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HomeMy WebLinkAboutCCP 10-29-2001 4 . . . ~ ~~HILLS FIL( C", AGENDA CITY COUNCIL MEETING, CITY HALL MONDAY, OCTOBER 29, 20Ot, 6:30 P.M. ****NOTEC<;; C11'Y 6:30P.M. NEW CITY HALL ORIENTATION 7:30 P.M. 7:30 P.M. 7:30 P.M. 7;40 P.M. City Philosophv To provide a basic and necessary scope of quality services through the innovative and purposeful use of resources. 1. Call to Order 2. Approval of Meeting Agenda 3. Approval of Minutes a. September 24, 2001 Regular Council Minutes b. October 15, 2001 Council Worksession Minutes 4. Consent Calendar Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar fonnat. 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 nonnal sequence on the agenda. a. b. Claims and Payroll Pavement Management Plan (PMP) Standards, Definition of "Neighborhood" Street Width Res. #01-19, Resolution Adopting and Confirming Armual Special Assessments for Delinquent Utilities Residential Recycling Progran1 I. Res. #01-20, Resolution Establishing Rate for 2002 Curbside Recycling Program 2. Res. #01-21, Resolution Authorizing Application for Recycling Grant Funds for 2002 c. d. -~ .."" \ * .'~ ~ ~;;',iil.') 'J; .,. ;j<f."'v ~ AGENDA - PAGE TWO CITY COUNCIL MEETING, CITY HALL MONDAY, OCTOBER 29,2001,6:30 P.M. . 4. Consent Calendar, Continued e. Res. #01-22, Resolution Electing to Continue Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act, Calendar Year 2002 f. Shoreline Lane, Josephine East LLC, Acceptance of Dedicated Street g. Res. #01-18, Resolution Relating to the Restrictions on the Use and Sale of Phosphorous Lawn Fertilizers, Calendar Year 2002 F erti lizer/Le gislati on 7:45 P.M. 5. Public Comments This is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. 7:55 P.M. 6. Unfinished and New Business . a. Planning Cases I. Case #01-25, Guidant Corporation, 4201 - 4233 North Lexington Avenue, Sign Ordinance Variance (Water Tower Signage) 2. Case #01-26, McKinley Companies, 4420 Hamline Avenue North, Minor Subdivision/Lot Split Parcel 3. Case #01-22, Beacon Construction, County Road E-2 and Cleveland, Rezoning, Comprehensive Plan Amendment, Master and Final Planned Unit Development 4. Case #01-15, City of Arden Hills, Flood Plain Ordinance b. Citv Hall Proiect I. Purchase Order #16934, T.A. Schifsky and Sons, Inc. (Right Turn Lane) 2. Pay Request #12, Rochon Construction 8:30 P.M. 7. Administrator Comments 8:45 P.M. 8. Council Comments 9:00 P.M. 9. Adjourn The above times may vary depending upon length of issue discllssion. . ~ . . 1 e e e CITY OJ? ARDEN HILLS, MINNESOTA ['\ REGULAR CITY COUNCIL MEETING b~ SEPTEMBER 24, 2001 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:32 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem. Absent: None. Also present were City Administrator, Joe Lynch; City Accountant, Terrance Post; City Attomey, Jerry Filla, City Planner, Aaron Parrish; City Engineer, Greg Brown, BRW; and Recording Secretary, Nancy Czajkowski. APPROVAL OF MEETING AGENDA Mr. Lynch explained Consent Agenda Item 4 b should be removed. He stated there was no bench handout due to technical difficulties. MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to adopt the agenda for the September 24,2001, regular City Council meeting as revised. The motion carried unanimously (5-0). APPROVAL OF MINUTES A. August 13,2001 Regular Council Meeting Minutes, Corrected B. August 27, 2001 Regular Council Minutes C. September 12, 2001 Special Council Minutes, Pavement Management Plan Discussion Councilmember Larson requested the following change to the August 13, 2001 Regular Council Meeting Minutes, Corrected, on page 2, in the third paragraph, insert "necessary" after "bank qualification was". Councilmember Larson requested the following changes to the August 27, 2001 Regular Council Minutes: 1. On page 3, Administrator Comments, in the third paragraph, replace "devise" with "device" . 2. On page 4, in the first paragraph, Councilmember Larson was frustrated by the fact there was no progress and not by the issue. On page 4, in the sixth paragraph, in the first sentence, insert "for a study" after "RFP". On page 5, in the third paragraph, in the seventh line, replace "public works situation" with "public works position". o .). 4. ARDE"l HILLS CITY COUNCIL- SEPTEMBER 24, 2001 r '\ i.~' ,r ,L",;.,. -: ~ ~..! ,or'? ~:." I:' - 5. On page 6, in the third paragraph, in thc fourth line, replace "He noted he" with "he noted they". On page, at the top of the page in the first paragraph, replace "the gentleman" with "Mr. Vaughan". e 6. Councilmember Rem requested the following change to the August 13,2001 Regular Council Meeting minutes, Corrected, in the last paragraph before adjournment, the reference should be to "Lake Valentine Road". Mayor Probst requested the following change to the August 27,2001, Regular Council Meeting minutes: on Page 5, in the fourth paragraph, replace "had to" with "should". MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve the August 13,2001 Regular Council Meeting minutes, the August 27, 2001 Regular Council Meeting minutes, as amended, and the September 12,2001 Special Council minutes, Pavement Management Plan Discussion minutes as presented above. The motion carried unanimously (5-0). CONSENT CALENDAR A. Claims and Payroll Mr. Lynch explained that on the bill list the item referencing tennis instruction for Ms. Sheila a Stowe] I was actually mileage reimbursement for trips. ., MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. Ms. Carol Linders, 1945 Glen Paul Avenue, asked about the arrangement for the neighborhood meeting on October 1, 2001, at the last City Council meeting. She stated that only a few neighbors had heard about it. Mr. Lynch stated staff identified an area to notify. He noted there was not a clear line. He added no one north of Glenpaul Avenue or south of County Road D was given notice. He stated they gave notice to the block coordinators. Ms. Linders stated her block coordinator did not get a notice. She noted that other block coordinators in her area did not receive a notice. Mayor Probst asked Ms. Linders to forward the names of the Block Coordinators to Mr. Lynch. e e . e ARDEN HILLS ClTY COUNCIL - SEPTEMBER 24, 2001 Li<-'''' L...!, f'u, I ~,' f.... . .) Ms. Linders questioned the location ofthe meeting. She stated Trinity Lutheran was so much more convenient. She noted she had never been on the Northwestern campus. She added Mr. Dan Lindh had said that it may be a conflict of interest to have the mecting at Trinity Lutheran. She stated that was a petty point. Mayor Probst stated he was not sure he would agree that the Northwestern campus was not a neutral site. Couneilmember Rem stated that it was the first time she had seen this notice. She noted her understanding that the notice would go to the neighborhood three streets south of the fire station. She added she did not recall a discussion about the site ofthe meeting. She stated Trinity Lutheran was the location where one neighborhood group had its annual meeting. Ms. Jane Palumbo, a resident of Glenpaul Avenue, stated she wanted to make it clear they were not anti-change. She noted they would like to see improvements on that corner. She added they also see it as a gateway to Arden Hills. She stated that since there were no final decisions she hoped there was room for discussion, compromise, and negotiation. She noted they did not want to be shut out until the final decision was made. She added that she assumed there was no problem sharing information. She stated she had been disappointed by the lack of sharing information. She noted she hoped that the meeting next Monday would be an open discussion about possibilities. She requested the rest of the Glen Paul residents be sent invitations from Prior Street to Cleveland Avenue. Mayor Probst stated he urged any residents present to get the word out. He noted they had no problem sending out additional invitations. Ms. Palumbo stated she hoped the Councilmembers would be able to be there. Mayor Probst stated it had been noticed as a council meeting so all the Councilmembers could be there. Councilmember Larson asked about Ms. Palumbo's comment regarding trouble getting information. He stated he was not sure what the city had to give her and what she had not received. Ms. Palumbo responded they had asked specifically what had transpired with Presbyterian Homes on August 7, 2001. She stated they were told nothing had happened and that the city had not received a note or a telephone call. She noted Mr. Aaron Parrish said meetings had been held since last December. She added each time they wanted to discuss it they were told there was no final decision. She stated there was no one document. She noted they felt they were pushed out of the process and did not get invitations for the meeting. She added they had the impression they were not told the truth. Mayor Probst stated he did not feel that was accurate. He noted the issue was raised at the last meeting. He added those comments were made by a staff member who was unaware of the discussions. Ms. Palumbo stated notes in the file lead them to believe Mr. Moore was aware ofthe discussions. ARDE'" HILLS CITY COUNCIL - SEPTEMBER 24, 2001 '::p 4 Councilmember Aplikowski stated many time discussions go ou and nothing happens. She noted e it was similar to if one of them had stated they were thinking about selling their house. She added discussions could go on and on and on and nothing happens. She stated there were two other plans for that comer in the past and they did not materialize. She noted there had been discussions, but nothing had happened yet. She added to staff until there was a formal proposal nothing had happened worthy of note. She stated sometimes there were years of discussions before a forn1al plan was presented. Ms. Palumbo stated she hopcd it had been a misunderstanding. She noted the neighborhood heard about it when someone stated he or she had a contract to build a building. She added that was upsetting for them. Councilmember Rem stated the basic issue was that the neighbors were asking for information. She noted she was disappointed to see they were starting off on the wrong foot again in a neighborhood project. She added a little effort early in the process could save many problems. She stated she does not understand why they were told nothing had happened on August 7, 2001. She apologized for the response that was given. Ms. Linders suggested that, in the communication area, the City update the website. She stated she had searched through the minutes listed last August and the last update was April. She noted that on September 4th the agendas were finally available. She added Mr. Moore had mentioned that Presbyterian Homes was a good neighbor by hosting the city's web site. She stated that Ai seemed to be a conflict of interest. _ Mayor Probst stated that Presbyterian Homes does not host the web site. Councilmember Rem stated the entire council packet was at the library by the Saturday prior to a meeting. Councilmember Larson stated it was their intent to keep the website up to date. He noted the Council was very enthusiastic about it. Ms. Linders stated the web site was very convenient. Mayor Probst stated he was disturbed by the lack of trust. He noted he was not sure how they find themselves in this position. He added the city was approached all the time about projects. He stated some of the projects were so absurd that it was hard to know when it was appropriate to tell the public. He noted the city still does not know Presbyterian Homes intentions on how big or how small of a building they were interested in. He added the city knows that Presbyterian Homes was interested in cleaning up that comer since they view it as their front door. He stated the city's intent was to follow this matter. He noted as information was available the city would try to make it available. He encouraged the people present to let others know about the October 1,2001 meeting. Ms. Rebecca Tabor, 1966 Edgewater Avenue, stated that she had spoken to Mr. Joe Lynch this summer. She noted Mr. Lynch was professional and responsive. She added he had responded e ARDEN HILLS CITY COUNCIL ~ SEPTEMBER 24, 2001 5 e quickly and promptly. She referenced a copy of a Star Tribune article of September 4, 2001. She noted the article quoted employers stating there was a housing crunch. She added it quoted Mr. Dan Lindh. She stated the articles explained about matching grants. She noted the article stated Presbyterian Homes was interested in providing housing for their employees. She asked if the city was aware of the 75 housing units in the Roseville and Arden Hills areas referenced in the article. Mr. Lynch stated staff was unaware of those plans. He noted Presbyterian Homes did own property in Roseville. He added he did not know their intentions. Ms. Tabor asked if the city would be notified if Presbyterian Homes applied for matching funds. Mr. Lynch responded not necessarily. Mayor Probst stated there was no legal notification by the state to the city. Ms. Tabor stated Presb}1erian Homes was getting $ 1.5 million for the Stillwater area. She noted she assumed Presbyterian Homes would want matching money. Mayor Probst stated the discussion about the triangle was for residential uses over commercial units. Mr. Lynch responded they had only discussed six residential units. e Ms. Tabor stated she lived two blocks from that comer. She asked when the zoning was changed the last time. Mr. Parrish responded the zoning was changed last year to neighborhood business district. Mr. Lynch stated there was an amendment, but it had been zoned neighborhood business for about four or five years. Ms. Tabor asked about a Neighborhood Business Zone. Mr. Lynch responded it allows commercial uses. Ms. Tabor asked about housing. Mr. Lynch responded the amendment last year allowed housing in all neighborhood business districts. Ms. Tabor asked about light retail commercial. Mayor Probst stated it would allow commercial uses that were pedestrian friendly. He noted it allowed uses helpful to the neighborhood. Ms. Tabor asked if it would allow 20 residential units. Mayor Probst responded that the limit of each parcel was site specific. He stated he would not know about this parcel until they receive a formal proposal. Couneilmember Aplikowski stated that from a developer's perspective they were always discussing concept options with the planning staff. She noted sometimes they need to float as many as ten before they have one to move forward on. She added staff was not hiding anything. e She stated there was no formal proposal in front ofthe council to discuss. No further public comments were made. ARDEN HILLS CITY COUNCIL - SEPTEMBER 24,2001 6 UNFINISHED AND NEW BUSINESS e A. Planuinl'. Cases 1. Case #01-25, Guidaut Corporatiou, 4201-4233 N. Lexington Ave., Sign Ordinance Variance Mr. Parrish explained the request. Couneilmember Rem asked what concerns the Planning Commission had with the application. Mr. Parrish responded the primary concern was the image issue. He stated with "Guidant" on the tower it could be mistaken for the City of Guidant. He noted they also had difficulty finding a specific hardship related to the physical characteristics of the site. Mayor Probst stated there was no problem with the two monument signs. He noted the size of campus would lend itself to these signs. He added if the campus was ever divided it would be able to have two such signs. He stated he was concerned about the water tower. He noted that if someone else comes in with a device just as high, what grounds would the city use to deny the request. He added he would like to defer the decision until staff finds out what happens in other communities. Councilmember Aplikowski stated after viewing the pictures, there was a view where no e one could see the tower beyond a certain point. She noted that Guidant wants this to lead the way due to their split campus. She suggested a time limit on the approval. Councilmember Larson stated he drove around the neighborhood. He noted he had a real problem finding a justification for a hardship. He added his strong concern about setting a precedent. He noted the discussions about towers. He added these towers might be a possible location for signage. He stated he would support the other sign requests since they were reasonable. Councilmember Rem concurred with the request for information on other communities. Councilmember Grant stated he was not sure he agreed with the hardship found by the Planning Commission. He noted that if having a high structure and not using it was a hardship, than there could be a number of other high structures in Arden Hills that would he great places for a sign. Mr. Dan Riehle from Guidant, stated the water tower was on a 90-acre site. He noted the lettering was 2 feet 3 inches high. He noted it could not be read off campus. He added Guidant was going through a branding process to get its name known. He stated part of the criteria was that it could be read on campus, but not off campus. He noted the letters could not be read beyond 600 feet. He added there were many doctors that came on the . site. He stated it was an internal branding on site to advertise to customers and to build a sense of pride for employees on site. e e e ARDEN HILLS CITY COUNCIL - SEPTEMBER 24, 2001 7 Mayor Probst asked ifMr. Riehle was telling the Council that it was a marketing tool. He stated 27-inch letters would be able to be read beyond 600 feet. Mr. Riehle stated the hardship justification was done in conjunction with Mr. Mike Cronin. He noted they went through the county assessor and the assessor thought the name should be on the water tower. He added Guidant needed to paint it or take it down. He stated it was not an economic hardship. He noted they needed a variance because of the height. Mayor Probst asked about the 60-day response requirement. Mr. Parrish responded the Council needed to make a decision tonight or have the applicant waive the requirement. Councilmember Rem stated she was not saying she would never approve this, but felt she needed additional information on the long-term result of any precedent set by this decision. Couneilmember Aplikowski asked where the city had another structure that tall. She stated they would not allow another to be built. She questioned what precedential value this decision might have. She noted Guidant would not have to come before the Council if it were just painting the water tower. She added she did not see what problem there would be with putting their name on their tower in a decorous way. She stated it was the only private water tower. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve the monument signage on Lexington Avenue for the reasons and conditions contained in the staffreport. The motion carried unanimously (5- 0). Mr. Lynch stated Councilmember Aplikowski was correct that this was the only private water tower in Arden Hills. He noted the city would want to control any water towers built in the future. He added that antennas were structures that go through an approval process. He stated the Council would have control and authority over signage at the same height on any other structure. He noted buildings did not reach that height because of an ordinance limitation. He added he was not advocating for the sign. Mayor Probst asked if a deferral for 60 days would be a hardship. Mr. Riehle responded only from the standpoint of weather. He stated Guidant wanted to do this in conjunction with the signage on Lexington Avenue to announce the purchase of the property. Mayor Probst stated he was very uncomfortable with the decision since he did not feel he had enough information. He noted Guidant was a great corporate citizen. He added he was struggling with this issue. Councilmember Larson stated it was not an issue of letter height, but one of the height of the structure. He noted the city had other tall structures. He added taking this action made it harder for the council to say no to other signage on high structures. He stated that "'~ ARDEN HILLS CITY COUNCIL - SEPTEMBER 24, 2001 8 there was discussion of tall buildings on the I-35W/I-694 intersection. He noted it was not a good precedent that the city was establishing. He added he would like to postpone e the decision and wait for additional information. He stated if the Council denied this application, Guidant could not return with another request for six montlls. Mr. Parrish noted the sixteen-foot height limitation only applied to freestanding signs. He added it was unclear ifit applied to wall mounted signs. He stated the 50-foot office building down the road could have signage on it. MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve a variance for a water tower sign for the reasons and conditions contained in the staff report. The motion failed. (2-3 Larson, Rem, and Probst). Mr. Filla stated that if the applicant did not give the Council more time the Council's only alternative would be to deny the application. Councilmember Rem asked if the Council had formally asked for more time. Mr. Riehle responded Guidant could grant an extension in lieu of a denial. He stated he was concerned that sixty days would put them at the end of November and they would not be able to proceed this year. Mr. Lynch stated staff could be ready first at the first meeting in October with information on what other cities had done. e MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion to table the case until the October 29,2001 City Council Meeting. The motion carried unanimously (5-0). 2. Case #01-24, T.J. Food Ventures (Perkins), 3855 N. Lexington Avenue., Site Plan Review, Restaurant Expansion Mr. Parrish explained the application. He noted the additional condition that the eastem entrance be an "enter only" entrance due to traffic concerns. Mr. Tom Cory, the owner and operator, stated existing front entrance was intentionally redesigned so people would not think it was an entrance any longer. He noted Perkins required them to do a remodel or move the restaurant. He added it did not comply with American with Disabilities Act requirements. He stated these upgrades would address that and allow it to look like the new stores. He showed illustrations. He noted the dumpster was enclosed in brick to match the hotel next door and had a roof. Couneilmember Grant asked Mr. Cory what he thought of the third condition. Mr. Cory responded they had discussed it. He stated the lights at the intersection needed to be changed. He noted most of customers were doing it anyway. He added until the traffic signals were addressed they would have a continuous problem. He stated that with the .- Super Target, traffic was horrible. He noted the traffic signals should be stacked. He ., added the opening of the Target grocery store had added 18% to his business. __J> ARDEN HILLS CITY COUNCIL - SEPTEMBER 24,2001 9 e MOTION: Councilmember Grant moved and COllncilmember Larson seconded a motion to approve the site plan subject to the three conditions contained in the staffreport as recommended by Staff. The motion carried unanimously (5-0). 