HomeMy WebLinkAboutCCP 11-13-2001
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AGENDA
CITY COUNCIL MEETING
CITY HALL, 1245 WEST HIGHWAY 96
TUESDAY, NOVEMBER 13, 2001, 6:30 P.M.
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6:30 P.M.
COUNCIL CHAMBERS AUDIOIVISUAL ORIENTATION
Citv Philosophv
To provide a basic and necessary scope of quality services
through the innovative and purposeful use of resources.
7:30 P.M.
7:30 P.M.
7:30 P.M.
7:35 P.M.
7:40 P.M.
1.
Call to Order
2.
Approval of Meeting Agenda
3.
Approval of Minutes
a. October 9,2001 Regular Council Minutes
4.
Consent Calendar
Those items listed under the Consent Calendar are considered to be routine by the City Council
and will be enacted by one motion under a Consent Calendar format. There will be no separate
discussion of these items, unless a Council member so requests, in which event, the item will be
removed from the general order of business and considered separately in its nonnal sequence on
the agenda.
a. Claims and Payroll
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.
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AGENDA - PAGE TWO
CITY COUNCIL MEETING
CITY HALL, 1245 WEST HIGHWAY 96
TUESDAY, NOVEMBER 13, 2001, 6:30 P.M.
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7:45 P.M.
6.
Unfinished and New Business
a. Planning Cases
1. Case #01-23, City of Arden Hills, Sign Ordinance
2. Case #01-15, City of Arden Hills, Adoption of Flood
Plain Ordinance and Ordinance Summary No. 331
b. Cancellation of December 26, 2001 Regular Council Meeting
8:15 P.M.
7.
Administrator Comments
a. Army National Guard Property
8:30 P.M.
8.
Council Comments
8:45 P.M.
9.
Adjourn
The above times may vary depending upon length of issue discussion.
Tentative November MeetiDl! Schedule
Meetmg dates, times and locations are subject to change. Tentative December Meetinl! Schedule
Please contact City Hall for the most current schedule Meeting dates, times and locations are subject to change.
Please contact City Hall for the most current schedule
Nov, 6 School Board Elections AllDay
Dec. 5 Planning Commission 7:30 P.M.
Nov, 7 Planning Commission 7:30 P.M.
Dec. 10 Council Meeting 7:30 P.M.
Nov. 12 Holiday
Dec. 17 Council Worksession 4:45 P.M.
Nov. 13 Council Meeting 7:30 P.M.
(Tuesday) Dec. 18 Parks & Recreation 7:00 P.M.
Committee
Nov. 15 Operations & Finance 7:00 P.M.
Committee Dec. 20 Operations & Finance 7:00 P.M.
Committee
Nov. 19 Council Worksession 4:45 P.M.
Dec. 24 Holiday
Nov. 22 Holiday Dec. 25 Holiday
Nov, 23 Holiday
Dec. 26 Communications 7:00 A,M.
Nov. 26 Council Meeting 7:30 P.M. Committee
Nov, 27 Parks & Recreation 7:00 P.M. Dec. 26 Council Meeting 7:30P.,
Committee (Wednesday)
Nov. 28 Communications 7:00 A.M. Dec. 31 Holiday
Committee
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CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
OCTOBER 9, 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 7:31 p,m,
Present:
Mayor Dennis Probst, Councilmembers David Grant, Gregg Larson, and
Lois Rem.
Absent:
Councilmember Beverly Aplikowski.
Also present were City Administrator, Joe Lynch; City Accountant, Terrance Post; and
Recording Secretary, Nancy Czajkowski.
APPROVAL OF MEETING AGENDA
MOTION
Councilmember Larson moved and Councilmember Grant seconded a motion to
adopt the agenda for the October 9,2001 Regular City Council meeting. The
motion carried unanimously (5-0).
APPRO V AL OF MINUTES
A. September 10, 2001 Regular Council Meeting
B. September 17, 2001 Council Worksession
Councilmember Grant requested the following changes to the September 10, 2001 Regular
Council minutes:
1. On page 6, in the third paragraph, replace the first sentence with "Councilmember Grant
stated the County would also be required to provide notice to consider a redesign ofthe
road."
2, On page 13, in the fourth paragraph, replace the sentence with "Councilmember Grant added
his concern that future councils might consider making the park a holding pond."
3, On page 13, in the third paragraph from the bottom, delete the second to last sentence.
4, On page 13, in the last paragraph, replace "would not" with "could".
Councilmember Larson requested the following changes to the September 10, 2001 Regular
minutes:
1
On page 7, in the top paragraph, in the third line down, replace "there" with "they",
ARDEN HILLS CITY COUNCIL- OCTOBER 9, 2001
2
2.
On page 8, in the third paragraph from the bottom, replace the second sentence with "He
noted as a volunteer one was reimbursed for calls, but the primary reward was thc pension
fund and the retirement fund".
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Councilmember Rem requested the following changes to the September 10, 200 I Regular
Council Meeting minutes:
I, On page 4, on the Consent Calendar, Agenda Items D and E were moved to other parts of
the agenda and should not be listed there.
2. On page 8, in the last sentence ofthe last paragraph, delete "unanimously",
MOTION:
Councilmember Larson moved and Councilmember Rem seconded a motion to
approve the September 10, 2001 Regular Council Meeting minutes, as amended,
and the September 17,2001 Council Worksession as presented. The motion
carried unanimously (5-0).
CONSENT CALENDAR
A.
B.
Claims and Payroll
Memorandum of Understanding, Fire Inspection Services, Lake Johanna Volunteer Fire
Department and City
Res, #01-17, Resolution Approving an Application for an Exempt Gambling Permit,
Catholic Aid Association, 3499 North Lexington Avenue
Pay Request #1 (Final), Mounds View High School Watermain Loop, MINNCOMM
Utility Construction
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c.
D.
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.
No public comments were made.
UNFINISHED AND NEW BUSINESS
A. Ramsey County Road I Design/Construction
Mr. Lynch explained Mr. JimTolaas, Ramsey County Engineer, was available for questions. He
noted the County was asking the City of Arden Hills to approve the changes in County Road I.
He added there were three options. He stated the cost to the city would be approximately
$31,582 and listed the three options.
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ARDEN HILLS CITY COUNCIL - OCTOBER 9, 2001
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\1r. Tolaas indicatcd most of the city's cost would be in the shoulder work. He stated there was a
minor amount of stonn sewer work and some ponding required.
Mayor Probst asked if this was a commitment to funding or just approval of a concept. Mr.
Tolaas responded it was just approval of a concept for the RFP. He stated the cost sharing
agreement would come later. He noted this was a low cost solution to the problems there. He
added they had cropped things back to the real problem. He stated once the arsenal site was
developed, this project could come back into the County's program at any time to change the
work.
Mayor Probst asked about the long-term plan for Lexington Avenue. Mr. Tolaas responded it
would be alternative three in the report. He stated there was strong opposition to the
environmental impact of a straight on alignment. He noted state law requires them to safeguard
the wetlands at all costs. He added when the project comes back under consideration there might
be room to talk about it again. He stated this was a good solution to buy the County those years.
He noted that in the scheme of things it was a low cost solution to a significant problem. He
stated when the arsenal site was developed the environmental arguments would not be as strong.
He noted a land bridge option could work. He added it could still allow the passage of water and
turtles. He stated there was also the issue of a relative high cost to cross the marsh now when
there was no need for it.
MOTION:
Councilmember Grant moved and Councilmember Larson seconded a motion to
approve Alternative 3 in the Ramsey County Project Development Report for
County Road I from Hamlin Avenue to Lexington Avenue. The motion carricd
unanimously (4-0).
B. Pavement Management Plan (PMP) Standards
1. Definition of "Neighborhood" Street Width
2. Standards Map
Mr. Lynch explained the Pavement Management Plan and the Standards Map, He noted there
was no agreement yet on the designation of width for a neighborhood street. He added three
options had been proposed.
Councilmember Larson suggested the following changes:
I. On page 2 of recommendation, in Additional Considerations for Street Width
Determination, add "presence or absence of sidewalk" after "Existing trees".
2, On page 3, in the first large paragraph, in the last sentence, change the "options provided
for selection would include" to "options provided for selection could include".
3.
On page 3, under Process, in the first paragraph, replace the first sentence with "The City
of Arden Hills would use a variety of media sources to notify the neighborhood about the
intended roadway project".
ARDEN HILLS CITY COUNCIL - OCTOBER 9, 2001
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Councilmember Grant agreed with changes two and three. He stated he did not agree with
change one since many streets currently do not have sidewalks. He asked if the intent was to put .
in sidewalks. Councilmember Larson responded he was not proposing sidewalks. He noted the
Council needed to consider how the road was used. He stated many residents walk in the streets
since there were no sidewalks. He added that before they decide on street width they should
discuss how the street was being used and how it affects that street. He stated some streets were
designated as trails and had many pedestrians walking on them.
Councilmember Rem agreed the use should be considered. She stated they should not just look
at road width, but also consider lane width and shoulder width. She noted her concern it would
not be easy to put in sidewalks in some neighborhoods.
Councilmember Larson suggested the term "sidewalk" was incorrect. He noted the correct
wording should be "pedestrian use of the road",
Councilmember Rem suggested the following change: on the first page, in the first paragraph, in
the second to last line, replace "expand" with "expend",
Councilmember Rem stated that concerning neighborhood streets ifthe width were 32 feet there
would not be much difference from a community width street. She noted it should be left with a
30-foot width. She added she could agree with a width of28 to 32 feet. She added she was not
ready to say they were widening streets.
Councilmember Grant stated he would prefer neighborhood streets to be listed as 28 to 32 feet, .
but could agree with a 30-foot width. He noted to set the width at 32 did not give any flexibility,
He added to there would be little distinction between a neighborhood street and a community
street.
