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Home My WebLink AboutCCP 04-24-2000 . . . FILE CITY OF ARDEN HILLS 4364 WEST ROUND LAKE ROAD ARDEN HILLS, MN 55112-5794 AGENDA CITY COUNCIL MEETING, CITY HALL MONDAY, APRIL 24, 2000, 6:30 P.M. THE REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) HAS BEEN CANCELED. -:- City Philosophy To provide a basic and necessary scope of quality services through the innovative and purposeful use ofresources. 7:30 P.M. 1. Call to Order 7:30 P.M. 2. Approval of Meeting Agenda 7:30 P.M. 3. Approval of Minutes a April! 0, 2000 Regular Council Meeting 7:30 P.M. 4. Consent Calendar Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar fannat. There will be no separate discussion of these items, unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. a. Claims and Payroll b. Joint Powers Agreement, Cities of Arden Hills and Roseville 7:35 P.M. 5. Public Comments This is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda. In addressiog the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Couocil. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written docuinents may be distributed to the Council prior to the meeting. or as bench copies, to allow a more timely presentation. PHONE: (6511633.5676 · FAX (6511633-7839 ;!.-:... -J' j . ., J" AGENDA - PAGE TWO . CITY COUNCIL MEETING, CITY HALL MONDAY, APRIL 24, 2000, 6:30 P.M. 7:40 P.M. 8:40 P.M. 8:50 P.M. 9:00 P.M. 6. Unfinished and New Business a. Ordinance #318, Amending Charitable Gambling Clause, Sec. 4-43, Trade Area Restriction b. Res. #00-17, St. Katherine Ukrainian Orthodox Church Charitable Gambling Bingo Hall, Premises Permit Application, Continuation from April I 0,2000 Regular Council Meeting c. Planning Cases I. Case #00-16, SUP, Antenna on Red Fox Water Tower a. Lease Agreement with Aerial Communications 2. Case #00-17a, PUD Amendment, Welsh, 1987 and 1887 Gateway Blvd. 3. Case #00-18, SUP Amendment, Moundsview High School, 1900 Valentine Lake Road A. Water Line Extension Request 4. Case 00-19, Front Yard Setback Variance, Jeff LaNassa, 3153 Shoreline Lane . 7. Administrator Comments 8. Council Comments and Committee Activity Reports 9. Adjourn The above times may vary depending upon length of issue discussion, . " 04121/00 \ . . . FRI 14,12 FAX 612 347 7077 FREDRIKSON & Bl~ON -D- ~ 1+"'-V\O~ y f:;;J'if'DO Co~1 I(!] 002 fI"e FREDRlKSON & BYRON, P.A. Attorneys and Advisors Minneapolis London Wllr;;hington, DC "ffiN",,: Mtocioo City Warsaw Monlmll Toronto VanCOUV'li:1" 1100 Inti;rr'lational Ct;ntrc 900 Second Avc.nut: South Mion<apolis, MN 55402-3397 (61J) 347-7000 FAJC(612) 347.7077 www.rredlaw.com DifllCt Dial No. (612) 347-7038 jkoneck@frtdlaw.eom Apri121, 2000 VIA .FACSIMILE and US MAIL (651-633-7839) Mr. Terry Post City of Arden Hills 4364 Round Lake Road Arden Hills, Minnesota 5S 112 RE: Chesapeake Companies NLP Group ("Chesapeake")/Morris Communication Corporation ("Morris") Dear Mr. Post: I represent Chesapeake Companies NLP Group ("Chesapeake"). A few weeks ago you and I talked about Chesapeake's potential purlOhase of property located in the northeast quadrant of the intersection of3SW and 694 in Arden Hills. You have also discussed Chesapeake's interest in this property several times with Pete Carlson. As you know, the property that Chesapeake is hoping to purchase is lOurrently owned by Morris Communication Corporation ("Morris"). Morris maintains two outdoor advertising signs on the property. In our negotiations with Morris, Moms has made clear that, as part of any sale to Chesapeake, Morris must be allowed to maintain its signs on the property. As Pete Carlson has told you, in our negotiations, we have addressed this issue by allowing Morris to retain ownership of a small parcel of real estate under and iIIiInediately around each of the signs and an access easement over the adjacent property that Moms would sell to us so that Morris would continue to have access to its signs- In order to put the deal together with Morris, Pete Carlson has told you that we need some input from the City on this issue. Chesapeake will invest substantial time and expense in moving fOJ:Ward with the development of the property. Chesapeake is willing to do that, but would like some assurance from the City about whether the City would allow Moms to sell substantially all of the property to Chesapeake, but to retain ownership of the two small parcels upon which its signs are located, together with an access easement to those signs, , 04/21/00 FRI 14: 12 FAX 612 347 7077 FREDRIKSON & Bi~ON -D- 141003 \, . . . FREDRlKSON & BYRON, P.A. Mr. TenfmfnJ,u.;"" April 21 2000 Page 2 1" )"1 We would appreciate it very much if you would discuss this matter with the Council and send me a letter letting let us know whether, assuming all other development issues are worked out satisfactorily to the City, the City would allow subdivision of the Morris property as we have described in this letter. I look forward to hearing from you. Vel')' truly yo\~ () ~ . AJ.6r\ 7jm~. Koneck JMK:sjm Enclosure cc: Peter Carlson (w/o enclosure) ::ODMAIPCDOCSIFBDOCSl \23749%\1 _~/21/00 FRI 14:11 FAX 612 347 7077 FREDRIKSON & BYRON -D- ~001 ..FREDRIKSON & BYRON, P.A. III Attorneys andAdvisors DATE: April 21, 2000 Minncopolis London Wa.hingtDn, DC i1ffi/i4w; Me.ico City Wuuw Monlml1 Toronto Vmcou.... 1100 wemaliOllJll ~ 900 Second. A....."" South MinncIlpolis, MN 55402-3397 (612) 347-7lJOC) FAX (6U) :147-7077 FAX CENTEIl.(6U) 347-7135 www.fl.edlN.mm To: Terry Post Compo.ny: City of Arden Hills FlDC #: 651.633-7839 Recipient's Voice #: From: John Koneck. Esq. Direct Dilll #: (612)347-7038 !j. Totlll Number of Pages (Including This Page): 3 COMMENTS: . Ff-'R ZH~.ZT\ *If you do not receive all pages or are experiencing otber problems in transmission, please call (612) 347.7135. Thank you. * CONFIDENTIALITY NOTICE: The document(s) accompanying this f(DC contain confidential information which i.. legally privileged. The information is intended only for the use of the intended recipient, If you are not the intended recipient, you are hereby notified that any disclosure, copying distribution or the taking of any action in reliance on the contents of the telecopied information except its direct delivery to the intended recipient named above is strictly prohibited. If you have received this f= in erro,. please notify us immediately by telephone to arrange/or retl'm of the o,ieinal document to us. Empl:..........................1272 elM:...........",...,........, 38482,0014 Eq. No. Entered;... Name: ......................... 8JM Ext.:.............................4049 I 13 Verified: .................. sjm Ret. to: ,........,...........,Deb Kleist/Sandy . . k~<-t.. ~ Y/d-.l{/oo ~I .... .'~ Sprint pes David A. Swims Property Specialist North Central Region 9701 West Higgins Road, Suite 320 Rosemont, Illinois 60018 Telephone 847-384-3216 Fax 847-384-3250 April 24, 2000 Ri::.n . . ~,~,~ \~> .-,) Arden Hills City Council C/o Joseph Lynch City of Arden Hills 4364 West Round Lake Road Arden Hills, MN 55112-5794 /~ /, "'. Gll/ .,,,, S i'.',!1 L ,1,_ Dear Council Members: I am writing in regards to our lease agreement wifb fbe City of Arden Hills at fbe water tower located at 1230 Red Fox Road. Sprint PCS entered into a lease agreement wifb fbe City of Arden Hills, and has received a Special Use Pennit granting rights to construct and operate a personal communication services facility on . this water tower. We have received our buildingpennit and have begun construction offbe site. It has been brought to our attention that Aerial Communications will be locating their antennas wifbin fbe area on fbe water tower between 60 and 100 feet which is the area leased by Sprint PCS. We have reviewed and approved Aerials final construction drawings for this site. Sprint PCS is in agreement with Aerial Communications placement of their antennas only as depicted on the attached final drawings bearing our approval signatures. Should you need any further information please feel free to contact Steve Carlson at 651-690- 3705 or myselfwifb any questions or concems. Sincerely, /Z -::;:;/ <-C? IJ!.~lk#"i2, CYkn,-=------- David A. Swims Property Specialist North Central Region . 04/21/00 FRI 11:27 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills ~001 *** ********************* *u TX REPORT ********************* 2157 6124219511 04/21 11: 26 00'48 2 OK 04/21/00 FRI 11:20 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION In ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills 141001 $*$$$$$$$$$$$*****$$$ *** TX REPORT *** ********************* 2156 6339550 04/21 11: 19 00'40 2 OK 04/21/00 FRI 11:19 FAX 6126337839 TRANSMI SS ION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, SENT RESULT . . City of Arden Hills ~001 ********************* *** TX REPORT *** ********************* 2155 6333846 04/2111:17 01'17 2 OK 04/21/00 FRIll: 17 FAX 6126337839 TRANSMI SS ION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, SENT RESULT . . City of Arden Hills 141001 ********************* *** TX REPORT *** ********************* 2154 6286833 04/21 11: 16 00' 41 2 OK 04/21/00 FRIll: 16 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, SENT RESULT . . City of Arden Hills I4i 001 ********************* *** TX REPORT *** ********************* 2153 6461220 KMWB WB23 MPLS M 04/21 11: 15 00'48 3 OK 04/21/00 FRI 11:14 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECT I ON ID ST. TIME USAGE T PGS, SENT RESULT . . City of Arden Hills IIlJ 001 ********************* ... TX REPORT ... ********************* 2152 6123701378 BRW, INC. 04/21 11:14 00'49 3 OK 04/21/00 FRI 12:14 FAX 6126337839 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION In ST, TIME USAGE T PGS. SENT RESULT . . City of Arden Hills 141001 ********************* *** TX REPORT *** ********************* 2160 4821262 04121 12: 13 00'52 2 OK 04/21/00 FRI 12:12 FAX 6126337839 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills ~001 *** ********************* *** TX REPORT ********************* 2158 4810551 04121 12: 11 00'48 3 OK 04/21/00 FRI 12:13 FAX 6126337839 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. SENT RESULT . . CIty of Arden Hills 141001 ********************* *** TX REPORT *** ********************* 2159 2279371 04/21 12:12 00'40 2 OK , I' e e e DRAFt CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING APRIL 10,2000 7:30 p.M. _ ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORnERII!OLL CALL pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Dennis Probst, councilmembers Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem. Absent: None. Also present were City Administrator, Joe Lynch; Public Works Director, Dwayne Stafford; City Accountant, Terrance Post; City Engineer, Greg Brown, BRW; and Recording Secretary, Mary Mullen. MOTlON: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to adopt me agenda for the April 1 0 ,2000, regular City Council meeting, as submitted. The motion carried unanimously (5-0). ADOPT AGENDA APPROVAL OF MINUTES A. March 13, 2000 Regular Council Meeting. eo-"" L=On reqn""," "'" 'ollowi... ,....g,,, On pog' 6, "'" p~ogrnph, ,. lio', ""', ;fuU , ""ion \, m..... 'ollowing "ho""""". On"" 12, 3,.1 """""'" '"'''''' "<boy Ii" in that neighborhood" with "it benefits Lake Johanna". Co"""lm~"" R= ""l"""" ." following _. On "g", 3,.1""""" from "'" bottom, "'" oUh' 20d lin', '"'''''' "hui'ding" wi'" ",,",,io". On pog' 13, 2nd p- from the bottom, 2nd line, replace "Wednesday" with "Thursday". B. March 20, 2000 Council Worksession. eo"",,"""""" L_ req~,"" "'" followi... .......~. On p'g' 3, <up "mgroph, 4'" _. do'''"''' . . . ;fuU "'" prim '0 "" P"'P""'" TeMP ,,,,", "'" · pm;""" m "'" from H",,'in< nrnl oo""","on'" "', TeMP rood guing _." On"" 3, ,'" -..... ,.line, '"'''''' "pursue" with "review" . C. March 27 , 2000 Closed Executive Session Summary. There were no changes requested. ARDEN HILLS CITY COUN"CIL _ APRIL 10, 2000 D. March 27, 2000 Regular Council Meeting. DRAFT 2 Councilmember Larson requested the fOllowing changes: On page 7, 3rd paragraph, last sentence, replace "interested in Participating in the group" with "regarding future meetings of the group". On page 7, 7th paragraph, last sentence, replace "as the City's elected officials are not supportive" with "Whether elected officials in Arden Hills would support a provision of that sort." On page 7, 2nd paragraph from the bottom, 1st line, replace "might become distorted" with "may have changed". tit MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve the meeting minutes, as amended. Thc motion carried unanimously (5-0). CONSENT CALENDAR A. Claims and Payroll B. Probationary Appointment, Jeffi1ifer Chaput, Planner Position MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documcnts contained therein. The motion carried unanimously (5-0). PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. e CoJJin Eid, 4526 Pleasant Drive, stated he and his neighbors are concerned with the level of traffic noise at the southwest Comer of the intersection of Lexington A venue and Highway 96, near their homes. He added that in working with local, regional and state planners on the possibility of installing a benn as a noise barrier in that location, it came to his attention that a City monument sign was proposed for that location, with a budget of $25,000, He asked whether the Council had any plans for a benn sound barrier and City sign at that location. Mayor Probst stated a bUdget of$30,000 had originally been set aside for such a project; however, the current Council has not taken the issue up and it is not included in the current budgct. Mr. Post stated there had been some discussion, with regard to a gateway sign, that a more appropriate location might be thc entrance of a new City hall facility. Mayor Probst noted that the possibility of a berm had been discussed, although not as a noise barrier but to increase the elevation of the sign. M<. Eid ,"tod ", ooi" ,,,,oj, '"",g ,"'" ho",,, <1lli, in""-ioo = ho=Odo". May", ... Pmb" ."ed " "'" hi, 'Odo""""1og ili" ili, pmjtt' woold b, re~,w", whrn ,""""",ti" of .. '. e e e ARDEN HILLS CITY COUNCIL - APRIL 10,2000 DRAFT 3 the final segment of Highway 96 was completed. He added he believed this would be in 2002. Mr. Stafford stated that 2003 was more realistic. Mayor Probst reiterated that he is not aware that any noise abatement efforts are planned for that location. Mr. Stafford confirmed that some landscaping will be completed but will not be designed to be a sound barrier. Councilmember Larson stated that during discussions with regard to placement of a sign at that intersection or the City hall facility, it seemed the logical corner would be the northwest corner. He added this would be more visible to traffic entering the City from Shoreview. Mayor Probst stated that the Highway 96 reconstruction is a County project, and he encouraged Mr. Eid and his neighbors to make their feelings known to County representatives. Councilmember Rem stated that the noise issue is not unique to that intersection, but was also brought up by neighbors at the Highway 10/Highway 96 intersection, who discussed the possibility of noise barriers at that location. UNFINISHED AND NEW BUSINESS A. Resolution # 00-17, St. Katherine Ukrainian Orthodox Church, Charitable Gambling Bingo Hall, Premises Permit Application Mr. Post explained that the applicant, St. Katherine Ukrainian Orthodox Church, wishes to conduct bingo operations at the Pot 0' Gold facility. The Church formally initiated the application process by providing the City with a lease agreement with the Bingo Hall, a completed Minnesota Lawful Gambling Premises Permit application, and payment of a $100 investigation fee. Staff had earlier met with Mr. Frank Belgea, advisor to St. Katherine's, to familiarize him with ordinance requirements, including a discussion about trade area spending requirements and expectations. Staff has concerns about how the organization plans to satisfy the ordinance trade area spending requirement. In light of the fact that St. Katherine Ukrainian Orthodox Church is a local/trade area based organization, limiting trade area spending to just this organization does not appear to meet the spirit of the City Code of Ordinances. Mr. Post stated the City Attorney had been consulted, and advised that the Council might review the existing ordinance to determine whether the wording is appropriate, and discuss possible revisions. He added that the City Attorney advised the Council might table the matter for review at a future meeting. Mr. Post noted that Mr. Belgea was present at the meeting to answer any questions the Council might have. Mayor Probst stated he has some difficulty with the applicant investing the majority of the accumulated funds back into their own organization, adding that was not the intent of the ordinance, although the ordinance as written did not foresee this type of operation. He noted the expectation has always been that the funds would be invested back into the community at large, ARDEN HILLS CITY COUNCIL - APRIL 10, 2000 DRAFT 4 to benefactors such as the School District, City's Parks & Recreation Department, and Northwest Youth & Family Services. e Mr. Frank Belgea, an employee of Pot O'Gold Bingo Hall and representative of the applicant, statcd he was around when the ordinance was passed, adding the original discussion was concerned with organizations located outside the local trade area who took their accumulated funds out of the area. He added, in his opinion, supporting the church is a benefit to the community through the programs offered which are beneficial to City residents and the trade area. .