3. Case #01-26, McKiuley Companies, 4420 Hamline Avenue N., Minor SubdivisionlLot Split Parcel Mr. Parrish explained the application and the recommendation by the Planning Commission to deny the application. Councilmember Larson stated he recalled that in order for the lots behind this one to develop they needed access off Hamline Avenue. He asked if this lot split created a landlocked area behind it. Mr. Panish responded the lots behind this one had been developed. Councilmember Larson asked about what properties did the Planning Commission have concerns. Mr. Panish responded the properties adjacent on Hamline Avenue. Couneilmember Aplikowski asked if each parcel had an individual owner. Mr. Parrish responded in the affirmative. e Mr. Brian Sladek stated his parents purchased this lot in 1970. He noted he took over ownership in 1995. He added his parents had received approval in 1978 to split the lot. He added it was taken off the market when no buyer was found. He stated he assumed he had the same right to split the parcel his parents were given in 1978. Mr. David Venessey, a friend ofMr. Sladek, stated the Planning Commission was looking for a hardship. He noted that years ago Mr. Sladek's parents paid an assessment to have water and sewer stubbed in for the second lot. He added since that time the code had been changed. He stated the only issue was the width of the lot. He noted the house was set off to one side to set up the lot split. He added the other properties had centered homes. He stated those lots were not as big as this lot. Mr. Parrish stated he picked up these eases from the Planning Consultant. He noted that if the applicant could acquire 13 feet from the property to the south then this would be a conforming lot. He added he did not know if the applicant had considered this solution. Mr. Sladek responded he was not open to that suggestion. Councilmember Aplikowski stated if the applicant acquired 13 feet, it would make the neighbor's lot to the south oddly shaped. Mr. Parrish responded in the affirmative. Mr. Vcnessey stated there was an assumption that the city, by allowing the stubbing of water and sewer, gave an impression it was a buildable lot. He noted this lot exceeds the minimum square footage. He added the width of the lot was the only issue. He added the lots behind it were e developed so there was nothing left to be landlocked. ARDEN HILLS CITY COUNCIL - SEPTEMBER 24,2001 10 Mayor Probst asked if the county would permit a curb cut there. Mr. Parrish responded he did not investigate that issue since it was the responsibility of the applicant. He stated that e presumably it would not be a problem. Councilmember Aplikowski asked about wetlands. Mr. Parrish responded there were no wetland considerations on iliis property. Councilmember Larson stated he felt uncomfortable voting either way. He noted he did not think he had enough information to make an informed decision. He asked for another 30 days to get more information. Mr. Sladek asked what information would be helpful. He stated if one walked by the lot, the split made sense. Councilmember Larson stated from what one could see from the road it looked reasonable, but he was not sure about the remaining undeveloped properties. Mr. Filla stated the city could extend for anoilier 60 days ifit let the applicant know it needed additional information. He noted the Council needed more information about the stubbing of utilities and what occurred at iliat time. He added they needed to know what was it assessed and for how much. He stated they could extend the time for an additional days if the city gives notice to the applicant before October 6,2001. Mayor Probst stated he knew there were some concerns about land locking in this area. He noted e he wanted more information on this issue. He added he did not know if sewer and water stubs made this buildable lot. He stated staff needed to update the information on what had been built. Mr. Venessey stated the builder was trying to get the basement in before the ground freezes. He noted they were willing to agree to an extension to October 29,2001. Councilmember Larson stated the applicant needs to be aware the council needed additional information. He noted a recommendation to deny the application from ilie Planning Commission gives him some pause. MOTION: Couneilmember Larson moved and Councilmember Aplikowski seconded a motion to extend the deadline for review by 60 days based on a need for additional information. The motion carried unanimously (5-0). B. Pay Estimate #6 (Fiual), 2001 Sanitary Sewer Rehabilitation Project (Lift Station #8 Reconstruction and Sanitary Sewer Test and Seal/Spot Repairs), Gridor Construction Mr. Brown explained the Pay Estimate and that all work had been completed. MOTION: Councilmember Aplikowski moved and COllncilmember Larson seconded a motion to approve Pay Estimate #6 (Final Payment) for Gridor Construction, Inc. e \ e e e "'..; ARDEN HILLS CITY COUNCIL- SEPTEMBER 24, 200l 11 of Plymouth, MN in the amount of $11,746.24. The motion carried unanimously (5-0) c. Pay Estimate #9 (Final), West Rouud Lake Road Improvements, Phase I, Forest Lake Contracting Mr. Brown explained the Pay Estimate and that it included the release of the final landscaping retainage. MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to approve Pay Estimate #9 (Final Payment) for Forest Lake Contracting, mc. of Forest Lake, MN, in the amount of $4,232.85. The motion carried unanimously (5-0). D. Personnel Policy Benefit Recommendation Mr. Lynch explained the follow up information on the total amounts for benefits, including new city employees, and the total financial impact for 200 I and 2002. Mr. Post explained the recommendation for the policy to be effective October I, 200 I. He stated one assumption made was that the benefit level would increase in 2002 by 5% over the 2001 level. Councilmember Grant asked if nine people were impacted by the change. Mr. Post responded there were two non-bargaining unit employees that were not impacted because they currently elect family health coverage. Councilmember Aplikowski asked for the rationale behind the change. Mr. Post responded it was a fairness issue. He stated all employees would have the same benefit level. Mayor Probst stated the Council had had this discussion on a couple of occasions. He noted it was a fairness issue. He added a person electing single coverage did not receive the same level of benefits as a person electing family coverage. Mr. Post stated the other alternative would be to give everyone single coverage and have those electing family coverage pay the difference in premium. He noted the City benefit would then be capped at $255.13 per month. Councilmember Larson stated he was in support of the recommended change. He noted it was a matter of elementary fairness. He noted they are trying to treat employees fairly by providing benefits equally. Councilmember Aplikowski stated she had a problem with that concept. She noted the employees with family coverage have hospitalization that they mayor may not use. She added this was not the same as putting the money in the bank. She stated if they did not use it they did not get any benefit. ARDEN HILLS CITY COUNCIL - SEPTEMBER 24, 2001 12 I Councilmember Grant stated trying to equate faimess was a slippery slope. He noted they had two employees who elect family coverage and nine people who elect single coverage. He added tit fairness could be seen as anyone who wants coverage has it. He stated this was sold at one point to retain employees. He noted that if that was the intent, this was the wrong way to go about it. He added he was not sure he was able to support this change at this time. Councilmember Rem stated this was fair in a different way than the present system, but yet unfair in a different way. She noted nine people could decide to put this compensation in any way they want. She asked why they did not let all ofthem decide. She stated with the budget issues next year, with the structure changes and a lot of uncertainties she would like to hold off and then go retroactive for the previous 12 months. She noted what has been budgeted has been budgeted. She added they know they could always spend less and move the money elsewhere. She stated she had concerns about the budget including the reorganization and the move to the new City HaIL Councilmember Grant stated if this was more 50/50 among the eleven employees, he might be a more persuaded. He noted he assumed that this would be a standing item and would affect the long tenn cost structure of the employee compensation. Mayor Probst stated the city had budgeted these dollars and had not always spent them. He noted these dollars did not affect any ofthe other expenditures. He added that after looking at total compensation there was a difference here. He stated he supports paying each employee in different circumstances the same. . Councilmember Larson stated the city offers employees benefits and each has a price tag. He noted the employees that were married pay more because tl1ey had families. He added that buying insurance gave them a piece of mind that their family was covered. He stated he did not expect a huge turnover next year. He noted if next year all employees decided to get family coverage it would be gone. He added it was an elusive savings. He stated they were trying to make surc all employees receive the same dollar worth of benefits. Councilmember Aplikowski stated she looked at it like a needs basis kind of thing. She noted in business, not all employees were rated equal. She added this could go up every year and asked at what point they not offer this difference. She stated just because it was budgeted does not mean they had to spend it. She noted she would not vote against it, but wanted to know the rationale behind it. Couneilmember Grant stated they would never make everything equal. He noted union employees were paying a different rate. He added the disparity was higher between the union employees and the other two employees that pay family coverage. Mr. Post stated two employees electing family coverage were paying $100 more. Councilmember Larson stated they were focusing only on people in this category. He noted in this group, the benefits were not fair. He added he did not disagree there may be other inequities. . \ ARDEN HILLS ClTY COUNCIL - SEPTEMBER 24, 2001 13 e MOTION: Councilmember Larson moved and Couneilmember Aplikowski seconded a motion to approve a personnel policy change by expanding the definition of city paid benefit to include not only health and dental insurance coverage, but also city paid contributions to the ICMA 457(b) deferred compensation plan, up to the maximum city benefit, effective October I, 2001, as recommended by staff. The motion carried (3-2 Grant and Rem). ADMINISTRA TOR COMMENTS Mr. Lynch stated there had been progress on the City Hall issue. He noted staff had reached an agreement with the Contractor and work began last week. He added there would be an additional 18-ineh sand base. He stated the furniture would be installed this week. He noted preparations had been made to establish the turn lane and parking lot. He added staff should move in by October 15, 2001. Councilmember Rem asked to be excused at 9:45 p.m. COUNCIL COMMENTS Couneilmember Grant stated the Operations and Finance Committee met. He noted direction was given to Mr. Tom Moore on follow up on the RFP for the joint Ramsey County and Arden Hills maintenance facility. e Councilmember Larson stated the Parks Recreation and Trails Committee would meet tomorrow to work on master park plan. He noted a park clean up for buckthorn at Crepeau Park would be held on September 29,2001. He added everyone was invited to attend. Councilmember Larson stated ifthey are going to plan the city event at Tony Schmidt Park then staff needs to address reserving buildings. Councilmember Aplikowski stated there was supposed to be an events committee meeting this week. She noted Mr. Moore was concerned those requests must be turned in. She added the city would have to pay $80 for such reservation. She added Mr. Moore's concern was that if the city reserved Tony Schmidt Park, it must make a big deal out of the event or it would share the park with other groups. She noted Mr. Moore felt ifthey wanted a big deal it meant a big budget. Mayor Probst stated he thought the county would allow the city to reserve the entire park whether it used all the shelters or not. Councilmember Aplikowski stated a lot of money was spent on concessions and music. She noted the city was probably looking at $20,000 to do a Day in the Park at Tony Schmidt Park. She added that in discussion with committee members, they felt they could not ask the business community for $50,000 each year. She stated they could certainly reserve Tony Schmidt Park. She noted the people loved it there last year. e Couneilmember Larson stated they should get the same arrangement as Shoreview gets for the Island Lake Park for the Slice of Shoreview event. ARDEN HILLS CITY COUNCIL ~ SEPTEMBER 24, 2001 14 I Councilmember Aplikowski stated the city hall dedication would be in the spring of next year. e She noted that was not what they wanted, but it was where they were. Mayor Probst stated the school board filings were closed and he was disappointed that no one from Arden Hills was running. He noted he would have liked to encourage some people from the community of the Arden Hill to be active there. ADJOURN MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 9:55 p.m. The motion carried unanimously (5-0). Dennis Probst Mayor Joe Lynch City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Tuesday, October 9, 2001 at 7:30 p.m. at the Arden Hills Council chambers. e e Q""'C"A'I'C'T \ ~'(;\ r' e MEETING MINUTES CITY COUNCIL WORKSESSION MONDAY, OCTOBER 15, 2001 4:45 P.M. - CITY HALL, 4364 WEST ROUND LAKE ROAD CALL TO ORDER Mayor Probst called the meeting to order at 4:52 p.m. Councilmembers present were Beverly Aplikowski; Gregg Larson; and Lois Rem. Councilmember Grant arrived at 5 :02 p.m. Staff present included City Administrator, Joe Lynch; Parks & Recreation and Interim Public Works Director, Tom Moore; City Planner, Aaron Parrish; Planning Consultant, Mike Cronin; and Recording Secretary, Sheila Stowell. QUARTERLY WRITTEN DEPARTMENT REPORTS Staff responded to several questions of Council regarding third quarter department reports. e Questions included the status ofthe Customer Service Representative II position (Larson); the need for cancellation of various recreation program classes due to the unavailability of the Army Reserve Center (Probst); and congratulations to Terry Post on his appointment to the Executive Board of the Minnesota Government Finance Officer's Association (Larson). PLANNING/ZONING AND CODE ENFORCEMENT Case #01-23, Sil!;n Ordinance, City of Arden Hills Planning Consultant, Mike Cronin, provided a brief overview of the Sign Ordinance Working Group, and subsequent Planning Commission, recommendations for a new sign code for the City. An existing sign inventory was provided. Discussion items included the need for exemption for religious symbols or works of art that don't contain a commercial message and their granted zoning through a Special Use Permit in residential areas; Section "X" regarding sign standard adjustments with revised wording to clarify the criteria; bus benches; code enforcement related to existing signage that needs remodeled or replaced; inclusion of a permitting section in the sign ordinance; and public notice and process for implementation. . Staff was directed to make the required revisions as discussed; inclusion as an appendice to the new City Code; and was further directed to bring the document forward in its final form to the November 13, 2001 regular City Council meeting. ARDEN HlLLS CITY COUNC1L WORKSESSION - OCTOBER 15,2001 D, 'J~\ ,t:, r'H_~ " ," \b ,,':j;, ",- ~ .- u ~i:-"\<.b. 11 Case #01-25, Guidant Corporatiou, Sil!n Ordinance Variauce (Water Tower Sil!nal!c) City Planner Panish provided a review of the request by Guidant Corporation for signage on their water tower. . After discussion, Council consensus was that it would be difficult to interpret that a hardship existed, as recommended by the Planning Commission; but that allowing the signage did not have any material impact on adjacent properties. Staff was directed to bring the case forward at the next regular City Council meeting, based on support of the Council if the case was argued on the unique nature of the ean1pus and that the signage would be predominantly visible only internally. Staff was further directed to make it a condition that Guidant maintain the exterior appearance of the water tower. PUBLIC WORKS & SAFETY Pavement Manal!ement Plan (PMP) Continuing discussion of the City's PMP was held. Staff was directed to make the following revisions and include the PMP on the Consent Calendar at their October 29,2001 regular meeting: . . Communi tv Street: Recomm.cBded Street Width: Case Specific (32 feet minimmn) . Neighborhood Street: Recommended Street Width: 30 feet minimum . Residential Street: Recommended Street Width: 28 feet minimum . Special Cases: Reeomrneaded Street Width: Case Specific . Add Footnote: Street width is measured from face to face. . Under "Additional Considerations for Street Width Determination," second paragraph, add "All street reconstruction and new street construction in Arden Hills will include concrete curb and gutter for a number of reasons: ... Staff was further directed to bring forward a copy of the existing Assessment Policy for review and revision at a future Worksession. Areas needing clarification included comer lot calculation; preparation of a one-page, "user- friendly" informational handout for residents; determination of assessments based on the bid price or an index value. ADMINISTRATION Codification Process/Schedule Councilmembers briefly discussed the items highlighted in the City Code by Councilmember Rem, and expressed their appreciation of her work. It was also noted that City Attorney Filla had suggested several clarifications. . ARDEN HILLS CITY COUNCIL WORKSESSION - OCTOBER 15, 2001 t""'. <=-,. t? f,"'~ T ~J~<AL\t e Staff was directed to provide a date specific process schedule, affiliated costs for various options for adoption at the October 29,2001 regular City Council meeting. National League of Cities, MembershIp Renewal It was the consensus of the City Council not to renew the annual membership in this organization. City Hall Use Policy Councilmembers referenced the City Hall Building Usage staff memorandum dated September 12, 2001 regarding the City Council developing a policy for building usage at the new facility. Discussion items included operating rules; a moratorium on rentals until City needs in the new facility were assessed; increased janitorial needs; and security deposits or cleaning requirements for those groups using the facility. e Staff was directed to further develop a use policy for Council review and consideration; to apply a two or three month moratorium on outside use of the building while we are getting acclimated and determining needs; and to inform those parties making requests that we are still in the policy development stage. Couneilmember Rem left the meeting at approximately 7:35 p.m. Operations and Maintenance Superintendent Position City Administrator Lynch presented a staff memorandum dated October 12, 2001 regarding a proposed Maintenance and Operations Superintendent position, with long- time employee and current Public Works Foreman Jim Perron, under consideration for this newly crcated position. Discussion items included where to set the salary level; moving from non-exempt to exempt status and change from a bargaining unit to a non-bargaining unit employee. It was the consensus of the Council that they would like more information regarding how this position relates to the overall reorganization. Staff was directed to provide this new organizational chart at the November 19, 2001 W orksession. Counci 1 and staff discussed the pending Pay Equity Study being performed by Labor Relations Associates, which is tentatively scheduled to be available by the November Worksession for Council review and comment. e ARDE~ HILLS CITY COUNC1L WORKSESSION - OCTOBER 15, 2001 r}; [1~ /[1 r;::T ~c,4,~"'r ~.c ~. ST AFF COMMENTS/COUNCIL COMMENTS e Discussion items included City Hall closing on Friday, October 19, 2001 to accommodate the move into the new City Hall facility; the initiation of work on the 1-35W noise wal1; pending 2002 Legislative Policy Agenda review at a future City Council meeting; additional members for the Parks, Trails and Recreation Committee; tentative basebal1 field plans for the northwest corner of the Twin Cities Army Ammunition Plant (TCAAP) as it relates to the Comprehensive Park Plan; Northwest Youth and Family Services 2002 budget request; and additional contact with the Mills Group. Staff was directed to include further discussion of the proposed maintenance facility at the October 29, 2001 regular City Council meeting under Council Comments. Councilmembers requested that staff provide a form to be completed for new business cards with the new City logo, City Hall address, and to allow them to determine which home and/or business numbers or e-mail addresses they wanted to include on their personal cards. Discussion was held on the program for the Ramsey County League of Local Governments to be hosted by the City of Arden Hills at the new City Hall facility on October 25, 200l with a welcome provided by Mayor Probst. Staff was directed to post the meeting as a Special Council meeting due to a quorum of Councilmembers present. e Staff was directed to activate the process for adoption of a fertilizer use ordinance; modeled after that of the City of Shorewood for presentation at a future City Council meeting. Staff was directed to coordinate this process with the Stormwater Management Plan final draft. ADJOURN MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to adjourn the meeting at 8:35 p.m. The motion carried unanimously (4-0). e . . . ~l r \ -, l" .. ":Y~ '..Y! ~ I, .. ',":-.""""f2 "i'~'1 , '211~,,~1_~ CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 10/29/01 COUNCIL MEETING CLAIMS PAID SINCE LAST COUNCIL MEETING (10/09/01) 20187 20188 20189 20190 20191 20192 20193 20194 20195 20196 20197 20198 20199 :;:N.njAt~::: 10/09101 10/09/01 10/09/01 10/10101 10/15/01 10/16/01 10/16101 10/16/01 10/16/01 10/18101 10/19/01 10/22/01 10/22/01 ':: A~~9tiN'f::' Affinitv Plus Federal Credit Union leMA Retirement Tmst-457 Stanton Grou Rock Gardens Postmaster-Sr. Paul MN De t of Nalural Resources Ramse Coun State Treasurer ICBO ADT Securi First Choice Movers, blC. Post, Terrance Affinil Plus Federal Credit Union Subtotal ~ Paid Claims 4,775.00 1,744.37 142.70 51.12 1,700.00 75.00 1,234.31 20.00 30.00 4.000.00 2,376.95 159.74 4.775.00 21 ,084.19 PAGEIOF3 First October Pa 011 First October Pa 'Toll Da care Reimbursement 9/28/01 12 Bales Ha for Flower Gardens Permit #1962 Posta c Y Dutn Firearms Course Fuel Purchases Buildin Oftkial Certification-D. Scherbel Code Enforcement Certification-Scherbe1 Install ADT Securit Link New Ci Hall Ci Hall Move External Print Server Second October Pa roll Notc: Chcck!'i for unpaid claims totaling $46,430.50 were mailed on October 10, 200 I after approval at the October 9, 200 I Council Meeting. They \vere check numbers 20128 -20186. This sequence corresponds to unpaid temporary numbers TO I - T59. Check numbers 20126 - 20127 were used for alignment. Paid Claims From Above - 21,084.19 Add Unpaid Claims, Page 3 of 3 - 135.275.68 Total Accounts Payable Claims for Council ApprO\:al, 10/29/01- \ 156,359.87 ","dy.,."",u""",,~.bl.i(;lain~l . . . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 10/29/01 COUNCIL MEETING PAGE20F3 UNPAID CLAIMS REGISTER: >ttM~#'H-iC6AtE~R"""""""""""""">'I' ;W<wi\l1' ..'..'.'",'.',,'............,,'.',",'...... TOl 10/30/01 A&L Sunerior Oualitv Sod 619.18 Sod Renairs T02 10/30/01 American LefJal Publishinp Com 926.00 Ordinance Publishin2: T03 10/30/01 Arden Hills Tire & Service Center 79.20 (4) Tires-Toro #60 T04 10/30/01 Berres, Sandra 51.84 Mileaoe/Exnellse Reimbursement T05 10/30/01 Biff's, Inc. 491.82 Portable Toilets T06 10/30/01 Bud2:ct Plumbincr 765.50 Refund-#WOl-43 (Water Permit) T07 10/3010 I Case Credit 447.30 AsnhaH Millin!! Machine T08 10/30/0 I Corporate Exnress 282.89 Offke Sunnlies T09 10/30/01 D-Rock Center 43.61 Banier-Thorn Drive TlO 10/30/01 Davies Water Eauio. Co. 546.95 Maint. Sunnlies Tl1 10/30/01 ESS Bros. & Sons, Inc. 319.50 New eH-Sidewalk Grates TI2 10/30/01 Facilitv Systems 610.00 Table Delivery/Installation Tl3 10/30/01 Frattallone's Hardware 101.98 October Purchases TI4 10/30/01 Glcnwood Inglewood 29.78 Snrinp"water-Citv Hall T15 10/30/01 Gooher State One-Call 49.60 Seotember Service Tl6 10/30101 Grainl!er, Inc. 53.55 Soccer Net Ties T17 10/30/01 Harkness. MarParct 37.00 Refund-Babvsittine: Clinic TIS 10/30/01 ICI Dulux Paint Centers 212.57 Field Markin!! Paint Tl9 10/30101 In~aham & Associates, Inc. 1,484.80 SP11t Park Planning TlO 10/30/01 J olmson, Mare:c 37.00 Refund-Babvsiuinv Clinic Tll 10/30/01 Kath Auto Parts 18.00 EnuinmenWehicle Maint. Parts Tl2 10/30101 LTG Power Eauioment 506.91 Toro Maintenance #4295 Tl3 10/30/01 Meis, Garv 250.00 Beaver Removal Tl4 10/30/01 Menards 11.97 Cement T25 10/30/01 Met Council Environmental Services 55,538.67 November Sewer ChafQes Tlo 10/30/01 Michael Cronin & Associates 1,062.50 Plannina Svcs-Sentember Tl7 10/30/01 Midwest Asphalt Corooration 276.98 Road Renair Materials Tl8 10/30/01 rvrN Real Estate Journal 75.00 1 Yr. Subscrintion-Lvnch Tl9 10/30/01 Moore, l1lomas 170.60 MileaoelExnense Reimbursement TlO 10/30/01 Natale's Caffe, Inc. 82.02 Council Worksession 10/15101 TlI 10/30/01 Nextc1 485.35 Cellular PhonefRadio Service Tl2 10/30/01 North Metro Insoections, Inc 734,40 Sent Electrical Insnections Tl3 10/30/01 Nosek, Marv 124.89 October Newsletter Tl4 10/30/01 Post, Terrance 26.91 Mileae:e Reimbursement Tl5 10/30/01 Radisson Hotel Duluth 250.86 Arumal MRP A Conference-Olson Tl6 10/30/01 Ramse Countv 57,495,40 October Law EnforccmcntlTJF Admin Tl7 10/30/01 Roseville, City of 8,116.16 Comnuter Eouinment for New City Hall Tl8 10/30/0 1 Sally Distributors 341.90 Pumnkin Hunt Prizes Tl9 10/30/01 Schifskv, Mike 75.98 2001 Unifonn Purchase T40 10/30/01 Schifskv, T.A. & Sons 123.42 Oak Ave Asohalt Repair II Total- Unnaid Claims --- 132,957.99 II ,..,<I)"'"",OUU"I'")..ok/d,;",,' . . . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 10/29/01 COUNCIL MEETING PAGEJOF3 UNPAID CLAIMS REGISTER: ::i:EM:p:#:::I:::CK;:D:AtB:::t::::v:~NMR::::. >1' :AM-():E)N"':::: :::::: T41 10/30101 Sorint pes 70.80 Cellular Phone Service T42 10/30/01 Stanton GrOlln 100.00 FSA Admin Fees-Sent T43 10/30/01 State Treasurer 30.00 2001 Fall BIdE: Code Seminar-Scherbel T44 10/30/01 Stenninp""tone Theatre 935.00 Theatre Classes T45 10/30/01 Stowell, Sheila 87.82 Mileal7c/Exnense Reimbursement T46 10/30/01 Timesaver Off-Site Secretarial 577.50 Rec Secretarv 9/24-1 0103101 T47 10/30/01 University of Minnesota 150.00 MPW A Fall Conference-Moore T48 10/30/01 Wells Farao Proncrties 10.00 Refund-Overnvrnt au so 1-1 07 T49 10/30/01 West Weld 268.03 Shon SUDDlies T50 10/30/01 Wheeler Lumber Comnanv 46.54 Oak Ave Retailliu2 Wall T51 10/30/01 \Vhite, J can 42.00 Refund-Babvsittin'2: Clinic Subtotal, Page 3 of 3 - 2,317.69 Page 20f3 Brought Fonvard - 132.957.99 Total Unnaid Claims ~- 135,275.68 .."~yl,,~o""" p,)'Ubl'delu;u,,1 . 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J.\' S 0 '0 ... i;' '" . ~ H '" 0 '" 0 .ii:. . f- '" -< -< ~. . . ,~ . ~ i;' i;' u ..l ~ 0 ~ . ~ ~ ~ 1 E " 1i "~ ~ 'ti ~ -il "~ " 0 <;; ~ ~ ~ '" ~ " ~ 0 . .~ ~ .~ u "a "' .. 