Mayor Probst stated there was a significant distinction between a neighborhood street and a
community street. He noted the recommended width was 32 feet. He added the presumption for
a neighborhood street was that it would not get wider than what was listed. He stated a
community street had a 32 width as the minimum, but it could go wider.
Councilmember Larson stated his position had not changed either. He noted there was a
difTerence between a community and a neighborhood street. He added one was stating a
minimum and the other was a recommended width that could be enlarged. He stated he believed
32 feet was an appropriate width for neighborhood streets. He noted there should be an ability to
grant an exception if it was warranted.
Mayor Probst suggested the Council take action to make the modifications suggested by
Councilmembers Larson and Rem. He asked the Council to approve the plan with recommended
street width blank for neighborhood streets. He noted they could come back to it at the work
sessIOn.
Councilmember Rem stated that would be fair. She noted Councilmember Aplikowski was not
at the meeting where this was discussed and was not here tonight. She added this would be one
last chancc for Councilmember Aplikowski to give input.
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ARDEN HILLS CITY COUNCIL- OCTOBER 9, 2001
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Councilmember Rem stated that on page 3, under Process, in the first paragraph, the "n" should
be capitalized in "notes" in the phrase "City of Arden Hills Notes".
Councilmember Grant suggested that on page 3, under Process, in the first paragraph, the city's
website should be added in the list of available media sources.
Mayor Probst directed staff to make the corrections suggested tonight. He noted it would be a
discussion item at the work session and brought to the next council meeting as a consent item.
C. National League of Cities (NLC) Membership Reuewal
Mr. Lynch explained that last year he had approached the Council for support for joining the
National League of Cities. He stated it was another opportunity to share information between
and among the member communities. He noted he sought input regarding renewing the
membership. He added that from the staff prospective they had not gained all that much from an
information standpoint. He stated the league deals with polices oflarger cities that do not always
have the same issues as Arden Hills. He noted Councilmember Aplikowski was enthusiastic
about the membership.
Mayor Probst stated this was one of those networking and information avenues available to a
council. He noted this was the national version of the League of Minnesota Cities. He added
they had not drawn as much out of this as what could be there. He stated Ms. Karen Anderson,
was the President elect. He noted Minnetonka and Shoreview were very active. He added the
proposed cost was higher than what the city paid last year. He stated there were benefits to be
had here. He noted it was an $ 833 dollar expense that was optional.
Councilmember Larson stated he had received the publication, but did not find much of value,
He noted he did feel strongly about it. He added the cost was almost $900. He stated he would
almost rather see the money used for some other newsletter or organization directed toward
smaller cities.
Councilmember Rem stated she found several things in the publication interesting and useful.
She noted there were many things applicable to Arden Hills in some sense. She added she could
agree to let the membership lapse if they were not taking advantage of what was there.
Councilmember Grant stated he had not found it to be particularly useful. He noted he knows
Councilmember Aplikowski finds this membership of benefit. He added it was a $900
expenditure. He stated he could vote either way. He noted the issue should be taken to the work
session. He added it would give Councilmember Aplikowski a chance to address the council in
case there was some benefit to city that had been overlooked. A
ADMINISTRATOR COMMENTS
Mr, Lynch stated Ms, Ginnie Michaels could no longer attend the meetings of the Park,
Recreation, and Trails Committee. He noted Chair Jimmy Johnson could no longer continue as
chair, He added staff would send out the appropriate thank you letters for all their hard work.
ARDEN HILLS CITY COlJNCIL - OCTOBER 9, 2001 6
Mr. Lynch noted the Ramsey County Board was faced with a $200,000 deficit because of the .
change in Tax Increment Financing (TIF) laws. He added the Board had notified the city the
Ramsey County Public Works Facility would be on hold until it addresses the deficit.
Mr, Lynch added the October 29, Regular City Council meeting would be held in the new city
hall. He suggested Councilmembers arrive an hour ahead of time to become familiar with the
ncw surroundings. The Council concurred.
Mayor Probst stated the Council did have a brief conversation regarding a policy for the use of
the new city hall. He noted it was clear the Council would receive a number of such requests.
He added the Council should give it additional thought and take some formal action,
COUNCIL COMMENTS
Councilmember Grant stated he was glad to see that the city had received a number ofrequests to
use the new city hall from the community. He noted that was a purpose of the city hall.
Councilmember Grant stated there was a delay in the proposal for the RFP for the Ramsey
County Public Works facility. He noted the Operations and Finance Committee would meet on
the October 18,2001 to review the draft RFP.
Councilmember Larson stated the Parks, Recreation and Trails Committee had to cancel a work .
session scheduled for Saturday because so few were able to attend, He noted this would set back
the schedule for the master plan for parks. He added the contractor needed to be more aggressive
in completing work on time. He stated the process could be extended another month or so.
Councilmember Larson noted his disappointed with the response from Dr. Jan Witthuhn of the
School District. He stated Ms. Witthun did not feel comfortable writing a letter even though she
acknowledged that the building official had spent a lot of time at Mounds View High School.
Councilmember Rem stated she attended the regional Human Rights Conference at the end of
September, She noted the State Department of Human Rights would be meeting in St. Paul in
December and she would like to attend the meeting.
Councilmember Rem stated Northwest Youth and Family Services were holding a fall
fundraising gala at the end of the month. She invited all to attend and noted Councilmember
Aplikowski's reservation of two tables this year.
Councilmember Rem stated she was almost done reading the city code. She noted she would
have a page of questions and comments on it for the next work session. She added she agreed
with City Attorney Filla's letter regarding the redundancies in the city code. She asked if this
was an appropriate time to make some of the changes referenced in the letter. She stated all of
the definitions should be in one section, Mr. Lynch responded that from a financial standpoint
the process was at an end. He stated there would be additional charges from the codifier and the .
League of Minnesota Cities. He noted the city could get an electronic draft from the League. He
added the Council should adopt the electronic version and then staff could make those changes.
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ARDEN HILLS CITY COUNCIL - OCTOBER 9, 2001
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Mayor Probst stated Mr. Lynch should make an administrative decision whether to let staff make
the changes or pay the League of Milmesota Cities to make them. He noted the Council could
look at what changes were to be made and make the decision.
Mayor Probst stated the first Council meeting in the new City Hall would be on October 29,
2001. He noted staff needed a formal action to close city offices on October 19, 2001 for the
move. He added the offices would reopen on October 22, 2001.
MOTION:
Councilmember Grant moved and Councilmember Rem seconded a motion to
approve the closure of city offices on October 19, 2001 for the purpose of the
move to the new City Hall. The motion carried unanimously (4-0),
Mayor Probst stated the 35W Corridor Coalition proposed a two- percent increase in fees for next
year. He noted he hoped the City of Arden Hills would continue its participation in this group,
Mayor Probst stated the Housing Resource Center already had several hundred hits. He noted it
had changed its name to the Greater Metropolitan Resource Center.
Mayor Probst stated he wanted to respond to the interest and concern about the website being
down, He noted the web site was down because it used the I-35W Corridor Coalition Server out
of Roseville. He added the system had been hacked twice.
Mayor Probst commended Councilmember Larson, Mr. Moore, and the other 54 citizens that
worked on the Buckthorn project.
Mayor Probst stated the School District recommended the program on Monday, October 22,
2001 entitled "Moving Forward". He noted the program would discuss the events of September
11, 2001. He added it would discuss ways to talk to children, etc. and to deal with the issues.
Mayor Probst stated the neighborhood meeting last Monday night went very well. He noted the
presentation by Presbyterian Homes was outstanding. He hoped the mood had changed in the
neighborhood. He stated he had not heard anything further from residents.
Mayor Probst stated he had a copy of the Environmental Impact Statement that the National
Guard did on its training at the arsenal. He noted it was a document to allow the Guard to get
training in place on property it did control. He added it refers to a request for another 541 acres.
He stated it included a piece ofland the city had urged them to reconsider. He noted Mr. Lynch
and he had met with Col. Lord several weeks ago. He added the National Guard had other issues
of late, but he would continue discussions. He stated he had also discussed participating with the
Guard on constructing some additional recreation and athletic fields out there.
Councilmember Larson stated at the last Fire Board meeting, the Fire Department was moving
toward the hiring of a full time chief. He noted the Department proposed having a Board of
Directors of the Fire Department. He added the Board of Directors needed to have a majority of
private members in order to qualify for the retirement plan, He stated they also wanted to have
some ability to have outside people helping the Fire Department making the decision about a
ARDEN HILLS CITY COUNCIL - OCTOBER 9, 2001 8
chief He noted the proposed bylaws stated four members would come from the member cities
and would be private citizens that were not elected officials. He added the Mayor of North Oaks .
was not supportive of it. He stated the Councilmember from Shoreview had some reservations,
too, He noted he thought the cities should choose who they wanted for participation. He added
the person might or may not be a CounciImember. He stated he thought it would be just be
adding one more level of government. He noted he did not understand why this responsibility
could not be given to the Fire Board, He added the Fire Department agreed to look at changing
the bylaws.
Mayor Probst stated during his conversation with the Fire Chief this morning the Department
was moving toward offering more flexibility in choosing who would serve. He noted he agreed
they would want the flexibility. He added it was a bit disconcerting to have a Fire Board and a
Board of Directors.
Mayor Probst stated he received a telephone call yesterday from Ms. Elizabeth Link from Mills
Corporation, He noted Ms. Mills was asking how the city wanted to proceed since Mills
Corporation was very interested in pursing a relationship. He added Ms. Mills would like to
bring out the President, CEO, VP of Leasing, etc, to discuss their vision. He stated that he had
indicated to Ms. Mills that the city was not as far along as he had hoped in the decision, He
asked if the Council was willing to meet with the Mills Corporation.
Councilmcmber Larson stated it could be advantageous to have some help. He noted the
immediate question was that if these people came out would there be any additional information
presented. He noted it seemed a good approach to nail down the interest ofthe National Guard in
a deal and to talk to at least one more developer.
