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Home My WebLink AboutCCP 04-26-1999 r . . . FILE CITY OF ARDEN HILLS 4364 WEST ROUND LAKE ROAD ARDEN HILLS, MN 55112-5794 AGENDA CITY COUNCIL MEETING, CITY HALL MONDAY, APRIL 26, 1999, 7:30 P.M. 7:30 P.M. 7:30 P.M. 7:30 P.M, 7:30 P.M. 7:35 P.M. THE REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) IS CANCELED 1. Call to Order 2. Approval of Meeting Agenda 3. Approval of Minutes 1. March 29, 1999 Regular Council Meeting 2. April 12, 1999 Regular Council Meeting 3. April 19, 1999 Council Worksession 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 Consenl Calendar formal. There will be no separate discussion of these items, unless a Council member so requests, in which event, the ilem will be removed from the general order of business and considered separately in its normal sequence on the agenda. a. Claims and Payroll b. Change to Summer Hours c. 1999 Business License Renewal 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 distribuled to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. PHONE: 16121633.5676 . FAX 16121633.7839 AGENDA - PAGE TWO . CITY COUNCIL MEETING, CITY HALL MONDAY, APRIL 26,1999,7:30 P.M. 7:40 P.M. 8:40 P.M. 8:50 P.M. 9:00 P.M. 6. Unfinished and New Business a. City Hall, AudioNisual Budget Discussion b. Planning Cases 1. Case #99-02, Ralph Hines, 1700 Valentine Avenue, Minor Subdivision 2. Case #99-06, CSM (DynaMark), 4295 North Lexington Avenue, Preliminary Plat and Variance c. Ord. #310, An Ordinance Relating to the Sale; Possession, and Use of Tobacco Products and Tobacco Related Devices in the City of Arden Hills d. Res. #99-13, Formalizing the 1999 Arden Hills Committee Structure e. Authorizing Bid for Residential Water Meter Replacement 7. Administrator Comments 8. Council Comments and CommitteelDepartment Activity Reports . 9. Adjourn The above times may vary depending upon length of issue discussion. Tentative Mav Meeting Scltedule Meeting dates, times and locations are subject to change. Please contact City Hall for the most current schedule. May 5 Planning Commission 7:30 P.M. May 10 Council Meeting 7:30 P.M. May 17 Conncil Worksession 4:45 P.M. May 18 Parks & Recreation 7:00 P.M. Committee May 24 Economic Development 7:00 P.M. Authority May 24 Council Meeting 7:30 P.M. May 25 Parks & Recreation 7:00 P.M. Cominittee May 26 1-35W Corridor 5:30 P.M. Coalition Board Meeting May 26 Communication 6:00 P.M. Committee Tentative June Meetinl!'Scbedule Meeting dates, times and locations are subject to change. Please contact City Hall for the most current schedule. June 2 Planning Commission 7:30 P.M. June 14 Council Meeting 7:30 P.M. June 21 Council Worksession 4:45 P.M. June 22 Parks & Recreation 7:00 P.M. Committee June 28 Economic Development 7:00 P.M. Authority June 28 Council Meeting 7:30P.M. June 30 Communications 6:00 P.M. Committee 04/23/99 FRI 15:25 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills ~001 $$$$$$$$$$$$$$$$$$$$$ *** TX REPORT *** $$$$$$$$$$$$$$$$.$.$$ 3655 6124219511 04/23 15:22 02'42 7 OK U4/23/99 FRI 15:28 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills ~001 *$************$***$$$ *** TX REPORT *** ********************* 3657 6286833 04/23 15:27 00'45 2 OK 04/23/99 FRI 15:26 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . C1LY of Arden HIlls III 001 ********************* $$$ TX REPORT $$$ ********************* 3656 6339550 04/23 15:25 00'43 2 OK 04/23/99 FRI 15:30 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills 1@001 *****$$$$$$$$$$$$$$$$ *** TX REPORT *** $$$$$$$$$.$$$$$$...$$ 3658 6333846 04/23 15: 28 01'23 2 OK 04/23/99 FRl 15:31 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 *** ********************* 3659 4810551 04/23 15:30 01'04 2 OK 04/23/99 FRI 15:33 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . CIty of Arden Hills 1aJ00i ********************* *** TX REPORT *** ********************* 3660 6122279371 04123 15:32 01'01 2 OK 04/23/99 FRI 15:34 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills ~OOI ********************* *** TX REPORT *** ********************* 3661 4821262 04/23 15:33 01'01 2 OK 04/23/99 FRI 15:22 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 *** $$$$$$$$$$$$$$$$$$$*$ 3654 6123701378 BRW. INC. 04123 15:21 00'54 3 OK 04/23/99 FRI 15:20 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 *** ********************* 3653 6461220 KMWB WB23 MPLS M 04/23 15:19 00'54 3 OK ~ .~ e e e CITY OF ARDEN HILLS MEMORANDUM DATE: April 23, 1999 TO: Mayor and City Council f?S) Brian Fritsinger, City AdministratoW Administrator Comments for the April 26, 1999 Council Meeting FROM: SUBJECT: THE REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) IS CANCELED. 1. Approval of Minutes The City Council is asked to approve the Minutes of the March 29,1999 and the April 12,1999 Regular Council Meetings, and the April 19, 1999 Council Worksession. 2. Consent Calendar a. Claims and Pavroll The City Council is asked to approve vendor claims in the amount of $93,037.96, and payroll for the period most recently ended. The Council should note payment to BRW, Inc. in the amount of$12,2l7.17 for March engineering services; to Architectural Alliance in the amount of$7,214.25 for professional services; to Electronic Interiors, Inc. in the amount of $3,257.4 0 for designing the A V system for the new City Hall; and to MCES in the amount of $36,627.49 for May sewer charges. b. Chanee to Summer Hours The City Council is asked to authorize the implementation of a change in the normal workday for the City for the time period of June 1, 1999 through September 3, 1999. c. Business License Renewal The City Council is asked to approve the last outstanding business license for 1999. .... .. Administrator Comments for the April 26, 1999 Council Meeting Page Two April 26, 1999 e 3. Unfinished and New Business a. Citv Hall AudioNisual (A/V) Discussion The City Council is asked to review the suggestions of the AfV Consultant, Electronic Interiors, Inc., and provide direction as to the level of AfV the Council would like to see at the new City Hall. b. Planninl! Cases 1. Case #99-02. Raloh Hines. 1700 Valentine Avenue. Minor Sub. The Plarming Commission is recommending approval of Planning Case #99-02, Minor Subdivision subject to six (6) conditions. 2. Case #99-06. CSM. 4295 N. Lexinlrton Ave.. Preliminarv Plat and Variance The Plarming Commission is recommending approval of Planning Case #99-06, preliminary plat, including variances for a zero building setback where 20 feet is required, zero parking setback where five feet is required, and to allow the use of a private drive rather than a public street, subject to three (3) conditions. e c. Ordinance #310. Tobacco Products The City Council is asked to adopt Ordinance #310, Relating to the Sale, Possession, and Use of Tobacco Products, and Tobacco Related Devices in the City of Arden Hills, and direct the City Administrator to publish a sunrmary of such ordinance. d. Resolution #99-13. Committee Structure The City Council is asked to adopt Resolution #99-13, Formalizing the 1999 Arden Hills Committee Structure, and direct staff to send a notice of meeting on May 17, 1999 to all current and prospective committee members. e. Residential Water Meters The City Council is asked to authorize staff to proceed with bidding for the residential water meter replacement project. 4. Deoartment Reoort The City Council will find the department report enclosed for each of the various City Departments. Activities related to the Administration Department include: e . " e e e Administrator Comments for the April 26, 1999 Council Meeting Page Three April 26, 1999 . General Administration Miscellaneous items worked on during March included: . Business License Renewals Staff completed the 1999 business license renewals. This also included the processing of animal control and rubbish hauler licenses. . Tobacco Ordinance Staff worked with the City Attorney to finalize the proposed tobacco ordinance. This ordinance meets all minimum requirements being mandated upon the City by the State of Minnesota. . 1999 Committee Restructurinl!: Staff worked with the City Council on finalizing the various changes to the 1999 committee structure. This included the creation of new committees and task forces, clarification of the role of the committees and all participants, and the process to be followed on the transition. . Citv Facilities UDdate Over the past month, staffhas continued to contact various Army officials to try and determine the status of the land transfer between the Army and the MN Army National Guard. From all appearances, the transfer is nearing completion; however, the process is taking much longer than anticipated. In regards to the specific plans for City Hall, staff has met with the architect and AIV consultant to discuss the feasibility of reducing the AIV budget. The Public Works Director also prepared some additional information on the proposed utility improvements, which should be helpful once the project is awarded. . Newsletter Committee The committee is currently working on the May, 1999 edition. The Committee prepared and delivered the April edition. . Communitv ReDresentations As City Administrator, I've attended a variety of meetings representing the City this past month, including TUG; I-35W Corridor Coalition; Rotary; North Suburban Cable Commission; and MnDOT. . " Administrator Comments for the April 26, 1999 Council Meeting Page Four April 26, 1999 e . Communitv Develooment . Countv Road IlHil!bwav 96/MNDOT Imorovements Staff participated in meetings with City of Shoreview, Ramsey County, and MnDOT officials to discuss the WisPark road connection to County Road I. MnDOT has agreed to allow the frontage road to connect to County Road I. They continue to express their concern about the number of interchanges in the corridor area, and see a need for this to be addressed in the future. . Personnel The office layout was rearranged in order to accommodate incoming personnel. . Buildinl! Insoector Position Staff has been working with the City of Shoreview on the preparation of a Memorandum of Understanding between the two cities in order to share this position. In addition, staff has also been involved in the creation of the job description and review of applications. Interviews are expected to take place over the next several weeks and hopefully someone hired in May. . Parks Director Position Torn Moore began working with the City on April 5, 1999. We have done some brief background and training of the Director position; however, Mr. Moore has been actively working on the various Recreation Program Supervisor duties and has been focusing his attentions in that area. e . Recreation Prol!Tam Suoervisor Position The City advertised for and received 108 applications for this vacant position. After reviewing these applications, five individuals have been selected for interviews next week. Staff is still hopeful that a new replacement can begin their duties with the City sometime in early May. . Park Develooment . Bethel Park Staff met with Bethel College and Ramsey County officials to discuss potential improvements or changes to Old Snelling Avenue. These improvements are being considered in an effort to enhance pedestrian safety. Should the project proceed, the City Council will need to evaluate any improvements in this area as it relates to the type of improvements identified in the city's Comprehensive Plan. e .. y , e e e Administrator Comments for the April 26, 1999 Council Meeting Page Five April 26, 1999 The Parks & Recreation Commission will be discussing the neighborhood meeting process at its April 27, 1999 meeting. The neighborhood meeting is still tentatively scheduled for May 18, 1999. . Arden Manor Park Several Arden Hills residents who do not live within the Mobile Home Park, but who have indicated support of the improvements being proposed have contacted staff. The Parks & Recreation Commission will discuss this issue further on April 27, 1999. . Countv Road F/Hamline Avenue Trail Grant As a result of a meeting with MnDOT on April 6th to discuss potential future improvements to Hamline Avenue, (part of the proposed 1-694 improvement project), staff is re-evaluating the County Road F Trail project. The City had been awarded a grant from the MnDNR in the amount of $50,000 to fund approximately fifty percent (50%) of this project. Staff is concerned that future improvements to this area will require the trail to be destroyed or relocated. Staff will be discussing this with the Parks and Recreation Commission on April 27th, and possibly with the City Council on May 10, 1999. A ~ e e e DRAFT l\flNUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING MARCH 29, 1999 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:27 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Gregg Larson, Paul Malone and Lois Rem. Absent: None. Also present were City Administrator, Brian Fritsinger; Assistant to the City Administrator, Kevin Ringwald; City Accountant, Terrance Post; Associate Planner, Nancy Randall; Finance Committee Representative, Chuck Mertensotto; and Recording Secretary, Lori Rolfson. ADOPT AGENDA MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to adopt the agenda for the March 29, 1999, regular City Council meeting, as submitted. The motion carried unanimously (5-0). BOND REFERENDUM - MOUNDS VIEW SCHOOL DISTRICT NO. 621 REPRESENTATIVES . Dr. Ian Witthuhn, Superintendent . Mr. Gary Borg, School Board Member . Mr. Fred Fox, Vote Yes Committee Representative Mr. Fox stated that the purpose of this presentation was to build awareness of the Bond Referendum issues. He stated that the City Council is a very important group and he hopes to have their individual support. Mr. Fox invited Mr. Borg to explain the process of how the Bond Referendum, which will be voted on May 25, 1999, had reached this point. Mr. Borg explained that in 1996, an architectural fIrm was used to review the conditions of the buildings within the School District including the roofs, windows and parking lots, etc. The architectural fIrm came back with $100 million dollars worth of recommendations. At this point, individual building committees, made up of parents, teachers and building administrators where established in each of the buildings. These Committees reviewed the buildings from a standpoint of what is needed to educate the children. One primary concern was the environmental health of each building. One building had been closed in the past for one ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 DRAFT 2 . month due to poor air quality. A special committee was established to review the air quality. _ The reason for the poor air quality in schools has to do, not only with the age of the buildings, ,.. but also with the fact that the buildings hold a large population of people in small spaces. An additional group formed as part of the process was an Athletic Facility Task Force. lbis Task Force brought in more community involvement from the Athletic Associations and considered the broader needs of the community athletic facilities. A Facilities Task Force was formed made up of parents, the Mounds View Education Association, and building administrators. This Task Force gathered the information provided by the other committees and Task Forces and made another review of the buildings themselves, in order to prioritize the needs of the School District. The results were a total of$125 million dollars in upgrades and improvements. The School District did not believe this was achievable through a Bond Referendum. Mr. Fox stated that the most important part of the Facilities Task Force was that community leaders, not just the School District, shared it. The input from the Building Committees was more site related, where as the Task Force compared each building to determine where the strongest needs are. Mr. Fox referred to the Newsletter submitted to the City Council. He stated that the information contained in the Newsletter included lists of the recommended upgrades and the cost factors associated with them. lbis information is the result of the Task Force master plan. e Mr. Fox slated that he was not a part of the Task Force and the one thing which impressed him the most was that there were no frivolous recommendations, rather they were simply upgrades and repairs to the facilities. He was also impressed by the openness and inclusiveness the entire process involved and the fact that it has become a community Bond Referendum. Mr. Borg slated that the recommendations were given to the School Board in January 1999. The School Board met to review these recommendations several times. As a group, the School Board was very impressed with the thoroughness and the methodology used in terms of prioritization. The School Board made few modifications to the recommendations. The parents had been hoping to get more money than what the School Board had considered its top amount. The School Board used the resources provided in order to get a feel for what the community's tolerance level would be. It was determined that the average home in the community could handle an approximate $10.25 per month ($125 per year) tax increase for a 20 year Bond Referendum. The School Board had been considering a new Administrative Facility and this was taken out of the recommendations. The recommendations had included the purchase of computers as a necessary part of the Referendum. The School Board had been concerned about purchasing computer equipment over 20 years, which would be obsolete in five years. These dollars were removed and more gym space was added per strong community needs. e . e e e ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 DRAFT 3 The actual facility costs in the total package would be $84.9 million dollars. $1.3 million dollars would come from interest income, $3 million dollars would come from District Capital expenditures, and $600,000 would come from Cities and Athletic Associations. The remaining $80 million dollars would be raised by the Bond Referendum. The primary improvements being considered include the maintenance of the deteriorating facilities; improving the air quality; upgrading the athletic facilities; and upgrading the technology infrastructure and instructional programs of science, math and music facilities. The two schools serving Arden Hills will be greatly improved by the Bond Referendum. Major upgrades are being proposed to both the Mounds View and Valentine Hills facilities. Mr. Fox stated that the School Board passed the proposal in late January 1999. In February, the Vote Yes Committee was organized as a citizens group with finance, strategy and marketing volunteers. Considering the strong community involvement, Mr. Fox indicated that he was confused by where any opposition would come from, other than those who simply are opposed to higher taxes. Special brochures had been prepared for each of the communities involved in order to demonstrate how the Referendum relates to their particular needs. Additionally, the Vote Yes Committee will be providing a video, phone banks will be set up, and block parties and building tours will be organized. Mr. Fox noted that he has done a great deal of local volunteer work over the last three to five years and he has found it difficult to get people involved in volunteer work. He indicated that the number of people working on the V ote Yes Committee for the Bond Referendum impressed him. Mr. Fox indicated tours have been scheduled for the two Arden Hills schools. The tour of Valentine Hills will be April 26, 1999 from 6:30 p.m. to 8 :00 p.m. The tour of Mounds View will be May 4, 1999. Councilmember Malone asked if the air quality issue would involve the wholesale replacement of all heating units. He also asked if the current heating units are original. Dr. Witthuhn stated that the heaters are original and it is correct that they would all be replaced. She indicated that the School Board felt very strongly that the air quality was a serious enough issue to address in this manner. She noted that, over the years, the equipment has been repaired, however, often times patching old equipment with new parts does not work properly. Dr. Witthuhn slated that the buildings have the old AUnivent systems that were meant to circulate air at a certain rate. This circulation rate had been acceptable at the time; however, it is no longer acceptable. Additionally, some of the units are no longer working up to their original capacity. Councilmember Malone asked if the deferred maintenance program would include the windows and roofs. Dr. Witthuhn explained that this program covers a variety of items that would be explained in more detail on the tour. Some items are not things that are obvious, such as DRAFT ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 4 .. carpeting which is duct taped down in some areas. Additionally, the parking lots have large holes that have been patched for some time and now the lots need to be replaced. e Dr. Witthuhn explained that three years ago a district wide study group looked into why the School District was falling behind on maintenance. One conclusion was that $1 million dollars per year in capital funds is not enough. One half of this money is used each year for textbooks, computer software and other capital expenditures. This leaves one half of a million dollars to spend on maintaining the facilities and this money does not go very far. As a result of the district wide study, the School District created a Board policy to set aside a percentage of the one million dollars to address deferred maintenance issues. Councilmember Malone confirmed that the $80 million proposed for the Bond Referendum is based on estimated costs. Dr. Witthuhn stated that this was correct. Councilmember Malone asked what would happen if the actual costs were less, such as $70 million dollars. Dr. Witthuhn stated that the School Board would have two choices. Either additional needs could be considered, or it could be decided not to sell the Bonds and retire them early. Councilmember Aplikowski requested additional information regarding the flexible instructional space being proposed for the elementary schools. Dr. Witthuhn explained that in the past, classrooms had involved 20 to 30 students with one teacher. Now, there are times throughout the day when children meet with specialists. Public schools have been given many tasks over the last 20 years including physical therapy, occupational therapy and various counseling work and . other Federal Programs designed to work with at-risk students. These programs involve small groups of students who leave their classrooms for part of the day for special services. One of the challenges is where to conduct these special services. The flexible instrUctional space allows walls to be redesigned and moved around to readjust the layout of rooms as needs change. Additionally, as class sizes change, and possibly get smaller, this approach would allow rooms to be made smaller at minimal cost. Councilmember Aplikowski asked if this process would involve tearing down the current walls inside the buildings. Dr. Witthuhn stated that this would vary from site to site. One issue is the need for a large media center that is not available in all locations. In order to provide this space, some areas must be retrofitted to be made larger and some areas would be made smaller. Councilmember Larson noted that school districts tend to go through ebbs and flows with regard to student population. He asked what the future looks like for the School District 621 population over the next 20 years. Dr. Witthuhn stated that School District 621 has been very stable over the years and is, for the most part, fully developed. She noted, however, that the future status of the Arsenal could impact this. The large population of students is now moving from the Middle Schools into High Schools and the elementary classes are somewhat smaller. Over the last several years the School District has been turning away students from other districts wishing to come in under open emollment. Therefore, even if a small number of spaces were available . within the District, students outside the District would fill them. . e e e ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 DRAFT 5 Mayor Probst stated that he had attended other briefings and been involved with City Staff in reviewing the athletic facilities. He also has two children working their way through the School District system. Based upon his personal experience, he stated that there are clearly needs beyond those that will be fulfilled by the Bond Referendum. Although much of the School District is newly developed, the school buildings are quite old and many of the systems are problematic. One issue with the Bond Referendum is that a large portion of the money would be spent on things that are not seen. Mayor Probst offered his advise that it may be important to separate the Bond Referendum issues from the dollars being spent from operating funds as most citizens do not understand that these funds do not mix. Mayor Probst stated that he would lend his personal support to the Bond Referendum. APPROVAL OF MINUTES A. March 8, 1999, Regular Council Meeting B. March 15, 1999, Council Worksession Mr. Fritsinger requested the following changes to the March 8,1999, Regular Council Meeting minutes: On page 14, fourth paragraph from the bottom, the figure $485,000 should be $465,000; on page 14, third paragraph from the bottom, the last sentence should state A...may be expected to use other funds to make these repairs, or the department must postpone other planned improvements. Mr. Fritsinger requested a change to the March 15, 1999, Council Worksession minutes. Ort page three, third paragraph from the top, the first line should read A...Colleen Avenue which tends to..." In the same paragraph, the third line should read, "location within the easement;...". The last word of this paragraph should be changed to "for restoration". MOTION: Councilmember Aplikowski moved and Councilmember Malone seconded a motion to approve the meeting minutes of the March 8,1999, Regular Council Meeting and the March 15, 1999, Council Worksession, as amended. The motion carried unanimously (5-0). CONSENT CALENDAR A. Claims and Payroll B. Regular Employee Statues, Susan Holmes, Department Secretary C. Probationary Appointment, Thomas Moore, Parks and Recreation Director D. Approval of Un budgeted Operating Transfers for 1998 MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 PUBLIC COMMENTS DRAFT 6 . e Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. There were no public COmments. UNFINISHED AND NEW BUSINESS A. Planninl!: Cases 1. Planning Case #98-33, Josephine East LLC, Shoreline Lane Area, Official Map Amendment Ms. Randall explained that the applicant was requesting approval of an amendment to the City's Official Map, creating a cul-de-sac roadway system on Shoreline Lane, approximately 600 feet north of County Road D, and a dead-end approximately 270 feet south of Edgewater Road. The area is zoned R-2 Single Family Residential District. The applicant recently submitted a preliminary plat showing the extension of Shoreline Lane. At the February 3, 1999, Planning Commission meeting the applicant withdrew their application to pursue an amendment to the Official Map. In 1991, the City Council and Planning Commission discussed preserving the future street _ extension of Shoreline Lane as part of the Hanson Plat. The Hanson Plat was designed and ., approved with the intent that Shoreline Lane would continue and connect to the south portion of Shoreline Lane in the future. The current proposal for the area includes a cul-de-sac, which fits within the standard right-of-way boundaries as a temporary solution. In order to preserve the street extension, the City Council directed the City Engineer and Planner to prepare an Official Map of the Shoreline Lane area. The City of Arden Hills conducted a study of this area in 1992. The purpose of this study and Official Map procedure was: 1. To establish and protect appropriate aliglUUents for future streets in this area. 2. To guide landowners 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 1993, the City Council amended the Official Map indicating that the connection of Shoreline Lane would be via a straight through alignment. Some of the reasons for the adoption of the straight through alignment were to improve the traffic pattern and safety access in the area. e . e e e ARDEN HIILS CITY COUNCIL - MARCH 29, 1999 DRAFT 7 The applicant submitted a proposal showing a cul-de-sac on the south section of Shoreline Lane. The resulting cul-de-sac would be 600 feet long when 500 feet is the maximwn length per the Subdivision Ordinance. The cul-de-sac shown appears to be a 50 foot radius when the Subdivision Ordinance requires a 60 foot wide radius for cul-de-sacs. The extension of the north section of Shoreline Lane is shown with no change to the existing dead-end configuration. The applicant has submitted advantages and disadvantages as depicted in the previous Official Map study. Disadvantage number three states that the northerly cul-de-sac "only partially resolves the dead-end situation to the north." The Staff would conclude that the failure to plan for the northerly cul-de-sac is not an acceptable solution. Staff created two options which show how a 60 foot wide radius cul-de-sac, meeting the Subdivision Ordinance, may look if placed on the north section of Shoreline Lane. Staff also depicted a 60 foot wide radius cul-de-sac on the south section of Shoreline Lane. Option A shows a 60 foot wide radius cul-de-sac from the south, similar to the applicant's proposed 50 foot wide radius cul-de-sac. Option A also shows a 60 foot cul-de-sac from the north expanding beyond the' Bachman property creating a need to acquire property from the Josephine East LLC property. Parcel three of the applicant's property would be reduced below the standards to 10,235 square feet with a reduced buildable area. Option B shows a standard 60 foot cul-de-sac from the south. From the north the cul-de-sac was moved up which encroached into the Hanson Plat. There is one existing house, which would just meet the required 40 foot front yard setback. The property to the west of Shoreline Lane does not currently have a building permit. A cul-de-sac in this location would reduce the buildable area of this property and make any future home nonconforming. Both City sewer and water utilities currently run through the area with easements. The proposed alignment would have utilities crossing through lot three of the applicant's property that may cause variances to be requested. In the fall of 1998, a private sewer line was constructed on the Hanson Plat that was to be temporary until Shoreline Lane was constructed and sewer and water were relocated. Staff has received six letters from residents pertaining to development in this area and these letters had been included in the Council's Agenda packet. Ms. Randall advised that the Planning Commission recommended approval of Option A, as presented in the Staff report, conditioned on it being acceptable to the City Engineer. This Option depicts the double cul-de-sacs on the applicant's and the Bachman properties. Ms. Randall noted that the Planning Commission did not make a motion to approve the applicant's proposal. Per the Planning Commission's motion, the City Engineer has submitted comments pertaining to the proposal and options. The City Engineer has recommended that the City's Official Map not be changed due to several concerns. ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 DRAFT 8 Staff has compiled information as to why the straight through alignment should be supported: the e length of the proposed cul-de-sac is longer than allowed and there are other options which could eliminate this; emergency vehicles could service the area better with the straight through alignment and road maintenance would be easier; the alignment would create a link to Ingerson Park; and school buses would be able to maneuver in the area as they are currently stopping on Lexington Avenue. Staffhas also notified the owners of the property along Shoreline Lane in the Hanson Plat and Bachman property of the cul-de-sac options that were discussed and recommended at the Planning Commission meeting. The applicant submitted a letter March 12, 1999, explaining their view of the action taken by the Planning Commission. The applicant disagrees with Option A. Ms. Randall advised that, pursuant to State Statute, a two-thirds vote of all the Councilmembers is required to adopt this amendment to the Official Map. Mayor Probst asked Ms. Randall to show which land the applicant controls and which Mr. Bachman owns. Ms. Randall referred to the areas on the overhead map. Mayor Probst confirmed that Mr. Bachman was not participating in the discussions. Ms. Randall indicated that this was correct. e Mayor Probst confirmed that either of the double cul-de-sac options would require easements over the existing utility lines running through the property. Ms. Randall indicated that this was correct. Mayor Probst confirmed that the action before the Council is whether or not the Council is willing to consider a revision to the Official Map. Ms. Randall stated that this was correct. Councilmember Malone noted that Shoreline Lane dead-ends at the Bachman property with a small, 40 foot diameter cul-de-sac. He asked how wide the right-of-way is at the northern point of the Bachman property. Ms. Randall stated that the right-of-way is 50 feet. Councilmember Malone noted that the temporary cul-de-sac does not touch the right-of-way. He asked, if the Official Map is not amended, what would the size of the applicant's proposed lot three be and if, in theory, this layout would work. Ms. Randall stated that, in theory, the lot the layout would work, however, lot three would require a width variance. Councilmember Malone asked how far it is from the east side of the Shoreline Lane right-of-way to Lexington Avenue. Ms. Randall stated that it is 260 feet. Councilmember Larson confirmed that the Attachment 1/9 of the Staff report was a schematic which had been put together in the early 1990's by the City's consultant, and is not what the developer is proposing. Ms. Randall stated that this was correct. e e e e ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 DRAFT 9 Councilmember Larson confirmed that the property configuration with five parcels, as shown on Options A and B, is what the developer is proposing. Ms. Randall stated that this was correct. Councilmember Rem requested confirmation of what is being requested of the City Council. Is the request simply to change the Official Map, or is the Council expected to also decide the property configuration. Mr. Fritsinger stated that the request on the table is an amendment for the proposal that the applicant has made. The Council is to determine whether to leave the Official Map as is with the straight through alignment, or amend the Official Map with a different configuration as either suggested by the applicant or the Planning Commission. Mayor Probst invited the applicant to add any additional information he may have at this time. Mr. Frank Rekuski, 3170 Hamline A venue, stated that at this point there appears to be three options. Two choices include double cul-de-sacs, which is not an acceptable solution. The other choice is to extend the road with the straight through alignment, which the neighbors do not want. He suggested the best option might be to leave the Official Map as is and allow the construction of a temporary 50 foot radius cul-de-sac. It is unknown whether the two dead-ends will ever be connected and this option would result in temporary cul-de-sacs to both the north and the south and resolve the issue of changing the Official Map. Mr. Rekuski stated that, ifhe were allowed to construct a temporary 50 foot cul-de-sac, he would only be able to develop the parcel with four lots rather than five as proposed. He indicated he has two clients ready to build homes and a third who is waiting to sign the purchase agreement. If the only solution were to leave the map as is and construct two temporary cul-de-sacs, he would be willing to give up the fifth lot to resolve the issue. With regard to the history of the area, Mayor Probst stated that he had been serving on the Planning Commission when the property to the north was being subdivided with one access from the existing street. The concern at that time was that if this were allowed, the other oversized lots might subdivide and create additional access concerns. At the time it was believed that the remaining parcels would not be subdivided. Now, two out of the three properties have been sold and are being developed. Mayor Probst agreed that the back-to-back, double cul-de-sac option does not make sense. He indicated, however, that he was not compelled to run the street through the property. For this reason there may end up being two cul-de-sacs which are not the most desirable configuration. Mayor Probst stated that one reason for the Planning Commission having drawn up an Official Map was that there was some belief at the time that there were other configurations possible, which would require participation of the Bachman property. One configuration had Lake Lane connecting to Shoreline Lane, however, since the area is not being developed as a group and is coming in as individual parcels, this is not possible. Therefore, it is unlikely that the City Council would be willing to approve a condemnation. ARDEN HILLS CITY COUNCIL - MARCH 29,1999 DRAFT 10 Mayor Probst stated that, in his opinion, the Official Map should be maintained as is. If this requires the allowance of a temporary condition, it would be acceptable. e Mr. Rekuski noted that the Bachman property has access to Shoreline Lane, by way of the temporary cul-de-sac, as well as access to Lake Lane and Lexington Avenue. He indicated that if, in the future, the Bachman property were to develop and the owner wanted Shoreline Lane to be brought through, it could be since this proposed development will have only four homes. At this time it may be best to provide temporary access and wait to see what happens with the Bachman property in the future. Councilmember Larson stated that he would not favor changing the Official Map. He noted that the City and Staffhave indicated that, for a variety of reasons, it would be best to have a through road, rather than cul-de-sacs. By allowing the Official Map to remain as is and creating two small cul-de-sacs, this results in exactly what the City does not want. If the situation is likely to continue for a lengthy period of time in the future, not only is the City getting what it does not want, it would be getting cul-de-sacs which are smaller than the City allows. Mr. Rekuski noted that there are other places within the City of Arden Hills with 50 foot cul-de- sacs. Councilmember Larson stated these are not as desirable as the 60 foot cul-de-sacs for the purpose of turn arounds for school buses and other large vehicles. For this reason the City wishes to discourage cul-de-sacs and encourage through streets. Councilmember Larson stated that he ultimately wants to maintain the possibility for the Bachman property to be subdivided into two parcels and a through street being constructed. e Councilmember Malone concurred with Councilmember Larson. He noted that the original objective of the Official Map was to ensure the ability to develop the land. He indicated that he would not be inclined to change the Official Map since there are utilities in place. Unfortunately, the only option at this time may be to allow the temporary cul-de-sacs. He pointed that, even if smaller cul-de-sacs are constructed this will at least allow a turn around area and it protects the easements. Councilmember Malone stated that there have been other times when temporary cul-de-sacs have been allowed within the City. He asked Staff if it would be acceptable for a temporary cul-de- sac with a 50 foot radius. Mr. Ringwald stated that Staff would support this option. He suggested that the cul-de-sac be extended to the north property line so the pavement is extended to the property line. This will eliminate gaps in the pavement and make any future changes to the road easier. Mr. Rekuski agreed to this suggestion. Mr. Rekuski noted that he had spoken with the Rice Creek Watershed District and the only comments he received were to add additional ponding. Councilmember Aplikowski asked the applicant which lot would be eliminated from his proposal. Mr. Rekuski stated that lot three would be removed and merged into lot two. With the - temporary cul-de-sac, lot three would not be large enough to build without a variance. For this .. reason he would prefer to include the land from lot three with lot two. -' ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 DRAFT 11 e Councilmember Rem stated that she had been concerned for how the double cul-de-sac option would affect the Bachman property. She expressed her approval of not changing the Official Map and allowing the temporary cul-de-sacs. With regard to Staff's suggestion to move the cul-de-sac to the north property line, Mr. Rekuski noted that there are large trees in the area which he would hope to preserve. He suggested moving the cul-de-sac up approximately 20 feet and providing the City with an easement. Mr. Ringwald stated that Staff would work with the applicant to settle this issue. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to deny the request to change the Official Map, based on the discussions this evening, and for the applicant to work with the Staff to reach a compromise regarding the location of the cul-de-sac and easement. Mayor Probst invited anyone in the audience who was present for this Planning Case to make comments. Mr. Hue Bradley stated that he owns the property on the lake to north of the Bachman property. He asked what the plans are for the future development of Lake Lane. He indicated that it is now a dirt road and, although some potholes had been filled, these have been settling in again with the spring thaw. He asked if it would be possible for some improvements to be made to the road, e even though it only serves access to his house. Mayor Probst stated that the future status of the road is dependent upon what happens with the Bachman property. If Shoreline Lane is brought through it is most likely that Lake Lane will remain as is and a cul-de-sac may have to be constructed. Mr. Bradley stated that his main concern was for the current condition of the road. He noted that he pays for the snow plowing of the road. Mayor Probst asked if the road is private or public. Mr. Fritsinger stated that it is technically a public road. He indicated that any improvements to the road would require discussions regarding the fact that the Oddfellow property is fenced up to the road surface and the east side of Lake Lane drops off into a low area. Mr. Fritsinger stated that Class 5 material had been laid down on Lake Lane last fall. It was decided at that time that, once the issue of Shoreline Lane was resolved, the City Engineer would consider the area of Lake Lane as part of the street re-rating process and pavement management plan. e Ms. Diane Rushenburg, 3168 Shoreline Lane, stated her neighborhood has been a confined and safe area ahd she would like to maintain it this way. She indicated that if Shoreline Lane were brought through, this would result in traffic coming off of Lexington Avenue to drive around the lake. This could result in vandalism that is not a problem at this time. The layout of the road is comfortable and attractive. It has worked well in the past and will continue to work in the future. ARDEN HILLS CITY COUNCIL. MARCH 29, 1999 DRAFT 12 , She noted that, in the time that she has lived in the neighborhood, school buses have never stopped at Lexington Avenue. The school buses either stop at Edgewater Road or Shoreline Lane. Additionally, there have been emergencies with fire trucks and ambulances and these vehicles have had no problem turning around. e Mr. Albert Hohmann, 3154 Shoreline Lane, stated that two day ago a neighbor on Shoreline Lane had a diabetic coma and one ambulance and two police cars responded to the emergency. He indicated that 40 years ago there had been a turn around at the end of Shoreline Lane and there is still a large lot, which is used for a turn around. For this reason there are no safety issues with regard to the configuration of the street. The motion carried unanimously (5-0). B. Finance Committee Presentation, Joint Maintenance Facility Funding Options Mr. Mertensotto stated that when he appeared before the City Council last year the intent of the Finance Committee was to bring the Joint Facility Maintenance Facility project to the attention of the City Council. Since that time, the Finance Committee has met with Ehlers who were assisting the City of Hutchinson with their joint facility project. The fundamental issues of these discussions had been regarding timing and control. Ehlers had discussed the fact that control is the most important issue. The Finance Committee looked at the City as being either a tenant in the joint facility, being the financing lead agency in the joint _ facility, or constructing a new facility for exclusive Arden Hills' use. ... The Finance Committee provided a chart that showed how Arden Hills would stand in either a high level of control or a low level of control. At the lowest level the City would be a tenant, at the highest level, the City would be owner. With regard to feasibility, Ramsey County was contacted to fmd out if this project has been included in their Capital plan. It was found that the project has been proposed, however, nothing has been funded. The cost for the project would be approximately $2 million dollars if the City were the sole occupant. If the project were a joint facility with Ramsey County the cost wnuld be approximately $13 million dollars. The Finance Committee considered the likelihood of achieving the facility and the timeliness according to the various levels of control. Another issue was the visual impact and to what degree the City could influence the appearance of a joint facility without being the landlord. The Finance Committee did explore several financing options and the funding could be from a General Revenue Bond that would eliminate the need for a market based levy referendpm. This is assuming that, since it would be a sewer and water related facility, one-third of the project could be funded in cash up front and only two-thirds of the project would be bonded. e e e e ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 DRAFT 13 The Finance Committee met with Norwest Banks as a potential funding agency for the project. The Committee has decided not to pursue this avenue as Norwest Bank was biased about having things their way and the term may not have been 15 years. Mayor Probst asked if the City would have the $13 million dollars in financing to pursue a landlord situation. Mr. Post stated that there is an upper limit of2% of the market value for bonds. This would mean a $10 million dollar cap and there is currently $3.1 dollars million outstanding. Mayor Probst confirmed then that there is an upper limit of$7 million dollars. Mr. Post stated that this was correct. Councilmember Malone asked how the fmancing worked with the City of Hutchinson joint facility project. Mr. Post stated that each party involved put up their upfront capital funding as 25%, 25%, and 50%, with the City in the lead. This has worked well over the last couple of years. One thing that is impacting this arrangement is the State wanting to increase its size of the building, which would knock the City out of its lead position. Mayor Probst asked if the Hutchinson joint facility has a Board based upon the percentage of ownership. Mr. Post stated that it does. Mayor Probst confirmed that Ramsey County has not budgeted any money for this project. Mr. Post concurred and noted that the County has an upcoming jail project that may cost $9 million dollars. Mr. Fritsinger stated that, considering the fact that the Arsenal land transfer will occur in the next few weeks, it may be appropriate to get all the parties involved together to discuss the interest in the project. Councilmember Larson commended the Finance Committee and noted that, in the course of reviewing this project, they were able to discover new information. He stated that at the retreat, the Public Works Facility was made a priority and the consensus of the Councilmembers was that the most attractive alternative was a joint facility on the Arsenal. Councilmember Larson suggested that it might be helpful for the Council to formalize their desires. He noted, however, considering the difficulties the City has experienced with the Arsenal, if the Finance Committee is going to continue consideration of the project, they should also consider a stand alone alternative. Mayor Probst stated there are essentially two options. The first would be a campus offacilities where each party would have its own buildings and would share fuel and other common needs. He noted that the joint facility does not necessarily mean one building and whether or not the City would be the first or second one in cannot yet be determined. He agreed that the next step would be for the group to get together and work out these issues. DRAFT ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 14 Mayor Probst noted that the Miunesota National Guard has done a number joint facilities a throughout the State and suggested looking into seeing how they have handled them. Mr. Post .. pointed out that the City of Monticello has a community center that the Minnesota National Guard leases on weekends. Councilmember Aplikowski expressed her concern of how long the City could postpone the construction of a new Public Works facility. She agreed that a joint facility would be bigger and better, but the City needs to know when it will happen. Mr. Mertensotto indicated that the project could be accomplished quickly if it where a standalone facility. Councilmember Larson asked, if the Council is interested in pursuing the joint facility, where should the initiative come from, the County or the City. Mayor Probst stated that it is still the City's choice. He noted that the City has not actively pursued this project because there have been too many other issues to deal with. Mayor Probst stated that if a joint facility is what the City wants, and the City wants to take the lead position, the City should initiate something very soon. If the City waits for the County to move forward, the County will most likely want to take the lead. Councilmember Larson stated, if the joint facility is a top priority for 1999, as indicated at the retreat, and there is an opportunity to move forward with the project, the City should do so. Mayor Probst stated this project would be a good opportunity for a Task Force. He indicated that e there is the opportunity to move forward and the City should make it clear that it does want to take the lead. Councilmember Aplikowski stated that Staff should move forward with gathering more information. Mayor Probst asked the Councilmembers if they wished to take formal action with regard to these discussions. Councilmember Larson noted it would be difficult, as it is not known what approach to take. Mayor Probst suggested Staff could present a formal action item at the next City Council meeting and, in the mean time, a Task Force could be formed. Councilmember Aplikowski noted that part of a Task Force has already been formed and would only need to be added to. Mr. Fritsinger asked if the action the Council is looking for is more specific to making contacts within the County and proceeding with discussions through the Task Force, or is it also towards initiating the process of determining space needs. Mayor Probst stated that one could not be done without the other. e -\ e e e DR.A~FT ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 15 C. Resolution #99-12, Supporting Repeal of the State Sales Tax for Local Government Purchases Mr. Pritsinger explained that the League of Minnesota Cities has been working for the past three years to build legislative support for the repeal of the sales tax on local government purchases. This year, a record number of bills have been introduced to repeal the tax, and committees in both the House and Senate have held hearings on the topic. The City has been delaying purchases on a number of items until the 1999 Legislative Session is concluded, in hopes that the sales tax is repealed and the City can save some taxpayers dollars. Should the Council adopt this Resolution, Staffwill forward it to Senator Runbeck and Representative Krinkie. Mr. Pritsinger advised that the Staff recommends adoption of Resolution #99-12, "Supporting Repeal of the State Sales Tax for Local Government Purchases." Mayor Probst asked if the purchases being delayed would be able to wait until June. He noted that this issue would most likely be discussed at the end of the Legislative session. Mr. Pritsinger stated that Staff is trying to hold off until the decision is made, however, some purchases cannot be put off indefinitely. Councilmember Malone asked if it is known whether or not the local representatives are in favor the tax repeal. Councilmember Aplikowski stated that the local representatives unofficially support the tax repeal. MOTION: Councilmember Malone moved and Councilmember Rem seconded a motion to adopt Resolution #99-12, Supporting Repeal of the State Sales Tax for Local Government Purchases. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS Mr. Pritsinger stated that an on-site auction would be held on April 16, 1999, to sell the equipment acquired with the Indykiewicz property acquisition. The auctioneer, who conducts the State of Minnesota auctions, is familiar with this type of process and will collect a 10% commission. Mr. Pritsinger stated that this was determined to be the best approach considering the timing issues. Mayor Probst asked if Staff had considered selling the equipment as scrap metal. Mr. Pritsinger stated that this had been considered, however, the equipment is not scrap and the City has the best opportunity to gain more money by holding an auction. He noted that the auctioneer would be advertising the auction in local newspapers. Mr. Pritsinger stated that he had attended the State of the Region with Metropolitan Council. He indicated that the meeting was well attended. He did have the opportunity to discuss with El Tinklenberg some recent transportation issues. Mr. Tinklenberg had indicated that they were not aware of the issues with Shoreview and County Road I, and that he will look into this situation. Dl~AFT ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 16 COUNCIL COMMENTS e Councilmember Larson stated that he had spoken with Mr. Fritsinger regarding the status of the land transfer. Given the fact that the City is working under a 90-day clock to accept bids for the new City Hall, it seems the City must have a plan for moving the process along. He noted that there is conflicting information on whether or not the agreement has been signed. Councilmember Larson suggested that the City should have a plan in mind to use its congressional delegation, if necessary. He noted that there is still a lease to negotiate and there is some uncertainty whether the Minnesota National Guard can consummate the lease or if it must go to Washington D.C. He expressed his concern for how this will affect the bids. Mayor Probst suggested that, if an answer is not received this week regarding the status of the agreement, the Council should have a plan of action for the next Council meeting to be more aggressive in seeking help to move the process along. He noted that the information does match up to indicate that the deal has been made, however, no one can produce any sort of proof. Councilmember Larson expressed his concern for waiting too long and affecting the bid process for the new City Hall. He suggested that some action should be taken if there is no answer by Wednesday of this week. Mr. Fritsinger stated that the attorney for the National Guard had indicated that information should be received by Thursday of this week. If the City does not hear anything by the end of the week, action should then be taken. e Mr. Fritsinger stated that the key issue to discuss with the Minnesota National Guard is determining what opportunities there may be to move ahead with the lease, outside the normal process. The lease will need to go to Washington D.C. and hasn't yet because the land transfer has not formally taken place. Mr. Fritsinger stated that it would be appropriate to wait until the end of the week and, if new information were not received, the Staff would contact the Minnesota National Guard. Councilmember Larson expressed his concern for waiting an additional two weeks without taking action. He stated that the Council should consider what the next step would be. Mr. Fritsinger suggested a simple answer might be to contact the Congressional Representatives and inquire regarding the status of the transfer. Councilmember Larson suggested having a member of Congress contact the Minnesota National Guard on the City's behalf. Councihnember Aplikowski noted that the Congressional Representatives are in the State of Minnesota at this time and this would be the time to ask for help. She asked if it would help for her to make some phone calls. Mr. Fritsinger stated that this might help. Councilmember Malone noted that the City does not want to aggravate anyone in this process. Mr. Fritsinger stated that the inquiry to be made would simply be regarding the status of the land transfer. He indicated that he would not want to discuss the lease issues until there is an opportunity to talk with General LeBlanc. . e e e ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 DRAFT 17 Councilmember Malone asked if the issues of the lease are substantial. Mr. Fritsinger stated that the biggest issues will be the term and control. There are some minor site plan issues related to the fence and the grading of the property. Mr. Fritsinger noted that there had been a request for a retro-session and, at this point, the City of Arden Hills has not responded. He suggested that this might need to be finalized prior to addressing the lease. Mayor Probst asked if it would be possible to enter into a lease agreement and work out the identified issues afterwards. Mr. Fritsinger stated that the difficulty would be whether or not the Federal Statute would allow this sort of contract. Councilmember Larson confirmed that if the Council ends up having to wait until the next Council meeting on April 12, 1999, to take action, this would leave two months for the City Hall bid process. Mr. Fritsinger stated that this was correct. Mayor Probst suggested that, if by the end of the week, Staff found there are issues, which require immediate action, the Council can call a special meeting within two days to take any necessary action. Councilmember Aplikowski stated that she had spoken with Mr. Kelley regarding trash pick-up and he has indicated that he wants this to be done on one day only. Mayor Probst stated that the North Metro I-35W Corridor Coalition continues to meet every other month and an annual report had been included in the Council packets. He indicated that things are going well and there is a great deal of interest in what the Coalition is doing. He offered to provide more complete information if any of the Councilmembers required it. Mayor Probst stated that the most significant development with the I35W Corridor Coalition was that it received the $125,000 grant for GIS software and data. Mayor Probst stated that the City received a request from the Roseville area High School to participate financially. The High School is hosting the annual National Association of Student Council Conference in June. The estimated cost is $320,000 and they are looking for sponsors to contribute in some way. Action needs to be taken on this by April 30, 1999, and Mayor Probst suggested that Staff include this in the agenda for the April 12, 1999, City Council meeting. Mayor Probst stated that he had received an invitation for a groundbreaking ceremony for a church in Shoreview. Mayor Probst stated that he had received information from a company selling storm water treatment control products. He passed the information to Staff for consideration. Mayor Probst stated that he has been encouraged to participate in the National Mayors Conference, however, he will not be attending. DRJ~FT ARDEN HILLS CITY COUNCIL - MARCH 29, 1999 18 I Mayor Probst stated that he had been invited to attend the Minnesota Prayer Breakfast on Wednesday, March 31,1999 and he will not be able to attend. e Mayor Probst stated that he had sent a letter supporting Roger William's candidacy for the Metropolitan Council position and the selection will be announced soon. Mayor Probst stated that he had received an inquiry regarding National Courtesy benches. He passed the information on to Staff and suggested the Staff look into the possibility of benches along trails. Mayor Probst stated that he had received information regarding the Coalition for Healthy Youth neighborhood night. He suggested that the City Council discuss these events at a future Worksession. He indicated that the City has not historically been an advocate for this sort of activity, however, there are a number of neighborhood groups being formed. With regard to the Coalition for Healthy Youth activities, Mayor Probst indicated that he has been receiving the mailings that announce meeting dates after the meetings are held. Mayor Probst stated that he had been invited to appear at the tapping of the Tale ofTen Cities, which he did. He indicated that this had been followed by a resident of Arden Hills who writes children's books and it had been very interesting. ADJOURN e MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to adjourn the meeting at 9:53 p.m. The motion carried unanimously (5- 0). Brian Fritsinger City Administrator Dennis Probst Mayor NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, April 12, 1999 at 7:30 p.m. at the Arden Hills Council Chambers. e l . 'f e e e MINUTES DRAFT CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING APRIL 12, 1999 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:32 p.m. Present: Mayor Dennis Probst, Councilmembers Gregg Larson, Paul Malone and Lois Rem. Absent: Councilmember Beverly Aplikowski. Also present were City Administrator, Brian Fritsinger; Public Works Director, Dwayne Stafford; City Engineer, Greg Brown, BRW; City Accountant, Terrance Post; Parks and Recreation Director, Tom Moore; and Recording Secretary, Lori Rolfson. ADOPT AGENDA MOTION: Councilmember Larson moved and Councilmember Malone seconded a motion to adopt the agenda for the April 12, 1999, regular City Council meeting, as submitted. The motion carried unanimously (4-0). APPROVAL OF MINUTES A. March 29,1999, Special Council Worksession B. April 5, 1999, Special Council Worksession Mr. Fritsinger requested the following changes to the April 5, 1999, minutes: Page six, last paragraph, the last line should read, .....use of the current application form, with some minor revisions. was encouraged." Page seven, second paragraph under Human Rights Committee, third line, the word "challenge" should be changed to "work with" With regard to the second paragraph under Restructuring Process on page seven, Mr. Fritsinger indicated that the wording was incorrect. He asked to change the last sentence of this paragraph to, "This meeting would be held after the Council took action to adopt the Resolution swnmarizing the committee restructuring." Mr. Fritsinger stated it was his understanding that, at the April 19, 1999, Council Worksession, he would be bringing forward a sununary of the discussions regarding ratification. At the April 26, 1999, Council meeting, there would be a formal adoption of the resolution. He indicated that there had been a debate whether there would be informal, or formal meetings, or one large meeting with all the various committee members. He stated that it had been his . ARDEN HILLS CITY COUNCIL, APRIL 12, 1999 DRAFT 2 .. understanding that, over the month of April, the Council Liaisons would be infonning the various corrunittee members of the status and timing of the restructuring. In May, the committees would be given a deadline as to when to complete those items that need to be accomplished. At some point thereafter, the committees would be brought together for an initial meeting to discuss what committees the members would be interested in serving on. e Councilmember Malone stated that, according to his recollection, the discussion of meetings had been properly reflected in the minutes. Mayor Probst concurred. MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to approve the meeting minutes of the March 29,1999, Special Council Worksession, as submitted, and the April 5, 1999, Special Council Worksession, as amended. The motion carried unanimously (4-0). CONSENT CALENDAR A. Claims and Payroll B. 1999 Business License Renewals MOTION: Councilmember Malone moved and Councilmember Rem seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). PUBLIC COMMENTS e Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. Mr. Fritsinger introduced the new Parks and Recreation Director, Mr. Tom Moore. UNFINISHED AND NEW BUSINESS A. Shared Building Inspector, Memorandum of Understanding Mr. Fritsinger explained that, as part of the 1999 budget process, the City Council authorized the inclusion of a half-time Building Inspector position. This position was described as a shared position with the City of Shoreview. The intent was for the two cities to work together cooperatively to provide additional building inspection and code enforcement activities. As part of this arrangement, the City Attorney has recommended that a Memorandum of Understanding is appropriate between the two cities. The City of Arden Hills will commit to sharing the position for the remainder of 1999. Any on- going relationship would need to be determined at the time of the annual budget discussions. The City of Shoreview will hire the new inspector and the position will be part of the Shoreview e staff. Shoreview will provide salary, benefits, and training to the Building Inspector. The City , ,. e . e ARDEN HILLS CITY COUNCIL, APRIL 12, 1999 DRAFT 3 of Arden Hills will reimburse the City of Shoreview for services provided, based on an average of 20 hours per week. Should either city decide to terminate the services of the Building Inspector, it must provide the other city with a 60 day notice. Mr. Fritsinger advised that Staff recommends approval of the Memorandum of Understanding for a shared Building Inspector with the City of Shoreview, and that the City Administrator be authorized to execute the Memorandum. Mayor Probst stated that he was pleased that the City of Shoreview was willing to agree to the shared position and was pleased that they were willing to accept the commitment from Arden Hills of only one year. He indicated that the shared position would be a great help to the City of Arden Hills. Councilmember Larson requested confIrmation that the billing would be based on actual time and, if the Building Inspector worked more than 50 percent of his time in Arden Hills, the City of Arden Hills will pay for the extra time. Mr. Fritsinger stated that this was correct. MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to approve the Memorandum of Understanding for a shared Building Inspector with the City of Shoreview, and authorize the City Administrator to execute the Memorandum. The motion carried unanimously (4-0). B. Ordinance #313, Relating to the Arden Hills Emergency Operations Plan Mr. Stafford explained that the City of Arden Hills' Code of Ordinances, Chapter 7, relates to Civil Defense and disasters. Written in 1967, without a specifIc chain of command or specifIc assignments for any individual, the chapter provides little, if anything, that would be helpful in the event of a disaster. With the City Council's instructions to develop a more comprehensive Emergency Operations Plan, the Public Safety Commission began researching necessary steps to prepare an Emergency Operations Plan specifIcally for the City. At its May 26,1998 meeting, the City Council authorized expenditure of up to $500 for fees to a consultant to help develop such a plan. The consultant, Mr. Mark Bishop, with assistance from the Public Safety Commission Chairperson, Jolm Tholen, and the Public Works Director, then drafted a plan. Copies of the draft plan were provided to the City Council, Ramsey County Sheriff Department, Lake Johanna Fire Department, and City Attorney Filla for review and input. The Staff does expect the Plan to be revised and updated over the years, however, they believe this is a good start on a usable tool in the event of a disaster. Mr. Stafford advised that, if the City Council fInds the Emergency Operations Plan to be acceptable, the Public Works Director recommends that the City Council adopt Ordinance #313, An Ordinance Relating to the Arden Hills Emergency Operations Plan. . ARDEN HILLS CITY COUNCIL, APRIL 12, 1999 DRAFT 4 !f This Ordinance would then replace Article I of Chapter 7, and Section 7.1 of the Arden Hills Code of Ordinances. The Emergency Operations Plan itself will become Appendix C, and be _ added to the existing City of Arden Hills Code of Ordinances. ,., Mayor Probst stated that he was pleased with the results of the Emergency Operations Plan. He noted that the Plan does not currently list the Fire Marshall. He suggested rather than using question marks, the plan state "To be determined." He also indicated that a revision of the Multiple Deaths section might be helpful. Councilmember Rem referred to the cover page of the Ordinance and indicated that the sentence under Effective Date does not make sense as it was presented. Mr. Fritsinger stated that this sentence should read, "1bis Ordinance shall become effective the day following its publication." Mr. Paul Rignell, Focus Newspaper reporter, stated that the phone number and fax number listed in the Plan for Focus Newspaper were the numbers from their Fridley office and were incorrect. The phone number should be changed to, 651-633-3434, and the fax number changed to, 651- 633-9550. Councilmember Malone asked Mr. Rignell if the Focus Newspaper office in Fridley was still in operation. Mr. Rignell stated that it was not. With regard to the list of possible evacuation sites, Councilmember Malone asked Staff if the locations were contacted to confirm the use of their facilities in the event of an emergency. Mr. Stafford stated that a letter had been sent to all locations identified as possible evacuation sites asking if they would be willing to allow the use of their facilities in the event of an emergency. The list offacilities provided in the Plan is the result of the responses to this letter. e MOTION: Councilmember Larson moved and Councilmember Malone seconded a motion to adopt Ordinance #313, An Ordinance Relating to the Arden Hills Emergency Operations Plan, as amended, and inclusion of the Plan in the existing City of Arden Hills Code of Ordinances, as Appendix C. The motion carried unanimously (4-0). c. Change Order #1, West Round Lake Road, Phase I, Forest Lake Contracting Mr. Brown explained that the City of Arden Hills awarded Forest Lake Contracting the West Round Lake Road, Phase 1 project on March 8, 1999. The total awarded contract amount was $794,725.05, which included Bid Alternate A, topsoil excavation, and Bid Alternate B, landscaping. Prior to award of the contract, Forest Lake Contracting verbally agreed to perform the topsoil excavation included in Bid Alternate A for $0.00 if the City would allow them to utilize the northwest portion of the Indykiewicz property for stockpiling purposes until December 31,1999. 1bis would allow the Contractor additional time to market the topsoil. Their original bid price _ for Bid Alternate A was $32,000. The completion date for the roadway work is also being . adjusted as a part of Change Order # 1 to address the delay in starting the project resulting from the acquisition process. The contract bid documents included a project completion date based on e e e ARDEN HILLS CITY COUNCIL, APRIL 12, 1999 D!l~A~FT 5 starting in late January. Change Order # 1 revises the starting date to April 12, 1999 and completion date to August 14,1999. Mr. Brown recommended the City Council approve Change Order #1, thereby reducing the contract amount by $32,000 from $794,725.05 to $762,725.05, and revising the contract completion date to August 14, 1999. . Councilmember Malone confirmed that the contract for the roadway would end on August 14, 1999, and Bid Alternate A was extended until December 31,1999 for the dirt removal. Mr. Brown stated that this was correct. He explained that Forest Lake Contracting is attempting to find a buyer for the topsoil and, until one is found, the soil would be stock piled on the property. There had been one individual who had been interested, however, it was for only a small quantity . MOTION: Councilmember Malone moved and Councilmember Rem seconded a motion to approve Change Order #1, reducing the contract amount by $32,000 from $794,725.05 to $762,725.05, and revising the contract completion date to August 14,1999. The motion carried unanimously (4-0). D. City Hall Discussion Mr. Fritsinger stated that at the last Council W orksession, there had been discussions regarding the status of the land transfer with the Minnesota National Guard, and the subsequent lease for the construction of the new City Hall. Mr. Fritsinger indicated that he had spoken with the Commander's Representative, Mr. Mike Fix, regarding the status of the land transfer. He also followed up on a phone call made by Councilmember Aplikowski to Congressman Vento's office. Councilmember Aplikowski had contacted Congressman Vento's office and was informed that they would do some research to try to determine the status of the land transfer. As of this morning, Mr. Fritsinger had not heard back from Congressman Vento's office. He also called the Staff Member for the Congressman's Minneapolis/St. Paul office and has not heard back from this individual either. Mr. Fix had indicated it was his understanding that the land transfer was still proceeding. Industrial Operations Command has signed the land transfer agreement and the paper work had been forwarded to the Army Materials Command level for execution. While the agreement has not been formalized, Mr. Fix had indicated that he does not expect there to be any problems. Mr. Fritsinger stated that he will continue to follow up with Congressman Vento's office and will place a call to Senator Gram's office to request assistance. Mayor Probst stated that he had attempted to contact General LeBlanc and has been unsuccessful so far. He indicated that the General has been spending most of his time at the Capital during the Legislative Session. Mayor Probst stated that he would continue to pursue an in-person visit with General LeBlanc. ARDEN HILLS CITY COUNCIL, APRIL 12, 1999 DRAFT 6 Mayor Probst noted that Councilmember Larson would be in Washington D.C. at the end of the month. He suggested that if the transfer is still pending, Councilmember Larson and .