0 ~ .E " ~ '" ii3 -5 1 ~ " " ~ ~ E ~ -" " ;j " oS ] ~ t " B ~ " " 0 1i ~ '" "' 0 " " " t e e e CITY OF ARDEN HILLS MEMORANDUM DATE: October 25, 2001 TO: Joe Lyuch, City Administrator Terrance R. Post, City Accountaut@ Certification of Deliuquent Utilities FROM: SUBJECT: Backl!.round The City of Arden Hills has historically followed a policy of annually certifying delinquent utility bills to following year property taxes as a means of collecting delinquent utility accounts instead of a water shutoff policy. Procedures for collections of delinquent accounts are prescribed in Code of Ordinances, Sections 28-58 (water), 28-129 (sanitary sewer), and 28-172 (surface water management). Delinquency Status Staff has attempted to more actively manage delinquent accounts with some success. There appears to be a base of repeat customers who are certified year after year. Perhaps they consider this annual delinquent special assessment to be additional property taxes, and incorrectly take the corresponding tax deduction on their personal tax returns. The attachment to the resolution clearly shows the level ofrepeat customers. Historical Certification Treud Data Levied in 1994 Payable in 1995 Levied in 1995 Payable in 1996 Levied in 1996 Payable in 1997 Levied in 1997 Payable in 1998 Levied in 1998 Payable in 1999 Levied in 1999 Payable in 2000 Levied in 2000 Payable in 2001 Levied iu 2001 Payable in 2002 Number 45 accounts 44 accounts 37 accounts 59 accounts 42 accounts 39 accounts 41 accounts 32 accounts Certification witb Penalty $18,919.00 19,977.74 16,862.32 25,138.66 18,498.96 17,164.95 25,536.72 14,753.76 With the 2001 budgeted utility revenues of $2, 172,600, the certification accounts represent approximately 0.7% of this total, and approximately 1.3% of the 2,559 total utility account customer base. Recommeudation Council should consider adopting Resolution #01-19 under the Consent Calendar at the October 29,2001 Regular Council meeting entitled, "Resolution Adopting and ConfirrningArmual Special Assessments for Delinquent Utilities. Enclosure t e e e JOSEPH P LYNCH, CITY ADMINISTRATOR CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 01-19 RESOLUTION ADOPTING AND CONFIRMING ANNUAL SPECIAL ASSESSMENTS FOR DELINQUENT UTILITIES \VHEREAS, the amount to be specially assessed for DELINQUENT UTILITIES has been duly calculated in accordance with the provisions of the City Code and Minnesota Statutes; and WHEREAS, notices have been duly mailed as required by law; and WHEREAS, said proposed assessments have at all times since their filing been open for public inspcctions, and an opportunity has been given to all interested persons to present objections, if any, to the proposed assessments; and WHEREAS, there were no oral or written objections received. 1. The amounts so calculated and set forth in said notices are hereby levied against the respective parcels ofland described therein, and 2. The proposed assessments are hereby adopted and confirmed as special assessments for each of said parcels of land and the assessments together with an additional penalty of eight percent (8%) ofthe original unpaid amount, inclusive of any previous delinquency penalty, shall be a lien concurrent with general taxes upon such parcel. NOW THEREFORE, BE IT RESOLVED by the City Council ofthe City of Arden Hills, Minnesota, that the City Administrator be authorized and directed to transmit to the County Auditor a certified duplicate of the assessment roll to be extended upon the proper tax lists of the County, and the County Auditor shall collect said special assessments with taxes levied in 2001, payable in 2002. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 29th DAY OF OCTOBER, 2001. DENNIS PROBST, MAYOR ATTEST; e CITY OF ARDEN HILLS UTILITY ACCOUNTS ANNUAL DELINQUENT SPECIAL ASSESSMENTS CERTIFIED IN 2001 FOR TAXES PAYABLE IN 2002 RESOLUTION NO. 01-19 ADOPTED BY CITY COUNCIL ON OCTOBER 29, 2001 , . e AceL Prevo Certif, Utility 8%Cert. Total Count Pin Number No. 2000 ]999 Name Service Address Arrears Penalty Certified * 01-01 27-30-23-34-0041 275 X John Voiteeh ]423 West County Road E 362.33 28.99 391.32 0]-02 33-30-23-34-0020 320 X X Michael Johnson 3223 Lake Johanna B]vd 476.02 38.08 5]4.10 01-03 34-30-23-21-0016 372 X Sharon Davies 1437 Arden P]aee 379.52 30.36 409.88 01-04 33-30-23 -24-0083 385 John G. O'Connell 1833 Lake Lane 438.97 35.13 474.10 01-05 33-30-23-33-0083 497 X X Catherine Callahan 2009 West County Road D 363.56 29.08 392.64 0]-06 34-30-23-42-0053 609 X X David J. Neubereer 3330 Dunlap Street N 362.28 28.98 391.26 01-07 28-30-23-] 1-0019 730 X X LmvGiIl 1671 Lake Valentine Road 512.99 41.05 554.04 01-08 34-30-23-41-0051 795 X X James N elsoo 1212 Tiller Lane 728.12 58.26 786.38 01-09 33-30-23-31-0013 912 X Rebecca Rae 1926 Stowe A venue 583.23 46.67 629.90 01-10 34-30-23-41-0068 971 X X Thomas Brennan 1166 Carlton Drive 362.28 28.98 391.26 01-11 33.30-23-24-0062 985 X Laura Valenziano 1890 Noble Road 379.19 30.35 409.54 01-12 22-30-23-34-0051 1053 X X William & Pam Ross 4123 Norma Circle 645.52 51.64 697.16 01-13 28-30-23-32-0004 1089 X X Edward Lan"ner 3809 New Brighton Road 367.58 29.42 397.00 01-14 21-30-23-14-0007 tlI2 X X Thomas Runnel 4375 Highwav 10 240.24 ]9.22 259.46 01-15 22-30-23-24-0011 1207 David Johnson 4382 Arden View Court 247.89 19.83 267.72 01-16 22-30-23-24-0] 37 1376 Carrie L. Dufresne 4480 Arden View Court 282.99 22.65 305.64 01-17 34-30-23-41-0041 1448 X X Robert C. Witt 1194 Carlton Drive 502.61 40.21 542.82 01-]8 22-30-23-21-0037 1465 X J an M. Purcell 1355 Arden View Drive 182.72 14.62 197.34 01-19 22-30-23-21-0030 1493 Shirley Wuetherich 1375 Arden View Drive 642.76 51.42 694.18 01-20 34-30-23-14-0029 1618 X Garv Alfred 1 ] 39 Hunters Court 417.84 33.44 451.28 0]-21 34-30-23-]4-0043 1677 X X Matthew L. Reicher 1176 Benton Wav 343.11 27.45 370.56 01-22 33-30-23-33-0034 1733 X Robert Morrissette 2028 Edgewater A venue 715.83 57.27 773.10 01-23 33-30-23-33-0033 ]746 Anna Nicole Tran 2032 Edgewater A venue 211.63 16.93 228.56 01-24 28-30-23-41-0027 ]749 X X Robert Sundauist 1580 Chatham A venue 536.17 42.89 579.06 01-25 33-30-23-24-0001 1830 X X Paul Trites 1850 Indian Place 211.97 16.97 228.94 01-26 28-30-23-43-0015 2041 X X Sesha Komanduri 1749 Chatham Avenue 460.05 36.81 496.86 0]-27 22-30-23-42-0032 2164 Karl E. OelkerlUS Baneoro 1286 Wvnerest Lane 1012.38 81.00 1093.38 01-28 33-30-23.32-0033 2284 X X John Knutson 3332 Katie Lane 691.59 55.33 746.92 01-29 22-30-23-33-00]5 2321 David L. Thomas 4149 Norma Avenue 337.87 27.03 364.90 01-30 21-30-23-14-0012 2513 Robert Raddatz 4337 Highway 10 134.81 10.79 145.60 01-3] 28-30-23-12-0049 2587 Carl Wilson 1741 Lake Valentine Road 249.65 19.97 269.62 01-32 21-30-23-41.0051 2606 X Marv F resonke 1681 BrueberrvLane 277.07 22.]7 299.24 ITotaI- I 13660.771 1092.99 14753.76 e e e e CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 01-20 RESOLUTION REVISING ESTABLISHING RATE FOR 2002 CURBSIDE RECYCLING PROGRAM WHEREAS, the City of Arden Hills has an established curbside recycling program in place for all Arden Hills residents; and WHEREAS, the City will continue the program into the year 2002; and WHEREAS, the City Council of Arden Hills has entered into a Joint Powers Agreement (JP A) with Ramsey County to assess individual residential property owners fees to support the recycling program; and WHEREAS, the City of Arden Hills wishes to continue this funding mechanism. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: That the funding rate for residential recycling for the year 2002 is hereby established at $18.00 per residential parcel. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 29th DAY OF OCTOBER, 2001. A TrEST: DENNIS PROBST, MAYOR JOSEPH P. LYNCH, CITY ADMINISTRATOR e e e CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 01-21 RESOLUTION AUTHORIZING APPLICATION FOR RECYCLING GRANT FUNDS FOR 2002 WHEREAS, the City of Arden Hills is eligible to apply for $18,891.00 in SCORE recycling grant funds; and WHEREAS, such funds would assist in continuing and improving the City's recycling program for the year 2002. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City Administrator be authorized to apply for such grant funds for the year of 2002. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 29th DAY OF OCTOBER, 2001. ATTEST: DENNIS PROBST, MAYOR JOSEPH P. LYNCH, CITY ADMINISTRATOR e CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 01-22 A RESOLUTION ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLIT AN LIVABLE COMMUN1TIES ACT CALENDAR YEAR 2002 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund, which is intended to address housing and other development issues facing the metropolitan area as defined by Minnesota Statutes 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, and the Local Housing Incentives Account and the IncJusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and e WHEREAS, a metropolitan area is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statues, Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, ncgotiated affordable and life cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality that elects to partici~ate in the Local Housing Incentives Account Program must do so by November 15' of each year; and e WHEREAS, those negotiated affordable and life cycle housing goals are as follows: RESOLUTION NO. 01-22 PAGE TWO OCTOBER 29, 2001 e Housing Componeut Goal Affordable - Ownership 65% Affordability - Rental 35% Life-cycle - Type (non-single family detached) 27 - 36% Life-cycle - Owner/Renter Mix 75 - 83/17% to 25% Density - Single-family detached 1.8 to 2.3 units/acre Density - Multi-family 9 - 12 units/acre WHEREAS, for calendar year 2002, a metropolitan area municipality that participated in the Local Incentive Account Program during the calendar year 2001 can continue to participate under Minnesota Statutes 473.254 if: a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 200 I; and b) the Metropolitan Council and the municipality have successfully negotiated affordable and life cycle housing goals for the municipality. NOW THEREFORE, BT IT RESOLVED, by the City Council of the City of Arden Hills, Minnesota that the City elects to continue participation in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2002. e PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 29'h DAY OF OCTOBER, 2001. DENNIS PROBST, MAYOR ATTEST: JOSEPH P. LYNCH, CITY ADMINISTRATOR -- e e October 23,2001 Mr. Joseph Lynch City Administrator City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 RE: Lake Josephine East Cul-de-Sac/Grant Construction Dear Mr. Lynch, This letter is to confirm that Grant Construction has completed all of the public improvements associated with tl1e Shoreline Lane cuI de sac project including the stubbing of watermain and sanitary sewer services out to the Lot 1 Block 1 parcel as identified in our earlier punchlist letter. The installation of the utility services was reviewed by URS and meets City standards for this type of work. e The City Engineer recommends that the City accept the road improvements and release the retain age held for utility construction. Sincerely, p~ n,P.E Copy Nick Landwer/URS Mark LynchlURS Pile 37951-005-2001 e Thresher Square 700 Third Street South Minneapolis, MN 55415 Phone: (612) 370-0700 Fax: (612) 370-1378 e e e ~ ~ EN HILLS MEMORANDUM TO: Mayor and City Council FROM: Aaron Parrish, City Planner ~ SUBJECT: Phosphorous Free Fertilizer Resolution DATE: October 26, 2001 Attached is a resolution supporting legislation and action to minimize the use of fertilizer with large amounts of phosphorous. The overall intent is to reduce phosphorous runoff thereby improving water quality. The items outlined in the resolution are consistent with the recommendations of the Water Quality Task Force. If adopted, this resolution will be incorporated as an appendix to the Storm Water Management Plan and forwarded to the Governor. . , e CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 01-18 A RESOLUTION RELATING TO THE RESTRICTIONS ON THE USE AND SALE OF PHOSPHOROUS LAWN FERTILIZERS WHEREAS, the City of Arden Hills is tributary to significant fresh water resources; and WHEREAS, there has long been established a well-documented relationship between the use of phosphorous lawn fertilizers and the degradation of water quality; and WHEREAS, as a matter of policy, the City of Arden Hills desires to reduce the compensation and use of phosphorous lawn fertilizers; and WHEREAS, subject to unique circwustances, regional soil conditions have an abundance of natural phosphorous; and WHEREAS, industry leading fertilizer manufacturers and retailers have failed to produce and market low phosphorous lawn fertilizers to the public; and e WHEREAS, over two decades of public education has had minimal effect when in competition with corporate advertising and their refusal to formulate to local needs; and WHEREAS, the City of Arden Hills finds it important to encourage the reduction in the use of phosphorous lawn fertilizers within the City; and NOW, THEREFORE, BE IT RESOLVED that the Arden Hills City Council declares its commitment to phosphorous lawn fertilizer reduction by encouraging the adoption of regulations regarding restrictions of use and sale of phosphorous lawn fertilizers within the State of Minnesota. BE IT FURTHER RESOLVED, the Arden Hills City Council supports legislation restricting the sale of any lawn fertilizer, liquor or granular, that contains any amount of phosphorous or other compounds containing phosphorous, such as phosphate, except, small quantities may be sold when a soil test indicates added phosphorous is needed to support healthy turf growth, or during the first year when new area or turf is being established. BE IT FURTHER RESOLVED, such legislation should require that displays of such fertilizer must be clearly marked as containing phosphorous, and must be separated from the display of other fertilizers, and that for each sale of such fertilizer the seller must provide the buyer with a copy of the appropriate printed consumer information. e , RESOLUTION NO. 01-18 PAGE TWO OCTOBER 29, 2001 , BE IT FURTHER RESOLVED, the Arden Hills City Council does request and encourage its . state legislative delegation to consider and enact legislation to regulate and limit the use and sale of phosphorous lawn fertilizers. PASSED AND DOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 29.h DAY OF OCTOBER, 2001. DENNIS PROBST, MAYOR ATTEST: JOSEPH LYNCH, CITY ADMINISTRATOR . . e e e ~ ~~ILLS CITY OF ARDEN HILLS MEMORANDUM DATE: October 23,2001 TO: Mayor and City Council FROM: Aaron Parrish, City Planner SUBJECT: Case #01-25, Guidant Corporation Sign Ordinance Variance BackQround As Council is aware, Guidant has requested a variance enabling them paint their logo on the east and west side of the existing private water tower. The location is illustrated below: ~ ~H1LLS Location Map Distances from WaterTCtoYer N W*E s 0.' 0.' O.:i "'iln Nolo. MapNol ofSur.....~a""'lity The previous staff memo indicated that the Guidant would be placing sample signage on the water tower to demonstrate the visibility. Unfortunately, they were unable to based on wind and other weather conditions. At the Work Session, Council asked that a revised recommendation be provided incorporating elements of the Council's conversation. The revised recommendation is outlined in the proceeding section. Case #01-25, Guidant Corporation October 23,2001 Page 2 Revised Recommendation In Planning Case #01-25, approval for the proposed water tower signage is recommended finding that: 1. The sign will have no material impacts on adjacent land uses; and 2. The 90 acre campus extending from Hamline Avenue to Lexington Avenue provides unique circumstances not commonly found in the community. Further, approval is conditioned on 1. The color of the letters on the water tower being painted black, and the tower being non- illuminated. 2. The exterior appearance of the water tower being maintained. e e e e e e ~ ~~ILLS CITY OF ARDEN HILLS MEMORANDUM DATE: September 18, 2001 TO: Mayor and City Council Members FROM: Aaron Parrish, City Planner SUBJECT: Case #01-26, McKinley Companies Minor Subdivision/Lot Split Parcel Parcel at 4420 Hamline Avenue North Request The applicant has requested the minor subdivision/lot split of a very large, 35,100 sf, parcel at 4420 Hamline Avenue N into two lots. The parcel and its neighbors are in the R-I Zoning District. Prior to that approval, a variance reducing the minimum required lot width in the R-I District from 95 ft to 82 ft for one of the proposed lots must be granted. Proposal Divide the existing single platted lot into two parcels. Parcel A would be 19,1001 sfin area, 195 ft deep and 98 ft wide. It would contain the existing home on the site. Parcel B would be 15,990 sfin area, 195 ft deep and 82 ft wide. It would be a vacant lot for future development. Backl!round The 19,100 sf Parcel A and the 15,990 sf Parcel B that would be the two new lots each exceed theR- I minimum lot area standard of 14,000 sf. With a lot depth of 195 ft, they each will also exceed the 130 ft minimum lot depth required in the R -1 District. However, the parcel's width along Hamline is 180 ft, 10ft less than the 190 ft required to create two lots in the R -1 District. And, to accommodatc the existing home on the site, the parcel cannot be divided evenly. Parcel A will be a conforming parcel, 98 ft wide. The required side yards, minimum and total, for the principle and accessory building are provided for Parcel A by this division (the patio is a permitted encroachment in a side yard, 6 C 2 b). This leaves 82 ft of frontage for Parcel B, and creates the specific requirement for the variance reducing the required lot width by 13 ft. Parcel B, at 86% of the required width, is still a very large lot in area and depth which should provide for a well designed new home at this width. The site plan would be very similar to those used on lots with the 85 ft minimum width required in the R-2 District. e This parcel, and the parcel to the north a 4440 Hamline with a frontage of 150 ft and an area of 29,185 sf, and the parcel to the south at 4408 Han1line with a frontage of132 ft and an areaof39,204 sf, are vestiges of the original residential development of the area. They were passed over when the surrounding contemporary homes on Amble Road, Nursery Hill Lane, and Nursery Hill Court were developed. Parcels like these, and another nearby set of parcels just to the south on Han1line, were typically passed over as contemporary development occurred for one of two reasons. First, because of physical conditions, slope, wet or low lands, or an irregular shape created by edge conditions (either natural or orientation to a roadway) they just weren't worth the effort to develop. Second, the owner of the property, for reasons of timing, the desire to retain a large homesite, or a decision not to cooperate or come to terms with the adjacent owner, or some other personal preference or condition, chose not to participate as more intense development occurred around them. The property at 4420, along with its immediate neighbors, have lots two to three times larger than now is required by the Code for a single fan1ily home, and with older style homes than their other neighbors, are legacies of an earlier development pattern. e Analvsis The Conditions required for a Variance are found in Section 8. Administration and Procedures, 4. Variances, c. and d. in the Code. They basically require: I. The conditions present on the property create a hardship in meeting the standards of the Code and prohibit, rather than make inconvenient or expensive, reasonable development without the requested variance. 2. The conditions on the property that create the hardship are not present on other similarly sized lots in the same district. 3. The relationships with abutting property will not be adversely affected by granting the vanance. The large lot represented by 4420 Han1line was retained during surrounding development by the choice of its owner. There are no physical conditions, slope, wet or low land, orientation to the roadway, that would have prevented its participation in the adjacent development. Continuing the established and traditional larger lot status of this property represents a reasonable and productive use of the property. While the additional income that would be gained from the division and sale Parcel B would be welcome to the present owner, and the opportunity for a new home in Arden Hills a a benefit, the continued use of this site as a single fan1ily home represents a reasonable development ... e e e of the site. The availability of a large lot single family home, especially in the context of the surrounding detached single family home development and the town homes across Hamline, contributes to the diversity ofthe housing opportunities in the City. This is the middle parcel of three legacy parcels. They are all large, two to three times larger than is required by Code, but are also very deep, having limited frontage in relation to their area: Lot Width Lot Area 4408 Hamline 132ft 39,204 sf 4420 RamUne 180 ft 35,100 sf 4440 Hamline 150 sf 29,185 sf Total 462 ft 103,489 sf If redevelopment and intensification of 4420 Hamline is to occur, it should occur in conjunction with its similarity sited neighbors. Together, five new lots could be created, each in excess of the minimum required lot area, and, at 92.5 ft wide, very close to the R-l requirement of95 ft of width per lot. Granting the requested variance now would eliminate any possibility of an innovative and conforming solution to the large lot legacy of all the owners. Options I. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial with findings or conditions. 4. Table for additional information. Staff Recommendation (luterim City Planner Mike Cronin) Deny the requested variance and therefore the proposed minor subdivision it would permit, finding: I. There is no hardship in the continued use of this parcel as a single residence and the present single family use of this large parcel continues to be the reasonable development of this legacy parcel. 2. If the requested variance were granted, it would eliminate the opportunity for the adjacent similarly sited and conditioned legacy parcels to redevelop and intensify without significant variances from the requirements of the Code. 3. If the redevelopment and intensification of the parcel at 4420 Hamline is to occur, it should occur in conjunction with the adjoining properties at 4408 Hamline and 4440 Hamline to permit an innovative and more conforming resolution of the vestigial conditions that are the legacy of each parcel. 4. Absent the requested variance the proposed subdivision does not comply with the minimum requirements ofthe Code and therefore cannot be approved. PJanninl! Commission Recommendatiou e The Planning Commission unanimously voted to recommend denial of Planning Case #01-26, a request for a minor subdivision and lot width variance for the reasons outlined in the staff recommendation above. Update The Council considered this item at their September 24, 2001 meeting. At that time, it was determined that additional information was needed to more thoroughly evaluate the request. Additional items requested included the following: 1. Planning Commission Meeting Minutes An excerpt of the September 5, 2001 Planning Commission minutes and letters introduced at the Public Hearing have been included as Attachment A. 2. Additional location and existing land use information for adjacent parcels A map highlighting the location of the proposed minor subdivision is attached for your review. The proposed minor subdivision has also been included for your review. e At the Council meeting, there was also concern that this minor subdivision would potentially land lock an adjacent property. However, there is no vacant land adjacent to the proposed minor subdivision. Rather, all of the adjacent parcels are improved with single family structures. 3. Existing Utilities Stubbed to the Site At the meeting, the applicant indicated that utilities had previously been stubbed to the site in the 1970's. He further indicated that the previous property owner, his father, had paid an assessment for this purpose. At this point, given the move and past record keeping practices, I was unable to find any documentation. Ifthe Council was inclined to approve the proposed minor subdivision, I would suggest the creation of two 90 foot wide lots as opposed to the 98 and 82 foot wide lots currently being contemplated. Two 90 foot wide lots would require the removal of the existing walk out patio. This would also make the side yard setback 5 feet. The R-l Zoning District requires a minimum oflO feet making the current lot non-conforming. However, this would seem to be better than creating an 82 foot wide lot. Please feel free to contact me if there is additional information that would be helpful in evaluating the request. e e e e Attachment A: Excerpt of tbe September 5, 2001 Planning Commission Meetiug Miuutes CASE #01-26 - MCKINLEY COMPANIES. 4420 Hamline Avenue North. Minor Subdivision/V ariance of lot width - Public Hearin2 Chair Baker opened the public hearing at 8:29 p.m. Staff reviewed their report dated August 28, 2001, and recommended denial of the subdivision/variance for the reasons contained therein. Staff stated they had received three letters regarding this application asking the City not to grant this variance. Brent Thompson, owner of McKinley Companies, 300 South Owasso Boulevard, St. Paul, stated he was the applicant. He indicated they wanted to maintain in the City's Code 25 feet over-all setback on the existing home and their first option was to create an 82-foot lot. He stated they would easily fit a 57-foot home lot on the property. He suggested moving the patio on the home and moving the lot line over so they would have two 90-foot lots. Commissioner Zimmerman asked how McKinley Companies carne to be involved in this proposal. Mr. Thompson stated the owner had come to McKinley Companies and requested they come up with a proposal for a lot split. Commissioner Zimmerman stated a solution would be acquiring property from the property at 4408. Commissioner Erickson stated he did not believe they could grant a variance by moving the lot line, which would make both lots non-conforming. Chair Baker closed the public hearing at 8:45 p.m. Commissioner Erickson asked for clarification regarding recommendations two and three. Mr. Cronin replied the conditions that would create the hardship were not there and if this variance was granted, it would lead to appeals and other residents in the area would want to split their lots also. Chair Baker agreed that he did not see any hardship and this would be opening up problems in the future if the variance was not denied. Commissioner Sand asked if McKinley Companies was the owner of the property. Mr. Cronin replied he believed McKinley Companies had a Purchase Agreement. Chair Baker stated the best solution would be to approach the resident to the south for the additional l3 feet, which would make two conforming lots. Commissioner Erickson moved, seconded by Commissioner Sand, to recommend denial of Planning Case #01-26, McKinley Companies, 4420 Hamline Avenue North, Minor Subdivision/Variance oflot width, as required by their site plan, for the following reasons and the following conditions: 1. There is no hardship in the continued use of this parcel as a single residence and the present single fan1ily uses of this large parcel continues to be the reasonable development of this legacy parcel. 