> Mr. Belgea expressed concern that his organization is restricted by the ordinance because they are raising their own funds. He added, in his opinion, this is not consistent. He noted, however, that the church intends to comply with City ordinance. Councilmember Aplikowski stated that a church licensed for charitable gambling can contribute to their own general fund according to State Statute. She stated this is a unique situation. She requested clarification with regard to the ways in which the church's programs will benefit the community at large. Mr. Belgea stated that any social or religious organization benefits the area in which it is located, as residents do not have to be members to attend programs. He added that he is unable to mention specific programs due to lack of funding which has kept the church from offering any programs. e Councilmember Larson stated the ordinance as written seems broad, and requested, for purposes of comparison, a review of gambling licensees in current operation within the City, and how the accumulated funds are spent. Mr. Post stated various organizations at the bingo hall, including the Light Brigade, St. Mary's Orthodox Church, Earthstar Project, and the 621 Foundation, comply with the ordinance through donations to a varicty or organizations, including educational and athletic programs within the School District. Hc noted that there is not an example of an applicant that was a facility-based organization within the trade area, such as the applicant. Mr. Post stated that the 10% net profit contribution to the City of Arden Hills is an ordinance requirement. This contribution to the Community Services Fund counts toward fulfilling the 50% trade area-spending obligation. Councilmember Grant requested clarification with regard to the local trade area boundaries. Mr. Post stated the local trade area encompasses the City of Arden Hills and contiguous cities, including Roseville, New Brighton, Mounds View and Shoreview. Councilmember Rem stated that, as there is no precedent dictating how this situation should be handled, she is concerned that the ordinance is not specific. She added that she would not wish _ to change the ordinance to make it more explicit for this particular case. .. . . . ARDEN HILLS CITY COUNCIL - APRIL 10,2000 DRAFT 5 Mayor Probst stated that he is personally opposed to gambling and would not support it. He added, from his perspective, that it is palatable only because a portion is being returned to the community. He expressed concern that the church does not have a history of funding or specific programs which it intends to fund, adding he is not prepared to support a recommendation to approve the request. He urged the Council to lay the issue over until the intent of the ordinance could be clarified. Councilmember Grant stated he finds it difficult to move forward without clarification of the ordinance with regard to 50% expenditure of net profits on lawful purposes. He added this definition seems ambiguous. Councilmember Aplikowski stated this is a lawful purpose and not ambiguous, adding it is an unusual case. Councilmember Larson stated he would wish to table the issue until the Council could consider the intent of the ordinance. He noted the Council would set a precedent, adding he is not prepared to support the applicant's request. Councilmember Aplikowski asked how the City monitors expenditure of funds by such groups within the trade area. Mr. Post stated the organizations provide the City with spending reports throughout a 24-month time period, which are reviewed. He added if they have not been diligent about compliance, their renewal request will carry a staff denial recommendation. Councilmember Aplikowski stated that while she does not have a problem with bingo, she would not support rewriting an ordinance to block a request. She added she would wish that the Council could review the issue at its upcoming W orksession. Councilmember Rem stated that since the permit is for a 24-month period, the permit or license is not given indefinitely. She added the applicant fits state code and City ordinance requirements. Mayor Probst stated he does not object to the applicant, adding he does not believe the ordinance was intended for such a purpose. He added he does not view the discussion in terms of clarification of an ordinance, but rather a difference of opinion over what the ordinance is saying. Mr. Belgea stated the ordinance has been revised over the past 12 years. He added the Council could approve the request and then revise the ordinance and ensure the applicant's compliance with the changes. He noted that other organizations within the trade area might decide they want to fund programs from gambling, and the City would then require them to give half the funds away. Councilmember Larson reiterated that he would still oppose taking action until a discussion could be had with regard to the ordinance. He questioned whether the Council would wish to use its discretionary power to allow gambling to occur for a narrower purpose than what has been allowed in the past. He stated he would not wish to approve the request and then change the ordinance. DRAFT 6 ARDEN HILLS CITY COUNCIL - APRIL 10, 2000 .' Councilmember Larson stated an informal policy could be instituted which would clarifY that a . minimum of 50% of funds from gambling must be spent in the broader community, but it might not be necessary to spell this out in the ordinance. Councilmember Grant stated he would not wish to rewrite the ordinance from the bench. He added that the Council should clarify its position, invite the applicant back and move forward with the request. Councilmember Aplikowski stated that tabling the issue would indicate that the Council had not considered the issue previously, which would be unfair to the applicant. She added the applicant falls within the limitations of state code. Mr. Post asked whether a portion of the funds have been budgeted for expenditure within the church. Mr. Belgea stated the church expected to be instructed to spend money on other organizations, but that the permit would be granted. Mayor Probst stated that he would feel more comfortable if the applicant could demonstrate that funds would be spent on specific services or programs within the broader community. He added that it appears that 90% of the funds could be spent in an unspecified manner for unclear purposes within the church itself, an approach with which he is not comfortable. e Councilmember Aplikowski stated the church is allowed by law to give money to itself, and a program or group within the church could benefit. She added it would be helpful to see a project attached to the request. Mr. Belgea stated that the church's Assistant Treasurer was present, and might be able to specify where the money would be spent. Mr. Larson stated it would be necessary for the Council to have a discussion with regard to policy intent, after which time more specifics could be reviewed. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to table Resolution #00-17, pending further review of the City's gambling policy and provisions of the City Ordinance, as well as the opportunity to provide further review for the applicant regarding profits from gambling concessions. Voting on the motion: Probst, Grant and Larson voted aye. Aplikowski and Rem voted nay. The motion carried (3-2). Mr. Lynch stated the request would be reviewed at the April 24, 2000 regular Council meeting. Mayor Probst requested the issue be discussed at the Council's upcoming Worksession. B. Approval of Unbudgeted Operating Transfers for 1999 e e e e ARDEN HILLS CITY COUNCIL - APRIL 10,2000 [';-~~l T) IT?, r T ' ), :;'1;, .1,A ir . ~""'""It! .u 7 Mr. Post stated that several operating transfers not included in the adopted 1999 budget required Council approval. Mr. Post reviewed the transfers as follows: General Fund (101) I. An additional $206,250 operating transfer to Municipal Land and Building Fund No. 408, resulting from an estimated 1999 General Fund operating surplus of revenues exceeding expenditures. 2. $251,000 operating transfer to Permanent Improvement Revolving (PIR) Fund No. 501. This transfer is represented by (a) $151,000 originally budgeted as the 1999 Pavement Management Program (PMP) allocation (The West Round Lake Road Phase 11 project was postponed); and (b) $100,000 from an estimated 1999 General Fund operating surplus of revenues exceeding expenditures. Community Services Fund (225) I. An additional $9,697 operating transfer to the Program Fund No. 226 to fund the 1999 operating deficit (total transfer to the Program Fund is $50,000). 2. A $30,000 operating transfer to the Fire Equipment Sinking Fund No. 412. This action is in keeping with prior Council policy direction of utilizing 60% of charitable gambling revenues for parks and recreation needs and 40% of the revenue stream for public safety capital needs. MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to approve unbudgeted operating transfers for 1999, as outlined in Mr. Post's April 4, 2000 memorandum. The motion carried unanimously (5-0). C. West Round Lake Road Phase 1, Authorization to Execute an Agreement to Convey Easement Mr. Post stated that when the City of Arden Hills undertook the West Round Lake Road Phase I improvement in 1999, the project required two property acquisitions: the Indykiewicz parcels and approximately 2,400 square feet of property owned by the Nott Company. The Indykiewicz acquisition agreement was completed in March 1999. However, the Nott parcel easement was never finalized. The Nott Company gave the City permission to construct the new roadway with the understanding that the permanent easement agreement was a remaining open item. The Nott Company contacted the City in December 1999 in regards to finalizing the easement agreement. The Nott Company and City Staff have agreed on a purchase price of$2.75 per square foot or a total of $6,600.00 for obtaining the easement. . ARDEN HILLS CITY COUNCIL - APRIL 10, 2000 DRAFT 8 Staff recommends that the City Council authorize the Mayor and City Administrator to execute . an "Agreement to Convey Easement" with the Nott Company and the City Treasurer to issue a check to the Nott Company in the amount of $6,600 in consideration for said easement for the purpose of the West Round Lake Road Phase I reconstruction improvement. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded authorization of execution of an agreement with the Nott Company to convey easement, and to issue a check in the amount of $6,600 to the Nott Company for the purpose of the West Round Lake Road Phase I reconstruction improvement. . The motion carried unanimously (5-0). D. Pay Request #1, Sanitary Sewer Rehab Project, Lametti & Sons, Inc. Mr. Brown stated that the City awarded Lametti and Sons, Inc. of Hugo, MN the 1999 Sanitary Sewer Rehabilitation Project for a total contract amount of $251 ,265. The contractor has completed the sewer main cleaning, trenchless pipe lining and manhole sealing. Only minor manhole rehabilitation, site restoration and sewer televising are left to be completed by the contractor. . Sag pipe repair of a segment of sewer main was also part of Lametti' s contract and is scheduled to begin in the 2nd week of May. Mr. Brown recommended approval of Pay Estimate #1 in the amount of$120,478.05 to Lametti .- and Sons, Inc. A retainage of 5% is being held for the project. · Mr. Stafford stated that approximately 60 feet of the 1/2 mile of the relined pipe was near collapse. He added that the integrity of the new line might be compromised, but the area will be closely monitored. Councilmember Aplikowski asked how much pipe was put in. Mr. Brown stated approximately 2300 feet of pipe lining was installed within thc existing pipe. He added the lining system should provide significant reduction in ground water infiltration. Councilmember Rem asked how long the pipe should last. Mr. Brown stated the pipe should last in excess of fifty years. MOTION: Councilmember Larson moved and Councilmember Grant seconded authorization of payment of Pay Estimate #1 in the amount of$120,478.05 to Lametti and Sons, Inc, for the 1999 Sanitary Sewer Rehabilitation Project. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS A. Cleveland Avenue Bridge Cost Increase . , . . . ARDEN HILLS CITY COUNCIL - APRIL 10,2000 DRAFT 9 Mr. Lynch stated that public cost estimates for the repair ofthe Cleveland Avenue bridge have increased. He added that the funding source for the repairs is still available and more than covers the increase for the City's cost share. Mr. Lynch stated that Ramsey County is seeking confirmation from the City to pay the cost increase. Staff recommends that the Council reaffirm the City's cost participation in this project and willingness to pay the increase due to higher bids. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded re-affirmation of the City's commitment to cost participation in the Cleveland Avenue Bridge Repairs project. The motion carried unanimously (5-0). B. City Administrator Six-Month Probationary Review Preparation, May 10, 2000 Mr. Lynch stated that his 6-month review should be held in May, and asked whether the Council had any requests of him in preparation for the review. Mayor Probst stated that, in the past, the mayor and one Councilmember conducted the Administrator's review, and a form was used. He suggested the Council might want to consider whether the process should be continued, and if so, identify a Councilmember to participate in the review with him. He stressed the Council's prerogative to change the process if they should deem it necessary. Councilmember Aplikowski stated she is the only Councilmember on the current Council who has been through the process as it stands, adding it is a numbering system with four categories. She noted it is a good and fair process. Mayor Probst stated that ifthe Councilmembers were comfortable with the process, some thought should be given to whom would participate in the review with him. He added this could be discussed at the upcoming Worksession. He requested that the review form, previously kept by former Councilmember Paul Malone, be obtained for review at the Worksession. COUNCIL COMMENTS Councilmember Grant stated the Ingerson Task Force met on Tuesday, March 18 with the Rice Creek Watershed District to discuss their position on ponding, water treatment, impervious surfaces, and various guidelines, as well as to address the issue of rain gardens. Councilmember Grant complimented City staff on obtaining a I-ton truck at a savings of $1 ,400, which is a substantial upgrade from the 3/4-ton truck authorized by the Council. He offered congratulations to those involved in the acquisition. Mayor Probst stated, with regard to the Ingerson neighborhood group, that he was approached recently by a resident of the area who did not live on Ingerson. He added this resident indicated that there are residents in the neighborhood who want the street improvements but have not been ARDEN HILLS CITY COUNCIL - APRIL 10, 2000 DRAfT 10 vocal about this for fear that actions might be taken against them. He asked Councilmembers Grant and Larson to pass this commentary along to the task force. e Councilmember Larson reviewed the Plarming Commission's April 5 meeting, at which four items were discussed. A proposal from Aerial Communications for a Special Use Permit to add antennas to the water tower on Red Fox Road was recommended for approval. He added that the Commission discussed a more coordinated approach to this site as many requests of this sort are being received. Councilmember Larson stated a Planned Unit Development Amendment on Gateway Road was presented and approved after considerable discussion with regard to the aesthetics of the area and the possibility of administrative approval of such requests. Councilmember Larson stated a Special Use Permit amendment for proposed modifications to Mounds View High School was recommended for approval. He added that the two issues of concern to the Commission were exterior lighting and insufficient parking. He noted that approval was recommended with the condition that no parking spaces would be lost. Councilmember Larson stated a frontyard setback variance on Shoreline Lane was recommended for approval. Councilmember Larson asked whether a sewer gas problem at the new pumping station at the north end of Lake Joharma was resolved. Mr. Stafford stated a complaint was received by the e Sherriffs office from a visitor at a home in the area. He added the complaint was investigated very thoroughly by his staff, and no problems were found. He noted an insurance report was completed for documentation purposes. Councilmember Aplikowski reviewed a memo outlining recent activities of the Events Committee, and presented three items for Council approval. MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded approval of the following City Events Task Force-related items: I. New business cards for Ray McGraw printed with "City Events Task Force". 2. Elevation ofLoAnn Crepeau to Co-Chair. 