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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 HP Laser Jet 3200 HP LASERJET 3200 i n v e n t 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 . ....:;:01\.) o (t) 0 0) om'" ~=' :J n co= . . I\.) U1 ...... ex> I\.) -..j I\.) ex> ~I\.) ...... I\.) (l) I\.) I\.) w o I\.) W w ...... ...... ...... ,I>. ....:;:0...... o CD 0 J'\.) om'" ::::::3 :J n <0= U1 ....O-l...... 0"0 ow o~~ ::J:"tI o I '" en m en ...... en (l) ...... -..j .... o I\.) <0 I\.) I\.) :c'5:0W 0(1)00 0<1><:: ~:J => 0 cc= IV W ....::EO..... :.:;. 00 Ol ()1~<:: "'=> (/) ~. <1>- <II <II O' => ....,,1\.) o-l~ o~ "00 3 'I\.) lJ1 I\.) a> I\.) ..... I\.) 00 ..... lJ1 00 ....5:0<0 acne 0<1><:: :=:J => 0 co= ..... ..... m"..... iD~o 0- -5: O' )> => ~ C-< III '< ..... 00 ..... <0 I\.) o ..... W I\.) ..... ..... ~ ..... o or I\.) eM')> <II '< OJ ~;:O =:;0 c )> -< W ....O,,~ 00 ~ 03=> 3 :!. -. => <Ilea !!!. o => . . . ~ "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. . . . . 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 . 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 . . . . 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, . . . . 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. , . . . ~ ~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 . 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 . . . . 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 . 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. . . 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 . , . . . ~ ~ 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 . . . 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 =..Iyi""'''''''''r"y.bkid'im.l e e e CITY OF ARDEN IlILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 07/29/02 COUNCIL MEETING PAGE20F3 UNPAID CLAIMS REGISTER: '::T~1~#~:' t< < < "MJiiUNt' .'""""""",<"""",<""77 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 , . . . 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 ,,,ol,...."",,,,"',,.,.....~~..." , . w ~ ~ ~ ~ ~ ~ ~ ;:; :": :": :": :": - :": :": 0; 0; Z:-:-i'"'l :8 ;; 00 ::; 0: - ;;; ;:; 0; <0 O-:.:~ ~. ~ ~ ~ 00 ~ ;;;;;;; '" " " " " ... ... " " ... ... " " " ~?~ >: ~ ~ ~ ~ ~ ~ ~ ~ '" ~ ~ 00 00 0 0 0 0 0 0 0 0 0 0 0 0 0 ~. " w '" '" 0 0 ;:; w ~ - 0 -.. '^ 00 -, '^ w 00 <>- v. 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'" U, ;;J ,", ~ 0 0 ;=0 0 0 '" 8 8 8 " ~ ~ , ~ ~ ~ ~ n " " 0 c ~ ~ ~ ~ ll:ll ~I I .1 n ~I . . . . 1\ ~' '" :!l ~ :!l " Pi n ::j ~ 3, ;> ;> ,~, iF " s . "1. if i'!o !:l . '" @ M " g g 0, ~. r: N W :);:.:. ~ '" '" 1:: )!:, ~. N ~ ~ ,0 ~ N N ~ ~, j:,;:- " ... '" ;;; ~. 0 00 ~ 12 " '" N ~. '" ~ a- ". N ~ 0 0 '" ~ ~ ., ~:~J~ ... " '" .8;: 00 0 0 o ~ o "T1 )> ;0 C m z :I: ;= r- '" Ill'" -. m ~ 0 m 0 "'z ~C 0'- e:!C "'r- ~-< "'"0 ~)> o -< ~;o ::"0 "'r- ar- ~ (') :I: m (') " '" C ~ m c o ::! !!! o '" .,,<ti ~ ~ = '!l: ~'" 0- ~ '" p ( . . . 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. 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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 . lJ C- o 0 0 OJ ~ 0 :E <D :E .2. 