HomeMy WebLinkAboutCCP 07-29-2002
~
~HILLS
Arden Hills City Council
REGULAR
Jul 29,2002
City Philosophy
To rovide a basic and necessa sea e of uality services through the innovative and
Mayor
Dennis Probst
Council Members
Beverly Aplikowski
David Grant
Gregg Larson
Lois Rem
Monda
1245 W. Highway 96
Arden Hills, Minnesota
55112
651.634.5120
U oseful use of resources.
Agenda
City Council Meeting Convenes 7:00 PM
Call to Order
1. AGENDA
2. MINUTES
A. July 8, 2002 Council Meeting
B. July 15,2002 Council Work Session
3. CONSENT CALENDAR
A. Claims and Payroll
4. PUBLIC INQmRIES/INFORMATIONAL
5. PUBLIC HEARINGS
A. Assessment Hearing: Hunters Court &
Waldon Place
B. Resolution No. 02-34 Adopting the 2002
PMP Assessment Role for Hunters Court
and Waldon Place
C. Resolution No. 02-36 Awarding 2002 PMP
Bid for Hunters Court & Waldon Place
7:00
Those items listed under the Consent Calendar are
considered to be routine by the City Council and will be
enacted by one motion under a Consent Calendar format.
There will be no separate discussion of these items,
unless a Council Member so requests, in which event. the
item will be removed from the general order of business
and considered separately in its normal sequence on the
agenda.
Public InquirieslInformational is an opportunity for
citizens to bring to the Council's attention any items not
currently on the agenda. In addressing the Council,
please state your name and address for the record, and a
brief sununary 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 docwnents may
be distributed to the Council prior to the meeting, or as
bench copies, to allow a more timely presentation.
Greg Brown
Greg Brown
Greg Brown
Arden Hills City Conncil Agenda
July 29,2002
Pa2e 2
6. FINANCE Terry Post
7. COMMUNITY SERVICES
A. Planning Case 02-14: Gosrud - Final Plat Aaron Parrish
B. Planning Case 02-15: Berndt - Special Use
Permit
C. Planning Case 02-16: North Heights
Lutheran Church - Sign Standard
Adjustment
D. Planning Case 02-17: Fertig-
Variance/Setback
E. Planning Case 02-19: Tramm Builders-
Concept Plan
F. Planning Case 02-04: Subdivision
Regulations
G. Local Stormwater Management Plan
Approval
8. OPERATIONS AND MAINTENANCE Thomas Moore
9. CITY ADMINISTRATOR'S REPORT
A. Report: TCAAP Washington D.C. Joe Lynch
B. Sl. Katherine's Ukrainian Orthodox
Church Charitable Gambling Premises
Permit Renewal Resolution No. 02-35
CITY COUNCIL REPORTS
A. Council Member Grant
B. Council Member Larson
C. Council Member Aplikowski
D. Council Member Rem
E. Mayor Probst
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JUL-25-2002 12,59PM
Fax Call Report
Job Date Time Type Identification Duration Pages Result
395 7/25/2002 12,50,56PM Send 9,7634219511 1124 2 OK
396 7/25/2002 12,5225PM Send 9,6516286833 1,11 2 OK
397 7/25/2002 125342PM Send 9,7637060891 0,52 2 OK
398 7/25/2002 12:54:39PM Send 9,6516333846 1119 2 OK
399 7/25/2002 12:56:04PM Send 9,6512282191 1,lS 2 OK
400 7/25/2002 12:57:28PM Send 9,6512279371 0,48 2 OK
401 7/25/2002 12,5S:21PM Send 9,6514821262 0,55 2 OK
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"1'\~ HILLS
MEETING MINUTES
DRAFT
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
MONDAY, JULY 8, 2002, 7:00 P.M.
CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96
CALL TO ORDER
Mayor Dennis Probst called to order the special portion of the City Council
meeting at 6:05 p.m.
Present:
Mayor Dennis Probst, Council Members Beverly Aplikowski,
David Grant, and Council Member Rem (6:10 p.m.)
Absent:
Council Member Gregg Larson (with prior notice).
Also present were City Administrator, Joe Lynch; Operations and
Maintenance Director, Tom Moore; City Treasurer, Terry Post; City
Attorney, Jerry Filla; and Jim Prosser from Ehlers and Associates.
Administrator Lynch gave a brief overview of the agenda for the special meeting
indicating a desire to go through the interim development agreement and attend to
a short presentation from Jim Prosser of Ehlers and Associates.
Council Member Rem arrived at 6: 10 p.m.
Jim Prosser of Ehlers and Associates gave a presentation of the TCAAP project
management.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JULY 8, 2002
2
.
He reviewed the four steps necessary as the cornerstones of the public process.
1. Communicate the problem
2. Communicate the process
3. Communicate the options
4. Communicate the solution(s)
He then reviewed the role of the elected officials and the potential communication
plan including several outlets for information.
At the end of the presentation Mr. Prosser indicated he would answer questions of
the City Council. Council indicated they would prefer to discuss the subject
further at the July 15,2002 City Council Work Session.
Interim Development A!!reement
Administrator Lynch reviewed the background and the work that has gone into the
development agreement thus far.
Attorney Filla reviewed the document, noting particular items, and also gave
background on issues to the City Council. Filla reviewed the following: Land
transfer, environmental analysis, land use and infrastructure plan, the negotiation
of a disposition and development agreement and cost reimbursement. Filla did
note the particular section containing cost reimbursement and inclusion of travel
when requested or necessitated by the consultant.
.
Mayor Probst inquired about the termination section. He noted that the cost of the
data was absent. He would like to have identified which data would be considered
for reimbursement and which data would not. He also inquired as to what is the
exposure of the City on data retention.
Council Member Grant commented that he had specific changes he would like to
see made to the document, but did not think there would be enough time to go
through those changes during the course of the special meeting.
Attorney Filla commented that the comments and changes should be made through
Administrator Lynch, and reiterated to the Council to alert staff if the document
does not seem to be headed in the right direction. .
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JULY 8, 2002
3
.
Jeff Knutson, Attorney for Rehbein Companies, addressed the Council. He
indicated the goal of the document was to identifY common areas and tasks and
reasons for departure from those common goals. He expressed the document could
not possibly identifY all aspects. However, it does represent a clear understanding
of roles, and indicated that Rehbein Company was comfortable with the document.
Mayor Probst noted the obligations for the developer on negotiations indicated
they were in the lead, and he wanted it noted that he did not want the developer
out in front of the City on issues. He stated he wanted to see language to the effect
that allowed the City to be more directly in control of negotiations.
Attorney Knutson indicated that the development team and the City had been
meeting over the last six weeks to discuss this, and the development team certainly
did not want to represent the City without communication and understanding of
their position.
.
Council Member Rem noted in the first section on approvals that there were
agencies such as the Environmental Protection Agency, the Minnesota Pollution
Control Agency, and others that were not noted for approvals. She inquired if the
development team was going to seek those approvals.
Attorney Knutson responded that the development team, along with the City, will
meet with all of the stakeholders and decision makers, and seek and obtain their
approval.
Council Member Rem inquired about the note for cost reimbursements on page 7
and inquired about the administrative costs.
Administrator Lynch responded that the administrative costs would include either
a portion of staff time or project manager costs. This would be identified in the
budget being brought forward by the City.
Mayor Probst reminded the Council that the development team is anxiously
awaiting a time frame and they should attempt to get this document settled. He
suggested that further discussion and work could be done on the document at the
. July 15,2002 Work Session.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JULY 8, 2002
4
.
Council Member Grant concurred with the Mayor and indicated that he would like
to discuss his points with Attorney Filla and would also encourage discussion at
the July 15,2002 Work Session.
Attorney Filla inquired of Council Member Grant what the issues were and also
are they issues that all Council members could agree to and also would the
developer agree with the changes.
Council Member Rem indicated that Appendix D is not included and it needs to be
because it talks about data and information, and would be more clearly outlined
what exposure the City would have for termination.
Council Member Aplikowski indicated she had no particular Issues with the
agreement, but did inquire about what little things are issues.
Council Member Grant indicated that the completion and approval of the
document at the July 29, 2002 Regular City Council Meeting may not be practical. .
He said he would like to see more time taken in consideration of this document.
Mayor Probst indicated that the Council should identify those issues and try to
achieve resolution before the end of July.
Council Member Grant noted that Council Member Larson was not in attendance
and did not know what his comments were regarding the document, stating
discussion at the July 15,2002 Work Session, would allow him to comment.
Attorney Knutson indicated the developer was going forward on a good faith
effort based on the relationship with staff and indicatiing the City Council is
comfortable with the direction the developer is taking.
Mayor Probst indicated his sense was that the Council is comfortable with the
direction, but they need to confirm that the agreement contains all the proper
language.
Council Member Rem commented on a letter dated June 27, 2002 indicating
Rehbein Company was an agent for the City. .
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JULY 8, 2002
5
Administrator Lynch responded that the letter was sent primarily to Mike Fix to
allow Rehbein to have access to the facility to begin further investigation and
characterization of any environmental concerns.
Attorney Filla inquired about the Council's understanding that the base document
that is to be used is the one that is before the City Council tonight and on a going
forward basis, changes will be made to that document.
Mayor Probst indicated that it is his sense that the Council agrees that this is the
base document. All comments and changes are to be sent to Administrator Lynch
by Thursday to be included in the packet. Council is targeting the July 29, 2002
Regular City Council meeting for action on this document.
ADJOURN
Mayor Probst adjourned the special portion of the meeting at 7: 10 p.m.
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor Dennis Probst called to order
the Regular City Council meeting at 7:18 p.m.
Present:
Mayor Dennis Probst, Council Members Beverly Aplikowski,
David Grant, and Council Member Rem.
Absent:
Council Member Gregg Larson.
Also present were Administrator, Joe Lynch; Director of Community
Services, Aaron Parrish; Accountant, Terry Post; Director of Operations and
Maintenance, Tom Moore; City Engineer, Greg Brown, and Recording
Secretary, Kathleen Altman.
1. APPROVAL OF MEETING AGENDA
Council Member Grant requested Item 3C be moved to item 48.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
mL Y 8, 2002
6
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MOTION: Council Member Aplikowski moved and Council Member Rem
seconded a motion to adopt the amended agenda for the July 8, 2002,
Regular City Council meeting. The motion carried unanimously (4-0).
2. APPROVAL OF MINUTES
A. June 24, 2002 Council Meeting
Council Member Grant requested the following changes: Page 5, 4th paragraph,
second sentence to read: "He asked what the total amount of program shortage
was."
Council Member Rem requested the following changes: Page 2, first paragraph,
change Carson to Carlson. and change Craig Brown to Greg Brown. Page 3,
consent calendar motion remove the word "amended". Page 4, first motion, add
the motion carried unanimously (5-0). Page 9, 3rd paragraph should read: "Mr.
Lynch stated this would be the first reading of the Ordinance and would be
brought back to Council for the next City Council meeting for a second reading". .
MOTION: Council Member Aplikowski moved and Council Member Rem
seconded a motion to approve the June 24, 2002 Council Meeting as
amended. The motion carried unanimously (4-0).
3. CONSENT CALENDAR
A. Claims and Payroll.
B. Fertilizer Ordinance
C. Resolution No. 02 32 /. Resolution "^.uthorizing Advertisement for Public
Improvements; 2002 Sanitarj Se'.Yer and Water Main Rehabilitation Project
and 2002 Drainage Improvement Project
MOTION: Council Member Grant moved and Council Member Aplikowski
seconded a motion to approve the Amended Consent Calendar and
authorize execution of all necessary documents contained therein.
The motion carried unanimously (4-0).
4.
PUBLIC INQUIRIES/INFORMATIONAL
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUL Y 8, 2002
7
None.
A. Resolution No. 02-33 Approving Trinity Lutheran Annual Exempt
Gambling Permit.
Administrator Lynch stated the City had received an application for applicant's
annual Exempt Gambling Permit for a charitable gambling event to be held
September 14, 2002 on their property. Staffrecommended approving applicant's
request.
MOTION: Council Member Grant moved and Council Member Aplikowski
seconded a motion to approve the Resolution No. 02-33 Approving
Trinity Lutheran Annual Exempt Gambling Permit. The motion
carried unanimously (4-0).
B.
Resolution No. 02-32 A Resolution Authorizing Advertisement for
Public Improvements: 2002 Sanitary Sewer and Water Main
Rehabilitation Project and 2002 Drainage Improvement Project
City Engineer Brown summarized the 2002 Sanitary Sewer and Water Main
Rehabilitation Project and the 2002 Storm Drainage Improvements projects.
The Director of Operations and Maintenance Moore identified the need for future
water main repairs. He stated staff supported this project.
MOTION: Council Member Aplikowski moved and Council Member Grant
seconded a motion to approve Resolution No. 02-32 A Resolution
Authorizing Advertisement for Public Improvements: 2002 Sanitary
Sewer and Water Main Rehabilitation Project and 2002 Drainage
Improvement Project. The motion carried unanimously (4-0).
5. PUBLIC HEARINGS
None.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JULY 8, 2002
8
.
6. FINANCE
None.
7. COMMUNITY SERVICE
None.
8. OPERATIONS AND MAINTENANCE
None.
9. CITY ADMINISTRATOR'S REPORT
Administrator Lynch stated the next TCAAP Open House to discuss
environmental restoration would be July 10,2002 at 7:00 p.m. at the City Hall.
Administrator Lynch said if Council wanted to review further budget items, to .
forward those requests to him.
10. CITY COUNCIL REPORTS
Council Member Grant updated Council on the recent Maintenance Facility Task
Force meeting. He suggested the City Task Force meet with the County Task
Force to discuss issues and concerns. Mayor Probst requested Council be notified
when the next Maintenance Facility Task Force meeting was scheduled.
Council Member Aplikowski stated the Events Committee was having their last
"Day in the Park - 2002" meeting this week. She requested Council decide in the
near future what type of a future Day in the Park they wanted.
Council Member Rem stated she would attend the two upcoming TCAAP
meetings. She stated National Night Out was scheduled for Tuesday, August 6,
2002.
Mayor Probst requested Council make a decision as to which Council members
would be attending the Washington D.C. meetings next week. After discussion, .
.
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUL Y 8, 2002
9
Council decided Mayor Probst and Administrator Lynch would attend the
meetings and contact Council Member Larson to see if he was interested in
attending, as well.
Mayor Probst requested if Council Members were looking for research from staff,
that those requests be requested at the Council Meetings or Work Sessions.
ADJOURN
Mayor Probst adjourned the Regular City Council meeting at 8:08 p.m.
Dennis Probst
Mayor
Joe Lynch
City Administrator
NOTICE OF MEETINGS
The next Council Meeting will be held Monday, July 29, 2002 at 7:00 p.m. at the
Arden Hills Council Chambers.
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~
~HILLS
MEETING MINUTES
DRAFT
CITY OF ARDEN HILLS, MINNESOTA
CITY COUNCIL WORK SESSION
MONDAY, JULY 15,2002,4:45 P.M.
CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96
CALL TO ORDER
Mayor Probst called the meeting to order at 5:00 p.m. Present: Council
Members Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem.
Also present: City Administrator, Joe Lynch; Director of Operations and
Maintenance, Tom Moore; Director of Community Services, Aaron Parrish;
Accountant Terry Post; Recreation Program Supervisor Michelle Olson;
Superintendent of Operations and Maintenance Jim Perron; City Attorney
Jerry Filla; City Engineer, Greg Brown; and Deputy Clerk, Cynthia Young.
2.A
2002 Day in the Park Review and 2003 Budget
Supervisor Olson reviewed highlights ofthe 2002 "Day in the Park" event as found
in her memorandum to Council, which posed several questions concerning the
annual event for 2003.
Council Member Aplikowski noted points of interest to consider for 2003 Day in
the Park as fireworks display, band/entertainment, water ski show, kid's games,
and parade.
Mayor Probst asked if some of the expenses were not anticipated, due to over
budget expenses.
Mayor Probst suggested the City set up an entity responsible for Day in the Park
(501 -C), set date for next year NOW, and advertise acknowledgments.
ARDEN HILLS CITY COUNCIL WORK SESSION MINUTES
JULY 15,2002
..
2
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The City Council agreed that the annual "Day in the Park" event continue in 2003.
2.B TCAAP Update
Mayor Probst invited questions from the Council and staff concerning the latest
TCAAP developments.
Administrator Lynch defined the teams as - Centex, Ryan, Rehbein (CRR), Ehlers
as the financial team, staff, and finally, the City Council. He also invited
comments and questions regarding the trip he and the Mayor will travel to
Washington D.C. July 16 & 17 to meet with several TCAAP related entities.
Director Parrish explained that a comprehensive flow chart would be presented at a
subsequent meeting.
The Council and staff discussed concerns presented by Attorney Filla including
liability to exposure to environmental clean up, Metropolitan Council input,
process of the transfer between the government/city/developer. Attorney Filla
stated the City's goals and the developer's goals must be similar within the scope
of the agreement.
.
Bart Rehbein stated the CRR would review its long term budget and stressed the
developers desire to move ahead in a nonadversarial manner. He noted that if the
process were terminated, CRR would expect some compensation.
Mayor Probst stated at the July 29, 2002 Council meeting, Attorney Filla should
provide a final draft interim development.
Dave Hamernick, National Guard, advised the developer to follow EPA guidelines
regarding the clean up. He requested staff provide him with information
concerning Resolution 02-14, stating the conditions had changed.
3.A Finance
Accountant Post presented an overview of the 2002 revised budget. He said he
would provide additional information at a subsequent meeting, and would discuss
.
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ARDEN HILLS CITY COUNCIL WORK SESSION MINUTES
JULY 15, 2002
3
the process at the September 9, 2002 City Council meeting. He also reviewed the
cyclical utility billing procedure.
4.A Operations & Maintenance
Engineer Brown requested Council comments on the 2004-2005 PMP and 5-year
CIP as found in the memorandum to Council dated July 10, 2002.
Mayor Probst reminded the Council and staff that the City newsletter should
contain notification to residents of the anticipated expenditures for the five year
Pavement Management Plan.
Director Moore noted the upcoming presentation on July 18, 2002 to the residents
of the Ingerson neighborhood. He requested Council's comments concerning the
information that would be presented. Engineer Brown reviewed the PowerPoint
presentation, and clarified Council comments.
Director Moore explained that staff would create an atmosphere for the residents to
be as informed as possible regarding this issue, and requested full Council
participation and support of the neighborhood meetings.
The Council discussed the idea of whether or not any of them should attend the
neighborhood meetings. They agreed that the standards set forth were firm.
Director Moore reported twenty-four generally supportive phone calls from
residents, further stating some neighborhood representatives had an equally split
opmlOn.
The Council recommended the cost of the project be clearly illustrated to the
neighborhood representatives.
5.A Administration
Administrator Lynch said he needed an understanding from the Council regarding
procedures when separate requests for information arise.
Council Member Grant explained he requested budgetary information regarding
expense increases to operate the new City Hall as opposed to the old facility. He
ARDEN HILLS CITY COUNCIL WORK SESSION MINUTES
JULY 15,2002
4
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stated he did not understand the budgetary impact of the proposed maintenance
facility. He said he felt any Council Member should be able to request information
from staff at any time without a 3/2 vote by the Council to do so.
Mayor Probst said he respectfully disagreed, and did not want to see staff
experiencing five separate requests for information at any given time.
Council Member Grant thanked staff for the blinds installed in the Council
Chambers. He requested any information left at Council Members residences
should have a cover memorandum attached. He inquired as to the status of the
LRA report, further stating that when Operations and Maintenance Superintendent
Jim Perron was promoted, the intention was an adjustment is made, and he
proposed it be retroactive. He thanked the Administrator for the recap of the water
problem at City Hall.
Administrator Lynch stated that Rochon was asked to have the landscapers stop
work on the City Hall project because they were out of compliance with the
contract.
.
Council Member Larson eXplained the newly appointed Fire Board would meet
Wednesday, July 17 to appoint a new chief. He said Roger Aitkin was appointed to
the Rice Creek Watershed and now expressed an interest in why the management
plan did not have arsenal property noted.
Director Parrish said TCAAP was excluded for the lack of a plan.
Council Member Aplikowski requested a calendar of upcoming meetings.
Council Member Rem stated an unfinished issue was the development of the
employee performance review form.
Mayor Probst said the Ramsey County Board of Commissioners approved the
budget discussion of design concepts for the maintenance facility. He asked staff
to find out if the County has a scheduled approach to "scale up" the design. He
stated the proposed budget for Lake Johanna Fire Department budget increases are
due to the hiring of the chief. He reviewed agenda for the Washington D.C.
TCAAP meetings.
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ARDEN HILLS CITY COUNCIL WORK SESSION MINUTES
JULY 15, 2002
5
Accountant Post reminded the Council that Ramsey County will always own the
Maintenance Facility building.
Mayor Probst adjourned the meeting at 9:40 p.rn.
Respectfully submitted, Cynthia Young - Deputy Clerk
Mayor Dennis Probst
. Administrator Joe Lynch
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~
EN HILLS
MEMORANDUM
DATE:
July 25, 2002
TO:
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
FROM:
Terry Post
SUBJECT:
Claims and Payroll
Agenda Item 3.A
Attached:
Claims
Payroll for period 6/29/02 - 7/12/02
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CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 07/29/02 COUNCIL MEETING
CI~AIMS PAID SINCE LAST COtfNCIL MEETING 107/08/02)
:<CK.'~:':': 'Jjkj)iltt~:.
21472
21473
21474
21475
21476
21477
21478
21479
21480
21481
21482
21483
21484
21485
21486
21487
07/03/02
07/03/02
07/03/02
07/03/02
07/08/02
07/08/02
07/08/02
07/09/02
07/15/02
07/15/02
07115/02
07/15/02
07/17/02
07/17102
07/17/02
07/18/02
::::~i6(JNi<..
Met Council Enviromnental Services
Stanton Grou
Terrance Post
Michelle Olson
Lakes Coun Service Coo erative
Xed Ener
lCMA Product Fulfillment Center
Pc Cash
Affmi Plus Federal Credit Onion
leMA Retirement Trust-457
Stanton GrOll
Brock White Com an
Ha Faces
11N Mutual Life
Health Partners
Dave Scherbel
Subtotal- Paid Claims
1,188,00
131.50
556.19
115,39
5,713.86
1,484,58
55.43
125.83
4,898.87
2,35729
240.50
1,473.20
204.00
244.00
753.95
432.77
19,975.36
PAGEIOF3
Paid Claims From Above-
19,975.36
SAC Char es-Ma 2002
Da care Reimbursement 6/28
Milea e/GFOA ConfEx ense Reimbursement
Milea e/Ex ease Reimbursement
Au ust Insurance
June Service
Publication"IIR M t in Local Ovt"
P Cash R lenishment
Second Jul Pa on
Second Jul Pa 011
Da care Reimbursement 7/05
Road R air Materials
Penn Carnival-CaricaturisVFace Painter
Au llst I jfc Insurance
Dental Insurance-Au st
Milea elE ense Reimbursement
Note: Checks for unpaid claims totaling $89,928.15 were mailed on July 9, 2002
after approval at the July 8, 2002 Council Meeting. They were check numbers
2]410 -21471. This sequence corresponds to unpaid temporary numbers TOI - T62.
Check numbers 21408 - 21409 were llsed for alignment.
