HomeMy WebLinkAboutCCP 08-18-2003
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Mayor:
Beverly Aplikowski
~
~HILLS
Arden Hills City Council
WORK SESSION
ouncil Members:
David Grant
Brenda Holden
Gregg Larson
Lois Rem
4:45 p.m.
Monday, August 18,2003
Agenda
(The times may vary depending upon length of discussion.)
1. Call to Order
DEPARTMENT STAFF
2. COMMUNITY SERVICES Aaron Parrish
A. Planning Case No. 03-03: Comprehensive Peter Hellegers
Plan Amendment and Rezoning CRE2 and
Cleveland Avenue
OPERATIONS & MAINTENANCE Thomas J. Moore
A. Cummings Park Drive Water Line
4. ADMINISTRATION
Thomas J. Moore and Greg Brown
A. Personnel Policy Amendments
Cynthia Young
B. Ramsey County Maintenance Facility:
Joint Powers Agreement
C. TCAAP: Goals and Policies
Aaron Parrish
Aaron Parrish
CITY COUNCIL REPORTS
A. Council Member Holden
B. Council Member Larson
C. Council Member Rem
D. Council Member Grant
E. Mayor Aplikowski
.
1245 W. Highway 96
Arden mus, Minnesota
55112
651.634.5120
TIME
4:45
5:15
6:00
6:30
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MEMORANDUM
DATE:
Agenda Item 2.A
August 18, 2003
TO:
City Council _~
Peter Hellegers, City Plann"'\~
Case #03-03
City of Arden Hills
County Road E-2 and Cleveland Avenue
Rezoning I Comprehensive Plan Amendment I Rezoning and
Comprehensive Plan Amendment
FROM:
SUBJECT:
At their June 4, 2003 meeting the Planning Commission approved a Comprehensive Plan
Amendment, Rezoning, and a combination of a Comprehensive Plan Amendment for
certain properties generally located south of County Road E-2, west of New Brighton
Road, east of Cleveland Avenue and north of the Cottage Villas development, and also
defined by the following Property Identification (PIN) numbers:
28-30-23-32-0031
28-30-23-32-0004
28-30-23-32-0007
28-30-23-32-0009
28-30-23-32-0019
28-30-23-32-0014
28-30-23-32-0030
28-30-23-32-0006
28-30-23-32-0008
28-30-23-32-0010
28-30-23-32-0037
There are two reasons why the City is reviewing this issue. First, there are
inconsistencies between the Zoning Map and Comprehensive Plan (Future Land Use)
Map. Second, because the Future Land Use Map did not seem to follow property lines it
resulted in some strange results. These results are small portions of property east of the
drainage ditch being designated as Neighborhood Business when they have no access
from Cleveland Avenue and the remainder of the property to the east ofthe drainage
ditch is designated as Low Density Residential.
PC #03-03 - CC Report 08/] 812003 . Page I of2
Due to the complexity of the issue staffhas provided this material to the Council for
discussion prior to the City Council meeting on August 25th
Attachments
2A-I Applicable maps and charts
2A-2 June 4, 2003 Planning Commission Minute Excerpt
2A-3 June 4, 2003 Planning Commission Report
2A-4 May 7,2003 Planning Commission Minute Excerpt
2A-5 May 7, 2003 Planning Commission Report
PC #03-03 - CC Report 08/18/2003 - Page 2 of 2
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Council Work
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Attachment 2A - 1
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Council Work
. Session
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Attachment 2A - 2
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ARDEN HILLS PLANNING COMMISSION - JUNE 4, 2003
3
Chair Sand stated whatever action they took tonight they were not making with any intent
of impacting the lease issues or bankruptcy action.
Commissioner Zimmerman asked if they owned title to this property. Mr. Tucci replied
they had title to this property as sole owner.
Commissioner Larson moved, seconded by Commissioner Ricke to recommend approval
of Planning Case No. 03-14, KTJ Limited Partnership Seventy-Nine, 3673 Lexington
Avenue North (Shannon Square), PUD Amendment, subject to the eight conditions as
listed in staff s June 4, 2003 report.
The motion carried unanimously (7-0).
B. PLANNING CASE 03-03: CITY OF ARDEN HILLS. COUNTY ROAD E-2 AND
CLEVELAND AVENUE COMPREHENSIVE PLAN AMENDMENT
AND
C.
PLANNING CASE NO. 03-03: CITY OF ARDEN HILLS. COUNTY ROAD E-2
AND CLEVELAND AVENUE, REZONING/COMPREHENSIVE PLAN
AMENDMENT/REZONING AND COMPREHNSIVE PLAN AMENDMENT
Commissioner Modesette stated because she owned property in this area, she would be
joining the audience and excused herself from the dais.
Chair Sand opened the public hearing at 7:29 p.m.
Mr. Hellegers stated at the May 7, 2003 meeting, the Planning Commission tabled the
public hearing for consideration of a Comprehensive Plan Amendment for certain
properties generally located south of County Road E-2, west of New Brighton Road, east
of Cleveland Avenue and north of the Cottage Villas development in the hope the
Commission would hear more from the affected property owners at this meeting.
Mr. Hellegers indicated the Commission had three options:
. Rezoning;
. Comprehensive Plan Amendment; or
· Combination of Rezoning and a Comprehensive Plan Amendment.
Chair Sand invited anyone for or against the Planning Case No. 03-03 to come forward
and make comment.
Chair Sand noted they had received an e-mail from the owner of Lot 9, Jim Spaniol,
noting he was in favor of the area being a neighborhood business.
Mr. Hellegers stated he had spoken with Katie Connolly, Lot 7, who indicated she
wanted the area to be neighborhood business. He had also left a message for
representatives of Cottage village, but had not received a response back. He indicated
ARDEN HILLS PLANNING COMMISSION - JUNE 4, 2003
4
Lot No. 8 had been sold and the new owner indicated they liked the open space, but
thought it might make more sense to have this neighborhood business, but they did want
to maintain as much as possible of the open space.
.
Commissioner Zimmerman asked if staff had spoken with the Metropolitan Council for
their opinion. Mr. HelIegers replied he had not spoken with them, but he did not believe
this request would "raise any red flags" and they would not have any issues with
changing this.
Debra Thompson, 3747 New Brighton Road, Lot 11, stated she wanted the area to stay as
it was. She noted there was a lot of wildlife in the area and they wanted the wildlife to
stay. She noted they were 25-year resident of the City.
Commissioner Ricke asked if there was development there, did it matter if it was
neighborhood business or residential. Ms. Thompson stated it did not matter - she did
not want to see anything changed. She did not want it rezoned. She noted they had many
trees and was afraid they would lose their privacy. She stated she did not see how anyone
would be able to develop on the property because it was so wet in that area.
Paul_, 3790 New Brighton Road, asked what kind of business would a neighborhood
business entail and were there any plans to deal with the increased traffic on County
Road E2 and Cleveland if businesses went in. Mr. HelIegers replied a neighborhood
business was a lower intensity neighborhood business. It would serve the immediate area
and would be small office use. He stated with respect to traffic concerns, a stoplight
would need to be coordinated with the County, but he did not believe increased traffic
would be an immediate concern.
.
Commissioner Larson asked with the power line easement, could a building be built in
that area, or would it be parking. Mr. HelIegers replied a building could not be built on a
power line easement, but parking and landscaping could be in that area.
Liz Modesette, 3743 New Brighton Road, Lot 10, stated ifit would make the mechanics
of a Comprehensive Plan, the Comprehensive Plan as it was pretty much described the
intent and the details of the specific use of the property may be best worked out.
There were no further comments made for or against Planning Case No. 03-03.
Chair Sand closed the public hearing at 7:53 p.m.
Commissioner Ricke moved, seconded by Chair Sand to recommend to the City Council
that both the rezoning and the Comprehensive Plan be changed consistent with the plan
that was proposed on the slide presented by staff as Planning Case No. 03-03, City of
Arden Hills, County Road E-2 and Cleveland Avenue, Rezoning and Comprehensive
Plan Amendment showing an area to the north of the Comprehensive Plan that would
have to be revised. The area to the Southwest of the zoning that would have to be .
revised, and the triangular area that would have to be amended for both the rezoning and
Comprehensive Plan.
The motion carried (4-2) (Commissioners Larson and Zimmerman against).
.
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ARDEN HILLS PLANNING COMMISSION - JUNE 4, 2003
5
Commissioner Modesette rejoined the Commission at the dais.
UNFINISHED AND NEW BUSINESS
None.
REPORTS
A. Planning Commissioners
Commissioner Zimmerman commented on the assessment policy for street repairs. He
stated he believed the City should budget for street improvements and include that as part
of the property taxes and set the pavement policy for the City on how streets would be
repaired, maintained and reconstructed and then the City would not get into all of the
contentious discussions that have occurred in the past.
B. Staff
None.
C.
Council Member
Council Member Larson updated the Commission on recent City Council actions.