- Administrator Fritsinger speak on behalf of the City of Arden Hills in order to expedite the land ., transfer process. E. Roseville Area High School Financial Request Mayor Probst stated that, on behalf of the City, he had received a request for funding assistance from the Roseville Area High School. The funds would be used to help host the 63rd Annual National Association of Student Councils Conference. Mr. Fritsinger explained that the Roseville Area High School is hoping to raise $320,000 to help fund the conference. The request had also been submitted to the City of Shoreview and Ramsey County. It was not clear whether the request had been submitted to the City of Roseville. The City of Shoreview circulated the request to their City Council and has not taken any formal action on whether or not to participate in the request. Ramsey County has on their agenda a requested action to allocate a $6,000 contribution. The Assistant City Manager ofRoseville indicated that he was aware of the activity, however, he was not aware of the funding request. Mayor Probst suggested waiting to take action on this request until it is known what, if any, funding dedications are made by the sister cities. If other cities support the request, it may be appropriate for the City of Arden Hills to consider supporting the request as well. He would be hesitant to offer support if the other cities are not supporting the request since Arden Hills is such a small portion of the High School. tit Because he is relatively new to the City Council, Councilmember Larson requested background information on how these types of requests have been dealt with in the past. He noted that there are many worthy activities to support and it is difficult to decide who to support and where to draw the line. Mayor Probst stated that he was aware of three examples of past funding requests. One request had been from Mounds View to support the activities of this sister city. The Council chose not to support this request. A modest contribution of $250 was made to the Healthy Youth Coalition. The City had also donated $2,000 to the Valentine Hills play structure because it functions as a community playground. Mayor Probst indicated that the City has struggled with these types of requests in the past and deals with them on a case-by-case basis. Councilmember Malone stated that the City has tended to be very stringent when it comes to these sort of requests. He agreed that there are many good causes to contribute to, however, the business of the City is to run the City. The taxpayers do not expect the City to be in the business of charity. Although saying no is difficult, saying yes to contribution requests on any sort of .- regular basis can create a snow ball affect. ., . \ e e e D~~.... ,., '''''''''r ....',r.. \ kl:... ~~ ~!lK;'%tF-':~1il ARDEN HILLS CITY COUNCIL, APRIL 12, 1999 7 Mayor Probst stated that the options before the Council would be to take no action, to take action denying the request, or defer action for additional information. The consensus of the Council was that no action be taken on the request at this time. ADMINISTRATOR COMMENTS Mr. Fritsinger reminded the Council Committee Liaisons to update the committees regarding the status of the process to restructure the committees in hopes to bring closure to this issue within the next two weeks. COUNCIL COMMENTS Councilmember Larson asked Mr. Fritsinger if a permit had been acquired for the new portable sign at the northwest corner of Lexington Avenue and County Road E. He indicated that the sign is very unattractive. Mr. Fritsinger stated that a temporary sign permit had been granted. With regard to the non-agenda information, Councilmember Larson stated that he had been interested in the comment that Staffhad met with Bethel College and Ramsey County regarding the possible improvements to Snelling Avenue between the railroad tracks and Bethel Drive. He noted that the City s Master Plan indicates that this road is proposed to be a boulevard. Councilmember Larson indicated that, if the project moves forward there would be a need for turn lanes and a center island. The City should consider extending the boulevard from the railroad tracks to County Road F. Mr. Fritsinger stated that Mr. Dan Soler of Ramsey County had indicated that the concept being prepared at this time would be to narrow the drive lanes. Staffhad asked Ramsey County how they would handle the center median and whether it would be a turn lane. If it is a center turn lane, running the entire length of the road, there is no where to turn to the east except to access Lake Valentine. Ramsey County had indicated that they would contact the City when this issue is figured out. Mayor Probst indicated that he did not recall this stretch of road being slated for a boulevard. He concurred with Councilmember Larson's suggestion and asked Staff to pass this on to Ramsey County. Councilmember Larson stated that the there have been a number of complaints that the road is a speed way and it needs to be slowed down. Mayor Probst agreed that the four-lane road only serves to allow people to drive faster. Mr. Fritsinger stated that the County is also in the process of preparing to widen the railroad bridges at New Brighton Road and Snelling Avenue. Councilmember Malone stated that it would be best for the City to not build the proposed trail at County Road F since it might be removed with the Highway 694 project and the City would have to pay back the money for its construction. . ARDEN HILLS CITY COUNCIL, APRIL 12, 1999 D"'i\Jj /":\\ If: T' ',; b~", jc'~, J- 8 f Mr. Fritsinger stated that if the road is rebuilt in the future, the City is obligated under contract to pay back the State of Minnesota. The issue is whether the County could be involved in the pay .. back or if the Stale could possibly pay back itself. If the project were to be delayed there may be - a way for the County to pay a portion of the project. Mr. Brown stated that the County would be willing to participate, at a minimum of25 percent, for some or all of the trail project. He indicated that he was not aware of the Stale being willing to reimburse funds. If the trail is constructed and is later taken out in order to widen the road, the State would not participate in a future trail. They would consider the trail a preexisting condition as it was built in an area that was subject to be demolished, If the City does not build the trail now and it was constructed with the County project, the cost would be less and County would participate at a minimum of25 percent. One issue to consider at this time is the amount ofland available. If the road is 36 feet wide, there would be 10 feet of right-of-way to the north and 20 feet of right-of-way to the south. There is a major power line that splits the southern right-of-way. It may be possible to built the trail on the north side, however this would encroach on private property. The trail could be built on the south side now, however, it would make the most sense and be safest on the other side of the power line. Mayor Probst asked if there would be any chance of moving the funding for this trail project to another trail project since the conditions have changed. Mr. Fritsinger stated that this question would have to be posed to the Minnesota Department of Natural Resources. He was not sure they could be convinced to allow the City to move the funds to a different portion of the trail. In this case, the trail would be connecting two communities together and address the safety issues in the area. e Mayor Probst stated that, if the City must reimburse the funds for the project, and the project has a chance to occur in the future, it would not be wise to spend the tax payers money on a project which will be tom down. He expressed his concern that the conversations with the Minnesota Department ofNatura1 Resources are handled properly in order for the City to maintain a good relationship with the State. Councilmember Malone noted that there are similar issues with some intersections, such as County Road F and Hamline Avenue, where there is a recommendation to install a traffic light that would be tom down when the roads are rebuilt. He indicated that this intersection does not warrant a traffic light at this time as it is only congested during one-half hour of the day. Mr. Fritsinger stated that this intersection did meet two of the warrants that support a traffic light; accidents and traffic levels. The information received was that the traffic lights would be installed to standards and the location would be the same for the future roadway. City staffhad indicated that it would support this recommendation. With regard to Old Snelling Avenue, Councilmember Malone stated that he could not understand why four lanes had been constructed between the railroad bridge and Lake Valentine Road, and .. now more money will be spent to narrow the road. If the road will be narrowed, he stated that _ turn lanes must be added. . , e e e ARDEN HILLS CITY COUNCIL, APRIL 12, 1999 n [-T' fl;;:\ i~ 9 Councilmember Larson asked if the improvements to Hamline Avenue and Highway 694 would be part of the regional assessment. Mr. Fritsinger stated that it would not be. He explained that a project director has been hired to prepare the design options for Highway 694 from I35E to I35W. The Hamline Avenue project is considered a part of this project and there has been no reference to the study done by the I35W Corridor Coalition. Councilmember Larson noted that there is an unofficial trail that runs from Lydia Avenue along Snelling Avenue. This trail is well used and is mowed in the summer time. He suggested that this trail could be considered to tie the communities together. Councilmember Rem asked what the future status of the Bethel Park project would be now that Mr. Hjelle is leaving the College. Mr. Fritsinger stated that, although it is unknown who Mr. Hjelle's successor will be, the project will continue. An Arden Hills resident, Mr. Bruce Kunkel, will oversee the project in the mean time. Mayor Probst stated that he attended the Army Reserve Open House on Saturday, April 10, 1999. He noted that public attendance was light, however, there was a steady stream of Army personnel. He indicated that the Sheriff Department was present at the Open House and it was interesting to walk through the storage buildings. Mayor Probst stated that he had received a flyer announcing the Light Rail Transit Conference. The conference will be at the Hilton Hotel in Bloomington and Ted Mondale will be in attendance to make a presentation. He indicated that the $15 fee will include lunch and, if any of the Councilmembers were interested in attending, the City will cover the cost. Mayor Probst stated that the City received an invitation to make a nomination for the National Brick Award. He indicated that he was not sure that the City of Arden Hills would have anything that would apply to this award. Mayor Probst stated that he had been invited to the Governor's 1998 Acts of Kindness Volunteer Awards. Any nominations for this award must be submitted prior to May 20, 1999. Mayor Probst stated that there would be a neighborhood night out on Wednesday, May 19, 1999. He indicated that the City is encouraged to hold block parties. In the past the City has not participated in these types of events and he suggested this be discussed at a Council Worksession. Mayor Probst stated that the Ramsey County League of Local Governments Meeting would be held Thursday, April 15, 1999. Because she is still on the Board, he assumed that Councilmember Aplikowski would be in attendance. Mayor Probst stated that he would try to attend and he encouraged the other Councilmembers to attend as well. He indicated that this would provide an opportunity to discuss activities in this part of the County, such as the Tony Schmidt Park redevelopment project. Councilmember Larson noted that the newspaper had not announced the Governor's Metropolitan Council appointments. Mr. Fritsinger stated that the appointments are still ARDEN HILLS CITY COUNCIL, APRIL 12, 1999 D.''''-...V, A\. t"T :iL~ i\,~ ..' 10 pending. Councilmember Malone stated that Roger Williams did make the final cut. Mayor Probst indicated that he did send a letter on behalf of Mr. Williams. ADJOURN MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to adjourn the meeting at 8:38 p.m. The motion carried unanimously (4-0). Dennis Probst Mayor Brian Fritsinger City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, April 26, 1999 at 7:30 p.m. at the Arden Hills Council Chambers. . t e e e I 'f ;~ e e e DRAFT MINUTES CITY OF ARDEN fiLLS, MINNESOTA WORKSESSION MONDAY, APRIL 19, 1999 4:45 P.M. - CITY HALL, 4364 WEST ROUND LAKE ROAD CALL TO ORDER Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the City Council Worksession at 4:50 p.m. Present were Councilmembers Beverly Aplikowski, Gregg Larson, and Lois Rem; City Administrator, Brian Fritsinger; Public Works Director, Dwayne Stafford; City Accountant, Terrance Post; Parks and Recreation Director, Thomas J. Moore; and Administrative Secretary, Sheila Stowell. Councilmember Malone had previously advised Councilmembers he would not be available for the meeting due to a scheduling conflict. DISCUSSION ITEMS a. 1999 Committee Structure and ADDointment Process City Administrator Fritsinger requested Council review the final revisions related to the 1999 committee restructuring as detailed in his staff memorandum dated April 15, 1999. Mr. Fritsinger specifically noted the detailed transition process as outlined in the memorandum; the draft resolution to formalize action; and the draft letter to be mailed to current and prospective committee members. Discussion items included the role of Council and staff liaisons; the planned overview meeting to establish the charge and mission for each respective committee; specific versus broad goals of Council and how they relate to committee involvement and assistance; resources available for committees to use in addition to staff; importance of each Chairperson and retaining their focus on Council goals; the importance of specific Council communication and end product results for each group; desired open communication of all citizens with Councilmembers; the importance of involving citizens in the decision-making process; encouraging continued service of current committee members, while incorporating new participants; anticipated positive improvements to the committee structure; future advertising for the Maintenance Facility Task Force; Mr. Fritsinger again reviewed several options for staff involvement with committees. Those were: . Little staff involvement; each committee working independently toward Council goals, and requesting staff to provide research and support as needed Staff prepares for each meeting, sets the agenda, and presents a work plan to the committee . Mr. Fritsinger confirmed with Councilmembers and staff that previous discussions had provided a consensus of flexibility as far as staff's involvement. Councilmembers again confirmed that . DRAFT ARDEN HILLS CITY COUNCIL WORKSESSION - APRIL 19. 1999 2 , e staff's role was a vital link to each committee's work, but it depended on the topic being considered as to the involvement of staff with reporting and research. The City Council reviewed and fInalized revisions to the overall plan and draft resolution, and directed staff to proceed with preparation of a formal resolution addressing the 1999 committee structure for action at the April 26, 1999 City Council meeting. Staff was also directed to include the AprillSdt memorandum as background information with the notification of a meeting to be scheduled with current and prospective committee members on May 17, 1999, in order to provide an overview of the Council's decision and restructure of committees. A future meeting will be held to specifIcally charge each committee with their mission. Staff and Council Liaisons will provide the City Administrator with any outstanding issues from those current committees, to be incorporated into the new structure. Mayor Probst stated he would be personally contacting each current committee chair to advise them of the Council's decision. b. Road Re-ratinl! Prol!ram The City's consulting engineer, Greg Brown, reviewed additional information related to changes in the City's street rating system. This information will be used in preparation of the 2000 e Budget and related street improvements. Mr. Brown explained that the philosophy ofBRW, and the City of Arden Hills, provided a consensus for a "neighborhood approach" to street improvements, as well as looking at a needs basis for reconstruction. Items presented by Mr. Brown for Council consideration in the street maintenance program included the scope of fIeld reviews; office reviews; weighting/analysis of data; and preparation of a final report for Council review. This report was proposed to include a summary of review area and items considered in review; sununary of PCI ratings for each street; summary of composite ratings for each street; review of composite ratings of neighborhoods; review of Water Quality Task Force status and its relationship to street program; recommended maintenance/reconstruction program and budget; recommended standard roadway designs/typical sections; and outline of typical project schedules. Mr. Fritsinger stated that the Council may wish to consider how often if plarmed major street projects, and whether planning major reconstruction projects on a cycle every other year, from a budget and staff-time perspective, was preferred. Mr. Brown was directed to proceed with preparation of the Street Maintenance Program Rerating, as revised at the meeting. Those revisions included, a windshield verification of all ... City streets, as well as the "paper" rating; making the report more understandable for the average ., City resident by incorporating a brief description of why each component of an improvement is e e e DRAFT ARDEN HILLS CITY COUNCIL WORKSESSION - APRIL 19. 1999 3 important; including active and accurate rotation of annual sealcoating; and changing Item III. (I) to show whether the street is schednled for trail construction or reconstruction, rather than concentrating on the number of pedestrians using the street. The next step in the process will be for consulting engineers and staff, using the draft outline as revised, to begin walking streets next week and incorporate various factors as data becomes available. After which a series of possible recommended sections will be developed and presented for further consideration by the City Council. It was the consensus of the City Council that the public be provided with information regarding proposed improvements in their areas within a two (2) year window. c. Residential Water Meter Discussion Mr. Stafford presented various options, costs and benefits for a proposed residential water meter replacement program, and sought Council direction. After further discussion, staffwas directed to prepare items for Council action at the Apri126, 1999 City Council meeting, authorizing staff to seek requests for proposals for replacement of water meters with new radio read models in 1999 - 2000, with an alternate for additional replacements in 2000 - 2001. Included in the initial replacement would be those meters at the Pemtom Townhouse Association to coordinate installation with siding replacement. It was the consensus that meters less than ten (10) years of age would not be replaced, but would be upgraded to radio read technology. Staff was further directed to review and provide a recommendation regarding the meter deposit issue and other items addressed in the City's utility ordinance, including possible billing cycle rotation. d. Citv Hall UDdate Mr. Fritsinger updated Councilmembers and staff on his most recent and ongoing discussions with Department of Army, National Guard and congressional representatives regarding the land transfer for City Hall construction. Mr. Fritsinger read an update from Councilmember Malone on his informal discussion with Congressman Bruce Vento. Mayor Probst, and Councilmember Aplikowski also provided input from their discussions with various parties. Mayor Probst shared his concerns regarding the timing issue and pending award of construction contract for City Hall, and reiterated the need for a lease or formal agreement in order to proceed within the ninety (90) day window. Mayor Probst will continue to attempt to contact Minnesota National Guard representatives. Mr. Fritsinger stated that, at a given point, the City would need to approach the contractor seeking a thirty (30) day contract extension. DRJ\FT ARDEN HILLS CITY COUNCIL WORKSESSION - APRIL 19. 1999 4 , e Councilmember Larson stated that he would be in Washington, D.C. on business next week, and would extend his visit if necessary to pursue any contacts regarding the lease agreement. e. National Nililit Out Staff had been directed by Mayor Probst to include discussion of upcoming neighborhood meeting events being sponsored by various agencies. The Healthy Youth Coalition was sponsoring an event in May, and the Ramsey County Sheriffs Department was organizing an event in August. Mayor Probst expressed his interest in lending the Council's support to these various events, by way of Council attendance at scheduled events. While there was no specific direction to staff; however, it was the consensus of the Councilmembers that they retained an interest in involvement in the August "National Night Out." Mr. Moore volunteered to contact representatives from the Healthy Youth Coalition regarding their event, and provide additional information as it became available. MISCELLANEOUS ITEMS Tobacco Ordinance e Mr. Fritsinger requested input from Councilmembers on the upcoming Tobacco Ordinance being presented at the April 26, 1999, incorporating the basic state-mandated requirements. There were no comments. External Audit Mr. Post advised that the external audit had been completed, and auditors would be presenting their report to the City Council at an upcoming Council meeting. Miscellaneous Discussions Mr. Post and Mr. Fritsinger commented on the outstanding refund from Ramsey County Sheriff of approximately $58,000, and the preference that contract cities be billed more accurately with projected revenues. Mr. Stafford commented on Mr. Moore's welcome addition to staff. Councilmember Larson requested further clarification of, and Mr. Fritsinger responded to, recent staff meetings with the City of Shore view, Ramsey County and MnDOT on MnDOT's policy .. regarding the status of the WisPark development in Shoreview. ., e e e DRJ\FT ARDEN HILLS CITY COUNCIL WORKSESSION - APRIL] 9. 1999 5 Councilmember Aplikowski suggested staff work with various agencies to plan a mock disaster to incorporate the City's newly adopted Emergency Operations Plan. ADJOURN MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion to adjourn the meeting at 7: 11 p.m. The motion carried unanimously (4-0). . 'I.... :, . '. \.. . '. CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 04/26/99 COUNCIL MEETING CLAIMS PAID SINCE LAST COUNCIL MEETING 104/12/99) PAGE I OF3 ?t ':"."::":. H:;::: :~t1S:~f.t} f:::: .:. . . ".:. ", ...~Hf:mngdPYJ??#A$W~;\;\~~~W:::f::hf ~m:' ...... . . }f:$kMW~$::~t::}W~~#:Hf:~W~t.1fKt::::~t:fn~\m 15759 04/12/99 Public Em I Retirement Association 3011.38 15760 04/12/99 ICMA Retirement Trust- 457 1 764.08 15761 04/]2/99 StaleC itol Credit Union 4593.45 15762 04/]4/99 ICMA Retirement Trust - 457 3 00934 15763 04/14/99 Fortis Benefits 144.27 15764 04/14/99 McKinne Michael 240,80 15765 04/14/99 Uniled States Fish & Wildlife Service 500.00 15766 04/21/99 Minnesota Mutual Life 255.85 15767 04121/99 Pr Rec & Rev - Revenue 104.16 15768 04121/99 Sam's Club 162.25 Subtotal - Paid Claims 13 785.58 Paid Claims From Above - 13,785,58 Add Unpaid Claims, Page 3 of 3 - 7925238 Total Accounts Payable Claims for Council Approval, 04126/99- 93037.% Note: Checks for unpaid claims totaling $82,116.54 were mailed on April 13, 1999 after approval at the April 12th Council Meeting. They were cbeck numbers ]5703 . 15758. This sequence corresponds to unpaid temporlll)' numbers T1 - T56. Check numbers 1570] -15702 were used for alignment Second A ril Pa oil Second A ril Pa oil Second A . Pa oil Su lemental PR - T. Petersen nused Vacation A ril Lo Tenn Disabili Dama '0 Personal Veb.~Result of Accident w/Ci Veb. Ri t of W Pennit . Drain e Pond Ma Life Insurance Voter Re . tration Cards Hunt ~"po)'Ilblololol....1 CJTY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 04/26/99 COUNCIL MEETJNG PAGE20F3 UNPAID CLAIMS REGISTER: QUf4!:j'/m'i1J\\"":'f "~;':~ ... ....:..:.. :~:::#rMWtnh$Ni~n~1'%f~~?~WtP:;Wr:~{b~AMtwHt.WfKt~~W%h{. . ~~J;WH..if:'MWlJ.~~,@~~~"f.:.: '.~"': TOI 04127/99 Accurate Press 797.31 Amil NewsletterlRee FlverslAIP EnveIMes T02 04127199 All Carolvn 20.00 Refund-Pet Pals T03 04127199 Anderson_ M~~ie 10.00 Refund-Pet Pals T04 04127199 Animal Control Services Inc. 514.43 Dog/Cat Enforcement - March T05 04/27/99 ADDle Business Forms 472.38 Utility Enveloues T06 04/27/99 Architectural Alliance 7214.25 Professional Svcs 1130 - 2/26 New Cilv Hall T07 04127/99 Arden Hills Tire & Service Center 101.62 #201 - Ale Tesl & Refri""""" T08 04127199 AT&T 14.12 638-0998 - Lon. Distance T09 04127/99 Becker Julie 28.00 Refund-SDilI SDlat & SDlaner TIO 04127/99 Berres Sandra 14.17 MileaJ!e Reimbursement TIl 04127199 BR W lnc 12217.17 Engineerint;!: Fees ~ March TI2 04127199 Business Forms & Accountm;- 561.82 2500 - AlP Cbecks TI3 04127/99 Cornorate EXDress 372.31 CODY PaDer & Office SUDDlies TI4 04127/99 Eallon Diane 10.00 Refund - Pet Pals TI5 04/27/99 Electronic Interiors 3 257.40 Professional Svcs - New Citv Hall TI6 04127199 Forster Connie 20.00 Refund - Pel Pals TI7 04/27/99 Fritsin..... Brian 458.80 Auto 1ns1U1lllce TI8 04127/99 Government Traininl:!' Service 28.00 Workshon ChlllU!e - Rem API: The Basics TI9 04127199 Grain.er 114.56 II Amn Relav - Lift StationslSafetv GlassesITane 1'20 04127199 Hanson Kim 28.00 Refund-Soill, SDlat & SDlatter 1'21 04127/99 Har Mar Lock & Service Center 9.05 Name Plate - Moore 1'22 04/27/99 Hau.land Nancy 28.00 Refund-Snill Snlat & Snlaner 1'23 04/27/99 Hotchkiss Mary 10,00 Refund-Pet Pals 1'24 04127/99 Hvdro SUDolv Co. 1361.29 (2) 2" Turbo T-200 MeterslFlllIU!e Sets T25 04/27/99 ICI Dulux Paint Center 452.73 Field Markin. Paint T26 04/27199 Lealrue of Minnesota Cities Insurance Trust I 236.00 WC Audil Adiustment 1998 T27 04127199 Lillie Submban Newspaoers 284.40 Leilal NoticeslRec Pro. Sunervisor Ad 1'28 04127/99 LTG Power EauiDment 85.09 12\ He1metslFace & Ear Protection 1'29 04/27/99 Mac Oueen EouiD. Ine 459,10 #201 Sweener Maintenance Parts DO 04/27199 Madsen. Eleanor 10,00 Refund-Pet Pals T31 04/27/99 Me Donald Batte>v Co, 53.20 Batt.", D2 04/27/99 McClish Electric 35.50 Refund-Electrical Permit #99-5 J D3 04/27/99 McGuire Brenda 10.00 Refund-Pet Pals T34 04/27/99 Met Council Environmental Services 36 627.49 Mav Sewer Ch!lIl!e T35 04127199 Morse Lisa 28.00 Refund-Snill Snlat & Sn1atter D6 04127/99 Natale's Cafe Inc. 80.00 Council Work Session 4/19/99 D7 04/27199 Northern 39.39 Taro - SaltlSand Pile T38 04/27/99 Non Comoanv 21.91 Hvdraulic Hose - Indv Acouisition D9 04/27199 Oxv~en Service Comnanv_ Inc. 58.72 Oxwen/Acetvlene I Sublotal- Unoald Claims 67 144.21 II ~JIO)'ObloIcIoi..., . I ""' i . . ) . . I'- . '~ ." . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 04/26/99 COUNCIL MEETING PAGE30F3 UNPAID CLAIMS REGISTER: :HrtlJilliiJMiPl:l ~i)tfqt_'~fNfmPd\kkVi2mfMln:ntnttt::~WA~::ii:M~_HHMOOM1.tr!r:";M~!t:::f:~~W~tMt:t~~M:+nW~i~:~Ml:~H:W}~ T40 04/27/99 Peloouin Marv 10.00 Refund-Pet Pals T41 04n7/99 Peterson. Fram & BenrnUlll 5903.26 March Le.a1 Fees T42 04/27/99 Pollac"- Jon 30.00 Refund-Tennis T43 04/27/99 Post Terrance 39,06 Milelllle Reimbursement T44 04/27/99 Prnn Rec & Rev-Revenue 846.98 Unleaded Gas & Diesel Fuel T45 04/27/99 Prosource Tec1moloaies lnc, 2 800,00 Evironmental Site Assessment T46 04/27/99 Randall Nancv 42.78 Milealle Reimbursement T47 04/27/99 Rinowald Kevin 28.46 Milelllle Reimbursement T48 04/27/99 Romrv Club of AHlShoreview 150,00 2099 - Dues & Meetin.. T49 04/27/99 Safety Check 114.24 Subscrintinn tbrou.m 4/00 T50 04/27/99 Scherbe! Dave 79.60 MileagelEXDense Reimbursemenl T51 04/27/99 Scherer Bros. Lumber Co. 21.64 Lumber-Freewav Warmin. House T52 04/27/99 Software Tailors 20,00 PC Network Sunnort T53 04/27/99 Star Tribune 500.00 Ad-Rec Prooram Snrv - 4/11 T54 04/27/99 Stowell Sheila 18,23 Milelllle Reimbursement T55 04/27/99 Tomei Stores 140.05 E.. Hunt T56 04/27/99 TimeSaver Off-Site Secretarial 377.25 Recordiruz See-PC 4107 & CC 4/12 T57 04/27/99 Werner Joani lO.OO Refund-Pet Pals T58 04/27/99 West Weld 229,57 ShOD Sunnlies T59 04/27/99 Xerox Comoration 747.05 CODier Lease Subtotal, Page 3 of3- 12,108.17 Pa.. 2 on Btouoht Forward - 67144.21 Tota! U.noid Claims 79,252.38 ....tyJKma.l:I~....1 i IX ii: - ~ i Q W ~ ~ u W J: U - ...J~ ..J." ~~ ~s 11.." ..J!!! ii:~ 11.;:; <0 C,;; Z:;! 0" U; ~e. l/) ..J ..J i: z w C IX < u.. o ~ (3 I. · " I 'lI I IC~ :::~:~~ Ilil* tii~:m M*di ih[j m]~':~*' li1ht Ill' 'jp'''' .(~., ~k': . jm~'::~: .~:<.~;. WI:; 1'""'I'I'lm . >:,.... "," .~". tii ffiilffi 15 8 H ';:i' :1;! . > u ... ,. g is '" .ll:d'6 ~~;p~~ ~~~~~~ t ~ j ~ ~ i i ]Ii ~ j ~ t; u ] ] o ~ ~ ~ ~ ~ fff ~ ~ ,,; i1l i1l :5 g ~ N ~ ~ ~ - N N ~~~~~~~~ 00 M M Q(I QO N ...,. go ~ ~ ~ N - '" ~~~~ '" ~ - o 0 00 d d '" '" g g g g g g g g W::, Jt X{-}. ...... 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"" '" . .,., '" "': S N >D ,; i ~ ! i.~ d~ 'll"," 'N'" b ~!~ .~ ~ .e 'i J ~ Iil ~ HI 4;1 r- ;l>, E 4;1 :;a v.J oS .2 i,f -8.... ~ If 0 .s I * . r /r !. ~ ~ l . .. Ii ~ I l ! fjl ni !n fJ J nl ~d 1~ t l ~ I II. '0 g ~ . ,,. ~ ~ C III !C c !:l u III :I: U . ... ... o It: ~ II. ... ii! II. <( ... ~ w lii III ... II. II. :::l III g . > ..~ <<it; ~~~ ~ ~ ,.; ~ " W :::;~. ::::::. H . .". ~ ... % z w C It: <( IL o /:: o . ilil ...... ~.~~~~~ r.. it ! . l . e e - CITY OF ARDEN lDLLS MEMORANDUM DATE: April 23, 1999 TO: Mayor and City Council Brian Fritsinger, City Administrato~ FROM: SUBJECT: City Hall Hours of Operation Request Staff would request that the City Council once again consider a change in the normal workday hours for City Hall and maintenance during the summer from Tuesday, June 1, 1999 through Friday, September 3,1999. As in past years, this requested change for City Hall would be Monday through Thursday, 8:00 a.m. - 5:30 p.m., and Friday, 8:00 a.m.- 12:00 p.m. For Public Works and Parks, the change would be Monday through Thursday, 7:00 a.m. - 4:30 p.m.; and Friday, 7:00 a.m. - 11 :00 a.m. Back!!:round During 1996, the City Council approved a change in work hours from July 2, through September 2. During 1997, this change was approved from June I, to September 1. In 1998, summer hours began on June I, and ended on September 4. The change to summer hours is intended to improve customer service, staff productivity and staff morale. The primary reason for this change, rather than extending hours five days a week, was because of our small staff and the difficulty in scheduling coverage by each department. The City has not received any direct negative feedback during the period of time the hours have been changed. In fact, most feedback continues to be positive. Recommendation Staff recommends the Council authorize the implementation of a change in the normal workday for the City for the time period of June 1, through September 3, 1999. BF Isis e e e CITY OF ARDEN mLLS MEMORANDUM DATE: April 23, 1999 Mayor and City Council (1) Brian Fritsinger, City Administrato~ TO: FROM: SUBJECT: 1999 Business License Renewals Reauested Action The City Council is asked to consider the approval of the final 1999 Business License renewal. Backl!round The only renewal license remaining is that of Sims Deltec, Inc. (#99-115), at 1265,1275, and 1285 Grey Fox Road (Northpark Business Center), in the amount of $40.00. All required information and application materials have now been received. Previous approvals by the City Council have taken place at the January 4th, January 25lh, February 8th, March 8th, and April12lh meetings. Recommendation Staff would recommend City Council approval of the 1999 Business License identified above. BF/sls .. '~ . . . CITY OF ARDEN HILLS MEMORANDUM DATE: April 22, 1999 TO: Mayor and City Council " BriaD Fritsinger, City Administrato@ FROM: SUBJECT: City Hall AudioNisual Program Backt!:round On March 15,1999, the City Council discussed the various costs associated with the new City Hall facility. At this meeting, the City Council directed the City Administrator and Architect to meet with the AudioNisual (AN) Consultant, Electronic Interiors, Inc., to discuss the reduction of program and cost in the area of AN. On April 13, 1999, a meeting was held where this message was communicated to Electronic Interiors. At the meeting, several methods for reducing the estimated project cost were discussed. Electronic Interiors was directed to prepare a detailed summary of the areas where savings could be made, and then to prepare an outline that discusses the impact to the AN program, if such changes were implemented. A representative of Electronic Interiors will be in attendance at the meeting to review the options available to the City. Recommendation The City Council is asked to provide direction on the proposed changes in the scope of the program for AudioNisual services. Enclosures , . April 21, 1999 Dear Brian: Regarding reduction of the expected cost for media technology in the new Council Chambers, I think we are now much closer to the budget goal. Please review the cuts we have made, our opinion of those cuts, and our recommendations for proceeding. Results of the Value Engilleermg are as follows: . We have re-engineered how signals are developed at the lectern. This mixes some audio sources locally at the lectern, which eliminates the need for a RGBHV switx:her with MY capabilities. No reduction in functionality, but not as "clean" of an installation as originally. . Grouped all audience speakers on one zone, reducing the audio zones required from three to two, and eliminated one EQ and AMX volume control of the system. This will reduce the number of loudspeaker zones in the room, but we do not expect that this will reduce functionality significantly. Some talkers may have more difficulty being heard however. . Simplified the switching to the modulator by eliminating the automation bypass switch. This provides less flexibility to select a feed to the cable company, but will still function for basic needs. . Reduced the SVHS VCR's from Sony PRO-Summer decks to consumer Mitsubishi units. These will still work, but will have a shorter working life. . Reduced the camera system by abandoning the recommended Sony, gen-lockable, CCU-style system that is controlled via AMX, and replaced it with a less expensive Panasonic, security-style system. Conttol system is basic and separate from AMX, sync system is handled within the SEG (no CCUs) cheaper and "weaker" lens but the system maintains 3CCD. The compromise here is somewhat in the quality of the picture, but mostly in the dynamics of the lenses and the control system. The pan/tilt is not as fast or as accurate as the recommended system, and the pan/tilts makes noise that is a bit more audible when in motion. . Reduced the SEG from a six input to a four input switx:her that each input automatically frame syncs. Logical switcher layout is compromised. . Eliminated Sen-Iock system. This can be done with the Panasonic camera system; hQWeVer, the addition of some more equipment in the future will require an addition of this back in the system. . Eliminated the color preview and program monitors. Color program monitoring can be viewed by sharing a monitor with the off.air and rec mOllitor. This will require more switching at the monitor for previewing. . High resolution monitor and all processing electronics to develop the preview feed at the presentation lectern was eliminated, reducing the need for a matrix high resolution switcher within the system, as well as the monitor itself. This will eliminate the ability for the presenter to preview materials before they are shown on the. rear screen. To do this Or do some overhead camera focusing, Qr tape queuing, it will have to be done more in the "public" view since it will be seen on the rear screen. ,CONSULTANTS AND DESI~NE~S Au." .