Add Unpaid Claims, Page 3 of 3 -
177 046,66
Total Accounts Payable Claims
for Council Approval, 07/29/02-
197,022.02
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CITY OF ARDEN IlILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 07/29/02 COUNCIL MEETING
PAGE20F3
UNPAID CLAIMS REGISTER:
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T1 07/30/02 A 1 Hvdraulic Sales & Service 61.47 Parts-Tank Truck #16
n 07/30102 Accurate Press, Inc. 128,76 250 Business Cards-Parrish
T3 07/30/02 Animal Control Services, Tnc. 490,68 DoidCat Enforcement-June
T4 07/30102 Aramark Uniform Services 137.11 Rill! Service-CH-7101-7/22/02
T5 07/30102 Arden Hills Development Corp 17,224.73 2002-15t HalfProncrtY Tax Increment
T6 07/30102 Arden Hills Tire & Service Center 20.24 Tire Renair
T7 07/30/02 Arrowwood Resort 3]6.3] 2002 MGFOA Conference Lodging-Post
T8 07/30/02 Beisswenger's How To Store 49.77 Julv Purchases-ShoD Suonlies
T9 07/30/02 BFI ofTvfN, Inc, 244,53 Waste Removal
Tl0 07130/02 Biff's, Inc. 562.08 Portable Toilets
Tl] 07130/02 Bill's Rental Center 65.40 Fan-CH-Water Lower Level
T12 07/30102 Brock White Co. 858.50 Crack Sealinp- Melter Rental
TI3 07/30102 CC Sharrow Co. 86.68 Winch Hoist Hook
T]4 07/30/02 Connellv Industrial Electronics 686.4] Lift #2-Repair
T15 07/30102 Construction Bulletin Magazine 259,50 Ad-2002 PMP 6121 & 6128
T]6 07/30/02 Continental Research Corn 180.04 Lift #8-Maintenance
T]7 07/30/02 Cornorate Express 496,64 Office Supplies/Copy Paper
T]8 07/30102 D-Rock Center 45,80 Sand
T19 07/30102 Davies Water Equipment 106.Q7 Maintenance Supplies
no 07130102 Diamond Vogel Paints 187,87 Trail Cross Walks-Paint
T21 07130102 Diemer, Christopher 147.49 Mileafle/Expense Reimbursement
T22 07130102 E-Z Rccycling, Inc. 4,855,00 Julv Service
T23 07/30102 Ehlers & Associates, Inc. 700,00 TCAAP Planning (Prosser/Ruff>
T24 07/30/02 First Student, Inc. 839,76 Buses-Dav in the Park/Fri Field Trip
T25 07/30/02 Fra Dor Black Dirt 47,93 Black Dirt
T26 07130/02 Frattallone's Hardware, Inc. 152.52 Julv Purchases
Tn 07/30/02 G.K. Landscape Supplies, Inc. 220,45 Mulch-Parks
T28 07/30102 Glenwood lnglewood 59.42 Snringwater-CH-June
T29 07/30102 Good Time Attractions 37,46 Penny Carnival Game Supplies
TlO 07/30102 Gopher Electric Contractors 22.50 Wirin.u;-Ntl Guard Room (Permit Fee)
TlI 07/30102 Gopher Sport 15816 Tennis Court Maint-Tcnnis Balls/Pitcher Plate
Tl2 07/30102 Gophcr State One-Call 79.05 June Service
Tl3 07/30102 Har Mar Lock & Service 227.33 Install Lock-CH-Patio Door
T34 07130102 ICT DuJux Paint Center 39858 Field Marking Paint
T35 07/30/02 Independent Sports Network 1,07 LOO Umnire Service 6/18-7/11/02
T36 07130/02 Independent School District #621 273.70 Bld9 SunervisoT 01/02-06/02
T37 07/30/02 Ingraham & Assoc, Inc. 998.22 June Park Planning-Final Payment
T38 07130102 l.U.O.E. Local 49 240.00 July Payroll Deductions
T39 07/30102 Kath Auto Parts ]03.25 Battery-#2 Pickup
140 07130102 Kinko's 250.75 Copies-2002 Utility Insert/Welsh Easement
T41 07/30/02 Ijllie Suburban Newspapers 81.91 Lefl"al Notices-June
I I
II Total ~ Unpaid Claims --- 33,173.07 I
.....,'/""""""~'.,~h"kl>.i=l
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CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 07/29/02 COUNCIL MEETING
PAGE30F1
UNPAID CLAIMS REGISTER:
:(j{~:tiAti> ;::;yt~1)pif:':' .....,.,'".",+ )l~j~j\:Y: t6Mi@!<TS.
'-'-'-'-",',"'------"-'"
::c.:-:",:::::;:::,:::::;::::::::::::::::::,::
T42 07/30/02 Linder's Greenhouses 3.877,73 2002 Flower Gardens
T43 07/30/02 McKinney, Michael 26,97 2002 UnifonTI Purchase
T44 07/30/02 Menards 124,80 Curb RenaiTs
T45 07/30102 Met Council Environmental Services 36,121.00 AUlrust Sewer Chare:e
T46 07/30102 Midwest Asphalt Corporation 1,191.79 Road Rcoair Materials
T47 07/30/02 MN UC Fund 6,014.54 Unemnlovment Comp-Staffonl/St.owell
T48 07/30/02 MN Wanner Company 224,84 Snraver Parts
T49 07/30/02 Moore, Thomas 108.77 Mileap"e Reimbursement
T50 07/30/02 MTI Distributing Co. 4,405.91 Snowblower-GM 328-D/Parts
T51 07/30/02 North Metro Insvections, Ioe 2,668.40 June Electrical Inspections
T52 07/30/02 Office Depot 32.99 Office Supplies
T53 07/30/02 People's Electrical Contractors 382.67 perrv Park-Lights
T54 07/30/02 Peterson, Fram & Bergman 5,428.58 June Legal Fees
T55 07/30102 Piano Plavhouse 282,00 Summer Lesson Fees
T56 07/30102 Post, Terrance 3358 Mileage Reimbursement
T57 07/30/02 Presbvterian Homes 860.00 Tea in the Tent-Day in the Park
T58 07/30/02 Pro-Tee Design, Inc. 149.50 Repair Card Reader/See System
T59 07/30/02 Pudeasa Co., Inc. 239,63 Golf Carts-Day in the Park
T60 07/30/02 Ouick Silver 39.60 Delivery Charge-TeMP
T61 07/30/02 Ramsev County 59,494.79 July Law Enforcement/Fuel Purchases/~
T62 07/30/02 Sally Distributors 32.59 Penny Carnival Prizes
T63 07/30/02 Scherer Brothers Lumber 13.85 Furring Strios
T64 07/30/02 50rintPCS 77.88 Cellular Phones
T65 07/30/02 Standard I Itg & Ale 64.70 Refund-M02-99 Cancelled Permit
T66 07/30/02 Stanton Group 100,00 FSA Admin Fees-June
T67 07/30/02 Star Tribune 1,167.40 Emolovrn,"' Ad-O&M 7/14/02
T68 07/30/02 T aeget Stores 351.27 Day in the Park-GiveawayslThank You Cards
T69 07/30/02 TimeSaver Off-Site Secretarial 333.50 Rec Sec-CC-6/24 & 7/08
T70 07/30/02 T riareo Arts & Crafts 37.31 Bird Houses
T71 07/30/02 Trulrreen-Chemlawn 384.47 InsectJWeed Control
Tn 07/30/02 Twin Cities FIal! Source 29,77 1vIN State Flae:-CH
T73 07/30/02 US, Toy Co, 130,35 Penny Carnival Prizes
T74 07/30/02 United Rentals 51.06 Caution Si gn
T75 07/30/02 United Way of the S1. Paul Area 130,00 Jan-June 2002-Contributions
T76 07/30/02 URSIIlRW 17,855,67 May Enginecrinl! Fees
T77 07/30/02 Verizon Wireless 78.42 Cellular Phones
T78 07/30/02 Winkel, David 79.98 Uniform Purchase
T79 07/30/02 Xerox Corooration 696.75 APT/May Base Chan~elExeess Prints
T80 07/30/02 Zee Medical Service 81.80 First Aid SUPDlies
T81 07/30/02 Ziegler, Inc. 468.73 Generator Rental-Day in the Park
Subtotal, Page 3 of 3 - 143,873.59
Pal!e 2 of 3 Brought Forward - 33,173.D7
Total Unnaid Claims-- 177,046,66
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URS
AGENDA ITEMS 5.A, 5.B
MEMORANDUM
TI1resher Square
700 Thi rd Street South
Minneapolis, MN 55415
Phone: (612) 370-0700
Fax: (612) 370-13783
To:
Tom Moore/Arden Hills
Jim Perron! Arden Hills
Nick LandwerlURS
File:
37951020
Joe Lynch! Arden Hills
Copy:
From:
Greg Brown, PE
Arden Hills City Engineer
Date:
July 22, 2002
Subject:
2002 PMP Assessment Hearing
Resolution 02-34 Adopting 2002 PMP Assessment Role
Background
The City Council at their April 29, 2002 meeting, directed the City Engineer to prepare final plans and
specifications for lhe 2002 Pavement Improvement Project based upon the feasibility study and
comments/direction received at the April 29, 2002 Council Meeting and resident feedback from the
previous neighborhood meeting.
Project Status
Bids for the project were received on July II, 2002 and a recommendation for award of the project is
included as item 5.C on the July 29, 2002 Council Agenda. The proposed improvements include the
reconstruction of Hunter's Court and Waldon Place to 32 foot wide streets with concrete curb and gutter.
The cui de sac bulbs are designed with 100 foot diameters. We have included a minor amount of silt
removal at the oullet of the existing storm sewers into the adjacent pond as a part of the project.
Recommended Assessment
Attached are a copy of the proposed assessment role and property map for the project area. The
assessment role and map were discussed at the June Council Worksession. The proposed assessment rate
is $51.00 per front foot (as calculated per the assessment policy) which generates a total project
assessment amount of $85,130.00. The resident notices for the assessment hearing indicated that the
assessment could be paid in full or by installments over 10 years at an annual interest rate of 6.5% as was
discussed at the June Council Worksession.
The City Engineer recommends that the Council adopt resolution 02-34 finalizing the assessment role for
the 2002 Pavement Management Program.
\\5071 NTOl \PROJECTS\3795I 020mOCUMENTS\ WORD\ConncilMemo7 -29-02.doc
,
,
.
.
.
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 02-34
A RESOLUTION
Adopting the Final Assessment Role for
Hunters Court and Waldon Place
2002 Pavement Management Plan
WHEREAS, pursuant to proper notice duly given as required by law, the Council has
met and heard and passed upon all objections to the proposed assessment for the improvement of
Hunters Court and Waldon Place.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Arden Hills,
Minnesota:
Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessment against the lands named therein, and
each tract of land therein included is hereby found to be benefited by the proposed improvement
in the amount of the assessment levied against it.
Such assessment shall be payable in equal annual installments extending over a period of
ten (10) years, the first of the installments to be payable on or before the first Monday in January
2003, and shall bear interest at the rate of6.5 percent per annum from the date of the adoption of
this assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2013. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if
the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at
any time thereafter, pay to the city treasurer the entire amount of the assessment remaining
unpaid, with interest accrued to December 31 of the year in which such payment is made. Such
payment must be made before November 15 or interest will be charged through December 31 of
the next succeeding year.
The clerk shall forthwith transmit a certified duplicate of this assessment to the county
auditor to be extended on the property tax lists of the county. Such assessments shall be collected
and paid over in the same manner as other municipal taxes.
ADOPTED by the City Council this 29th day of July, 2002.
DENNIS PROBST, MAYOR
ATTEST:
JOE LYNCH, CITY ADMINISTRATOR
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July 23, 2002
AGENDA ITEM 5.C
Mr. Joe Lynch
City Administrator
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
RE: 2002 Pavement Management Program
Hunters Court and Waldon Place
Dear Mr. Lynch:
Bids were received and opened for the above-referenced project on July 11, 2002. Bids were
received from five (5) contractors. The tabulated bid outcome is as follows:
.
1
2.
3.
4.
5.
Contractor
T.A. Schifsky and Sons, Inc.
Bituminous Roadways, Inc.
North Valley, Inc.
Midwest Asphalt Corporation
Forest Lake Contracting
Bid Amount
$160,416.50
$187,865.40
$195,628.30
$195,862.15
$219,478.00
Engineer's Estimate
$165,000.00
All bids had proper bid guarantees in the amount often percent (10%) of the total bid as required
by the Project Manual. A bid tabulation was perrormed to verify the total bid amounts and all
bids were found to be correct. A copy of the bid tabulation is attached for your information.
T.A. Schifsky and Sons, Inc. submitted the low base bid with a total base bid amount of
$160,416.50. The low bid is approximately $4,500.00 (2.7%) less than the Engineer's Estimate
and reflects a competitive bid in the current marketplace.
Recommendation
The Engineer has direct experience working with the low bidder, T.A. Schifsky and Sons, Inc.
including the 1998 street reconstruction project in Arden Hills. The Engineer is confident that
T.A. Schifsky is capable of successfully completing the work included with this project.
.
Thresher Square
700 Third Street South
Minneapolis, MN 55415-1199
612.370,0700 Tel
612.370.1378 Fax
URS
.
Mr. Joe Lynch
July 23, 2002
Page 2
The City Engineer, therefore, recommends the award of the 2002 Pavement Management
Program to T.A. Schifsky and Sons, Inc. for the total amount of $160,416.50. The project
schedule outlined below is based upon award by the City Council on July 29, 2002.
A ward Contract
Begin Construction
Complete Construction
July 29, 2002
August 19, 2002
October 11, 2002
Please ca1l me at (612) 373-6479 if you have any questions or need additional information.
Sincerely,
.
attachment
cc: Tom Moore/Arden Hills
Nick LandwerlURS
Mark LynchlURS
Frank Ticknor/URS
File 37951-020-0101
BIDREC.WPD
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,
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
.
RESOLUTION NO. 02-36
A RESOLUTION
Accepting the Bid for
Hunters Court and Waldon Place
2002 Pavement Management Plan
WHEREAS, pursuant to an advertisement for bids for the improvement of Hunters Court
and Waldon Place, bids were received, opened and tabulated according to law, and the following
bids were received complying with the advertisement:
T.A. Schifskyand Sons, Inc.
Bituminous Roadways, Inc.
North Valley, Inc.
Midwest Asphalt Corporation
Forest Lake Contracting
$160,416.50
187,865.40
195.628.30
195,862.15
219,478.00
AND WHEREAS, it appears that T.A. Schifsky and Sons, Inc. is the lowest responsible
bidder,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Arden Hills,
Minnesota:
.
1. The Mayor and Clerk are hereby authorized and directed to enter into the
attached contract with T.A. Schifsky and Sons, Inc. for the improvement of
Hunters Court and Waldon Place according to the plans and specifications
therefore approved by the City Council and on file in the office of the City
Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all
bidders the deposits made with their bids, except that the deposits of the
successful bidder and the next lowest bidder shall be retained until a contract
has been signed.
ADOPTED by the City Council this 29th day of July, 2002.
DENNIS PROBST, MAYOR
ATTEST:
JOE LYNCH, CITY ADMINISTRATOR
.
.
.
.
~
~
EN HILLS
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
July 22, 2002
Ageuda Item 7.A
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
Joe Lynch, City Administrator
Aaron Parrish ~ Community Services Director
Planning Case #02-14, Final Plat
Tom and Kathy Goserud, 4350 Hamline Avenue
Location Map
Planning Commission Meeting Minute Excerpt
Final Plat
Easement Sketch and Description
ENCLOSURES:
Request
The applicants are requesting Final Plat approval to divide one existing lot zoned R-l Single
Family Residential into two lots zoned R-l Single Family Residential.
Overview
At the May 28, 2002 City Council meeting, the City Council approved the preliminary plat and
variance for Goserud Addition. The approval was granted with the following conditions:
1.
The applicant submits fmal grading, drainage, erosion control, and utility plans
for approval by the City Engineer prior to issuance of a building permit. The
building permit will not be granted if satisfactory drainage cannot be
accomplished.
The portion of property currently extending into Hamline Avenue be dedicated to
Ramsey County on the final plat.
2.
.
.
.
2
July 22, 2002
Planning Case #02-14
3. The City's maintenance responsibility for sanitary sewer and water is limited to
the curb stop at Hamline Avenue.
4. Provide evidence of a perpetual private ingress/egress easement for Parcel B prior
to final platting.
S. Payment of the appropriate park dedication fee prior to final platting based on an
independent appraisal.
6. Revocation of the existing Special Use Permit for the property prior to the
issuance of a building permit.
7. Compliance with applicable City ordinances.
Final plat approval allows the Planning Commission and City Council a final opportunity to
review a plat to ensure that it is consistent with any requirements/conditions associated with the
preliminary plat approval. The following highlights compliance relative to the approval of the
preliminary plat:
I. The applicant submits final grading, drainage, erosion control, and utility plans for
approval by the City Engineer prior to issuance of a building permit. The building permit
will not be granted if satisfactory drainage cannot be accomplished.
This condition would need to be reiterated with final plat approval.
2. The portion of property currently extending into Hamline Avenue be dedicated to
Ramsey County on the final plat.
This is illustrated on the final plat
3. The City's maintenance responsibility for sanitary sewer and water is limited to the curb
stop at Hamline Avenue.
This condition would need to be reiterated with final plat approval
4. Provide evidence of a perpetual private ingress/egress easement for Parcel B prior to final
platting.
The applicant has submitted evidence of the area and legal description for the
easement. A condition requiring evidence of signature and recording of this document
would be necessary prior to signature of the plat.
S. Payment of the appropriate park dedication fee prior to final platting based on an
independent appraisal.
3
July 22, 2002
Planning Case #02-14
.
The applicant has retained an appraiser to conduct an independent appraisal. A
condition requiring payment of the park dedication fee will be necessary prior to
signature of the final plat.
6. Revocation of the existing Special Use Permit for the property prior to the issUlll1ce of a
building permit.
This condition would need to be reiterated with final plat approval
7. Compliance with applicable City ordinances.
This condition would need to be reiterated with final plat approval
Planninl! Commission Recommendation
In Planning Case 02-14, the Plmming Commission recommends approval of the final plat with
the following conditions:
I. The applicant submits final grading, drainage, erosion control, and utility plans for
approval by the City Engineer prior to issuance of a building permit. The building permit
will not be granted if satisfactory drainage cannot be accomplished.
2. The City's maintenance responsibility for sanitary sewer and water is limited to the curb
stop at Hamline Avenue.
3. Provide evidence of a perpetual private ingress/egress easement for Parcel A & B prior to
signature ofthe final plat.
4. Payment ofthe appropriate park dedication fee prior to signature of the final plat.
5. Revocation of the existing Special Use Permit for the property prior to the issuance of a
building permit.
6. Compliance with applicable City ordinances.
.
Options
I. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial with reasons for denial. If the City denies the petitioners request,
"...it must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
Deadline for Al!encv Actions
With regard to subdivision applications, Minnesota State Statute 462.358 Subd. 3B indicates the .
following:
.
.
.
4
July 22, 2002
Planning Case #02-14
A subdivision application shall be preliminarily approved or disapproved within ]20
days following delivery of an application completed in compliance with the municipal
ordinance by the applicant to the municipality, unless an extension of the review period
has been agreed to by the applicant.
This particular application was received June 12, 2002. As a result, the application must receive
an approval or denial by October II, 2002.
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ARDEN HILLS PLANNING COMMISSION - JULY I 7, 2002
9
. UNFINISHED AND NEW BUSINESS
PLANNING CASE #02-14 - THOMAS AND KATHLEEN GOSERUD, 4350 HAMLINE
AVENUE, FINAL PLAT
Staff reviewed their report dated July 9, 2002 and recommended approval of the Final
Plat.
Chair Sand asked if the Arden Hills Nursery would cease or be relocated. Mr. Goserud
stated the business would be relocated.
Commissioner Lemberg asked if anyone had checked the dimensions on the Plat. Mr.
Parrish replied the City Engineer and City Attorney had reviewed this.
Commissioner Lemberg pointed out discrepancies within the dimensions. He requested
they be rechecked. Mr. Parrish replied he would follow-up on this.
Thomas Goserud, 4350 Hamline Avenue, stated he believed this was an error. There was
going to be a 6-foot easement as a part of the ingress/egress.
.
Commissioner Duchenes asked how conditions 4 and 5 be memorialized so buyers know
they are subject to these conditions. Mr. Parrish replied the building official knows that
prior to issuing a permit this information needed to be relayed.
Commissioner Zimmerman asked how would sewer and water be provided to the back
lot. Mr. Parrish explained how the sewer and water would be provided. He stated the
City's responsibility ended at the strcet.
Commissioner Zimmerman expressed concern about the length of the sewer and water
line.
Commissioner Ricke moved, seconded by Commissioner Zimmerman to extend the
meeting past 10:00 p.m.
The motion carried unanimously (7-0)
Commissioner Zimmerman moved, seconded by Commissioner Ricke, to approve
Planning Case #02-14, Thomas and Kathleen Goserud, 4350 Hamline Avenue, Final Plat,
based on the following conditions:
.
I. The applicant submits final grading, drainage, erosion control, and utility plans for
approval by the City Engineer prior to issuance of a building permit. The building
permit will not be granted if satisfactory drainage carmot be accomplished.
2. The City's maintenance responsibility for sanitary sewer and water is limited to the
curb stop at Hamline Avenue.
3. Provide evidence of a perpetual private ingress/egress easement for Parcels A and B
prior to signature of the final plat.
4. Payment of the appropriate park dedication fee prior to signature of the final plat.
ARDEN HILLS PLANNING COMMISSION - JULY 17, 2002
10
5. Revocation of the existing Special Use Permit for the property prior to the issuance of .
a building permit.
6. Compliance with applicable City Ordinances.
Commissioner Lemberg requested a friendly amendment that the City Engineer rechecks
the dimensions. Commissioners Zimmerman and Ricke accepted the friendly
amendment.
Thc motion carned unanimously (7-0).
PLANNING CASE #02-19 - TRAMM BUILDERS & REALTORS, LLC; 3585
LEXINGTON AVENUE NORTH, SUITE 173, CONCEPT PLAN REVIEW
Staff reviewed their report dated July 10, 2002 and asked for comments relative to the
applicant's Concept Planned Unit Development.
Commissioner Zimmerman asked the height of the proposed buildings. Kim Tramm,
Tramm Builders and Realtors, replied the buildings were one story. He statcd he believed
they were less than 35 feet in height.
Commissioner Zimmerman asked if they had done any market analysis. Mr. Tramm
replied the market was very good for this type of a development. He stated this type of a
development was selling very briskly.
Commissioner Zimmerman expressed concern about the parking stalls being 10 short. He
encouraged them to have adequate parking on-site. Mr. Tramm stated these would be low
intensity businesses that would not have a high traffic volume. He stated these would not
be retail style businesses.
.
Chair Sand asked if they had considered putting the building up front and the parking in
the back. Mr. Tramm replied they had looked at that option, but at this particular site, it
would be impossible to achieve the design concept they felt was marketable and popular
and still have the building up front. He indicated they were utilizing the natural grade of
the site for the design of the building. He stated the design of the building would change
considerably if they were to place the parking in the back.
Chair Sand indicated if this was true, he would be requesting a lot of additional
landscaping, berming, etc. to buffer the parking area.
Mr. Tramm stated what this plan offered was that this would be a low intensity
development and they would make sure it would look good. He stated if the development
looked good, it would enhance the value of the property. He stated the property would be
aesthetically appealing.
Commissioner Zimmerman asked how many tenants they were proposing. Mr. Tramm
replied he was looking at six tenants. .
Commissioner Zimmerman expressed concern about subleasing a part of the space. Mr.
Tramm replied he would need to put restrictions in his documents, which would either
.
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No IS- 7
.
.
.
,
~
~
EN HILLS
MEMORANDUM
DATE:
Agenda Item 7.B
July 22, 2002
TO:
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
Joe Lynch, City Administrator
FROM:
Aaron Parrish - Community Services Director
SUBJECT:
Planning Case #02-15, Special Use Permit
Fred and Sylvia Berndt, 1575 Edgewater Avenue
ENCLOSURES:
July II, 2002 Memo to Planning Commission
Planning Commission Meeting Minute Excerpt
Additional Letters Received from Residents
ReQuest
The applicant is requesting a Special Use Permit to construct a boathouse on Lake Johanna.
Deadline for Ae:encv Actions
The City of Arden Hills received the completed application for this request on June ] 2, 2002.
Pursuant to Millllesota State Statue, the City must act on this request by August II, 2002 (60
days), unless the City provides the petitioner with written reasons for an additional 60 day review
period. The City may with the petitioners consent extend the review period beyond the 120 days.
Plannine: Commission Recommendation
In Plalllling Case 02-15, the Planning Commission recommends denial of the Special Use Permit
finding:
.
.
.
,
,
2
July 22, 2002
Planning Case #02-15
1. The proposed boathouse does not further the purpose and intent of Zoning Ordinance
Section 1 (B) (2) "to promote the character of and preserve and enhance the properties
and areas within the city including wetlands, ponds and marshes.
Options
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial. If the City denies the petitioners request, "...it must state in writing
the reasons for the denial at the time that it denies the request".
4. Table for additional information.
"
~
~~HILLS
fiLE COpy
.
CITY OF ARDEN HillS
MEMORANDUM
DATE:
July 11,2002
TO:
Planning Commission
FROM:
Aaron Parrish, Community Services Director
Il
SUBJECT: Case #02-15
Fred and Sylvia Berndt, 1575 Edgewater
Special Use Permit
Request
The applicant is requesting a Special Use Permit to construct a boathouse on .
lake Johanna,
Back~round
Surrounding Area
---- - -
Direction Future Land Use Zoning Existing Land Use
Plan
North lake Johanna
South low Density Residential R-1 Single Family Single Family Detached
Residential Residential
East low Density Residential R-1 Single Family Single Family Detached
Residential Residential
West Public and Institutional R-1 Single Family Institutional
Residential
Site Data
Future Land Use Plan: low Densitv Residential
Existing Land Use: SinQle Familv Detached Residential
Zoning: R-1, SinQle Family Residential
Size: 14,856 square feet (.341 acres)
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Memo to Planning Commission
Planning Case #02-15
Fred and Sylvia Berndt Special Use Permit Amendment
Page 2 of 4
Special Use Permit Analvsis
Based on Ordinance #334, the Shoreland Ordinance, boathouses require a
Special Use Permit to be constructed. The following language taken from the
Shoreland Ordinance is illustrative:
334.03 Subd. 6 (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.
334.04 Subd. 5 (A)
Boathouses, Piers, Docks. Setback requirements from Ihe 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.
