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Home My WebLink AboutCCP 02-22-1999 ''';":!~~?':'''"!'~~'}f''";'''~-":~-c:",''~~'~':~\,"',r~~_-J'77'_1. ~,-:,{V-c,,:";~;'f ,"':'..<C\_::,"..' y,~_~1'?;~~:~.1;,>~'~,,,?'r,,,:?~'-~l'l1"'~--'f?'~:T:":_~,"'~f'"~<ff~"'lW~::J~._" ,..".,,,__,_~.,~~~_~:~~~t?fflf~~~p~ .. . Fl'l.'l CITY OF ARDEN HILLSlt: 4364 WEST ROUND LAKE ROAD ARDEN HILLS, MN 55112.5794 . AGENDA ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING, CITY HALL MONDAY, FEBRUARY 22,1999,7:15 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 25, 1999 Regular Meeting . 7:15 P,M. 4. Unfmished and New Business a. Indykiewicz Property Acquisition 7:20 P.M. 5. Miscellaneous Comments 7:25 P.M. 6. Adjourn The above times may vary depending upon length of issue discnssion. . PHONE: 11f'12) 833-5878.. FAX (612) 633-7839 -0' e e e CITY OF ARDEN HILLS MEMORANDUM DATE: February 18, 1999 TO: Economic Development Authority (EDA) Board of Commissioners Brian Fritsinger, SecretaryffreaSU~ Secretaryffreasurer Comments for the February 22, 1999 EDA Meetin2 FROM: SUBJECT: 1. Apnroval of Minutes The Authority is asked to approve the Minutes of the January 25,1999 Regular Meeting of the Economic Development Authority (EDA). 2. Unfinished and New Business a. Authorization to Purchase Indykiewicz Propertv The Authority is asked to approve the Purchase Agreement between the City of Arden Hills and George and Eleanor lndykiewicz, substantially in the form presented, subject to nonsubstantial changes being approved by the City Attorney and City Administrator/EDA Secretary; and authorize the President and Secretary to execute all necessary docwnentation; subject to conditions. As the attorneys had not yet finalized the agreement as of Friday, the EDA should expect a bench handout or a notice indicating the cancellation of the meeting. BF/sls , , e e e MINUTES CITY OF ARDEN IDLLS, MINNESOTA ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING JANUARY 25, 1999 7:15 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CAU, TO ORDERlROLL CALL Pursuant to due call and notice thereof, President Dennis Probst called to order the Economic Development Authority (EDA) meeting at 7: 16 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; Secretaryffreasurer, Brian Fritsinger; Controller, Terrance Post; and Recording Secretary, Carla Wirth. ADOPT AGENDA MOTION: Commissioner Aplikowski moved and Commissioner Rem seconded a motion to adopt the agenda for the January 25,1999, Regular Meeting of the Economic Development Authority. The motion carried unanimously (5-0). APPROVAL OF MINUTES A. January 4, 1999 Special Meeting President Probst requested a correction to page 4, seventh paragraph, first sentence, to "...prepared to support the purcha~e of the pro,posed price. however he believes the City would be . " paymg... Commissioner Malone requested a correction to page 5, fifth paragraph, third sentence, change to "...was due to a lack ofvebicle storage place." Commissioner Larson requested a correction to page 5, seventh paragraph, second sentence, to "...uncomfortable since there would be I1ll procedure." MOTION: Commissioner Malone moved and Commissioner Aplikowski seconded a motion to approve the minutes for the January 4, 1999, Special Meeting of the Economic Development Authority, as corrected. The motion carried unanimously (5-0). .. ARDEN lULLS EDA SPECIAL MEETING - JANUARY 25, 1999 2 , e UNFINISHED AND NEW BUSINESS A. Authorize to Pursue Acquisition of Railroad Spur Line and Bridge Mr. Ringwald explained that the EDA is being requested to authorize Staff to pursue acquisition of the MT Properties (railroad right-of-way) real estate in the Gateway Business District. He noted the map which identified the location of that property and other properties constituting the majority of the developable property remaining in the Gateway Business District. He noted the Council had previously looked at this property when Welsh Development attempted to purchase this right-of-way for Phases 2, 3 and 4. At that time, MT Properties decided they did not want to sell their property even though their staff did support the sale. Because of this, Gateway Boulevard was relocated to the north and the City has constructed it. As part of the plans, the alignment was discussed due to a potential connection with the City of New Brighton which has a large development plan for the northwest quadrant of the intersection as a vehicular connection. The cities talked about the utilization of the bridge which could be reutilized for a public trail system to link the two cities. Mr. Ringwald advised that a survey does not need to be included since Welsh Companies did a survey by a registered land surveyor when they were attempting to acquire the property. Because of that, the exact legal boundaries and legal description are already known. 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, and consult the City Engineer on issues related to the bridge over 1-35W and the City Attorney on legal matters related to the potential a acquisition of this right-of-way. Staff requests authorization to commence negotiations for ., acquisition of the MT Properties real estate, including the hiring of necessary consultants, in the total amount for the negotiations not to exceed $15,000, without further EDA action. President Probst asked about New Brighton's interest in dealing with their property and whether this can be done simultaneously so the costs can be split between the two cities. Mr. Ringwald advised that New Brighton is interested in taking ownership of the property west of the center line and they are pursuing that same negotiation. President Probst asked what Staff anticipates in terms of activity on the remaining property of Morris Communications and A TS Steel. He noted there is an agreement with Morris Communications to support their marketing efforts. Mr. Ringwald advised of his discussions with various people who are interested in the Morris Communication property and issues with the redesign of the Highway 96 and Round Lake Road intersection. He noted that starting construction on the intersection this spring will answer a lot of those questions. Commissioner Larson noted there is no building value assigned and asked what value is assigned to the bridge. Mr. Ringwald stated the bridge is apparently owned by MnDOT, and MT Properties believes that they only have the right to utilize the surface, which would be transferred to the City. He advised that Staff will follow up with the lineage of the bridge. MOTION: Commissioner Malone moved and Commissioner Aplikowski seconded a motion to authorize Staff to commence negotiations for acquisition of the MT Properties (railroad right-of-way) real estate in the Gateway Business District e ~ . e e e ARDEN HILLS EDA SPECIAL MEETING - JANUARY 25, 1999 3 (GBD), including the hiring of necessary consultants, in a total amount for the negotiations not to exceed $15,000,Without further action by the EDA. The motion carried unanimously (5-0). MISCELLANEOUS ITEMS President Probst commented on the land value of the Vaughan property which he believes is rather low and suggested an inquiry to Ramsey County regarding the value. Mr. Ringwald explained that the development activities of Gateway property has increased the valuations and per square footage costs. He stated that it may be that Ramsey County has not reviewed that property yet but Staff will work for the City to get the largest return on their dollar. ADJOURN MOTION: Commissioner Aplikowski moved and Commissioner Larson seconded the motion to adjourn the meeting at 7:35 p.m. The motion carried unanimously (5- 0). Dennis Probst President Brian Fritsinger Secretary-Treasurer 'I ,} I ., . . . FILE CITY OF ARDEN HILLS 4384 WEST ROUND lAKE ROAD ARDEN HillS, MN 55112-5794 REVISED AGENDA 7:30 P.M. 7:30 P.M. 7:30 P.M. 7:30 P.M. 7:35 P.M. 7:40 P.M. CITY COUNCIL MEETING, CITY HALL MONDAY, FEBRUARY 22,1999,7:30 P.M. 1. Call to Order 2. Approval of Meeting Agenda 3. Approval of Minutes 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. Receive the 1998 Treasurers Report c. Probationary Appointment, Pamela Sweeney 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 briefsummmy 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. 6. Unfinished and New Business a. Res. #99-10, Approving an Application for Authorization for an Exempt Gambling Permit b. Plannin\: Cases 1. Case #98-30, Donald Wahlberg, 1451 Arden Place, Side Yard Setback, Street 2. Case #98-37, Thomas Delich, 3403 Lake Johanna Blvd., Variance (Front and Side Yard Setbacks) 3. Case #98-36, City of Arden Hills, Adult Use Ordinance Discussion PHONE: (&121 &33-5&7& . FAX (&121 &33-7839 AGENDA - PAGE TWO CITY COUNCIL MEETING, CITY HALL MONDAY, FEBRUARY 22, 1999, 7:30 P.M. 9:40 P.M. 7. 9:50 P.M. 8. 10:00 P.M. 9. Administrator Comments Council Comments and CommitteeJDepartment Activity Reports Adjourn The above times may vary depending upon length of issue discussion. . . . . . . i' . f , I CITY OF ARDEN HfLY.E 4364 WEST ROUND lAKE ROAD ARDEN HillS. MN 55112.5794 AGENDA 7:30 P.M. 7:30 P.M. 7:30P.M. 7:30 P.M. 7:35 P.M. 7:40 P.M. CITY COUNCIL MEETING, CITY HALL MONDAY, FEBRUARY 22,1999,7:30 P.M. 1. Call to Order 2. Approval of Meeting Agenda 3. Approval of Minutes 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. b. Claims and Payroll Receive the 1998 Treasurers Report Probationary Appointment, Pamela Sweeney c. 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. 6. Unfinished and New Business a. Res. #99-10, Approving an Application for Authorization for an Exempt Gambling Permit b. Finance Committee Presentation, Anne Sorenson c. Plannin~ Cases 1. Case #98-30, Donald Wahlberg, 1451 Arden Place, Side Yard Setback, Street 2. Case #98-37, Thomas Delich, 3403 Lake Johanna Blvd., Variance (Front and Side Yard Setbacks) 3. Case #98-36, City of Arden Hills, Adult Use Ordinance Discussion PHONE: 1612J 633-5676 · FAX 1612J 633.7839 , , AGENDA - PAGE TWO . CITY COUNCIL MEETING, CITY HALL MONDAY, FEBRUARY 22,1999,7:30 P.M. 9:40 P.M. 7. Administrator Comments 9:50 P.M. 8. Council Comments and CommitteelDepartment Activity Reports 10:00 P.M. 9. Adjourn The above times may vary depending upon length of issue discussion. Tentative March Meetinl! Schednle Meeting dates, times and locations are subject to change. Please contact City Hall for the most current schedule. Tentative Anril Meetin@' Schedule Meeting dates, times and locations are subject to change. Please contact City Hall for the most current schedule. March 3 March 8 March 15 PENDING March] 6 Planning Commission 7:30 P.M. April 7 Planning Commission 7:30 P.M. April 12 Conncil Meeting 7:30 P.M. April 15 Finance Committee 7:30 P.M. Apri\l5 Public Safety 7:30 P.M. Commission April 19 Council Worksession 4:45 P.M. PENDING Business Development 8:00 A.M. Committee April 26 Economic Development 7:00 P.M. Authority April 26 Council Meeting 7:30 P.M. April 27 Parks & Recreation 7:00 P.M. Commission April 28 Newsletter Committee 6:00 P.M. PENDING Business Relations 4:00 P.M. Committee Council Meeting 7:30 P.M. Council Worksession 4:45 P.M. Business Development 8:00 A.M. Committee Parks & Recreation 7:00 P.M. Commission* (* Arden Manor Mobile Home Park) March 18 Finance Committee 7:30 P.M. March 18 Public Safety 7:30 P.M. Commission March 29 Economic Development 7:00 P.M. Authority March 29 March 31 . NOT SCHEDULED Council Meeting 7:30 P.M. Newsletter Committee 6:00 P.M. Business Relations Committee , ". 4:00 P.M. '- 02/19/99 FRI 09:03 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TIlL CONNECTION ID ST. TIME USAGE T PGS, SENT RESULT -- . City of Arden Hills 1il,j001 assss****a*********** *** TX REPORT *** asa*aaa*a*aa*s******* 3058 6124219511 02/19 09:00 02'46 8 OK 02/19/99 FRI 09:04 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills I4l 001 $$$$$$$$$$$****$*$*** *** TX REPORT *** $$$$$$$$$$$$$$$$$$$$$ 3059 6123701378 02/19 09:03 01'01 4 OK 02/19/99 FRI 09:06 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION In ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills Jg)001 ********************* sss TX REPORT sss ********************$ 3060 6461220 KMWB WB23 MPLS M 02/19 09:05 01'02 4 OK 02/19/99 FRI 09:07 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . CIty of Arden HIlls 141 001 ********************* *** TX REPORT *** ********************* 3061 6286833 02119 09:06 00'55 3 OK 02/19/99 FRI 09:08 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills 141001 **$****************** $$$ TX REPORT $$$ ********************* 3062 6339550 02/19 09:07 00'55 3 OK 02/19/99 FRI 09:19 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . CIty of Arden HIlls ~001 ****$$$$*****$$$$$*** *** TX REPORT *** ******************$$$ 3063 6333846 02/19 09:17 01'51 3 OK 02/19/99 FRI 09:21 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 *** ********************* 3064 4810551 02/19 09:20 01'19 3 OK 02/19/99 FRI 09:23 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . C1ty of Arden H111s I4i 001 $******************** *** TX REPORT *** ********************* 3065 6122279371 02/19 09:21 01'17 3 OK 02/19/99 FRI 09:29 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 *** ********************* 3067 4821262 02119 09:27 01'18 3 OK ,. ,I e e e CITY OF ARDEN illLLS MEMORANDUM DATE: February 18, 1999 TO: Mayor and City Council Brian Fritsinger, City Administrato@ Administrator Comments for the February 22, 1999 Council Meetin2 FROM: SUBJECT: 1. Consent Calendar a. Claims and Payroll . The City Council is asked to approve vendor claims in the amount of$306,965.24 and payroll for the period most recently ended. The Council should note payment to the League of Miunesota Cities Insurance Trust in the amount of$63,167 for General Liability Insurance; MCES in the amount of$41,571.69 for March sewer charges; Ramsey County in the amount of $52,304 for January law enforcement; and to the City of Roseville in the amount of$108,390.19 for 4th quarter water purchases. b. 1998 Treasurers ReDort The City Council is asked to accept the 1998 Treasurers Report as required by the Arden Hills Investment Policy. c. Probationary Appointment. Pamela Sweeney The City Council is asked to approve the appointment of Ms. Sweeney as a probationary employee with the City of Arden Hills. 2. Unfinished and New Business a. Resolution #99-10. Gamblinll Permit The City Council is asked to adopt Resolution #99-10, approving an exempt gambling permit application and waiving the thirty day waiting period. This permit would allow St. John the Baptist Catholic Church of New Brighton to hold a raffle and tipboard fund raising event at the Holiday Inn on March 19,1999. b. Finance Committee Presentation Anne Sorenson may attend the meeting to present the [mdings of the Finance Committee in regards to financing of the new maintenance building. " I Administrator Comments for the February 22, 1999 Council Meeting Page Two February 18, 1999 e c. Planninl!: Case #99-30. Donald WahlberJ. Variance The Planning Commission recommends denial of Planning Case #98-30. The applicant is seeking approval of a comer side yard setback variance for an attached garage addition. d. Planninl!: Case #98-37. Thomas Delich. Variance The Planning Commission recommends denial of Planning Case #98-37. The applicant is seeking approval of a side yard setback variance and a front yard setback variance for a house addition. e. Planning Case #98-36. Ci(y of Arden Hills. Adult Use Ordinance The Planning Commission recommends approval of Ordinance #311, and publication of an ordinance summary, regarding the siting of adult establishments within any zoning district of the City of Arden Hills. 3. De,partment Renort 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: e . General Administration Miscellaneous items worked on during February included: . Continued processing of 1999 Business Licenses and delinquent notices. . Continued efforts on Arden Hills Y2K compliance . City Facilities Update The City prepared and has advertised for the bidding of the new City Hall project. A pre-bid meeting was held with all of the interested bidders. The bid opening is scheduled for March 11, 1999. The draft lease agreement with the MN Army National Guard has been delivered to their attorney's for review and comment. . City CouncillDepartment Head Retreat Final preparation were made for the 1999 City CouncillDepartment Head Retreat. The Retreat was held on February 19, 1999. The City Council reviewed its Philosophy Statement, Organizational Structure and discussed future goals. . Newsletter Committee The February, 1999 newsletter was processed and mailed to our residents. The Committee is currently working on the March, 1999 edition. City Hall has received several phone calls regarding the recent article on the improvements planned for Highways 96 and 10. e . "II e e tit Administrator Comments for the February 22, 1999 Council Meeting Page Three February 18, 1999 . Property Acquisition Staff continued to hold meetings for the purpose of negotiating a final Purchase Agreement on the acquisition of the 1ndykiewicz property. Staff has negotiated a hand shake agreement which will most likely be presented to the Economic Development Authority on February 22. . 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; I-35W Corridor Coalition and Rotary. . Personnel . Buildio~ Inspector Position Staff has been working on the final job description and the Memorandum of Agreement for the shared Building Inspector position. We have narrowed down some of the issues related to the duties and have drafted together the various items needed to advertise for the position. . Receptionist Position Staff reviewed the applications, interviewed and selected an individual to fill the vacant Receptionist position . Parks Director Position Staff has reviewed the various applications of interest for the Parks Director position and narrowed down the list of candidates to be interviewed. I expect that 5-6 individuals will be interviewed sometime within the next week to ten days. . EDllineer Review Staff prepared for and completed the one year performance review of the consulting engineer. Administrator Comments for the February 22, 1999 Council Meeting Page Four February 18, 1999 . Park Development . Bethel Park Staff presented the concept proposal for the park project to the City Council at its February 8, 1999 meeting. With the City Council direction to proceed, staff has now begun working with Bethel College to develop the process which will be used for the development of plans and review of the project. Staff has also met with Ramsey County officials to discuss potential changes to Old Snelling Avenue which would address both pedestrian and vehicular traffic safety issues in this area . Arden Manor Park Staff has worked with the City Engineer to revise the concept plan for the redevelopment of Arden Manor Park. The Commission will review these plans at its February 23,1999 meeting and will be meeting with ArdenManor residents on March 16th . t , e e e .~ ! \ e e e CITY OF ARDEN HILLS ACCOUNTS PAY ABLE CLAIMS REPORT TO BE APPROVED AT 02/22/99 COUNCIL MEETING PAGE I OF3 CLAIMS PAID SINCE LAST COUNCIL MEETING /02108/99) .~n_#~~~~zj( ~.. :.; ," ....:. :"';qr~%*HW~fu~~if.~~~~~~W~;~t{bt@HilimHlm@*Jth~r" ":f;%. :~~:::{.~ ," ," . )~4'W:1hW#WM&WH1.W~Wtf#t%MH~~ ]5358 02104/99 r;.:;-et Center 99.00 Harlem Globetrotters Trin - 9 ]1.00 15431 02108/99 Brock White Co. 75.00 Crack Sealing Seminar-Perron,Schifskv&Reed 15432 02108/99 Fortis Benefits 301.08 Jan & Feb - Lon. Term Disabilitv 15433 02108/99 Government Trainiw Service 185.00 Annual MCFOA Conference - Stowell 15434 02108/99 Minnesota Mutual 328.65 Februarv Life Insurance 15435 02108/99 Mn State Treasurer 2213.72 BId. Permit Surch.....e 15436 02108/99 MN Utilitv Contractors Assoc. 220.00 Confined Snace Trainino-Reed & SchifSkv 15437 02108/99 Snencer David D. - MCFOA Admin Asst 30.00 1999 Membershin Fee 15438 02108/99 Pettv Cash 194.81 Pettv Cash Renlenishment 15439 02/09/99 Cjh;(,fNew Briohton 1,071.00 NSP Reimbursement-Stowe A venue 15440 02/09/99 Bollman, Jenny 330.00 Dance Instructor - Januarv 15441 02109/99 Burwell L""n L. 415.00 Dance Instructor - Januarv 15442 02109/99 GFOA 310.00 Annual GFOA Conference - T. Post 15443 02/10/99 MN Denartment of Revenue 439.00 Sales Tax - Januarv 1999 15444 02110/99 CAMAS/Shie~ Division 1,440.18 Road Materials wlDiscoWlt 15445 02/11/99 MN Board of Water & Soil Resources 25.00 Water Education Resources WorkshoD - Randall 15446 02116199 New Brililiton Parks & Recreation 20.00 Comnnter WorkshoD - T. Petersen 15447 02116/99 S~n"'tone Theatre 180.00 Musical Theatre Class 15448 02116199 lCMA Retirement Trust. 457 5 466.10 Second Februarv Pavroll 15449 02116/99 State Canitol Credit Union 4536.15 Second Februarv Pavmll 15450 02117/99 Public Emnlovees Retirement Association 3,489.34 Second Febru.rv Pa~oll 15451 02117/99 American Medical Security 651.78 Februarv Dental Insurance 15452 02/17/99 CCP Industries 480.62 PW Uniform Purchases If Subtotal - Paid Claims 22,501.43 I Paid Claims From Above. 22,501.43 Add Unpaid Claims, Page 3 of 3 - 284.463.81 Total Accounts Payable Claims for Council Approval, 02122/99. 306,965.24 Note: Checks for unpaid claims totaling $86,910.76 were mailed on February 9, 1999 after approval at the February, 8th Council Meeting. They were check numbers 15361 - 15430. This sequence corresponds to unpaid temporary numbers T1 . T70. Check numbers 15359 - 15360 were used for alignment. .Check number 15358 included on this report. omdyI_,.,..bWclo....l CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 02122/99 COUNCIL MEETING PAGE 2 OF 3 UNPAID CLAIMS REGISTER: _:~??W~Ir.W::i~wmW1JHrnH@I@imnifihm&tM'~@jE~~MMe$WHFtfMr:W@fi%tf~'~~%fr.:;2#:WN#~El TOI 02/23/99 Accurate Press Inc. 647.52 Januarv NewsletterlBlank Stock ITH Mill) T02 02/23/99 American Planniruz: Association 55.(){) Subscrintion-Zonin. News T03 02123/99 American Stores, Inc. IUO Brakes #\3 T04 02/23/99 AT & T Kansas City 26.00 Lon. Distance - PW T05 02/23/99 Beisswenger's 28.17 Januarv Purchases T06 02/23/99 Biffs Inc. 65.26 Portable Toilet - Cumminos Park T07 02/23/99 Comorate Exnress 10.18 Conv Paner T08 02/23/99 DCA Inc. 310.00 Administrative Fees 1099 T09 02/23/99 Determan Brownie Inc. 238.45 Fuel Transfer PIlM'm TlO 02/23/99 Deters Patricia 26.00 Refund-Cartoon Caners TlI 02/23/99 Ditter, Theresa 60.50 Refund-Dance Creative Tl2 02/23/99 Down on the Farm 105.00 Denosit-Ponv RideIPettin. Zoo Tl3 02/23/99 Evergreen Land Services Co. 90.00 Consult Services 1/16-1/31 Tl4 02/23/99 Franklin Covey 201.76 "What Matters Most" Workshoo-Stafford Tl5 02/23/99 Frattallone's Hardware Inc. 59.39 JanuarvPurchases Tl6 02/23/99 General Reoair Service 646.33 Renair Kit #8 Tl7 02/23/99 Gooher State One-Call, Inc. 26.25 J anu::!rv Service Tl8 02/23/99 Govenunent Training: Service 99.