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Home My WebLink AboutCCP 01-14-2002 . . . ~ ~~HILLS AGENDA CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING MONDAY, JANUARY 14, 2002 NEW MEETING TIME 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 7:00 P,M, 7:00 P.M. 7:05 P,M, 7:10 P,M, City Philosophy To provide a basic and necessary scope of quality services through the innovative and purposeful use ofresources, L Call to Order 2. Approval of Meeting Agenda 3. Approval of Minutes a. November 26,2001 Regular City Council Meeting b. December 10,2001 Regular City Council Meeting c. December 17, 2001 City Council Worksession d, December 17, 2001 EDA Meeting e, December 17, 2001 Special City Council Meeting f. January 2, 2002 Special City Council Meeting 4. Consent Calendar Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by OTIe motion under a Consent Calendar format. There will be no separate discussion ofthese 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 b, Resolution #02-01, Resolution Designating Depositories and Corporate Authorization c. Resolution #02-02, Resolution Designating Additional Money Market Depositories For Investment Purposes d. Resolution #02-03, Resolution Designating Brokerage Firms For Investment In Financial Instruments Authorized By State Statute Consistent With The City Investment Policy e. Resolution #02-04, Resolution For Transfer Of Funds By Telephonic Instructions ARDEN HILLS CITY COUNCIL AGENDA _ JANUARY 14,2002 7:15P,M. 7:20 P,M. ~ 5, PUblic Comments This is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda, In addressing the Cnuneil, please state your name and address for the record, and a hrief 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 hench copies, to allow a mOre timely presentation. 6. Unfinished and New Bnsiness a, Planning Cases Case #01-16, Shoreland Ordinance b, Resolution #02-05, Resolution of Appreciation to Steve Erickson c, Resolution #02-06, Resolution of Appreciation to Warren Pukulski d, Resolution #02-07, Resolution Approving 621 Foundation Charitable Gambling Bingo Hall Premises Permit Renewal Application 8:00 P.M. 7. Administrator Comments a, Final Payment Arden Manor/Old Highway 10 project b, Ramsey County Public Works Facility 8:15P,M, 8. Council Comments . 8:30 P.M. 9. Adjourn Regular Meeting 8:30 P,M, 10. CLOSED EXECUTIVE SESSION Labor Negotiations Discussion 9:00 P,M. 11. Adjourn Closed Executive Session The above times may vary depending Upon length of issue discussion, . HP Laser Jet 3200 eITY OF ARDEN HILLS 05]6345137 JAN-I4-2002 3.28PM i n v e n t Fax Call Report Job Date Time Type Identification Duration Pages Result 656 1/14/2002 3.14.48PM Send 9,6123701378 0: 00 0 Busy 658 1114/2002 3.17.00PM Send 9,6123701378 1:11 2 OK 662 1114/2002 3.22: 58PM Send 9,7634219511 1.29 2 OK 665 1114/2002 3.27:llPM Send 9,6516286833 110 2 OK . . HP Laser Jet 3200 4111tITY OF ARDEN HILLS 6516345137 JAN-14-2002 3.16PM [Ap)@ i n v e n t Fax Call Report 657 1/14/2002 1.14 Pages 2 Resu It Job Date Time Type Identification Duration 3:15:18PM Send 97637060891 OK 4IIIt 4IIIt HP Laser Jet ~ITY OF ARDEN HILLS 6516345137 JAN-14-2002 3:20PM 3200 M@ r ; ,. ., :,_..,';,, )1 i n v e n t Fax Call Report 2.10 Pages 2 Result Job Date 659 1/14/2002 Time Type 3.18.16PM Send Identification Duration 9,6516333846 OK . . HP Laser Jet 3200 M@ 4IIIlITY OF ARDEN HILLS 6516345137 JAN-14-2002 3.52PM i n v e n t Fax Call Report Job Date Time Type Identification Duration L15 Pages 2 Result 669 1/14/2002 350.58PM Send 96512282191 OK . . HP Laser Jet 3200 M@ j n v e n t ATy DF ARDEN HILLS ~16345137 JAN-14-2002 3.25PM Fax Call Report Job Date Time Type Identification Duration 660 1/14/2002 663 1/14/2002 3: 20' 5!1PM Send 3:24.32PM Send 9,6512279371 9,6514821262 0:48 0:49 Pages 2 2 Resu It OK OK . . HP Laser Jet 3200 ~~@ .ITY OF ARDEN HILLS b516345137 JAN-14-2002 3:34PM i n v e n t Fax Call Report Job Date 661 11 14/2002 664 1/14/2002 668 1/14/2002 Time Type 3.2L47PM Send 3:25.51PM Send 3:33A7PM Send Identification Duration L05 L14 0.55 Pages 2 2 o Result 9.6512669301 9,6516461220 11 OK OK Comm Error 388 . . . e e e ~ ~HILLS MEETING MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 26,2001,7:30 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem, Absent: None, Also present were City Administrator, Joe Lynch; City Attorney, Jerry Filla; and Recording Secretary, Nancy Czajkowski, APPROVAL OF MEETING AGENDA Mayor Probst noted the revised agenda with the removal of the last two items under new business, MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to adopt the agenda for the November 26,2001, regular City Council meeting, as revised, The motion carried unanimously (5-0), APPROVAL OF MINUTES A. October 29, 2001 Regular Council Meeting Councilmember Grant requested the following changes to the October 29.2001 Regular Council Minutes: 1. On page 6, in the last paragraph, in the first sentence, replace "20" with "30" and insert "round" after "four", ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26, 2001 2 2, On page 9, in the second paragraph, in the first sentence, after "Bethel College", insert "as an issuell, e 3, On page 9, in the second paragraph, in the second sentence, replace "what" with "the type of development" and insert "to see" before "on the site". Councilmember Rem requested the following changes on page 10fthe October 29,2001 Regular Council Meeting: under Approval of Meeting Agenda, replace "removed" with "moved to the discussion under Unfinished and New Business" in both sentences. Mayor Probst requested the following change to the October 29, 2001 Regular Council meeting minutes: on page 12, in the "build the argument" not "make the argument", Councilmember Aplikowski moved and Councilmember Rem seconded a motion to approve the October 29,2001 Regular Council Meeting minutes as corrected above, The motion carried unanimously (5-0). MOTION: CONSENT CALENDAR A. B. C. D, E, Claims and Payroll Final Payment, Contract Retainage, 200lNorth and South Water Tower Maintenance Proj ect Trinity Lutheran Church Joint Use Agreement City Hall Maintenance Contract Approval 2002 Official Meeting Calendar, Approval of City Council and Planning Commission Meeting Dates Joint Powers Agreement, City of Roseville (Teclmology Services) Springbrook Financial Software Purchase . F. G, MOTION: Councilmember Larson moved and Councilmember Grant 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, . e e . ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26,2001 3 UNFINISHED AND NEW BUSINESS A. Planning Cases 1. Case #01-22, Beacon Construction, County Road E-2 and Cleveland; Rezoning, Comprehensive Plan Amendment, Master and Final Planned Unit Development Mr. Parish explained the location ofthe proposed apartment building. He reviewed the history ofthe case, He stated the applicant had facilitated a site visit. He noted that in addition the applicant had provided a traffic review comparing an apartment development to an office development that might occur under Neighborhood Business zoning, He added this review listed 186 trips per day for the apartment use and 294 trips per day for the office use. Mr. Parish reviewed three alternative site plans, He noted alternative two moved the building to the east and the access to the north, He added this alternative contemplated a 20-foot rear yard setback. He stated the Ramsey County Traffic Engineer had requested that the access be located as far south on property as possible. He noted he had not done a comprehensive review of the three alternatives. Mr. Parrish noted alternative three moved the building to the north and west the access to the north, He added the final option had the most significant potential changes, He stated it moved the building closer to Cleveland Avenue to the west. He noted it called for a reduced setback of 20 feet when the typical requirement was 40 feet. He added if this was a neighborhood business project, that orientation would meet the code requirement for setbacks. He stated this alternative put all of the parking to the rear of the building to screen it from Cleveland Avenue, He noted the first issue was whether the Council wanted the Comprehensive Plan designation changed, He added to the extent that policy decision is made, further evaluation of master unit development can be considered, Councilmember Larson stated the Council has to make a decision based on the proposed zoning being superior to what the property is currently zoned for. Mr. Parrish concurred, He reviewed the criteria for warranting a zoning change. Mayor Probst stated he was not prepared to support the base proposal as submitted. He noted that fundamentally he thought the site required a building designed for this site, He added the proposed options moved the project in a way to be more favorable, but he did not want to negotiate a design from the bench, He stated if the Council was interested in pursuing an apartment use, he would recommend remanded the case, He noted staff could work with the applicant to resolve some of the issues, He added the revised plan would go to the Planning Commission and then back to the Council. He stated it would mean a considerable delay, He noted that if it were not appropriate to change the Comprehensive Plan designation, then the rezoning would be unnecessary, ARDEN HILLS CITY COUNCIL MEETJNG MINUTES NOVEMBER 26, 2001 4 . Councilmember Rem stated she was leaning towards a use to minimize the impact the project had on the site, She noted she was not comfortable with putting in the additional parking, She added it would result in a dormitory situation, She stated she was not convinced the city needed to change the zoning on the site. She noted the Council pursued Neighborhood Business as the zoning in order to have a use that fit in more with the neighborhood's pedestrian character. She added she would not be interested in pursuing this case unless there was compelling evidence presented. Councilmember Larson stated he was also opposed to development for two reasons, He noted he did not feel the applicant made a convincing case that the proposed zoning is superior to the current zoning, He added this did not meet the fundamental standard, He stated the city has a master plan for Bethel College, He noted this was the first time the city saw movement from the college off its campus. He added before this should happen, the Council needed to give a great deal of thought on how Bethel College and the community would interact. He stated the dormitory nature ofthis building required more parking than was normal for an apartment. He noted the larger parking lot resulted in more surface runoff and more engineering problems in fitting the building to that piece of land. Councilmember Grant stated he would like to see the parcel developed, He noted he was not convinced R-3 was a superior zoning for the parcel. He added he would entertain the suggestion that the case could be presented to the Council. He stated he was concerned about the parking and the size of building. He noted he was not opposed to its development as an R-3 style building. He added he was not enamored with any plans, but believe it could be ironed out with further discussion with staff. . Councilmember Rem stated in clarification that the proposed zoning was R-4, Mr. Mark Christian stated he wanted to respond to the reference that Bethel College's standing was beyond the master plan, He noted the permit states Bethel College is prohibited from non-residential growth beyond its boundaries. He added this is not a Bethel College project. He stated a business would have more parking required than for a residential use, He noted this property has been paying a small amount of taxes for many years and no use has been found for it, He added this use is good for this property, He stated that on the table is a "get out of jail free card" for the city's encroachment on this property, He noted he is trying to work with the city to provide an easy solution for everyone to a problem. He added from the standpoint of an economic impact. He does not see a better use. He stated this use would have less traffic than a business use, He noted they thought they were being creative. Councilmember Larson stated he thought the master plan ofthe college does not preclude this kind of development. He noted he was not suggesting there was a legal impairment. . . . . ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26,2001 5 He added that when Bethel College development starts taking place beyond its boundaries he thinks there should be some discussion about this issue, Mr. Christian stated they are willing to put an II-year time limit on it. He noted that was their intent. He added it is not a Bethel College development. He stated it was his development and Bethel College is the tenant. Councilmember Larson stated he could not separate the two, Mr. Christian stated the Bethel College use of the building is relatively short part ofthe life ofthe huilding, Councilmember Aplikowski stated the issue is whether they want to change the zoning, She asked that if one of the other institutions came forward and said it wanted to put housing on that comer, would the Council's response be different. She questioned whether they wanted an apartment building on that comer or wanted to save it for a business use, Councilmember Rem stated since it is a neighborhood business zone, it would be a smaller business, She noted the zoning has not been in place long enough to see if it was appropriate, She added she would prefer to see it kept neighborhood business for a longer time to see what might go in at the site, Councilmember Aplikowski stated she liked the proposal. She noted an apartment building was a better choice for the comer then a small business, Mr. Christian stated their original proposal was to do an office building. He noted since that time office demand has fallen off rapidly. He added this was an opportunity for all of the parties to have something that does work. Councilmember Grant stated he was willing to entertain the idea to change it to multi- family use. He noted was not sure about these particular plans, but he would want to see something that fits the site aesthetically, He added he does have some issues with the traffic flow and parking, Mr. Raymond Fitz, 1676 Chatum Avenue, stated he was a retired general contractor. He noted he had seen this comer remain for sale for 22 years. He added it was a sore spot in the City of Arden Hills for looks and tax purposes, He stated he does not see a business going in there without a double access. He noted he would oppose that. He added he does not feel there would be a traffic problem, He stated the building is tight but fits in on the site. He noted this housing would be available to seniors in the summer time, He added many people look for a summer place, because they go south for the winter. He stated it was a good choice. He noted they should get that comer developed, ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26, 2001 6 Ms, Jan Bergman, 3790 Brighton Way, stated she had spoken to Mr, Dan Sollier the traffic engineer. She noted she had asked him to review accidents on five sites in this area, She added there were 30 accidents in the last four years, She stated there were 25 accidents at E2 on the on and off ramps for 35 W, She noted Mr. Sollier thought that was significant. She added Mr. Sollier stated he would be sending a letter to the state Department of Public Safety recommending lights at the on and offramps, . Mr. Bob Carlson, 1482 Visard Court, asked about the encroachment that the developer alluded to, Mayor Probst responded that some years ago a new lift station was built along Cleveland Avenue, He stated some property owners wanted to have a lift station built. He noted some paperwork needed to be done to grant an easement and that paperwork does not exist. Mr. Carlson stated Bethel College has an II-year lease. He noted it would behoove the council to see that lease to make sure Bethel College does not have an option to buy the building at the end of that lease, He added the Federal Highway Department has to improve that area by either taking more property or relocating that bridge, He stated the apartment house would be very close to the access ramp, He noted it was just a matter of time before they had another problem there, Mr. Dave Carlson, 3535 Seems Court, stated he sat on the Planning Commission for lOA years. He noted Bethel College was not in the housing industry. Mr, Carlson added the _ developer said he was separating himself from Bethel College, He stated he saw no difference, He noted Bethel College has a huge campus and has room on that campus to build, He added they should look at what is happening with St. Thomas. He stated there is a limit as to how big Bethel College can be, He noted Bethel College needs to face facts that it can only be so big. He added Bethel College cannot be all things to all people, He stated he would like to address the athletic field at the north athletic field, He noted it was an accident waiting to happen. He added it was a mess during construction, He stated there was no place to walk and someone is gong to get hurt, He asked who was going to have to pay for lights and a crosswalk. He stated it would not be Bethel College, Ms, Karen Johnson, 2803 New Brighton Road, stated Bethel College has been a real asset to the community, She noted they did not want to see houses built in Champlin, She added now that was a beautiful area, She stated it was a nice spot for people that want to live in the country. She noted when the lift station was proposed, all they heard was that it would bring up the value oftheir property, She added they were assessed on their taxes for five years, She stated that at that time they were approached about putting in a service station, She asked if the Council really wanted prospective contamination, She stated they did not want an efficiency station, She noted they like all the open area, but something is going to go in there, She added this is the best thing she has seen proposed, Mr. Filla stated that technically the city should address these issues separately. He noted . the Council should first deal with the Comprehensive Plan Amendment. He added that if - . . ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26,2001 7 the Council does not amend the Comprehensive Plan, it would be a reason to deny the rezoning, He stated that if the city does not pass the first two, there is no reason to consider the PUD, He recommended keeping the record straight and discussing the issues one at a time, Mr. Filla explained the city has legislative discretion to adopt a Comprehensive Plan, He stated all the Council would need to say that in the last two or three years nothing significantly has occurred in this neighborhood to cause the Council to change the Comprehensive Plan, He noted the Council does not have to worry about any standard leading to rezoning. He added it was not necessary for anyone to prove that the rezoning would be better than what is there at present time. He stated that would become a non- issue. He noted state law requires a resolution to approve or deny this type of action, He added the motion should be to adopt a resolution as outlined in this case by the City Attorney. Councilmember Rem stated her main concern is that this use is too intensive for the site, Councilmember Aplikowski stated amending the Comprehensive Plan does not hinge on this apartment building, She noted ifthe Council rejects this amendment, it would be difficult to approve an apartment four months down the road on this site, She added the main issue is whether they want to change the Comprehensive Plan or not. Mayor Probst stated he begged to differ with Councilmember Aplikowski's evaluation, He noted a vote to not amend the Comprehensive Plan was not a vote against housing at this location forever. He added that if there is a project that is so meritorious that it caused the Council to rethink neighborhood business zoning, that would be one different. He stated what is before them now does not meet that standard, He noted he was not opposed to housing, He added the other proposals did not fit the site. He stated it was going to require some sensitivity to make sure housing would fit into this site, Councilmember Larson asked if the first needed a motion to deny the request to amend the Comprehensive Plan. Mr. Filla responded that it was important to have the language ofthe resolution included in the minutes, He stated the motion could be: Motion to adopt a resolution to deny a request for a change to the comprehensive plan designation for this site from neighborhood business to high density residential, which incorporates the following: Whereas, Beacon Construction has represented that it is the owner or has the right to purchase the following described property generally located in the southeast quadrant of count road e2 and Cleveland Avenue (Insert legal description "the Beacon Property"), ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26, 20tH 8 Whereas, the Arden Hills Comprehensive Plan Future Land Use Map currently designates the Beacon Property as neighborhood business . Whereas, the Arden Hills Comprehensive Plan and the designation on the Future Land Use Map was adopted in 1998, Whereas, Beacon Construction has requested that the City amend its Comprehensive Plan Land Use Map for the Beacon Property to high density residential, Whereas, the City Council has determined that no substantial changes have occurred within this section of the City of Arden Hills since the Arden Hills Comprehensive Plan was amended in 1998 and the Council reaffirms its legislative determinations from 1998 Whereas, the City Council has determined that Beacon Construction has a reasonable use of its property if developed in compliance with the City's current development regulations. Now, Therefore be it resolved, that the application of Beacon Construction to amend the Arden Hills Comprehensive Plan by changing the future land use designation for the Beacon Property from neighborhood business to high density e residential is denied. Councilmember Grant asked Mr. Parrish to review the possible uses for this property, Mr. Parrish responded the primary uses would be retail, banks, housing provision as long as done in conjunction with retail. He stated it is more of a commercial designation, He noted the setback requirements are less. He added there are provisions for buffering. Councilmember Grant asked if a video store would qualify, Mr. Parrish responded in the affirmative, He read the permitted uses. MOTION: Councilmember Larson moved and Councilmember Rem seconded a motion to adopt a resolution incorporating the elements read by the City Attorney. The motion carried (3-2 Aplikowski and Grant), Mr, Filla stated there is still an application for rezoning and PUD approval. He noted the Council should take action on those as well. He added one legal reason for denial of a rezoning is the zoning requested is not consistent with the Comprehensive Plan. . ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26, 2001 9 e MOTION: Councilmember Larson moved and Councilmember Rem seconded a motion to deny request for rezoning since it is not consistent with the City's Comprehensive Plan and to deny the Master Plan PUD and Final Plan PUD/Site Plan requests since they are inconsistent with the current zoning. The motion carried unanimously (5-0), 2. Case #01-27, Tom and Kathy Goserud/Roger Aiken, 4320 and 4360 Hamline Avenue, Preliminary Plat and Variance . Mr, Parrish explained the request before the Council was for a preliminary plat and a variance to facilitate platting seven lots from two existing lots, He stated the two existing lots would be retained with existing single-family residences, He noted the remainder lots would be available for singe-family residential development. He added the first variance that is being requested is to allow for the use of a private access, He stated the second variance for lots 2 through 6 is for lot depth variances, He noted they range in type that is being requested. He added there have been past applications on these properties, He stated most recently there was a plan for a POD for 12 detached townhomes, He noted umesolved issues caused the application to be withdrawn, He added that with the platting in the surrounding area on the south of Mr, Goserude's property with Carthlake Second Addition and Carthlake South there were also consideration given to these properties in terms of access or potential access, He reviewed the performance criteria contained in the staff report. He stated there are some lot depth variances that are being requested, He noted access is the fundamental issue. He added the subdivision ordinance requires a public dedicated street. He stated the fire inspector indicated 20 feet of bituminous would be the minimum requirement for fire access. He noted the City Engineer indicated that this type of development would be more appropriately served by a public road. He added that as a result the Planning Commission did recommend denial with regard to private access, He stated there was a finding of no hardship on this property. He noted the existing single family use of the property continues to be a reasonable use of the property, He reviewed the criteria for a variance. . Mr. Parrish stated there were some previous applications by the applicant. He noted that there are applications that the applicant did not maintain access on the southern part of the property adjacent to Carthlake South Second Addition and Carthlake South, He added the allegation is that the property at one time extended back to Cummings Park and part was sold offto facilitate the developments. He stated materials supplied by the applicant do reference city actions that provide a basis for hardship requirements, He noted it referenced similar shared access drives in Arden Hills. He added most of them listed are all lake lots, He stated the development that occurred around lakes did not meet city standards and predated incorporation or the current zoning code, He noted most of these are private accesses that serve at most one additional lot. He added some are flag lots, He stated Amble Road was approved in 1996. He noted Amble Road is not at the same level as what is proposed, ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26, 2001 10 He added Amble Road was 200 feet and the proposed road is 500 feet. He stated some of the lots on Amble Raod had direct access and here the lots do not. . Mr. Tom Goserud, 4350 Hamline Avenue, stated the Council has a letter submitted with the application. He noted they became residents of Arden Hills in 1970, He added he did sell some land as part of the Carthlake South development. He stated there was an agreement that his remaining property would be provided access, He noted the final approval by the city did not approve that access. He added street access was discussed for the second time during development of the Carthlake Second Addition. He stated an access was not approved at that time either. He noted these denials put him in the situation where he is in today, He added they have two large parcels over three acres that the city allowed to be landlocked, He stated that each of the lots if 4 to 5 times larger than the surrounding lots. He noted the only access that could be given to the lots now was through a private driveway. He added whatever development that evolves must access through Hamline Avenue. He stated he does not think any traffic generated would be more than their business during the busy seasons, He noted the most recent example of a private drive being approved is the Amble case approved in 1996, He added there was no discussion of hardship at the Planning Commission meeting, He stated the discussion centered on the private drive that did not meet city code, He noted Amble case city staff had dictated special circumstances existed: 1, There was room for a public street, but it would have made existing homes nonconforming structures. Other variances would be necessary, . 2. There was a substantial property right to redevelop lots of substantial size, This is also true in this case, 3, It would provide for public welfare and an adequate turnaround for emergency vehicles. Mr. Goserud stated that to him the two plats are almost identical. He noted Mr. Parrish indicated the Amble driveway is shorter. He added Amble Road accesses four homes and his drive accesses five homes, He stated the Amble case's recommendation explains a hardship and his case states there is no hardship. He noted the preliminary plat before the city is just that. He added that a lot oftime went into it, but they are willing to listen to suggestions, He stated he knows they have to work with Rice Creek Watershed and do engineering work on the site. He thanked the Council for its review. Mr. Roger Aiken, 4350 and 4360 Hamline Avenue, stated the PUD never rose to the level of the Planning Commission, He noted there was an error when they set up the lot lines, He added he was not aware the road detracted from the property, He stated . he could correct that. He noted their purpose to maximize the number of trees that ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26,2001 11 e would remain on the property, He added he would work to retain the natural grading on the lots, He stated there is more than adequate slope for any kind of utilities. He noted the land offers many opportunities for walk-out designs, He added he had hoped to use a cul-de-sac design to maximize the trees, He stated the wetland area is shared with another lot platted in 1989, He noted that at that time the Planning Commission established as condition on the deed, an ordinary high water level. He added they created a small building area and a swaile that empties into another wetland. He stated that although it landlocked this area, it did provide for future drainage. He noted a Commissioner had commented that access would be to the west. He added he was at those meetings and commented that they would be landlocked. He stated a Rice Creek Watershed permit would be required. He noted his knowledge ofthose rules indicates the Watershed would be interested in making sure the total surface area of the plat did not exceed one acre, He added any substantial drainage going into a wetland the Watershed liked see done to a 10 to one land ratio. He stated the topography is such that drainage to the wetland is only for a small area, He noted the rest of the property drains to the swaile, He added the access to Hamlin Avenue was brought up by the Planning Commission. He stated the County required a 25- foot curb cut. He noted that is also the width here on Amble Road. He added he was open to suggestions on how to improve this plan, He stated the engineer could not see why the road was to long if it worked. He noted they have a turnaround, He added the road itself would be changed a little to protect some trees, He stated a shorter road would make the driveways longer. He noted he would rather have an association to make sure that the road was maintained primarily. He added the City Engineer felt an l8-foot road built to specifications would not present any liability if city takes the road over. e e Ms. Rhonda Mermell, 1284 Amble Road, stated she had safety concerns about the development. She noted her main concern about Hamlin Avenue, She noted it was an extremely busy road. She added there were three roads in only 600 feet. She stated there was a ton of backup in traffic if cars were turning in and people were trying to turn there. She noted there was no sidewalk along Hamline Avenue, She added there would be no walking access to the park. She stated she sees that as extremely dangerous. She noted it would only add to the traffic, which is dangerous there, She added it would be a road access to five houses, She stated there would be no traffic except for 4 or 5 houses at the end, She noted the Fire Marshal determined it inappropriate for emergency vehicles, She added it would also be inappropriate for School buses and garbage trucks, She stated there is a reason the city has a standard for roads and lots, She noted the city had excellent planning. She added it was very appropriate to hold to standards and appropriate street widths, She stated that if the city approved this, it must approve other ones. She noted there must be a standard. She added the elevations were a problem, She noted Windcrest Court is higher than their homes, She stated they have flooding in their yard, She noted their sump pump runs a lot. She added the soil is clay so there is no place for water to seep in. She stated she sees the development as being very detrimental to them, She noted it ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26,2001 12 would lower the property values, She added she did not see this as a hardship. She stated Roger was offered a road coming in on Amble Road, She noted he chose for his land to be landlocked, She added he made the choice, She stated it was a fine piece of property for a single dwelling, e Ms,Anna Marabella, 1274 Amble Road, stated she had many problems with water coming down the hill. She noted her basement gets flooded and her front yard gets flooded because it is across from the marsh, She added the neighbor two houses over indicated her building never flooded until the development was built. She stated she was very concerned it would make a bad situation worse, She noted the water would come up from the floor itself. Mr. Keith Mermell, 1284 Amble Road, displayed pictures of standing water on the property, He noted the culvert in front of his property. He stated the pond does not accommodate the amount of water there already. He added he assumed the Council had all seen the petition that had been signed, He stated they were surprised that Roger, a Sierra Club member, would generate this plan. He noted that as for a hardship, the existing land pays less taxes than he does per square foot. He added the dangers of the access on Hamlin Avenue had been mentioned. He stated there are concerns with the roads being misaligned. He noted he was a landscape architect and was familiar with this type of thing, He added there is potential here to avoid this . type of situation from happening, He stated there is a potential for greenspace, He noted the neighbors would like to work with the owners and the city to do something other than developing this land, Mr. Paul Trivecki stated he lived in the area marked wetland, He noted he was the last to develop that property in the neighborhood, He added he liked the open space aspect of this property. He stated that if another property was put back in there it would detract from the value of his property, He noted something built back there would be expensive to do and would raise his property taxes, He added that at the end of Amble Road, it is a dead end. He stated he did not think that same size of road could go onto those properties to accommodate them, He noted the two homeowners have enjoyed the property for a number of years, He added the hardship would be on the neighbors that would be left there, He stated these owners plan on moving. Mr. Jim Wallet, 1285 Windcrest Court, stated the City Engineer's report should be seriously considered, He noted the City Engineer felt the road should be designated as a public road. He added the applicants had stated the development was consistent with the neighborhood, He stated that if that were true there would be room for a public road, He noted Mr, Goserud stated he did not have the opportunity to purchase access to Windcrest Court, He added he knew of a neighbor that would dispute that. He stated that if a hardship was an issue, he thought it should be investigated, He noted two of the homes were existing homes on Amble Road, He added that only two . of the homes were a new development. He stated that in terms of hardship, both of . . . ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26, 2001 13 the applicants have had an opportunity to develop their sites with access to Amble Road or Windcrest Court in the past. Ms, Diane Gibson,1297 Windcrest Court, stated she had nothing to add, She noted she shared all the concerns about safety and flooding, She added it was her understanding that both residents had options to have an access. Ms, Mirabella stated Hamline Avenue has really become a war zone to try to get off onto. She noted none of the streets line up so there is no logical place to put in a stop light. She added the cars rev up for the ramp so the speeding there is atrocious, She stated it is way below the standard for a county road, Councilmember Larson stated he certainly could not support the concept plan as proposed given the City Engineer's comments and the comments from the Fire Department. He noted that at the same time, this area is landlocked. He added that it was part of the city that could be developed although perhaps not to the intensity shown here, He stated this configuration is the wrong one. He noted he was not sure there is a right one, He noted the applicants should be given the opportunity to review it again. He added if the applicants wish to go forward, it would be worthwhile to look at it. He stated he lived next to an empty lot for five years and he loved it. He noted the lot was eventually developed and it was sad, He added it was the owner's right to develop that property. He stated it was not totally fair to the current property owners to say they would not develop the land because the neighbors like the open space there, Councilmember Aplikowski stated landowners do have certain rights. She noted she could not support this level of development. She added she was supportive of a modified plan with a cul-de-sac at the end. She stated she did not think it was a reasonable response to say the owners had a chance for an access 20 years ago and that was their only chance, She notes she could understand concerns about the loss of open space, She added her neighbor built a fence that destroyed her view, She stated she would like to say go back to the drawing board, She noted she was not against doing something, but this is too much. Councilmember Grant stated he lived in an area with a meadow in the back. He noted he could relate to some ofthe comments, but Councilmember Larson expressed it well, He added this is a large parcel. He stated if they dropped the density they could shorten the road and might reduce the costs, He noted he was not prepared to move on this concept plan, He added he would be open to some type ofrevision, He stated he shared Councilmember Aplikowski's concerns about the road, Mayor Probst stated he served on the Planning Commission prior to being on the Council. He noted it was his recollection that there were options for access. He added that for reasons not recalled the owners chose not to pursue them, He stated ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26, 2001 14 that in hindsight, the city should have taken action here and did a paper street for access to these points, He noted there has been a fairly steadfast attempt to avoid flag lots, He added they have attempted to avoid private streets, He stated that in the instances private streets have been approved they have been for one or two properties only, He noted he had significant concerns about the five lots, their utilities, and the service of emergency vehicles, He added this neighborhood does have water problems, He stated the City has had to make a number of corrections, He noted that too much is trying to happen here. He added he would not support creating this number of properties on a private street. He stated that in addition to street corrections, there would also be two driveways. He noted those driveways would need to come off the street and enforce the idea that it needs to be public, Councilmember Rem stated her biggest concern was that as presented the maximum number oflots, She noted there is going to have to be a real street there, She added she really had misgivings about the street going onto Hamline Avenue. Councilmember Aplikowski stated there are already traffic problems there, She noted adding five homes would not increase the traffic significantly, She added the traffic was not a big issue here, but the size of the road was an issue, Councilmember Grant asked when the applicants could come back with a revised plan, He questioned whether it would be better to table the matter and let them come back, Mr. Parish stated the zoning ordinance indicates that the applicant can come back in six months, He noted he would suggest a new application. Mayor Probst stated ifthe plan changed substantially the applicants could come in tomorrow with new fee. He asked about the applicant withdrawing the application, Mr. Parrish responded if they withdrew the application, anything new would be a new application. Councilmember Aplikowski asked the applicants why they wanted to do this, Mr. Goserud responded it is a large piece of property to maintain, He stated they were looking for a smaller property in the future for retirement. He noted they would be selling the property. He added they feel it is a parcel that can be divided. Councilmember Aplikowski asked if the applicant's desire was strong enough to come back with another plan, Mr, Goserud responded in the affirmative, Mayor Probst stated his strong desire was to see a modified proposal go back through the planning process and not straight to the Council. . . . , e . . ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26, 2001 15 Councilmember Larson stated he would agree with the Mayor. He noted he thinks it would be the best way to proceed, He added that he hoped that in the process the developer would try to work with the neighbors, MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion to deny request for approval of the plat and request for variances in Planning Case #01-27 for reasons contained in the staff report of November 20, 2001, as recommended by Staff. The motion carried unanimously (5-0). 3. Case #01-23, City of Arden Hills, Sign Ordinance Mr. Parrish explained this is the second reading and consideration of fmal adoption of the Sign Ordinance, He stated it has elements discussed at the previous work session. He noted there was a limitation on the exemption for religious symbols. He added there were also elements for the maintenance and repair of signs. Councilmember Larson asked for clarification under Section four in the paragraph that relates to religious symbols, Mr. Parrish responded the Council could omit the "public building" language. Councilmember Larson stated the mention of both t)1Jes of buildings makes sense, He suggested the language "religious or other symbols", Mr. Filla requested further clarification on the reason for the changes, Mr. Parrish responded there has been some changes in the last couple of years in the regulation of churches, He stated that in the past there had been a blanket exception for religious symbols. He noted this section places two restrictions on the exception. Councilmember Aplikowski asked ifthis meant no crosses on churches, Mr. Parrish responded no cross could extend beyond the building, Councilmember Aplikowski stated this was un-American. She stated she never intended to affect church steeples, Councilmember Larson stated the original concern was based on lighting on a building. He noted the language was to say the city did not want to regulate religious symbols unless they were nuisances. He added limits were to be set, for the most part, it was not to regulate them. Mr, Parrish stated if a church or other institution was proposing something that deviated from the ordinance, they could go though the process for a variance, Councilmember Aplikowski stated the purpose of the task force was not to eliminate crosses or steeples, but to regulate logos on the sides of buildings, ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26, 2001 16 , . Councilmember Grant stated he was not opposed to the illumination of a cross on a church, Mayor Probst stated he was comfortable leaving the language "as is" and moving forward, Mr, Filla stated there is federal law to preclude a city from discriminating against religious symbols, He noted he was confused by the need to distinguish between institutional or public buildings, He added if the city intended "institutional buildings" to mean churches, the language sbouldjust be "church buildings". Mayor Probst asked ifthe change should read "religious symbols attached to church buildings", Mr. Parrish stated that "institutional" was added to address Bethel College, Mayor Probst asked why not refer to symbols attached to buildings, Councilmember Larson stated he was comfortable with deleting "public", Councilmember Grant asked if a church desired to put a cross above the church would . it have to meet the sign ordinance. Mayor Probst responded yes, He stated it would not be exempted automatically, Councilmember Aplikowski stated that other residents have been bothered by lights and the Council did not have to address the issue. He noted the complaints were about ground signs and signs on the side of the building, MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to extend the meeting time to 10:30 p.m, The motion carried unanimously (5-0), Mayor Probst stated the language is important to be here. He noted that without it the ordinance would exempt all religious symbols without going through some process, MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to approve in Case #01-23, the second reading and adoption of Ordinance #333 adopting sign regulations for the City of Arden Hills, subject to deletion of "and public" in section 4, C, and to approve the Ordinance Summary for Ordinance #333 as recommended by Staff. The motion carried unanimously (5-0), B. City Hall Construction Project 1. Pay Request #13, Architectural Alliance . e e . ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26,2001 17 Mr. Lynch explained Pay Request #13, He noted Pay Request #] 4 is pending further investigation by staff. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve Pay Request #13 in the amount of$149,3l0,63 for Architectural Alliance, The motion carried unanimously (5-0), ADMINISTRATOR COMMENTS None, COUNCIL COMMENTS Councilmember Grant stated the Operation and Finance Committee should meet on December 20, 2001, He noted Ramsey County had approved bonding for its jail and maintenance facility, Councilmember Rem stated the Communications Committee is working on the final draft of the newsletter. She noted the Citizens Restoration Advisory Board for the Arsenal property would be meeting at City Hall on December 13, 2001. Councilmember Larson stated the Parks, Recreation and Trails Committee would meet tomorrow evening, He noted they would continue working on the Comprehensive Park Plan, He thanked the Public Works Department for the stripping on Old Snelling Avenue, Councilmember Aplikowski stated the Governor has on his desk a resolution regarding smart growth, She noted it would affect how the cities view redevelopment. She added she would request staff get a copy of it. She stated it might not affect Arden Hills entirely, but would affect the undeveloped portion of the city. Councilmember Aplikowski requested storage for several boxes of the Events Committee's paraphernalia, She stated the Committee was returning many original photographs loaned to the city for the Anniversary Celebration, She noted she had hoped to use them with the City Hall open house, She added the Events Committee had inquired about possible dates for the open house, She stated the Townhall meeting in March might be a good time to do schedule it. Mayor Probst stated he had thought there would be a presentation at the last worksession by a potential developer for the TCAAP site, He noted the developer is still interested in making a presentation. He added they might be prepared to make a presentation at the December worksession, ARDEN HILLS CITY COUNCIL MEETING MINUTES NOVEMBER 26,2001 18 ADJOURN MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to adjourn the meeting at 10:08 p,m, The motion carried unanimously (5-0), Dennis Probst Mayor Joe Lynch City Administrator e - e , . e ~ ~HILLS ~ MEETING MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MONDAY, DECEMBER 10, 2001, 6:30 P,M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 RECONVENE/CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30p,m, Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem. Absent: None, tit Also present were City Administrator, Joe Lynch; City Accountant, Terrance Post; City Planner, Aaron Parrish; Interim Public Works Director and Parks & Recreation Director, Thomas Moore; and Recording Secretary, Nancy Czajkowski, APPROVAL OF MEETING AGENDA Mayor Probst noted the Truth-In- Taxation Hearing was held earlier this evening, MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to adopt the agenda for the December 10, 200 I, regular City Council meeting, The motion carried unanimously (5-0), PUBLIC HEARING Mayor Probst opened the public Hearing at 7 :40 p,m, Mr. Lynch explained the Sheila Stolz Memorandum regarding the re-codification ofthe City Code. He stated staff recommends that the city adopt the City Code as written and then make corrections recommended by Councilmember Rem and Mr, Filla, He distributed a simplified surrunary ordinance and ordinance adoption format prepared by the City Attorney, He stated the Fee Resolution refers to specific code violations in the new City Code, He noted the Fee Schedule has the costs for copies, applications fees, etc, e Councilmember Rem questioned the timing of the publication of the notice for the public hearing, Mr. Lynch responded he thought it was published once in November. , ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10,2001 2 ~ Mr. Filla asked ifthere was a prior public hearing, He stated that ifthis was the second hearing of this type then the public hearing notice would have been satisfied, e Mr. Lynch stated there was not a prior public hearing, He noted they held public meetings at which this was discussed, Councilmember Rem stated this might be another reason to wait on this. Mr. Lynch stated they Council could wait until the Meeting on December 17, 2001. Mr. Filla noted his recommendation to take final action on this at the next regular council meeting on December 17,2001, He added they should allow the people here this evening to give testimony. He stated they should further allow Council comments to be taken and incorporated in the version to be discussed at the next Council meeting, He noted the copy of the Ordinance #335 distributed tonight is essentially the same as in Ms. Schultz's memo, He added most of the appendices would have become chapters in the City Code once the Council has had time to address them. Mayor Probst closed the public hearing at 7:48 p.m, as no one wished to appear. MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to table Agenda Item 8 D to the December 17, 2001 special meeting. The motion carried unanimously (5-0). e APPROVAL OF MINUTES A. November 13,2001 Regular Council Meeting B, November 14, 2001 Special Council Meeting C. November 19, 2001 Council Worksession D, November 19, 2001 Closed Executive Session Summary Minutes Counci1member Grant requested the following changes to the November 14, 2001 Special Council Meeting Minutes: delete Councilmember Larson from the list present at Roll Call, Councilmember Grant requested the following change to the November 19, 2001 Council Worksession meeting: on page 3, fifth paragraph from the bottom, delete" he is concerned". Councilmember Rem requested the following changes to the November 13, 2001, Regular Council Meeting Minutes: 1, On page 3, in the fifth paragraph, in the second sentence, insert "not" after "would", 2, On page 7, in the second line, delete "have asked her that" and replace with "have questioned it in Planning Commission meetings", e ~ e . e ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10,2001 3 Councilmember Larson requested the following changes in the November 19, 2001 Council Worksession Minutes: 1. On page 4, in the third paragraph, in the second sentence, insert "design" after "everyone's". 2, On page 5, in the fourth paragraph from the bottom, in the last sentence, insert "other type of" before "commercial development". MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion to approve the November 13,2001 Regular Council Meeting, the November 14, 2001 Special Council Meeting, the November 19,2001 Council Worksession Minutes, as amended, and the November 19, 2001 Closed Executive Session Summary Minutes as presented. The motion carned unanimously (5-0). CONSENT CALENDAR A. B, C. Claims and Payroll 2002 Pay Plan and Proposed City Benefit Reimbursement Regular, Full-Time Employee Status, Office Support Specialists 1. Julie Bateman 2, Jackie Gritz Res, #01-25, Pot O'Gold Bingo Hall, Annual Premises Permit Renewal City of Arden Hills Technology Policy, Approval Annual Election of Non-Waiver for Monetary Limits on Excess Liability Insurance Coverage D. E. F, MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein, The motion carned 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. Presbyterian Homes Bond Sale 1. Authorization for Mayor and City Administrator to execute Final Application Documents ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10,2001 4 ~ 2. Res. #01-23, "Resolution Approving the Issuance and Sale of the $5,006,800 Revenue Notes, Series 2001 (Presbyterian Homes Bloomington Care Center, inc. Project) and Authorizing the Execution of Documents Relating Thereto". . Mr. Lynch explained this is a completion of action item taken earlier in a preliminary form. He stated a description of the documents to be executed, MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to authorize Mayor and City Administrator to execute Final Application Documents, to adopt Resolution #01-23 approving the Issuance and Sale of the $5,006,800 Revenue Notes, Series 2001 (Presbyterian Homes Bloomington Care Center, lnc, Project, and to authorize the execution of Documents Related Thereto as recommended by Staff. The motion carried unanimously (5-0), B. Planninl! Cases 1. Case #01-30. Aaron Nelson, County Road D and Cleveland, Master Plan Planned Unit Development (PUD) Approval; and Final PUD/Site Plan Approval Mr. Parrish eXplained this action is a consolidated master and planned unit development with a . 8900 square foot office building. He stated this went through a concept planned unit development approval previously. He noted this is the first project to be evaluated against the Neighborhood Business Zoning criteria, He added that to the north and to the east there are existing single family residences, He stated that to the south and to the west there are commercial developments located in New Brighton and Roseville. He stated the site is currently vacant. He noted it meets all requirements for lot area, setbacks, etc. He added that it is over landscaped according to the City Code. He stated it does meet the height requirements, He noted 35 spaces of parking are required, He added 35 spaces are being proposed, He stated six of those spaces on the southwest portion of the property would need to be designated as compact only, He noted the parking setback is proposed to be 17 or 18 feet, which is a deviation from the code, He added this is a planned unit development so deviations are permissible without a variance, He stated the traffic engineer for the County had no major comments, except he wanted the access to be 26 feet wide. He noted the access is currently 24 feet wide, He added the applicant agreed to have a 26-foot opening that tapered down to 24 feet. He stated the Neighbor Business District intends to minimize the impact on adjacent residential properties, He noted the applicant has proposed screening in those areas, He described the landscaping. He added the applicant has agreed to provide a 6-foot board on board fence along the northern property line to provide additional screening, He stated the city .. received two letters from residents that expressed some concern about the screening, He noted ., the Neighborhood Business zoning district requires 30 foot buffer yard. He added they meet that . e e . ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10,2001 5 on the eastern portion of the property, He stated they meet approximately half ofthat requirement on the northern boundary. He noted staff suggested decorative lighting, He added the applicant has requested two 30-foot square foot signs, He stated this meets the total square footage requirements, but exceeds the total number of signs permitted, Mr. Parrish noted before construction a revised drainage and utility plan would need to be submitted for approval to the City Engineer to take into account some of the drainage issues, He added the Neighborhood Business District calls for faced brick stone, glass or natural wood product. He stated the applicant has proposed a faced brick or stone for the base material, He noted the applicant has proposed for the main material to be the higher-grade stucco, which is a deviation, He described the sidewalk requirements proposed by the Planning Commission. He stated this is a gateway property to Arden Hills and the applicant has proposed a sign easement for that purpose, He noted the applicant agreed to provide a bike rack, He added the Planning Commission evaluated this plan, He stated there was a unanimous recommendation for approval. Mr. _ Nelson stated he had discussed with a concerned resident some additional screening, He noted they are trying to work this plan into the neighborhood and therefore stepped back the second floor, He added they feel the acrylic finish would be attractive and durable, He stated they feel it would be more residential in style, Councilmember Grant asked about the proposed material since it is not allowed in this type of district. Mr. Nelson responded it is a very high quality and attractive material utilized in Bear Path. He stated it was not a flat finish, Councilmember Grant asked if it was EFIS. Mayor Probst responded it was not EFTS, but a true acrylic finish, Mr. Mark Maguire, 2030 Glenn Paul, noted he had a letter from three residents. He stated his biggest concern is the setback variances for the building and the parking lot. He noted he understood the city has eased these requirements, He added this needed to be addressed. He stated he was concerned about the privacy lost due to building having an upper level. He noted the neighborhood had been there several years. He added he was not opposed to this being developed, but would like a one story building, He stated that too big of a building resulted in traffic issues, He noted there was a lot of water draining in the ditch, He added ifit clogged there could be a serious problem, He stated that has been a problem in the past without the water from this parking lot. He noted they did not want flooded basements, garages and yards, He stated they would like to know the impact on the neighborhood from the pollution. ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10,2001 6 . He noted there was an old gas station on the site and pollution in the ground, He added he would like a good impact study on this to show that the neighborhood would not be impacted, He stated his concern about lights, . Mr. Maguire stated some of the neighbors did not receive a notice. He noted they were concerned there was not enough time to prepare, He added they had solutions they felt would be acceptable, He stated they would like to reduce it to a one-story building, He noted they would like an 8- foot or higher privacy fence, He added the six-foot fence on the property line would in reality be only 4 foot high, He stated the sidewalk would only belO feet from the fence that looked into the property, He noted that if the fence is placed on the retaining wall, they would have an 8 foot fence, He added he would accept a fence 8 or 10 foot hedge on the retaining wall. He stated it would like pine or cedar so one could not see through it in the wintertime, He noted he would like the City to require the snow to be removed off site. He added if the snow is pushed into the ditch, it would be a huge issue. He stated there has already been flooding of the property in the past. He noted he would like to be assured by stipulation that this would not interfere with their drainage, He added he did not want to be responsible to pay for any drainage problem crated by this development. He stated he would like to see a pollution impact study and a light study. He noted he would not like to see any manipulation ofthe site plan, He added he . did not want any open issues or confusion in the end. He stated the neighbors did not have enough notice about this project. He noted that over a year ago, the developer talked to some ofthe neighbors. He added no one has talked to them in the last year, He stated the neighbors are very serious about this and hopefully the city would not take this lightly. He noted they would do wbatever they have to do to stop this project. He thanked the Council for listening, He stated he hoped the developer could come up with something attractive for the City, but more acceptable to the neighborhood, He noted the City should not just throwaway the setback requirements, Mr. Don Ristow, 2033 County Road D, stated he was at the Council meeting a year and a half ago. He noted there were problems so the Council delayed the project, He added Mr, Nelson did call him to tell him about the December 5, 2001 meeting, He stated he could not get a substitute teacher with one-day notice for a class he taught. He noted he has not heard anything for the last year and a half. He added he assumed that the City had dropped the case. Mr, Ristow noted that before he bought his house he asked the property owner about building a Tom Thumb on this site, He added the owner stated they would not build one because of the contamination underground, He stated his wife talked to somebody from the City before they bought the house. He noted she was told there was a 100-foot buffer between the house and what could be built on the site. He stated they knew the woods would not be on their property, but were told the woods could not be taken down, . . . . ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10,2001 7 He noted his house was recently appraised at $160,000. He added he built fire pits, decks and put a lot of money into the home. He stated with a two story building there it would reduce home values and eliminate his privacy, He questioner whether he would have any sun in his backyard, He stated he worked late nights and was concerned about at what time construction would begin and end. He noted he was concerned about noise and lighting, He added he was concerned about a possible outdoor break room. He stated he was concerned about going from a 100-foot buffer to a building 14 feet from his house. He noted the construction would take down everything that buffers the property, He added he was not against development. He distributed photographs. He stated that if they had wanted to buy a home with lots of buildings around it, they would have stayed in St. Paul. He noted he appreciated the time to speak. He added he was concerned about the ramp going down next to his bedrooms. He stated he was willing to do whatever it takes to stop this project and get it better negotiated, He noted he would rather not have it there at all, Councilmember Larson asked how high the trees were on the property, Mr. Ristow responded they were 60 feet tall, He stated the trees inside the woods are 100 feet tall. He noted he was concerned that the developer would be taking half of those trees down. Councilmember Larson asked if the trees currently block the sunshine. He stated the building would provide more sunlight. Mr, Ristow responded are enough gaps in the trees to allow sunlight. He stated they have a pool for the kids, He noted he would like to see an 8 foot fence from the back of the site to very front. Mr. Nelson stated his goal is to have it as an office building from 8 to 5 on Monday through Friday, He noted it is a light use project. He added they did submit a concept plan, He stated it was always going to be a partial two-story structure, He noted the parking lot was 10 foot off the north property line, He added it was moved to the south so there was room for some snow storage on that side. He stated there is a building across from Mr. Maguire that is two-stories and 37 feet tall. He noted there are people on the second floor, He added they have already lost some privacy to the west. He showed a view ofMr. Maguire's backyard. He stated Mr. Maguire has a large garage 24 x 30 behind his home, He noted Mr. Maguire also has a dog kennel and an icehouse back there. He added they looked at a scalloped fence with a softer design. He stated they could not do that ifthe fence was taller. He noted he had asked his landscape architect about an 8ft fence. He noted the architect stated a fence over six feet had a significant amount of engineering problems. He added there was more area for the wind so they had to beefup the timber, He stated these fences are unattractive. He noted the Landscape Architect thought that with the trees going in on the north side there should be sufficient privacy, He added they are using River Birch trees, which are fast growing. Mr, Nelson explained that when he started the project two years, he met with all the neighbors, He noted the former owner ofMr. Maguire's home met with him and was in favor ofproject. He ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10,2001 8 added the project has not changed except that the building has been pulled back 4 feet. He stated his civil engineer told him that people have been dumping into the ditch, He noted the neighborhood would have to find a new outlet for their yard waste, He added that on the east side as well, people have been dumping timbers, clotheslines, and TV antennas. He stated it was a dumping yard for all the neighbors, He noted they are going to dig out the ditch, regrade it, and reset it. He added that there is going to be a perforated pipe set in the bottom of the ditch, He stated it would be covered with river rock over it so that it would be used if needed for drainage, He noted it would allow water to drain out of that ditch. He added this approach has been used in these kinds of situations before. . He stated this lot has always been impervious surface, He noted it had been a gas station, He added the water did drain to the north based on prior design and layout. He stated that if the ditch has been blocking up that is due in part to being blocked with yard waste, He noted it has a 21-inch drain, He added there has to be a lot of water to block it. Mr. Nelson stated the other homes have garages in the back as well. He noted each of these houses have detached garages across the back. He added the parking lot would start 18 feet from the westerly side and run 81 feet. He stated it went halfway across the neighbor's property. He noted the neighbor's garage ends up right in tbe middle of the next door garage, He showed an illustration. He stated there will also be a masonry stone receptacle that would block the view from the other parking area, He noted that it is primarily the garage area where the parking area . would be located, Mr. Nelson noted that with respect to the issues regarding pollution control, they did get closure, He stated there is contamination in the southwest comer, where there was a pump island. He noted there is some contamination in the ground water. He added when they build, they would have an environmental engineer on site from pollution control to test the soil that is removed, He stated if the removed soil is found to be contaminated they would have to treat it and store it separate from the uncontaminated soil. He noted they would have to cover the soil and decide what to do. He added it is his understanding that there is no contamination on the easterly side, He stated he felt they did not have to do anything tbere, He noted they would still have the environmental engineer on site to test it. Mr. Nelson added that with respect to lighting the property directly to the west throws out more light. He stated that property almost lights up the whole parking lot. He noted he had questioned the need for lights at all. He added he was told they needed to have lights in the parking lot according to the City Code, He stated they had planned on a 14-foot shoebox light because it would cut off the light from spreading, He noted the city has asked them to use more decorative lighting so they are looking for a decorative light that would cut off the light the same way. He added they planned to the light in the parking lot so there would only be one fixture, He stated then it would not be 35 feet up like what was used across the street. Mr. Nelson stated that with respect to notice, he felt bad that Mr. Ristow did not feel that he . received notice. He added when he talked to Mr. Ristow, Mr. Ristow told him the letter had been received, but put aside and forgotten, He stated he told Mr, Ristow about the Planning e e e ARDEN HILLS CITY COUNCIL MEETlNG MINUTES DECEMBER 10,2001 9 Commission meeting, He noted he offered to meet with Mr. Ristow on several occasions. He added he told Mr. Ristow he would be at the Planning Commission meeting one half hour early, but Mr. Ristow did not come, He stated he tried to meet with Mr. Ristow several other times, He noted that with respect to keeping the fence 10 feet off the boundary, it would not work with the plan, He added it would require them to push the snow off into the street, which they would not want to do, He stated it would not be appropriate, He noted that when it is appropriate they would need to move snow off this site and they are aware of that. He added that with respect to hedges 8 to 10 feet, the trees would grow faster than the hedge with the number of trees they have planned. He stated the ramp that Mr. Ristow talked about was part of the concept plan. He noted they were going to have grass pavers, He added they would be concrete