3. Re-instatement of George Winnecki. The motion carried unanimously (5-0). Councilmember Aplikowski noted the next meeting of the City Events Task Force would be held April 19. Councilmember Rem presented a copy of a quarterly review published by the government which contained an update on the TCAAP property. She added the publication was available for any interested Councilmembers. . , \ e e e ARDEN HILLS CITY COUNCIL - APRIL 10,2000 DRAFT 11 Councilmember Rem stated the web site task force is looking for residents interested in participating. She noted that Craig Wilson has been asked to chair the task force, and he has expressed his willingness. She added she would have a list of interested residents for the Council's next meeting. Councilmember Rem stated she plans to attend the cable channel volunteer appreciation dinner to be held Thursday April 13 . Councilmember Rem stated she had recently been contacted by the Associate Dean for Diversity and Community Development at Bethel College with regard to participating in periodic meetings. She added she hopes the City can work with the College on some common issues and concerns. Councilmember Rem presented pamphlets produced by the City of Golden Valley with regard to community programs such as street projects and special assessments. She added the City might wish to consider making such general information public in this way, possibly on the web site. Mayor Probst asked for clarification with regard to the City's official e-mail address. Mr. Lynch stated mail is being received from other communities under the old address. Mayor Probst commended City staff for placing 3rd in a State safety contest for their work on the Lexan window for the snow plow. He requested that Mr. Stafford pass the congratulations on to his staff. Mayor Probst stated the Council should discuss the Lake Johanna Volunteer Fire Department capital budget for the next five years. Mayor Probst stated he received a memo reviewing current State and County projects, in which the 1-694 resurfacing was not mentioned, He asked whether Mr. Stafford could clarify the status of the Highway 96 reconstruction. Mr. Stafford stated that the Highway 1-694 overlay was dropped from this year's program, as well as signals at the Hamline Avenue/County Road F intersection. He added he expects that Highway 96 will realistically be completed in 2003. Mayor Probst stated he had recently seen some accumulation of debris at the bottom of Lake Johanna, and asked Mr. Stafford whether the condition of the lake's grit chambers could be assessed. He added that the Water Quality Task Force might want to consider this issue. Mr. Stafford agreed to check on the grit chambers. Councilmember Larson asked when the Highway 10IHighway 96 overpass will be on the Council's agenda for discussion. Mr. Lynch stated that Mr. Brown is working on design documents for review at the upcoming Worksession, incorporating changes discussed at the neighborhood meeting. Councilmember Aplikowski thanked City staff for their hard work and efforts with regard to the recent Town Hall meeting. 0'. lO._ t.''k,F-T . "L''l.. ,. 12 ARDEN HILLS CITY COUNCIL - APRIL 10,2000 ADJOURN MOTION: Councilmember Rem moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 9:31 p.m. The motion carried unanimously (5-0). Dennis Probst Mayor Joe Lynch City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, April 24, 2000 at 7:30 p.m. at the Arden Hills Council chambers. . I e e . I , , . e e e CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 04/24/00 COUNCIL MEETING CLAIMS PAID SINCE LAST COUNCIL MEETING (04110/00) PAGE 1 OF] iMkit? ,tkiliAi:t? 17500 17501 17502 17503 17504 17505 17506 17507 17508 17509 04/06/00 0411 0/00 04/10/00 04/10/00 04/11100 04/11100 04/12/00 04/12/00 04/12/00 04113/00 Ci of New Bri ton Affmit Plus Federal Credit Union leMA Retirement Trust - 457 Public Em 10 ees Retirement Association Lametti & Sons, Inc. Nott Com an Lametti & Sons Inc. :M:N De t of Revenue Lake Coun Service Coo rative DCA, Inc.-FSA De artment 1,220.32 4241.69 1 698.62 3 111.67 120,478,05 6600.00 606,37 123.00 4,612.56 340.00 Subtotal - Paid Claims 143,032.28 Paid Claims From Above - 143,032.28 Add Unpaid Claims, Page 3 of 3 - 105 052.44 Total Accounts Payable Claims for Council Approval, 04/24/00- 248,084.72 Note: Checks fOT unpaid claims totaling $161,341.54 were mailed on April 11, 2000 after approval at the April 10. 2000 Council Meeting. They were check numbers 17437 - 17499. This sequence corresponds to unpaid temporary numbers TI - T63. Check numbers 17435 - 17436 were used for alignment. Re istration/Plate fee/Sales Tax-2000 Chev First A ril Pa oil First A rit Pa 011 FirstA ilPa all Pa # 1-1999 San Sewer Rehab Pro. eet WRLR Phase I-Land Ae uisition D osit Refund-Water H drant Rental Sales Tax-March 2000 Ma Insurance/COBRA Da care Reimbursement 3/31100 ,,,"dylK<<>ll.," ""yablol<loim,1 CITY OF ARDEN HILLS ACCOUNTS PAY ABLE CLAIMS REPORT TO BE APPROVED AT 04/24/00 COUNCIL MEETING PAGE 2 OF 3 UNPAID CLAIMS REGISTER: 'i'A~q6tl&t:Y'I~ @MMl!Ntif ..................... tfiiMl!~ i'tK'iMtlH .".".............. '" :.." ',: .. '.:: ,::~;:::::n:::::::::n:~:::;::~:: ..............................w...... ....... .......... TOI 04/25/00 Abdo Abdo Eick & Mevers 5,000,00 Audit Services Throu.m 3/31100 T02 04/25/00 Accurate Press, Inc. 636,34 LetterheadlEnveloneslBusiness Cards T03 04/25/00 Ancorn Communications Inc. 640.09 # III Radio T04 04/25/00 Arden Hills Texaco & Tire ]50.09 Swe~r#20]-Rech~ T05 04/25/00 AT&T 21,02 638-0998 Lono Distance T06 04/25/00 Beisswenger's How-To Store 404,69 TillerlEdper T07 04/25/00 Berres, Sandra 14,95 Mile;;e Reimbursement T08 04/25/00 Biffs Inc. 123,87 Portable Toilets T09 04/25/00 Blosberg, Andrea 18,00 Refund-Ceramics Class TIO 04/25/00 Brunn, LuAnn 240,00 p;;;fjJ Cleanin--;-c;t;; Hall TI] 04/25/00 BRW Inc. 12826,1 ] March Enllineerim! Fees Tl2 04/25/00 Certified Laboratories I 806.29 Oil/Graffiti Remover/Rust PrevlDeereaser Tl3 04/25/00 Comorate Express 718.49 Office Sunnlies/Co;;; Paner Tl4 04/25/00 DCA Inc. 100,00 FSA Admin Fees-March TI5 04/25/00 Docuvoice Communications Com. ]67,62 Voice Mail Service 4/11-4/30 TI6 04/25/00 Dufault, Diane 28,00 Refund-Basketball Tl7 04/25/00 Electric Pumn_ Inc. 1751.67 Rebuild Lift #] 2 - Pumn Tl8 04/25/00 Frattallone's Hardware Inc. 68A5 Marchi A;:;nl Purchases Tl9 04/25/00 Glenwood lmzlewood 40,08 Snrino Water - CH T20 04/25/00 Gonher Snon 35.42 Youth Eallin-Plate/Soccer Net T21 04/25/00 Gcmher State One-Call Inc. 78,15 March Service T22 04/25/00 Hanzalik Sharon 307,50 Anril Newsletter T23 04/25/00 Hvdro Suoolv COIDOaTIV 29,595,88 Meter ]nstall & Uoorades T24 04/25/00 I.U,OE Local 49 175.00 Ann) Pavmll Deductions T25 04/25/00 Kath Auto Parts 262,83 A~ril Purchases T26 04/25/00 Knox Lumber Company 48.35 20 ~ Cement-Catch Basin T27 04/25/00 Labor Relations Associates Inc. 334.75 Consultant Fees 3/27 T28 04/25/00 Lillie Suburban NewsDaners 57,16 Le2al Notices T29 04/25/00 Met Council Environmental Services 35,436,00 Mav Sewer Char.e T30 04/25/00 Michael's 177.48 After School S;;;;;;Jies 1'3] 04/25/00 Microwarehouse 67,57 16MB Picture Card 1'32 04/25/00 Midwest Asohalt Comoration 137,75 Road Renair Material T33 04/25/00 Miracle Recreation Eouinment Co. 92.96 Arden Manor Park.:E;:;uin T34 04/25/00 Moore Thomas 228.31 Mile;;e/EYnense Reimbursement 1'35 04/25/00 Municilite Company 90.95 Strobe for Pick-uo #113 U Total- Unnaid Claims--- 91,883.02 II W'IdyI_"pll"'b1"tta;...1 . . . -, e . . PAGE30F3 CITY OF ARDEN HILLS ACCOUNTS PAY ABLE CLAIMS REPORT TO BE APPROVED AT 04/24/00 COUNCIL MEETING UNPAID CLAIMS REGISTER: iilti'iiIW' :lmilA1Mi T36 T37 T38 T39 T40 T41 T42 T43 T44 T45 T46 T47 T48 T49 T50 04/25100 04/25/00 04/25/00 04/25/00 04/25/00 04/25/00 04/25/00 04/25/00 04/25/00 04/25/00 04/25/00 04/25/00 04/25/00 04/25/00 04/25/00 Northern Water Works Su I Otto Landsca in Peterson, Frarn & BeT an PA Pos Terrance Rosen nist ConsbUction, Inc. Safe Kleen Co oration Ste in stone Theatre Stowell, Sheila SweeTIe Pamela Tar et Stores TCALMC Inc. TimeSaver Off-Site Secretarial United Rentals Waste Mana ernent-Blaine West Weld Subtotal, Page 3 of 3 - P e 2 of 3 Brou t Forward - Total Un aid Claims 250.12 4500,00 5,642,78 29.58 30,00 461.85 600.00 26.98 13.93 398.31 200,00 396.25 97,13 409,26 113.23 13,169.42 91 883,02 105052.44 21 Brass Ball Valves Install Pia E ui ment-Arden Manor Park March Le a1 Fees Mile e Reimbursement Refund-Dve t B#7052 Hazardous Waste Dis sal Actin Instruction Milea e Reimbursement Milea eJEx eose Reimbursement E Hunt Su lies Or anizational Membershi 2000 Record' Secret -PC 4/5 & CC 4/10 White Markin Paint Waste Dis osal Sho Su lies .andylo=<o.l>payablddoi.".1 s ::J~ ~~ >-0 ~~ ..J!::! it:S c. ,; <:;;: .... " en ; 11:_ -al ...- ~ ..J :r z w C II: < ... c ~ i3 .. .. II: ~ ~ 0 0 ~ ~ l!il " 0 0 ~ 0 ! <0 <0 .0 '"' /~ ~ ~ :J;ii:1: ~ ~ :'::,r. - ;::f.<f ~ w .... 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" ,g 1l ~ "' 0 B 0 z " ~ I ~ '" ~ ~ e II e e e CITY OF ARDEN HILLS MEMORANDUM DATE: April 21, 2000 TO: Joe Lynch, City Administrator Terrance Post, City Accountant @ Joint Powers Agreement Providing for Sharing of Services and Resources Between the City ofRoseville and the City of Arden Hills FROM: SUBJECT: Back2round The Arden Hills City Council discussed this item at the April I?, 2000 Council Worksession. Discussion Staff has subsequently reviewed the Agreement with City Attorney Filla. Attorney Filla reviewed the proposed Joint Powers Agreement (JP A) and offered review comments in an April 20, 2000 letter (enclosed). His comments were directed more toward interpretation rather than the legal form of the Agreement. Recommendation Staff recommends that the Arden Hills City Council approve a Joint Powers Shared Services and Resources Agreement with the City of RoseviIIe on the Consent Calendar of the April 24, 2000 regular City Council meeting, and authorize staff to execute documents contained herein. Apr-21-2000 09:42 From-PETERSON FRAM BERGMAN 6512281T5! T-482 P,002/002 F-712 W."rren E. Peterson Jerome P, Pilla D<iniel \Nil:\': rram Clenn A. Bergman John MlchCicl Miller Michael T. Oberle Steven H. Eh"tJn51' paul w. Fahning Esther E. McCinnis leffTl::Y J. CQhc['\ PETEDC0J\T FRAIVr: -1~~K1AN 1'?,';~.::~,'J-:'~\''2'~'~;' ;: .': '.~:. ::..,~;,=:"-{,':;~.IUl'~i.T:~ ~".97;.:~; Suite ,00 ~o E.::.st fifth Street Sr. Palll, MN 55]01-1191 (61) I) 291 ~89;:5 10511228.1753 ""'Imile Direct Dial #(651) 290-6907 April 20, 2000 Terry Post City Finance Director City of Arden Hills 4364 W. Round Lake Road Arden Hills MN 55112 VIA FACSIMILE NO. 633-7839 RE: Shared Service Agreement Arden Hills - Roseville Dear Terry: I have reviewed your Memo of April 13, 2000 and a draft of the proposed Joint Powers Agreement. I offer the following comments: 1. The Agreement appears to be in a proper legal form. e 2. Implementation of various shared services may require more documentation. If Roseville is to use a portion of the City's water tower, a lease would normally be prepared describing the specific rights and duties of the parties in relationship to thEl water tower site. 3. I assume that most suburban Ramsey County communities carry the same kind and level of insurance. If one city hires another city to provide services and if the services are prOvided in a negligent manner, the city providing service would normally not have as much insurance coverage available as would a private consultant. There are undoubtedly many circumstances where shared service agreements are economically beneficial to both parties. However, it is difficult to comment any further without knowing more specifics about the kinds of services that are intended to be shared by the communities. Very truly yours, LJ~~ c%~ ~};;;;7 Filla JPF:lk L,,/ cc: Joe Lynch - City Administrator (via fax) e "1\1.0..;0 ^DMITI'F.fl 11'1I w'!~ON51N e e e JOINT POWERS AGREEMENT PROVIDING FOR SHARING OF SERVICES AND RESOURCES BETWEEN THE CITY OF ROSEVILLE AND THE CITY OF ARDEN HILLS THIS AGREEMENT, entered into by and between the CITY OF ROSEVILLE, a Minnesota municipal corporation, and the CITY OF ARDEN HILLS, a Minnesota municipal corporation, is effective upon the execution of this Agreement by the named officers of both cities. RECITALS WHEREAS, both cities are interested in exploring opportunities for promoting the efficient delivery of public services to its residents through cooperative and collaborative ventures with each other in the areas of mutual assistance, program development, and technical services, and; WHEREAS, each city has personnel and equipment resources that are not otherwise readily available to the other City respectively, and; WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into Joint Powers Agreements for the joint exercise of powers and specifically provides that local governments may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised. NOW, THEREFORE, it is mutually stipulated and agreed to as follows: 85743 1 1. A. SERVICES. The Cities of Roseville and Arden Hills shall each be authorized to provide the other with qualified personnel and equipment as requested by either city or as required in identified initiatives for collaborative activities. Each City shall be solely responsible for compensating its own assigned Employee(s) or agents engaged in providing services under this Agreement, including any overtime wages incurred, as well as any insurance or employee benefits provided under the policies or agreements of the City of Roseville or the City of Arden Hills. In addition, each City shall be solely responsible for worker's compensation, reemployment insurance benefits, and other employee related laws, including OSHA, ERISA, RLSA, and FMLA of its own employees. Each City shall retain the authority to control its own employees, including the right to hire, fire and discipline them. B. The City Manager of Roseville and the City Administrator of Arden Hills, or their designees shall be responsible for developing and coordinating the collaborative initiatives authorized by this Agreement and shall report to the respective City Councils every six months on activities undertaken pursuant thereto. 2. PAYMENT. As part of the semi-annual report, the Manager and Administrator shall address the need for payment, if any, that may be necessary to ensure to the extent practicable that both Cities receive roughly equivalent financial benefits from the cooperative or collaborative ventures, and that neither City is economically disadvantaged in to any appreciable degree by any of the cooperative or collaborative activities. 3. INDEMNIFICATION. Each City agrees to assume sole liability for any negligent or intentional acts of the assigned Employee(s) while performing the assigned duties 85743 2 . . . e wiiliin the jurisdiction of either city. Each city agrees to indenmify, defend, and hold harmless the oilier from any claims, causes of action, damages, loss, cost or expenses including reasonable attorney's fees resulting from or related to the actions of each city, its officers, agents or employees in the execution ofthe duties outlined in this Agreement. 4. TERM. This Agreement shall have a term of two (2) years from the date it is last executed by one of the Cities. 5. TERMINATION, SEPARABILITY. A. This Agreement may be terminated by either party upon thirty (30) days' written notice provided to the respective City Manager of Roseville or City Administrator of Arden Hills. B. Upon termination, any and all records or property of the respective cities will be e returned to the appropriate city. C. This Agreement is governed by the laws of the State of Minnesota. D. In the event that any provision ofthis Agreement is held invalid, the other provisions remain in full force and effect. IN WITNESS WHEREOF, the Cities ofRoseville and Arden Hills have caused this Agreement to be duly executed effective on the day and year last entered below. Dated: CITY OF ROSEVILLE By: John Kysylyczyn Its Mayor By: Steven R. Sarkozy . Its City Manager 85743 3 CITY OF ARDEN HILLS . Dated: By: By: DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ:cjh 85743 Dennis Probst Its Mayor Joe Lynch Its City Administrator e e 4 ..... , '. . . . CITY OF ARDEN HILLS MEMORANDUM DATE: April 21, 2000 TO: Joe Lynch, City Administrator ~ Terrance Post, City Accountant ~ Ordinance No. 318 Relating to Charitable Gambling FROM: SUBJECT: Back!!:round At the April 17,2000 Council Worksession, the Arden Hills City Council discussed the language of Chapter 4, Article I, Division 5, section 4-43 of Arden Hills City Code. After discussion, staff was directed to prepare an ordinance relative to this Code section. Discussion Staff has prepared Ordinance No. 318, "An Ordinance Relating to Charitable Gambling," (enclosed). The proposed revised language of Section 4-43 more specifically defines compliance with the trade area-spending requirement. In addition, City Attorney Filla has suggested adding language specifying expenditures (generally real property or capital assets of the organization), which are not included in the definition ofIawful expenditures. City Attorney Filla will be present at the April 24, 2000 City Council meeting to answer any questions the Council may have on this issue. Recommendation Staff recommends that the City Council approve Ordinance No. 318, "Relating to Charitable Gambling," at the April 24, 2000 regular City Council meeting. CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE No. 318 AN ORDINANCE RELATING TO CHARITABLE GAMBLING THE CITY COUNCIL OF THE CITY OF ARDEN HILLS HEREBY ORDAINS THAT CHAPTER 4, ARTICLE 1, DIVISION 5, SECTION 4-43 OF THE ARDEN HILLS CITY CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Section 4-43. Trade Area Expenditure An organization permitted to conduct lawful gambling within the City shall expend at least fifty percent (50%) of the net profits that it derives from lawful gambling conducted within the City for lawful purposes within the trade area and/or to support the activities of a governmental entity within Ramsey County, Minnesota. In determining the trade area expenditure requirement, a permitted organization shall not include expenditures made to itself or expenditures made for the purpose of erecting, acquiring, improving, expanding, repairing, or maintaining real property or capital assets owned or leased by the organization, or for the reduction of any debt incurred by the organization for such purposes, Effective Date. This ordinance shall become effective the day following its publication in the City's official newspaper. Adoption Date. Passed by the City Council of the City of Arden Hills the 24th day of April, 2000. DENNIS PROBST, MAYOR ATTEST: JOSEPH P. LYNCH, CITY ADMINISTRATOR Publication Date: Published on the _ day of ,2000. , - , . . . . - Ap r-ZHDDD 11: 14 From-PETERSON FRAU BERGMAN 651ZZ81753 T-47Z P.DDZ/DD5 F-7Z8 Warren E. Peterson lerome P. 