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HomeMy WebLinkAboutCCP 07-28-2003 ( I J Mayor: ~ 1245 W. Highway 96 . Beverly Aplikowski ~HILLS Arden HiDs, Minnesota 55112 Councilmembers: 651.634.5120 David Grant Arden Hills City Council Brenda Holden Gregg Larson REGULAR Lois Rem MEETING Monday, July 28, 2003 City Vision A strong community that values our unique enviromnent, our fiscal soundness, and our tradition as a desirable city in which to live, work, and play. Agenda City Council Meeting Convenes 7:00 PM Call to Order PLEDGE OF ALLEGIANCE 1. AGENDA 2. MINUTES . A. Council Meeting July 14, 2003 B. Council Work Session July 21, 2003 3. CONSENT CALENDAR Those items listed under the Consent Calendar are A. Claims aud Payroll considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar fonnat. B. Resolution No. 03-52: Approving the New There will be no separate discussion of these items, Use of Tax Forfeited Lands unless a Council Member so requests, in which event, the item will be removed from the general order of business and considered separately in its nonnal sequence on the agenda. 4. PUBLIC INQUlRIESIINFORMATIONAL PnhIic InquirieslInformational is an opportunity for A. 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 documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. 5. PUBLIC HEARINGS 6. COMMUNITY SERVICES A. Planning Case No. 03-16: Dobratz Variance B. Planning Case No. 03-17: Beaudry Variance 7. OPERATIONS & MAINTENANCE A. Karth Lake: Permanent Pnmping Option i. Presentation (URS) ii. Neighborhood Resident Comments iii. City Council Consideration/Approval B. Femwood Pond Drainage Easement C. CUIl1mings Park Shelter Design 8. ADMINISTRATION A. City Hall Building Update B. Ordinance No. 344: Amending Chapter 5 ( Alcoholic Beverages) C. Resolution No. 03-53: opposing Certain Portions of the Minnesota Personal Protection Act D. Administrator Update CITY COUNCIL REPORTS A. Councilmember Holden B. Councilmember Larson B. Councilmember Rem C. Councilmember Grant D. Mayor Aplikowski Arden Hills City Council Agenda July 28, 2003 Page 2 l \ Aaron Parrish Peter Hellegers Peter Hellegers Thomas J. Moore Thomas J. Moore and Greg Brown Aaron Parrish Peter Hellegers Aaron Parrish Jerry Filla Cynthia Young Cynthia Young Harry Brull/PDI r Arden Hills City Council Agenda July 28, 2003 . Page 3 JIpCOmin2 Meetin2s and Events Wednesday July 30 Newsletter City Hall 7 :00 a.m. Committee Monday August 4 City Council City Hall 7:00 p.m. Special TCCAP Planning Tuesday August 5 CRR/TCAAP City Hall 10:30 a.m. Development Team Wednesday August 6 Planning City Hall 7:00 p.m. Commission Monday August 18 Council Work City Hall 4:45 p.m. Session Monday August 25 City Council City Hall 7:00 p.m. Tuesday August 26 CRR/TCAAP City Hall 10:30 a.m. Development fe Team Tuesday August 26 Parks, Trails, City Hall 7:00 p.m. and Recreation Committee Wednesday August 27 Newsletter City Hall 7:00 a.m. Committee Monday September 1 LABOR DAY CITY HALL - CLOSED IN OBSERVANCE OF LABOR DAY Tuesday September 30 Neighborhood TED 7:30 p.m. Meeting - Precinct 1 Tuesday October 7 Neighborhood TED 7:30 p.m. Meeting - Precinct 2 Tuesday October 21 Neighborhood TED 7:30 p.m. Meeting - Itt Precinct 3 Tuesday October 28 Neighborhood TBD 7:30 p.m. Meeting - Precinct 4 . ~ ~~HILLS MEETING MINUTES DRAFT CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 14, 2003, 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order the regular City Council meeting at 7:04 p.rn. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Brenda Holden, and Lois Rem. . Absent: Councilmember Gregg Larson. Also present were Interim City AdministratorlDirector of Community Services, Aaron Parrish; Deputy Clerk/Human Resources Director, Cynthia Young; Operations and Maintenance Director, Thomas 1. Moore; City Engineer, Nick Landwer; Recreational Program Supervisor, Michelle Olson; City Planner, Pete Hellegers; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA Councilmember Holden requested item 8A be moved before item 7 A. MOTION: Councilmember Rem moved and Councilmember Grant seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (4-0). . 2. APPROVAL OF MINUTES A. June 30, 2003 Council Meeting ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES ruL Y 14, 2003 2 . Councilmember Grant requested the following changes: None. Councilmember Rem requested the following changes: Page 3, middle of page change "Hearing none" to "there being no comments from the public" Councilmember Holden requested the following changes: None. Mayor Aplikowski requested the following changes: None. Mr. Parrish requested the following changes: None. MOTION: Councilmember Holden moved and Councilmember Rem seconded a motion to approve the June 30, 2003 City Council Meeting Minutes as amended. The motion carried unanimously (4-0). 3. CONSENT CALENDAR . a. Claims and Payroll b. 2003 PMP: Karth Lake East and Ingerson Neighborhood - Payment #1 c. Resolution No. 03-51: Supporting Ramsey County Efforts to Secure Resources for an Upgraded Communication System d. Director of Community Services Step Increase MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 4. PUBLIC INQUlRIES/INFORMATIONAL Representative Char Samuelson updated the Council on the recent Legislative activities. 5. PUBLIC HEARINGS None. . . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 14,2003 3 6. COMMUNITY SERVICES A. Planning Case No. 00-01: Bethel Trail Easement Mr. Hellegers stated the applicant was requesting the approval of a revised trail easement through the Bethel athletic complex. He noted the City Council had previously approved, with conditions, the Special Use Permit Amendment (Master Plan) and Site Plan approval for the Bethel athletic complex. Councilmember Grant asked why the plan was designed to take a jog instead of running in a straight line. Mr. Bruce Kunkel, Bethel College Vice President Student Services, replied the jog in the trail was implemented to go around a catch basin. Councilmember Grant asked if the City would be able to put signage along the trail. Mr. Kunkel replied they would add signage. Councilmember Holden asked what changes were being made to the Comprehensive Plan with this proposal. Mr. Hellegers replied that on the Park Plan, the trail linked back to Old Highway 10, the trail would run through the Bethel athletic complex and provide a connection to the crosswalk at Old Highway 10, but he did not believe that it changed the overall trail or park plan. He noted the Operations & Maintenance staff had no problems with the design. The Council had a discussion regarding the trail easement being maintained by the City and there was no disagreement with this concept. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion Planning Case No. 00-01: Bethel Trail Easement. The motion carried unanimously (4-0). ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 14,2003 4 . 8. ADMINISTRATION A. Administrator Update Harry Brull, PDI updated the Council on the City Administrator position candidate. Councilmember Rem stated she would like to put together an offer for Ms. Wolfe. Councilmember Holden stated she would also like to put together an offer. Mayor Aplikowski expressed concern regarding the financial offer and Ms. Wolfe's interview process. Councilmember Grant stated he would like to move forward with Ms. Wolfe, however he was hesitant because Mayor Aplikowski expressed reservations and Councilmember Larson was absent from the meeting. . Mayor Aplikowski recommended postponing this until the next Council Work Session on July 21, 2003 for further discussion when the full Council was present. 7. OPERATIONS AND MAINTENANCE A. Karth Lake Pumpinl!: Update Mr. Moore stated the reason for the meeting was because the residents wanted to get together to talk about the Karth Lake water level. He indicated no decisions had been made and that this meeting was an opportunity for the residents to express their thoughts. Mr. Landwer presented and summarized three options for dealing with the Karth Lake high water issue. Mr. Parrish stated that a Neighborhood Lake Improvement District could be created and if they wanted to pursue that option, staff would provide the . information to the residents. He indicated they had invited various Governmental agencies to this meeting and a representative of the DNR was present tonight. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 14, 2003 5 Mr. Parrish read into the record the following letters and e-mail the City had received: E-mail dated July 14, 2003 from Steve Hobbs, Administrator, Rice Creek Watershed District. As we discussed on the phone today, the Rice Creek Watershed District (RCWD) is very interested in assisting Arden Hills in developing a long-term solution to the Karth Lake issue. I have heard from a variety of landowners in the area, all with genuine concerns. I thought it might help if! could present the RCWD's position on the matter. Let me begin with saying that the RCWD's responsibility and jurisdiction centers on the quality and quantity of the water entering Rice Creek. Given that Valentine Lake (the lake we stated last year could be used to receive water from Karth Lake) can accommodate an increase in volume (within certain restrictions) and given that the water quality of Karth Lake is quite good, the primary concerns of the RCWD can be addressed. However, given that landowners in the area have stated that their property was negatively affected by the previous pumping to water from Karth Lake, we want to be certain, as I'm sure the City does as well, that any action to solve one problem does not, inadvertently, cause another. We would be happy to work with Arden Hills toward exploring all of the possible alternatives for a comprehensive solution to higher water levels in Karth Lake. We are willing to assist however we can with the hope that we can arrive at a solution there serves the environmental and economical needs of your community and one that weighs the cost versus the benefits of any proposed solution. Thank you for working with the RCWD and please do not hesitate to call if you have any questions. Letter from Paulina W. Li dated June 6, 2003: I am writing to ask City officials to revisit the high water problem ofKarth Lake. Thanks to a dry winter season, the lake water level looked good. Now that spring is here, after a couple of recent rainfalls, we gained back quite a bit of the water that was pumped out last fall. One week in May alone the water level went up several inches when we had only less than an inch of rain because of all the street run-offs. At this rate, we will be back to where it was last year in a very short time. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JUL Y 14, 2003 6 . During your visit to our house last fall, you saw we lost a great big more than 100- year old oak tree from shoreline erosion. Many more majestic oak trees along north side of the lake and those across the lake Cummings Park side will soon be sitting in the water again. They will either drown or fall, if water levels are allowed to rise. We need to do whatever we can to preserve the natural scenery for our next generation and beyond. According to DNR and the Watershed District, shoreline erosion is a big problem for the lake environment, and you agreed to that. You have assured me that you will not let this problem go unresolved. And it will not go away. All the constructions in the neighborhood, most recently those townhomes across Lexington Avenue, added so much hard surfaces that do not absorb rainwater. The run-off all ends up in Karth Lake. The level of water in the lake therefore no longer goes up and down following natural cycles. Ramsey County has indicated that they are building a water holding reservoir north of Highway 96. If Arden Hills need to pump Karth Lake water to this . facility, they can plan to increase the size to accommodate the need. I recall seeing pipes going across Amble Drive heading to that direction in 1986 before we built our home. That should still be a good option to avoid causing problems for our neighbors such as we realized last fall. Please share our concerns with the members of City Council and help up resolve this ever-present problem. Sincerely, Letter from Carol Jacobsen, 1295 Wyncrest Court, dated July 11,2003: It is my understanding that the water level of Karth Lake has again come into question and the Arden Hills City Council will be reviewing facts regarding the possibility of pumping Karth Lake. I am relatively certain that most of you remember me from the City Council meetings last October. I am the resident at 1295 Wyncrest Court who sustained damages as a result of the pumping last year. The purpose of this letter is, of course, to reiterate what occurred last year so as to assure that I am not again harmed by the City's actions. Last fall, for the first time in 18+ years of home ownership at 1295 Wyncrest Court in Arden Hills, I experienced water and moisture issues. On or about . October 11, 2002, only days after the commencement of pumping Karth Lake I awoke to a strong odor in the lower level of my home, an odor that I assume was that of "wet clay". On October 12,2002, I awoke to find two sheet rocked walls in . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 14,2003 7 my lower level damp to the touch and a much more significant odor. The problem intensified in the days that followed. I immediately contacted the City of Arden Hills and was advised that pumps had been put in place to pump Karth Lake and that approximately 15 million gallons of water would be drained through the storm system on Wyncrest Court. I was further advised that the only way to stop the pumping was by decision of the City Council. I waited several days to attend a Council meeting. As most of you will probably recall, I literally pleaded with the Councilmembers to cease the pumping. Unfortunately, the pumping was not discontinued, but rather the flow was decreased to one-half of its then current rate. Approximately three days after the pumping was decreased, the moisture in my lower level decreased significantly and the intense order dissipated. What remained was a strong odor of dampness, which was something I had never before encountered in 18+ years of residence, and a yard that was less saturated than days earlier. During the time that the water was being pumped, my lawn and yard were saturated. Approximately five to six days after the pumping was completely discontinued, my yard dried up. After days of requesting that the storm system line in front of my home be tested, this finally occurred; however, it was not done until the pumping had been decreased to one-half flow. I was then told that nothing "significant" was noted. I'm not certain what nothing significant means to someone else, but to a homeowner with water damage occurring right before one's eyes, the word "significant" takes on an entirely new meaning. As you may or may not be aware, my property is at the "T" in the road of Wyncrest Court and Wyncrest Lane. My property is also at the first visible drop in elevation from the location where the water entered the Wyncrest Court storm system. In speaking with other Wyncrest Court residents last fall when the pumping was occurring, a number of residents indicated that their yards were much wetter than usual, that their sump pumps were running constantly and/or that they were running more than one dehumidifier. One resident, Navin Jaipuriyar, residing at 1330 Wynridge Drive, indicated that he too was experiencing water and moisture issues since the commencement of the pumping. He came to speak before the Council at one of the Council meetings, but told me later that he was from India, and was not familiar or comfortable with speaking in public and, therefore, could not say much. It is interesting to note that Mr. Jaipuriyar's residence is located at the other "T" in the path of the water flow. This "T" is at the intersection ofWyncrest Court and Wynridge Drive. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 14,2003 8 . I have recently been in touch with both the DNR and the Rice Creek Watershed District. I have been told by both that there are certainly other avenues for pumping, rather than utilizing the storm system on Wyncrest Court should the City decide that it was necessary to lower the level of Karth Lake. In talking with Steve Hobbs, the District Administrator of the Rice Creek Watershed District, I was advised that he was not certain that the situation warranted pumping at this time, and again, stated that there are certainly other avenues available for pumping. Please understand that the avenue of pumping used previously is not a solution to altering the water level of Karth Lake. If there is an issue that needs resolution, an appropriate resolution must be determined, but it is critical that this resolution is not simply removing a problem from one area and creating a problem elsewhere. During the last City Council meeting regarding this issue, there were residents of Wyncrest Court who indicated that they were adamantly opposed to using their storm sewer system for reducing the water level of Karth Lake. There were residents of Amble Road who stated if the pumping was to occur, they felt that the . cost of the pumping should be incurred by the residents of Karth Lake. There were other residents who lived on Karth Lake, who were adamant that the lake should not be pumped. Some of these residents indicated that they had lived on the lake for many years and that the water levels were much higher than they were last fall. They stated that the trees that some of the residents were attempting to save had experienced these water levels in the past. They further stated that they had actually motored around these trees in their boats in previous years. Several other residents who stated that they were very vocal in favor of having the lake pumped approached me to sincerely apologize for placing their problems at my doorstep, indicating that was never their intent. It is no one's desire that the homes around Karth Lake incur water damage. However, it must be determined whether pumping the lake is the appropriate solution to this matter or if there is a better solution. A number of the Karth Lake residents maintained that run off from new developments had increased the level of the lake. Is this correct? If so, is there a solution? In talking with Steve Hobbs of the Rice Creek Watershed District, I was advised that we have incurred a heavier rainfall in the past ten years than ever before recorded. Mr. Hobbs further indicated that even a small amount of water seeping into the ground from the . storm system on Wyncrest Court could present a problem when everyone's property is saturated. It is important to understand throughout this process that we are all experiencing significant level of rainfall. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JUL Y 14, 2003 9 In making a decision regarding the necessity to pump, one must look at what is actually being affected by the water levels. Does lake living in Minnesota entail the fluctuation of water levels which traditionally affect one's dock or one's trees? If on the other hand, the water levels are directly affecting one's home, and a decision is made by the City to pump the water, an appropriate avenue for the removal of the water must then be determined. Last year the City of Arden Hills made a decision to pump Karth Lake utilizing the storm system on Wyncrest Court. This system had been previously untested for the approximate 15 million gallons of water the City intended to pump. I was harmed by this decision. I cannot allow this to reoccur. Please be advised that should the City make a decision to pump Karth Lake utilizing the storm system on Wyncrest, Court, I will take every legal avenue available to me to cease such action and any costs incurred therein will be passed onto the City. (I have been advised by legal counsel that I am entitled to pursue an injunction as well as any costs related to same should this situation reoccur.) Should it become necessary to obtain a thorough inspection of the storm system in front of my dwelling from an independent engineering firm, this cost will also be passed on to the City. If it becomes necessary to pursue formal legal action in this matter, I will pursue all claims and damages to which I am entitled. Sincerely, Councilmember Holden asked how long, time wise, the temporary solution was good for. Mr. Landwer replied their intent last year was for a month of pumping. Mayor Aplikowski opened the Public Hearing at 8:25 p.m. Mike Enz, 1228 Karth Lake Drive, stated he would like to hear from the DNR representative. Travis Germundson, DNR Hydrologist for Ramsey and Washington Counties, stated they were not encouraging the City to pursue or not pursue this project because the City would have to apply for a permit from the State. He stated they were not for or against this project, but wanted to hear input from the residents. He stated they had no problem issuing a permit, but they did not want to continue temporary permits. He stated they wanted something permanent constructed on the basin, even if the pumping would be temporary. He stated he ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 14, 2003 10 . had received complaints from many residents over the past year in both Ramsey and Washington County regarding high water level on lakes. He noted the Karth Lake problem was not unique and it was not uncommon for basins to have erosion problems. Ron Hagkull, 1289 Karth Lake Circle, asked if Mr. Germundson was aware of any situations where a lake was not provided with any means for an outlet by a developer. Mr. Germundson replied he did know of a lake where this had occurred. Mr. Hagkull stated he believed this was an oversight to not provide any outlet on the developer's part. He asked why the City would only consider landowners directly situated on the lake for assessments, when other residents were contributing to the problem as well. He stated this issue involved a lot more residents than those around the lake. He asked if businesses and other businesses to the north also contributed to this. . Mr. Landwer replied a little bit of CSM went to the lake, but the other businesses drained along Fernwood. Councilmember Holden asked which development phase Mr. Hagkull referred to. Mr. Hagkull replied the development occurred in the 1970's. He stated the developer did not look at future development when they were building this area. Carol Jacobson, 1295 Wyncrest Court, stated her property was damaged by the pumping last time and asked why this was the preferred method for lowering the water level. She indicated she believed her water issues were a direct result of the previous pumping. She noted she did not want to be a victim of the pumping. Mr. Germundson replied this was in the realm of Rice Creek Watershed District and they had concerns about the capacity and the ability of Sunfish Lake to receive those waters. He noted it was the recommendation of Rice Creek Watershed District to pump it to Valentine Lake and not the DNR's recommendation. He . stated the DNR did not directly recommend to the City that they pumped the way they did the last time. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 14, 2003 II Council member Rem stated she had talked to the Administrator of Rice Creek Watershed District and his comments were that if the City would be coming back asking for a permanent solution, Rice Creek would need to be involved and it would be looked at differently as a permanent solution than they had looked at as a temporary solution. Mr. Landwer replied Rice Creek Watershed would need to look at this in more depth if it was a permanent solution. Bert Nienaber, 1160 Amble Drive, asked if the permanent solution was a one- time cost. He asked what the maintenance cost involved with the permanent solution was. Mr. Landwer replied the maintenance cost involved would be minimal compared to a temporary station. He stated the maintenance and labor for a permanent solution was a couple of hours to pull and put the pump in as needed and the electrical costs involved. He stated the temporary solution was more labor intensive. Pam Enz, 1228 Karth Lake Drive, stated they had lost three mature oaks and five poplar trees. Their neighbors had also lost five large oaks. She stated she had moved into the area because of the trees and therefore there was a tax cost to the City and to say under Option I there was no cost to the City was inaccurate. She stated if the trees were not around, the wildlife would also not be around. Susan Johnson, 1220 Karth Lake Drive, thanked Council for having the meeting. She stated she lived closest to the lake and her retaining wall was collapsing. She noted her home was four feet away from the retaining wall. She indicated she had imminent property damage. She stated she was looking at $10,000 to $20,000 to reinforce her home so it did not fall into the lake. She indicated the lake was historically high because her 100-year old trees died. She noted this was impacting the quality of everyone around the lake. She stated she personally would be happy to pay more in taxes because of the cost she was going to incur anyway. She stated it would only get worse because of the increase of development. She indicated temporary solutions did not seem to be the answer at this point and the cost differential between the two solutions made a permanent solution much more desirable. She asked as a community that they come together and look at ways to find a solution to this problem. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 14, 2003 12 . Mayor Aplikowski asked what her lake front property footage was. Ms. Johnson replied they had 20 feet more ofland to where the lake was then as to where the home was. She stated they had bought the home 12 years ago and knew the previous owners and in the 23 years since the home was built, the water had never been this high. She noted the water had never threatened their home before last year and this was unprecedented in the 23 years since she has known that property. She noted the lake was getting larger and larger. Mike Enz, 1128 Karth Lake Drive, stated he just spent $10,000 this summer to correct the damage from last summer. He asked why the City did not run the water by the water tower as an option last year. He stated he was in favor of a permanent solution and be believed the issue was the financial impact and the possible assessment being requested of the residents. He asked why it was good for additional businesses to come into the community. Mayor Aplikowski replied it was for the services those businesses provide to its residents. . Mr. Enz stated there was only one reason a City was encouraging business to come to the City and that was money. He stated he did not know why a City would encourage this unless it benefited the residents by lowering their taxes. He stated they did not have many lakes in the City and it was up to the City to help with a solution. He indicated he wanted the businesses to be included in this solution as well. Art Bourgeois, 1168 Amble Drive, asked how many homes and what level of assessment might be involved. Mr. Parrish replied they did not have this information. There were many options they could look at. Currently they were looking at the issue as to whether they should pump or not to pump, and then they would look at financing. Mr. Bourgeois pointed out that the residents could not make any decisions if they did not know how much it would cost them. . . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 14,2003 13 Mayor Aplikowski stated they were not in a position to answer this at this time and once a solution was made there would be another meeting to discuss the financing ofthe project. She stated it appeared that residents wanted a permanent solution at this time, as long as it did not impact other residents, as well as to look at the possibility of assessing other property owners not directly on the lake. Pam Enz, 1228 Karth Lake Drive, stated this was an urgent issue for the residents along the lake. She stated she worried about the Johnson property, as well as the other residents who were losing their property. She urged the City to speed this decision up. She stated she would volunteer her time because she was very seriously concerned about this issue. Councilmember Holden asked if there was anyone along the lake who did not want to pump. Eleanor Hartmark, 1280 West Highway 96, stated she was on the extreme end of Karth Lake and has lived on the lake for 46 years. She presented a historical perspective on the lake levels in the 46 years she has lived there. Linda Amble, 1219 West Amble Road, asked if there was a catch basin on Lexington Avenue so 23 percent of the runoff did not come from Shoreview. Mr. Landwer replied it drained to a wetland on the east side of Lexington, but now there was a new development and water detention ponds were built to slow it down. Ms. Amble asked why there could not be two or three solutions instead of one and asked why if Shoreview would contribute financially also. Ann Layton, 1108 Amble Drive, expressed concerns about draining beyond the high water mark. She noted in the four years she has lived there, there was a lot of fluctuation in the lake level. She asked for a balance to the pumping. Mayor Aplikowski asked Ms. Johnson how far her home was from the high water mark. Ms. Johnson replied the front of her house was 50 feet from the high water mark. She now had four feet from her home. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 14, 2003 14 . Mr. Parrish pointed out that today's setback could be different from what the setback requirements were 10 or 20 years ago. Councilmember Holden asked if they were at risk of flooding the other lakes by pumping Karth Lake. Mr. Landwer replied if there were flooding risks, they could stop the pumping. He noted they would work with the DNR when to trigger the pumping to start. He indicated they would not pump down below the high water level mark. He stated the down street impacts to Valentine Lake would be monitored. He noted when they pumped last year there was no noticeable difference to Valentine Lake. He stated Valentine Lake had a good outlet. He noted the City would have flexibility with their pumping of Karth Lake. He indicated there would be a seasonal elevation matrix they would follow for pumping. Art Larson, 1180 Karth Lake Drive, stated his home was about 30 feet up so he was not worried about flooding, but he did agree there was a problem with the water level on the lake, and he did not have a problem contributing to the solution. He thanked the Council for what they were doing. . Mayor Aplikowski closed the Public Hearing at 9:12 p.m. Mr. Moore thanked the residents for coming tonight. He noted the minutes of the meeting would be posted on the website and if any residents wanted a copy of the minutes and did not have access to a computer, he would be happy to mail a copy of the minutes to them. He stated another public notice would be mailed to the residents when the next meeting was scheduled. Mayor Aplikowski stated Council did understand the urgency of this and they would work on a solution as soon as they possibly could. CITY COUNCIL REPORTS Councilmember Holden Councilmember Holden stated Newsletter articles were due on July 16. She thanked Mayor Aplikowski for the thank you party for staff and others who . worked on the BBQ Beach event. She stated the fireworks would be held on . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 14,2003 15 . August 5, 2003 at 9:30 p.m. for no additional charge. She asked if they had received any correspondence from the Post Office regarding the TCAAP property. Mayor Aplikowski replied she had received a letter today regarding scheduling another meeting with the St. Paul Chamber of Commerce who would be facilitating the meeting with the Post Office and others. Council agreed to another meeting. Councilmember Rem None. Councilmember Grant Councilmember Grant stated they had received a letter regarding the New Brighton Police Department and asked Council if they wanted to discuss this tonight, or at a Work Session. Council directed staff to explore the concept further. . Mr. Parrish replied staff would obtain additional information and present this at an August or September Council Work Session. Mavor Aplikowski Mayor Aplikowski asked if staff had any further information regarding the Arden Manor situation that was brought forward by a resident at the last meeting. Mr. Moore replied he had not had any positive communication from the manager and he intended to have a meeting with the manager. He noted the manager wanted to deal with this internally. He stated the ownership seemed very offended that the City had gotten involved in this. He noted there was no threat of damage to the City Park. Mayor Aplikowski replied she believed they should back away from this. Mr. Moore stated he would like to still attempt to set up a meeting with the management. . Mr. Parrish noted it was not just an operations and maintenance issue with the flooding, but it was also a public safety issue and they wanted to meet with the management to make things better in the area. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 14,2003 16 Mayor Aplikowski asked staff to start scheduling dates for neighborhood meetings. Mr. Parrish replied they would start scheduling them sometime in late September into October. Mr. Parrish Mr. Parrish asked if Council wanted a Special City Council Meeting on August 4, 2003 at 7:00 p.m. to provide input on the Phase II TCAAP planning. Council agreed to this meeting. He asked Council if they wanted a Special Work Session dedicated to the preliminary Budget for 2004 on July 28, 2003 at 6:00 p.m. Council agreed to this meeting. Mayor Aplikowski adjourned the Regular City Council Meeting at 9:26 p.m. Beverly Aplikowski Mayor Aaron Parrish Interim City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, July 28,2003 at 7:00 p.m. in the Arden Hills Council Chambers. . . . . . . . . % ~HILLS DRAFT CITY OF ARDEN mLLS, MINNESOTA CITY COUNCIL WORK SESSION MONDAY, JULY 21, 2003, 4:45 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST mGUW AY 96 1. CALL TO ORDER Mayor Aplikowski called the meeting to order at 4:50 p.m. Present: Councilmembers David Grant, Brenda Holden, Gregg Larson, and Lois Rem (arrived 9:30 p.rn.). Staff present: Interim City Administrator/Community Services Director, Aaron Parrish; Operations & Maintenance Director, Thomas J. Moore; Deputy Clerk/Human Resources Director, Cynthia Young, Recreation Program Supervisor Michelle Olson, and Engineer Greg Brown. North Suburban Cable Commission Update Ms. Coralie Wilson Ms. Wilson presented the Council with a document which detailed the history of the North Suburban Communications Commission. She explained that the NSCC established the North Suburban Access Corporation (NSAC) which is a non-profit corporation that manages the community access channels, equipment and facilities and trains people in the community in how to produce programs for the channels. Ms. Wilson discussed the advantages of City Halls networked with fiber-nodes and digital (IP) phone systems. Regarding regulatory issues, Ms. Wilson reported that the Federal Communications Commission (FCC) has not been helpful in regulating the rates, most likely due to the fact that there is little competition in the area. She encouraged residents to contact their legislators regarding rate regulation and reminded residents that local access channels are brought to them free of charge. . ARDEN HILLS CITY COUNCIL WORKSESSION JULY 21, 2003 2 Liquor License - Optional 2:00 a.m. Closinl! Cynthia Y ounl! - Deputy Clerk/HR Director . Ms. Young said the Minnesota Legislature passed legislation to allow for the sale of alcoholic beverages on the liquor licensed premises until 2:00 a.m. on all days of the week effective July 1, 2003. She said several Arden Hills licensee's had approached staff requesting the Council adopt an amendment to the current ordinance which would follow the newly adopted statutory guideline. Mr. Grant Lindemeyer Lindey's Steak House Mr. Lindemeyer said although his establishment would most likely not be serving alcoholic beverages at 2:00 a.m. every night, he supported the proposed amendment in order for other establishments to remain competitive with those in the surrounding communities. Ms. Kim Cossack Blue Fox Bar and Grill . Ms. Cossack echoed Mr. Lindemeyer's comments, further stating she felt her establishment could lose a vital customer base if the 2:00 a.m. amendment were not adopted. Mr. Jack Welch Big Ten Supper Club Mr. Welch agreed with the rationale provided by the previous licensee's and added he also wanted the opportunity to stay competitive with his competitor's and requested the Council approve the amendment to the ordinance as quickly as possible, stating the more time that passes, the more customers he would lose. In response to concerns about the necessity for additional police protection Councilmember Grant stated the current contract with the Ramsey County Sheriffs Department provided for one squad, twenty-four hours, seven days a week in Arden Hills with back-up provided if necessary. Councilmember Larson expressed his support to amend the current ordinance from . 1 :00 a.m. closing to 2:00 a.m. as stated in the recently adopted legislation. . . . . ARDEN HILLS CITY COUNCIL WORKSESSION JULY 21, 2003 3 The Council directed Staff to prepare the necessary documents for adoption of an amendment to the Municipal Code which allows for a 2:00 a.m. closing for liquor licensee's, and bring forth for approval at the July 28, 2003 Council meeting. 2. Community Services - NONE 3.A Karth Lake Water Level Engineer Brown presented the Council with a report that illustrated two options for the permanent pumping stations for Karth Lake. He said the options were a manhole structure and a floating pump basket both of which would require the same forcemain, electrical power and control installation. The manhole version will require extensive tree clearing for the excavation and installation of the manhole at an estimated cost of$115,000. The automatic set-up would be installed out of site, be very deep (20' - 25 '), and require extensive restoration. He said the floating pump basket version would include a forcemain and control panel piped and powered the same as the manhole, but that the intent would be to install the floating basket and remove it after each use which would indicate minimal site disturbance at a lower cost ($65,000), but would be visible during use periods. Mr. Parrish discussed several funding options for the project including City funding and resident participation as well as the formation of a Lake Improvement District. The City Council discussed the options and agreed that a permanent solution to the Karth Lake water level was in order. Councilmember Larson urged the Council to require that property owners contribute a portion of the cost of the solution to the problem. The Council directed staff to prepare a presentation to include the basket-method of pumping with the City and residents funding 50% of the project, through the creation of a Lake Improvement District. They requested Staff contact the Karth Lake property owners to participate in the process at the Monday, July 28, 2003 meeting. ARDEN HILLS CITY COUNCIL WORKSESSION JULY 21, 2003 4 3.B Celebratinl! Arden Hills: Event Re-Cap Michelle Olson - Recreation Prol!ram Supervisor . Ms. Olson presented a PowerPoint presentation of the 2003 Celebrating Arden Hills event which took place on Saturday, June 28, 2003 at Tony Schmidt Park. She thanked the Mayor, Council and Staff for participating in a fine event, despite the inclement weather. The Mayor and Council agreed that the event should be annually produced by Staff with the assistance of volunteers from the community. The tentative date for the 2004 Celebrating Arden Hills event is Saturday, June 26. 3.C 3rt! Lift Station Reconstruction Enl!ineer Grel! Brown Mr. Brown brought forth a proposal to reconstruct Lift Station #7, which is in disrepair and is also located in a very difficult position if access problems should happen to occur. He noted that the 2003 CIP budget was $400,000 and the reconstruction of Lift Stations #2 and #5 left a remaining fund of $72,000. He said . the estimated cost to reconstruct Lift Station #7 was $110,000 and requested approval to go forward with the project, the balance of the cost to come from the existing Sanitary Sewer enterprise Fund. The Council agreed that Lift Station #7 should be reconstructed and directed staff to prepare the documents for the public bidding process in conjunction with the Karth Lake Water Level pumping project. 4.B Administrator Search - Update Harry Brull/PDI Mr. Brull presented the Mayor and Council with a detailed graph of the compensation schedules for surrounding communities, Arden Hills and some Group Seven Metropolitan cities. He requested the Council's direction on bringing forth a salary offer to administrator candidate Michelle Wolfe. The Mayor, Council and Staff discussed the interview process and outcomes, the Arden Hills compensation and benefit plan and other possibilities which may become apparent, should an offer to Ms. Wolfe be presented/accepted/denied. . . . . . ARDEN HILLS CITY COUNCIL WORKSESSION JULY 21,2003 5 Ms. Rem arrived at approximately 9:30 p.m., and after further discussion, a majority of the Council directed Mr. Brull to contact Ms. Wolfe with a salary offer of $76,032/year, which is Step 3 on the Arden Hills Compensation Schedule, plus the current IRS rate per mile personal vehicle mileage reimbursement, and the typical City benefit package. They agreed to discuss additional terms should Ms. Wolfe accept the offer and enter into a contract with the City. The Council agreed that the Step 3 salary offer was not negotiable. The Council decided to arrange for a subsequent meeting on the topic, if necessary. 4.A.i and ii. Firearms on City Property and Work Place Violence Policv Staff presented the Council with the League of Minnesota Cities "Conceal and Carry Fact sheet, a Draft Resolution stating the City's opposition to certain provisions of the recently adopted Minnesota Personal Protection Act and a working draft ofa Work Place Violence Policy. The Council discussed the option of installing a "Guns are Not Welcome at City Hall" sign and agreed that signage at City Hall and a resolution opposing certain provisions to the Act was not necessary. They directed staff to re-visit the Work Place Violence Policy and bring it forth for future consideration. COUNCIL COMMENTS: Councilmember Holden requested information on the Assessment Policy Task Force, which was postponed until there was more membership interest. Councilmember Grant complimented the Operations and Maintenance Staff for the care given the perennial flower gardens found in the City. Councilmember Larson congratulated Building Official Dave Scherbel for his recent appointment to the State Board of Appeals. Councilmember Rem: NONE Mayor Aplikowski: NONE ARDEN HILLS CITY COUNCIL WORKSESSION JULY 21,2003 6 Respectfully submitted, Cynthia Young - Deputy Clerk/HR Director. Beverly Aplikowski, MAYOR Aaron Parish, INTERIM ADMINISTRATOR . . . . . . ~ EN HILLS MEMORANDUM DATE: TO: FROM: SUBJECT: July 23, 2003 Agenda Item 3.A Mayor Beverly Aplikowski Council Member David Grant Council Member Brenda Holden Council Member Gregg Larson Council Member Lois Rem Sandy Berres, Finance & Human Resources Assistant ffi Claims & Payroll Attached: Claims Payroll for period: 06/28/03-07/11/03 CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 07/28/03 COUNCIL MEETING PAGE 1 Of3 . CLAIMS I'AID SINCE LAST COUNCIL MEETING (07/14/031 ",: 'cti,;,; ': ,,'I' :;ct<':IMi'ft':I:': '!I'1iIililWii:,',: ': ::'::;::::: ...................... .. ":>'C1:':C' .... ':.:,:W:Wilml\\m':il:,::>:, .' ," ,..:.:.::.;.:.;.:.:.;.:.:.;.:.: :.:.:.:.:.:.:.:.:.:.: ...... ...... .::::::::::::::,::::::,:;:::::::::,:::::: .......... . .. ...... - . . . . . . . . . . . . . . . . .. .......... 23802 07/14/03 Affinitv Plus Federal Credit Union 3 963.87 Second Julv Pavroll 23803 07/16103 Arndt Construction Comoanv. Inc. 365,498.58 Pav #1 -2003 I'MI' 23804 07121103 Brenda Davitt 825.00 Finance AdvisOT.June 23805 07121/03 Hannv Fates Entertainment 178.00 Deoosit -Penny Carnival 23806 07121103 Mike's Pro Shop 52.43 Trophies for Adult Softball 23807 07121/03 MN Pollution Control Agencv 160.00 NPDES Pennit Fee Increase 23808 07121/03 Pelly Cash 250.00 TCIIIIJ Pelly Cash Fund-Playground 23809 07121/03 State of Minnesota 12.00 One Year Vehicle Decals 23810 07/22/03 ICe Distribution Center 536.49 2003 Code Books 23811 07/22/03 ICMA Retirement Trust. 457 1.081.23 Second Julv Pavroll 23812 07/22/03 Lake COlmtrv Service Coooeratlve 3,629.68 Health Insurance 23813 07122/03 Fortis Benefits 274.26 Lone Term Disabilitv 23814 07/22/03 Health Partners 665.03 Dentallnsurance 23815 07122/03 MN Mutual Life 203.10 Life Insurance Subtotal -Paid Claims 377;329.67 Paid Claims FroTil Above - . 377;329.67 . Add Unpaid Claims, Page 3. 119.583.35 Total Accounts Payable Claims for Council Approval, 07/28/03- 496.913.02 Note: Checks for unpaid claims totaling 589,473.35 were mailed July IS, 2003 after approval lilt 1hc July 14, 2003 Council Meeting. They were check numbers 23749-23801. -Exp. Related to TCAAP ProjecL ~..~ . . . . CITY OF ARDEN HlLLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 07/28/03 COUNCIL MEETING PAQE20F3 UNPAID CLAIMS REGISTER: "",cti'~','~Ji'.m('1,::':.'.' '.'OR"'::""""""'::' .... <'::':'I:"'~','l,::'t.:......:. =;:::;::: ... .:::::::".:;;:::;::::;:;:::-: .. .. .::::::;::::: ... .. ... ',.........,...... " 23816 07/29/03 Accurate Press. Inc_ 205.55 Purchase Orders 23817 07/29/03 Aramark Uniform Service 35.06 Ruo Cleanino-CH 23818 07/29/03 Bad-;;-er Meter, Ine 74550 Utilitv Service Al!reeITl.ent 23819 07/29/03 Beissweii;ets How To Store 92653 Honda Mower/Power Broom 23820 07/29/03 Bifl's Ine 705.73 Portable Toilets 23821 07/29/03 Brock White Cnrnnan" 1,38450 erafeo Rental 23822 07/29/03 CM'norate 'FIVt'lfeSS 644.40 Office Snnnlies 23823 07/29/03 DeluXe Business Forms 444.62 APIPR Checks 23824 07/29/03 n...nt of Administration 1,566.17 Phone Service 23825 07/29/03 Diemer, Christcmher 12351 Milea~ Reimbursement 23826 07/29/03 Evans, Lvnn 9250 Refund-ZK MVBasketball 23827 07/29/03 Fast S~ 113.62 Underlav-Forest Green 23828 07129/03 Fire loss Manaoement LLC 150.00 SMnkler Plan Rev;ew-Cub Foods 23829 07/29/03 First Student IDe 316.50 CAH Shuttle 23830 07/29/03 Fra-Dbr Black Dirt 30.35 Black Dirt 23831 07/29/03 Frattallone's Hardware 483.99 June Purchases 23832 07129/03 Go-;;-hers;;;". 250.90 YouthS linment 23833 07/29/03 C;;;;;-her State One-Call 106.95 June Service 23834 07/29/03 Grain:::-er me 30\.80 SafetY EouiDlIlent 23835 07/29/03 Helleoer8, Peter 6.12 Milealre Reimbursement 23836 07/29/03 leI Dulux Paint Centers 664.29 Field MarkinG" Paint 23837 07129/03 W.O.E. LncaI49 240.00 Jutv Dues 23838 07/29/03 Johnston Far;Q Culvert, Ine 80.51 Culverts 23839 07/29/03 Kath Auto Parts 147.56 June Purchases 23840 07129/03 Lacrosse Unlimited 416.00 Lacrosse Canm 7114-18 23841 07/29/03 Lea"ue of MN Cities 27.60 Publication Labels 23842 07/29/03 Lillie Suburban N 385.17 Jooe LeP'1l1 Notices 23843 07/29/03 L TO Power F.lluilUl'w.nt 36.90 Caster Wheel 23844 07129/03 McDonald Ei"ne;;;'C;;;;;;;;;V 77.00 Batterv 23845 07/29/03 Met Council Environmental Services 36,053.33 Ammst Sewer ChaTf:!:es 23846 07/29/03 Midwest .hnhalt Cnrnoration 196.03 Road Renair Materials 23847 07/29/03 Minnesota Commerce D t 40.00 Nota:v Arinointment-Gritz 23848 07129/03 Moberu Rouer 280.50 1108 Cannon.Rd\md 2003 PMP SA Interest Subtotal- un~1d Claims - Paile 2 47,299.19 CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 07/28/03 COUNCIL MEETING UNPAID CLAIMS REGISTER: '::':CI(,ji,'::':,:;ct<:lM<-nr;::I:' :~_::::::::::::::::::::: ::,:: ::>>>>>1':<...... ..:::F:<t(liliiilltl'l'Jil::::::::::::::::::::"':( 23849 23850 23851 23852 23853 23854 23855 23856 23857 23858 23859 23860 23861 23862 23863 23864 07/29/03 07/29/03 07/29/03 07/29/03 07/29/03 07/29/03 07/29/03 07/29/03 07/29/03 07/29/03 07/29/03 07/29/03 07/29/03 07/29/03 07129/03 07/29/03 North Metro InsDections Office Deoot Oriental Trading Co Ine Panish. Aaron Peterson, Fram & Ber..,.. P A Postmaster-8t. Paul Prior Lake Water Ski Association Rainsev County S&S Worldwide SCORE Skill Path Seminars Tessman Seed Companv Timesaver Off Site Secretarial Twin Citv Catcrine, Ine US Tennis Association ZieJ!:ler Ine 928.40 32.66 251.00 51.l2 8,987.33 150.00 150.00 59866.18 131.50 236.25 99.00 101.60 184.75 617.70 25.00 471.67 Subtotal, Page 3 of 3 Subtotal, p.". 2 of 3 Total Uonaid Claims 72,284.16 47,299.19 119,583.35 June ElectricallnSD<Clions Office Supplies Pertnv Carnival/Craft SlIt>olies Mileaj(e Reimbutsement June r =al Fees Business Renlv#1962 Celebratin. AH Julv Law Enforcement Penny Carnival Soccer Balls Seminar-Gritz 50# Diamond Dry Reeordin CC 6/30 CAH-BBO-FinaI Membershin Renewal EQuiJ)l11eIlt Rental-CAH PA0E30F3 ::~: ~:i:~:!: ~:~:~ :~: i:~: i:j:i:~:j:i:j --. . . . . . f It' 0 rif ; j [ ~. ~ ! ~ n ~ ~ l { . g. i ~ Iii :3 g; ! ~. 'Ill '" 0-:1 !:t. ~ ~ i : >' ~ if '8 . 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ID_ -;u ! !!l 2!:... ~ c: or; !!!