with grass growing up between it. He stated it will not be a paved surface, He noted there would be a catch basin at the bottom to catch the water that runs down it. He added it was going to be used occasionally for private use. He stated they would use the basement for storage, He noted they are placing trees to the east so that they would not have to trim the neighbor's trees, He added that at the time of the preliminary concept plan, they did meet with all three of the neighbors, He stated they are talking about a quality development. He noted that hopefully they would provide a nice attractive building at the entrance to the community, Councilmember Larson asked about the fence, Mr. Nelson responded that on the north side there is a fence and all the trees, He stated Mr. Ristow had asked the landscape architect to have a green hedge in that corner. Councilmember Grant stated setbacks has come several times, but in the presentation it appeared there were no setback issues. Mr. Parrish responded there are no building setbacks or deviations being requested, He stated there is a parking lot setback of 17 and 18 feet from Country Road D and Cleveland Avenue, when 20 feet is required, He noted the neighborhood business zoning district has a buffer yard requirement of 30 feet. He added it is met on the east side, but not on the north side. He stated it is 14 feet to the north or one half of the requirement. He noted that is measured from the edge ofthe parking lot. Councilmember Grant asked if the fence is designed to mitigate the fact that there is a smaller buffer yard, Mr, Parrish responded that was an accommodation made, Councilmember Grant asked about the second fence, Mr. Nelson responded there is a dilapidated fence that would be removed. He stated that in the discussion with the landscape architect, the architect indicated that a six-foot fence is a standard fence, He noted to increase it to a eight foot fence would be to almost double the cost. He added that an eight-foot fence is an ugly fence, He stated there is more screening by trees than by the eight-foot fence, He noted if they have straight-line winds as they did before, it would blow the fence down, He added they went through this discussion on the sideline setback with the concept plan, He stated everyone wanted parking on the west side of the building to buffer Mr. Ristow since his home is very ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10, 2001 10 close, He noted the sidewalk there is a fire exit out ofthe north side of the building. He added they had to have two exits from the second floor. He stated the sidewalk would be used for the fire exit. e Councilmember Larson stated that after listening to the presentations and knowing the history of this property, he is prepared to support the proposal, He noted they have a design that is as sensitive as they can make it to the restraints that are on that property right now, He added the builder has proposed landscaping that goes will beyond what the City requires trying to meet the needs of the neighbors, He stated the number of caliper inches being provided and the amount of landscaping more than typically required, He noted the plan does not meet the setback on the north side. He added that with the garages at the back of the lots, the fence and the landscaping, it is as good as it can be. He stated the developer has been sensitive to the privacy issue of the owners by setting back the second floor. He added a house could be two stories and be more mvaSIVe, Councilmember Aplikowski stated she was here two years ago when this was discussed, She stated she was concerned about people not knowing about this. Mr. Parrish responded staff followed the standard notification procedure. He stated they also had a list of individuals that did receive notice, He noted there might be a variety of reasons why they did not see it when it was received, Councilmember Aplikowski stated this plan might not be to the neighbor's liking right now, She e noted that when one lives in a regular house, the neighbors could do things that a person does not like, She added there is no recourse for that either. She stated that for the reasons explained by Councilmember Larson, she thinks it is a good plan for that comer. MOTION: Councilmember Larson moved and Councilmember Rem seconded a motion to approve the Master Plan Planned Unit Development, and Final Planned Unit Development/Site Plan, subject to the conditions of the Planning Commission. The motion carried unanimously (5-0). 2. Case #01-31, Steve Petry, Lake Lane, Front Setback Variance Mr. Parrish explained the request for a setback variance to the front yard setback in an R-2 zoning District. He stated the requirement is 40 foot and the applicant proposed 30 foot. He noted the site is currently a vacant lot. He added the applicant proposed an access to Edgewater Street, which is improved, He stated Lake Lane is unimproved. He noted almost all of the adjacent properties are single-family residential. He added that to the west is an institutional use by Odd Fellows. He stated the Planning Commission unanimously recommended approval of this variance based on the five findings outlined in the staff report. He noted the applicant stated reason for the variance was to maintain an adequate back yard and to maintain a 40-inch diameter tree on the property, He added the other properties on Edgewater Street did have 30-foot setbacks, e ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10, 2001 II - Mayor Probst stated it did appear that other homes along Edgewater Street appeared closer than the 40 feet required. MOTION: 3. Councilmember Grant moved and Councilmember Ap1ikowski seconded a motion to approve in Planning Case #01-31 a front yard setback variance, subject to the findings contained in the staff report, The motion carried unanimously (5-0). Case #01-16, City of Arden Hills, Shoreland Ordinance, Introduction and First Reading of Ordinance No. 334 Mr. Parrish explained this the latest in the City's codification effort, He stated there were no changes other than the comments by the City Attorney. MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to accept in Planning Case #01-16 the first reading of Ordinance #334, an Ordinance adopting Shoreland management standards within the City of Arden Hills, The motion carried unanimously (5-0), C. 2002 Budget 1. Authorization to Cancel December 17, 2001 Truth-in-Taxation Continuation . Hearing MOTION: Counci1member Aplikowski moved and Councilmember Grant seconded a motion to cancel the December 17, 2001 Truth-in-Taxation Continuation Hearing, as recommended by staff, The motion carried unanimously (5-0). D. New City Code of Ordinances 1. Adoption of City Code of Ordinance 2. Ord.#335, "An Ordinance Summary Adopting a New Municipal Code for the City of Arden Hills, MN, Amending, Restating, Revising, Updating, Codifying and Compiling Certain Ordinances of the City of Arden Hills Dealing with the Subjects Embraced in the Code of Ordinances, and Providing Penalties for the Violations of the Code of Ordinances" 3. Res, #01-24, "Adopting a Schedule of Fees and Charges for Various Services, License and Permits for the City of Arden Hills, MN" Mr. Lynch explained the City Attorney has found that the League of Minnesota Cities and the statutes do not require a publication of a public hearing notice for a re-codification. He stated the city just did a notification for public information and record, He noted there is no 14 or 10 day requirement. Mr. Filla stated the statute that set up the City's right to do this re-codification does not require a public hearing, He noted if the Council intended to adopt parts ofthe City Code that required public hearings because of the Land Planning Act, then the City would have to hold a public hearing. He added the City was not changing the zoning regulations, . ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10, 2001 12 - Councilmember Grant stated his preference for leaving the matter on the table until the meeting on December 17,2001. He noted this would give them more time to go through Councilmember Rem's and Mr. Filla's recommendations, Mayor Probst stated there would be a full agenda for the meeting on December 17, 2001. Councilmember Rem asked if the City is bound to the recommended changes. Mr. Filla responded Councilmember Rem's changes would be made before its publication this month, He stated he did not think the changes were very significant. He noted the administrative staff would only take a few hours to make the changes. E. City Hall 1. Pay Request #14, Rochon Corporation Mr. Lynch explained the Pay Request #14 for Rochon Corporation for its work on City Hall. He stated they have checked and double-checked the numbers due to past problems with the pay requests. He noted Mr. Post has examined the numbers and finds them to be accurate. He added that after meeting with the architect, staff would make a recommendation to hold up a substantial amount of money. He stated there has not been much progress in finishing the punch list items. He noted the city considers some of these items to be either Rochon Corporation's or the . architect's responsibility. Councilmember Grant asked if the Council had seen change order #6 referenced in the letter from Mr. Vesterhold, Mr. Lynch responded that change order has not been presented to the Council yet. He stated staff is still verifying the receipt of credits and that the accuracy of the numbers. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve Pay Request #4 in the amount of $1 07,994,81 to Rochon Corporation, as recommended by staff. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS Mr, Lynch stated he had no comments, COUNCIL COMMENTS Councilmember Grant stated the Operation and Finance Committee would meet December 20, 2001 to continue the discussion on the maintenance facility, He noted he would appreciate an update on the TCCAP property and the documents authorized to be developed for presentation. Councilmember Rem stated as a reminder that the Arden Hills year end message is due today, . She noted last Monday the Restoration Advisory Board for arsenal met at City Hall. She added it was the Board's understanding it would be able to meet at City Hall for the near future, . . . ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10,2001 13 Councilmember Rem stated she attended the State Human Rights Day Conference last Friday, She noted there are some timely things going on with human rights issues, She added the Northwest Youth and Family Service Board would be having its regular monthly meeting on Thursday. She stated the big topic of conversation is going to be the state ofthe state's finances. She noted the article in the paper this past week that indicated that five of seven grant requests were turned down. She added this was due to the foundation endowments not making the returns expected, Councilmember Rem noted the interesting letter from the Rice Creek Consulting Engineer on the local stormwater management plan, She referenced the comment that installing curb, gutter, and storm sewers did not necessarily have positive effects on the City's water resources, She added that some things in the plan contradicted some of the recommendations oftheir Water Quality Task Force, Councilmember Larson stated the Parks, Recreation and Trails Committee reviewed the final review of draft of the Parks and Recreation Plan at its last meting, He noted the Committee decided to hold a public open house on December 18, 2001 to review the plan. He added the Committee recommended that the City go forward with some much-needed replacements of the warming house at Freeway Park and the shelter building at Hazelnut Park. He stated he was not sure when the replacements would be on the Council's agenda, Councilmember Larson noted the newspaper article about the Housing Resource Center. He added he hoped the City would communicate to the newspaper that it is not the Shoreview Resource Center. He stated there should be credit given to the other communities supporting the center, Councilmember Aplikowski questioned a public hearing the week before Christmas on something as big as a park plan. She asked bow many people would be there, She questioned what they were thinking, Mayor Probst reviewed his possible appointments, He stated he was not anticipating any changes with exception of two. He noted Mr. Sand has been the representative for the Cable Commission for many, many years. He asked if the Council was comfortable with that. He questioned whether a Councilmember should sit on the Commission or not. He stated Councilmember Grant is the alternate, He noted anyone with thoughts on the matter should let him know, He added Councilmember Rem would be his recommendation for Acting Mayor for the next year, He stated logic would recommend not moving the appointments around for the Parks, Recreation, and Trails Committee and the Public Works Committee, He noted both of these committees face critical junctures on pending projects, He added that he had some recruitment work to do, He stated the Council did need to have some discussions on the Operations and Finance Committee. He noted the Chairman, Councilmember Grant and Mr. Moore were the only ones able to make the last meeting, He added the Council might need to discuss again where it wants to go, ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10, 2001 14 Councilmember Grant stated the Committee needs more members with the amount of work to do in the coming year. He noted if anyone is aware of a possible candidate, he or she should let him know. . Councilmember Larson stated Mr. Sands is currently the Chair of the Cable Commission. He noted he was unsure how long the chair term was. He added he was not sure about the implications ifMr. Sands was not re-appointed. Mayor Probst stated the combined Chamber is having a grand opening this Thursday. He noted the State of the Region meeting is this Wednesday at 8:30. He added he would not be able to make the meeting. He stated he also received a mailing for the National Association of Installation Developers Conference. He noted there is a conference in January on the development of former military installations. He added the Council might want someone to attend this conference. He stated another issue would be funding for the public works building. He noted the Council did not budget for that project. He added the Council needed to discuss possible funding options. He stated Mr. Lynch had noted the County was looking at proceeding on a design build format He noted the City cannot do that. He added there are a number of decisions that need to be made so the Council needs to set aside some time to discuss them. He stated the 35W Corridor Coalition has established assessment rates. He noted the Council needs to take formal action on that activity. Mr. Lynch explained the options for the City to consider with regard to Ramsey County. . Mayor Probst stated the City should be a full partner with the County. He noted if not there would be some issues. He asked the Councilmembers to consider it. Councilmember Larson agreed. He stated ifthe City does not communicate to Ramsey County the City's expectations, it would be get whatever the County comes up with. He noted that by the time the City sees the design it would be too late to do anything. He added one concern would be that the building be screened appropriately and have a low profile. He stated they did not want to see usual equipment yards. He noted the City should come up with some general statements about what it would like to see. Mayor Probst stated the City is in a strong position because under the current zoning this would not be an acceptable use. He noted while the state and federal governments could go on their way, the County could not. He added it would be better for the City to be a partner. He stated staff should draft some proposed statements. Councilmember Grant stated those statements could be ready for the meeting on December 17, 2001. He noted the City could have a joint meeting with the County during one of the worksessions in February. He added it give the Operations and Finance Committee the chance to meet prior to the joint meeting. He stated he thought that face to face negotiations on an ongoing basis would be better. . . . . ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10, 2001 15 Councilmember Aplikowski concurred. She stated she tbought it might be better if the Council attends one of the County's meetings. Councilmember Larson stated the Council should still put something on paper to document the design issues. He noted there are things about which the County would not be sensitive. Mayor Probst stated he would like the Council to be active in the selection process of the design team. Councilmember Grant agreed that Arden Hills should put together some guiding principals. Mayor Probst stated some activities on the arsenal property are heating up. He noted he has met with the third developer. He added it would be on the agenda at a future worksession. He stated they have been told the presentation would be limited to 45 minutes or less. He noted they would have a strong team with a strong presentation. He added the other two parties would like to schedule time in January. He stated they might need to schedule some special meetings in January. He noted he hoped they could make a decision in early February as to how they wanted to proceed. He added that if they wanted to go through an RFP process they could do that. He stated Mr. Parrish is going to walk the Council through a draft of the package for Representative McCullum. He noted if the Council is comfortable with what it is seeing, then a draft copy could go to Representative McCullum's staff to see if anything further is needed. Mr. Lynch stated he met with Mr. Brown and Mr. Parrish to discuss the type of package to prepare. He explained the components of the presentation: a base map showing the current situation, an aerial photo showing an overlay of the property, a use map with the contamination areas, the National Guard's proposed acquisition map, the City's proposed acquisition map, and a composite map showing all the above compressed into one map. He stated there was also literature surrounding those maps. He noted Mr. Parrish developed a summary history. He added that he did summary of recent events. He stated the final presentation ends up being a dozen pages. He noted they have not completed the requested action page. He added they could request the acquisition of the northwest to southwest corner or federal legislation for that property acquisition. He stated this was an area where Representative McCullum's staff could assist them with how that could be phrased. Mayor Probst asked ifthe City had all these maps electronically now so it could provide whatever is needed. Mr. Parrish responded they did not have them all now, but would have them shortly. Mayor Probst stated they should stated in their overture to the Congressperson that the City is requesting a title transfer to the City of the development area. Councilmember Aplikowski asked about the change in the name of the plan. ARDEN HILLS CITY COUNCIL MEETING MINUTES DECEMBER 10,2001 16 Mayor Probst stated they might want to have two separate documents. He noted one would be the Vento Reutilization Plan and the other would be the City's Comprehensive Plan that follows it. He added this would show the City has been consistent. . Mr. Parrish stated they have not been able to find the Vento Reutilization Plan with a map of land uses. He noted they had only been able to find the general principles. Mayor Probst stated he thought there was a drawing. Councilmember Larson stated he thought it was important for Representative McCullum to understand there has been some real continuity. Mayor Probst stated it is critical to have it. He noted that otherwise the city goes back to the drawing board. He added it would show the City had been consistent and honorable in its approach. He stated his recollection was that the city paid for a color drawing. He noted the drawing was attached to some of the documentation. Councilmember Aplikowski stated they should include the historical value of the committee involved and how many entities participated. Mr. Lynch stated they tried to hit the highlights. . ADJOURN MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to adjourn the meeting at 10:00 p.m. The motion carried unanimously (5-0). Dennis Probst Mayor Joe Lynch City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, January 14, 2002 at 7:30 p.m. at the Arden Hills Council chambers. . I " . . . ~ ~HILLS MEETING MINUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORKSESSION MONDAY, DECEMBER 17, 2001, 4:45 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 CALL TO ORDER Mayor Probst called the meeting to order at 4:50 p.m. Councilmembers present were Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem. Staff present included City Administrator, Joe Lynch; City Accountant, Terry Post; Parks & Recreation and Interim Public Works Director, Tom Moore; Recreation Program Supervisor, Michelle Olson; City Planner, Aaron Parrish, and Recording Secretary, Julie Bateman. Also present included Rod Grams, Hecht, Spenser & Associates; Jeff Knutson, Glenn Rehbein Companies; Jim Casserly, Public Finance Attorney, Krass Monroe P A; Sue Steinwall, Environmental Law, Fredrikson & Byron P A; John Hink, Glenn Rehbein Companies; Patrick Kelly, Kelly & Fawcett; and Roger Fraley, Centex Multi-Family Communities. COMMUNITY DEVELOPMENT Planninl!/Zoninl! TCAAP developer presentation. Paper copies ofthe presentation will be provided to the City Council. Comprehensive Stormwater Plan Councilmember Larson stated Rice Creek referred to plan as a Water Management Plan. What are we required to do? Mr. Parrish stated we are only required to deal with stormwater management. Councilmember Rem suggested we should be addressing some of the broader issues. Mr. Parrish stated some of the issues will be dealt with although there are also some issues that will not be applicable. Mayor Probst stated it will be on the January agenda to be concluded. 1 ARDEN HILLS CITY COUNCIL WORKSESSION MINUTES DECEMBER 17, 2001 2 FINANCE DEPARTMENT . 2002 Budl!et Discussion Community Events Mr. Post discussed the budget for Arden Hills celebration for 2002 asking if $1 0,000 is an adequate budget. Councihnember Aplikowski stated we have to consider how we will fund the dedication of City Hall which was in last years budget, and a Day in the Park. Councihnember Larson suggested we might tie in the dedication with the 51 st annlVersary. Mayor Probst stated we should not change the budgeted amount of $1 0,000, and plan for fund raising perhaps by City Council members. Park Capital Mayor Probst stated the park budget is approved for park improvements, and funds will not be redirected from that budget for community events. The money for new warming houses has not been budgeted. Mayor Probst stated the budget should be amended in 2002 to include additional funds for warming houses when more information regarding cost is available. . Recreation Programming Mr. Post stated the money traditionally used to fund Recreation Programs is budgeted to be approximately $10,000 less than last year. Ms. Olson stated that programs like Breakfast with Santa and Summer Playgrounds do not make enough money to cover expenses. Councilmember Aplikowski asked what could be done tonight to possibly redirect funds to avoid cutting summer programs. Mayor Probst stated the issue of where recreation program money will come from is not something that can be decided in a few minutes and clearly needs more deliberation. Discussion is tabled until January worksession, at which time a more long term decision will be made. Councilmember Aplikowski indicated support for the programs cut from the budget (track and playgrounds) and stated the Council will find funding to cover the cost ofthese programs in 2002 and long term planning for these programs will be discussed and decided for 2003. . . . . ARDEN HILLS CITY COUNCIL WORKSESSION MIN1JTES DECEMBER 17,2001 3 Pavement Manal!ement Prol!ram Mayor Probst stated the plan should be put together and published to receive feedback. Will be on January 14 agenda. 