In addition, the Zoning Ordinance provides the following information relative to
the issuance of a Special Use Permit:
Zoning Ordinance Section 7 (A)
It is recognized that certain uses, although generally compatible with the basic use
classification of a particular zoning district, should not be permitted generally and as a matter
of right to be located in every area included within the zoning district because of hazards
inherent in the use itself or special problems which its proposed location may present. Such
a use of a particular site may, nevertheless, be specially permitted by means of a special use
permit, granted by the council, after the procedures set forth in this ordinance and the City's
Policy Manual on land Use Procedures have been complied with, and the council, on the
basis of the guidelines and criteria set forth in Section VIII, has determined that the facts and
circumstances of the particular case warrant granting the permit. . . .
Taking the above into consideration, the application meets all other Zoning
Ordinance requirements including limitations on accessory structure size and
height. Based on a review by staff, it was determined that the Department of
Natural Resources defers to the local zoning authorities on these types of issues.
See the attached information from the DNR website for additional information.
For reference, staff has received several calls expressing general opposition to
the proposed boathouse. Letters received are also included for your review.
Memo to Planning Commission
Planning Case #02-15
Fred and Sylvia Bemdt Special Use Permit Amendment
Page 3 of4
.
Deadline for Aqency Actions
The City of Arden Hills received the completed application for this request on
June 12, 2002. Pursuant to Minnesota State Statue, the City must act on this
request by August 11, 2002 (60 days), unless the City provides the petitioner with
written reasons for an additional 60 day review period. The City may with the
petitioners consent extend the review period beyond the 120 days.
Options
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial. If the City denies the petitioners request, "...it must
state in writing the reasons for the denial at the time that it denies the
request".
4. Table for additional information.
Staff Recommendation
To my knowledge, the City has not processed a Special Use Permit for this type .
of structure. As such, staff has outlined general options for approval or denial of
the application as opposed to providing a formal recommendation.
Approval of the Special Use Permit
A simple motion to approve the Special Use Permit based on the plans submitted
would be sufficient.
Denial of the Special Use Permit
If the Commission were inclined to deny the proposal, it would be necessary to
establish findings. Sample findings are included below:
1. The proposed boathouse does not further the purpose and intent of
Zoning Ordinance Section 1 (B) (2) "to promote the character of and
preserve and enhance the properties and areas within the city including
wetlands, ponds and marshes.
2. The proposed boathouse does not further the purpose and intent of
Zoning Ordinance Section 1 (B) (6) "to promote the proper use of land and
structures."
3. The proposed boathouse does not further the purpose and intent of
Zoning Ordinance Section 1 (B) (8) "to prohibit the use of buildings, .
structures, and lands that are incompatible with the intended use or
development of lands within the specified zones.
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" Memo to Planning Commission
Planning Case #02-15
Fred and Sylvia Berndt Special Use Permit Amendment
Page 4 of 4
In addition, if there are specific concerns about the Ordinance language as it
currently exists, the Commission may wish to direct staff to evaluate a change to
the Ordinance.
Attachments
1. Location map
2, Letter Submitted by Applicant
3, Plan Set Submitted by Applicant
4, Letters Submitted Regarding Proposal (4)
5. DNR Information on Boathouses
'.
0;;(- \S ,
FilE COpy
Fred Berndt, Jr.
1575 Edgewatcr Ave, West
Arden Hills, MN 55112
.
June 4, 2002
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
Dear Sirs:
Attached please find my application for a special use permit to build a boat house on my
property on Lake Johanna.
Because of set back requirements, I Calliot add on to my house or our attached double
garage, and I need additional storagc for lawn furniture, lawn care and snow removal
equipmcnt, our dock, bicycles, etc. I was going to purchase a portable storage shed for
the back yard to store these items. I also have a retaining wall on the lake, part of which
needs to be replaced because it is falling into the watcr.
Sincc I am buying a boat this summcr, 1 figured out that building a boat house would take
care of number of problems at oncc. It could provide some storage spacc, a place to put
the boat other than on a trAiler in the back yard, and would replace the section of the
retaining wall that is falling into the lake.
.
We designed a building similar to the buildings put up across the lake at Tony Schmidt
Park by Ramsey COlmty. Exterior linish would be colored block, in alternating colors as
the buildings at the park. The roof would be dark green to match the house. The lower
level could store the boat and dock, which are presently left outside. The upper level
would provide an on grade entrance to wheel in items for storage, and a small area in
front of the storage, on the lake side, for a screened in porch.
I appreciate you consideration of a special use permit for this project.
Sincerely,
~
Fred Berndt, Jr.
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BROWN LAND
SURVEYING,
INC.
8030 Cedar Avenue South Suite 228
Bloomin;lton, MN 55425
Phone (952) 854-4055
Fax (952) 854-4268
WOODROW A. BROWN. R.L.S.
President
Survey For:
Fred & Syl~a Berndt
LAKE JOHANNA
---
,_. _~ Corner in Lake
___ ~ Area of
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'--"(To';;' WolI) Area of
879.1" Area of
Point on line/ --" \ Percent
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Lot= 16,534.6:1: Sq. Ft.
House=3,145.6:1: Sq. Ft.
Hard Cover=4.444.5:i: Sq. Ft.
of Hard Cover= 27% :i:
884
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Proposed 84.0
885.6
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Proposed Elevation:
Boat House Floor= (878.0)
LOT
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-x- Fence
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<:> Hydrant
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NOTE: Na Search Was
Made For Any
Easements.
76.76
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PROPERTY DESCRIPTION
Lot 16. Block 8, ARDEI' HILLS #3 and all that part of
Government Lot 6. Section 33, Township 30 North,
Range 23 West; Ramsey County. Minnesota lying east
of the following described line:
Beginning at the southwest corner of said Lot 16; thence
northwesterly through a point to the shoreline of Lake
Johanna. said point being 25.00 feet westerly of Meander
Corner #15 of said Section 33 as measured on the
westerly extion of the Meander line for said Lot 16.
894.1 T
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EOGE;ATER AVENUE
894. OX
I hereby certify thot this survey. plan or report was prepared by me or under
my direct supervision and that I am a duly Registered Land Surveyor under the
laws of the State af Minnesota.
W. BROWN LAND SURVEYING, INC.
36-02
75/58
/?~~~
Woodrow A. Brown, R.L.S NO. 15230
Dated: May 24. 2002
1 of 1
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Site l\1J!)21 Contact the DNE. I Wb<it's New? I News Rcleases I Events
MN DNR flomc > RLP > Pemlilli > W aterJ>~lmits >
Water permits answers
If you have further questions, please send them to
info@dnLstate,mn.us for a response.
Important: Other approvals may be required from federal,
state, and local units of government, including the U.S. Army
Corps of Engineers, watershed districts, water management
organizations, counties, townships, and cities.
Aeration systems
Is a DNR permit required to install an aeration system in
the lake adjoining my property?
Permitting authority for aeration systems lies with the DNR
Fisheries Division. Applications are received at DNR Regional
fisheries Offices and processed by the regional fisheries
supervisor, who will consult with the DNR regional hydrologist
and other appropriate regional personnel.
Back to permit list
Aquatic vegetation
Is a DNR permit required to remove aquatic vegetation?
. Any control of emergent vegetation, such as cattails, and
the use of pesticides in public waters does require a DNR
llil-ulltic plant manag~ment permit. Aquatic plants such as
cattail, bulrush, water lilies, and other aquatic vegetation
are important because they reduce wave action (thereby
reducing the threat of shoreline erosion), provide fish and
wildlife habitat, buffer shorelines from pollutants, and
provide other environmental benefits. DNR aquatic plant
management permits are issued through the DNR
Regional Fisheries Qffices. The rules goveming the
destruction of aquatic vegetation are found in Minne.s.,ota
.d&J
I Shortcuts:
-.
L 111
.il""il~'J ;Htl :{..'Ja.
Regulations, licenses,
permits
J\;[ainM~
Licenses
Online licensing 'EXTI
rlNR licens<0gents
RegulatiQn.;;
Permils
Waters Applications FOlTlls
before undertaking any construction activity in thcse areas that
will bc highly vulnerable to erosion and soil slippage.
.
For lands within a Shoreland Management District, the "bluff
impact zone" is the first 20 feet of the 30-foot setback for
structures proposed to be built in bluff areas that are located
immediately adjacent to an 18 percent or stccper slope. This 20-
foot bluff impact area should not be disturbed either by
removing the vegetation or by excavation. Diseased or dying
vegetation may be removed, and selective pruning of branches
is permitted to allow a view. Local officials should be contacted
for district boundaries and requirements before undertaking
these types of activities.
For lands within a Wild and Scenic Rivers District, the Lower
St. Croix National Scenic Riverway, or the Mississippi River
Critical Area Corridor, the definition of a bluff, bluffline
setbacks, and requirements for allowing development on a bluff
will gcnerally differ and be more restrictive than for lands
within the Shorcland Management District. Requirements for
propos cd vegetative cutting or excavation on a bluff or within
bJuffline setbacks may also be more restrictive. Contact your
city, county, or township local planning/zoning authority for
information on district boundaries, requirements, and permits
before undertaking these types of activities.
.
See also:
Wild and Scenic Rivers Program
Lower St. CrQix National SCel1ic Riverway
Mississippi Riyer Critical Area Program
BllCkJo j:lermit list
~
Boat house
Is a DNR permit required to build a boat house or storage
shed adjacent to a lake?
Contact your city or county planninglzoning authority if you
propose to construct a boat house or other accessory structures
along your lake or river shoreline.
:S"'GkJopenllit list
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ARDEN HILLS PLANNING COMMISSION - JULY 17,2002
2
CASE #02-15 - FRED AND SYLVIA BERNDT, 1575 EDGEWATER AVENUE,
SPECIAL USE PERMIT - PUBLIC HEARING
Chair Sand opened the public hearing at 7:44 p.m.
Staff reviewed their report dated July 11, 2002. Staff stated the City had not processed a
Special Use Permit for this type of structure. Staff outlined general options for approval
or denial of the application as opposcd to providing a formal recommendation.
Commissioner Ricke inquired about the regulation regarding permitting only one
structure on the property. Mr. Parrish replied thcy were allowed only one principal
structure on a property, but a boathouse was considered an accessory structure, such as a
shed.
Chair Sand asked how the three-foot requirement on the shoreline related to the City
Zoning Ordinance regarding lakeshore setbacks. Mr. Parrish replied that was for a
primary structure, not an accessory structure.
Commissioner Bezdicek asked for clarification regarding new structures not allowed to
be built on the shore. Mr. Parrish replied he did not know the history of the shoreline
Ordinance, but when the City recodified the Ordinances, this Ordinance was essentially
the same. He stated he did not know of any requirement that allowed only one structure
on lakefront property.
Commissioner Bezdicek asked when the DNR stopped regulating this kind of activity.
Mr. Parrish replied he did not have that information.
Commissioner Ricke asked for a definition of a boathouse. Mr. Parrish replied it was a
structure for the house of a boat and miscellaneous items.
Fred Berndt, applicant, stated he had lived in the home for 20 years. He indicated they
could not add onto the home and they needed additional storage. He stated they were
planning on buying a boat. He indicated the proposed boat house would look nice.
Steve Nelson, 3475 Siems Court, stated when they built in 1985, they were told they
could only have one permanent structure on the property and they could not put any
structure within 75 feet of the lake. He stated if they would have been allowed to put
build a boathouse, he would have done that for storage of his boat. He stated boathouses
were unsightly and blocked the view of the lake. He indicated other residents would put
boathouses in if they could. He objected to the two stories on the proposed boathouse. He
asked they put a limitation on the Special Use Permit. He indicated he understood that
structures could be built within 50 feet of the lakeshore, so Mr. Berndt could add onto his
home ifhe was 75 feet from the lakeshore.
Chair Sand askcd who told him they could not build within 75 feet of the lakeshore. Mr.
Nelson replied the City had informed him that a boathouse was not allowed because it
would be a pcrmanent structure, which was against DNR regulations and the City had
adopted the DNR regulations.
ARDEN HILLS PLANNING COMMISSION - JULY 17,2002
3
Chair Sand asked if the DNR regulations had changed since 1985 with respect to what .
could be built near the shoreline and if not, how did the DNR regulations, the Shoreline
Ordinance and Zoning Ordinance interrelate. Mr. Parrish replied he did not know the
historical changes within the DNR regulations but he did have peripheral knowledge as to
what they were now. He indicated it was up to the applicant to work with the DNR and
the Rice Creek Watershed District.
Mr. Parrish stated regardless of that the DNR said, the City was obligated to process the
request based on the City's Shoreline Ordinance.
Chair Sand asked for the proposed square footage. Mr. Parrish replied it was
approximately 730 square feet.
Mr. Parrish stated there might be some conflict between the Shoreline Ordinance and the
Zoning Ordinance, and it was a regular procedure to go with the more restrictive
Ordinance in making their decisions.
Roberta Thompson, 3413 Snelling Avenue, addressed the hardship perspective regarding
this request. She indicated all residents on the lake had the same type of hardship. She
stated she needed additional storage also. She stated this was very common because of
the type of lots that were on the lakeshore. She expressed concern about the setback. She
expressed concern about this setting precedence in the future and more residents
requesting boathouses. She expressed concern about the size of the proposed boathouse. .
She stated she did not agree with the hardship. She stated this was a challenge, but it was
not something that they could not live without. She challenged the City to make sure the
Ordinances were in sync.
Mary Mee, 1520 Edgewater Avenue, stated when they bought their lots, it was a
stipulation that no more than one structure was to be built on the lot. She stated she
strongly disapproved having a boathouse put on the lake. She stated this was a small lake,
and it would encourage larger boats. She expressed concern about the safety issues and
the destruction of the beauty of the shoreline. She stated once they had one boathouse,
there would be more. She asked the Commission to deny this request.
Mary Ellen Stanton, stated she was concerned about the aesthetics with a boathouse put
on the shoreline. She stated right now everything was open and if a boathouse was put on
the lake, it would obstruct this view.
Rebecca Krieg, 3382 Lake Johanna Boulevard, objected to this request because it would
clutter the lake and set precedence for the future.
Bill_, 1541 Edgcwater Boulevard, stated they had been informed that only the home
and garage was allowed on the lake. He expressed concern about the geology of the area
with allowing boathouses. He exprcssed concern about setting precedence for future
boathouses.
Marie Bezdicek, 3324 Lake Johanna Boulevard, Lakc Johanna Home Improvcment
association, stated she had received many calls expressing concern about this setting a
precedence and expressed concern about the pristine beauty of the shoreline and the
preservation of that view. She requested the Commission deny the Special Use Permit.
.
.
.
.
ARDEN HILLS PLANNING COMMISSION ~ JULY 17, 2002
4
Ms. Thompson stated there were seven smaller structures (sheds) on other lots on the
lake. She stated she did not know how long those structures had been on the lake. She
stated she was told ifher shed were damaged beyond repair, she would not be allowed to
rebuild it.
Council Member Aplikowski stated Ms. Hansen's boathouse was built in 1940.
Rosemary McMonigal, McMonigal Architects, addressed the blocking of views. She
stated there were significant trees along the Northwestern College side, and this structure
would be a low profile and blend into the trees and landscaping. She stated the structure
had been proposed within the guidelines. She stated currently Mr. Berndt's wall was
collapsing, which needed repair and applicant wanted to improve this area.
Betty Stanton, 1560 Edgewater Avenue, stated the lots were quite narrow and many
people on the block had boats, which were moored on the docks. She expressed concern
about this setting precedence and other people wanting boathouses also.
Mr. Berndt stated when all of the lots were sold, there were restrictive covenants in the
deeds, which had expired. He stated there were no outstanding covenants. He stated he
did not believe a dock with boats moored to them, was any more unsightly than a
boathouse. He stated the lake would not accommodate large boats and he did not believe
anyone would want to put a large boat on the lake. He stated where they were proposing
to build the boathouse, only people across the lake would be able to see it.
Mary Ellen Stanton, stated there were docks with the awnings on thcm that were not there
in the winter time and she believed this was different than a permanent structure. She
statcd this request would block a view of the lake.
Steve Nelson stated he believed boathouses in general were unsightly. He expressed
concern about setting precedence for others who would want a boathouse. He requested if
the City allowed boathouses, they establish criteria for boathouses that everyone needed
to comply with. He asked the Commission to reconsider this request.
Ms. Thomson stated she also had to rebuild her shoreline, which did not entail a
boathouse. She stated a boatlift on a property was very different from a boathouse.
Chair Sand asked what did the residents do with their summer equipment in the winter.
He stated he believed the shoreline looked unsightly during the winter. Ms. Thompson
replied they paid for off-site storagc. She stated the boatlifts and the docks were usually
put on shore and as long as they were put on the shore neatly, that was not a problem. She
stated the docks and the lifts could not stay in the lake due to ice damage.
Commissioner Lemberg cited a couple of properties where they did not stack their docks
and boatlifts. Ms. Thomson replied those property owners did not havc a large enough lot
to properly stack the docks.
Chair Sand closed the public hearing at 8:35 p.m.
ARDEN HILLS PLANNING COMMISSION - JULY 17,2002
5
Chair Sand stated he was concerned that the Zoning and Shoreline Ordinances were .
vague with respect to accessory structures. He asked which Ordinance superceded the
other. Mr. Parrish replied the more restrictive requirement superceded the other
Ordinance.
Chair Sand stated he was uncomfortable approving this without clarification III the
Ordinances. He stated he was inclined to vote against it.
Commissioner Lemberg stated he would like to see a perspective as to what the proposed
boathouse would like from the other side of the lake.
Commissioner Bezdicek moved, seconded by Commissioner Zimmerman, to deny
Planning Case #02-15, Fred and Sylvia Berndt Special Use Permit Amendment based on
the following findings:
1. The proposed boathouse does not further the purpose and intent of Zoning
Ordinance Section 1 (B) (2) "to promote the character of and preserve and
enhance the properties and areas within the city including wetlands, ponds and
marshes.
The motion carried unanimously (7-0).
CASE #02-16 - NORTH HEIGHT LUTHERAN CHURCH, 1700 WEST HIGHWAY 96. .
SIGN STANDARD ADJUSTMENT - PUBLIC HEARING
Staff reviewed their July 9, 2002 report and recommended approval of the sign standard
adjustment as presented.
Chair Sand stated he had misplaced his copy of the Sign Ordinance and requested a copy
ofthis Ordinance be sent to him.
Chair Sand asked if the Sign Ordinance prohibited the electronic signage. Mr. Parrish
replied the previous Sign Ordinance prohibited electronic signs, but the current ordinance
did not.
Commissioner Lemberg asked if this would be a revolving, flashing sign. Mr. Parrish
replied the top part of the sign would be fixed, in-place type. The electronic portion
would be on the bottom of the sign.
Chair Sand opened the public hearing at 8:50 p.m.
Mr. Loge]in, North Heights Lutheran Church Minister of Administration, stated the
purpose of the sign would be for traffic management. He stated it would be located ]75
feet from the south of Highway 96. He stated it was 8 feet wide by 5 feet 8 inches height.
He stated they had three entrances and one of the problems they had was people not
knowing where to go once they got to where they were proposing to put the sign. He .
indicated when people stopped to ask for directions, the traffic would back up on
Highway 96. He stated they did not intend to flash or circulate the sign because it would
add to the confusion. He noted this sign would also eliminate clutter on the property by
people not putting temporary signs on the road.
Jul 15 02 06:39"
blf
5012256738
p.2
.
July 15, 2002
Aaron Parrish
Cily Planner
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
RE: Comments for Public Hearing on Special Use Permit
Dear Mr. Parrish and Members ofthe Planning Commission:
We arc writing this letter to voice Our concern and 10 communicate that we are very much
against issuing a special use permit to Fred and Sylvia Berndt, 1575 Edgewater Avenue
West to build a boat house on their propelty.
.
We (Earl G. Ford and Pamela DaWin Ford) have lived and owned the bouse at 1557
Edgewater Ave since 1952. We love our lake sbore property and the wonderful views it
presents us. We are very mucb against the construction of any new boat houses on the
lake. We believe they are ugly, will create visual impairment, and serve no viable
purpose. It has been our understanding for years that no new boat houses would be
allowed to be constructed on the lake and that the MitlileSOla DNR also has regulations or
guidelines against any such structures near any lake shore within the state. We see no
reason to open this pandoras's box.
We respectfully request that you deny this request for a special use permit and any such
requests in the future. We also request that you take whatever action is necessary to
preclude any such requests in tbe future.
In our opinion, this issue concerns everyone who lives on or uses the Jake, not just the
property owners within 350 fl. We, as a community, need to do whatever we can to
enhance the wonderful resource Lake Johanna provides everyone visiting the lake.
Construction of boat houses along the shoreline serves no useful purpose for the public
who use the lake and values its beauty.
Respectfully,
~ !1d i.,..f)
Earl G. Ford
] 557 Edgewater
Arden Hills, MN
;:J~ l~
Pamela DaWin Ford
II Banfield Lane
Little Rock, AR
.
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I JUL 1 " 2002
I .
I CITY Of ARDEN HiLL:;>
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JnJy 12,2002
Mr Alton J>arish; City n;Ll)Jl!lf
City of Arden Hill,
1245 West Highway 96
Arden Hills, MN 55112
Dear Mr .Parish:
I am replying to the notice of the "special use penn!t" request by the Berndts to
the City of Ar~.n Hills 19 .""illln bo;lthouse on tMil lot on Mll<e )ohamli!.
My wift and I ~ to the granting of this reqlJeSt.
In OJll rosi!lcnti."II ;rrea of sm.a11 lols on a small ]akeany such s.truchrro ; in our
opinion, would spoil the lxauty of the lake for a1] lakeshore residenu. The restrictions
8Jl\'1I1ld O!lt .in OJlf ~ we.J1: S\,ppo~ 19 protlll'l!lS ft(>m s!,,,.h a possibility;
We urgently ask you to deny this request.
i::;:r~u~
Joseph Kuhnke
\.... REfcEIVED
JUL 1 5 200l
I CITY OF ARDEN HILLS 1
.
July 11,2002
Edward Dickinson
Nancy Jacobson
3188 Asbury Avenue
Arden Hills, MN 55112
Aaron Parrish, City Planner
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
RECEIVED I
JUL 1 5 2002
.
I CITY OF f\FWEN }iILLS I
Dear Aaron Parrish:
We received a notice of a public hearing concerning Fred and Sylvia Berndt request for a
special use permit to build a boat house on their property, Planning Case #02-15 Berndt
Special Use Permit. We will not be able to attend the meeting on July 17th so we would like
to voice our concern about their application for the permit.
Lake Johanna already has houses surrounding the shoreline. If you're in a boat on the lake or
standing on the shore Tony Schmidt Park and the Northwe;iern College are the only places .
where there is open space at the shore of the lake. Allowing one person to build a boat house
on the lake would only encourage other lakeshore owners on this and other Arden Hills lakes
to build other boat houses thus increasing the amount of buildings around the lake. Suddenly
views ofthe lake would crowded with small structures located at the lakeshore. The increase
in buildings would also increase the amount of impermeable surface in the area creating more
stormwater runoff into the lake.
I, on the other hand, would prefer opening up the land around the lake so a recreational trail
could be built allowing the public to enjoy this beautiful resource. 1 realize that the land
around the lake is mostly developed but perhaps a section of trail on the northern end
between the lake and the road could be connected with another trail.
Sincerely,
~c~~
Nancy Jacobson
.
.
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July 16, 2002
Planning Commission
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
Mr. and Mrs. Lawrence J. McGough
1666 Lake Johanna Boulevard
Arden Hills, Minnesota 55112
REC'-I'l' D
...'f.:~ V t:
jUL 1 " 2002
I
I CITY OF ARDEo' HILLS
Reference: Special Use Permit
Fred and Sylvia Berndt
1575 Edgewater Avenue
To Whom it May Concern:
I am writing in opposition to the request for a Special Use Permit to
build a boat house on Lake Johanna. I believe that it could lead
to proliferation of such requests and would spoil the views of other
lake residents.
Granting a Special Use Permit for such an endeavor will set a
dangerous precedent.
,j!;~,L
Larry tC:;h---r
IM/ abm
F
Parrish, Aaron
_rom:
nt:
0:
Subject:
Stephen L. Nelson [snelson@slnelson,com]
Wednesday, July 17, 2002 5:12 PM
'aaron ,parrish@cLarden-hills,mn,us'
FW: Upcoming Public Hearing on Special Use Permit for a boat hous e on Lake Johanna
> -----Original Message-----
> From: Stephen L. Nelson
> Sent: Wednesday, July 17, 2002 5:07 PM
> To: 'aaronparrish@ci.arden-hills.mn.us1
> Subject: Upcoming Public Hearing on Special Use Permit for a boat
> house on Lake Johanna
>
> 07/17/02
>
> Aaron -
>
> Hopefully this will get to you before the hearing. I have been in
> meetings all day and I may not be able to make it tonight to the
> meeting. The granting of a request for a boat house sets a very dangerous
> precedent. Many of our lake lots are very small. I think many
> boathouses on the lake front will wreck the aesthetics of the lake.