~ --g 13~ "';u 60 ~r- ar- .!:! . <> :t m <> i:i t:I ~ m t:I o a a '" - :!! ;JO .. - ~ . . . . ~ ~HILLS MEMORANDUM DATE: July 23,2003 Agenda Item 3.B TO: Mayor Beverly Aplikowski Council Member David Grant Council Member Brenda Holden Council Member Gregg Larson Council Member Lois Rem FROM: Aaron Parrish, Interim City Administrator / Community Services D)fector Change in Use for Tax Exempt Property ~ SUBJECT: ENCLOSURES: 1. Location Map 2. Resolution No. 03-52 Authorizing Change in Use 3. Applications for Change in Use Overview Ramsey County is currently in the process of evaluating publicly owned property in Arden Hills. As part of the process, they are evaluating tax forfeit properties in which the City has a use deed for. By acquiring a use deed, the City is allowed to use tax exempt property for certain public pmposes including, but not limited to, parks, utilities, and drainage. During the course of their evaluation, Ramsey County determined that the City was not in compliance with the public pmpose outlined on the original use deed for three parcels in the Edgewater neighborhood. See the attached map for the specific locations of the parcels. Use deeds for these parcels were originally acquired in the 70's for passive park pmposes. Based on a determination by the Ramsey County Tax Forfeited Lands Division, the site is not being used for this pmpose. While City staff respectfully disagrees with this interpretation, we will also need the property for drainage pmposes for the upcoming neighborhood reconstruction project. As such, we have been working with the Tax Forfeited Lands Division on an application to change the use to drainage. This process requires the adoption of a resolution by the Council approving the application for a change in use. This is attached for your review and consideration. Requested Action I. Consider Resolution No. 03-52, Authorizing a Change in Use for Tax Forfeit Property off of Lake Lane. . ~. . ~ ~HILLS CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA RESOLUTION NO. 03-52 A RESOLUTION APPROVING NEW USE OF TAX FORFEITED LANDS WHEREAS, Ramsey County is evaluating publicly owned property in Arden Hills, and WHEREAS, the City of Arden Hills has a Use Deed for Park pmposes on the following properties, and as noted in Attachment "A": Parcel ID (PIN) Numbers: . and, 34-30-23-44-0038 34-30-23-44-0039 34-30-23-44-0040 WHEREAS, Ramsey County has determined that the property is not being used consistent with the Use Deed, and WHEREAS, the City of Arden Hills has described the new use of the aforementioned properties for drainage pmposes. NOW THEREFORE BE IT RESOL YED, that the City Council for the City of Arden Hills hereby approves the new use of tax forfeited land parcels identified as 34-30- 23-44-0038, 39 and 40 for drainage pmposes. ADOPTED by the Council this 28th day of July, 2003. Beverly Aplikowski, Mayor ATTEST: . Aaron Parrish, Interim City Administrator .. . r- ~ 3:0 CI.l z Q)~ ~ " -. tn 0 ~ ::J (5 z 0 uJ , U\ N )> . Z -\ )f , (]1 '- 0 0 o z o - CD s: ll) (]1 o o z o - o - It CD ~ o o o "TI CD CD - Lexington Avenue -' .amsey County Department of Property Records and Revenue Tax Forfeited Lands Section 50 Kellogg Blvd West Suite 620B Saint Paul, MN 55102-1557 Calculation Statement City of Arden Hills Attn: Aaron Parrish 1245 Highway 96 West arden Hills, MN 55112-5743 PIN: PA: 34-30-23-44-0038 Lake Lane Itemized Fees _g I Con Stamp _eed Tax Stamp Recording State Deed Total Amount Due Please submit the following: 1) A certified copy of your City Council Resolution approving the request for a change of use, including a statement of the new intended use. 2) A check payable to Ramsey County in the amount stated above. 14-Jul-03 RECEIVED JUL 1 5 2003 CITY OF ARDEN HILLS 5.00 1.70 20.00 26.70 If you have any question regarding this statement, please contact Colette Votel at (651) 266-2082. . . r 1 l<orrn '01 \Ke"lSeo ~/~')/~OJ ll"Unnesula .lIepann)enl OJ Ke\'enUe . Application for Approval of a New Use of Ta:x-Forfeited Lands (Minnesota Statutes, Section 282.01, Subdivisions la tbrough Ie) In RAMSEY County Name of governmental subdivision (applicant): t: II.... ""I=- /1~dL-7 f Mailing address of applicant: /,')'15 ;I~..hw7 9'(", I IJ..."/~ Slale deed number: 0]54845 Date state deed issued: A{,//s /'In!.>, n->,..J Avril (month) Legal description of property (include the name of the city/lown in l1ilich the property is located): 55//.;J. 7'" (day) 1978 (year) Lot 3, Block 2, "Lake Josephine Villas" PIN: 34-30"23-44-0038 (A) .. . Describe the intended public use for wbicb tbe property was previously conveyed (be specific, including statute or special law references, if relevant): JJ. L...-.k::': / a/?..I' '7"......... ~.~ .. / Describe the new public use fur the property that is being requested (be specific, including statute or special law references, if relevant): ..i4--""..,.. <'7"", _ <IL - ./ /?7/,.-.,e. ~bk f hl-----/.Je.- ;;lBd. C-, 'IS INS1RUMENT WAS DRAFTED BY: Aa.......{;.YI I! "'-"".$2. Name /,)0.(<; Address rk9h.v.A4 7"'-. ~ }/,'I/> "..- ..~' .. - , l /'?-rJ ';5//2. STATE OF MINNESOTA ) ) ss. ) County of RAMSEY being finn duly sworn, deposes and says that belshe is the authorized representative of the governmental subdivision (applicant) named berein, that belsbe has read said application and knows the contents thereof, and. that the matteIS stated therein are true and correct. Name Title Subscribed and sworn to before me this day of .20 Notary Public, County, Minn. My commission expires .etnrn appUcation tn: MN Department of Revenue. Property Tax Division. Mail Station 3340 . St. Paul, MN 55146-3340 ..-'1a . < eamsey County Department of Property Records and Revenue Tax Forfeited Lands Section 50 Kellogg Blvd West Suite 620B Saint Paul, MN 55102-1557 14-Jul-03 RECEIVED I JUL 1 5 2003 ' CITY OF ARDEN HILLS I Calculation Statement City of Arden Hills Attn: Aaron Parrish 1245 Highway 96 West arden Hills, MN 55112-5743 PIN: PA: 34-30-23-44-0039 Lake Lane Itemized Fees _g I Con Stamp _eed Tax Stamp Recording State Deed 5.00 1.70 20.00 Total Amount Due 26.70 Please submit the following: 1) A certified copy of your City Council Resolution approving the request for a change of use, including a statement of the new intended use. 2) A check payable to Ramsey County in the amount stated above. If you have any question regarding this statement, please contact Colette Vote I at (651) 266-2082. . . r J ttorm ~1 \-li.eVISeO.:YU.)/YOJ .l\'Jlnnesota vepanment OJ Kevenue . Application for Approval of a New Use of Tax-Forfeited Lands (Minnesota Statutes, Section 282.01, Subdivisions 18 tbrougb Ie) In RAMSEY Couuty ,M/I/.< H.-II.; ro'?w . , April (month) Legal description of property (include the 'ilOmeof the city/town in Which the proPerty is located): Name of governmental subdivision (applicant): Mailing address of applicant: / ::z.--I $"" State deed number: 0136291 /IJ-y ~t- 4,.ja." H~h......'I' q b . ,/J..rd...-. Date state deed issued: t;5/1'Z- 3rd (day) 1970 (year) Lot 4, Block 2, ''Lake Josephine Villas" . PIN: 34-3()C23-44-0039 (A) DeScribe the intended public use for which the property was previously conveyed (be specific, including statute or special law rererences, if relevant): / . /"r~ <"l..~ r--- f.4<~ Describe the new public use fur the property that is being requested (be specific, including statute or special law references, if relevant): FJ.--"",~ _ /'?r~>6'I-~ sh_~~ 2..$"2.... ~/ 'IS INSTRUMENT WAS DRAFTED BY: Al...~~ ~N/f/' Name . I;N6 11'~ '7~ //r,b, 1Mb />'IN 1'~IIZ ~= . . } STATE OF MINNESOTA ) ) 88. ) \ :dHLU ;,..,pJ-,; County of RAMSEY being first duly sworn, deposes and says that he/she is the authorized representative of the governmental subdivision (applicant) named herein, that he/she has read said application and knows the contents thereof, and that the matters staled therein are Ime and correct. . Name Subscribed and sworn to before me this Title day of ,20 Notary Public, County, Minn. MyeoniiiUsSlOn exprres- - - --- ---- -------- .eturn application to: MN Department of Revenue . Property Tax Division. Mail Station 3340. St. Paul, MN 55146-3340 .": ... eamsey County Department of Property Records and Revenue Tax Forfeited Lands Section 50 Kellogg Blvd West Suite 620B Saint Paul, MN 55102-1557 Calculation Statement City of Arden Hills. Attn: Aaron Parrish 1245 Highway 96 West arden Hills, MN 55112-5743 PIN: PA: 34-30-23-44-0040 Lake Lane Itemized Fees ai-g I Con Stamp W>eed Tax Stamp Recording State Deed Total Amount Due Please submit the following: 1) A certified copy of your City Council Resolution approving the request for a change of use, including a statement of the new intended use. 2) A check payable to Ramsey County in the amount stated above. 14-Jul-03 RECEIVED JUL 16 2003 CITY OF ARDEN HILLS 5.00 1.70 20.00 26.70 If you have any question regarding this statement, please contact Colette Votel at (651) 266-2082. . ~ JI. JI. ............... /V'''' \..~~.~... J'~'JVJ n.....~.............V_ ........y-. ...._..._... ..... ~....... .....__... . Applicationfor Approval of a New Use of Tax-Forfeited Lands (MinnesOta Statutes, Sectiou 282.01, Subdivisions la through Ie) In RAMSEY County .' Name ofgavemmental subdivision (applicant): L.' J--y ~f- /lr./<Wo Mailing address of applicant: /,pl'5 f1{..h~/M,", '7'" ,4r../~ ... r / State deed number: 0136291 Date state deed issued: .1;7,,// f 1'/1 J/ f, frW Avril (month) q; II -z. 3rd (day) 1970 (year) Legal description of property (include the name of the city/town in which the property is located): Lot 5, Block 2, "Lake Josephine Villas" PIN: 34-30-2344-0040 (A) Describe the intended public use for which the property was previously conveyed (be specific, including statute or special law references, if relevant): _ / /Jur.IL ____ "'.......,.., ~~ / ' Describe the new public use fur the property that is being requested (be specific, including statute or special law references, if relevant): Dr""/r?~ - /?7/;.v.~7",,1-& -; h..1-~.f~ ';;>''if';? """ / <<:1S INSTRUMENT WAS DRAFTED BY: -44re-T> ,A/"d$l Name J-r>'17' #/~'7' 7"./J~ .Addi-ess . /' ' /1/11.1 i?'>^' , ">-:;//2. - STATE OF MINNESOTA ) ) ss. ) County of RAMSEY being first duly sworn, deposes and says that he/she is the authorized representative of the governmental subdivision (applicant) nained herein, that helshe has read said application and knows the contents thereof, and that the matters stated therein are true and correct. Name Title Subscribed and sworn to before me this day of ,20 Notary Public, County, Minn. My commission expires .eturn application to: MN Department of Revenue . Property Tax Division. Mail Station 3340. St. Paul, MN 55146-3340 T ... . ~ EN HILLS MEMORANDUM DATE: July 28, 2003 Agenda Item 6.A TO: SUBJECT: Mayor and City Council p"" HclI,,=. City Pl-=@ Case #03-16 David and Martha Dobratz 1440 Indian Oaks Trail Variance (Zoning Ordinance) FROM: . Requested Action The applicant is requesting an l8-foot variance from the rear yard setback. The variance would allow construction of a 6-foot addition to the current deck and allow the applicants to construct a pergola which would have removable screens to provide a bug-free area on their deck. The proposed deck with extension would bring the deck to within twelve feet of the southern property line. The southern property line abuts a heavily wooded area on the northern edge of Floral Park which is approximately 29 feet deep. Update At the July 9th Planning Commission meeting Commissioner Zimmerman had requested information regarding the original building permit for the property and the Zoning Ordinance in place at that time. Summarized below are staff's findings on these matters. Zoning: Staff has researched previous Zoning Ordinances and found that the Zoning Ordinance from 1967 established front setbacks of 40 feet and rear setbacks of 30 feet in the R-l: Single Family Residential District (this property was zoned R-l in 1967). The ordinance does not specifically address decks; however, it does make reference to certain permitted encroachments. The permitted encroachments for rear yards include among . PC /lQ3-16-- CC Report 07/2812003 - Page I of 3 ,.. < other things: balconies eight feet above grade may extend to within 5 feet of a lot line, and covered porches could extend 20 feet into the rear yard provided they were not any . closer than 10 feet from the rear lot line. A deck would likely have been considered similar to one of these to items and would probably be pennitted without any variances. Staff has also researched the Planning Case database and did not find a previous variance for this property. Building Permit: In 1973, a building pennit for a dwelling was issued to the owner for a house that was to be approximately 28 feet deep, 56 feet wide, and located 45 feet from the cul-de-sac, 85 feet from the property to the west, and 10 feet from the property to the east. No information was provided on the rear setback; however the pennit did not request that information either. Since there is no separate building pennit for the deck it is possible that: A) pennits were not required for construction of decks; B) it was somehow included in the original building permit (although the permit makes no mention of a deck); C) permits were required at the time and this deck was constructed without a pennit. Staffis under the impression that the deck was constructed under one of the first two possibilities. Based on the information stated above, staff has detennined that the deck was likely pennitted when it was constructed in 1973. Plannm!! Commission Recommendation . In Planning Case #03-16, the Planning Commission recommends that the variance request of eighteen (18) feet for the minimum rear setback be approved as submitted: . Although the Planning Commission discussed adding a condition, it appears that the condition was not included in the formal action. The condition that the Planning Commission had discussed would require that building pennits be filed with the Building Official for approval prior to the issuance of a building pennit. While it is standard procedure to require a building pennit for most construction projects, the condition would be another way to ensure that such procedure was adhered to. If the Council so chooses approval could be made subject to the following condition: I. All necessary applications for building permits shall be filed with the City Building Official for approval prior to issuance of a building permit. Options 1. 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. PC #03-16-- CC Report 07128/2003 - Page 2 00 . , . . e .. Deadline for Al!encv Actions The City of Arden Hills received the completed application for this request on June 6, 2003. Pursuant to Minnesota State Statue, the city must act on this request by August 7, 2003 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The city may with the petitioner's consent extend the review period beyond the 120 days. Attachments 6A-l Planning Commission Report July 9,2003 6A-2 Planning Commission Minute Excerpt July 9, 2003 PC #Q3-16- CC Report 07/28/2003 - Page 3 of 3 , . . . Attachment 6A - 1 . . . ~ ~HlLLS MEMORANDUM . DATE: July 9, 2003 PC Agenda Item 4.A TO: Planning Commission FROM: Peter Hellegers, City Planner SUBJECT: Case #03-16 David and Martha Dobratz 1440 Indian Oaks Trail Variance (Zoning Ordinance) Request The applicant is requesting an IS-foot variance from the rear yard setback. The variance . would allow construction of a 6-foot addition to the current deck and allow the applicants to construct a pergola which would have removable screens to provide a bug-free area on their deck. The proposed deck with extension would bring the deck to within twelve feet of the southern property line. The southern property line abuts a heavily wooded area on the northern edge of Floral Park. Overview Surrounding Area South Park R-l: Family Residential District R-l: Family Residential District R-l: Family Residential District R-l: Family Residential District Single Family Detached Residential Outdoor SportJRecreation Single Fannly Detached Residential Single Family Detached Residential North Low Density Residential East Low Density Residential West Low Density Residential . PC #03.16- PC Report 07109103 . Page I of6 . e . . . Site Data Low Density Residential Single Family Detached Residential R-I: Single Family Residential 0.4132 acres (17,998 square feet) Relatively FIat Site Overview 1. Setbacks - Does not meet requirement. The rear setback for principal buildings in the R-l district is 30 feet. 2. Lot Coverage - Exceeds Code Requirement. The requirement for all residential districts is a maximum of25%. The principal structure (has tuck under garage) in relation to the property would constitute 11 % lot coverage. 3. Landscape Lot Area - Exceeds Code Requirement. The requirement for all residential districts is a Minimum Landscape Lot Area of 65%. Construction of the addition to the deck would leave approximately 86% of the lot as landscape area. Variance Criteria 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 circumstance 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 PC 1I03-16-PC Report 07/09/03 -Page 2 of6 .Jll: 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 may be granted from specific provisions of this ordinance because such land factors as length 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 Findinl!s Minnesota State Stature 462.357, subd. 6, requires that Cities consider the following five matters when hearing requests for zoning ordinance variances. . 1. Are the circumstances for which the variance is requested unique to the property? Yes. While not necessarily unique to just the applicant's property, the site layout is certainly unique and only a few properties in the area could stake a similar claim. When the house was built in 1973, it was built up to the rear setback (30 feet from the rear property line) and also up to the side setback (10 feet from the side yard line). The house is located approximately 76 feet from the Indian Oaks Trail right-of-way and approximately 50 feet from the closest part of the cul-de- sac right-of-way. The applicant has requested the variance because of the irregular site layout of the property and the minimal impact on the neighborhood due to the property to the south being a heavily wooded area of Floral Park. Due to the irregular site layout the applicant would not be allowed to extend the deck to the south without a variance. The applicant would also have difficulty if they instead tried to extend the deck to the west because there is a tuck-under garage on that side of the home. There are actually 2 or 3 such properties in the vicinity that could claim a similar hardship relative to the unusual site layout and which also abut the park. . PC #03.16- PC Report 07109103 -Page 3 of6 .. -- . . . 