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Councilmember Grant stated he would like to approach other developers in order to have a
choice.
Mr. Lynch responded he was working with two other developers to come and present to the
Council.
Councilmember Grant stated the Mills Corporation's focus was retail. He noted other developers
might have another focus. He added the Council needs to ask if that is what it wants there, He
stated he did not want to appear disinterested and cut the Mills Corporation loose. He noted that
perhaps Ms. Link should come back and present.
Councilmember Rem stated the Council still had some homework to do. She noted she did not
think the management people would tip the balance. She added her concerns and questions were
about what was happening there with the National Guard and its timetable, She stated she would
like more perspective on what the options were.
Mayor Probst stated he would take that message back. He noted what intrigued him most was
their willingness to put their money into the planning. He added he would like to see if that
approach was unique to them. .
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ARDEN HILLS CITY COUNCIL - OCTOBER 9, 2001
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Councilmember Grant stated he suspected that part of their interest to put money forward allows
Mills Corporation to be in the driver seat and become the developer of choice, He noted it was a
good business tactic of their part. He asked if the Council wanted to facilitate that. He stated he
would like to know the other options.
Mayor Probst stated the development agreement would drive who stays in control of the project.
He noted the Council needs to make sure it does that well,
ADJOURN
MOTION:
Councilmember Larson moved and Councilmember Grant seconded a motion to
adjourn the meeting at 9:10 p.m. The motion carried unanimously (4-0).
Dennis Probst
Mayor
Joe Lynch
City Administrator
NOTICE OF MEETINGS
The next Council Meeting will be held Monday, October 29,2001 at 7:30 p,m, at the Arden Hills
Council chambers.
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PAGE I OF 3
CITY OF ARDEN HILLS
ACCOUNTS PAY ABLE CLAIMS REPORT
TO BE APPROVED AT 11/13/01 COUNCIL MEETiNG
CLAIMS PAiD SINCE LAST COUNCIL MEETING (10129/01)
<tf<;' <tKM,i!i
20253
20254
20255
20256
20257
20258
20259
20260
20261
20262
20263
20264
20265
20266
20267
20268
20269
20270
10/26/01
10/26/01
10/26/01
10/26/0 1
10/26/0 1
10/26/01
10126/01
10/26/01
10/29/01
10/30/01
10/30/01
10/30/01
10/30/01
10/30/01
11105/01
11/06/01
11/06/01
11108/01
Ha Faces
Coun Sun Farm
Central Rental
Rainbow Foods
Dave Winkel
Laurene En el
Stanton GrOll
ICMA Retirement Trust-457
XcelEner
Yvonne Bushnell
Frank's
IRS
Rochon Co oration
T.A. Schifs & Sons
Affini Plus Federal Credit Union
ICMA Retirement Trust-457
De t of Administration
Stanton Grou -FSA De artment
Subtotal - Paid Claims
100.00
100,00
31.90
61.50
184.40
48,00
287,20
2.512.75
8416.12
300.00
276,69
34.97
92,451.09
8,700.00
4 825.56
2,387.93
1 115.34
142.70
121,976.15
rum kin Hunt Entertainment
50 Pum kills for Pum kin Hunt
Helium Tank Rental-Pum kin Hunt
Cookies for Pum kin Hunt
2001 Uniform Purchase
S ooktacular Class Su lies
Da carelMedical Reimbursement
Second October Pa 011
Se tember Service
Breakfast w/Santa Crafts
Gin erbread House Kits
3rd P Sick Pa -Em 10 er FICA-Post
Pa # 12-Ci Hall Construction
Pave Ri t Turn Lane-New Ci Hall
First November Pa 011
First November Pa roll
Phone Service
Da care Reimbursement
Note: Checks for unpaid claims totaling $135,275.68 ",,~re mailed on October 30, 2001
after approval at the October 29, 2001 Council Meeting. They were check numbers
20202 -20252. This sequence corresponds to unpaid temporary numbers TOl - T51.
Check numbers 20200 ~ 20201 were used for alignment.
Paid Claims From Above-
121,976.15
Add Unpaid Claims, Page 3 of 3 ~
127 956.36
Total Accounts Payable Claims
for Council Approval, 11/13/01-
249,932.51
..na)'i.<<o""l'I")..bl~'oI.;m,1
CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLA1MS REPORT
TO BE APPROVED AT 11/13/01 COUNCIL MEETING
PAGE 2 OF 3
UNPAID CLAIMS REGISTER:
'l'EM~#.I..@,,,AT".' ..'77~8':I. :AlIIDlJNT" ...coM~'...'.'" ......:..:..........
.--_.......
T01 11/14/01 Accurate Press, Inc. 734.85 October Newsletter
T02 11/14/01 APA 160.00 Membershin-A. Parrish
T03 11/14/01 Animal Control Services 878.04 Dog/Cat Enforcement-October
T04 11/14/01 Aoole Business Fonns 1,096.32 Utility Statements!Envelooes
T05 11/14/01 Architectural Alliance 2,333.20 Prof Services 6/30-7/27-New City Hall
T06 11/14/01 Arden Hills Tire & Service 425.64 #2 PickMuP Front V-Joints
T07 11/14/01 Badger Meter, Inc. 798.75 Interrogator Service Agreement 9/01-9/02
T08 11/14/01 Beissweog:er's How To Store 47.49 October Purchases
T09 11/14/01 Bell, Fred 45.91 2001 Unifonn Purchase
TI0 11114/01 Biffs Inc. 391.47 Portable Toilets
T11 11114/01 Braun Intertec 3 528.00 Construction Testing.Engineering
T12 11114/01 Brissman-KelUledv 48.13 Dust MODS-Citv Hall
T13 11114/01 Brunn, LuAnn 180.00 October Cleanine:
T14 11/14/01 Case Credit 153.25 # 19 MaintenancelReoair
T15 11/14/01 Chamnlain Planninp Press, Inc. 1t5,00 Planning Cooun Journal
T16 11/14/01 Corporate Exoress 641.64 Office Suoolies/Copv Paper
T17 11/14/01 D~Rock Center 204.16 Thorn Dr. Landscaoimz Materials
T18 11/14/01 E-Z Recvclino, Inc. 4.855.00 October Service
TI9 11/14/01 Electric Motor Renair 370.32 Lift # 11 Repair
T20 11/14/01 Falcon Conununications 728.67 Phone lnstall-Receotion Tone Commander
T21 11/14/01 Fireside Comer 114.22 Fireplace Remote
T22 11/14/01 Fra-DoT Black Dirt 54.32 Black Dirt-Topsoil
T23 11/14/01 Frattallone's Hardware 69.22 October Purchases
T24 11/14/01 General Office Products 10228.92 City Hall Furniture
T25 11/14/01 Gopher Soon 241.02 Tennis Nets
T26 11/14/01 H & L Mesabi 454.31 Snow Plow Blades/Surface Harden
T27 11/14/01 Hie:h Point Creative, LiC 1 933.67 Winter Rec Guide
T28 11/14/01 LU.O.E, Local 49 Benefit Fund 12,150.00 Insurance~Dcc 2001 - Feb 2002
T29 11/14/01 LU.O.E. Local 49 262.00 October Pavroll Deductions
T30 11/14/01 Kath Auto Parts 323,77 October Purchases
T31 11/14/01 Lea!me of:MN Cities 60,00 Policy Adoption Seminar-J. Lvnch
T32 11/14/01 Lvnch, Joe 148,89 Exoense Reimbursement
T33 11114/01 Mac 0ueen Enuinment 555.17 Vactor ReDair
T34 11114/01 McDonald Batterv Co. 234.76 Vehic1e/Eouin Batteries
135 11/14/01 Menards 65.85 Film-Parks
T36 11/14/01 Met Council Environmental Services 55,538.67 December Sewer Charge
T37 11114/01 Metro Conununications 330,00 Install Centrex-New City Hall
T38 11/14/01 MilUlCom Utilitv Construction 704.11 Gramsic Waterrnain
139 11114/01 Moonev, Josenh 115,35 Unifonn Purchase
T40 11/14/01 Morton Salt 6,458.45 Road Mix (157 Tons)
II Total- Unpaid C1aims--- 107,778.54 II
","d)';'"""L<"...bl~"I.i",.,1
1
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.
.
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,
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.
.