2. Ifthe requested variance were granted, it would eliminate the opportunity for the adjacent similarly sited and conditioned legacy parcels to redevelop and intensify without significant variances from the requirements ofthe Code. 3. If the redevelopment and intensification ofthe parcel at 4420 Han1line is to occur, it should occur in conjunction with the adjoining properties at 4408 Hamline and 4440 Han1line to permit an innovative and more conforming resolution of the vestigial conditions that are the legacy of each parcel. 4. Absent the requested variance the proposed subdivision does not comply with the minimum requirements of the Code and therefore cmmot be approved. The motion carried unanimously (5-0). . . . e Lee W. Cunningham 1320 Nursery Hill Lane Arden Hills, MN 55112 (651) 628-4093 September 5, 2001 Mr. Michael Cronin City of Arden Hills 4364 W. Round lake Road Arden Hills, MN 55112 RE: Proposed variance - 4420 Hamline Avenue North Dear Mr. Cronin: e Please timely direct and submit the following to the Planning & Zoning Commission and City Council, as is appropriate, in the above captioned matter. For several reasons I find the proposal surprising and unsustainable. 1. To have a developer propose a subdivision of property that is long established in its present form does not seem to have merit on its face. 2. The lot was owned and established by the original owner of much of the area in which it is located and would indicate an awareness even by that owner that no further subdivision contrary to the ordinances should be or in fact was anticipated. 3. The new owner of the subject parcel was well aware of the nature of the surrounding residential properties, that the ordinances and existing layout precluded any expectation of subdivision, and that such subdivision would create property unlike that of the area when it was acquired. 4. As with all properties along Hamline Avenue there is a "buffer" portion of the subject lot which is perhaps 40-50 feet which, due to its proximity to the active road, is unusable. When this is "removed" from the existing parcel it leaves well under 20,000 square feet to the lot. 5. The footprint of any home comparable to most of the homes in the area would not fit on the proposed subdivided lot with out being more crowded and obtrusive when compared to the long established homes in the area. 6. With (or even without) consideration of #4 what is proposed are quarter acre lots. Effectively useable lots of under a quarter acre would result. The rather massive difference in density, appearance, affect, and livability of such property compared to the nature of the property around it with 1/3 acre and larger lots is well recognized both in fact and in law of this state. (I unfortunately owned a development parcel adjacent to the property in e Inver Grove Heights which established the law in this state on that issue a. back in the 70's) .. 7. None of the traditional or compelling reasons for granting of a variance such as is proposed here exists in this case. 8. No known mechanisms exist or appear proposed for payment to the surrounding property owners for the reduction in their property values from such a subdivision by the City or the developer. 9. Additional concern would be that attempts might be made to include defacto, if not legal, common easements between the parcels which should not be allowed. 10. The existing lot already has 5-10 passenger and commercial vehicles located thereon and a doubling of this would add to the disruption of and further detract from the surrounding properties. In short, the increased density mix and all the attendant factors that go therewith, supports a denial of the variance. It would not befit the area as is reflected by the ordinances and requirements extant. I am confident that any disinterested zoning body will so find. Respectfully submitted, e l-ee W. Cunningham, Esq. . ~ e e e 9- 3-01; 10:22At\.1; ;651415232-5 # 2/ Michael Cronin Interim City Planer City of Arden Hills 4364 W. Round Lake Road Arden Hills, MN. 55112 September 2, 200 I Re: Planning Case #01-26 To whom it may concern, I am writing in response to the request by the McKinley Companies, Planning case #01- 26. I live on the lot directly to the rear ofthe lot for which the variance is proposed. From the city's letter, I understand the McKinley Companies wants to subdivide the lot into 2 lots, one of which would be smaller than required under Arden Hills code. I would urge the city council to not permit this variance. Here are my reasons: I. The lot is in an area of single family homes, all of which are on generous sized lots. To wedge 2 families onto the aforementioned lot will be an eyesore for the neighborhood and out of place. I am concerned how close to the lot lines the dwellings will need to be built for them to fit on these narrow lots. The city should require that all codes for the lot for building be followed. The variance for the lot size may be just a first step for further requests for variances. 2. Hamline Avenue is a very busy street in the mornings and evenings during the hours of travel to and from work. I am concerned about any more traffic being put on the road especially if these homes require their owners to back out onto Hamline Avenue. This will be a public safety issue and a safety issue for the residents of these homes. 3. The lot in question drains rainwater to a wetland through my lot. I am concerned that two dwellings will provide less area for absorption of water since much of the ground will be covered with roof and driveway. I know Arden Hills will not permit more than a certain percent of the ground to be covered by stmeture or pavement. This percentage may be exceeded if tow dwellings are allowed on this lot. (If two dwellings are permitted on this one lot by a variance causing the lot to be split into two lots, the runoff implications for my lot must be considered. Drain tile to the wetland may be a necessity and should be required by the city.) I know there will be an incentive for the city to split this lot to increase revenue. Please consider us who live around the lot and others who must drive past it, and deny this request for variance of our Arden Hills code. Sincerely, Yttvet~ III Mrs. Lorraine Manuel 4408 N. Ramline Ave. Arden Hills, MN 55112 e r - ~ .~ ,- ,,- ~ "- ;; '.~ j September 3, 2001 Michael Cronin Interim City Planner City of Arden Hills 4364 W. Round Lake Rd. Arden Hills, MN 55112 Dear Mr. Cronin: We are very much against the proposal of rezoning 4420 Harnline Avenue North. If this property is rezoned, then we would expect ours to be rezoned on the same basis. e Thanks for your consideration of this comment. . /I} Sincerely, / Lorraine Manuel e " ~ ....I ~""".'.' 'j :'~ 11 I :. II; " :f ,:.:~ """-' 't).... ., ~~. ~ dJJ ~ V .:,.". V ':{ .::. ,<,' , c_,', _'f" -. I,: V" ''!i; .0 ~ p'" \_i..ffii ."~"~ .. ~. e~"% -\~\:. ~ ~ ~ ~ }i 0'; ~~r ;"or' C') :\,$ ..... 0::: ::> o () ....I ....I I >- 0::: LU en 0::: ::> Z ~ ~ i\] &It'J '" I 0 0 'v~" N . . v '1&'Y: '<t Iimi v:. v !!ill (I() ~II.. v. 11 N 3NrI 3NIlIN'v'H 11:\ ~ I1'!'S ~ . ~ 13~ Q) Q) '- 0- ..c 0 ::J ... (/)Il. \Will I1!1il e ..l!'\." ~ c:: o .- Q.. ~(O o~ ..J e o re'~ I ._ -:8 i::s m~ COO () .5 m:E e .- >- e- eel) e ~~ :E a I ~. ~ ~. ;{~ '" ~ ~ fj!i I:.: ,~-~' J. ~... ~~;:Jt, v - Cl <( o 0::: i\ LU ....I DPJ~ .....<( DB @j ~.:.: .- II II ~ z ~J~ ~~~ ~ a; ::l o >- ~ ::l (/) '0 .... o Z 0- 1tI ~ Qj .... o III Z ~ :i: N o ... o co .... co VJ. . GRAPHIC SCALE . 30 0 " 30 60 120 ~-., I I I I ( IN FEET ) 1 Inch = 30 ft. pt=Co~'elo J..OT eF=L.IT For: McKinley Companies Brent Thompson C:t.:1 k ---:) < C:t.:1 ~ ~ C:t.:1 < ......, ~ ~ ~ ~ II I' 133 Ii d H Ii II Ii Ii 978.92 TC x 979,49 OE x 979.76 GE 980,24 Te >( x 979,78 OE N89057'06"W 195.00 I "'-1< I /North line of the South 180 feet 2) J' of Lot 1, Borstod . 2:~_ : x 978.87 GE 97971 _~, GV---,:r:-.:. 980 55 __'-'" 80X- TEL : I 980,47 . :"" BOX- TEL --'<fl!' I 97998 (6 TC-CUT -~" 979.64 ~ ~ CCUT Il!' 97963 ,.-il.lJ CCUT 979,90 TC-CUT 979,44 GUYW 05xGF' TEL. BOXE's 980,5'9 ~ PP '980;i E x 979.03 GE 979.84 :: ,PP-,::df" . '979.72 GE "' \ 979.03 91e' GARCOR .. .. x 977,86 .GE x 974,59 xGE I GE m'66R PA~CEL A 19,110 gOUARE FEET 6tgilc'OR /f. g16 "",):""l',"'\. ~80.24 EBIT c_ .... .- ,,', 980,36 980.06"'... "EBIT EBIT ,,'" BITUMINOUS ORIVEWAy........" 980.35 EBlT 290 / 977,31 980.27 EBll o 980,0...... o ECONfC !Xi (j> o o ,OJ 975,58' GE ~ ......9Bo- 979,82 GE , ...... . . Q;)O .00 00 ~Q;) 0" o VJ I' / 979,61 TC " 0 u ~ ~ : x 975.51 1 88'12'22"978,23.. GE . 16.33 ..OECKCOR "",977,97 GE 974,70 HSECOR. ... 980,01 ". HSECOR -73.9- - - , 97934 TOP x 975,19 GE ,979,04 TOP . 976,1\3 .1 . 976: 18 CASllp. 979.04 TOP x 976,26 TOE '978.60g7B. , 101P 978,99 o f.O.PW o N 978.79 HSECQR 195,00 ., n - N89057'06"W 974.58 GE x 975.88 TOE x 974,66 TOE "' x . 974,41 0 GE __ South line of the North 98 feet of tti~ South 180 feet of Lot 1 '" --"+0 C--o 2- /", '" C>6'. 978,96 F.O.PEO x 975,25 .. ... TOE .x.9W,28 9779'6 TOFfo..,X .-. TOP PARCEL B 15,990 SQUARE FEET x 974.51 GE x 974.51 GE x 974,57 TOE 973,89 FNO IP 979.34" TC 978,89 GE x 974,79 TOE x 977,59 TOP , , . 978,21 x. GE x 975.08 TOE 977,37 TOP 33 978.82 78,99 x TOP .. ... OP .... 9n.94 TOP .976"'.. :: 975.40 "TOE --"+0 C--o ;"':>.0 x I 979,'0 I CS- TC CATCH BASIN 'i ii AP~'ON 12"HCP INV 974.76 x 975.41 TOE 975,50 GE x 974.98 GE x , " 195,00 N89057' 06" W South line of the South 180 feet of lot 1, Borstod 975,61 GE 978,51 I'" RETW- TOP I , \r. 978.76 TC '* x 975.60 GE ..-)1;.'. x 975.47 GE 976.03 GE 975.24 RETW- 'fOE ~TINCl JIIIlI~TY ~~I""ICN (No title work furnished to Surveyor) The West 195 feet of the South 180 feet of Lot 1, BaRSTAD, Ramsey County, Minnesota. I r-- , " \' , I, I L -' J 978.28 FENCEL > 977.64 x 976,18 FNO IP GE ~ I ; 977,46 FENCEL 976.57 FENCEL , " , .... .~, .I I, , L -' J , ' _L > .. x 976.32 ;.: "I, GE , - _..:I ~ . . OQ;) 00 . 00 Q;)~ """0 o VJT, _J-, x 975,21 GE -2 1 :<; ,-/ .- t'\.-' ;;/.- . , !:: 'l:) <:1 . Q -Se" ,.- o 'OS _5._ o N OJ . . .s .- -0 1;;-' Q- W 0....""" , / ' x 973.61 GE 975,64 FND If......._ x 975.98 GE ,I ""piCe r;.' ~1""1ClN6 ,.AIItC., A The west 195.00 feet of the Rarnsey County, Minnesoto. north 98.00 feet of the south 180,00 of Lot 1, BaRSTAD, "A~ . That port of the west 195.00 feet of the south 180,00 feet of Lot 1, BaRSTAD, Romsey COl.lnty, Minnesota lyin9 southerly of the north 98.00 feet thereof. ACCITI~ NOT_ BENCHMARK: El/4 COR. SEC.22 CIM ELEV = 962.54 NGVD VERTICAL DATUM 2 FOOT CONTOUR INTERVAL Total impervious surface orea = 4:328 sq. ft. ,ZC:ININC:IJ c>ATA Building Set bocks for zone R1 FRONT 40 REAR 30 REAR (GARAGE) 10 SIDE 10 (TOTAL 25) MIN LOT AF~EA = 14,000 SO. FT. MIN LOT SIZE 95/130 o Denotes Iron Mon. Bearing Dotum:Assumed Job No. 01433LS Drwg By BAO / JE:R I hereby certify that this survey, plar1, or report was prepared by me or under my direct supervision and i:hat I am a duly Registered land Surveyor under the laws of the State of Minnes()ta E,~>>~ INC Dale 8-6-01 Registration No 7808_ E. a.. !l:!UO .t 6ONe, INe L.ANO 6UlltvEE'YOIlte. ~18iZ1 L.EXINOTON AvE. NO. CIIltCL.E ~IN.&. MINNleoTA oo~I.4-~62o TElL.. ('t>~) 'et>-oo~l!> e e . CITY OF ARDEN HILLS MEMORANDUM DATE: October 25, 2001 TO: Honorable Mayor and City Couucil FROM: Aaron Parrish, City Planner SUBJECT: Case #01-22: . Rezoning and Comprehensive Plan Amendment; . Master Plan PUD Approval; and . Final PUD/Site Plan Approval Beacon Construction (Arden South Apartments) Property Located at County Road E2 and Cleveland Request The applicant is requesting the following: 1. Rezoning and Comprehensive Plan Amendment 2. Master Plan PUD Approval 3. Final Plan PUD/Site Plan Approval Overview The applicant is requesting the actions referenced above to facilitate the construction of a 30 unit apartment building. Initially, Bethel College would utilize the building to house students. Please the attached narrative statement submitted by the applicant for additional information. The following highlights information pertinent to the site. Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use North Park R-I Passive Open Space East Low Density Residential R-2 Residential South Low Density Residential R-2 Residential (Throu2:h Lots from New Brighton Road) West N/A N/A Cleveland and I-35W Memo to City Council Planning Case--#Ol 22: Ardcn South Apartments Page 2 of II e Site Data Future Land Use Plan: Neighborhood Business Existing Land Use: Vacant Zoning: Neighborhood Business, R-l Size: 2.5 acres Provosed Density: 12 Units Per Acre (30 Units / 2.5 Acres) Topography: Relatively flat sloping down considerably to the creek on the eastern portion of the property. Rezooiol! aud Compreheusive Plan Amendment The applicant is requesting a rezoning of the two properties generally identified below with dotted lines: - t . . B e Ramsey Co un'tf Open'Spa-E.~, ..J More specifically, the applicant is requesting a rezoning from Neighborhood Business and R-I Single Family Residential to R-4 Single Family Residential. With regard to the R-l parcel, only the portion of the parcel west of the unimproved platted street would be rezoned. Approval of the actions before the Commission in this Planning Case would need to be conditioned upon approval of e 2 -- . . Memo to City Council Pla1l11ing Case #01-22. Alden South ApartmCll:tg Page 3 of II a minor subdivision and lot consolidation in the future. When considering a rezoning, the applicant is requested to address the following: 1. Conformity with the Comprehensive Plan The proposed zoning does not conform to the comprehensive plan. As such, the applicant is requesting an amendment to the comprehensive plan. This request is further detailed below. 2. Substantive changes that have occurred making the zoning change necessary. In the applicant's narrative statement, which is attached for your reference, they indicate that substantive changes have occurred in the development of adjacent parcels of property. More specifically, they reference the adjacent 60 unit Arden Cottage Villas multiple family development. They also indicate that the site is more suitable for multiple family development. 3. Demonstration showing that the chauge is superior to the cnrrent zoning and/or comprehensive plan. The applicant has not addressed this specifically in their narrative statement. In conversations between staff and the applicant, they have indicated that this specific proposal and rezoning are superior to previous development such as a gas station/convenience store that had been contemplated for the site. 4. Development conditions or priorities that make the existing Zoning aud/or comprehensive plan impractical. See item #3 above. Additionally, the Metropolitan Council evaluates cItIes on housing affordability and the provision oflife-eycle housing. Life cycle housing considers the provision of different housing types for people at different stages of their life. Typically, this concept relates to a mix of housing types and densities. If approved, this development would allow the City to provide additional life cycle housing units in accordance with Metropolitan Council guidelines. To accommodate the rezoning, the applicant is also requesting a comprehensive plan amendment from Neighborhood Business to High Density Residential. High Density Residential is essentially the apartment and townhome land use classification. This allows for a density of up to 12 units per acre. A request for a comprehensive plan amendment considers the following: 1. Overall impact on community It is not anticipated that this amendment will adversely effect the community, 3 Memo to City Council -----Ptanningtase #e}~;!: ArdcIl South ApartmcIlt3 Page 4 of 11 . 2. Impact on the goals and policies of the Comprehensive Plan This amendment, and proposal specifically, further several goals outlined in the housing element ofthe Comprehensive Plan. 3. Impacts on adjacent lands This amendment will have a limited impact on adjacent properties. See the screening portion of the site plan evaluation below for a description of the natural and physical features of the property and area. 4. Impact on transportation, sewer, water, and other city services Adequate public services and utilities are available to effectively serve development on the property. 5. Impact on water bodies The subject property is within the Long Lake drainage shed. A retention pond on the property will be in place to treat storm water. e Master aud Final Planned Unit Development According to the Zoning Ordinance, "the 'PUD' District promotes the development of land in a unified manner by treating the entire development as a single entity. . . ." Further, a PUD is required for multiple family dwellings. While it is not standard practice, the Zoning Ordinance does allow the applicant to apply for both the Master Plan and Final Plan concurrently. To have footings in place prior to the ground freezing, the applicant felt it was necessary to apply for both. This will enable the applicant to work over the winter to accommodate an August 2002 completion date for Bethel College. Please note that the site plan was evaluated based on an R-4 zoning. The following provides an evaluation of site plan and related requirements based on the attached plan set: 1. Lot Area, Size and Setbacks -All Code Requirements Met As the site data in the overview section indicates, the property is 2.5 acres, or 108,900 square feet. The R-4 Zoning District requires a minimum lot area of 3,630 square feet per unit. Based on a proposal of 30 units, the lot area required is 108,900 square feet. The following .A table highlights the setback requirements: _ 4 -e e e Memo to City Council Plannmg Case~#OI.:12: Arden Soulh Apillll11ml" Page 5 of 11 Minimum Buildine Setbacks Relluired Pronllsed at Shortest Point Front Yard 40 Feet 62.5 Feet Rear Yard 30 Feet 30 Feet Side Yard -Interior 5 Feet 155 Feet Side Yard -Comer 40 Feet 60 Feet Parking 20 Feet 20 Feet 2. Lot Coverage - Code Requirement Met The R -4 District requires that no more than 25% of the lot be covered by structure, The proposed building footprint is 12,783 square feet, while the parcel is 108,900 square feet. This results in 12 percent of the lot being covered by structure, or approximately half ofthe code maximum. 3. Floor Area Ratio - Slightly Exceeds Code Requirement The floor area ratio is obtained by dividing the sum of a buildings floor area by the amount of the lot area. The floor area ratio cannot exceed 0.3 for the R-4 District. The FAR for this project is 0.35, slightly above the maximum permitted. Since this is a PUD, a deviation from the code requirement is permissible without granting a variance. 4. Landscape Lot Area - Code Requirement Met The minimum amount oflandscape area for the R -4 District is 65% of the lot area. The proposal shows 72,931 square feet oflandscape area of the total lot area ofl08,900 square feet or 67%. A detailed landscape plan is also included in the plan set. Under the City's landscape plan design requirements, 160 caliper inches of trees are required. The applicant has exceeded this requirement by proposing 203 caliper inches of trees. However, the landscape design requirements also specifY minimum percentages of trees in various size ranges. The following table is illustrative: Buildino Hei.ht Percentaee of Trees of Various Caliner Inches In Stories 2,0" B 3,0" 3.5" B4.0" 4,5" B 5.0" Required Proposed Required Proposed Required Proposed 3-4 50% 45 % 30% 55 % 20% 0% 5 Memo to City Council PlaIlllillg Case 1101-22. AtJ"Il SVUtll Ap,"tuH'll," Page 6 ofll ----e- Since a majority of the trees proposed in the landscape plan are at least 3 caliper inches, and the applicant has exceeded the code requirement by 43 caliper inches, or 20%, no changes from staff are suggested at this time. 5. Height - Slightly Exceeds Code Requirement The maximum height allowed for a business is the R-4 District is 35 feet. The proposed elevations show a building height of35 feet when measured from the first floor. When measured from the parking garage, the building has a height of 45 feet. When situations such as this arise, the Building Code specifies that the average of the two be taken. This interpretation results in a height of 40 feet, or 5 feet in excess ofthe code requirement. As stated previously, a deviation from the code requirement is permissible in the PUD process. 6. Parking. - Meets Code Requirement The Zoning Ordinance requires 2 spaces per dwelling unit. With 30 units of housing being proposed, it would be necessary to provide 60 spaces to meet the code requirement. However, since Bethel will initially be using the building for dormitory style housing, staff suggested that 3 spaces be provided for every four students. This would result in the following number of required parking spaces: e Recommended Parkin!! Unit Type Number Number Number of Students Recommended Parking Stalls of Units ofBR (2 Per Room) (3 for every 4 students) 2 Bedroom 21 42 84 63 3 Bedroom 9 27 54 40 Adiustrnent* -1 -3 -6 -4 TOTAL: 30 69 138 99 'One of the three unit rooms will be used as a laundry/community room while Bethel occupies the building. One of the 2 bedroom units would also be occupied by a caretaker which was not factored into the above analysis. At this point, the applicant is proposing 36 stalls of underground parking and 51 stalls of surface parking, for a total of 87 stalls, or 12 less than the recommended. Note that the laundry/community room on the "Garage Floor Plan" will be replaced with two parking stalls. While the amount proposed by the applicant is less than staff requested, it is in excess of the code requirement. Additionally, the applicant has agreed to institute a permit system if parking is not satisfactory to the City at some point in the future. This would also be a component of Bethel's lease. The following table summarizes the provision of parking on the site: e 6 -e Memo to City Council - Planmng Case #UI-12: Arden South ApaiTiuents Page 7 of11 Pro osed Parkiu 87 S aces Code Re uirement 60 S aces Recommended 99 S aces The Zoning Ordinance requires that the spaces be not less than nine (9) feet by eighteen (18) feet in size, as all spaces are shown on the proposed plan. The proposal also complies with the 20 foot setback from the right-of-way. The entire parking area will be curbed, surfaced and striped in accordance with City design standards. 7. Access and Circulation. - Meets Code Requirement One access to the property is proposed onto Cleveland A venue. The access to the public street is proposed to be 20 feet wide, exceeding the requirements for a residential driveway. A permit from Ramsey County would need to be obtained for the curb cut. The Fire Inspector has reviewed the plans and is satisfied with the access and circulation of the property. 8. Screening - Meets Code Requirement e There are significant physical and natural buffers to adjacent properties. To the east, a heavily wooded ravine and creek provide separation from the single-family residences on New Brighton Road. I-35W borders the property to the west, and predominantly open areas abut the property to the north and south. Coniferous trees and other landscaping planted along County Road E2 and Cleveland Avenue will provide an appropriate buffer for the parking lot. Trash receptacles will be located within the underground parking so screening is not an issue. 9. Lighting - Information Not Available A lighting plan was not submitted with the application. This will be detailed in the architectural package. All lighting must be directed away from adjoining lots or public streets and must be hooded so that light is only directed onto the subject property. 10. Sign age - Meets Code Requirement While no signage plan was submitted, the applicant's narrative statement indicates the following with regard to signage: The building will have a 4 foot by 6 foot identification sign on the boulevard in conformance with the materials and colors used on the exterior of the building, with the building name and address. The applicant is proposing a 24 square foot sign. The sign code allows for one 50 square foot sign in this type of development. A plan highlighting the location of the proposed signage will e be requested of the applicant and provided at the Planning Commission meeting. 7 Memo to City Council t'lanning Case #01-22: Arden South Apanmems Page 8 of 11 eu ] 1. Grading and Utilities. Pending Evaluation By City Engineer At this point, the City Engineer has not had the opportunity to review the plans submitted by the applicant. The property would be serviced by existing utilities (sewer, water, gas, electric, and telephone) from Cleveland Avenue. Drainage would be accommodated by a retention pond that is proposed on the southern part of the property. Approximately 366 square feet of wetland would be filled near the pond and southwest portion of the building. Silt fencing will be provided along the eastern border ofthe property to minimize erosion during construction. Staff would suggest approval be conditioned on compliance with any suggestions provided by the City Engineer. 