ADJOURNMENT
Commissioner Ricke moved, seconded by Commissioner Larson to adjourn the meeting
at 8:25 p.m. The motion carried unanimously (7-0).
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Council Work
. Session
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Attachment 2A - 3
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MEMORANDUM
DATE:
PC Agenda Item 4. C
June 4, 2003
TO:
Planning Commission
FROM:
Peter Hellegers, City Planner
SUBJECT: Case #03-03
City of Arden Hills
County Road E-2 and Cleveland Avenue
Rezoning I Comprehensive Plan Amendment I Rezoning and
Comprehensive Plan Amendment
At their May 7, 2003 meeting the Planning Commission tabled the public hearing for
consideration of a Comprehensive Plan Amendment for certain properties generally
located south of County Road E-2, west of New Brighton Road, east of Cleveland
Avenue and north of the Cottage Villas development, and also defined by the following
Property Identification (PIN) numbers:
28-30-23-32-0031
28-30-23-32-0004
28-30-23-32-0007
28-30-23-32-0009
28-30-23-32-0019
28-30-23-32-0014
28-30-23-32-0030
28-30-23-32-0006
28-30-23-32-0008
28-30-23-32-0010
28-30-23-32-0037
Central to the issue is the reason for considering these actions. Briefly, the City's
Comprehensive Plan Map (also called the Future Land Use Map) and the Zoning Map
show inconsistent designations over portions of the properties outlined above. In order
for the City to have consistent designations on both maps the City needs to either rezone
certain property, amend the comprehensive plan for certain property, or rezone certain
property and also amend the comprehensive plan for certain property. Following is a
brief description of what actions the Planning Commission may consider at this meeting:
PC 1IO~~3 - PC Report 0610412003 - Page 1 of 3
..
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REZONING
.
If the Planning Commission determined that rezoning was the appropriate
measure to resolve the inconsistent designations, then those properties (or
portions of those properties) listed above would be rezoned from R-2: Single and
Two Family Residential to N-B: Neighborhood Business consistent with what is
shown on the Comprehensive Plan (Future Land Use) Map.
COMPREHENSIVE PLAN AMENDMENT
If a Comprehensive Plan Amendment was the Planning Commission's preferred
measure, then the Comprehensive Plan would be amended (for the affected
parcels) so that it would match the current Zoning Map.
COMBINATION OF REZONING AND A COMPREHENSIVE PLAN
AMENDMENT
The combination of the rezoning and Comprehensive Plan Amendment would
rezone the western half (approximately 500 feet) of the five (5) properties south
of the drainage ditch, and north of the Cottage VilIas development, to
Neighborhood Business. This measure would also include a Comprehensive Plan
Amendment to "square off' the Comprehensive Plan designation for these same
properties. A Comprehensive Plan Amendment would also be necessary to .
change the Comprehensive Plan designation of the six (6) small pieces of property
east of the drainage ditch from Neighborhood Business to Low Density
Residential.
The reason that the City is reviewing this issue is two-fold. First, there are
inconsistencies between the Zoning Map and Comprehensive Plan (Future Land Use)
Map. Second, because the Future Land Use Map did not seem to follow property lines it
resulted in some strange results. Theses results are small portions of property east of the
drainage ditch being designated as Neighborhood Business when they have no access
from Cleveland Avenue and the remainder of the property to the east of the drainage
ditch is designated as Low Density Residential.
The Comprehensive Plan is established by the City to guide growth and development
within the City. It is essentially the "vision" for the City. The Zoning Ordinance
establishes designations which the City may use to help reach that vision. The reason
that the City establishes specific zoning districts is best explained in Section 5A of the
Zoning Ordinance (District ProvisionslEstablishment of Districts):
"The zoning districts designated herein are hereby established so as to assist the
City in carrying out the intent and purpose of its Comprehensive Development
Plan for the City and to control development in a manner consistent with the
provisions of adequate public services and utilities. "
Together the Comprehensive Plan and Zoning Ordinance provide the City with a vision
and a way to achieve that vision.
.
PC 1103,;)3 - PC Report 06104/2003 - Page 2 on
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. . Attachments
4C-I Applicable maps and charts
4C-2 May 7, 2003 Planning Commission Minute Excerpt
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PC #O3-!l3 - PC Report 0610412003 - Page 3 of 3
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. Attachment 4C-l
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MDR: Medium Density Residential
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IND: Industrial
PI!: Public & Institutional
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.
. Attachment 4C-2
.
.
.
.
B.
ARDEN HILLS PLANNING COMMISSION - MAY 7, 2003
4
Comrnissioner Zimmerman asked what was Phase 4 of this development. Mr. Kerns
replied that would be the retreat center.
Mr. Hellegers stated Phase 3 was proposed for 2004 and Phase 4 for 2012.
Commissioner Zimmerman noted this request was fairly consistent with the original PUD
submitted.
Cornmissioner Larson stated he wanted to see the entrance off of Highway 96 signalized.
He asked if they needed approval by the Watershed District. Mr. Hellegers replied they
would need that approval.
Commissioner Zimmerman requested when they present their PUD they have elevation
drawings and color renditions of the site.
Comrnissioner Ricke asked once this phase was completed, would the Easter and
Christmas event be expanded. Mr. Kerns replied because of the larger capacity, they did
not believe they would need to go beyond the number of events they were holding, but it
was difficult to predict the future.
Randy Bolduc, Ellerbe Beckett, summarized the elevations of the proposed development.
Commissioner Zimmerman requested they prepare specific numbers for the elevations
when they present the PUD.
Chair Sand requested they add a southwest elevation also. Mr. Bolduc replied the final
submittal would have all of the elevations.
Chair Sand asked if the materials would be the same as the main building. Mr. Bolduc
replied it would.
Chair Sand asked how much higher was the new proposed spire. Mr. Bolduc replied it
was five feet higher.
Chair Sand requested they determine how much exterior light would reflect off of the
building, the hours of lighting, and the type of lighting when they presented their final
plan.
There were no further comments made for or against the Concept Planned Unit
Development.
Chair Sand closed the public hearing at 7:58 p.m.
PLANNING .CASE 03-03: COUNTY ROAD &-2 AND CLEVELAND AVENUE
COMPREHENSIVE PLAN AMENDMENT
Chair Sand opened the public hearing at 7:59 p.m.
Commissioner Modesette stated because she owned property in this area, she would be
joining the audience and excused herself from the dais.
.'
ARDEN HILLS PLANNING COMMISSION - MAY 7, 2003
5
Mr. Hellegers stated at their April 2, 2003 meeting, the Planning Commission
recommended that a public hearing be held to consider a Comprehensive Plan
Amendment for certain properties generally located south of County Road E-2, west of
New Brighton Road, east of Cleveland Avenue and north of the Cottage Villas
development.
.
Commissioner Smithknecht asked how would this affect the current residents. Mr.
Hellegers replied the residents would not be able to change their property along
Cleveland Avenue to neighborhood residential; it would have to remain a residential area.
He noted staff's recommendation at the Commission's last meeting was to rezone and
prepare a' Comprehensive Plan Amendment and now they were recommending the
Comprehensive Plan Map be amended to reflect the Zoning Map.
Chair Sand stated he believed they had discussed the Comprehensive Plan might have
been drawn in error for the area at their last meeting.
Commissioner Zimmennan expressed concern that they did not have any definite
boundaries right now.
Chair Sand invited anyone for or against this Comprehensive Plan Amendment to make
comment.
Katie Conley, owner of Lot 7, stated their property was currently listed for sale and they .
were interested in selling part of it along Cleveland Avenue as neighborhood business
because it was not suited for a residential home. She noted it was a perfect place for a
commercial development because a developer could afford to fill in the soil, but it was
not suitable for residential development. She indicated the site was too close to
Cleveland Avenue and the freeway and no one would want to build a residential home on
the site. She stated it would make sense to continue the neighborhood business along
Cleveland Avenue because the northern part of it was already neighborhood business.
Commissioner Zimmennan asked if the swale was neighborhood business or residential.
Mr. Hellegers replied it was neither neighborhood business nor residential.
Ms. Conley stated at the February Council Meeting it was recommended the easement
would be lifted, which would make their property more developable.
Chair Sand stated it would be up to the County if they wanted to lift the easement and he
did not believe the County would be willing to do that.
Commissioner Larson stated he did not believe it was the Commission's job to replat
property, which is what they would be doing if they followed staff's original
recommendation.
Commissioner Larson stated he believed neighborhood business was probably the
appropriate zouing for this area, but it was not the Commission's job to repIat the .
property and that should be left up to a developer.
Peter Mollowski, 388 Cleveland Avenue, stated they were a potential developer for this
"area and they were currently in discussion with the property owners for a possible office
.
.
.
ARDEN HILLS PLANNING COMMISSION - MAY 7, 2003
6
condominium on this site. He noted they had done extensive research on the soil and it
would need a lot of soil correction in excess of $500,000 to get the lots buildable. He
stated he did not believe single-family residential would be able to afford to build on
these lots once they took the soil correction cost into consideration. He stated the reality
was that this site was suited for higher density residential, such as a townhome, apartment
building, or a commercial development.