CITY OF ARDEN HILLS
ACCOUNTS PAY ABLE CLAIMS REPORT
TO BE APPROVED AT 11/13/01 COUNCIL MEETING
PAGE30F3
UNPAID CLAIMS REGISTER:
..j'j.;riii'ill.Q<iDATi. < ....I'.'.A!iWUM.,. .,..........~
T41 11114/01 Natale's Caffe 122.4] Lunch Meetin. 1lI08/0 I
T42 11114/01 NCPERS Grow. Life Insurance 36.00 PEM Life-November
T43 11114/01 Pace Analvtical 520.49 Water Testiop-October
T44 11114/01 Perron, J irn 124.97 200 J Unifonn Purchase
T45 11/14/01 Pink Business Interiors 11,743.47 Citv Hall Furniture
T46 11/14/01 Plaisted Comnanies Inc. 2134,99 Ice Control Sand
T47 11114/01 Post Terrance 87,97 Mileao-c/Exnensc Reimbursement
T48 11114/01 Recreational Surfacers 260.00 Cans for Tennis Posts
T49 11114/01 Safetv Kleen 115.52 Hazardous Waste Removal
T50 1]114/01 Samts Club 73.31 Citv Hall Sunnlies
T51 11114/01 Saxe, Pete 44.95 2001 Uniform Purchase
T52 ] ]114/01 Schifskv Mike 37.99 200 I Uniform Purchase
T53 11114/01 Schwaab Inc. 192.03 Ink Stamos
T54 11114/01 Snnnt PCS 69.73 Cellular Phone Service
T55 11114/01 Stowell, Sheila 53.43 Mileao-e Reimbursement
T56 11114/01 Tarpet Stores 405.94 City Hall SUMnlieslPumnkin Hunt
T57 11114/01 T earn Laboratorv Chemical Corn 1,390.03 Lift Station Om Scented DCl!fcaser
T58 11114/01 United Rentals 234.41 Scarifier Rental
T59 11114/01 Verizon Wireless 102.93 Cellular Phone Service
T60 11114/01 Waste Man;;:ement-Blaine 204.63 Waste Removal
T61 11/14/01 West Weld 111.83 Shon Sunnlies
T62 11114/01 Xerox Comoration 2,110,79 OctINov Conier Lease-Move Charge
Subtotal, Page 3 of 3 - 20iH
Pa!:!:e 2 of 3 Broul!ht Forward - 107
Total Unoaid Claims n~ 127
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~~ILLS
CITY OF ARDEN HILLS
MEMORANDUM
DATE: November 7, 2001
TO: Mayor and City Council
FROM: Mike Cronin, Planning Consultant
SUBJECT: Case #01-23, Sign Ordinance
City of Arden Hills
Overview
Attached are two drafts for the amended sign ordinance. One draft, identified as "10/03/01 City
Planning Commission Recommendation" represents the recommendation of the Commission and
was basis for the Council's initial review of the Amendment at the October 15 Worksession. The
other draft, identified as "City Planning Commission Recommendation + ce', responds to the
questions and comments received from the Council at that Worksession. In this draft, the new
amendments and extensions are highlighted in italics. The amendments include:
1. Section IV Exemption ofreligious symbols
This exemption of regulation of religious symbols is in response to the recently adopted Federal
"Religious Liberty Protection Act". One of the objectives of the Act is some preemption oflocal
regulation of religious institutions and activities. How this intent Act will be interpreted and
effectively applied is not yet clear. Faced with this uncertainty, when adopting new ordinances
cities typically take one these paths:
a. Walk away from any attempt to regulate in this area. This was the staff's
recommendation to the CPC regarding religious symbols.
b. Accommodate the display of symbols, but propose reasonable restrictions on the
height and illumination if this provision is used to permit a religious symbol. This is the
recommendation ofthe CPC+CC draft.
c. Continue as before and wait fro interpretation or a challenge to revise the ordinance.
Case #01-23, Sign Ordinance
November 8, 2001
Page 2
.
Under this approach "C" would be deleted and no exemption would be provided.
Most of the signage, wall, freestanding and accessory, for a religious institution will be regulated
by the provisions of Table One for Overlay District 2, where illuminated religious symbols are
pennitted by the "Graphic Sign" provisions.
2. Section VII Permitted sign type, area, height and illumination by sign district, A. Sign Types,
6. Graphic Sign.
The extension of the description of a Graphic Sign in CPC+CC further clarifies and restricts what
it intended to include.
3. Section X Sign standard adjustments
The amendments in the CPC + CC draft clarify A and B and qualifYing conditions and C is a
necessary condition and that a qualifying and necessary finding must be made for each
adjustment.
.
4. Section XII Maintenance and repair
This is a new section in the CPC + CC draft that specifies a maintenance standard and brings the
requirement for a sign permit, and defines when it is required, into the sign ordinance.
Requested Action
Introduction and first reading of Ordinance #331 adopting sign regulations for the City of Arden
Hills.
.
'.
ORDINANCE
e
SIGNS
SECTION I. TITLE
This Ordinance shall be known, cited and referred to as the Arden Hills Sign Ordinance, except a~
referred to herein, where it shall be known as "this Ordinance"
SECTION II. PURPOSE AND INTENT
Regulations governing signs are established to allow effective signage appropriate to the planned
character of each district, to promote an attractive environment, to minimize adverse effects on
nearby property, and protect the public health, safety, and welfare.
SECTION III. SCOPE OF REGULATIONS
e
Scope of Rel!ulations, The sign regulations set fOlth in this Ordinance shall apply to all
structures and all land uses. This Ordinance describes the signage standards for permitted and
conditional uses in the nine special sign districts that overlay the zoning districts of the City.
Specific additional regulations are established for signs which are unique in purpose and not easily
addressed by disl1ict regulations. No person shall place, erect or maintain a sign, nor shall a lessee
or owner permit property under their control to be used for such sign, which does not conform to
the requirements of this Ordinance, and all other applicable regulations.
SECTION IV. EXEMPT SIGNS
Exempt Sil!ns. The following signs shall be exempt from the regulations of this Ordinance.
A. Official public notices or waming signs required by local, state or federal law, including
but not limited to traffic control and other regulatory purpose signs.
B. Any sign located inside a building that is not legible from more than 3 feet beyond the
property line of the parcel or lot the sign is located on.
C. Religious symbols or works of aJt that do not contain a commercial message.
D. Any temporary for sale or for rent sign that advertises the sale or rental of residential
premises upon which the sign is located as long as the sign is not illuminated and does not
exceed 24 sq. ft. in area or 4 ft. in height, or the height pelmitted for an auxiliary sign in that
sign district, if greater. "For Sale" or "For Rent" signs on non residential propelties shall
be regulated as provided in the section "Special Sign Types"
E. Any sign display or device allowed under this section may contain, in lieu of other copy,
e any otherwise lawful noncommercial message that does not direct attention to a busine.~s
10/03/01 CITY PLANNING COMMISSION RECOMMENDATION
1
operated for profi t, or to a commodi ty or service for sale, and that complies with the size,
height and lighting requirements of this section.
F. Any political campaign sign in compliance with Minnesota Statute 21lB.045.
G. Any sign placed within the right of way of a roadway with the pernlission and approval .
of the roadway authority
SECTION V. PROHIBITED SIGNS
Prohibited Sil!ns. The following signs shall be prohibited in all zoning districts.
A. Signs with moving or swinging parts.
B. Rashing signs, except when used to provide primarily time and temperature or other
public service information and not to exceed 25% of the area of the sign face.
C. Roof signs, a sign mounted on the roof of a building or on a parapet wall
D. Projecting signs, a sign, other than a wall sign, that is attached to and projects from the
building facade
E. Off premise, billboard or advertising signs, or any sign that directs attention to a
business, service, product or event not related to or on the premises where the sign is
located.
F. Product signs
G. Any sign not constructed, wired, assembled, attached or supported in confolmance with
applicable building or other codes and regulations.
H. Any sign not specifically permitted in this section.
SECTION VI. REGULATION BY SIGN DISTRICT
e
Refutation bv Sifn District. For the purpose of regulation of signs, the following nine sign
districts are adopted.
1. All residential properties zoned R-l or R-2
2. All non residential uses in any residential, R-1 through R-4, zoning district
3. All residential properties zoned R-3 and R-4
4 All properties fronting on Cty Rd E east of Hwy 51
5. All propelties fronting on Lexington A venue South of I 694
6. All properties zoned for commercial or industrial use fronting on Lexington A venue
north of I 694, Hwy 96, or located in a B-1 zoning district.
7. All propelties in the 1 Rex, Gateway Business, or other commercial or industrial district
without frontage on an roadway designated abcve
8. All properties zoned Neighbcrhood Business
9. The parts of the TCA PP area not fronting on Hwy 96
e
10/03/01 CITY PLANNING COMMISSION RECOMMENDATION
2
-
-
e
SECTION VII. PERMITTED SIGN TYPE. AREA. HEIGHT AND
ILLUMINATION BY SIGN DISTRICT
Permitted Sign Tvpe. Area. Height and Illumination bv Sign District. All signs, unless
specifically regulated in Section Xl, Special Sign Types, shall confoml to the applicable standards
in the following Table One: Sign Standards by Sign District
Definition of Permitted Sign Tvpes and Lighting
A. Sign types
1. Wall sign: A sign mounted parallel to the building facade. Wall signs may not
extend more than 18" from the wall they are attached to.
2. Freestanding sign: A self supporting sign on poles, standards or any other base
anchored to the ground. No more than one freestanding sign is permitted on any
site. See the special design requirements for freestanding signs in the Lexington
A venue Commercial Sign Overlay District in Section XI. C
Freestanding signs must be must located to provide at least a 1 ft setback from any
property line. If the bottom edge of the sign copy is not located more than 10 ft
above the ground with supports that do not encroach on the clear vision of
approaching traffic from any exit from the site, the sign must be located to preserve
the following clear vision area.
The clear vision area shall be an area within a triangle created beginning at the
intersection of the mid point of the dliveway and the curb or edge of pavement line
of the street, and extending 35 ft. in the direction of approaching unffic and 25 ft
toward the interior of the property. and then a line connecting these (\\'0 points.
3. Projecting sign: A sign, other than a wall sign. that is attached to and projects
from the building facade. Projecting signs are not permitted
4. Roof sign: A sign mounted on the roof of a building or on a parapet wall. Roof
signs are not permitted.
5. Auxiliary sign: A sign solely providing direction for internal circulation, parking
or entry, restrictions on parking, or security warnings. Only non illuminated
auxiliary signs are permined, and no part of the sign may display a product or logo
message.
6. Graphic Sign: A sculpture attached or sign painted directly to a wall that is
10103/01 CITY PLANNING COMMISSION RECOMMENDATION
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6. Graphic Sign: A sculpturc attached or sign painted directly to a wall that is
primarily symbolic or representational in nature.
B. Sign Lighting
1. Not Pennitted: The sign is neithcr lighted intemally nor has a specific source of
light directed at it. It depends on the gcneral illumination in the area for its lighting.
2. External: The sign is illuminated by means of extemallight fixtures directed at
the sign.
3. Internal: The sign is illuminated by a light source located inside of the sign.
Only the letters or other symbols are illuminated within an opaque background.
This includes neon and or channel letter signs.
4. Backlit: The message is applied to a translucent panel, through which light is
directed from a source behind the sign face, illuminating the copy and background
of the sign.