12. Aesthetics A colored building elevation has been attached for your review. The base ofthe building will be constructed of a rock face concrete block. The Commission might consider requesting the applicant use an alternative material such as brick, or similar material, up to the first floor window line of the West (front), North (facing County Road E2), and South (visible from Cleveland) sides ofthe building. Brick, or a similar material, covering the garage level of the East (rear) side of the building would seemingly be appropriate. e Alternating columns ofhardiplank (durable composite siding) lap siding and hardipanel stucco comprise the remainder of structure. The gable pitched roof provides some additional detail to the roofline. While the balconies will not be functional (false balcony), they do provide some additional architectural detail to the building fa9ade. 13. Additional Considerations There is currently a city lift station located on the property. However, when the applicant surveyed the property, no easement authorizing the City's use of the property had been recorded and/or executed with the County. While an easement was contemplated in conjunction with a development proposed by Hans Hagen, it does not appear as if it was ever finalized. A search of the City's easement records also failed to produce any easement document. To rectify the situation, the applicant has offered the City an easement. Deadline for Al!:encv Actions The original application for this planning case was received in June. At that time, the application was found to be incomplete. On June 20, 200 I, the applicant waived 60 day review requirement. Accordingly, the City is not required to review this application within the traditional 60 day time frame. For reference, a completed application for this request was received on September 14th, 2001. e 8 -e e e Memo to City Council Planning Case #01'-22~-mden South Apartments Page 9 of 11 Lastly, ifthe City denies the petitioners request, ...it must state in writing the reasons for the denial at the time that it dcnies the request". Options I. Recommend approval as submitted. 2. Recommend approval with conditions, 3. Recommend denial with reasons for denial. 4. Table for additional information. Planniul! Commission Recommendation With regard to Planning Case #01-22, the Planning Commission made the following recommendations, at their October 3,2001, regular meeting. The Planning Commission recommends that rezoning the property from Neighborhood Business and R-l to R-4 Multiple Dwelling, be approved based on the followiug findings: 1. The property will be in conformance with the Comprehensive Plan upon approval a Comprehensive Plan amendment; 2. Substantive changes have occurred making the zoning change necessary; 3. The change is superior to the current zoning 4. Development conditions or priorities make the existing Zoning and/or comprehensive plan impractical. The Planning Commission recommends that a comprehensive plan amendment from Neighborhood Business to High Density Residential, be approved based on the following fiudings: 1. The amendment will have a limited overall impact on the community; 2. The amendment furthers the goals and policies of the Comprehensive Plan; 3. Sufficient physical and natural features in the area minimize the impact to adjacent properties; 4. Adequate public services and utilities are available to effectively serve development on the property. 5. The amendment will have no material impacts on any water bodies. The Planning Commission recommends that the Master Plan Planned Unit Development, and Final Planned Unit Development / Site Plan review be approved with the following conditions: 1. An application for minor subdivision and consolidation be approved by the City prior to the issuance of a certificate of occupancy; 2. A permit system for parking, approved by the City, be utilized if the City determines that parking is not adequate; 3. The "Laundry/Community Room" illustrated in the garage floor plan be replaced with two parking spaces. 9 Memo to City Council Planning-Case #Ot=22: Arden South Apartments Page 10 of 11 --e 4. An easement in a form acceptable to the City Attorney be provided for the existing lift station on the property; 5. The applicant complies with any recommended changes provided by the City Engineer; 6. The applicant obtains all necessary permits from the Rice Creek Water Shed District; 7. Compliance with the applicable provisions of the Zoning Ordinance 8. The applicant submits a landscape performance bond or other surety for 125% of the cost of materials and installation valid one full year from the date of installation prior to the issuance of a building permit. 9. The applicant provides a sign easement for gateway signage near the intersection of County Road E2 and Cleveland with an area, dimension, and at a location approved by City staff. 10. The City Engineer review and approve the design and access to Cleveland Avenue. II. A lighting plan be submitted for staff review and approved by the Council. 12. The design and location for anyon-premise signage be approved by the City staff. 13. That after the end ofthe Bethel College supervised use ofthe development, any subsequent use be offered only at a market rate. 14. A written PUD agreement acceptable to the City be submitted prior to approval ofthe Final Planned Unit Development. In response to the Planning Commission's recommendation, the applicant has submitted updated plans (including a lighting plan that is acceptable from a staff perspective). These plans are included for your review. Subsequent to the public hearing, the City Administrator received a letter voicing .. opposition to the proposed project. This is also attached for your reference. ., The City Attorney has drafted a PUD Agreement addressing the issues identified in the Planning Commission's approval. In addition, he also indicated that the property should be platted to be consistent with our City Code. He also indicated that it is necessary for Council to authorize Beacon Construction to submit its application for plat approval after the City approves the Final PUD. Typically, plat approval is done concurrently with the PUD process. The above recommendation requires that it be done prior the issuance of a certificate of occupancy. This is also a stipulation of the Final PUD Permit and Development Agreement. Finally, after talking with the City Engineerm they recommended that a Gateway sign be placed in County right of way as opposed to the property. To sUll1TI1arize, aside from the recommendation by the Planning Commission, it is necessary to do the following to give final approval to the project: I. Introduction and First Reading of Ordinance No. 332 an Ordinance an1ending Ordinance 291 of the City of Arden Hills' Zoning Ordinance, Section 4 (A), relating to the rezoning of property. 2. Authorize Staff to execute the PUD Permit and Development Agreement. 3. Authorize Beacon Construction to submit its application for plat approval after the City approves the Final PUD. e 10 e e e Memo to City Council 1'Iannmg Case #01-22: Arden-SOutl1A:partmems Page 11 of 11 Attachments 1. Location Map 2. Plan Set 3. Rezoning Ordinance 4. PUD Agreement 5. 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CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 332 AN ORDINANCE AMENDING ORDINANCE 291 OF THE CITY OF ARDEN HILLS' ZONING ORDINANCE, SECTION 4 (A), RELATING TO THE RE-ZONING OF PROPERTY The Arden Hills City Council hereby ordains that # 1 is hereby added to Section 4 (A) of the City of Arden Hills' Zoning Ordinance to read as follows: Section 4 (A) Zoninl! Map 1. The property located at southeast intersection of County Road E2 and Cleveland Avenue with property identification number of283023320029is rezoned from N-B (Neighborhood Business District) to R-4 (Multiple Dwelling). The property is legally described as follows: Tract A, Registered Land Survey No. 496 Ramsey County, Minnesota 2. The portion of property west of the unimproved Cleveland Avenue located at 3803 New Brighton Road with a property identification number of283023320004 is rezoned from R-2 (Single and Two Family Residential) to R-4 (Multiple Family). All that part of the following described tract: That part of Lot 5 except the Northerly 21.3 feet and Lot 6 except the South 50 1/;, feet, Rohleder's Home and Garden Acres. lying Easterly of the Highway as presently located and established, which lies Southeasterly of a line run parallel with and distant 60 feet Southeasterly of the following described line: Beginning at a point on the East and West quarter line of Section 28, Township 30 North, Range 23 West, distant 539.13 feet East of the West quarter corner thereof Effective Date. This ordinance shall become effective the day of ,2001. Adoption Date. Passed by the City Council of the City of Arden Hills the _day of ,2001. DENNIS PROBST, MAYOR ATTEST: . . . JOSEPH P. LYNCH, CITY ADMINISTRATOR Publication Date. Published on the of , 2001. 2 . 2.0 . . Arden South A~artments Final PUD Permit and Development Agreement 1.0 Parties. This Agreement is dated the _ day of ,2001, and is entered into by and between the City of Arden Hills, a Minnesota municipal corporation (herein "City"); and Beacon Construction, a Mirmesota Corporation ("Beacon"). Recitals. A. Beacon represents that it is owner of or has a right to purchase the following described property located in Ramsey County, Minnesota, to wit: Parcel No. I: Tract A, Registered Land Survey No. 496 Ramsey County, Minnesota Parcel No.2: All that part of the following described tract: That part of Lot 5 except the Northerly 21.3 feet and Lot 6 except the South 50 Y2feet, Rohleder's Home and Garden Acres, lying Easterly of the Highway as presently located and established, which lies Southeasterly of a line run parallel with and distant 60 feet Southeasterly of the following described line: Beginning at a point on the East and West quarter line of Section 28, Township 30 North, Range 23 West, distant 539.13 feet East of the West quarter corner thereof B. Beacon is proposing to develop a 30-unit apartment building on combined Parcels I and 2 ("Improvement Project") pursuant to the plans and specifications prepared by Plow Engineering, Inc., and WSI Architects ("Plans and Specifications"). c. In order to facilitate its Improvement Project, Beacon has made applications to amend the City's comprehensive plan; to rezone Parcels 1 and 2; to approve a Planned Unit Development Master Plan; and to approve a Planned Unit Development Pinal Plan ("Beacon Applications"). D. In order to comply with the City's development regulations, Beacon will also need to combine Parcels 1 and 2 and to obtain Final Plat approval from the City for the combined Parcels. I . . . E. Beacon would like to begin construction of its Improvement Project after dvvIUvdl uf th", B"'dlOUIJ Avvli"'d[ions but UcfUl'" uutdill;llg Fllldl Plat approval for combined Parcels I and 2. F. The City has authorized Beacon to submit its application for plat approval subsequent to the City's initial approval of the Beacon Applications. 3.0 Representations. Beacon makes the following representations: A. It is a Minnesota corporation in good standing. B. It has the right to execute, deliver, and perform its obligations under this Agreement and it assures the City that the individuals who execute this Agreement on behalf of Beacon are duly authorized to sign and bind Beacon thereto. C. It is not in default under any lease, contract, or agreement into which it is a party or by which it is bound and which would affect its performance under this Agreement. It is not party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment, or decree which would prohibit it from executing this Agreement or performing its obligations under the terms of this Agreement. D. It has complied with and will continue to comply with all applicable federal, state, and local statutes, laws, ordinances, and regulations including, without limitation, any permits, licenses and applicable zoning, envirorm1ental or other laws, affecting Parcel Nos. 1 and 2 and its Improvement Project. E. None of the representations made in any exhibit attached hereto contain any untrue statement of material fact or omit any material fact, tbe omission of which would be misleading. F. It has sufficient funds or has obtained a commitment for financing in an amount adequate to finance the Improvement Project. 4.0 Terms and Conditions. In reliance upon the representations contained herein and in consideration of the mutual undertakings expressed herein, the parties agree as follows: A. Plans and Specifications. The Plans and Specifications shall be modified to incorporate the recommendations of the City Engineer, including, but not limited to, the City Engineer's recommendations for the access to Cleveland Avenue. The modified Plans and Specifications shall be initialed, dated, incorporated as Exhibit A, and shall be referred to as the 2 . D. . "PUD Final Plan". Any change in the PUD Final Plan shall require City CUUlllJa dPPluva1. B. Gradine and Drainaee. Grading and drainage improvements shall be constructed pursuant to the PUD Final Plan and shall be completed on or before the 30th day of August, 2001. c. Landscapine. Landscaping improvements shall be installed pursuant to the PUD Final Plan and shall be completed on or before the 30th day of August, 200 I. ("Completion Date"). The estimated cost ofthe landscaping improvements is $_, Beacon shall provide the City with a landscaping performance bond or other form of security acceptable to the City Attorney in an an10unt equal to 125% ofthe estimated cost of the landscaping improvements. The performance bond or other form of security shall be valid for one year from the completion date. Conditions Precedent. Prior to the issuance of a grading, excavation, or building permit, Beacon shall: I. Obtain and file with the City Administrator a permit from Ramsey County for work to be done within the County right-of-way. 2. Obtain and file with the City Administrator a permit from the Rice Creek Watershed District for drainage and ponding improvements. 3. Provide the City Administrator with a utility easement for the area ofthe lift station currently located on Parcel No.I. The exact location and dimension ofthe easements shall be approved by the City Engineer and the form of easement shall be approved by the City Attorney. 4. Provide evidence oftitle or the right to acquire title to Parcels 1 and 2. E. Certificate of Occupancy. Beacon explicitly understands that all City approvals are based on upon the acquisition and platting of combined Parcels 1 and 2. Beacon acknowledges and agrees to itself and its successors and assigns that the City may withhold a Certificate of Occupancy for the building to be constructed as part of the Improvement Project if Beacon fails to obtain Final Plat approval for combined Parcels I and 2 prior to its request for a Certificate of Occupancy. Nothing herein shall obligate the City to approve the Final Plat for combined Parcels 1 and 2 unless the proposed Plat otherwise complies with the City's platting regulations. . 3 A F. -w---- . . Minor Subdivision/Plattinl!, At the present time, Parcel NO.2 is part of a larger-parcel. Dcacon shall makc appheatiem for thc minor subdivisicfl which will create Parcel NO.2 and for the platting of combined Parcels 1 and 2 a sufficient time to advance of its request for a Certificate of Occupancy so that the City will have adequate time to process the applications pursuant to the City's subdivision regulations. G. Conditions of Use. The use of the Improvement Project shall be subject to the following conditions: 1. If the City determines that the proposed parking is inadequate, Beacon shall create a parking permit system to be approved by the City. 2. The "laundry/community room" illustrated in the garage floor plan portion of the PUD Final Plan shall be replaced with 2 parking spaces. 3. A lighting plan shall be submitted for staff review and approval by the City Council. 4. The design and location of anyon-premise signage shall be approved by the City Staff. 5. The parties acknowledge that Bethel College will supervise the initial use of the Improvement Project which may include subsidized student housing. Subsequent uses of the Improvement Project shall be at market rates. H. Notices. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage pre- paid, return receipt requested, or delivered personally: I. As to Developer: Loren Kjersten, President Beacon Construction POBox 174 Loretto, MN 55357 2. As to the City: City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 4 .__u . . Attn: City Administrator Or at such other address with respect to either such party as that party may from time to time designate in writing and forward to the other as provided in this section. I. Administrative Fees and Costs. Beacon agrees to reimburse the City its actual third party costs for project review, inspections, and for the preparation and administration of this Agreement. The cost to be paid shall include, but not be limited to, attorney's fees, engineering fees, and other technical or professional assistance. J. Assil!nment. Beacon may not assign any of its obligations under this Agreement without prior written consent of the City. K. Default. Beacon's failure to comply with the terms and obligations of this Agreement shall be considered a default. In the vent of default, the City may withhold the issuance of a Certificate of Occupancy and may pursue any other remedies in law or in equity otherwise available. Beacon agrees to pay the City's costs and expenses including attorney's fees, in the event that the city prevails in a suit or action brought by the City against Beacon to enforce the terms of this Agreement. IN WITNESS WHEREOF, the above parties have caused this Agreement to be executed as of the date and year first above written. CITY OF ARDEN HILLS A Minnesota Statutory City Dennis Probst, Mayor ATTEST: Joseph P. Lynch, City Administrator STATE OF MINNESOTA ) ) ss. ) COUNTY OF 5 . On this _ day of , 20_, before me, a notary public within and forsaid-coun1y;-pelsonally appealeu D"lllll' PlUu,l anu-foseplJ r. Lynch, to be known-to- be the foregoing instrument and acknowledge that they executed the same by authority of and on behalf of the City of Arden Hills. Notary Public . . 6 - In tile Presence of: BEACON CONSTRUCTION, A MiuH(.;ota COIporation By: By: COUNTY OF ) ) ss. ) STATE OF MINNESOTA On this _ day of , 20 ,before me, a notary public within and for said county, personally and , to be known to be the developer( s) of the above described property and they executed the foregoing instrument and acknowledged that they executed the same. Notary Public e THIS INSUTRUMENT WAS DRAFTED BY: PETERSON, FRAM & BERGMAN, P.A. (JPF) 50 East Fifth Street, Suite 300 St. Paul, MN 55101 (651) 291-8955 e 7 . e e e Mr. Joe Lynch, City Administrator --€ity-of-Ai'dcn Hills 1245 W. Highway 96 ArdenHiIls,MN 55112 October 22, 200 I Dear Mr. Lynch, We are residents of Arden Hills who live near the proposed construction site at Cleveland Avenue and County Rd E2, We participated in the public hearing held in September at which point we voiced our concerns about having a 30 unit apartment building with 90 parking spaces added to an already congested intersection. We don't object to the city's desire to build on that spot and to add to the tax rolls. What we do object to is putting such a large building on a constrained site so close to an already congested intersection. The on and off ramps for 35W at the E2 exits are very busy and hazardous, especially during rush hour. This in turn causes significant back ups along Cleveland Avenue. Adding 90 cars to the fray will put an excessive traffic burden on the area. We feel very strongly that a traffic assessment be performed prior to approval of this project. There have already been numerous and serious accidents on that overpass and at New Brighton Road. At the hearing someone suggested adding traffic lights. This would not be an effective resolution to the problem, as it would only serve to further congest the ramps at 35 W. The increase in foot traffic is also a concern. We urge Arden Hills to work with Ramsey County to effectively address this issue along Cleveland Avenue, County Road E2 and New Brighton Road. We want trails to be built into the plan before any construction is done. This area has become a heavily trafficked route frequented by area residents and students. In the absence of adequate walking paths or shoulders, safety concerns would only multiply. Why change the zoning? Why not allow for a much smaller structure with downscaled parking? Perhaps a 15 to 20 unit building with no more than 40 spaces could be better accommodated, and a structure that is within the current limits on height. Let's be honest here, the proposed building is not a long term solution to the student housing shortage at Bethel College. As stated at the hearing, Bethel's involvement and commitment to that structure is temporary at best. It is also unlikely to become a senior building after Bethel vacates it and should be viewed simply as an opportunity for Beacon Construction to build rental units. R~~ctfullY S=it~~~ Lfn ~~& Paul Farley Marsha Burgeson 3790 Brighton Way 3759 New Brighton Road ArdenHills,MN 55112 F~ Liz Modesette 3743 New Brighton Road Arden Hills, MN 5511Z I) -z- Pwd-e$v~ Cl)frf IIJ!).,?(DI " . . . 'h7 J mG~ 27;1;:; 0" fj),Vh i.ht Ard~ "- /jilis/'pj $9/L I;ICz I~t'''' P,,-+t-y) "571../2 t?t-J"f!n.. /AJ'-j A-vcl&t, f./!~~Sf/I. ~f!i~ 3::;53 NMI'312y/f7--e,N M. /wJtiv/dfUfI Mu. :;bIz- ff~ f ~ 3153 IvI%ffrJIJjl/-KdM-thUp''':o- -- . . DRAFT MINUTES CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY,OCTOBER 3,2001 7:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER Chair Baker called the meeting to order at 7:35 p.m. ROLL CALL Present were Chair Steve Baker, Commissioners, Terri Duchenes, Therese Galatowitsch, Dave Sand, Warren Pakulski, and Clayton Zimmerman. Absent: Commissioner Stephen Erickson. Also present were Councilmember Beverly Aplikowski, Councilmember Lois Rem, Acting Planner Michael Cronin, City Plarmer Aaron Parrish, and Recording Secretary Kathleen Altman. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON SEPTEMBER 5. 2001 Commissioner Sand moved, seconded by Commissioner Zimmerman, to approve the September 5, 2001 minutes as amended. The motion carried unanimously (6-0). CASE #01-27 - TOM AND KATHY GOSERUD, 4320 HAMLINE AVENUE, PRELIMINARY PLAT - PUBLIC HEARING Chair Baker opened the public hearing at 7:37 p.m. Staff stated applicants were requesting this item be tabled until the November or December, 2001 meeting to enable them to evaluate alternatives with the neighbor to the north, and evaluate the possibility of reducing the plat to two lots. Chair Baker opened the public hearing at 7:38 p.m. Commissioner Pakulski moved, seconded by Commissioner Galatowitsch, to table and continue the public hearing item to the November, 2001 meeting. The motion carried unanimously (6-0). CASE #01-22 - BEACON CONSTRUCTION. COUNTY ROAD E2 AND CLEVELENT. REZONING AND COMPREHENSIVE PLAN AMENDMENT. MAST PLAN PUD. FINAL PLAN PUD/SITE PLAN REVIEW - PUBLIC HEARING Staffreviewed their report dated September 28, 2001 and recommended approval for the reasons contained therein. ARDEN HILLS PLANNING COMMISSION - OCTOBER 3, 2001 2 Commissioner Sand inquired about the building height and asked how it would be measured. Mr. Parrish responded it would be measured from halfway from the garage to halfway on the roofline, which would be 45 feet. e-- Commissioner Sand asked if the reason they were not requiring the caliper dimensions on the landscaping was because they were providing additional landscaping. Mr. Parrish responded that was correct. Commissioner Sand inquired about the false balconies and questioned why there were sliding doors leading to a false balcony and asked if this was a building code issue. Mr. Parrish stated if this would be something that were not appropriate, the official would address it at that time. Chair Baker opened the public hearing at 7:50 p.m. Ken Anderson, 3744 Cottage Villa, expressed concern regarding the increased traffic on Cleveland and asked if they had looked at this issue. He stated he is not against the development or the college students, but Cleveland Avenue needed to be expanded and improved. He asked how many people would be in this development. Mr. Parrish replied approximately 138 people. Loren Kjersten, President Beacon Construction, presented a drawing of the proposed development. He addressed the issue of the traffic concerns. He stated one advantage to this type of development was that there would be less traffic with a housing situation, . than ifit were a retail development. He stated they designed the project to be within the Code with respect to height. He stated his initial tenant was with Bethel College, but once that lease was up, it would be intended for market rate housing, probably senior housing. It would not be for low-income housing. He asked the Commission make an action on this tonight due to time constraints. Chair Baker asked if they had pre-agreed to conditions with respect to parking permits and shuttle transportation service. Mr. Kj ersten replied that was correct and the shuttle service would alleviate some of the parking concerns. With respect to permit parking, Bethel College would limit the amount of permits and he would support placing no parking signs along Cleveland Avenue. With respect to the lighting, he stated this was a compatible project with the area because it would be lit as a residential area and the lighting would not be the same as in a commercial development. The lighting would be high sodium lighting. Commissioner Sand stated Cleveland Avenue was a County Road and the City did not have too much control over the parking issue. Jan Bergman, 3790 Brighton Way, also expressed concerns regarding traffic. She expressed concern regarding the walking path and the increase in traffic on that path. She asked about the power transmission lines along Cleveland A venue and asked what would happen with those lines. She inquired about the wetlands. Chair Baker replied the . easements would prohibit construction within those easements. .