2002 Fee Schedule Review Councilmember Larson stated he has recommended changes. Tabled until January. PUBLIC WORKS DEPARTMENT Discussion regarding ordinance for City to implement water bans to save water when supply is low, authorization for Public Works Director to decide wben necessary. Mr. Moore will gather information from other cities to obtain copies of plans they have in place. Council will finalize in January. ADJOURN MOTION: Mayor Probst adjourned meeting at 8:13 p.m. The motion carried unanimously (5-0). Dennis Probst Mayor Joe Lynch City Administrator . . . ~ ~HILLS MEETING MINUTES CITY OF ARDEN HILLS, MINNESOTA ECONOMIC DEVELOPMENT AUTHORITY (EDA) MONDAY, DECEMBER 17, 2001, 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, President Dennis Probst called to order the Economic Development Authority (EDA) meeting at 8:13 p.m. Staff present included City Administrator, Joe Lynch; City Accountant, Terry Post; Parks & Recreation and Interim Public Works Director, Tom Moore; Recreation Program Supervisor, Michelle Olson; City Planner, Aaron Parrish, and Recording Secretary, Julie Bateman. APPROVAL OF MEETING AGENDA MOTION: Commissioner Aplikowski moved and Commissioner Rem seconded a motion to adopt the agenda for the December 17, 2001 meeting of the Economic Development Authority. The motion carried unanimously (5-0). APPROVAL OF MINUTES MOTION: Commissioner Grant moved and Commissioner Aplikowski seconded a motion to approve the June 25, 2001 Special EDA Meeting Minutes. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS A. Adopt 2002 Budl!et MOTION: Commissioner Larson moved and Commissioner Aplikowski seconded a motion to approve the 2002 Budget. The motion carried unanimously (5-0). B. Tax Increment Financ1nl! District No.2. Status Update Post suggested the Council establish business subsidy criteria to prepare for future development. ARDEN HILLS CITY COUNCIL EDA MEETING MINUTES DECEMBER 17,2001 2 ADJOURN MOTION: Commissioner Grant moved and Commissioner Rem seconded a motion to adjourn the meeting at 6:28 p.m. The motion carried unanimously (5-0). Dennis Probst Mayor Joe Lynch City Administrator . . . e . . ~ ~HILLS MEETING MINUTES CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL SESSION MONDAY, DECEMBER 17, 2001, 7:30 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the special City Council meeting at 8:35 p.m. Staff present included City Administrator, Joe Lynch; City Accountant, Terry Post; Parks & Recreation and Interim Public Works Director, Tom Moore; Recreation Program Supervisor, Michelle Olson; City Planner, Aaron Parrish, and Recording Secretary, Julie Bateman. APPROVAL OF MEETING AGENDA MOTION: Councilmember Grant moved and Councihnember Aplikowski seconded a motion to adopt the agenda for the December 17, 2001, special City Council meeting. The motion carried unanimously (5-0). PUBLIC HEARING Tax Levv No public comments were made regarding the tax levy. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to adopt the tax levy. The motion carried (4-1). Councilmember Grant voted no because he felt the levy was too high. 2002 Budl!et Adoption MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to adopt the 2002 budget. The motion carried (3-2). Councilmember Rem and Councilmember Grant voted no due to the fact that the Recreation Program issue is not final. A decision will be made at the January worksession. ARDEN HILLS CITY COUNCIL SPECIAL SESSION MINUTES - DECEMBER 17, 2001 2 CONSENT CALENDAR e A. Claims and Payroll B. Res. #01-28, Adoption of2002 Service Fee Schedule C. 2002 Liquor License Renewals, Pending Receipt of all Fees and Necessary Documentation D. Approval 2002 Planning Commission Work Plan MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 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 City Hall Proiect . Ordinance #335 Recodification and Resolution #01-24. Mr. Lynch stated all changes have been made and new copies of the book will be produced. MOTION: MOTION: MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve Ordinance #335. The motion carried unanimously (5-0). Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve Ordinance Summary. The motion carried unanimously (5-0). Councihnember Aplikowski moved and Councilmember Larson seconded a motion to approve the 2002 Service Fee Schedule. The motion carried unanimously (5-0). Change order #6, Rochon Corporation MOTION: Councilmember Larson moved and Councihnember Aplikowski seconded a motion to approve payment of Change Order #6 to Rochon Corporation in the amount of $20,672.00. The motion carried unanimously (5-0). . ARDEN HILLS CITY COUNCIL SPECIAL SESSION MINUTES - DECEMBER 17, 2001 3 . ADMINISTRATOR COMMENTS a. Ramsey Countv Public Works Facility Ramsey County is interested in knowing if the City wants to participate in the pre-design decision for the new Public Works Facility. Council members expect the City to be actively involved. b. City Hall Use policy Mr. Lynch prepared a proposed building use policy including fees. We have indicated to interested parties that we will have a policy in place by January. Councilmember Larson suggested we elevate fees for-profit organizations to $50 and $75. Councilmember Grant asked why day and night charges are so different and also suggested the fees should be set according to the room size and facilities. Mayor Probst suggested we try the new building use policy, and can make changes in the future after a trial period. . Mr. Moore will provide information from other cities on their building use policies. COUNCIL COMMENTS Tentative retreat dates are January 25 and 26, and February 1, 2002. Mayor Probst discussed needing three new members for the Planning Commission. Mayor Probst stated he was impressed with the presentation regarding TCAAP and agreed that the City should begin actively pursuing tbe project. Mayor Probst suggested beginning work on the project by the end of January and possibly choosing a firm for implementation. ADJOURN MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 9:41 p.m. The motion carried unanimously (5-0). Dennis Probst Mayor Joe Lynch City Administrator . . . . ~ ~HILLS MEETING MINUTES CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL SESSION WEDNESDAY, JANUARY 2, 2001, 5:30 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the special City Council meeting at 5:36 p.m. Councilmembers present were Beverly Aplikowski, Dayid Grant, Gregg Larson, and Lois Rem. Staff present included City Administrator, Joe Lynch; City Accountant, Terry Post. APPROVAL OF MEETING AGENDA Administrator Lynch introduced an addition to the agenda (Claims and Payroll for the pay period #26 of2001 and Claims for year end 2001). MOTION: Councilmember Larson moved and Councilmember Rem seconded a motion to adopt the agenda with the addition of Claims and Payroll under item 5B, for the January 2,2002, special City Council meeting. The motion carried unanimously (5-0). OATH OF OFFICE Mayor Probst administered the Oath of Office for the City Administrator and the City Treasurer. PUBLIC COMMENTS No public comments were made. ARDEN HILLS CITY COUNCIL SPECIAL MEETING MINUTES JANUARY 2, 2002 2 UNFINISHED AND NEW BUSINESS e A. Annual Appointments Council first addressed the 2002 City appointments as recommended in the December 21,2001 memorandum to the City Council from the Mayor outlining the Council liaison role, the miscellaneous annual appointments, the professional consultants, and reappointments of official positions including the Acting Mayor, City Administrator and the City Treasurer. MOTION: Councilmember Larson moved and Councihnember Aplikowski seconded a motion to approve the 2002 City appointments for the Council liaison roles, the miscellaneous annual appointments, the professional consultants, and the official positions of Acting Mayor, City Administrator, and City Treasurer as outlined in the memorandum from the Mayor dated December 21,2001. The motion carried unanimously (5-0). Council addressed the 2002 City appointments including the Committee, Task Force and Council liaison appointments to the Planning Commission, the Communications Committee, the Parks, Trails, and Recreation Committee, and the Operations and Finance Committee as outlined in the memorandum from the Mayor dated December 21,2001, to the City Council. Council discussed various aspects of the Mayor's proposal, including the removal of Fran Holmes, who has indicated her resignation from the Communications Committee, and the addition of Brenda Holden as a new appointment to the Communications Committee. . Council also addressed the current interim Chair of the Planning Commission, David Sand, and the current interim Chair of the Parks, Trails, and Recreation Committee, Don Messerly, and reappointing Mark Kelliher as Chair of the Operations and Finance Committee, with the understanding that the Chair positions of the Planning Commission, the Parks, Trails and Recreation Committee, and Operations and Finance Committee, would be reevaluated in March of2002, or after the City Council retreat, along with the Operations and Finance Committee's mission, purpose, and work schedule. MOTION: Councilmember Rem moved and Councilmember Aplikowski seconded a motion to approve the 2002 City appointments for the Committee and Task Force as outlined in the memorandum from the Mayor to the City Council dated December 21,2001, with the understanding of the discussion as outlined above. The motion carried unanimously (5-0). e . . . ARDEN HILLS CITY COUNCIL SPECIAL MEETING MINUTES JANUARY 2, 2002 3 B. Claims and Payroll MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS Lynch commented on the ongoing discussions with SEH regarding the Stormwater Management Contract. He updated the Council on discussions that City Planner Parrish had with SEH regarding the Council feedback on a request for additional funds for additional meetings and copies of the Stormwater Management Plan. Lynch also presented a proposal from Jim Brimeyer ofthe Brimeyer Group, for the 2002 City Council/Staff Retreat. The proposal also included a cost estimate of approximately $3,200 for the I Y2 day total plus prep time for the City CouncillStaffRetreat. The dates were established as January 25, January 26, and February 1, 2002, for the retreat COUNCIL COMMENTS Councilmember Grant mentioned that the Council does need to consider the future of the Operations and Finance Committee and better define the scope and mission of that group. Councilmember Grant also mentioned that there is a Maintenance Facility Task Force and was curious about it's inclusion in the appointments for 2002. Grant further commented on the statement about the Council liaison role and the statement about not influencing decisions and inquired about whether that applied equally to staff. Councilmember Rem commented on the meeting scheduled for January 10, 2002, with Senator Dayton's staff, and whether all Councilmembers were invited or only those on the mailing list. She also inquired about whether the intention was to have the City Planner attend the meeting since it was addressed to Joe Lynch but with a title of City Planner. Councilmember Rem also mentioned the Newsletter Committee meeting which was held on Wednesday, January 2,2002, and indicated that had she been able to attend, she would not have been able to open the building without sounding the alarm, and indicated all the City Council needs to receive an alarm code and instructions on turn the alarm system on and off. Councilmember Larson mentioned that the TCAAP review should be multi-disciplinary and maybe the City would want to consider consulting with an architect or a person with planning background, to assist either the individuals or the Task Force involved with the Ramsey County Public Works Facility. ARDEN HILLS CITY COUNCIL SPECIAL MEETING MINUTES JANUARY 2, 2002 4 Councilmember Larson mentioned that he would still be in favor of having City Council meetings begin at 7:00 p.m. and wondered if any other members support the idea. The Council discussed the proposal and by consensus agreed to begin City Council meetings at 7:00 p.m., and adjourning no later than 10:00 p.m. . Councilmember Larson indicated he will be gone from January 5 through January 20,2002. He will not be in attendance at the January 14, 2002, City Council meeting, but indicated he would like the Council to find a way to financially support recreation programs, and also would like City Council to find a way to fund the proposed capital improvements for 2002 as previously presented. Councilmember Aplikowski mentioned that originally the Operations and Finance Committee had its membership branched out to attend other meetings so there was involvement and information exchanged between members of the Operations and Finance Committee and various other committees. Councilmember Aplikowski also mentioned that she had read the book "Who Moved My Cheese?", and had tapes as well, and they were available for any City Council member who was interested. Councilmember Aplikowski also wanted to indicate that she did not want to see more recounting . of stories from the consultant at the retreat but rather get straight to the point and get to solutions to concerns between and amongst City Council members at the retreat. Councilmember Aplikowski also thanked Councilmember Rem for the information on the TCAAP meeting on January 10, 2002. Mayor Probst indicated that the letter from Senator Dayton's office was at their urging and he was not sure ofthe agenda for the meeting but looked for support from the City Council to have a briefing with Senator Dayton and his staff before the meeting on January 10 so that there was no surprise about their proposal to go forward with special legislation to obtain property for the City of Arden Hills. Mayor Probst also reviewed a letter he had received dated December 21, 2001, from Representative Betty McCollum, to General Paul Kirk of Army Materiel Command, wanting a meeting to talk about property being declared excess and concerns that she had about the removal of contamination and the pressure that redevelopment of the property to industrial would present to the property. Probst turned over the letter to staff to copy for the City Council. Mayor Probst indicated that he had received the installation restoration program for the Twin Cities Army Ammunition Plant Newsletter indicating that the TCAAP plume clean up was occurring faster than originally anticipated. A copy of this will be sent to all City Council members as welL . e . e ARDEN HILLS CITY COUNCIL SPECIAL MEETING MINUTES JANUARY 2, 2002 5 ADJOURN MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 6:47 p.m. The motion carried unanimously (5-0). Dennis Probst Mayor Joe Lynch City Administrator e . e CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 02-01 RESOLUTION DESIGNATING DEPOSITORIES AND CORPORATE AUTHORIZATION RESOLVED, that the u.s. Bank St. Paul, N.A. shall be the official depository for all funds of the City of Arden Hills for the calendar year 2002; and BE IT FURTHER RESOLVED, that the City Treasurer shall from time to time, ascertain that adequate security as required by the laws ofthe State of Minnesota, is furnished by such depository to protect the City's deposited funds against financial loss; and BE IT FURTHER RESOLVED, that checks ofthis corporation drawn on U.S. Bank St. Paul, N. A., hereinafter called the Bank, shall be signed by three of the following officers: Dennis Probst Mayor Lois Rem Acting Mayor or Joseph P. Lynch City Administrator Terrance R. Post Treasurer or BE IT FURTHER RESOLVED, that the City Administrator is authorized to use a signature stamp at such time as it becomes necessary for Mayor Dennis Probst or Terrance R. Post, Treasurer. BE IT FURTHER RESOLVED, that the said bank is hereby authorized and directed to honor and pay any checks so drawn as above set forth, whether or not such checks be payable to the order of the foregoing persons either in this individual or official capacity or deposited to this individual credit, and whether or not such signatures are followed by the title or office of the person slgnmg. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 14'h DAY OF JANUARY, 2002, DENNIS PROBST, MAYOR ATTEST: JOSEPH P. LYNCH, CITY ADMINISTRATOR . . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 02-02 RESOLUTION DESIGNATING ADDITIONAL MONEY MARKET DEPOSITORIES FOR INVESTMENT PURPOSES WHEREAS, Resolution No. 02-01 designates the U.S. Bank St. Paul, N.A. as the official depository for funds of the City of Arden Hills for calendar year 2002; and WHEREAS, it is desirable to invest City funds at the highest available interest rate; NOW THEREFORE, BE IT RESOLVED that effective this date, the following money market funds are designated additional depositories for the sole purpose of investing cash or cash equivalent funds of the City of Arden Hills: Minnesota Municipal Liquid Asset Fund (4M Liquid Asset and 4M PLUS Funds); Wells Fargo Government Money Market Fund; and Salomon Smith Barney Money Funds Government Portfolio Class A BE IT FURTHER RESOLVED, that the City Treasurer is authorized to take whatever actions are necessary to make investments in the aforesaid money market funds and to ascertain that adequate security, as required by the laws of the State of Minnesota, is furnished by such money market funds to protect the City's deposited funds against financial loss. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 14th DAY OF JANUARY, 2002. DENNIS PROBST, MAYOR ATTEST: JOSEPH P. LYNCH, CITY ADMINISTRATOR . . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 02-03 RESOLUTION DESIGNATING BROKERAGE FIRMS FOR INVESTMENT IN FINANCIAL INSTRUMENTS AUTHORIZED BY STATE STATUTE CONSISTENT WITH THE CITY INVESTMENT POLICY WHEREAS, Resolution No. 02-02 designates several Money Market Funds depositories for the sole purpose of investing funds of the City of Arden Hills; and WHEREAS, it is desirable to invest City funds at the highest available interest rate; NOW THEREFORE, BE IT RESOLVED that effective this date, the following brokerage firms are designated for the sole purpose of investing City funds in Federal government instruments or other authorized investments allowed by State statutes and consistent with the formal investment policy of the City: Dain Rauscher Corp. Minnesota Municipal Money Market Fund (4M Liquid Asset and 4M PLUS Funds) Wells Fargo Brokerage Services, LLC Salomon Smith Barney Inc. BE IT FURTHER RESOLVED, that the City Treasurer is authorized to take whatever actions are necessary to make inyestments at the aforesaid brokerage firms and to ascertain that adequate security, as required by the laws of the State of Minnesota, is furnished by the issuing bank or savings and loan to protect the City's deposited funds against financial loss; and BE IT FURTHER RESOLVED, that no collateral be required for Federal government instruments since these investments are backed by the full faith and credit of the United States government. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 14th DAY OF JANUARY, 2002. DENNIS PROBST, MAYOR ATTEST: JOSEPH P. LYNCH, CITY ADMINISTRATOR . . e CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 02-04 RESOLUTION FOR TRANSFER OF FUNDS BY TELEPHONIC INSTRUCTIONS WHEREAS, the U.S. Bank St. Paul, N. A. is the depository in which funds ofthe City of Arden Hills may be deposited, and a corporate resolution with respect thereto is presently in effect authorizing the deposit and withdrawal of funds; and WHEREAS, the City of Arden Hills desires to add to and supplement said corporate resolution with the following resolution: NOW THEREFORE, BE IT RESOLVED by the City Council ofthe City of Arden Hills, Minnesota: That anyone of the following persons: Terrance R. Post, Treasurer Dennis Probst, Mayor Joseph P. Lynch, City Administrator is authorized on behalf of this corporation to give instructions by telephone to the U.S. BANK ST PAUL, N. A., to transfer funds on deposit with the bank: a. to other accounts of this corporation with the bank; or b. to other accounts of this corporation with other banks. 2. The bank is authorized to act on such telephonic instructions received by it from anyone who represents himself to be any of the above-named persons whether or not his voice resembles the voice of such person. 3. The bank is authorized in its sole discretion to refuse to honor telephone instructions and to insist upon written instructions signed by anyone of the persons named in paragraph 1 of this resolution. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 14th DAY OF JANUARY, 2002. DENNIS PROBST, MAYOR ATTEST: JOSEPHP. LYNCH, CITY ADMINISTRATOR , , , e . . ~ ~~ILLS CITY OF ARDEN HILLS MEMORANDUM DATE: January 8, 2001 TO: Honorable Mayor and City Council City Administrator Joe Lynch FROM: Aaron Parrish, City Planner Il SUBJECT: Case #01-16, Shoreland Ordinance City of Arden Hills Overview As you are aware, we are currently in the process ofre-codifying its City Code. Part of the process includes an evaluation ofthe current ordinances by the appropriate City Commissions and the City Council. The most recent ordinance evaluated by the Planning Commission is the City's Shoreland Ordinance. After a review by the City Attorney and Planning Commission, only slight revisions were made. These were housekeeping measures recommended by the City Attorney with regard to the variance standard applied. On December 5, 2001, the Planning Commission held a Public Hearing. No input was received at that time. Planninl! Commission Recommendation In Planning Case 01-16, the Planning Commission recommends approval of Shoreland Ordinance. Requested Action I. Consider second reading and adoption of Ordinance #334, an Ordinance adopting shoreland management standards within the City of Arden Hills. 2. Consider adoption of the ordinance summary for publication. Attachment 1. Ordinance 334 2. Summary Ordinance e . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 334 SHORELAND MANAGEMENT AN ORDINANCE ADOPTING SHORELAND MANAGEMENT STANDARDS WITHIN THE CITY OF ARDEN HILLS Section 334.01 - General Subd. 1. Title. This Chapter shall be known, cited and referred to as the "Arden Hills Shoreland Management Ordinance" or the "Shoreland Management Ordinance" except as referred to herein where it shall be known as "this Chapter." Subd. 2. Purpose and Intents. The uncontrolled use of shorelands of the City affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interest of the public health, safety and welfare to provide for the wise development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to the municipalities of the State to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources. This responsibility shall hereby be recognized by the City. Subd. 3. Statutory Authorization. This Chapter shall be adopted pursuant to the authorization contained in furtherance of the policies declared in Minnesota Statutes Chapters 103F and 462 and Minnesota Rules Parts 6120.2500-6120-3900. Subd. 4. Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City, and its City Council, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Subd. 5. Abrogation and Greater Restrictions. It shall not be intended by this Chapter to repeal, abrogate or impair any existing easements, convenants or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. Subd. 6. Applicability. This Chapter shall apply to all lands located within the boundaries of the shoreland management districts. Section 334.02 - Rules and Definitions Subd. 1. Rules of Construction. For the purpose of this Chapter, certain terms or words used in this Chapter shall be interpreted as follows: A. The singular number includes the plural and the plural includes the singular. B. The present tense includes the past and future tenses and the future includes the present. C. The word "shall" is mandatory while the word "may" is permissive. D. The masculine gender includes the feminine and neuter. Ordinance #334 Page 1 E. All distances, unless otherwise specified, shall be measured horizontally. Subd. 2. Definitions. Unless specifically defined below, words and phrases used in this Chapter shall be interpreted so as to give them the same meanings as they have in common usage and so as to give this Chapter its most reasonable application. - A. Boathouse. "Boathouse" shall mean a structure used solely for the storage of boats or boating equipment. B. Building Line. "Building Line" shall mean that line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions from the ordinance high water mark. C. Clear-cutting. "Clear-cutting" shall mean the removal of an entire stand of trees. D. Special Use. "Special Use" shall mean a use which, because of unique characteristics, cannot be classified as a permitted use in a shore land management district, and which, after due consideration by the Planning Commission and Council, pursuant to the applicable procedures contained in this Code, or the City of Arden Hills Zoning ordinance which is incorporated into and made a part of this Chapter as if set out in full, may nevertheless be allowed on a site by special use permit granted by the Council. E. Lot of Record. "Lot of Record" shall mean a parcel of land described by metes and bounds measurements, reference to a registered land surveyor plat, or other means, and which is separated from other parcels or portions by the description, as of the enactment of this Code, or which is approved by the City as a lot subsequent to the adoption of this Code, and which is occupied by or, under this Chapter and other applicable ordinances, is suitable for occupancy by one principal building, or used together with any accessory buildings or uses and any open spaces as are required by this Chapter. . F. Nonconforming Use. "Nonconforming Use" shall mean a building, structure or use of a building, structure or parcel of land, or a portion thereof, lawfully existing as of the enactment of this Code or amendment hereto, as a matter of right or by permit, which would not be permitted as a new use or structure in the zoning district in which it is located. G. Ordinary High Water Mark. "Ordinary High Water Mark" shall mean a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. H. Planned Unit Development. "Planned Unit Development" shall mean the development of a tract of land in a unified manner, pursuant to a development plan specifically approved by the City. I. Planning Commission. "Planning Commission" shall mean the Planning Commission as created by the City Council as set forth in this Code. J. Protected Waters. "Protected Waters" shall mean any waters of the State as defined by State law. However, no lake, pond or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes of these regulations. K. Setback. "Setback" shall mean the minimum horizontal distance between a structure and the ordinary high water mark or between a structure and a road, well, highway, or property lines. L. Shoreland. "Shoreland" shall mean land located within the following distances from protected . waters: Ordinance #334 Page 2 . . . 1. One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; and 2. Three hundred (300) feet from a river or stream, or the landward extent of a flood plain on such rivers or streams, whichever is greater. The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the City. M. Structure. "Structure" shall mean any building (including mobile homes) or appurtenance thereto, except aerial or underground utility lines such as sewer, electric, telephone, telegraph or gas lines, including towers, poles, and other supporting appurtenances. N. Subdivision. "Subdivision" shall mean improved or unimproved land or lands which are divided for the purpose of ready sale or lease, or divided successively within a five-year period for the purpose of sale or lease, into three (3) or more lots or parcels of less than five (5) acres each, contiguous in area and which are under common ownership or control. O. Substandard Use. "Substandard Use" shall mean any use of or structure situated upon shorelands which existed prior to the date of the enactment of this Chapter and which is permitted within the applicable zoning district but does not meet the minimum lot area or length of water frontage, structure setbacks, or other dimensional standards of the Chapter. P. Variance. ''Variance'' shall mean any modification or variation of official controls where it is determined that, because of hardships, strict enforcement of the official controls is impractical. Section 334.03 - Shoreland Management Districts and Uses Subd. 1. Ctassification of Lakes. In order to guide the wise development and utilization of shorelands of protected waters for the preservation of water quality, natural characteristics, economic values and general health, safety and welfare, certain protected waters in the City have been given a shoreland management classification. These protected waters of the City have been classified by the commissioner of natural resources as follows: DNR 1.0. No. A. General Development Lakes: Josephine 62-57 Johanna 62-78 Little Johanna 62-58 Karth 62-72 B. Recreational Development Lakes: Round Lake 62-70 C. Natural Environment Lakes: Sunfish 62-65 Valentine 62-71 Subd. 2. Establishment of Shoreland Management Districts; Zoning Map. The boundaries of the shoreland management districts are hereby continued as shown on the map entitled "Official Zoning Map of Ordinance #334 Page 3 Arden Hills, Minnesota," which map shall be properly approved and filed in the office of the City Administrator. The shoreland management districts overlay existing zoning districts of the City also shown on the official . zoning map pursuant to this Code and the City of Arden Hills Zoning Ordinance. As indicated in this Section, certain portions of the shorelands in the shoreland management districts are classified "general development lakes," others "natural environment lakes." The map and all of the notations, references and other information shown thereon shall have the same force and effect as if set forth in this Section at length. Subd. 3. Boundaries of Shoreland Management Districts. The boundaries of the shore land management 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 a shoreland management district shown on the official zoning map, for example where there appears to be a conflict between a mapped boundary and actual field conditions, the City Council shall make the necessary interpretation based upon topographic elevations and other available technical data. Persons contesting the location of the shoreland management district boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence. Subd. 4. Permitted Uses. All permitted uses allowed and regulated by the applicable zoning district underlying the shoreland management districts as indicated on the official zoning map of the City shall be permitted in a shoreland management district. Subd. 5. Special Uses. A. All special uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying shoreland management districts as indicated on the official zoning map of the City shall be specially permitted uses therein. B. Although boathouses are permitted in certain zoning districts, subject to certain restrictions, the Commissioner of Natural Resources requires that they be treated as special uses when they are located in shoreland management districts. Accordingly, . boathouses located in shoreland management districts shall be subject to the special use permit procedures contained in this Code and in the City. Subd. 6. Substandard Uses. A. Continuation. Substandard uses or structures within the shoreland management districts which were in existence prior to the enactment of this Chapter shall be allowed to continue. However, any structural alteration, addition, or other modification which increases or extends the substandard conditions shall not be allowed except as permitted by the variance procedure more particularly described in this Chapter. B. Expansion. The expansion, reconstruction, or restoration of a substandard structure shall not be permitted if the cost of expansion, reconstruction, or restoration exceeds fifty (50) percent of the fair market value of the existing structure to be modified. Subd. 7. Nonconforming Uses. No nonconforming use within the shoreland management district shall be expanded or reconstructed except as permitted by this Code or the City of Arden Hills Zoning Ordinance. Subd. 8. Prohibited Uses. Any uses which shall not be permitted or special uses as regulated by the applicable zoning district underlying the shoreland management districts as indicated on the official zoning map of the City shall be prohibited in a shoreland management district. Section 334.04 - District Provisions Subd. 1. District Requirements. The following standards shall apply to all shorelands of the protected waters listed in this Section. Where the requirements of the underlying zoning district as shown on the official . zoning map are more restrictive than those set forth in this Section, then the more restrictive standards shall apply: Ordinance #334 Page 4 . . . Natural Recreational General Environment Development Development Waters Waters Waters Lot area (sq. ft.): Riparian lot 40,000 20,000 14,000 Nonriparian lot 14,000 14,000 14,000 (for R-1 District) 11,000 (for R-2, R-3 and R-4 Districts) Minimum water frontage and width at building line (ft,) 125 75 75 Structure minimum setback from ordinary hiah water mark (ft.) 150 75 50 Structure minimum 40 for R-1, R-2, R-3, and R-4 Districts setbacks from streets 50 far B-1, B-2, and 1-2 Districts and hiohwavs (ft.) 55 for 1-1 District Structure maximum 35 for R-1, R-2, R-3, R-4, B-1, B-2, and 1-1 Districts heiaht (ft.) 45 for 1-2 District Maximum lot area 35 for R-1, R-2, R-3, and R-4 Districts covered by impervious 65 for 1-1 District surface (%) 75 for B-1, B-2, and 1-2 Districts Subd.2. Substandard Lots. Lots of record in the office(s) of the County Recorder and/or Registrar of Tilles prior to the date of enactment of this Chapter which do not meet the requirements may be allowed as building sites provided: A. The use is permitted in the zoning district; B. The lot is in separate ownership from abutting lands; and C. All other sanitary and dimensional requirements of this Chapter are complied with insofar as practical. Subd. 3. Roads and Parking Areas. Roads and parking areas shall be located to retard the runoff of surface waters and nutrients in accordance with the following criteria: A. Where feasible and practical, all roads and parking areas shall meet the setback requirements established for structures of this Chapter. B. In no instance shall these impervious roads or parking surfaces be placed less than fifty (50) feet from the ordinary high water mark. C. Natural vegetation or other natural materials shall be used to screen parking areas when viewed from the water. Subd. 4. Elevation of Lowest Floor. A. Structures shall be placed at an elevation consistent with the City's flood plain management controls as set forth in Chapter 13 of this Code. B. In areas not regulated by flood plain management controls, the elevation to which the lowest floor, including basements, shall be placed shall be determined as follows: Ordinance #334 Page 5 1. For lakes, ponds, and flowages, by (a) an elevation of available flood information and consistent with "Statewide Standards and Criteria for Management of Flood Plain Areas of Minnesota," or (b) placing the lowest floor at a level at least three (3) feet above the highest known water level. In those instances where sufficient data on known high water levels are not available, the ordinary high water mark shall be used. . 2. For streams, by an evaluation of available flood information and consistent with "Statewide Standards and Criteria for Management of Flood Plain Areas of Minnesota." Subd. 5. Exceptions to Structure Setback Requirements. A. Boathouses, Piers, Docks. Setback requirements from the ordinary high water mark shall not apply to boathouses, piers, and docks. Location of piers and docks shall be controlled by applicable State and local regulations. Boathouses may be allowed as a special use provided they are not used for habitation and do not contain sanitary facilities. B. Adjacent Lots. On undeveloped shoreland lots that have two (2) adjacent lots with existing principal structures on both such adjacent lots, any new residential structure may be set back the average setback of the adjacent structures from the ordinary high water mark or fifty (50) feet, whichever is greater, provided all other provisions of the shoreland management districts are complied with. Subd. 6. On-site Sewage Treatment Systems. All permitted uses and special uses within the shoreland management districts shall be served with public sewer. No private on-site sewage treatment systems shall be permitted. Subd. 7. Shore land Alterations. . A. Removal of Natural Vegetation. The removal of natural vegetation shall be restricted to prevent erosion into protected waters, to consume nutrients in the soil, and to preserve shoreland aesthetics. Removal of natural vegetation in the shoreland management districts shall be subject to the following provisions: 1. Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings and other structures when viewed from the water. 2. Clear-cutting of natural vegetation shall be prohibited. 3. Natural vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff and soil erosion. B. Grading and Filling. Grading and filling in shore land management districts or any alteration of the natural topography where the slope of the land is toward a protected water or watercourse leading to a protected water shall only be authorized by a permit. If the amount of grading, excavation, or filling is less than four hundred (400) cubic yards per single parcel or four hundred (400) cubic yards per acre of land, whichever is greater, an administrative permit shall be required. If the amount of grading, excavation, or filling exceeds four hundred (400) cubic yards per acre of land, whichever is greater, a special use permit shall be required. Such permits shall be applied for and approved in accordance with this Code and the City of Arden Hills Zoning Ordinance. Any such permit may be granted subject to the conditions that: 1. The smallest amount of bare ground shall be exposed for as short a time as feasible. . 2. Temporary ground cover, such as mulch, shall be used and permanent ground cover, such as sod, shall be established. Ordinance #334 Page 6 . . . 3. Methods to prevent erosion and trap sediments shall be employed. 4. Fill shall be stabilized to accepted engineering standards, approved by the City engineer. C. Protected WaterlWetlands. Any work which shall change or diminish the course, current or cross section of a protected water or wetland shall be approved by the Commissioner of Natural Resources, and the approval shall be construed to mean the issuance by the Commissioner of Natural Resources of a permit under the procedures of Minnesota Statutes, Section 105.42 and other related statutes. Subd. 8. Subdivisions. No land shall be subdivided which shall be held unsuitable by the City for the proposed use because of fiooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewer access, or any other feature likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. Subd. 9. Planned Unit Developments. Planned unit developments may be permitted in accordance with this Code and the City of Arden Hills Zoning Ordinance, provided that preliminary plans are approved by the Commissioner of Natural Resources prior to their approval by the City, and further provided that: A. Open space is preserved through the use of restrictive deed covenants, public dedications, or other methods. B. The following factors shall be carefully evaluated to ensure the increased density of development shall be consistent with the resource limitations of the protected water: 1. Suitability of the site for the proposed use; 2. Physical and aesthetic impact of increased density; 3. Level of current development: 4. Amount and ownership of undeveloped shoreland; 5. Levels and types of water surface use and public accesses; 6. Possible effects on overall public use. C. Any commercial, recreational, community, or religious facility allowed as part of the planned unit development shall conform to all applicable Federal and State regulations including, but not limited to, the following: 1. Licensing provisions or procedures; 2. Building codes: 3. Safety regulations; 4. Regulations concerning the appropriation and use of "protected waters" as defined by State law: 5. Applicable regulations of the Minnesota Environmental Quality Board. D. The final plan for a planned unit development shall not be modified, amended, repealed, or otherwise altered unless approved in writing by the developer, the municipality, and the commissioner. Ordinance #334 Page 7 E. There shall be centralized shoreline recreation facilities such as beaches, docks and boat . launching facilities. Subd. 10. Variances. Variances shall be processed in accordance with the procedures outlined in the Zoning Ordinance with the impractical standard being applied. Section 334.05 - Administration Subd. 1. Construction Projects; Developments. All applications for building permits, special use permits, variances and planned unit development permits for projects located within shoreland management districts shall be subject to, and administered by, in addition to the provisions of this Chapter, all applicable provisions of this Code and the City of Arden Hills Zoning Ordinance. Subd. 2. Subdivisions. All applications for preliminary and final plats and minor subdivisions located within shoreland management districts shall be subject to, in addition to the provisions of this Chapter, all applicable provisions of this Code and shall be administered as described in this Code. Subd. 3. Notification of the Commissioner of Natural Resources. A. Variances. A copy of any request for a variance to the provisions of this Chapter or plats which propose any lots which require variances to the lot area and dimensional requirements of this Chapter or the notice of a public hearing to consider a special use permit or planned unit development permit shall be sent to the Commissioner of Natural Resources such that notice shall be received by the commissioner at least ten (10) days prior to the hearing or action on the request. B. Amendments. A copy of all amendments to this Chapter and final decisions granting variances or special uses within the shoreland management districts shall be sent to the Commissioner of . Natural Resources within ten (10) days of the amendment or final action. C. Plats. Copies of all plats within the shoreland management districts shall be submitted to the Commissioner of Natural Resources within ten (10) days of final approval by the City. Effective Date: This ordinance shall become effective the day following its publication, Adoption Date: Passed by the City Council of the City of Arden Hills the day of 2002. ATTEST: DENNIS PROBST, MAYOR JOSEPH P. LYNCH, CITY ADMINISTRATOR Publication Date: Published on the of 2002. . Ordinance #334 Page 8 e . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 334 A SUMMARY Of Ordinance No. 334 An Ordinance Adopting Shoreland Management Standards Within The City of Arden Hills On the 14th day of January, 2002, the Arden Hills City Council adopted Ordinance #334, and by affirmative votes pursuant to Minn. Stat. {1412.191, Subd. 4, directed that a summary of the Ordinance be published. The adoption of Arden Hills Ordinance #334 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, 1425 Highway 96, Arden Hills, Minnesota 55112. ATTEST: DENNIS PROBST, MAYOR JOSEPHP. LYNCH, CITY ADMINISTRATOR Publication Date: Published on the of ,2002. RESOLUTION NO. 02-05 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF APPRECIATION TO STEVE ERICKSON WHEREAS, Mr. Steve Erickson has been appointed and reappointed to the Arden Hills Planning Commission; and, WHEREAS, Mr. Erickson served as an active member of the Planning Commission for approximately ten years; and, WHEREAS, Mr. Erickson served as Chair of the Commission for a number of years; and, WHEREAS, Mr. Erickson was actively involved in the development of the TCMP Reuse Plan for the City of Arden Hills; and, WHEREAS, Mr. Erickson has resigned from his position on the Planning Commission after many years of dedicated service; and, WHEREAS, in his long tenure, Mr. Erickson gained the respect and gratitude of those who had the privilege of working with him on the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arden Hills, on behalf of the residents of the City of Arden Hills, expresses its appreciation to Steve Erickson for his dedicated and devoted service on the Arden Hills Planning Commission. Adopted this 14th day of January, 2002. Mayor Dennis Probst Councilmember Beverly Aplikowski Councilmember David Grant Councilmember Gregg Larson Councilmember Lois Rem ATTEST: City Administrator Joe Lynch . . . RESOLUTION NO. 02-06 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF APPRECIATION TO WARREN PAKULSKI WHEREAS, Mr. Warren Pakulski has been appointed to the Arden Hills Planning Commission; and, WHEREAS, Mr. Pakulski has served as an active member of the Planning Commission for the last year; and, WHEREAS, Mr. Pakulski has resigned from his position on the Planning Commission; and, WHEREAS, , Mr. Pakulski gained the respect and gratitude of those who had the privilege of working with him on the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arden Hills, on behalf of the residents of the City of Arden Hills, expresses its appreciation to Warren Pakulski for his dedicated and devoted service on the Arden Hills Planning Commission. Adopted this 14th day of January, 2002. Mayor Dennis Probst Council member Beverly Aplikowski Council member David Grant Council member Gregg Larson Council member Lois Rem ATTEST: City Administrator Joe Lynch RESOLUTION NO. 02-06 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF APPRECIATION TO WARREN PUKULSKI WHEREAS, Mr. Warren Pukulski has been appointed to the Arden Hills Planning Commission; and, WHEREAS, Mr. Pukulski has served as an active member of the Planning Commission for the last year; and, WHEREAS, Mr. Pukulski has resigned from his position on the Planning Commission; and, WHEREAS, , Mr. Pukulski gained the respect and gratitude of those who had the privilege of working with him on the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arden Hills, on behalf of the residents of the City of Arden Hills, expresses its appreciation to Warren Pukulski for his dedicated and devoted service on the Arden Hills Planning Commission. Adopted this 14th day of January, 2002. Mayor Dennis Probst Council member Beverly Aplikowski Councilmember David Grant Councilmember Gregg Larson Councilmember Lois Rem ATTEST: City Administrator Joe Lynch ) ~ ~ EN HILLS . MEMORANDUM TO: Joe Lynch, City Administrator FROM: Terrance Post, City Accountant @ SUBJECT: 621 Foundation Premises Permit Renewal Application DATE: January 11, 2002 e Backl!round On December 6, 2001, the 621 Foundation applied for a charitable gambling premises permit renewal to conduct Class A gambling activities at the Pot 0' Gold Bingo Hall for the period from April 1, 2002, to March 31, 2004. The applicant paid all necessary fees and nothing irregular was noted in background investigation checks for employees with check signing authority. However, with respect to city ordinance trade area spending compliance, staff has identified some issues for Council consideration and discussion. Trade Area Spendinl! Analysis Staff utilized December 1999 to November 2001 as the most recent twenty-four month review period. Within this review period the following table summarizes charitable gambling activities ofthe applicant. 