SECTION VIII. ALLOCATION OF PERMITTED SIGN TYPE AND AREA
AND PROVISIONS FOR MULTI TENANT DEVELOPMENT S AND SITES
Allocation of Permitted Sf!!n Tvpe and Si!!n Area and provisions for in Multi Tenant
Developments and Sites.
In multi tenant buildings or sites the permitted sign area and sign types, except for pelmitted
freestanding signs, may be installed by each individual business establishment that ha~ exclusive
use of some poltion of the street or otherwise primary level of the building and direct access to the
outside. Tenants located on the street or other wise primary level in a Genter with a common mall or
atrium shall be considered to have direct access to the outside for the purpose of this section,
The management and ownership of any business establishment proposing to install signage must
be separate and distinct from the management and ownership of any other establishment in the
same building or on the same building lot. Each establishment must be separated from all other
establishments by party walls having no openings or passages.
Signage for establishments occupying a multi tenant building or site. but not located on the street or
primary level of the building must be provided from the allocation of sign area and type to the
occupants of the street or primary level of the building.
Only one freestanding sign is pelmitted for each development or parcel whether occupied by a
single or by multiple tenants. In the case of multiple tenant sites, the permitted freestanding sign
10/03/01 CITY PLANNING COMMISSION RECOMMENDATION
4
area III Section VI. ;"TabJe One Standards by Sign DisllicJ" for the single permitted freestanding
sign must be allocated by the owner of the si te among its tenants.
SECTION IX. TEMPORARY SIGNS
e
Temporarv Sil!ns. Temporary signs, including streamers and pennants, are permitted for a total
of 30 days per calendar year. Freestanding Temporary Signs are permitted only in districts (on the
matrix) where freestanding signs are permitted and freestanding temporaT)' signs are not permitted
when a permanent freestanding sign is located on the same lot. The area of any temporary sign
shall be one half that allowed in Section for a permanent sign of that type in That district.
SECTION X. SIGN STANDARD ADJUSTMENTS
Sil!n Standard Ad iustments. Adjustments to the requirements and standards for the height,
number, Type, lighting, area or location of a sign or signs established by this ordinance may be
approved through the Site Plan Review process if the following cIiteJia are met:
(a) There are site conditions which require a sign adjustment to allow the sign
to be reasonably visible from a street immediately adjacent to the site; Or,
(b) The sign adjustment will allow a sign of exceptional design or a style That will enhance
the area or thaT is more consistent with the architeclW'e and design of the site; And,
(c) The sign adjustment will not result in a sign that is inconsistent with the purpose of the
zoning district in which the property is located,
e
SECTION XI. SPECIAL SIGN TYPES
Special Slim Tvpes.
A. Service area canopy signs. Each edge of a service area canopy facing a street is
permitted 25 sf of sign area in addition to all other sign area permitted on the site. Such
signage may be illuminated externally, internally, or backlit, but no other part of the face of
the canopy shall be illuminated,
B. Awning or sun canopy: No part may be less than 8 ft. or greater than 12 ft above grade.
Any sign area on the awning, if illuminated, will be deducted from the permitted wall sign
area. The fabric or material used for the awning or canopy must be opaque and no intemal
illumination is permitted,
C. Design of Freestanding Signs Freestanding signs in the Lexington A venue South of
694 Sign District. Freestanding signs in this Sign District may not be supported by poles
or columns, They must be monument type ground signs with with the copy resting on and
supported by a solid base of brick or rock faced block in a color similar to or
-
10/03/01 CITY PLANNING COMMISSION RECOMMENDA T10N
5
complementary to the main structure on the site. The material of the base must extend at
least one half way up the sides of the sign face,
~
D. Commercial Real Estate Signs. For Sale or For Rent signs on commercial or industrial
properties, whether attached to the wall or freestanding are permitted as palt of the unused
sign area allocated to the site, No freestanding for sale or for rent signage is permitted
except as part of or attached to the permitted freestanding sign or signs on the site. If
adequate unallocated sign area is not available, temporary signage may be attached to the
wall or an existing freestanding sign as regulated in Section 5 Temporary Signs.
~
-
10/03/01 CITY PLANNING COMMISSION RECOMMENDATION
6
.
.
.
ORDINANCE 333
SIGNS
SECTION I. TITLE
This Ordinance shall be known, cited and referred to as the Arden Hills Sign Ordinance, except
as referred to herein, where it shall be known as "this Ordinance"
SECTION II. PURPOSE AND INTENT
Regulations governing signs are established to allow effective signage appropriate to the planned
character of each district, to promote an attractive environment, to minimize adverse effects on
nearby property, and protect the public health, safety, and welfare.
SECTION III. SCOPE OF REGULATIONS
Scope of Rel!uIatiolls. The sign regulations set forth in this Ordinance shall apply to all
structures and all land uses. This Ordinance describes the signage standards for permitted and
conditional uses in the nine special sign districts that overlay the zoning districts of the City.
Specific additional regulations are established for signs which are unique in purpose and not
easily addressed by district regulations. No person shall place, erect or maintain a sign, nor shall
a lessee or owner permit property under their control to be used for such sign, which does not
conform to the requirements of this Ordinance, and all other applicable regulations.
SECTION IV. EXEMPT SIGNS
Exempt Sil!llS. The following signs shall be exempt from the regulations of this Ordinance.
A. Official public notices or warning signs required by local, state or federal law,
including but not limited to traffic control and other regulatory purpose signs.
B. Any sign located inside a building that is not legible from more than 3 feet beyond the
property line ofthe parcel or lot the sign is located on.
e. Religious symbols attached to institutional and public buildings, provided such
symbols shall not be illuminated and do not extend above the uppermost part of the face
of the building they are attached to.
D. Any temporary for sale or for rent sign that advertises the sale or rental of residential
premises upon which the sign is located as long as the sign is not illuminated and does
not exceed 24 sq. ft. in area or 4 ft. in height, or the height permitted for an auxiliary sign
in that sign district, if greater. "For Sale" or "For Rent" signs on non residential
1
CITY PLANNING COMMISSION RECOMMENDA nON +CC
properties shall be regulated as provided in the section "Special Sign Types"
E. Any sign display or device allowed under this section may contain, in lieu of other
copy, any otherwise lawful noncommercial message that does not direct attention to a
business operated for profit, or to a commodity or service for sale, and that complies with
the size, height and lighting requirements of this section.
F. Any political campaign sign in compliance with Minnesota Statute 211B.045.
G. Any sign placed within the right of way ofa roadway with the permission and
approval ofthe roadway authority
SECTION V. PROHIBITED SIGNS
Prohibited Si!!ns. The following signs shall be prohibited in all zoning districts.
A. Signs with moving or swinging parts.
B. Flashing signs, except when used to provide primarily time and temperature or other
public service information and not to exceed 25% of the area of the sign face.
C. Roof signs, a sign mounted on the roof of a building or on a parapet wall
D. Projecting signs, a sign, other than a wall sign, that is attached to and projects from
the building facade
E. Off premise, billboard or advertising signs, or any sign that directs attention to a
business, service, product or event not related to or on the premises where the sign is
located.
F. Product signs
G. Any sign not constructed, wired, assembled, attached or supported in conformance
with applicable building or other codes and regnlations.
H. Any sign not specifically permitted in this section.
SECTION VI. REGULATION BY SIGN DISTRICT
Re!!ulation bv Si!!n District. For the purpose of regulation of signs, the following nine sign
districts are adopted.
1. All residential properties zoned R-l or R-2
2. All non residential uses in any residential, R-I through R-4, zoning district
3. All residential properties zoned R-3 and R-4
4 All properties fronting on Cty Rd E east ofHwy 51
5. All properties fronting on Lexington Avenue South of! 694
6. All properties zoned for commercial or industrial use fronting on Lexington Avenue
north of! 694, Hwy 96, or located in a B-1 zoning district.
2
CITY PLANNING COMMISSION RECOMMENDATION +CC
.
.
.
.
.
.
7, All properties in the I Flex, Gateway Business, or other commercial or industrial
district without frontage on an roadway designated above
8, All properties zoned Neighborhood Business
9. The parts of the TCAPP area not fronting on Hwy 96
SECTION VII. PERMITTED SIGN TYPE, AREA, HEIGHT AND
ILLUMINATION BY SIGN DISTRICT
Permitted Sien Type, Area, Heil!ht and Illumination by Sil!n District. All signs, unless
specifically regulated in Section XI, Special Sign Types, shall conform to the applicable
standards in the following Table One: Sign Standards by Sign District.
Definition of Permitted Sien Types and Lil!htine
A. Sign types
1. Wall sign: A sign mounted parallel to the building facade. Wall signs may not
extend more than 18" from the wall they are attached to.
2. Freestanding sign: A self supporting sign on poles, standards or any other base
anchored to the ground. No more than one freestanding sign is permitted on any
site. See the special design requirements for freestanding signs in the Lexington
Avenue Commercial Sign Overlay District in Section XI. C
Freestanding signs must be must located to provide at least a 1 ft. setback from
any property line. If the bottom edge of the sign copy is not located more than 10
ft above the ground with supports that do not encroach on the clear vision of
approaching traffic from any exit from the site, the sign must be located to
preserve the following clear vision area.
The clear vision area shall be an area within a triangle created beginning at the
intersection of the mid point of the driveway and the curb or edge of pavement
line ofthe street, and extending 35 ft, in the direction of approaching traffic and
25 ft toward the interior of the property, and then a line connecting these two
points.
3. Projecting sign: A sign, other than a wall sign, that is attached to and projects
from the building facade. Projecting signs are not permitted
3
CITY PLANNING COMMISSION RECOMMENDATION +CC
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4. Roof sign: A sign mounted on the roof of a building or on a parapet wall.
Roof signs are not permitted.
5. Auxiliary sign: A sign solely providing direction for internal circulation,
parking or entry, restrictions on parking, or security warnings. Only non
illuminated auxiliary signs are permitted, and no part of the sign may display a
product or logo message.