Commissioner Zitnmerman stated it was not the Commission's place to decide what
residents should do with their property, and it was up to the residents to come before the
Commission as a group to request rezoning. He stated he was against telling people what
they had to do with their property.
Commissioner Ricke stated she believed this area should be neighborhood business.
Commissioner Larson stated he would look favorably to this area as being neighborhood
bUsiness, and if the residents wanted this neighborhood business, it was up to the
residents to request it and it was up to the developer to draw the property lines.
Mr. Mallowski asked if the City was open to a zoning change. The Commission noted
they were not opposed to it.
Liz Modessette, 3742 New Brighton Road., stated she would prefer that the zoning be
changed to reflect the Comprehensive Plan. She stated she believed that the
Comprehensive Plan was a deliberate plan when it was set forth. She said this would
send a message as to what the City's vision was for those properties once they were
developed. She noted there was a potential here that they would end up with single-
family next to neighborhood business and if the zoning was changed to neighborhood
business, it was less likely that this would happen. She stated she believed Lot 3 should
be zoned residential. She noted Lots 4, 5, and 6 currently matched the zoning and
Comprehensive Plan and Lots 9, 10, and 11 were already separated and replatted and the
zoning there was already set. She stated only Lots 7 and 8 needed to be determined. She
stated she owned Lot 10.
Chair Sand stated if they followed the Comprehensive Plan, it would divide lots 9, 10,
and II even further and create a middle portion. He asked what would they zone the
middle portion.
Commissioner Zitnmerman reiterated it should be up to a developer to come forward
with a proposal for the area and where things should be divided and it was not up to the
Commission to set property lines.
Commissioner Ricke stated she believed the City needed to set their vision for this area.
Ms. Conley noted the middle section of the proposed Lot 9, was a wetland area and they
would want that area to remain as wetland.
Chair Sand stated he did not believe the Commission should establish property
boundaries. Mr. Parrish indicated it was not uncommon for properties to have two legal
descriptions.
,
ARDEN HILLS PLANNING COMMISSION - MAY 7, 2003
7
!-
Mr. Hel1egers suggested this be tabled to the next meeting to attempt to communicate .
with the other property owners as to their thoughts about their property. Ms. Connolly
stated there as a building moratorium in place until next February, so they were not in
any need to get this decision right away.
Commissioner Ricke requested the notice summarize both alternatives the Commission
was considering. Mr. Hellegers replied they could do that and reminded the Commission
with the building moratorium they could put this action off for 60 days or more if they
needed more time.
There were no further comments made for or against the Site Plan Review.
Commissioner Larson moved, seconded by Commissioner Zimmerman to table Planning
Case 03-03 and continue the Public Hearing to the June Planning Commission meeting.
The motion carried unanimously (5-0).
UNFINISHED AND NEW BUSINESS
None.
REPORTS
A.
Planning Commissioners
.
None.
B. Staff
Mr. Hel1egers noted last Saturday was the first Planning Commission bus tour and asked
for any suggestions for future tours. Chair Sand requested they also look at commercial,
civic center properties in the future.
C. Council Member
Council Member Larson updated the Commission on recent City Council actions.
ADJOURNMENT
Commissioner Ricke moved, seconded by Commissioner Zimmerman to adjourn the
meeting at 9:07 p.m. The motion carried unanimously (5-0).
.
, .
.
Council Work
. Session
f""Ito.I
Attachment 2A - 4
.
.
.
.
ARDEN IDLLS PLANNING COMMISSION - MAY 7, 2003
4
Commissioner Zimmerman asked what was Phase 4 of this development. Mr. Kerns
replied that would be the retreat center.
Mr. Hellegers stated Phase 3 was proposed for 2004 and Phase 4 for 2012.
Commissioner Zimmerman noted this request was fairly consistent with the original PUD
submitted.
Commissioner Larson stated he wanted to see the entrance off of Highway 96 signalized.
He asked if they needed approval by the Watershed District. Mr. Rellegers replied they
would need that approval.
Commissioner Zimmerman requested when they present their PUD they have elevation
drawings and color renditions of the site.
Commissioner Ricke asked once this phase was completed, would the Easter and
Christmas event be expanded. Mr. Kerns replied because of the larger capacity, they did
not believe they would need to go beyond the number of events they were holding, but it
was difficult to predict the future.
Randy Bolduc, Ellerbe Beckett, summarized the elevations of the proposed development.
Commissioner Zimmerman requested they prepare specific numbers for the elevations
when they present the PUD.
Chair Sand requested they add a southwest elevation also. Mr. Bolduc replied the final
submittal would have all of the elevations.
Chair Sand asked if the materials would be the same as the main building. Mr. Bolduc
replied it would.
Chair Sand asked how much higher was the new proposed spire. Mr. Bolduc replied it
was five feet higher.
Chair Sand requested they determine how much exterior light would reflect off of the
building, the hours of lighting, and the type of lighting when they presented their final
plan.
There were no further comments made for or against the Concept Planned Unit
Development.
Chair Sand closed the public hearing at 7:58 p.m.
B.
PLANNING CASE 03-03: COUNTY ROAD E-2 AND CLEVELAND AVENUE
COMPREHENSIVE PLAN AMENDMENT
Chair Sand opened the public hearing at 7:59 p.m.
Commissioner Modesette stated because she owned property in this area, she would be
joining the audienee and excused herself from the dais.
ARDEN HILLS PLANNING COMMISSION - MAY 7, 2003
5
Mr. Hellegers stated at their April 2, 2003 meeting, the Planning Commission
recommended that a public hearing be held to consider a Comprehensive Plan
Amendment for certain properties generally located south of County Road E-2, west of
New Brighton Road, east of Cleveland Avenue and north of the Cottage Villas
development.
.
Commissioner Srnithknecht asked how would this affect the current residents. Mr.
Hellegers replied the residents would not be able to change their property along
Cleveland Avenue to neighborhood residential; it would have to remain a residential area.
He noted staffs recommendation at the Commission's last meeting was to rezone and
prepare a Comprehensive Plan Amendment and now they were recommending the
Comprehensive Plan Map be amended to reflect the Zoning Map.
Chair Sand stated he believed they had discussed the Comprehensive Plan might have
been drawn in error for the area at their last meeting.
Commissioner Zimmerman expressed concern that they did not have any definite
boundaries right now.
Chair Sand invited anyone for or against this Comprehensive Plan Amendment to make
comment.
Katie Couley, owner of Lot 7, stated their property was currently listed for sale and they .
were interested in selling part of it along Cleveland Avenue as neighborhood business
because it was not suited for a residential home. She noted it was a perfect place for a
commercial development because a developer could afford to fill in the soil, but it was
not suitable for residential development. She indicated the site was too close to
Cleveland Avenue and the freeway and no one would want to build a residential home on
the site. She stated it would make sense to continue the neighborhood business along
Cleveland Avenue because the northern part of it was already neighborhood business.
Commissioner Zimmerman asked if the swale was neighborhood business or residential.
Mr. Hellegers replied it was neither neighborhood business nor residential.
Ms. Conley stated at the February Council Meeting it was recommended the easement
would be lifted, which would make their property more developable.
Chair Sand stated it would be up to the County if they wanted to lift the easement and he
did not believe the County would be willing to do that.
Commissioner Larson stated he did not believe it was the Commission's job to replat
property, which is what they would be doing if they followed staff's original
recommendation.
Commissioner Larson stated he believed neighborhood business was probably the .
appropriate zoning for this area, but it was not the Commission's job to replat the
property and that should be left up to a developer.
Peter Murlowski, 388 Cleveland Avenue, stated they were a potential developer for this
area and they were currently in discussion with the property owners for a possible office
.
.
.
ARDEN HILLS PLANNING COMMISSION - MAY 7, 2003
6
condominium on this site. He noted they had done extensive research on the soil and it
would need a lot of soil correction in excess of $500,000 to get the lots buildable. He
stated he did not believe single-family residential would be able to afford to build on
these lots once they took the soil correction cost into consideration. He stated the reality
was that this site was suited for higher density residential, such as a townhome, apartment
building, or a commercial development.
Commissioner Zimmerman stated it was not the Commission's place to decide what
residents should do with their property, and it was up to the residents to come before the
Commission as a group to request rezoning. He stated he was against teIling people what
they had to do with their property.
Commissioner Ricke stated she believed this area should be neighborhood business.
Commissioner Larson stated he would look favorably to this area as being neighborhood
business, and if the residents wanted this neighborhood business, it was up to the
residents to request it and it was up to the developer to draw the property lines.
Mr. Murlowski asked if the City was open to a zoning change. The Commission noted
they were not opposed to it.