'Filla Daniel Witt Fram Glenn ^. B.ergman _hn Michael Miller ichael T. Oberle Steven H. I3r1.lnil~ PiOlul W fahnl~ Esther E. McCinnis 'effrt;y I. Coh.::n PE'rERS~l FRAM'..'13EReMAN ~:,~:~~'t.~r=~:~,. ~.::;.~~,:.;J~~~~;~'im(t~-"'74T.:&r-7r~9 Suite 300 50 Ea!:i~ Fifth Street St. P~l.ll. MN '5Slol.] 197 16"511 291-8955 l6'51) 228-17'53 facsimile Direct Dial #(651) 290-6907 April 21, 2000 Terry Post City Finance Direct(,r City of Arden Hills 4364 W. Round LaKe Road Arden Hills MN 55] 12 VIA FACSIMILE NO. 633-7839 AND U.S. MAIL Gambling Rq~ulations Dear Terry: e Enclosed is a draft of an Ordinance which would amend the City's trade area regulations to specifically indicate that expenditures made to the permitee and expenditures made for debt retirement are not I< Iwfu I purposes. The City is authorized to adopt trade area regulations and all of the City's regulations can be more restrictive than the regulations of the State of Minnesota (M.S. 349.213). The debt reduction prohibition in the Ordinance is modeled on language contained in M.S. 349.12, Subd. b wnich indicates that certain kinds of expenditures are not expenditures for lawful purposes. A,; it relates to building construction or debt retirement, the relevant part of the statute reads as follows: "Lawl'ul purpose" does not include expenditures made for "the erection, acquisition, improvement, expansion, or maintenance of rea I property or capital assets owned or leased by an organization, unless the board has first specifically authorized the e;<penditures after finding that: 1. The real property or capital assets will be used exclusively for one or more of the purposes described in the "lawful purpose" definition. 2. With respect to expenditures for repair or mai ntenance only, that the property is or will be used exclusively as a meeting e ....I..::iuADMITTGCJ IN WISCON:::IN Apr-2HOOO 11:14 From-PETERSON FRAM BERGMAN 651228175, April 21, 2000 Page 2 place or event location by other non-profit organizations or community or service groups and that no rental fee is charged for the use. 3. With respect to expenditures, including a mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a comparable building, a building owned by the organization and destroyed or made uninhabitable by fire or natural disaster, provided that the expenditure may be only for that part of the replacement cost not reimbursed by insurance. 4. With respect to expenditures, including a mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a comparable building, a building owned by the organization that was acquired from the organization by eminent domain or sold by the organization to a purchaser that the organization reasonably believed would otherwise have acquired the building by eminent domain, provided that the expenditure may be only for that part of the replacement cost that exceeds the compensation received by the organization for the building being replaced. 5. With respect to an expenditure to bring an existing building into compliance with the f - T-472 P,OO,/005 F-72! e e e -' Apr-21-2000 11: 14 e e e From-PETERSON FRAM BERGMAN 6512281753 T-472 P,004!005 F-728 April 21, 2000 Page 3 American With Disabilities Act under Item No. 2 above, an organization has the option to apply the amount of the board - approved expenditure to the erection or acquisition of a replacement building that is in compliance with the American With Disabilities Act. As you can see, the State is also concerned about expenditures of permitees to acquire or improve real estate. The proposed City Ordinance does not require the City Council to make the findings referred to in the above paragraph, but rather applies the prohibition broadly to all permitees regardless of the reason for the building acquisition or construction and regardless of the type or quality of building which is constructed. In this regard, the proposed City regulation is more restrictive than State law. It is my understanding that none of the City's current permitees are using gambling proceeds for the purposes described in this correspondence. If you have any questions, please contact me. JPF:lk ilia cc: Joseph Lyncn - City Administ . . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 00-17 RESOLUTION APPROVING ST. KATHERINE UKRAINIAN ORTHODOX CHURCH CHARITABLE GAMBLING BINGO HALL PREMISES PERMIT APPLICATION THEREFORE, BE IT RESOLVED, that the City of Arden Hills agrees to approve the Bingo Hall Premises Permit application for the St. Katherine Ukrainian Orthodox Church to conduct bingo and pull tab gambling at the Arden Hills Bingo Hall (Pot-O-Gold), 3776 Connelly Avenue, Arden Hills, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 24TH DAY OF APRIL, 2000 DENNIS PROBST, MAYOR ATTEST: JOSEPH P. LYNCH, CITY ADMINISTRATOR . MINUTES CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, APRIL 5, 2000 7:30 P.M. - ARDEN HILLS CITY HALL DRAFT 4 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. No one was absent. Also present were Councilmember Gregg Larson and Associate Plarmer Nancy Randall, and Recording Secretary Mary Mullen. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON MARCH 1,2000 . Commissioner Sand moved, seconded by Commissioner Rye to approve the March 1, 2000 minutes as presented. The motion carried unanimously (7-0). PLANNING CASE #00-16 - AERIAL COMMUNICATIONS -1230 RED FOX ROAD- SPECIAL USE PERMIT - PUBLIC HEARING Chair Erickson opened fue public hearing at 7:31 p.m. Ms. Randall explained that the applicant is requesting a Special Use Permit and Site Plan Review to allow for the placement of antennas on the side of the municipal water tower and an electronic equipment building to be located at 1230 Red Fox Road. The antennas require electronic equipment to be located on the ground. The applicant is proposing this to be at the southwest side of the water tower using a shared drive with Sprint PCS, which was approved in January 2000. The proposed building would be 8 x 12 feet and constructed out of a brick to match the existing two buildings on the site. The antennas are proposed to be installed at 90 feet in height. A group of four antennas will be at three different directions (north, southeast, and southwest). The original proposal was to run the connecting cables above ground. An ice bridge would be needed in order to protect the cables from ice damage. Nextel currently has a similar bridge on the site. The applicant has since changed their mind and wish to go below ground. They felt this might be more appealing in this location. . There is no requirement for the screening of antennas in the ordinance. However, Staff recommends the antennas and mounting brackets be painted to match the water tower. ARDEN HILLS PLANNING COMMISSION - APRIL 5, 2000 2 . The equipment is proposed to be in an 8 x 12 foot building. Staff recommends trees be added for screening the equipment building from the south property line. The proposed location of the e equipment building interferes with the Sprint approved access drive. Sprint has notified staff they are open to modifying their approved plan and lease by relocating the access drive. Sprint was required to plant six blue spruce trees, 6 to 8 feet tall, plantcd 12 feet apart at 45 degree angles, and relocate the three trees that would need to be moved for the access road and equipment. The proposed plan pushes the access drive along the property line. Sprint will not need the entire 20 foot drive, thus allowing for plantings along the south property line to replace the spruce trees. The applicant is proposing to add five trees on the site and a row of eight shrubs/trees for screening along the south property line. Staff has some concerns with the amount of trees planted on the site. Maintenance ofthe site requires about 90 inches between trees and other structures. Staff would recommend arborvitae be planted a minimum of 6 feet tall and run along the entire south property line, in place of the proposed five trees. The Sprint approval required that the three trees to be removed would be replanted on the site. Staff has received a concern from a neighboring business that currently has a 900mh-fire sprinkler system. The concern is that the antcnna might negatively affect the system. The applicant has stated the antennas should not affect the existing systems. e Ms. Randall advised that Staff recommends approval of Planning Case #00-16, Special Use Permit, with 10 conditions. If the Planning Commission makes a recommendation on this Planning Case, it would be heard at the Monday, April 24, 2000 regular meeting ofthe City Council. Ms, Randall noted that the City Council and Planning Commission may want to discuss how many additional antennas and equipment structures this site can hold. Chair Erickson closed the public hearing at 7:41 p.m. Chair Erickson asked whether there had been any discussion with regard to construction of a single structure to house all the equipment on site rather than multiple small buildings. He asked whether other antennas are mounted on the sides of the water tower. Ms. Randall stated most of the antennas are on the sides of the water tower. She added that a shared facility might not be possible as the applicant, as well as other companies on the site, would prefer to control their own space. Ms. Randall stated that the 2 leases the City currently holds on the site are long-term leases, the conditions for which have already been agreed upon. She added it might be a difficult process to change these leases. . Chair Erickson stated that the antennas do not seem to be a significant intrusion since they are required to be painted the same color as the water tower. Hc suggested the City might want to consider a master plan for the site, as well as constructing a single structure to house all the equipment. - ,_",rING COM.MISSION - pJ'Rl"L 5,2000 ~EN llI"L"LS I'"LN""'~ . ,. 'e b" si<le an<l screene<l .' . ~"t be S\wateu SW J t te<l in<livi<lua\ bU\\<l\ngs 1I11y' C01l1111issioner Baker sat be a single strUcture. ",....""" "' ..'" ..,,,,,, , ' h . '" ".~' · """"'" , , . ""~ ",,,,,,,",,,"'.''''' """" '" '", .,uld ."" "'" "" representatwe 0' f'. . f :\lIes lle auueu " ~USt' ':::::',d', .""""" fo< ...""",... ".':'::" ~,; "",",,,,,,, ,u',,",," ,00 h'" r . <ler a 1I1aster S\te p,.... ",,,,",,"'''' ,,,,,,,,, _ . """"" """" ..' """", ,,,,,, ""'" "" ",,,,,,, ,,,,,,,,,,,,, "', M, M' '" _ ""'" ..., "'" C,-'''''~ R,., ","" h' ",,,,,,_ fo< "" " ",3"~' ""'" ,- .. ,u ,on" ~ ,,_ ,,0, "" "",,,.. ,; "" ",,-, M', R""'" -' ,,,, . t"e stan<lar<l lease \eng~h f \s ." \ o<ls ,0>" ",,, _'" ,"'" ' ' t' on" · f"" f"" "",. ection cou\<l be SlWa e <l""th "" "",,,"~ ..""", _, " no' "" "",,,,,,", '" "" -, ' "'''''''''',_ R" '" ,,_ ."''' ".,,' , -"" roU , .. "_.ho,,,O" .. "" ,,,,,"'0' ..'" ,>\'\\ be a nrob\e1l1. ,,,so f snow storage" r <l <l ."""~.., ...,,,,,, ,f _ '" " "",. """"" Sh'" ' C_""on~ '::" "'~5'f"'" ",,, ,"''''''' ,..,,,,,,01 fo< ""::~ (hcit .oh"'" -",U ""'" ",~,,,, , "'" ""ty ""u\tO , f"" " ""'" "'" s."'" ,. no' ro.""" '" 't' rt ~rt<l askeG whether l'b the best SOlU \0.., oOU' 11 't , ""'" f,6l'''I """ 0 ' , n .."" no ,- ~, Corntuissioner Rye state<l tha 11 a s\~" or annroach for this site. M.s. Rant<~e woul<l be a 1I1ajor . , e<l an overa p oOU' .r r . < such a sttuC'-" S"","'" _'0" .",biP ... """"""''''' ,. , ,.,u Id "",' " " "" "", "'" ,od' "~ .. :,_ ,,,,,to fo< ,iff""" 1"'''''' ...~"""" ,f ""h' .",,-' , .. .,U .. ..' oU."" ' -" u<' "" ..' ro" iSSue, <l<l <l the City <loes not VIiS" _",,,,, S"'" ' " """" ."."",""""",' cities use the interior of the :vater tower ". -",U """, "'" m"'" · -.-- ",-"" '" . .. t for storage 0 P" S"" ,ad"" "" "'''I _ ' ,,,", ",,",' " ""ill \It" ,'" ,'" "" _ ,f __' .",," "":",,, i""'^''''''''' \It "",,,,,, en'" Eno<"'" "'....;"''''' .~"" ,\tit .""",,, "" "'''', "" :"'oh ",,,,, ""b '" -"" ,"'" ..,_"'" M', ",,", _ ",,_ .."",,,,,..."" h'- "'ot'"'''' "'" "" .""" ... tb"" .. , ",,,,",,,,,,t I""" "",UtI! ... ' A\' ff\cult. lle a<l<le<l the un<ler~oun reate an attractive area. o ' ... f"- ,.,,, ' .,.".... ",_, " ' wi ",,, "" """,,,,,,,, '" """" .. "" ,,,,,,,,'im'''''''''' -: ","'-' '^', "",,,. Chair EriC\(Son as\(e<l whet~A t'" b""""o ",,, ,,,,- 6<"" ,ct. ,.''''~'''' ..,,-' . ~. R "",,,,.., ",,," ',- "'" ..&''''' ~ 0 .' nuest\on. ,,,so aU!. l' wor\( closelY w\u. 'J , ' ._"".'Uo '. state<l h1S companJ t" ,,'ater tower. M.s. Ranua . . II be <lone on ."e " . "" .b,,"" "" ."""" '" ""'" """., "oa'" -" Commissioner Ne\Sor:1a1"'b "",b"" to "" ""to< "".. """. ..~> ". ,,- """" bit a"""""""'" '" ' · "",on~ "" ..,..... ..." ,ho' _ "",,,""-"'''''''- ",,,,,-".~' leSS conce,... . to attach the ante\1l\~ ,_"" .""td "", .,Id"" ' '^', "..... """, <b,.;ck will be use<l on the sttuctur . _" "e<l what type 0' .. Corntuissioner B_~r as" "", ,,",k "","' "," "" "'"", . "" -"""" "" S1""'" u'" 0'-'- D"''''''' """,""" ~ c~ ;:;:".;~g.",';. " on''''' "'" "', dot' '" . . ose other restt\ct\Ons. s. l'e~lt ?r \mP , _,. case of termination. act\on \s recoru<OU \n e . e . ARDEN HILLS PLA I\I>.~_ ~l'11VG COMMISSION _ AP1{jL 5, 2000 c''''mi''i""~ 'y, "',"'" '~"d, . of PlalIIIillg Case #00-16 Special U dp by COIlJnlISsioller Nelsoll to recoIlJrnelld ' Se eTIlJIt, COllditiolled 011' approVal 1 . . The iIIIte/11Jas alld all IlJoums h . "w~. , ,1/" '''"'''' fu "",,' ., ~I~ ['h AI"" , , w~~ rem agreeIlJellt shall be IlJaimailled with th . shall ~::~~~: ~~ ~~ shP ecific reqUireIlJems ~h~~ g;;~~:::lS ~hich details re"i" ' . ',1/ b, "'"'W'" "'d" C" .. YOm, ., 1"" S . ""' "'"'""",,, " w_"" ' ,,,, ""y ''''"''''.", PrIllt lease iIIId SheCI'al r, P . . th c" "use eTIlJIt be d "jj l":d Ity of ArdellHills to aCCOIlJrnodatel/lthO I Ile d a~d apprOVed by both SPrim and -, '''P'''g. """"'''f'h, "c'e " . ''', ~"" "'d o WeldIllg shall be dOlle 0 The driveway leadill <:. 11 the ~a~er tOWer tiIIIk. b'. g .lJUIlJ the eXIstl/lg rl-' ItUIlJIIlous to IlJatch the '. . "-lIVe to the equipl/lem bUild' h 1'h" . "",'s dn" "8' mdd h, qUIPl/lem bUildillg sh ld b . b,U di,,," '" "0","""", i, 'i"'i", ""oj.. t th '. Th 1 . 0" "'''"'g e iIIIdscapIllg include a row of arborv' Th, 'PPh"", reI""" h", "b '0, '""8 'h, "",, ~",h pmperry 1 ':;;~:::;::;;'I:;1 ;'" Pri"" 'h, ~~';;,,~;i:':,7~~~~"Xd " 'h, "" ifS'ri"'''~ Th I . e resPollsIble for SlloW re e. e iIIIte/11Ja WIll not imerfere With 900 hl1Jfioval alollg the proposed drive IlJ re shriIIkl . . "'1I . , ~ ''''''''' '" ., ar I e IlJotIOIl Ca...... d . ea. '"e uniIIIIl/lOUsly (7-0). This Plannill C . g aSe WIll be reVieWed at th 'K e 1VIOnday, April 24 2000 C' . PLANNnvG CAsE. 00 17 , "", C,,,,,,U "''''og 1887 GA "'" A Y'o,,' , %LS11 -'iYD lJoOD PLEXlIl ~ ],EY ABo, PLANNEO "lVIl nE""l;i;,!;tCIMGlJYG, 1987 _ EJYT AMElVDl1f,€lVT _ Ms. R.iIIIdall eXplained that the r D~'I'p",,,,, f,,! 987 "'d 'Pp ''''', h" 'We ''P'''""",O~" . ~'oj''''I,,,, "'" " 1887 G",W,y ',"I~"'d. Th, ["'Ii, , """d"" ., Pi"",Xd U"" G"OW',"I'd. g -" ""1"" "idi,~, ""d " "'''''d ' ,"I,w ., PI~"""" 'f /w, an eXIstIllg dOck dOor at 1887 The secOlld is to l/lOdI'fy th '. 1 . e eXIstIllg Pl"n_ d" . " "'Ii"g '"""",, dOck d . . . "., "'n D~'I,p",,",,, ,"1 pJW,nn" ""'IIi" Wi d ''''', 0"'xII"8 "dib'",I dOck dOore.' '1;' f,,_ 'Ppm,," f" "ripin, 'f Xdi1i "",I P"'~ "'" " "by / ''''''g,,,,, "" dOom rei,"':' '" g di, "" '" """'" " 'q""" fOo'"" f" ""h pm~;:;~~' COd i"'_i'g 'h, PO'<;''';::;;~I: :Ilacefjl/l" em or. ' , """ hWId,,,, The oWner has found it diffiCUlt t . bOiIdi'8 do, ~ ., /w,,~,". ,0;;'''' '''eo" Wh, n"<J ~odifi"Ii,", ~ , . 'I1'Wi", "xJ1 fu 'Ppm" """'1 'f .':::,~':::':::"" Tb,y w'~d Iik, ~::,::::::;,~;~~ 0, J '" ~"di ""'''n '''J 0".. , Uly 1.4, 1997, the City CoullCil a . PI"" P'<Ii"'i""" ~d En'1 1M >Pm""I""''''8 c", 97,06 Plm ^' bmld"g" P ''''d "", '~"'" f" ., " ' . _ 1'1", "'d Pi'xI IlstructIoll of three Office/indUstrial 4 2. . e 3. 4. 5. 6. 7. 8. 9. 10. . . wu:<G CO"",,ISSIO" . ,r,," 5. ,oO'l pJU2B~ 1\11.-1.-5 1'1.-1'- tan\<.s 011 s'lte. . u er a1lU so\\1Cllt storage \. ca1lt . . """""u'" ,,,"'" '" ,,, ~ ,,,,,,,,,, ,,,,,,. th' "'" ' th, "","''''''' ",on"'" r _ ,"""" "'" ~, ""od ."'" m r th' ""<",, ","" - . ,"0<" '" "",,,,,, f' '" "" .""",. . 1h un'" th' """"'" " "f ,', ",I ",ut ".",,,' . f ,""",,",,," 'UI" ". ' .' ""^",, " ","0'" " "';:;::" "oo,ot 'I'''' '" b,m d"'~~;',",'"'''''''''' "oM"" .-'" '01' ..n,,,1 .",." "', .'" "", C",.,' M"''' (M1' , ,', b'''''u' "" """. ",,, ",,,,, ,h' lA''''''' '. tn' ,."" ",,, .'" \0 ,"oO . " ",od f M 'b"n'"''~''' "" . , ,od '0 """, tn' ,,"'''''' q '" ~'" ",'" _ """" 10M"" '~~,' ,"",ct ,.,,~" " th, "'" "''''' r I." \0 ,,''''::, .,," ,n"""' "" ,ci''''''', ;,';~;' ,h' ",,,,M of "', "',- th, f"'ou, .,,, no' "7',;', '" "w' "'"" IW""" "''' ",,, ' n\aceu at eac\l corner 0 . . ' '''' ,,,,,,, f oM,n'. ,', "', ,on"''''''' . b' ,I>< ""od ",,,, "ow~M'" " ",,,,~ct. th' w,.,od . l\le app\'Ica1lt ~s tOPl01~~;a:~ o/a sta'lf'l'la'jfell':f u~~r 1bllUfr1'\::~~~ also appears that the uoor 111 I AI" "'" ,..on ". , .h' '" \0 ~, · " "., ~loW ",ci'''''''' 10" ""if ,b' ",",,' .' """"od. ''''' ,,,,,, 0 .., ill .'" I>< ",'''''''''' ' ,,,,,III" '" "W' ""~' w w'''''' \\ "",,,,, "", "''' ' w'''' """,, ,I "" ,,,,,, "M on" '" ';::' ';"" "",-"'" m" ,,' nO' 5"'" "" ",,,,, """ -,,,,,, ,I "" ,,,,,, """" ",.", . f ~'nt area ,,,,It\l t\le pOSS1 ,,,,,, '" .. ct U ,u ,I." ' ' "",", ,n" "" ,,, ~ ' Dci'D"""'1""W' ,"'w ",,, . . #00-\1 l'\aJ:I1leLl t r ""u elnst1lllb ,I of"-"" C"" . ,'h' "".,,,.,, 'w . S",1f ,."",,,,,,,,, _~ ,,,,,,, 'w' "",,,''''''''' ",",,'. ~" ' """,",",,''''''' 00 "''' '" ~"w 1M "cr""~':"" ";,, .""",., Co,,"'''~~~ ';.000 "",'. ",,,,,,,, of "" e," ,,,,,, ,,,, w,'" . "" I. ,,,,,~. ,U'" lA"M. Mn . ._in, e"'. "wo' . . . . ~ rllD wl<'" C"."". lI' ,I"" u,," ",,,n~u u . h to re\1ie"" all o\1era Sl e f1\ 0>'" ,,","'.. '''''' 1<' .