6. Graphic Sign: A sculpture attached to or sign painted directly on a wall that is
primarily symbolic or representational in nature and not alpha or numeric in
content or copy.
B. Sign Lighting
1. Not Permitted: The sign is neither lighted internally nor has a specific source
oflight directed at it. It depends on the general illumination in the area for its
lighting.
2. External: The sign is illuminated by means of external light fixtures directed at
the sign.
3. Internal: The sign is illuminated by a light source located inside of the sign.
Only the letters or other symbols are illuminated within an opaque background.
This includes neon and or chaunelletter signs.
4. Backlit: The message is applied to a translucent panel, through which light is
directed from a source behind the sign face, illuminating the copy and background
ofthe sign.
SECTION VIII. ALLOCATION OF PERMITTED SIGN TYPE AND AREA
AND PROVISIONS FOR MULTI TENANT DEVELOPMENT SAND
SITES
Allocation of Permitted Sien Tvpe and Sien Area and provisions for in Mnlti Tenant
Developments and Sites.
In multi tenant buildings or sites the permitted sign area and sign types, except for permitted
4
CITY PLANNING COMMISSION RECOMMENDATION +CC
freestanding signs, may be installed by each individual business establishment that has exclusive
use of some portion of the street or otherwise primary level of the building and direct access to
the outside. Tenants located on the street or other wise primary level in a center with a common
mall or atrium shall be considered to have direct access to the outside for the purpose ofthis
section.
f
.
,
The management and ownership of any business establishment proposing to install signage must
be separate and distinct from the management and ownership of any other establishment in the
same building or on the same building lot. Each establishment must be separated from all other
establishments by party walls having no openings or passages.
Signage for establishments occupying a multi tenant building or site, but not located on the street
or primary level of the building must be provided from the allocation of sign area and type to the
occupants of the street or primary level of the building.
Only one freestanding sign is permitted for each development or parcel whether occupied by a
single or by multiple tenants. In the case of multiple tenant sites, the permitted freestanding sign
area in Section VI. "Table One Standards by Sign District" for the single permitted freestanding
sign must be allocated by the owner ofthe site among its tenants.
SECTION IX. TEMPORARY SIGNS
.
Temporary Sil!ns. Temporary signs, including streamers and pennants, are permitted for a total
of 30 days per calendar year. Freestanding Temporary Signs are permitted only in districts (on
the matrix) where freestanding signs are permitted and freestanding temporary signs are not
permitted when a permanent freestanding sign is located on the same lot. The area of any
temporary sign shall be one half that allowed in Section for a permanent sign of that type in that
district.
SECTION X. SIGN STANDARD ADJUSTMENTS
Sil!n Standard Adiustments. Adjustments to the requirements and standards for the height,
number, type, lighting, area or location of a sign or signs established by this ordinance may be
approved through the Site Plan Review process if the following qualifying criteria of A or B, and
the necessary criteria of C, are met:
A. There are site conditions which require a sign adjustment to allow the sign
to be reasonably visible from a street immediately adjacent to the site; Or,
B. The sign adjustment will allow a sign of exceptional design or a style that will
.
5
CITY PLANNING COMM1SSION RECOMMENDATION +CC
.
.
.
.
.
enhance the area or that is more consistent with the architecture and design of the site;
And, after finding positively on condition A or B above,
C. The sign adjustment will not result in a sign that is inconsistent with the purpose of
the zoning district in which the property is located.
SECTION XI. SPECIAL SIGN TYPES
Special Sil!D Tvpes.
A. Service area canopy signs. Each edge of a service area canopy facing a street is
permitted 25 sf of sign area in addition to all other sign area permitted on the site. Such
signage may be illuminated externally, internally, or backlit, but no other part of the face
of the canopy shall be illuminated.
B. Awning or sun canopy: No part may be less than 8 ft. or greater than 12 ft above
grade. Any sign area on the awning, if illuminated, will be deducted from the permitted
wall sign area. The fabric or material used for the awning or canopy must be opaque and
no internal illumination is permitted.
C. Design of Freestanding Signs Freestanding signs in the Lexington Avenue South of
694 Sign District. Freestanding signs in this Sign District may not be supported by poles
or columns. They must be monument type ground signs with with the copy resting on
and supported by a solid base of brick or rock faced block in a color similar to or
complementary to the main structure on the site. The material of the base must extend at
least one half way up the sides of the sign face.
D. Commercial Real Estate Signs. For Sale or For Rent signs on commercial or
industrial properties, whether attached to the wall or freestanding are permitted as part of
the unused sign area allocated to the site. No freestanding for sale or for rent signage is
permitted except as part of or attached to the permitted freestanding sign or signs on the
site. If adequate unallocated sign area is not available, temporary signage may be
attached to the wall or an existing freestanding sign as regulated in Section 5 Temporary
Signs.
SECTION XII MAINTENANCE AND REPAIR
Maintenance. Sifm Permit ReQuired. All signs shall be kept in good repair and free from
peeling paint, rust, damaged or rotted supports, framework or other material, broken or missing
6
CITY PLANNING COMMISSION RECOMMENDA nON +CC
-( -
faces or missing letters. Any structure from which a sign has been moved or removed shall be
repaired with materials and/or painted or stained to match the existing background.
.
A. Activities considered normal maintenance and repair and not requiring a sign permit
from the City shall include activities such as replacing lamps, replacing ballast in
freestanding signs, replacing transformers in building signs, painting the pole of
freestanding signs and the cabinet of freestanding or building signs, replacing or
repairing the sign face, including H-bars and retainers behind the face, replacing trim
and replacement of sign fasteners, nuts and washers.
.
B Activities not considered normal maintenance and repair and requiring a sign permit
from the City and that shall require that a nonconforming sign be brought into
conformance with all requirements of this chapter include:
1. Changes made to the size, height or bulk of the sign or the removal of the sign
for the repair or replacement of the cabinet or any part thereof, not including the
face, or addition of illumination
2. Changes in poles, structural supports, bases or shrouds. footings or anchor
bolts, moving the sign for any reason, change or replacement of the interior or
exterior cabinet frame and removal of any part of the sign for maintenance, .
except the sign face.
C. A sign permit in addition to a building permit is required and will be issued for any
placement or installation of a new sign, temporary or permanent, or for any maintenance
activity that requires a sign permit, afier application for such permit on a form provided
by the City along with any plans, certifications or other attachments requested by the
City, and the finding by City Officials the application is in conformance with the
regulations of this section.
.
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CITY PLANNING COMMISSION RECOMMENDATION +CC
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~
~~ILLS
CITY OF ARDEN HILLS
MEMORANDUM
DATE:
November 5, 2001
TO:
Mayor and City Council
FROM:
Aaron Parrish, City Planner
;If
SUBJECT: Case #01-15, City of Arden Hills Flood Plain Ordinance
Reauest
The City of Arden Hills requests second reading and adoption of Ordinance #331, an
ordinance adopting flood plain management standards with the City of Arden Hills.
Overview
Attached is a final draft of Ordinance #331 adopting flood plain regulations for the City
of Arden Hills. An ordinance. summary is also included for your review. Finally, a
reproduction of the City's Flood Plain map is also enclosed. Zones AE and A are
considered flood plain, while Zone X contains areas of minimal flooding. The City's
official flood plain map is provided by FEMA and the Federal Insurance Administration.
However, they are not available in an easily reproducible format.
Action Reauired
Consider second reading and adoption of Ordinance #331, an ordinance adopting flood
plain management standards within the City of Arden Hills.
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
.
ORDINANCE NO. 331
A SUMMARY
Of Ordinance No. 331 Adopting Flood Plain Management Standards with
the City of Arden Hills
On the 13th day of November, 2001, the Arden Hills City Council adopted
Ordinance #331, and by affirmative votes pursuant to Minn. Stat. ~412.191,
Subd. 4, directed that a summary of the Ordinance be published.
The adoption of Arden Hills Ordinance #331 will become effective the day
following publication of the Ordinance Summary.
A copy of the Ordinance is available for inspection by any person during regular
business hours at the office of the City Administrator, 4364 Round Lake Road, Arden
Hills, Minnesota 55112.
.
ATTEST:
DENNIS PROBST, MAYOR
JOSEPHP. LYNCH, CITY ADMINISTRATOR
,2001.
Publication Date: Published on the
of
.
.
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 Statutory Authorization. This Chapter is enacted pursuant to the provisions of M.S.
103F 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.
.
Subd. 2. Method Used to Analvze Flood Hazards. There regulations ofthis 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 Purpose. 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 desiguation of a floodway.
331.6 Administrator. The City Administrator or other official desigrJated 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.
331.7 Lands to Which Re!!ulations Applv. 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.
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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 (lOO-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 Rel!ulations. No new structure or land shall be used and no
structure shall be located, extended, converted, or structurally altered without full
compliance with the 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:
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A. New manufactured homes, replacement manufactured homes and certain
travel trailers and travel vehicles shall be subject to the general provisions
of this 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 Abrol!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. _
Ordinance 331
Page 2
.
331.12 Warning and Disclaimer of Liability. 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 create liability on the part of
the City or any officer or employee 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. Accessory 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. Basement. "Basement" shall mean any area of a structure, including crawl
spaces, having its floor or base sub grade (below ground level) on all four sides,
regardless ofthe depth of excavation below ground level.
Subd. 3. Board. "Board" shall refer to the City Council acting as the Board of
Adjustment and Appeals.
.
Subd. 4. Equal Degree 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.
Subd. 5. Flood. "Flood" shall mean a temporary increase in the flow or stage of a stream
or in the stage of a wetland or lake that results in the inundation of normally dry areas.
Subd. 6. Flood Frequency. "Flood Frequency" shall mean the frequency for which it is
expected that a specific flood stage or discharge may be equaled or exceeded.
Subd. 7. Flood Fringe. "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. 8. 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. 9. Flood-Proofing. "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. 10. Floodway. "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.