> CurrentlYr there are some older homes that have boathouses but they are
> grand fathered in due to when they were built. I would love to have a
> boat house but I know it is not permitted. I would be opposed to the
> granting of a special use permit for this purpose. There is no
> hardship and if it is needed for boat storage you can purchase boat lifts with
~canopies for a lot less money. It will block the view of neighbors_ If
~one is approved, you will have 50 requests (mine included) within a very
> short time. I urge the planning commission not to approve this request.
>
>
>
Steve Nelson
(651)
> 642-2606
.
1
-.
Parrish, Aaron
From: H D HANSEN [nancykhansen@msn.com]
Sent: Thursday, July 18, 2002 12:05 PM
To: aaron.parrish@cLarden-hills.mn.us
.
Good Morning, My name is Nancy Hansen and I live at 3368 Lake Johanna Blvd. I have shoreline property and
have owned here since 1940. I received an email from the Lake Johanna Improvement Society (one I ran for
over 20 years) about a structure to be built on Lake Johanna, I assume shoreline. I have another meeting tonight
so I cannot attend the planning commission meeting. I don't know what is planned; however I do think you need
to be aware that the DNR has extreme restrictions and I don't think a special use permit from you will override it.
In the past, they have stopped stone retaining walls, even those not on the shoreline but within 25 feet of the
water. So this probably needs to be run by the DNR and Rice Creek has many issues as well. I don't mean to tell
you your job and you may be very aware of these restrictions.
As a shoreline owner, I have a boat house, built in 1940 and maintained to perfection. Some other accessory
structures are in poor repair and that has been an issue for years by shoreline owners.
I don't stand opposed to another person having some of the advantages I have enjoyed for years, but I do think
we need to look like all the sides. There is or was an ordinance (when I served on the City Council) that even
restricted storage of ice houses on the shoreline. Consider all the ramifications of that if you permit one
accessory building. How many are we going to get, how many ice houses will be stored on the shoreline, when
will it end?
I am home most of today, 633-1097 and I have voice mail if I don't catch the phone. I appreciate you listening to
me and conveying any new information to the planning commission. Having served the city for many years in
many different capacities, I understand the commitment for the commissioners and paid staff to continue to
maintain the wonderful quality of Arden Hills. Thanks.
Nancy Hansen
.
.
7/17/2002
.
.
.
f'
Parrish, Aaron
From: dkuechenmeister@msn.com
Sent: Tuesday, July 16,20029:34 PM
To: aaron.parrish@ci,arden-hills,mn,us
Subject: Special Use Permit Request
Dear Mr. Parrish;
It has been brought to my attention that one of the residents on Lake Johanna has requested a
Special Use Permit to build a structure on the shore of Lake Johanna. Being a resident of Lake
Johanna at 3372 Lake Johanna Boulevard I wish to advise that I object to the granting of the
Special Use Permit. The set backs and building regulations were established based on residential
discussions and agreement and must not be deviated from relative to lakeshore usage. I am
unable to attend the meeting on July 17,2002, but wish to register my objection
to approval of the subject request.
Sincerely,
L. Daniel Kuechenmeister
3372 Lake Johanna Boulevard
Arden Hills, MN 55112
7/1612002
.
.
.
.
,
~
~
EN HILLS
MEMORANDUM
DATE:
Agenda Item 7. C
July 22, 2002
TO:
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
Joe Lynch, City Administrator
FROM:
Aaron Parrish - Community Services Director
SUBJECT:
Planning Case #02-16, Sign Standard Adjustment
North Heights Lutheran Church, 1700 Highway 96 West
ENCLOSURES:
July 9,2002 Memo to Planning Commission
Updated Sign Illustration and Location Map
Planning Commission Meeting Minute Excerpt
Request
The applicant is requesting a sign standard adjustment from the sign code to construct an
auxiliary sign larger than the code required maximum.
Deadline fOT Al!encv Actions
The City of Arden Hil1s received the completed application for this request on June 13, 2002.
Pursuant to Minnesota State Statue, the City must act on this request by August 12, 2002 (60
days), unless the City provides the petitioner with written reasons for an additional 60 day review
period. The City may with the petitioners consent extend the review period beyond the 120 days.
Options
1.
2.
Recommend approval as submitted.
Recommend approval with conditions.
.
.
.
,
2
July 22, 2002
Planning Case #02-16
3. Recommend denial with reasons for denial. If the City denies the petitioners request, "...it
must state in writing the reasons for the denial at the time that it denies the request."
4. Table for additional information.
Planninl! Commission Recommendation
In Planning Case #02-16, the Planning Commission recommends approval of the sign standard
adjustment finding that:
I. The sign adjustment will allow a sign of exceptional design or a style that will enhance the
area or that is more consistent with the architecture and design of the site.
2. The sign adjustment will not result in a sign that is inconsistent with the purpose of the
zoning district in which the property is located.
and with the following conditions:
I.
2.
3.
The LED display does not flash.
The LED display be limited to church hours.
The sign be exclusively used for internal traffic management.
~
~~HILLS
FILE COpy
.
CITY OF ARDEN HILLS
MEMORANDUM
DATE; July 9, 2002
TO: Planniug Commissiou
FROM: Aaron Parrish, Community Services Director ;;-f
SUBJECT; Case #02-16, North Heights Lutheran Church
Sign Standard Adjustment
Request
The applicant is requesting a sign standard adjustment from the sign code 10 construct an
auxiliary sign larger than the code required maximwn.
.
Overview
Surrounding Area
. ... I Existing Land Use
Direction Future Land Use Plan Zoning
North TCAAP / Highway 96
South Park R-I Single Family Royal Hills Park
Residential
East LDR: Low Density R-l Single Family Vacant I Single Family
Residential Residential Detached Residential
West Highway 10
Site Data
Future Land Use Plan: Public and Institutional
Existing Land Use: Institutional
Zoning: R- I Single Family Residential
Size: 4 I acres
.
.'
.
.
.
Memo to Planning Commission
Planning Case #02-16: North Heights Sign Standard Adjustment
Page 2 of3
Overview
The applicant is requesting a sign standard adjustment to construct an auxiliary sign
larger than the code required maximum. The sign ordinance currently limits auxiliary
signage to 4 s.f. in this particular sign district. The applicant is currently proposing a 32
square foot sign. Generally speaking, given the size and location of the sign, it would not
be fully visible from Highway 96. See the attached sign location map for additional
information.
In addition, there would be an electronic element to the sign. This would allow the
Church direct people to different portions of the campus based on the various activities.
There are currently no limitations in the sign ordinance relative to the use of electronic
signs. However, the ordinance does indicate that only non-illuminated auxiliary signs are
permitted.
Sien Standard Adjustment Criteria
It is necessary to make the following findings in order to grant an adjustment to the sign
ordinance:
a.
There are site conditions which require a sign adjustment to allow the sign
to he reasonably visible from a street immediately adjacent to the street;
Or,
b. The sign adjustment will allow a sign of exceptional design or a style that
will enhance the area or that is more consistent with the architecture and
design of the site; And, after finding positively on condition A or B above,
c. The sign adjustment will not result in a sign that is inconsistent with the
purpose of the zoning district in which the property is located.
From staffs perspective, the proposed sign standard adjustment meets criteria Band C.
Deadline for Aeencv Actions
The City of Arden Hills received the completed application for this request on June 13,
2002. Pursuant to Milmesota State Statue, the City must act on this request by August
12, 2002 (60 days), unless the City provides the petitioner with written reasons for an
additional 60 day review period. The City may with the petitioners consent extend the
review period beyond the 120 days.
Options
1.
2.
Recommend approval as submitted.
Recommend approval with conditions.
Memo to Planning Commission
Planning Case #02-16: North Heights Sign Standard Adjustment
Page 3 of3
3. Recommend denial with reasons for denial. If the City denies the petitioners
request, "...it must state in writing the reasons for the denial at the time that it
denies the request."
4. Table for additional information.
Staff Recommendation
Due to the large size of the site, and since the proposed sign will primarily be internal to
the site, staff recommends approval ofthe sign standard adjustment finding that:
1. The sign adjustment will allow a sign of exceptional design or a style that will
enhance the area or that is more consistent with the architecture and design of the site.
2. The sign adjustment will not result in a sign that is inconsistent with the purpose of
the zoning district in which the property is located.
Attachments
1.
2.
3.
4.
Property Location Map
Applicant's Narrative Statement
Sign Location Map
Sign Illustration
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Description of Reques! (also inclu~e 3 etter explained the prOject:
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FllIna ReQuirements and Payment of Fees
The City requests that you mak~ .a pfe.application meeting with the City Planner to discuss Itle
applicallon process, requirement,.: and deadltnes, The undersigned acknowledges that sheil1e
unOerstands that before this request can be considered. at! req-.;iroo infurmation and fees (Including all
deposits) must be paid to the City m advance. If additional fees are required to cover costs lilCUfTed by
the City, the City Planner has he right to recuire additiona' payment from one or moe of tM
undersign6d, who shall be joi'1tiy liable for sech fees. Such expenses may include (but are no!l,mited to)
o"'-{ city payroll and overhead costs, faes paid to consultancs and olher professionais, ood the cost of
~ 19. mailing and supplIes. The City may withhold final action on a :and use appUca,Ion and/or rescind
pnor action until all miscellaneous fees have been paid. Applicants are advisad t~at an escrow depesit is
required at the lime of the sub" ittal of the Land Use Application te offset costs associated with the
propos.d project.
Required Submittal Information
The City of Arden Hill. requires the submi;rai of a certiFlfJd land survey acd site plan(s) lor all deJelopment
protects In tne Cfty. True and accurate re:prQ~nt.atian of the requirements outlined in the proclttdural
form for the specified type of request is the responsibility of the applicant The City fequ',rss five
(5) large scale copies, folded In sets no larger than 8 Yi' x t4" with the print side facing out plus fifty (50)
copies of 11' X 17' reductions of ail pions. Mailing labels of all properties within 350 f..el of the
property are requIred wIth this applicatiofl. il-Jis in(ormatfon may be obtafned from Ramsey Ccunt~!
Comoletellncomplete APplications
An incomplate appl:caUon wij' daray tna processing of land Lise requests:. Thoe application approval ti'lle
commences and an applic;atiJfi is cOB~lde{ed officiall). file<.f when the City PJann~r f183 received and
examined the application ard detenn';1sd IVat the application is complete. The deosion V{hethe~ the
ar-pUcBtion is complete or i~complet8 "i:lafl 'J~. mi.iCe within ten (10) b'-.isiness days foflowing t;-;e :;.>ubm1lal
of the appHcatlon. When the applicatiGil ie c'a;'-HT,ed to be "complete" it shah :,e placed on the agan ja of
thd first possible Planning Commission meethg occurring at leas~ thirty (30) days from the cate of orr;,ci81
Submission of the applicatIon.
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ARDEN HILLS PLANNING COMMISSION - JULY 17,2002
5
Chair Sand stated he was concerned that the Zoning and Shoreline Ordinances were
vague with respect to accessory structures. He asked which Ordinance snperceded the
other. Mr. Parrish replied the more restrictive requirement superceded the other
Ordinance.
Chair Sand stated he was uncomfortable approving this without clarification in the
Ordinances. He stated he was inclined to vote against it.
Commissioner Lemberg stated he would like to see a perspective as to what the proposed
boathouse would like from the other side of the lake.
Commissioner Bezdicek moved, seconded by Commissioner Zimmerman, to deny
Planning Case #02-15, Fred and Sylvia Berndt Special Use Permit Amendment based on
the following findings:
1. The proposed boathouse does not further the purpose and intent of Zoning
Ordinance Section I (B) (2) "to promote the character of and preserve and
enhance the properties and areas within the city including wetlands, ponds and
marshes.
The motion carried unanimously (7-0).
CASE #02-16 - NORTH HEIGHT LUTHERAN CHURCH, 1700 WEST HIGHWAY 96,
SIGN STANDARD ADJUSTMENT - PUBLIC HEARING
Staff reviewed their July 9,2002 report and recommended approval of the sign standard
adjustment as presented.
Chair Sand stated he had misplaced his copy of the Sign Ordinance and requested a copy
of this Ordinance be sent to him.
Chair Sand asked if the Sign Ordinance prohibited the electronic signage. Mr. Parrish
replied the previous Sign Ordinance prohibited electronic signs, but the current ordinance
did not.
Commissioner Lemberg asked if this would be a revolving, flashing sign. Mr. Parrish
replied the top part of the sign would be fixed, in-place type. The electronic portion
would be on the bottom of the sign.
Chair Sand opened the public hearing at 8:50 p.m.
Mr. Logelin, North Heights Lutheran Church Minister of Administration, stated the
purpose of the sign would be for traffic management. He stated it would be located 175
feet from the south of Highway 96. He stated it was 8 feet wide by 5 feet 8 inches height.
He stated they had three entrances and one of the problems they had was people not
knowing where to go once they got to where they were proposing to put the sign. He
indicated when people stopped to ask for directions, the traffic would back up on
Highway 96. He stated they did not intend to flash or circulate thc sign because it would
add to the confusion. He noted this sign would also eliminate clutter on the property by
people not putting temporary signs on the road.
"
ARDEN HILLS PLANNING COMMISSION - WL Y 17,2002
6
Commissioner Smithknecht asked how much of the sign would be visible from Highway .
96. Mr. Logelin replied it would be minimally visible until they turned into the driveway.
He stated this sign was not to advertise the Church.
Chair Sand closed the public hearing at 8:57 p.m.
Chair Sand asked how many current auxiliary signs did they have on the property. Mr.
Parrish replied there was no limitation on the number of auxiliary signs on a property and
he did not know how many auxiliary signs where on this property. He stated this
auxiliary sign would not have a logo on it. He indicated the Commission could either
look at this sign as an auxiliary sign or a monument sign.
Commissioner Lemberg stated they needed to look at the definition of sign illumination.
Mr. Parrish stated the Ordinance prohibited flashing signs, but ifthe sign was not flashing
then it would not be prohibited.
Commissioner Zimmerman stated he would not want the sign visible from Highway 96.
Commissioner Ricke asked if it would be positioned so it would only be visible once they
entered the property. Mr. Logelin replied the sign would parallel Highway 96 and would
not be a distraction to Highway 96. He indicated seeing the sign from Highway 96 would
serve no purpose. He stated they had lowered the sign eight inches from their original .
design so it would not be obtrusive, yet readable. He replied the sign would be on a slight
berm.
Commissioner Zimmerman expressed concern that this SIgn would bc seen from
Highway 96.
Commissioner Ricke also expressed concern that the sign would be seen from Highway
96. Mr. Logelin stated the church would not be advertised on the sign and the main
purpose of the sign was internal traffic management.
Commissioner Smithknecht asked ifthe sign could be placed off to the side. Mr. Logelin
replied people would not look for a sign off to the side.
Chair Sand stated he was not concerned about seeing the sign from Highway 96. He did
not want to see the sign flashing though.
Commissioncr Ricke asked the hours the sign would be used. Mr. Logelin replied it
would be used from 7:00 a.m. to 10:00 p.m.
Commissioner Lemberg stated this sign made sense because of the traffic backups that
occurred on Highway 96. He believed this sign would aid to good traffic management.
Chair Sand agreed with Commissioner Lemberg.
.
.
.
.
ARDEN HILLS PLANNING COMMISSION - WL Y 17, 2002
7
Commissioner Lemberg moved, seconded by Commissioner Duchenes, to approve
Planning Case 02-16, North Heights Lutheran Church, Sign Standard Adjustment based
on the following findings and with the following conditions:
1. The sign adjustment will allow a sign of exceptional design or a style that will
enhance the area or that is more consistent with the architecture and design of
the site.
2. The sign adjustment will not result in a sign that is inconsistent with the
purpose ofthe zoning district in which the property is located.
3. The sign does not flash.
4. The sign be turned off at 10:00 p.m.
Commissioner Duchenes requested the following friendly amendment: The sign be used
exclusively for internal traffic management. Commissioner Lemberg accepted the
friendly amendment.
The motion carried unanimously (6-1 Zimmerman).
PLANNING CASE 02-17: LISA AND MACK FERTIG, 1413 COLLEEN AVENUE,
SETBACK VARIANCE - PUBLIC HEARING
Staff reviewed their July 10, 2002 report. Staff reviewed the five findings necessary for a
variance. Staff recommended approval of a reduced side yard setback of 6 feet, where 10
feet is required.
Commissioner Ricke asked if the other homes along the street wanted to change from a
two car to a three car garage, was there room to grant variances to all of those lots. Mr.
Parrish replied any other residents would also need to apply for a variance and it would
be up to the Commission to look at each request individually.
Conunissioner Ricke expressed concern about setting precedence if a three car garage
was allowed.
Commissioner Ricke asked if a two deep garage would fit on this property. Mr. Parrish
replied this property could accommodate that type of a proposal.
Chair Sand asked if there were other homes in this neighborhood that had received
variances for three car garages. Mr. Parrish replied he did not have this information.
Commissioner Zimmerman stated he did not see this was a hardship.
Commissioner Lemberg asked if they would have access to the backyard if they needed
to get a vehicle in there. Mr. Parrish replied without the variance, they would have 17
feet.
Chair Sand asked if there were other homes on the north side of Colleen that had threc
car garages. Mr. Fertig replied both of his neighbors had three car garages.
.
.
.
~
~
EN HILLS
MEMORANDUM
DATE:
July 22, 2002
Agenda Item 7.D
TO:
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
Joe Lynch, City Administrator
FROM:
Aaron Parrish - Community Services Director
SUBJECT:
Planning Case #02-17, Setback Variance
Mack and Lisa Fertig, 1413 Colleen Avenue
ENCLOSURES:
July 10, 2002 Memo to Planning Commission
Planning Commission Meeting Minute Excerpt
Request
The applicant is requesting a variance from the side yard setback requirement in the R-I Zoning
District for an addition. The applicant is requesting a 6 foot rear side yard setback where a 10
foot setback is required.
Deadline for Al!:encv Actions
The City of Arden Hills received the completed application for this request on June 25, 2002.
Pursuant to Minnesota State Statute, the City must act on this request by August 24th, 2002 (60
days), unless the City provides the petitioner with written reasons for an additional 60-day
review period. The City may with the petitioners consent, extend the review period beyond 120
days.
Options
1.
2.
Recommcnd approval as submitted.
Recommend approval with conditions.
.
.
.
2
July 22, 2002
Planning Case #02-17
3. Recommend denial with reasons for denial. If the City denies the petitioners request,
"...it must state in writing the reasons for the denial at the time that it denies the request."
4. Table for additional information.
Planninl!: Commission Recommendation
In Planning Case 02-17, thc Planning Commission recommends denial of a reduced side yard
setback of 6 feet, where 10 feet is required finding:
I. No hardship exists on the property.
2. The previously existing two car garage can be rebuilt within the required setback.
FilE COPY'
~
~~HILLS
.
CITY OF ARDEN HILLS
MEMORANDUM
DATE:
July 10, 2002
TO:
Planning Commission
Aaron Parrish, Community Services Director ~
FROM:
SUBJECT:
Case #02-17, Setback Variance
Mack and Lisa Fertig, 1413 Colleen Avenue
Request
.
The applicant is requesting a variance from the side yard setback requirement in the R-1
Zoning District for an addition. The applicant is requesting a 6 foot rear side yard setback
where a 10 foot setback is required.
Back~round
Surrounding Area
-..
Direction Future Land Use Plan Zoning Existing Land Use
North Medium Density Residential R-3 Sinqle Family Attached Residential
East Low Density Residential R-1 Single Family Detached
Residential
South Low Density Residential R-1 Single Family Detached
Residential
West Low Density Residential R-1 Single Family Detached
Residential
Site Data
Future Land Use Plan:
Existing Land Use:
Low Density Residential
Single Family Detached Residential
.
. Memo to Planning Commission
Plauning Case #02-17
Page20f4
Zonino: R-1 Single Family Residential
Size: 13,982 square feet
Topography: Relatively Flat
Variance Criteria
Due to a fire, the applicant is seeking to replace their garage. They are also seeking to
expand the existing structure from a two car garage to a three car garage. The expansion
necessitates a variance. The R-1 Zoning District allows for a 10' side yard setback for
principle structures. The applicant is proposing to replace/expand their attached garage
approximately 6 feet from the property line. See the attached letter from the applicant
outlining the need for a variance. Please note that a survey/site layout illustrating the
garage addition has not been included for your review. This is primarily due to the short
time available due to the fire. However, staff has validated the location of the existing
garage utilizing a previous survey of the property.
A. State Requirements
.
Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue
hardship" as:
"... means the property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls, the plight of the landowner is due to circumstances unique to the
property not created by the landowner, and the variance, if granted, will not alter the essential
character of the locality. Economic considerations alone shall not constitute an undue hardship if
reasonable use of the property exists under the terms of the ordinance...."
B. City Requirements
Section VIII, D, 4, c and d, of the City's Zoning Ordinance state that,
"Adherence to the provisions of this ordinance is required, except for special cases which arise
because of the configuration of a particular parcel. The condition shall not have been created by
the landowner. A variance or variances of a side of a lot, the shape of the lot or the unusual
terrain prohibit reasonable development equivalent to that which would be permitted without
variance on a similar size lot located in the same district, but which lot has no unusual
configuration. Economic conditions alone shall not be grounds for a variance. In no case shall
the granting of a variance impair the health, safety, comfort and general welfare of the public, nor
will it be contrary to the intent and purpose of the Comprehensive Plan, the official map or this or
any other ordinance of the City".
Variance Findinqs
. In order to grant a variance, the following criteria must be addressed as defined by the City
and the State. For this variance application, staff can make the following comments:
Mcmo to Plmming Commission
Planning Case #02-17
Page 3 of 4
.
1. Whether the circumstances for which the variance is requested are unique to the
property.
There are no circumstances that are particularly unique to the property.
2. Whether granting the variance would be in keeping with the spirit and intent of the
City's Zoning Code.
The variance would be keeping with the spirit and intent of the zoning code. More
specifically, granting the requested variance would "promote the character of and
preserve and enhance the properties and areas within the city. . . ."
3. Whether the property in question can be put to a reasonable use without granting of
a variance.
The garage could be replaced with a two car attached garage that was previously
on the property. With our without the addition, the property can be put to use as a .
single family home.
4. Whether the hardship was created by the property owner.
At this point, no specific hardship can be identified.
5. Whether granting the variance will alter the essential character of the neighborhood.
This will not alter the essential character of the neighborhood. Many homes have
three car attached garages. Similar neighborhoods zoned R-2 Single and Two
Family Residential are allowed a 5 foot side yard setback.
Deadline for AQency Actions
The City of Arden Hills received the completed application for this request on June 25,
2002. Pursuant to Minnesota State Statute, the City must act on this request by August
24th, 2002 (60 days), unless the City provides the petitioner with written reasons for an
additional 60-day review period. The City may with the petitioners consent, extend the
review period beyond 120 days.
Options
1.
2.
3.
Recommend approval as submitted.
Recommend approval with conditions.
Recommend denial with reasons for denial. If the City denies the petitioners
.
.
.
.
Memo to Planning Commission
Planning Case #02-17
Page 4 of 4
request, ". ..it must state in writing the reasons for the denial at the time that it denies
the request."
4. Table for additional information.
Recommendation
In Planning Case 02-17, staff recommends approval of a reduced side yard setback of 6
feet, where 10 feet is required finding:
1. Granting the variance would be in keeping with the spirit and intent of the City's Zoning
Code.
2. Granting the variance will not alter the essential character of the neighborhood.
Attachments
1. Location Map
2. Applicant's Statement
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ARDEN HILLS PLANNING COMMISSION - JULY 17, 2002
7
Commissioner Lemberg moved, seconded by Commissioner Duchenes, to approve
Planning Case 02-16, North Heights Lutheran Church, Sign Standard Adjustment based
on the following findings and with the following conditions:
I. The sign adjustment will allow a sign of exceptional design or a style that will
enhance the area or that is more consistent with the architecture and design of
the site.
2. The sign adjustment will not result in a sign that is inconsistent with the
purpose of the zoning district in which the property is located.
3. The sign does not flash.
4. Thc sign be turned off at 10:00 p.m.
Commissioner Duchenes requested the following friendly amendment: The sign be used
exclusively for internal traffic management. Commissioner Lemberg accepted the
friendly amendment.
The motion carried unanimously (6-1 Zimmerman).
PLANNING CASE 02-17: LISA AND MACK FERTIG, 1413 COLLEEN AVENUE,
SETBACK VARIANCE - PUBLIC HEARING
Staffreviewed their July 10, 2002 report. Staff reviewed the five findings necessary for a
variance. Staff recommended approval of a reduced side yard setback of 6 feet, where 10
feet is required.
Commissioner Ricke asked if the other homes along the street wanted to change from a
two car to a three car garage, was there room to grant variances to all of those lots. Mr.
Parrish replied any other residents would also need to apply for a variance and it would
be up to the Commission to look at each request individually.
Commissioner Ricke expressed concern about setting precedence if a three car garage
was allowed.