0- :::l (fl :::l Q.. <D Z <D () <D () 0 ~ :::l. """' -l . - (fl- "0 :s: ~. 0) z 0 cr (ll 0 :::l :::l C (ll CO 0) <D - ~ 0 :::l CD w I\) 0 ~ --.J 0 ;::;: 0 CO 0 '< :E (J1 I\) 0 :::l ...... lJ -n , }> G) 0 (ll I\) < """' ~ 0 <D 0- <D , 3 <D CO 0 :::l 0 ...... <D I -< 0 :::l ...... - :s: (fl (ll :::l (ll CO <D 3 <D :::l - lJ ~ 0 CO ~ "lJ (ll . '" 3 <D CD -n 0 S. ~ -"" I c: :::l - <D ~ (fl 0 0 c: ;:+ (ll :::l 0- ~ (ll 0- 0 :::l "'U (ll () <D . ~ ~ ~ w ~ ~ ~. OJ ~ " z ro '" i Q. '" " '" =i ii: " ro c >- ~ " ~ (J) "1 m I " '" . <;: "1 < '" I Q ,. I' c 'ii C ^ ~ m m m ~ m ro "' 3 '" I -< '" ,. " '" ,. Z c:; 0 z 3 ~ '" '" " 0 ro m ,. '" ,. 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I z 0 ~ ~ z ~ < r- ;j' m @ :' Z " ,. i 0 " 0 ~ ~ 2l m ~ ~ ~ ,. > ~ '" 6 ~ ~ " z z > '=< > 5 ~ z ~ 0 " ~ m ~ ~ ~ <;: '" ^ @" m 0 0 z ~ ~ ,. ,. 0 ~ 3 Z g -'" " , 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. ~ iJ :::";--....:=::,.-.L -o-~ , , ~_:~\o i -----j ! , ; ] ) [J Q o (] g Do ~ o 0 ~ [b i--~l ~. ~-_. ()o \:1 ., LJ. 5[1. '.,/1 -----I --(]"'-,-"\.II,~5.\";, 0<< ..' / : ...."..:,....i::.... ",' :," ..-.---.. --------- , .,.. "" -" ...- /-- .-_________\\, \.:,:::~--- i () '\"\\ (::: i, V - -~,.\ \\. ~\\ \:\ /'--- . ~\\\ LC2l\~ /::,\\ \:-;== . 8:1'" DC2 \. ----. -- ----"/ - 1 r- : k , ' .- ~\\"\ ;;\::. \ ";;9\ '. -, \ \ - - \ \ \ " \\ ... \ c o Q.'U"" If~^~; '::>o...~....., " .. tV as' o:! 0,'"""\ ~ '., ....J Ol I U z >. ~ ill ::J 0 >. OJ 2: ::J (j) m ~ 0 OJ ~ lL 0 Z 0 0. 0 'i' ill 2: OJ 0 Z 0 0 '" o o o '" , I w if), ~ 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 . . z () I- o o <I o ::3 Il :It () \') '. , ". :if: , ~~ ~~ >- :J -e-:=----- - g !!:i i! '1 h E II J j~ -" ;, H ,. -, ~J 1- 8] ~~ . 'i b~ ~ . 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NO. ~!f'sSE -E!~~Sh:h~IN~~';;OHcc ,~ ~ ~,,.... . ~\P,~~ : ;~ ;,ON;" INC. H \ " --.s LINE , . . . .,..- In", ... L_'-"'L EA Th be so di,: we SQ' EA Th Co NC DA 1 40 FEET INCH -,- -.- ~u c, - -, .o' r, -' ~ "' . .' " u. , L I - ~:'j- - - - ; - ,- - - f n .-- - <.: :~: I hereby certify ihat this survey. pion. or report was prepared by me or under my direct supervision and that 1 om 0 duly Registered Land Surveyor under thE' lows o e Stot .nnesota \ 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) . . . . , ' 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. . . . " 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 "- '--"(To';;' WolI) Area of 879.1" Area of Point on line/ --" \ Percent " '\ \ 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 / /886 1888 189 \ 892 \ 892.8)( 894 \ -r- /' Proposed 84.0 885.6 )( Proposed Elevation: Boat House Floor= (878.0) LOT 886.9 )( -x- Fence 0 1.5x1.5 Fence Post <:> Hydrant ~ Coniferous Tree 0 Plonter \ \ \ \ \ \ \ \ C) \ ~--\ ? ?cQ 888 ~ .y- '~S 0 \ \ 890 \ \ C\J \ \ 0) \ I OJ , / > (JI 886.6 886.6 )( \ \ \ \ 0,0- '001' \ \ \ \ o Scale: 1" =20' . Denotes Iron Monument FO\lnd o Denotes Iron Monument Set 1 6 895.1 )( 894.7 \ I I I I I / 1/ NOTE: Na Search Was Made For Any Easements. 76.76 --' 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 894.8 Cl.