.
Subd. 11. Obstruction. "Obstruction" shall mean any dam, wall, wharf, embankment,
levee, dike, pile, abutment, projection, excavation, channel, modification, culvert,
Ordinance 331
Page 3
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,
retard, or change the direction of the flow of water, either in itself or by catching or .
collecting debris carried by such water.
Subd. 12. Principal Use or Structure. "Principal Use or Structure" shall mean all uses
or structures that are not accessory uses or structures.
Subd. 13. 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. 14. Rel!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. 15. Rel!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. 16. Special Use. "Special Use" shall mean a specific type of structure or land use A
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: (I) 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. 17. 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. 18. 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 Desil!nation of Zoninl! Districts
Subd. 1. Floodwav District. The floodway District shall include those areas designated
as floodway on the Flood Boundary and Floodway Map adopted in this Chapter.
.
Ordinance 331
Page 4
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Subd. 2. Flood Fringe 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.
.
D.
Residential lawns, gardens, parking areas, and play areas.
Subd. 2. Standards for FIoodwav 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. Special 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.
E. Placement of fill.
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 e
campgrounds, subject to the exemptions and provisions of this Chapter.
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 Special 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 lOO-year or regional flood or cause an increase in flood
damages in the reach or reaches affected.
B. AIl floodway Special Uses shall be subj ect 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.
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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.
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1. Accessory structures shall not be designed for human habitation.
Ordinance 331
Page 6
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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.
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-I 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
b. Any mechanical and utility equipment in a structure shall
be elevated to or above the Regnlatory 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,
flammable, 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.
.
Ordinance 331
Page 7
H, A levee, dike or f100dwall 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. ...
331.16 Flood Frinl!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 Frinl!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 (1) foot below the Regulatory Flood
Protection Elevation and the fill shall extend at an elevation of at least
fifteen (15) feet beyond the outside limits of the 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.
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. Svecial 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 Frinl!e SveciaI 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, e
parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or
Ordinance 331
Page 8
.
tuck under garages. The base or floor of an enclosed area shall be
considered above-grade and not a stmcture'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 Regnlatory Flood
Protection Elevation or be designed to prevent flood water from
entering or accumulating within these components during times of
flooding.
.
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 constmction shall not be allowed below the
Regulatory Flood Protection Elevation.
.
Ordinance 33 1
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-1
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 offill 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 shore1and 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 .
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.
I. The storage or processing of materials that are, in time of flooding,
flanlIDable, 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 Frine: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 limitations 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.
.
Ordinance 33 t
Page 10
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B.
Commercial Uses. Accessory land uses, such as yards, railroad tracks, and
parking lots may be at elevations lower than the Regnlatory 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 ofthe
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 II
B.
All other uses shall be subject to the floodwaylf1ood fringe evaluation
criteria set forth in this code.
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Subd. 2. Procedures for Floodwav and Flood Frinl!e Determinations Within the
General Flood Plain District
A. Upon receipt of an application for a Speciai 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.
I. 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 ..
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
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Ordinance 331
Page 12
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stagc 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.
.
331.18 Review Criteria. No land shall be subdivided which is unsuitable for the reason of
flooding, inadequate drainage, water supply or sewage treatment 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 treatment 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 Frinl!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
boundaries and the Regulatory Flood Protection Elevation for the subdivision site.
331.20 Removal of Special Flood Hazard Area Desil!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 100-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.
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.
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331.22 Public Transportation 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 failure 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 e
be constructed at a lower elevation where failure or interruption of transportation services
would not endanger the public health or safety.
331.23 On-Site Sewal!e Treatment and Water SuppIv Systems. 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 of the 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 Special 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
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Subd. 1. Hearings. 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 of the action.
Subd. 3. Procedures to be Followed bv tbe City Council in Passing on Special 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:
1.
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.
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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 of this Chapter, and:
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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.
.
C. The proposed water supply and sanitation systems and the ability of these
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 owner.
E. The importance of the services provided by the proposed facility to the
community.
F. The requirements of the facility for a waterfront location.
G. The availability of alternative locations not subject to flooding for the
proposed use.
H. The compatibility of the proposed use with existing 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 area.
J.
The safety of access to the property in times of flood for ordinary and .
emergency vehicles.
K. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site.
L. Any other factors which shall be relevant to the purposes of this Chapter.
Subd. 5. Time for Actin!! on Application. The City Council shall act on an application
in the manner described above within thirty (30) days from receiving 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 facilities.
B.
Limitations on period of use, occupancy, and operation.
.
C. Imposition of operational controls, sureties, and deed restrictions.
Ordinance 331
Page 16
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D.
Requirements for construction of charrnel 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
fTom 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.
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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. Admiuistrative 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. Hearinl!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 (10) days notice of the hearing.
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Suhd. 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 ofthe 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
(10) 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 Keeping. A community shall maintain a record of all variance actions,
including justification for their issuance, and report the variances issued in its arrnual or
biennial report submitted to the Administrator of the National Flood Insurance Program.
331.27 General Application, Permit, Use, etc" Requirements
Subd. 1. Certificate of Zoning Compliance. 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
of the building or land conforms to the requirements of this Chapter. e
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
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Ordinance 331
Page t8
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homes shall not be allowed until the property owner(s) develops a flood warnmg
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:
Subd. 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.
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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 TraveI/RecreationaI 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.
.
Subd. 4. Parks. Campl!rounds, Subdivisions. 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 ofthe 1 OO-year orregional 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-Conformin!! Uses. A structure or the use of a structure or premises which 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 subject to the following
conditions:
Subd. 1. Increase. No such use shall be expanded, changed, enlarged, or altered in a way tit
which increases its nonconformity.
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
ofthe 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.
Ordinance 331
Page 20
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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 Desienation 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 Aeencv Approval. 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.
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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 state 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
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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. e
C. The City Administrator shall notify the suspected party of the
requirements of this 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:
1. 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. -
Effective Date: This ordinance shall become effective the day following its publication.
Adoption Date: Passed by the City Council ofthe City of Arden Hills
the day of 2001.
ATTEST:
DENNIS PROBST, MAYOR
JOSEPH P. LYNCH, CITY ADMINISTRATOR
Publication Date: Published on the
of
2001.
.
Ordinance 331
Page 22
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~
~HILLS
MEMORANDUM
DATE:
November 9, 2001
TO:
Joe Lynch, City Administrator ,-~
Sheila Stowell, Administrative Secretary (\~
Council Meeting Schedule - December 2001
FROM:
SUBJECT:
Backl!round
In past years, the City Council has sometimes elected to eliminate the final regularly
scheduled City Council meeting in December due to numerous holiday commitments.
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Considerations
The Council meetings scheduled in December 2001 are currently as follows:
. December 10th
. December 17th
. December 26th
Regular Meeting
Council Worksession
Regular Meeting
Due to how the Christmas holiday falls this year, we had scheduled the last regular
meeting for Wednesday, December 26, 2001.
If Council proceeds with eliminating this last meeting of the year, they may want to
schedule a Special Council meeting at 4:45 p.m. on December 17th (scheduled Council
Worksession) to complete any unfinished business prior to year end. Councilmembers
could then reconvene into a W orksession following any required action items.
Staff is requesting the Council's attention to this item at this time, as it will affect how the
remainder of the year's business is scheduled, and will allow Plarrning Cases to be
accommodated.
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Pending discussion at the November Worksession and action at the November 26th
regular Council meeting of the 2002 City Council/Planning Commission schedule, the
organizational meeting of 2002 is scheduled for Wednesday, January 2, 2001, as per code
(existing and pending). The first regular Council meeting of 2002 is scheduled for
January 14, 2002.
Council Meeting Schedule - December 2001
Page Two
November 9, 2001
.
Recommendation
Staff would recommcnd that the final meeting of December, scheduled for December 26,
2001, be cancelled; a Special Council meeting be scheduled for Monday, December 17,
2001 at 4:45 p.m. to be immediately followed by the Council Worksession; and any
Plamling Cases be heard at the December 10, 2001 or January 14,2002 regular Council
meetings.
The City Council may wish to consider further cancellations of some ofthe standing
committees scheduled in December. (Please refer to the tentative meeting schedules
shown on your agenda).
On a related note, Councilmembers may wish to consider scheduling the annual holiday
potluck luncheon with Councilmembers and staff, or alternative plans.
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.
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BOARD OF RAMSEY COUNTY COMMISSIONERS
15 W. KELLOGG BLVD., ST. PAUL, MN 55102
651 266-8350
POLICY AGENDA
November 20,2001
Council Chambers - Third Floor Court House
..m~....~...._..~..E.......~~..I..........:.......~.......:...:....I......~....
ROLL CALL and Call to Order - 9:00 a.m. - Council Chambers
PLEDGE OF ALLEGIANCE
AGENDA of the November 20,2001, Board Meetings are presented for approval.
MINUTES of the November 13, 2001, Board Meeting are presented for approval.
P92
PROPERTY MANAGEMENT/BUDGETING AND ACCOUNTING - Law
Enforcement Center (LEC) and Public Works Facilitv Capital Financinq.
(Commissioner Bennett, Chair, Facilities Committee)
Board Action Requested: Policy discussion with same day Board action
requested:
1)
Approve an increase of $29,065,000 in the 2002 Capital
Improvement Program (CIP) budget for the Public Works Facility
replacement project, for a total project budget of $29,500,000;
Authorize the use of $12,500,000 cash previously appropriated
from the General Fund Balance for the Law Enforcement Center
project to finance debt service payments;
Approve the addition of $12,500,000 plus bond issuance costs in
2002 Capital I mprovement Program (CI P) bonds for the Law
Enforcement Center project to replace the previous appropriation
from the General Fund Balance that will be used to pay debt
service payments; and
Direct the County Manager to work with the County's financial
advisor, Springsted, Inc., to structure an overall debt financing plan
for issuance of bonds for the remaining amount of the LEC to be
financed and the new Public Works Facility that keeps the property
tax levy for debt service stable using CABs, principal deferral,
restructuring of existing debt or a combination that results in the
lowest total cost.