Commissioner Ricke asked if a two deep garage would fit on this property. Mr. Parrish
replied this property could accommodate that type of a proposal.
Chair Sand asked if there were other homes in this neighborhood that had received
variances for three car garages. Mr. Parrish replied he did not have this information.
Commissioner Zimmerman stated he did not see this was a hardship.
Commissioner Lemberg asked if they would have access to the backyard if they needed
to get a vehicle in there. Mr. Parrish replied without the variance, they would have 17
feet.
Chair Sand asked if there were other homes on the north side of Colleen that had three
car garages. Mr. Fertig replied both of his neighbors had three car garages.
ARDEN HILLS PLANNING COMMISSION - JULY 17,2002
8
Commissioner Duchenes stated previously the Commission had agreed that if a home had .
a one-car garage, a two-car garage could be built because of a hardship, but a three- car
garage was not considered a hardship.
Chair Sand opened the public hearing at 9:27 p.m.
Mark Fertig, 1413 Colleen Avenue, stated the garage on his home was next to his
neighbor's garage and not next to his neighbor's home. He replied his property had a
drop-off in his backyard, which would limit their ability to add a doublc deep garage. He
stated they would not consider adding a double deep garage.
Alireza Foroozan, 1403 Colleen Avenue, stated he had a three car garage and there was
enough room to get his trailer in his back yard. He stated applicant would also have
enough room to get into their back yard. He stated Mr. Fertig's garage was really small
and he encouraged the Commission to grant this variance.
Chair Sand closed the public hearing at 9:33 p.m.
Commissioner Ricke requested further information whether the City had granted
variances on the north side of Colleen Avenue for three car garages.
Chair Sand recessed the meeting at 9:35 p.m. for Mr. Parrish to research Commissioner
Ricke's request.
Chair Sand reconvened the meeting at 9:44 p.m.
.
Mr. Parrish stated no variances had been granted for side or rear yard setbacks. He stated
the only variances on Colleen were for fences.
I. Commissioner Zimmerman moved, seconded by Commissioner Ricke, to
deny Planning Case 02-17, Setback Variance, Mack and Lisa Fertig, 1413
Colleen A venue, based on the fact that there was no hardship demonstrated.
The motion carried unanimously (6-1 Lemberg).
PLANNING CASE #02-04, CITY OF ARDEN HILLS, 1245 WEST HIGHWAY 96,
SUBDIVISION ORDINANCE MODIFICATIONS
Chair Sand opened the Public Hearing at 9:45 p.m.
Staff reviewed their report of July 8, 2002 and asked for comments from the
Commission.
Chair Sand closed the Public Hearing at 9:47 p.m.
Commissioner Zimmerman moved, seconded by Chair Sand to recommend for approval .
to City Council as submitted, Planning Case #02-04, City of Arden Hills, 1245 West
Highway 96, Subdivision Ordinance Modifications as presented.
The motion carried unanimously (7-0).
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EN HILLS
MEMORANDUM
DATE:
Agenda Item 7.E
July 22, 2002
TO:
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
Joe Lynch, City Administrator
FROM:
Aaron Parrish - Community Services Director
SUBJECT:
Planning Case #02-19, Emerald Office Park Concept Plan
Tranun Builders, County Road E2 and Cleveland Avenue
ENCLOSURES:
Location Map
Letter from Applicant
Plan Set Provided by Application
Planning Commission Meeting Minute Excerpt
Request
The applicant is requesting a Concept Planned Unit Development review. The applicant is
proposing an office building at the corner of County Road E2 and Cleveland Avenue.
Overview
Surrounding Area
Single Family Detached Residential
(Throngh Lots from New Brighton
. Sonth ' Neighborhood Neighborhood Business
Business
East Low Density Two
Residential Residemial
Single Family Detached Residential
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2
July 22, 2002
Planning Case #02-17
Site Data
Nci hborhood Business
Vacant
Neighborhood Business
1.25 acres
N/A
Significant change in grade slopin down from west to east
A concept plan review allows an applicant to solicit non-binding comments from the Planning
Commission and City Council prior to a full submission of materials. Ifthe applicant wishes to
proceed with the project it would be necessary to obtain Master and Final PUD approvals.
Tramm Builders is requesting a concept plan review to construct an office building at the comer
of County Road E2 and Cleveland Avenue. The proposal contemplates an office building with
an approximate footprint of 8400 square feet. Based on the front elevation, the building would
be one level at grade facing Cleveland. The units would be two level walkouts in the rear. The
building would be divided into six "condo" units that would be made available for sale. In
conjunction with the PUD, this would also require a platting action to establish the individual
units
While a comprehensive site plan evaluation has not been completed, staff would offer the
following comments:
1. Site Data: The following highlights site data for the concept plan:
Site Area
54,450
square feet
Bldl!:./Parkinl!: Area % of Site
Total Bldg Footprint.
Gross Floor Area
Total Parking Area:
Total Hardsurface:
Lot Covered By Stmcture:
Landscape Lot Area:
7392
14,784
17,066
24,458
13%
44%
square feet
square feet
square feet
square feet
(Max of 35% allowed)
(Min. of35% allowed)
Total Parking
Required Parking
43 cars
53 cars
3
July 22, 2002
Planning Case #02-17
.
2. Zoning: Office is a permitted use within the Neighborhood Business District. Generally,
the purpose of the Neighborhood Business District is the following:
a. To be located at the edge of residential neighborhoods.
b. To provide a limited range of over-the-counter, convenience, retail, and service
uses to accommodate the needs of the adjacent residents.
c. To place limitations on the type, size and intensity of uses within this district,
given its proximity to residential uses.
d. To place emphasis on convenience for pedestrian, bicycle, and public
transportation access to the use.
e, To accommodate, where possible, a public commons giving residents a place to
gather and interact with one another.
f. To ensure adequate buffering is provided on these sites for the adjacent residential
uses.
g.
To require, where applicable, compliance with the City's gateway requirements.
.
3. Parking:. The following highlights the parking as currently outlined:
er 250 s.f. of oss floor s ace
43 slalls
53 stalls
The parking deficiency would need to be further evaluated and addressed in conjunction
with any plans that proceed on the property,
4. Landscape Lot Area: The City's landscape lot area for the Neighborhood Business
Zoning District is 35%. At this time, the applicant is proposing to provide44% on site.
Overall landscaping would need to be detailed if final plans are brought forth.
5. Traffic and Access: The plan contemplates one access point onto Cleveland Avenue.
Staff would suggest that this access be placed as far south as possible.
6. Storm Water Management: The applicant is currently evaluating options for storm
water management on the site. This would require further evaluation by the City
Engineer since the Rice Creek Watershed District does not have requirements for sites
less than 2.5 acres.
7.
Building Elevations: The enclosed building elevations outline the building aesthetics. In
addition, the applicant has included pictures of a similar project in Shoreview. The
primary building materials in the front would be brick and another "natural" material per
.
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4
July 22,2002
Planning Case #02-17
the Neighborhood Business District requirements. The building materials on the side and
rear elevations would essentially be maintenance free siding. The Neighborhood
Business District indicates the following with regard to this issue:
Exterior Materials shall include only face brick, stone, glass, or natural wood
products. All walls shall be treated with the same exterior materials.
8. Other Neighborhood Business District Requirements: The Neighborhood Business
District also has several specific requirements. Other applicable provisions to consider if
a PUD is submitted include:
.
Landscaping for the site shall comply with Appendix A of the Zoning
Ordinance. In addition to Appendix A, landscaping shall be provided at
the rate of three caliper inches per 40 feet of public street frontage.
Lighting shall adhere to the requirements of Section 6, E, 3, of the Zoning
Ordinance. Lighting shall not be permitted to wash the building, except
for accent lighting to delineate the main entryway into the building.
Security and parking lot lighting shall be on pedestals not to exceed 14
feet in height.
Trash shall be fully screened in a masonry enclosure or shall be stored
within the principal structure.
Bicycle Racks shall be provided in an area that is convenient to the main
entryway into the building.
Sidewalks shall be provided adjacent to all public rights-of-way.
Gateways, where applicable, should be incorporated into the layout of the
site.
.
.
.
.
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9. Other Issues: As the Council may recall, the City currently has a lift station on the
property without the appropriate easement. It is hoped that this can be addressed if
master and [mal planned unit development applications are brought forth.
Requested Action
Provide comments relative to the applicant's Concept Planned Unit Development
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TRAMM BUILDERS & REALTORS, LLC
3585 Lexington Avenue North
Suite 173 Arden Plaza Business Center
Arden Hills, Minnesota 55126-8016
TEL: 651-636-5100
FAX: 651-636-5200
tbr.llc@mcleodusa.nct
July 1, 2002
Mr_ Aaron Parrish, City planner
city of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
HE: EMERALD OFFICE PARK OF ARDEN HILLS
Dear Mr. Parrish:
This application constitutes our request for a Concept Review of our proposed
planned Unit Development. The development will be a Town-Style office park
project known as EMERALD OFFICE PARK OF ARDEN HILLS. Each office unit could
be individually owned. In any event, the entire project will be subject to an
Owner's Association that will manage and implement the objectives of filed
documents known as The Declaration of Covenants and The Rules and Regulations_
The EMERALD OFFICE PARK OF ARDEN HILLS consists of SlX one-story office units
that will measure approximately 29 feet in width by 44 feet in depth. Each
unit will have its own front doorway to the exterior and will also be designed
to accommodate a "walkout" design to the rear. The front elevation of the
cluster of offices will be ascetically pleasing and comprised of rick and
other natural materials. The sides and rears of the units will be made of
high-quality, maint~ance-free siding. Parking has been planned as indicated
on the site plan.
Access to the property is proposed from Cleveland Avenue. The driveway could
be relocated farther south. Drainage and storm water management has been
planned to the south of the property in addition to the holding pond that is
planned immediately behind proposed building.
Thank you for your consideration. I am available for questions or comments;
please feel free to call me at 651-636-5100.
Sincerely yours,
R
Kim Tramm
.
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ARDEN HILLS PLANNING COMMISSION - JULY 17, 2002
10
5. Revocation ofthe existing Special Use Permit for the property prior to the issuance of
a building permit.
6. Compliance with applicable City Ordinances.
Commissioner Lemberg requested a friendly amendment that the City Engineer rechecks
the dimensions. Commissioners Zimmerman and Ricke accepted the friendly
amendment.
The motion carried unanimously (7-0).
PLANNING CASE #02-19 - TRAMM BUILDERS & REALTORS, LLC; 3585
LEXINGTON AVENUE NORTH, SUITE 173, CONCEPT PLAN REVIEW
Staff reviewed their report dated July 10, 2002 and asked for comments relative to the
applicant's Concept Planned Unit Development.
Commissioner Zimmerman asked the height of the proposed buildings. Kim Trannn,
Tramm Builders and Realtors, replied the buildings were one story. He stated he believed
they were less than 35 feet in height.
Commissioner Zimmerman asked if thcy had done any market analysis. Mr. Tramm
replied the market was very good for this type of a development. He stated this type of a
development was sclling very briskly.
Commissioner Zimmerman expressed concern about the parking stalls bcing 10 short. He
encouraged them to have adequate parking on-site. Mr. Tramm stated these would be low
intensity businesses that would not have a high traffic volume. He stated these would not
be retail style businesses.
Chair Sand asked if they had considered putting the building up front and the parking in
the back. Mr. Tramm replied they had looked at that option, but at this particular site, it
would be impossible to achieve the design concept they felt was marketable and popular
and still have the building up front. He indicated they were utilizing the natural grade of
the site for the design of the building. He stated the design of the building would change
considerably if they were to place the parking in the back.
Chair Sand indicated if this was true, he would be requesting a lot of additional
landscaping, berming, etc. to buffer the parking area.
Mr. Trannn stated what this plan offered was that this would be a low intensity
development and they would make sure it would look good. He stated if the development
looked good, it would enhance the value of the property. He stated thc property would be
aesthetically appealing.
Commissioner Zimmerman asked how many tenants they were proposing. Mr. Tramm
replied he was looking at six tenants.
Commissioner Zimmerman expressed concern about subleasing a part of the space. Mr.
Tramm replied he would need to put restrictions in his documents, which would either
YI"""""
ARDEN HILLS PLANNING COMMISSION - JULY 17,2002
II
allow or disallow subleasing of space. He stated his intent was that there would only be .
six tenants, not twelve tenants.
Commissioner Zimmerman stated each tenant would have 2800 square feet. Mr. Tranlill
replied that was correct, but they also had to consider the actual build able space.
Commissioner Duchenes asked if there would be any dental offices located there. Mr.
Tranlill replied that was not his intent. He stated he intended on having small businesses
that did not generate much traffic.
Commissioner Duchenes noted that they needed to also look at future tenants if the
buildings were sold.
Commissioner Zimmerman requested any proposed plans show accurate elevations and a
lot of detail. He stated it was very important that the renderings look good and the
proposed designs were very accurate.
Commissioner Bezdicek asked the price of the units. Mr. Tranlill replied this had not
been determined at this time. He estimated they might go for $250,000.00 to $300,000.00
for each unit, including the building and lot.
Chair Sand asked what his schedule was for coming back to the Commission. Mr. Tramm
replied they would be ready for the next meeting, after they met with Council for their .
comments.
Chair Sand requested Mr. Tramm's architect attend the Commission meeting when they
officially presented their proposal.
REPORTS
A. Planning Commissioners
Commissioner Zimmerman requested the Commission meetings be moved to 7:00 p.m.
Other Commissioners concurred.
Chair Sand and Commission Ricke stated they would not be present at the next
Commission meeting.
B. Staff
Mr. Parrish updated the Commission on the Guidant process.
C. Council Member
Council Member Aplikowski stated there was another TCAAP meeting next Thursday,
July 25, 2002 at 7:00 p.m. regarding transportation. e
Council Member Aplikowski updated the Commission on the recent Council decisions.
.
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~HILLS
MEMORANDUM
DATE:
July 24, 2002
Agenda Item 7F
TO:
Mayor and City Council
Joe Lynch, City Administrator
Aaron Parrish, Community Services Director (tf
FROM:
SUBJECT:
Subdivision Ordinance Modifications
Overview
Attached you will find proposed revisions to the City's Subdivision Regulations. Initially, the revisions
primarily focused on changing the subdivision regulations to make them consistent with the recently
adopted Pavement Management Program. In particular, there is an effort made to make the functional
street classification system consistent between the two. Overall, based on staff and Planning Commission
input, the following areas have been addressed:
I. Making the Ordinance consistent with the City's recently adopted Pavement Management Plan.
(Pages 11-5 to 11-8; 11-25 to 11-27; 11-34; 11-40)
2. Making street grade language more permissive per Planning Commission input (11-26)
3. Expanded safe intersection language (11-27)
4. Allowing for alleys (Page 11-27, 11-29 to 11-30)
5. Making the park dedication requirements consistent with Minnesota State Statutes. (Page 11-35)
6. Incorporating additional tree and lighting requirements. (Pages 11-41 to 11-42)
7. Redefining the variance criteria (Pages 11-44 to 11-45)
A few other minor grammatical and language clarificati?Il~hanges have been made as well. Language to
be removed is striekeR, while new language is ~i~~l:Ull)'!~q. The Planning Commission held a public
hearing on the proposed modifications at their July 17, 2002 meeting and did not receive any comments at
that time.
Planninl! Commission Recommendation
In Planning Case #02-04, the Planning Commission recommends approval of the ordinance as presented.
Requested Action
Consider introduction and first reading of Ordinance #33, an ordinance modifYing Chapter II of the City
Codc.
Attachments
1. Ordinance #340
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CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 340
AN ORDINANCE MODYFYING CHAPTER 11 OF THE CITY CODE: SUBDIVSION
REGULATIONS
Section 340.01. General
Snbd. 1. Chapter II of the Arden Hill City Code is herby amended to include the additions and
deletions as outlined in Exhibit A of this Ordinance.
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 August 2002.
ATTEST:
DENNIS PROBST, MAYOR
JOSEPH P. LYNCH, CITY ADMINISTRATOR
Ordinance #340
Page 1
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Exhibit A: Subdivision Rel!:nlations Modifications
Ordinance #340
Page 2
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City of Arden Hills
Chapter 11 Snhdivisions
Chapter 11 Subdivisions
Section 1100 - General Provisions
1100.01 Pnrpose and Interpretation. Each new snhdivision becomes a permanent unit in the
basic physical structure ofthe fnture community, a unit to which the future community will of
necessity be forced to adhere. Piecemeal planning of such subdivisions without correlation to
the City plan, will bring a disastrous disconnected patchwork of plats and poor circulation of
traffic. in order that new subdivisions will contribute toward an attractive, orderly, stable and
wholesome community environment, adequate mnnicipal services and safe streets, all
subdivisions platted within the incorporated limits of the City following the adoption ofthis
code, shall in all respects, fully comply with the regulations set forth in this chapter. In their
interpretation and application, the provisions of this chapter shall be the minimum
requirements adopted for the protection of the public health, safety and general welfare.
State law reference - Snbdivision regulations, M.S.A. ~ 462.358
1100.02 Scope.
Subd. 1. Except in the case of a resubdivision, this chapter shall not apply to any lot or
lots forming a part of subdivision plats recorded in the office of the register of deeds or
registrar oftitles prior to March 27,1967, nor is it intended by this chapter to impair or
interfere with existing provisions of other laws or provisions of this code except those
11 - 1
Pnblic Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
specifically repealed by, or in conflict with, this chapter, or with private restrictions
placed upon property by deed, covenant or other private agreement, or with restrictive
covenauts running with the land to which the City is a party; provided however, that
such private restrictions or restrictive covenants may impose stricter reqnirements than
established by this chapter, but may not decrease the requirements imposed in this
section.
Snbd. 2. In any case where the division of a parcel ofland into two (2) or more lots or
parcels for the purpose of transfer of ownership or building development does not come
within the definition of subdivision as defined by this chapter, a description of such
land division shall be filed with the city administrator who shall submit copies of such
division ofland to the city engineer and the Planning Commission. No building permit
for such lots or parcels shall be issued until the description has been filed with the City.
1100.03 Building Permit. No building permit shall be issued for the construction of any
building, structure or improvement on any land required to be subdivided by this chapter
until all requirements ofthis chapter have been fully complied with.
1100.04 Definitions. For the purpose of this chapter, the following terms, phrases, words and
their derivations shall have the meaning given in this section.
11- 2
Public Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
Subd. 1 Butt Lot. The words "Butt Lot" shall mean a lot at the end of a block and
located between two (2) corner lots.
Subd. 2 City Plan. The words "City Plan" shall mean a comprehensive plan adopted
by the City Council indicating the general locations recommended for the various
functional classes of public works, places and structures, and for the general physical
development of the City, and inclndes any unit or part of the plan separately adopted
and any amendment to such plan or parts thereof.
Subd.3 Final Plat. The words "Final Plat" shall mean the final map, drawing or chart
on which the subdivider's plan of snbdivision is presented to the City Council for
approval and which, if approved, will be submitted to the connty register of deeds or
registrar of titles.
Subd.4 Lot. The word "Lot" shall mean a parcel of land in a subdivision, or plat of
land, distinguished from other parcels by description as on a subdivision or
record-of-survey map or by metes and bounds, for the purpose of sale or lease or
separate nse thereof.
Snbd. 5 Easement. The word "Easement" shall mean a right granted by an owner of
land for the specific use of the land by the public generally, or to a person or persons.
11 - 3
Pnblic Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
Subd. 6 Minimum Subdivision Design Standards. The words "Minimum Subdivision
Design Standards" shall mean the guides, principles and specifications for the
preparation of subdivision plans indicating, among other things, the minimum and
maximum dimensions of the varions elements set forth in the preliminary plan.
Subd. 7 Owner. The word "Owner" shall mean any individual, firm, association,
syndicate, copartnership, corporation, trust or any other legal entity having snfficient
proprietary interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this chapter.
Subd. 8 Pedestrian Way. The words "Pedestrian Way" shall mean a way, public or
private, running across or located within a block for use by pedestrian traffic, whether
designated as a "Pedestrian Way," crosswalk or however otherwise designated.
Subd. 9 Planning Commission. The words "Planning Commission" shall mean the
person or persons designated by the City Council to advise it on planning matters.
Subd. 10 Preliminary Plan. The words "Preliminary Plan" shall mean the preliminary
map, drawing or chart indicating the proposed layout of the snbdivision to be
submitted to the City Council for its consideration.
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Subd. 11 Protective Covenants. The words "Protective Covenants" shall mean
contracts entered into between private parties and constitnte a restriction on the, nse of
all private property within a snbdivision for the benefit of the property owners, and to
provide mutual protection against nndesirable aspects of development which would
tend to impair stability of values.
Subd. 12 Setback Line, Bnilding. The words "Setback Line, Building" shall mean a
required open space on a lot, which space is unoccupied and unobstrncted by a
structure from its lowest ground level to the sky, except as expressly permitted in this
chapter and other City ordinances.
Subd. 13 Streets. The word "Streets" shall mean a public way for the conveyance of
vehicular and pedestrian traffic, whether designated as a street, highway,
thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise
designated.
f.. The words "Collector Street" shall mean a street which carries traffie
from local streets to strect5 and high'.'l'B-Ys of higher classifications. It
provides fer both laRd access seryiee and local traffic movements within
residential neighborhoods, commercial areas and industrial areas.
B.
The word "Cui de sae" shall mean a street with only ORe outlet.
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The words "Loeal Street" skall meaD a street oflimited eODtiDuity used
primarily f.er aeeess to the abutting properties aDd the loeal needs of a
neighborhood.
D. The words "Major }.l.rterial" shall mean a divided highway witk four or
more laDes aDd serns the major eeDters of aetivity of a metropolitaD
area, the highest traffie volume eorridors, aDd the 10Dgest trip desires.
The "Major Arterial" earries a high proportioD of the total urbaD area
tra'iel on a miDimum mileage. Almost all fully aDd partially eODtrolled
aeeess faeilities are a part, oUhis elass.
E. The words "MiDor Arterial" shall meaD a street system whieh
iDtereonneets with aDd augments the urban major arterial system aDd
pro'iides serviee to trips of moderate leDgth at somewhat lower leyel of
tm'iel mobility thaD major arterials. This system distributes travel to
geographieal areas smaller thaD those ideDtified with the higher system.
F. The words "Street Width" shall mean the shortest dbtanee between the
lines delineating the right of way of a street.
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c.
The wonl "Thoroughfare" shall mean the fast or heavy traffie street of
eonsiderable eontinuity and Hsed primarily as a traffie artery for
intereommunieation among large areas.
"';~j~'lIi~>'the' i' ',,'!!lf~lIl1m~W!~r:Ii~lIi!l[lia'."jj~'sinesses. ODI\ tlla;<fW~;WID!
ll:~.. . . t~..ll"!lf ~. "'. ...., d,....liil,~~ .!ill
.:tt'iiII~!'Y'Wi;r a rOll teltJllI!JI';UUfl!J<JI~~tflll.l!IRlI~il>il'6thood or buSllitlr~lm~'m'~~~j"dr
....,..,!Iw. g . ....,M!ir!lr\lgJ,\.. M~JJ~.. . ... . .~fll.w..... ... ...
t~~iij~it t of oth~~:ffim2H' '1;" '~' .
, .' .,.. ,.' . ~ ..... gJI !tJ!l!4s
'\,Tl31 11IW'~i!:~;;:'::::'<")":, ""';':>',:]11' ''iliWfJWi]F''''ij:n: "';::,;,;:,""<:"'.l', <:;;::::',', ,", '.. ' " :'>;<>):;/;~/;T<;;;('1ie:;ii:iii::<ii:'>i8:;::
B.. A::::!L~:WOf(J. '~~!I;l~411"~ac" shall Illean a,str~~~.w\yltlJ:;)}nly one outJl1t.
C. 'J:f:~~ wo.rds"MJJ~'Arterial" shall meaD:~lltl~~~4!highway with'~R~t:
llirur'" " "~I '. ,',0' '.' ,0,,', '." "i:illli!illtI"'~""Yi.'i2,'i;..,:.:;.,:..j :i.",' i.i. ..:""" ::.:.,,'>f""!;J':''''''l'':''''''''I'i''fli.,.cI<''''''';' "", "::": '",,' .,- .,... .." -,,, ,., '::", ::HitWr.J] li"'\1Y'((Jf(M . .
MtOre hlne$!:.rnit~~rvestH~ lnaJoFfel!i1t~~;!lfactivjty of a ~(f~Dl1man
i~'tr . .the hi'l:Ifs'iilill"affic volume ~ofilia()rs;l!ll1U11l the Ion est t~i~rd:biI~es.