Liz Modessette, 3742 New Brighton Road, stated she would prefer that the zoning be
changed to reflect the Comprehensive Plan. She stated she believed that the
Comprehensive Plan was a deliberate plan when it was set forth. She said this would
send a message as to what the City's vision was for those properties once they were
developed. She noted there was a potential here that they would end up with single-
family next to neighborhood business and if the zoning was changed to neighborhood
business, it was less likely that this would happen. She stated she believed Lot 3 should
be zoned residential. She noted Lots 4, 5, and 6 currently matched the zoning and
Comprehensive Plan and Lots 9, 10, and II were already separated and replatted and the
zoning there was already set. She stated only Lots 7 and 8 needed to be determined. She
stated she owned Lot 10.
Chair Sand stated if they followed the Comprehensive Plan, it would divide lots 9, 10,
and I I even further and create a middle portion. He asked what would they zone the
middle portion.
Commissioner Zimmerman reiterated it should be up to a developer to come forward
with a proposal for the area and where things should be divided and it was not up to the
Commission to set property lines.
Commissioner Ricke stated she believed the City needed to set their vision for this area.
Ms. Conley noted the middle section of the proposed Lot 9, was a wetland area and they
would want that area to remain as wetland.
Chair Sand stated he did not believe the Commission should establish property
boundaries. Mr. Parrish indicated it was not uncommon for properties to have two legal
descriptions.
ARDEN RILLS PLANNING COMMISSION - MAY 7, 2003
7
Mr. Rellegers suggested this be tabled to the next meeting to attempt to communicate
with the other property owners as to their thoughts about their property. Ms. Conley
stated there as a building moratorium in place until next February, so they were not in
any need to get this decision right away.
.
Commissioner Ricke requested the notice summarize both alternatives the Commission
was considering. Mr. Hellegers replied they could do that and reminded the Commission
with the building moratorium they could put this action off for 60 days or more if they
needed more time.
There were no further comments made for or against the Site Plan Review.
Commissioner Larson moved, seconded by Commissioner Zimmerman to table Planning
Case 03-03 and continue the Public Hearing to the June Planning Commission meeting.
The motion carried unanimously (5-0).
UNFINISHED AND NEW BUSINESS
None.
REPORTS
A.
Planning Commissioners
.
None.
B. Staff
Mr. Rellegers noted last Saturday was the first Planning Commission bus tour and asked
for any suggestions for future tours. Chair Sand requested they also look at commercial,
civic center properties in the future.
C. Council Member
Council Member Larson updated the Commission on recent City Council actions.
ADJOURNMENT
Commissioner Ricke moved, seconded by Commissioner Zimmerman to adjourn the
meeting at 9:07 p.m. The motion carried unanimously (5-0).
.
. .
.
Council Work
. Session
,...",.,
Attachment2A - 5
.
.
.
.
.
~HILLS
MEMORANDUM
DATE:
PC Agenda Item 4.B
May 1,2003
TO: Planning Commission
FROM: Peter Rellegers, City Plarmer
SUBJECT: Case #03-03 '
City of Arden Hills
County Road E-2 and Cleveland Avenue
Comprehensive Plan Amendment
At their April 2, 2003 meeting the Planning Commission recommended that a public hearing be
held to consider a Comprehensive Plan Amendment for certain properties generally located south
of County Road E-2, west of New Brighton Road, east of Cleveland Avenue and north of the
Cottage Villas development, and also defined by the following Property Identification (PIN)
numbers:
28-30-23-32-0031
28-30-23-32-0004
28-30-23-32-0007
28-30-23-32-0009
28-30-23-32-0019
28-30-23-32-0014
28-30-23-32-0030
28-30-23-32-0006
28-30-23-32-0008
28-30-23-32-0010
28-30-23-32-0037
These parcels or portions of these parcels are currently zoned R-2: Single and Two Family
Residential but are listed on the City's Future Land Use Plan as NB: Neighborhood Business.
The Plarming Commission is following a 2-step method for review of this matter. The May 7th
meeting is Step 2 of the 2-step process outlined below:
Step 1)
At the Aoril 2nd meeting the Planning Commission determined that the parcels
should remain zoned R-2: Single and Two Family Residential and has
recommended changes on the Comprehensive Plan (Future Land Use) to reflect
the Zoning Map.
PC fl()J-QJ - PC Report 05101/2003 - Page 1 on
,
,. ....J
Step 2)
OVerview
Mav 7. 2003 Public Hearing to consider an amendment to the Comprehensive
Plan which would change the Comprehensive Plan Map to mirror the Zoning Map
(in this specific area). The public hearing is an opportunity for the residents and
property owners in this area to voice their opinions on the proposed amendment.
The recommendation of the Planning Commission would be passed onto the City
Council and would be considered at the City Council's May 27,2003 meeting.
.
The affected area is composed of II parcels, of which many are through lots which run from
New Brighton Road to Cleveland A venue. There is a right-of-way which transverses the parcels
and runs east from Cleveland Avenue, then turns north until County Road E-2. It appears that
this right-of-way is for a drainage ditch which may have served to drain some of the low wet
land in the moratorium area, part of the drainage from Interstate 35W, and additionally some
drainage from New Brighton. Ramsey County is the property Owner for the right-of-way area
and has determined that the drainage right-of-way is still necessary. Most of the property owners
of the parcels that are affected by the moratorium have homes and their appurtenances along
New Brighton Road and the Cleveland Avenue side of the properties remains undeveloped.
The following table summarizes the properties around affected properties (please also reference
the attached Zoning and Future Land Use maps).
North
South
East
West
Neighborhood Business I
Park
NB: Neighborhood Business
Dis1rictlR-l: Single Family
Residential Dis1riet
R-2: Single and Two Family
Residential District
R-2: Single and Two Family
Residential Dis1rict
N.A. - (Right,of-Way)
Multiple Family Residential
Single Family Detached
Residential
N.A. - (Right-of-Way)
Vacant I Open Space
Low Deusity Residential
Low Density Residential
Cleveland Avenue 11-35W
Recommendation
In Planning Case #03-03, the Planning Commission has recommended that the Comprehensive
Plan Map (Future Land Use) be amended to reflect the Zoning Map and that a public hearing be
held.
Attachments
4B -1
4B-2
4B-3
March 28, 2003 Planning Commission Report
February 28, 2003 Planning Commission Update
April 2, 2003 Planning Commission Minute Excerpt
.
PC #03-03 - PC Repan 05/01/2003 - Page 2 of 2
, ,
" Ii
.
. Attachment4B ... 1
.
"
.
.
.
t
.
~
~~HILLS
MEMORANDUM
DATE:
PC Agenda Item 5.A
March 28, 2003
TO: Planning Commission
FROM: Peter HelIegers, City Planner
SUBJECT: Case #03...Q3
County Road B-2 and Cleveland Avenue Moratorium Area
At their Febrnary 10, 2003 meeting the City Council approved a moratorium On certain parcels in
the Vicinity of CoUIity Road E-2 and Cleveland Avenue. These parcels are currently zoned R-2:
Single aitdTwo Family Residential bilt are listed on the City's Future Land Use Plan as
NeigbborltoOd Business, The current situation could result in development which is inconsistent
with the City's Comprehensive Plan (Future Land Use). As a result of the moratorium the
Planning Commission wilI review the affected area to determine whether the properties in the
moratorium area should be zoned NB: Neighborhood Business or R-2: Single and Two Family
Residential. The Planning Commission will also consider whether the Comprehensive Plan
needs to be amended to incorporate any recommended changes.
Staffhas established the following 2-step method for the Planning Commission to review this
that will cover two Planning Commission meetings.
Step I)
At the April 2nd meeting the Planning Commission will determine whether the
moratorium area parcels should be zoned NB: Neighborhood Business or R-2:
Single and Two Family Residential. If the Planning Commission determines that
the current zoning should remain, the Planning Commission wilIthen determine
what changes on the Comprehensive Plan (Future Land Use) would be necessary.
FolIowing the April 200 meeting, staff wilI send the required notices for the public
hearing.
Step 2)
A Public Hearing will be held at May 7th meeting for whichever action the
Planning Commission recommends (Rezoning and/or Comp Plan Amendment).
PC 1IQ)-03 - PC Report 032803 - Page I of)
,
~, '.'
Overview
The Moratorium Area is composed of 11 parcels, of which many are through lots which run from
New Brighton Road to Cleveland Avenue. There is a right-()f-way which transverses the parcels
and runs east from Cleveland Avenue, then turns north until County Road E-2. It appears that
this right-of-way is for a drainage ditch which may have served to drain some of the low wet
land in the moratorium area or it may have been drainage for part of Interstate 35W. Currently
staff is working with Ramsey County and the City Attorney's office to determine the owner of
the right-()f-way area and whether the drainage right-()f-way is still necessary. Most of the
property owners of the parcels that are affected by the moratorium have homes and their
appurtenances along New Brighton Road and the Cleveland Avenue side of the properties
remains undeveloped.
The foIlowing table summarizes the properties around the moratorium area parcels (please also
reference the attached Zoning and Future Land Use maps).
.~..._._._.
. .
. .