(){) Land Use Plannin. - Rem Tl9 02/23/99 Grainger W.W. 40.37 Yard LiOhitAir Re~ator Uft #8 no 02/23/99 Indenendent School District #621 110.00 Intennediate Excel 97 - S. Berres - 6/10/99 nl 02/23/99 International Union of Onerating Engineers 175.00 Fehn"...v Pa"'oll Deductions T22 02/23/99 Kardell, Lori 44.25 Afterschool Sunnlies n3 02/23/99 Kath Brothers Fuel Oil Co. 65.50 Fuel Purchase n4 02/23/99 Kinko's 84.14 ~OUick Facts - TH Meetino n5 02123/99 Knox Lumber Comnanv 117.06 Sumn Pumn - Lift #8 T26 02123/99 Lavelle, Thomas 26.00 Refund - Cartoon Caners n7 02/23/99 Leaplle ofMN Cities 40.00 1999 ~& Loss Control Workshon T28 02/23/99 Lea2Ue ofMN Cities ~ Insurance Trust 63 167.00 General Liahilitv Insurance Premium n9 02123/99 Lexinltton Floral Inc. 79.95 Funeral Arran.ement - Anlikowski BO 02123/99 McCallum Transfer Inc. 15.00 Deli""", Service BI 02/23/99 Medtox Laboratories 92.00 Testin~-1/14/99 I Subtotal- Un.aid Claims -- 66,762.18 II ~_bIoI<lai...1 ... I e e e e e e CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 02/22/99 COUNCIL MEETING PAGE30F3 UNPAID CLAIMS REGISTER: _~t~r~~1:~jf.K.', . .....\~WlzHMMt.tK]hn6iNWt::##~~ibqJMt:il ",", . ....Wf:~t~~ttHr.f:mWmiWjMH*@i@:~W~!i~:}3i~A~}1 T32 02/23/99 Met Council Environmental Services 41,571.69 March Sewer Charges D3 02123/99 MN Deoartment of Revenue 50.00 1998 HW Base Tax - VSOGs D4 02123/99 MN Counties Insurance Trust 125.00 1999 Assoc. Membershin Dues T35 02123/99 MN Denartment of Health 85.00 Water Schoo1- Perron - 4/21-4/23 T36 02123/99 MTI Distributin. Co. 110.00 Toro Service School - Bell & Frevb~ T37 02123/99 Natale's Caffe 65.00 Council Worksession 2/16 T38 02123/99 Northern States Power Comnanv 3337.01 Januarv Service T39 02123/99 Oxv.en Service Comnanv. Inc. 11.24 Oxvoen Purchase HO 02/23/99 Peterson, Fram & Berman P.A. 6 988.69 Januarv Le.al Fees T41 02/23/99 Plaisted Comoanies Inc. 1,121.01 Ice CDIltro1 Sand T42 02/23/99 PtanSil!hL llC 97.50 On-Site ConsuItinll T43 02123/99 PrOD Rec & Rev - Revenue 52,304,00 Law Enforcement - Jan 1999 T44 02123/99 Re.ional Mutual Aid Assnc. 10,00 1999 Membershin T45 02123/99 Rooeville City of 108,39Q.19 Water Purchase 4098 - 82 M Gallons T46 02123/99 S & S Worldwide 75.98 Paint - A - Thon Necklaces T47 02123/99 Scherbel, David 58.57 MileallelExnense Reimbursement T48 02/23/99 Sears 61.75 Parks. Tools T49 02/23/99 Serco Laboratories 339.00 Water Testill2 T50 02/23/99 Stowell Sheila 21.34 Mile nse Reimbursement T51 02/23/99 TimeSaver Off-Site Secretarial 463.00 Recordin. Sec Fees - PC 2/3 - CC 2/8 T52 02123/99 Too Temoorarv 1,216.00 Temoorarv Recentionist 1/25 . 2/07 T53 02/23/99 University of Minnesota 120.00 Shade Tree Course. Winkel T54 02123/99 US West Communications 57.75 633.9936 Perry Park T55 02/23/99 Waste Management - Blaine 946.97 Waste Removal T56 02123/99 Wear Guard 44.94 1999 Uniform Purchase T57 02123/99 Xerox Corporation 30.00 Conier - Cleaner Subtotal, Page 3 of 3 - 217,701.63 Pa.. 2 of 3 Broul!ht Forward. 66762.18 Total Unoaid Claim. 284.463.81 ~""poyoblelclllim.' ;;J; 0: Ii: - en e en ~ <;! co Q w ~ III :.: u w :I: U ..J ..J o a:: a;- ~l!:i II..:!: >N a:: CO <S ~en a::~ lD", w- u.C; c,.:, z:;;: 0" 0; W'm- Ul_ Ul ..J ..J i: z W c a:: < u. o 1= (3 )~: .l~b:. w~'m .n : :~:::~ :; I "'-l-":';'}:{<< , i... .'~'... ~.'.;.;.'.~:~.' ;::~: 8 8 100 I :,-:-: :.;.~. ::::..0 :N.; l""l '" '" 00 """ ~ ~~ ~~~ ....... M ,:::;;. :t. -::}:. t~~; I ~f' H N ~;:;:. f': ~..., M=tl ~~~ ~I: :-:-;.~ . ~ .. O! ! ~ 0 "' .. j ~ > " .. . Q U ~ Q 0 '" ~ o ~ t ~ ';:]~~8~ =€: 11 ~ 0 ~ B ~ M :::l * ~!~~H~H~ Q .. ~ .. ~ ~ ~ .. ~ .. ""..,......O'Mf"lVlao,..,.... ~ i llllfl!!illl! 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The report is due within ninety (90) days following year end. Please let me know if you have any questions. This is the eighth such annual report, and the seventh prepared by myself. As always, I am particularly interested in any suggestions you may have as to its content and scope. Sincerely, ~IL~ Terrance R. Post City Treasurer Enclosure PHONE: (612) 633-5676 . FAX 1612) 633-7839 CITY OF ARDEN HILLS ANNUAL REPORT OF INVESTMENT PROGRAM AND INVESTMENT ACTIVITY 1998 The City's Investment Policy requires that a comprehensive annual report be provided by the Treasurer that summarizes the following: Investment Strategies The investment strategy is to approximate the yield on the benchmark two year Treasury Note while meeting the daily cash needs of the City and conforming to regulatory requirements. The objectives of safety and liquidity are balanced through the process of diversification, while maintaining a market rate of return throughout budgetary and economic cycles. Specifically, the objectives for 1998 were to maintain a position where the investment instruments were diversified by type as suggested by the policy diversification goals, as well as by maturity. The portfolio maintained a much stronger position in cash and cash equivalents than that required by policy goals because of the following considerations: a) City Hall facility reconstruction costs are currently estimated in the $2,300,000 range; and b) Gateway Business District (TIF District #2) bond proceeds of $3, I 00,000 for engineering services, legal services, utilities, land acquisition, site improvements, and street construction public improvements were expected to be largely expended in 1998. Description of Portfolio (as of12/31/97 and 12131/96) Cash or Equivalents Fixed Rate Instruments (FRI) Zero Coupon Instruments Recommended Policy Goals Actual Portfolio Mix 12/31/97 12/31/98 37% 53% 48% 34% 15% 13% Pro Forma 12/31/98* 29"10 52% 19% 15% 65% 20% *Restated mix based upon $2,300,000 reduction in cash for City Hall facility funding requirements and $2,600,000 reduction in cash for remaining property acquisition and Round Lake Road, Phase I, street improvements including advance funding Ramsey County share (TIF District #2 Gateway Office). 2 . . e e e \ e Portfolio Maturities Maturities should be varied, with not more than twenty percent (20%) of the portfolio invested out five years (maximum term). Maturities ($ in OOO's) Annual Maturities Aggregate Maturities Investment By Cate~ory Annual Entire Xlll!r Cate~orv Amount Pct Amount Pet Portfolio 1999 Cash $ 7,630 100% FRl $ 1,195 19% Zero $ 568 18% $ 9,393 66% 66% 2000 FRl $ 1,190 22% Zero $ 271 21% $ 1,461 10% 76% 2001 FRl $ 1,100 23% Zero $ 382 20% $ 1,482 10% 86% 2002 FRl $ 896 18% Zero $ 280 20% $ 1,176 8% 94% e 2003 FRl $ 490 18% Zero $ 346 21% $ 836 6% 100% ~]4.348 1l4.34:!!, e F.isk Characteristics The risk to principal due to credit quality is low as almost all investments are either insured by, or are an obligation of, the U.S. Government. Fixed rate investments, and zero coupon investments, are all subject to market risk if required to liquidate on short notice. In the case of fixed rate instruments and zero coupon instruments, this market risk is mitigated by an investment policy to hold for the duration of a maturity. Accordingly, internal reports reflect original costs. Maturity Philosophy . The concept of "laddering" maturities is a commonly used technique that, in this case, supports an objective that overall return will tend to more nearly approximate two year Treasury Note interest rates, as investments are made at then current five year intermediate term rates with varying maturities. This also allows for a consistent stream of maturities and the opportunity for investing in smaller, more frequently available amounts than if large amounts were invested in "lumps." This is a source ofliquid funds that can either be reinvested or used for current needs as appropriate. 3 . The report shall exnlain the total investment return and compare the return and comnare the return with budgetarv expectations. I e The total return for 1998 was $750,247 on an average portfolio balance (including cash equivalents) of $13,256,498, which equates to an average yield of 5.66% for the year. This compares favorably to 1998 interest income expectations in the range of5.0% to 5.5%. The 1998 yield also compares closely to the benchmark] 998 average rate for a two year U.S. Treasury note of5.l3%. 1998 interest income of $750,247 resulted in a $234,297 positive deviation (45.4%) against budget. The primary reasons for this performance were slightly higher than expected yields and a larger than expected portfolio balance arising from construction start delays for the City Hall facility construction project and public improvements in the Gateway area funded from bond proceeds not being totally completed in 1998. The report shall contain a discussion ofthe outlook for interest rates and the economic trend for the upcoming year investment strategies to be implemented, and budgetary expectations for investment income. The general outlook for interest rates in 1999 is for them to be lower than average 1998 levels. Many economists believe the United States economy will be negatively impacted by concerns in other international economies. Slower growth and lower import prices should keep inflation low and stable, around 2%. By year end 1999, we may be seeing the yield curve for all maturities _ mirror the December 1998 range of 4.5% to 5.25%. The estimated annualized rate of return for .. 1999 should be in the range of 4.5% to 5.0%. 1999 interest was budgeted at $454,200 on an expected average portfolio balance of$10,100,000 with an expected yield of 4.50%. Attached Schedules Attached are related schedules for your further review: 1. Investment Portfolio Analysis, December 31, 1998 2. Annualized Investment Portfolio Return, 1998 3. Investment Ladder, Note and Zero Maturities by Year, 1999-2003. This report will be discussed with the Finance Cornmittee at their February, 1999 meeting. I herewith submit this annual report to the City Council pursuant to the annual reporting requirement of the Investment Policy. Terrance R. 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OIl a: .1Il .. l!! :::l III III l!! I- (IC) G) G) ... e e e CITY OF ARDEN HILLS MEMORANDUM DATE: February, 16, 1999 TO: Mayor and City Council Brian Fritsinger, City Administrato~ FROM: SUBJECT: Probationary Appointment Background With the resignation and retirement of Janet Owens, the Receptionist position has been vacant for the past couple of months. Staffhas advertised, evaluated and interviewed a number of applicants for this position. After completing the appropriate background, criminal and reference checks, staff has offered the position to Pamela Sweeney. Recommendation Staff recommends the City Council approve the six (6) month probationary appointment of Pamela Sweeney as Receptionist for the City of Arden Hills. Ms. Sweeney began her duties with the City on February 16, 1999. BF Isis ~ . e e e CITY OF ARDEN HILLS MEMORANDUM DATE: February 18, 1999 TO: Bri>mFrimngu,City Ad_~ Terrance Post, City Accountant ~ Exempt Gamblinll Permit Application FROM: SUBJECT: Background On February 10, 1999, the City of Arden Hills received an application for an exempt gambling permit from St. John the Baptist Catholic Church of New Brighton. The organization is proposing to have a raffle and tipboard fund raising event at the Holiday Inn at 1201 West County Road E on March 19, 1999. The organization is also requesting the City of Arden Hills to waive the thirty day waiting period prior to the charitable gambling event. What is an Exempt Perqlit? This form of approved charitable gambling approved by the State Gambling Control Board is applicable to nonprofit organizations who do not have an active charitable gambling license, but still wish to utilize charitable gambling events for fund raising purposes. These organizations are limited as to the number of exempt permits allowed in a year (five) and the total prize payout in a year ($50,000). Council should be aware that this type of licensed activity is different from the "One-Day Off-Site Activity" recently approved in Resolution No. 99-09 for the Circle PineslLexington Lions Club at the February 8, 1999 Council meeting. The "One-Day Off-Site" opportunity exists only for organizations that have an active organization license and premises permit. Whv is the Ol1lanization Requesting a 30 Day Waiver? A representative of the church has explained that the request for waiver from the thirty day waiting period has arisen because of a significant deposit at the hotel to book the event, and because of an administrative mix-up. They had originally submitted the application package to the City of Shoreview on the mistaken impression that the Holiday Inn was in that community. By the time the mistake was realized, the organization was in a timing conflict. Recommendation Staff recommends that Council approve Resolution No. 99-10, "Approving an Exempt Gambling Permit Application and Waiving the Thirty Day Waiting Period," at the February 22, 1999 regular Council meeting. As part of the motion, Council should state their reason for approving the waiver request. Attachments CITY OF ARDEN HILLS RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION NO. 99-10 A RESOLUTION APPROVING AN APPLICATION FOR AUTHORIZATION FOR AN EXEMPT GAMBLING PERMIT THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota that: I. The City of Arden Hills agrees to approve the application for authorization to conduct raffle and tipboard gambling activity for St. John the Baptist Catholic Church at the Holiday Inn, 1201 West County Road E, Arden Hills, Minnesota on March 19, 1999; and 2. The City of Arden Hills agrees to specifically waive the thirty (30) day waiting period in connection with this event. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN mLLS Tms 22"d DAY OF FEBRUARY, 1999. ATTEST: DENNIS PROBST, MAYOR BRIAN FRlTSINGER, CITY ADMINISTRATOR . . tit e e . e e e ohn~Ba RECEIVED FEB 1 0 1999 Q1Y Of A1WtN "IUS Date: February 9,1999 To: From: Arden Hi11s City Council Members Bob Mike, Parish Administrator , Re: Application for Exempt Gambling Permit St. John the Baptist Church will be holding a fund raising event for the parish at the Holiday Inn at 1201 West County Road E, on March 19th, 1999. This fund raising event will include gambling activities. Therefore, I have enclosed our application for an exempt permit from the State, and I am asking the City Council to approve our request to allow gambling within your city limits at your next council meeting. I apologize for getting this application to you so late. Therefore, I am also requesting that you waive the 30 day waiting period so that we can hold the event on March 19th. If you . do waive the waiting period, I will need written documentation that will be submitted with our application to the State. I have talked to the Gambling Control Board, and they indicated to me that they will be able to process our application to meet our March 1 gA date if the city waives the 30 day waiting period. If you have any questions regarding our application, please feel free to call me at 651-633-8333. Thank you for your time and consideration regarding this matter. 835 2nd Ave NW New Brighton Minnesota 55112 Phone 633-8333 Fax 633-7404 '. .. e e e Page 1 of 2 For Board Use On 10/98 Fee PaKl Check No. Initials Received I I PreVious lawful gambling exemptiOn number )(s V;;:Jl S 9 StatelZip COdE! 55112 Minnesota Lawful Gambling Application for Exempt Permit - LG220 Organization Information Orgaiiizatjoll name St. Johqthe Baptist Street City 835 2nd Ave NW New Brighton, MN Name of chief executiVe officer (CEO) of organization First name Last name William Murtaugh Name of teaslJrer of organization. First name .. Last name County Ramse Daytime phone number of CEO: ( 651 )633-8333 D"ytlmephone number of treasurer: (651 ) 633-8333 Rob Type of Nonprofit Organization Check the box'that best describes your organization: o Fratemal 1ZI. Religious o Veteran 0 Other nonprofit organization Check the box that Indicates the type of proof your organization attached to this application: ,. D.... IRS letter indicating incOme tax exempt status o Certificate of Good Standing from the Minnesota Secretary of state's Office 0/ A charter Showing you arE! an affiliate of a parent nonprofit organization 0" . Proof previously submitted and on file with the Gambling Control Board .' Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles. list the site where the drawing will take place) Holiday Inn , Address (do not use PO box) City StateIZlp Code County 1201 W. County Rd E Arden Hills, MN 55112 Ramsev .Date(s) of activity (for .raflles.indicatethe date of the drawing) , .... Friday,. March 19, 1999 . Check the box or boxes that Indicate tM type ofllamblingactivity YQur .0rg~lzation will be conducting: o "BIngo t3JRaffteS o .PaddI~ls O.PulJ..Tabs . f8:I "Tipboards .Equipment forlhese activities must be obtaitied from a licenSed distribUtor. . . . .. This form will be made available in a1temative fonnat (Le.large print, BralIe) upon request. The infonnation requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You hS'Je the right to refuse to supply the information requested; however. if you refuse to supply this information, the Board may not be able to determine your qualilicalions lIld. as a consequence. mayrefuse to issue you a permi!. If you supply the infonnation requested. the Board y,jll be able to process your application. Your name and and your organization's name and address will be public information When received by the Board; All the other infonnatiorl that you provide will be private data about you until the Board issues your permil.When the Board iSsUes your permit, aU of the information that you have provided to the Board in the process of applying for your parmI! will.become pUbl!c;lIthe Board does not issul1YOu a permit. .. all the Ihformation you have provided in the process of applying for a permi! remainS private. with the exc~ption of your name and your organization's name and address which will remain pubnc. Privaledata about you areavaUable only to the following: Board members, staff of the Board whose work assignment requiresthatthey have access to the information ; the Minnesota Department of Public safety; the. Minnesota AltonleyGenerel; the Minnesota Commissioners of Administration, finance. and Revenue;.the Minnesota Legislative Auditor. national and in~mational gambling. regulatory agencies: anyone pursuant to court order; other individuals and agencies that are specilicaIly authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authOrizes a new use or sharing ofinfo.nnation.thls Notice wasgiven; and anyone with your consent. Al?plication for Exempt Permit - LG220 Organization Name St. John the Baptist Catholic Chu'rch. Local Unit of Government Acknowledgment (RequIred by Statute) Page 2 of2 .10198 , 1 I , ,. On behalf of the city, I acknowledge this application and three options for the city: 1. Approve the application: By taking no action, the city allows the Board to Issue a permit after 30 days (60 days for a first class city). 2. Waive the above-noted waiting period: The city allOws the Board to issue a permit before 30 days (60 days for a first class city). Docu- mentation attached. 3, Deny the application by passing a resolution within 30 days (60 days for a first class city). Print na e of city: C n'f o~ JtoBtJ (L. (Signature of city personnel receiving application) J.MjJL Tide Date 01-1 \D 1 l e On behalf of the county, I acknowledge this application and three options for the county: 1. Approve the application: By taking no action, the . county alloWs the Board. to i~ue a permit after 30 days. 2. Waive the above-noted waiting period: The county allows the Board to issue a pennit before 30 days. Documentation attached. 3. Deny the application by passing a resolution within 30 days. . Print name of county: (Signature.of County personnel receIVing application) Tnle Date I I On behalf of the township; I acknowledge that llie organization is applying for exempted gambling activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). e Print name of township: (Signature of township official acknowledging application) Tille Date J I Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. 'vt-:......... a.. _ 7YJ;.u. ~ Chief Executive Offjce~s signature Name (please print) ; \ \" \ a DateOZ./~~ Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: the completed application; a copy of your proof ofnonprofjt status, and . a $25 application fee (make check payable to "State. of Minnesota'1- Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 WeSt CountyRQad B, Suite 300$0Iltb Roseville, MN 55113 If your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. e r I - . e e e MINUTES CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, FEBRUARY 3, 1999 7:30 P.M. - ARDEN HILLS CITY HALL DRAFT CALL TO ORDER Chair Steve Erickson called the meeting to order at 7:36 p.m. ROLL CALL Present were Chair Steve Erickson, Commissioners Brent Nelson, Stephen Baker, Terri Duchenes, and Dave Sand. Absent were Commissioners Therese Galatowitsch and Marty Rye. Also present were Councilmember Lois Rem, Assistant to the City Administrator Kevin Ringwald, Associate Planner Nancy Randall, City Attorney Jolm Miller, and Recording Secretary Lori Rolfson. OATH OF OFFICE Councilmember Rem administered the Oath of Office to Chair Erickson for his 1999 term. ELECTION OF VICE CHAIR - 1999 Commissioner Sand nominated Commissioner Nelson for Vice Chair for 1999. The motion carried unanimously (5-0). APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON JANUARY 6. 