~' ;:;;,,~, ,~,od 10 "n' uno ,. ,h' ' ,1<0'" ,II ""oO ,,,I"'''' ,. ", "",,,,,,,, """""" ",I< " "''''' oW C,,, "", ",."""""" ,ff ",,~ ~.. ""," " ",,,, " "" C".""",..~ R" '" ~ ~ ,,,,wi ,b"" ,,,,,,,,,,,, "'~, ~~'"'' i' , "",,, " ,h' 10"" ,url'" .."" _. lA', R":" < "',."'~ """"n" SI<" . ' 't"';ll lot co\1erage \'Ir1l'ltatlOlls. .' the llun\ver 0> ' '" nn\'ICa1lt lS ""p" ",",n'" " b ,,'n, S"" "" "., ~" . h ~.. ,f '" _,"~ " ' od 'u ",,,,,,,, ,,,,,,,",, ct ." W'" 10 ,oO ,h' ",,. ",,, " ",.., "" ,ci I.""" lA' C",un"""~ B'W ct~od ~',:~on" I>< "" _""",,,, "", wo;: ",,,,,,", "m" "''' ,od. "''" _ w"'" ,,,,,,u~ w' ,\bct ,I<' ,,,Ii''''' won'." ",,'" Rallua\\ stateu s\w lS UllSure wb: won'. . ", "" ,'0'" ,,.,,,,,,,od """ . . """ ,b' w"'" _CO ,,"'" ,,,,, .""to" ~ ,I>< w"'" C"'"' "", ,"'u ""':: :~;;,ou\,; ,",'''' , "gci" """ "'~o:"''' "I Y """.0\, \b' ,,,", of U, "" ".,u ",.,. \\" ' * un,od "", ,,\b' ",,,,, ." w' lA' _.." un,od ",ct' "on'''''' '" r"""",'d'" _. ""Iy ",,,hi b' "'," f""bI' . \la1l(\\'Illg reo..uests aUr1l11l1~tra sn\a1\ ""a\\s 'Ill t\lose \ocat1ollS' e ." e e r the trUe\(. uoc\(. par\(.'Illlb area. (\ ",,11 the cellter 0> .' uuriJ11b , .' w,~hct "",,,..,, 0 , db"~" ",oM'w o>",,,,,,,,,,ct 5'" .", .' 1I, ,.wn,od 10 I>< '''' ,- M.s. Ra1lua1\ statcU 1t waS oUg11la ~EN RILLS PL::YvN lNG COMMISSION _ AP.RIL 5 dev I , 2000 e ""''''' ." '""i 0, r b 6 '."""''''g " "h Of"", bOo wi. 1'1 . a 1 t e grass in the llJedian but no C01l1Inissioner Sand eXpressed '""''''""ie "''''ti'J,,, Co'''''' &'" "-'bie I; ,'hOo" he mq"i,oJ Ai '~ge 'leo. iI, ""w' 'h" "'''''' "''' o,~, b, "'oj ""'''''d , " 'h, wOod r",,,.' ,. "dol] ""'d ", fim i"",,,,,, 'd ?dr llJashollry to llJatch the bUilding 1 not aVe any concel7Js with regard C01l1Inissioner Sand ask d pm"'b" "'''~. M, ' OhWh" , r",,, whi'hi, ~" '"'''''' W;~ mg", ,; ~"d'li ""'''''d 'h" "", di, ",;i'; '" i",'d w'''id P"""" "m e W"'" r",,,. """ "g"" k'db'k . C, '. , '''' 'h, fu, 1l1Inlssloner GalatoWitsch asked . ".''''oj, i, "''' "i 01,. M, 0 h""" """g, wi U b, . '. "'''' "m ,"dc, h" 'h, ''''~g:::'~ ""'d 'h, b'li~", 'h" ~:' "'d''''%g &, '"" '",.." C '. " ""gh, " "'doJ '" ""'iti"" '" g" g"" w'li be '00""," " '''' ""'"'''''' Cor",w " b . Iin", ~e b""" M '" "k'd Oh,~"."", i, . g ,. "",d,,, ""oj .'" " 00 "';:'" """'" ." ., ""diZel h, i o""oJ 'W Ch", EriCh"" "'koJ wh"h , . 'y Ai,. "",d'li ""'d ""'h e " , "rig;"", PUD "'d,,~'d " . ""oj 'h" " h" 00, b", ;;;;;"'."'" w,,, "q"i"" " b, ,,"';:; "'''''g of 00"", 00 "ip""", "'M", It,,, i"'g, "O"g, ""k Y Ood" wOod f""'i'g Sb,' C",,,,,,,,,,,,, D"'h",,, , W"~d b, "''d ;" W, '"" b, diff"", Iin", &, "P'""'d """'" &" ., " . . t h Se COlltainers Sh reenmg aroUnd th "" ""io_. . 'oJd", ""IIh"" . e 6"" ""''''''''' w'II creens w1lI be llJu h I 1 L , "'g" .", ., arry Esterberg, GeneraI1I1 Wb"~,, "'''''im 00,,, ""g" of II"", PI""" P"k . C"'"""~i," n, ~, ""'b"i" 'f~, . 'Smg, '.''d " wOoi' w'h . '. "d "P"~oJ 'd . " "'" C. . "," '0 "'"Ply Wi. ~, 'h<lJr Enckson closed thepUbr h . lC eanng at 8:35 Ch . P'1l1. . ~11" ErickSon stated, in his 0 i' '. IO""d"i pi"", ,r,. P ""n"" "~"",>" . additional screening isqn"P,",," w,~ di!)',,,,,, typ" Of ,;;'''''d" &, ""'II 'it, "'h" It", ., . """'> "0, , . ""lOg II, mi, , "'"P''''''' "''''''b, iot,," "f 'hdo";' "'" _. II, '''oj ;h"" "'''' &" ",", C '. "d &, d'''iop"" ''''lOg ProPo'oJ ""'''d ""'''''~'" '" n"""" , d '''''''''''' 'dd'd h, "'"'''' .'" 'i~' ., """",g 'hOoid b, "'''''' oo"p",,,,, W'~d gi"" ~db, "-i"g n,,,, ~'mOd b';;["'" ""mh", It" b'iidi'g if, &, b'iid'''g 'oo,," Who :::;,":,;i 'P_ "d h, &, I,';, 'bj:::: 'Z;' "_log 'h, "d""W 'II,,,. ''"'' d"ihill 'PPI"'''''h "0",00. II, "oled 'h. . , ""P"'''''''i'g "-oj Iin", Chair En'ckson stated it WOUld & &,"'" i" W"'*"g "d" .'''' h,,, 'PProPli," m"""" '0 p"" Of &, b"M'g whi'h W,~;': ""a Be ""'d ""o, 'h'~d :"'''' ""h pi", 'f 00"',,,,,", . . e llJore effective fOr the oVerall de reqUired to llJake screelling ~ . Co",,",,,,,,,, S""d "'i,p,"oo, <lJ; . reqUested clarifi t" , 0"", ", '"'dire, Ai,. "",d'lI ",:;; ~:::;:,,:;_ '" 'h, ""'Ie 'f., '''''''',g , S'P "" &, f"" ""', 'P '0 di, b"~:g ,. e e 7 ARDEN HILLS PLANNING COMMISSION - APRIL 5, 2000 Sb' no"" t!illt , dom in t!ill' MOO " not no"'''' [m bmldin, nod' ""ci<""- md "" ,~,i'''' approval from the building inspector. C_i"ioo~ Ry' ,mt,d ,b, "n'''''''' ,~m' '0 b' "'" tb' pUD ci<gh' "" ,bong'" <0 ,oqu", ~_in, oftb' oY",U ,it, "th~ thoo th, indi~duot "d"- cmroni"ioo~ Du,b"~ ,""" t1wi tho oY",n ,ito ~"",,ng ,d"'~'~ (b, i,ron bd'" but m'y "" diffi ,ult duo to tb' increased cost involved. M'. "",dolt ,t~o\, with ,",Md to tb' 2nd port of th' ,oqu~t, tb,t St,ffhoV' -, ,hihty <0 ,,,ro" inoi,.nf,,,,,t ,hong'" how"~ ., noromfo"",t' with ,,,"'" of th"",,,,,wd modmootio'" in thi, ,..,. S" ff "" "d'" <0 tho t"t oft to"" """,,, whi,h !ill" b"" mod' by "",tth" t-" in tb, ,,,t. Stoff would '00''''' th' rigbt <0 ,tl~b "nditio'" " n"'''' m request a formal application with public hearing if warranted. eommi"ion~ Snod "''',,''' oono'"' "'" (b, ""h''''' i, ""u~ting "bm,' of ,,",udu," in oono~tion with th' pUt) =onlmoU. M' ,,,,,d,n ,,,wi "'" Stoff i, ,bt' <0 mnk' .gnm,"" ,h""~ undm ,,"oot ",ning, but ,oqu"~ ,hnif,""ion with ,","", <0 it- wbi,h th' Co"mi"ion woilld oo",id~ ,ignm,m!. Sb' "",d wb,(bm th' C_i"ion might b' in foVm of setting parameters for Staff approval. eonuni"iona Smd "it",tud (bO< , ,,,,dfi' ,,,,,,cintl oo~ migbt not b, tb, ""ropri," "nno <0 mnk' ro,b ,dd,,,,,",,,ion. H' ,t,to\, in bi' opinion it" ,,,,.,to "ro' fot "wmroood'hon to council for approval and should not be attached to this request. M' "",dolt ,wud ,,",' ""u~t, h," b,m ",,'oYud, but S"'" i, unoomfort,bt' with oth'" Sb' ",,", tb' City h" m in",~t in ,romorin, "'" ","'iting d"do,m"t. eonuni"ion~ S",d ,t,t,d tb, 2nd ,ort of th' "qu~t ,hoilld b, ,bm,ol to "fl~t th~ only th' pUD in q""tion i, bcing modifiol. H' "d,d th,t Storr ,bould not w.i" oomothing wld,h WM already deemed revisable. Commi"iun~ RY' ,wud b' would fuw' on ou,roll ,it, p"'" wbich ,,-~ _~ing, ond whi,h would ,lro "ouid' di"ction " ~ i"= o"i,.nfi'''''' f~ th' comm;,mun" ,,,ioW "'" approval. Oci' Eri""un ,t~ol th' PUD "",,"'m~' "",ou~ i, ,,,,.,tt i,,", 'om th, St,ff """'~ ,ortion whi,h '''lui''' fmthcr di,,,,,ion Conuni,rioncr Ryo "kud wh,tbcr th, St,ff _OU& i,ro' i, . ""u1\ of"" ",li,mt" d~i" to byp~' th' fo""'" ,,,rovnl pro"~' M'. """"1 ,,,tud th;tt St,ff. too kin, fot d""rion witb ",,,d to wbi,h pUD i_ """" th' Commi"ion" ",i,w. Sh' ",,,,,tod th" th' ,,,Ii,,nt i, ,tlom,tin, \0 ",olit' th, 1_ of th' building with this particular tenant. j)onOU Buukcr, W,l,h Com,,,,i", ,Wud ,h' wim~ to wotk with tho conuni"ion <0 dd"""in' whclhcl smff ,,,"'w would bo _"ri'" f~ ",.,;n i-, but ",,", ,h' i, wilting to tmt' th' 2nd i"" in th, int-" of ,uttin' th' buildin' to"". Sb' notol "'" Hood ""ibt' P~k_ i,' good t,""" f~ (b, ,rop""y, md oon- oucr th,i' out"" ,<orotl' i, hotding op th' t,,,,, Sb' ",,,,,,d """,ro thot th' prol...n, ,=~' " probib"" md migh'1m mimm",d. .. e e e Chme Eri'hon ,','''' Ie Woo" b, 'PPmpri", '" wbI, ~, S"'h~i"" portion of~, m'l'~' Co ... "Ponto ~, 2 i~,,, "'" gIvo SImT funh~ d,",,"on " , 1m," ',to. Commi"i,"~ N'I"n ,,,,,,, .. h, w'"ld fu~o," SwIf re~I"" "'" "ppm~o/ pm,,,, wi~ mg", '0 i",ignIfi,""tJ,ru~ ARDEN HILLS PL~G COMMISSION _ APRIL 5, 2000 8 .- C'mmi"ion," S"", mo~'<( ''''md", by Commi~io",e Go/'Iowi"'h, '0 '~mm'n' 'ppro"", of PI""oing C~, #00.17, PI""o", UnitD~,'opm'n' Am""""'n, '0 oIIow rot ' C"o/Y'i, ""ill,,", two roIvo" ""'g, """'" "'" ili"oIMgon,n' 0,"0 ,",,'"ogd~, door with the fOllowing conditions: I. A minim,m of ilire, prot,,"vo bOIl"" "" pI""'d '0 pro"", ill, fuo" "m,,,ro. 2. n~, '0" ",,~, to ~, "idi"~ not "" "'" '"" ili, oriill"~ I, in pI", 3. SoIv,,", took ,,' Ori'&~ "'''oiog "" ''''M wood ~ro'nw"," ""i""",, mm'h the bUilding. 4. Screen all rooftop mechanical devices per code requirements. 5. Placement of Solvent tanks meet BUi1ding/Fire code regulations. ". No dct""bIoo'on <rom ~, Prin"og pro,~, b, pre,,,", '" ~, ""rio,",~, building. The motion carried unanimously 0-0). Thi, PI""'ng C~, wilI b, rovi,w""" ~, Momhy, April 24, 2000, Ci,y CO,"oII meebog. C"mm'",,"~ S""d movod, "~od"" by C"mmI"i,"~ Bok~, to "'I" Pmp,,,oI f" , ... 'wlf 'PPro~oI pm"" ~ O""n~1 in pl"""'og C~, 00-17, PI""",, Uoit n'VOlopm"", .. Amendment, for future action. The motion Carried unanimously (7-0) M,. R""'ill ''''''' tho, ,,"'" on ~, ",ff 'Ppm~o/ """,,' Woo" b, ro'l"red by ili, Ci~ Cooon" by ~", J'Iy 7 mgo", mro"ng. Sh, Odd"" ~'CommJ"'on woo/, "ro' '0 'wI= ~, It"m " ~,i, M,y 8 m""og 'P o/Ipw foe ~"'di"ono/ 60 d,y IimIt""p~ She ""',d .., w,"1d wi.. ~, Co=,i,,'oo to pmvid, feodb", '" wh,~~~, it,"" io 'l,~ti"" woo/, b, "goifi,,,,,,, regardless of the applicant. CommI,,'""~ S"", "',d Ibm h, I, I'go/ ~""'" fm~, 'ppIi~, "'" migtit 'b,,,"o from , Vok due to Conflict of interest. PLANNING CAS", 00-/8 - ARMSTRoNG TORSETn SKOLD & RYDEEN INC. MOUNDS VIEW mGn SCROOL, - I9tI<J V ALENTlNE LAKE ROAD, SPECIAL USE PERMIT AMENDMENT - PUBLIC REARING Chair EriCkson Opened the pUblic hearing at 9:15 p.m. M,. R""'el' "pI'i", ~,'~, 'ppIi,,,", i, re'l'~tiog "Ppmvol of," mnffidin", to ~'i, Sp"iol Use Permit for Mounds Vicw Senior High School. M,"od, Vi"" S,,,,,, High S'b"I i, ""mt/y Op'''"og"" '" SUP, wtit" Woe I",,,, io ... S'p"mb~ /978, in PI_og C", #78-23 1n E'brumy /984, ~, CI'y Co ,,"oil ",pcov"" , Sup ... f,,~, 'ik M~,~ PI,", only, Site PI," re~i"" P'~,~ woold "" 'OJ"red ,,~~ ~"" mnffiding ~'SUP. St'ff hoc d""'",io"" ~" doe to ili, b'ilding 'ddI"on '"' co";,, 'h,"g~ pcopo"" w, wIll 1''0,= ili, 'OJ"" " , Sup """'m,Pl. 10~, fu,""" mI", d"ng~ w,"1d 'till b, obI, '0 9 ARDEN HILLS PLANNING COMMISSION - APRIL 5,2000 b' pmo""" ~ . Silo PI'" R""'oW. lb' 'nt"'Iio' of tho M~I" pJon i, '" ""bU,b tho 10" """ ",,,no [0' <b' "mp" """"., . pb>",'" pJon "'" "'''' ,p"iJi' """ "'" ="", Th' ,lOP"'" " "" fi" """ poin" off of Cok' V",,,,lin' ..od. Th' ",,'- i, P"'P"""' m eliminate one of the access points. Th' _'" """,,"'ly "" "'" .",;n ,oop '" b'- "'" "" [0< drop off "'" pi'" ,p of""""''' Th' prop""" pJon wmdd "",dify lb", _ting . "1',,",' 'oop f" b'" ,-, "'" '" -,. TheY "" "'''' propo"'" '" ",,,,,,,,,,y vdri,1< dri" ,oop"'" ",tire'y .,m,ml <b' _t eurron' _lbn"" " 2' 00 ".d""' wi" 100 "".by m"'-' _<d"", '" "'" wond' V," High Soboo' web ,i"'. Th' ",boo' b~ . "',,' 0[\64 ..,ff m"'-' ",Iml"'" """,",ly. Th' """", do" .ot _d 10 I",,, '" """"" in ..if" """",IS, "'" ,b' """,io. " p'''''''''' " better accommodate the existing enrollment and staff members. '[be ,i" ,,_ly "" . ,."'''''''' wood'" "" "'''''' <b' "'" ,lOP"'" lino. Th' ""Ii"'" will odd ,-" _ ~o"'" lb' """ding "'" pM,in, _. Th' ,i" m"" tho cily ,,,,d"",,, requirementS. Th' ""plio"" propo"" ",,,,,,y, <b' b",boll fidd ",d odd """ full"'''''''- fi,Id' "" "'" practice field. The baseball field will not be relocated on this site. Cily _ <<'I""" 1 pM","" ,p= f" "",b ",boo' _loY" ~ w,n ~ , """ po< 4 ,wd_. Tho "'" .boold hav' . """ of 689 """in' .,,,,,,, _<ding '" """"I "ro,,,,,,,,C They are currently under the required number of parking spaces. s,",,"" had ,,,,,,,,, prob!,,", wi<b """"'" MO"", \be ",boot There "'" "No p-.;' "'" in """," _. Th' pobli' Wo"" Di\<""" b~ ","pomled " \be prob"'" -'" by -' parking on public streets around the schoOl. Th' propo"" "'" woold red= lb' "",,..I, """"'" by 24 .,,,,,. Th. ,i'" wo.1d be 215 ""ing """ ,bort. Th' '"""" "" pI'" ""'" no' b'" od",- p-' ",,"'; boww'" ,"",woold ",,_d "'" <b' ".,.." """'" ..o.'d '0","" ""'" <b'" ""","" Th' """'" .,,,,, ",ong tho "'''''' won "'" oldy 17 r,d 'o\<, wbere 18 ['" " <b"_"'" 1_ S"'" ,"" "" ."'" 00",,", wi<b -' '0 tho -, flow"'" tho m.m pMkin' ,ot Th' wid<b " 20 f,ct wbere 24 f'" " <b' <<'I'''''' width. TId' '"'" """ prob''''''' do' \0 """'" ,p"" ,,,,,,,,, \00 do'" \0 <b' poking In' ""","00 S"'" woold """"""'" red"i going this area. Tho ""rob" .[PM","" 'P"" o\< .<< dct""'''''' ", ""o.nt ofh"",,,,,ed """"" <<'I""" Th' """", "UlOoUy "" 16 """,-, p-' ,p"". Tho propo"" p'''' ..- 474 """'" .,"'" oml 9 """,""", "''''' ~.Id be <<'I""" Th' ",pli=' i, PlOP-' "W o[ \2 """""ed .,,,,,. TId' m"" \b, ""mm' of"""'-' ,-, <<'I"""; bow-, tho "",00' ","uld haY< 663 p"","" ,,"'" <hili <<'I,iri'll 14 boml,,",ped """ing .,"" ^""_ '" wninP 0",,"'-' oll """'" m~' '"oct ligld 'w'" fmm >ljoinin' I"" oml pobli' """', <b' "'_ o[ iIl"""",ti"" m". b, ,_"'ed, oml <b' f""'" mug no' ,~, ligld "'" _ oon f""",dI, o\< odjoining pro""'" Th' prop~ed liglrting p'''' -" lb'" requirements. '. . . . ARDEN HILLS PLANNING COMMISSION _ APRiL 5, 2000 1t "" '~onOy be" bmo,l" '0 S,""" ."'""on "", '"""'I "m'"," h", "0_ "illi re"", . '0 lli, ligh" i~,,"", '"" fuU 00 O'''Mlli ,ideof llie P'''d;,g 10' Tli, bg"" "'re 'ppm"d by Staff with the stipulation that they meet the lighting ordinance. 10 .' It i, Stoff, ""den''''dio, II,,, on, of lli. "'""0' ;'wlod" llie "," of th, bghtiog. Th, "" ligh" = "bi'., Md lighb;,g io lb. P&' b& be" y.Uo". W, do"", '_IIy hw, eo,", ''''''oti 0", foe bghbog. J, i, Stoff, ""d'n""'diog lli" 'om, of Ib, "",ling b gb" = on "m", S~ff reoomm"d, th" "'bgbting lwilli lli, """"on of "'~ily ligh'ing) '" 00 'im," to b, 'he< offby 10,00 Pm., onl'$ lli're i, "'hOOI "'" whi", i, ",~ lli", /0,00 Pm Th. "hool "",",nOy b& ''''M g"" '0 "0"01 ""m, io "" eo, om, '''''''"' P"kiog 10' These gates would remain. C"""'liy ""re '" 'wo "mpo"", d&,",om, 1""oJ eo lli, "." ,ido of th, "hool boildiog. These would both be removed with the proposed eXpansion, Tbe ,,,. i, eo"",,"y ,,~'" with 'ow" 'od w"" Tb, """ lin" bow"", m,y reqoire "m, reodWon"o", to PC"ide pmp" fire P'''''bon. Tb, fire i"p",,, ""'''''''''d, 3 'ddibo"" Ii" hYde"," b, "" doJ to th, ,", (by <b. fi'ld, buk '''kio, '0<, "" ,,,"", 00"" ""). C"y O"oi;,g on"",o", """ <b, m~imom b.igb' of, ""',"'" i, 35 f", Th, ,mpo,oJ building expansions do not eXceed the height requirement. Tb. '!>pli,,,,, i, ,m'",iog '"'''' ""dili 0", '0 Ii" boi/dio, Tb, 'dd!tio", wi/j 0", 'im 11" ~'rni"', 10 >b, .~ ,ting boi /dio g. Th, ""'''' "'" i"I"", <b, rewo ~""'" 'Odi Ioriom, -""';'boi, =, ",on", ~mpe<" I'b, '~ff dioiog ""', Wood 'bo" "'d 'I~"oo=. . Th, b'/di;,g i, req ,i,oJ to '0", tire R -I ""bock m'loi"m 'n',. Tb. ,ropo,"" "d1Oo" rn", <b, zoning ordinance requirements. Mi1Om'" """iog wi It b, '0" with llii, pmj"t Rim ere", W"",,'" Di,,,,,, 'Ppm,,,, i, required, Tb, ''OJ,,, i, ""P~'oJ to 'ok, 'Ppm'im".,y 2 y=, '0 "m"",. Th, ""Ii"", b~ "'ppli", , preliminary phasing plan. S'off b~ """", willi lli, I,,,, of 'Ppmpri", P"kin, ond W~Jd '~ornm~d >b. 'rniIing i,,,,, b, 10,,,,,,,,, priOtlo 'Prrove I b,io g """'" If <b, P"ki;,g i,,,, i, meo I """ S"ff woo/d ""'mmeo' 'ppme" oflb, ""~dm~, 10 <b, S'''i'' U" p_, 10pd"ing <b. M~,,, PI",) io Planning Case 00-18 subject to 6 conditions. If <b, PI""'/ng Com"",,;," -" " ""remeo"boo on <bi, PIMoin, C~. i' woold '" ,_ at the Monday, April 24 regular City Council meeting. Com""";,",, Ry, ~k", wb.lli" lli= = "'y po'eob" "= on <b, .Ie fot "dilio",1 P"kiog . M,. Rim<kiJI '~Iod " 2nd "00- '""" b, 'd'", 10 <b, '''king '01 whi" i, , '''y "''1''"'ive oplioo. SIi, ""',' >b", "" wo""", 're~ on <b, Prep",y wi <b 'iffleo It ,,,,"'" "bieb 'boo/d remain as they are. e e e ARDEN HILLS PLANNING COMMISSION - APRIL 5, 2000 11 Elizabeth Garski, 1795 Lake Valentine Road, stated she lives directly across from the school's parking lot. She added that the new lights in the parking lot are a concern to residents along that road as they stay on until II :30 p.m. or later, and are very bright white lights. She noted that residents were not informed when the lights were installed last year. Ms. Garski stated she would prefer that the lights be changed to yellow lights, which are less harsh, and requestcd that the lighting timer problems be resolved. Ms. Garski stated that the garbage contractor formerly used by the school picked up garbage at 4:30 a.m. and made a lot of noise. She noted that the new garbage contractor does not pick up garbage that early, but requested that the applicant consider moving the garbage retention area to the back of the school to prevent such disruptions in the future. Ms. Garski stated she has noticed that the road leading around the school on the west side is not gated at night and she often sees cars there. Ms. Randall stated the road will be gated at all times. Don Techs, 1770 Lake Valentine Road, spoke on behalf of his neighbor who lives across from the parking lot, who wondered if the construction storage areas will be located directly across from their home. He added his neighbors were concerned at the noise levels and large equipment as well as the behavior of construction workers. Jim Borg, 1812 Janet Court, stated he lives near Ms. Garski, and echoed her concerns with regard to the parking lot lighting which is irritating and bright, and often left on all night. He added that in his opinion the street parking situation has gotten worse. Ms. Randall noted the City has installed signage which allows residents to park on the street but prohibits students and others. Mr. Borg stated the street parking situation is an indication that there is inadequate parking at the school, and cutting more spots as in the proposed plan does not make sense. He reiterated that parking is an issue of great concern to residents in the area. Jim Cassady, 1833 Gramsie, stated there is a great deal of pressure in the neighborhood with regard to parking, and the proposed site plan only increases the pressure on students to park on side streets. Nancy O'Malley, 1851 Gramsie, stated her backyard backs up to the sports fields. She asked whether the trees located near her property will be removed. Tom Fabick, ATS&R Architects, Inc., stated the sports fields at the south edge ofthe property will not be altered, although drainage issues will be resolved. Mr. Fabick stated iliat the architects and the School District are sensitive to the parking issue and understand that it is a very big problem for the property. He added there is no feasible area on the site