~---_: "-'~~_': ~~i1;~~_~_=' , ~ ~_ :k__~ _~___ _ ___"_____~____________ _=->_~~~_~~_ _~ _
--~
Neighborhood Business I NB: Ne~rIiood BusmeSs
North Park District I R-I: . Single Family Vacant t Open Space
Residential District
South Low Density Residential R-2: SiDgk< ao,d Two Family Mu1tip1e Family Residential
Re.si<Jetrtial District
East Low Density Residential R-2: Singlt:~ Two FlIII!iIy Single Family Detacbed
R~~Pis1rict " Residential
West Cleveland Avenue I [-35W N~:;:.(lUght-Of-Way) N.A. ---(Right-of-Way) I
Ovtions
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 #03-03, staff recommends that the Comprehensive Plan Map (Future Land
Use) and the Zoning Map be amended to reflect the attached map (Attachment 5A -I).
PC HOJ"()] - PC Report 032803 - Page 2 of 3
.
.
.
.'
.
.
.
Attachments
5A-1
5A-2
5A-3
Map of Staff Recommended Changes
Council Memo 02/10/03
Council Minute Excerpt 02/10/03
PC #03-03 - PC Report 032803 - Page 3 of 3
. .
.:' .
.
. Attachment SA - 1
.
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N HILLS
MEMORANDUM
DATE:
TO:
FROMz
SUBJECT:
February 6,2003
Agenda Item 6.A.l
Mayor and City Council
Joe Lynch, City Administrator
Peter Hellegers, City Planner
Development mOTlltoriurn for parcels designated on the Future Land Use
Map as Neighborhood Business and designated on the Zoning Map as
Single and Two-Family Residential.
Reauesttld ActiQn
Com;ider adoption of Ordinance #343, and establish the parameters of review for the Planning
Commission f!:garding this maUer.
Batkl!rQund
Recent inquiries from interested developers have brought to light conflicting designations on the
Future Land Use and Zoning maps in the vicinity of Cleveland Avenue and County Road B-2.
The Zoning Map shows the parcel at the comer of County Road E-2 and Cleveland Avenue and
the two and a half parcels directly south of the parcel (until the County ExceptionlRight-of-Way)
ate zoned for Neighborhood Business. The area south of the County Exception is designated as
R-2: Single and Two Family Residential on the Zoning Map. However, the Future Land Use
Map shows four and a half parcels directly south of the County Exception which are currently'
designated as Neighborhood Business (in addition to the parcels currently zoned Neighborhood
Business).
In August of 1995 the Minnesota Legislature made amendments to the Metropolitan Land
Planning Act, which state that: "If the comprehensive municipal plan is in conflict with the
.'
PC 1103-03 -Council Memo 021003 - Page lof4
zoning ordinance, the zoning ordiTUlnce will be brought into conformance with the plan by the
local government in conjunction with its review and update of its comprehensive plan required .
by December 31. 1998. "
Subsequent to the City Council approval of the Comprehensive Plan on November 8, 1998, the
Zoning Ordinance was amended to create the Neighborhood Business District by Ordinance 315
(adopted on September 27, 1999). It appears that most of the areas designated in the
Comprehensive Plan as Neighborhood Business were re-zoned to coordinate with the
Comprehensive Plan designation. The area presently being discussed appears to have been
overlooked as part 0 f that effort.
Staff Comment
There have been several inquiries from developers interested in constructing either residential
homes or neighborhood business buildings in this area It is staffs belief that were a moratorium
not enacted, that the described property could be developed in a manner inconsistent with the
Comprehensive Plan before the City had a chance to review and amend either the Zoning Map or
the Future Land Use Map (Comprehensive Plan Map). A moratorium would provide the
necessary time for the Future Land Use Map and Zoning Map to be reexamined by the Planning
Commission and Council, and the necessary changes made to insure that development would be
consistent with the Comprehensive Plan.
One of the dangers of not taking any action to amend either the Zoning Map Qf the F1.It\Ire Land .
Use Map is th:lt the conflicting map designations could permit development which does not
conform to the City's Comprehensive Plan and could have undesirable results.. Hypothetically, a
single-family residence could be located in an area currently zoned as R-2.(Singleand Two
Family Residential) but designated on the Future Land Use Map as Neighborhood Business All
that would currently be required is a building permit from the City Building Official.
Subsequently, a developer could submit an application for rezoning of a neighboring property
from Single and Two Family Residential to Neighborhood Business (based on the fact that the
re-zoning would be consistent with the City's Comprehensive Plan the City would have very
limited grounds for denying such a rezoning request). The neighboring properties could be re-
zoned and developed in such a fashion and the result would be that the landowner who
constructed the single-family residence could then be the only residential use (ot residentially
zoned parcel) in between two areas of Neighborhood Business.
"
Neil!:hborhood Noticeaad IDlPad
All affected property owners were sent a detailed letter with attachments stating that. the Council
would be reviewing this item at the February lOll> Council meeting. The Council, Planning
Commission and certain staff were sent copies of this letter bye-mail.
Efforts have been made to mitigate the impact of the moratorium on the affected property owners
by allowing the east 300 feet of properties (where possible) to be excluded from the moratorium.
PC #OJ.03 - Council Memo 021003 - Page 2of4
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The exception would allow the residents of the area to remodel or restore residential buildings
. and experience minimal, if any, disruption. The more substantial impact would be that for the
duration of the moratorium property that is currently undeveloped would have to remain
undeveloped until which time as the moratorium expires or is terminated by Council action.
All efforts will be made to expedite this process; to resolve the conflicting Comprehensive Plan
and Zoning designations, and to have the moratorium terminated as soon as possible.
Staff Recommendation
Staff recommends that the City Council adopt an ordinance that would place a moratorium on
the development of those parcels which show a conflicting status on the Zoning Map and Future
Land Use Plan (as defined by the proposed draft moratorium) for a period of twelve (12) months
unless terminated or extended by the City Council. Prior to enacting a development moratorium,
staff would recommend defining possible parameters of review for the Planning Commission.
Staff would suggest the following:
.
I. The Planning Commission shall evaluate whether the described parcels should be zoned
as either Neighborhood Business or Single and Two Family Residential. After evaluating
the described parcels for the correct Zoning designation, the Planriing Commission
should make the necessary recommendations to proceed in resolving the conflicting
Comprehensive Plan and Zoning designations.
a. Should the Planning Commission detennine that the described parcels should be
zoned as Neighborhood Business; the Planning Commission shall review and
recommend a rezoning of the property to reflect the appropriate Zoning
designation.
b. Alternatively, should the Planning Commission determine that the described
parcels should remain zoned under the current designation and that the
Comprehensive Plan should instead be amended; the Planning Commission shall
review and recommend that the Comprehensive Plan be amended to reflect the
appropriate Comprehensive Plan designation.
SU22ested Citv Council ActioD
I. Consider adoption of Ordinance #343, An Ordinance Implementing a Development
Moratorium on Certain Property within the City of Arden Hills, (property as defined by
the draft moratorium).
2. By motion establish the parameters of review for the Planning Commission in regard to
the described parcels and the conflicting Comprehensive Plan and Zoning designations
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PC #03-0J - Council Memo 021003 - Page 3 of 4
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Attachments
6AI - a.
-OM 5.
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6Al - d.
6Al - e.
6AI - f.
List ofProverties Included in Moratorium Area.
I.>raft ".C"mt9FNtm flImn___5 i':'41 _
D ft MnFHI.. r~DR1Hl3rY
Location Map
Zoning Map
Future Land Use Map
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PC 1103-03 - Council Memo 021003 - Page 4 of4
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FUTURE LAND USE
Legend
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D LOR: low Density Residential
D MOR: Medium Density Residential
_ HDR: High Density Residential
_ MR: Mixed Residential
_ NB: Neighborhood Business
_ COM: Commercial
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_ INO: Industrial
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. Attachment 5A - 3
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
. February to, 2003
4
assessment hearing date was set as a milestone date and was not a critical date.
The date could be pushed back to accommodate dialogue regarding the design, if
approved by the City Council.
Mayor Aplikowski requested staff contact the members of the Association Task
Force and the other residents who have an interest in the project with the
information once it became available.
5. PUBLIC IlEARINGS
None.
6. COMMUNITY SERVICES
A. PLANNING
.
1.
Development Moratorium: County Road H2 & Cleveland Avenue
Mr. Hellegers stated recent inquiries from interested developers had brought to
light conflicting designations on the Future Land Use and Zoning maps in the
vicinity of Cleveland Avenue and County Road E2. He requested the Council
consider the adoption of Ordinance No. 343 and establish the parameters of review
for the Planning COnnrllssion regarding this matter.
Liz Modesette. 3743 New Bril!hton Road, stated as a resident of this
neighborhood, she had followed this issue for many years. She stated she did not
believe the residents had been notified of the future land uses. She stated she
agreed With the future land use map and how it was laid out, given the history of
. the lots. She asked what the time frame was to complete the process of making this
area consistent, and if this could be expedited to be completed within one year.
Mr. Hellegers replied they hoped to get this done as soon as possible, possibly
within three months if everything went as planned.