2)
3)
4)
(Continued)
.
P93
.
P94
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Ramsey County Board Policy Agenda - November 20, 2001 - Page Two
PUBLIC WORKS/PROPERTY MANAGEMENT - Policv Discussion and
authorization to proceed with the Ramsev County Public Works Facilitv
Proiect. (Commissioner Bennett, Chair, Facilities Committee)
Board Action Requested: Policy discussion with same day Board action
requested:
1) Authorize the County Manager to proceed with the development of
a new Public Works Facility on the 35-acres of land at the TCAAP
site; the scope of the project would include acquisition of land,
hazardous materials removal, demolition of Building 576, and
construction of a new Public Works Facility;
2) Accept the Project Schedule dated November 9, 2001, as
presented;
3) Approve the Project Budget, in the total amount of $29.5 million, for
the Public Works Facility Project from $435,000 set aside by Public
Works and through issuance of $29,065,000 bonds;
4) Authorize the County Manager to make all appropriate budget
adjustments within the approved budget for the Public Works
Facility Project;
5) Authorize the County Manager to take all necessary steps and
execute all necessary documents to complete the acquisition of the
35-acre site at TCAAP necessary for the construction of the Public
Works Facility;
6) Authorize the County Manager to approve contracts, for any and all
work related to the Public Works Facility Project prior to general
construction; and
7) Authorize the Department of Property Management to issue a
Request for Proposals, subject to final approval by the County
Manager, and the County Attorney, to secure Design-Build services
for the Public Works Facility Project, and to return to the Board with
a staff recommendation.
PROPERTY MANAGEMENT - Ramsev County Law Enforcement Center
- Project Proqress and Status Report. (Commissioner Bennett, Chair,
Facilities Committee)
Board Action Requested: Policy discussion with same day Board action
requested:
1) Approve the revised Total Project Budget dated November 1,2001;
2) Approve the Project Construction Schedule dated October 12,
2001 ;
(Continued)
.
Ramsey County Board Policy Agenda - November 20, 2001 - Page Three
.
P94 (Continued)
3) Authorize the Chair and Chief Clerk to execute an Amendment to
the Assisting General Contractor Phase One Project Services
Agreement with McGough Construction, 2737 Fairview Ave. No.,
S1. Paul, MN 55113-1372 for Phase Two construction services,
subject to final approval by the County Attorney, Property
Management and Budgeting and Accounting;
4) Authorize the Chair and Chief Clerk to execute Agreements
between the County and District Energy S1. Paul, Inc., Hans O.
Nyman Energy Center, 76 West Kellogg Boulevard, S1. Paul, MN
55102-1611, to provide Thermal Energy and Chilled Water as
energy sources to heat and cool the Law Enforcement Center,
subject to final approval by the County Attorney, Property
Management and Budgeting and Accounting;
5) Authorize the County Manager or his designee to execute
agreements up to $25,000 each for professional services
necessary for the completion of the LEC project within the limits of
the funds available;
6) Authorize the use of a Project Labor Agreement for the construction
of the LEC between McGough Construction and the Building
Trades Council for the construction of the LEC; and
7) Authorize the County Manager or his designee to make all
necessary budget transfers and payments and to execute change
orders to the construction contract with McGough Construction, up
to $50,000 per change order not to exceed the construction
contingency.
P95 COUNTY MANAGER - Emplover Sponsored Child Care Center.
Board Action Requested:
1) Affirm the recommendation by the County staff workgroup to not
estabiish an employer sponsored Child Care Center at the West
Building at this time; and
2) Direct staff to notify the business members of the Partnership that
considered this issue, County staff, and County union officials of
this decision.
P96 COMMUNITY HUMAN SERVICES. Annual Human Services Report.
(Commissioner Haigh, Chair, Human Services/Workforce Solutions
Committee)
Board Action Requested: None. For information and discussion only.
. ADJOURNMENT
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BOARD OF RAMSEY COUNTY COMMISSIONERS
151N.. KELLOGG BLVD., ST. PAUL, MN 55102
651 266-8350
ADMINISTRATIVE AGENDA
November 20, 2001
Council Chambers - Third Floor Court House
KEY:
1.0 - Criminal Justice Committee
2.0 - Facilities Committee
3.0 - Finance, Personnel & Management Committee
4.0 - Health Services Committee
5.0 - Human Services/Workforce Solutions Committee
6.0 - Public Works, Parks & Solid Waste Committee
7.0 - Legislative Committee (of the Whole)
8.0 - Administrative items going directly to the Board for approval
9.0 - Consent items going directly to the Board for approval
10.0 - Budget Committee of the Whole
..............................~.........................................1
8.0 ADMINISTRATIVE ITEMS GOING DIRECTLY TO THE BOARD FOR
APPROVAL
8.1 PARKS AND RECREATION/COMMUNITY CORRECTIONS - Productive
Day Golf Facility.
Board Action Requested:
1) Approve the design development master plan for the Productive
Day Golf Facility, including golf course practice range, clubhouse
and maintenance facility;
2) Authorize the County Manager to include the Productive Day Goif
Facility project, in the amount of $3.5 million, as part of the
County's 2002 Capital Improvement Program, to be funded by
general obligation bonds backed by revenue from the facility;
(Continued)
.
8.1
9.0
9.1
.
Ramsey County Board Administrative Agenda - November 20, 2001 - Page Two
(Continued)
3) Approve use of a loan from the County General Fund Balance to
finance debt service during design, construction and initial years of
operation, with the amount of this loan to be determined when bids
are received on the bonds and incorporated into the final bond sale
resolution to be approved by the County Board; and
4) Authorize proceeding with Phase II contract services with Gill Miller,
Inc. for construction documents, construction procurements and
construction administration services.
CONSENT ITEMS GOING DIRECTLY TO THE BOARD FOR
APPROVAL
COUNTY MANAGER/BUDGETING & ACCOUNTING - Monthlv report of
contracts and final payments and qrant submissions that were approved
durinq the month of October 2001.
Board Action Requested: Accept monthly report of contracts and final
payments and grant submissions that were approved during October
2001.
OUTSIDE BOARD AND COMMITTEE REPORTS
ADJOURNMENT
Immediately following Policy Meeting:
. Administrative Meeting - Council Chambers
. Health Services Committee - Council Chambers
. Regional Railroad Authority Work Session - Room 220 Large Conference
Room
1 :30 p.m.
. Human Services/Workforce Solutions Committee - Council Chambers
. Board Workshop - Homelessness and Shelter - Room 220 Large
Conference Room
.......................~fifi........................................I~.....j
November 27,2001
December 4, 2001
December 11, 2001 -
December 18, 2001 -
Board Retreat - No regular Board Meetings
AMC Annual Conference - No Board Meetings
9:00 a.m. Policy Board Meeting - Council Chambers
9:00 a.m. Policy Board Meeting - Council Chambers
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'''''<.-
.From;
Sent:
To:
Subject:
Parrish. Aaron
Friday, November 16, 2001 3:56 PM
Stowell. Sheila
Ordinances
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Stowell, Sheila
Sheila.
This was the best I could find on ordinances. It doesn't seem to reference any requirement for a public hearing
"Subd. 4, Ordinances. Every ordinance shall be enacted by a majority vote of all the members of the council
except where a larger number is required by law_ It shall be signed by the mayor, attested by the clerk and
published once in the official newspaper. In the case of lengthy ordinances, or ordinances which include charts
or maps, if the city council determines that publication of the title and a summary of an ordinance would clearly
inform the public of the intent and effect of the ordinance, the council may by a four-fifths vote of its members
direct that only the title of the ordinance and a summary be published, conforming to section 33IA,0l,
subdivision 10, with notice that a printed copy of the ordinance is available for inspection by any person during
regular office hours at the office of the city clerk and any other location which the council designates, A copy of
the entire text of the ordinance shall be posted in the community library, if there is one. or if not, in any other
public location which the council designates. Prior 10 the publication of the title and summary the council shall
approve the text of the summary and determine that it clearly informs the public of the intent and effect of the
ordinance, The publishing of the title and summary shall be deemed to fulfill all legal publication requirements
as completely as if the entire ordinance had been published. The text of the summary shall be published in a
body type no smaller than brevier or eight-point type_ Proof of the publication shall be attached to and filed
. with the ordinance.
Every ordinance shall be recorded in the ordinance book within 20 days after publication of the ordinance or
its title and summary All ordinances shall be suitably entitled and shall be substantially in the style. "The City
Council of.""....... __ _ ordains -' ".
Aaron Parrish, City Planner
City of Arden Hills
Phone: 651-634-5125 Fax: 651-634-5137
E-mail: aaron.parrish@ci.arden-hills.mn.us
Website: www.ci.arden-hillsmn.us
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Mirmesota Statutes 2001,415.021
Minn""ota Statute, .2DoJ,..Iab)", QfChapters
Tabl",Q[cQJ1tml,for.ChapJ",r..4L5.
415.021 Codification of ordinances.
A statutory or home rule charter city, or town, may revise
and codify and print in book, pamphlet or newspaper form, any
ordinancesl resolutions, and rules of the city or town and may
include therein for reference any applicable general or special
laws. Such codification shall be a sufficient publication of
any ordinance included in it and not previously published in a
newspaper if a substantial quantity of the codification is
printed for general distribution to the public. A copy of any
ordinances adopted by the city or town must be furnished to the
county law library or its designated depository. A city or
town, upon request, shall be reimbursed a reasonable charge by
the county law library for a copy furnished.
HIST: 1957 c 115 s 1; 1969 c 73 s 1; 1984 c 543 s 49; 1990 c
361 s 1; 1995 c 105 s 2
Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.ron.us/stats/415 !021.htrnl
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11/16/2001