1999 Commissioner Sand moved, seconded by Commissioner Nelson to approve the January 6, 1999 minutes. The motion carried unanimously (5-0). Due to the delayed arrival of City Attorney John Miller, the public hearing cases were postponed until his arrival. PLANNING CASE #98-30 - DONALD WAHLBERG - 1451 ARDEN PLACE - VARIANCE Ms. Randall explained that the applicant was requesting approval of a corner side yard setback variance (19 feet 9 inches proposed, when 40 feet is required) for an attached garage (storage space) addition to a single family lot zoned R-1. The applicant currently has a small two car attached garage 18 feet by 26 feet (468 square feet) that fronts on Arden Place. The applicant was proposing a 16-foot 8 inch by 33-foot 8 inch (562 square feet) garage addition to replace the ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DR;AJ;T " storage space that was lost when a detached metal storage building collapsed earlier this year, _ thereby providing the applicant with 1,030 square feet of attached garage. .. The existing home is located in an area that was developed when the Zoning Ordinance allowed for lf20-foot corner side yard setback. The Zoning Ordinance was changed to a required 40-foot corner side yard setback after the home was built. However, the lot that contains the applicant's home does comply with the lot width, depth, and area requirements of the current Zoning Ordinance. The existing home currently has a corner setback of 19 feet 8 inches. In order to maintain the existing setback, the proposed structure had been jogged back 7 feet from the existing structure due to the angle of the existing structure to the property line. The applicant had evaluated other locations for the garage; however, this was the ouly location they felt would work with the existing home. The applicant had not documented why a storage shed could not be rebuilt elsewhere on the property. When the lot was platted, the required corner side yard setback was 20 feet where 40 is now required. The configuration of the parcel meets the standards for the R-1 Zoning District. Other variances have been approved on the basis that the corner side yard setback was changed from 20 feet to 40 feet after the lots were platted. The variances, however, were not for garages over two cars ,and the lot width was below the required. If the proposed addition was placed to the rear of the existing garage, supplying the requested storage, a variance would not be needed. e Ms. Randall advised that the Staff recommends denial of Planning Case #98-30, corner side yard setback variance (19 feet 9 inches proposed, when 40 feet is required) for an attached garage (storage space), based on the "Findings - Corner Side Yard Setback Variance (garage)" section of the Staff report dated February 3,1999. If the Planning Commission makes a recommendation on this Planning Case, it would be heard at the Monday, February 22, 1999, regular meeting of the City Council. Commissioner Nelson asked where the original shed had been located. Mr. Wahlberg explained that it had been located at the rear of the house. Cornmissioner Nelson asked if it had been attached to the house. Mr. Wahlberg stated that it had been approximately four feet away from the house. Chair Erickson asked what size accessory structure the Code allows. Ms. Randall stated that the Code allows structures up to 728 square feet. Chair Erickson asked if this would be for a non- attached structure. Ms. Randall stated that this was correct. Cornmissioner Sand asked if Staff had discussed with the applicant the possibility of moving the addition to the rear of the lot in order to be within the setback requirements. Ms. Randall stated that Staff had only discussed the fact that the structure should not encroach the setback any further than the existing structure. Commissioner Sand asked where the front entrance to the house is located. Ms. Randall explained that the entrance is centrally located on the front of the home. e e e e ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 9RN=r Commissioner Sand asked if there was something regarding the nature of the backyard, which caused the home to be built at an angle. Mr. Wahlberg stated that there were a number of mature oak trees in the yard, some of which are close to the home. Chair Erickson asked if the trees would be in the way oflocating the structure in the backyard. Ms. Randall stated that they would not be. Chair Erickson asked if the addition would be used primarily as storage as opposed to garage space. Ms. Randall explained that there would be a garage door on the front of the structure and approximately one-half of the rear of the structure would be used for storage. The front half would be a one-stall garage. Commissioner Sand requested confirmation that there had been a previous case in which an applicant had an existing two-car garage and had wanted a third to store their snowmobiles. He noted the discussion had been raised whether a homeowner has an inherent right to a three-car garage. Chair Erickson confirmed that this issue had been discussed regarding a home that had side yard setback issues. Commissioner Sand confirmed that this case had been denied. Chair Erickson stated it had been denied as the Planning Commission and City Council had seen other options to the proposal. Chair Erickson asked Staff to point out where the closest adjacent home is located. Ms. Randall indicated the closest home on the map. Chair Erickson asked if the other homes along Arden Place meet the current 40-foot setback requirement. Ms. Randall stated that for the most part they do. Although, one home, directly to the east of the applicant's, appears to be slightly closer to the lot line due to its pie shaped lot. Commissioner Nelson asked how far back the houses to the north are from the lot line. Ms. Randall explained they are approximately 40 feet from the property line. Chair Erickson noted, according the Staff's research, the existing home was constructed according to the Ordinance at that time. The home is now non-conforming due to the change in the Ordinance. He asked if there had been cases establishing a precedence of allowing non- conforming additions so long as it would not increase the non-conformity. Ms. Randall stated there had been a recent case in which a deck was being converted into a three- season porch. The lot barely met the width requirement. Mr. Ringwald explained that there had been an existing structure, to which the addition was being attached. One condition the Planning Commission had made for the approval of this case was, if the existing structure were to burn down or be destroyed, the variance would no longer apply to the lot. The reason for this was the idea that the home could be relocated on the property to a location that would met the requirements of the Zoning Ordinance. Chair Erickson asked, since tonight's Planning Case was not a public hearing, who had been notified of the request. Ms. Randall stated that the adjacent property owner's had been notified. ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 , Chair Erickson asked if there had been any responses from the neighbors. Ms. Randall stated that there had not been. Commissioner Sand stated that the reason he would be opposed to this request was that the applicant currently has a two-car garage and the reason for the request was due to the loss of storage space. The requested space is not for a car; therefore, the structure could be located elsewhere in the yard for storage only. There would be no need for a variance for a garage since a garage is not needed. Chair Erickson asked if the existing garage functions as a two-car garage. Mr. Wahlberg explained that it functions more as a one and one-half car garage. In order to get one car out, the second car must be moved out first. He noted that there is a fireplace extending into the garage space, which reduces the width to only 16 feet. Chair Erickson stated that the Planning Commission had reviewed a number of single-car garage situations and the City had taken the position that this would be a hardship based on the future sale of the homes. He concurred with Commissioner Sand that if the addition is for storage, it could be located elsewhere on the lot. He noted however, that an 18-foot by 26-foot garage is barely a two-car garage by today's standards. Commissioner Nelson suggested, if all that is needed is storage, the structure could be built behind the existing garage. e Chair Erickson noted, since there are other locations for the garage or storage building, this defeats the definition of hardship. He stated it would be difficult to support the variance request. Chair Erickson asked if the applicant had considered other locations for the addition. Mr. Wahlberg explained that he had considered adding the structure to the rear of the existing garage. This would not be possible due to the slope of the roof of the existing garage. It would be difficult for the new roofline to conform to the existing roofline. He pointed out that there had been a lean-to carport in the proposed location of the addition. This carport had functioned as a parking area. Mr. Wahlberg then passed around a photograph to the Planning Commissioners that showed what the old carport looked like. Commissioner Nelson asked when the carport had been removed. Mr. Wahlberg stated that he had removed the structure last year due to rotting of the wood. Commissioner Sand asked if the carport had been considered an accessory structure. Mr. Ringwald stated that it had not been, since it was attached to the garage and part of the primary structure. Mr. Wahlberg pointed out, if the addition were located at the rear of the existing garage, it would block off windows on that side of the home. Chair Erickson asked why the roof for the proposed garage had been configured the way it had been. Ms. Randall explained that it had been designed to meet up with the existing roof1ine of the house. e . e e e ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT Mr. Wahlberg noted that the three-season porch slopes back and his desire had been for the new roof to conform to this slope. Chair Erickson asked if the three-season porch has a shed roof. Mr. Wahlberg stated that it does. Commissioner Sand moved, seconded by Commissioner Baker to recommend denial of Planning Case #98-30, Corner Side Yard Setback Variance (19 feet 9 inches proposed, when 40 feet is required) for an attached garage (storage space), based on the "Findings - Corner Side Yard Setback Variance (garage)" section of the Staff report dated February 3, 1999. Commissioner Sand noted the primary reasons for denial were that the original purpose was to regain lost storage space, the findings that the structure could be relocated elsewhere on the property in a code conforming location, and the absence of an undue hardship. The motion carried unanimously (5-0). This Planning Case will be reviewed at the Monday, February 22, 1999 City Council meeting. PLANNING CASE #98-36 - CITY OF ARDEN HILLS - ADULT USE ORDINANCE- PUBLIC HEARING Chair Erickson confirmed that the Planning Case was announced in the January 25, 1999, publication of the Bulletin. The public hearing was opened at 8:07 p.m. Mr. Ringwald explained that the City of Arden Hills requests that the Planning Commission recommend approval of Ordinance #311 which would establish specific regulations for Sexually Oriented Businesses. The existing Ordinance had been found to be inadequate in relation to the pressures occurring in the Metropolitan area. Staffhad felt an update would be appropriate as the City matures and these types of businesses wish to locate in areas such as Arden Hills. The City cannot regulate these businesses from locating in the City however; these businesses must compete, as others do, for existing areas within the community. The City Council had directed StafIto conduct a study and forward the conclusions of that study to the Planning Commission for its consideration. The Staffhad concluded that study and presented it, along with other studies, maps, diagrams, case reports and Ordinances from other cities, to the Planning Commission for discussion at its January 6, 1999, regular meeting. The Ordinance, in Section 3.01, limits the location of adult uses to those parts of the B-1 and B-4 Zoning Districts that are greater than 1,000 feet from any residential Zoning District. The licensing section of the Ordinance only allows the issuance of one license per building or parcel and that no more than three licenses be issued at anyone time. At the January 6, 1999, regular meeting, the Planning Commission had nine topical areas that it requested be examined in further detail by the Staff prior to the consideration of this topic at the public hearing. These areas were: ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAfT 1. Clustering. The Planning Commission asked whether these adult businesses should be clustered or dispersed within the Zoning District. The Ordinance would neither cluster nor disperse these uses. The Ordinance would allow for three licenses to be granted within the City. These licenses would need to meet the locational requirements of the Ordinance as well as not being located within the same building or on the same parcel as another license. The Staff would conclude that, given the limited amount of commercial land in the City, this would be the most appropriate solution to the clustering issue. 2. Day Care. The Planning Commission asked if day cares should be buffered and, if so, what would happen if one moved near an existing adult use. The Staff would conclude that only those uses that are occurring in the residential Zoning Districts should be buffered from these uses. Iflarge cornmercial day cares were to be buffered from these uses their location could negatively impact these uses to the point that none could occur in the City, which is not permissible. 3. B-1 Zoning at Bethel College. The Planning Cormnission asked, if the B-1 zoning designation was eliminated from this Ordinance, would enough land be available to meet the necessary legal requirements. Based on the conclusions of the Crystal case that 5% of the land would be allowable, the City Attorney believes that the B-1 Zoning District could be eliminated from the available Zoning Districts for these uses and withstand judicial scrutiny. The remaining area for these uses would then be the B-4 Zoning District. The B-4 Zoning District makes available to these uses greater than six percent of the cornmercially zoned land in the City. Additionally, it is important to note that the City of Arden Hills is, for the most part, a residential community with very little land available for any type of commercial activities. 4. Regulating Number and Cost of License. The Planning Commission asked if the number and cost of the licenses for these uses could be managed. The number oflicenses is being proposed to be limited to three licenses for the entire City. The cost of licenses will be set by the City Council so that the expenses incurred by the City for background investigations would be adequately covered. The cost of these investigations can run between $1,000 to $10,000 per year and will be determine through discussions with the Ramsey County Sheriff Department. The cost of the license should not be included in the Ordinance. The cost should be set by a resolution at the beginning of each year. 5. Adult Use Mini-Mall. The Planning Commission asked whether an adult use mini-mall would be a desirable land use. The Staff would conclude that it would not be an appropriate land use. Therefore, the Ordinance would allow for the issuance of only one license to an individual building or parcel. 6. Definition Consistency. The Planning Cormnission asked Staff to compare the proposed definitions in the Ordinance to those definitions used in other city's Ordinances, particularly Crystal's and St. Paul's. The City Attorney has reviewed the definitions to ensure consistency. 7. Buffering by Zoning District versus Distance. The Planning Cormnission asked if buffering by zone or by distance was more effective. The Staff would conclude that buffering by using both is most appropriate for the City. The Staff concluded through its . e e e e e e ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAEL research that these uses should be in specific zone(s) and that they should be a certain distance (ie., 1,000 feet) away from sensitive land uses such as single family homes, parks, schools, churches, etc. 8. Review of Financial Records. The Planning Commission asked if the City could require businesses that it thought required a license to do so and should this be a requirement in the Ordinance. The Staff would conclude that the City would, assuming reasonable evidence, get a court order to obtain these documents. Whether it was or was not in the Code, if a business decided not to cooperate, the City would still be going to court to get the documents. 9. Leasing and Ownership Information on License Application. The Planning Cornmission had asked if the leasing and ownership information would be required as part of the license application. If the Planning Commission believes that this would be useful information, then it could be added to Section 3.05, c, of the Ordinance. Mr. Ringwald stated that the Staff finds the characteristics of Arden Hills are substantially similar to those of the cities cited by the Report when considering the affects of adult uses. The Staff finds, based upon the Report and the studies cited therein, that adult uses may have adverse secondary affects upon certain pre-existing land uses within the City, and that the public health, safety, and general welfare will be promoted if the City adopts regulations regarding adult uses. The adverse secondary affects tend to diminish if adult uses in the City are regulated by locational and licensing requirements. It is not the intent of the Staff to prohibit adult uses from having a reasonable opportunity to locate within the City; The City's current Zoning Ordinance does not address such adult uses, which have been found by other municipalities to cause similar adverse secondary affects. Specifically, the City Council is concerned that the City's Zoning Ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended. In addition to the proper zoning classifications of such uses, there is a number of significant planning and land use issues pertaining to the regulation of such uses, including but not limited to: 1. The particular Zoning Districts in which such uses should be allowed as either permitted or conditional uses. 2. The concentration and density of such uses in the City and its neighborhoods. 3. The affects of such uses on other uses in the surrounding area. Mr. Ringwald advised that, based on the evidence and findings in this and other previously supplied reports related to the effects that Sexually Oriented Businesses would have on the City of Arden Hills, the Staff recommends approval of the Ordinance #311. If the Planning Commission makes a recommendation on this Planning Case, it would be heard at the Monday, February 22,1999, regular meeting of the City Council. ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 8 Mr. Ringwald noted that, pursuant to Section VIII, D, I, b of the Zoning Ordinance a "...four - fifths (4/5's) majority of the full Council is required for action to amend the Zoning Ordinance. .. In the event an application for amendment is approved, an appropriate amending Ordinance shall be executed and published." Chair Erickson closed the public hearing at 8:25 p.m., as no one wished to address the Planning Commission. Commissioner Sand complimented Staff on their accumulation of the necessary background information the Commission needed in order to make a decision. Chair Erickson referred to the B-1 Zoning District of Bethel College. He stated that, based on the legal precedence of limiting the area and specifying Zoning Districts, it would make sense to eliminate the B-1 Zoning District from the Ordinance providing the B-4 zoning District meets the standards of the test of the amount ofland available. Mr. Ringwald noted that, with regard to future rezonings, the City must always consider what any worst case scenario could be, regardless of the zoning district involved. It will be the responsibility of Staff, the Planning Commission, and the City Council to carefully evaluate any future rezonings. Commissioner Nelson referred to issue # I, Clustering, and asked if limiting the number of licenses to three would be better than requiring a certain distance between the businesses. Mr. e Ringwald explained that limiting the number oflicenses makes the issue easier to deal with due to the limited amount of available business district areas that the City has, based on the large extent of residential areas within the City. If there were a minimum setback between the uses, the available area would be eliminated so quickly that it was Staff's opinion that it would be problematic to establish a minimum setback. Commissioner Nelson referred to issue #3, B-1 Zoning at Bethel College, and stated that he would prefer the uses be limited to the B-4 Zoning District, since this area is larger than the area allowed in Crystal. He asked if there were other cities which allowed less than six percent of land for these uses. Mr. Ringwald stated that Staff is only aware of the Crystal situation because it had been challenged and upheld in court. He indicated that Crystal's Ordinance dealt with the large extent of single family homes within the cornmunity and small business district, which is similar to Arden Hills. Commissioner Nelson asked if Staff would recornmend limiting the uses strictly to the B-4 Zoning District. Mr. Ringwald stated that Staff would. Commissioner Nelson referred to the review of fmancial records and asked if it would be helpful to include this requirement in the Ordinance. Mr. Ringwald stated that Staff felt it would not. Most businesses would not be willing to give up their financial records to a governmental entity and have this information become public information to their competitors. Mr. Miller pointed _ out, another reason for not including this requirement was that the definition for adult uses is .. quite broad. If a store were to sell a few off-color greeting cards, it could fall under the definition of adult use and therefore would have to turn over its financial records to the City. e e e ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 9 Commissioner Nelson asked if this was the reason for the conclusions of issue #9, Leasing and Ownership Information. Mr. Ringwald stated that it was not. He indicated that he had not been sure what the intent of the Planning Commission had been. He noted that the City would be obt~g the name of a property owner during the application process. Commissioner Sand noted that the initial definition of an adult use is that the business derives 25 percent of its gross monthly receipts or devotes 25 percent of its floor area to adult uses. He asked how the 25 percent figure had been established. Mr. Miller stated that this limitation had come from other Ordinances. Commissioner Sand wondered what would happen if a business attempted to avoid being regulated by this Ordinance by devoting less than 25 percent of its floor space or gross receipts to adult uses. For example a gas station which may decide to have a magazine rack, selling adult magazines, which involves only 10 percent of floor space. He asked if, under this Ordinance this would be allowable. Mr. Ringwald stated that it would be. Commissioner Sand asked if there were other Ordinances within the City which would control this type of situation. Mr. Ringwald stated that there was not. He stated that the 25 percent limitation is the standard and he would not recommend lowering this limit without a rational reason or further analysis. Commissioner Sand stated that he does not disagree with the percentage as it had been set according to factual experience and case studies. He stated that he had posed the issue so if it were to come up, residents would be aware of why this is allowed. Mr. Ringwald noted a good example of this situation would be a video store. He indicated that most video stores have a small section devoted to adult movies and these are generally not regulated. Mr. Miller noted that the process of regulating adult uses is currently evolving and it would be difficult to determine what requirements would be upheld by the Courts. He indicated that Commissioner Sand's example of a gas station would most likely fall under the adult bookstore regulation portion of the Ordinance. Commissioner Sand commented that, given the recent events in White Bear Lake, this Ordinance is needed. Commissioner Duchenes referred to Sections 3.05, c, 6; 3.06, b; and 3.15 of the Ordinance and noted there were references to corporation and partnership applicants. She suggested changing this to corporations, Limited Liability Company and other business entities since there are so many different forms of business entities. Mr. Ringwald surmnarized the comments made by the Planning Commission to the Ordinance. He confirmed that the Planning Commission agrees with Staffs comments regarding: clustering and \lay cares; eliminating the B-1 Zoning District; all the comments and suggestions regarding issues number four through eight; and include issue number nine, leasing and ownership information, in the application. He also confirmed the expansion of Sections 3.05, c, 6; 3.06, b; and 3.15 to include all corporations, persons, etc. ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 10 Commissioner Nelson moved, seconded by Commissioner Sand to recornmend approval .- of Planning Case #98-36, City of Arden Hills, Adult Use Ordinance #311 with the .. following modifications: 1. Section 3.01, only allowing the uses in the B-4 zoning District. 2. Sections 3.05, c, 6; 3.06, b; and 3.15 to include all corporations, limited partnerships and other business entities. The motion carried unanimously (5-0). This Planning Case will be reviewed at the Monday, Febrnary 22, 1999 City Council meeting. PLANNING CASE #98-33 - JOSEPHINE EAST LLC - 3183 AND 3171 LEXINGTON AVENUE - PRELIMINARY PLAT AND VARIANCE - PUBLIC HEARING Chair Erickson confirmed the Planning Case was announced in the January 25,1999, publication of the Bulletin. The public hearing was opened at 8:42 p.m. Ms. Randall explained that the applicant was requesting approval of a preliminary plat consisting of five lots on a 2.47 acre parcel zoned R-2 Single Family Residential District. The request also includes variances for: lot width 80 feet is provided where 85 feet is required for lots 1, 2, 4; lot _ width 60 feet is provided where 85 feet is required for lot 5; road width of 50 feet is provided .. where 60 feet is required; and private drives servicing lots 4 and 5. In 1992 the City of Arden Hills conducted a study of this area. The purpose of this study was: 1. To establish and protect appropriate aligmnents for future streets in this area. 2. To guide land owners in dividing and developing their properties regardless of neighboring owners' timing. 3. To inform present residents of potential future streets. 4. To guide the City in making decisions regarding platting and street locations. 5. To protect the City and landowners from development that will restrict future desirable options. 6. To establish a street pattern that will optimize development potential of all underdeveloped land in the neighborhood. In July of 1993, the City Council amended the Official Map of the Transportation Plan of the City's Comprehensive Plan indicating that the connection of Shoreline Lane would be via a straight through aligmnent. e .. e e e ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAEI.u. The City Attorney had provided the City with guidance dealing with the portions of Shoreline Lane that exist outside of the plat boundaries but are affected by the request. The proposed plan extends Shoreline Lane as shown in the Official Map; however, the configuration is modified. The parcel under consideration in this request recently had two homes demolished due to their dilapidated state. The City still has ongoing code enforcement issues related to a tuck-under garage, a boathouse, and wells on this parcel. Staffhad received letters from Albert and Helen Hohmman, 3134 Shoreline Lane, Thomas and Elizabeth LaNasa, 3153 Shoreline Lane and David and Dianne Rushenberg, 3168 Shoreline Lane, who are in opposition to Shoreline Lane being extended through this property. With regard to plat design, Ms. Randall explained that Lot 1 does not meet the required lot width. The lot width is proposed at 80 feet where 85 feet is required. The lot exceeds all other code requirements in terms oflot depth and area. The plan adopted by the City Council shows Lot 1 as being split into two parcels. Lot 2 is proposed at 80 feet wide where 85 feet is required. The plan adopted by the City Council shows Lot 2 as being split into two parcels. Lot 3 exceeds all code requirements in terms oflot width, depth, and area, but does not conform to the adopted plan for the area. There is an existing tuck under garage on proposed Lot 3. The Zoning Ordinance requires a principal structure to be constructed prior to the construction of an accessory structure. The City and the property owner entered into an agreement on September 26, 1998, related to various code enforcement matters on this property. The property owner had agreed to remove the structure prior to November 25, 1998, and it is still standing. Lot 4 is proposed at 80 feet wide where 85 feet is required. The Subdivision Ordinance requires all lots to abut by their full frontage on a publicly dedicated street. Lot 4 does not comply with this reqnirement. The proposal shows a 10- foot easement for a driveway along the north property line of Lot 3 and an additional10-foot easement on the property to the north. The applicant has not provided any documentation that the property owner to the north agrees with the proposed easement and, even if that were provided, the Staff would conclude that the lot should front and have direct access onto Shoreline Lane. Lot 5 is subject to the same width deficiency and lack of access. The lots in the neighboring area average 17,363 square feet in area, and range in size from 4,995 square feet to 71,916 square feet. The size of the lots in this preliminary plat have an average size of 19,784 square feet and range in size from 15,000 square feet to 25,600 square feet. The lots in the neighboring area have lot widths that range from 45 feet to 149 feet. Currently the property is accessed from Lexington Avenue. The proposal would extend Shoreline Lane through the property connecting the two dead-end streets, per City Council direction of July, 1993. Currently, two homes to the north utilize a driveway that crosses through the property. Staff is not aware of any recorded easements for this driveway that would perfect this property owner's rights to the driveway. The proposed building pads, sediment and erosion control measures to be used in the development of this property have not been included with the preliminary plat. Given that the property has slopes towards the lake, there exists a potential for sediment and erosion control ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 12 problems into Lake Josephine. Therefore, the Staff concludes that the grading and sediment and _ erosion control measures that are proposed to be used on this project need to be identified and .- provided. Additionally, the plat requires the approval of the Rice Creek Watershed District. The Rice Creek Watershed District may have additional requirements for this development that are yet identified, such as a holding pond for the new street, wetland delineation's, etc. The preliminary plat identifies the significant existing vegetation on the property. The proposed building pads, which would be used in the development of this property, have not been included. However, building pads in the general area for the houses that were removed on lots four and five would have little impact on vegetation. Lot one has the most significant vegetation that may be affected. The water and sanitary sewer to serve this preliminary plat run through the parcel. The preliminary plat does not contain the proposed utility plan for the proposal. The Staff would recornmend the applicant supply a proposed utility plan, for approval by City Staff, prior to the final plat. The Federal Emergency Management Agency flood hazard map for Arden Hills identifies the flood plain elevation for Lake Josephine at 886 feet. It is the Staff's recornmendation that the basement elevations for this plat not be constructed below an elevation of887.8 feet. The preliminary plat provides for no dedication of parkland. The Parks and Trails map from the _ Comprehensive Plan does not show a need for a park on this site. Therefore, the Staff is .. recommending payment of a park dedication fee in-lieu of the dedication of parkland. As previously mentioned, the City has an on-going code enforcement issue with this property. The garage and boathouse have been determined to be dangerous structures by the City Council. The property also contains uncapped wells. Lastly, erosion control measures which should have been in place prior to the demolition of the two homes was not put in place and still have not been installed. The failure to install the erosion and control measures could have negative water quality impacts on Lake Josephine in the spring run-off season. The plat approval should not proceed beyond preliminary plat until these previous obligations are met. The Subdivision Ordinance of the City Code discusses the grounds for granting a variance from the subdivision regulations. The Staff would find that the applicant has not demonstrated that any special circumstances or conditions affect this property. With regard to the access variance, the Staff would find that there would be other options which would not require easements for access and would allow access off of Lexington Avenue or Shoreline Lane. The ouly possible difficulty would be the low area oflot three. Ms. Randall advised that the Staff recommends that Planning Case 98-33, preliminary plat including the variances for: lot width 80 feet is provided where 85 feet is required for Lots 1,2, 4; lot width 60 feet is provided where 85 feet is required for Lot 5; road width of 50 feet if provided where 60 feet is required; and private drives servicing Lots 4 and 5, be denied, based on the "Finding of the Variance" section of the Staff report dated February 3, 1999. If the Planning Con1rnission makes a recornmendation on this Planning Case, it would be heard at the Monday, Febrnary 22, 1999, regular meeting of the City Council. e e e e ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 13 Mr. Frank Rekuski, 3170 Hamline Avenue, stated he lives in Arden Hills and is one of the developers. He indicated a plan had originally been submitted to the City with a cul-de-sac. The City. Staff had informed him that the cul-de-sac would not be recornmended for approval as the Official Map provides for the direct connection of Shoreline Lane through the area. New plans had been drawn up with the road extending through. He had hoped that both sets of plans would have been made available for this meeting, however they were not. Mr. Rekuski pointed out that six years ago the City did not want the road to go through and now it does. He indicated that the citizens attending the public hearing were there to protest the road being extended. He suggested a cul-de-sac would be a much better solution. Mr. Rekuski's attorney, Mr. Robert Miller, 9405 36th Avenue North, New Hope, suggested that prior to addressing much of Staff's concerns, it may be proper procedure to address the issue of whether or not Shoreline Lane should be a cul-de-sac or a through street. He indicated the neighbors all want a cul-de-sac. If the City and the neighborhood want a cul-de-sac, it could be designed as originally proposed. If the City requires Shoreline Lane to be a through street the plat must be designed differently. Mr. Robert Miller requested the public hearing be postponed until the March 3, 1999, regular Planning Commission meeting. This would allow time to discuss the issues of concern by the City Staff. If the attitude is that no variances will be granted, the project cannot move forward. The 160-foot length of property, north to south, is an existing situation. Two homes had previously been located on the property and the proposal would not change the layout of the lots significantly. If the development were allowed to proceed, with five homes on the over two acres, the development would be compatible with the neighborhood. If the discussions this evening were limited to the issue of a cul-de-sac, and the Planning Commission and Staff provided a recommendation as to the design of the road, the proposal could be brought back in March. At that time the issues of variances and watershed information, etc., could be addressed. Chair Erickson noted that the public hearing was open. He indicated that he was inclined to open the meeting up to public cornments then close the public hearing. Then the Planning Commission could make its recornmendation. He pointed out that, if the applicant withdrew his proposal, it could be brought back in one month. If the plat were recommended for denial, the applicant must wait six months for it to be reconsidered. Mr. Ringwald pointed out that the public hearing is regarding a preliminary plat, not changing the Official Map. If the applicant wishes to submit an amendment to the Official Map, they should withdraw their current request, then apply to change the Official Map and when that is decided, apply for preliminary plat approval that is consistent with the Official Map. Chair Erickson asked if the Official Map depicts the road as a through road. Mr. Ringwald stated that it does. He explained that action had been taken by the City Council in July, 1993, to adopt the realignment. If the applicant wishes to deviate from this realignment, the Official Map should be amended. Mr. Ringwald suggested the issue of changing the Official Map should be discussed at the March 3, 1999, Planning Commission meeting as this was not the issue of the public hearing ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAF 14 Mr. Robert Miller recornmended that his client withdraw the proposal and address the Official Map issue to which the applicant concurred. He suggested, since there were public in attendance, they be allowed to express their opinions in order to understand their preference in the road aligmnent. He stated that the Official Map runs counter to the preferences of the neighborhood. He asked, if the issue to change the Official Map were added to the March 3, 1999, meeting, would the neighborhood be notified. Mr. Ringwald stated that they would be. e Mr. Robert Miller stated that the road aligmnent issue must be resolved prior to moving forward with the plat. Chair Erickson noted that the neighborhood response is clear, according to the letters received, that they oppose the road being a through street. Mr. Robert Miller reiterated his request to withdraw the Planning Case and for it to be brought back to the Planning Commission in March. Chair Erickson and the Cormnissioners agreed. Chair Erickson closed the public hearing at 9:04 p.m. Chair Erickson acknowledged that the applicant had withdrawn his application for Planning Case #98-~3, Preliminary Plat, 3183 and 3171 Lexington Avenue. The Planning Commission called a break at 9:06 p.m. and the meeting reconvened at 9: 1 0 p.m. e PLANNING CASE #98-37 - THOMAS DELICH - 3403 LAKE JOHANNA BOULEVARD -VARIANCE Ms. Randall explained that the applicant was requesting approval of a side yard setback variance (5 feet 1 inches proposed, when 10 feet is reqnired) and a front yard setback variance (30 feet proposed, when 40 feet is required) for a house addition on a single family lot zoned R-1. The applicant currently has an 18-foot by 20-foot, two level home with one bedroom, bathroom, kitchen and living room. The existing home is set very close to the Lake Johanna Boulevard right-of-way. The entire existing house is located within the required front yard setback. The deck on the front of the house is four feet from the Lake Johanna Boulevard right-of-way line and the house is ten feet from the right-of-way line, when 40 feet is required. The house is approximately five feet from both side yards, when ten feet is required on one of the side yards. The applicant was proposing an 18-foot by 20-foot, two level addition to the rear of the home. The applicant has evaluated other locations for the addition, however, they believe that this location is the only area they can add to the home with minimum impact to the lot. The proposed home, at 1,440 square feet, is a reasonable size home for the neighborhood in which it is located and modest for the community that it is located in. However, the basic _ question in this request is not whether the home is reasonably sized. The question is, given the .. extent to which the home is being modified, should the entire house be made to meet the current setback requirements. Staffs primary concern would be for the ability of the property owner to e e e ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 15 build additional structure in the buildable area without being required to gain approval by the City: The Staff would conclude that the following findings relate to the requested front and side yard setback variance: 1. Circumstances Unique to the Property. The property in question is extremely deficient in lot width for the R-2 Zoning District. The parcel has between 27 to 29 feet in width, excluding the lake portion of the lot. 2. Minimization of Request. The applicant has narrowed the width of the proposed house addition, at the Staff's request, so as to provide for a five-foot setback on both sides of the home to protect the adjacent public's health, safety, and welfare. 3. A variance would allow a condition that is not consistent with the surrounding development. The proposed addition would allow this property to have a structure similarly sized to adjacent properties. However, based on the property's existing frontyard setback and the additional buildable area to its rear which other properties in the area to do not have available to them. If the variance requests are approved as submitted, the homeowner could then continue to build out the house to the west as long as they met the side and rear yard setbacks. Ms. Randall advised that the Staff recommends denial of Planning Case #98-37, side yard setback variance (5 feet 1 inches proposed, when 10 feet is required) and a front yard setback variance (30 feet proposed, when 40 feet is required) for a house addition, based on the "Findings - Front and Side Yard Setback Variance" section of the Staff report dated February 3, 1999. If the Planning Commission makes a recommendation on this Planning Case, it would be heard at the Monday, February 22, 1999, regular meeting of the City Council. Chair Erickson asked Staff if any comments were received from the neighbors regarding this variance request. Ms. Randall stated a letter had been received from the property owner to the north, Mr. William Stophlet, 3407 Lake Johanna Boulevard. Mr. Stophlet indicated in his letter that he had no objections to the setback variance and that he welcomes the improvement to the property. Chair Erickson asked if adding on to a non-conforming home is the reason for the front yard setback variance. Ms. Randall stated that this was correct. Chair Erickson requested confirmation that any addition to the home would require.a front yard setback variance, even if it were to meet the side yard setbacks. Ms. Randall stated that this was correct. Chair Erickson requested further explanation of the proposed five-foot side yard setbacks. Ms. Randall explained that in previous Planning Case considerations, Staffhad required a minimum setback of five feet in order to allow access between the properties. ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 16 Chair Erickson asked if, even though the applicant had modified the previous proposal to _ provide minimal sideyard setbacks, Staffis recommending denial because the proposal would .. not meet the current setback as currently mandated. Ms. Randall stated that this was correct. Chair Erickson asked if there were any proposed changes to the front of the home. Ms. Randall stated that she was not aware of any. Chair Erickson requested further explanation of the Staff's concern regarding the buildable area behind the proposed addition. Ms. Randall explained that if the variance were granted, any additions proposed to the home in the buildable area would be allowed without prior approval or variances. Chair Erickson asked why the buildable area shows the five-foot setback to the south only. Ms. Randall explained that the five-foot minimum setback could be on either the south or the north side of the property. The Code requires at least a five-foot minimum, with a 15-foot total setback. The buildable area could shift to either side so long as it maintains a minimum five-foot setback on one side and a ten-foot setback on the other, or it could be centered with seven and one-halffeet on both sides. Commissioner Nelson asked if, in past variance approvals, the Planning Commission had required that any additional changes be brought back to the Cornmission for approval. Mr. Ringwald stated that, in this instance, the concern is regarding the buildable area. The primary issue is whether the findings are based on what is being proposed, or if the variance would still e be valid for any future development. The Staff must consider what would happen if the home were to burn down. The variance would be for a structure, which could not be rebuilt in its original location. Commissioner Sand requested confirmation that, if the variance were granted and the entire house burnt down, the area of the existing home could not be built upon again becanse the variance is not for that portion. Mr. Ringwald stated that was correct. Commissioner Sand asked if, with the variance, the structure could be rebuilt in the proposed building area. Mr. Ringwald stated this would be correct if there were no conditions stating that it could not be. Mr. Ringwald reiterated that the basic issue is whether or not the proposed addition would be in an appropriate location. The addition itself would create a reasonably sized home, however, regardless of who owns the home, any further additions within the buildable area would not require prior approval. There may be the possibility of the homeowner wanting more bedrooms, bathrooms, deck, or a garage in the future. Since the square footage of the addition itself is reasonable, the issue to determine is whether or not the location of the home be rectified now, or later. Commissioner Duchenes suggested that the homeowners consider building up, as many of the homeowners around the lake have done. Chair Erickson noted that there had been a home, which did not meet the setback requirements e which was permitted to build up through a building permit. Mr. Ringwald stated that this was due to the fact that the footprint of the home had not changed. Providing the existing structure would support an addition, it would be allowable since it would not create additional , e e e ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 17 encroachments on the setbacks. He pointed out that an upstairs addition to the applicant's current structure would add only 360 additional square feet for a total of 1,080 square feet. The applicants were hoping to achieve a total square footage of 1,440 square feet. Commissioner Baker stated that he had a problem with intensifYing the variance requirements on the property. It was his understanding that non-conformities were expected to go away over time. If this expansion is allowed it would be adding to the non-conformity, which may not serve the neighborhood. Commissioner Baker noted, however, the buildable area would have a restricted width of only 12.5 feet of buildable space. Chair Erickson asked if any of the buildable area is in contact with the current home. Ms. Randall indicated that it was not. Cornmissioner Nelson asked if the homes to the north of the applicant's propertY meet the setback requirements. Ms. Randall stated that generally they meet the frontyard setback requirement . Commissioner Nelson asked if the Staff had discussed other options with the applicants. Ms. Randall indicated that there were not many other options available. She stated that she had discussed how to maintain the five-foot minimum set back, not how to build the structure. Commissioner Nelson expressed his concem for the ability to continue into the buildable area. If the existing structure were removed and the entire home were moved back into the buildable area there would still be a concern for how far the structure could be continued. Ms. Randall agreed and noted this would be a similar issue with the adjacent lots. Commissioner Nelson asked if the applicant had a plan for a garage. Mr. Delich stated that they do not and that they would be willing to sign an agreement to ensure they could not build a garage. Mr. Delich indicated that they had considered an upstairs addition, however it was not feasible due to the location of the current stairwells. He noted that the home has a strong foundation and there would be no reason to tear the home down. He stated that they would also be willing to sign an agreement that they could not bnild any future additions to the rear of the home. Commissioner Nelson asked if the Planning Cornmission could require such an agreement be made. Commissioner Sand noted, if the homeowner has the right to build in the buildable area it would be difficult to wave that right. Commissioner Nelson noted that such an agreement would not be transferable to a new owner. Mr. Delich reiterated that he would prefer not to destroy the current home since it is a nice structure. Additionally, the width of the buildable area would substantially limit the width of a new home. Commissioner Sand asked if the applicants had considered attempting to purchase the property to the south. Mr. Delich indicated that this propertY owner had approached them about buying their ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 18 . property. Commissioner Sand asked if any comments had been received from this property .