. ","l!. g . "...rr. . ,.. ". ..... .".". g ..~.Iu~rr~f
1iii~ "Ma'o~i;::lii~ijffal" carries ahih1!lJIDlIJ!llilIiIi'lrfton ofthe tolliili,m"'fJiin are
," J,..,,~/i;\ .", d, g..".Mt~1l . ,",,,.~,Ir.lJi" , ."l!
tt~t~~~li.ila mii!j~~I;mueage. Almo~ti~]~1~lt~mal1d partialf~~fiirolled
\iieess facil1,!!r""rl~te a aHj:!lorthig!~i1t~~:
.,..... .."!~ P '"'' ...........~.
int~tl~~!l.,ects JitDiil~tiiugments thetitijl't~;Illajor arterial {~'tem and
pt~aes servi~~ltaiitrips of moder~la:l~hgih at so.mewl1al'lower I~y~jfmot
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f ~:~ei mob' i;:';~~F"ma; 0 arterials.., !lists .~i~~1trll~~W~f~~:ttlrv~rt()
,Ji1 ," ",,~:ilU.lll,,\WlUt . LL , N,," ",," leT,,,,,, . rit ",I.W. "'. ," "t"
v'eo li'lU~'l'j'a~eas' ~:l1r~!UfI\,'ft'W~ll!1;iii:~'Dtitied . i'" thJ ',hi"'~lFJ~IW~'f~'li~
g gr,J2" , ,.,.,,,,,,~!,Ill!II,\i.!l,.~, , "''\!!''''W<hJL,,~!l :r, ",
nerIi.Jl''lFthilo<f;()nlllr~idences on othe;~t~~~is~''1riar ,'; ~~';;ftri n
.IL,Il:t:i ,JI~ , , ""'''2"ilL.,. '. ,,~l!~P"'ucu "",sRI!
fi~Ye i; ,; mf~T an ;'~';;Il 'DOl' destina"~4fjlft!l:it S eeV)
"lle~ "leI! gJ ,,' "., m,~\I~, jl'J"",
I1TJ;\D~.', Th~;"J!riIs "R'IJt<J.enti~f;s~~t~f1thlIl mea'ii;a{s;~eet that~rJl~itil)isenl~~
ad ""~'''in "resr"'nees L""{tfillJiti" 4'b no thron1!:j), traffic.;{Iffilist all ffu~t
J!1~ll "g ""Jll.I.. W,lJ~,(f . . I~ ',,, ". 'lL
J{~ve;e'tiret an~;ibll,lhiDor adestlli"fillb" on tha"~'eh.
. "l"" iiMPg ,'", "",3 . " , ,~;f'!
Iwitl:~it:
TH~lflyorifs '.r"'f..eet Wil:iii>1' siJaIl meadl'!:"" ;shortest lijt:tanee be\'ii!!&eeb the
_.-, ;"'/0 _"h, ',.'.__.'.:' ',.<. :_-Jlh~f"'t~:."._._,., _ _,jgt,,<.oo,;,!11!: _. ," ,",' -",..', _ . -,' _ ... ........,,",........,,!!~L.................. ,.... ,.......... .......,...."..< ""'~,..,.._,,,.. ',..,....' '.. ,.. ,..:' ..', :,-"Y~Lh,"""', '.. ," "",_"
''''IV'' v, '." , "1"" '~;' 'II'~'"
11lIe~; "eUDellli"",,, .thtJ t';;rlt~of.wa of'a ~'eet.
"",,,v,," ,!l~g :Jf, g,."" , r 'D, ,;' ,
Subd. 14 Subdivider. The word "Subdivider" shall mean any person commencing
proceedings to effect a subdivision ofland hereunder for himself or herself or another.
Subd.15 Subdivision. The word "Subdivision" shall mean the division of a parcel of
land into two (2) or more lots or parcels, any of which resultant parcels is less than five
(5) acres in area or is less than three hundred (300) feet in width. ID addition,
"SulldivisioD" shall iDdude the di';isioD of a parcel of land in such maDDer that aDY of
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the resultant parcels have less more than twenty (20) feet thereof abutting on a pub lie
right of "Nay. The term "Subdivision" inclndes resnbdivision and, when appropriate to
the context, shall apply to the process of subdividing or to the land subdivided. The
acquisition of land by any means for pnrposes of erecting or installing utility lines,
including underground gas lines, overhead power lines, transmitting towers, or similar
utility sites, or easements shall be considered a snbdivision when such utilities are
designed to serve more than one lot.
1100.05 Zoning. The separate document known as the City of Arden Hills Zoning Ordinance,
as adopted and from time to time amended by the City Council, as incorporated as Appendix
B.
1100.06 Copies of Plats. Copies of all of such plats of subdivisions, after the same have been
submitted and approved as provided in this chapter, shall be filed and kept by the city
administrator among the records of the City.
Section 1110 - Preliminary Plat
1110.01 Filings. Before platting or dividing a tract ofland into two (2) or more lots or parcels,
an owner or subdivider shall, unless a variance is authorized, file with the city administrator:
Snbd. 1. Copies of the preliminary plan as reqnired by the City snbmittal process.
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Subd. 2. The lump sum fee in cash for the entire snbdivision, plus a cash fee for each
lot in the subdivision. Fees shall be as established in a resolution adopted by the
Council. Fees shall be used for expenses of the City in connection with approval or
disapproval of the plan and any final plat which may thereafter be submitted.
Subd. 3. If the subdivider requests that any existing special assessments which have
been levied against the premises described in the subdivision be divided and allocated
to the respective lots in the subdivision plat, the city administrator shall estimate the
clerical cost of preparing the revised assessment roll, filing the same with the county
auditor, and making such division and allocation, and upon approval by the Conncil of
an estimated cost, the cost shall be paid to the city treasurer in addition to the fees
required Snbd. 2 above, to cover the cost of preparing and filing the revised assessment.
1110.02 Necessary Data.
Subd. 1. The preliminary plan shall be clearly and legibly drawn. The size ofthe map
shall not be less than twenty-two (22) inches by thirty-four (34) inches. All subdivision
maps shall be drawn at a scale of one inch eqnals fifty (SO) feet, unless otherwise
required by the City Council.
Subd.2. The preliminary plan shall contain the following information:
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A. Identification and description:
1. Proposed name of subdivision, which name shall not dnplicate or
be alike in pronunciation or deceptively similar to the name of
any plat theretofore recorded in the county;
2.
Location by section, town, range or by other legal description;
3.
Names and addresses of the owner, subdivider, surveyor and
.
designer ofthe plan;
4.
Graphic scale;
5.
North-point;
6.
Date of preparations;
7.
Letter detailing conformance or differences from all existing
zoning and code requirements; and
.
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8.
Phasing, if any, with a schedule of anticipated startiug and
completiou dates for each phase.
B. Existiug conditions:
1. Bouudary line of proposed subdivision, clearly indicated;
2. Existing zouiug classifications;
3. Total approximate acreage;
4.
Location, widths and uames, of all existing or previously platted
streets or other pnblic ways, showiug type, width and condition of
improvements, if any, railroad and utility right-of-way, parks
and other public open spaces, permanent buildings and
structures, easements, aud section and corporate lines within the
tract aud to a distance of one hundred (100) feet beyond the tract;
5. Location and size of existing sewers, water mains, private
utilities, culverts or other underground facilities within the tract
and to a distance of one hundred (100) feet beyond the tract; data
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of grades of streets, invert elevations and locations of catch basins
and manholes shall also be shown;
6. Boundary lines of adjoining unsnbdivided or subdivided land
within one hundred (100) feet, identifying by name and
ownership;
7. Topographic data, including contonrs at vertical intervals of not
more than two (2) feet, except that contonr lines shall be no more
than one hundred (100) feet apart; watercourses, marshes,
wooded areas rock ontcrops, power transmission poles and lines,
cnrrent vegetation cover, vegetation to be removed, existing trees,
existing drainage ways and other significant features shall also be
shown;
8. One-hundred year flood plan study, including flood fringes and
floodways; and
9. Wetland delineation conducted by a reputable and qualified
individnal or company, including description and map.
C.
Subdivision design features:
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1. Layout of proposed streets, showing right-of-way widths and
proposed names of streets; the name of any street already in use
in this connty shall not be used, unless the proposed street is an
extension of an already-named street, in which event the name
shall be nsed;
2. Location and widths of proposed alleys, pedestrian ways, trails,
drainage ways and ntility easements;
3.
Typical cross-sections of proposed improvements npon streets
and alleys, together with an indication of the proposed storm
water runoff;
4. Approximate center line gradients of proposed streets and alleys,
if any;
5. Location, size and approximate gradient of proposed sewer lines
and water mains if any;
6.
Layont identification numbers and typical dimensions of blocks
and lots;
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7. Minimnm front and side-street building setback lines, indicating
dimensions; and
8. Areas, other than streets, alleys, pedestrian ways and utility
easements, intended to be dedicated or reserved for pnblic nse,
including the size of such area or areas in acres.
D. Other Information:
1.
Statement of the proposed use of lots stating type of residential
buildings with number of proposed dwelling units; type of
bnsiness or industry so as to reveal the effect ofthe development
on traffic, fire hazards or congestion of population;
2.
Proposed protective covenants, if any;
3.
Source of water snpply;
4.
Provisions for sewage disposal, drainage and flood control;
5.
If any zoning changes are contemplated, the proposed zoning
plan for the areas, including dimensions; and
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6. In the event lots in the proposed plat are snbstantially in excess of
the minimum size reqnired by zoning regnlations, a preliminary
resubdivision plan shall be snbmitted showing a potential and
feasible way in which the excess size lot or lots may be
resubdivided in future years to permit more intensive use ofthe
land.
1110.03 Council Actions.
Subd. 1 Initial Response. At its next regular meeting following the filing of the
preliminary plan, the City Council shall:
A. Set a public hearing on the preliminary plan, which hearing date shall be
not more than forty-five (45) days after the date of such setting. The
City Council may authorize the planning commission to conduct the
hearing. The Council shall cause notice of the hearing, to be published
in the official City newspaper at least ten (10) days prior to the hearing.
B. Refer two (2) copies ofthe preliminary plan to the planning commission
for its examination and report and one copy to the city engineer for his
or her examination and report. Copies of the report of the city engineer
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shall be given to the City Council and planning commission at least ten
(10) days prior to the date of public hearing.
Subd. 2 Pnblic Hearings.
A. In the event the Council has provided that the public hearing shall be
conducted by the planning commission, the planning commission shall
make its report to the City Council at the first regular meeting of the
Council following the hearing.
B.
In the event the Council does not refer the pnblic bearing to the planning
commission, the report of the planning commission shall be given to the
Council before the time set for the public hearing.
Subd. 3 Time Line.
A. The City Council shall act on the preliminary plan by resolution
approving or adopting it within thirty (30) days after receipt of the
report of the planning commission, if the planning commission is
designated to conduct the public hearing. If the planning commission
does not conduct the public hearing, then the Council shall take action
by resolution within thirty (30) days after the pnblic hearing.
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B. If the report of the planning commission has not been received within
seventy-five (75) days, after referral of the matter to the planning
commission, the Council may act on the preliminary plan without the
report.
Subd. 4 Approval and Denial. If the preliminary plan is not approved by the City
Council, the reasons for such action shall be recorded in the proceedings of the Conncil
and transmitted to the applicant. If the preliminary plan is approved, approval shall
not constitute final acceptance of the subdivision.
1110.04 Qualifications Governing Approval.
Subd. 1 Revision. The City Council may require snch changes or revisions as it deems
necessary for the health, safety, general welfare and convenience ofthe City.
Subd. 2 Scope. The approval of a preliminary plan by the Council is tentative only,
involving merely the general acceptability of the layout as submitted.
Snbd.3 Additional Approval Required. Subsequent approval will be required of the
engineering proposals pertaining to water supply, storm drainage, sewerage and
sewage disposal, gas and electric service, grading, gradients and roadway widths and
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the snrfacing of streets by the city engineer, and other public officials having
jurisdiction, prior to the approval ofthe final plat by the City.
Subd. 4 Flooding. No plan will be approved for a snbdivision which covers an area
snbject to periodic flooding or which contains extremely poor drainage facilities which
would make adequate drainage ofthe streets and lots impossible, nnless the subdivider
agrees to make improvements which will, in the opinion ofthe city engineer, make the
area completely safe for occupancy, and provide adeqnate street and lot drainage.
Section 1120 - Final Plat
1120.01 Filing and Incorporation.
Subd. 1 Filing. The owner or subdivider shall file with the city administrator seven (7)
copies of the final plat not later than three (3) months after the date of approval ofthe
preliminary plan; otherwise, the preliminary plan and final plat shall be considered
void unless an extension is requested in writing by the subdivider and for good cause
granted by the City Council. The owner or subdivider shall also submit at this time an
up-to-date certified abstract of title or registered property report and such other
evidence as the city attorney may require showing title or control in the applicant.
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Subd. 2 Incorporation of Changes. The final plat shall have incorporated in it all
changes or modifications reqnired by the City Conncil; in all other respects it shall
conform to the preliminary plan. It may constitute only that portion ofthe approved
preliminary plan which the subdivider proposes to record and develop at the time,
provided that such portion conforms with all the requirements ofthis chapter.
Snbd.3 Verification of Form. The City Council shall consider the final plat officially
filed after the planning commission, the city engineer and the city attorney have
examined it and advised the Council that it is in proper form.
Subd. 4 Referrals and Decisions. Within five (5) days after the final plat is filed, the
city administrator shall refer two (2) copies of the final plat to the planning
commission, one copy to the city engineer and one copy to the city attorney and a copy
each to the telephone and power and other utility companies. The abstract of title or
registered property report shall be referred to the city attorney for his or her
examination and report. The attorney's report shall be given to the City Council within
fifteen (15) days. The reports of the planning commission and engineer shall also be
given to the Council within fifteen (15) days. The Council shall either approve or
disapprove the final plat at its next regular meeting following receipt of the reports.
Subd. 5 Reporting and Recording.
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A.
If the final plat is approved by the City Council, the subdivider shall
record it with the county recorder or registrar oftitles within sixty (60)
days after the date of approval; otherwise, the approval of the final plat
shall be considered void. In the event that the plat is disapproved, the
gronnds for such disapproval must be reported in proceedings of the
Council and be duly transmitted to the applicant.
B. The subdivider shall, immediately upon recording, furnish the city
administrator with a tracing and three (3) prints of the final plat
showing evidence ofthe recording.
1120.02 Necessary Data.
Subd. 1 General. The final plat shall be prepared by a registered surveyor and shall
conform to all state and county requirements and the requirements ofthis section. All
information reqnired on the preliminary plan, except that contained in Subsection
1110.02 D, and topographic data and zoning information, shall be accurately shown.
Subd. 2 Additional Delineation.
A.
The final plats shall include accurate angular and lineal dimensions for
all lines, angles and curvatures used to describe boundaries, streets,
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alleys, easements, areas to be reserved for public use and other
important features; dimensions of lot lines shall be shown in feet and
hundredths;
B. When lots are located on a curve or when side lot lines are at angles
other than ninety (90) degrees, the width at the building setback line
shall be shown;
C. All blocks shall be identified by consecutive numbers; lots within each
block shall bear consecntive numbers;
D. The final plat shall include true angles and distances to the nearest
established street lines or official monuments (not less than three (3))
which shall be accurately described in the plat;
E. Municipal, township, county or section lines accurately tied to the lines
of the subdivision by distances and angles;
F. Radii, internal angles, points and curvatures, tangent bearings and
lengths of all arcs;
G.
Accurate location of all monuments;
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H.
Accurate outlines aud legal description of any areas to be dedicated or
reserved for pnblic use;
I. Certification by a registered surveyor in the form reqnired by M.S.
~ 505.03, as amended from time to time;
J. Execution by all owners of any interest in the land and any holders of a
mortgage thereon of the certificate required by M.S. ~ 505.03, as
amended from time to time, which certificate shall include a dedication
of the utility easements and any other public areas in such form as shall
be approved by the city attorney;
K.
Certifications showing that all taxes and special assessments currently
due on the property to be subdivided have been paid in full;
L. Form of approval of City Conncil as follows:
Approved by the City Conncil of the City of Arden Hills, Minnesota, this
day of
City Clerk
M.
Form for approval by county authorities as required.
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Section 1130 - Minimum Subdivision Design Standards
1130.01 Conformity with City Plan. The proposed subdivision shall conform to the City plan.
1130.02 Street Plan.
Subd. 1. The arrangement, character, extent, width, grade and location of all streets
shall conform to the City plan and shall be considered in their relation to existing and
planned streets, to reasonable circulation of traffic, to topographical conditions, to
runoff of storm water, to public convenience and safety, and in their appropriate
relation to the proposed uses ofthe land to be served by the streets.
Subd. 2. The arrangement of streets in new snbdivisions shall make provision for the
appropriate continnation of the existing streets in adjoining areas. Where adjoining
areas are not subdivided, the arrangement of streets in new subdivisions shall make
provision for the proper projection of the streets.
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1130.03 Streets.
Subd. 1 \Yidths. 1'.11 street widths shall eonform to the following minimum dimensions:
1'.. Major arterial, 100 feet;
R. Minor arterial, gO feet;
C. Colleetor, 70 feet;
D.
I"oeal, ell feet; and
E. Cui de sae, ell feet.
Sbdl) '''~"''d''ffi~1 i!l;il'I' "'t"" "t 'dthhllti'" 't"'-!'t' 'h" ';'jJ;;'j" " . ' ' .':c?:Mflltl:D!;ili:dJ .."f~lL.aim!;~
n . '\~~!l~~~f.li' is' ree ,WI S S a con orm" . e J"',o'l'i:ln~}lI", ~\!~\\Ih~}",.~I!,~~lvI"~:'
100 Feet
80 :Fe~t
70:F~~t
70 Feet
60 Feet
60 Feet
6,;Eliet
Subd.2 Street Deflections. When connecting s,treet lines deflect from each other at any
one point by more than ten (10) degrees, they shall be connected by a curve with a
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radius adequate to insure a sight distance of not less than three hnndred (300) feet for
local and collector '1P~lPilfe~~im~~*<<8lrlt' odaii(fll:'liGiElPhIUl~i1J1 streets and of such
r ~"" ,.,,1}, g .' ,l,J), , . ..n!,Jt,~,; ,
greater radii as the City Council shall determine for special cases.
Subd. 3 Reverse Curves. Tangents of at least fifty (50) feet in length shall be
introduced between reverse curves on collector~~ml'q111 streets.
Subd.4 Street Grades. All center line gradients shall he at least 0.5 perecnt, Itnd shall
not exeeed the following:
..
.......
Mltjor arterial, as agreed upon with the city engineer;
B. Minor arterial, 1~<'; and
C. Collector Community, 1~{'; Itnd
D. Locltl Neighborhood Itnd Residentiltl, 6~{'.
All centef:~1M~:' t:ltli~iits: shall be :i,'l\'~f(l,~UlPtlftf'lL'!"t1I~I!:~iW!iUIIB"IIlIIE'itieWE~lk'"'W~0jj~'an
" ,g",,,, " IlP", ,il,,,,:'l~,,,,.~",,,,,~.rlt,,','lg,,. ",,,,,~,. "d.
evaitiatiOriOf1;t~ralt sa' d::h latet.i:glPl!'(j~~hl/j'~a~~ljffllii''M!fiid~
p g P Y",J!-Ms.,llILre ':'I. ,J,I'!'1 ,,0,
Subd. 5 Vertical Curves. Different connecting street gradients shall be connected with
vertical parabolic curves. Minimum length, in feet, ofthese curves shall be fifteen (15)
times the arithmetical difference in the percent of grade ofthe two (2) adjacent slopes.
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City of Arden Hills
Chapter 11 Subdivisions
Subd.6 b6eal Residlm:tial and Neighborho~a Streets. Local streets shall be so aligned
that their use by through traffic will be disconraged.
Subd. 7 Street Jogs. Street jogs with centerline offsets of less than one hundred
twenty-five (125) feet shall be avoided.
Subd.8 Safe Intersections. It shall be evidenced that all street intersections encourage
safe and efficient traffic flow. The angle formed by the intersecting of streets shall not
be less than sixty (60) degrees with ninety (90) degrees preferred and intersections with
more than four corners shall be prohibited.
su'lln be cii.f~trti~i~d ~nd' ;;:"'-' ta. d 0 that h Ie shait1,l '0" tmcti~"nr,; "" i e t
.,' '" m~~n me s ..t Il!L ,,', ,,~Il1JlO ,lll~.,r."., lID~,.,e!l!i"~n[''''
fm@hectionsll~~iltfir'~I?~3~;tee in hei ht abo}'lstl-eelt 1 \lli'ii ~IPFrlre'" T\' 11m MI("i~i\ili is'
I l.Id, t g , C,';'O'd",1J!; plil..,~iibuJ!im1,j )
feehl1lbilillisec1'lh street ri ht~iifJ\Wii'JIi'l"l'i
. ,1.,. g, , ,.g."",l\', ~w. Y., q,,~,
Subd. 9 Alleys. f.lIeys shall not be permitted in residential areas unless there is no
other reasonable solution for aecess.
I>
Subd. .w Q Cul-de-sac. Maximnm length for cnl-de-sac streets shall be five hundred
(500) feet measured along the center line from the intersection of origin to end of
right-of-way, unless there are eighteen (18) or less lots abutting the cul-de-sac. Each
cul-de-sac shall be provided at the closed end with a turnaround having an outside
11 - 27
Public Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
roadway diameter of at least one hundred (100) feet, and a street property line
diameter of at least one hundred twenty (120) feet.
Subd. y'It) Streets Abutting Arterial Streets. Where a subdivision abnts or contains
an existing or planned arterial street, the City Council may require a kleaI residential
or neighborhood street parallel and adjacent to the arterial street or other such
treatment as may be necessary for adequate protection of residential properties and to
afford separation ofthrough and local traffic.
Subd. n Half Streets. Half streets shall be prohibited, except where essential to the
reasonable development of the subdivision in conformity with the other requirements
of these regulations and then only when the City Council finds it will be practicable to
require the dedication of the other half when the adjoining property is snbdivided.
Wherever there is an existing half street adjacent to a tract which is to be snbdivided,
the other half of the street shall be platted within the proposed tract. Half streets
providing access to a lot shall not receive a building permit nntil the other half ofthe
street has been platted.
Snbd. l.! 12 Reserve Strips. Reserve strips controlling access to streets shall be
prohibited except under conditions approved by the City Council.
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City of Arden Hills
Chapter 11 Subdivisions
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Subd. 14 ,~~, Railroad or Limited Access Highways Abutting Subdivision. Where a
subdivision borders on or contains a railroad right-of-way or limited access highway
right-of-way, the City Council may require a street approximately parallel to and on
each side of the right-of-way at a distance snitable for the appropriate use of the
intervening land, as for park purposes in residential districts, or for commercial or
industrial purposes in appropriate districts. The distances shall also be determined
with due regard for the requirements of approach grades and future grade separations.
Subd. 1-5 t4 Private Streets. Private streets shall not be approved nor shall public
improvements be approved for any private street. Private streets may be permitted in
.
planned unit developments.
Subd. M Hardship to Owners of Adjoining Property. The street arrangements shall
not be such as to cause hardship to owners of adjoining property in platting their own
land and providing convenient access to it.
1130.04 Alleys and Pedestrian Ways.
Subd. 1 Commercial and Industrial. Alleys shall be at least tv.'eBty (20) feet wide iB
commercial and industrial areas. The City Council may require alle)'s in
nonresidential areas where adequate off street loading space is Bot ayailable.
.
11 - 29
Public Hearing Draft
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City of Arden Hills
Chapter 11 Suhdivisions
'U''''' . If I'''' li~lfdfatfd""it'IiYN'P~l!"'r,..f'!l1' a and 'avemerit'wi(jllr~~d .' ;. .~ ""t~
~ YSl1l/.a~,~;lltt. .." .l!n allyngtl.nQJs!iyp .. w1i~~;~IlR Il,W~
thlliiflHlowin 'ltIinlmft~li'!ti!!f't'a-""\ I
"",,,..,,,,,,,,,J,,,.....,, ....... ...-......g"........,.,.......L...."...",,,,,~M,~~,,,,"',~.~lm'
Ela~sifi a~li'll!'lJ
>_'" ..... ..- '. .,', ;_;'''%,~_'''I;~'L~
jj;!(tfi!itna aJ
Reside
Resi
Righi:o!-Way Wi~~~
1'll.Y.ll,mell.t:WJl,it!!
t'iie City"'G!b\Q;v!l!ilil!!lJ]ug,JI[j"'M~rf~e alle s in nonresia~\+t~!iiaf0 's;' 'liell:adeh'ilil~2I1iri6s'l'!~Jjft
. . . . . N.. ..~!"'JI\f\1qn .. Y .. . Jl J. . ea .. ~ . r:. . .~ .q; ..~m,:.J..~' ~Ii....
tAa:din 'i~~;.dJfei''''~;l\or~vailable.
.1( g ..Il!;i.....!~""... .
Subd.2 Pedestrian. Pedestrian ways shall be at least ten (10) feet wide.
. 1130.05 Easements.
.
Subd. 1 Provided for Utilities. Easements at least twelve feet, centered on rear and
other lot lines, shall be provided for ntilities and drainage easements. Easements at
least twelve (12) feet wide; contignous to all planned boundary lines, street right-of-way
lines and centered on rear and other lot lines, shall be provided for utility and drainage
pnrposes and shall be dedicated to the public on the plat. They shall have continuity of
alignment from block to block, and at deflection points easements for pole-line anchors
shall be provided where necessary. All ntility lines for telephone and electrical service
shall be placed in rear lot line easements when carried on overhead poles.