-gD.: )(~lJ 893.9 <:> Biturnir\OuS 894.9_ 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 . ;,;,.:,( :,v, e ,...",'" '-, ."-',";-;'" .. "''',',:.':..,'',:- ..../...1. :."1 -t.: ,.,,,":"""'. 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A~~' ;3dZ!1~ /5'6 q ~ J2:f ~ ,::;:2zu, ~ ~)f;V SS-//2- (d,5J) 10,33-'2,)70 . . -df~~Lb~~~~ '1 ftP-.<.~ ~ ~~~ "i 7g~-dA~ '"~.:Z ~'. .1J ft-" Pd,J..~;'; ~ ,..IV .fl-1'~ ,Z;I.L ~~/4Y 1 ~ aJ~. RECEIVED \ CIT~{U(~F ~R~~~~~LLS , - /] f ij~7/ / /// ~" b -Oc7L- L/ /; a~ ,4m~ . !h . ~ 4Z"',t- CYT~'~L i ~D,{"-1t~b~g//v,_rd .~id zL~J?/ dJ ~J ~L?~ /~ cc1/u'c1 d,j('p/~ ~kh;A': al- /pr:7,74~E"d"ZC-: /l'd2 /a t:h~~~,/;t"g;/~-< ;?;;) //2 ??0;! /d~~",~<- ~7 /~u5 c:7~~~~~p /e) ~C"~~---j#~ d ,;j //2, :7JL4~ , . . . ..' R~:~~-] 't~f ~ (~~(:rT/~~'., L~-" ' 11-' " .' "'j \1 [,,'\ I' :.......)/ .::.~) ,\. IJ'\..:\ ,,-'''',' "~,,, ;',.w' y' ',':' ':r"i"""'~',",' ),C,,, :,,,1, '. ,~"IL". ,-',ll" ""j 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 . . . . 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 . IRECEIVED I JUL 1 " 2002 I . I CITY Of ARDEN HiLL:;> ~~: c/ ~) ~~~ ~ ~ /tbl;~ ~ ~~~cR4eJ~fJ'~~ ~Jk0 Hu~JwrJ~~ yiJrl- 20-0 ~ (jV/<) /Lv ,k~ (Vdhl) ~ tuuzy) ard tJ~4 ~/ ffiJ w:fd:4/C/ a / ~~dUV~~~/~/L~ c/~ /dh a uIad ~cu. ~KJ~~dU'd-J ~ A'~/ ~ ~ ea~ cA~ ~~ md/jdo/ ~J ~~~ ~qu-PU~ vtfue~~ &tj~. . 15vA"/' / !oJ; "'",'0 'i'f/J; /)1"",,J $'Z"/ <WV <I,/u/;Y;:Zj /ko,/<J './,/ d/' , ~ Jad~ - ../', j dY'~ 9"f'" ;;l/f'iJ l;!~ ~~J!l~ . . . 15<tl E4gcwater AvenUe ArdenHiHs;MN 55tH 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 . . {;k~ F~ .,D~-l';;;l ~~~<~.~'S Cd; (f ~~ I~ IQ " ~~.~~~~ ~& ~ -4o-c~ ~4-~ =<-, ~ r~~~ f7~~ .~_~ j9~. Q~.... ~'.' --? /J n./ ~ ~ v/;~-<-- tf~--jJCJ~ ~7 ~~ ~ ~ ~~ 3SD~ /t-~ A~fY~~.~~,--r ~ ~ ~~ r;/' ~ x-a-<-GJ ~ ~~ F~~ ~Q ~~ ~~ T~ ~~ &~'- ~~ ~~ ~ ~9 ~'- ~~~~,/~~~~ ~ uc ~~/ ~ Cd P1/1 ~ 'Gke ~-t ~~ ~., ~~~~jJ~~ ~) ~~C&o ~ I?~:p;;' ~ r~w"cLr C4<LJ~--~-~ ~~ ~ Clsr~~ ~U-7~_~ &~ fVu'-~d-~~h~ I RECEIVED JUL 1 6 2002 I CITY Of ARDEN 111LLS .~J;; <A-c <~ .~~ G ~ '< ~~~~ . " ~;:~J 8+ /S~/ ~ ILch I~/~.( ~-- ~:s II L b:!;1 ~? 3? -go ct:;- . . \ RECEIVED JUL 1 6 2.00l ! CITY O~EN HILLS ~:Z;7;;;/:;;L r7 /:;; ~O 0 ~2- . . tlCVL-o-/1J ~~Jv -r:'7 fl~,,~ '/<2:; 1P-/ /7. c -:7 ~ b." / ;/ ~fU UJdt-u l.;:zq,s- ").J ""/ 0 , ~r. U\l-&u-y, I b C~~,A/J!.u 'Yh f} ./ /' ,? I ~~I/:2- ;O.~L. 7)2.,. /1.-. ' I --t.' _ r-~uc,,\/ ._~ / W ~ AUt~71'~' " / , L5f ~d, U Z~~r'~....&L /.L1UJ:..- . :r-, '!l u' , '2<-/L.yru.L~-L /c:c ~,,' ,/2' _ ~' I 7 J 7' '7 . <:r~-'~z: Dj..~ /~/L,ttj/L.'fUL~...<AJ Ci:. ,Jdc7~li Lde. C~j/~ /d,Al--a:.JL k, ".u.L~ f/r)-/..L!l14~.Y~l '~.0 t)~c[ :lie. fia/e~/ ,J (I. P-/ :i / ~ I J ~ - i) _ /........ '1 ~ j /,,;;z'/{/crf&YVLiYl4:..-1 CZ4w-l- o--Vu.u .w/}/~{ i'w.lU,./o_~..j.4--c[. . h.zy...u.~ l'\!kU~L. P~.~ 1" I' .~&.Ll..e... ~Cf-~/ft...?--?J/ c-v ~/.......... d~ " y.f ' - /l 1/, , . .'::::L' (/',' , I 1/ f.J;z-;u--, YU,0tJ.dAyUCLj ~dL~7 77~6~.r&~ //I~cA.-~ j~-kg.',ty ([/l-/t...u.-, s4,,~ 1; ~t-'L.~~ tJ d,/~;t;Iuj~~ I rJ J5"" .d~;1-CL' ~/(~tA..k..- M_~ ~/'L/~0. ~ ' ' I I . ,,' " 6 L . L ' . I /' ',_ ------,...