- . . ARDEN HILLS PLANNING COMMISSION - OCTOBER 3, 2001 3 Mr. Kjersten addressed the wetland and power issue by explaining where the building would b"-]llacedin c()Iljunction with the lift station. He stated the lines would stay where they were. He pointed out where the wetlands would be located, and stated the project would not be in the wetlands. This project would not change the creek at all. With respect to the balconies, they were 11 inches deep. He stated by having non-functional balconies, this would eliminate cooking on the balconies, but it would still allow for airflow into the apartments. Ms. Bergman asked if there were any plans for development south of this development. Chair Baker replied at this time, they had not received any information regarding this. Mr. Parrish replied Bethel College did have options on one or more of the lots, but they did not have any information if the College intended on doing anything with those lots. Bruce Kunkel, Vice President Bethel College, replied the college did have options on three of the lots, but they were not sure what they would do with those lots. The lots were very wet and they were not sure what could be done with them. At the present time, they did not have any plans for them. A resident from 3777 New Brighton Road asked if any portion of this construction would be south of the drainage ditch. Chair Baker replied the drainage ditch was deeded to the City and was not contemplated to be a part ofthis development. Ms. Bergman stated she was not in favor of this development. Glenda Vohnan, 1881 Beckman, inquired about the parking issue. She asked if there would be any visitor parking. Mr. Kjersten stated there would be visitor parking, but it would not be overnight parking. All parking would be by permit. Commissioner Zimmerman asked about the splitting of the management responsibility between the developer and the College. Mr. Kjersten replied Bethel was responsible for all of the property management while it was in their control, but once their lease was up, the developer would take over control of the property. Commissioner Galatowitsch asked what type of students would be living in this development. Mr. Kunkel replied this would not be designated as freshman housing. However, there could be an "older" freshman living there. There could be some sophomores there, but it would be limited. It would be primarily for juniors and seniors, but not exclusively for them. He did not anticipate any married housing, except for the resident director, who lived on the site. Commissioner Galatowitsch asked if the signage would say Bethel College, or would it indicate it was private ownership. Mr. Kunkel stated they had not addressed this issue, but for security reasons, it would be best if they referred to this as apartments and not a part of the College. Commissioner Sand asked if all of the same rules that were on the College campus also applied to this development. Mr. Kunkel replied that was correct. ARDEN HILLS PLANNING COMMISSION - OCTOBER 3, 2001 4 Ms. Bergman asked why Bethel College was not building the development themselves. . Mr. Kunkel r lied if Bethel Colle e bou ht the ro ert outri t it would take it off of the tax roles and they did have intentions in the future to develop future housing on campus, but this was a good alternative until the on campus housing was ready. Mr. Kjersten stated the apartment name would be Arden South Apartments. A resident from 3777 New Brighton Road asked if there were any guarantees that this would be senior housing after the students moved out. Mr. Kjersten stated he could not guarantee it would be senior housing because they did not know what the trend in the future would be with respect to this type of housing, but it would be marketable housing. It would not be low income or Section 8 housing. He stated this would not be family housing because the apartments would not be large enough. They were designed for empty nesters or seniors. Marsha Berguson, 3759 New Brighton Road, stated she had traffic and wetland concerns. She believed there would be an increase in accidents. She stated a stop light at that intersection would be needed. She asked the City consider this when basing their decision. Mr. Kjersten stated the traffic issue was a very legitimate concern, but he believed this type of a development would be less traffic than a commercial development. He stated once the Bethel students moved out, the amount of people in those apartments would be cut in half, which would also eliminate some of the traffic in the future. Chair Baker closed the public hearing at 8:30 p.m. . Commissioner Sand explained the history of why this area was originally zoned as a neighborhood business. He stated there were never any serious takers on this property to develop this type of a business so the land had remained dormant. Therefore, if they were not going to get any neighborhood business in this area, a multi-family development in this area made sense. He stated he was in favor ofrezoning this area. He stated he did not see any better use to this land. Commissioner Duchene asked if this area was a gateway area. Mr. Parrish replied it was not a gateway area. Commissioner Sand stated the Comprehensive Plan showed this was a gateway designated location, unless this was redesignated. Commissioner Duchene asked if consideration should be given at the comer for a gateway sign and asked if a sign easement would be appropriate. Mr. Kjersten replied they had no objection to having a gateway sign at this comer. They did not have any objection giving the City an easement for a City provided gateway sign. Commissioner Duchene asked if they had considered putting sidewalks or footpaths along Cleveland Avenue. Mr. Kjersten replied one of the issues was that most of the . significant vegetation was along the area where a sidewalk would need to be placed. A lot of large trees would be lost if they placed a sidewalk there. He stated the other area ARDEN HILLS PLANNING COMMISSION - OCTOBER 3, 2001 5 . they could place sidewalks would infringe upon the wetland areas, and that would not be kgal. Chair Baker asked if there were any City trails planned for this area. Mr. Parrish replied there was a proposal to place a trail along New Brighton Road. Commissioner Galatowitseh stated the foot traffic was a serious concern for this area. She stated this was a very busy area, but putting in sidewalks was not necessarily going to resolve this issue at this time. She stated something needed to be done in this area. She stated the bridge was at a very awkward angle and asked when the bridge was due to be reconstructed and at that point, would this area be made safer. Mr. Parrish replied he did not have that information, but he did not believe the bridge would be reconstructed anytime soon. Commissioner Duchene asked if the students would be driving back and forth to the campus every day. Mr. Kunkel replied he did not have that information, but he did believe some students would be driving daily. . Commissioner Pakulski moved, seconded by Commissioner Sand, to recommend approval of Planning Case #01-22, Beacon Construction, County Road E2 and Cleveland, rezoning the Neighborhood Business and R-I to R-4 Multiple Dwelling, Comprehensive Plan amendment from Neighborhood business to high density residential, and the Master Plan Planned unit development, and final planned unit development/site plan review for the following reasons and the following conditions: The Planning Commission recommends rezoning the property from Neighborhood Business and R -1 to R -4 Multiple Dwelling, be approved based on the following findings: 1. The property will be in conformance with the Comprehensive Plan upon approval a Comprehensive Plan amendment; 2. Substantive changes have occurred making the zoning change necessary; 3. The change is superior to the current zoning 4. Development conditions or priorities make the existing Zoning and/or comprehensive plan impractical. The Planning Commission recommends that a comprehensive plan amendment from Neighborhood Business to High Density Residential, be approved based on the following findings: I. 2. 3. 4. . 5. The amendment will have a limited overall impact on the community; The amendment furthers the goals and policies of the Comprehensive Plan; Sufficient physical and natural features in the area minimize the impact to adjacent properties; Adequate public services and utilities are available to effectively serve development on the property. The amendment will have no material impacts on any water bodies. ARDEN HILLS PLANNING COMMISSION - OCTOBER 3, 2001 The Planning Commission recommends that the Master Plan Planned Unit Development, --'lndEinaU'lanned Unit Developm~ite Plan review be apprQyed with the following conditions: I. An application for minor subdivision and consolidation be approved by the City prior to the issuance of a certificate of occupancy; 2. A permit system for parking, approved by the City, be utilized if the City determines that parking is not adequate; 3. The "Laundry/Community Room" illustrated in the garage floor plan be replaced with two parking spaces. 4. An easement in a form acceptable to the City Attorney be provided for the existing lift station on the property; 5. The applicant complies with any recommended changes provided by the City Engineer; 6. The applicant obtains all necessary permits from the Rice Creek Water Shed District; 7. Compliance with the applicable provisions ofthe Zoning Ordinance 8. The applicant submits a landscape performance bond or other surety for 125% of the cost of materials and installation valid one full year from the date of installation prior to the issuance of a building permit. 9. The applicant provides a sign easement for gateway signage near the intersection of County Road E2 and Cleveland with an area, dimension, and at a location approved by City staff. 10. The City Engineer review and approve the design and access to Cleveland Avenue. 11. A lighting plan be submitted for staff review and approved by the Council. 12. The design and location for anyon-premise signage be approved by the City staff. 13. That after the end of the Bethel College supervised use of the development, any subsequent use be offered only at a market rate. 14. A written Pun agreement acceptable to the City be submitted prior to approval of the final Planned Unit Development. The motion carried unanimously (6-0). Chair Baker recessed the meeting at 9:00 p.m. Chair Baker reconvened the meeting at 9:03 p.m. CASE #01-23 - CITY OF ARDEN HILLS. SIGN ORDINANCE - PUBLIC HEARING Chair Baker opened the public hearing at 9:04 p.m. Staff reviewed their report dated September 26,2001 and recommended approval for the reasons contained therein noting staff was recommending in District 4, the wall maximum area be 60 square feet, not 100 square feet. The freestanding max area would be 80 square feet, not 100 square feet. In District 5, the wall max area would be 80 square feet, not 100 square feet with the freestanding max would remain the same. In District 6, the wall max area would be 60 square feet, not 100 square feet and the freestanding max area would be 45 square feet, not 100 square feet. Commissioner Galatowitsch stated she wanted to see language III Section X that addressed both new and existing signs, not just new signs. 6 e . . - . . ARDEN HILLS PLANNING COMMISSION - OCTOBER 3, 2001 7 .Commissioner Zimmerman pointed out that if the changes were made as suggested by staff, iliere were going to be a lot of nonconforming signs in the City that would need to be grandfathered in until the signs were changed. Councilmember Aplikowski asked on page 3, number 5, last sentence why the sign could not have a logo message on it. Mr. Cronin stated this would be advertising for the business. They could put the business name on the sign, but not an advertising logo. Commissioner Sand stated he did not see why logos would be a problem. Commissioner Galatowitsch replied it would allow uniformity. Mr. Cronin replied this was to limit any abuses of advertising for businesses. Chair Baker closed the public hearing at 9:34 p.m. Chair Baker asked if there was any way lighted signs could be dimmed in the evenings. Mr. Cronin replied this happened due to the sign clocks getting out of sync. He would recommend the signs be primarily public service (time and temperature) and limit it to 25% size of the sign. Commissioner Sand asked why they did not limit the wattage of lit signs. Mr. Cronin stated if the City wanted this addition, it would be possible and he would locate the standard for this type of lighting. Commissioner Sand stated he was sympathetic to the suggestions made by staff limiting the sign size, but he stated he was still opposed to tall signs. He stated he was opposed to 28 feet in height on District 4. He recommended 18 or 20 feet. He pointed out various typographical errors on the report and requested those errors be corrected. Commissioner Galatowitsch stated she agreed to bring the sign height down to 20 feet in District 4. Chair Baker asked if they change the square footage to 80 square feet, that should bring down the height of the sign. Mr. Cronin agreed. He stated they could go to 20 feet if they wanted. After discussion, the Commission agreed to a 22-foot height. Councilmember Sand moved, seconded by Councilmember Pakulski to extend the meeting time past 10:00 p.m. The motion carried (5-1). (Commissioner Zimmerman Voting Nay) Commissioner Pakulski moved, seconded by Commissioner Galatowitsch, to recommend approval of Planning Case #01-23, City of Arden Hills, Sign Ordinance with the modifications recommended by staffregarding sign size for Districts 4, 5, and 6; 22 feet for the sign height for District 4; the typographical errors be corrected; along with the other suggestions made by the Commission. ARDEN HILLS PLANNING COMMISSION - OCTOBER 3, 200l 8 The motion carried unanimously (6-0). . NEW BUSINESS CASE # 01-16 -CITY OF ARDEN HILLS SHORELAND MANAGEMENT ORDINANCE CODIFICATION Staff reviewed their report dated September 26, 2001 and recommended codification as presented noting the changes made by the City Attorney. Commissioner Zimmerman pointed out the Rules of Construction did not read as the other City Ordinances did. Mr. Parrish replied these rules were apparently taken from the language used in the 1970s. Commissioner Sand asked if this Ordinance applied to storage of materials and trash along the shoreline. Mr. Parrish stated he did not know if this Ordinance would apply, but the nuisance Ordinance would apply. He stated he would talk with the City Attorney to see if they could add this type oflanguage to this Ordinance. Commissioner Sand moved, seconded by Commissioner Duchene, to table Case #01-16 for additional information. The motion carried unanimously (6-0). REPORTS . A. Council Liaison Councilmember Aplikowski indicated Council had approved the Guidant signs, except for the water tower. The Hamline subdivision, this was not approved. The Perkins application was approved. The Arden Tower proposal had been discussed in worksession. She stated they had been promised they would be in the new City Hall by the end ofthe month. B. Planning Commissioners There were no reports from the Planning Commission. C. Staff Mr. Parrish gave an update on the next meeting's agenda. He asked the Commission for guidelines on what type of activities the Commissioners were willing to attend. Chair Baker stated the Commissioners had in the past reviewed properties and he asked if there were any legal issue regarding this. Mr. Parrish stated he did not know if this was a legal issue, or if it was an ethical issue. . Commissioner Sand stated it was his opinion that it was alright to look at the property, but not discuss the issue directly with the applicant. Commissioner Zimmerman agreed. . e . ARDEN HILLS PLANNING COMMISSION ~ OCTOBER 3, 2001 9 He stated if an applicant wanted to speak with someone, they needed to address the whole Commission. Commissioner Galatowitsch stated if someone did approach a Commissioner, it was okay to listen as long as the Commissioner's opinion or thoughts were not expressed. Chair Baker suggested an applicant e-mail the staff with their concerns and it be forwarded to the Commission. Mr. Parrish suggested staff prepare a draft of some standards to deal with issues such as these. Commissioner Sand stated he personally preferred not to have 6:30 p.m. worksessions before the Commission meeting. Mr. Parrish stated there was an error on the agenda for this week and the worksession should have started at 7:00 p.m. and not 6:30 p.m. He also pointed out the worksessions were open to the public. The Commission agreed to cancel the worksessions prior to the Commission meeting. If there was a long agenda, or if staff felt a worksession was necessary, staff would inform the Commission that a worksession was needed and one would be scheduled. ADJOURNMENT Commissioner Zimmerman moved, seconded by Commissioner Sand, to adjourn the meeting at 10:38 p.m. The motion carried unanimously (6-0). e e e ~ ~~HILLS CITY OF ARDEN HILLS MEMORANDUM DATE: October 17, 2001 TO: Mayor and City Council FROM: Aaron Parrish, City Planner SUBJECT: Case #01-15, City of Arden Hills Flood Plain Ordinance Reauest The City of Arden Hills requests consideration of Ordinance #331, an ordinance adopting flood plain management standards with the City of Arden Hills. Backaround The City's current Flood Plain Ordinance, Ordinance #283, was reviewed and adopted as part of the City Code in October 1991. Since this ordinance is left out of the forthcoming codification of the City Code, it is necessary to adopt a new ordinance to ensure continued regulation of the City's flood piain areas. Further, it is necessary to have a Flood Plain Ordinance in effect to receive final approval of our Comprehensive Plan from the Metropolitan Council. The city is required to adopt and enforce regulations for development within Flood Plain areas, the affected areas in the City are unchanged from those originally mapped by the Federal Emergency Management Agency, and the regulations are enforceable and working well. Therefore, no amendments to the original ordinance are proposed as part of the new ordinance. The mapped flood plain areas are divided into three districts. In the Floodway district, where the prevention of any obstruction to the flow of fioodwaters is the objective, no permanent structures are permitted. In the Flood Fringe district, the objective is prevention of damage from flooding and the preservation of flood water storage capacity. Deveiopment is generally permitted in the Flood Fringe district if elevated above the predicted flood elevation, or depending on the use, through flood proofing construction techniques. The Ordinance also provides for, reguiation of non conforming uses, and adoption of the Flood Plain Map. Flood Plain Ordinance Memo October 17, 2001 Page 20f2 Plannina Commission Review At their September meeting, the Planning Commission held a Public Hearing on the proposed ordinance. No comments were received at that time. The Planning Commission voted unanimously to recommend approval of the ordinance. Action Reauired Consider introduction and first reading of Ordinance #331, an ordinance adopting flood plain management standards within the City of Arden Hills. e . e e CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 331 FLOOD PLAIN MANAGEMENT AN ORDINANCE ADOPTING FLOOD PLAIN MANAGEMENT STANDARDS WITHIN THE CITY OF ARDEN HILLS 331.1 Statutorv Authorization. This Chapter is enacted pursuant to the provisions of M.S. I03F and 462.357, which authorize local government units to adopt regulations designed to minimize flood losses. 331.2 Findin!!s of Fact Subd. 1. Hazards Exist. The flood hazard areas of the City are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. e Subd. 2. Method Used to Analvze Flood Hazards. There regulations of this Chapter are based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. 331.3 Statement of PUrDose. It shall be the purpose of this Chapter to promote the public health, safety, and general welfare. 331.4 Zonin!! Ordinance. The City of Arden Hill's Zoning Ordinance is adopted by reference and made a part of this Chapter as if set out in full. 331.5 Re!!ulatorv Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation ofa floodway. 331.6 Administrator. The City Administrator or other official designated by the City Council shall administer and enforce this Chapter. If the City Administrator finds a violation of the provisions of this Chapter the City Administrator shall notify the person responsible for the violation in accordance with the procedures. e 331.7 Lands to Which Re!!ulations Aoplv. These regulations of this Chapter shall apply to all lands within the City as shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. 331.8 Establishment of Official Zonin!! Map. The Official Zoning Map together with all materials attached thereto shall be adopted by reference and declared to be a part of this Ordinance 331 Page 1 Chapter as if set out here in full. The attached material shall include the Flood Insurance Study for the City prepared by the Federal Insurance Administration and the Flood Boundary and Floodway Map and Flood Insurance Rate Map. The Official Zoning Map ... shall be on file in the Office of the City Administrator. . 331.9 Interpretation Subd. 1. Minimum Standards. In their interpretation and application, these regulations of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Subd. 2. Boundaries. The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions shall be based on elevations on the regional (IOO-year) flood profile and other available technical data. Any person contesting the location of the district boundaries shall be given a reasonable opportunity to present his or her case to the Board and to submit technical evidence. 331.10 Compliance with District Re!!ulations. No new structure or land shall be used and no structure shall be located, extended, converted, or structurally altered without full compliance with tbe terms of this Chapter and other applicable regulations. Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or special uses shall be prohibited. In addition, a caution shall be provided here that: tit A. New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles shall be subject to the general provisions ofthis Chapter. B. Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Chapter; and C. As-built elevations for elevated or flood proofed structures shall be certified by ground surveys and flood proofing techniques shall be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Chapter. 331.11 Abro!!ation and Greater Restrictions. These regulations of this Chapter shall not be intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where the provisions of these regulations of this Chapter impose greater restrictions, the greater restrictions shall prevail. All other City regulations inconsistent with this Chapter shall hereby be suspended to the extent of the inconsistency only. tit Ordinance 331 Page 2 e 331.12 Warnin!! and Disclaimer of Liabilitv. The provisions of this Chapter do not imply that areas outside the flood plain districts or land uses permitted within the districts will be free from flooding or flood damages. This Chapter shall not crcate liability on the part of the City or any officer or employec of the City for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made under the authority of this Chapter. 331.13 Definitions. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Chapter its most reasonable application. Subd. 1. Accessorv Use or Structure. "Accessory Use or Structure" shall mean a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Subd. 2. Bascment. "Basement" shall mean any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Subd. 3. Euual De!!ree of Encroachment. "Equal Degree of Encroachment" shall mean a method of determining the location of floodway boundaries so the flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. e Subd. 4. Flood. "Flood" shall mean a temporary increase in the flow or stage ofa stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Subd. 5. Flood Freuuencv. "Flood Frequency" shall mean the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Subd. 6. Flood Frin!!e. "Flood Fringe" shall mean that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City. Subd. 7. Flood Plain. "Flood Plain" shall mean the beds proper and the areas adjoining a wetland, lake or watercourse which have been or may be covered by the regional flood. Subd. 8. Flood-Proofin!!. "Flood-Proofing" shall mean a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Subd. 9. Floodwav. "Floodway" shall mean the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. tit Subd. 10. Obstruction. "Obstruction" shall mean any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, Ordinance 331 Page 3 retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Subd. 11. Principal Use or Structure. "Principal Use or Structure" shall mean all uses or structures that are not accessory uses or structures. e Subd. 12. Reach. "Reach" shall mean a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Subd. 13. Re!!ional Flood. "Regional Flood" shall mean a flood which is representative of large flood known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. Subd. 14. Re!!ulatorv Flood Protection Elevation. "Regulatory Flood Protection Elevation" shall mean an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachment on the flood plain that result from designation of a floodway. Subd. 15. Special Use. "Special Use" shall mean a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official ... zoning controls or building codes and upon a finding that: (1) certain conditions as . detailed in the zoning ordinance exist and (2) the structure and/or land use conforms to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. Subd. 16. Structure. "Structure" shall mean anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria otherwise specified in this Chapter and other similar items. Subd. 17. Variance. "Variance" shall mean a modification of a specific permitted development standard required in an official control to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstances as defined and elaborated upon in the City's planning and zoning enabling legislation. 