2. Would granting the variance be in keeping with the spirit and intent of the City's Zoning Ordinance? The stated Purpose and Intent of the City's Zoning Ordinance include the following applicable statements: This ordinance is enacted for the following purposes: · To promote the character of and preserve and enhance the properties and areas within the City including wetlands, ponds, and marshes. (Section I,B,2) · To fix reasonable standards to which buildings, structures and land shall conform for the benefit of alJ.(Section I ,B,7) The stated purpose of the R-l Single Family Residential District is as follows (Section 5,D,I): 1. To establish areas for the development of single family detached housing at a maximum density of approximately 3 units per acre. 2. To reserve development areas for single-family housing. 3. To restrict encroachment of incompatible uses. 4. To maintain density limitations. 5. To take advantage of municipal utilities. 6. To preserve open space. Yes. The variance requested appears to comply with the stated Purpose and Intent of the City's Zoning Ordinance and of the purpose of the R-l: Single Family Residential District. The Zoning Ordinance allows principal structures to be set back thirty feet from the rear property line in the R-l District. The applicant has proposed replacing the existing deck which is 12 feet deep and adding an additional 6 feet to the deck which would place the deck 12 feet from the southern property line. The applicant has indicated that the 12-foot setback would allow for an addition to the deck to allow the applicant to construct a pergola on the deck and still provide some additional open space on the deck. The applicant has also reviewed whether a smaller variance would work, however, that would not accommodate the space necessary to add the pergola. The applicant has indicated that had their home not been built so close to their southern property line that they may have been able to construct a pergola on the deck without a variance or perhaps with a smaller variance. Since the home is located 30 feet from the southern property line it would preclude the extension of the deck which would be permitted on other parcels in the same district. Also, since the only property affected appears to be Floral Park and there is a thick area of trees which adequately screen the rear of the property (and in affect create additional "setback" area [while this cannot technically be counted as setback area]); staff is of the opinion that granting the variance would be in keeping with the spirit and intent of the Zoning Ordinance. PC #03-16- PC Report 07/09103 - Page 4 of6 3. Could the property in question be put to a reasonable use without the granting of the variance? Yes. The applicant could continue to use the property as a home with the deck in its current location. However, the home was built too close to the southern property line to allow for a deck of any size. The requested variance is for a reduction in the rear setback to allow the extension of a permitted accessory use. As stated in the Arden Hills Zoning Ordinance: A variance or variances may be granted from specific provisions of this ordinance because such land factors as length 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. The applicant has requested the variance due the site layout for a lot which was developed prior to their ownership of the property. The minimum lot dimensions in the R-I District on which the setbacks are based, 95 feet by 130 feet, would leave approximately 60 feet of buildable area lot depth. The combined depth of the applicants' house and depth of the proposed deck would be approximately 48 feet. Because of the unusual site layout, the applicants would not be able to extend their deck as they may have been able to do where there not the unusual configuration of the lot. 4. Was the hardship created by the owner? No. The property was developed in 1973 by a previous property owner. When the house was constructed it was built right up to the rear yard setback, not leaving any room for future expansion. The existing deck was also built by the previous owner. 5. Would granting the variance alter the essential character of the neighborhood? No. The deck would not alter the character of this neighborhood. All of the properties along the south side of Indian Oaks Trail abut Floral Park. The deck addition would not be visible from most of the surrounding properties and would be minimally visible from two neighboring properties. In addition, since a heavily wooded area of Floral Park is directly south of this property there would virtually no visual impact on the Park property. Currently, there are a handful of properties in the general area which are located very close to the rear property line and which abut Floral Park. While there are approximately 10 properties in the area that would not be able to have a deck of 18-foot deep or less (measured from the rear property line to the closest point of PC 003-] 6 - PC Report 07/Q9103 - Page 5 of 6 - . . . . . . . . the principal structure) and comply with the 30- foot rear setback, the average buildable area (area where a building addition or deck could be built) of those properties in the area is 27.70 feet. It is possible that the variance could appear unfair if this variance were granted and those 10 other properties which did not have the space for an 18-foot deep deck were denied similar requests to have 18- foot deep decks which required variances from the rear setback requirement. Those properties would need to demonstrate that the deck would have minimal impact on the neighborhood (they would likely have to abut Floral Park for this to be true, which would apply to only 7 of the 10 properties) and also why not having the 18-foot deep deck is a hardship. On most of these properties a deck of 18-feet deep could be built, attached to certain points of the rear of the principal structure, without entering the rear setback area. This leaves approximately 3 properties with situations similar to that of the applicant. In light of these circwnstances, staff is of the belief that granting the variance would not alter the essential character of the neighborhood. Deadline for Al!enev Actions The City of Arden Hills received the completed application for this request on June 6, 2003. Pursuant to Minnesota State Statue, the city must act on this request by August 7, 2003 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The city may with the petitioner's 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 petitioner's request, "... it must state in writing the reasons for the deuial at the time that it denies the request". 4. Table for additional information. Recommendation In Planning Case #03-16, staff recommends that the variance request of eighteen (18) feet for the minimwn rear setback be approved. Attachments ill - Statement, site plans and renderings, and photographs submitted by the applicant. Location Map. Maps showing the approximate rear setbacks in the area around Floral Park using Geographic Information System (GIS) data. 4A2 - 4A3 - PC #03-16 - PC Report 07109103 - Page 6 of 6 . , )' I' () (-) . . Attachment - 4Al . " .' fl , f -', :"-"'~.--' RECE" ,.- . . ~Vt:L' r) David A. Dobratz Martha.J. Dobratz 144O"".an Oaks Trail _..........55112 JUN - G Z003 CITY OF .'\RDEi" ":0-"._ Home: 6S1-636-~ David WoOC: 612-304-5012 Martha Wark: 651-631-6260 June 5, 2003 City of Arden Hills ladies and Genllemen: This IelIer is in support of our variance request to replace and enhance the existing 30 year old deck on our home. The varianoe request is due to the fact that the existing deck on the rear of our home extends i1to the. 30' rear selback area currenlIy defined by slalule with the rear of the home approximately 30' from the rear lot line bordering our ploperty with the North most edge of Floral Park. The placement of the deck on the home was done as part of the initial conslrudion of the home in 1973. Our proposed deck replacement and enhancement is lwofold: (1) modetaIeIy expand the square footage of the wrrent deck in the rear of our home to acca...1Odate a liee slanding. screened PeIgola (lIeItical posts with Il1IlIQVabIe screen panels on the top and sideS) and (2), add a 13' x 14' "lower deck" . to aIkM lOr more open seating area on the 0IIeIaIl deck (see B(X)OIIIpaI oying pIanIdrawings) . Also, because of the extreme shade caused by the very maIuIe trees and undeIbrush bordering us with Floral PaIk, we haYe been unable to grow any type of shade grass 01" plants in the area below the proposed ~ "lower deck". Thus, the new "lower deck" wi help enhance the value of our home by adding an atIractive, usable space that blends and complimenls the 'MlOded Floral Park bolder. In support of the above information togelher with the cily's variance request requiremenls, we would like to discuss the following: 1. Conditions that CR!ate a hanlship and would ptohibit reasonable development without a Variance The hardship aeated is the original placement of the home on the lot when it was built in 1973- i.e., to the very Soulh-EasI oomer of the lot albeit the lot is quite large (.42 acres in size - see the accompanying site map). Since the existing deck is ateady in the CUITeI1t rear-d.fue.home selback area, any reasonable enhancement to the deck is prohibited by slaIute. However, we would ask that you consider the 29' of densely wooded area bordering our Southern lot line with Floral Par\( in the spirit and intent of a 'selback' (see accompanying photographs labeled 'A 1', '81', '63' and 'E). 2. Conditions on the property that create a hardship that ani not present on similar sized lots in the same district . , " . . . , .' i() " '..... , --.", I' ) \ . Page 2 June 5, 2003 We believe that amost all lots on the South side of lnalall Oaks Trail border the NoIth side of Floral Park. It appears that all of the homes on these lots have been buit far enough to the front of their lots that no variance would be needed for a similar deck IepIacement and enhancement project. 3, Relationships with abutting properly wilt not be adversely affected by the Variance. The proposed deck enllancemenls wiD only be s1ighUy visible to any of our neighbors in the abuUing propeI1ies which are all on the Indian Oaks Trail cul-de-sac. To the South: The deck enhancements we are proposing are aD in the rear of our home, which is completely bounded by the woods defining the Northern edge of Floral Park. With the woods being so thick and dense, the rear of our home and the deck carmoI be seen from anyone in the parK walking on the asphalt path or playing on the basebaI diamond (see accompanying photographs labeled 'A1', 'AT and woods border on the left of 'B1" To the East: The deck enhancemenls we are proposing are all in the rear of our home beginning in the middle of the home extencfll1Q to the west Because the position of our neighbors house to the East is set farther to the front of their lot; from their poo;hfdeck they can see only a verJ sma. portion of our CUITeIlt (and new) deck from a tfisIanoe of pelhaps 45-50' (see accompanying photographs labeled '8' ). ' To the North Westf."iest: The deck enhancements we are proposing all face Floral Park to the South, The portion of the ament deck over our tuck-under garages facing west wiD just be replaced. Only one side of the proposed new "kw.Ier deck" wiD be visible to our neighboIs to the West and wiD essentially present the same visual image as is lhere now, As seen in the site , plan, the neighboIs are quite a dislanre -av (100 -150' - see accompanying photograph labeled 'C'), To the North: Only the end of the deck, which WIaps around the West end of our home over our bMl tuck-under garages, can be seen by our neighbors across the cukIe-sac to the NoIth WestINorlh. Bolh of these neighbors are at least 100'-150' -av from us (see accompanying photograph labeled '0'). As part of our efforts to replace and enhance our deck, we have COl.laded aD of our neighbors living on the cukle-sac. All have signed an accompanying document saying that they have no objections, issues or ooncems reganIing our proposed deck IepIacement and enhancement Thank you in advance for your consideration of our variance request We have !Ned in ARlen Hils for the past 30 year.; and respect the eIfofls all of us are making to help it continue to be a clean, atlJaclive and well managed cily, J~adkjl~ Respectfully, I (..;'"" .1 ) {(~ 4,., .' .' June 5, 200) . Dear Neighbors, This is to infonn !JOU that we are appl9ing to the cil!j for a variance to the lot set-back behind our home. Our deck is in need of replacement, and as we do so, we would like to make some modifications and enhancements. The variance re<:juest is due to the fact that the existing deck on the rear of our home extends into the }O' rear setback area ~ defined ~ statute with the rear of the home approximatd9 }O' from the rear lot line bordering our properi:!j with the North most edge of Floral F ark. Our proposed deck replacement and enhancement is twofold, (I) moderate1.9 expand the s9uare footage of the current deck in the rear of our home to accommodate a free standing. screened F e~ola (vertical posts with removable screen panels on the top and sides) and (2), add a I}' x 11' "lower deck- to allow for more open seating area on the overall deck (see accompan9ing p1arv'drawings). Also, because of the extreme shade caused b9 the VC'!:j mature l:rees and underbrush bon:Iering us with Floral F ark, we have been unabk to gow an9 l!jpe of shade grass or plants in the area bdow the . proposed new -lower deck>>. Thus, the new "lower deck>> will help enhance the value of our home b9 adding an attractive, usabk space that blends and compliments the wooded Floral F ark border. David A Dobratz Martha J. Dobratz 59 s1S'ing below, u are giving !JOUr approval of our proposal. Signature Name Address Location James & 5arbara Gahlon 1+28 Lot I I to the Cast S:ott & Kate Smith 14+8 Lot 9 to the WNW James & Diane F utzk 14+9 Lot8totheNW Tim & Ka9 Verros 14+1 Lot7toN . .,' !"I~ . . (A. i) :"\ (f ) . '~:'i''';:';~i'~f;,~~~':;~;.6f""~~~,~. ,. , !" ,. ..... c: '0 ~ ..... (I) ..... 0 0 aO O~tO ..... q::OCi. (I) (I) (I) E';:: (I) .c: ::::J..... ..0 ..... ""''0 to 0..... (I) ..... Oc: 0'0>-.....0..0 1:: (I) (I) ~.l::; (5 to >.c: -- c: 0"'" E (I) 0.. E' .c: c: ..... U).e!.....tO C:(I)_ .c:O 0.....U),o ..... (1)'- (I) CI '0 ..... o.....::::Jc: (I) ..0 .~ (I) 0 to .c:-Cl>..... 1-=C:(I).c::s 3:'--- .. ~ S U)';:: . (I)~ c:t)(I) (5~(I)rlo~ Z '0 ~ - ~ ::-- ~ c: II . '0 '0 ~ (I) > u.. 0 to E ~ ~ (I) <( ::-..; 0::: c: II (I) ~ ..0 , 0 '0 0 ~ (I) I- 0 U. '0 to ~ 0 ~ ~~ (I) ::-..; c:<( 0 II to '0 (I) ~ .c:(I) ~m c:'O 0 WtO 0..... (I) I<( . 0 'O.c: , (l)C/) -c: ..... U)+ 0- c: I I ~ 0 -'0 Q.tO C:(I) ..... 0(1) 0= ::::J ..... ..... ......- U a...<( u. u. f-J:~rm ~ - ~I . ~ ~ :' ~ ~_i<j c ~ .~ ID 01 . . . '3 c " E " 0> > ,0> E "' ~ " " (J " c ti:: a '" " "' . ~. Q) ... i~ " '" ~ ~ a~ ~~ - " "'... '>-- f- ;0 15. 1: ! ;t ~ o -'". ..... . . v ~ r;~~ 4- & ~~ k U H ~ C cf .g " , . r 1R";'C'.';'C;:'~\j';:;;D .... ~ t:~ t. () . JUN 1 I 2003 June 5, 200) . CITY OF ARDEN HILLS Dear Neighbors, This is to infonn 90U that we are appl!:Jing to the cil:!:J For a variance to the lot set-back behind our home. Our deck is in need of replacement, and as we do 50, we would like to make some modifications and enhancements. The variance re'luest is due to the fact that the existing deck on the rear of our home extends into the )0' rear setback area currentJ..t defined b9 statute with the rear of the home approximatel'y )0' From the rear lot line bordering our properf:9 with the North most edge of Floral r ark. Our proposed deck replacement and enhancement is twofold: (I) moderatel.9 expand the S<:fuare footage of the current deck in the rear of our home to accommodate a free standing. screened r ergola (vertical posts with removable screen panels on the top and sides) and (2), add a I Y x I.... <<fower deck" to allow For more open seating area on the overaU deck (see accompan!:Jing plarv'drawings) . . Also, because of the extreme shade caused b9 the vel'!:J mature trees and underbrush bordering us with Floral r ark, we have been unabk to t!J'OW a"'y l:!:Jpe of shad", gass or plants in the area below the proposed new <<lower deck>>. Thus, the new "lower deck>> will help enhance the value of our home ~ adding an attractive, usabk space that blends and compliments the wooded Floral r a~ border. <>posed deck replacement and David A Dobratz Martha J. Dobratz !:JOU are tJving !:JOur approval of our proposal. S;gnal:ure . 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Attachment - 4A2 . .. l'~ . . o f") t c o a.. ~~ .9 ~ (J) (J) LL o o o ~ - o ~ o Z Q. o ro o 2 I,() Qi -0 z o o o I,() w z (/) ~ :--i- ; o n <..._-~ . . Attachment -4A3 . . . r) ( <:{z - Q) Q) LL C) 1.0 ~ C) C) ~ ~ lI- o C) 1.0 ~ C) C) 1.0 .' , . " . i / <{z ~ (I) (I) LL C) I.{) ~ C) o ~ ~ .... o 0 I.{) N C) C) I.{) ~ . ..... anuaA'V aU~lweH <1z ~ <D Q) LL o l() ..... o o ..... 'lit .... 