for additional parking. He noted that softball and soccer are currently played off-site due to limited space, and the topography of the site makes development difficult and expensive. Mr. Fabick stated that safety concerns are being addressed by separating the bus and car traffic loops, which is a positive step. He added that some parking spaces were sacrificed to accomplish this, but additional parking will be available in the bus loop for special functions. ARDEN HILLS PLANNING COMMISSION - APRIL 5, 2000 12 John Garmon, A TS&R Architects, Inc., stated the construction staging area is plarmed for the lower parking lot and will not disrupt residents along Lake Valentine Road. He added that the . proposed site plan does not include a modification of lighting fixtures in the north parking lot which were added only last year. He noted the timers are supposed to go off at 11 :00 p.m. and attempts are being made to regulate them. Mr. Borg asked whether Lake Valentine Road will be affected, and whether construction equipment will use the road frequently. Mr. Fabick stated that the road will be affected to the extent that access to the site will be changed, and a new water main will be installed. He added that it will be necessary for the contractor to comply with City ordinance for construction and equipment. Mr. Cassady asked whether the bus terminal across the street could be used for parking. Mr. Fabick stated that the Minnesota State Department of Transportation (MNDOT) has been approached, and is very slow to respond. He added that the possibility is being pursued. Julie Wilkelius, principal of Mounds View High School, stated that alternatives for parking are being explored, including the lease of property at the bus terminal. Commissioncr Galatowitsch asked whether the triangular area next the football stadium and south ofthe existing parking lot could be developed for parking. Mr. Fabick stated that area is constantly used for a variety of sports and is needed for practice. Chair Erickson closed the public hearing at 9:54 p.m. . Chair Erickson stated the parking issue should be resolved before approval is granted. He added that all aspects of the proposal meet zoning ordinance requirements with the exception of available parking. He asked whether the parking should be approved as a variance. Ms. Randall stated the parking is an existing feature. She added that a balance must be reached between available parking and sports facilities, which is an another aspect of school function. Chair Erickson stated that the proposed lighting meets ordinance requirements, but added that residents have expressed their dissatisfaction with white lights which are glaring. He noted that the Commission could not mandate that the lights be changed to yellow lights since they meet ordinance requirements. He suggested that the architects might work with residents to arrive at an acceptable solution. Mr. Borg asked whether MNDOT might be approached with regard to relocating their facility so the school could utilize their property. Chair Erickson stated that MNDOT renegotiated their SUP 5 years ago and did not have any plans to relocate at that time. Commissioner Rye asked whether the existing parking is sufficient for evening functions held at the school facility. Ms. Randall stated that the street parking restrictions only apply during daytime hours. . Chair Erickson stated that the best solution for additional parking is the proposed utilization of the MNDOT property, although the Commission does not have the authority to mandate that as a stipulation for approval of the SUP. He added that it is the Commission's understanding that the School District intends to move forward with such a proposal in good faith. e e e ARDEN HILLS PLANNING COMMISSION - APRIL 5, 2000 13 Commissioner Sand stated that the school should pursue a uniform lighting plan for the exterior ofthe school, which might include utilization of yellow lights which is preferable to residents. Commissioner Rye left the meeting at 10: 1 0 p.m. Chair Erickson asked whether the upper parking lot will accommodate a turnaround area for emergency vehicles, and whether the area will be widened. Mr. Gannon stated there will be room for additional parking in that parking lot, adding that there is the opportunity to replace the 24 parking spots which will be lost in the site plan. Chair Erickson stated he would favor basing approval of the amendment upon no loss of parking spaces. Commissioner Nelson requested clarification with regard to the number of parking spaces as it relates to staff and students driving to school. Julie (principal) confirmed that I in 3 students drive to school, and 330 parking passes are issued. She noted that priority is given to students who are willing to carpool. Commissioner Nelson asked whether the addition of 3 fire hydrants was planned. Mr. Gannon stated that the fire inspector required 3 additional hydrants in conjunction with the upgrade of building safety. Commissioner Duchenes moved, seconded by Commissioner Galatowitsch to recommend approval of Planning Case #00-18, Special Use Permit Amendment, subject to the following conditions: 1. Compliance with the height for structures. 2. Approval of Rice Creek Watershed District. 3. Compliance with the Lighting Standards of the Zoning Ordinance. 4. All lighting (except a select few for security) be on timers to be shut off by 10:00 p.m., unless there is a school event which is later than 10:00 p.m. 5, Remove temporary classrooms. 6. Add three fire hydrants as requested by the Fire Inspector. 7. Parking be reconfigured for 0 loss from current number of parking spaces located on property. Voting on the motion: Erickson, Nelson, Duchenes, Galatowitsch voted aye. Baker voted nay. Sand abstained. The motion carried (4-1). This Planning Case will be reviewed at the Monday, April 24, 2000, City Council meeting. PLANNING CASE #00-19 - JEFF LANASSA - 3153 SHORELINE LANE - FRONT YARD VARIANCE Commissioner Nelson left the meeting at 10:20 p.m. Ms. Randall explained that the applicant is requesting approval of a front yard setback variance (28 feet proposed, when 40 feet is required) for an addition and two car garage on a single family lot zoned R-2. ARDEN HILLS PLANNING COMMISSION - APRIL 5, 2000 14 The applicant currently does not have a garage or driveway. The applicant utilizes a few parking tit spaces on a short drive just off Shoreline Lane. The proposed garage would be 643 square feet (23 '6" by 27' -4"). The garage is proposed to be 27' -4"; however, the applicant is proposing a 3- foot wide stairway in the rear of the garage. The home currently is a four level split with three bedrooms. The addition is proposed to be 25 x 28 feet and would have additional bedroom space. To connect an addition or garage to the house, two bedrooms would be eliminated leaving only one bedroom. The new addition would create four small bedrooms. The addition and garage will be constructed using similar materials to the existing home. Staff looked for alternative locations such as reducing the addition or moving the garage and addition to run along the front of the home. The lot has the space to accommodate the addition and garage in the buildable area; however, the slope from Shoreline Lane to the front of the home would create a drainage problem for the garage. The addition alone does not show a hardship. A garage could be constructed on this site without direct access to the home; thus no reduction in bedrooms would occur. However, if the garage is constructed at or behind the required 40 foot setback there would be some drainage issues due to the very steep slope. The front cntrance is in the center ofthe home. An addition blocking the front door would make entry to the home confusing for visitors. By moving the garage addition back, the slope of the lot creates a problem. Substantial grading tit would need to occur or rainwater would drain into the garage and home. There have not been similar variances granted in this neighborhood; however, there are several other garages in the area that are closer than 40 feet. The slope ofthe lot makes it difficult to add a garage in front of the existing home without causing drainage problems. Other properties in the immediate area have a similar setback. The property currently does not have a garage. The proposed garage is not larger than necessary (standard two car). Moving fue addition and garage back would cause drainage problems. There are ways of draining water around the garage entrance; however, these tend to freeze in the winter/spring, causing problems. The addition could be minimized allowing fue garage to be moved back; however, drainage problems will occur. The additional bedrooms would not be needed if the existing bedrooms were not disturbed by a hallway. Ms. Randall advised that Staff recommends approval of Planning Case #00-19, front yard setback variance (27 feet proposed where 40 is required) for an addition and garage with I condition. If the Planning Commission makes a recommendation on this Planning Case, then it .- would be heard at the Monday, April 24, 2000, regular meeting of the City Council. .. Chair Erickson stated Staff seems confident that all alternatives have been explored, adding the slope seems to present significant drainage issues. Commissioner Sand stated that the applicant , ARDEN HILLS PLANNING COMMISSION - APRIL 5, 2000 15 e has attempted to reconfigure the plans, but looking at the photographs provided it seems obvious the proposed plan is necessary. He noted that the topography is very limiting. Commissioner Sand moved, seconded by Commissioner Duchenes to recommend approval of Planning Case #00-19, Front Yard Setback Variance (27 feet proposed where 40 feet is required) for an addition and garage, with the following condition: 1. If the structure is damaged, in excess of the building code threshold for damage, the variance would no longer be valid. The motion carried unanimously (5-0). This Planning Case will be reviewed at the Monday, April 24, 2000, City Council meeting. PLANNING CASE #00-11 - CITY OF ARDEN HILLS - ORDINANCE AMENDMENTS (DISCUSSION ONLy) Ms. Randall stated that she had anticipated tonight's meeting would be a lengthy one, and so provided some background materials for the Commissioners to review before the next meeting. She added that more information needs to be collected from other communities and compiled into one comprehensive packet. She noted there have been many changes in requirements which should be reflected in the City's ordinances, such as residential parking, paved surfaces and lot coverage, parking on lawns, and many other issues. . Chair Erickson asked whether there is a City ordinance regulating bituminous driveways. Ms. Randall stated there is nothing in the City ordinances pertaining to this, or other residential parking requirements. She added this might be tied together in the same ordinance. Ms. Randall stated she would be in attendance at the Commission's next meeting. She added that 2 candidates for her replacement had been interviewed and one was selected to be offered after approval had been obtained at the City Council's Monday, April 10 meeting. Ms. Randall stated the Commissioners were invited to attend a Sensible Land Use Coalition seminar on land use and transportation. She requested interested Commissioners to return the registration form to her. COUNCIL REPORT Councilmember Larson stated that the Council reviewed 4 items which the Commission had acted upon. He noted the variance request from Lawrence Erickson was not approved and no further action was taken, although the request was approved at the Council's next meeting. He noted the comer setback variance request from Chuck Mertensotto was tabled, and the applicant was requested to return with some new ideas, after which action was delayed for 60 days. He noted the home business request for a personal training studio was approved. He noted the rear yard variance request from Robert Alexander was approved. e Councilmember Larson noted, with regard to the Associate Planner position, that an offer would be made this week, and the Council was pleased to have had 2 good candidates to choose from. ARDEN HILLS PLANNING COMMISSION - APRIL 5, 2000 16 , , , Councilmember Larson stated that a neighborhood meeting was held with regard to the Highway 10IHighway 96 overpass, at which many area residents were in attendance who indicated that e access was not a big issue. He added that representatives from North Heights Church objected to access as they hoped to preserve the land in question for additional parking. Councilmember Larson stated the Town Hall meeting went well, and included a "ground- breaking ceremony" by Mayor Probst. He added that there was a good turnout of local organizations with booths and information for attendees. He noted that the number of people who show up is disappointing at events like this, and a change in the format was being discussed to incorporate small group discussion on various topics. Ms. Randall stated there was some discussion with regard to holding the Town Hall Meeting in connection with the Day in the Park Celebration which often has excellent attendance. Councilmember Larson stated the 35W coalition meeting was a good meeting with good presentations. COMMISSION COMMENTS There were no comments from the Commissioners. ADJOURNMENT Commissioner Galatowitsch moved, seconded by Commissioner Sand, to adjourn the meeting at e 11:03 p.m. The motion carried unanimously (5-0). . . .~ Planning Case 00-16 Aerial Communications 1230 Red Fox Road (Water Tower) Special Use Permit I DRIVE o ::0 -t I ~ o o 0':=... ..-' ._en ---REf) FQX.RGAO~--. . I ..- .. -RED-F'QX-ROAD . . . .- ~ r- m ~ z G:l -t o Z ~ m z o III CJ -GRE.'aOX ROAD I I ....... ..... .......\ -_.- -" ~ ~E'(rROAD l 700 , o 700 N '~O Fj\ . CITY OF ARDEN HILLS MEMORANDUM DATE: April 24, 2000 TO: Mayor and City Council FROM: Nancy Randall, Associate Planuer SUBJECT: Planning Case #00-16, SUP/Site PIau - Antenna Aerial, 1230 Red Fox Road Request. The applicant is requesting a Special Use Permit and Site Plan review to allow for the placement of antennas on the side ofthe municipal water tower and an electronic equipment building to be located at 1230 Red Fox Road (Exhibit A). tit Background. The antennas require electronic equipment to be located on the ground. The applicant is proposing this to be at the southwest side of the water tower using a shared drive with Sprint PCS, which was approved in January 2000. The proposed building would be 8 by 12 feet and constructed out of a brick to match the existing two buildings on the site. Landscaping has been proposed to add screening of the equipment building. Staff has some concern with the amount of trees planted on the site. Maintenance of the site requires 90 inches between trees and other structures. Staff recommends arborvitae's be planted, a minimum of 6 feet tall, along the entire south property line, in place of the proposed five (5) trees. Staff received a concern from a neighboring business that currently has a 900mb-fire sprinkler system. The concern is that the antenna might negatively effect the system. The applicant has stated the antennas will not effect the existing system. Deadline for Agency Actions. The City of Arden Hills received the completed application for this request on Wednesday, February 23, 1999. Pursuant to Minnesota State Statute, the City must act on this request by Friday, April 21, 2000. (60 days), unless the City provides the petitioner with written reasons for the additional 60 day review period. The additional review period would extend to Tuesday, June 20, 2000. The City may, with the petitioner's consent,extend the review period beyond the Tuesday, June 20, 2000 date. A letter extending the review period to June 20, 2000 has been sent to the applicant. . Lastly, if the City denies the petitioner's request, "...it must state in writing the reasons for the denial at the time that it denies the request." .- Recommendations. The Planning Commission recommends approval of Planning Case #00-16, Special Use Permit and Site Plan Review, subject to the following conditions: . 1. The antennas and all mounts shall be painted to match the color of the water tower. 2. A lease agreement shall be maintained with the City of Arden Hills which details rent payments and other specific requirements ofthe City. If ,at any time, the lease shall terminate, the SUP shall be reviewed and the City may impose other restrictions or conditions as warranted. 3. Sprint lease and Special Use Permit be modified and approved by both Sprint and the City of Arden Hills to accommodate the relocation of the drive access and landscaping. 4. No welding shall be done on the water tower tank. 5. The driveway leading from the existing drive to the equipment building should be a bituminous to match the existing drive. 6. The equipment building should be constructed in similar material to the existing buildings. 7. The landscaping include a row of arborvitae along the entire south property line. 8. The applicant relocates trees to be removed and relocated on the site if Sprint has not completed this prior to the constriction of the drive. 9. Applicant will be responsible for snow removal along proposed drive. 10. The antenna's not interfere with 900mb fire sprinkler systems in the area. Updates. Staff received a letter from Resistance Technology Inc. (Exhibit C) with concerns about the antenna's affecting their testing equipment. Staff has forwarded the letter to the applicant in hopes of a resolution before the City Council meeting. . Options: 1. Add a condition that the applicant pay for impact testing and any required RF or EM! shielding needed to satisfY Resistance Technology, Inc. 2. Add a condition that the applicant not interfere with neighboring business testing equipment. 