1. Gross Receipts $ 4, I 03,954.50 (100.0% Receipts) 2. Prizes $ 2,990,361.00 (72.9% Receipts) 3. Gross Profit $ 1,113,593.50 (27.1 % Receipts) 4. Allowable Expenses $ 609,861.16 (54.8% Gross Profit) 5. Net Profit Before Taxes $ 705,555.97 (45.2% Gross Profit) 6. Minnesota Gambling Taxes $ 70,555.97 (6.3% Gross Profit) 7. Pull Tab Distributor Tax $ 30,050.41 (2.7% Gross Profit) 8. Net Profit After Taxes (NPAT) $ 403,125.96 (36.2% Gross Profit) . 9. Contribution to Arden Hills $ 37,467.91 (9.3% NPAT) Memorandum: 621 Foundation Premises Permit Renewal Application . January 11,2002 Page 2 10. Non-621 Foundation Trade Area $ 1,000.00 (0.2% NPAT) Spending (Center for Independent Living) 11. Subtotal Trade Area Spending $ 38,467.91 (9.5% NPAT) 12. Lawful Expenses to 621 Foundation $ 363,000.00 (90.0% NPAT) 13. 621 Foundation Expenditures to Support $ 173,795.45 43.17%NPAT) Trade Area Programs Trade Area Spendinl! Issues 1. 10% Contribution to Arden Hills The applicant deducts previous month payments to Arden Hills as a reduction to current month net profit in the same manner as other taxes paid to the State of Minnesota. However, Minnesota Statues 349.123 Subdivision I (Local Regulation) states that such ten percent net profit contributions "is not considered an expenditure to the City nor a tax under Section . 297E.02, and is valid and lawful." Staff is of the opinion that the local ten percent contribution requirement has not totally been met. 2. Ordinance No. 318 Compliance For nineteen (19) of the twenty-four (24) months of this review period, the requirements of Ordinance No. 318 were in effect. Ordinance No. 318 specifies that permitted organizations shall not include expenditures made to itself as satisfying the trade area expenditure requirement. In the case of the applicant, 90% of net profits has been paid to itself. 3. Funding 01621 Foundation Program Activities In reviewing audited financial statements for the applicant for the years ended June 30, 2000, and June 30, 2001, it was noted that, approximately two-thirds of the organization's revenue came from charitable gambling sources and one-third from other sources. The revenues were used to fund program activities and grow the endowment of the organization. To make the case that the organization has satisfied the trade area spending requirement, one would have to assume that 100% of local projects (generally direct grant payments to teachers) are funded exclusively from charitable gambling sources and that all other revenue sources are used solely for endowment growth purposes. . . . . Memorandum: 621 Foundation Premises Permit Renewal Application January 11,2002 Page 3 Recommendation Staff recommends Council approve Resolution No. 02-07 at the January 14, 2002, regular Council meeting conditioned upon applicant willingness to comply with the requirements of Ordinance No. 318 and properly compute the ten percent contribution requirement beginning with the December 2001 tax returns filed with the City. Ene.: A. Premises Permit Renewal Application B. Lease for Bingo Activity C. December 19, 2001, Letter from McCauly to Post D. December 21,2001, Letter from Post to McCauley E. December 1999 to November 2001 Trade Area Spending Analysis Sta te of Minnesota Gambling Control Board Premises Permit Renewal Application For Board Use Only A-\ Amt. Pd Check # .LG214PPR Prin1ed: 9/5/2001 License NumberA-04241-001 Effective Date: 4/1/2000 Expiration Date: 3/31/2002 Name of Organization: 621 Shoreview Found Gamblin!: Premises Information Name of the establishment where gambling will be conducted Pot 0 Gold Bingo 3776 Connelly Ave Arden Hills, MN 55112 County: Ramsey Note: Our records show the premises is located within the city limits 4 rde~ \-10115 Lessor Information Name of the property owner (If different): G-o/<l1 ~fQW Square footage leased per month: Rent paid per month: Square footage leased per bingo occasion: Rent paid per bingo occasion: --300. g, (",4$ 4<j zt. . Bin!:o Activity Our records indicate that Bingo is conducted on these premises. ptease refer to the instructions for required Stora!:e Information 251 NW 5th St E-Z Mini Se New Brighton, MN 55112 Bank Information w",/I~ r:""'!jc Nttrwest BAnI.. MIDDesola NA 1220 W CoRd E Arden Hills, MN 55112 Gambling Bank Account Number: 3970272510 On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling fimds. Name Address City, State, Zip Code Arden Hills, MN 55112 Title Gerald Laurence McCauley 1925 Jerrold Ave Sharron FitzGerald 3970 Evergreen Place Shoreview, MN 55126 Ga..-bi. n . ()'k.......("fOi?.,..., ?~,t c: EO. (\l",cc:,c:. Che~e /I '1<: 0 1C....rf h '-de", ik Acde~ /-1,115, (Y)~.5S '12. CEo (Be sure to complete the reverse side of this application) This form will be made available in alternative fonnat (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back) Acknowledgment Page 2of2 AL Gambling Site Authorization I hereby consent that local law enforcement officers, the board or agents of the board, or the commissioner of revenue or public safety or agents of the conunissioncrs, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. Organization License Authorization I hereby authorize the Gambling Control Board to modify the class of organization license to be consistent with the class of permit being applied fOT. Oath I declare that: 1. I have read this application and aH information submitted to the board is true, accurate, and complete; 7. 2. all other required information has been fully disclosed; 3. I am the chi ef executive officer of the organization; 4. J assume full responsibility for the fair and lawful operation of all activities to be conducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. any changes in application information will be submitted to the board and local unit of government within ten days of the change; and I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. . Signature of the chief executive officer (Designee may not sign) Date Local Unit of Government AcknowledJ!:ment and~roval I '-1~. !v~L.- '.UlliI!l- --11I~-' ~II- "'11I--- _- On behalfofthecity, I hereby acknowledge this application Gi1 Or AfLPLtN 11.-1-\ for lawful gambling activity at the premises located within Prin~n e of city Il fJiJ the city's jurisdiction, and that a res::tlution specifically lJIV.1l11\..b ~ approving or denying the application will be forwarded to l/ r~ the applying organization. Signature of city perronnel receiving application (\1'( pllM5u,llLvt \ 2 ):Jf" I 0 ') Title Date For the townshio: On behalf of the township. I acknowledge that the organization is applying to conduct lawful gambling activity within the township limit'>. Print name of township A township has no statutory authority to approve or deny an application (Minn. Stat sec. 349.213, subd. 2). . Signature of township official receiving application I Title Date For the countv: On behaJfof the county, I hereby acknowledge this application for lawful gambling activity at Print name of county the premises located within the county's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Signature of county personnel receiving application The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation ofyou~ You have the right to refuse to supply the infonnation requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a conge:quence, may refuse to issue you a license. If you supply the information requested, the Board will be able to process your application. Title Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your license. When the Board issues your license, all of the information that you have provided to the Board in the process of applying for your license will become public. If the Board does not issue you a license, all the information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private data about you are available only to /_- Date Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Conunissioners of Administration, Finance. and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or . . . . Minnesota Lawful Gambling LG222 Lease for Bingo Activity Pagel012 0 \ 6/01 I) I Name of Legal Owner of ~remises Street Address City Ii ~te Zip 0: Daytine Phone G6\d,~_ S.,"~Jo".j .::{ 1'/ /, CJJ VlVLeJlv IJ;'Jt; r~/O''L '\."\LJ~ Name of Lessor Street Address City State Zip Daytime Phone (If same 35 legal owner, write in "SAME") '763-78'3-/6% Name of Leased Premises Street Address City Zip D~e Phone Po+- 0 G-~ (d. ?, 77fo CO>1ndl<i ff,-d e~ Uti/ S 5'5//2. 631-17Z'-/ Name of Lessee (name of organization Ie~sing the premises) Organization License Number Daytime Phone IC ?-I 1-0""' d "~, ""'" A-OL/L4/-oo/ {,~i-{,33 - 3 (;;{,5 Rent Information (5) $25 per day for noon hour bingo conducted between Rent for bingo and all other gambling activities conducted 11 :00 a.m. and .2:00 p.m. on a leased premises during a bingo occasion may not exceed: (regardless of the square footage), and the premises (1) $200 per occasion for up to 6,000 square feet; must haVe a license for the sale of intoxicating (2) $300 per occasion.for up to 12,000 square feet; beverages on the premises under chapter 340A. . The total rent may not be based on a percentage of (3) $400 per occasion for more than 12,000 square receipts from lawful gambling or attendance at a feet; bingo occasion. (4) $25 per occasion for bingo conducted at anytime . An organization may not pay rent to itse~ or to any of in a bar (regardless of the square footage) , its affiliates for space used for. the conduct of lawful organization must conduct another form of lawful gamblinQ. gambling, and the premises must serve Intoxicat- Rent to be paid per bingo occasion $ ing liquor or 3.2 percent ma~ beverages; or (~ no rent is to be paid, indicate -0-) Sketch and Dimensions of Leased Area For Premises Pennit Renewal Applications Only: If no Sketch: For all areas being leased for the conduct of changes have been made at the site, you do not have gambling and storage of gambling product at this premises, to complete this section or provide a sketch. attach a sketch (drawing) showing: (1) the leased area(s), and (2) the dimensions. /LIo ' k,O , ~ {'dI21. The leased areas are: feet by feet for a total of square feet. m It"\ U:;' ftoc..OV'K.i:.->~(;1n. 30 feet by 30 feet for a total of 1-,5&0 square feet. ,,,,,,", 1L-"'~ M';;\.",""j'~ feet by feet for a total of I C2..;;<, square feet. ,~ ~ t.I.t:!! c..,.....c:.o..~ _ i.lo.....(.:;. 61...0'\.6- 1">('8'- 3'feer gr a total of Stora2e feet by square feet. -'"(..-t::..-c/i..- c...--r-____ I 5l 1.21:> Storage .. 7 feet by feet for a total of square feet. Combined total 't ' (;; ",$ square feet. , Times and Days of Bingo Occasions Enter bingo days and times below. A bingo occasion must continue for at least 1-1/2 hours (90 minutes) but cannot exceed four (4) consecutive hours, and at least 15 bingo games must be held at each occasion. An organization (as a whoie) may not conduct more than ten (10) bingo occasions each week. Dav Beainnina/Endina Hours Dav Beainnina/Endina Hours Dav Beainnino/Endina Hours ifu..,:, I (; ,;", to J 1.; 0" Fr; l' ; / sP/~ 9:()o fir, to - (\f\ 0"'. 7; IS ell 'i '. 00 Pm F,,\ q: 15 f'l'1to 1/ ; 11" ('''' - to 1'Yl...... q:1 SP"ro II: 00 ft>J Frl' II: 15 to J .' ~o {1M to - f r .&'1 :;z ;ool'fl\ to 4:"", (.l11} Noon Hour Bingo Only Dav BeainninalEndina Hours Dav Beainnina/EndinCl Hours Dav Beoinnina/Endina Hours - to - to - to - to - to - to to Amended Lease ~ this is an amended lease showing changes occurring during the term of the current Only premises perm~. write in the date that the changes will be effective ___L_---1_. Both parties that signed the lease must initial and date all changes. Bingo Activity I I LESSOR PROHIBITIONS I Management of Gambling Prohibited 4. The lessor shall not modify or terminate The owner of the premises or the lessor the lease in whole or in part because will not manage the conduct of gambling the organization reported to a state or at the premises. local law enforcement authority or the Participation as Players Prohibited board the occurrence at the site of The lessor, the lessors immediate family, illegal gambling activity in which the and any agents or gambling employees organization did not participate. of the lessor will not participate as players Other Prohibitions in the conduct of lawful gambling on the 1. The lessor will not impose restrictions premises. on the organization with respect to Illegal Gambling providers (distributors) of gambling- 1. The lessor is aware of the prohibttion related equipment and services or in against illegal gambling in Minnesota the use of net profits for lawful Statutes 609.75, and the penalties for purposes. illegal gambling violations in 2. The lessor, the lessor's immediate Minnesota Rules 7861.0050, subpart family, and any agents or employees 3. of the lessor will not require the 2. To the best of the lessors knowledge, organization to perform any action that would violate statute or rule. the lessor affirms that any and all games or devices located on the 3.lf there is a dispute as to whether any premises are not being used, and are of these lease provisions have been not capable of being used, in a manner violated, the lease will remain in effect that violates the prohibitions a9ainst pending a final determination by the illegal gambling in Minnesota Statutes Compliance Review Group (CRG) of 609.75, and the penalties for illegal the Gambling Control Board. gambling violations in Minnesota 4. The lessor shaH not modify or terminate Rules 7861.0050, subp. 3. this lease in whole or in part due to the 3. Notwithstanding Minnesota Rules lessor's violation of the provisions 7881.0050, subpart 3, an organization listed in this lease. must continue making rent payments, Arbitration Process pursuant to the terms of the lease, ~ the organization or its agents are found The lessor agrees to arbitration when a to be solely responsible for any illegal violation of these lease provisions is gambling conducted at that site that is alleged. The arbitrator shall be the CRG prohibited by Minnesota Rules 7861.0050, subpart 1, or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. LG222 Lease for I BINGO HALL LESSOR When leasing from a licensed bingo hall, the lessor must be the legal owner of the property. I ACCESS TO PERMITTED PREMISES Stale of Minnesota and Law Enforcement The board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. Organization The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. I LESSOR RECORDS MAINTAINED The lessor shall maintain a record of all money received from the organization, and make the record available to the board and its agents, and the commissioners of revenue and publiC safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. I LEASE TERMS The term of this lease agreement will be concurrent with the premises pennrt issued by the Gambling Control Board, unless terminated sooner by mutual consent of the lessor and lessee. Page 2 of 2 6/01 G'7- . . OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets ~ necessary. Any attachments to this lease must be dated and signed by both the lessor and lessee.) The cost of any goods or services that the lessee purchases from the lessor or from a th~d-party vendor pursuant to the items of the lease, including but not limned to trash removal, snow removal, parking lot maintenance, or building maintenance for the bingo leased premises, are contained in or attached to this lease and are valued at their fair market value. This lease is the total and only agreement between the lessor and the organization conducting bingo. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease wi" be submitted to the Gambling Control Board ten days prior to the effective date of the change. . ' . ..~ 1V1c. V (2--3 O( Date S9nature of Organization Official (Lessee) Date e"'....'" I.J... (YIL.CCGV (~ JJ--3-01 Print Name and Title of Lessee Questions on this form should be directed to the Licensing at HlOCJ-627 -3529 and ask to place a call to 651-639-4000. The Section of the Gamb~ng Control Board (Board) at 651-639- information requested on this form will become public 4000. This publication will be made available in allemative information when received by the Board, and will be used to format (I.e. large print, Braille) upon request. Hearing impaired determine your compliance wnh Minnesota statutes and rules individuals using a TTY may call the Minnesota Reiay Service governing lawful gambling activnies. . e e . FredriKson & ~yron 1: 'i'O: .t'I'\UJ:. t.f;') JL.,I.ell'" ~... l/i:.~/VV 83 EXHIBIT B This Exhibit R is an addendum to, and IS hereby incorpordted into and rrade part of, tlult' certain lease agreement by and between __________ ("Les~"), and Goldie K. Siedow ("Lessor"), dated as of_____ .__________ _______..______..________ (the "Lease''), and relating to J 776 Connelly Avenue, Arden Hills, Minnesota (the "Premises") BINGO BALL RULES The followins rules slulll be enforced by Lessor, and by Lessee with respect to Lessee's employees. The fuilul)l of Lessee to follow these rules, or to enforce these rules with respect to Le.see's employees, shaH be cOrulidered a breach of the Lease by Lessee. 1. h&.i;ess to Buildinll. Lessee willlulve. access to the Premises from one hour before until one hour after Lessee's scheduled bingo events. Access at other times may be obtained only with the permission of the Lessor. 2. AcceSS to Office. The door to the office must remain closed and locked at all times during bingo events. 3. El!1plovee_.Par..Iilllg. Lessee IlJld all of Lessee's employees and comractors must park in the designated area in the south end ofthe Premises. '. 4. yniformity. Lessee must coordir<llte bingo programs, package prices, payment of shared supplies and services, and employee dress. Lessee's employees slulll wear black pants (no jeans), black Of white shoes, and a plain white shirt. Vests are optional. Lessee must enfurce the Premises dress code fur its employees. 5. Slookinll.nnd Eating Lessee's employees may rot smoke or eat moals in the bingo area while on duty 6 Cleanins, During lessee's bingo events, or Lessee's designated rental times, Legsee must tnaintain lhe Premises in clean condition, making sllre that the restrooms are clean and stocked with paper products, and cleaning up all spills and or refuse c.aused by Lessee's customers or employees, and further ensuring that all aisles and walking areas in the bingo area and all entries and exits fur the Premises are open and unobstructed, so as to allow Lessee's customer's safe ITovement in and out of the bingo area and lhe Premises. Additionally. during heav)' snowfilll or wet conditions, Lessee shall designate an employee who shall be responsible lor ITllking sure that all entries and exits for the Premises is free-ofsnow and ice, and that the floors in the entries and exits and throughout the Premises where Lessee's customers need to walk to gRin access to the bingo area, are tree of snow, waler, spilled food and other hazards. rrearlKson . Byron 1123/00 1:51: PAGE 3/5 RightfAX 7. l~u.ra""" Lessee must maintain insurance coverage with a reputable insurer liability Insunlt1ce with a minimum liability limit ofSSOO,OOO per occurrence. Lessee shatl name Lessor as a loss insured with respect 10 sllch coverage, shall instruct its lOsurer 10 mail all notices with respect 10 S\tC!1 insurance coverage to Lessor, including, but not limited to any notice of lenninal ion and of renewal ofsllch coventl!t', and shall provi.:le Lessee with evidence that slIch insurance is in toree UP-)II the execution of the Le!ISll. and at any time upon request by Lessor Lessor shall insure the Premises and iu contents against casualTy Iou. 8. Buildinll SecuritY. On all chlys in which LesJee is schWuled 10 have the day's fiTl81 bing<J event, Lusee shalJ desisnate its gambling manager or other employee to be ",sponsible for locking all doors and armins the security system after the last bingo event of the day is completed When requested in advance and scheduled during a time mutually acceptable Ill-Lessor and Lessee, Lessor will provide instruction to Lessee's desigr,ated employ~(s) as to how 10 lock all doors and arm the security system. During all bmgo evems, Lessee must have a security guard present on the Premises. 9. ~nsib~Pal!ieJ! Lessee shall furnish I.essorwilh an up-to-date list of all of Lessee', management personnel and employees wbom Lel>_ has desigltllted to carry oul any of the duties of Lessee pursuant 10 the Lease or lhese Rules, including such management personnel's' and employees' who have'a key 10 the door{s) for the Premises, or who have ~en gtVen the security code for tilt. secunty system for the Premises. or who ha\e. bl/.en given the ~umbination 10 the office SlII\:, and shall include on such list all such management penonnel's' and employees' current homt', addresses, and daytime and evening telephone numben; \0. Televisions. Radios. CD or Casset Players mTeleoho.!ti. Lessee shall not have, and shall not allow its employees or contracton to have, personal televisions, RlId,os, CD or Cassette players, or similar devices, on the Premises dunng binSO events. Additionally, Lessee shall instruel itS employee. and contractora that they may not use the desiST1ated house telephones fur pe.rsonal calls II. ~Iation of Heat and Air Conditionin~ No one other than Lessor or its designated agent shall under any circumstances have access to or change the settings 10 the. thermostat hearing and air conditioning controls for the PremiSll5. Anyone found tampering wilb thl/. control> shall be asked to leave the premises and will not be allowed access to the Premises in the future 12 Darnalle to the Premises and to Propel'\Y. Le5_ is solely reaponsible for any and all damage done to the premises andlor tho: property within lhe Premiiies by lheir employees or InVltees during the Lesiee's desiglll\led bingo ev~nlS and during all limes when Lessee is leasing the Premises. Lessor shell not be responsible tor any 10$S of personal property or damages caused by Lessee or ita invitees. 