--_', :/ _ /~L :c~ ',\;;:-6 a,d LVA/~ /l., a' -<!/ (0 ;1..e,;:t.~ '~:t";,,,,~, / a.... u' i/ ~~e_ '..C. , - /". y",. . .-!./ .AJ' .,--r-, ~ C.4~()' do ,;y.0~ A/~~/ Zd'f!.a/..-Ip~~~~ ~/,' y , ~;;J.. '-CR~tL.l.A.....f '-~/JH-L.~<L/.' -. ~-~. .' /:J1t~ :(f~/ ;f)~L- /J :/ 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 . . . : . II I I ~ .II. " . " [:L c ..2 a. ~~ o --I ... .. . '" L ~ .c l:! .. :s s: CD .c Gl ':'UE N s: .. g I! !!l Gl! i III .. 1Il.il! U III III Ill..'l:l s: .c s: .- III III c._ ... s: Gl lI) .!! z s: ll. .c III 'C .- oll) Z z '+- 0 - 0 z ~ <<l Q) ~ Q) LL CD 0 - 0 0 Z N ~ o o <D o o o <D ~ C/) ~ /. . . //11/01 11-31 Page 3/.. / Description of Reques! (also inclu~e 3 etter explained the prOject: WJ-. ~ ;6 ~ 0-. "",..".t...~ ~ ~ ~~I~""f'.";"'~~ tL.:l--~""JW'L-)d~~ A~_~~~~ ~_ Ik~~~~_r>d~~ ~~ffi~iE:;E/~ . ~:f:;-;:::t~~ -- -~ A~ L~;t:i:l~~Ji ~{::; {; P t; ~~- 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. \P~e2of3 Sign Location . Sign Location J N I . - .. - ~ ~ OWl -'-~-- . -g tii_ l: .. -l: E.. .2 a. =(ij >-l: =0 ll!u if Eo ~ 0- -0- l: .. 0- ~a ~~ -.. w.. 0" w" ....::0 N ~ ~ '" "0 .. ., .~ a:: N o ~ ~ ~ ;:n ., - .c Ol ".. J: l: ~ .. .c 1:: o Z Co . 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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 --=rl L \ \~ (t I .~ I I .,: "l~r~ . '1/~ I I- . .... t ,I , Q) 1~I_n.L 0 I~I I I __, 8g, 1_ oj I. r ( I I g -II ~ ; . ' ~ ~ ~~ -~ ~ \:c> \\\ .lil iI ~ - :::l Q) (j) Q) ..... u.. 0 - 0 0 0 z CD (1J :2: Q) - 0 z 0 0 C') (f) H C U4 H ~ 0 ~ .- c.. Z r:/J ... '" ~ ~2 ~ 0 ~ -I CII II "" III C ... ._ III N 1: 'C i:~ CII 1Il.lll In In II .- III ~...! III 1l CII ceCIl ._ III C.lll'l! c II III III III >. ii: l! CII 1l lii . r~nJL :2 tf,;)DQ rf.~ ~ c3fJ'~'Ll~ ./a% w~ jJr..':~ ... 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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). . . ~ ~ 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 . . . 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 . . . . 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. . . . . . 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 ~ I ------------~I , ~ ~- lEI] i]l)lii]~L. VPlie fi]~i]IO Q) Q) LL o o (0 o o C') o o o C') - o '0 z co :2: Q) - o Z . \.f) ~ c: ~ 0 ..- a.. z C/) 4-1(0 ~ ~:E ~ . 0 ...J .. i E Go ell .0: 0 ":' .. 'i N III ,. o ll. GI 'II: GlICl S U ~ ca == c uo:) ell"" c: - GI .. l! c: c: GI c: c: E III III - _wll. ll. .. Go ~ c3 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 . . . J'l'l 'SHO~ 'lV3H ~ SH3G'lIIlH Ii\IIi\IVH~ - 23 O'VOtJ AlNnO:) I N'v'Id 31-IS 3ldlAJ IS )lHV d 33I~~O a~VH3W3 . . . ,i , I i~ en ~ ~- ~ i ~ ~ il ~ > i ,~~ :z [= ti3 I!~~ IP .'" t'" i~g i.= ~ r~ ~ II ~ ('1 ~ "':l > ~ 'I ~ lJ J i i I '1 1'- t >t'!'j a~ g ~ g~ Jl ~ ~~ _. ::: 0 ~ ~ rn ~ $?.~ ~ n t'!'j ~ > ~ ~ J / '1,- " J~ ~ ~ ~ ~'1 ~ t:d ~~~ 0 ~ '"" "'. ~ b '" n t:f.l o t'tZ v "'~ t""" tr:l h~ n ~=,~ ~ ;.. : ~ ;x:l > ~ '" (j Z ~ > y -I ::c- , z . - OJ -: z '-i PJo :.. ~ tI1 > .01 '" ~ (j '" . >-J 0 ~ rn; ~=t ~ '"rj ~ c ..., ! " '"rj r 0 0 ;>j "tl ~ r ~ ~ f , , t11 " '; r J ~ c g ~ T C ~ . ;= F 1- c: c , ~ IJl ~ ~ c , ~. '"rj r o o ;>j "tl r ~ . . (' .1' ~~ ~a: ~~ v~ ~ ~~ 5 0 (1l ~O ~ ~ ~ ~ ("j ~ ~ > ~ ::0 C ~ C (l> s. 0 s. ~ .... t:I .... 