3. Table to allow time for the applicant to resolve the issue and satisfY Resistance Technology, Inc. 4. Deny request. The lease agreements, as referred to under condition number 2 and 3, are covered under a separate agenda item. The applicant changed the plans just prior to the Planning Commission meeting. The cables were going to be under ground, however; due to footings for the water tower, the applicant wishes to have the cables above ground with a bridge over the cables. . 8 7 . . . ~ ~~\r\ 1'\ m ~ 0 I : I: RED FOX ROAD I I I I I I: I I I I: I I II :1 I: - , , I I I: -, I -, II I II _ c I I -, I I I -, I -, I I I II I I -. I ~SPRtIT , """"'" =' - - =8 = 8 =8 ElClSlHl - OIl ElLC - =' ""......... - -.. -8 - - -. - - -8 - - -. - - - -. - - -. . , SITE PlAN SOL.E:: NONE ~~ PRilFosil"~ - - . .. .. ~maIIICII_ M APT AMERICAN PORTABLE TELEC . TllS C< ....! Resistance Technology Inc. " ." ~~~'J.~fI . RECE!\lt:.D APR 1 9 2000 April 18,2000 (\1't' Of JlhUt,. M\.i City ct Arden HiHs 4364 West Round Lake Road Arden Hills, Mn. 55112-5794 Attention: Planning Commission and Mayor a Arden Hflls It has been brought to my attention (via the City a Arden Hills memo dated 41512000) thai additional c:elluIar antennas will be placed on the water tower located at 1230 Red Fox Rd. This location is 200 It direclly to the North a our building (Resistance Technology Inc. 1260 Red Fox Rd.). RTI is a manufacturer ct canponents and assemblies for the hearing aid industry. The core a our business at this location involves microminiature mechanical and electrical assemblies that are very sensitive to Radio Frequency and Electro- Magnetic Interference. The current conditions that we are trying to deal wth are bordet1ine acceptable and we feel very uncomfortable with the installation ct additional antennas. RTI '$ proposal to the Qty ct Arden Hills would be to fund impact testing to insure canpliance to RTI's business efforts Amd Mure profitability. In the event that the testing stlcJo.wd that the antenna installation could further impacl manufacturing ~. RTf v.ooId require RF and EMI shielding that would result in considerable costs to RTI. We are staling our position dearly because of our presence in the canrnunity fa (Ner 20 years and our intentions to continue to grow our business. We v<<luld be open to proposals from the City to remedy the situation based on oonstruclion efforts already taking place. I have informally talked with Nancy Randall and she had suggested that I start with this letter ct concern to approach the City of Arden HiUs. I have included my business card with infamalion on how I can be reached. Please do not hesitate to call if I can be of any assistance or offer any cost related information. We are currently in the process ct having the EMI I RF if1'1l8Cl testing quoted. &~ Robert J, Aarth Plant Manager, RTI E.S. Facility Resistance Technology Inc. 1260 Red Fox Road Arden Hms, Minnesota 55112 Tel: 661 636-9770 Fax: 661 636-9aJ3 1-877-651-1636 (toli free) htto:/Iwww.rtk;orc.com Resistance Technology GmbH KesseIschmiedstrasse 10 D-85354 Freising, Germany Tel: lJ49.8161-48Q4.0 Fax: lJ49.8161-4BlJ4.18 rtambhfllrtambh.de RTI Technologies Ple LId 26 Ayer Rajah Crescent #0403104I07, Singapore 139944 Tel: 65-776-1021 Fax: 65-779-1021 hedvteo@oaciflc.net.sa 1 , . tit . SITE AGREEMENT This Site Agreement ("Agreement") is made as of this day of April, 2000, by and between City of Arden Hills ("Owner"), a Minnesota municipal corporation, whose address is 4364 West Round Lake Road, Arden Hills, Minnesota 55112-5794 and APT Minneapolis, Inc. ,("APT') a Delaware corporation, whose address is 8410 West Bryn Mawr, Suite 1100, Chicago, Illinois 60631 ,for the leasing of certain property interests at 1230 Red Fox Road, Arden Hills, Minnesota , pursuant to the following terms: 1. Premises and Use. Owner leases to APT the site described below: [Check appropriate box(es)J ISI Land consisting of approximately 400 square feet upon which APT will construct its ISI equipment base station and D antenna structure; D Building interior space consisting of approximately square feet; D Building exterior space for attachment of antennas; D Building exterior space for placement of base station equipment; ISI Tower antenna space between the 85 foot and 95 foot level on the Tower; ISI Space required for cable runs to connect PCS equipment and antennas. in the location(s) ("Site") shown on Exhibit A, together with a non-exclusive easement for reasonable access thereto and to the appropriate, in the discretion of APT, source of electric and telephone facilities. The Site will be used by APT for the purpose of installing, removing, replaciug, modifYing, maintaining and operating, at its expense, a personal communications service system facility ("PCS"), including, without limitation, antenna equipment, cable, wiring, back-up power sources (including generators and fuel storage tanks), related fixtures and, if applicable to the Site, an antenna structure. APT will use the Site in a manner which will not unreasonably disturb the occupancy of Owner's other tenants. APT will have access to the Site 24 hours per day, 7 days per week. 2. Terms. The term of this Agreement (the "Initial Term") is 5 years, commencing on the date ("Commencement Date") both APT and Owner have executed this Agreement. This Agreement will be automatically renewed for four additional terms (each a "Renewal Term") of 5 years each, unless APT provides Owner notice of intention not to renew not less than 90 days prior to the expiration of the Initial Term or any Renewal Term. 3. Rent, Until the date which is 60 days after the issuance of a building permit, rent will be a one-time aggregate payment of $100.00, the receipt of which Owner acknowledges. Thereafter, rent will be paid in equal monthly installments of $1,000.00 (until increased as set forth herein), partial months to be prorated, in advance. Rent for each Renewal Term will be annual rent in effect for the final year of the Initial Term or prior Renewal Term, as the case may be, increased by fifteen percent (15%). 4. Title and Quiet Possession. Owner represents and agrees (a) that it is the Owner of the Site; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has authority to sign; (d) that APT is entitled to access to the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so Site Number: Site Name: Market: AIN511 Arden Hills WT Minneapolis [1] . , long as APT is not in default beyond the expiration of any cure period; and (e) that Owner shall not have unsupervised access to the Site or to the PCS equipment. . 5. Assignment/Subletting. Tenant shall have the right to sublease or assign its rights under this Agreement without notice to or consent of Owner. 6. Notices. All notices must be in writing and are effective only when deposited in the U.s. mail, certified and postage prepaid, or when sent via overnight delivery. Notices to APT are to be sent to: American Portable Telecom, P. O. Box 31793, Chicago, Illinois 60631-0793, Attn: Real Estate, with a copy to: APT Minneapolis, Inc., 8000 West 78th Street, Suite 400, Minneapolis, Minnesota 55439-2514, Attn: Real Estate Manager. Notices to Owner must be sent to the address shown underneath Owner's signature. 7. Improvements. APT may, at its expense, make such improvements on the Site as it deems necessary from time to time for the operation of the PCS system, subject to Owner's reasonable approval. Upon termination or expiration of this Agreement, APT may remove its equipment and improvements and will restore the Site to substantially the condition existing on the Commencement Date, except for ordinary wear and tear and casualty loss. 8. Compliance with Laws. Owner represents that Owner's property (including the Site), and all improvements located thereon, are in substantial compliance with building, life/safety, disability and other laws, codes and regulations of applicable governmental authorities. APT will substantially comply with all applicable laws relating to its possession and use of the Site. e 9. Interference. APT will resolve technical interference problems with other equipment located at the Site on the Commencement Date or any equipment that becomes attached to the Site at any future date when APT desires to add additional equipment to the Site. Likewise, Owner will not permit or suffer the installation of any future equipment which (a) results in technical interference problems with APT's then existing equipment or (b) encroaches onto the Site. 10. Utilities. Owner represents that utilities adequate for APT's use of the Site are available. APT will pay for all utilities used by it at the Site. Owner will cooperate with APT in APT's efforts to obtain utilities from any location provided by Owner or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. 11. Termination. APT may terminate this Agreement at any time by notice to Owner without further liability if APT does not obtain all permits or other approvals (collectively, "approval") required from any governmental authority or any easements required from any third party to operate the PCS system, or if any such approval is canceled, expires or is withdrawn or terminated, or if Owner fails to have proper ownership of the Site or authority to enter into this Agreement, or if APT, for any other reason, in its sole discretion, determines that it will be unable to use the Site. Upon termination, all prepaid rent will be retained by e Site Number: Site Name: Market: AIN51] Arden Hills WT Minneapolis [2] , '. e . . Owner unless such termination is due to Owner's failure of proper ownership or authority, or such termination is a result of Owner's default. 12. Default. If either party is in default under this Agreement for a period of (a) 30 days following receipt of notice from the non-defaulting party with respect to a default which may be cured solely by the payment of money, or (b) 30 days following receipt of notice from the non-defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non-defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement. If the non-monetary default may not be reasonably be cured within a 30-day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such 30-day period and proceeds with due diligence to fully cure the default. 13. Indemnity. Owner and APT each indemnifies the other against and holds the other harmless from any and all costs (including reasonable attorneys' fees) and claims of liability or loss which arise out of the ownership, use and/or occupancy of the Site by the indemnifYing party. This indemnity does not apply to any claims arising from the sole negligence or intentional misconduct of the indemnified party. Owner does not waive its tort liability limits under Minnesota state statutes. The indemnity obligations under this Paragraph will survive termination of this Agreement. 14. Hazardous Substances. Owner represents that it has no knowledge of any substance, chemical or waste (collectively, "substance") on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. APT will not introduce or use any such substance on the Site in violation of any applicable law, 15. Subordination and Non-Disturbance. This Agreement is subordinate to any mortgage or deed of trust now of record against the Site. However, promptly after the Agreement is fully executed, Owner will use diligent efforts to obtain a non-disturbance agreement reasonably acceptable to APT from the holder of any such mortgage or deed of trust. 16. Taxes, APT will be responsible for payment of all personal property taxes assessed directly upon and arising solely from its use of the communications facility on the Site. APT will pay to Owner any increase in real property taxes attributable solely to any improvements to the Site made by APT within 60 days after receipt of satisfactory documentation indicating calculation of APT's share of such real estate taxes and payment of the real estate taxes by Owner. Owner will pay when due all other real estate taxes and assessments attributable to the property of Owner of which the Site is a part. 17, Insurance. APT will procure and maintain commercial general liability insurance, with limits of not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage liability, with a certificate of insurance to be furnished to Owner within 30 days of written request. Such policy will provide that cancellation will not occur without at least 30 days prior written notice to Owner. Each party hereby waives its right of recovery against the other for any loss or damage covered by any insurance policies maintained by the Site Number: Site Name: Markel: AIN511 Arden Hills WT Minneapolis [3] { . walvmg party. Each party will cause each insurance policy obtained by it to provide that the insurance company waives all rights of recovery against the other party in connection with a any damage covered by such policy. .. IS. Maintenance. APT will be responsible for repairing and maintaining the PCS system and any other improvements installed by APT at the Site in a proper operating and reasonably safe condition; provided, however if any such repair or maintenance is required due to the acts of Owner, its agents or employees, Owner shall reimburse APT for the reasonable costs incurred by APT to restore the damaged areas to the condition which existed immediately prior thereto. Owner will maintain and repair all other portions of the property of which the Site is a part in a proper operating and reasonably safe condition. 19. Miscellaneous. (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreement; (b) this Agreement is governed by the laws of the state in which the Site is located; (c) if requested by APT, Owner agrees promptly to execute and deliver to APT a recordable Memorandum of this Agreement in the form of Exhibit B: (d) this Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to this Agreement must be in writing and executed by both parties; (e) if any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; and (f) the prevailing party in a any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce .. the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party, 20. Non-Binding Until Fully Executed. This Agreement is for discussion purposes only and does not constitute a formal offer by either party. This Agreement is not and shall not be binding on either party until and unless it is fully executed by both parties. 21. Exhibits. The following Exhibits are attached to and made a part of this Agreement: Exhibits A and B. THIS DOCUMENT IS CONTINUED ON THE FOLLOWING PAGE [SIGNATURES APPEAR ON THE FOLLOWING PAGE] THE REMAINDER OF THIS PAGE IS DELIBERATELY LEFT BLANK e Site Number; Site Name: Markel: AINSI) Arden Hills wr 'Minneapolis [4] . , e e e The Effective Date of this Lease ("Effective Date") is the date of execution by the last party to sign. LANDLORD: By: Printed Name: City of Arden Hills 4364 West Round Lake Road Arden Hills Minnesota 55112-5794 Its: Date: Dennis Probst Mayor By: Printed Name: Its: Date: Joe Lynch City Administrator TENANT: By: Printed Name: Its: Date: APT Minneapolis, Inc., A Delaware corporation Michael O'Rourke Director of Engineering and Operations Site Number: Site Name: Market: AINSll Arden Hills WT Minneapolis [5] EXHIBIT A Legal Description The Owner's property is legally described as follows: Real property in Ramsey County, Minnesota, described as follows: The North 240 feet of the East 150 feet of the Northwest One Quarter of the Southeast One Quarter, in Section 27, Township 30, Range 23, Ramsey County, Minnesota. Property Tax Parcel Number: 27-30-23-23-42-0001-2 The location of the Site and the access and utilities easements are more particularly described and depicted on the attached drawings numbered: 1. AIN511-Tl (Project Information and General Notes) 2. AIN511-Cl (Site Plan and Enlarged Plan) 3. AIN511-AI (Elevation, Sections and Details) 4, A1N511-EI (Power and Grounding Plan) Site Number: Site Name: Market: AIN511 Arden Hills WT l\.1:inneapolis [A-I] . e e e . , . . e EXHIBIT B Form of Memorandum of Agreement Memorandum of Agreement Between City of Arden Hills, a Minnesota municipal corporation ("Owner") and APT Minneapolis, Inc., a Delaware corporation ("APT") A Site Agreement ("Agreement") by and between the City of Arden Hills, a Minnesota municipal corporation ("Owner") and APT Minneapolis, Inc., a Delaware corporation ("APT") was made regarding the following property: See Attached Exhibit "A" incorporated herein for all purposes The Agreement is for a term of five (5) years and will commence on the date as set forth in the Agreement (the "Commencement Date") and shall terminate at 11 :59 P.M. on the last day of the month in which the fifth (5th) anniversary of the Commencement Date shall have occurred, APT shall have the right to extend this Agreement for four (4) additional, five-year terms. IN WITNESS WHEREOF, the memorandum on the day of date of the last party to sign). parties hereto have respectively executed this , 200 _ (effective as of the LANDLORD: City of Arden Hills, a Minnesota municipal corporation By: Printed Name: Its: EXHIBIT - DO NOT SIGN Date: By: Printed Name: EXHIBIT - DO NOT SIGN Its: Date: Site Number: Site Name: Market: AIN511 Arden Hills WT Minneapolis [B-1] . " TENANT: APT Minneapolis, Inc., A Delaware corporation . By: Printed Name: EXHIBIT -DO NOT SIGN Its: Date: ADDRESS: APT Minneapolis, Inc., P.O. Box 31793 8410 West Bryn Mawr Avenue, Suite 1100 Chicago, Illinois 60631 Attn: External Affairs Department With a copy to: APT Minnea,j;olis, Inc. SOO West 78 Street, Suite 400 Minneapolis, Minnesota 55439-2514 Attn: Leasing Administrator [Notary block/or Landlord) [Notary block/or Tenant) . THIS DOCUMENT PREPARED BY AND AFTER RECORDING RETURN TO: APT Minneapolis, Ine, 8000 West 78th Street, Suite 400 Minneapolis, Minnesota 55439-2514 Attn: Leasing Administrator . SiteNllmber: Site Name: Market: AIN511 Arden Hills WT Minneapolis [B-2] . e EXHIBIT A TO MEMORANDUM OF AGREEMENT The Owner's property is legally described as follows: Real property in Ramsey County, Minnesota, described as follows: The North 240 feet of the East 150 feet of the Northwest One Quarter of the Southeast One Quarter, in Section 27, Township 30, Range 23, Ramsey County, Minnesota. Property Tax Parcel Number: 27-30-23-23-42-0001-2 . tit Site Number: Site Name; Market: AIN511 Arden Hills WT Minneapolis [A-I] [ . Planning Case 00-17 Welsh and Hood Flexible Packaging 1987 and 1887 Gateway Blvd. Planned Unit Development Amendment '['i// I;:; o 'V C ;ll ii..,.