~~~SVSlE~ ELECTRONIC. . Asso<;IAlEDTECHNOlJ:)O~ ~ I.~ 1..- 40 MACKUBiN STREEl. SAM P.o<JL MINNESOTA 55102 (612) 292-1035 (612) 292-KJ63 FAX INFC@B.E<fRONI<INItTOCJIlS.COM . Brian Fritsinger City of Arden Hills 4364 West Round Lake Road Arden Hills, MN 55126 , ,Subjed: City of Arden Hills. Minnesota City Council Chambers Value Engineering 042099 L T!l. {BriIlll'Titsiosw).doc 8/l 'd 60S6'oN S~OI~31NI JINO~lJ313 1'lV09:01 6661 'l&'jd\l ~ . Dais monitors and electronics feeding those have been eliminated, as recommended by Peter Vesterholt. The. drawback to this of course is that the view to the rear screen is poorer for the council than with the dais monitors. . Data projector reduced from an Electrohome DL VI280 to Proxima. This eliminates the ability to handle IIDTV (the projector will have to be replaced if/when you go to that format), and some quality is sacrificed. . The Leightronix Automated Playback COntroller that you already own will be reused. . Simplified AMX Control system by eliminating cable cast c:ameras from AMX control. This talces the ability away from the presenter at the lectern to control the cameras, a feature that we had in the recommended system as an option, but would not have been implemented anyway. . Reduced some presentation system fJ:om Extron brand to Inlille brand. The Inline brand is a less fllqlflnSive brand. . Eliminated waveform monitor and vectOJ: scope. These are us'ed by the operator for setting up proper levels of cameras, etc. The operator will have to adjust "by eye" and the cable company may have to contact the city from time to time in order to ask for some signal adjustments. . Reduced main rack from a four bay console to a three bay console. This will provide adequate space, but limited growth space. . Audio monitoring in the control room is done via 13" TV set internal loudspeaker instead ofa dedicated loudspeaker. The above cost should be around $119,000 installed (no tax). In addition to this number, we can bid the following alternates if you wish: . ALT ONE: The addition ofa camera to the cable casting system brings the total of cameras to three. Value around $13,500. ALT TWO: The addition of a character generation system for the Bulletin Board broadcasts with off-air music as background. Value around $ 6,000. Recommendation: . Due to the total dollars being under the council maximum goal ($120,000), we would recommend tilat you attempt to get approval for the $120,000 figure. If the council is looking for a number closer to $110,000, the only single remaining cut ofthat magnitude would be the overhead camera over the lectern for about $8,000. Otherwise, the entire presentation system or the entire cable coverage system would have to be cut. Bither cut of this scale would bring the budget under the $90,000 minimum goal. We do not see a way to retain either of those sys~ in working order with further partial cuts. Please review and get back to me. I would like to move ahead with the design next week if possible. I will be out of town until April 26. If you have any questions, please give me a call at that time. 'WJ) Dickson Stewart Principal Cc Peter Vesterholt . Electronic Interiors, Inc., Letter 04/21/99, Page 2 ur'r! BnRB'ON SMO I ~31NI J I NQMlJ313 ~VOg:ol 666L"JZ'JdV . . RECEIVED MAR 2 2 1999 CITY OF ARDEN HILLS Transmittal 1 i i i I I To:lg~F~ Comp~-;- C~ ~ A~ H-:14 Project: C~.c{ 14~ 1-1.:14, HN C~ C~w~:1 ~ From: A~ g~ Company: I E~ ,~, ,~. Date: I H~ 1~, 11qq .J , i I I I I --'1 I , ~ i I I i ! ! WEARE SENDING: Drawings Details Specifications Memorandum x Other Correspondence Copy of Letter Shop Drawings Samples VL4: x Mail Courier Overnight Express By Hand Fax .QTY 1 DATED 3/18/99 DESCRIPTION Post Draft Design Estimated Budget (5 pages) REMARKS: C: Enclosed is our Post Design Estimate for the Chamber Media Systems as described in the revised Media Program. This should be a more accurate estimate than the one provided in Programming. As you can see, we have provided two alternates to help bring the cost of the system down. The first alternate adds the third coverage camera that you wanted to add at a future date. The second alternate is to take the bulletin board and the bulk of the delayed playback system out of the base bid. Please review this and let us know if you see any ideas for further reductions, or if you should have a maximum budget that must be met. We could reduce features in the systems to comply with that number. We will wait until we hear from you. . E~~ ,~, ,~. 40 Mackuloin Street St. Paul, Minn890ta 55102 651.292.10.35 Fax: 651.292.106.3 info@electronicinterior5.com Con9ultant9 and D89igner9 for Electronic Media Systems & T echnologi89 < 1l88~8888888888888~~~~~~~~~~~~m8~88888~88888888888888888 ~~a'~~~~g~~~~~~~g~~~~~~~~~~~~~m~~~ggggg~~~~~~~g~'~~g~~~~~~ ~ ~~WM;~==~~~~~O~MMWfiWWWWMMfiW~N* ~M~~~~~~ ~~~~~w~~~ g _*~w w=~;=ggWgW MW ~ W W w*w~a m t!l Ie ! ~~ ~~ "0 'DlD 51l D~ "E ~~ ~" "w S e ~l :i~ .0 -~ '" 0 e~ ~ i: j! Ii: :! !. i i i!! i i i I!' !! I i I ~ ~18ii!l i5 ~11l!1l18 818i8 ~ ~I~I~" 81818 8 8'11818 8 81818 B 81~i1l5 ~ ~I~ ~ ~i~!~ ~ ~I~I~ Il B !l !l1l ~1'lll~ ~ ~ ~i ~ 818i~ ~ ~I~i~ ~ ~i~!~ ~ ~ ~i~ ~ sis;:s ~ ~ s!:s 5 51:si~ z ZIZ!~ f: 0 5i5 is ~l~io 5 t;i~15 ~ ... 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Illlli iJIII i.liJilllUIIIIIIIL.lliIIIII11111LllIIIIIJ IIJ . , ~ - V>~ ~ ~~~ .0 ~ ::3:- - - "'b o -Z- . " ~ .. i . , 'j . ..,~ e e . MINUTES CITY OF ARDEN IDLLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, APRIL 7, 1999 7:30 P.M. - ARDEN HILLS CITY HALL ~~~~y CALL TO ORDER Chair Steve Erickson called the meeting to order at 7:30 p.m. ROLL CALL Present were Chair Steve Erickson, Commissioners Stephen Baker, Terri Duchenes, Therese Galatowitsch, Brent Nelson, Marty Rye and Dave Sand. Also present were Councilmember Paul Malone, Associate Planner Nancy Randall, Assistant to the City Administrator Kevin Ringwald and Recording Secretary Lori Rolfson. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON MARCH 3. 1999 Commissioner Duchenes moved, seconded by Commissioner Sand to approve the March 3, 1999 minutes. The motion carried unanimously (7-0). PLANNING CASE #99-05 - BETHEL COLLEGE - 3900 BETHEL DRIVE - SITE PLAN REVIEW - PUBLIC HEARING Chair Erickson confirmed that the Planning Case was announced in the March 24,1999, publication of the Bulletin and opened the public hearing at 7:32 p.m. Ms. Randall explained that the applicant was requesting approval of a site plan to allow for a parking lot expansion at the Bethel College campus which is located at 3900 Bethel Drive. Bethel College is currently operating under a Special Use Permit, which was issued in March of 1978 in Planning Case 78-5. In September 1980, the Master Plan was amended to allow for site plan approval of those requests, which are in conformance with the Master Plan. The Master Plan was last updated in 1996. The proposed parking lot is shown as tennis courts on the Master Plan. Bethel College has identified two possible locations forrelocation of the tennis courts; however, the actual location has not yet been determined. One potential location would be within the joint effort area with the City of Arden Hills and Bethel College across Old Highway 10. The other potential location would be to the west of the current western parking lot. Staffhas determined the parking lot to be similar in nature to the approved tennis courts, based on the amount of impervious surface not being increased. However, if the tennis courts were to be relocated, either now or in the future, this would require an amendment to the Master Plan. The proposed parking lot circulation appears to have several potential problem areas. As shown on Exhibit A 617, when parking in Area 1, traffic will have to circulate to the rear of the parking ARDEN HILLS PLANNING COMMISSION - APRIL 7,1999 ~~~~r 2 .. lot to exit. Area 2 may be difficult for vehicles exiting the stall to see cars moving towards the .. exit. Area 3 may be confusing due to vehicles entering from both directions. Vehicles backing ., out of Area 4 will be going against traffic. Staff recommends the applicant review the circulation throughout the parking lot. The applicant currently has a parking demand of 1,511 parking spaces and has 1,806 parking spaces on site. Therefore, the site contains sufficient parking spaces to meet the minimum requirements of the Special Use Permit. However, students, visitors, and College staff have been having difficulty finding parking during peak times. In addition to adding to the parking lot, the College is taking several steps to reduce the parking problem: . Freshmen will not be allowed to have cars on campus. For special needs, a small number of spaces will be allotted and available by appeal. . Shuttle service will be expanded to allow for increased student needs. . Car pooling incentives are being implemented for faculty and staff. . A vehicle registration fee of$40 per semester will be implemented for all students. This registration fee will be used for purposes such as increased shuttle service, lot security, and the construction and maintenance of new and existing parking lots. The applicant is proposing to add lighting with the parking lot. There currently is lighting along .. the west side of the tennis courts for the trail. The applicant is proposing (4) four, 400-watt high ., pressure sodium fixtures on two 25 foot poles. They are to be located on the eastern and western sides of the parking lot. A letter from Mr. Mark Nagel, 1469 Arden Oaks Drive, was entered into the record expressing his concern for the relocation of the tennis courts. Ms. Randall advised that the Staff recommends approval of Planning Case #99-05, Site Plan, to create additional parking, subject to the following conditions: 1. If the relocation of the tennis courts is to be located on the Bethel Campus, under a special use permit, an amendment to the Master Plan be acquired. 2. Review of the parking lot layout by the applicant's engineer, and either modifying the parking lot design or supplying a statement that it can operate safely. 3. Compliance with the letter from Bethel College dated December 10, 1998. 4. Rice Creek Watershed District approval. 5. Maintenance of the vegetative buffer on the west side of this parking lot in accordance with the Shoreland Ordinance. 6. Compliance with the Lighting Standards of the Zoning Ordinance. If the Planning Commission makes a recommendation on this Planning Case, it would be heard at the Monday, April 26, 1999, regular meeting of the City Council. e Mr. Boyd Paulu,3782 McCracken Lane, stated that he owns the 10 acres across Old Highway 10. He indicated that, in light of the current plan to develop the land across from the tennis courts, he finds it curious that the College would be removing the tennis courts and replacing . e e e ARDEN HILLS PLANNING COMMISSION - APRIL 7,1999 ~~~~i 3 them with a parking lot in an area which does not fit for parking. He stated that he is a Civil Engineer and in his opinion the site is much better suited for tennis courts. There is a 10% grade up to the proposed parking lot where a 6% or less grade would be more appropriate. Mr. Paulu suggested that, if there is the potential of relocating the tennis courts to the west of the current parking lot, the parking should be expanded in this area rather than relocating the tennis courts. The College recently expanded parking across from the service drive on Snelling Avenue and he wondered when there would be enough parking. Other schools are considering deck parking and this could be another consideration. Ms. Billy Schacht, 1683 Lake Valentine Road, stated that Bethel College has developed skeptics throughout the City and this may be one reason why. There have been many controversial issues with the College in the past, such as when the College removed a number of beaver homes along Snelling Avenue, a few years ago. The College had stated that the beaver dams were blocking the water flow, which they were not. The College keeps pushing for more development and the residents of the City tend to be skeptical. Chair Erickson closed the public hearing at 7:43 p.m., as no one else wished to address the Planning Conunission. Chair Erickson aSked Staff if, when the proposal had been discussed with the applicant, had other alternatives been considered for the relocation of the tennis courts. Ms. Randall suggested that the applicant address this question. Mr. Craig Hjelle, Director of Physical Planning, Bethel College, stated that other options had been considered. The preferred option would be in the location of the joint effort across Old Highway 10. The alternative location on campus, west of the existing parking lot, would not impact the vegetation. The College would prefer not to locate the parking in this area due to the view when driving by the campus. The proposed location of the parking lot would be in close proximity to, and serve, the Residents Hall. With regard to the suggestion in the letter from Mr. Nagel, to locate the tennis courts on the northeast side of the campus, Mr. Hjelle stated that this had been considered. However, most other locations on campus have hills, trees, and wetlands. Chair Erickson confirmed that the proposal would be to locate the tennis courts either in the area of the existing softball field, or across Old Highway 10. Mr. Hjelle stated that this was correct. He indicated that the current tennis courts are in terrible shape and would need substantial soil corrections. With the need for additional parking on campus, it was determined that the area would be better suited for a parking lot. Commissioner Rye asked if the applicant had considered the expansion of the western parking lot. Mr. Hjelle stated that this had been considered, however, there had been a concern for the view from the road. Conunissioner Nelson asked if locatillg the tennis courts west of the parking lot would result in the College being short one softball field. Mr. Hjelle stated that a Junior Varsity softball field is planned to be part of the joint effort across Old Highway 10. ARDEN HILLS PLANNING COMMISSION - APRIL 7,1999 ~~~~y 4 . Commissioner Sand referred to the Staff's concern regarding the layout of the proposed parking tit lot markings and the potential for congestion. He asked if the College had discussed this issue with the Engineer in order to alleviate the potential congestion. Mr. Hjelle stated that the Engineer had been contacted and will review the parking lot markings. He noted that this needs to be carefully reviewed since markings need to be in place. Commissioner Sand noted that the drawing of the proposed parking lot does not appear to include handicap spaces. He asked if this is correct. Mr. Hjelle stated that this was correct. Commissioner Sand asked if handicap-parking spaces are required. Mr. Hjelle stated that this issue would have ,to be reviewed with the City Staff. Commissioner Sand stated he would assume that, any time a parking lot of this size is constructed, the State Building Code and related handicap provisions would mandate a certain number of handicap spaces. Mr. Ringwald stated that this was correct and that Staff would review this issue. With regard to the steep driveway, Commissioner Nelson asked if the College's Engineer had reviewed the drawing. Ms. Randall stated that the Engineer had reviewed the drawing and had commented that, although it was steep, it could be maintained. Commissioner Nelson noted that this would be a steep roadway for the northern climate and asked the applicant ifhe felt this would be a concern. Mr. Hjelle stated that this was a valid concern and he would raise this question to the Engineer. He indicated that he was not sure what ... the exact grade would be. .. Chair Erickson asked what the current time frame is for the revision of the circular drive. Mr. Hjelle stated that this is a funding issue. He indicated that the College had hoped it would be accomplished prior to the opening of the new dorm; however, this will most likely not happen. He stated that the time frame might be approximately three to five years. Chair Erickson stated that this would be an issue with regard to the access to the parking lot as the steep road may affect access to the circular drive. He suggested the possibility of changing the access to the lot at the upper level from the east rather than the south. Commissioner Rye asked what the City's authority level is with regard to design standards of internal roadway systems. She indicated that there are standards for the City streets and these standards do not necessarily have to be followed for a private road. Mr. Ringwald added that, although this development involves private streets, the public uses the streets. Therefore, it would be within the City's authority to request a review of the appropriateness of the circulation and grade of the parking lot and require a statement from a professional engineer indicating why they have concluded that the parking lot can operate safely. Chair Erickson asked if the footprint of the proposed parking lot would be the same as the existing tennis courts. Ms. Randall stated that it would be. The only difference would be the ... addition of a roadway from the existing parking lot to the tennis court area. .. Chair Erickson stated that the impact of the parking lot on the neighborhood would be minimal as it would be internal to the site. He indicated that he uses the campus on occasion and there is e e e ARDEN mLLS PLANNING COMMISSION - APRIL 7, 1999 ~OO~~l 5 a lack of parking when events are held. Parking will also be an issue when the new dorm is opened. The proposed location for the parking lot seems to be appropriate, as it would not affect the surrounding area. Chair Erickson indicated the only remaining issue would be the location of the tennis courts. He asked Staff if there was commitment from the applicant as to where the tennis courts would be located. Mr. Ringwald stated that this would be determined if and when the proposal comes in to rebuild the tennis courts. He noted that with the construction of the parking lot, the College is not guaranteed that they will get replacement tennis courts. Mr. Hjelle aclmowledged that Bethel College fully understood that the construction of new tennis courts was not being guaranteed by the City, through this approval process. Chair Erickson stated that locating lighted tennis courts in the area of the softball field, next to Old Highway 10, might be objectionable. Mr. Hjelle stated that at this point the tennis courts are not lit and there would be no plan to light the new tennis courts. Commissioner Sand noted that the drawing of the proposed parking lot depicts three spaces at the south end which ire wider and may be the handicap spaces; however, they are not designated. He asked the applicant to confirm this with the College's Engineer. Commissioner Sand noted that the Planning Commission had, in the past, requested that photographs of sites being reviewed be included in the application packets and these were not included with this Planning Case. He indicated that this would have been especially helpful in this case where there is an issue of the grade of the roadway and the topography of the area. He suggested that Staff be consistent in providing photographs with the applications from now on. Commissioner Rye moved, seconded by Commissioner Nelson, to recommend approval of Planning Case #99-05, Site Plan, to create additional parking subject to the following conditions: 1. If the relocation of the tennis courts is to be located on the Bethel Campus, under a special use permit, an amendment to the Master Plan be acquired. 2. Review of the parking lot layout by the applicant's engineer, and either modifying the parking lots design or supplying a statement that it can operate safely. 3. Compliance with the letter from Bethel College dated December 10, 1998. 4. Rice Creek Watershed District approval. 5. Maintenance of the vegetative buffer on the West Side of this parking lot in accordance with the Shoreland Ordinance. 6. Compliance with the Lighting Standards of the Zoning Ordinance. 7. Confirmation that handicap spaces will be provided. 8. A finding that the grade of the roadway is acceptable. ~OO~~l ARDEN HILLS PLANNING COMMISSION - APRIL 7, 1999 6 The motion carried unanimously (7-0). tit This Planning Case will be reviewed at the Monday, April 26, 1999, City Council meeting. Mr. Hjelle stated that he will be relocating to Pennsylvania and he expressed his appreciation to the Planning Commission, and City Council of Arden Hills, for their professional relationship and willingness to work with Bethel College and himself. Commissioner Sand asked Mr. Hjelle ifhis replacement has been selected. Mr. Hjelle stated that his position will be :filled; however, the new individual has not yet been selected. PLANNING CASE #99-02 - RALPH HINES - 1700 VALENTINE AVENUE - MINOR SUBDIVISION - PUBLIC HEARING Chair Erickson cohfirmed that the Planning Case was announced in the March 24, 1999, publication of the Bulletin and opened the public hearing at 8:06 p.m. Ms. Randall explained that the applicant was requesting approval of a two lot minor subdivision at 1700 Valentine Avenue. The parcel is zoned R-l Single Family Residential. The applicant proposes to divide the property into two parcels. Proposed Lot 1 (northerly lot) contains the existing home at 1700 Valentine Avenue. The existing home will meet all required setbacks with the proposed subdivision. Lot 2 (southerly lot) is currently vacant. The applicant .- completed a wetland delineation, which found some type 1 wetland on the property line between ., proposed Lots 1 and 2. However, this wetland should not impact the buildability of Lot 2. The proposal meets all required area, dimensions and setback requirements. . It is Staff's recommendation that the basement elevation not be below 906.2 feet. Engineering specifications, providing proof of adequate drainage below 906.2 feet, may be submitted to Staff for approval below the 906.2 foot level. Park dedication fees were not paid with the platting of Valentine Hills. Park dedication fees should be required with approval of this minor subdivision. Ms. Randall advised that the Staff recommend approval of Planning Case #99-02, Minor Subdivision, subject to the following conditions: 1. Payment of the appropriate park dedication fee. 2. Recording the subdivision in the form of a Registered Land Survey. 3. Rice Creek Watershed District approval. If the Plamring Commission makes a recommendation on this Planning Case, it would be heard at the Monday, April 26, 1999, regular meeting of the City Council. tit Chair Erickson requested confirmation that the Minnesota Department of Natural Resources does not protect the Type 1 wetland. Ms. Randall confirmed that this wetland was not a DNR Protected Wetland. ARDEN HILLS PLANNING COMMISSION - APRIL 7, 1999 ~~~~y 7 e Chair Erickson asked how the wetland area would affect the buildable area of the lot. Ms. Randall explained that the wetland must not be built in unless the wetland was filled, which would require permits from the Rice Creek Watershed District and the US Army Corps of Engineers. Commissioner Galatowitsch asked if there are additional setback requirements from the wetland area. Ms. Randall stated that current city regulations do not require such a setback. Commissioner Sand asked if the property is currently one lot. Ms. Randall stated that it is. Commissioner Sand noted that a photograph shows a sold sign on the property. He expressed his concern that the property had been put on the market before the subdivision had been approved. Ms. Randall explained that the applicant is the buyer of the property and the sale is subject to the approval of the minor subdivision. Ms. Billy Schacht, 1683 Lake Valentine Road, stated that she could not understand why someone would want to split a lot. She indicated that the lots in her neighborhood were set up to be 250 feet long and 100 feet wide and most people prefer long lots. She expressed her concern that the split lot would not fit properly within the neighborhood. e Ms. Bridgette Hieu, 1700 Lake Valentine Road, concurred with Ms. Schacht in that she too could not understand why a person would split a large lot. She noted that there are a number of mature trees on the lot, which may be affected. Additionally, it is unknown what type of home would be built on the second lot. She also expressed her concern of where the construction equipment would be kept while building the new home. Ms. Schacht noted that the wetland on the property used to be a pond and is now dry. Mr. Craig Wilson, 1677 Lake Valentine Road, expressed his concern of how the entire area may be affected if the wetland was filled and he suggested that an appropriate study be conducted in order to determine this. Ms. Schacht noted that at the rear of the properties along Lake Valentine Road there is a drainage, which flows from the High School. There had been a stream running through her property and because the drainage has been changed this no longer flows behind her lot, however, the area is still wet. Ms. Dorothy Raetz, 1703 Lake Valentine Road, stated that the area in concern is wet. She indicated that the former owners of the property used to keep the pond filled with a hose and the area is now dry. This is a low spot and the water does run into her backyard. If the topography is disturbed and more water runs into her backyard she would expect someone to do something about it. Chair Erickson closed the public hearing at 8:17 p.m., as no one else wished to address the e Planning Commission. Chair Erickson asked Staff if any thought had been given to maintaining a drainage easement on the property. He noted that there had been an issue with a new building north of Lake Johanna, which was built in a natural flow area. In this case, the City, had been involved in creating a ARDEN HILLS PLANNING COMMISSION - APRIL 7, 1999 ~OO~~f 8 drainage, away from the building, down to the lake. He referred to Exhibit E, which shows the - contours of the area and it would appear that the drainage flows directly from the west and runs - behind the homes.on Lake Valentine Road. Most of the proposed buildable area would be outside the natural flow. Based on the location of the buildable area, the setbacks, and eliminating the wetland area, the proposal theoretically should not affect the drainage. Chair Erickson asked Staff if there should be any additional provisions or if the issue of the wetland and drainage was covered by the Rice Creek Watershed review. Mr. Ringwald stated that in the past the City had required public water easements for storage of drainage water. He indicated that he was not sure if this situation would fall under this category. Chair Erickson stated that, according to the contour drawing, it would appear that there is drainage at the rear property line. Mr. Ringwald stated that there would be drainage utilities provided between the two lots. Ms. Schacht reiterated her concern for flooding of the area. She stated that she has lived in the area since 1949 and there have been times when the entire area has been flooded. Chair Erickson stated that, based on the findings of the minimum requirements for a lot, both lots would meet these requirements with regard to size, dimension and buildable area. Therefore, there would be no grounds to not recommend approval of the minor subdivision. Ms. Randall concurred and noted that additional restrictions could be placed on the request, if the Plamring Commission feels it would be necessary. e Ms. Schacht asked what the minimum requirements are for lot width and depth. Ms. Randall explained that the lots must be 130 feet long and 95 feet wide. However, since the proposed lot is a comer lot, the minimum width would be 105 feet. Ms. Schacht indicated that her primary concern would be for the lot that contains the existing home. The lot is very low and the existing home has no basement. Commissioner Galatowitsch asked, based on the minimum lot requirements, would there be anything to prevent the owners of the lots directly behind the existing home from requesting to split their lots. Ms. Randall stated that access to these lots would be an issue. Additionally, these lots are narr6wer than the lot under consideration. Therefore, the other lots may not meet the minimum square foot requirement. Commissioner Rye asked Staff to explain the internal process for ensuring that the new home meets the minimum requirements, particularly the basement elevation requirement. Ms. Randall explained that when the building permit is requested, the permit will require that the structure not be built below the 906.2 feet without providing proof of adequate drainage. Commissioner Rye asked how this requirement is caught during the building permit application process. Ms. Randall explained that at the time the permit is requested, the Building Inspector would review, or have the Staff review, the conditions of approval of the Planning Case. e Commissioner Sand referred to Stafi's recommendation that the basement elevation not be below 906.2 feet and that Engineering specifications providing proof of adequate drainage below 906.2 feet "may be" submitted to Staff for approval below this level. He suggested that the . e . ~~~~y ARDEN HILLS PLANNING COMMISSION - APRIL 7,1999 9 requirement for specifications providing proof of adequate drainage be mandatory. Ms. Randall agreed. Commissioner Sand referred to the contour map and noted that the first contour line at the southeast comer is 910 feet. The contour line then goes down to 908 feet, 906 feet and 904 feet and comes back up again. If the 906-foot contour line is in the middle of the lot, a basement cannot be built. Ms. Randall stated that this was correct, unless the applicant provided Engineer specifications on how the drainage will be dealt with. Commissioner Sand referred to the Subdivision portion of the City Code, Section 22-6, which discusses the qualifications governing approval of preliminary plans. Subparagraph A states that "The City Council may require such changes or revisions as it deems necessary for the health, safety, general welfare, and convenience of the City." Subparagraph B states that "No plan will be approved for a subdivision which covers an area subject to periodic flooding or which contains extremely poor drainage facilities which would make adequate drainage of the streets and lots impossible, unless the Subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area completely safe for occupancy and provide adequate street and lot drainage." Commissioner Sand asked if there is any likelihood that building on this lot will affect the drainage either in the streets or the lot itself so that water is diverted to other lots, and if the mandated Engineering review had been accomplished. Ms. Randall stated that the City Engineer did take a brief look at the proposal. She suggested that the City Engineer could be requested to further review the situation prior to the City Council meeting, or the Planning Case could be tabled. Ms. Randall indicated that the City Engineer had felt that the lot would be large enough to contain the drainage within the site. Ms. Schacht asked who the City Engineer is. Ms. Randall stated that the City Engineer is Mr. Greg Brown withBRW. Mr. Hieu confirmed that, if the subdivision is approved, the applicant would then have to come back and apply for a building permit and this application could be done at any time in the future. Chair Erickson stated that this was correct. Mr. Hieu asked, since the subdivision meets the minimum lot requirements, and there would be no reason for the Planning Commission to deny the request, what is the point of the Planning Case being brought before the Planning Commission. Chair Erickson explained that the discussion of the Planning Case allows the Planning Commission to possibly discover other issues which are beyond the minimum lot requirements which would allow the Commission to place other restrictions upon the approval of the subdivision. Mr. Hieu asked if the building permit request would be brought to the Planning Commission as well. Chair Erickson slated that it would not unless it involved variances. Commissioner Rye moved, seconded by Commissioner Nelson to recommend approval of Planning Case #99-02, Minor Subdivision, subject to the following conditions: 1. Payment of the appropriate park dedication fee. ARDEN HILLS PLANNING COMMISSION - APRIL 7,1999 ~~~fr 10 2. Recording of the subdivision in the form ofa Registered Land Survey. e 3. Rice Creek Watershed District approval. 4. The basement elevation not be below 906.2 feet unless Engineering specifications providing proof of adequate drainage below 906.2 are submitted to Staff for approval below the 906.2 level. 5. A finding that the grading of the property does not adversely affect the neighboring properties. 6. Provision of a drainage easement per the Subdivision Ordinance. Ms. Schacht asked if there is a limitation as to how high the home can be built. Mr. Ringwald stated that the home cannot be higher than 35 feet. Ms. Schacht stated that a home this high would not aesthetically fit within the neighborhood. Mr. Ringwald pointed out that there would be nothing preventing a homeowner from expanding an existing home to this maximum height. The motion carried (6-1, Commissioner Sand opposed). This Planning Case will be reviewed at the Monday, April 26, 1999 City Council meeting. PLANNING CASE #99-06 - CSM IDYNAMARK) - 4295 NORTH LEXINGTON AVENUE a - PRELIMINARY PLAT AND VARIANCE - PUBLIC HEARING .. Chair Erickson confirmed that the Planning Case was announced in the March 24,1999, publication of the Bulletin and opened public hearing at 8:40 p.m. Ms. Randall explained that the applicant was requesting approval of a preliminary plat consisting of two lots on a 10.54 acre parcel zoned I-I, Limited Industrial District. The request also included variances for a zero building setback where 20 feet is required, zero parking setback where five feet is required, and to allow the use of a private drive rather than a public street. The property under consideration in this request was part of the Control Data site. Between 1995 and 1996, with Planning Cases 95-09, 95-11, and 96-05, the parcels A-2 and B were subdivided into a total of three parcels from the Control Data Campus. All three parcels currently have one building each. Last fall, with Planning Case 98-24, CSM Corporation was granted permission to build a 50,400 square foot addition to the building located at 4295 Lexington Avenue (parcel A-2). The building addition is currently under construction. There were several conditions that were to be met. Two conditions remain to be met prior to a Certificate of Occupancy being granted for the building under construction: 1. The applicant retains permanent vehicular, utility, and pedestrian access rights to the properties located at 4255 and 4265 Lexington Avenue. e 2. Work with Control Data to redesign private drive entrance to accommodate main entrance by removing or breaking up the median. e e e ~OOl~~Y ARDEN HILLS PLANNING COMMISSION - APRIL 7, 1999 11 The proposed Parcel IV contains the existing two-story building. Parcel ill is proposed to contain the two-story addition under construction. The applicant wishes to subdivide the property to place the existing building and addition on their own lots for financial reasons. The applicant propose~ that both lots would access to Lexington Avenue and/or Femwood Avenue via the existing private road with easements. In addition, easements will need to be created for utilities and parking, in order to create an invisible property line. In short, the applicant wishes to create a zero lot line subdivision for this industrial campus. The applicant intends to keep the parcel under the same ownership; however, Staff needed to evaluate the proposal as if the parcels were under separate ownership in the event that in the future the parcels were to break into separate ownership's. Easements will be needed for a variety of items, not only for access, but for utilities as well. Utilities are currently based out of the existing building, such as heat, ~ewer, water, etc. Both lots meet the minimwn area and depth requirements. With regard to minimwn width, the proposed Parcel ill will not have frontage on a publicly dedicated street. With regard to setbacks for the structure, the applicant is requesting a zero property line by putting the property line between the two buildings with a 10-foot rear yard setback. There have been several cases approved similar in nature to this proposal. The subdivision of the CSM/DynaMark property at 4255 and 4265 Lexington Avenue was split in a similar fashion with a zero lot line parking lot including access easements. The Control Data buildings at 4201 and 4233 Lexington Avenue was split by a zero lot line such that the parking, utilities, and building were all divided into three lots. Ms. Randall advised that the Staff recommends approval of Planning Case #99-06, preliminary plat, including variances for a zero building setback where 20 feet is required, zero parking setback where five feet is required, and to allow the use of a private drive rather than a public street, subject to the following conditions: 1. Provision of the required easements for access, parking, sewer, water, and utilities between the four parcels. 