Katie Conlev. 3777 New Bril!hton Road, stated her concern was that the location
. map was not the same as the Land Use or Zoning map. She asked if the City
would consider subdividing the lots, therefore, her neighbor could not tear down
his house and build a neighborhood business. Mr. Hellegers replied the City did
not intend to have the Neighborhood Business District zone in her area.
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
February 10,2003
5
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MOTION: Councilmember Larson moved and Councilmember Holden
seconded a motion adopting Ordinance No. 343: placing a
moratorium on the development of those parcels which show a
conflicting status on the Zoning Map and Future Land Use Plan
for a period of twelve (12) months, unless terminated or
extended by the City Council and to establish the parameters of
review for the Planning Commission in regard to Cleveland
Avenue and County Road E2.
Councilmember Grant requested the Planning Commission look at this
. immediately.
The motion carried unanimously (5-0).
MOTION: Councilmember Grant moved and Councilmember Rem
seconded a motion to pass the Ordinance summary. to reflect .
Ordinance No. 343. The motion carried unanimously (5~).
Mayor Aplikowski. requested timely and complete information be given to the
residents in the. area. She also requested the right-of-way issues be researched
prior to the Planning Commission's review.
B. TCAAPUPDATE
Mr. Parrish stated the regularly scheduled Development Team meeting focused on
the need to bring key stakeholders to the table for discussion. In addition, the
need for a three-dimensional model that outlines existing conditions for the site
was discussed. He noted the next meeting was scheduled for February 18, 2003.
Mr. Parrish stated the Advisory Panel met on February 4,2003. He indicated the
presentation focused on the linkage between demographics and housing. The next
meeting is scheduled for March 11,2003, at City Hall.
Mr. Parrish noted a letter has been sent requesting a joint meeting of the Arden .
Hills City Council and Ramsey County Board.
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. Attachment 4B- 2
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~HILLS
MEMORANDUM
DATE:
PC Agenda Item 5.B
February 28, 2003
TO: Planning Commission
FROM: Peter Hellegers, City Planner
SUBJECT: County E-2 and Cleveland Avenue Moratorium Update
At their February 10, 2003 meeting the City Council approved a moratorium on certain
parcels in the vicinity of County Road E-2 and Cleveland Avenue. The moratorium
would effectively halt development on the parcels north of Cottage Villas and south of
the Tra.mmpropertylocated iIlong Cleveland Avenue and iIlong the easement area that
cuts through the area. As a result of the moratorium the Planning Commission will
review the affected area at the April Planning Commission meeting. Staff requested that
the Council provide the Planning Commission with specific direction on how to proceed.
Approved direction from Council is as follows:
1. The Planning Commission shall evaluate whether the described parcels should be
zoned as either Neighborhood Business or Single and Two Family Residential.
After evaluating the described parcels for the correct Zoning designation, the
Planning Commission should make the necessary recommendations to proceed in
resolving the conflicting Comprehensive Plan and Zoning designations.
a. Should the Planning Commission determine that the described parcels
should be zoned as Neighborhood Business; the Planning Commission
shilll review and recommend a rezoning of the property to reflect the
appropriate Zoning designation.
b. Alternatively, should the Planning Commission determine that the
described parcels should remain zoned under the current designation and
that the Comprehensive Plan should instead be amended; the Planning
Commission shall review and recommend that the Comprehensive Plan be
amended to reflect the appropriate Comprehensive Plan designation.
Depending on the actions taken at the April meeting of the Planning Commission, it may
prove necessary to hold additionill public hearings for either a rezoning of the affected
properties or a Comprehensive Plan Amendment.
,
il .
In addition, the Council stated that the easement issue should be investigated and
hopefully resolved through this process. Staffhas contacted Ramsey County to establish
the ownership and purpose of the easement area. At this date staff has not received all
the necessary information on the easement area, however the information should be
available for review at the April Planning Commission meeting.
If you have any questions or comments please feel free to contact me.
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. Attachment4B - 3
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ARDEN HILLS PLANNING COMMISSION - APRIL 2, 2003
8
Commissioner Modesette stated her property had a telephone pole right in the middle of
it.
Mr. Gode noted every lot on Glen Arden Road was 80 feet by 200 feet and the poles were
spaced 80 feet apart. Chair Sand noted Ms. Richards was concerned that they did not
have 80 feet on their property.
There were no further comments made for or against the Site Plan Review.
Chair Sand closed the public hearing at 8:51 p.m.
Commissioner Larson asked staff if a bnilding permit application were approved and
issued, would the property line have to be established and located in order to get it in the
right location. Mr. Parrish responded it iIll depended on the circumstances. He noted if
the resident found the stake and could measure it, they would not require a survey. He
stated if there was a question about the property line, the building inspector could verifY
the line or they could require a survey.
Commissioner Larson asked what was the front setback. Mr. Hellegers replied the front
setback was 40 feet.
Commissioner Larson asked if they had room to the front for this garage. Mr. Hellegers
replied they probably could not put anything much further forward than proposed.
Commissioner Larson moved, seconded by Commissioner Ricke to deny Planning CilSe
#03-09, Bruce Gode, 3538 Glen Arden Road, Variance for the following reason:
. The state Statute definition of "undue hardship" is not met. In Chapter
462.357, Subdivision 6, (2), defines ''undue hardship" as a situation
where: "...the property in question cannot be put to a reasonable use if
used under conditions allowed by the official controls...". However, in
this particular inStance the official controls would allow the applicant a
reasonable use; construct a two-car garage somewhere behind the house or
continue to have an attached one-car garage. Also, as stated in staff's
report, the property could be put to a reasonable use without the granting
of a variance and therefore, does not demonstrate that there is an undue
hardship.
The motion carried unanimously (6-0).
UNFINISHED AND NEW BUSINESS
A.
COUNTY E-2 AND CLEVELAND AVENUE MORATORIUM.
Mr. Hellegers stated the City Council approved a moratorium on certain parcels in the
vicinity of County Road E-2 and Cleveland Avenue on February 10, 2003. These parcels
were currently zoned R-2. The current situation could result in development, which is
inconsistent with the City's Comprehensive Plan. As a result of the moratorium, the
Planning Commission needed to review the affected area to determine whether the
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H .
ARDEN HILLS PLANNING COMMISSION - APRIL 2, 2003
9
properties in the moratorium area should be zoned NB and whether the Comprehensive .
Plan needs to be amended to incorporate any recommended changes.
Chair Sand asked if the parcel west of the drainage ditch was zoned Neighborhood
Business. Mr. Hellegers replied that was correct.
Chair Sand noted if they went the rezoning route, the lots would be least affected. Mr.
Hellegers replied there would be some impact on all of the lots, but in terms of keeping it
consistent, staff was recommending the residential area be R-2 and the remaining area be
NB, which would make it more consistent with the Comprehensive Plan.
Commissioner Modesette asked if the size of the lot on the west side of the drainage area
would be sufficient for development. Mr. Hellegers replied staff was attempting to keep
this consistent with the Comprehensive Plan.
Commissioner Modesette suggested coming off the north side of the island and
straightened that line up to the lots that were not in the moratorium. Mr. Hellegers
replied that was a possibility.
Commissioner Zimmerman asked what was the ownership status on the lots divided by
the drainage easement and those lots south of the drainage easement. Mr. Hellegers
replied that certain lots on the west and south sides of the drainage easement had not
subdivided to become separate lots, these lots were still considered part of the lots .
fronting on New Brighton Road.
Commissioner Zimmerman stated even if they did indicate that the lots were NB, the
owners would need to subdivide their lot and sell it to a developer. Commissioner
Modesette noted there would be five residents that would need to subdivide their
property.
Commissioner Zimmerman noted this area might never be a neighborhood business
district because the residents might not sell their property. Mr. Parrish noted if they
rezoned to be consistent with the Comprehensive Plan and added the small lots on east
side of the ditch, they were not creating developable lots.
Commissioner Zimmerman asked if by adding portions of the lots to the south of
drainage ditch, was it necessary to have that portion of the property designed NB in order
to make that whole piece of property developable, or could it be developed as it currently
existed on the zoning map. Mr. Parrish replied it depended on what they wanted to see
there in the future - either a neighborhood businesses or a residential area.
Chair Sand stated if developers thought that the only suitable land available for
development was north of the ditch, why were they talking about rezoning the area to the
south. He asked why did they not deill only with the "island" and leave the area to the
south as R-2. Mr. Hellegers noted the reason the Planning Commission was reviewing
this issue was that if the area south of the drainage ditch remained zoned as R-2 it would .
not be consistent with the Comprehensive Plan.
Commissioner Ricke asked why this area was designated the way it was on the
Comprehensive Plan. Mr. Parrish stated the type of interest they saw on those lots was
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ARDEN IDLLS PLANNING COMMISSION - APRIL 2, 2003
10
from Bethel College and mini-storage facilities. He noted given the location of the
property and some of development constraints, it would need to be commercial or higher
density residentiill.