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City of Arden Hills
Chapter 11 Subdivisions
Subd. 2 Provided for Drainage. Where a subdivision is traversed by a watercourse,
drainage way, channel or stream, there shall be provided a storm water easement or
drainage right-of-way conforming snbstantially with the lines of the watercourse,
together with any fnrther width or construction or both, as shall be adequate for storm
water run off.
Subd.3 Pouding. Ponding easements shall be required for storm water ponding areas
and shall be taken to two (2) feet above the emergency overflow elevation or 100-year
flood elevation if no emergency overflow elevation is provided. In addition, if the
easement is not adjacent to a public right-of-way, adequate public access to the
easement for maintenance purposes is required.
Subd.4 Utility Easements. Easements for storm sewer, sanitary sewer or water mains
shall be a minimum of twenty (20) feet in width. Additional width shall be provided
when more than one utility is in the same easement, or because of the unusual depth of
ntilities.
Subd. 5 Pedestrian Walkway Easements. Pedestrian walkway easements shall be
provided when deemed esseutial to provide circulation or access to parks, schools,
playgrounds, shopping areas, transportation or other community facilities. Such
easements shall be a minimum often (10) feet in width. In blocks over five hundred
11 - 31
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City of Arden Hills
Chapter 11 Subdivisions
(500) feet long, pedestrian crosswalks may be required by the City Council in locations
deemed necessary to pnblic health, convenience and necessity.
1130.06 Blocks.
Subd. 1 Factors Governing Dimensions. Block lengths and width or acreage within
bounding roads shall be such as to accommodate the size ofresidentiallots required in
the area by the zoning ordinance and to provide for convenient access, circulation
control and safety of street traffic.
Snbd. 2 Nonresidential Blocks. Blocks intended for commercial, institutional and
industrial use shall be designated as such.
Subd. 3 Length. Block lengths shall not exceed one thousand (1,000) feet.
Subd. 4 Arrangement. A block shall be so designed as to provide two (2) tiers of lots,
unless it adjoins a railroad or limited access highway or lake or backs on other
subdivisions where it may have but a single tier of lots.
1130.07 Lots.
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City of Arden Hills
Chapter 11 Snbdivisions
Subd. 1 Location. All lots shall abut by their full frontage on a publicly dedicated
street or a street that has received legal status as such or will receive such statns npon
approval of the subject plat.
Subd.2 Size. The lot dimensions in subdivisions shall not be less than the minimum
dimensions required to secure the minimum lot area specified in the zoning ordinance
of the City.
Subd.3 Butt Lots. Butt lots shall be platted at least five (5) feet wider than the average
width of interior lots in the block.
Subd.4 Side Lot Lines. Side lines of lots shall be substantially at right angles or radial
to the street line.
Subd. 5 Waterconrses. Lots abntting upon a watercourse, drainage way, channel or
stream, including wetland or marsh, shall have an additional depth or width as
required, to assnre honse sites that are not snbject to flooding. In addition, all bnilding
areas should be located outside the natural feature and a minimum of two (2) feet above
the lOG-year flood elevation.
Subd.6 Natural Features. In the subdividing of any land, due regard shall be shown
for all natural features, such as tree growth, watercourses, historic spots or similar
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City of Arden Hills
Chapter 11 Snbdivisions
conditions, which if preserved will add to the attractiveness of the proposed
development.
Subd. 7 Lot Remnants. All remnants of lots below minimum size left over after
subdividing of a larger tract must be added to adjacent lots, rather than allowed to
remain as unusable parcels.
Subd. 8 Corner Lots. Corner lots shall be platted at least ten (10) feet wider than the
minimum requirement for interior lots as designated in the zoning ordinances.
Subd.9 Grading. Corner lot grading and street intersection grades shall be such that
there shall be no blocking of vision at street intersections over three (3) feet in height
above street pavement level within fifteen (15) feet of intersecting street right-of-way
lines.
Subd.l0 Donble Frontage Lots. Double frontage lots shall be avoided except where
lots back on an arterial or colleetor ~ti'.n:mlU:nitY street.
Subd. 11 Drainage. Lots shall be graded so as to provide drainage away from the
building locations and directed down lot lines within the proposed drainage and utility
easements. Any lot drainage that is directed onto an adjacent lot must be within a
drainage easement.
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Pnblic Hearing Draft
City of Arden Hills
Chapter 11 Subdivisions
.
1130.08 Public Use Dedications.
Subd. 1 Streets Utilities and Storm Water. The developer of a parcel of land shall
dedicate to the pnblic all streets and utility and drainage easements, as reasonably
required by the City Council, in order to integrate the proposed development with the
City's current and anticipated utility systems. The area to be dedicated for pnblic use
shall be delineated on the proposed plat or otherwise conveyed by easement to the City
prior to the issuance of any development permits.
.
Subd.2 Recreation and Conservation. Based upon a review ofits comprehensive plan
and ntility systems, the City Council has determined that allllevelo)lment ~1;i~~~f~ll[u
of property within the City will place a greater demand on the City's need to acqnire
land for parks, playgrounds, trails, wetlands or open space if the City's physical
environment is to be preserved and enhanced. Therefore, in addition to the dedications
required by Subd.l, the developer of a parcel ofland shall dedicate to the publicfor use
as parks, playgrounds, trails, wetlands or open space, a reasonable percentage of the
tract to be developed. In determining the percentage of dedication, the City Council
shall take into consideration the amount of open space, park, recreational or commons
areas and facilities which the developer has designed into the proposed development for
use by occupants of the development. The City Council shall be guided by the
.
following criteria in establishing a particnlar percentage dedication requirement:
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Pnblic Hearing Draft
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City of Arden Hills
Chapter 11 Snbdivisions
A. Gross density in percentage dedication in dwelling units per acre for
residential projects.
1. Zero to two shall be 6%.
2. Over two to three shall be 7%.
3. Over three to four shall be 8%.
4.
In excess of four shall be 10%.
B. Nonresidential projects or combination residential and commercial
projects. The percentage of dedication for uonresidential projects or
combination residential/commercial projects shall not exceed ten (10%)
percent.
C. Delineation of area to be dedicated. The area to be dedicated for
recreation and conservation uses shall be delineated on the proposed plat
or otherwise conveyed by easement to the City prior to the issuance of
any development permits.
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City of Arden Hills
D.
Chapter 11 Subdivisions
Cash in lieu of dedication. In lieu of the dedication of land for
recreational and conservation purposes, the City Council may require
the developer to pay to the City, as an equivalent contribution, an
amount in cash equal to the percentage of the land required to be
dedicated, mnltiplied by the fair market value of the property at the time
of final approval of the development application. The fair market value
of the property shall be determined by reference to cnrrent appraisal
data or sales information. When appraisal data is ntilized, the developer
shall reimbnrse the City for the cost of the appraisal prior to the
issuance of any development permits.
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Puhlic Hearing Draft
City of Arden Hills
Chapter 11 Subdivisions
.
E.
Installment payment. The City Council, at its option, may permit the
developer to submit two-thirds (2/3) of the cash equivalency payment
over a period of time pursuant to an installment payment agreement
approved by the city attorney. The agreement shall require the payment
of interest on the unpaid principal; shall reqnire final payment within
eighteen (18) months; and shall require secnrity for the unpaid principal
portion thereof. The City may withhold development or building permits
for any portion of the project if the developer does not comply with the
terms of the installment payment agreement.
.
F.
Restriction of use of cash contributions. All cash contributions received
by the City pnrsuant to this provision shall be placed in a special fund
and used only for the acquisition of land for parks, playgrounds, trails,
wetlands or open space; for development of existing parks, playgrounds,
trails, wetlands or open space areas; or for debt retirement in connection
with land previously acquired for such purposes.
Section 1140 - Required Improvements
1140.01 Survey Monuments. Survey monnments shall be placed and installed at all block
corners, angle points, points of curves in streets and at intermediate points as shown on the
. final plat required by the city engineer. Survey monnments shall be cast iron, as approved by
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City of Arden Hills
Chapter 11 Snbdivisions
the county surveyor, and shall be set at each corner or angle on the outside boundary. Pipes or
steel rods shall be placed at the corners of each lot and at each intersection of street centerlines.
All United States, state, county or other official bench marks, monuments or triangnlation
stations in or adjacent to the property shall be preserved in precise position.
1140.02 Sewers and Water. Sewers and water for the snbdivision shall be obtained by
connections to the City water and sewer systems.
1140.05 City Improvements. The subdivider shall deposit with the city administrator a sum
equal to one hundred twenty-five percent (125%) of the estimated cost as determined by the
city engineer of the following improvements to be constructed and furnished within the
subdivision, or shall have-given a performance bond in the same amount to the City to cover
the cost of the improvements. The improvements shall be installed and completed in
accordance with the plans and specifications prepared by the city engineer, and at the time of
such approval of the final plat the City Conncil may insert a time limit for the completion of
the improvements and the performance bond or deposit made by the owner or subdivider shall
be in accordance with the time limitation. The improvements to be constructed and finished
by the owner or subdivider shall include the following:
Subd. 1 Street Grading. Street grading ofthe full width ofthe right-of-way, inclnding
bonlevard, and sidewalk benches of each street dedicated in the plat.
It - 39
Public Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
Subd. 2 Street Surfacing.
A. All streets shall be improved with pavements constructed to specification
of the city engineer to over-all width in accordance with the following
minimum dimensions:
TO(pe of Street
Pavement 'Width
(in between face of curbs)
Major arterial
As agreed upon with the city engineer
Minor arterial
11 feet
Collector
38 feet
Commercial/industrial
36 feet
Residential
32 feet
t e6;~tf~~t
yp ~" '..,..,
Pave~ilil!!l~V~\';jil!l~'tiii ',iI tween face of curbs
" !!:t...!llfn.Y.!J!!iLL..Ii.lr..., .. }
Dde
Dete
B.
Pavements in cul-de-sac tnrnarounds shall have a minimnm outside
diameter of one hundred (100) feet.
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Public Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
Subd. 3 Sod. Provide turf and four inches of top soil between pavement edge and lot
line.
Subd. 4 Tree Planting. Street trees shall be planted no more than eighty {he (8$) feet
apart with a minimum of one per lot. They should preferably be placed six (6) to
twenty (20) feet inside the property fine rather than in the boulevard. The minimum
sizc and type to be planted shall be as approved by the Cit). Council. Tree planHngs
1i;,';;<f_,::>i:l'F!nmllJ\:,,",H;F"1fE1F>;Y'.z:m:Wi>, J, ,',1'111;' /'>> ,<'
shall be in conformanee with Section 710 of this code. ~tl'eetJ!:ell~~jtl!\ligliting. Street
tf~~s andi,fllflmil 'are re u '",;ftr~J1t;",s~
.,.,6 . g q mr~; ,
A. Ea If!li6~~lij}lbe rovid~?:!Wi'tDI"'0iWil1i,+liJj!fi'\!)~tBi~e 'j 'trees to M6rn?'II~~
..~qz.... p ,jJid Jii...,..m.. . () '. ..IU\!lt\PW
:'11'1"'11';" -:; '. :,:' ': ,'" _ _ -.:('~i/'''T''~ -'-'I:" :;',,',"',,<:-j":>'" '1'. ',--: -,- :.':i -('.'i:, I.''' :-'.1,':';, ',' ,"-/;",,<;,', ::.,:JTYiJlliiU'<Wmn,'y,::F:,.(: "':._ ::/c: '.:":::' :'" ':E
tl\~IJront yarde'~lie~lifu:gst be placed inside the prope:r~'y'[lill!~an."1.lot in the
b "III,~, d I.... . . ',I;j;"dih tti" 'ty . Thty' II;' fT';:.. "i{ 11 h
ou . .,",!l1: I/P.es.s approw, C"I)I!,... .@ll;,' ",eqgJnee,r., e pe.o" re~~SH:!l~..~e
sub' ec1:~;j:~f!Jlli~I;i[;l;,.: r.oval(Tlid;~iA~'Willr~illC1ill.'t+~,lii't()f" ecies). 'c'ilfiill!Jfc!0~
J ,'. .-.11; ,aJlll. '" LJ' P . . ,:>Iol!!~. ;. ~~. . ~p . "...:!Ill'I,P~
trelllli~1'l'Wtbe at le3~ijl~i~i~a,ji;1~~fIi~gb'iIJld [deciduous trees m!i~t;l~iat least
t#o ana on:\llilil:!l'ji!!W(2112) inc"~s 'i hi >lllam'e~~:';i"tltll~'tirll~ ofinstalladlllifffii:iTIH~
. ... .. . . ... ""'''''''h"",,,~j;,B""AI:'.!...,. '...".,.,... .,....."..,",:M,......-Jh,;g"~",.,'".,,"'''',Wi!''i1,,3:,..,',.,',',- ,._; ........"..,." ,-, ..... .,': '" ..." 0,; ,_ .,.,',.,"~""~'M,mL."",,.',., ';c. ....
i1'.II';:uiremenrflla'~'B~;~Jaived b . the city wll~i~\tlle !l'liiWlf,I"\nt ~an deJliiillslfaUI
",~;qL.".. ,_;,;, "',. ','" ...........,..,.,.....,.....J<..,d,,\if,)';i,.,..,...._., .... ," y.. .,", ,.,..;,..... '. .,' .,..........,.,.,._"...,..,...,"_,.""RR"..~~,b,.,_",_,_"..,' . . .,......,..,.,...,_,"',.'._,,'",,'"_,>;
~t~j a s~itable'ii~\W~~ing a minimumdiiiW~tef~~.t~~!~pd one-halflft~lm
ijjl'ch~~ fflr decilJolm~J:liA!!' six-foot lIeight for cilhir~r6'iIs,k il.q.d four (jf1;r~lt
apove tll€;gr~~~d .is loc~t~d lol'iIJl~;~PP~~i!fil!te 10catiofi;"~h;1i~'.Iot. No
a~!rfcuttinof:W~iji' d areas shall b'~1~~r\i!U~tted. exce t as~a,,/nroved iri'll
. ., g . ,......l!Jl , R. ,,'W. p" Pl1 "
subai\>isio}t" planti'ett iinit. !!'~[velopmen ior'sii~planaplllicatim}}
11 - 41
Public Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
", "t"I" '''"ll' i""i'!nl~ Ill\lj,"l0""j i 'b' I 'b' ,.'. """\lJ:illt~'I""AA' ,'~" I;'illg' 1;5;, ""(iil1dl,lhll'il!' 'iill;UL"[I"blll" i1lll;lI!lLj' "t "
l)l' A tree i 'n l' ' fa I1fr' 't e u t~6 r, 1 N" Ill' 0" "'''''[1 "'t.,a lee P'll" "
~~..,.:. -'.." /,~.. .. .:" ..... .,,,.,,,,,g,,.J%.,,[D,,,,.,;-,,, ...imHi~"" ,',.;..', _"""~'" ..... ..m~._.~__.. lik . -. !ti!,'m~L h.'''''.'''; bum'; ,lltlJJl'if;rtm ~"'Md dM::ilL _. J'm
~" rve the cliiili,llit~l!II!Im'f'Dti,nl'iiU'jr'Il'If~I;:Eliia~':I~i'lil!l...Wli;~.~~a~"l>JltIa
p,Hse ;':.,!!;""Ik"I,!. ,h g!!'i It 'dl!,IlMI!B!i!liJ~t~!iliiiiii';i';il~W!fuW!
Subd. 5 Street Markers. All necessary street markers and traffic signs sball be
installed.
1140.04 Additional City Improvements.
Subd. I General. It shall be the declared policy of the City to proceed as soon as
practicable after final approval of a subdivisiou plat with installations within the
subdivision of such improvements as may be determined to be necessary by the City
Couucil, snch as central wells, water mains, street grading, street snrfacing, sanitary
and storm sewers, water pumping and storage facilities and hydrants. The city
engineer shall be directed to prepare plans and specifications for the same upon
acceptauce of the final plat and shall submit his or her recommendations for the
improvements, together with estimated costs, to the City Conncil. The Council may
authorize preparation of plans and specifications by an engineer employed by the
subdivider at his expense and under the direction and subject to the approval of the
city engineer. Upon acceptance of the final plat the Council may commence assessment
proceedings for the furnishing and constrnction of the improvements within the
subdivision, and may order the improvements as it deems expedient and necessary.
11 - 42
Public Hearing Draft
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City of Arden Hills
Chapter 11 Snbdivisions
Subd.2 Alternative. In the alternative, the City Council may authorize the execution
of a contract between the City and the subdivider reqniring the snbdivider to furnish
and to constrnct the improvements at the sole cost ofthe snbdivider, in accordance with
plans and specifications and nsnal contract conditions approved by the Council, which
shall include provision for supervision of details of constrnction by the city engineer,
and grant to the engineer authority to correlate the work to be done nnder the contract
with other improvements in the snbdivision which may be constrncted by the City
under contract with others. The subdivider as contractor shall fnrnish a surety bond
with penalty equal to 1.25 times the cost of the improvements to be made under the
contract as estimated by the city engineer, which bond will be in form required by
statnte for pnblic contractors bonds and will identify the improvements and the time
schednle for their completion.
1140.05 Utilities. All utilities shall be installed underground as provided in this code. All
nnderground work shall be completed prior to street surfacing.
1140.06 Sidewalks. Sidewalks may be required along both sides of all streets; pedestrian ways
shall be paved and fenced as approved by the City Council.
1140.07 Curb and Gutter. Concrete curb and gutter shall be required.
11 - 43
Public Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
Section 1150 - Variances and Exemptions
1150.01 Granting Variances.
Subd. 1. The City Council may grant a variance from these regulations following a
finding that all of the f.ollowing conditions exist:
.
.......
There are spccial circumstances or conditions affecting the property
such that the strict application of the pro';isions of this chapter would
deprive the applicant of the reasonable use of his or her land;
B. The yariance is necessary f.or the preservation and enjoyment of a
substantial property right of the applicant; and
C. The granting of the variance will not be detrimental to the public welfare
or injurious to other property in the territory iu which the property is
situated.
T:iI~:;~ity eb1m~1 may grall~;~':\I:~~~~!lce from the regiI}1iiii.lis~~ti~~~':ttJn tlJis clli>>tl!1'
as art otthe. Hit ap' jlj~tl'~~all:: rocess foii()~n;li1niTfdinllil;riJ.itljlii)'. of the f()itb~~'
. p d' Pl".. . IL. g. d Si.. . ~.~II.. .1. .. .., ~~ g
conditions.. exist:
. .....j,.,..,,:.... -,.,",::: ::-,- -, "": :::T::',"..::"':':'''''<+,-".::, ,- _.:. '.. -', .'.,: ,-, ',-'.",.-'- V,h:-" --':'-:"+""-11""'::'''''''''''':'
A. . rhe hardslii~is;I\ot a mere incQn:VepJ~!i!te;
11 - 44
Public Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
not ge~~~~ll~ll~licableto other ph)Pl;rty;
@I1~j~~ grantfug ;~m~;~!H~e..will not. besnbsfanii:lUy detrilIlentaft~l!~tp'llm~
welfiir~~IIlIl]l;II~rin:) accordw'iilll~he t:ii'. Mii1!:ii:i)~'liI~1!:IIl)~II~~ill~ili~1!:IIlilJlili!lttr!lltiie
...._. ....... ..."_._,,.,,'_"'W;!;~"'.__/ _... ,'...'" "..__Co..... ..:-...____.,>~.__!Jjm11'J:L"_B_'.. ..I'J!~LH!!~l~,t:t."BMWWJl!iD~lK~ Jllli~.~f.,____"'Jlp,.__~_.;_..,.__;;";._.;n..._.
ioni . J)l1liiii"~tta' d' -:'1eJl:i.b,Si "'ilmt
. .. pg . . . . ..lLddf,igmW". .... t~p
Subd. 2. In making these findings, the Council shall consider the natnre of the
proposed use ofland and the existing nse ofland in the vicinity, the nnmber of persons
to reside or work in the proposed subdivision and the probable effect ofthe proposed
subdivision upon traffic conditions in the vicinity. In granting a variance as provided
in this section, the Council shall prescribe only such conditions that it deems desirable
or uecessary to the public interest.
1150.02 Applications. Application for any variance shall be in writing by the subdivider atthe
time when the preliminary plat is filed for the consideration of the City Conncil, stating fully
and clearly all facts relied upou by the petitioner, and shall be supplemented with maps, plans
or other additional data which may aid the Council in the analysis of the proposed project.
The plans for the development shall inclnde the covenants, restrictions or other legal
provisions necessary to guarantee the full achievement of the plan.
11 - 45
Public Hearing Draft
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City of Arden Hills
Chapter 11 Snbdivisions
1150.03 Minor Subdivisions of Unplatted Property.
Subd. 1 General. In the case of a proposed subdivision of an unplatted tract of land,
which snbdivision is small in size and of minor importance and which tract is located in
an area where conditions are well-defined, the City Conncil, npon review and after
report of the planning commission, may exempt the subdivider from compliance with
some ofthe provisions ofthis chapter. The provisions from which the subdivision may
be exempted shall be specified by the planning commission at its first meeting at which
the subdivider's application nnder this paragraph is presented.
Subd. 2 Special. Such snbdivision may even be exempted from the platting
reqnirements of this chapter and may be allowed to be accomplished by means of a
surveyor registered land survey provided that the following requirements have been
met:
A. The resultant parcels abut on and have access to an existing public
street, road, thoroughfare or highway;
B. The subdivision will not involve the opening, widening or extension of
any pnblic or private street, road, thoronghfare or highway and will not
involve the dedication, reservation or construction of any type of public
ntility;
11 - 46
Pnblic Hearing Draft
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City of Arden Hills
Chapter 11 Snbdivisions
C. The subdivision will not obstruct future streets which have been planned
by the City;
D. The subdivision will not be detrimental to the public welfare or injnrions
to adjacent tracts in the area in which the subdivision tract is located;
E. The registered land survey conforms in all respects to the provisions of
M.S. ~ 508.47 (4), as amended, the terms of which are incorporated
herein by reference, or the survey contains at least the following items:
1. Graphic scale;
2. North-point;
3. Date of preparation;
4. Names and addresses of the owner, and registered land surveyor
who prepared the snrvey;
5.
Legal descriptions of the tract as a whole and the resnltant
parcels;
11 - 47
Public Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
6. Location, width and names of all existing or previonsly platted
streets, roads, thoroughfares or highways adjacent to the
subdivision tract;
7. Location of all monument, stakes, benchmarks or triangulation
stations in or adjacent to the subdivision tract;
8. Location and size of existing sewers, water mains, culverts or
other undergronnd facilities within the subdivision tract and to a
distance of one hundred (100) feet beyond the onter limits of the
tract;
9. Boundary lines of adjoining un subdivided or subdivided tracts
withiu one hundred (100) feet of the subdivision tract, identifying
the same by name and ownership;
10. Existing zoning classification of the district within which the
subdivision tract is located;
1L
Total approximate acreage of the subdivision tract and acreage
or square footage of the resultant parcels;
11 - 48
Pnblic Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
12. Topographic data, includiug contours at vertical intervals in not
more than two (2) feet and depiction of significant features on or
within the subdivision tract such as waterconrses, marshes,
wooded areas, rock outcrops and powers transmission poles and
lines;
13. Certification by the registered land surveyor who prepared the
survey.
F.
Monnments or stakes shall be placed and installed at all corners and
angle points of the resultant parcels;
G. The resnltant parcels will not have setbacks and dimensions less than
those reqnired in the zoning ordinance, as amended;
H. Drainage and utility easements along lot lines and any other easements
required by this chapter.
I. A grading plan with drainage calculations shall be submitted if required
by the city engineer.
11 - 49
Public Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
J.
The subdivider has complied with the requirements of this chapter
which the planning commission or City Council have made the
subdivision by registered land surveyor survey specifically subject to.
Subd.3. Such filing fee as has been established in a resolution adopted by the Council
shall be paid the zoning administrator with every application for an exemption nnder
this paragraph.
t 150.04 Division or Consolidation of Platted Lots of Record. In the case of an application to
divide one or more lots platted into lots and blocks and designated in a subdivision plat on file
and ofrecord in the office ofthe recorder or registrar of titles for the connty, into one or more
separately described parcels, or an application for the consolidation of two or more such
platted lots or parts thereof into one or more tracts, the City Council, upon review and after
report of the planning commission, may approve the subdivision or consolidation, upon
compliance with the following conditions:
Subd.l Survey. The owner(s) of the platted lot(s) to be so divided or consolidated shall
file with the zoning administrator a surveyor registered land snrvey of the lot(s) to be
divided or consolidated. The surveyor registered land survey shall be prepared and
certified by a Licensed Surveyor.
11 - 50
Pnblic Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
Subd. 2 Relation to Zoning Ordinance. The parcels or tracts resnlting from the
division or consolidation, as depicted in the surveyor registered land snrvey, shall not
have an area, dimensions or setbacks which are less than the minimum requirements
specified for the zoning district in which the parcels or tracts are located in the zoning
ordinance.