2. Rice Creek Watershed District approval. 3. Conformance with the conditions of Planning Case 98-24. Ms. Randall noted that Staff received confirmation from the Rice Creek Watershed District that the applicant has received approval for this subdivision. If the Planning Commission makes a recommendation on this Planning Case, it would be heard at the Monday, April 26, 1999, regular meeting of the City Council. Mr. Bill Sikora, Project Manager, CSM Corporation, stated that he was available to answer any questions the Planning Commission may have. ARDEN HILLS PLANNING COMMISSION - APRIL 7, 1999 ~~~~i 12 Commissioner Rye expressed his concern that if the buildings were to bum down, the applicant - would have to come back with requests for more variances. Additionally, there may be problems ,., if the property were to be sold in the future. Mr. Sikora stated that the property is not unique and it goes back to the days when Control Data owned the property. Mr. Sikora stated that CSM Corporation bought the parcel from Control Data for the first two buildings to the south. DynaMark had originally occupied the existing Control Data building and leased the other two from CSM Corporation. Control Data then sold the large parcel to the north to CSM Corporation. Approximately one year ago, DynaMark approached CSM Corporation indicating that they had outgrown their campus. CSM knew that one more building could be added to the property. The question was how to do this and there were a number of tradeoffs. CSM Corporation felt that the proposed configuration was the best for a number of reasons. The existing building is 40 years old and accessibility and the exterior conditions are poor. It was felt that a good solution would be to build an addition and upgrade the existing building. CSM Corporation has worked closely with Dave Scherbel, the City Building Inspector, throughout the process. Per Code requirements the buildings could stand on their own. Commissioner Rye expressed his concern that the strange lot split would be creating odd parcels which, while may be convenient for the property owners now, may be a problem if the property were sold in the future. e Mr. Sikora stated that, because of the necessary legal work with the property, the proposed split is not convenient. He indicated that the existing buildings had been connected to the Control Data building utilities. Utilities had been purchased from Control Data for the four buildings. With the new addition, the utilities had been disconnected from Control Data and the property now stands on its own. Mr. Sikora indicated that there are different mortgages, lenders, lease terms, and leasing agencies on each parcel. CSM Corporation was able to save a large amount of money by constructing the addition since the existing building contained large electrical, heating and air conditioning services. This made it possible to supply utilities to the building addition from the existing building. Because of this, enough money was saved to update the exterior of the existing building and re-light all the existing parking lots and update the landscaping as required by the City Council. Chair Erickson requested background information regarding the Control Data split and why this was done. Mr. Ringwald explained that there were three parcels, two of which cut through the middle of the buildings. The lot split had essentially been done for the same reasons as this request. There were different mortgages and different owners. This is not unusual, particularly with shopping centers developments. Many shopping centers are owned by groups and the lot lines are often stranger than this request. Mr. Ringwald stated that the key issue from Staff's perspective would be that these lot lines . remain invisible. The Control Data campus has stood the test of time, even though the owners have changed over time. This is due to the fact that easements and agreements were in place to ensure that, regardless of who owned which part, the property was being maintained as a single property without being split by fencing. e e . ARDEN HILLS PLANNING COMMISSION - APRIL 7, 1999 ~OO~~Tr 13 If the buildings were to burn down, the property owner would, for a practical matter, be restricted by the lot lines and easements to rebuild in the same or very similar manner or to start over from scratch. Some lot lines were put in place to meet specific Building Code requirements. Chair Erickson asked if, the existing building and the addition were to burn down, would two non-conforming buildings be allowed to be rebuilt, based on the current Ordinance. Mr. Ringwald stated that the property owner would have no choice but to rebuild the buildings in their current position. If the requested variances were approved and the buildings burnt down, the variances would remain in place to allow the reconstruction of the buildings only in the current location. Therefore, it would not be a non-conforming situation where the rights to rebuild would be lost. Commissioner Baker asked if the new building addition was built assuming that there would be a lot line. He noted that Fire Code separation requirements are different when there is a lot line between two buildings. Mr. Sikora explained that there is a two hour fire wall which separates the buildings and the windows are spaced far enough from the property line per Code requirements. In one comer of the new building, a stair tower was added with an elevator to allow access to all levels of the new and the existing building. This solves any issues for future leasing of the property. DynaMark has a 15 year lease and, if they were to leave the buildings, accessibility is increased for multiple tenants. Commissioner Baker requested confirmation that the proposal will not include a new plat. He noted that the Planning Case heard earlier for a residential division had required a Registered Land Survey and he suggested that a new plat would make the property easier to understand. Ms. Randall explained that, because the property is made up of separate lots, it is not the same as a minor subdivision. Mr. PatKren, 1231 Wyncrest Court, stated that along the west edge of the property there is currently a 100 foot barrier and the proposed lot line appears to be within this barrier. He asked what will happen to the barrier and the trees contained within it if parcel IV were to be sold and why the parcels are being split into such an unusual configuration. Ms. Randall stated that the reason for awkward design was so that each individual parcel would meet the open space and parking requirements. This would prevent one parcel from having all the parking and another having all the open space. Chair Erickson asked why parcel IV includes the small tongue of land on the west side. He noted that parcel IV has an easement for access across parcel III. He asked if there is a no-build area on the west side of the property. Mr. Ringwald stated that there is a 100 foot wide no-build area which was approved as part of Planning Case 98-24. Chair Erickson requested confirmation that the no-build area will be maintained regardless of how the property is platted. Mr. Ringwald stated that it would be. ARDEN HILLS PLANNING COMMISSION - APRIL 7, 1999 ~OO~~y 14 Commissioner Sand asked Staff to indicate on the map where the 100 foot no build area is. Ms. e Randall pointed out the area on the map. Mr. Ringwald stated that the western 50 feet was dedicated to the City, and the eastem 50 feet is an easement. Chair Erickson closed the public hearing at 9:08 p.m., as no one else wished to address the Planning Commission. Commissioner Nelson asked if the easement for the road is specific or a general location. Mr. Ringwald stated that the actual location had not yet been determined. Documentation indicating the exact location will be provided to Staff prior to the City Council review. Commissioner Sand confirmed that each parcel is currently owned, leased, and financed separately. Mr. Sikora stated that the parcels are all under the CSM Corporation umbrella, although they are owned by different entities. Commissioner Sand asked who the legal owner is according to the legal title of the four parcels. Mr. Sikora stated that the owner is Mr. Gary Holmes, or his heirs. Commissioner Sand noted that, if the existing building bumt down and there was a separate owner of parcel IV who decided not to rebuild the building, this would negate the benefits of building on parcel ill because the building on parcel IV is needed in order to operate the building on parcel ill. Mr. Sikora stated that it is likely that both buildings would remain with one owner. e Commissioner Rye moved, seconded by Commissioner Nelson, to recommend approval of Planning Case #99-06, preliminary plat, including variances for a zero building setback where 20 feet is required, zero parking setback where five feet is required, and to allow the use of a private drive rather than a public street, subject to the following conditions: 1. Provision of the required easements for access, parking, sewer, water and utilities between the four parcels. 2. Rice Creek Watershed District approval. 3. Conformance with the conditions of Planning Case 98-24. Commissioner Nelson stated that he lives west of the property and indicated that the neighborhood appreciates the no-build zone and that the new building is nice looking. The motion carried (6-1, Commissioner Galatowitsch opposed). This Planning Case will be reviewed at the Monday, April 26, 1999 City Council meeting. PLANNING CASE #99-04 - CITY OF ARDEN fiLLS - NEIGHBORHOOD BUSINESS DISTRICT ZONING ORDINANCE AMENDMENT - DISCUSSION ONLY e Mr. Ringwald explained that Staff is requesting that the Planning Commission commence the review and discussion on the creation of a Neighborhood Business District. e e e ARDEN HILLS PLANNING COMMISSION - APRIL 7, 1999 ~~~~y 15 For some time, the City has been contemplating the future of several commercial comers within the community. These commercial comers are in close proximity to residential neighborhoods and either currently provide, or can provide a limited range of over the counter convenience retail and service uses that serve the daily and weekly needs of these adjacent residential areas. These neighborhood business locations can serve to: decrease the need for excessive automobile trips; provide for a neighborhood gathering place (i.e., public commons); concentrate transit opportunities; and, as the title implies, provide for limited commercial opportunities adjacent to residential neighborhoods. The Staffhas obtained the Neighborhood Business Zoning Ordinances from several other cities. The Planning Commission may wish to utilize these Ordinances as a guide as the City of Arden Hills develops its own Ordinance. Additionally, the Staff would like to receive from the Planning Commission any examples of good or bad neighborllood businesses for the Staff to investigate and report back on at the next meeting. The Staff had developed a tentative 120 day schedule for the Planning COIilIllission, related to the implementation of the Neighborllood Business District. This schedule would involve a detailed study of proposed sites and other Neighborhood Business sites in other cities; a detailed study of components of the Neighborhood Business District Ordinance; a review of the draft Ordinance; a public hearing on Ordinance and Rezoning; and City Council action on the Planning Commission recommendations. The Planning Commission, during the Comprehensive Plan update process, had identified several sites within the City which meet the criteria for Neighborhood Business. At the next Planning Commission meeting, Staff would bring back some detailed studies of each of the sites, considering the limitations and opportunities of each. Chair Erickson stated that he has been aware of the issues surrounding the northeast comer of County Road D and Cleveland Avenue. He indicated that he had discussed with Staff the notion of a planned unit development approach to this area. This site, as well as others, is currently limited by the setback requirements and at this point there is no way to build on some of the identified sites. Mr. Ringwald stated that this would be one of the issues when considering the Neighborhood Business District. The sites currently have the large buffering requirements because they fall under the B-1 Limited Business District. The intent of the Neighborhood Business District would be to eliminate or restrict those uses which are not compatible with adjacent residential, thereby eliminating the large setback requirements. Chair Erickson noted that each zoning classification has its own building requirements. He asked how much Limited Business varies from Residential zoning. Mr. Ringwald explained that the Business Districts have larger lot coverage and there are less landscape requirements. The height limit of 35 feet remains consistent, with the exception of the Gateway Business District. With regard to setbacks, the Business Industrial District requires a 100- foot setback from Residential Districts. This setback requirement results in many of the smaller comer sites being unable to develop. Mr. Ringwald stated that Staff had received numerous proposals for the County Road DI Cleveland Avenue and New Brighton Road/Cleveland Avenue sites. These proposals have not ~~~~~1 ARDEN HILLS PLANNING COMMISSION - APRIL 7, 1999 16 moved forward for a variety of reasons but one of those reasons being the 100 foot setback requirement from the adjacent residential uses. e With regard to the site at County Road D/New Brighton RoadlLake Johanna Boulevard, Commissioner Galatowitsch noted that the coffee shop is once again vacant. She stated that the reason these areas do not succeed is that the City does not have a zoning district in place that would allow them to develop properly. Mr. Ringwald concurred and noted that the coffee shop is located on a classic urban comer which could allow for development which would be an asset to both Arden Hills and Roseville which is on the other side of County Road D. Commissioner Sand stated that for him, setbacks are not the issues. The issue for him is what type of business should be allowed on these sites. The last inquiry regarding County Road D and Cleveland Avenue was for a gas station, which would be strongly opposed by the surrounding neighborhood. He asked how the Neighborhood Business District is defined. Mr. Ringwald stated that at this time there is not a definition and this is part of what the Planning Commission needs to accomplish. Commissioner Sand referred to the Ordinances provided from other cities and indicated that each city has a different view of what a Neighborhood Business District should be. Some Ordinances include uses through Conditional Use Permits, which would otherwise be objectionable. Mr. Ringwald noted that the other City Ordinances were provided for example only and Staff a would not suggest utilizing them in all manners. .. Commissioner Sand noted that the first permitted item under the Neighborhood Business District for the City of Chanhassen is convenience stores, without gas pumps. This is more specific than the Ordinance for the City ofBumsville, which simply states that it allows convenience stores. The Bumsville Conditional Use Permit states that "within any B2 Business District, no structures shall be used for the following uses, except by conditional use permit: car washes; motor fuel stations; taverns; liquor stores; theaters; and restaurants." Commissioner Sand stated that it seems absurd to allow, through a Conditional Use Permit, buildings, which would otherwise not be warranted under the permitted use definition of the Neighborhood Business District. He suggested that, if the City is going to define the Neighborhood Business District, it should be defined very clearly and not allow, by exception through the conditional use process, uses which would not have been anticipated. Mr. Ringwald reiterated that the only thing determined so far is the name of the district and that all other items are to be determined by the Planning Commission and Staff for recommendation to the City Council. Additionally, the Planning Commission should view this exercise as an opportunity to create a zoning district that is unique to Arden Hills, and in doing so they may wish to look at other cities districts to direct issues that seem appropriate or inappropriate for inclusion into this ordinance. Chair Erickson suggested that it might also be appropriate to discuss the building requirements. a He indicated that the 35-foot requirement may allow a flat roofed building which would not fit .. within a residential neighborhood. Mr. Ringwald stated that most of the Ordinances of the other cities require peaked roofs on all buildings within the Neighborhood Business Districts. e e . ~OO~~y 17 ARDEN HILLS PLANNING COMMISSION - APRIL 7,1999 Mr. Ringwald noted that many interesting proposals have been brought to Staff, which have not moved forward. One proposal for the intersection of County Road E2 and I35W had been for a small video-mixing studio. This business could have been built to look exactly like a residential home and would have been very appropriate for the location. Commissioner Rye noted that the smaller lots and parking areas would dictate how large a building can be. Mr. Ringwald concurred and suggested that as part of the discussion the Planning Commission may wish to look at on-street parking. Additionally, he pointed out that some larger cities have Neighborhood Business sites as large as five acres, whereas the areas within the City of Arden Hills are much smaller. He stated that the City must consider not only what is and is not allowed, it must also consider the individual sites, their constraints, who may be interested in them, and access and neighborhood issues related to each site. Chair Erickson stated that some smaller sites lend themselves to more of an urban, walk-up type business. However, walk-up businesses tend to not survive without drive-up service. He indicated that the coffee shop site is a good example where the site is built to its maximum according to the setback requirements. Commissioner Rye suggested that, since Staff has received a number of proposals for the various sites, a list should be made of potential uses within the areas. Mr. Ringwald pointed out that there was a request for a gas station on the comer of County Road D and Cleveland Avenue, which is not a desirable use. Commissioner Rye suggested that all potential uses could be added to the list and the Planning Conunission could determine which uses they would or would not approve of. Commissioner Sand stated that without a definition of Neighborhood Business, there would be nothing to prevent a developer from building a three story building which meets the 35 foot height requirement on the two vacant comers. Mr. Ringwald stated that there would be many other hurdles to overcome. Ifeither comer were to develop now, it would have to become a planned unit development. Conunissioner Sand noted that a planned unit development would allow more flexibility for both the City and the developer. Mr. Ringwald concurred. Chair Erickson stated that there must be a combination of setting some minimum standards and guidelines while allowing some flexibility. He indicated that not all specifications can be mandated. The intent is to develop an overall business district without concentrating on one specific site. Commissioner Sand stated that, when comparing Chanhassen's and Maple Grove's Ordinances, the City of Chanhassen is very specific in its requirements for conditional uses, such as only allowing one-story buildings. The City of Maple Grove's conditional use states, "buildings in excess of three story, provided that the site is capable of accommodating the increased intensity of use." He stated that this is so vague that, under certain circumstances, it could allow a five- story building. It also makes it unclear for anyone who wants to build whether they will have a chance to build on the site or not. Mr. Ringwald pointed out that not all the other city Ordinances will work for the City of Arden Hills. The intent is to consider the best of what they all have to offer and create an Ordinance for Arden Hills. ~~~~f ARDEN HILLS PLANNING COMMISSION - APRIL 7,1999 18 Commissioner Rye asked if the Planning Commission was required to take action on this .. Planning Case. Mr. Ringwald stated that they were not. He indicated that he had wanted .., confirmation of the tentative schedule and at what point the Planning Commission would want to involve the neighbors and property owners. He noted that, under the current process, the public would be brought in at the end of the process. However, he suggested that since this would be a new Zoning District, which will involve discussions on how the properties would be developed, the Planning Commission may choose to do this sooner. Commissioner Rye suggested notifYing the property owners and neighbors of the schedule early and detennine, from their response, when to hold the public hearing. Chair Erickson concurred. Commissioner Sand suggested that, if the City is going to commence a study of the Neighborhood Business District, a definition should be included. Mr. Ringwald stated that this would be discussed at the next Planning Commission meeting. Commissioner Nelson asked if all other Districts have been defined. Mr. Ringwald stated that not all have been defined. Commissioner Sand noted that the Planning Commission has recommended to the City that it create a Land Use Plan and a Zoning Plan for the Twin Cities Army Ammunition Plant with specific concepts and this work has not yet been done by Staff. Mr. Ringwald stated that the Staffs time is limited and that the City Council prioritizes how these issues will be dealt with, the Staff in tenn works on these special projects as well as numerous other on-going projects. e Commissioner Nelson asked if any of the TCAAP Zoning Districts were defined. Mr. Ringwald stated that the only Zoning Districts, which have not been defined, are Mixed Residential, Mixed Business, and Park Preserve. These Zoning Districts will be defined as the City begins the Phase II TCAAP Planning Study later this year. This leaves only the Neighborhood Business District to be defined. Commissioner Galatowitsch stated that defining the Neighborhood Business District will take some creativity as it may involve, not only the sites under consideration at this time, it may also involve the TCAAP area. Mr. Ringwald agreed that the Planning Commission must consider what makes each site unique and the fact that the City may want some Neighborhood Business Districts at TCAAP. Commissioner Galatowitsch commented that the existing sites for Neighborhood Businesses are small, isolated areas, however they may not always remain this way. Commissioner Sand stated that the Ordinances from Roseville and New Brighton shQuld have been included in the Attachments. Mr. Ringwald stated that the Staff had requested Neighborhood Business ordinances from all of the adjacent cities and either they did not yet send one to the City or they did not have such a district. Commissioner Sand stated that he has a long history with the County Road D and Cleveland Avenue comer, having lived in the area all his life. He stated that he wants to make sure that any development of any comers in Arden Hills, under the Neighborhood Business District, be done in a fashion that is orderly, and that there be definition as to what a Neighborhood Business is, what uses are permitted and what uses are not. Additionally, the County Road D and Cleveland e e e e ~~~~1J ARDEN HILLS PLANNING COMMISSION - APRIL 7,1999 19 Avenue comer and the New Brighton Road comers, should be subject to the Gateway elements of the Comprehensive Development Plan and the County Road D study. COUNCIL REPORT Councilmember Malone stated that Mr. Thomas Moore had been hired as the new Parks and Recreation Director to replace Cindy Walsh who recently took a position with the City of Saint Louis Park. Councilmember Malone stated that Fox 29 has been discussing the construction of the proposed tower in their original location, which was their first choice. The Arsenal had been their second choice and the Vaughn property their third choice. Councilmember Malone stated that, as part of Ramsey County's turn-back road program, the City of Arden Hills would be receiving Lake Johanna Boulevard, from Country Road D to County Road E. The City does not want to acquire this roadway as it is in need of rebuilding and this would be a difficult project. The County has suggested New Brighton Road as an alternative that is longer but in better condition. Councilmember Malone stated that the purchase of the Indykiewicz property had been completed and the residents have moved out. With the purchase of the property, the City acquired the equipment, which will be auctioned (jll site at 10:00 a.m., Friday, April 16, 1999. Councilmember Malone stated that the road construction of West Round Lake Road is ready to begin and the project is anticipated to cost $800,000. The road will bend to the east and the excess land may be a consideration for the Neighborhood Business District. Councilmember Malone stated that the City Hall bids are in and the cost for the project will be approximately $3 million dollars. The land purchase has not yet been completed and the City has until June 11, 1999 to finalize the agreement. Commissioner Nelson asked what the estimate had been for the new City Hall. Councilmember Malone stated that the bids came in within a couple percent of the estimate. He noted that the $3 million dollars is for everything, including furniture and landscaping. Councilmember Malone stated that the City of Arden Hills is involved in preliminary discnssions with MNDOT regarding Hamline Avenue and Highway 694 which may involve $40 million dollars worth of work. With regard to Planning Case 99-01, Official Map Amendment, Councilmember Malone stated that, at their last City Council meeting, the Council voted to deny the amendment to the Official Map and to approve the construction of two temporary cul-de-sacs. COMMISSION COMMENTS Commissioner Rye asked Councilmember Malone if there was a status on the creation of a website for the City of Arden Hills. Councilmember Malone stated that the City Council recently updated the Committee system. He indicated that there is a plan in place to create a Communication Committee, which would involve items such as the newsletter and a website. lIT; ~,OJ r~ ~ 1r' l!!JuOif'~~ U ARDEN HILLS PLANNING COMMISSION - APRIL 7,1999 20 Commissioner Rye asked ifthere was an anticipated date of when the website would be created. Councilmember Malone stated that there was not. He noted that a website involves a great deal of monitoring and maintenance. e Commissioner Nelson asked Councilmember Malone what he had meant when had he stated that the City has until June to finalize the Arsenal land agreement. Councilmember Malone stated that the City has 90 days to act on the bids for the new City Hall. Commissioner Rye asked how long the City Hall project is expected to take. Councilmember Malone stated that the project should be completed within one year. Commissioner Galatowitsch asked if the City has taken into consideration the possibility of not obtaining the land at the Arsenal. Councilmember Malone stated that the City Council is confident that the land transfer will occur. It is now a question of the status of the paper work. He noted that the war in Kosovo might be affecting the process. Councilmember Malone stated that the Minnesota National Guard wants the land from the Army and they have worked out a deal through the Pentagon to obtain the land. The Minnesota National Guard has indicated to the City of Arden Hills that, once they obtain the land, the lease, which has already been negotiated, will go through for the City. Commissioner Galatowitsch stated it is likely that the upper echelon of the Army does not know e that the City of Arden Hills exists. Councilmember Malone stated that this does not matter since the land transfer is not an issue between the Army and Arden Hills. The transfer is between the Army and the Minnesota National Guard. Councilmember Malone stated that one issue, which may be a factor, is retrocession. The City has twice been asked for a retrocession and has not yet responded. ADJOURNMENT Commissioner Sand moved, seconded by Commissioner Nelson to adjourn the meeting at 10:02 p.m. The motion passed unanimously (7-0). e I < e e e CITY OF ARDEN HILLS MEMORANDUM DATE: April 26, 1999 ..."..... C1tyCmcil ~ Nancy Randall, Associate Planne~ Planning Cases 99-05, Site Plan Review Bethel College, 3900 Bethel Drive / , TO: FROM: SUBJECT: This item is on hold pending some modifications to their parking lot design. It is anticipated they will be prepared for the May 10, 1999 Regular City Council Meeting. ., ,J e CITY OF ARDEN IDLLS MEMORANDUM DATE: April 26, 1999 TO: Mayor and City Council FROM: SUBJECT: Planning Cases 99-02, Minor Subdivision Ralph Hines, 1700 Valentine Avenue Request. The applicant is requesting approval of a two (2) lot Minor Subdivision at 1700 Valentine Avenue (Exhibit A). The parcel is zoned R-1 Single Family Residential. Background. The applicant proposes to divide the property at 1700 Valentine Avenue into two parcels. Proposed Lot 1 (northerly lot) contains the existing home at 1700 Valentine Avenue. The (southerly lot) is currently vacant. The applicant completed a wetland delineation, which found some type 1 wetland on the property line between lots 1 and 2 (Exhibit B). However, this wetland should not impact the buildability of Lot 2. e Discussion and Comments. The proposal meets all required lot area, depth, and width requirements. LOT # LOT AREA LOT DEPTH LOT WIDTH Proposed Required Proposed Required Proposed Required 1 23,584 14000 182.97 to 200.40 130 127 95 2 23,524 14,000 182.97 130 128.03 to 130.73 105* * Section 22-8 (g)(8) of the City Code requires comer lots to be platted at least ten (10) feet wider than the minimum requirement for interior lots as designated in the zoning ordinances. The applicant had a wetland biologist evaluate the property for the presence of jurisdictional wetlands. The boundary of the wetland is shown on the survey within the study (Exhibit B). Structures should not be built within the wetland boundaries without proper approval form the City of Arden Hills, Rice Creek Watershed District, and other govennnental agencies as needed. e Due to the highwater table in the area the basement elevation should not be below 906.2 feet. Engineering specifications providing proof of adequate drainage below 906.2 may be submitted to staff for approval below the 906.2 level. ~ . Park Dedication. Park dedication fees were not paid with the platting of Valentine Hills. Park dedication fees should be required with approval of this minor subdivision. (Exhibit C and E) . Deadline for Agency Actions. The City of Arden Hills received the completed application for this request on March 4, 1999. Pursuant to Minnesota State Statute, the City must act on this request by Monday, May 3,1999 (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 Friday July 2, 1999. The City may, with the petitioners consent, extend the review period beyond the Friday, July 2, 1999, date. Recommendation. The Planning Commission reconunends approval of Planning Case #99-02, Minor Subdivision, subject to the following conditions: 1. Payment of the appropriate park dedication fee. 2. Recording of the subdivision in the form ofa Registered Land Survey. 3. Rice Creek Watershed District approval. 4. The basement elevation not be below 906.2 feet unless Engineering specifications providing proof of adequate drainage below 906.2 are submitted to Staff for approval below the 906.2 level. 5. A finding that the grading of the property does not adversely affect the neighboring properties. 6. Provision of a drainage easement per the Subdivision Ordinance. Updates. The Parks and Recreation Director is reconunending a park dedication fee of . $4595.16 (Exhibit F). Staff would reconunend the wording of condition number five (5) be reworded to state "The grading of the property shall not adversely affect the neighboring properties". . '. '. Planning Case 99-02 (Minor Subdivision) Ralph Hines, 1700 Valentine Avenue ~ . , [ \- I I . .i \ ' .-11 .. . - II . 200 , o 200 400 600 800 Feet , . . . .....~:~.I~~~~"'Jl~~~~~~....~~ V;I- i:&& I;!: 210(. Ujj; IIBi ,Ii 5~i il~ Il~ I I ~II III ')OOt>O. ~~~~~ !:l !:l !:l !:l S mmmms: (!l 0 I: ;; :;; ~~~~~ :D :E: en ~ it '0 ~ :! 0 0 ~ ~ i;i ~ 5 m z U) C. ao. m ~ m -I -t :; 0> a ~ c: z o .0 m Z !:l m 0> I: ! m o N m 0 -t z n lD m o f; C :II" :II Ii en ~ :II 0:11." a 11I':11I m J> 0 :IIz ow'" 0.. ;::..... 0... mm."o ...mlll"'ft .... m m -tm ... I . L I i ... m .. ! ~ !D ii .. .. i . 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ID ...l< ::rn IDID 'CI ... ... :s- ID "' - .......,........., .. ... '~." :~. .. ~~~~~~.~~~~~4J"~~ ~ ~ , ':.," .' - . tit tit tit E)Chi bi-+ 5 'V9 EARTH SCIENCE ASSOCIA TES, INC. Environmental Gonsu1tinP SlJecialists February 18, 1999 Louis Hines Coldwell Bank-Burnet Realty 941 HiIlwind Road N.E. Fridley, MN 55432 RECEIVED MAR - 3 1999 01Y Of AKDtM HILLS RE: Wetland delineation of Lot Split of Lot 12, Block 2, Valentine Hills, Ramsey County, MN at NE Corner of Valentine Road and Valentine Avenue Arden Hills, Minnesota Dear Mr. Hines: Please find enclosed with this letter report a site map indicating the wetland boundaries, soils map, site photos, and wetland worksheets. Findinl!S A wetland area was identified in the vicinity of the lot split and appears to consist of a seasonally flooded basin, or Type I wetland. This type of wetland is not protected by the Minnesota DNR. Soils on the subject property (see Figure 2) are mapped 860C, Urban land - Haydon-Kingsley Complex, described as a well drained fine sandy loam soil derived from glacial till. Certain undrained areas, such as that on the subect property, can develop wetland conditions. Field evaluation of wetland hydrology, soils, and vegetation served to define the wetland boundaries which appears fairly evident despite the time of year (Wmter) that the delineation was performed. Since the wetland is a type 1, the wetland conservation act provides an exemption from the mitigation requirement in the event the proposed project would unavoidably impact (i.e. fill 01' drain) the wetland area. A de minimus exemption for up to 2000 square feet of type 1 wetland, outside of the shoreline protection zone, in an area with less than 50 percent of pre settlement wetland, is allowed. Wetland boundaries have been staked in the field and are drawn to scale on Figure 1, the base map of which had originally been prepared as survey of the lot split. 