0 o l() C") o o l() ...,..". ) c' .... _ J <jz - ()) ()) LL C) C) <") C) If) N C) "l:t Rl .... C) o ~ "l:t g ~ C) If) C) C) If) 111: ,,~ " . . Attachment 6A - 2 . " "" .. MINUTES CITY OF ARDEN ffiLLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, JULY 9, 2003 7:00 P,M. - ARDEN HILLS CITY HALL . CALL TO ORDER Chair David Sand called the meeting to order at 7:00 p.m. ROLL CALL Present were Commissioners Clayton Larson, Ken Bezdicek, Megan Ricke, Clayton Zimmerman, and Chair David Sand. Absent: Elizabeth Modesette and Cathy Smithknecht. Also present were Director of Community Services Aaron Parrish, City Planner Peter Hellegers, and Recording Secretary Robin Leslie. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON JUNE 4. 2003 Commissioner Zimmerman requested the following corrections: Page 3, first paragraph . under item C, change Diaz to dais. Page 4, the last sentence should read: "The motion carried (4-2) (Commissioners Larson and Zimmerman against). Page 5, first paragraph, change repair to repaired. maintained. Commissioner Bezdicek moved, seconded by Commissioner Larson, to approve the June 4,2003 minutes as amended above. The motion carried unanimously (5-0). PUBLIC HEARINGS A. PLANNING CASE #03-16 - DAVID AND MARTHA DOBRATZ. 1440 INDIAN OAKS TRAIL. VARIANCE Chair Sand opened the public hearing at 7:03 p.m. Mr. Hellegers stated the public notice was published in the Arden Hills-Shoreview Bulletin and was mailed out to all property owners within 350 feet of the subject property. Mr. Hellegers explained the applicants were requesting an IS-foot variance from the rear yard setback. The variance would allow construction of a 6-foot addition to the current deck and allow the applicants to construct a pergola, which would have removable screens to provide a bug-free area on their deck. The proposed deck, with extension, . would bring the deck to within twelve feet of the southern property line. The southern property line abuts a heavily wooded area on the northern edge of Floral Parle Mr. Hellegers presented staff's analysis of the request and stated that staff recommended the request for an IS-foot variance to the minimum rear setback be approved. . - " . . . ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 2 Chair Sand questioned the zoning ordinance requirement regarding penn anent encroachments into setbacks. The zoning ordinance states encroachments may extend three feet into the required setback for decks and in no case the setback is to be no less than six feet. He questioned the fact the existing deck is already encroaching more than tlrree feet and now the applicant wants to make the encroachment worse. Mr. Hellegers stated that was correct and that the house is 30-feet from the property line. The existing deck is 12-feet from the property line and the applicant is requesting an additional six-feet of encroachment. The situation was created by the builder of the home by building the home so close to the east property line and the wooded area. The rear of the property is abutted by 29-feet of tree cover and no cover is planned to be removed. Staff considered moving deck to the west but there is a tuck under garage, which would pose problems. The applicant wants to add a pergola to maintain the amenity of a deck so close to the woods, but because of the mosquitoes, it needs to be enclosed. In effect, the request increases the non-conforming area but grants the property owner more buildable area. Commissioner Ricke questioned if there would be any trees removed in this process. Mr. Hellegers stated that would not be the case. Commissioner Zimmerman asked if the 30-foot setback was established when the house was built and if the deck was constructed at that time or later. Mr. Hellegers stated he was unaware of any variance for the current deck and was not sure when it was constructed. This could be verified by checking the building permit and he was not certain of which zoning ordinance applied. Commissioner Zimmennan commented that the Planning Commission is continually running into items like this. If the original ordinance requirements are not known, it is difficult to make decisions. Mr. Hellegers replied that information is cross-referenced, but many files prior to 1980 have been damaged or destroyed. There is no variance indicated for this property and staff can review the building file for a deck permit. Commissioner Ricke questioned if any other neighbors commented besides those in the packet. Mr. Hellegers answered there were no further comments. Commissioner Larson noted the front deck must have built at the same time as the house due to the nature of cantilever. When the deck was built it was in violation and the hardship was created by the original owner. He also noted that number five of the report stated other properties have similar issues with but number one stated the circumstances are unique to the property. Commissioner Zimmerman questioned if there was anything in the park and trail comprehensive plan that would cause park to move closer to this property. - - . ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 3 Mr. Hellegers stated he spoke to the park operations director and he acknowledged there . were no plans. Mr. Parrish stated in the original building permit there was no indication of a deck permit. Commissioner Zimmerman asked if that meant there was no pennit issued. Mr. Parrish replied that they were not sure and that the City may not have required permits then or it is not uncommon to have people put up decks without permits. In addition, the City contracted for building inspection services at that time and retained limited records. Chair Sand invited anyone for or against the variance request to come forward and make comment. David Dobratz, 1440 Indian Oaks Trail, addressed the issue ofthe date of the deck construction by stating he was pretty certain the deck was built at the same time as the house due to the nature of the cantilevered joists, but could follow up with the original owner, Phillip Anderson. He also stated the original property was his lot and the lot to the east. When his home was built, the home to the east was not there and at some time Mr. Anderson split the lots and built the second home to the east. He also wanted to make it known that something must be done with the current deck because of its age and condition. He would like to utilize the woods but the bugs limit that, therefore, the need for the screened-in pergola. . Chair Sand questioned Mr. Dobratz ifhe considered the option of moving the deck to the west. Mr. Dobratz replied they did not consider the west side because of neighborhood site lines. Chair Sand stated there is a lot of room on the western part of the property and has a difficult time considering making a non-conforming use worse when there is an option to the west. Mr. Dobratz stated if they went to the west it would disturb the visual lines for the neighbors to the west and across the street. Commissioner Larson questioned if the property owner came to the building department to rebuild the deck, what would be the action in relation to the encroachment if building in the exact location. Mr. Hellegers stated the application would be reviewed by the building inspector and because the deck is appurtenance to the principle structure it would be dealt with as a non-conforming use. Ifless than 50 percent is removed or damaged, the applicant would be granted a building permit to replace the deck using the existing footprint. Chair Sand commented the applicant already has a deck encroaching and wants to encroach further. He stated he believes the applicant has not made enough effort to accommodate the option to the west. . " -- :.. . . . ARDEN RILLS PLANNING COMMISSION - JULY 9, 2003 4 Commissioner Ricke explained these homes are incredibly buffered and this was a unique circumstance with the 29-feet of woods. She stated for aesthetic reasons and for the neighborhood, the best location for the deck is at the rear of the property. Commissioner Zimmerman stated if the applicant wanted to replace the existing deck the Planning Commission would still need to issue a variance ifbuilt to the west. Mr. Rellegers replied that was correct and a variance would be required if extending the non-conforming deck to the east or west. Chair Sand closed the public hearing at 7:54 p.m. Chair Sand stated he was having trouble balancing the various issues and it would be a tough call. Commissioner Larson moved to recommend denial of Planning Case #03-16, David and Martha Dobratz, 1440 Indian Oaks Trail, for an 18-foot variance to the minimum rear setback. The motion failed due to a lack of a second. Commissioner Bezdicek moved, seconded by Commissioner Ricke, to recommend approval of Planning Case #03-16, David and Martha Dobratz, 1440 Indian Oaks Trail, for an 18-foot variance to the minimum rear setback. The motion carried (4-1 Commissioner Larson against). Commissioner Larson stated he was not in favor of the variance. The reasons he stated were that it was increasing a non-conforming use; there is area to the west to build; the situation was created by the original owner; and the Planning Commission may be setting a dangerous precedent by using park in lieu of setback area. This Planning Case will be reviewed at the Monday, July 28,2003, City Council meeting. PLANNING CASE # 03-17 -PATRICIA BEAUDRY. 1860 GLENPAUL AVENUE- VARIANCE Chair Sand opened the public hearing at 8:00 p.m. Mr. Rellegers stated the public notice was published in the Arden Rills-Shoreview Bulletin and was mailed out to all property owners within 350 feet of the subject property. Mr. Rellegers explained that the applicant is requesting a variance to allow construction of a garage five feet from the west property line. Mr. Rellegers presented staffs analysis of the request and stated staff recommended the variance request of five feet for the side yard interior setback be approved. . . . ~ ~HlLLS MEMORANDUM DATE: Agenda Item 6.B July 28, 2003 TO: Mayor and City Council P.~ Hen,,",,. City Pl~@ Case #03-17 Patricia Beaudry 1860 Glenpaul Avenue Variance (Zoning Ordinance) FROM: SUBJECT: Reouest The applicant is requesting a variance to allow construction of a garage five feet from the west property line. Plannm!! Commission Recommendation In Planning Case #03-17, the Planning Commission recommends that the variance request offive (5) feet for the Side Yard Interior (accessory) setback be approved as submitted. ODtions 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. If the City denies the petitioner's request, ..... it must state in writing the reasons for the denial at the time that it denies the request". 4. Table for additional information. Deadline for A!!encv Actions The City of Arden Hills received the completed application for this request on June 13, 2003. Pursuant to Minnesota State Statue, the city must act on this request by August 14, PC #03-17-CC Report CflI28I2003 -Page I of2 2003 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The city may with the petitioner's consent extend the review period beyond the 120 days. . Attachments 6Bl - Planning Commission Report July 9, 2003 6B2 - Planning Commission Minute Excerpt July 9, 2003 . . PC #03.17 -cc Report 0712812003 - Page 2 of2 . . Attachment 6B - 1 . ~ ~HlLLS MEMORANDUM . DATE: July 9, 2003 PC Agenda Item 4.B TO: Planning Commission FROM: Peter Rellegers, City Planner SUBJECT: Case #03-17 Patricia Beaudry 1860 G1enpaul Avenue Variance (Zoning Ordinance) Request The applicant is requesting a variance to allow construction of a garage five feet from the . west property line. Overview Surrounding Area North Low Density Residential R-2: Single and Two Family Residential District R-2: Single and Two Family Residential District R-2: Single and Two Family Residential District R-2: Single and Two Family Residential District Single Family Detached Residential Single Family Detached Residential Single Family Detached Residential Single Family Detached Residential South Low Density Residential East Low Density Residential West Low Density Residential Site Data Low Density Residential Single Family Detached Residential R-2: Single and Two Family Residential 0.2790 acres (12,155 square feet) Relatively Flat PC #03-17 - PC Report 07/0912003 - Page I of 5 . . . Site Overview 1. Setbacks - Does not meet requirement. The side yard interior minimum setback for accessory buildings in the R-2 district is 10 feet. The applicant's garage was sited at approximately 5 feet from the west property line before it was destroyed. The side yard interior setback for principal structures allows construction as close as five feet. Minimum Setbacks Side Yard Interior (accesso buildin Side Yard Interior (principal building) 10' 5' 5' min. 15' min. for total of both sides 16' (west) 21' (east) 37' total for both sides 2. Lot Coverage - Exceeds Code Requirement. The requirement for all residential districts is a maximum of25%. The house and new garage in relation to the property would constitute 8% lot coverage. 3. Landscape Lot Area - Exceeds Code Requirement. The requirement for all residential districts is a Minimum Landscape Lot Area of 65%. Construction of the new garage would leave approximately 84% of the lot as landscape area. Variance Criteria According to Ramsey County Property Records the home and original garage were constructed in 1941. The original garage was recently removed due to its poor condition. The applicant is requesting the 5- foot side yard setback variance to construct a slightly larger single car garage at the same distance from the property line as the original garage. A. State Requirements Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defmes "undue hardship" as: PC #03-17 - PC Repon0710912OO3 -Page 2 of5 ".. .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 circumstance 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 constiMe an undue hardship if reasonable use ofthe 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 ofthis 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 may be granted from specific provisions of this ordinance because such land factors as length 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 Findines Minnesota State Stature 462.357, subd. 6, requires that Cities consider the following five matters when hearing requests for zoning ordinance variances. 1. Are the circumstances for which the variance is requested nnique to the property? Yes. The lot is only 65 feet wide, narrower than the minimum width of 85 feet for a lot in the R-2 District. Furthermore, the house is centrally located on the lot with setbacks ofl6 feet to the west and 21 feet to the east. Due to the location of the house on the lot, placing a garage 10 feet from the interior side property line could potentially cause accessibility problems for cars attempting to utilize the garage and would require relocation of part of the driveway. In addition, the placement of the large Cottonwood tree located behind the garage would precluded the applicant from locating the garage further into the lot to allow the garage to be located at the stated 10- foot setback requirement. There are approximately ten other properties in the area which may experience similar difficulties accessing their garage if forced to build at the required side yard interior setback of ten feet. However it is believed that these properties would not suffer the same exact hardship due to the applicant's added difficulty with the . location of a large tree. PC #03-17 - PC Report 07/0912003 -Page 3 of 5 . . . 3. 4. 5. 2. Would grauting the variance be in keeping with the spirit and intent of the City's Zoning Ordinance? Yes, Currently the Zoning Ordinance allows principal structures to be set back as close as five feet from interior side yards. If the garage were attached to the building it could be constructed five feet from the interior side property line. The interior side setback requirement appears to be an oversight in the Zoning Ordinance which should be addressed by the next revision of the Zoning Ordinance. Therefore it appears that granting the variance would be consistent with the spirit and intent of the Zoning Ordinance. Could the property in question be put to a reasonable use without the granting of the variance? !y!!:. If the variance were not granted the applicant would not have a reasonable location for a garage. The applicant cannot move the garage further to the rear on the lot, making the garage comply with the side yard setback requirement and still leaving a reasonable access angle to the garage, without removing a huge Cottonwood tree. The new garage is a slightly larger single-car garage (16 x 22) than the original single-car garage (12 x 20). Since the original garage was already five feet from the property line, even a garage exactly the same in size as the original garage could not be built in the same location without receiving a variance. Was the hardship created by the owner? !y!!:. The house and garage were constructed in 1941 by a previous owner. The construction actually precedes the first Arden Hills Zoning Ordinance. The applicant did not play any part in the platting of the lot, the layout of her property or any other site considerations which have caused the hardship. The original garage was recently removed due to its poor structural condition. Staffbelieves that the hardship was not created by the owner. Would granting the variance alter the essential character of the neighborhood? No. The effect of the garage should not alter the character of this neighborhood. The Zoning Ordinance allows principal buildings and attached garages to be constructed at the distance the applicant is requesting. Furthennore, many detached garages in the vicinity of this property are currently 5 feet away from the side property line (see applicant's photographs for examples). PC #03-17 - PC Report 0710912003 - Page 4 of5 . Deadline for Al!:encv Actions The City of Arden Hills received the completed application for this request on June 13, 2003. Pursuant to Minnesota State Statue, the city must act on this request by August 14, 2003 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The city may with the petitioner's consent extend the review period beyond the 120 days. ODtions I. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. If the City denies the petitioner's 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 #03-17, staff recommends that the variance request of five (5) feet for the Side Yard Interior (accessory) setback be approved as submitted. Attachments 4Bl Statement, site plans, elevation drawings, and photographs submitted by the applicant. ~ - Location Map. . 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ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 4 Commissioner Ricke explained these homes are incredibly buffered and this was a unique . circumstance with the 29-feet of woods. She stated for aesthetic reasons and for the neighborhood, the best location for the deck is at the rear of the property. Commissioner Zimmerman stated if the applicant wanted to replace the existing deck the Planning Commission would still need to issue a variance ifbuiIt to the west. Mr. Hellegers replied that was correct and a variance would be required if extending the non-conforming deck to the east or west. Chair Sand closed the public hearing at 7:54 p.m. Chair Sand stated he was having trouble balancing the various issues and it would be a tough call. Commissioner Larson moved to recommend denial of Planning Case #03-16, David and Martha Dobratz, 1440 Indian Oaks Trail, for an 18-foot variance to the minimum rear setback. The motion failed due to a lack of a second. Commissioner Bezdicek moved, seconded by Commissioner Ricke, to recommend approval of Planning Case #03-16, David and Martha Dobratz, 1440 Indian Oaks Trail, . for an 18-foot variance to the minimum rear setback. The motion carried (4-1 Commissioner Larson against). Commissioner Larson stated he was not in favor of the variance. The reasons he stated were that it was increasing a non-conforming use; there is area to the west to build; the situation was created by the original owner; and the Planning Commission may be setting a dangerous precedent by using park in lieu of setback area. This Planning Case will be reviewed at the Monday, July 28, 2003, City Council meeting. PLANNING CASE # 03-17 - PATRICIA BEAUDRY. 1860 GLENP AUL AVENUE- VARIANCE Chair Sand opened the public hearing at 8:00 p.m. Mr. Hellegers stated the public notice was published in the Arden Hills-Shoreview Bulletin and was mailed out to all property owners within 350 feet of the subject property. Mr. Hellegers explained that the applicant is requesting a variance to allow construction of a garage five feet from the west property line. Mr. Hellegers presented staff's analysis . of the request and stated staff recommended the variance request of five feet for the side yard interior setback be approved. . . . ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 5 Chair Sand questioned if staff had heard from other neighbors. Mr. Hellegers stated he received one phone call and the letter the Planning Commission received tonight in favor of the project. Commissioner Zimmerman questioned what precipitated the variance if the old garage was already five-feet from the property line. Mr. Hellegers stated this situation is different from the deck because the deck was appurtenant to the principle structure. In this case, the applicant is removing more than fifty percent of the structure and therefore requires a variance. Commissioner Larson stated instead of working on variances the City should work on recodifYing the Zoning Ordinance because of all of the side yard setbacks being granted. Chair Sand questioned if the garage were attached to the house it would require a five- foot setback, but because it is detached, it requires lO-feet. He stated he agrees with Commissioner Larson's comments. Mr. Hellegers stated staff has been looking at recodifYing the Zoning Ordinance for some time because it has been a problem. Staff is currently reviewing it and it may be ready at the next meeting. Action could be taken at the September meeting and then it would be forwarded to the City Council for final approval. It would then take affect 30 days after publication. Commissioner Larson questioned if the City changed the code would the variance be rescinded and off the books. Commissioner Zimmerman explained that whatever the zoning ordinance is at the time of the application and the variance would remain. Chair Sand invited anyone for or against the variance to come forward and make comment. Patty Beaudry, 1860 Glenpaul Avenue, asked if the ordinance was changed would her application fee be refunded and that she cannot move the garage farther to the rear because of the cottonwood tree. Mr. Parrish stated because the cost of mailings, publications and staff time have already been expended, there would be no refund. Chair Sand closed the public hearing at 8:15 p.m. Commissioner Zimmerman moved, seconded by Commissioner Ricke, to recommend approval of Planning Case #03-17, Patricia Beaudry, 1860 GlenpauI Avenue, for a five- foot side yard interior setback variance. The motion carried unanimously (5-0). ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 This Planning Case will be reviewed at the Monday, July 28, 2003, City Council meeting. UNFINISHED AND NEW BUSINESS None REPORTS A. Planning Commissioners None B. Staff Staff updated the Planning Commission on the progress of the recodification of the Zoning Ordinance and on developments in the City. c. Council Member None ADJOURNMENT Commissioner Zinunerman moved, seconded by Commissioner Larson, to adjourn the meeting at 9:05 p.m. The motion carried unanimously (5-0). 6 . . . '. . . . . ~HILLS MEMORANDUM DATE: Agenda Item 7.A July 23, 2003 TO: Mayor and City Council FROM: Thomas J. Moore, Operations & Maintenance Director SUBJECT: Karth Lake Pumping Station ~ Summarv Enclosed you will find copies of the following: . Memo from URS, dated July 28, 2003, detailing the proposed improvements, project cost and the project schedule for the proposed Karth Lake pumping station. . A copy of the July 23,2003 Karth Lake pumping letter that was mailed to residents. Requested Action Staff is requesting the following action of the Council: . Consider approval of the Karth Lake pumping project. . Authorize the advertisement for bids. . Direct Staff to begin the process to create a Lake Improvement District for Karth Lake. . . . URS Thresher Square 700 Third Street South Minneapolis. MN 554J5 Phone: (612) 370-0700 Fax: (6J2) 370-13783 To: Aaron Parrish/Arden Copy: Hills Tom Moore/Arden Hills File: Jim Perron/Arden Hills Nick Landwer/URS 37951-005 From: Gregory Brown, PE Arden Hills City Engineer Date: July 28, 2003 Subject: Karth Lake Pumping Station Based upon the July 21, 2003 Council W orksession, the City Engineer is proceeding with final design and advertisement for bids for the proposed Karth Lake pumping station. The following is a brief summary of the proposed improvements, estimated project cost and schedule: Proposed Improvements The system would include one submersible pump mounted in a floating pump raft with fish screens (approximately 6' X 6' ) that would be anchored in the lake when pumping is desired. The floating pump raft would be connected with power cord and a discharge hose to a small utility vault located on shore in an accessable location (ie buried along a trail). The utility box would include a connection to a permanent buried forcemain (approx. 4" diameter) and permanent electrical power source (underground) to operate the pump. A small surface mounted control panel would also be located at the utility box to provide basic on/off operation for the pump. The buried forcemain will traverse Cummings Park and connect to existing storm sewer piping in Cummings Park Drive and ultimately flow to Valentine Lake. The attached exhibits illustrate the forcemain alignment and water route to Valentine Lake. . The buried electrical will traverse Cummings Park underground and be connected to a power source in the new shelter building or an existing power pole or underground vault. When in operation, City maintenance personnel will check on the pumping system daily and if alarms are registered similar to a lift station. The pumps will be turned off when the desired lake elevation has been achieved as determined by monitoring of the lake gage. The drawdown will be slow and likely drop the lake only 1-2" per day depending on weather conditions. Once the desired drawdown is complete City maintenance personnel will remove the pump raft and disconnect the power cord and discharge hose from the utility box and place the equipment in storage leaving only the small control panel and utility vault in place on site. ClDocuments and SettingslPangS\Local Settingslremporary brternet FileslOLK271C<>unciJ Agenda Item 7 A Memo 7.28--03.doc Memorandum July 28, 2003 Page 2 . Project Cost The Estimated total project cost for this improvement is $65,000. The proposed funding package includes 50"10 coming from the City's Storm Water Enterprise Fund and 50% from a Lake Improvement district to be created by the City. Rice Creek Watershed will be approached for funding as well however they have not committed to any contribution at this time. Project Schedule This project will be bid in conjunction with the Lift Station 7 improvements project authorized at the Council Worksession. The following is the proposed schedule. Neighborhood Information Meeting Week of August 4, 2003 Advertise for bid August 15,2003 Establish Lake Improvement District September 29, 2003 Award Contract September 29,2003 Begin Construction October 6, 2003 Begin Pumping November 10, 2003 Complete Construction (restoration) May 29,2004 Weare proceeding with final design based upon the above parameters. We will be able to make adjustments to the project based upon the results of the neighborhood meeting prior to . advertisement for bids, however changes to the project scope may alter the schedule and cost detailed above. If you have any questions please call me at 612-373-6479. . 1IllRHT_,..,... tHlIIOl T IN!.!' 1 .~:.-~ ~- lCAllIII lAKE ....... ..."*" .ElCISliHlo SRlRM S"I'SmI . . . . ~ ~~HILLS July 23, 2003 RE: Karth Lake Pumping Dear Karth Lake Area Resident, As a follow up to our neighborhood meeting on July 14th and subsequent City evaluation, the following permanent pumping option will be presented for City Council consideration at their July 28th, 2003 meeting: Pumping Method: A floating pump basket would be installed to pump water down to a predetermined level as agreed to by the Rice Creek Watershed District and Department of Natural Resources. This level is likely to be somewhere around the ordinary high water mark. Pumping Route: The water would be pumped to Valentine Lake via a storm sewer pipe extended to the existing storm sewer through the Guidant property. This is illustrated as alternative #2 on the attached map. Financing: The project cost is estimated to cost approximately $70,000 once construction, legal, and engineering fees are accounted for. The preliminary financing proposal calls for a SO/50 cost split between the City and residents living directly adjacent to Karth Lake. To finance the residents' portion ofthe project, it would be necessary to create a Lake ImprovementDistrict prior to the project proceeding. Once the Lake Improvement District was created, the cost of the project would be assessed to the Lake Improvement District (those members living directly adjacent to Karth Lake). For the overall project, the cost is estimated to be $745 per household. Prior to the creation of a Lake Improvement District and any assessments, a public hearing would be required. The City Council will consider this proposal at their July 28th, 2003 meeting. The meeting begins at 7:00 pm. If you should have any questions, please feel free to attend the meeting or contact me by phone at 651-634-5133, by fax at 651-634-5137, or by e-mail attom.mooreralci.arden-hills.nm.us. Thank you for your time and consideration. d.~ Thomas J. Moore Operations & Maintenance Director City of Arden HiDs . 1245 West Highway 96 . Arden Hills, MN . 55112-5794 Pbone 651.634.5120 . Fax 651.634.5137 . www.ci.aI"den.biUs.mn.ns . / ~ ~HlLLS . . MEMORANDUM DATE: Agenda Item 7.B. July 23,2003 TO: Mayor Beverly Aplikowski Council Member David Grant Council Member Brenda Holden Council Member Gregg Larson Council Member Lois Rem FROM: f! Aaron Parrish, Interim City Administrator / Community Services Director SUBJECT: Fernwood Pond Drainage Easement ENCLOSURES: 1. Location Map 2. Easement Area Illustration Overview Based on the current plans for the Ingerson neighborhood stormwater pond, it is necessary to acquire a drainage easement from 1200 Ingerson Road. The easement area required is approximately 2143 square feet. See the attached location map and easement illustration for additional information. The proposed drainage easement would include the areas labeled "existing ditch easement" and "proposed additional drainage easement" on the attached easement illustration. While a number of different approaches to compensating the property owner were discussed, ultimately Mr. Freimuth and I have verbally agreed, subject to City Council approval, that he be compensated $1500 for providing the easement. On a square footage basis, this is less than what was provided to the Josephine Hills Association. However, we have agreed to remove a tree on the property as well in conjunction with the construction. Finally, we will work closely with the property owner on the restoration once construction is completed. Requested Action 1. Authorize staff to acquire a permanent drainage easement with Mr. Steven Freimuth at 1200 Ingerson Road in an amount not to exceed $1500. Q) Q) ~ 0 0 ~ 0 . ...... ::l (j) '0 - 0 z 0 (D 0 2 l!) lB 0 z e z c o iI_ C. ~<<J O:!: ...J o o o l!) I:il ~ CI:l / / ( \ \ \ \ \ \ \ \ / I I / / / --' I I I I ~ ---........ -- \ \ \ \ \ \ \ \ \ \ \ I I / / r..... I I --~ ~ ~' ;-': .......'? ~. ~. ~ _....- r--- ---- \ \ \ \ \ \ I I J' 1 I J :t f I . I ~da. fMGERSON R~ f I.LJ~_"_,,.,._. ..,',._ _.......~. .. .' - - ~ - . . ..,...... ,. . . -~ t \... .~. :..:-' -- ~ .#,,-';'- .,..,.... '-' ---- ..# ..~ ilii.lVO ImIV DITCH EMOENT 1778.2 SF' ./ ....Ii!f" .,)OV ./ ./ ./ \ I . -... "'.Ij-' 2" .tt I j ~. ~.; ~- ......:~ ..., . DB. 1 . ~ ~ EN HILLS . MEMORANDUM DATE: July 28, 2003 Agenda Item 7. C TO: FROM: Mayor and City Council Peter Hellegers, City Planner@ Cummings Park Shelter Plans and Design SUBJECT: .' Requested Action RSP Architects, the architect for Guidant, is requesting approval of the design for the Cummings Park Shelter. The Council must approve the design of the park shelter before the Building Official can issue a building permit for this project. It is anticipated that, pending approval, the construction of the shelter would begin within the next month. Backl!:round As you may recall, the master plan approval and development agreement for the Guidant Campus stipulated that Guidant would construct a park shelter to address the park dedication fee (Guidant would also provide certain trailway easements). Desil!:n Overview The proposed site plan design is very similar to what was envisioned in the concept plans that Hagen, Christenson, & McIlwain Architects prepared for the PTRC. One change to the design includes an 'L' -shaped site plan, instead of the straight-line building plan, which allows the building to be sited on top of the hill while allowing minimal grading. The building has been sited so that the warming house would face the skating rink to the south, while it would still be adjacent to the picnic shelter/patio so that the two could be used together for larger gatherings during the warmer months. While sight lines would not be exactly the same as those in the . Currunings Park Shelter- CC Report 0712812003 - Page I of2 . concept site plan (they had to be changed to accommodate the L-shaped building and also to allow for the wanning house to be in a practical location), the views of the play structure and . baseball field would be adequately preserved and views of the soccer field are largely preserved. The building would include permanent bathrooms and a prep area. The design of the Cummings Park Shelter takes its cues from the shelters in Tony Schmitt Park, and in most regards mirrors the shelters with the exception of the roof and doors on the Cummings Park Shelter being "Arden Hills" Green. Windows were added to the doors to provide natural light in the structure and also to allow for rink attendants to be able to see the skating rink in the winter. The exterior of the building would bea CMU block which would have the look of brick. PTRC Review The Parks, Trails, and Recreation Committee reviewed proposed design of the shelter at their July 22, 2003 meeting and approved of the design. Attachments 7C-I Plan set submitted by RSP Architects. '. Cummings Park Shelter- CC Report 07/28/2003 - Page 2 of 2 . . . . . 