Subd. 3 Public Welfare. It is determined that the proposed division or consolidation
will not be detrimental to the public welfare or injnrions to adjacent tracts in the area
in which the subdivision tract is located.
Subd. 4 Conformity. The proposed division or consolidation shall conform to such
other requirements of this chapter, which the planning commission has specifically
made such division or consolidation subject to at its first meeting at which the
application for the division or consolidation is snbmitted. The City Council may add to
or snbtract from the requirements specified by the planning commission additional
requirements ofthis chapter which it deems necessary for the protection of the health,
safety, general welfare and convenience of the City and to secure the objectives ofthis
chapter. Prior to the City Council's granting the owner(s) an exemption pursuant to
this paragraph, the owner(s) shall comply with all the requirements of this chapter
which the planning commission or City Conncil have specifically made the division or
consolidation subject.
11 - 51
Public Hearing Draft
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City of Arden Hills
Chapter 11 Subdivisions
Snbd. S. Such filing fee as has been established in a resolution adopted by the Conncil
shall be paid the zoning administrator with every application for an exemption under
this paragraph.
11 - S2
Public Hearing Draft
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~ILLS
MEMORANDUM
DATE:
Agenda Item 7.G
July 22, 2002
TO:
Mayor and City Council
Joe Lynch, City Administrator
Aaron Parrish, Community Services Director ~
FROM:
SUBJECT:
Local Stormwater Management Plan Final Approval
Overview
In November of 2001, the City Council directed staff to submit the Local Stormwater
Management Plan to various govemmental agencies and to make it available for public review.
Based on comments received, we have submitted our Plan to the Rice Creek Watershed District
Board of Managers for their consideration and approval. At their July 10th, 2002 meeting, the
Board of Managers approved the attached resolution. This resolution approves the Plan with the
following conditions:
I. Inclusion before adoption of a reserved TCAAP tab in the local plan;
2. Within one year after transfer of control over TCAAP land to the City, submission to the
RCWD of a revised local plan meeting BWSR and RCWD requirements for the TCAAP
land; and
3. The City's commitment thereafter to address any issues raised by the RCWD and work in
good faith toward final plan approval by the RCWD.
The above conditions appear to be reasonable. Condition #1 is simply a document formatting
exercise that can be easily accomplished. Condition #2 requires that a plan be submitted and
adopted within one year if TCAAP were to come under the regulatory control of the City at some
point. Condition #3 is less substantive relating primarily to intergovernmental relations between
the City and District. Since there are no additional changes to the document that the Council has
not seen in the past, a full copy has not been included for your review. Pinal eopies of the
document will be produced and distributed once the document is formally approved. In the
interim, please feel free to contact me if you would like an additional copy or have any
questions.
Requested Action
Consider final approval ofthe Local Stormwater Management Plan
Attachment
1. Rice Creek Watershed District Board of Managers Resolution
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RESOLUTION
RICE CREEK WATERSHED DISTRICT
BOARD OF MANAGERS
RESOLUTION TO APPROVE CITY OF ARDEN HILLS
LOCAl, WATER MANAGEMENT PLAN
Manager Haake offered the following Resolution and moved its adoption,
seconded by Manager Aiken:
WHEREAS on June 14,2000, the RCWD adopted amendments to its Water Resource
Management Plan (WRMP) under Minnesota Statutes !i I 03B.23 I , which, as amended, details
the existing physical environment, land use and development in the watershed and establishes a
plan to manage water resources and regulate water resource use to improve water quality,
prevent flooding and otherwise achieve the goals of Mil me sot a Statutes Chapters 103B and
103D;
WHEREAS the WRMP, as amended, incorporates the Rules adopted by the RCWD to
improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes
Chapters 103B and I03D;
WHEREAS on September 27,2001, the City of Arden Hills ("City") submitted a draft
local water management plan under Mimlesota Statutes S 1 03B.235 for RCWD review;
WHEREAS the Metropolitan Council received a copy of the draft local plan and
provided comments on that plan to the RCWD on November 5, 2001;
WHEREAS the RCWD reviewed the local plan in accordance with Minnesota Statutes
S103B.235, subd. 3, and responded in writing to the City on November 26,2001 and April 4,
2002, and the City submitted a final local plan to the RCWD on June 26, 2002 (the "Plan");
WHEREAS that area within City boundaries occupied by the Twin Cities Army
Ammunition Plant (TCAAP) is not addressed by the local plan, but the City agrees to amend the
local plan to do so once TCAAP land is transferred out offederal hands and available for local
planning and development;
WHEREAS the RCWD has determined that the local plan otherwise meets the
requirements for approval set forth in the WRMP, except that the local plan does not provide for
the adoption of official controls or implementation of inspection and administrative procedures
nccessary to insure that the full regulatory standards of the RCWD are met, as required by the
WRMP in order for the City to assume sole regulatory authority;
WHEREAS the City does not wish to assume sole regulatory authority but, instead,
wishes to authorize thc RCWD to continue to require permits for the use and development of
land, and otherwise exercise its regulatory authority within the City, within the meaning of
Minnesota Statutes SI03B.211, subd. l(a)(3); and
.- .
WHEREAS the RCWD's approval of the local plan rests on the City's agreement that the
RCWD will continue to exercise its present regulatory authority; and
.
WHEREAS the RCWD and the City understand that the RCWD would deem a future
withdrawal of the City's authorization without an RCWD determination that the City's official
controls meet WRMP standards to constitute a failure to adopt the implementation program of
the local plan as specified in Minnesota Statutes ill 03B.211, subdivision I (a)(3)(i).
THEREFORE BE IT RESOLVED that the RCWD Board of Managers hereby approves
the City's local plan, conditioned on the following:
. Inclusion before adoption of a reserved TCAAP tab in the local plan;
. Within one year after transfer of control over TCAAP land to the City, submission to
the RCWD of a revised local plan meeting BWSR and RCWD requirements for the
TCAAP land; and
. The City's commitment thereafter to address any issues raised by the RCWD and
work in good faith toward final plan approval by the RCWD.
The question was on the adoption of the Resolution and there were 3 yeas and 0 nays as follows:
Yea Nav Absent
AIKEN lEI D D .
CARDINAL lEI D D
DOEGE D D lEI
HAAKE lEI D D
LEROUX D D lEI
Upon vote, the Chair declared the Resolution adopted.
Dated:
,2002
Barbara Haake, Acting Secretary
* * * * * * * * * * *
I, Barbara Haake, Acting Secretary of the Rice Creek Watershed District, do hereby
certify that I have compared the above resolution with the original thereof as the same appears of
record and on file with the District and find the same to be a true and correct transcript thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand this _ day of
,2002.
Barbara Haake, Acting Secretary
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~
EN HILLS
MEMORANDUM
DATE:
July 24, 2002
Agenda Item 9.B
TO:
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem -
Terrance Post - City Accountant@
Charitable Gambling Premises Permit Renewal
FROM:
SUBJECT:
ENCLOSURES:
A. Resolution No. 02-35
B. Renewal Application (LG 2l4PR)
C. Lease (LG 222 Bingo Activity)
D. Trade Area Spending Recap
E. Ukrainian Cultural and Educational Center Filing Letter
This premises permit renewals involves the applicant's request to continue Class A charitable
gambling activities at the Pot O'Gold Bingo Hall for the period from October I, 2002 to
September 30, 2004.
Backl!:ronnd
St Katherine Ukrainian Orthodox Church is an Arden Hills-based organization that only
conducts licensed charitable gambling activities at the Pot O'Gold Bingo Hall in Arden Hills. St.
Katherine Ukrainian Orthodox Church complied with City of Arden Hills ordinance trade area
spending requirements by expending $82,394 in local trade area donations during the October
2000 to June 2001 twenty-one (21) month staff review period. Recipients receiving donations in
excess of $5,000 include St. John the Baptist School ($15,000); St. Odilia School ($15,000); ISD
621 ($9,250); Arden Hills Park Fund ($8,000); and Northwest Youth & Family Services
($7,000).
The $3,000 donation to the Ukrainian Education and Cultural Center is to a separate legal
corporation aside from the church, although both organizations are located together. The intent
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2
July 24, 2002
St. Katherine Ukrainian Orthodox Church Charitable
Gambling Premises Permit Renewal
of the trade area spending ordinance would be that these funds do not flow back or be under the
control of St. Katherine Ukrainian Orthodox Church.
Recommendation
Staff recommends City Council approval of Resolution No. 02-35, "Resolution Approving St.
Katherine Ukrainian Orthodox Church Charitable Gambling Premises Permit Renewal
Application at Pot O'Gold Bingo Hall" at the July 29, 2002, regular City Council meeting. A
representative from the organization will be present to answer any questions the City Council
may have of them.
CITY OF ARDEN HILLS
RAMSEY COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 02-35
RESOLUTION APPROVING ST. KATHERINE UKRAINIAN ORTHODOX CHURCH
CHARITABLE GAMBLING PREMISES PERMIT RENEWAL APPLICATION
AT POT O'GOLD BINGO HALL
THEREFORE, BE IT RESOLVED, that the City of Arden Hills agrees to approve the
Premises Permit renewal application for St. Katherine Ukrainian Orthodox Church for a Class A
charitable ganlbling activities at the Pot O'Gold Bingo Hall, 3776 Connelly Avenue, Arden Hills,
Mimlesota, for the period from Octobcr I, 2002 to September 30, 2004.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN
HILLS THIS 29th DAY OF JULY, 2002.
DENNlSPROBST,MAYOR
ATTEST:
JOSEPH P. LYNCH, CITY ADMINISTRATOR
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State of Minnesota
Gambling Conh'ol Board
Premises Permit Renewal Applieation
^ Ti1.S>>NI&JT (3
For Board Use Only
\/L
Amt Pd
el4PPR Printed: 3/112002
Check #
License Number:A-31686-001
Effective Dale: 10/1/2000
Expiration Date: 9/30/2 002
Name of Organization: St Katherine Ukrainian Orthodox Church
Gambling 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: OJr records show the premises
is located \\<ithin the city limits
Lessor Information
Name of the property owner (If different):
G.~(J<~ SIQd"w
Square footagc leased per month:
Rent paid per month:
Square footage leased per bingo occasion: g' 'f g
'0
Rent paid per bingo occasion: '56)0, -
.
Bingo Activity
OUf records indicate that Bingo is conducted on these premises. Please refer to the instructions for required
Storage Information
3776 Connelly
Arden Hills, MN 55112
Bank Information
Fir,tn Bank
26':19 Sndlill!; Ave N
Rosnill", MN 55113
Gambling Bank
AccotUlt Number: 000
On the lines provided below list the name, addre.';,$ and title of .at least two persons authorized to sign checks and make deposits and
withdrav.'als for the gambling account. llle organization's treasurer may nol handle gambling funds..
Name
Address
City, State, Zip Code
Sonth St, Paul, MN 55075
Title
G-""9//<;&.
/.16-1(
Joe Anaya
241J F.arl Lane
vc
C'<.o
72 WALL I>IJE
'Z 77 rz:
(Be sure to complete the reverse side of this application)
This form will be made available in alternative format (ie.large print, braille) upon rcquesL
Page I of2 (Continued on Back)
Gambling Site Authorization
I hereby consent thal local law enforcement
officers, the board or agents of the board, or
the comrnissionerofrevenue or
public safety or agent<; of the
cOllnuissioners, may enter the premises to
enforce the law.
Bank Records lnformation
The ooard is authori7.ed to inspect the bank
records of the gambling account whenever
necessary to fulfill requirements ofctllTCnt
gambling rules and law.
Organization License Authorizatio n
I hereby authorize the Gambling Control
Board to modify the class of organization
Hcenre to be consistent with the class of
permit being applied foT.
Acknowledgment
Oath
I dec lare that:
I. I have read this application <lnd all
infonnation submitted to the board is true,
accurate, and complete; 7.
2. all other required information has been
fully disclosed;
3_ lamthechiefexe<::utiveofficerofthe
organization;
4. I assume full responsibility for the fair and
lawful operation of all activities to he
conducted;
5. I wilt familiarize myscifwith the laws of
MiImesota governing lawful gambling <lnd
rules of the board and agree, if licclN':d, to
abide by those laws and rules, including
amendments to them;
A.. irA (>>JYl&-r! 13>
7tL
Page 2 of2
6. any changes in application information
will be submitted to the bctard 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 infonnation may result in the
denial or revoC<ltion of the license.
.
Signature of the chief executive
offic (Designee m. not sign)
/
Date
. .. .. Local Unit of Government AekI1~_
~l_~,j.~ ........ ~
On behalf of the city, [hereby ""knowledge this application CI N oF" /}.JljJrYJ &l-LS
for lawful gamhling activity at the premises located within p~~ nf city .~
the: city'sjurisdi(;tion, and that a re9::>1ution specifically ./1
approving or denying the application will be forwarded to ~ ! l..-
the applying organization. Sign ture of city per~nncl receivlOg application
O:t[ 11i.h1'? ufilr\.
0; / ()2 / 1...&:Jl.
Date
For the township: On behalf of the township, I <l(;knowledge
that the organization is applying to conduct lawful gambling
activity within the township limits.
Print name of township
.
A township has no statutory authority to approve or deny an
application (Minn. Stat ~c. 349.213, subd. 2).
Signature of township official receiving application
/_1_-
Title
For the county: On behalf of the county, I hereby
acknowledge this application for l<lwful gambling activity at
the premises located widIin the county's jurisdiction, and
iliat a resolution- specifically approving or denying the
application will be forwarded to the applying organization.
The information requested on this form (and
any attaclunents) wHl be used by the
Gambling Control Board (Board) to
determine your qualificati.ons to be involved
m lawful gambling activities in Mirrnesob,
and to assist the Board in conducting a
backgrOlU1d investigation of you. You have
the right to re filSe to supply dIe informar.ion
requested; however, if you refuse to supply
tIllS information, the Board may not be able
to determine yourquaJifkations and, as a
Cf>nscquenu:; may refuse to issue you <l
licenx. If you supply the information
nqucsted, the Board will be able to process
your application.
Print n::une of cOlmty
Date
Signature of county personnel receiving application
Tille
Your name and address will be public
infonnation when rc(;eived by the Board.
All the other infornmtion 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 Bo ard in the
process of applying for your license will
become public. If the Hoard does not is<>ue
you a license, all the information you have
provided in the process of applying for a
licen~ remains private, with the exception
of your name and address which will remain
public.
Private data about you are available only to
/---.1--
Date
Board whose work assigrunent requires
that they have a<:ccss to the infonnation;
the Minnesota DepartmcntofPublic
Safety; the Minnesota Attorney General;
the Minnesota Connnissioners of
Administration, Finance. and Revenue; the
MUUlesota Legislative Auditor, nmonal
and international gambling regulatory
agencies; anyone pursuant to court order,
other individuals <lnd agencies that are
specifically authorized by state or federal
law to have access to the infonnation;
individuals and agencies for which lawor
.
Minnesota Lawful Gambling
LG222 Lease for Bingo Activity
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Page 1 of2
6101
Name of legal Owner of Premises Street Address
Go iu.-
Name of lessor Street Address
(If same as legal owner, write in "SAME")
City
(lq1~ Ltl
City
State Zip
L 1-1
State Zip
Daytine Phon'( 7(,3)
o
Daytime Phone
Name of Leased Premises
Zip
Daytime Phone (, d)
SOl\. t3t. /71-
Daytime Phone
Street Address
City
v "
Organization License Number
Rent Infonnation
Rent for bingo and all other gambling activities conducted
during a bingo occasion may not exceed:
(1) $200 per occasion for up to 6,000 square feet;
(2) $300 per occasion.for up to 12,000 square feet;
(3) $400 per occasion for more than 12,000 square
feet;
(4) $25 per occasion for bingo conducted at anytime
in a bar (regardless of the square footage) ,
organization must conduct another form of lawful
gambling, and the premises must serve intoxicat-
ing 6quor or 3.2 percent mall beverages; or
CifJt2.c - {
(5) $25 per day for noon hour bingo conducted between
11 :00 a.m. and 2:00 p.m. on a leased premises
(regardless of the square footage), and the premises
must haVe a license for the sale of intoxicating
beverages on the premises under chapter 340A.
The total rent may not be based on a percentage of
receipts from lawful gambling or attendance at a
bingo occasion.
An organization may not pay rent to IIsell or to any of
its affiliates for space used for the conduct of lawful
gambling.
Rent to be paid per bingo occasion $
(If no rent is to be paid, indicate .{)-)
<><>
~OD ,-
Sketch and Dimensions of Leased Area
For Premises Permit Renewal Applications Only: If no
changes have been made at the site, you do not have
to complete this section or provide a sketch.
Sketch: For all areas being leased for the conduct of
gambfing and storage of gambling product at this premises,
attach a sketch (drawing) showing: (1) the leased area(s),
and (2) the dimensions.
The leased areas are:
Storage
Storage
feet by
feet by
feet by
feet by
feet by
feet fur a total of square feel.
feet for a total of square feet
feet for a total of square feel.
feet for a total of square feel.
feet for a total of square feet.
Combined total ~ (. t.{ t' square feel.
Times and Days of Bingo Occasions
Enter bingo days and times below. A bingo occasion must continue fur at least 1-112 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
whole) may not conduct more than ten (10) bingo occasions each week.
Dav Beainnina/Endino Hours Day BeainninalEndino Hours
.5~ {/-I"" to {(Poo T"t2- (1<90 to :L{ 00
s.~ /1190 to ) / c> C> ~ ){6'0 to 2-$&,;>
5ULl,..L... l{oD to 2300 to
Dav
Beainnina/Endina Hours
'fHu
~
I<{oo
to 2{"""
'Zl<p,,",
to
7-3 D D
to
to
Noon Hour Bingo Only
!@y Beoinnina/Endina Hours
Dav
Beoinnino/Endina Hours
Dav
Beainnina/Endino Hours
to
to
to
to
to
to
to
Amended Lease
Only
If this is an amended tease Showing changes occurring during the term of the current
premises perml, write in the date that the changes will be effective ~_'_.
80th parties that signed the lease must initial and date all changes.
LG222 Lease for
I BINGO HALL LESSOR
Bingo Activity
II
When leasing from a licensed bingo
hall, the lessor must be the legal owner
of the property.
I ACCESS TO PERMITTED PREMISES
State 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
Arr~f{)~ C
Page 2 of2
6101
'/.-
72-
LESSOR PROHIBITIONS
Management of Gambling Prohibited
The owner of the premises. or the tessor
will not manage the conduct of gambling
at the premises.
Participation as Players Prohibited
The lessor, the IessMs immediate family,
and any agents or gambling employees
of the lessor wiD not participate as players
in the conduct of lawful gambling. on the
premises.
Illegal Gambling
1. The lessor is aware of the prohibition
against illegal gambling in Minnesota
Statutes 609.75, and the penatties for
illegal gambling violations in
Minnesota Rules 7861.0050, subpart
3.
2. To the best of the lessor's knowledge,
the lessor affirms that any and all
games or devices located on the
premises are not being used, and are
not capable of being used, in a manner
that violates the prohibitions against
iliegal gambling in Minnesota Statutes
609.75, and the penalties for illegal
gambling violations in Minnesota
Rules 7861.0050, subp. 3_
3. Notwithstanding Minnesota Rules
7861.0050, subpart 3, an organization
must continue making rent payments,
pursuant to the terms of the lease, if
the organization or its agents are found
to be solely responsible for any illegal
gambling conducted at that site that is
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.
Date
.
4. The lessor shaH not modify or tenninate
the lease in whole or in part because
the organization reported to a state or
local law enforcement authority or the
board the occurrence at the site of
illegal gambling activity in which the
organization did not participate.
Other Prohibitions
1. The lessor will not impose restrictions
on the organization with respect to
providers (distributors) of gambling-
related equipment and services or in
the use of net profits for lawful
purposes.
2. The lessor, the lessor's immediate
family, and any agents or employees
of the lessor wilt not require the
organization to perform any action that
woukl violate statute or rule.
3.11 there is a dispute as to whether any
of these lease provisions have been
violated, the lease win remain in effect
pending a final determination by the
Compliance Review Group (CRG) of
the Gambling Control Board.
4. The lessor shall not modify or terminate
this lease in whole or in part due to the
lessor's violation of the provisions
listed in this lease.
Arbitration Process
The lessor agrees to arbitration when a
violation of these lease provisions is
alleged. The arbitrator shaH be the CRG.
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 commrssioners 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 permit
issued by the Gambling Control Board.
unless terminated sooner by mutual
consent of the lessor and lessee.
OTHER OBLIGATIONS AND AGREEMENTS. Attachment
AH obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach
additional sheets if 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 third-party vendor pursuant to the items of the
lease, including but not limited 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.
I E.-
Print Name and Title of Lessor
.
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 mailers related to this lease. Any
chan es in this lease will submjtled to the Gambfing Control Board te prio 0 t effi . date of the change.
, -30-o:L tJ6-dYt1:J
SOJ 6iJmJJ;te/lkr.
P'
at 1 OO-{)27-3529 and asl<to place acaff 10 651-{)39-4000. The
information requested on this form will become public
information when received by the Board, and will be used to
determine your compliance with Minnesota statutes and rules
governing lawful gambling acliv~ies_
Questions on this form should be directed to the Licensing
Seciion of the Gambling Control Board (Board) at 651-{)39-
4000. This publication wiD be made available in attemative
format (i.e_ large prin\, Bra~le) upon request. Hearing impaired
individuals using a TTY may caH the Minnesota Relay Service
.
i--RECEIVED
I JUL 1 1 2002
,
81. KATHERINE UKRAINIAN ORTHODOX CHURdPi'TYOfARDt:NHILLs,
ATTMttNl~ 1)
SCHEDULE OF LAWFUL GAMBLING NET PROFITS & TRADE AREA DONATIONS
OCTOBER 1, 2000 THRU JULY 29, 2002
,
,
e
MONTH NET PROFIT 10% FUND
Oct. 2000 120 0
Nov. 3,183 0
Dec. -2,461 0
Jan. 2001 -877 84
Feb. 6,194 0
Mar. 13,593 0
Apr. 5,540 2,613
May 12,611 554
Jun. 484 1,261
Jul. 6,359 48
Aug. 11,274 634
Sep. 2,961 1,127
Oct. 14,359 296
Nov. 10,792 1,436
,. Dec. 12,992 1,079
Jan. 2002 14,064 1,299
Feb. 13,220 1,406
Mar. 13,670 1,322
Apr. 15,210 1,367
May 4,729 1,521
Jun. 6,236 473
Jul. 624
Totals 164,253 17,144
DONA nON RECEPIENTS
.
Arden Hills 10% Fund
Northwest YMCA
Northwest Youth & Family Services
Ukrainian Education & Cultural Center
St. Odilia School
St. John the Baptist School
Ramsey County School Patrol
Arden Hills Park Fund
Irondale High School
ISO 621
Total
OTHER TRADE AREA
o
o
o
o
o
o
o
o
o
o
o
o
1,000
1,000
11,000
2,000
o
o
24,000
o
13,250
13,000
y711~ l\-'
I_t '1})-0
+- UI~
1/L 'S ~ 4-
~
:;::;;---
65,250
17,144
5,000
7,000
3,000
15,000
15,000
2,000
8,000
1,000
9,250
82,394
~ - ~D.~~
lk>lf) 1..S ~ - -;::::::=---
. .
Oleh Gregoret. CEO
651-224-1242
Halyna Myroniuk
Curator
Dr. Tatiana Riabokin
Program Director
AUVISORY BOARD:
V, Rev. Peter Siwko
Nio<J; Bulavilsky
Peler OSlroushko
Loba perchyshyn
Oksana Solovey
A1/~>>MBJ1 6"
Ukrainian Cultural and Educational Center
1600 West Highway 96, Arden Hills, MN 55112_
YKpalHcbKHH KYAbTYPHO-OCBiTHiH UeHTp
July 1, 2002
TO WHOM IT MAY CONCERN
In 1996 the Ukrainian Cultural and Educational Center was founded for the
purpose of promoting Ukrainian culture and traditions for Ukrainian immigrants,
their descendants, and the community at large. Activities include the creation of a
permanent museum and exhibit of Ukrainian art, providing instructions in
Ukrainian art such as: decorating Easter eggs (Pysankys), iconography,
embroidery, folk dancing, choir, and Ukrainian cuisine. The activities of the
Center also include various Ukrainian cultural events, such as lectures, seminars,
musical performances and folk dancing.
All above activities arc open to everyone who is interested in learning about .
Ukraine and its cultural heritage.
On May 16, 1996 under Filing Number 10-6, Document Number RI-7195, the
Cultural Center was approvcd as a Non-Profit Corporation by the Minnesota
Secretary of State. On February 26, 2002, upon filing Form SS-4, the Cultural
Center was assigned Employcr Identification Number 27-0001957, by the
Department of the Treasury Intcrnal Revenue Service in Ogden, UT 84201. We
are in the process of applying for thc Tax Exempt status with the Internal Revenue
S~rvic .~~
p. /' /
'0~
Oleh Gregoret, /'
.