13. Sism and Notice~ Le:isee shall not place any .igm ur nutices on any walls or other surtilces inside or outside of the Premi3es without the prior consent of Lessor, whlch ~lf- . . . e e. . ~r6driK5cn ~ Byron 1/2~/OO 1:51: PAGE 4/5 RightFAX 6S- consent shall not be unreasonably withheld. Lessor shall have the right to rerrove all signs or notices placed without Lessor's pennission without any prior notice to Lessee at Lessee's expense. Lessee shall post progressive game numbers in a unilbrrn manner. 14. Fire or otner Ha211rd. Lessee shall not do or permit anytrungto be done, ston:d or brought into the Premises by Lessee's employees, contractors or invitees, anything which may in a ny way increase tire or other hazard to the Premises, or othelWise cause Lessor's insurance rates to increase. Lessee shall not do or allow anything to be done to obstruct or inteaere with the rights of other Lessees, or in any way injure or interren: with their quiet enjoyment of the Premises during their designated lease periods. Lessee shall at all times act in confurmity with all safety laws and ordinances, including all such laws and ordinances relatins to fire, hazardous materials, and shall abide by all rules established fur the safet}' and operation of the Premises by the Lessor or any governmental agency or authority. 15. Contractors. Lessee shall refer all contractors, contractor's representatives, installation technicians or other individuals or entities renderins services on Lessee's behalf to Lessor prior to such individuals or entities performing any services within the ?remises or on the parking lot or property upon which the Premises is located. Le:ssee awees to indemnity and hold Lessor harmless from and against all liens or other claims made by any contractors, employees or agents of Lessee fur any services perfunned on the Premises and Lessee agrees to pay such contractor, employees and/or agents when payment is dlle. 16. Lost or Stolen Property. Lessor shall not be responsible for lost or stolen propeny of any kind belongin'g to Lessee, or Lessee's employees, agents, contractors or invitees, regardless of whether any loss of such property occurs wtln the Premises an: OFt'n or locked. 17. Vacated Sessions. In the event that any Lessee i$ unable to perform its lease obligations, the remaining Lessees shall cooperete in maintaining a full bingo schedule of 21 sessions per week. 18. Cancelle<J Sessions. Lessee shall be obligated tq pay Lessor rent for all periods during which Lessee is leasing the Premises, and shall only cancel sessions in the even1 ofa publ1c emergency (i.e. roads closed due to extreme weather). 19. Notice onolention Not to Renew Leese. Lessee shall provide Lessor with notice in writing no later ttlln ninety (90) days prior to 1he expiration of Lessee's lease agreemenl Since 1987 (, 621 FOUNDATION ~~? "Excellence in Public Education through Private Support" ~ L . To: Terry Post, City of Arden Hills CC: Dennis Probst, Mayor; Joe Lynch, City Administrator; Rick Cornell, Treasurer; Marcia Cheney, Chair From: Jerry McCauley, Gambling Manager Date: December 19, 2001 Re: License Pot O'Gold Bingo This memo summarizes our recent telephone conversation regarding license renewal for the 621 Foundation at Pot O'Gold Bingo. I understand from that conversation that while we are not yet on the agenda for Council approval, there are no obstacles to the site license being approved. Though the license is signed by all parties you indicated the license renewal would not be on the December agenda as anticipated. However you have assured me it would be on the agenda in early January. We talked about the city ordinance regarding the level of contributions to be made by our . organization. I understand the new ordinance takes effect upon renewal of our license. Please correct me if this is in error. I understand you seek additional information about the Foundation's financial affairs. With the attention currently required to prepare the City budget, it has been difficult for you and Rick Cornell, the Foundation treasurer, to talk directly about the needed information. Be assured, Mr. Cornell and the Foundation would be pleased to provide you whatever data you need regarding our financial contributions. Please send Mr. Cornell information specifically outlining the requested data. His address is rick.comell@c-k-k-s.com or CKKS, 3570 Lexington Avenue North, Suite 300, Shoreview, 55126. If Mr. Cornell or I do not hear from you by January 4, 2002, I trust you have everything you need. The Foundation expects to see the license on the Council agenda as you have indicated during early January. I will continue to work with you during the coming weeks as we move through the licensing process. Please call me with any questions or concerns. . 1 Serving the communities and school.s of . .. Arden Hills _ Mounds View _ New Brighton _ North Oaks _ Rosevdle _ Shorevlew _ VadnaiS Heights 2959 Hamline Ave N. St. Paul MN 55113 " . . . ~ ~~HILLS ~\ December 21,2001 Mr. Jerry McCauley 621 Foundation Gambling Manager 1925 Jerrold Avenue Arden Hills, MN 55112-7945 RE: 621 Foundation Premises Permit Renewal Dear Mr. McCauley: In regards to your memorandum of December 21, 2001, please let me respond to some of the points you raised. 1. "There are no obstacles to the site license being approved. " I do not believe this statement captures the gist of our phone conversation. In fact, compliance with ordinance trade area spending requirements does remain an issue to be resolved. 2. "You assured me it would be on the agenda in early January. " Staff will make every effort to have this be a January 14, 2002, agenda item although the fallback is the January 28, 2002, Regular City Council meeting. You may recall that the current premises permit upon which you operate at the Pot O'Gold was approved January 31,2000, for the period from April 1, 2000 to March 31, 2002. 3. "I understand the new ordinance takes effect upon renewal of our license. " The ordinance to which you refer, #318, was passed by the Arden Hills City Council on April 24, 2000, and was effective the day following its publication in the city's official newspaper (May 3, 2000). Clearly it was in effect for most of the trade area spending requirement review period. 4. "You seek additional information about the foundation's financial affairs. " The twenty-four (24) month trade area review period is from December, 1999 to November, 2001. Ordinance #318 language was in effect for nineteen of the twenty-four months of this period. The enclosed schedules identifies what the minimum forty (40) City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN · 55112.5794 Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.mn.ns , . . . . Mr. Jerry McCaurey December 21, 2001 Page 2 percent (utilizing the 10% contribution to the City of Arden Hills as part of the trade area) remaining trade area spending requirement was. I believe the objective of the organization to improve the learning environment for students of Independent School District No. 621 generally satisfies the spirit of the ordinance. However, another objective of the foundation is to grow its endowment. This activity does not appear to meet the spirit of the ordinance. 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CITY OF ARDEN HILLS RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION NO. 02-07 RESOLUTION APPROVING 621 FOUNDATION CHARITABLE GAMBLING BINGO HALL PREMISES PERMIT RENEWAL APPLICATION THEREFORE, BE IT RESOLVED, that the City of Arden Hills agrees to approve the Bingo Hall Premises Permit renewal application at the Arden Hills Bingo Hall (Pot-O-Gold) from 621 Foundation at 3776 Connelly, Arden Hills, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 14th DAY OF JANUARY, 2002. DENNIS PROBST, MAYOR ATTEST: JOSEPHP. LYNCH, CITY ADMINISTRATOR 1 . . . URS MEMORANDUM BRW Thresher Square 700 Third Street South Minneapolis, MN 55415 Phone: (6]2) 370-0700 Fax: (612) 370-1378 To: Joe Lynch/Arden Hills City Administrator File: 37951-018-0101 From: Gregory S. Brown Arden Hills City Engineer Date: January 9, 2002 Subject: Water Main Improvement Project, Old highway 10/ Arden Manor Park Improvements Background The City of Arden Hills awarded Dave Perkins Contracting, Inc. of Ramsey, Minnesota the Water Main Improvements, Old Highway 10 and Arden Manor Park Improvements project on September 11,2000 for a total contract amount of$227,828.00. Three payments have been made for a total of $206,787.45. Project Status With the exception of some minor punchlist items (sod restoration areas), the Contractor has completed all contract items. The Contractor has been slow to address the final punchlist items and has missed the fall window for sod placement. During the course of the project, the Contractor performed work outside the contract including removal of buried concrete rubble and some minor grading and fill in yards at the request of residents and with the approval of the Engineer. The City Engineer estimates the value of the additional work to be approximately $1,000.00. The City Engineer estimates the cost to the City to complete the minor sod repair work to be approximately $500.00. City employees could complete this work along with their plow damage repairs in the spring. Due to lack of progress completing the punchlist items on the Contractor's part, the City Engineer proposed to the Contractor to forfeit the claim for $1,000.00 of additional work in lieu of closing out tbe contract at this time with no requirement to complete the remaining punchlist items. The Contractor has agreed to this proposaL Recommendation The Arden Hills City Engineer recommends the Council approve Payment #4 (Final Payment) to Dave Perkins Contracting, Inc. for $20,368.00. The final payment reflects the release of all retainage. The final contract cost for the project is $227,155.45. Final payment will not be released until the Contractor has supplied Lien Waivers from all sub-contractors. cc: Thomas Moore/City of Arden Hills Terry Post/City of Arden Hills JAN-09-2002 12:10 BRW 512 373 5525 P.02/05 APPLICATION FOR PAYMENT PAYMENT NO, 4 l' Project: Water Main Improvements Project, Old Highway 10 Arden Manor Park Improvements City of Arden Hills e Owner: Owner No.: Contractor: DAVE PERKINS CONTRACTING INC. 3795J.018-0101 FINAL PAYMENT BRW Job No.: Application Date: For Period Ending: 1(14(02 1/4/02 Original Contract Amount Contract Amendments: Contract Amount To Date: Total Amount of Work Complete To Dare: Material Suitably Stored On-Site but not Incorporated into Work; Gross Amount Due To-Date: Less 0.00% Retainage: Amount Due To-Date: Less Previous Payments: Total Due This Application: $227,828.00 $0.00 $227,828.00 $227,155.45 $0.00 $227,155.45 $0.00 $227,155.45 $206,787.45 $20,368.00 I hereby certify that all items and amounts shown are correct for the work completed to- date. Contractor: DAVE PERKINS CONTRACTING INC. By: Date: e The work on this project and the application for payment have been reviewed and the amount shown is recommended for payment. BRW, Inc. By: Date: //C:>'?/6~ APPROVED FOR PAYMENT Owner: City of Arden Hills By: Date: . Page 1 of 5" \ JAN-09-2002 12: 11 BRW 512 373 5525 P.03/05 Payment History . Payment Payment Payment Applioation No. End-Date Dale Amount 1 11/3/00 11/13/00 $87,110.25 2 1/5/01 1/29/01 $44,257.67 3 8/28/01 9/5/01 $75,419.53 Total Payments: $206.767.45 .. . Page 2 of 5 JAN-09-2002 12: 11 BRW 512 373 5525 P.04/05 { Application for Payment: Itemization Schedule: A - WATER MAIN IMPROVEMENTS tit Unit Contract Contract To-Data j o-DBle No. Item Unit Price QU8nllty Amount Quantity Amount 1 IRRIGATION SPRINKLER HEADS EA $25.00 50.00 $1,250.00 0.00 $0.00 0000.000 2 IRRIGATION SYSTEM L~ $3,00 300.00 $~OO. 00 0.00 SO.OO 0000,000 3 MOBILIZATION LS $3.500.00 1.00 $3.500.00 1.00 $3,500.00 21121.51)1 4 REMOVE ORIVEWAY CULVERT LF $10,00 664.00 58,1340.00 72e.OO S7.2BO.00 :?lO~60\ 5 SALVAGE ANO REINSTAlL MAil BOX EA $50.00 18.00 $~OO.OO 0.00 $0.00 Zll'~,505 6 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY $3.00 746.00 $2.23B.00 692.00 $2,076.00 211'...~o.:; 7 REMOVE CONCRETE ORIVEWAY PAVEMENT SY S5.00 125.00 $625,00 256.00 $1.2BO.00 210<1.505 8 CLEARING AND GRUBBING TREE S450.00 6.00 $2.700.00 3.00 $1.35000 21<15.502 9 COMMON BORROW CY $6.00 1,800.00 S10.800.00 1,133.34 $6,600.04 iil\Q~.5Z2' 10 SITE RESTORATION LS $3,500.00 1.00 $30500.00 1.00 $3.500.00 21Q5.$01 11 STREET SWEEPER {WITH PICKUP BROOM) HR $150.00 5.00 $750.00 0.00 SO.OO 21<:3.601 12 BITUMINOUS DRIVEWAY PAVEMENT SY $29.00 746.00 $21.634.00 730.79 $21.192.91 23<10.521 . 13 CONCREr!' ORIVEWAY PAVEMENT Sy $46.00 125.00 $5.750.00 256.00 $11.776.00 2340~21 14 12" HOPE DAAINAGE CUlVERT LF $15.00 664,00 $9,960.00 578.00 $8,67000 ~5UI.~1l 15 li" ACP PIPE APRON WITH TRASH GUARD EA $2,200.00 1.00 $2,200.00 1.00 $2,200.00 2\i01,\i1S 16 12' CMP FES EA $75.00 30.00 $2.250.00 16.00 S1.200.00 260Ulfj 17 OIRECTIDNAL BORING B" PEP WATER MAIN LF $65.00 200.00 $13.000,00 245,00 $15.925.00 2S0J.$~1 16 3e'RCP LF $82.00 30.00 $2.460.00 40.00 $3,280.00 2S0J.S41 19 8' PVC WATER MAIN L~ $22.00 2.900.00 $83.800.00 2.736.00 $60.192.00 2S03.503 20 8' PVC WATER MAIN LF $25.00 50.00 $1,250,00 34.00 S850.00 2S0J.!l:03 21 l' PVC SERVICE WITH CUAB STOP EA $750.00 19.00 $14,250.00 16.00 513.500.00 2503.8,03 22 HYO~ANT WITH 6' GATE VALVE EA $1.700.00 5.00 $8,500.00 5.21 $8.857.00 i:"'4,~C2 23 CONNECT TO EXISTING WATER MAIN EA $1.200.00 2.00 52.400.00 2.00 $2,40000 2,S04.00::l' 24 DIP FITTlNG5 LB $3.00 660.00 $2,040.00 757,00 $2.271.00 250~"~O2 25 8' GATE VALVE EA $650.00 4.00 $2,600,00 400 S2, 600. 00 2504.602 26 AlP RAP, CLA55 III CY $95.00 10.00 $950.00 20.00 $1,900.00 . ~.sll.$O\ Page::3 of 5 JAN-09-2002 12: 11 BRIJ 612 373 6526 P.05/06 Unil Contract Contract To-Oa.le To.Date No. 118m Unll Price QUBntity Arno unt Quantity Amount .7 SILT fENCE TYPE HEAVY DUTY IF $300 500.00 $1,500,00 0.00 $0.00 257:).~O2 e 2B SOD WITH ," TOPSOil SY $2.50 4,500.00 $1 I .2,0.OD 6,901,00 $17,252.50 2515.501 29 SEEDING AC S' .500.00 0.50 $750.00 (lAD S600.00 2575.505 Subtotal: S200.347.00 S200,,52.45 Schedule: B. ARDEN MANOR PARK IMPROVEMENTS Unit Contra!:t Con1ract To~Ol\te- To-DlIte No. 118m Unit PrIce Quantity AmQunt Ol.l8r'1tity Amount 1 MOBILIZATION L.S $500.00 1.00 $500.00 1.00 $500.00 a021.501 2 BlTUMINOU5 ORIVEWAY '" BY 51B.00 470.00 $6,460.00 414,00 57,452.00 2340.52\ 3 B'XB' WOOO BOLLA AD EA $150.00 4.00 $600.00 MO $600.00 i1S4M02 4 FALL GOLO ASH, 3" CAL, 8&8 TREE $550.00 3.00 $1,OW.00 3.00 $1.650.00 257\,503 S SWAMP WHITE OAK. 3' CAL, 8&8 TREE $575.00 3.00 $1.725.00 3.00 $1.72500 2571.503 6 CRIMSON KING MAPLE. 3" CAL. 8&B TREE $650.00 4.00 $2.600.00 4.0D $2.600.00 257\.503 7 SOO WITH " TOPSOIL BY $2.50 2,000.00 $MOO.OO 2.000.00 55.000.00 2575.501 B 10' GAL VANlZEO CHAINLlNK fENCE. 9 GA LF $23.00 302.00 $6.946,00 312.00 $7.176.00 :1376.602 . Subtotal: $27.4B1.00 $>6.703 00 Grand Total: $227.82B.00 $227.155.45 e Page 4 oj 5 JAN-09-2002 12:11 BRW 512 373 5525 P.05/05 Application for Payment: Itemization Summary Contract To-Date Amount of Schedule Amount Work Completed e A - WATER MAIN IMPROVEMENTS $200.347.00 $200.452.45 B. ARDEN MANOR PARK IMPROVEMENTS $27.481.00 $26.703.00 Grand Total: $227.828.00 $227,155.45 . . FEIge 50'5 TOTAL P.05 . . . . . ~ ~~ILLS CITY OF ARDEN HILLS MEMORANDUM DATE: January 10, 2001 TO: Mayor and City Council Joe Lynch, City Administrator Aaron Parrish, City Planner re Ramsey County Public Works Facility Letter FROM: SUBJECT: Attached is a letter from the Mayor and City Council to Ramsey County regarding the proposed Public Works Facility. The letter was mailed for Council review on January 4, 2002. At this time, no comments have been received. It is hoped that the letter can be signed at the January 14,2001 City Council meeting so the City's perspective can be provided to the County as early as possible in their planning process. Please feel free to contact me if you should haye any questions. Thank you for your time and consideration. . ~ ~~HILLS January 14, 2002 Ramsey County Board Of Commissioners 220 Court House 15 West Kellogg Blvd. St Paul, MN 55102 Dear Commissioners, Congratulations on your recent decision to move forward with construction of a new public works facility on the arsenal property. As you are aware, the City of Arden Hills is interested in partnering with you on this project to meet our own public works space needs. Toward that end, this letter should serve to communicate our interest in being part of the planning process for the new facility and outline our expectations as it relates to the development of the property. Specific areas of consideration are outlined below: . Zoning The property currently contemplated for the facility has a "Civic Center" zoning designation. Generally speaking, the Civic Center zoning district has several provisions that are not compatible with the project currently being considered. The following purpose statements for the district are illustrative: · To bring forth a government center that would integrate Sunfish Lake with a civic campus and commercial area, and create a gathering/activity place that is unified in purpose, design and use. . To require strict development standards and building materials to create a high quality civic environment. · To encourage arrangement of uses that are mutually supportive and have similar requirements for vehicular and pedestrian accessibility and exposure. Additionally, there are certain specific requirements of the "Civic Center" zoning district that will impact project planning including: . · The outdoor storage of equipment, vehicles, and materials is explicitly prohibited. Further, this particular zoning district requires that any type of City of Arden Hills . 1245 ~7est Highway 96 . Arden Hills; MN . S5112~5794 2 Phone 651.634.5120 . Fax 651.634.5137 . www.ci.ardell-hills.mn.lls Letter to Ramsey County Board of Commissioners January 14, 2002 Page 2 of 4 storage associated with a use must be fully contained within a primary or accessory building and materials used in "staging areas" must not remain on ground for more than twenty-four (24) hours. . . There are several screening requirements including: > Special attention to screening from roadways. Screening along Highway 96 must be consistent in appearance and materials. > Overhead garage doors, large parking lots, mechanical utilities and other such items must be properly screened. . Exterior building materials shall be of brick, stone, glass or any combination thereof, except trim and accessories may be metal. Please note Attachment A that further outlines the requirements of the Civic Center Zoning District. After reviewing the requirements, you can see that there are several practical impediments for the project from a zoning perspective. However, it is anticipated that these issues can be resolved. From our perspective, the most important issues relate to outdoor storage; the quality of building design and materials; lighting; and landscaping. Procedurally, it will be necessary for the County to obtain a Special Use Permit for the facility. This will allow both the City and the County to mitigate any conflicts inherent in this type of land use. Accordingly, all activities on the property would then be conducted in accordance with provisions of the Special Use Permit. In addition, if the County cannot meet some of the specific requirements of the Civic Center zoning district, the City would encourage the County to submit an application for a Planned Unit Development. . Design Since this building represents a significant long term investment on the part of the County, we would encourage particular attention to building design. The City would also encourage cooperative, coordinated pre-design and site layout that accommodates the use while preserving the natural features of the site. As reflected above, the City encourages the use of high quality exterior building materials consistent with the Civic Center zoning district. Finally, it is hoped that the design and planning of the project are done to accommodate all participants. Process . The City of Arden Hills expects to be integrally involved in site planning and building design activities. . It is expected that the County will utilize a participatory process communicating often and clearly with interested organizations and impacted neighbors. . , Letter to Ramsey County Board of Commissioners January 14, 2002 Page 3 of 4 . Building Use and Access Given the potential for cooperative facility planning, the City would like to clarify expectations with regard to use and access of the facility. While many things still need to be defined, the City would encourage the County to be flexible on the availability and use of the facility. As a partner, the City would anticipate full access to the site and buildings in accordance with any and all agreed upon security and safety procedures. In appropriate circumstances, we would also anticipate that collocation of facilities would also provide a basis for cooperative exchange for services that are otherwise not provided. Financial Considerations As potential partners, both the City and the County need to clearly define their expectations of one another particularly as it relates to project financing. Of course, it goes without saying that both City and County costs need to be clearly identified as early as possible. Adhering to a clearly established time frame and schedule for project financing, payments, changes, and collections will ensure that the project proceeds in an efficient manner. . It is also important for the County to be willing to work within the confines of municipal finance. Currently, municipalities are statutorily prohibited from using the Design/Build process for constructing buildings. This will need to be taken into consideration as the project and project financing are further refined. As an indication of our interest and commitment to the project, the City Council has also agreed that we would like to financially participate in the pre-design process. Summary With thoughtful consideration given to planning, design, the process, and financing of the Ramsey County Public Works facility, we are certain that a project can be developed that is mutually beneficial to all involved. Please feel free to contact City Administrator Joe Lynch at 651-634-5120, or bye-mail at ioe.lvnch@cLarden-hills.mn.us as project planning begins to take place. For your reference, the City will be establishing a Public Works Facility Task Force to address the project particularly as it relates to Arden Hills' involvement and facility needs. We would be happy to meet with the Board if there are additional questions and issues that need to be addressed. Once again, we look forward to the planning, construction, and completion of a successful project. Thank you for your time and consideration. . , Letter to Ramsey County Board 01 Commissioners January 14, 2002 Page 4 014 Sincerely, . Mayor Dennis Probst Councilmember Beverly Aplikowski Council member David Grant Councilmember Gregg Larson Council member Lois Rem CC: Paul Kirkwold, Ramsey County Manager Ken Haider, Ramsey County Director of Public Works . .