Commissioner Zimmerman stated the way the property was laid out in the Zoning Map
was sufficient and did not need to be changed. He noted if a developer wanted to change
the zoning, it would be up to them to come in for a rezoning request. He believed the
Future Land Use map should be changed to match the Zoning Map.
Mr. Hellegers noted there was also large electric trans:tnission lines along Cleveland
A venue and any development would need to be outside the easement area, approximately
100 feet back from the street. He iIlso noted staff had received requests from various
developers for businesses, as well as interest in constructing a single-family home.
Commissioner Ricke suggested leaving it up to the public hearing and the residents to
direct the Commission. .
Commissioner Zimmerman noted if there was not a need to change it at this time, why
change it. Mr. Parrish noted the purpose of the Future Land Use Plan was for the future
planning and the City needed to determine what they wanted to see there in 20 years and
not rely solely on resident input to make that decision.
Commissioner Ricke pointed out that the City did not know the reason the
Comprehensive Plan was laid out the way it was.
Commissioner Zimmerman noted he did not see the reason they needed to rezone this,
there appeared to be no need to do so and he did not want to split up residentiill property.
Commissioner Larson noted he supported the staff's recommendation because of its
proxi:tnity to the freeway. He stated he would like to see the area rezoned and this was a
good area for a neighborhood business.
Commissioner Modesette stated she agreed with Commissioner Larson and expressed
concern about creating an island between residentiill and neighborhood bnsiness. She
pointed out the three southern lots were already separated lots from the residential side.
Commissioner Bezdicek asked which lot had recently been separated. Mr. Rellegers
replied it was the second lot from the south.
Commissioner Ricke asked if it would be difficult to show the R-2 coming off of the
Southwest comer as suggested by Commissioner Modesette. Mr. Hellegers noted that
area would need to rezoned to be consistent with the Comprehensive Plan.
Chair Sand noted they would need to prepare a survey to go along with the topography.
Commissioner Zimmerman moved, seconded by Commissioner Larson to recommend
that the Commission supports the Current Zoning as it exists and change the
Comprehensive Plan Map (Future Land Use) to match the Zoning Map.
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ARDEN HILLS PLANNING COMMISSION - APRIL 2, 2003
II
Commissioner Bezdicek noted this area was more conducive to neighborhood business .
rather than residentiill development.
Chair Sand reminded Commissioner Modesette that she would need to abstain from
voting due to her owning property in this area.
The motion carried (3-2-1). (Chair Sand, Commissioners Zimmerman and Larson - Aye.
Commissioners Ricke and Bezdicek - Nay. Commissioner Modesette - abstain).
REPORTS
A. Planning Commissioners
None.
B. Staff
None.
C. Conncil Member
Council Member Larson updated the Commission on recent City Council actions.
ADJOURNMENT
.
Commissioner Ricke moved, seconded by Commissioner ZimIDernian to adjourn the
meeting at 9:45 p.m. The motion carried unanimously (6-0).
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tEN HILLS
MEMORANDUM
Date:
Agenda Item No. 4.A
August 13, 2003
To:
Mayor and City Council
From:
Cynthia Young, Deputy Clerk/Human Re .
Subject:
Amendments to Personnel Policy
BACKGROUND:
In 2002, the Council adopted the current Personnel Policy. Since that time, the Council has
addressed a number of issues including the adoption of the mandated Data Practices Policy
and pro-rated benefits for permanent part-time employees.
Staff has provided (to save on the paper copying of the entire document) only those pages of
the Personnel Policy which indicate mandatory and proposed amendments.
Following is the page number and discussion items and language changes of the proposed
amendments:
Pal!e Topic Amendment Comments
2 Benefits Delete "and any privileges" The annual benefit
summary is mentioned on
page 22.
2 Compensatory Time Delete "at the employee's FLSA Mandate
rmal ~I(h' "
no stral t tune.. ..
2 Flex-Time Add provision
3 Overtime Delete "Means work" Reolace with "Duties"
3 Personal Time Off AddPTO
3 Probationary Period Delete "specific" Replace with
"desi<mated"
8 EMPLOYEE Refer to Data Practices
RECORDS Policy
9 PERSONNEL Refer to Data Practices
RECORDS AND Policy
FORMS
9 BACKGROUND Refer to Data Practices
CHECKS Policy
10 RECRUITMENT AND Delete "properly inducted" Replace with "taken"
SELECTION
10 RECRUITMENT AND Delete "In addition, no City Past practice in
SELECTION employee is to be assigned Operations and
so< 'bilitv. " Maintenance Deoartment
res onSl .....
22 Overtime/Compensatory Delete "Employees must FLSA Mandate
Time utilize compensatorv. .."
22 BENEFITS/Insurance Delete "regular full time" Add "regular full and part
time"
22 Insurance Add "annual" benefit
surnmarv
25 Personal Time Off Delete "Employees working
an averal?e. . . n
25 Personal Time Off Add "Personal time off
for part time employees
shall be prorated"
25 Personal Time Off Add "not to exceed 240
hours"
26 EXEMPT Add language for exempt
EMPLOYEES FLEX- employees clarifying flex-
TIME GUIDELINES time usage and limiting
the amount of accrual.
RECOMMENDATION:
Staff recommends Council discussion and direction regarding adoption of noted
amendments.
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City of Arden Hills Personnel Policy
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Effective June 29, 2002
DEFINITIONS
. Anniversary Date
Shall mean the month and day of initial hiring or
promotion of an employee.
Benefits
Benefits shall mean indirect compensation ...allfi}'
pfi ;ilege. granted to employees.
Benefit Year
March 1 - February 28.
Certified Bargaining Unit
Group of employees who have been determined by
the State to have a common interest in the
collective bargaining process and whose interest has
been determined as appropriate by the State.
Class
A position or group of positions similar in respect
to their duties and responsibilities so that the same
tide can reasonably be used and the same salary
schedule may be applied to the position.
Compensatory Time
Time off from work at the eR1f'loyee'J floffillll
sErllight I'ime rste of rOY. Fer rcg,dsr for employees
not exempt from the provisions of the Fair Labor
Standards Act., Ceompensatory time shall be
computed at one and one-half times the number of
overtime hours worked.
. Demotion
.
The placement of an employee in a position having
a lower pay and! or less responsibility than the
position previously hdd. This could involve a
reduction in salary due to incompetency,
inefficiency, or misconduct.
Exempt Employee
An employee who is exempt from the overtime
provisions of the Fair Labor Standards Act.
Flex-Time
Time off from work for exempt employees.
May only be used in increments of 9-hours or
less, no consecutive days, maximum accrual of
80 hours.
Grievance
A dispute or disagreement regarding the
interpretation or application of the specific terms
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City of Arden Hills Personnel Policy
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Effective June 29, 2002
and conditions of a labor agreement or City policy.
. Immediate Family
The spouse, children, siblings, parents,
grandparents, aunts, uncles, nephews, nieces, in-
laws or grandchildren of an employee.
Lay-Off
The temporary dismissal from employment of an
employee for an unspecified length of time. During
a period of lay-off, employees do not accrue
benefits and are not credited with service.
Municipal Service
Employed by the City.
Non-Exempt Employee
An employee who is not exempt from the overtime
provisions of the Fair Labor Standards Act.
I Overtime
MeRI.' .. ed,Duties performed at the express
authorization of the Employer in excess of the 40
hours per work week.
I Personal Time Off
Personal Time Off (PTO) ts authorized paid
absence from duty.
Position
Employment calling for the performance of
specified tasks which constitute the total work
assignment of a single employee.
. Ptobationary Employee
One who has been assigned to a regular full-time or
regular part-time position but who has not
completed the probationary period.
I Probationary Period
A 'I'eeifie designated period of time after the
original appointment of any regular full-time or
regular part-time employee. 1his period is a trial
period considered as an integral part of the
examination process during which an employee is
required to demonstrate fitness for the position and
ability to meet required performance standards of a
position.
Promotion
The placement of an employee in a position having,
a higher pay range and/or more responsibility than
the position previously held.
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Effective June 29, 2002
RESIDENCY REQUIREMENTS
Employees of the City are not required to establish and maintain their residence within the
corporate limits of the City.
EMPLOYEE RECORDS
Employee records are maintained in the Deputy Clerk/Human Resources Director'"
Office. Laws regarding data privacy, as adopted in the Data Practices Policy found in the
Addendum, are stricdy followed.
It is important that your permanent personnel records are kept accurate and up-to-date. You
must immediately notify the Deputy Clerk/Human Resources Director when there is a
change in any of the following:
-Name (through marriage or otherwise)
-Address
-Marital status
-Beneficiaries for life insurance and retirement
-Telephone number
-Person to contact in case of an emergency
This data is private and is not revealed without your pennission.