- owner. Mr. Delich indicated that the property owner had been in support of the variance. She .. had indicated to Mr. Delich that she too had been required to request a variance for a garage as her property has similar hardships. Commissioner Sand noted that normally the applicant for a variance is the owner of the property. He pointed out that the plat map indicates a Mr. Theodore Herrick is the property owner. He asked, if the applicants are not technically the legal property owners, can they request the variance. Mr. Ringwald stated that this would be allowed providing the applicant had the property owner's permission. Mr. Delich stated that they do own the home. It had been a recent purchase and the paperwork had not yet been updated. Mr. Ringwald pointed out that it would not be unusual for a purchase agreement be subject to the City granting a variance. Commissioner Sand referred to the "Other Zoning Ordinance Requirements" section of the Staff report. He noted paragraph number two states, "The variance shall not be contrary to the intent and purpose of the Comprehensive Plan,..." and asked if it is a goal of the Comprehensive Plan to realign the property lines in the area. Mr. Ringwald stated that it was not. Cornmissioner Baker moved, seconded by Commissioner Nelson to recornmend denial of e Planning Case #98-37, Side Yard Setback Variance (5 feet 1 inches proposed, when 10 feet is required) and a Front Yard Setback Variance (30 feet proposed, when 40 feet is required) for a house addition, based on the "Findings - Front and Side Yard Setback Variance" section of the Staffreport dated February 3,1999 Mrs. Delich asked if the Planning Commission could suggest any possible alternatives. Chair Erickson asked what the status is of the public alley. Cornmissioner Sand noted that it runs along the south edge of the neighboring property and asked if the applicant's property is accessed by the alley, as well as the southerly neighbor's house. Mr. Ringwald stated that it does. Chair Erickson asked if the alley could be vacated. Mr. Ringwald stated it could not be since four homes use the alley for access. Commissioner Sand concurred and noted that two of the accesses could be adjusted to Fairview Avenue, however the other two could not. Chair Erickson stated, in response to Mrs. Delich's question, the only other alternative which seems reasonable would be to redesign a new home which would require a variance on the north side. The existing home is so non-conforming with its setbacks that a new home would be more consistent with the existing conditions. Mr. Ringwald referred to paragraph two of the "Findings Section" of the Staff report. He stated _ that the Planning Commission and the City Council have been consistent in maintaining at least _ the five-foot setback in order to allow access around the properties or the installation of utilities. If the new home were built within these parameters it would be an improvement. ., e e e ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 19 Chair Erickson concurred that building a new home in the buildable area, with a variance to the north, would fall more within the guidelines of granting a variance. He noted it may be difficult to desigu a home within the parameters; however, it could be done. Commissioner Sand pointed out that this would be assuming the applicants were granted the variance to the north. Chair Erickson noted that a variance could not be granted with out a proposal. He indicated that this may require the applicants to rethink their financial plan. He stated that the Commission did not wish to inhibit improvements to the property; however, consistencies need to be maintained. Mr. Delich pointed out that the alley, which runs along the buildable area on the property, is very steep. If a new home were to be built in the buildable area, it would be a difficult challenge. For this reason they had not considered relocating the home to the buildable area. He stated that all they want is a livable home and they had been hoping to prove their hardship. Commissioner Nelson stated that he understands the applicant's desire to own a livable home. He pointed out that the motion made by the Planning Commission is a recommendation to the City Council and the City Council would be making the final decision. Mr. Delich asked if additional information regarding the alley should be included in the presentation to the City Council. Mr. Ringwald suggested he present this information to the Staff in order to properly prepare the proposal for the City Council. He suggested that if more time is needed to prepare the proposal, the review by the City Council could be moved out to a later date. Chair Erickson noted that the Planning Commission is a recommending body to the City Council. The task of the Commission is to review a proposal based on the Ordinance and ensure its consistency. The Planning Commission must make their decision based on the findings made by the City Staff. Other extenuating circumstances can and would be considered by the City Council. He encouraged the applicants to present their proposal to the City Council and to inc1t!de any additional information they feel may help their case. Mr. Delich asked if the City Council will have the recommendation information from the Planning Commission at the meeting. Mr. Ringwald explained that the City Council would receive a copy of the Staff report and a copy ofthe minutes from this meeting. He also pointed out that a Council Liaison attends the Planning Commission meetings in order to report back to the City Council. He suggested that the applicant speak with Ms. Randall in order to determine what information should be included and the amount of time needed to prepare the information. Commissioner Duchenes commented that this case is one which is easy to be sympathetic towards. However, there are other homeowners in similar situations and the Planning Commission must consider the affects this case may have on any future request and the possibility of perpetuating non-conformity. She stated that her primary concern is of a precedence being set. Commissioner Sand pointed out that, although he concurs with Commissioner Duchenes, the applicant's are new to the City and are attempting to improve their property. The City is constrained by the limitations of its Ordinances. He suggested, with some planning, that the applicants may be able to redesign a new home which may have more value than the home being ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 20 . proposed. He echoed the concerns of Commissioner Duchenes that the Planning Commission - must be careful about granting a variance for such a non-conforming situation. The current home .. is not in any way located in the current buildable area. A future plan to build within the buildable footprint would be better, not only to gain easier approval by the Planning Commission and the City Council, but also to improve the value of the property. The motion carried unanimously (5-0). This Planning Case will be reviewed at the Monday, Febrnary 22, 1999 City Council meeting. COUNCIL REPORT Councilmember Rern stated that the Fox 29 tower issue is still pending. She asked Mr. Ringwald to provide an update on this issue. Mr. Ringwald explained that Fox 29 did not meet their application deadline for March. Because of this, the earliest they could be presenting their application would be in April. Commissioner Sand asked if Fox 29 was still considering constructing the tower on the Twin Cities Army Anununition Plant (TCAAP) property. Mr. Ringwald stated that, although they are still considering TCAAP, they have shown a preference for the Vaughn site. Commissioner Baker asked how much impact the proposed tower would have on the new trail system. Mr. Ringwald stated that this is one issue that will need to be considered. Ice buildup on the tower would be another of the many issues to consider. e Chair Erickson asked what is being proposed. Mr. Ringwald stated that a 1 ,500-foot tower is being proposed to replace the 750-foot tower. Commissioner Nelson asked if the tower would be approved prior to an EA W. Mr. Ringwald explained that the application would go to the Planning Commission and the Commission would direct an EA W be conducted on the project. Chair Erickson asked if the City of Arden Hills has an Ordinance, which limits the height of towers. Mr. Ringwald stated there is an Ordinance; however, the applicant can request a variance. He noted that Senator Grams was asked to write to the FCC in behalf of the City for direction. The FCC had indicated that this was a local zoning issue and that, ifthe City can find adverse public health issues, the application could be denied. Commissioner Sand stated that he would prefer that the tower be added to the existing tower, rather than a new one be built on the highest point in Ramsey County. Mr. Ringwald stated that initially it would appear that the Shoreview site would be a superior location. Commissioner Sand asked if there is room for more towers in Shoreview. Mr. Ringwald stated that there are. He noted the decision of where to locate the tower is a competitive issue on the part of the television station. e Councilmember Rem noted that this issue had taken up much of the Council's Worksession time. . e e e ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 21 Councihnember Rem stated that the Town Hall meeting was held in January and noted that the Planning Commission did not get much public recognition. She stated that the meeting went well and that it was the lowest attendance in the last three years. Councihnember Rem stated that, at the last City Council meeting, the Council upheld the Planning Commission's recommendation to approve Planning Case 98-35. Councihnember Rem stated that abatement proceedings were advancing on 1875 Lake Lane. Councihnember Rem stated that the City Council voted to delay action on the Round Lake Road improvements; however, reconstruction of the intersection will proceed. A decision on whether or not to construct a median in the road had not been made and will be postponed until a later date. Commissioner Nelson asked if only the intersection can be constructed without completing the remainder of the road. Mr. Ringwald stated that it could be. The remaining portion of the road does not need to be improved until there are more businesses to justify it. Councihnember Rem agreed and noted the discussion had been whether the City needs a good road in order to bring in more businesses, or, should the City wait and see if there are sufficient businesses locating at the end of the road to justify improvement. Councihnember Rem stated there are more negotiations going on regarding the railroad easement at the end of Round Lake Road and the railroad bridge connecting the trails to New Brighton. Councihnember Rem stated that the City Council approved the trail section on County Road F to be completed this summer. There is still a design question regarding whether the trail will be on the north or the south side of the road. The State will be installing a traffic signal at the intersection at HamJine Avenue, which may cause safety issues for the trail location. Councihnember Rem stated that the Bethel Park at the end of Chatham Avenue is in the early proposal stage. At the last Parks and Recreation meeting there had not been any firm engineering studies available from the College. The Parks and Recreation Commission voted to forward the issue to the City Council for further consideration. The concern of the Parks and Recreation Commission is for the City not to spend the entire Parks and Recreation budget for five years on the Bethel project. There had been a concern that Bethel College would want to begin construction this spring. Chair Erickson asked if Bethel College had a proposal for what they would plan to construct. Mr. Ringwald indicated that Bethel College had a conceptual idea. The initial proposal was for one softball field, one stand-alone soccer field, and one soccer field over the outfield of the baseball field, a tennis court and a parking lot. Chair Erickson asked what were the concerns of the Parks and Recreation Commission regarding the park. Councihnember Rem stated that, at this point, neither side is discussing the cost. She indicated that the primary issue is to get the civil engineering studies, which would show how much ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 22 . leveling and raising would have to be done due to the wetlands. The current plan is simply an - overlay on the existing topography without considering the nuances of the terrain. She indicated .. at this point the College has no idea how much the project would cost. Mr. Ringwald stated that the College has some idea of the cost, however there are no firm engineering studies. The process at this point would be to complete the studies and discuss the issue with the neighborhood residents and all other parities involved to determine if the project would be worthwhile. Chair Erickson asked if Bethel College would build the park and have the City maintain it. Mr. Ringwald explained that Bethel College would build and maintain the park. Chair Erickson noted, if the cost is unknown at this time, there would be no other issues to discuss. Mr. Ringwald stated that there are layout issues on the site. Councilmember Rem pointed out that another issue for Parks and Recreation would be obtaining scheduling information from Bethel College which would determine the amount of time the City would able to use the park. The Parks and Recreation Commission is being cautious about how much of the budget they would want to dedicate if the project were to move forward. Councilmember Rem stated that the one project Parks and Recreation is moving forward with is rehabilitating the park at the Arden Manor mobile home park. Councilmember Rem stated that the Day In the Park will be held at Cummings Park and the e Parks and Recreation Commission is in the process of determining what events would be held. Mr. Ringwald stated that Planning Commission training was available for the Commission members. He indicated that there would be enough funds in the budget to send three Commissioners to training. The courses being offered would be The Basics, Beyond the Basics, and Advanced Zoning Applications. Mr. Ringwald stated that he had provided the Planning Commission with a chart of who had already attended what training courses. He offered to sign up any of the Commissioners who would be interested in attending a course. COMMISSION COMMENTS Chair Erickson asked the Staff for additional background information on the Official City Map issue in relation to Planning Case #98-33. He asked if the process in 1992, which was approved in 1993, had been based upon a request or a City initiative. Mr. Ringwald explained that the Official City Map had been a result of a plat to the north (Hanson's Addition). As a result, the question arose regarding what would happen when the next request carne in. Much discussion had ~aken place regarding whether or not to readjust the lots. The Council took the opportunity at that time to request a planning study be done of the neighborhood to determine the best layout. The result had been a suggested layout, which was adopted, as well as protection of this layout by use of the Official Map. The Official Map is a part of the Statute, which allows the City to reserve right-of-way for future platting or acquisition. It shows the location of future streets and allows the City to reject building permits within the area. e e e e DRAFT ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 23 Mr. Ringwald noted that, if an applicant wishes to change the Official Map, this change must be accomplished first, as the City Council has given clear direction of what they want. The Council can change its mind. However, until it does, there is an Official Map, which must be adhered to. Chair Erickson asked if the Official Map is part of the Comprehensive Plan. Mr. Ringwald stated that it is. He indicated that the Official Map is laid out in the Transportation Element of the Comprehensive Plan. Chair Erickson requested confirmation that all homeowners who would be affected by a change in the Official Map would be notified. Mr. Ringwald stated that all of the affected property owners have been involved with this issue since 1992. He indicated that if a petitioner presents a plat, which depicts a cul-de-sac, the Staff would inform them that they could not recommend approval of it because it does not conform to the Official Map. The only alignment, which Staff could recommend approval of, is the through street alignment. Commissioner Nelson asked if the road currently runs through the property to the north at this time. Mr. Ringwald explained that it does not. Chair Erickson noted that, although most of the neighbors di4 not want the street to be brought through, the City had decided it would make more sense from an alignment point of view. Commissioner Sand noted that there had also been some turn around issues for large vehicles as well. Chair Erickson asked what the procedure would be to change the Official Map. Mr. Ringwald stated that the applicant would make a request to the City, similar to a rezoning request. If the change were approved, the plat proposal would then be processed. Chair Erickson pointed out that the petitioner already had a plan depicting a cul-de-sac. Mr. Ringwald agreed and noted that the proposal would require two cul-de-sacs be constructed on either side. Chair Erickson asked if the property was large enough for a Planned Unit Development. Commissioner Baker pointed out that a Planned Unit Development would open the door to the maximum amount of development allowable. He noted however, that the topography of the land would limit the development to some extent. Commissioner Baker asked if the cul-de-sac being proposed by the developer is large enough. Mr. Ringwald stated that the 50-foot radius would not be sufficient as presented. Commissioner Sand asked what the minimum radius would be. Mr. Ringwald explained that it would be approximately 60 feet. Commissioner Nelson asked, if the road were aligned as the City had original planned, how would the road be brought through the property. Mr. Ringwald explained the City would either use its eminent domain authority or the applicant could offer to buy the property. Commissioner Baker asked if the City had allowed any new lots that did not meet the minimum requirements of the Zoning Ordinance. Mr. Ringwald stated that they have in some instances. What will fit into the neighborhood is considered and most of the surrounding lots are deficient. ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 24 The plan that had been approved by the City Council had also shown 80-foot lots. He reiterated that the City Council had provided clear direction on which option they preferred. What was adopted included a street and plat layout. He indicated that, if the petitioner were to present a plan with the street complying with the plat layout, Staff would find a way to make it work. e Commissioner Sand asked if the applicant owns the property subject to a street easement through it. Mr. Ringwald stated that there would be no easement. There would simply be a document stating that the City intends to utilize a portion of the property for right-of-way purposes. This restricts the owner from placing a building in the area. Chair Erickson stated that it may make more sense for the property to be developed as a Planned Unit Development. Mr. Ringwald pointed out that, even with a Planned Unit Development, the plan must follow the Official Map. Chair Erickson noted, if the plan came back and was approved with the road extension, there would still be a lot in between. Mr. Ringwald agreed and stated that, if the Planning Cornmission recommended approval, the proposal would then be presented to the City Council. The City Council would then have to decide ifit would give the access to the property or require the developers to gain access themselves. Whichever the Council chose would be a condition of the final plat. If the Council chose for the City to acquire the land, the petitioner would wait until the property was condemned for the final plat. If the Council required the petitioner to obtain the access, the plat could not be recorded until this was accomplished. If this did not happen within _ one year, and it was not extended, the approval would be void. _ Chair Erickson asked if this was not basically what the applicant had proposed. Mr. Ringwald stated that Option A, which was handed out to the Planning Cornmission at the meeting, was close to the City's plan. This was not the proposal presented for review, it was an option presented to Staff that evening, prior to the meeting. Chair Erickson indicated that with Option A, the petitioner would be developing the parcel consistent with the City's plan. Commissioner Baker pointed out that, until a road is brought through, an interim cul-de-sac would be needed. Mr. Ringwald stated that this would be an issue the City Council would handle with the conditions of the plat. Commissioner Sand asked if there were any plans by MNDOT to change the County Road F and Harnline Avenue intersection to realign the access to Highway 694. Mr. Ringwald stated that ther~ were not. Commissioner Sand asked for the status of the plans for construction and budgeting for the Highway 96 and Lexington Gateway sign. Mr. Ringwald stated that the budget had been approved. He indicated it would be built with the Highway 96 reconstruction. Commissioner Sand asked ifNSP had agreed to bury the utilities in TCAAP. Mr. Ringwald e stated that they had. ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 25 e Commissioner Sand asked for a status regarding the Neighborhood Commons. Mr. Ringwald stated that they were still awaiting the final decision on the grant from Metropolitan Council. Without the grant, the Neighbdrhood Commons would not be able to accomplish much. Commissioner Sand asked if the grant money was for the street corner improvements. Mr. Ringwald stated that much of the money would go towards building the sidewalks, installing lighting and landscaping. Cornmissioner Sand asked if there was a deadline for the Metropolitan Council to make their decision. Mr. Ringwald stated that there was and it should be very soon. Commissioner Sand asked if the grant money would include the corner at County Road D and Cleveland Avenue. Mr. Ringwald stated that it would. Commissioner Sand asked for the status of Mr. Ted Brausen's desire to purchase the property at County Road D and Cleveland Avenue. Mr. Ringwald stated that he had informed Mr. Brausen that the Planning Commission had received his information and that they would take it under consideration when developing the land. Commissioner Sand asked if it had been made clear to Mr. Brausen that it would be difficult for him to develop on the corner. Mr. Ringwald stated that it had been. e Chair Erickson asked if Mr. Brausen would be proposing a Texaco Station. Mr. Ringwald stated that he would be. He indicated that Mr. Brausen is aware that the City was planning to change the Zoning District on the corner and create a new Neighborhood-Business District. Commissioner Sand noted that he had previously mentioned to Staff that, on either G1enhill Road or Edgewater Avenue, off of New Brighton Road, someone had been building a huge garage. He asked if the Staff had reviewed the situation to determine if it met the zoning requirements. Mr. Ringwald stated that he had Dave Scherbel inspected the structure and he had indicated that it does barely meet the zoning requirements. Commissioner Sand referred to an article in the Saint Paul Pioneer Press regarding the Arsenal site. He expressed his hopes that it meant the City Hall would be built soon. Chair Erickson asked if bids had gone out for the new City Hall. Mr. Ringwald stated that the project would be going out for bids the week of February 8, 1999 and the winning bid would be accepted after March 15, 1999. Commissioner Sand stated that, assuming the project moves forward on March 15, 1999, it would be interesting to see how the map corresponds with the Comprehensive Plan. Commissioner Sand requested clarification on what portion of the TCAAP site would the Minnesota National Guard be obtaining ownership. Mr. Ringwald suggested that Staff produce a map 'and provide the Planning Commission with a copy of it. Commissioner Sand agreed. e ADJOURNMENT Commissioner Sand moved, seconded by Cornmissioner Baker to adjourn the meeting at 10:42 p.m. The motion passed unanimously (5-0). . <'I < " """"': ./ j'.l e e e ~ CITY OF ARDEN HILLS MEMORANDUM DATE: February 22, 1998 TO: Mayor and City Council FROM: Nancy Randall, Associate SUBJECT: February Planning Cases 98-30, 98-37 Case #98-30, Variance - Donald Wahlberg, 1451 Arden Place Request. The applicant is requesting approval of a corner side yard setback variance (19 feet 9 inches proposed, when 40 feet is required) for an attached garage addition (storage space) to a single family lot zoned R-1 (Exhibit B). Background. The applicant currently has a small two car attached garage 18 feet by 26 feet (468 square feet) that fronts on Arden Place. The home is angled slightly towards the comer of Arden Place and North Snelling Avenue. The applicant is proposing a 16 foot 8 inch by 33 foot 8 inch (562 square foot) garage addition to replace the storage space that was lost when a detached metal storage building collapsed earlier this year, thereby, providing the applicant with 1,030 square feet of attached garage. Given that the house has a footprint of 1964 square feet, the garage (storage space) would occupy 34 percent of that footprint ((1,030sf71,030 square feet + 1,964 square feet) x 100%) = 34%). The applicant has evaluated other locations for the storage space; however, this is the only location they feel will work with the existing home. Deadline for Agency Actions. The City of Arden Hills received the completed application for this request on December 23, 1998. Pursuant to Minnesota State Statute, the City must act on this request by Friday, February 21, 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 Tuesday, April 23, 1999. The City may, with the petitioners consent, extend the review period beyond the Tuesday, April 23, date. Lastly, if the City denies the petitioners request, "... it must state in writing the reasons for the denial at the time that it denies the request." Recommendation. The Planning Commission recommends denial of Planning Case #98-30, Corner Side Yard Setback Variance (19 feet 9 inches proposed, when 40 feet is required) for an attached garage (storage space), based on the "Findings - Corner Side Yard Setback Variance (garage)" section of the Staff report dated F ebrnary 3, 1999. Updates. The applicant supplied a picture depicting an attached carport, removed earlier in the season due its dilapidated state. The applicant also brought up the fact that a chimney on the west side of the garage as well as the brick wall construction reduces the interior garage width to 15 feet 6 inches. The applicant has submitted pictures of the carport and interior of the garage as well as two views of the open space the applicant wishes to preserve. Case #98-37, Variance - Thomas Delich, 3403 Lake Johanna Blvd. Request. The applicant is requesting approval of a side yard setback variance (5 feet 1 inch proposed, when 10 feet is required) and a front yard setback variance (30 feet proposed, when 40 feet is required) for a house addition on a single family lot zoned R-2 (Exhibit C). Background. The applicant currently has an 18 by 20 foot, two level (720 square foot) home with one bedroom, bathroom, kitchen and living room. The existing home is set very close to the Lake Johanna Boulevard right-of-way. In fact, the entire existing house is located within the required front yard setback. (Exhibit B) The deck on the front of the house is four feet from the Lake Johanna Boulvard right-of-way line and the house is ten feet from the right-of-way line, when 40 feet is required. The house is approximately five feet from both side yards, when ten feet is required on one of the side yards. The applicant is proposing to add a 18 by 20 foot two-level addition (720 square feet) to the rear (west) of the existing home. The applicant evaluated other locations for the addition; however, they believe that this location is the only place they can add to the home with minimum impact to the lot. The following table shows the relationship between the existing and proposed home: Existinl! Home Level Use Square Feet Lower BedroomlBathroom 360 sa. ft. Upper KitchenJLiving 360 sq. ft. Area Total House 720 sa. ft. Pro osed Home f .a;. . e e e e e e , The proposed house at 1,440 square feet is a reasonable size home for the neighborhood in which it is located and modest for the community that it is located in. However, the basic question in this request is not whether the home is reasonably sized, but given the extent to which the home is being modified, should the entire house be made to meet the current setback requirements. Deadline for Agency Actions. The City of Arden Hills received the completed application for this request on January 13, 1999. Pursuant to Minnesota State Statute, the City must act on this request by Sunday, March 14, 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 Thursday, may 13, 1999. The City may, with the petitioners consent, extend the review period beyond the Thursday, May 13, 1999, date. Lastly, if the City denies the petitioners request, "... it must state in writing the reasons for the denial at the time that it denies the request." Recommendation. The Planning Commission recornmends denial of Planning Case #98-37, Side Yard Setback Variance (5 feet 1 inches proposed, when 10 feet is required) and a Front Yard Setback Variance (30 feet proposed, when 40 feet is required) for a house addition, based on the "Findings - Front and Side Yard Setback Variance" section of the Staff report dated February 3, 1999. Updates. The applicant has considered the Planning Commission comments pertaining to demolishing the existing home and building behind the 40 foot setback thus, eliminating the need for the front yard setback. The applicant staked the approximate location of a home behind the 40 foot setback. The applicant has submitted a letter expressing their concerns with removing the existing home and building behind the 40 foot setback. (Attachment B) Exh"\ bJ A Planning Case 98-30 (Variance) Donald Wahlberg, 1451 Arden Place . .. 'I ,/':FGRES-T-tJ i// 411 .. I \ \---..,/'.' ~/. .. -' . 200 0 200 400 ~,,,,I I I I 600 Feet I /~~ / . . - - - .-_. ._- / .-- . N A , Exh~b;t A ~J >, < -- Nancy Randa1I December 22, 1998 Associate Plamter I would like to submit an amended applicatioo for a variance to add onto my existing garage. Because my existing garage is 19 ft 8 &1/4 inches from the property line, I can not add on to my garage 40 ft ftom the property line and have the house look normaL My amended design would bring my building no closer to the property line than it already is. It would have a traditional modern look that would be an asset to the neighborllood. Using a metal detector, I was able to locate six property markers including two which are "original plat monuments" (placed by Charles Murray September:zsd', 1944). The two "original plat monuments" are primary stimdards for the SWTOWIding area and are in front of my house. ] constructed a line between the original plat monuments and measured 19 ft 8 &1/4 inches from the line to my existing garage. To confirm the integrity of the original plat markers,] measured the distance between all six markers and foWld the distances to be consistent with a survey map of the area. The _ distances measured between the six markers were mC8S\D"ed with a 100' fiberglass tape and were not corrected for elevation differences. Sincerely, Don Wahlberg 633-5456 (h) 6254784(w) ~ REr:c!\/~'l DEe 2 3 1998 OIr U/" AlIDll! ~~ L.: , IIC- 1- -, t5 ~;). . C o/J1. lius '0 ,A/ :- _ pL.-A A/ ,4/0v G II r.. /fi/Ou-LL) Llk. G A- V/t!2-t-/t,A/C;;; TO /tDfJ OA/ To /1A.- Y G /t~ 6<::: , THIS lA/o"'-'c.tJ G/t/c ?f..S" ... .s C-r pj:", C '-E A- T ~ 7 eJ 1l-/r6 E: 5 f /tCE. . 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I I I i I ,I I I , i I I ! ; I ,",,\->.1' Ii "<" ~ .... ",I I I I I " ~ r-l i ! I I : , } I I I I -+ - . I. .-.; , .... if f .~ ," I ~ --4\ ~'I<- /11;2 .. ," * ..,. 89.5X ,.. ..,. :89AX E"~ h, 6.+ E Planning Case 98-3 7 (Variance) Thomas Delich, 3403 Lake Johanna Blvd. _________.__..__..u..____._ .. . -- ".... r ... .. ... . . ------ . ... - -----_.._--._._------_._....---_._.__._._'--------~. _ I ~,. n 200 , o 200 400 N ~o Foct A tit February 13, 1999 To Whom It May Concern: e e We are writing this letter in reference to our request for a variance at 3403 Lake Johanna Blvd. As you are probably already aware, we have proposed an addition to the existing structure,. lIIld discussed alternatives with the City of Arden Hills Staff, and the City of Arden Hills Planning Commission on February 3, 1999. The minutes of the meeting will show that the Commission suggests that my wife and I tear down the existing structure, reposition the home further back on the lot, and reconstruct a new 40 x 18 square foot home. After thoroughly researching the recommendation of the City Planning Commission, we have found numerous obstacles due to the unusual lot configuration and grade. Ifwe were to tear down the existing structure, and reposition a new home, the plan would still require a side variance due to the build-able area allowing a width of only 13 feet. Four out of the six mature trees on the lot would need to be removed. Any changes in the driveway location or repositioning of the home, may result in water damage to our home and/or our neighbor's property due to redirected runoff. Also, space for a driveway/off- street parking would be minimized, which may increase chances of vandalism. Lastly, our financial situation would make it difficult for us to afford such drastic measures. We feel that our proposal is reasonable and is not asking for anything extraordinary. There does not appear to be any other alternatives to improve our situation, besides the addition that we have proposed. We believe that our circumstance meets the conditions required for the approval of a variance found in Section VIII, D, 4, c of the City Code which states: "Adherence to the provisions of is ordinance is required, except for special cases which arise because of the configuration of a particular parcel. The condition shall not have been created by the landowner. A variance or variances of a side of a lot, the shape of the lot or the unusual terrain prohibit reasonable development equivalent to that which would be permitted without variance on a similar size lot located in the same district, but which lot has no unusual configuration. Economic conditions alone shall not be grounds for a variance." Our last thought might be to add a garage onto the west end of the home (after addition would be in place) to dispelled any concerns of further additions to the west by the City Staff and City Planning Commission. We have attempted, to best of our abilities, to look for other options, and meet all suggestions as made by both the City Staff and City Planning Commission. Please consider the issues stated above when making your final decision regarding our property and request for the variance. Appreciatively, Thomas & Lisa Delich , , , QUALI.CARE CONSTRUCTION To:City of Arden Hills February 6,1999 From: StevenEfterfield QuaJi-Care Construction 28559142nd Street Zimmerman, MN 55398 Re: 3403 Lake Johanna Blvd. RECEIVED FEB 1 8 1999 GlYOfAlUItUUu.s To Whom It May Concern: Early in January I was contacted by Thomas Delich, of3403 Lake Johanna Blvd. Mr. Delich requested that I bid an 18ftx 20ft Addition to his current 18ft x 20ft home. Mr. Delich's requirements were that the addition be two levels and be a distance of at least 5 feet from the two adjacent neighbors property lines. On February Fourth, Mr. Delich contacted me requesting that I research the possibility of building a new home approximately 10 feet back from the existing home. The new home size would be approximately 17ft x40ft and two levels high. Again trying to maintain a distance of Sft from neighboring property lines. The New structure would be possible, but but it would still incur problems, thus needing a side set-back variance. The first major concern of mine would be the steep grade of the hill and the location of the home in relation to the driveway, alley-way, neighboring property, and the slope located above the driveway. Currently the home is set back approx. 70ft from the location of where the steep slope and the alley-way come together. If the proposed addition was allowed, the set- back would be about SOft. If Mr. Delich were to build a New home, he would have about 20ft from the door of the home to the steep slope and only about 10ft to the alley. This leaves very little room to park two cars and still allow water to absorb in the spring thaw without severe water collection in from of the home. Ii the driveway were to be relocated to the west to provide for more parking, this would have even more adverse effects. There would be possibiiities of erosion by the new home, and possibly the southern neighbor's home and alley. Another concern is the proximity of the New home to the alley. The southwest corner of the home would only be about 10ft from the steeply graded alley. This brings up concerns of safety with respect to vehicles coming down the alley. If a vehicle were to lose control coming down the alley's hill, it could go off the road and have only a short distance to stop before the possibility of ending up in the Delich's dining area. (approx.. 10 feet) The 18ft x 20ft Addition Mr. Delich originally proposed to me would not have that problem. There would be approximately SOft from the alley-way to the home. After expressing these concerns to Mr. Delich about his options and possibilities, he requested that I write this memo to the city . Please do not hesitate to call if you have any questions or I can be of further assistance. Sin~ S~::;:;;eld Steven Efterfield - Owner and Operator - Quali-Care Construction- (612)701-3151 ~ . . . January 20,--1999-~. To Whom It May Concern: I am writing this letter to request a variance for the property at 3403 Lake Johanna Blvd., Arden Hills, Minnesota. Originally, the cabin was built to function as a second home. It currently has 720 square feet, split equally betWeen the main level and the basement. My wife and I would like to transform it into a functional home for the two of us. To make the home functional, we would like to add two rooms to the rear of the existing structure. .The addition, we propose, would be approximately 18x20 square feet and 20 feet high. I am requesting the variance because firstly, the size of the existing structure does not meet the state requirement for a 20x20 square foot home. Secondly, the shap.e of the lot prohibits reasonable development equivalent to that which would be. permitted without variance on a similar size lot located in the same district, but which lot has no unusualconfiguration. Ifwe.were able to attain the variance and build as planned, the home would then consist of two bedrooms, one bathroom, ooe updated kitchen/dining room, a living room, and laundry room. Currently, the existing home has one bedroom, one bathroom, one outdated kitchen, and living room. -(It does not have a laundry room.) The exterior on the existing structure is off-white stucco, which will be complimented by matching vinyl siding of the proposed addition. My wife and I thank you for your time in considering granting a variance for this property. Appreciatively, Thomas 1. Delich '., , ..~:~ .~."- , -I I I I December 31, 1-998 To Whom It May Concern: I am writing this letter to request a variance for the property at 3403 Lake Johanna Blvd., Arden RiBs, Minnesota. Originally, the cabin was built t{l function as a second home. It currently has 360 square feet, split equally between the main level and the basement. My wife and I w{luld like to transform it into a functional home for the two {If us. To make the home functional, we would like to add two rooms to the rear of the existing structure. 'J'headdition, we propose, would be approximately 18x20 square feet and 16 feet high. The reason I am requesting the variance is because the shape of the lot prohibits reasonable development equivalent.to that which woukl.be permitted without variance on a similar size lot located in the same district, but which lot has no unusual configuration. If we were able to attain the vanance and build as planned, the home would then consist of two bedrooms, one bathroom, -one updatedkitchenldining room, a living room, and laundry room. Currently, the existing home has one bedroom, one bathroom, one outdated kitchen, and living room. (It does net have a laundry room.) The exterior on the existing structure is off-white stucco, which wiB be complimented by matching vinyl siding -of the proposed addition. My wife and I thank you for your time in considering granting a variance for this property. Appreciatively, Thomas 1. Delich -.... .. . .; . . . . . Plannjing Case 98-37. . . . 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T' - i--t-+-t-; , -, -~;t 1.:-:.1-... ~~f-r:rT~ !-~~.J,T -- :~l'::rT'''~ '~I .'-r.. j ! 1 ! "r "r"'.~' -)- ..~.- -t-..+.-- " ht.-..: '.'1' 'T-"". j__j._~JL~t... ~.L___ c .. I j I~, I .- i; t...-; i I I' I i ._1.....1_..._;, . r-r"lt~i---- I ' : ';-I,n-j-.- '---~i -- -~ - --t. . ~ ,--: ) I !. I i 1... ._l...J"~.-'. i ! i -i , , "."-1' i .i.. , , t- " ! .., i , I , i ! :', I +.Ii~ I'.a';;i:i~i->-~~ i_ ____R__."/""\', i : ; . , , , 1! i .Vt-'~1-' . ! e WillialD A. Stllhlet 3407 Lake Johanna Blvd St Paul,Mn55112 U.S.A. Phone (651)628-9208 January 30, 1999 Nancy Randall, Associate Planner City of Arden Hills 4364 West Round Lake Road Arden HillsMN 55112-5794 Dear Nancy; Planning Case #98-37 Delich RFr!=!'!Cn FEB 0 1 1999 OTV lH ~\r.~~f<i {~.:.~.. I am the owner of the property located directly north of the subject property 3403 Lake Johanna Blvd. I have nobbjection to the proposed setback variance at tbe subject property, and welcome the improvement to said property. Sincerely, e ~Ja4-,..;4 ~ William A. Stophlet e e e e f ~ - ~ ("> ~ ~ r <:. p 1 c < ~ ~ d ~ r \'61 E )(is~; "\ .-( . " V1~ 7C F o o . 