37443 Grand Avemre North Brandt, MN 55056 PhonelFax 6511674-6210 EmaU ESA332@aoI.eom 1 ;)/q" . Back2round e The Wetland Conservation Act of 1991 is codified in 1991 Minnesota Statutes, Chapter 354. The The wetland conservation act has been subsequently modified in recent legislative sessions. Board of Water and Soil Resources (BOWSR) has subsequently promulgated rules for administrating the act. The purpose of the Act and Rules is to: 1) Achieve no net loss in quantity, quality and biological diversity of state wetlands; 2) Increase the quantity, quality and biological diversity of state wetlands; 3 ) Avoid impacts that destroy or diminish the quantity, quality and biological diversity of state wetlands; and 4) Replace wetland values where avoidance of impact is not feasible. Administration and enforcement of the Act is largely the responsibility of the local governing units (City of Arden Illils and Rice Creek Watershed District). Generally, no person shaI1 drain or fill a wetland, wholly or partially, without first having a wetland value replacement plan approved by the governing body of the local governing unit. Wetland areas can be used for pasture or e cropland, provided that the use does not drain or fill the wetland. MethodolQJY Wetlands were evaluated according to the criteria defined in the Corns of Ernrlneers Wetlands Delineation Manual (Technical Report Y-87-1). The Minnesota Wetland Delineation Field Guide (1993), which provides useful reference pertaining to Minnesota wetlands, was also used. Three essential characteristics are required for an area to be defined as a wetland: 1) hydrophytic vegetation, 2) hydric soils, and 3) wetland hydrology. All three of these characteristics must be met, according to the technical criteria for each, for an area to be classified as a wetland. Wetland delineation methods utilized for this project include on-site procedures. Samples of soil and vegetation are required to make an on-site determination of vegetation, soil type, and hydrology as required to complete the Routine Wetland Detennination fOnD. e 2 3/, e Standard of Care The opinions presented in this report are based on infonnation collected during the course of this study and represent Earth Science Associates' professional opinion and, as such, are not a guarantee. Earth Science Associates' professional judgment is based on generally accepted practices exercised by professionals currently practicing in this area under similar budget and time constraints. Certain infonnation contained in this report may have been provided by companies, agencies, and/or personal contacts not within Earth Science Associates' employ. Earth Science Associates will make no representation or warranties that such information is accurate or that any independent investigation, beyond the agreed Scope of Services, has been or will be made to verifY the accuracy of such infonnation. Respectfu11y, Earth Science Associates, Inc. e Kenneth E. Meek, PG, CPG, CGWP President I Hydrogeologist MN Professional Geoscientist AIPG Certified Professional Geologist IA Certified Groundwater Professional e 3 / I / f\ / \ 11 10 S "\ \ 125.6 \ \ O~ 100 \\ \ ,,~ , \ , \ q) 30 \ ' \- \ \ - - \ - . \ \ , C> ~ ~ '" \ '''' '" .. \ '" 0 .,; .. ., '" . - I _I '" 0 " III -----'- II: !;r :> C> '" - ..J C C> D- III .. ::! ---"- - ... 1 . I '" .. W ALLEL TO "! ~ ... NE LOT 12 ... I N - W ., .. Z - 0, - M I- .. 30 Z C> .. ... W - 1_~T ~CK LINE TYP. ~ "! -I ., '" ~ 40 - ~ 4/~ I I / \ \ e>"2"56'39" R~ 1943.08 l~99.85 10. C> " C> .. 83.17 '--u ------~ ... "' ... .. " .. LAKE VALENTINE RO '" ., __--D--- ----...-- -, ----.-J Figure I Site Plan 1"=50' ESA " SI, U.S.DA N.R.C.S. Soils Map Figure 3 Photographs ". IDlq t-./TL e DATA FORM - WETLAND DETERMINATION (Wk* Method) Routine )( Iirtermediate ComJlfthemlve ProjectlSite: He co(. v.-.,I'c""I~...~ eel ,T VOl./e...,t,~lwt-c ..(ViP-... A",.J'f1\ Hnls ApplicantlOwner: Loc,n"'s H,~.,.fI!.s ~ CClf~'-"c/l B'Q,.I"'I~'" i3...,..""., Ru...l"y Investigator: 1;; 5 A-I<;. ~. JY\. d, Date: County: State: 2//6>/5'7 Kc.._'iC'j /'nA/ Do nonnal envinmmentaJ oondilioos exist at the plant I:OIIUIlIIIIity? Is the site significantly disturbed? Is the area a potential problem area? (If needed, explain 011 reverse.) ~ Yes -Yes Yes No ~ No ~No Plant CommUJIity LB.: T.....oeet LB.: Plot LB.: k<./Tt. VEGETATION e Dominant Plant Soecles Slrntum Indicator Dominant Plant Soecles Stratum Indicator I. <: :1" ,.. NJ_ ,/"- r FAC>v' S. 2. .Bl~c:.k f..AJ""ClI..v S ''''l. nO ~ 6. 3. R'Ild OS(!:'r '0"....... .J <; FA("'-J 7. 4. "'9.ol (\ ... .u G ~AC'-J~ 8. , Pen:ent or Dominant Species that are OBL, FACW, andfor FAC: ,0 % Remarks: 1/0+ .,.",...l 'eQ;,v~s ...., lo......rrsl- Q~e ~ HYDROLOGY Rewnled Data (describe in remarks): _ SIream or Lake Gauge _ Aerial PhotographsfSlides Other X No Recmded Data Available Mmt odter field indicators of surface immdaIion or soil sal1Uation below: Oxidized root zones-living roots Water marks Drift lines Water~ sediment deposits Water-stained leaves Smface scoured areas Wetland drainage patterns MOlphological plant adaptations Hydric soli c:hamcteristic:s X" K.. ..2:::.... Field ObsenatiooslMeasuremeot: Is the groWKI surface Immdated? Is the soU satumtcd? Depth to free.standing water in pit/soU probe hole: . This data fonn can be used for all methods when assessing soDs, hydrology, and the plant c:ommunity. oonditlons Rq1JJre more intensive vegetative sampling, thc o1JlII'UJ'.i4te form should be attached. Yes Yes No >< No >< Smface water depth: Depth to satumtion: >/1'. >'R inches inches inches When site e " tit tit e 'I/~ WTL SOILS Map Unit Name 860C -v~~~_ /~~JI i.>,........-....,.J (Series and Phase): I-J..,;,.A 001 -Ir:{~, s/p~ (",,,,,.,.k Dminage Class: LA./e // , Field Observations Confinn Taxonomy (Subgroup): 'Y/~")/"l" 1I1-~ !-1~j>rvJ,.llSMapped Type?" .kYes - No K m~;o '~~',<=c.~iCS "-'~," ,..~~ c~ '6 ""___ PIofile DescrIption; Matrix Color Mottle Colors Mottle T~tJucture DeDlh Cinches) Horizon lM_IL~<!ill!l lM.!Jl1~l'-~<!!l!l) AbundancelContmst C~.!!!!L..etc. '"' - ''7 A e:: TO: 3/5 - - .,,~.'" 1 , ~ ,'-- ! 0 A' /0"''' "i/.. ,_ 5 'ri:_~4' ;oS Hydric SOU IndIc:ators (mark all that are present): Organic SOUs ><-. Hisllc Eplpedons Sulfidic Material Aqulc or Peraqulc Moisture Regime Iron and Manganese Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Subsurface Layers of Sandy Solis Reducing Conditions (Confinned by Measurement) >< Gleyed, Low-Chroma, and Low-Chroma/Mottled Soils Other (Explain in Remarks) LANDSCAPE POSmON Draw a diagram showing location of sampling point on landscape (e.g., fool slope. depression. side slope. knoll, sWale, ftoodplain) "'\ 1/ WETLAND DETERMINATION Hydrophilic Vegetation Present? LYes Wetland Hydrology Present? ~ Yes Hydric Solis Presenl? .J!:. Y cs Remarks: _No _No No Is this Sampling Point a Wetland? rYes _No - . e DATA FORM- WETLAND DETERMINATION (indicate Method) Routine X L".U1~iate ComprdlCllsi.c ProjectlSite: A/E" C'.,., ApplicantlOwner: /.. Investigator: V.../~hf.... R<>l { V"'-'.... f.... A ve A~..1" ~""'sDate: ;;.11 Ii /1' , County: :> h~~ ...... Slate: J n IV J Do normal environmental conditions exist at the plant COIIinUInity? Is tbe site significantly dlstmbed? Is the area a potential problem area? (Ifneeded, explain OIl reverse.) >< Yes No Yes >< No = Yes ~ No Plant Community LB.: v'PL Tnmled LB.: Plot LB.: VEGETATION e Dominant Plant Soecles Stralum Indicator Dominant P1ant Soecies Stralum JodIcator 1. 51..... &~, so r... l:"AC: - 5. W"II.~ ."'. "T of" A "-<....> 2. \Nl;/'; P'h', T FACV 6. 3. " .J Onk i FAC(,I 7. 4. A. ( F:l_ T f'AC.IN - 8. Pim:eot of Dominant Species !bat are OBL, FACW, and/or FAC: 3<> % Remarks: . BYDROWGY Recorded Data (describe in remarlcs): _ Stream or Lake Gauge _ Aerial PhotopapbslSIides _Otbcr y No Re<:orded Data Available Mark other field indicators of surface inundation or ooi1 saturation below: Oxidized root zones-living roots Water marks Drift lines Water~ sediment deposits Water-slaioed leaves Surface scoured areas Wetland drainage patterns Morphologic:al plant adaptations Hydric son cbamcteristics Field ObservationslMeasuremeots: e Is tbe ground surface immdated? Is !be son satmaled? Depth to ~waterin pit/son probe hole: . 11Us data form can be used for all methods when assessing sonS, hydrology, and tbe plant CODIlt1IIIIity. conditions require more htteosive vegetative sampllng, the dpp.uy.hUe form should be attached. When site Yes Yes No >< Surface water deptb: No =:;L Deptb to saturation: inches inches inches "'>/8 1'/1". cet, v J'L, - .~ ~ . e e e C'l/q l./FL - SOn.s Map Unit Name 8IDOc - urh~_ I",~~ I) f"=." ~r-oP (Series and Phase): ~~dcJ,., - K,...,,,,, ~'i ('u_,~/Q~ Dnoinage Class: LJ.II Field Observations Confinn Taxonomy (Sub8J01lP): ''f'P'"<' /MG/h.:;. J..I"r(vd~ If's Mapped Type? ...l5-Yes _No I Pmflle Description: Matrix Color Mottle Colors Mottle TexturelStrncture Deoth (inches) Horizon (M~!I Mol'!!) (MJ!l!!<'lL~<!i'!!l AbundancelContrast Concretionkc;,1S. ()- R II 10.,..<' .:: /2, - - Fr-..~ fI - 11<' & 10 y;;: <p/J ~ \N"'1It'P1'f' ?/....,.t~ . Hydric SOU IndIc:ators (malt all tbat are present): OrganIc Sons Hlstic EpIpedotIS Sulfidic Material Aquic or Pentqulc Moisture Regime Iron and Manpnese Concretions High Organic Content in Swface Layer in Sandy Soils Organic Streaking in Subsurface Layers of Sandy Soils Reducing Conditions (Confinned by Measurement) Gleyed. Low-Chroma. and Low-chromaIMottlcd Soils Other (Explain in Remarics) LANDSCAPE POSmON Draw a diagram showing location of sampling point on landscape (e.g.. foot slope. depression. sidc slope. knoll. sWale, floodplaht) -----., " ,- WETLAND DETERMINATION II _Yes po Hydrophltic Vegc1ation Present? Wetland Hydrology Present? Hvdric Solis Present? Remarlcs: _ Yes ~No _ Yes ~No Yes .2S. No Is this Sampling Point a W ctland? e e e Et.hibif- C ~~ ill ~].~ ~~]]~ ~Jl ~ ~a1 a~.81l.E;5Jl~ ]]~ 1~'S ~~ "" '" '" a .Sl::l 6< "" o::l Ii! ., ~ 3l.... <l .s ."'.... [.t>;.... ~ ] 1ii.S! <> .; II ~ . 1l ~ ~]' 'a 8 ~ Jl i'a a ~..= ] $ 8 Jl ~ :5': ~.~ ~ ~ .. j:l 6'S ~ . a -5: .s:;11 ]:5' ~.s~j~~~.!3 ~ l~ ~Jl~] 3l a{i ~:~ !i1] :~.- lll~f~ ~Jl~'ia.",jl~6eZl .:u.[~~o::l.~:5'~.;l :3~.;l~~foS~ . : m ~. a ~ m'lj ~]: ~ ]l :; ~ ii ~ 11 1l'~5f Jl :a'; ~ :a.E ;.!!l.:g 1 ~ ~ ::l '" 'a. "':!l "'.<l :3 Gl 6 l: ~ 1;5:jj 2'" ~ .. 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'Gl1~..q""a6.t> [1i';.s"'1lr8Jl~l!1~"''a'~~ :::: f!:a~~ ~ 'alli]'~ ::lJl~l~i~.sI.s]~j~~~ ~ ~.,~ ~J~i!l ~ ~ ~-iJ~'t~~ ~il$~lljjlilittj ~.~ ~ ~ itig ~ E 0 gli ~.;ll""m' o:i'alj~",~ J'~8 ~ t .... 8~.~j ~ ~ i ~tt ~ll~~ Ii 'Iil~; lallJ!'!~fll' \ \.\ \ i !~1 .... 'C i Jl ~ ~ i 51 ~ 11 ~ i 11 f ~ ~ ~ :i'i ~ ~l ~ ,8 t.e ~ ~ ~ ~ ~ I~ <> 8 ~ ~iili]~ l~ l!~Jil~l{~~ill~~ : .~~ ~33'a lit~ ,.c '~~;;l:!l ~::l~1 O! ~::l<> 8.g.;lil::l;l<>:aI:a A! ,cq..,I'" ~ ~ ~ ~ ~~~ ~i.~ i l;~ ~l~ ftij~; !~l ~ :0 ~ ~,~ ~~~.s '11~ t ~ ~ ~~~::I ~b] ~'a j~] Gl ~1~ g.~~g>..;l al:5'~ ~ tSJ Z~.$ ~ ~ i '~]il:5']~~ ~ e i]ll~~lill~ I i~j a J s I ~ ... e e e Planning Case 99-02 Minor Subdivision Exhibit D 1/2 Proposed property line, view looking from Southwest property line of lot 1 towards house Planning Case 99-02 Minor Subdivision 2/2 e roposed Lot 2, View from Valentine Avenue tow e e Proposed Lot 2, View from Southwest property line of lot 2 - Intersection of Valentine Avenue and Lake Valentine Road. 'I" i . I! " 1 ~ i . il . . ~ N ~ w t . . . .. a . o . e e e ~\orr f \ Iv CITY OF ARDEN HILLS MEMORANDUM DATE: April 21, 1999 TO: Mayor and City Council Thomas Moore, Parks and Recreation Director -r~ J. ~ Park Dedication, Case #99-02 FROM: SUBJECT: Backeround Ralph Hines intends to split the lot at 1700 Valentine Avenue into two parcels. Since park dedication has never been paid on his land, the applicant is required to do so as part of the lot split process. Parkland or Park Fee The proposed plan provides for no dedication of park land and the Parks and Open Space map (Comprehensive Plan) does not show the need for park land on this site. Therefore, the staffwill be recommending payment of a park dedication fee in-lieu of the dedication of park land. The appropriate park dedication fee is to be determined by the City Council as provided for by the Subdivision Ordinance in Section 22-9 of the City Code. Park Dedication Fee Calculation Based on the Registered Land Survey, this area is 1.123 acres and has a proposed density of .53 dwelling unites per acre. The park dedication fee for residential projects of 0-2 dwelling units per acre is 6 percent of the fair market value of the property, per the Arden Hills Public Use Dedication Ordinance Section 22-9. Since the property owner has stated that an appraisal has not been done on the parcels, I am recommending that the fair market value of the property, excluding the house, be detennined by the 1998 tax role and recent purchase agreement value of the property. In most cases, the tax role value of the property is less than the appraised value. In this case it appears the assessed value is higher. The assessed value is as follows: $94,900 land value (66.6% of total) $47,600 building value (33.4% of total) $142,500 total value By calculating the percentage of the total value that is land from the assessed value we can apply the same percentage to the purchase value to determine a land value. The recent purchase value of the parcel was $115,000. By calculating 66.6% (% of land value) by the $115,000 purchase value you get a land value of $76,585.97. A park dedication fee requirement of 6 percent would amount to $4595.16 ($76,585.97 x .06). I "'I Recommendation e Staff recommends that the Hines Planning Case #99-02 pay a park dedication fee of $4595,16, which is 6 percent of the estimated value of the land for both parcels, to be paid in full prior to the issuance of building permits on either property. e e - /' .w" e e e CITY OF ARDEN HILLS MEMORANDUM DATE: April 26, 1999 Mayor and City Council I / Nancy Randall, Associate ~ TO: FROM: SUBJECT: Planning Cases 99-06, Preliminary Plat CSM Corporation, 4295 North Lexington Avenue Request. The applicant is requesting approval of a preliminary plat consisting of two (2) lots on a 10.54 acre parcel zoned I-I Limited Industrial District (Exhibit A). The request also includes variances for a zero building setback where 20 feet is required, zero parking setback where 5 feet is required, and to allow the use of a private drive rather than a public street. Background. The property under consideration in this request was part of the Control Data site. Between 1995 and 1996 with planning case 95-09, 95-11, and 96-05 parcels A-2 and B were subdivided into a total of three parcels from the Control Data Campus (Exhibit C 10/19). There is currently a building on all three parcels. Last fall with Planning Case 98-24, CSM Corporation was granted permission to build a 50,400 square foot addition to the building located at 4295 Lexington Avenue (parcel A- 2). The building addition is currently under construction. There were several conditions that were to be met. Two conditions remain to be met prior to a Certificate of Occupancy being granted for the building under construction. . The applicant retains permanent vehicular, utility, and pedestrian access rights to the properties located at 4255 and 4265 Lexington Avenue. . Applicant work with Control Data to re-design private drive entrance to accommodate main entrance by removing median. The applicant is proposing that both lots have access to Lexington Avenue and/or Femwood Avenue via the existing private road with easement. In addition easements will need to be created for utilities and parking, in order to create an invisible property line. In short, the applicant wishes to create a zero lot line subdivision for this industrial campus. As long as the result of their request maintains the "invisibility" of their property lines then staff is comfortable with the request. . Plat Design. Parcel III does not have access to a public street. Staffhas determined _ Parcel Ill's front yard to be the south side fronting on the private drive. Parcel III exceeds . code requirements in terms oflot depth and area. The lot width however, measured at the front setback line is 84.79 feet where 100 feet is required. The configuration of the parcel exceeds the minimum dimensions in the rear portion of the lot. The lot currently contains a parking lot and building addition under construction. The building is designed with the required fire wall protections to stand alone however, requires utilities such as heat, water, sewer, and garbage storage, utilities to be supplied form the existing building. The applicant is proposing the use of easements between the building to ensure utilities. Parcel IV abuts Lexington Avenue however, access to the site is off of the private drive. The parcel exceeds code requirements in terms oflot width, depth, and area. The existing building however, does not meet the required side yard setback. Easements. Easements will be needed for a variety of items in order to assure access and use of the parcels in the future as well as give the parcels the feel of one parcel. Easements for the following items will have to be created: . Access to both parcels from Fernwood and/or Lexington Avenue by means of the private drive and adjacent parcels. . Parking easements between all four parcels. . Private sewer and water easements between parcels. . Access to utilities in existing building (parcel IV) such as heater, air conditioner, water heater, electric, water, sewer, and trash area to addition (parcel III). Variance. The applicant is requesting variances for a zero building side yard setback where 20 feet is required, a 10 foot rear yard setback where 20 feet is required, and a zero parking setback where 5 feet is required. Findings. There have been several cases approved similar in nature to this proposal. The subdivision of the CSMlDynaMark property at 4255 and 4265 Lexington Avenue was split in a similar fashion with a zero lot line parking lot including access easements. The Control Data building a 4201 and 4233 Lexington Avenue was split by a zero lot line such that the parking, and utilities, and builidng are all divided into three lots. Therefore, the staff would find that this request is acceptable as long as their new property line remains "invisible" as was the case in the previous two examples. Deadline for Agency Actions. The City of Arden Hills received the completed application for this request on March 12, 1999. Pursuant to Minnesota State Statute, the City must act on this request by Thursday, May 13, 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 Monday, July 12, 1999. The City may, with the petitioners consent, extend the review period beyond the Monday, July 12, 1999, date. e e e e e Recommendation. The Planning Commission recommends approval of Planning Case #99-06, preliminary plat, including variances for a zero building setback where 20 feet is required, zero parking setback where five feet is required, and to allow the use of a private drive rather than a public street, subject to the following conditions: ' 1. Provision of the required easements for access, parking, sewer, water and utilities between the four parcels. 2. Rice Creek Watershed District approval. 3. Conformance with the conditions of Planning Case 98-24. Updates. None Planning Case 99-06 (Preliminary Plat & Variance) CSM, 4295 North Lexington Avenue 500 , o 500 0" "1 " I ;;~ rn eSlIU'fYRelcBrrl __ {) - .~ 1000 1500 N A 2000 Feet ---_.__..~...._._._-_...._-"---- .-...----------.- \' I I L - - ~- - - -;~~;-\- -;o~-I-- _ ~RNWOOD AVENUE _ _;~k,,, t- .l- J (PUBUC DEN HILLS) .~::" . a I u~ ' I ~ tt or; ",.-, ~ tttl![;ti~lfI4ili ,ill lIt 99. f{f~t!f ' ~!~ ~Eril~ril~.fl&a~~ F.~ }f5oi 5o~liii~f}1 ji ~:lf,ilf~l[ailt;i [i l~i5!ii~f~t[~8i; .1 ~: Ijoll"'f!.! I t. {~fl~5fiEii!fl!f! Ilf .[;~lig~l~fl~~~~1 I 1.~l:l~l!f~I..~ f l!~li~~uU~J~d~. . f 'If!~I[!;~~f!!fSi ~ rl'fl ~tifSIII.t ~ !it .Ifl'r~ ir~il , r o~l!laltlfialli ~ lfili[I~..iji3f.!i 1. r-5~ ! ~n Ill. f .~.~~Ir~.fl [ If ~ !~ltl.fltJii.l~i; r ~r~i fri~iFJi::~t ~ id,i~,gi[ni 1 ~lijJl:U~ - I ! .. ~ ~ ~ . ~.'" 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J--- I . ,. \ . : t I ,'\ ,..' ....' ..~._......_... _un NGTO~A~~NORTH--1PUBUC _ROAD) _ _' I HO'OI"U-[ 1....Ot --j ~TY STATE AID HIGHWA~O~'_ _ J. ;;;r-"/ M"~IIlF"_SlI:I;'''- 1R1IClI:I2.1ICwrl14C11fHJ1 "......" .. .. r- o o > ::l o Z i: > .. 'j!!j::::!:'t ~~~ ~~~ 0 ~-a- n ~ t~~!2 ~ (J'Io ., .. Silljf q o.ou.II1 " !:!~ 0 ~jIQ , '[ p ~ <+ I!l - CI g . ~"",N,: en c: OJ ,0 - < ..... en - o z " r- :I> Z I I I I i ~ ~ !it i.....!o~.,.; " 0<-- ~ . I [. I i I I I ,( I I , I i' ! :xJ m o dl ~ ~ cr 1+ ,. I ~ - I. Exhi bit B ~ I Celebrating 20'!~J7!}ofServing You CSM Corporation 2575 University Avenue West, Suite 150. St. Paul, MN 55114-1024 (651) 646-1717 . FAX (651) 646-2404 ~ March 12, 1999 RECEIVED MAR 1 5 1999 UJY OF ARIlEN HILLS Ms. Nancy J. Randall Associate Planner City of Arden Hills 4364 West Road Lake Road Arden Hills, MN 55112 Re: Dynarnark Facility located at 4295 North Lexington Avenue, Arden Hills, MN (planning Case #98-24) Dear Nancy: ~ou requested aletter supplementing the Land Development Application for Variance to City codes approving ro setback between buildings, no access to public street, and the Preliminary Plat (subdivision) recently submitted relative to the noted project. The requested subdivision and variance request will allow the buildings to stand alone with respect to ownership and financing, notwithstanding the common wall shared between the two buildings. Easements as may be necessary for utilities, access and parking between the two sites will be created by a declaration of easement which will be prepared and submitted to the City shortly. Feel free to contact the undersigned in the event you have questions or require further information. I understand the matter is on the agenda for the April 7th Plannin~ Commission meeting, and assuming approval is granted at that meeting, will be on the agenda for the April 26 City Council meeting. Thank you for your cooperation and assistance. Very truly yours, ~ . "l:%' M M .~ C': C\l --""TWYtJ7' -........., -'.. I f)(\-\\~i1 G ~q IWUIlIT B STATE OF MINNESOTA COUNT!' OF RAMSEY '- CITY OP .A1tDEK BILLS -SPECl'-AI;--US~PERKn"-'CASE }lo-:- 96'=05 -- The undersigned, Administrator for the City of Arden Bills (.Ci~f.), certifies as follows: 1. '. Control Data Syste1lll:l, Inc. ("Permi.ttes", or its predecessors, 4201 Lexington Avenue North, Arden Bills, Minnesota 55126, formerly owned the following described property situated in Ramsey County, Minnesota, to-wit: ~. The East 1/2 of the Southeast 1/4 of Section . 22, Township 30, Range 23, except the South . 693 feet thereof J all subject to. publicly dedicat"d rights-af-way. ("Original' Trac1: ") . Prior to 1996, Permittee or its predecessors, through various transactions, divided the Original Tract into the following parcels: I : ---;:.; I ~';::~J"" : A. Parcel A: That part of ~he East Balf ,?f the ?:_..,--! Southeast Quarter of Sect~on 22, Township 30, . ,,, ' .-._- i Range 23, Ramsey County, Minnesota described ~ ",. ,,". i as follows: ...'" .:-.. -r~r-' .I......,_~L. I . ,.'\.::.c,;,... ~ ~ '.:. - ,:1.:" \ Ll I' ., ,", '.... , . , 2. .' .. '. .... . ~:.i-~L 1;.~(;vr\:'E;;'; JIl .JaM 1 2 23 fH t97 LOU >1c~.CHtlA COUNTY RECORDER BY j DEPUTY . CODllllencing at the Northwest Corner of the South 693 feet of said East Balf of the Southeast Quarter; thence Easterly along the North line of said South 693 teet a distance of 684.09 feet; thence Northerly deflecting to the left 89 degrees !57 minutes 38 seconds !556.81 feet to the point of beginninq of the p~operty to be described~ then~e Northerly along tbe extension of the last course 53.15 feet~ thence Easterly deflecting to the right 90. degrees 00 minutes 33 seconds 339.73 feet, thence Southerly deflecting to the right 90 degrees 00 minutes 13 seconds 609.67 feet to the North line of the South 693 feet of said Bast Half of' the SoutheelSt Qua.rter~ thence Easterly along said North line 243.86 feet to the West line of the Bast 49.5 feet of said Southeast Qua.rter~ thence Northerly along said West line to the South line of the North 639 feet of said Bast Balf of the Southeast Quarter~ thence Westerly along said South line to the West line of the East 1044 teet of said East half of the Southeast Quarter; thence Northerly along said West line to the South 1 ~/Cj I........ "': . .. . F/APiD F.ECORr'I~.^'! 1_ ..1::1.. 2972334 line of the North 364 feet of said East Balf of the Southeast Quarter; thence Easterly along said South line to the West line of the East .49.5 feet_ of_!>!-ici_,S2utheas:t-Quarter; "tnence-Northeily along said West line to the North line of said Southeast Quarter; thence Westerly along the North line of said East Half of the Southeast Quarter 1155.54 feet; thence Southwesterly deflecting to the left 49 degrees 37 minutes 00 seconds 175.96 feet to the West line of said East half of the Southeast Quarter; thence Southerly along said West line 342.67 feet to the North line of the South 2162 feet of said East Half of the Southeast Quarter; thence Easterly along said North line 190 feet to the East line of the West 190 feet of said East Half of the Southeast Quarter; thence southerly along said East line 150 feet to the North line of the South 2012 feet of said East Half of the Southeast Quarter; thence Westerly 190 feet to the West line of said East Balf of the Southeast Quarter; thence southerly along sai..d West line 762. 02 feet to a point whieh is 556.98 feet north of the Northwest corner of the South 693 feet of said East Half of the Southeast Quarter; thence Easterly 685.05 feet to the point of beginning ("parcel A"). B. Parcel B: That part of the East Half of the Southeast Quarter of ,Section 22, Township 30. Range 23, Ramsey County, Minne.ota described as follows: COllIIlIencing at the Northwest Corner of the South 693 feet of said East Balf of the Southeast Quarter; .thence Easterly along the ~orth line of said South 693 feet a distance of 684.09 feet; thence Northerly deflecting. to the left 89 degree. 57 minute. 38 seconds 556.81 feet; thence Northerly along the extension of the last course 53.15 feet; thence Easterly deflecting to the right 90 degrees 00 minutes 33 second. 339.73 feet; thence Southerly deflect.ing to the right 90 degrees 00 minutes 13 second. 609.67 feet to the North line of the South 693 feet of said East Half of the Southeast Quarter; thence Easterly along said North line 243.86 f..t to the West line of the East 49.5 feet of said Southeast Quarter; thence Northerly along said West line to the South line of the North 639 2 d/ 19. . . . e e 'e ~'VoJ.~' .LI.L. .......1. 4.'-1. V~.. ~'1l; ..1"'" C. D. ......"..1 '.V...., .....t'\..".I..I.V.' ~...v.) 3//9 2972334 feet of said East Balf of the Southeast Quarter; to the point of beginning of the property to be described; thence Westerly along said South line to th~t lin@ of the East 994.51 feet of said East half of the Southeast Quarter; thence Northerly along said West line to the South line ot the North 364 feet of said East Half of the Southeast Quarter; thence Easterly along said South line to the West line of the East 49.5 feet of said Southeast Quarter; thence Southe:rly along said West line to the point of beginning ("Parcel B"). Parcel c: All of the East Balf of the Southeast Quarter of Section 22, Township 30, Range 23, Ramsey County, Minnesot,<'-, 'except Parcels A, B, and the Water Tower Site ("Parcel e"). Water Tower Site. That part of the East Half of Section 22, Township 30, Range 23, Ramsey County, Minnesota, described as follows: Beginning at the Northwest corner of the East 49.5 feet of said East Balf; thence Westerly along the North line of said East Half of the Southeast Quarter 1155.54 feet; thence Southwesterly deflecting to the left 49 degrees 37 minutes 00 ueconds 22.44 feet to the E<,-st line of the West 100 feet of said East Half of the Southeast Quarter'; thenee Southerly along said East line 459.26 feet to the North line of the South 2162 feet of said East Balf of the Southeast Quarter; thence Eauterly along said North line 90 feet to the, East line of the West 190 feet of said East Hal.f of the Southeast Quarter; thence Southerly along said Bast line tQ the North line of the South 2012 feet of said Bast Half of the Southeast Quarter, the point of beginning of the parcel to be described; thence Easterly along said North line to the West line of the East 1044 feet of said East Half of the Southeast Quarter; thence Northerly along said West l.in. to the South line of the North 364 feet of said East Balf of the Southeast Quarter; thence Easterly along said South line to the West line of the East 49.!l feet of said East Half of the Southeast Quarter; thence Westerl.y aloog said North line to its intersection with the West 3 "'C:.o ~ ...... 2972334 Y/jq e line of the East Balf of the Southeast Quarter of Section 22, Township 30, Range 23; thence Northerly along said West line 150 feet to its intersection with the North line of the South -~-~2--feet---o-f~-the'~ East-'lJa1.I:-of tlie'-Soritheast Quarter of said Section 22; thence Easterly along said North line to the point of beginning and there terminating ("Water ~owe~ Site") . 3. Permittee continues to own Parcel A and is the Tenant (until 2017) and Contract for Deed Vendor of Parcel C. Parcel B was conveyed in fee title to a third party and the Water Tower Site was conveyed to the City. 4. Permittee filed a Development Application with the City requesting a minor subdivision of Parcel A and. requesting a Special Use Permit which would allow Parcels A, B, and, C to be developed as a Planned Unit Development. 5. The Development Application complied with the City'S zoning regulations. 6. The Development Application was reviewed by the City'S Planning Co~ssion on the 2nd day of July, 1996. 7. The App1ication, supporting data, Minor Subdivision Plan prepared by Bansen, Thorp, pellinen, Olson, Inc. dated July 3, 1996, and the recommendations of t.he City' s P1anning ColDlllission were reviewed by City Council on the Ju1y 8, 1996. B. A Site Plan which illustrates the manner in which Parcel A is subdi.vided into Parcels A-I and A-2~ a Future Park Dedication area~ Key Landscape E1ements which need t.o be preservedJ and various Access Drainage and Oti1ity Easement areas was prepared by Bansen, Thorp, pellinen, Olson, Inc. on December 20, 1996, and is attached as Y" Exhibit A. Parcels A-1, A-2, and the Future Park ' Dedication area, are 1egally described as followsl e A. Parcel A-1: The part of the East Balf of the Southeast Quarter of Sect.ion 22, ~ship 30, Range 23, Ramsey County, Minne.ota described as follows: Co_encing at the Northwest Corner of the South 693 feet of sud Bast Balf of the Sout.heast Quarter 1 thence Easterly along the North line of said South 693 feet a distance of 684.09 feetJ thence Northerly deflecting to the left 89 degrees 57 minutes 38 seconds 4 e " " " u,.' yv...., .......... ......... ........... ........ ......... ........... 2972334 51'-9- B. 556.81 feet to the point of beginning of the property to be described; thence Northerly along the extension of the last course ~3.15 feet; thence Easterly deflecting to the right 96-dagre~~ 00 minutes ~~ secondS 339.73 teet; thence Southerly deflecting to the right 90 degrees 00 minutes 13 second. 609.67 feet to the North line of the South 693 feet of said East Half of the Southeast Quarter; thence Easterly along said North line 243.86 feet to the West line of the East 49.5 feet of said East Balf of the Southeast Quarter; thence Northerly along said West line to the South line of the North 639 feet of said East Half of the Southeast Quarter; thence Westerly along said South line to the East line of the West 190 feet of said East Half of the Southeast Quarter; thence Northerly 'along said East line to the North line of the South 2012 feet of said East Balf of the Southeast Quarter; thence Westel;'ly along said North line to the West line of said East Balf of the Southeast Quarter; thence southerly along said West line 762.02 feet to a point which is 556.98 feet North of the Northwest corner of the South 693 feet of said East Balf of the SOutheast Quarter; thence Easterly 685.05 feet to the point of beginning ("paJ:'cel A-1"). Parcel A-2; That part of the East Balf of the Southeast Quarter of Section 22, Township 30, Range 23, Ramsey County, Minnesota, described as follows; Beginning at the Northwest cornel:' of the East 49.5 feet of said East Balf; thence Westerly along the North line of said East Half of the Southeast Quarter 1155.54 feet; thence Southwesterly deflecting to the left 49 degrees 37 minutes 00 seconds 22.44 feet to the East line of the West 100 feet of said East Balf of the Southeast Quarter; thence Southerly along said East line 459.26 feet to the North line of the South 2162 feet of said Bast Balf of the Southeast Quarter 1 thence Easterly along said North line 90 feet to the East line of the West 190 feet of sud East Balf of the Southeast Quarter; thence Southerly along said East line to the South line of the North 639 feet of said East Balf of the Southeast Quarter; thence Basterly along said South line to the West line of the 5 2972334 rol "i4 . East 1044 feet of said East Balf of the Southeast Quarter; thence Northerly along said West line to the South line of the No4th 364 feet of said East Half of the Southeast -Quarter; ~nence ~as~erly along saiaSouth line to the West line of the East 49.5 feet of said East Balf of the Southeast Quarter; thence Northerly along said West line to the point of beginning ("Parcel A-2"). . 9. C. Future Park Dedication Areal That part of the West 100 feet of the East Balf of Section 22, Township 30, Range 23, Ramsey County, Minnesota, lying North of the South 2162 feet of said East Half of the Southeast Quarter and lying South of the following described linel Seginning at the Northwest corner of the East 49.5 feet of said East Balf; thence Westerly along the North line of said East Balf of the Southeast Quarter 1155.54 feet; thence Southwesterlr deflecting to the left 49 degrees 37 ~nutes 00 seconds to the West line of said East Half of the Southeast Quarter and there terminating ("Parkland"). The City's Council approved the Minor Subdivision allowing Parcel A to be subdivided into Parcels A-1 and A-2 subject to the following conditions which were to be satisfied prior to the recording of any deeds or other documents as necessary to effectuate the subdivision of Parcel A: . A. Conveyance of drainage and utility easements for the development of Parcels A-2 as shOW1:1 on the Site Plan and in a fOrlll approved by the City's Attorney. B. Conveyance of a :5:5 ft.. driveway easement as shown on the Site Plan and i1\ a form approved by the City's Attorney. C. Conveyance of the Parkland to the City by Warranty Deed free and" clear of encumbrances in the form attached as Exhibit 2. ,..,.- 10. The City's Council approved the Special Use Pennit subject to the following conditions: . A. Permitted Uses. A-1, A-2, and C on the Land Use The.land uses allowed on Parcel. shall be those which are indicated Chart attached as Exhibit 3.__ 6 . B. e ~---e. D. E. e F. G. e 2972334 7~q Lot Coveraae. The combined lot co'lterage for Parcels A-1 and C may not exceed 30%. The lot coverage for Parcel A-2 shall not exceed 30\. .€'loor Area Ratao. The combined floo4 areai:at..:i..o; as defined in the City' s regulations, for Parcel.. A-I and C Dlay not exceed 0.6. The floor area ratio for Parcel A-2 shall not exceed 0.6. Landscaoina. The combined landscape lot area for Parcels A-l and C shall not be less than 25\. The landscape lot area for Parcel A-2 shall not be less than 35%. The Key Landscape Elements, as illustrated on the Site Plan, shall not be disturbed. In addition, a row of parking stalls adjacent to Fernwood Avenue shall be eliminated and replaced with landscaping prior !;o any further development on Parcels A-lor C. Proposed landscaping plans shall be reviewed by the Planning Commislilion and shall require City Council approval. Parkina. It has been determined that there is currently a combined surplus of 171 parking spaces for Parcels A-l, and C and that there is a surplus of 41 parking spaces for Parcel A-2. Surplus parking areas may be utilized for future development. Park Dedication. The park dedication requirement for Pareels A-l, A-2, and B, or any future resubdivision of such pareels, shall be satisfied by the conveyance of the Parkland (Exhibit 2) and by conveyance of pe%1llAnent parking and access easements over portions of Parcels A-l andA-2 as shown on Exhibit 4./ Sianaae. Signag_ along Lexiniton Avenue shall be liJnited to the level of signage which existed on JUly 8, 1996. All other signage shall be subject to the requireDlents of the City's sign eode. B. Architectural Desicm. tuture buildings on Parcels A-l and C shall be desi~ed to be compatible with and compliment the enstJ.ng development on the site and contribute to the community image of pe:rmanence, stability and visual aesthetics. Exterior IllAterials and facades shall be coordinated with those of the existing development by integrating 5011I8 or all of the 111mB 211aterials, textures, and colors in order to insure compatibility with the existing buildings and the overall planned unit development. Such integration 7 2972334 ~/~\-~. , shall extend the entire length of all fllcades visible from public streets or other properties. S~"v.. In the future, a skyway may be-cons.tructed- to onnec~ tne building on Parcel C to the Cardiac Pacemakers, Inc. Campus located westerly of Parcel C provided thllt the plans and specifications for the skyway and a site plan illustrating the location and impact of the skyway on the Original Tract shall be subject to review and approval by the City COuncil. Agreements for the maintenance and any liability issues relating to the skyway shall be reviewed and approved prior to construction of the skyway. . J. Utili ties. utilities required for future developments occurring on the Original Tract shall be subject to review and approval by the City and shall be in compliance with the City'S regulations. t. It. East-West Private Street. The east-west private street, encompassing approximately the north 5S feet of Parcel A-l, Shall neither be dedicated as a public street nor improved to a collector street status. L. Future Develol)men1:. Parcel B. Any future develOplllent for Parcel B shall be in compliance with prior City approvals as contained in City Planning Case File Nos. 95-09, 95-11 and with the City's development regulations. M. Zero Lot. Lin... As a result of prior City approval, a building is currently located on contiguous portions of Parcels A-I, and C. The c:ontinuation of this condition shall be subject to applic:a.ble provisions of the City's developmeut regulations. N. Develocment Setback Parcel A-2. Development occurring on Parcel A-2 shall be set back at least 75 feet from the Parkland. '1'his development setback may be reduced to 50 feet with City approvel. . 