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Effectivejune 29, 2002
PERSONNEL RECORDS AND FORMS
In order that proper reports may be made and records maintained concerning the various
personnel activities, the City Administrator shall develop, or cause to have developed and
installed, appropriate forms and records for this purpose. The Deputy Clerk/Human
Resources Director shall have responsibility for maintaining and coordinating all necessary
personnel records. The City Administrator or his/her designee shall advise all employees on
all personnel transactions, records systems and procedures.
Any employee or the employee's designated representative, when authorized in writing by the
employee, may review such employee's Official Personnel File maintained in the Deputy
Clerk/Human Resources Director" office upon request to the City Administrator. Such
review may be made during regular office hours consistent with the conditions established by
the City Administrator.
BACKGROUND CHECKS
A final applicant for a City position will be subject to a criminal history investigation. Before
the investigation is undertaken, the finalist must authorize, in writing, the City to undertake
such an investigation on a form approved by the City Attorney, and provided by the
Deputy Clerk/Human Resources Director.
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City of Arden Hills Personnel Policy
Effective June 29, 2002
RECRUITMENT AND SELECTION
All appointments in the municipal service shall be made according to job-relevant
qualifications, merits and fitness as determined by the City Council or City Administrator.
Appointments to municipal service shall be made by the Appointing Authority.
The basic recruitment and selection policies of the City are to take whatever measures
necessary to seek out and to encourage properly qualified individuals to apply for positions at
all levels of City service and to provide assurance that the best qualified applicants are
l'rsperl f ifuJueted taken into municipal service. No person shall in any way be favored or
discriminated against because of race, color, creed, age, marital status, sex, political opinion or
affiliation, disability, sexual orientation, or welfare assistance status.
In making a selection from among candidates to fill vacancies, the City may use written, oral
or performance tests, an evaluation of training and experience, or any combination of these.
Investigations of background, character, education, experience or physical fitness may also be
required.
Any applicant or employee giving false or misleading information on an application form,
cheating on an examination, or falsifying a statement, certificate or evaluation shall not be
considered for employment or shall be subject to immediate dismissal. Fraud or attempts to
commit fraud which would preclude the City from impartially executing these provisions
shall be cause for the City to refuse to appoint an applicant or to dismiss an employee.
No person seeking employment or promotion shall, either directly or indirecdy, attempt to
influence the City Administrator or City Council in any way with money, services, or other
remuneration.
The City does not restrict employment of more than one member of a family or persons
related by blood or marriage. However, to avoid conflict of interest, no City employee may
take part in decisions to hire, retain, promote or determine the salary of his/her immediate
family member. IfI .a<liEiefl, fie City '''''pIe)',,, j,. to s, H.1,igned re.apo"oisilil'j" ["r suI'C...~,itlg
ana cli:reetil~g the i'".of'l: sf hi,,/hu in...me,ai;,u ti~[~1:ily ffietLber.
Appointment to a position of municipal service shall not be construed to be a property right
of the employee. All employees are appointed by and serve at the sole discretion of the City
Council.
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City of Arden Hills Personnel Policy
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Effective June 29, 2002
COMPENSATION
Setting of Salaries
Salaries for all GI:y employees are set by City Council, based on the recommendation of the
Gty Administrator.
Pay Date
It is the policy of the Gty of Arden Hills to compensate employees for service on a bi-weekly
basis. Pay period shall extend for a 14-day work period beginning on Saturday and ending on
Friday. Paychecks shall be issued no later than the following Friday. Employees shall not
receive paychecks before the scheduled pay date without the prior consent of the City
Administrator. When a pay date falls on an official holiday, employees will receive their
checks on the last working day before the holiday.
Overtime/Compensatory Time
It is recognized that in order to maintain basic services under unusual circumstances,
emergencies, and peak workloads, employees may be required to work overtime.
Overtime/Compensatory Time will be paid for all supervisor approved time worked over
forty (40) hours per week at the rate of 1 '12 times the employee's regular hourly rate. When
computing hours worked - if an employee takes Personal Time Off during the week that
he/ she works more than 8 hours a day, he/ she is not eligible for overtime compensation
during that week.
Effi(31.3J e.c.. 1..d,JS( utilize Co.l'flP€l1Sl11rot} flours befon the. encl aE the :K11le,i\.1ng bi ~\e.clJ? pay
pefiefr.
The supervisor must pre-approve overtime unless an emergency arises.
BENEFITS
Insurance
All reg,,""r fuR an,. regular full and part time employees shall be required to participate in
the Employer's group health, dental, life, and other applicable insurance programs. The
Employer shall contribute a monthly sum established annually by the Council.
Detailed analysis of the current insurance program shall be included in the annual benefit
sununary.
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City of Arden Hills Personnel Policy
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Effective June 29, 2002
PERSONAL TIME OFF
Personal Time Off (PTO) is authorized absence from duty.
Regular full and part rime employees Empie,'..' ..odcing Afia,erage of Wlloe"" per ~'.ck
011 'H ',Hlm.J loa,,;. are eligible for Personal Time bff (PTO). EmpJoyees may not use
Personal Time Off until successful completion of their probationary period, although
Personal Time Off accumulates during this time. Personal time off for part time
employees shall be pro-rated.
The following chart provides information regarding Personal Time Off. Years of service are
calculated from the anniversary date of employment.
PERSONAL TIME OFF SCHEDULE
Completed Years
of Service
0-5
6-10
after 10
Personal Time
7 hours bi-weekly
9 hours bi-weekly
10 hours bi-weekly
Benefit year for Personal Time Off is March 1" through February 28". A maximum of240
hours of Personal Time Off may be carried over from benefit year to benefit year. Carry-over
beyond 240 hours of Personal Time Off will only be made under special circumstances with
approval from the City Administrator.
All empJoyees must receive permission from the department supervisor or City Administrator
at Jeast ten (10) working days prior to taking Personal Time Off when Personal Time Off is
to extend for a period of more than three (3) consecutive days. If three (3) consecutive days
of unschednled Personal Time Off are used, the supervisor shall make an inquiry into the
empJoyee's absence, and the empJoyee shall cooperate in authorizing the supervisor to obtain
any necessary medical, hospital or other records that validate the unscheduled absence. If the
Personal Time Off is to be for eight (8) hours or Jess, permission will be granted without
notice if their supervisor feels that City service will not be adversely affected. Priority will be
given to Personal Time Off scheduling hased on the earliest date of request. Personal Time
Off scheduling for departmental employees is the responsibility of the department managers.
No employee will be permitted to use Personal Tune off for the purpose of receiving double
pay.
Any employee leaving the service of the City in good standing will be compensated 1 ()()% for
Personal Time Off accrued, not to exceed 240 hours, to the day of separation provided said
employee has served at least twelve (12) consecutive months prior to separation and has given
the City at least two weeks notice prior to the effective date of such separation. Such pay for
accumulated Personal Time Off will be at the same rate as the hourly rate of the empJoyee's
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base salary. Personal Time Off may not be used to extend an employee's actual tennination
date.
When a paid holiday falls on a working day during an employee's Personal Time Off, the day
of the holiday will not be counted as a day of Personal Time Off.
One (1) day of Personal Time Off shall equal eight (8) hours for full time employees.
In the case of disability from a work related disease or injury for which Worker's
Compensation benefits are available, an employee may elect to use Personal Time Off
benefits rather than Worker's Compensation benefits by notifying the City Administrator of
their election. Under no circumstances can an employee receive both Personal Time Off and
Worker's Compensation benefits for the same period of disability, except if the employee
elects to receive Worker's Compensation benefits he/ she may also use Personal Time Off to
the extent necessary to increase their income to their net wage prior to the injury or onset of
the disease.
EXEMPT EMPLOYEE FLEX-TIME GUIDEUNES
Exempt employees may accrue flex-time on a I: 1 ratio for attending various meetings outside
of their normal work day. Exempt employees may use accrued flex-time as approved by their
s"upervisor, but no more than 9 consecutive hours of flex time may be used. Exempt
employees shall Rot he 1'8id be compensated for no more than eighty (80) hours of
accrued flex-time upon tennination.
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Mayor:
Beverly Aplikowski
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~HILLS
Arden Hills City Council
Thursday
August 28, 2003
1245 W. Highway %
Arden Hills, Minnesota
55H2
651.634.5120
Council Members:
David Grant
Brenda Holden
Gregg Larson
Lois Rem
SPECIAL
MEETING
City Vision
A strong community that values our unique environment, our fiscal soundness, and our tradition
as a desirable lace in which to live, work. and lay.
Meeting Convenes
6:00 p.m.
AGENDA
1. TCAAP Master Planning Advisory Panel
..
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Silseth, Pang
ttfm:
t:
0:
Subject:
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08-25-03.doc (115
KB)
Silseth, Pang
Thursday, August 21, 20034:47 PM
Timesaver; Bulletin; CTV15; Focus News; Gammell, Ken; Pioneer Press; Ramsey Co.
Sherriff's; Startribune
Council Meeting Agenda, August 25, 2003
Pang Silseth
Office Support Specialist
City of Arden Hills
Phone: 651.634.5120 Fax: 651.634.5137
Webslte: www.cLarden-hills.mn.us
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