10 o r "8 3 - e + e e ~~\l -~~ : I, (C) '0) >cti -~'11 )1 ,. i' " . . . ...... ...t CITY OF ARDEN HILLS MEMORANDUM DATE: February 22, 1999 TO: Mayor and City Council ~ FROM: Kevin Ringwald, Assistant to the City Administrator SUBJECT: Planning Case 98-36, City of Arden Hills Ordinance #311 - reli(u1atinli( Sexually Oriented Businesses Request The City of Arden Hills requests that the City Council approve Ordinance #311 that would establish specific regulations for Sexually Oriented Businesses (Exhibit A). Backl!round The City Council on March 9, 1998, adopted Ordinance No. 305 placing a one year moratorium on the siting of adult use establishments within the City of Arden Hills (Ordinance previously provided). The City Council, in Section 3 of that Ordinance, directed Staff to conduct a study a forward the conclusions of that study to the Planning Cornmission for its consideration. The Staff has concluded that study and presented its findings, for discussiona1 purposes only, to the Planning Commission at its January 6, 1999, regular meeting. The Staff requested that the Planning Commission review the study and comment on areas that it wished further clarification on and to direct the Staff to prepare for a public hearing on the proposed ordinance. The Planning Commission at that meeting provided direction on the study and then directed Staff to prepare for a public hearing on the ordinance at the February 3, 1999, regular meeting. Currently, the City Code in Chapter 13.5 regulates Massage, Rap and Sauna Parlors within the City. However, the City Code does not regulate sexually oriented businesses (ie., adult bookstores, etc.,) except that they are required to obtain a business license under the City Code in Chapter 13-24, Subpart gg (retail sales). The Staff previously provided the Planning Commission and City Council with studies completed by other cities and other information sources relating to the regulation of Sexually Oriented Businesses (SOB's). A sununary of this information is provided as Exhibit B. , Ordinance Overview Ordinance #311 (the Ordinance) defines Adult Uses (Section 2.02) to include, among other things, Adult Bookstores, Adult Theaters, Adult Novelty Stores, and businesses which show Specified Anatomical Areas or conduct Specified Sexual Activities, etc.,. If a business is an Adult Use and derives 25 percent of its gross monthly receipts or devotes 25 percent of its floor area, then it is regulated by this ordinance. . The ordinance, in Section 3.01, limited the location of adult uses to the B-4 zoning districts that is greater than 1,000 feet from any residential zoning district (Exhibit C). The following table depicts the various relationships that would be associated with SOB's. Zoninl!: Ana1vsis of SOB's Zoning Acreage % of Zoning % of all % of all Business & % of City * District District Business Zones Industrial Zones B-4 21 acres 100 percent 6.3 nercent 3 nercent 0.5 nercent · Excludes TeAAP property (2,370 acres) The ordinance also provides for the regulation of the signage of the business (Section 3.02), layout of the business (Section 3.03) and requires a license prior to opening a business (Section 3.04). The licensing section of the ordinance only allows the issuance of one license per building or parcel and that no more than three licenses be issued at anyone time. The ordinance prohibits minors from entering an adult use (Section 3.13) and limits the hours of operation from 9:00 am to midnight (Section 3.14). . Findinl!:s The Staff finds the characteristics of Arden Hills are substantially similar to those of the cities cited by the Report when considering the affects of adult uses. The Staff finds, based upon the Report and the studies cited therein, that adult uses may have adverse secondary effects upon certain pre-existing land uses within the City, and that the public health, safety, and general welfare will be promoted if the City adopts regulations regarding adult uses. The Staff finds that the adverse secondary effects tend to diminish if adult uses in the City are regulated by locational and licensing requirements. It is not the intent of the Staff to prohibit adult uses from having a reasonable opportunity to locate within the City. The City's current zoning ordinance does not address such adult uses, which have been found by other municipalities to cause similar adverse secondary effects. Specifically, the City Council is concerned that the City's zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended. . . . . , In addition to the proper zoning classification of such uses, there is a number of significant planning and land use issues pertaining to the regulation of such uses, including but not limited to the following: 1. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses. 2. The concentration and density of such uses in the City and its neighborhoods. 3. The effect of such uses on other uses in the surrounding area. Updates As a result of the Planning Commission discussion the Staff has modified the ordinance to address the zoning districts (eliminating the B-1) and clarifying the types of corporations (partnership/LLC/trust or other business entity which is not a natural person) that are included within Sections (3.05,c, (6) and 3.06,b and 3.15). Options 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial with reasons for denial. 4. Table for additional information. Recommendation Based on the evidence and findings in this and other previously supplied reports, related to the effects that Sexually Oriented Businesses would have on the City of Arden Hills, the Planning Commission recommends approval of the Ordinance #311 and to direct the publication of an Ordinance surmnary in the City's Official newspaper. ~ Pursuant to Section VIII, D, 1, b of the Zoning Ordinance a "...four-fifths (4/5's) majority of the full council is required for action to amend the zoning ordinance. In the event an application for amendment is approved, an appropriate amending ordinance shall be executed and published." ------- - . . . f'(J.lI~11 A ' 1,'1 ORDINANCE NO. 311 AN ORDINANCE REGARDING THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONlNG DISTRICT OF THE CITY OF ARDEN IDLLS THE ARDEN HILLS CITY COUNCIL ORDAINS: Section 1. Findings and Recitals. 1.01 On March 9,1998, the City Council enacted an interim ordinance (Ordinance #305) creating a moratorium on the establishment of adult uses within the City and directing the City Staff to conduct a study to determine how best to regulate such uses. The scope of the study was to include, but not be limited to, the following: a. The particular zoning districts in which adult establishments should be allowed as either permitted or conditional uses; b. The density and concentration of adult uses; and, c. The effect of adult uses on other uses in the surrounding area. Upon completion of the study, the matter was to be considered by the Planning Commission for its review and recommendation to the City Council. The study has been completed and the Planning Commission has reviewed the study and has passed its recommendation to the City Council for review. The City Council has also reviewed the staffs study and duly considered the recommendation of the Planning Commission. 1.02 The staffs study contained copies of certain reports specifically including a report which was prepared by the State Attorney General entitled "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses", dated June 6,1989 (the "Report"). The Report considered evidence from studies conducted in Minneapolis, St. Paul, and many other cities throughout the country relating to sexually oriented businesses. The City Staff, Planning Commission, and City Council have reviewed the Report. 1 1,\\1 1.03 The Report, based upon the above referenced studies and the testimony and evidence it concluded, among other things, "... that sexually oriented businesses are associated with high crime rates and depression of property values. . . ." Prior to the issuance of the Report, the State Attorney General's Working Group also heard testimony that" . . . the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property." The Report found and concluded that: . a. Adult uses have an impact on the neighborhoods surrounding them, which is distinct from the impact caused by other cornmercial uses; b. Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increase crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; c. The adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increases; d. Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior; . e. The City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses; f. Many members of the public perceive areas within which adult uses are located as less than other areas which do not have such uses; g. Studies of other cities have shown that the values of both cornmercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and h. The Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store. 1.04 The Arden Hills City Council finds the characteristics of Arden Hills are substantially similar to those of the cities cited by the Report when considering the affects of adult uses. . 2 . . . 1/h 1.05 The Arden Hills City Council finds, based upon the Report and the studies cited therein, that adult uses may have adverse secondary effects upon certain pre-existing land uses within the City, and that the public health, safety, and general welfare will be promoted if the City adopts regulations regarding adult uses. 1.06 The Arden Hills City Council finds that the adverse secondary effects tend to diminish if adult uses in the City are regulated by locationa1 and licensing requirements. 1.07 It is not the intent of the City to prohibit adult uses from having a reasonable opportunity to locate within the City. 1.08 The City's current zoning ordinance does not address such adult uses, which have been found by other municipalities to cause similar adverse secondary effects. Specifically, the City Council is concemed that the City's zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended. 1.09 In addition to the proper zoning classification of such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following: a. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses. b. The concentration and density of such uses in the City and its neighborhoods. c. The effect of such uses on other uses in the surrounding area. Section 2. Definitions. For the purposes of this ordinance, the following terms shall be defined as set forth below: 2.01 Adult Establishment. Adult Establishment means: a. Adult Patronal!e. Any business that is conducted exclusively for the patronage of adults and that excludes minors from patronage, either by operation of law or by the owners of the business; 3 \.\ \,'\ b. Receiuts: Floor Area: TVDes of Merchandise. Any business that (i) derives 25% or more of its gross receipts during any calendar month from, or (ii) devotes 25% or more ofits floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to, items, merchandise, devices or other materials distinguished or characterized by an emphasis on material depicting, exposing, describing, discussing, or relating to Specified Sexual Activities or Specified Anatomical Areas; or c. Adult Usal!e. Any business that engages in any Adult Use. 2.02 Adult Uses. Generallv. "Adult Uses" include adult book stores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, or establishments, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction or description of Specified Sexual Activities or Specified Anatomical Areas which are capable of being seen, heard, or smelled by members of the public. Activities and matters classified as obscene as defined by Minnesota Statutes 617.241 are not included as an Adult Use and are prohibited in the City of Arden Hills. Adult Uses include but are not limited to the following: a. Adult Bodv Paintinl! Studio. An establishment or business which provides the service of applying paint or other substance, whether transparent or non- transparent, to or on the body of a patron when such Qody is wholly or partially nude in terms of "Specified Anatomical Areas." b. Adult Bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter (specifically included, but not limited to, greeting cards), pictures, slides, records, audio tape, videotape or motion picture fihn if such building or portion of a building is not open to the public generally but only to one or more classes ofthe public excluding any minor by reason of age or if a substantial or siguificant portion of such items are distinguished or characterized by an emphasis on the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. c. Adult Cabaret. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a bnilding excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of Specified Sexual Activities or Specified Anatomical Areas. 4 . . . r; /f1 . d. Adult Comnanionshin Establishment. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. e. Adult ConversationfRaD Parlor. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. f. Adult Health/Snort Club. A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. g. Adult Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage by reason of age and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas. . h. Adult Massaee Parlor. Health Club. A massage parlor or health club which restricts minors by reason of age, or which provides the services of massage, if such service is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. 1. Adult Motion Picture Theater. A building or portion of a building used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age, or if such material is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas for observation by patrons therein. J. Adult Modeline Studio. A modeling studio which restricts minors by reason of age, or whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers, or who engage in Specified Sexual Activities or display Specified Anatomical Areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. . 5 u (n k. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or few persons per machine at anyone time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing Specified Sexual Activities or Specified Anatomical Areas. . 1. Adult Noveltv Business. An establishment or business engaged in the sale of novelty items which: (1) Restricts minors by reason of their age; or (2) Has as its principal activity the sale of devices and other products which: (i) Stimulate human genitals or devices which are designed to create sexual stimulation or excitement; or, (ii) Are otherwise designed to stimulate or arouse sexual excitement in any manner whatsoever, specifically including, but not limited to, items such as inflatable dolls or similar devices; or, (iii) Is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. . m. Adult Sauna. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing utilizing steam or hot air as a Cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. n. Adult Steam RoomlBathhouse Facilitv. A building or portion of building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. . 6 . . . '/', 2.03 Specified Anatomical Areas. "Specified Anatomical Areas" are defmed as follows: a. Female. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and, b. Male. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2.04 Specified Sexual Activities. "Specified Sexual Activities" are defined as follows: a. General Sexuallv Oriented Acts. Actual or simulated: (I) Sexual intercourse; (2) Oral copulation; (3) Anal intercourse; (4) Oral-anal copulation; (5) Bestiality; (6) Direct physical stimulation of unclothed genitals; (7) Flagellation or torture in the context of a sexual relationship; (8) The use of excretory functions in the context of a sexual relationship; or, (9) Any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or b. Genitalia. Any clear depiction of human genitals in the state of sexual stimulation, arousal or tumescence; or c. Certain Uses and Activities. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or d. Touchinl!. Fondling or touching of nude human genitals, public region, buttocks, or female breast; or 7 13\ \'1\ e. Nature of Clothin!!. or Lack Thereof. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such person; or . f. Animals. Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or g. Irri!!ation. Human excretion, urination, menstruation, vaginal irrigation. Section 3 Regulation 3.01 Location Restrictions. The restrictions set forth below shall apply to the location of Adult Establishments. a. No Adult Establishment shall be operated or maintained except within the B4 zoning district pursuant to a Special Use Permit more fully described in the Zoning Ordinance (Ordinance #291 and as subsequently amended), Section VIII, D, 3; and b. No Adult Establishment shall be operated or maintained within 1000 feet of any residential district. . The distance requirements provided for in this section shall be measured as set forth in Section N, B, of the Zoning Ordinance. 3.02 Si!!n Requirements. In addition to the requirements of Sign Ordinance (Ordinance #292, and as subsequently amended), all businesses regulated under this chapter shall comply with the following sign requirements: a. All signs shall be wall signs. b. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or in any area where they can be viewed from a public street or sidewalk in front of the building. c. Window areas shall not be covered or made opaque in any way. d. No sign shall be placed in any window. e. A one square foot sign shall be placed on the door of the establishment to state hours of operation and admittance is limited to adults only. . 8 . . . 'l J 1" f. Where any provisions of this section conflict with Sign Ordinance, the provision that is more stringent shall be applied. 3.03 Phvsical Lavout of Business. Any Adult Establishment having available for customers, patrons or members, a booth, room or cubicle for the private viewing of any Specified Anatomical Areas or Specified Sexual Activities must comply with the following requirements: a. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the Adult Establishment and shall be unobstructed by any door, lock or other control type devices. b. Every booth, room or cubicle shall meet the following construction requirements: (1) Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any non-public areas by a wall. (2) Have at least one side totally open to a public lighted aisle so there is an unobstructed view at all times of anyone occupying the area. (3) All walls shall be solid and without any openings, extended from the floor to a height of not less than six feet and be light colored, non-absorbent, smooth textured and easily cleanable. (4) The floor must be light colored, non-absorbent, smooth textured and easily cleanable. (5) The lighting level of each booth, room or cubicle when not in use shall be a minimum of 10 foot candles at all times, as measured from the floor. c. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of a booth, room or cubicle shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth. 3.04 License RCQuired: Number of Licenses Available. a. From and after the effective date of this ordinance no Adult Establishment shall be operated or maintained in the City of Arden Hills without first obtaining a license to operate issued by the City. b. A license may be issued for only one Adult Establishment located at a fixed and certain place. Any person, partnership or corporation which desires to operate more than one Adult Establishment shall have a separate license for each such business. 9 \ ~ V{\, c. No license or interest in a license may be transferred to any person, partnership, corporation, or other entity. . d. Only one licensed adult establishment may be operated: (1) Within a single building; or, (2) Upon a single tax parcel. e. No more than three (3) licenses for an Adult Establishment may be issued and active at any given time. 3.05 Application for License. a. Any person, partnership or corporation desiring to secure a license shall make application to the City Clerk. b. The application for a license shall be upon a form provided by the City. c. An applicant shall furnish the following information: (1) Names, addresses and dates of birth of applicant and spouse if any. (2) Written proof that the applicant is at least eighteen years of age. . (3) Address of the Adult Establishment to be operated by the applicant. (4) The name of the City, County and State, ifany, where the applicant previously operated an Adult Establishment. (5) Whether the applicant has ever been convicted of a felony involving sexual conduct, the use or distribution of controlled substances or the use or distribution of a dangerous weapon. If the answer to the last is yes, state the jurisdiction in which the offense or offenses occurred. The applicant may attach any explanation he or she deems appropriate. (6) If the applicant is a corporation (partnership/LLC/trust or other business entity which is not a natural person), the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all share holders owning more than five percent of the stock in said corporation and all officers and directors of the corporation. . 10 . . . l \ 111 d. Within sixty days of receiving a completed application for a license, the City Clerk shall submit the application to the City Council for approval or denial. e. Failure or refusal of the applicant to give any information relative to the investigation of the application shall constitute grounds for denial of the license. 3.06 Standards for Issuinl!: Licenses. a. To receive a license to operate an Adult Establishment, an applicant must meet the following standards: (1) The applicant must be eighteen years of age or older. (2) The applicant or his or her spouse has not been denied a similar license by any other city, county or state within the preceding twelve months or has not had such a license revoked or suspended within the preceding twelve months. (3) All current real estate taxes have been paid on the licensed premises. (4) The licensed premises meets all the provisions of this Chapter as well as all building and fire codes. (5) The applicant or spouse has not been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by Minnesota laws, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the applicant. (6) All license and investigation fees required by this Chapter have been paid. b. For the purposes of this section the term "applicant" shall include an individual, all persons having a financial interest in a partnership or joint venture, and, in the case of a corporation (partnership/LLC/trust or other business entity which is not a natural person), all officers, directors and stockholders required to be named in the application. c. All police, fire and building code investigations shall be completed within twenty- one days after the date the completed application is filed with the City Clerk. Upon a showing of good cause and reasonable diligence on the part of an investigator, the City Council may extend the investigation period for a reasonable time. Any investigation not completed within the allotted time period shall be deemed to be waived. 11 \.". \ \" 3.07 License Fees. . a. The annual license fee to operate an Adult Establishment shall be determined by the City Council by resolution. b. In addition to the annual license fee, an investigation fee in an amount determined by the City Council by resolution shall be paid at the time of the initial license application. c. All appropriate fees shall be submitted along with the application for a new or renewal license. d. If an application is denied, the license fee, but not the investigation fee shall be refunded to the applicant. 3.08 Disulav of License. The license shall be displayed in a conspicuous public place in the Adult Establishment. 3.09 Renewal of License. a. Every license issued pursuant to this chapter shall expire at 12:00 midnight on December 31 st of each year unless sooner revoked by the City Council, and must be renewed before operation is allowed in the following year. . b. Applications for renewal must be submitted with the annual license fee to the City Clerk not later than sixty days before the license expires. c. Renewal of a license may be issued by the City Clerk unless the Clerk finds cause for not renewing the license in which case the Clerk shall submit the renewal application to the City Council prior to the expiration of the license. d. No license for which application for renewal has been timely made shall be deemed to expire until the City Council has rendered its decision not to renew a license. No application for renewal of a license may be denied by the City Council until after the applicant has received ten days' written notice of a public hearing before the Council. The applicant may appear with or without counsel at that public meeting and may present such evidence and witnesses, as he or she deems appropriate. 3.10 Revocation of License. a. The City Council shall revoke a license for any of the following reasons: . 