0\ ... .... t!1 m ~ ~ l>l l>l J tt. tt. 15 0 t:I II I C c 1 s. s. ... .... to.) VI ?t'rj C C ~~ J:l ::l ~ -. e. .... ~~ ~ .... V) ~ ~ ~o -. ::l 0 ::l (1l ~ (/J 0 ~ .... ~ ~ c c ('1 e. e. ~ .... .... V) ~ ~ > ~ ~ e . I !I ~ Q I i ~ t:1 ~~ ~ ~. ~ 8 go ... i~~ I~~ rg IS~~ "Ft"" tl; >: (l> ~ I'~ ~. .....- l>l ('j ~ ~ ~ 0 ~ P J . I I I .dU el..~t:C ';'~.~ 0 ~ ~ v. a::o ..... "'g C 8 ~ '% JI.l ~t:t'd t:I .... _. VI .... nG; to.) ~ :::I' ~ ~ >- :< ~ o;.i ~ "':z: (")" ~I ~ c c , ~ - J:l S. .. " -. .... ~ .... OJ .... '" " .... 0\ 'i:J "''' '" ~ ~ ; ~; . >-l 0 ~ (/J n - ~=t ~ . I': i I e . e ..........- . . 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. . . . ~ ~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 . . . 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 . . . Exhibit A: Subdivision Rel!:nlations Modifications Ordinance #340 Page 2 . . . 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 . . . 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 . . . 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 . . . 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. 11- 4 Public Hearing Draft . . . City of Arden Hills Chapter 11 Snbdivisions 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. 11- 5 Public Hearing Draft . . . City of Arden Hills C. Chapter 11 Subdivisions 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. 11 - 6 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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 11 -7 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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 11- 8 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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. 11- 9 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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: 11 -10 Public Hearing Draft City of Arden Hills Chapter 11 Subdivisions . 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 . 11-11 Pnblic Hearing Draft . . . City of Arden Hills Chapter 11 Snbdivisions 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 11-12 Public Hearing Draft City of Arden Hills . . . Chapter 11 Snbdivisions 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: 11-13 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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; 11 - 14 Public Hearing Draft . . . City of Arden Hills Chapter 11 Snbdivisions 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 11 - 15 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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 11 -16 Pnblic Hearing Draft . . . City of Arden Hills Chapter 11 Snbdivisions 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. 11-17 Pnblic Hearing Draft . . . City of Arden Hills Chapter 11 Snbdivisions 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 11 - 18 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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. I] - 19 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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. 