331.14 Desi!!nation of Zonin!! Districts Subd. 1. FJoodwav District. The floodway District shall include those areas designated as flood way on the Flood Boundary and Floodway Map adopted in this Chapter. e Ordinance 331 Page 4 e Subd. 2. Flood Frin!!e District. The Flood Fringe District shall include those areas designated as floodway fringe on the Flood Boundary and Floodway Map adopted in this Chapter. Subd. 3. General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map adopted in this Chapter. 331.15 Floodwav District Subd. 1. Permitted Uses A. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. B. Industrial-commercial loading areas, parking areas, and airport landing strips. C. Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. tit D. Residential lawns, gardens, parking areas, and play areas. Subd. 2. Standards for Floodwav Permitted Uses A. The use shall have a low flood damage potential. B. The use shall be permissible in the underlying zoning district if one exists. C. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of material or equipment. Subd. 3. Snecial Uses. Structures accessory to the uses listed as permitted uses, and the specific uses listed below: A. Extraction and storage of sand, gravel, and other materials. B. Marinas, boat rentals, docks, piers, wharfs, and water control structures. C. Railroads, streets, bridges, utility transmission lines, and pipelines. D. Storage yards for equipment, machinery or materials. tit E. Placement offill. Ordinance 331 Page 5 F. Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of this Chapter. e G. Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent shall be to protect individual structures and levees or dikes where the intent shall be to protect agricultural crops for a frequency flood event equal to or less than the 100- year frequency flood event. Subd. 4. Standards for Floodwav Soecial Uses A. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a Special Use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. B. All floodway Special Uses shall be subject to the procedures and standards contained in this Section. C. The Special Use shall be permissible in the underlying zoning district if one exists. D. Fill. tit 1. Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. 2. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. 3. As an alternative, and consistent with Paragraph 2 above, dredge spoil disposal and sand and gravel operations may allow temporary, onsite storage of fill or other materials which would have caused an increase to the stages of the 100-year or regional flood but only after the City has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The Special Use Permit shall be title registered with the property in the Office of the County Recorder. E. Accessory Structures. I. Accessory structures shall not be designed for human habitation. tit Ordinance 331 Page 6 2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. tit a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. 3. Accessory structures shall be elevated or fill or structurally dry flood proofed in accordance with the FP-l or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage shall be used solely for parking of vehicles and limited storage. All flood proofed accessory structures shall meet the following additional standards, as appropriate: a. The structure shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and e b. Any mechanical and utility equipment in a structure shall be elevated to or above the Regulatory Flood Protection Elevation or properly flood proofed. F. Storage of Materials and Equipment. 1. The storage or processing of materials that are, in time of flooding, flannnable, explosive, or potentially injurious to human, animal, or plant life shall be prohibited. 2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. G. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. tit Ordinance 331 Page 7 H. A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis shall assume equal conveyance or storage loss on both sides of a stream. tit 331.16 Flood Frin!!e District Subd. 1. Permitted Uses. Permitted Uses shall be those uses of land or structures listed as Permitted Uses in the underlying zoning use district(s). If no preexisting, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a Permitted Use in the Flood Fringe provided such use does not constitute a public nuisance. All Permitted Uses shall comply with the standards for Flood Fringe "Permitted Uses" listed in this Section and the "Standards for all Flood Fringe Uses" listed in this Subsection. Subd. 2. Standards for Flood Frin!!e Permitted Uses. A. All structures, including accessory structures, shall be elevated on fill so that the lowest floor including any basement floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (I) foot below the Regulatory Flood Protection Elevation and the fill shall extend at an elevation of at least fifteen (J 5) feet beyond the outside limits ofthe structure erected thereon. B. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with this Chapter. tit C. The cumulative placement of fill where at anyone time in excess of one- thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a Special Use, unless the fill is specifically intended to elevate a structure in accordance with this Section. D. The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. Subd. 3. Special Uses. Any structure that is not elevated on fill or flood proofed in accordance with this Section or any use of land that does not comply with the standards in this Subsection shall only be allowable as a Special Use. An application for a Special Use shall be subject to the standards and criteria and evaluation procedures specified in this Section. Subd. 4. Standards for Flood Frin!!e Special Uses A. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tit Ordinance 331 Page 8 e tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1. The enclosed area is above-grade on at least one side of the structure; 2. It is designed to internally flood and IS constructed with flood resistant materials; and 3. It is used solely for parking of vehicles, building access or storage. B. The above-noted alternative elevation methods shall be subject to the following additional standards: 1. Design and Certification. The structure's design and as-built condition shall be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be at or above the Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. e 2. Specific Standards for Above-Grade, Enclosed Areas. Above grade, fully enclosed areas such as crawl spaces or tuck under garages shall be designed to internally flood and the design plans shall stipulate: a. The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. b. That the enclosed area shall be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. C. Basements, as defined by this Chapter, shall be subject to the following: 1. Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation. e Ordinance 331 Page 9 2. Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with this Chapter. e D. All areas of non-residential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing shall meet the FP-l or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 and FP-4 classification shall not be permitted. E. When at anyone time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan shall be submitted unless the community is enforcing a State- approved shoreland management ordinance. In the absence of a State- approved shoreland ordinance, the plan shall clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100- year or regional flood event. The plan shall be prepared and certified by a registered professional engineer or other qualified individual acceptable to a the City. The plan may incorporate alternative procedures for removal of . the material from the flood plain if adequate flood warning time exists. F. Storage of Materials and Equipment. 1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life shall be prohibited. 2. Storage of other materials may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. Sub. 5. Standards for All Flood Frin!!e Uses A. All new principal structures shall have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment shall specify lirnitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. e Ordinance 331 Page 10 tit . B. Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two (2) feet or be subject to flood velocities greater than (4) feet per second upon occurrence of the regional flood. C. Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plans operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Paragraph B above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. D. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard areas designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. FEMA's standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. E. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. F. Standards for travel trailers and travel vehicles are contained in Section 9.5-54. G. All manufactured homes shall be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame times to ground anchor. This requirement shall be in addition to applicable state of local anchoring requirements for resisting wind forces. 331.17 General Flood Plain District . Subd. 1. Permitted Uses A. The uses listed as permitted uses for Floodway Districts, shall be permitted uses in a General Flood Plain District. Ordinance 331 Page 11 B. All other uses shall be subject to the floodwaylflood fringe evaluation criteria set forth in this code. tit Subd. 2. Procedures for Floodwav and Flood Frin!!e Determinations Within the General Flood Plain District A. Upon receipt of an application for a Special Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish the following information as is deemed necessary by the City Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flood Fringe District. 1. A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross- sectional areas to be occupied by the proposed development, and high water information; and 2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type; and e 3. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. B. The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000-6120.6200 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analyst. The designated engineer or expert shall: 1. Estimate the peak discharge of the regional flood. 2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis ofthe stream channel and overbank areas. 3. Compute the floodway necessary to conveyor store the regional flood without increasing flood stages more than 0.5 foot. A lesser tit Ordinance 331 Page 12 e stage increase than 0.5 foot shall be required if, as a result of the additional State increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. C. The City Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Governing Body. The Governing Body shall formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Governing Body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe Boundaries have been determined, the Governing Body shall refer the matter back to the City Administrator who shall process the permit application consistent with the applicable provisions of this Chapter. e 331.18 Review Criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatroent facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatroent facilities that comply with the provisions of this Chapter and have road access both to the subdivision and to the individual building sites no lower than two (2) feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labeled on all required subdivisions drawings and platting documents. 331.19 Floodwav/Flood Frin!!e Determinations in the General Flood Plain District. In the General Flood Plain District applicants shall provide the information required to determine the 100-year flood elevation, the Floodway and Flood Fringe District bflundaries and the Regulatory Flood Protection Elevation for the subdivision site. 331.20 Removal of Special Flood Hazard Area Desi!!nation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the IOO-year flood elevation. FEMA' s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These FEMA standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. e 331.21 Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. 331.22 Public Transoortation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with this code. Elevation to the Regulatory Flood Ordinance 331 Page 13 Protection Elevation shall be provided where failurc or interruption of the transportation facilities would result in danger to the public health or safety of where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may . be constructed at a lower elevation where failurc or interruption of transportation services would not endanger the public health or safety. 331.23 On-Site Sewa!!e Treatment and Water Sunolv Svstems. Where public utilities are not provided: A. On-site water supply systems shall be designated to minimize or eliminate infiltration of flood waters in the systems; and B. New or replacement on-site sewage treatment systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment of contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. 331.24 Permit ReQuirements. Subd. 1. Permit ReQuired. A Permit issued by the City Administrator in conformity with the provisions 'of this Chapter shall be secured prior to the erection, addition or ... alteration of any building, structure, or portion thereof; prior to the use or change of use . of a building, structure, or land; prior to the change or extension of a non-conforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. Subd. 2. Application for Permit. Application for a Permit shall be made in duplicate to the City Administrator on forms furnished by the City Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location ofthe foregoing in relation to the stream channel. Subd. 3. State and Federal Permits. Prior to granting a Permit or processing an application for a Special Use Permit or Variance, the City Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. Subd. 4. Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Chapter. Flood proofing measures shall be certified by a registered professional engineer or registered architect. 331.25 Soecial Uses. The City Council shall hear and decide applications for Special Uses .. permissible under this Chapter. Applications shall be submitted to the City Administrator . who shall forward the application to the City Council for consideration. Ordinance 331 Page 14 e Subd. 1. Hearinl!s. Upon filing with the City Council an application for a Special Use Permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Special Use sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. Subd. 2. Decisions. The City Council shall arrive at a decision on a Special Use within thirty (30) days. In granting a Special Use Permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Subdivision 6, which are in conformity with the purposes of this Chapter. Violations of conditions and safeguards, when made a part of the terms under which the Special Use Permit is granted, shall be deemed a violation punishable. A copy of all decisions granting Special Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days ofthe action. Subd. 3. Procedures to be Followed bv the City Council in Passinl! on SDecial Use Permit Applications within all Flood Plain Districts A. The applicant shall furnish the following information and additional information as deemed necessary by the City Council for determining the suitability ofthe particular site for the proposed used: I. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location ofthe stream channel. e 2. Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. B. The City Council shall transmit one copy of the information described in Subdivision 3 above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. C. Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. Subd. 4. Factors Upon Which the Decision of the City Council Shall be Based. In passing upon Special Use applications, the City Council shall consider all relevant factors specified in other Sections ofthis Chapter, and: e A. The danger to life and property due to increased flood heights or velocities caused by encroachments. Ordinance 331 Page 15 B. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. tit C. The proposed water supply and sanitation systems and the ability of thcse systems to prevent disease, contamination, and unsanitary conditions. D. The susceptibility of the proposed facilities and its contents to flood damage and the effect of the damage on the individual owncr. E. The importancc of the services provided by the proposed facility to the community. F. The requirements of the facility for a watcrfront location. G. The availability of alternative locations not subject to flooding for the proposed use. H. The compatibility of the proposed use with eXlstmg development and development anticipated in the foreseeable future. 1. The relationship of the proposed use to the comprehensive plan and flood plain management program for the arca. J. The safety of access to the property in times of flood for ordinary and ... emergency vehicles. . K. The expectcd heights, vclocity, duration, rate of nse, and sediment transport ofthe flood waters expected at the site. L. Any other factors which shall bc relevant to the purposes of this Chapter. Subd. 5. Time for Actin!! on Aoplication. The City Council shall act on an application in the manner described above within thirty (30) days from rcceiving a completed application, except that where additional information is required, in which event the City Council shall render a written decision within thirty (30) days from the receipt of any additional information. Subd. 6. Conditions Attached to Special Use Permits. Upon consideration of the factors listed above and the purpose of this Chapter, the City Council shall attach such conditions to the granting of Special Use Permits as it deems necessary to fulfill the purposes of this Chapter. The conditions may include, but shall not be limited to, the following: A. Modifications of waste treatment and water supply facilitics. B. Limitations on period of use, occupancy, and operation. . C. Imposition of operational controls, sureties, and deed restrictions. Ordinance 331 Page 16 e D. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. E. Flood proofing measures, in accordance with the State Building Code and this Chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. 331.26 Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this Chapter as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of the variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State law. e Subd. 1. Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. Subd. 2. Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Chapter. Subd. 3. Hearin!!s. Upon filing with the Board of Adjustment of an appeal from a decision of the City Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner shall receive at least ten (l0) days notice ofthe hearing. e Subd. 4. Decisions. The Board shall arrive at a decision on the appeal or variance within thirty (30) days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this Chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the City Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the Board may prescribe appropriate conditions and safeguards, which shall be in conformity with the purposes of this Chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be punishable. A copy of all decisions granting variances shall be forwarded by mail to the Commission of Natural Resources within ten (l0) days of the action. Ordinance 331 Page 17 Subd. 5. Appeals. Appeals from any decision of the Board may be made.. as specified in the City's Official Controls and also Minnesota Statutes. Subd. 6. Flood Insurance Notice. The City Administrator shall notify the applicant for a variance that: . A. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and B. Such construction below the 100-year or regional flood level increases risks to life and property. The notification shall be maintained with a record of all variance actions. Subd. 7. Record Keepinl!. A community shall maintain a record of all variance actions, including justification for their issuance, and report the variances issued in its annual or biennial report submitted to the Administrator ofthe National Flood Insurance Program. 331.27 General Application. Permit. Use. etc.. Requirements Subd. 1. Certificate of Zoninl! Comoliance. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the City Administrator stating that the use ofthe building or land conforms to the requirements of this Chapter. tit Subd. 2. Construction and Use to be as Provided. Permits, Special Use Permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in the approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Chapter and punishable. Subd. 3. Record of First Floor Elevation. The Building Inspector shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structure in the flood plain. The Building Inspector shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed. 331.28 Subdivision ReQuirement. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by this code. 331.29 Placement Restrictions. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts shall be treated as a new structure and may be placed only if elevated in compliance with this code. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with this code, then replacement manufactured tit Ordinance 331 Page 18 tit homes shall not be allowed until the property owner(s) develops a flood wammg emergency plan acceptable to the City Council. 331.30 Anchorinl!. All manufactured homes shall be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but shall not be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 331.31 Exemption Criteria. Travel trailers and travel vehicles that do not meet the exemption criteria specified in this Subsection shall be subject to the provisions of this chapter and as specifically spelled out below: Snbd. 1. General Exemption. Travel trailers and travel vehicles shall be exempt from the provisions of this Chapter if they are placed in any of the areas listed in Paragraph B. below and they meet the following criteria: A. Have current licenses required for highway use. B. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it. tit C. The travel trailer or travel vehicle and associated use shall be permissible in any preexisting, underlying zoning use district. Subd. 2. Area Exempted For Placement of TravellRecreational Vehicles: A. Individual lots or parcels of record. B. Existing commercial recreational vehicle parks or campgrounds. C. Existing condominium type associations. Subd. 3. Loss of Exemption. Travel trailers and travel vehicles exempted under this Section lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of the land restrictions specified in this code. tit Subd. 4. Parks. Campl!rounds. Snbdivisions. New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: Ordinance 331 Page 19 A. Any new or replacement travel trailer or travel vehicle shall be allowed in the Floodway or Flood Fringe Districts provided the trailer or vehicle and its contents are placed on fill above the Regulatory Flood Protection ... Elevation and proper elevated road access to the site exists in accordance . with this code. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or regional flood. B. All new or replacement travel trailers or travel vehicles not meeting the criteria of Paragraph A. above may, as an alternative, be allowed as a Special Use if in accordance with the following provisions and the provisions this code. The applicant shall submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. The plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles shall be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with this code. 331.32 Non-Conforminl! Uses. A structure or the use of a structure or premises whicb was lawful before the passage or amendment of this Code but which shall not be in conformity with the provisions of this Chapter may be continued subj ect to the following conditions: Subd. 1. Increase. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. tit Subd. 2. Alteration Protection. Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-l through FP-4 flood proofing classifications) allowable in the State Building Code, except as further restricted in Subdivision 3. Subd. 3. Restrictions on Alterations. The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the City's initial flood plain controls shall be calculated into today's current cost which shall include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure shall meet the standards of this code for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. Subd. 4. Discontinued Use. If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall comply with this Chapter. The assessor shall notify the City Administrator in writing of instances of nonconforming uses which have been discontinued for a period of twelve (12) months. tit Ordinance 331 Page 20 e Subd. 5. Destruction. If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Chapter. The applicable provisions for establishing new uses or new structures in this code shall apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. 