~__ "LE1:, :' , . ., . i. _~r '\& 'i i.;' ; .; : ~ i1' I:;; <"il ;;;.' i.:;' , :,i ;, .o, ;1 !U , ;,." i',.-:"" ',;.;;'" i',,; \' . . ;:,:r,'-.~~~;-~~c;~~;~c'~""~'_::'~"~"~~~'c"==;~'.~o,..o=~":c-~,-_c-:"~r~oc;~==",c\,:~">",, ~..' " .' !id 1/ --~-~ -~~~ ~~_";dL;::(,;;--,:::/-<: .' '-;:ii i' .' :';! t;' ::; D ii! 0 :':1! 0 .!, [) N A 2000 , o 2000 4000 Feet , e CITY OF ARDEN HILLS MEMORANDUM DATE: April 24, 2000 TO: Mayor and City Council FROM: Nancy Randall, Associate Planuer SUBJECT: Case #0017a, Planned Unit Development Welsch and Hood Flexable Packal(inl( 1887 Gateway Blvd. Request. The applicant is requesting to amend the Planned Unit Development to allow the placement of two exterior solvent storage tanks, a catalytic oxidizer, and to expand an existing dock door at 1887 Gateway Blvd. (Exhibit A). e The original application also had a request to modify the Planned Unit Development to allow for staff approval of several items. The Planning Commission has split this request into two cases, 17a and 17b, Item17b is still being reviewed by the Planning Commission. Background. The proposed Catalytic Oxidizer removes solvent emissions from the printing processes. The applicant claims it removes 98 percent of the solvent vapors from the process. The solvent tanks hold primarily Normal Propyl and Ethyl Alcohol. They are both classified as flammable liquids. The tanks will meet the Minnesota Pollution Control Agency (MPCA) requirements, A building permit is required for the installation and the tanks will need to meet the building/fire code. The Zoning Ordinance in Section CI, G, 3, b, (1), requires that all exterior storage shall be screened from public view. The applicant is proposing two exterior items. They are proposing to screen them using cedar wood fencing painted to match the building, They are also proposing bollards at each corner of the solvent tank fencing and one on the corner of the, oxidizer fencing, as requested by staff. The applicant is proposing two bays be filled with blow-out panels, eliminating the stairway/entry door in front ofthe oxidizer, and one bay be expanded to 14 by 14 feet. It also appears that the door in front of the solvent tanks will not be usable once the tanks are installed. e Staffhas some concerns with the use of the dock door next to the oxidizer. It appears this will be a very tight area with the possibility of the fence being damaged. Staff recommends this not be used once the oxidizer is in place. , Deadline for Agency Actions. The City of Arden Hills received a complete application for this request on Thursday, March 9, 2000, Pursuant to Minnesota State Statute, the City must act on this request by Monday, May 8, 2000 (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 7, 2000. The City may, with the petitioners' consent, extend the review period beyond the Friday, July 7,2000, date. e Lastly, ifthe City denies the petitioners' request," .,. it must state in writing, the reasons for denial at the time that it denies the request." Recommeudation. The Planning Commission recommends approval of Planning Case 00-17a, Planned Unit Development, to allow for a Catalytic Oxidizer, two solvent tanks, and the enlargement of en existing dock door with the following conditions: 1, A minimum of three protective bollards be placed to protect the fence structure. 2. Dock door closest to the oxidizer not be used once the oxidizer is in place. 3. Solvent tank and Oxidizer screening be cedar wood construction painted to match the building. 4. Screen all rooftop mechanical devices per code requirements, 5. Placement of Solvent tanks meet Building/Fire code regulations. 6, No detectable odors form the printing process be present on the exterior of the building. e Update. Staff handed out a revised site plan at the Planning Commission meeting showing the solvent tanks out 10 feet from the building to meet the fire code requirements (Exhibit E). Other attachments were distributed as part of the Planning Commission packet. e , fiql I I ---------~ e . ,...... \f"JM ~~r<'I.~\J~rc;.~-/..'11 ~ II I. . , -----, I I_J . : i B I . r---------------' I I I I I I I I I I I I I I I I L_______________~ . . I I . I : I . . . . . . I ffffi3 cecco . . . 00 OJ [I] . . ----I _____..lI lil 'I <- ,oh r ~ ~ll~ W 0 - ~ t ;lI i f E E 1 . . ~ I 51 '. . . . I ---, ~l I_J . i I I I iiI 01 I I' I! I ..... ....-. v ,.c., ~~ -,,~ , Gi. I ". ---1 ----.I "s !IIUi m i!: ~~I >%; i :.. g! ~I ~'I ~g I- ~I ~ i~~ iii ~~alia Ill'" ." ... I!ii!; a~11 ~! ~ J i , . , . : rn":t:::'l : J)' i I..:.. ! :..~ ~ ni.- I ~) :n! : .._-j....... ."W"'~.'.- : ''''....1 tiiiH! "U' 'Or;,. " ,.. ... .d __.n. ...._. f) '1 T 'n . '"1 ,I , Sll'':''''d~ "~; b V ',Ii !..: .' . . . ._r , .. , , . _~:::.:.:..:::l.J 'I j l' "I :..on J!'_uu J :J --. .-- J:.,:.'.L :11 .i "I -- II I! ..... ,. I~ I . II I II ~ ~I A ~I ~ ----t------T-- I I I \ *' \ I \ tti ~ )r" ,~ tr" )iil: .j, )= ", Planning Case 00-18 Armstrong, Toseth, Skold & Rydun, Inc. Mounds View ffigh School 1900 Valentine Lake Road Special Use Permit Amendment ~,2~~~:~tlo ~~';!l? :--=:~,; T ---.'"7 ----~:~:.:~,;>;:=~::.::--.:~:::.:.----.---- __.___ _."_ _~==~ -::--:-:--:::='--=-..c.:.::_-c,..~..::,=--::c----____ . ,-,'''' if -_: '::"- ;";'11..;;'.'..... )/: . . . ~ 2000 Feet 1000 , o 1000 N A It . . CITY OF ARDEN HILLS MEMORANDUM DATE: April 24, 2000 TO: Mayor and City Council FROM: Nancy Randall, Associate Planner SUBJECT: Planning Case #00-18, SUP Mounds View High School, 1900 Valentine Lake Road Request. The applicant requests approval of an amendment to their Special Use Permit (SUP) for Mounds View Senior High School (Exhibit A), Backgrouud. Mounds View High School is currently operating on a SUP, which was issued in September 1978, in Planning Case #78-23 (Exhibit B). In February 1984, the City Council approved a SUP for the site Master Plan, only a Site Plan Review process would be required rather than amending the SUP. City staff has determined that due to the building addition and major changes proposed we would process the request as a SUP amendment. In the future, minor changes would still be able to be processed as a Site Plan Review, The intention ofthe Master Plan is to establish the long range vision for the campus, including a physical plan and also specific land use control (i.e. lot coverage, parking requirements, etc,) They are proposing several additions to the building. The additions will use similar materials to the existing building. The added areas include the main entrance, auditorium, orchestra/choir area, storage, computer lab, staff dining area, wood shop, and classrooms, Discussion. The property is accessed off of Lake Valentine Road, They currently have five access points, They are proposing to eliminate one ofthe access points. The campus currently has one main loop for busses and parents/students drop off and pick up. The proposed plan would modifY this, creating a separate loop for bus traffic and parent/student drop off. They are also proposing an emergency vehicle drive looping entirely around the school. They are proposing to remove the baseball field to add in three full sized soccer fields and one practice field, The baseball field will not be relocated on this site. Currently on the west side of the building there area two temporary classrooms, These would both be removed with the proposed expansion. Parking Requirements. Section VI, F, 1, j requires 1 parking space for each school employee plus one space per 4 students, The site should have a total of 689 parking spaces (according to the enrolment listed above). They are currently under the required number. Staff has had several problems with parking around the school. There are no parking signs in several areas. The Public Works Director has written a memo responding to the problems with student parking on public streets around the school (Exhibit C). - The number of parking spaces provided on the site determines handicapped parking, They currently have 16 handicap parking spaces, The new proposed plan show 503 parking spaces, which require 11 handicapped spaces, They are proposing a total of 12 handicapped parking spaces. They meet the required handicapped parking; however, they should have 663 parking spaces total, thus requiring 14 handicapped parking spaces. Lighting, Zoning Ordinance Section VI, E, 3, regulates lighting. All lighting must direct light away from adjoining lots and public streets, the source of illumination shall be concealed, and the light shall not cast light that exceeds one foot candle on adjoining property. The proposed lighting plan meets the requirements of the Zoning Ordinance (Exhibit D). It has recently been brought to staffs attention that residents have several concerns regarding the lights constructed last fall on the south side ofthe parking lot. The lights were approved by staff with the stipulation that they meet the lighting ordinance. It is staffs understanding that one ofthe concerns includes the color ofthe lighting. The new lights are white, where the lighting in the past has been yellow, We do not currently have color restrictions for lighting. It is our understanding that some of the existing lights are on timers. Staff recommends all lighting (except a select few for security) be on timers to be shut offby 10 p.m., unless there is a school event, which is later than 10 p.m. -- Minimal grading will be done with this project. Rice Creek Watershed District approval is required. The project is expected to take approximately 2 years to complete. The applicant has supplied a preliminary phasing plan. (Exhibit E) Deadline for Agency Actions. The City of Arden Hills received the completed application for this request on March 6, 2000. Pursuant to Minnesota State Statute, the City must act on this request by May 5, 2000 (60 days), unless the City provided the petitioner with written reasons for the additional 60 day review period. The additional review period would extend to July 4,2000. The City may, with the petitioner's consent, extend the review period beyond the July 4, 2000, date. Lastly, ifthe City denies the petitioner's request "...it must state in writing the reason for the denial at the time that it denies the request." Recommendations. The Planning Commission recommends approval ofthe Special Use Permit, in Planning Case #00-18, subject to the following conditions: 1. Compliance with the height for structures; 2. Approval of Rice Creek Watershed District; 3. Compliance with the Lighting Standards of the Zoning Ordinance; 4. All lighting (except a select few for security) be on timers to be shut off by 10 p.m" unless there is a school event which is later than I 0 p.m. 5, Remove temporary classrooms. . '. It . . 6. Add three fire hydrants as requested by the Fire Inspector. 7. Parking be reconfigured for zero (0) loss from current number of parking spaces located on the property. Updates, The applicant has made several modifications to the proposed plan presented to the Planning Commission. Staff has highlighted the areas on Exhibit F 1/2. Some of the items include turn-a-round areas requested by the Fire Inspector, reduction in the building addition in two locations, and the addition of29 parking spaces. The Planning Commission recommended the proposed plan be reconfigured for a zero loss in parking from the current number of parking spaces located on the property. The applicant has modified the proposed plan to add parking showing five additional spaces to the existing parking. Eight of the parking spaces do not comply with the size standards in the Zoning Code, P arkine: Summary Locatiou Existing Original New Proposal Required ProDosal Student Lot 460 426 431 Staff (rear lot and 9 40 64 drive) Tennis Court Area 17 8 8 Main Entrance 12 o (80 special o (80 special event*) event*) Total 498 474 503 689 * Please note the Fire Inspector has notified staff that parking in main entrance loop for special events will be prohibited for fire access purposes. As stated previously, some of the parking stalls and drive widths do not meet the City Zoning Code standards. The parking spaces along the tennis courts are only 17 feet long, where 18 feet is required. Staff also has some concerns with the traffic flow into the main parking lot and to the back parking stalls, The width is 20 feet where 24 feet is required. The parking spaces that close to the entrance may cause problems. Staff would recommend redesigning this area. This site is currently served with sewer and water. The water line, however, may require some modifications, This item will be addressed under separate cover. Other attachments were previously distributed with Planning Commission packet. ~~ ;~ ~ · Pi i ~ I ~ (' /' ---\ \ /'/' \ /'/' \ \ /' \\ \ \ /' ;> v/, /' (' \ \ \ \ \ \ \ \ .) /' . " r'. , . . . , --'~ - ;;..- .;;- m } I '.. < \ \ \ ,!. .~ i (' \ \ /' \ /'/'---\ \ /' /' /' /' V/'/'/' /' \ !~ i , ~ ~\l i ~ i I ,\\\ i 'if; ") t ~ \\ \, ~, ~ \ , ~nl~!~~1 in ~.~ ~ . . ~ ~ . . , . Y- o .... m......,....~,..,.,,_...__. ~ ~ _.....::I.-.....',..,.~h~. .. , /.1 .m_.__._..__.<~.< '. /.?'/ ~ P " / %1-" . , /..<;/ ~;;:/ . " /~ //' ~ --::~:; --~YI' - ~ ~ /' ill. Pjf \ , ~ > !Il \ ~.~ \ ~ f, ~ \! /' ---\ l~l! /' J;-- /' \ T~ ~ /' /' .....,ttiJU...,...... ill. ~! , , ~ ~ \j , 0. I . \~ '--18 ~. :l; ~ :"',""':-.- ':i:ifi!i!! , ~ , , - \\ r \-j"'""~'~"!\ / ~,L_ /-- ~ ,~ "~ / \ / ~ j- ,~ !\'. .~ / . \ I ,\ .. s , / ~ I I . 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(\.. ~, ~'-~" Ii !' , \\...._- <-:~..~~'::-: " , >,:-:~>-- 400 o 400 800 Feet N A , -- tit tit CITY OF ARDEN HILLS MEMORANDUM DATE: April 24, 2000 TO: Mayor and City Council FROM: Nancy Raudall, Associate Planner SUBJECT: Planning Case #00-19, Variance (Front Yard Setback) Jeff LaN ass a, 3153 Shoreline Lane Request. The applicant is requesting approval of a front yard setback variance (28 feet proposed, when 40 feet is required) for an addition and two car garage on a single-family lot zoned R-2 (Exhibit A). Background. The applicant currently does not have a garage or driveway. They have a few parking spaces on a short drive just off Shoreline Lane. The proposed garage would be 643 square feet (23'-6" by 27'-4"), The garage is proposed to be 27'-4" however; they are proposing a 3- foot wide stairway in the rear of the garage. The addition is proposed to be 25 by 28 feet and would have additional bedroom space. To connect an addition or garage to the house two bedrooms would be eliminated leaving only one bedroom. The addition and garage will be constructed using similar materials to the existing home. Alternative locations were reviewed, such as reducing the addition or moving everything behind the front setback line, The lot has the space to accommodate the addition and garage in the buildable area however; the slope from Shoreline Lane to the front of the home would create a drainage problem for the garage. Findings - Front Yard Setback Variance (addition and garage). The Staff would conclude that the following factors relate to the requested variance: 1. Circumstances not created bv the landowner: The slope of the lot makes it difficult to add a garage in front of the existing home without causing drainage problems. 2. Reasonable development: Other properties in the immediate area have a similar setback. The property currently does not have a garage. The proposed garage is not larger than necessary (standard two car), 3. Alternative locations: Moving the addition and garage back would cause drainage problems, There are ways of draining water around the garage entrance however; these tend to freeze in the winter/spring causing problems. 4. Minimization of request: The addition could be minimized allowing the garage to be moved back however; the further back the garage is placed the more drainage problems that will occur. The additional bedrooms are not needed if the existing bedrooms were not disturbed by a hallway. Deadline for Agency Actions. The City of Arden Hills received the completed application for this request on March 7, 2000. Pursuant to Minnesota State Statute, the City must act on this request by Friday May 5, 2000 (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 3, 2000. The City may, with the petitioners consent, extend the review period beyond the Monday, July 3, 2000, date. Lastly, if the City denies the petitioners request, "...it must state in writing the reasons for the denial at the time that it denies the request." Recommendatious. The Planning Commission recommends approval of Planning Case #00-19, front yard setback variance (27 feet proposed, where 40 feet is required) for an addition and garage as proposed based on the "Findings - Front Yard Setback Variance (addition and garage)" section ofthis Staff report with the following condition: 1. If the structure is damage in excess of the building code threshold for damage the variance would no longer be valid. Note: Zoning Ordinance Section VIII, E, 4, states no application which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of said order of denial. 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