11 - 20 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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, 11 - 21 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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; 11 - 22 Public Hearing Draft . . . City of Arden Hills Chapter 11 Snbdivisions 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. 11-23 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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. 11 - 24 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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 11 - 25 Public Hearing Draft . . . City of Arden Hills Chapter 11 Subdivisions 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. 11 - 26 Pnblic Hearing Draft . . . 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 . . . 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. 11 - 28 Pnblic Hearing Draft City of Arden Hills Chapter 11 Subdivisions . 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 . 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. 11 - 30 Public Hearing Draft . . . 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 Public Hearing Draft . . . 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. 11 - 32 Public Hearing Draft . . . 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 11 - 33 Public Hearing Draft . . . 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. 11 - 34 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: 11 - 35 Pnblic Hearing Draft . . . 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. 11 - 36 Public Hearing Draft . . . 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. 11 - 37 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 11 - 38 Public Hearing Draft . . . 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 . . . 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. 11 - 40 Public Hearing Draft . . . 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 . . . 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 . . . 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 . . . 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 . . . 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 . . . 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 . . . 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 . . . 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 . . . 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 . . . 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 . . . 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 . . . 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 . . . ~ ~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 . . . 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 . 2 e . e ~ 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 . . . 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 . . . 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 . . . A me W-NlfFI C I/Z 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, /' .