12 . . . I '} (" (1) Discovery that false or misleading information or data was given on any initial or renewal application or material facts was omitted from any such application. (2) The operator or an employee of the operator violates any provisions ofthis chapter or any rule or regulation adopted by the Council pursuant to this Chapter, provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee the penalty shall not exceed a suspension of thirty days if the Council finds that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge. (3) The operator becomes ineligible to obtain a license. (4) Any cost or fee required to be paid by this ordinance is not paid. (5) Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the Adult Establishment. b. The Council, before revoking or suspending any license, shall give the operator ten days written notice of the charges against him or her, and an opportunity for a public hearing before the Council at which time the operator may appear with or without counsel and may present such evidence and witnesses as he or she deems appropriate. c. The transfer of a license or any interest in a license shall automatically and immediately revoke the license. d. Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as an Adult Establishment for six months from the date of revocation of the license. 3.11 ResDonsibilities of ODerator. a. Every act or omission by an employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission. 13 \'-'\hl , b. Any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed. . c. No employee of an Adult Establishment shall allow any minor to loiter around or to frequent the Adult Establishment or to allow any minor to view Specified Anatomical Areas or Specified Sexual Activity at the Adult Establishment. d. The operator shall maintain the premises in a clean and sanitary manner at all times. e. The operator shall maintain at least ten-foot candles oflight in the public portions of the establishment, including aisles, at all times. However, if a lessor level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles, provided, however, at no time shall there be less than 1 foot candle of illumination in said aisles as measured from the floor. f. All business transactions shall occur within the licensed building. g. No employee shall have been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by Minnesota laws, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the employee. . h. The operator shall ensure compliance of the establishment and its patrons with the provisions of this Chapter. 3.12 Exclusions. All public and private schools located within the City of Arden Hills are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum 3.13 No Minors. No person under the age of 18 shall be permitted to be present in an Adult Establishment. 3.14 Hours of Operation. The hours of operation for any business licensed under this Chapter shall be between 9:00 AM to midnight. . 14 . . . Ii I h 3.15 Penalties. a. Any individual, partnership or corporation (partnership/LLC/trust or other business entity which is not a natural person) who is found to have violated the provisions of this Chapter shall be guilty of a misdemeanor and shall also be subject to revocation of any license. b. Each violation of this ordinance shall be considered a separate offense and any violation continuing more than one day shall be considered a separate offense. 3.16 Enforcement. Members of the law enforcement agency providing service to the City, the Fire Marshal, or designee, the Building Official or designee and the Zoning Administrator or designee, shall have authority to enter any Adult Establishment at all reasonable times to inspect the premises for the purposes of enforcing this Chapter and all other applicable State laws, fire codes and building codes. Section 4. Means of Enforcement. The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. The ordinance may also be enforced by appropriate criminal prosecution. Section 5. Separability. Every section, provision or part of this ordinance is declared separable from every section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. Section 6. Effective Date. This ordinance shall be effective the day following its publication or on the day following the publication of an Ordinance Summary approved by the City Council. 15 \If\D Section 7. Adoption Date. Passed and adopted by the City Council of the City of Arden Hills the ,1999. ATTEST: day of Dennis Probst, Mayor Brian Fritsinger, City Administrator Publication Date. Published on the day of ,1999. . . . . . . . 11/'7 AN ORDINANCE SUMMARY On the day of , 1999, the Arden Hills City Council adopted Ordinance No. 311, and pursuant to Minn. Stat. 462.355, Subd. 4, and, by at least four affrrmative votes, directed that a sununary of the ordinance be published. Arden Hills Ordinance No. 311 is entitled" AN ORDINANCE REGARDING THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF ARDEN HILLS". The Ordinance includes background information, definitions, siting, licensing, and contains enforcement provisions. A copy of the Ordinance is available for inspection by any person during regular business hours at the office of the City Administrator at 4364 Round Lake Road, Arden Hills, MN 55112. Dated: Brian Fritsinger, City Administrator .e ~ 0 U i: - U ,....,cCl ~Z 00 00.- ~oo. 00.00. oo.~ ~~ iZlo PU ~c;l ~Z ~~ Q\ Q\ Q\ Z< .... ~...:l ~ S~ \Q 000. ~ ~ <= ~ pZ .., ><~ :~ 00 ;;o..E-o ~~ ~~ ~> PO oo.~ ~ Z 0 - E-o ~ 0 r.. 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CITY OF ARDEN lllLLS MEMORANDUM DATE: February 22, 1999 TO: Mayor and City Council . FROM: Kevin Ringwald, Assistant to the City Administrator k SUBJECT: Community Development Department Activities February of 1999 The following summarizes the activities of the Cornmwrity Development Department for February of 1999. Planninl! Commission - March of 1999 Case #99-01 Josephine East LLC, 3171 Lexington Avenue, Official Map amendment. 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 proposed a five lot subdivision, which includes the extension of Shoreline Lane to the City at the February of 1999, Planning Commission meeting. The proposed plat was not in compliance with the Planning Study that was conducted in 1992 for this area. Therefore, the applicant withdrew this request. The applicant has now submitted an application to modify the City's Official Map so as to cul-de-sac Shoreline Lane, rather than having it constructed as a through street. Protective Inspections 1. Building Permits (January of 1999). The City issued four cornmerciallindustrial permits in January. The first (#6346) was for an interior office remodel ($50,000) at 1275 Red Fox Road. The second (#6349) was for an interior office remodel ($8,000) at 1120 Red Fox Road. The third (#6350) was for a roof repair ($197,100) at 1341 Highway 96. Lastly, the fourth (#6351) was for an interior office remodel ($10,650) at 4105 Lexington Avenue. The total valuation added by these building permits was $265,750.00 with an average valuation of$66,437.50. In January, the City issued seven residential remodeling permits, which ranged in value from $6,900.00 to $58,000.00, had a total value of $137,249.00 and had an average value of$19,607.00. 2. Sign Permits (January of 1999). In January the City issued one sign permit, 99-01 (wall sign) to Hair Expressions at 3553 Lexington Avenue. Economic Development 1. Gateway Business District. The Staff met with the Indykiewicz family and their attorney on Wednesday, February 10,1999, to discuss the final framework for the acquisition of their property at 1920 Highway 96. At the conclusion of the meeting all parties were in agreement on the price to be paid for the property, business, and business equipment. The only item to be resolved was the price of the dirt, which would be dealt with after the anticipated closing date of Febniary 23, 1999. The Indykiewicz's attorney called on Wednesday, February 17, 1999, and requested additional money to pay for their appraisal. The Staffhas rejected this request as everyone had agreed to a price the previous week. The Staffhas forwarded a purchase agreement to the Indykiewicz's on Wednesday, February 17, 1999, which corresponds to the verbal agreement reached on Wednesday, February 10, 1999. The City should know by Monday, February 22,1999, whether the Indykiewicz's will live up to their portion of that verbal agreement. 2. FOX29. The Staff has not heard from the representatives ofFox29 television for several weeks. The next deadline for the Planning Commission is March 8,1999, for the April 7, 1999, Planning Commission meeting. 3. North Metro I35W Corridor Coalition. Attached is the Draft Annual Report for the North Metro I35W Corridor Coalition. 4. WisParkfI'CAAP. Staff met with representatives of Shoreview and Ramsey County on Monday, February 8, 1999, to discuss the letter the City of Arden Hills had forwarded to them related to the Wispark Draft EIS. The meeting proceeded very smoothly between all parties. The City of Arden Hills agreed to provide the City of Shoreview with its anticipated short term (next ten years) traffic volumes for County Road I so that the short term improvements to County Road I could facilitate this traffic load. The Cities and Ramsey County will enter into an agreement related to long term development opportunities, as part of the County process related to the improvements to County Road I in 1999. Code Enforcement 1. 3171/3183 Lexington Avenue. The Staff is still attempting to work with the property owner to try to resolve the outstanding code issues (two accessory structures to be razed, capping of wells, and erosion control along the lake). 2. 1875 Lake Lane. The new owner of the property is not happy that the City is proceeding with legal action (ie., getting a court date), but on the other hand the owner has made significant progress on renovating the structure and if the current pace continues should be in compliance prior to the City going before the court to get authorization to raze the structure.i 3. 1369 Forest Lane. The City has Issued a Temporary Certificate of Occupancy for the home. The property owner, Mr. Steve Nixon, continues to work on minor issues in the house so that a final Certificate of Occupancy can be granted. " . . . . , . . . . NM I-35W CORRIDOR COALITION 1998 ANNUAL REPORT , NM 1-35W Corridor Coalition In response to rapid metropolitan growth and change the NM I-35W Corridor Coalition was created in 1996 by seven diverse suburban comrmmities - Arden Hills, Blaine, Circle Pines, Mounds View, New Brighton, Rosevil1e and Shoreview. I Why Was the Coalition Formed? The Coalition has a broad and multifuceted work program, directed to resolving contemporary issues facing municipal governments in the Twin Cities metropolitan region. Among these concerns shares by individual member communities are: . Rising congestion on regional and local transportation networks; . Changing demographics; . Aging housing stock that is losing its marketability; and . Shifting economic development patterns and needs. I What Unifies Coalition Members? The sever member communities of the Coalition share more than just an association with North I-35W - they are part of a subregional setting that has been shaped by common geography, patterns of movement, economics, and cultural connections. Coalition Objeetives I The Coalition seeks to construct an interjurisdictional planning and development framework that is integrated and coordinated I at the municipal level. The effort has four primary objectives: . Expanding conventional land-use planning methods by applying livable community goals and objectives; . Approaching physical, social, and economic development issues in an integrated and multifaceted manner; . Working at a subregional level to bridge the gap between regional policies and local circumstances; and . Implementing the policies and strategies outlines in the Metropolitan Council's Regional Blueprint. I I To begin this work, the Coalition 1annched two major initiatives in late 1997: . Development of a subregional Geographic Information System (GIS) that is accessible to member communities; and . A Comprehensive Livable Community . Urban Design and Transportation Study that also addresses socioeconomic and environmental implications for the subregion's residents, businesses, and educational and cultural institutions. At the heart of the Coalition's work is its concern for maintaining and enhancing quality of life in its communities as the region continues to evolve. Subregional Urban Design and Planning Framework The Coalition has bundled its activities into the following three livable community work areas that furm a "Subregional Urban Design and Planning Framework." 1 NM I-35W CORRIDOR COALITION 1998 ANNUAL REPORT . Building Metropolitan Towns: joint action that strengthen and create connections - physical, social, and economic - among member communities. . Redefining Metropolitan Competitiveness: cooperative strategies that position the subregion to attract economic development and support a local economy that values and thrives in livable communities. . Ensuring Healthy Neighborhoods: coordinated initiatives to build neighborhoods that support individuals and families throughout their life cycles. Currently, the Coa1ition is building a common base of information and data from which it can coordinate planning and implementation programs at the subregional level The first and second phases of the GIS initiative have been completed. This puts into place the technological capability to share information across political borders and between departments and agencies. The Coalition commissioned Stage 1 studies in the areas of transportation, transit and land use, housing, natural resources, socioeconomic demographics, the environment and community outcomes. With the information obtained from these studies along with data and applications from the GIS initiative, the Coalition will continue to refine and augment its subregional livable community urban design and planning framework and will begin to implement subregional programs and policies. Funding Through Strong Public and Private Partnerships "' \ . . In 1998 the Coa1ition received fhndine assistance to implementation its Work Plan from a variety of public and private sectors. These partnerships validate the importance of working together toward a subregional model for pl""ning. The funding partners include: . Minnesota Legislature . McKnight Foundation . Metropolitan Council, through its Livable Community Demonstration Account and a grant to assist the Coalition in its sub-regional planning efforts . MetroGIS to assist the Coalition complete its Phase II GIS work plan . MnDOT . Ramsey County . Northern States Power Co. . Minnegasco . In addition, the Design Center for American Urban Landscape, University of Minnesota, committed in-kind services to complete the Coalition's' Comprehensive Livable Community Urban Design and Transportation Study - Phase I, Track 1 Report. Member Community Commitments l Coalition members invested hundreds of hours of staff time, membership dues and thousand of do11ars of supplies and related resources to initiate this effort. There is trn1y a coordinated connnitment to the mission of the Coalition by each member community. I Coalition Organizational Structure I . 2 , . . . NM I-35W CORRIDOR COALITION 1998 ANNUAL REPORT The Coalition conducts its business under a Joint Powers Agreement and related by-laws. The Coalition has a Board of Directors comprised 14 members. Each city has two voting board members, currently the Mayors and City Managers and/or Administrators serve as directors. Coalition officers in 1998 included . Robert Benke, President, Mayor of New Brighton, . Dennis Probst, Vice President, Mayor of Arden Hills, . Matt Fulton, Secretary and Treasurer, City Manager, New Brighton, . Kevin Locke, Chair of the Community Development Committee, Community Development Director, City of New Brighton, . Joseph D. Strauss, Vice President and Administrator, Strauss Management Company. The Board met monthly in 1998 and the Community Development Committee comprised of each city's Commnnity Development or EDA director typically met twice per month. I Coalition 1998 Major Accomplishments I Major accomplishments in 1998 include: . Completion of Phase I, Track 1 I-35W Corridor Coalition Comprehensive Livable Community Urban Design and Transportation Study - May 1998 . Hired BRW to conduct the Coalitions' Stage 1 Transportation and Transit Study . Hired GES to develop a governmental relation strategy to properly position member transportation and transit projects in various state and regional funding cycles and decision-making processes . Hired Nancy Reeves & Associates to conduct the Coalitions' Stage 1 Housing Inventory Study . Hired The Lawrence Group to conduct the Coalitions' socioeconomic- demographic study . Completed the Coalitions' Phase 2 GIS work plan . Create a "on-line data warehouse" that can be used to display information at all scales, ranging from the individual parcel to subregional networks . Hired PlanSight, Inc. to operate as the Coalitions' GIS Coordinator . Purchased a Coalition computer server structured to house all of the Coalitions' data systems and located it at the city of Rosevi11e . Developed GIS user license and sublicense agreements . Established policy on GIS data access/use/dissemination . Established Community Partners Program . Met with city stafIS to share infurmation on Coalition activities and work plan . Presented Coalition's Work Plan and Accomplishments to individual legislators and to Metropolitan Govermnent Committee in the House and Senate . Approved a detailed financial reporting system . Secured additional filMing Coalition Good News I 1998 A Year on Deve1oprnent: . Buik1ing permits (7,518) up 32% over the six year average 3 NM I-35W CORRIDOR COALITION 1998 ANNUAL REPORT . Total new investment in the Community over $215M, up 11% from the six year average . New commercial/industrial construction up 29% to $46M over the six year average of $36M . Renovation of commercial/industrial space totaled $40M . The value of new honsing was up 46% to $89M from $61M over the six year average I Coalition Demographic Update I The NM I-35W Corridor Coalition is the 3rd largest community in Minnesota by way of population with over 155,000 residents. The Coalition is located in 3 counties and 6 school districts. With 83 square miles of land there are 55,000 homes, 4,000 businesses with 85,000 jobs. There are 775 miles of streets, 43 miles of rail line, 3,000 acres of public parks and open space and 16,500 acres of lakes and wet1ands. I 1999 Coalition Work Plan I The Coalitions' 1999 Work Plan includes the following: . Implement GIS training program for all designated member staff . Implement new and innovative GIS applications such as .,.. web-based mapping tools for Coalition members and the public .,.. develop 1inks to other sources of information, e.g., the Organi7"tion of Commercial Reahors and .,.. create innovate methods to automatica1ly update the data base I . .,.. Develop GIS protocol for the protection, use and distribution of the data . Support GIS Coordinator project . Coordinate Coalition GIS System with MetroGIS, Anoka and Ramsey Counties and other interested governmental agencies . Implement Phase I, Track 2 of the Coalition's Comprehensive Livable Community Urban Design and Transportation Study - specifically to construct an interjurisdictional planning and development framework that is integrated and coordinated at the municipal level . Implement a Stage 2 Transportation and Transit Study . Implement a Stage 2 Housing Study . Implement a Stage 1 Environment Study . Implement a Coalition coordinated marketing program . Implement a Stage 2 Socioeconomic- Demographic Study . Adopt a Code of Ethics to foster trust and mutual respect among members when dealing with issues of economic development and redevelopment . Probe ways in which subregional plllnning could be conducted . For Additional Information please call: Matt Fulton Vice President - Secretaryrrreasurer City Manager - City of New Brighton 612-638-2100 Joseph D. Strauss Vice President - Administrator 612-493-8450 . 4 e e e CITY OF ARDEN HILLS MEMORANDUM DATE: February 18, 1999 TO: Brian Fritsinger, City Administrator Dwayne Stafford, Public Works Director~. Monthly Department Head Report FROM: SUBJECT: Public Safety Commis.~ion At the next meeting, scheduled for Thursday, Febrnary 18'" at City Hall, the agenda includes discussion of the locations, wording, and number of signs to be installed referencing the new overnight parking ordinance adopted at the February 8'" City Council meeting. Maps with traffic counts have been provided to commission members for assistance with this project. Round Lake Road. Phase I Project Negotiations have been continuing with two local excavating contractors to sell the Indykiewicz dirt piles. Test holes will be dug in the piles this week to determine the content and value of the soil. At this time, staff is leaning toward recommending to Council acceptance of the low base bid, plus the landscaping alternate on Phase 1. Staff would then sell the excess dirt, independent of the Phase I project. Lift Station No.3 Good progress was made on lift station number 3 reconstruction this past month, and if all goes well, the new station should be in operation within a week. Public Works employees inspected the mechanical portion and control panel of the new station along with City Engineer Brown and work to-date looks good. The City provided pea rock from seal coat sweepings for bedding around and under the lift station to ensure a stable foundation. Public Works Department The department has not had that much snow to plow this month, but the same amount of salt and sand was used as if we had lots of snow. Whether we have 1/4" of sleet, 1" or I' of snow, about the same amount of sand/salt mix is used, and it seemed like we have sanded every other day. Memorandum, Monthly Department Report Page Two February 18, 1999 e Other department activities this past month included: . Installation of new stop sign and removal of another as per Council action . Several lift station repairs . Cleaned drainage ditch between Gale Circle and 1-694 . Pot hole patching . Clearing sewer easement west of Chatham Addition . Several hydrant repairs Parks and Recreation Department The City ice rinks are now officially closed for the season, along with the warming houses. If an extended cold period returns, the rinks may be flooded and groomed again if they appear salvageable. However, warming houses wilJ remain closed for the season. Other department activities this past month included: . Removal of colJapsing wing wall attached to outside of maintenance garage . Trail trimming and chipping brush and branches . ModifYing some of the parks maintenance equipment Public Works Director Activities e The folJowing are some of the various activities the Public Works Director has been involved with this past month: . Monitored street conditions for plowing and ice control . Revised water meter repair scheduling practices to become more efficient . Created wording for Lake Josephine Ordinance sign with Roseville staff and ordered sign . Solicited bids on Indykiewicz dirt . Worked on specifications for sewer easement and sewer vacuum cleaning machines . Y2K problem assessment and identification . Round Lake Road, Phase I . Ramsey County tumback issues DS/sls e