11. Any violation by Permittee, its successors or assigns, of the provisions of this Special Use Permit shall be deemed a violation of the Arden Bills Zoning Regulations entitling the City of the various reUledies provided therein. 8 . . . e e . ;:J/'VO'~I ~....t. J.u...... C_"1..l. U.L... U"'*V ....v.. I"...;tJl \.ovnj v~"... .Lv._ 9~~ 12. A certified copy of the ~mg3J!~ Permit shall be filed by the City Administrator with the Ramsey County Recorder or Registrar of Titles. If the Subject Property is torrens, the Permittee she.ll provide the City w.i:th,,,them Owner's Duplicate Certificate of Title in order to allow the City to file a certified copy of this Special Use PeDlli.t. 13. The invalidity of any condition, limitation, prOV1S1ons, ~ara9raph, sentence or clause in the Permit shall not JJIlPair or affeet in any manner the validity, enforceability or effect of the r~inin9 provisions of the Special Use Permit. 14. This Special Use Permit shall affect Parcel C as long as Permittee is the Tenant and Contract for Peed Vendor. This Permit shall not affect the rights,Df the Contract Vendee to utilize Parcel C. Pated the 2~1f.. day of f)aCJ'K-~ , &~_. Brian~rit~1nqer City Adminiserator 1996. ~I JICDa-SUP _.r a, 19M SIA1E CF~) )SS. alNIY CF IW&:'l ) 'The ~ "'lIl5 ~ before ... tIti.5 26ti, day of ~.ber, 1996, by Br:ian Frits1nger, the City ~ of the at)' of Arden Hills. a Mil1nellom IIUI1c:i.pal oxporat:ion. an beIBlf of the OJ1potat1cn. ~tUdyh .. .4'- .V...-- A:\........ )iJOHN D. HEA~y~R. "orlA'l "J8UC . ........orA RAMSEY COUNTY """ ..:0fI'lM......... .....!'t. 31.2aOD . 9 , .... ...~.... ....._ .......... .._ w._ ~.w _.~. e e . i t ,. 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I I C 2972334 llItJ.Il[l' A -, .... \ " I ---.-.:-.........-, .......-. ..., ~I Sj1 i:= 1'1'1 .t.. uij Ii Ii 1111 11-; It 'I }I: ., .1 fl( , II I 'f II, [ II f I ! J 1 I t ! Joj 19-' CJ) - -I m " r- ~ Z Wi Poll ~j{ III 11:!i t~ I !!;'!!trf.p.i ,!! i liilIllJ1l!Rlj"I':: i !I[m:!~uu;;sm~m I!, I U t." "illl'l' II ~ · Ij1tG;!ill Po . I,lftr' U!!l!U!f-. i ~ii ~l liiffii;lt~~iii I: i !li!H:.rinil::.; n ~ i; !'i3lmw.h!! .Iif! I! J!..ri[ II i Illil-il. i J II .:nOlli!., 11~"It- 'C.II"!doll.L ~l ! : tMt~ilirl fi qilml~iID'n~ it I l.fIl!!! ijb::mmu. fr ". '-i ffi!:!ptl. 'I I p'" "~fi\'i I ! 1!/',II',P,:r- Sill I liP,'!!, It~J!'~It;!IH I, i, i!UI1!~,~f_!!I1f.ii r. ! ~i:;l!iI1m!r~m t ft. G' i'll"pit! - 'i!tr.,n.~{II"' '11'1.1 ~i!mt'~,<< . Ii! ':f rri!fu1~! I jiJ.!lm1ii!n! I ~i!immmr,iri-m f Ii! it ~'i~~i! I !il:iillft.h. 1 IoIlttnm~r.ma I ilJ i; Jli~il!!Iilrl. ll'~i~ij!~~h! I cam~:: ~J;flGill!!i . ill"' "ld!' i :n.'it !II'II i ;Co '1';:1111 I ..~. i~~lll, lii!i;H,I::l.~. I iil'l .i~'r.. ',' It' , ~.r "l~'llldl. !.UI!"' ,!~. I ".d.. I':.' f I: '; i!!11Ihrll 5~91!'P.lli ' IHb!jI!:)n~1f~r:..II /0"/ . Ifl! ill:'!! 11.I;,IP,lI'" .ot"II'im~, !I.r r ' Ill' rl,,1 " J II 'n I ......, 'Ii :1 I '-1o:&.............1lN<<'r0Ufli ...................~.~ -...... --~~""'t..,.. 29723~ No <kliaq..... lUes aod .....r.r _: Cenillcarc of II'" Eo.... Value ( ) lied ( ) DOl roqllinld Ceni_ of ReaI_ Valuc No. .19_ . ....~ .... "11-:,; ... ~~"''':.'';;:I;i - r 0IIn<y..Au4i br Deputy STAlE DEED TAX DUE HE1W)N: S DIIe: December 19.!!... (rauvcd for IC<Or1Iinc dalal FOil VALUABLECONSIDElV.notf. Control DIlta Systlllll$. Inc. . ill cor,poration Mdcr (he laws of Del.vare . Orulor.1Iemoy COIl"" __lS 10 City Of Arden H111a _n~i~~p.' ~^PP^P.~;"" 'D....__y /" ~. See Exh1~1t A attached . Oraarec. a .-JI'llIlClIl'ln UIUtet d'Ic: bWJ of Mf " ".!IIl:nt'=- County. Mi.......... _bolla follows: .- hereto for le9.1 description of real p~operty. .-.- ................. ........... wi'" oil _il,menlS ancI_ beIoOIPllhcmo. subject 10..... foll_(~ AIli, Deed To.< S....p Hon Con~rol D.~a System.. Inc. 8r lIS STATE OF MINNESOTA COUNTY OF ",. fotqOilll woo _Weed befoft: _lIliI '>' Ibc of Con'trol Qata SVs't..... tn(!. WIder Ibe IIwI of '>>lawa rt! 8r ... II. day or J).e...mer .1996 . IlI/I ,Illd . . C:Ol"DDra r.l0ft . . OIl behalfotdle c:aruo~.t:ion. ItlVtMlM, 17.-............ uruv.UM[J IICIIA1'UqGII.....TADIGi ~ U RrJ' TM S- ,.......,..,..,...... it....--........__ lItIiCII*_....-.fI....1r; _._ 1 ""U"T!~ DI.vrID IT ___NfOADDQIBl CoIltrol Data Sy.t...., IDe. Janel A. lelllAd! 4201 Lex1ll9taD AY1mue Nor"" Arden Hilll, MM 55126-619. City of Arden Billa 1450 west Highway 96 IorG.... 11111., MIl: 55112 II tl/\~ -2...: . ' ". .... " , , , t~~ ~":~\'i.~.'. .:.~ :, r. ~~ ." " . ,., ." '. . ....:..;: :. .~: ... ;~ .: 1: ;'~ .~.;..;. :~,. . ~ :. '. . . . ~:.:. ,r ~: ::i.~~~~'l;.;;{~~>:... .'; f : .."". if.. ....... ~.:; :::i~? ':,::~:~". " . ",' ~ :~": t. I :!.J, <l.~~);~< .... I . '.. ." .':' ,. , .' " .' ~ - . - . . .. . '" '. i . V' ....,Jo. . , H' ....V.~o.J L"-' Vh V'V ...'tV.... \...J~ ....Vl'oIV..'\."'1.,L.....' ldJr~ ~A 2972334 <11%1-.. 00'3' C:.C 5=cG - ,,'"-,:, a-zCD Oo.JO :. '3' 0 .. !...~::. a.CI..,cC -- O::llO _.:r~ .;J'"_ ..J -~------ ~-s=:r 03- ., '3' . ..~ ;": n. _co 0 ...'C .. 0_ ~ ...~- Q 0" 3"..- ::10" 5"'" Q ::r Q.c- ...-" -::1- o"~ 'C -0 _" ::> 5""/Tl0 ~-o <0 .0 <.00 0 ::!. '!t- o ......~:r .._lI " 0.::1 Go 3 :t:'" c ,,- _0" 5':0 ::I -- c- o- -on oa- . _0 -, :r fa ., - '" ,0 -::I ~-< ", o::r" 0..... · S"a . Con 2- _00 .. o - lIO =z:t: nc- ~~o 0_'3' ;:J :r II --- ~"", ::>;,-- ... 0 w~Q i"i: --.. o - ;:~.. CilS~ n.." ..o!" :l. :'u. tr III :e~_ ~~~ .. .. co-.. --- ::l .. -(JI0 ~ij~ 5"P'_ "(JI ...... o a .c -.ii: j]~ ....,.. Q.::"Q ., ll. . 0'- ,..5'- -a ... o!:z:: .. .. a l!.~ _n - ll.o .~ :z:: ,..= a 11I- eg -2 ;,- - .., - 0-:1 :t~ -. _:rn lE" 9,' s::~ -... 0-. 00 lJI!~ -~ 8"<! ~!- s: t'< ''is' ....2, ~ . , . .,' 0"0 ~!l:J :roO 0.:0_ e; ::r 0_.. ;:'0 .. .. e. I fa 2972334 13Jl~' -. -3 ;::':~~::::'~:.'" :a.;,J'\. ..~;._J .. - Land Use pun Agriculture - " Antenna, Dish. or Tower SA Bu.iness Scrvh:c p Clinic p Club, sporu 11 Fitness p Comme"ial Recreadon . Day Care, <10 Children A Day Care, >10 Children p Residendal Fu<ility, > 6 . .~ FilllnciallDstltulion and SuYi.e P Garage, Truck . HolellMolel S Land Reclamation - Mallufaduring & ProeasiDe, CluJ I P MiaiDl . Mutliple Use Operadon S om.. p Personal Servi~ A Public UIe S Researcll P , ' Researcll ADlmall A " RMtauraat - Retail Saki 11 Service A " Service Statioll . Utitity DistrIblItlDD UM P Utility SabstatlDD . . Utility Traasmlssloll S WarehotUiDI! S . P - PenDit1ed; S - Special Use PenDit; A ~ Accessory; SA = Special Accessory Use Permit /0 . . . . ...... L.. ...."..." . .... v..... v "11 " ... 'I \~ '" r4~9 ....."...1 \.u....., Vi\..~.l4'''''.' 2972334 '. .,_ 'I . --.........-..-.-------........... --=:....::.~..... I' -:- '~"'~_' PERMMEN'J:' EASEME:11'r PAAXIBG AJm ACCESS 1.0 Grantor. This Easement is dated the day of , 1996, and is conveyed by ContJ:'ol Data Systems, Inc.,. a Minnesota co:rpoJ:'ation (heJ:'ein "Grant-oJ:'''). 2.0 property. Grantor represents that it is the record fee owner of the following described parcels situated in Ramsey County, Minnesota, to-wit: A. Parcel A-I: The part of the East Half of the Southeast Quarter of Section 22, Township 30, Range 23, Ramsey County, Minnesota described as follows: COInI1Iencing at the Northwest Corner of the South 693 feet. of said East Half of the Southeast. Quarter, thence Easterly along the North line of said South 693 feet a distance of 684.09 feet I thence Northerly deflecting to the left 89 degrees 57 minutes 38 seconds 556.81 feet to the point of beginning of the pro~erty to be describedJ thence Northerly along the extens10n of the last course 53.15 feetJ thence Easterly deflecting to the right 90 degrees 00 minutes 33 seconds 339.73 feet; thence Southerly deflecting to the right 90 degrees 00 minutes ~3 seconds 609.67 feet to the North line of the South 693 feet of said East Balf of the Southeast Quarter; thence Easterly along said North line 243.86 feet to the West line of the East 49.5 feet of said East Half of the Southeast QuarterJ thence NortheX'ly along said West line to the South line of the North 639 feet of said East Half of the Southeast Quarter; thence Westerly. along said South line to the East line of the West 190 feet of said East Balf of the Southeast QuarteX'; thence Northerly along said East line to the North line of the South 2012 feet of said East Balf of the Southeast QuarteX'; thence We.terly along said. North line to the West line of said. East Balf of the Southeast Quarter; thence southerly along said West line 762.02 feet to a point which is 556.98 feet North of the Northwest corner of the South 693 feet of said East Half of the Southeast Quarter; thence Easterly 685.05 feet to the point of beginning ("pan:el A-I n ) . Pareel A-2: That part of the East Balf of the Southeast Qua:rter of Section 22, Township 30, Range 23, Ramsey County, Minnesota, dellcdbec1 as follows: Beginning at the Northwest: corner of the Bast 49.5 feet of said East Half; thence Westerly along- the North line of said East Balf of the Southeast Quarter 1155.54 feet; 1~ II. ............ ........" . ...~ ........ v,... .., ", \"J.'l \,.Vl\l Vf\."\1.1.V.' 2972334 J?Ji9 _ , thence Southwesterly deflecting to the left 49 deg::t'ees 37 minutes 00 seconds 22.44 feet to the East line of the West 100 feet of said East Half of the Southeast Quarte::q thence Snl1l'h..,..,y along said East line 459..26 f",..L Lo--thl!o----' North line of the South 2162 feet of said East Balf of the Southeast Quarter; thence Easterly along said North line 90 feet to the East line of the Weet 190 feet of said East Half of the Southeast Quarter; thence Southerly along said East line to the South line of the North 639 feet of said East Balf of the Southeast Quarter; thence Easterly along said South line to the West line of the East 1044 feet of said East Half of the Southeast Quarter; thence Northerly along said West line to the South line of the No::t'th 364 feet of said East Balf of the Southeast Quarter; thence Easterly along said South line to the West line of the East 49.5 feet of said East Balf of the Southeast Quarter; thence Northerly along said west line to the point of beginning (~p.rcel A-2~). 3.0 Terms and Conditions. For valuable consideration, Grantor. hereby conveys to the City of Arden Bills, a Minnesota lI1UD.i.eipll.l corporation (.City.), the following.described.easements I A. parklne Easement. A permanent, non-exclusive easement tor the parking of vehicles over and across Parcel A-2 except the East 800 feet thereof ("Parking.Ea8.ment"). B. ","ccess Baa_ents. Permanent, non-exclusive easements for ingress and egress over and across the following described parcel: 1. The North 55 feet of the East 1079.30 feet of Parcel A-l. 2. The South 55 feet of the North 67.97 feet of the West 150 feet of Parcel A-1. 3. All of Parcel A-2 lying Westerly of the West line of the East 1044 feet of the Eas't Balf of the Southeast Quarter of Section 22, Township 30, Range 23. 4.0 Conditions of Eas.ullt. The Parldng and Access I:&s_nt. described herein are conveyed subject to the following conditions: A. .-....r of P8l:'klne Spaces. The parking Bas_ent is described herein aaa blanket eas_ent but is intended to accOn\ll\Odate approximately fifty to s~ non-exclusive parking spaces for use in conjunction with the adjacent City Park, Which parking .space. may, at the Grantor's discretion, be located anywhere within the parking Basement subject to the provisions of Section 4.0, B. ~ 1.:5 , , ur "U.QIOl:fI .LL.J:. .LV...' ~."." v..... ...."IV .....,.. " B. 2972334 I foj/9 Loca~iOD. Grantor reserves the right to develop, construct, use and maintain additional improvements within the Parking Easement provided that, at such time "'" cleve] "r'Ueut: occurs. Graat;or shall s~eeificai-ly designate a portion of the Parking Easement which will continue to be utilized to accommodate fifty to sixty Don-exclusive parking spaces in conjunction with the adjacent City Park, and further provided, that the specifically designated portion of the parking Easement shall be in close proximity to the City'. Park. Any relocation of designated parking spaces shall be preceded by thirty (30) days written notice to the City. c. SIlQcific Access Area. The Access Easement over a portion of Parcel A-2 as hereinabove defined ill a blanket easement but it is intended that Grantor, in conjunction with the further development of Parcel A-2, will specifically designate a more ~ermanent access easement and, at such tUne, the descript~on of the Access Easement oval; and aCl;OSS Parcel A-2 will be modified. D. " E. e SiG'uaG'e. The portion of the Parking Easement designated for City use shall be identified by apPl;opriate signage. The City shall be responsible for constructing and maintaining Parking Easement identification signs. The character, size and location of such signage shall be subject to Grantor's pl;ior written approval, which may not be unreasonably withheld. MaiJ:l'l:ellsllce. Grant.or shall mailltain the surface of the Parking Easement and Access Easement and shall be responsible for BilOW removal as long as the building on Parcel A-2 remains occupied by its cun:ent tenant, Dynamark. Upon sale and further development of that portion of Parcel A-2 on which the parking Easement is locatec:l, Grantor and/or purchaser of such property shall be responllible for maintaining the surface of the Parking Basement and Access Ba.~nt for removal ot snow. The City shall be responsible for constructing and maintaining any additiollal improvements or lights necessary to accommodate t.he City's use of the Parking Easement. The character, size and location of such lighting shall be . subject to Grantor' s prior written approval, which may not be unrea.onably withheld. :r. Bours of U.8. The parking Easement and Access Basement may be utili%ed ona non-exclusive basis by the City and the public in conjunction with 'the public use of the City Park daily between 8:00 a.m. and 10:00 p.m. G. SublettinG'. The parking Easement and Access Easement may be used by the City and the public, only for the purposes f IU' 2972334 expressly provided for herein, and the City lIlay not assign, sublet or otherwise transfer its rights and interestll hereunder, without Grantor' s prior written l!nn~Ant:. B. Warran~v of Title. Grantor covenants that it is seized of Parcels A-I and A-2, and that the City shall have the non-exclusive right to use fifty to sixty parking spaces to be allocated and maintained within the Parkin9 Easement during the term and pursuant to the provisions hereof. I. Naste and Nuisance Prohibited. The City shall comply with all applicable laws affecting the Parking Easement and Access Easement, and shall not commit or suffer to be committed any waste or nuisance on the Parking Easement or Access Easement. J. Taxes and Assessments. Grantor shall continue to be responsible for the payment of any taxes or assessments on the Parking Easement and Access Easement. Liens. The City 6hall keep the Parking ,Easement and Access Easement and any ilIIprovements which it constrl1cts thereon free and clear of mechanic liens, material liens and other liens for or arising out of or in connection with work or labor done, services performed or materialG or appliances used or furnished for or in connection with any operations of the City. L. lnd_ificatioll. of Graat.or. Grantor shall not be liable for any loss, injw:y, death or damage to persons or property which at any time lIlay be suftered or sustained by any person using or occupying the parkinfl Easement or Access Easement and resulting frOlll the negligence of the City or its agents. The City shall not be liable for any loss, injury, death or damage to persons or property which at any tilll. may be suffered or sustained by any person using or occupying the Parking Ea._ent or Access EasSlllent and resulting from the negligence ot Grantor or its agents. . K. M. J:nsurlUlce. The City shall, and at its sole expense, include the Parking Basement and Access Bas_nt within its liability coverage. At the recr.xest of Grantor, the City shall provide proof of liahil~ty coverage. ~ i7 . 17!~~. . . . . . . Parkina Ratios. The parking spaces allotted for City's use on Parcel A-2 may be included in any calculations reTlired. tGl GGllllpl11::e the required f)a.o;k.ing spaces for the development of the Subject Property. CONTROL DATA SYSTEMS, INC. A~1--- (j , II~ ~I ~-rR-tIJ T ~.E c;(. €. T t'T ~ y ., N. Its: Its: 2972334 12~90 By: By: ,- S~! OF MINNESOTA ) ~)SS. COON'l'Y OF I On this /;J" -tfJ y of o{).~~ , 1996, befo~e me, a ot~ lie wi hin and for said county, personally appeared . a. , to Ille known to be the ~.-.:r;:::: ~ of the above described corporatio, and they executed the foregoing ins1::rument and acknowledged that they executed the same by authority of and on behalf of Grantor. c~~ a. Not Public ,U,~ G. iit> ALVCE A. eLOCMa~RG rfl1fMt ,,*Ci J r-.sorA . ....w- ....u101\o1111l Ie ~ 2972334 I~m~'\ . CITY OF ARDEN BILLS By: Its: Dennis Probst ..y~ ~ Bri'~ng* City Administrator By: Its: STATE OF MINNESOTA COtlN'l'Y OF ) ) ss. ) .~ On this day of , 1996, before me, a notary public: within and for said county, personally appeared Dennis Probst and Brian Fritsinger respectively, to me known to be the Mayor and City Administrator of the City of Arden Hills, and they executed the foregoing instrument anclacknowledged that they executed the same by authority of and accepted such Easements on behalf of the City of Arden aills. Notary Public . ., J/104SOH1.D01 Dec.uer 24, ll1H Iq J'. . '. ~ e e e CITY OF ARDEN IllLLS MEMORANDUM DATE: April 21, 1999 TO: Mayor and City Council Brian Fritsinger, City Administrato~ Tobacco Ordinance #310 FROM: SUBJECT: Requested Action The City Council is asked to adopt Ordinance #310, "Relating to the Sale, Possession and Use of Tobacco Products, and Tobacco Related Devices in the City of Arden Hills." Backl!round In late 1997, the State of Minnesota created a law which regulates the selling and use of tobacco products. This bill was primarily focused on keeping tobacco products out of the hands of youth and requires cities to adopt ordinances which meet its intent. At that time, even though the City did not have an ordinance in place, the City Council voted unanimously to join the North Suburban Tobacco Compliance Project (NSTCP). This organization works in cooperation with the Ramsey County Sheriff's Department to ensure that licensed tobacco vendors are meeting the requirements of State law. This is primarily done through compliance checks. City staffhas been working with the City Attorney to develop an ordinance which addresses the requirements of the State law. Have Current Licensees been Noticed of the Proposed Ordinance? The law requires that at least a thirty (30) day notice to licensees be given prior to amending our ordinance. As part of the 1999 Business License renewal process, staff notified licensees that the City was expected to consider an ordinance within sixty (60) to ninety (90) days. Formal notice was provided the week of March 15, 1999. Does the City Currentlv have a Tobacco Ordinance? The City does not have a current ordinance specific to the sale and use of tobacco. Tobacco sales are licensed by the City under a different section of the C~de. What is the Fee for Licensinl: Tobacco Vendors? The City, in 1997, increased the fee for a tobacco license to $200.00 per year. This was done to offset the costs of completing compliance checks and other sections of the new law. Staffis not recommending any changes to the fee structure at this time. " Memorandum - Tobacco Ordinance #310 Page Two April 21, 1999 e What were the Provisions of the l.aw Passed by the State? The law was created to provide a uniform floor of provisions to reduce youth access to tobacco without pre-empting local control. Some of the key provisions of this law are: . Licensing of all tobacco retail outlets . Penalties against the license holder for the illegal sale of tobacco to minors . Mandatory compliance checks at least once every year . Ban on self-service displays of single packs of cigarettes and smokeless tobacco, and on vending machines except in facilities that cannot be entered by minors . Suspension of Drivers License of a minor found guilty of using the license to purchase tobacco . Penalties for the clerk who illegally sells tobacco to minors . Alternative penalties for minors found to have purchased, used, or possessed tobacco illegally How does the Proposed Ordinance Address the Minimum Provisions? 1. Issuance of License Currently, all license approvals are handled by the City Council when they approve the annual Business Licenses. The City Council may wish to have the Tobacco License handled in a similar fashion as are Rubbish Haulers. In this case, the Council grants the annual license on that specific service, aside from the other business licenses. e 2. Compliance Checks Section 13.5-9 of the ordinance states that the City will conduct at least one (1) compliance check each year. The City currently works with NSTCP on the completion of two (2) compliance checks on each business each year. 3. Vending Machines The language included in Section 13.5-7 should mirror the minimum language required by the State. The ordinance prohibits vending machines in certain locations. If a vending machine is improperly located, the vending machine licensee has violated the ordinance regardless of the age of the person who uses the machine. The City Council may wish to ban all cigarette vending machines. This would require a federal waiver which the League of Minnesota Cities (LMC) would handle. e . e e e Memorandum - Tobacco Ordinance #310 Page Three April 21, 1999 4. Self-Service Prohibited Section 13.S-6 is drafted in a manner that the customer cannot, regardless of age, have access to tobacco products without having to request the item from the clerk. 5. Penalties to Licensee Section 13.S-11 addresses the penalties to the clerkllicensee who violates the ordinance. Penalties are $200 for the first violation; $SOO for the second violation; $1,000 for the third violation; and $1 ,SOO for the fourth violation. In addition, the license can be suspended for a third and fourth violation. 6. Penalties for Minors The ordinance does not include any specific language addressing penalties for minors. The City Attorney has recommended against including any penalties against minors as part of the ordinance. Other Issues The City has been advised that there is a lawsuit pending in Ramsey County that requests a clarification of the meaning of the terms in M.S. A. 461.18, Subd. 2. This is the area of the State Statute that addresses vending machines and the language, "....facility being entered any time unless 18 years of age....". The language in the proposed ordinance is consistent with that currently used by the State of Minnesota. In other words, vending machines will be banned in all restaurants/bars. Attorney Filla has indicated that, until such time that the District Court rules on the lawsuit, there is no need to amend the ordinance. Should the courts make a decision that requires a change to our ordinance, staff will provide the recommended change to the City Council. Recommendation The City Council is asked to adopt Ordinance #310, "Relating to the Sale, Possession and Use of Tobacco Products, and Tobacco Related Devices in the City of Arden Hills," and direct the City Administrator to publish a summary of such ordinance. BF/sls e e e CITY OF ARDEN mLLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 310 AN ORDINANCE RELATING TO THE SALE, POSSESSION AND USE OF TOBACCO PRODUCTS, AND TOBACCO RELATED DEVICES IN THE CITY OF ARDEN mLLS. THE CITY COUNCIL OF THE CITY OF ARDEN mLLS ORDAINS THAT CHAPTER 13.5 AND ITS SUBDIVISIONS ARE HEREBY ADDED TO THE ARDEN mLLS CITY CODE TO READ AS FOLLOWS: Chapter 13.5 Tobacco Products 13.5-1. Purpose. The City recognizes that many persons under the age of eighteen (18) years purchase or otherwise obtain, possess and use tobacco, tobacco products, and tobacco related devices, and that such sales, possession, and use are violations of both state and federal laws. Studies, which are hereby accepted and adopted, have shown that most smokers begin smoking before they have reached the age of eighteen (18) years, and that those persons who reach the age of eighteen (18) years without having started smoking are significantly less likely to begin smoking. Smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government. Consequently, this Chapter is intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing law, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minnesota Statutes ~ 144.3 91. 13.5-2. Defmitions and Interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their cornmonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter and vice-versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: (a) Tobacco Product. "Tobacco Product" means any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fme cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; .. shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, . cuttings and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. (b) Tobacco Related Device. "Tobacco Related Device" means any device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of a tobacco product. (c) Self-Service Merchandisin\:. "Self-Service Merchandising" means an open display of a tobacco product, or a tobacco related device in a manner where a person has access to the tobacco product, or the tobacco related device, without the assistance or intervention of the licensee or the licensee's employee. As used herein, "Self-Service Merchandising" shall not include dispensing products by a vending machine. (d) V endin~ Machine. "Vending Machine" means any mechanical, electric or electronic, or other type of device which dispenses a tobacco product, or a tobacco related device upon the insertion of money, tokens, or other form of payment directly into the machine. (e) Individually -packa\:ed. "Individually Packaged" means any tobacco product wrapped individually for sale. Individually wrapped tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans ofloose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. e (f) Minor. "Minor" means any natural person who has not yet reached the age of eighteen (18) years. (g) Retail Establishment. "Retail Establishment" means any place of business where a tobacco product, or a tobacco related device is available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, restaurants and on-sale or off-sale liquor establishments. (h) Moveable Place of Business. "Moveable Place of Business" means any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter. (i) ~. "Sale" means any transfer of goods for money, trade, barter, or other consideration. e e e e G) Com,pliance Check. "Compliance Check" means a system used to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this Chapter. 13.5-3. License. No person shall sell or offer for sale any tobacco product, or tobacco related device without first having obtained a license to do so from the City. (a) Ap,plication. An application for a license to sell a tobacco product, or a tobacco related device shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application and any investigation required thereby, the City Administrator shall forward the application to the City Council for action at a regularly scheduled Council meeting. If the City Administrator determines that an application is incomplete, the application shall be returned to the applicant with notice of the information required to complete the application. (b) Action. The City Council may either approve or deny the license application. If the City Council approves the license, the City Administrator shall issue the license to the applicant. If the City Council denies the license, a notice of the denial shall be given to the applicant containing the City Council's reason for denial. (c) Term. All licenses issued under this Chapter shall be valid until December 31 st of the year the license is issued. (d) Revocation or Suspension. Any license issued under this Chapter may be revoked or suspended as provided in the Violations and Penalties section of this Chapter. (e) Transfers. All licenses issued under this Chapter shall be valid only on the premises for which the license was issued and only for the person or entity to whom the license was issued. No transfer of any license to another location or person or entity shall be valid without the prior approval of the City Council. (f) Moveable Place of Business. No license shall be issued which allows a tobacco product or a tobacco related device to be sold in a moveable place of business. (g) Display. Alllicenses shall be posted and displayed in plain view of the general public on the licensed premises. . (h) Renewals. A license may be renewed by the City Administrator upon verification of the accuracy of the information contained in the original application and upon receipt of the appropriate license fee provided that the licensee has not violated any of the provisions of this Chapter. The request for a renewal shall be made at least thirty (30) days, but no more than sixty (60) days before the expiration of the current license. e 13.5-4. Fees. No license shall be issued or renewed under this Chapter until the appropriate license fee is paid in full. The annual license fee shall be as determined, from time to time, by resolution of the City Council. 13.5-5. Basis for Denial of License. The following may be grounds for denying the issuance or renewal of a license under this Chapter: (a) The applicant is under the age of eighteen (18) years. (b) The applicant has been convicted within the past five (5) years of any violation of a federal, state, or local law relating to a tobacco product or a tobacco related device. e (c) The applicant has had a license to sell a tobacco product, or a tobacco related device revoked within the preceding twelve (12) months of the date of the application. (d) The applicant provides false or misleading information in the application, or in connection with the renewal of the license. (e) The applicant is prohibited by federal, state or other local law, from holding such a license. 13.5-6. Prohibited Sales. No person shall sell or offer to sell a tobacco product, or tobacco related device: (a) To any person under the age of eighteen (18) years. (b) By means of any type of vending machine, except as may otherwise be provided in this Chapter. e e e e (c) By means of "Self Service Merchandising". (d) By means of "Individually Packaging". ( e) Containing opium, morphine, jimsonweed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. (f) By any means or form prohibited by federal, state or local law. Section 13.5-7. Vending Machines. It shall be unlawful for any person to allow the sale of a tobacco product, or a tobacco related device by means of a vending machine unless minors are at all times prohibited from entering the licensed establishment. Section 13.5-8. Responsibility. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of a tobacco product, or a tobacco related device on the licensed premises. Section 13.5-9. Compliance Check and Inspections. All licensed premises shall be open to inspection by the City's law enforcement agency, representatives, or other authorized City officials during regular business hours. From time to time, but at least once per year, the City or its authorized representative shall conduct a compliance check by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years to enter the licensed premises to attempt to purchase a tobacco product, or a tobacco related device. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers, or other designated persounel. Minors used for a compliance check shall not be guilty of the unlawful purchase or attempt to purchase, nor the unlawful possession of a tobacco product, or tobacco related device when such items are obtained as part of a compliance check. No minor used in a compliance check shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or licensee's employee, and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Chapter shall prohibit a compliance check authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state of federal law. Section 13.5-10. Other Illegal Acts. e Unless otherwise provided, the following acts shall be a violation of this Chapter. (a) IlIel!'a1 Sales. It shall be unlawful for any person to sell or otherwise provide a tobacco product, or a tobacco related device to a minor. (b) Illegal Possession. It shall be unlawful for a minor to have in his/her possession a tobacco product, or a tobacco related device. This subdivision shall not apply to minors lawfully involved in a Compliance Check. (c) Illegal Use. It shall be unlawful for a minor to smoke, chew, sniff or otherwise use a tobacco product or tobacco related device. (d) Ille~a1 Procurement. Except as it relates to minors lawfully engaged in a compliance check, it shall be unlawful: (1) for a minor to purchase or attempt to purchase or otherwise obtain, a tobacco product or a tobacco related device. (2) for a person to purchase or otherwise obtain a tobacco product or a tobacco related device on behalf of a minor. (3) for a person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use a tobacco product or a tobacco related device. e (e) Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Section 13.5-11. Administrative Fine, Suspension or Revocation. Any violation of the City's regulations relating to the issuance of a tobacco product license or of any condition/restriction attached to the issuance of such license shall be cause for the imposition of an administrative fme, suspension of the license or revocation of the license pursuant to the procedures described herein. A licensee whose license has been revoked shall not be eligible for another tobacco product license for one (1) year from the date of license revocation. If the violation relates to the sale of a tobacco product or a tobacco related device to a minor by licensee or licensee's employees, the following administrative fines, suspensions or revocations shall be imposed: e e e e (a) The first such violation within twenty-four (24) months shall subject the licensee to the payment of an administrative fine of $200. (b) The second violation within twenty-four (24) months shall subject the licensee to the payment of an administrative fine of $500. (c) The third violation within twenty-four (24) months shall subject the licensee, at licensee's option, to the payment of an administrative fine of $1 ,000 or to a minimum seven (7) business day suspension of the license. The licensee shall notify the City Administrator in writing within ten (10) days of the date specified in the license violation notice if licensee selects a license suspension option or shall otherwise remit the administrative fine to the City within such time period. (d) The fourth violation within twenty-four (24) months shall subject the licensee to the payment of an administrative fine of $1, 500 and to a minimum seven (7) business day suspension of the license. Section 13.5-12. Hearing. The imposition of an administrative fine and/or a suspension of license, unless the suspension is requested by licensee, shall be preceded by a hearing before the City Council. Section 13.5-13. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing of tobacco, tobacco related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by state law. Section 13.5-14. Severability and Savings Clause. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforcability of any other section or provision of this ordinance. Effective Date. This ordinance shall become effective the day following its publication or the day following the publication of an ordinance summary approved by the City Council in the City's official newspaper. Adoption Date. Passed by the City Council of the City of Arden Hills this day of2<f' day of April, 1999. ATTEST: BRIAN FRITSINGER, CITY ADMINISTRATOR DENNIS PROBST, MAYOR e e e e e e CITY OF ARDEN HILLS STATE OF MINNESOTA COUNTY OF RAMSEY STATE OF MINNESOTA ) ) ss. ) COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAILING Sheila Stowell . being first duly sworn, deposes and says: That on the 26th day of March ,19..22.., acting on behalf of the said city, I deposited in the United States Post Office at New Brighton, Minnesota, copies of the attached notice and draft ordinance, enclosed in envelopes, with postage thereon fully prepaid, addressed to the attached list: (See attached mailing list) There is delivery service by United States mail between the place of mailing and the places so addressed. Signature Subscribed and sworn to before me on this _ day of ,19_. NOTARY STAMP Notary Public e DATE: March 15,1999 RE: Arden Hills Tobacco Ordinance Dear Cigarette Retailer: NOTICE Your business has been identified as one which may be selling cigarettes through the use of vending machines or through over the counter retail sales. This letter is to inform you of a law which was adopted by the Minnesota Legislature that affects the sale, possession, and use of tobacco-related devices. Minnesota Laws (1997), Chapter 277, bans the use of vending machines in all facilities except those which cannot be entered by minors. This law became effective August 1, 1997. It has been determined by legal analysts that this ban does apply to bars and liquor establishments. As a result, please be aware that the City of Arden Hills will begin enforcement of this provision of state law in 1999. The City Council is also required to adopt a new ordinance related to the retail sale of cigarettes. This ordinance will be reviewed by the City Council at its April 26, 1999 meeting, and you are welcome to attend this meeting to leam more about the proposed ordinance. I have enclosed a copy of the proposed ordinance for your review. e Should you have any questions on this law, or Arden Hills' enforcement of the law, please feel free to contact me. Sincerely, Brian Fritsinger City Administrator CC/Kevin Ringwald, Assistant to the City Administrator Nancy Randall, Associate Planner City Council e , e MAILING LIST Arden Hills Texaco 1306 West County Road E Arden Hills, MN 55112 Big Ten Supper Club (D.V.M. Inc.) 4703 North Highway 10 Arden Hills, MN 55112 Blue Fox Inn 3833 North Lexington Avenue Arden Hills, MN 55112 Flaherty's Arden Bowl 1273 West County Road E Arden Hills, MN 55112 e Pot 0' Gold Bingo Atten: Goldie Siedow 3776 Connelly Arden Hills, MN 55112 Servico, d/b/a Holiday Inn 1201 West County Road E Arden Hills, MN 55112 Star Liquor 3537 Lexington Avenue North Arden Hills, MN 55112 Super 8 1125 Red Fox Road Arden Hills, MN 55112 TotalMart 3673 Lexington Avenue North Arden Hills, MN 55112 e M:IUSERSISHEILAICOUNCILIORDINANClTOBACCO,WPD , I CITY OF ARDEN IDLLS COUNTY OF RAMSEY STATE OF MINNESOTA e On the 26th day of April, 1999, the City Council of the City of Arden Hills adopted Ordinance No.31 0 which is entitled "AN ORDINANCE RELATING TO THE SALE, POSSESSION, AND USE OF TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES IN THE CITY OF ARDEN IDLLS". The City Council, by an affirmative vote of at least four Councilmembers, directed that a summary of Ordinance be published in the City's official newspaper, and that a printed copy of Ordinance No. 310 be posted on the City's bulletin board, and otherwise be made available for inspection at City Hall, located at 4364 West Round Lake Road, during regular business hours. Ordinance No. 310 contains regulations relating to the sale, possession and use of tobacco products and tobacco related devices, defmes conduct which would be in violation of the City's regulations. It requires compliance checks on a regular basis and includes provisions for admiuistrative fmes and/or license suspension. Effective Date. Ordinance No. 310 shall become effective the day following its publication, or the publication of this ordinance summary in the City's official newspaper. Adoption Date. Passed by the City Council of the City of Arden Hills this day of2(f' day of e April, 1999. Dennis Probst, Mayor ATTEST: Brian Fritsinger, City Administrator Publication Date. Published on the of .1999. e ~ ~ e e e CITY OF ARDEN IDLLS MEMORANDUM DATE: April 21, 1999 TO: Mayor and City Council Brian Fritsinger, City Administrato@ 1999 Committees and Committee Structure FROM: SUBJECT: Back2round The City Council met on April 5, 1999, to discuss the 1999 committee structure. At that meeting, the City Council directed staff to summarize the final committee structure being recommended by the City Council. This summary was received by the City Council at its April 19, 1999 Worksession. ~ Pro Dosed Committees The City Council reached consensus on the following committees: 1. Plannin2 Commission The purpose of this Commission is to advise the Council on all city land use planning matters. Duties include the development and maintenance of the Arden Hills Comprehensive Plan, carrying out procedures dictated by Minnesota Statutes, Section 462.351 - 462.365 and City Code, review and investigation of various planning matters as directed by the City Council, and making recommendations to the City Council. 2. Communications Committee The Communications Committee will be primarily responsible for the reporting, writing, and editing of the monthly newsletter publication. This committee will be expanded to review and recommend action on other areas of city communication including a look into the areas of cable TV and the City logo. 3. Parks & Recreation Committee The Parks and Recreation Committee will work to provide a comprehensive, well-maintained system of parks, trails, facilities and open spaces. In addition they will work to provide a balanced and organized program of affordable recreational activities. 4. ODerations and Finance Committee The City Operations Committee will provide recommendations on a variety of subjects, such as public works, public safety and finance that affect the City. Areas of involvement may range from reviewing requests for signs; parking ordinances, community policing, long term police and fire protection services, assessment policy, rubbish hauling, water sourcing, etc... r .. Memorandum - 1999 Committees/Committee Structure Page Two April 21, 1999 e In addition, the City will continue to utilize its Economic Development Authority for development activities within the community. The EDA will not be expanded or changed at the current time. In terms of the Human Rights appointment of Sushila Shah, the Council was supportive of her continuing in this scaled down role, but had no interest in appointing a new committee or task force. Councilmember Rem will discuss some of the relevant issues with Ms. Shah and report back to the City Council. What Task Forces did the City Council Create? The City Council agreed to create four task forces in 1999. Those task forces are: . Water Ouality Task Force - This task force would address the long-term improvements necessary to improve the water quality within the City of Arden Hills and potentially with neighboring communities. . Web Site Task Force - This task force will work on the development and maintenance of a city web page. . Public WorkslParks Maintenance Facility Task Force - This task force will work on the various aspects of planning for the proposed public works/maintenance facility. . . City Events Task Force - This task force will work on several community events including: Day in the Park, Town Hall Meeting, 50-Year anniversary and volunteer recognition. The City will create the Public WorkslParks Maintenance Facility Task Force now and will wait until later this year to create the remaining three. Liaisons to the Committees and Task Forces . Planninl! Paul Malone Nancy Randall & Kevin Ringwald . Parks & Recreation Lois Rem Tom MoorelFuture Program Supervisor . Communications Gregg Larson Brian Fritsinger/Sheila Stowell . . e e e Memorandum - 1999 Committees/Committee Structure Page Thee April 21, 1999 . ODerations Beverly Aplikowski Terry Post/ Dwayne Stafford . Maintenance F acilitv Paul Malone Brian FritsingerlDwayne Stafford . Water Oualitv Gregg Larson Kevin RingwaldlNancy Randall . Events Beverly Aplikowski Brian FritsingerfTom Moore . Web Site Lois Rem Kevin RingwaldlNancy RandalllBrian Fritsinger Committee Structure Items During the discussion regarding the restructuring of the committees, the City Council clarified several items including Council Liaison role, term limits, staff role, role of committee, number of members, number of excused absences, service on multiple committees, and application process/forms. . Role of Council Liaison/Council The primary role of the Council Liaison is to represent/clarifY Council positions on issues, provide feedback to the committee based on the goals of the City Council, and report back to the full City Council any relevant issues of discussion. Council members should provide an overview on how the city operates. The City Council would provide, at an annual orientation session, an overview (Le., government background, operations, etc.); and its prioritized goals and specific charge to each City committee, and then the Council Liaisons would take on an advisory or observation status. . Memorandum - 1999 Committees/Committee Structure Page Four April 21, 1999 e . Term Limits Term limits will not be used for any of the committees or commissions. The Council did clarify that committee chairpersons will not be allowed to serve a term greater than two consecutive years. . Staff Role The primary role of staff is to provide background information to the committees, and to keep the committee focused on the goals as outlined by the City Council. Staff or the Council Liaison would take any recommendations of the committee and forWard them to the City Council. Staff would prepare all meeting agenda packets and mail them, based on the direction of the committee chairperson. Staff should provide any background information it has available to assist with the discussion of agenda items. Concerns discussed were the current erratic meeting minutes available to the Council on the activities of its committees. It was the consensus of Council that staff provide background information to the committees, who then create their own agenda, work program, and complete all work with a resulting formal recommendation or resolution for the City Council. Staff's role would be simply to a keep the committee focused on the goals outlined by Council, and ensure that a proper record .. of the actions of the committee were kept for Council information. . Role of Committee/Commission The City Council will appoint the Chairperson each year. Each committee should elect a Vice-Chairperson and Secretary. It is the responsibility of the chairperson to work with staff with each month to prepare the agenda for upcoming meetings. The committee would set its agendas based on the goals of the City Council. Preparation of committee minutes is primarily the responsibility of the committee members, but both city staff and the Council Liaison should be prepared to take minutes if no one on the committee is available to do so. The minutes can be concise, and need only include the actual action or recommendation of each issue being discussed. . Number of Members The Planning Commission will have 7 members. Other committees will have between 7 and 9 members. e . e e e Memorandum - 1999 Committees/Committee Structure Page Five April 21, 1999 . Number of Unexcused Absences The City will not establish any specific number of unexcused absences from committee/commission meetings. The City will, as part of the appointment process, communicate to members how important it is to attend all meetings. . Service on Multinle Committees The City will be supportive of individuals who serve on multiple committees as long as they are active and participating in the required activities of each committee. What Process Should be Followed to Transition to the New Committee Structure? The City Council agreed to follow the following schedule for transitioning to the new committees and task forces. . April 19, 1999 Council Worksession - final informal review of new committee structure. . April 26, 1999 Council Meeting - Adoption of formal resolution on new committee structure. . April Committee Meetings - Council will verbalize the proposed changes to the committees. . May 17, 1999 Council Worksession - An all committee meeting will be held to discuss changes, present overview of city and to solicit interest in the new committees and task forces. . May 24, 1999 Council Meeting - Appointment (or re-appointment) of individuals to all new committees and task force. The April committee meetings will be the final monthly meetings held by the current committees. The City Council will inform the committees that they have until June 1, 1999 to complete any outstanding projects they are working on. Those projects not completed will be passed onto the new committees as appropriate. The term of each existing committee Chairperson is not affected by the restructuring. The two year term will essentially begin on May 24,1999. Requested Action The City Council is asked to adopt Resolution #99-13, formalizing the 1999 Arden Hills Committee Structure," and direct staff to send a notice of meeting on May 17, 1999 to all current and prospective committee members. . . e CITY OF ARDEN illLLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 99-13 A RESOLUTION FORMALIZING THE 1999 ARDEN HILLS COMMITTEE STRUCTURE WHEREAS, the Arden Hills City Council has historically used the services of volunteers to assist the City with a variety of projects; and WHEREAS, these volunteers have primarily provided this assistance by serving on various city committees, commissions or task forces; and WHEREAS, the City Council has found the assistance provided by these committees, commissions, and task forces to be of great value to the City Council in its decision making process; and WHEREAS, the City Council has found the committees, commissions, and task forces to be an integral part of the communication efforts with the citizens of Arden Hills; and e , WHEREAS, the City Council has, for the past three years, investigated and considered the restructuring of the volunteer committees, commissions and task forces utilized to better assist the City Council with the various priorities of the city. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota that it has restructured its volunteer committees as identified on the attached list; and BE IT FURTHER RESOLVED that the City Council gives its thanks and appreciation to all current and past committee members for their hard work and dedication to the betterment of Arden Hills; and BE IT FURTHER RESOLVED that the City Council encourages all current and former committee members to continue their involvement and participation with one of the new committees. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN illLLS TillS 26th DAY OF APRIL, 1999. A TIEST: DENNIS PROBST, MAYOR e BRIAN FRITSINGER, CITY ADMINISTRATOR . , . CITY OF ARDEN HILLS 1999 COMMITTEES AND TASK FORCES e . Planning Commission . Communications Committee . Parks and Recreation Committee . Operations and Finance Committee . Water Quality Task Force . Web Site Task Force . Public WorkslParks Maintenance Facility Task Force . City Events Task Force e e 'II- -., e e e CITY OF ARDEN IDLLS MEMORANDUM DATE: April 15, 1999 TO: Brian Fritsinger, City Administrator Dwayne Stafford, Public Works Director ~ Residential Water Meter Replacement FROM: SUBJECT: Backeround The Public Works Department had identified the majority of the city's water meters as being older than their useful life prior to 1992, and in need of replacement. The City Council approved replacement of the commercial/industrial (CII) meters in 1997, and this work was accomplished in 1997 and early 1998 using Badger brand water meters with radio read technology, thus cutting reading time for one (1) person from a week to two (2) hours. When Council approved the CII meter replacement, staff indicated Council would be asked to approve the replacement of the residential meters following the successful completion of the CII meter replacement, and the satisfactory operation of the system that now has occurred. The City Council had, as part of the 1999 - 2003 Capital Improvement Program, identified the replacement of residential water meters in 1999 and 2000. At the April 19, 1999 Council Worksession, staff presented Council with information related to the replacement of residential water meters with radio read meters. Staff and Councilmembers discussed issues related to the meter replacement, including costs, time frame, benefits, pay back, and other options. Following the discussion, Council approved the Public Works Director's recommendation to proceed with the replacement of the City's residential water meters at a total cost of approximately $500,000. spread over a two (2) year period. Meter Ontions Council may recall that there are three (3) types of reading devices that attach to meters: L Remote Reader This is the reader in use today on 99% of the City's residential meters. Attached to the standard water meter is a pulse generator that sends an electrical pulse by wires to a remote located display unit. This unit is typically located on the side or rear of homes. These were the reading devices installed with the original meters, starting back in the early 1960's. Today's cost for each installed new meter and remote is approximately $150. I " , . Memorandum, Residential Water Meter Replacement Page Two April 20, 1999 e 2. Radio Read This unit is mounted directly on the meter, and powered by a battery which will last approximately ten (10) years. The meter reading person interrogates this meter with a hand-held interrogator. At the reader's command, the interrogator wakes up the radio read meter and receives data from the meter, stores it with other meter readings, then downloads the reading into the utility billing software at City Hall. Readings are typically taken from the meter reader's vehicle while on the street. The cost for each installed water meter with radio read capabilities is approximately $250. Public Works employees have installed approximately 15 of these units at residences where access has been a persistent problem. (i. e., fences, dogs, etc.) 3. Phone Read This meter is connected directly to a customer's phone line. The billing software automatically calls the meter at pre-programmed times and interrogates the meter. The installed cost of this technology is about equivalent to radio read costs ($250 per unit). However, more problems are resulting in phone read systems and some cities (i. e., Minneapolis and Mounds View) have already converted some phone reads to radio or manual read systems. e Renlacement Costs The City currently has approximately 2,350 residential meters and replacement costs are estimated at $250 per installed meter, using radio read meters. The Public Works Director recommends that a replacement contract include installation, due to the high number of units, plus the likelihood of most installations needing to be done after regular working hours or on weekends. If Badger Meter provides the best proposal for the meter replacement, the City could realize savings, as approximately ten percent (10%) of the City meters are new enough that only a radio read upgrade would be needed. In this scenario, a conservative estimate for the replacement/upgrade would be $570,000. Staff had included in the budget $250,000 for 1999 and $250,000 for the year 2000 for the replacement/upgrade. Any new construction installations would be funded by the meter permit fee, which is based on 120% of the City's actual costs as per code. tit .. e e e Memorandum, Residential Water Meter Replacement Page Three April 20, 1999 Cost Justification for Radio Read The installed cost to the City for radio read meters versus the remote read meters currently used by the City, would be approximately $100 more per meter, or $235,000. Staff would point out some of the anticipated benefits of the radio read technology: I. Currently, it costs the City an average of 240 man hours at $25.82 per hour (including overhead and benefits), or $6,200 per quarter to read the residential water meters. Staff estimates this time would be reduced to 16 man hours at $25.82 per hour, or $415 per quarter, resulting in a savings of $5,800 per quarter. This would also provide an estimated 224 man-hours per quarter for Public Works employees to perform higher-skilled jobs that the City needs to accomplish, and is not currently able to perform due to time and man power constraints. 2. Currently, during each quarterly reading process, approximately forty (40) meters (1.5%) are identified for accuracy problems. These could consist of misreads (obvious readings registering too high or too low); no readings or meters stopped; damage to remote reader, etc. In each case, a return visit is required and, in many cases, appointments need to be made to access the actual meter and verify the accuracy of the remote reader. This often results in another 40 man-hours per quarter for this effort. 3. The radio read system interrogates the meter directly, and does not go through a remote mounted system. Thus, if the meter is operating, accuracy is not an issue. 4. The City performs an average of twelve (12) final reads per month. (Finals are required when property ownership is transferred on or close to the closing date). At the time of a final read, an appointment is also needed to enter the residence and read the actual meter, as often the meter and the remote reader are not in sync. If this is the case, the meter itself, the remote reader or both may need replacement. Installation With the older meters typically on the south end oftown, the City would replace those meters first. With approximately fifty percent (50%) of the City residences on each side of the Minneapolis/St. Paul Sault Saint Marie Railroad, this would be the natural dividing line. J 1 '. . Memorandum, Residential Water Meter Replacement Page Four April 20, 1999 e Recommendation The City of Arden Hills' Public Works Director recommends that the City Council authorize staff to seek Requests for Proposal to furnish and install new radio read water meters, to the City's specifications, to that portion of the City south of the Minneapolis/St. Paul Sault Saint Marie Railroad consisting of approximately 1,300 homes. Staff recommends that this installation begin in the 1999 - 2000 year. Staff would also recommend, as an alternate to the proposal, to furnish and install the same equipment for the residential homes on the north side of the Minneapolis/St. Paul Sault Saint Marie Railroad, which would consist of approximately 1,100 homes. Bids would be on a per unit basis. Included with the initial (southern) replacement, the City should provide radio read meters to the Pemtom Townhouse Association for installation by their plumbers. (The Pemtom Association plans on residing all the townhouses this year, and prefers not to drill holes in the new siding to mount old style remote readers on a temporary basis. They also plan on replacing defective valves on both sides of their current water meters, necessitating the removal of the existing meter.) In all cases, it would be the recommendation of staff that meters less than ten (10) years of age a would not be replaced, and would be upgraded to radio read technology. .. e ~ , . . . CITY OF ARDEN fiLLS MEMORANDUM DATE: April 26, 1999 TO: Mayor and City Council 't... ~ FROM: Kevin Ringwald, Assistant to the City Administrator~ SUBJECT: Community Development Department Activities April of 1999 The following summarizes the activities of the Community Development Department for April of 1999. Planninl! Commission - Mav of 1999 Case #99-03 Josephine East LLC, 3183 Lexington Avenue, Preliminary Plat and Variance. The applicants wish to subdivide the property into four single family lots. The proposed Shoreline Lane will be temporarily cul-de-sacced on this property. The City will collect an escrow for its future extension (ie., when the Bachmann property develops to the north). The Staff has been working diligently with the applicant in an attempt to resolve a number of outstanding issues related to the case. As the City Council will remember, the portion of City street to the south of this property is not located on a public right-of-way. Therefore, the timing of the final plat will be linked to the resolution of that issue. Case #99-04 City of Arden Hills, Creation of a Neighborhood Business zoning district, Discussion Only. The Planning Commission will commence discussions on the creation of a neighborhood business district. The district will take several meetings to frame out before formal consideration is undertaken (ie., June or July of 1999). Any particular thoughts about the types of uses, examples of good neighborhood centers, or other thoughts would be appreciated. Case #99-07 Cardiac Pacemakers Inc., 4100 Hamline Avenue, PUD Amendment (Master Plan) and Site Plan. The applicant wishes to add an approximately 50,000 square foot research and development facility to their campus. The building and the associated parking lot (east ofFemwood Avenue) are currently not part of the Master Plan for this campus. Protective InsDections 1. Building Permits (April of 1999). The City issued five commercial/industrial permits in March. The first, Permit (#6387) was an alteration ($25,000) at 1900 County Road I. The second, Permit (#6391) was for an interior office buildout ($117,650) at 1987 Gateway Boulevard. The third, Permit (#6393) was for an interior office remodel ($74,000) at 4105 Lexington Avenue. The fourth, Permit (#6412) was for an interior office remodel ($121,000) at 4201 North Lexington Avenue. Lastly the fifth, Permit (#6415) was for a dining hall addition ($260,000) at 3900 Bethel Drive. In April, the City issued seventeen residential remodeling permits, which ranged in value from $2,220.00 to $45,706.00, had a total value of$206,920.83 and had an average value of$12,171.81. Also in April, the City issued one pewit for a new single family home ($302,032.00) at 3280 Katie Court. 2. Sign Permits (April of 1999). The City issued two sign permits, 99-05 (temporary) to Natales Caffe at 3673 Lexington Avenue and 99-06 (temporary) to the Super 8 Motel at 1125 Red Fox Road. Economic Development 1. Gateway Business District. The Staffwith the assistance of Benoit Auction Services conducted an auction of the rolling stock, machinery, and equipment that were purchased for the Indykiewicz's (Brighton Excavating). The auction was on April 16, 1999. The estimates gross receipts from the auction are approximately $77,000. Additionally, the relocation of the black dirt is well under way on the site. The Staff sent the Minnesota Commercial Railway a letter expressing our desire to continue to work together on the potential sale of the railroad right-of-way. The Staff received a reply from John Gohmann its president (Exhibit A). 2. North Metro I35W Corridor Coalition. As was previously mentioned to the City Council the Coalition has received a sizable grant for GIS software and data (to the tune of approximately $125,000). The Coalition (GIS Task Force) continues to move fOlWard on GIS mapping and applications. The Coalition is moving towards a Phase II analysis of Transportation in the Corridor that will hopefully bring some clarity to the issues so that discussions with the counties and the state can be more effective. Code Enforcement 1. Cars & Boats. The Staffhas been following up on approximately 15 - 20 complaints related to cars and boats in single family areas. The Staffhas been sending out letters to these property owners giving them generally, one to two weeks to correct the violations, if any violations exist. Additionally, after the violation has been corrected a thank you note has been sent out. In one example, the violation was not corrected and a ticket was sent out. , J . . . ... ..' .. ~,q~ A RECEIVED APR 2 2 1999 (In OF ARDEN lUllS 14047 Petronella Drive, Suite 20 I. '\ .~ .~ ~APri 1 21, 1999 ~Mr.Kevin Ringwald, 1Executive Director, . . Economic Development Authority, . City of Arden Hills, 4364 West Round Lake Road, ~Arden Hills, MN 55112-5794 ~Dear Kevin: ' . , Your updated plans for your Gateway Business Park are interesting and I am glad to see you are proceeding. Yes, we are now the point of contact for the property back o there. Uwe sincrely understand your desire to rid the rai 1 trackage from this development. We are never ones to say Wnevei"and ~our sorry that you have not rezoned this land to accomodate ~attra~tive businesses that may use ~ai~, but, we understand Othat IS your prereogative. I would InvIte you to go take look at the new Murphy Warehouse going up between ~Medtronics and Onan in nearby Fridley to see how office (l)parks, attractive commercial bui Idings and railroads can all exist together in harmony with improving the entire area. It should be finished this fall sometime. LibertyviIlc. Dl60048 John W. Golunann. Chaimlan. President 8~7-549-0486. fax 847-549-0485 . several factors come into play regarding this rail property. First, it has had active use up until spring of 1998 and our customer says they may use it again to transload salt this fall. Second, a six acre industrial sight has just, been put on the market just west of Mengelkoch (the former Darling and Company,plant) and we have a couple of interested rail users. The current trackage is a potential use for holding empty cars for at least one of these customers. Thirdly, a State Railroad Museum has leased some of the space on this track and until they get their own museum trackage in shape, they have no place to hold their equipment. Any relocation would not only have to find another place for this equipment, but, also, have to pay for moving it. Fourthly is the old but everpresent issue of thelnterstate Highway Bridge and who would be responsible for its removal if we abandoned the track. Removal is extremely expensive - half a million to a million dollars. I have learned that Canadian Pacific and the State of Minnesota have a legal dispute going over who . should be paying for the removal of a similar bridge, over .1-94, near Snelling in St. Paul. Last year, for example, our company had a net profit of only $160,000 - a'lawsuit . -~'L Efficient, competitive and caring tail service and industrial development as lbe Twin Cities "neutnl" switching carrier and by Commercial T~oad of Minnesota. our Subsidiary 1/z., ~ ~ 1./~ 1 "(. \ . :io-: .. and potential liability like this would bankrupt us and jeopardize rail service to some 150 customers in the metro area. f . There is always the possibility of asking you to provide a "functional replacement" elsewhere on our property for this track and then selling you the land, covering the cost of relocation of the museum equipment, and, agreeing to cover the cost of the bridge removal (or getting a waiver of liability for us from MNDOT if we were to abandon this trackage from all bridge removal costs - which I doubt they would provide at this juncture because issues like this remain unresolved in the State as I understand it). Agreements providing for such bridges are silent as to who would pay the cost of such removal - that was the way they were written when the Interstate Highways were built thirough most Cities. . As you can see, these are difficult issues. I would also suggest, from seeing your proposed building locations for the next phase, that actually, the railroad track is really "Not in the way" of any of them and would not really materially jeopardize your development as you have it planned. .Given that, we might suggest a right of way "beutification" project where pine trees or shrubs may be planted along side the right of way to largely conceal it. We have also seen attractive fences built to do so, or, iimply a burm built on each side of the railroad right of way with f111 taken from excavation on the project sight (reducing construction costs) that effectively hides the rail trackage from eye level sight - sometimes complimented by shrubs or trees. I certainly would be glad to visit with you about all these matters - they are complicated and I hope I have given you some ideas on how to proceed. . Best regards to you, John W. Gohmann cc: Wayne Hall,Pat McCardle, Dave Sina, '.,.c,' . e e e CITY OF ARDEN IllLLS MEMORANDUM DATE: April 21, 1999 TO: Brian Fritsinger, City Administrator Terrance Post, City Accountan@ Finance Department, April, 1999 Activity Report FROM: SUBJECT: 1. Year-end Audit Examination Finance staff assisted the external auditors with field work for the examination of the 1998 annual audit. The only remaining significant open item was later resolved when Ramsey County confirmed a $55,861 credit due the City in conjunction with 1998 Police Protection Services. The auditors will be presenting the audit results at one of the May Council meetings. 2. First Ouarter 1999 Utility Billing Utility bills for the quarter ended March 31, 1999 were mailed to utility customers on April 14, 1999. Current charges for this billing were $511,387.60. Rate changes for water, sanitary sewer and surface water management were incorporated into the billing calculations. 3. 1999 Budget Document Work proceeds with narrative composition and formatting. Target for delivery to the printer (Accurate Press) is April 28, 1999. 4. Vincent Anderson Case The City Attorney is attempting to document and reconcile Social Security Administration (SSA) definitions of disability to ordinance reference to "total disability." With the issue unresolved, Mr. Anderson's first quarter utility billing did not reflect any status or rate changes. s. Next Month Projects a) Distribute 1999 Budget document and 1998 audit report as appropriate. b) Complete TIF reporting documents to Office of the State Auditor. c) Assist the EDA Executive Director in financial analysis of options related to the Morris (Naegele) property. d) Assist the Public Works Director in planning for water meter replacement for the Pemtom Townhouses this summer. e) Assist the City Administrator in launching the 2000 budget planning process. f) Attend the National GFOA Conference in Nashville, TN, the week of May 24th. e e At CITY OF ARDEN IDLLS MEMORANDUM DATE: April 20, 1999 TO: Brian Fritsinger, City Administrator ~ FROM: Dwayne Stafford, Public Works Director SUBJECT: Monthly Department Report Public Safety Commission The Public Safety Commission held its last meeting on April 16, 1999. Items discussed were a letter from the Facilities Director ofDeltec concerning parking in front of their facility. Employees from East Side Beverage park so close to Deltec's driveways that vision is obscured when leaving their facility, creating a safety hazard. The Public Works Director wrote East Side Beverage and asked that they leave a fifteen foot (15') open area on each side of the Deltec driveways. The Commission also recommended installation of"30 M.P.H." speed limit signs on West Round Lake Road. The Commission reviewed the proposed residential water meter replacement/upgrade with the Public Works Director, and unanimously supported the Director's recommendation for the upgrade/replacement. Four of the five Commission members in attendance had experienced meter problems and had their meters replaced. West Round Lake Road. Phase I Forest Lake Contracting has about % of the black dirt moved out of the proposed road right-of-way, and has removed some of the trees in the way. The Indykiewicz equipment has all been sold at action and is supposed to be moved off- site by Wednesday, April 20, 1999. The auction went well with revenues exceeding most estimates. Public Works DeDartment 1bree Public Works employees took vacations this month, and two employees spent over a week preparing the Indykiewicz equipment for the auction. The crew was able to get all equipment up and running, and lined up for the auction. Memorandum, Monthly Department Report _ " Page Two .. April 20, 1999 Other Public Works activities in April included: . Sweeping all City streets . First Quarter water meter readings . Meter repairs . Litter pick-up . Hauled 100 yards of black dirt to City maintenance facility for future use @ $2.50 per yard. . Set up generators on Saturday, April 10, 1999, during a power outage. Eight (8) lift stations were without power for several hours. Public Works Director The Public Works Director attended a one-day class on time management, and will be attending Water Distribution School on April21, 22 and 23. This is a required class to keep Public Water Supply licenses current. Other activities this month included: . Auction (Indykiewicz) arrangements . Parks employee perfonnance reviews . League of Minnesota Cities seminar . Updated charge accounts at Beisswengers and Fratalone's Hardware Stores . Updated City Hall security system and key file . Ordered street striping for 1999 . Updated hazardous waste licenses . Residential meter report . Emergency Operations Plan - The City has received notice that the new back up generator, ordered from Caterpillar last October, is expected any day. a