331.33 Desi!!nation Removal. The flood plain designation of the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are adequately protected for the intended use. 331.34 A!!encv ADDroval. All amendments to this Chapter, including amendments to the Official Zoning Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map shall meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and shall receive prior FEMA approval before adoption. The Commissioner of Natural Resources shall be given ten (10) days written notice of all hearings to consider an amendment to this Chapter and the notice shall include a draft of the Chapter amendment or technical study under consideration. e 331.35 Enforcement and Penalties for Violation Subd. 1. Misdemeanor. Violation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Special Uses) shall constitute a misdemeanor and shall be punishable as defined by law. Subd. 2. Other Remedies. Nothing contained in this Chapter shall prevent the City from taking any other lawful action as is necessary to prevent or remedy any violation. Such actions may include but shall not be limited to: A. In responding to a suspected ordinance violation, the City Administrator and City Council may utilize the full array of enforcement actions available to it, including but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City shall act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. B. When an ordinance violation is either discovered by or brought to the attention of the City Administrator, the City Administrator shall immediately investigate the violation of the official control. As soon as is reasonably possible, this information shall be submitted to the appropriate e Ordinance 331 Page 21 Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the City's plan of action to correct the violation to the degree possible. tit C. The City Administrator shall notify the suspected party of the requirements ofthis Chapter and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the City Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the City. If the construction or development is already completed, then the City Administrator may either: I. Issue an order identifying the corrective actions that shall be made within a specified time period to bring the use of structure into compliance with the official controls, or 2. Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed thirty (30) days. D. If the responsible party does not appropriately respond to the City Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Chapter and shall be prosecuted accordingly. The City Administrator shall also upon the lapse of the specified response period notify the land owner to restore the land a to the condition which existed prior to the violation of this Chapter. · e Ordinance 331 Page 22 e e e URS MEMORANDUM BRW Thresher Square 700 Third Street South Minneapolis. MN 55415 Phone: (612) 370-0700 Fax: (612) 370-1378 To: Joe Lynch/Arden Hills City Administrator File: 37951-005-3001 From: Gregory S. Brown Arden Hills City Engineer Date: October 16, 2001 Subject: City Hall Right Turn Lane T.A. Schifsky and Sons, Inc. Purchase Order 16934 Background The City of Arden Hills issued a purchase order on September 10, 2001 to T.A. Schifsky and Sons, Inc. of North St. Paul, Minnesota in the amount of $8,700.00 to pave the right turn lane into the new city hall site. Project Status The Contractor has completed all the work as stated on the Purchase Order and the turn lane is operational. Recommendations The Arden Hills City Engineer recommends the Council approve Purchase Order # 16934 for T.A. Schifsky and Sons, Inc. of North St. Paul, Minnesota in the amount of $8,700. This represents payment in full for all work for this project. cc: Thomas Moore/City of Arden Hills J e ""':'T"~7'C-~,,~O'-077"~':'T;'C.'~"-.' .~,_-:-:c\,""" .-, 0" ,-~_._.,-.~ ..._ ....=;_.., 'C._, ,.__, ~_'_ ',~~""''''''-_,''-."";''_'~'~"__~__~ _n_ .,-_-_.."___..,..""_"'-'""~.-.-...,,.'C':._-.""~".~'O.,. C," -."''- -,~~___ ,-.__ _,,,,,__,___"~~~"_-'7.,,.n_..,- SHIP VIA F OB 10' D CITY OF ARDEN HILLS 1245 WEST HIGHWAY 96 ARDEN HillS, MN 55112-5794 PHONE (651) 634-5120 FAX (651) 634-5137 --r-~. S~r\ d"':)k"{ ev-A ~oJIS I U, 1~1 0 tclst g17~1,7 ')(" 001'\"-' <;{.f~~\ 1~~IK~o9 I QTY_ORDERfO QTV,RECEIVED PLEASE ENTER OUR ORDER FOR THE FOLLOWING TO BE SHIPPED AS DIRECTED DESCRIPTION \ C D}l$;1l-l(' ila>J Of" {b<O)f1 - Tv.Jt.;J LfJ,JE T>t-C .o/ule>J It II-LS (, N f/I1v- )} !-f: vJ 6:;1 J.\, to t!->JI\'I q~) f.6 ~(IL B"r, M 1-tf: /}J)V ( \1..11"1 51wi9) f l-Io8 - 1101 Do ~ s&:o CONDITIONS GOOOSARE SUBJECT TO OUR INSPECTION AND APPROVAL. IF SHIPMENT WILL BE DELAYEO fOR ANY REASON, ADVISE US 1M. MEDIATELY, STATING All THE NECESSAAYFACTS BY TO AVOID ERRORS NOTE SPECIFICATIONS CAREFULLY AND IF UN ABLE TO COMPLETE ORDERSAS WRITTEN NOTIFY US PROMPTLY PO.703.3 PRINTED IN USA PURCHASE ORDER , ,'" ~ 4 Ib)'j THIS NUMBER MUST APPEAR ON ALL CORRESPONDENCE INVOICES. SHIPPING PAPERS AND PACKAGES UNjT PRICE AMOUNT , I I I , I I , ., , , , I , I , I I I , , I iDU I ..~ g760 I . e t e Mr. Gerald Wright T.A. Schifsky and Sons, Inc. 2370 East Highway 36 North St. Paul, MN 55109 September 17, 2001 RE: Arden Hills City Hall Right Tum Lane Dear Mr. Wright, Please find enclosed a purchase order of $8700.00 for the construction of a right turn lane into the Arden Hills City Hall. With the acceptance of this purchase order T.A. Schifsky and Sons, Inc. agrees to the following: (4ti If' Ifo1N) 1. To complete the work as outlined in attached signed estimate 2. Complete the project by October 5, 2001. 3. Provide current Certificate of Insurance 4. Provide appropriate traffic control (warning signs, cones, etc...) on Highway 96. a 5. Provide the Engineer with a mix design in accordance with MnDOT Spec 2350 . URS will provide construction coordination. Please provide URS with a schedule so activities can be coordinated with ongoing construction at the City Hall. Work for this project shall be completed by October 5,2001. Enclosed is a copy of your signed estimate for $8700.00 and a project location map. If you have any questions regarding 1his project you can reach me at (612) 373-6500. Sincerely, Nick andwer, PE Project Engineer Enclosures cc: Joe Lynch/Arden Hills Greg BrownlURS Thresher Sq.. 700 Third Street S;;P Minneapolis, MN 55415 Phone: (612) 370-0700 Fax: (612) 370-1378 " P,RCHIHCTURAl ALLIANCE e October 8. 2001 400 C LiFT 0 N A.VE N UE S au Th Mr. Joe Lynch - City Administrator Arden Hills City Hall Round Lake Business Center M I N tJ EAPOLIS, M INN ESOTA 55403.3299 TELEPHONE (612]871.5703 4364 West Round Lake Road Arden Hills. MN 55112-5794 FAX 1612) 871.7212 Re: Arden Hills City Hall Payment Application Number 12 Comm. No. 1997149 Dear Joe: e We have reviewed Rochon Corporation's Application and Certificate for Payment No J 2 for the Arden Hills City Hall Project We have visited the site and find that the percentages for work completed is correct. Please note that some of the quantities in the retainage column have been revised because they did not accurately reflect a five percent retainage for each item. We withheld a portion of the General Requirements (01000) as they are not one hundred percent complete with the work and require a presence on the site. The original contract sum amount shoufd remain $2,942,000.00 and this has been revised as well as the amount of net change by change orders $118.069.93. This amount does not reflect Change Order Number Five, as it was not approved during the month of August Changes to the appfication and certificate for payment reflect these items. This pay appfication covers the period ending August 3 t. 2001. The percentage of the contract amount applied for is 90% (minus a 5% retainage of $137.054.70). We recommend payment in the amount of ~ C\g,ct5 \ .6<:\ M,W'l,9.l1 f have enclosed a spreadsheet that summarizes payments to date for your reference. 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WAIVER OF CONSTRUCTION LIEN, PAYMENT BOND AND LIEN FUNDS September I, 2001 For good and valuable consideration, the undersigned hereby irrevocably and unconditionally waives and releases any and all (a) rights and claims for a construction or other lien on land and buildings being constructed, altered, erected or repaired and to the appurtenances thereunto, (b) rights and claims on any paymenr bond( s) furnished in conjunction with said construction, alteration, erection or repair, and (c) rights and claims for lien on money, bonds, or warrants due or to become due to the prime contractor therefor. The property covered by this waiver is owned by the City of Arden Hills (owner), is located at 1245 West Hi Qhwav 96 Arden Hills MN is described as Arden Hills City Hall and this waiver pertains to a portion of the work to be performed by Rochon COI:poration (prime contractor). This waiver covers all labor, material and supplies for construction, alteration, erection, and repairs furnished by the undersigned under a contract with City of Arden Hills through the date of this waiver in the amount of NINETY SIX THOUSAND SEVEN HllNDRED TWENTY NINE AND 47/100 Dollars ($96729.471 This lien waiver is not valid until the amount listed above has been received. . . I~ GRACE L. BURGHARDT ~ i ~, NOTARY PUBLIC - MINNEsorA I . '~~=A M-::rn:4j?"""" ~:.J,r){:R.C-c 0 ~ a Lc .~--di1 Its Vic . resident Contractor Waiver Form APPLlCArlON AND CERTIFICATE FOR PAYMENr [SUBSrlrUTE AlA DOCUMENT G7021 PAGE ONE OF 2 PAGES TO (OWNERI: City of Arden Hills 4364 West Round lake Rd Arden Hills, MN 55112-5794 PROJECT: Arden Hills City Hall 1245 West Highway 96 Arden Hills, MN 55112 FROM (CONTRACTOR): Rochon Corporation APPLICATION NO: 12 IADJUSTED) PERIOD TO: 31"Aug-Ol 3650 Annapolis Lane Nonh, Suite 101 Plymouth, MN 55447 VIA (ARCHITECT): Architectural Alliance 400 Clifton Avenue S. Minneapolis, MN 55403 ARCHITECT'S PROJECT NO: CONTRACT FOR: General Construction CONTRACT DATE: 8115/00 tit CONrRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Change Orders approved in ADDITIONS DEDUCTIONS previous months by Owner ll'i,"'a'1''f,3 TOTAL 13,1:11.90 Approved this Month Number Date Approved + ,-'1- <>1 3,"Ir::;.OO TOTALS 0.00 Net change by Change Orders 1<1,(11.aO'" llr <>t.'1.'f3 The undersigned Contractor certifies that to the best of the Contractor's knowledge,informationarld belief the Work covered by IhisAppl icatiorl for Payment has been completed in accordance with the Contract Documents, that all amounts have beerl paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. Application is made for Payment, as shown below, in connection with the Contract, Continuation Sheet, Substitute AlA Document G703 is attached. 1. ORIGINAL CONTRACT SUM...... 2. Net Change by Change Orders ...$ , '3 'Clla,S46.!lJ" -- 3. CONTRACT SUM TO DATE (Line 1 +/-21 ........... $ 4. TOTAL COMPLETED & STORED TO DATE.. (Column G on G703} 5. RETAINAGE: '] Qi'" nOA no:> 2,14S,8.5.IT a._% of Completed Work (Column D + Eon G703l b. % of Stored Material (Column F on G703l Total Retainage (Line 5il +5b or Totill in Column I of G703).m , 1",,'" ail ":I 1<': 6. TOTAL EARNED LESS RETAINAGE V;8B,L"'1.S" (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR 2,511,441.54 81>,:':;1e.1":' PAYMENT (Line 6 from prior Certificatel. .. $ 8. CURRENT PAYMENT DUL... Date: September 1, 2001 9. BALANCE TO FINISH, PLUS RET AINAGE (Line 3 less Line 6} CONTRACTOR: Roch n Corporation By: JeffW resident . "^^^^^^"-";"......'.......,,...;"J'._,,/...,.,'/"v'.A_ .....~. lr'Z?0 .C,C:,': L. cuRGHARDT f '-<,-~.. ,,; .,;" . r-!_=UC - r,1INNESOTA ~ L':j~ :~:~~~. Ex~ir6S Jan. 31, 2005 .~.....T...".,..,."H.VI.,.A..,.V... 11:".913.92 State of: Minnesota County of: Hennepin 2~~"?-jo4G'.t:Jo liS ,,1.'\.'1; , ,3. """, ot.'1."'I" 2,1"11, o'\'i .O~ I ~1 0"5'1.7c J ;;Z'''.'t'Oe3~ "12,5'7' "i> -+'5'10,0::;0.5. ARCHITECT' 5 CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and thedilta comprising the above application, the Architectcert ifies to the Owner that to the best of the Architect's knowledge. information and belief the Work has progressed asindicated,the quality of the Work is in acc ordance with the Contract Documents. and the Contractor is entitled to payment of the AMOUNT CERTIFIED. Subscribed and sworn to before me this 1st day of September. 2001 NotaryPubhc /( -~/\UC-L -< ~~~$ My Commission expires: January 31. 2005 AMOUNT CERTlFIED..................m............$ 12,9f1.r/ . lAttach explanation if amount certified differs from the amount ap pliedfor.l ::.7fJiJu;tW1!v. t~/ r: /6 ! This certificate is not negotiable. The AMOUN'T CERYl FlED is payable only to the Contractor nilmed herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. e . e PAGE 2 OF 2 CONTINUATION SHEET Substitute AlA Document G703 APPLICATION NUMBER: APPlICA liON DATE: PERIOD FROM: TO: CONTRACTOR'S PROJECT NO: l'-i~ "79'1 '> 12 (ADJUSTED 1.Sep-Ql l-Aug-Ol 31-Aug-Ol 0028 Arden Hills City Hall tit J .0 ~ '" ~ SCHEDULED PREVIOUS THIS STORED ) TOTAL , BALANCE CODe DESCRIPTION VALUE APPLICATION APPLICATION MATERIAL TO DATE % TO FINISH RETAINAGE 01000 GEN'l RQMTS 150,872.59 144,753.69 6,118.90 0.00 0.00 02200 EARTHWORK 63,722.00 51,997.00 5,535.00 0.00 57,532.00 90 6,190.00 2,876.80 02480 LANDSCAPING 32,797.00 0.00 0.00 0.00 0.00 0 32,797.00 0.00 02513 ASPHALT PAVING 57,252.00 9,790.09 0.00 1. 0.00 9,790.09 17 47,461.91 489.50 01600 SITE UTILITIES 143,433.00 143,700.00 (267.001 0.00 143,433.00 100 0.00 04200 CONCRETE/MASONRY 834,671.00 766,033.30 0.00 0.00 766,033.30 92 68,637.70 38,301.67 03410 PRECAST CONCRETE 44,565.00 44,565.00 0.00 0.00 44,565.00 100 0.00 2,228.25 05100 STEEL FABRICATION 107,566.50 107.129.50 1163.00) ~ 0.00 107,566.50 100 0.00 05600 STEEL ERECTION 75,627.50 75,627.50 0.00 0.00 75,627.50 100 0.00 3,781.38 05500 EXPANSIN JT COVERS 571.10 0.00 0.00 0.00 0.00 0 571.10 0.00 06100 CARPENTRY 205,397.00 201,801.50 3,595.50 0.00 205,397.00 100 0.00 10,269.85 06400 MILLWORK 65,753.00 30,488.00 9,315.00 0.00 39,803.00 61 25,950.00 1,990.15 07160 WATERPROOFING 10,000.00 10,000,00 0.00 0.00 10,000.00 100 0.00 500.00 07530 ROOFING 62,670.00 62,670.00 0.00 0.00 62,670.00 100 0.00 3,133.50 07900 CAULKING 6,714.00 2,506.00 728.00 0.00 3,234.00 48 3,480.00 161.70 08100 HM/DOORS/HARDWARE 29,775.00 29,775.00 0.00 0.00 29,775.00 100 0.00 1,488.75 08360 OH DOORS/AUTO OPER 6,031.00 4,535.00 1,496.00 0.00 6,031.00 100 0.00 301.55 08800 ALUM STOREFRONT 195,756.00 187,533.00 8,023.00 0.00 195,556.00 100 200.00 9,777.80 09300 CERAMIC/QUARRY TILE 39,545.00 15,610.00 13,905.00 0.00 29,515.00 75 10,030.00 1,475.75 09500 ACOUSTICAL CEILING TI 18,565.00 0.00 0.00 0.00 0.00 0 18,565.00 0.00 09680 CARPTE/VINYL TILE 38,422.00 21,500.00 6,500.00 0.00 28.000.00 73 10,422,00 1,400.00 09900 PAINTING 16,543,00 8,000.00 4,720.00 0.00 12,720.00 77 3,823.00 636.00 10900 ACCESS PANELS 437.08 437.08 0.00 0.00 437.08 100 0.00 21.85 10200 LOUVERS 1,900.00 1,260.00 0.00 0.00 1,260.00 66 640.00 63.00 10100 VISUAL DtSPLA Y BOARD 2,185.00 0.00 1,075.00 0.00 1,075.00 49 1,110.00 53.75 10160 TOILET PARTITIONS 4,453.83 4,453.83 0.00 0.00 4,453.83 100 0.00 222.69 10800 TOILET ACCESSORIES 3,327.00 0.00 3,327.00 0.00 3,327.00 100 0.00 166.35 12690 FLOOR MATS 2,519.00 2.519.00 0.00 0.00 2,519.00 100 0.00 125.95 10520 FIRE EXTINGISHERS 1,200.00 0.00 1,200.00 0.00 1,200.00 100 0.00 60.00 12490 WINDOW BLINDS 1,871.01 0.00 0.00 0.00 0.00 0 1,871.01 0.00 10990 WARDROBE SPECIAL TIE 243.00 0.00 0.00 0.00 0.00 0 243.00 0.00 10440 SIGNS/FLAGPOLE 6,987.00 0.00 2,933.00 0.00 2,933.00 42 4,054.00 146.65 10990 FIREPLACE 2,629.65 2,629.65 0.00 0.00 2,629.65 100 0.00 131.48 11130 AUDIO VISUAL EQUIP 3,196.07 3,196.07 0.00 0.00 3,196.07 100 0.00 159.80 14200 ELEVATOR 36,900.00 36,854.00 0.00 0.00 36,854.00 100 46.00 1,842.70 15500 MECHANICAL 371,097.00 327,944.00 18,451.00 0.00 346,395.00 93 24.702.00 17,319.75 15300 FIRE SPRINKLER 19.526.00 19,525.00 0.00 0.00 19,525.00 100 1.00 976.25 16000 ELECTRICAL 207,358.00 166,111.00 10,070.00 0.00 176,181.00 85 31,177.00 8,809.05 SUBTOTAL 2,872,078.33 2,483,544.21 96,562.40 0.00 2,580,106.61 90 291,971.72 128,596.83 FEE 184,006.60 160,078.44 4,828.12 0.00 164,906.56 90 19,100.04 8,1:15.38 TOTAL 3.056.084.93 2,643,622.65 101,390.52 0.00 "* 311,071.76 /' 1';7 os Y. '113% 7.3'2>"'\.'\<;;" I) " 1. bOS 5, ~-a"71> 'tl '2-';;;3. "'So tit 2, 1,-/1,0"1'(.0':> €"I 1 1" tit e e WAIVER OF CONSTRUCTION LIEN, PAYMENT BOND AND LIEN FUNDS September 1,2001 For good and valuable consideration, the undersigned hereby irrevocably and unconditionally waives and reteases any and all (a) rights and claims for a construction or other lien on land and buildings being constructed, altered, erected or repaired and to the appurtenances thereunto, (b) rights and claims on any payment bond(s) furnished in conjunction with said construction~ alteration, erection or repair, and (c) rights and claims for lien on money, bonds, or warrants due Of to become due to the prime contractor therefor. The property covered by this waiver is owned by the City of Arden Hills (owner), is tocated at 1245 West Hi2hway 96. Arden Hills MN is described as Arden Hills City Hall and this waiver pertains to a portion of the work to be performed by Rochon Corporation (prime contractor). This waiver covers all labor, material and supplies for construction, alteration, erection, and repairs furnished by the undersigned under a contract with City of Arden Hills through the date of this waiver in the amount of NINETY SIX THOT JSA!\'D SEVEN H1 TNDRED TWENTY NINE AND 47/100 Dollars ($96729.47) This lien waiver is not valid until the amount listed above has been received. .",^,.,^",~,.'''^N''jV'''''J',/-IV^,~'_''/'/'A'''''P,~. l ~ Gf:;;C:, L. "UP,GHARDT i ri;;<~>~ ".'''''-''''''' ril"'LlC - MINNESOTA 'I:<:~)I~"'':-'~''~''''-';'-:::~:~:'-:s Jan. 31,2005 . . ~U / Jj~+p Company Name Rochon COl.:poration By ~ ~.~ J . Ilman Its Vice President Contractor Waiver Form c tit APPLICATION AND CERTIFICArE FOR PAYMENr ISUBSTITurE AlA DOCUI 2 PAGES '{:' {L~),J:3-J$b1.*t 13-1,045"93 '2' S11' [i-41. Slt 'DI PROJECT: Arden Hills City Hall 1245 West Highway 96 Arden Hills, MN 551'2 TO (OWNERI: City of Arden Hills 4364 West Round Lake Rd Arden Hills, MN 55112-5794 FROM [CONTRACTOR): Rochon Corporation 3650 Annapolis Lane North, Suite 101 Plymouth, MN 55447 VIA IARCHITECTl: Architectural Alliance 400 Clifton Avenue S. Minneapolis, MN 55403 003 9~,451'09 ;'i: (:ONTRACT DATE: 8/15100 CONTRACT FOR: General Construction Application is made for Payment, as shown below, in connection with the Contract, Continuation Sheet, Substitute AlA Document G 703 is attached. CONTRAcrOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Change Orders approved in ADDITIONS DEDUCTIONS previous months by Owner 11"1,0<('1.'13 TOTAL Approved this Month Number Date Approved -+ 7/'1/0 I ~, '1 ~S'. 00 TOTALS 0.00 Net change by Change Orders 1:,511.88 ,,<'<.010' .13 a,613,548.SS 2, ~+2,ooo.Oo 12.'''..' \ \ t, "Ia"l. '\"3- a.9&S,9B1.98 3,0,,".0, oc..'i..q~ :;!,:le,ala.l:' 2./ 7~1, o,\"".oc;, . ..........~...... $ 1. ORIGINAL CONTRACT SUM 2. Net Change by Challge Orders.. 3. CONTRACT SUM TO DATE (line t +/-21........ $ 4. TOTAL COMPLETED 8< STORED TO DATEm... (Column G on G7031 5. RETAJNAGE: 0/0 of Completed Work (Column D+ E on G703) b. % of Stored Material IColumn F on G703) Total Retainage (line 5a+5b or Total in Column I of G7Q3)... 6. TOTAL EARNED LESS RETAINAGE.. The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work. for l~jO"'~" z.,(#o~,().s , , 13E,81:<!.lE LSBO,ITI.81 which previous Certificates tor Payment were Issued and payments received from the Owner, and that current payment shown herein is now due. {Line 4 less line 5 Totall 7. LESS PREVlOUS CERTIFICATES FOR CONTRACTOR: Rochon Corporation PAYMENT (line 6 trom prior Certificate) ... $ 8. CURRENT PAYMENT DUE....... ..... $ By: /G?<L----rrate: September " 2001 9. BALANCE TO FINISH, PLUS RETAINAGE.... $ 2,511,441.54 (pS7'7'~ I 4si,"'o.:>S' 96,n$.G 11:,91a.9.a (Une 3 less Une 6) JeffWel County of: Hennepin State of; Minnesota Subscribed and sworn to before me this 1st day of September, 2001 _....AAI'''^"''......''-^-''''--^-''~~ .\~-( ..>').RDT "\ :.{i_-it.\ .'r','" , ;:~ - !filNNESOTA @ ,;;" ~,,~',". c;,,,,, Jan. 3'. 2005 . . Notary Public: ~~~ U- ;;! ~Vv1-N-f My Commission expires: Januarv 31. 2005 12-,711, t:.I , (Attach explanation it amount certified differs from the amount applied for.) AMOUNT CERTIFIED..............._............. .... $. ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents. based on on-site observations and the data comprising the above application, theArchitectcer tities to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed asindicated,the quality of the Work. is in acco rdance with the Contract Documents, and the Contractor is entitled to payment :~p~l" 10 /z /0 ( I . This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are witl'1out prejudice to any rights of the Owner or Contractor under this Contract. at the AMOUNT CERTIFIED. e . e PAGE 2 OF 2 CONTINUATION SHEET Substitute AlA Document G703 12 (ADJUSTED 1.Sep-Ql '-Aug-Ol 31-Aug-01 0028 APPLICATION NUMBER: APPl1CA liON DATE: PERIOD FROM: TO: CONTRACTOR'S PROJECT NO: ? !>% Arden Hills City Hall A tit ,0<\0 " 1'-11> 1<j~.o '- '\1. e SCHEDULED PREVIOUS THIS STORED I TOTAL J BALANCE CODE DESCRIPTION VALUE APPLICATION ,APPLICATION MATERIAL TO OATE " rOFINISH RETAINAGE 01000 GEN'l ROMTS 150,672.59 144,753.59 ~ 0.00 0.00 ~,~ 02200 EARTHWORK 63.722.00 51,997.00 5,535.00 0.00 57,532.00 90 6,190.00 2,876.60 c 02480 LANDSCAPING 32,797.00 0.00 0,00 0.00 0.00 0 32,797.00 0.00 02513 ASPHALT PAVING 57,252.00 9,790.09 0.00 0.00 9.790.09 17 47,461.91 4B9.50 02600 SITE UTIUTIES 143,433.00 143,700.00 (267.00 ,? 0.00 143,433.00 100 0.00 04200 CONCRETE/MASONRY 834,671.00 766,033.30 0.00 0.00 766,033.30 92 68,637.70 38,301.67 03410 PRECAST CONCRETE 44,565.00 44,565.00 0.00 0.00 44,565.00 100 0.00 2,228.25 05100 STEEL FABRICATION 107,566.50 107,729.50 (163.00 ~ 0.00 107,566.50 100 0.00 05600 STEEL ERECTION 75,627.50 75,627.50 0.00 0.00 75,627.50 100 0.00 3,781.38 05500 EXPANSIN JT COVERS 571.10 0,00 0.00 0.00 0.00 0 571.10 0.00 05100 CARPENTRY 205,397.00 201,801.50 3,595.50 0.00 205,397.00 100 0.00 10,269.85 06400 MILLWORK 65,753.00 30,488.00 9,315.00 0.00 39.803.00 61 25,950.00 1,990.15 07160 WATERPROOFING 10,000.00 10,000.00 0.00 0.00 10,000.00 100 0.00 500.00 07530 ROOFING 62,670.00 62,670.00 0.00 0.00 62,670.00 100 0.00 3,133.50 07900 CAULKING 6,714.00 2,506.00 728.00 0.00 3,234.00 48 3,480.00 161.70 J 08100 HM/DOQRS/HARDWARE 29,775.00 29,775.00 0.00 0.00 29,775.00 100 0.00 1,488.75 08360 QH DOORS/AUTO OPER 6,031.00 4,535.00 1,496.00 0.00 6,031.00 100 0.00 301.55 08800 ALUM STOREFRONT 195,756.00 187,533.00 8,023.00 0.00 195,556.00 100 200.00 9,777.80 09300 CERAMIC/QUARRY TILE 39,545.00 15,610.00 13,905.00 0.00 29,515.00 75 10,030.00 1,475.75 09500 ACOUSTICAL CEILING TI 18,565.00 0.00 0.00 0.00 0.00 0 18,565.00 0.00 09680 CARPTEtVlNYL TILE 38,422.00 21.500.00 6,500.00 0.00 28,000.00 73 10.422.00 1,400.00 09900 PAINTING 16,543.00 8,000.00 4,720.00 0.00 12,720.00 77 3,823.00 636.00 10900 ACCESS PANELS 437.08 437.08 0.00 0.00 437.08 100 0,00 21.85 10200 LOUVERS 1,900.00 1,260.00 0.00 0.00 1,260.00 66 640.00 63.00 10100 VISUAL DISPLAY BOARD 2,185.00 0.00 1,075.00 0.00 1,075.00 49 1,110.00 53.75 , 10160 TOILET PARTITIONS 4,453.83 4,453.83 0.00 0.00 4,453.83 100 0.00 222.69 10800 TOILET ACCESSORIES 3,327.00 0.00 3,327.00 0.00 3,327.00 100 0.00 166.35 12690 FLOOR MATS 2,519.00 2,519.00 0.00 0.00 2.519.00 100 0.00 125.95 10520 FIRE EXTINGISHERS 1,200.00 0.00 1,200.00 0.00 1,200.00 100 0.00 60.00 12490 WINDOW BLINDS 1,871.01 0.00 0.00 0.00 0.00 0 1,871.01 0.00 10990 WARDROBE SPECIAL TIE 243.00 0.00 0.00 0.00 0.00 0 243.00 0.00 10440 SIGNS/FLAGPOLE 6,987.00 0.00 2,933.00 0.00 2,933.00 42 4,054.00 146.65 / 10990 FIREPLACE 2,629.65 2,629.65 0.00 0.00 2,629.65 100 0.00 131.48 11130 AUDIO VISUAL EQUIP 3,196.07 3,196.07 0.00 0.00 3,196.07 100 0.00 159.80 14200 ELEVATOR 36,900.00 36,854.00 0.00 0.00 36,854.00 100 46.00 1,842.70 .I 15500 MECHANICAL 371,097.00 327 ,944.00 18,451.00 0.00 346,395.00 93 24,702.00 17,319.75 , 15300 FIRE SPRINKLER 19,526.00 19,525.00 0.00 0.00 19,525.00 100 1.00 976.25 16000 ELECTRICAL 207,358.00 166,111.00 10,070.00 0.00 176,181.00 85 31,177.00 B,809.05 / SUBTOTAL 2,872,078.33 2,483,544.21 98,562.40 0.00 2,580,106.61 90 291,971.72 128,596.83 FEE 184,006.60 160,078.44 4,828.12 0.00 164,906.56 90 19,100.04 B,i43.33 TOTAL 3,056,084.93 2,643,622.65 0.00 5e 311,071.76 ~16 c , L' e 9.,0.\,,,9,, \~s'icJ.a. 2,,1'11,6"1<;.05 '!i~'7 ,., iLLD '~\ :::,:'''- d' ' ' i/-:' ') I, \"1 \ . ....".1 "'J~'1'i"~>~ ~.-cr;. <=t"z,c.;S,3'3 ..:; . ~ ~~HILLS";'i .J""",""" :. ;.,,-;;< :i>~ ,.;~ PUBLIC NOTICE City Hall will be closed on Friday, October 19, 2001 to move into the new City Hall facility. Our New Addrcss Will Be . City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112-5794 We will reopen for business on Monday, October 22, 2001 at the new facility. Please update your records with our new address. Our phone and fax numbers remain the same. e-mail: cityhall(a)ci.arden-hills.mn.us Thank you for your patience! . City of' Arden Hills . 4364 'Vest Round Lake Road . Arden Hills, MN . 55112-5794 Phone (651) 633-5676 . Fax: (651) 633-7839 . www.ci.arden-hills.mn.ns SUNFISH LAKE IGHWAY96W RQUND lAV'1:: -~,~ r m X Z o'P G) --i o Z ~ m z s I.LJ ~ j...: .i::' l.LJW -J ".... :<!('~ >S ~ -- ~ ~~!fILLS N (lurent Address: 4364 West Round Lake Road w~ E New Address: 1245 West Hgtmay 96 T s HP Laser Jet 3200 @ CITY OF ARDEN HILLS 6516345137 OCT-II-2001 11:49AM i n v e n t Fax Call Report Job Date Time Type Identification Duration Pages Resu It 865 10/11/2001 11: 33 : 48AM Send 9.6123701378 I: 19 2 OK 867 10/11/2001 1I:36:2IAM Send 9.7634219511 1:35 2 OK 868 10/11I2001 1I:38:0IAM Send 9.6516286833 I: 19 2 OK 869 10/11/2001 11: 39: 25AM Send 9.7637060891 1:45 2 OK 870 10/11/2001 11 :41: 15AM Send 9.6516333846 2.29 2 OK 871 10/11/2001 1I:43:49AM Send 9.6512282191 I: 26 2 OK 872 10/11/2001 II: 45: 20AM Send 9.6512279371 0:52 2 OK 873 10/11/2001 11:46:17AM Send 9.6514821262 0:52 2 OK 874 10/11/2001 11:47:15AM Send 9.6512669301 I 14 2 OK 875 10/11I2001 11: 48: 34AM Send 9.6516461220 1:19 2 OK . . HP Laser Jet ~ CITY OF AROEN HILLS 6516345137 OCT-12-2001 11:05AM 3200 " rJ3@ ~ i n v e n t Job Date Time Type Identification Duration Pages Result 904 10/12/2001 10:53:21AM Send 9.6123701378 1:01 2 OK 905 10/12/2001 10:54:27AM Send 9.7634219511 1:07 2 OK 906 10/12/2001 10: 55:40AM Send 9.6516286833 1:00 2 OK 907 10/12/2001 10:56:46AM Send 9.7637060891 1:03 2 OK 908 10/12/2001 10:57:55AM Send 9.6516333846 1:54 2 OK 909 10/12/2001 10:59:54AM Send 9.6512282191 1:09 2 OK 910 10/12/2001 11: 01: 08AM Send 9.6512279371 0:42 2 OK 911 10/12/2001 11: 01: 55AM Send 9.6514821262 0:58 2 OK 912 10/12/2001 11:02:58AM Send 9.6512669301 0:56 2 OK 913 10/12/2001 11 : 03: 59AM Send 9.6516461220 1:04 2 OK