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I ~R II III J e -., I' . . . ~ [EN HILLS MEMORANDUM Date: AGENDA ITEM No. S.B July 23, 2003 To: Mayor and City Council From: Cynthia Young, Deputy Clerk/Human Reso CC: Arden Hills On-Sale Liquor Licensees Subject: 2 a.m. On-sale Liquor License Ene.: Ordinance No. 344 - Amending Chapter 5 (Alcoholic Beverages) BACKGROUND: _ The 2003 Minnesota Legislative Session passed legislation to allow for the sale of alcoholic beverages on the liquor licensed premises until 2:00 a.m. on all days of the week effective July 1, 2003. Licensees will need to apply for a special 2:00 a.m. license from the Alcohol and Gambling Enforcement Division and pay a fee based on their previous annual 12 months liquor receipts. The Arden Hills Municipal Code currendy states no sale of intoxicating liquor may be made by an on-sale licensee between 1 :00 a.m. and 8:00 a.m. on Monday through Saturday; or after 1:00 a.m. on Sunday, unless the licensee has also been issued a Sunday on-sale liquor license. If the licensee has been issued a Sunday on-sale liquor license, they may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12:00 noon on Sunday and 1:00 a.m. on Monday. At the Work Session on Monday, July 21, 2003, Council discussed the issue with several interested Arden Hills business owners who requested the Council approve an Ordinance amending the Municipal Code to follow the recent legislation allowing the sale of alcoholic beverages on the liquor license premises until 2:00 a.m. RECOMMENDATION: Staff recommends Council approve Ordinance No. 344 Amending Chapter 5 (Alcoholic Beverages) of the Arden Hills Municipal Code. e e ~ ~HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 344 AN ORDINANCE AMENDING Cbapter 5 - ALCOHOLIC BEVERAGES SECTIONS 510.03, Subd. 1 aud 2; 510.04; and 510.05 OF THE MUNICIPAL CODE OF THE CITY OF ARDEN HILLS 510.03 Hours of Sale. Tbe bours of sale for licensed intoxicating liquor establisbments are restricted as follows: Subd. 1 On-Sale Hours. No sale of intoxicating liquor may be made by an on-sale licensee: A. Between 2:00 a.m. and 8:00 a.m. on Monday througb Saturday; or B. Mter 2:00 a.m. on Sunday unless tbe licensee bas also been issued a Sunday on-sale liquor license. Subd. 2 Sunday Sale Hours. A licensee wbicb bas been issued a Sunday on-sale liquor license may sell intoxicating liquor for consumption on the premises in conjunction witb the sale of food between 12:00 noon on Sunday and 2:00 a.m. on Monday. 510.04 Hours of Consumption. No person, including the licensee and bis or ber agents and employees, sball consume intoxicating liquor on the licensed premises after tbe bour of 2:15 . a.m. City of Arden Hills Ordinance #344 Amending Chapter 5 Alcoholic Beverages 510.05 Hours of Operation. No person, other than the licensee and his or her agents and employees, shall remain on the licensed premises after the hour of 2:15 a.m. With respect to any "on-sale" licensee, no intoxicating liquor shall be displayed by snch licensee after 2:00 a.m., the hour after which the sale of intoxicating liquor is prohibited by M.S. Ch. 340A, specifically M.s.~ 340A.504, as amended from time to time. 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 this 28th day of July, 2003. ATTEST: Beverly Aplikowski, Mayor Cynthia Young, Deputy City Clerk Publication Date: Published on the 6th day of August, 2003. #344 - 2 . . . e , . e e ~ --7\~ HILLS MEMORANDUM Date: Agenda Item No. 8.C July 23, 2003 To: Mayor and City Council From: Cynthia Young, Deputy Oerk/Human Resourc Subject: Opposition to Certain Provisions in the 2003 Minnesota Personal Protection Act Ene. Resolution No. 03-53 7/14/03 Resident Letter to Council MSNBC Report BACKGROUND: In light of the recent incident in New York and other situations, CounciImember Larson has requested Resolution No. 03-53 and other discussion items from the Council Work Session on Monday, July 23, 2003 be brought forth at the July 28 council meeting. Staff has provided Council with the requested information. . Young, Cynthia em: t: To: Subject: Parrish, Aaron Wednesday. July 23, 2003 3:44 PM Young, Cynthia FW: CITY HALL GUN RESOLUTION Aaron Parrish Interim City Administrator I Community Services Director City of Arden Hills Phone: 651-634-5125 Fax: 651-634-5137 Website: www.ci.arden-hills.mn.us -----Original Message----- From: lars@ccbr.umn.edu [mailto:lars@ccbr.umn.edu] Sent: Wednesday, July 23, 2003 3:37 PM ~: aaron.parrish@ci.arden-hills.mn.us _bject: CITY HALL GUN RESOLUTION Dear Aaron, Following the unfortunate incident in New York City today, that resulted in the death of a City Councilmember, and given the many similar incidents that have occurred over time in other City Halls in the U.S., I will make a motion next Monday nightto post a sign at the entrance to City Hall (not necessarily on the front doors, but in a prominent location) that states the following: "Guns and other weapons are not welcome in City Hall." I also will make a motion to send the resolution to the Legislature that was drafted by ~ff and discussed at the work session. Cynthia Young Arden Hills Deputy Clerk 651.634.5126 cynthla.young@d.arden.hllls.mn.us 1 . I would appreciate having this placed on the agenda and included in the meeting materials. . Thanks. Gregg Larson Coordinating Centers for Biometric Research University of Minnesota School of Public Health 2221 University Avenue, Suite #200 Minneapolis, MN 55414-3080 I Phone: 612/626-9030 I Fax: 612/624-28191 E-Mail: lars@ccbr.umn.edu I . e Cynthia Young Arden Hills Deputy Oerk 651.634.5126 cynthia.young@d.arden.hiils.mn.us 2 . . . ~ ~HILLS CITY OF ARDEN lllLLS RAMSEY COUNTY, MINNESOTA RESOLUTION NO. 03-53 A RESOLUTION STATING THE CITY COUNCIL'S OPPOSITION TO CERTAIN PROVISIONS IN THE 2003 MINNESOTA PERSONAL PROTECTION ACT, AND CALUNG FOR AMENDMENTS TO PROHffiIT CONCEALED WEAPONS ON CITY PROPERTY WHEREAS, the Minnesota Legislattrre has passed and the Govemor has signed into law the "Minnesota Personal Protection Act", in which Minnesota residents, subject to qualification, shall be issued permits to carry concealed weapons, effective May 28, 2003; and WHEREAS, The act provided that permittee's shall, with very few exceptions, be permitted to carry concealed weapons on municipal property; and WHEREAS, the Act provides that owners of private properties may post and regulate the ability of permittee's to carry concealed weapons; and WHEREAS, the City Council is vitally concemed about the safety of its employees, and public safety of the users and visitors of City properties; and WHEREAS, the City Council can find no rational jurisdiction to distinguish between a pennissive provision for private properties and a non-discretionary mandate for public properties; and WHERAS, there will very likely be an increase in public costs from this mandate as, for example, the greater presence of weapons on City properties may increase insurance premiwns; and WHEREAS, the City Council agrees in concept with the failed amendment to the House File that would have allowed public facilities, such as City Halls, Maintenance Facilities, Parks, and Recreation Centers to prohibit concealed weapons on the premises; and WHEREAS, time is of the essence for legislators to reconsider and amend the Act for the public safety of public employees and uses of public facilities, NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Arden Hills, that is states its opposition to section of the Minnesota Personal Protection Act to rights to carry concealed weapons on public property, AND BE IT FURTHER RESOLVED, that the City Council states its support for measures that will allow cities to post "WEAPONS ARE NOT PERMITTED IN CITY HALL OR ON ANY CITY OWNED PROPERTY". ADOPTED by the Arden Hills City COll11eil this 28th day of July 2003. Beverly Aplikowski, MAYOR ATTEST: Cyntlria Young, Deputy Clerk/HR Director . . . . . . RECEIVED JUL 1 6 2003 CITY OF ARDEN HillS Gwen Johnson 1163 Karth Lake Drive Arden Hills, MN 55112 651-604-0034 Arden Hills City HaD Highway 96 Arden Hills, MN 55112 7-14-03 Dear City HaD, Ms. Aplikowski and Council Members, I'm writing in regards to the recent gun laws. I would like to request that there would be a ban on guns on all public property in Arden Hills. Arden Hills has an extremely low crime rate; therefore there should be no need for guns. I also feel, due to the recent cuts in the law enforcement they would appreciate guns banned in Arden Hills. I would like the ban to include all public property like: City Hall, playgrounds, parks, schools, school parking lots, school play ground, places of worship, retail, restaurants, banks, ere. I appreciate you looking into this matter. Respectfully,W ~~ Gwen Johnson . . . N.Y. City Council member killed MSN Home I MV MSN I HObnail I Search I Shopping I Money I People & Chat ~ ~.. ~ 1I"<IidII.ta:bt0ll ~1JIdilifti 1I'~ ~ llV~ ~tW ~.~; .$Ikl"~ · ~wm QwenD...-G( ...n.. yeIlDIrP....' Find oil Local Bus:ines:s N. Y. City Council member killed Emergency personal work to keep one of the victims alive as they arrive al~New York University Downtown HospitaL BREAKING NEWS MSNBC ....... ..J July 23 - New York Mayor Michael Bloomberg stressed that the shooting did,not appear to be a terrorist incident NEW YORK, July 23 - A man pulled a gun and began firing Wednesday from a balcony in the City Council chambers of New York City Hall, killing a council member before being fatally shot by a plainclothes officer, police said. . E-MAIL THIS". . PRINT TH1S.oW. . COM PLETE STORY "lij. 1_1.1.11_'" . Buy Ufe Insurance . eDiets Diet Center http://www.msnbc.comlnews/943119.asp Page 10f5 Advertise - 7~ i bouaai Re More I . .. Crime & . N.Y.CiI mambe . Bryant',t: 'bragg& . Scott P. dosed I . Ex.Bayl withmu News . NN. CII mambe . Bush: S 10 gone' . Saddan guerr"" . WashPt !e<Jlolt MSNBC', . N.Y.CiI membe . Bush: S is gone' . Wh~e I- somebl . Fighter. 7/2312003 N.Y. City Council member killed . Yellow Pages . Get A Loan . expedia.com . Shopping - - James Davis, a fOrmer New York police officer, represented Brooklyn on the City Council. CITY OFFICIALS told NBC News that the council member, James E. Davis, 41, of Brooklyn, died of his wounds at New York University Downtown hospital. NBC affiliate WNBC- TV of New York, citing police sources, said a plainclothes officer shot the gunman on the balcony. He died later at the same hospital. The gunman was sitting in the balcony near Davis when he suddenly opened fire, striking the council member, police sources told The Associated Press. The security officer, who was on the floor of the chamber, shot up at the gunman, striking him five times, the sources said. The gunman, who was not immediately identified, was also described as a political opponent and was able to walk into the building unchecked because of his ties to Davis, the station said, quoting witnesses. A third man was wounded in the shootout, WNBC reported. Davis, who had specialized in criminal justice issues since joining the council in 2001, founded Love Yourself Stop the Violence, a non-profit foundation dedicated to stopping urban violence, in 1991. He was a former New York City police officer and an instructor at the police academy. His official council biography said he was a minister, but it did not say whether he had been formally ordained or in what denomination. Although police said the gunman was dead, subway stations around City Hall were stilI closed, as were the Brooklyn and Manhattan bridges. Police were said to be seeking a slim, well-dressed man in a blue suit or blazer. http://www.msnbc.com/news/943119.asp Page 2 of 5 Monrov . . . 7/23/2003 . . e N.Y. City Council member killed Advertisement OUIl HEALTHIEST BRANDS ON SALE II NO TERRORISM ANGLE Mayor Michael Bloomberg, who was in his office at the time of the shootings, stressed that the incident was not related to terrorism. "This is an attack on democracy," Bloomberg said. "We will not stop until we fmd who did this. It is not terrorism. It appears to be a random act, but we cannot allow this to go on, ever." The City Council had just begun its meeting shortly after 2 p.m., and I 00 to 200 people were in the chamber, when seven or eight shots were fired from the balcony, witnesses said. Reporters in the press room dived beneath their desks. Witnesses said that a security guard returned fIre and that about a dozen shots in all were fired. City Council member Peter Vallone told MSNBC television that the gunman targeted a specific victim, firing several shots at him. He continued firing into the person's body on the ground. . Shooting at NYC City Hall . Iraq reconstruction hearing . Powell/Israeli FM press availability . More live video 'GENERAL PANDEMONIUM' There was "general pandemonium" in the chamber as members dived for cover, City Council member Lew Fidler told WNBC. Officers hustled the council members out of the building. "I thought balloons were being popped until I saw the officers lift their guns and shoot back at the balcony," City Council member John Liu told the New York newspaper Newsday. "It happened quickly, and people were hurt even coming out of the chambers." Fidler and others questioned how a gunman could have gotten past the . WNBC New York coverage building's metal detectors with a firearm, but staffers in the building told reporters that many people were often allowed into the building unchecked. http://www.msnbc.com/news/943I19.asp Page 3 of5 7/23/2003 N.Y. City Council member killed "Security is a joke," an aide to a City Council member, who asked not to be identified, told Newsday. "It's a well-known fact among City Council workers. "}' d hate to say it, but it wouldn't be the hardest thing to get a gun in there. ... Frankly, they put one cop at each metal detector and they have a lot of people going through, and it wouldn't be very hard for somebody to just walk by it." This is a developing story. Check back with MSNBC. com for more details. By Alex Johnson of MSNBC.com. HI _ r JIJ .n I UTO....' N.Y. City Council member killed UTO....' Bryant's alleged victim <bragged' at party .JTOIY! Scott Peterson seeks closed hearing .JTO...., Ex-Baylor player charged with murder ..OME I MSNBC Cover PaQe ~.en1 Good luck GrowinG kit $30.00 Our green "luck" pot Is filled with oxalls bulbs, known as the good luck plant for Its clover-like leaves. RedEnvelooe SPONSORED LINKS . New York Times Home Deliverv .. 500/0 Off Act now. Treat yourself to home delivery of The New York Times at 50% off. Read In comfort anytime, anywhere. Monitor world events and expand your horizons. Available across the USA. http://www.newyorktlmes.com . Dlversitv News In-depth, up-to-the-minute diversity news and analysis. Affirmative action, corporate diversity Issues, hot topics and more. Print magazine available. Free newsletter. http://click.clicklab.com/ . ComDuter Trainina for $5.99 .. Word. Excel. Morel Anyone can learn how to use their computer with our step-by-step video lessons. Learn how to write a business letter, build a spreadsheet, even design a web page. Our courses are just $5.99. http://www.msnbc.com/news/943119.asp Page 4 of 5 . . . 7/2312003 . . . N.Y. City Council member killed htlp://www.599CD.oom/ ........_~ MSNBC READERS' TOP 10 Would you recommend this story to other readers? not at all 1 - 2 - 3 - 4 - 5 - 6 - 7 highly . IlACI( TO lOP ..!t I-NBC.coM1 I!!"\';f""'" <II L' MSNBC is optimized for . Microsoft Internet Explorer . Windows Media Player . MSNBC Terms, Conditions and Privacy @ 2003 Cover I News I Business I Sports I Local News I Health I Technology & Science I Entertainment Travel I TV News I Opinions I Weather I Comics InfoCenter I Newsletters I Search I Help I News Tools I Jobs I Write Us I Terms & Conditions I Privacy MSN - More Useful Everyday MSN Home I My MSN I Hotman I Search I Shopping I Money I People &. Chat cQ2003 Mk:rosoft Corporation. All rights reserved. Terms of Use Advertise Truste Approved Privacy Statement GetNetW.se http://www.msnbc.comlnews/943119.asp Page 5 of5 7/23/2003 Silseth, Pang 4om: nt: 0: Subject: Silseth, Pang Tuesday, August 05, 2003 10:38 AM Timesaver: Bulletin; CTV15; Focus News: Gammell, Ken: Pioneer Press; Ramsey Co. Sherriffs; Startribune Council Meeting - August 11. 2003 Cancelled ~ OS-U-03.doc (7S KS) Pang Silseth Office Support Specialist City of Arden Hills Phone: 651.634.5120 Fax: 651.634.5137 Website: www.ci.arden-hills.mn.us . . 1