HomeMy WebLinkAboutCCP 06-26-2006
Councilmembers:
David Grant
Brenda Holden
Gregg Larson
Vincent Pellegrin
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Arden Hills City Council
1245 W. Highway 96
Arden Hills, Minnesota
55112
651.634.5120
www.ci.arden-bills.mn.us
Mayor:
Beverly Aplikowski
REGULAR MEETING
Monday
June 26, 2006
City Vision
A strong community that values our Wlique environment, 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. APPROVAL OF AGENDA
2. APPROVAL OF MINUTES
A. June 12,2006 City Council Meeting
B. June 12,2006 Work Session Meeting
3. CONSENT CALENDAR
A. Claims and Payroll
B. Motion to Approve the Cooperative
Agreement with Ramsey County for
Highway 96 Landscaping Improvements
4. PULLED CONSENT ITEMS Those items that arc pulled from the Consent Calendar will be removed hom
the general order of business and considered separately in its nonnal sequence
on the agenda.
Those items listed under the Consent Calendar are considered to be routine by
thc City Council and will be enacted by one motion under a Consent Calendar
format. There will be no separate discussion of these items, unless a Council
Member so requests, in which event, the item wjll be removed from the
general order of business and considered separately in its normal sequence on
the agenda.
5. PUBLIC INQUIRIESfINFORMATIONAL Public Inquiries/luformatioual is an opportunity fur 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
summary of the specific item being addressed to the Council. To allow
adequate time for each person wishing to address the Council, we ask that
individuals limit their comments 10 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.
6. PUBLIC HEARINGS
A. Abatement Hearing for 3150 Hamline Avenue
Dave Scherbel! Jerry Fiila
7. NEW BUSINESS
A. Community Foundation
8. UNFINISHED BUSINESS
A. Motion to Approve the City's New Sign Code
B. Motion to Approve the Parks and Trails Strategy Plan
C. Motion to Approve the Purchase Agreement with Royal Oaks
for the Old City Hall Property
D. TCAAP Update
9. COUNCIL REQUESTS
ADJOURN
Work Session-Following the Regular City Council Meeting
. 3153 Shoreline Lane Driveway Discussion-2004 PMP Project
Closed Session-Following the Work Session
. TCAAP land Sale Negotiations - Pursuant to MS 13D.05 SUBD 3.c3
Arden Hills City Council Agenda
June 26, 2006
Page 2
Michelle Wolfe
Karen Bar/on/James Lehnhoff
Michelle OlsonlPTRC
Karen Barton
Karen Barton
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Message
Page 1 of1
Jackie Freppert
From: Jackie Freppert
Thursday, June 22,200612:56 PM
timesaver02@aol.com; bob. fletcher@co.ramsey.mn,us; bulletin@lillienews.com;
cwilson@ctv15.org; dprobst@mspmac.org; egurnon@pioneerpress.com; focus@mnsun.com;
kmaltrnan@msn.com; mlsmith@startribune.com; smccann@startribune.com;
sschroeder@smithmicrotech.com
Subject: Agenda for 6/26/06 City Council Meeting
Sent:
To:
Jackie Freppert, Office Support Specialist
City of Arden Hills
Phone 651.634,5120
Fax 651.634,5] 37
www.ci.arden-hills.mn.us
6/23/2006
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Approved:
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
JUNE 12,2006; 7:00 P.M.
ARDEN HILLS CITY COUNCIL CHAMBERS
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 7:02 p.m.
Present:
Mayor Bevcrly Aplikowski, Councilmembers David Grant, Gregg Larson,
and Brenda Holden,
Absent:
Councilmembcr Vincent Pellegrin (excused).
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Also present were City Administrator, Michelle Wolfe; City Attorney, Jen'y Filla (arrived
at 8:00 p,m.); Chief Financial Officer/Treasurer, Murtuza Siddiqui; Community
Dcvelopment Director, Karen Barton; City Engineer, Deb Bloom; Assistant City
Administrator, Schawn Jolmson; City Planner, James Lehnhoff; and Recording Secretary,
Kathleen Altman.
1.
APPROVAL OF MEETING AGENDA
MOTION: Councilmember Grant moved and Councilmember Larson seconded a
motion to approve the meeting agenda as presented. The motion
carried unanimously (4-0).
2. APPROVAL OF MINUTES
A May 22,2006 City Council Meeting
B. May 22,2005 Work Session Minutes
C. May IS, 2006 City Council Meeting
D. May IS, 2006 Work Session Minutes
Councilmember Holden requested the following changes: May IS, 2006 Council Work Session
. Meeting, change the heading to reflect the mccting started at 5:00 P.M. May 15,2006 Council
ARDEN HILLS CITY COUNCIL - JUNE 12,2006
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Work Session, Page 1, change the heading to reflect the meeting was scheduled to start at 5:05
P.M., and change the call to meeting time from 5:00 p.m. to 5:15 P.M., Page 4, at the bottom of .
the page add: Councilmember Pellegrin left the meeting at 6:45 p,m. Page 6, 8'h paragraph
should read: Mr. Duane Schwartz noted that streets that have curb and gutter may not be
considered a candidate for edge, mill and overlay. May 22, 2006, City Council Meeting, Page 3,
first paragraph, add to the last sentence: but noted the City Council was protecting the City
against very large billboards and illuminated signs. May 22, 2006 City Council Work session,
Page 2, first full paragraph, 2nd sentence, change Tone to Tony, Page 3, 4th paragragh, I"
sentence, change order to older.
Mayor Aplikowski requested the following changes: May 15, 2006 City Council Work Session,
Page 3, 5'h paragraph should read: Councilmember Grant agreed with thc proposed changes. He
requested that important financial dctail will not get lost in this change.
MOTION: Councilmember Larson moved and Councilmember Holden seconded a
motion to approve the May 22, 2006 City Council Meeting Minutes as
amended; the May 22, 2006 Council Work Scssion Minutes as amended;
May 15, 2006 City Council Meeting as amended; and the May 15, 2006
Work Session Meeting as amended. The motion carried unanimously (4-
0).
3. CONSENT CALENDAR
c.
d.
Claims and Payroll
Motion to Accept the National Incident Management System Training Requirements for
Members ofthe City Council and City Staff
Motion to Approve the O&M Director Recruitment Plan
Motion to Approve Payment #1 to Margolis Company in the amount of $137,513.11 for
the Highway 96 landscaping improvements
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a,
b.
MOTION: Councilmember Grant moved and Councilmember Larson 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. PULLED CONSENT ITEMS
None,
5. PUBLIC INQUIRIES/INFORMATIONAL
Dave Cmiel, stated he had emailed Ms. Wolfe regarding a decision the City needed to make
regarding the development of Highways 96 and 10. He asked the City to make a stand regarding
this issue. He believed this is the time for the City to make a decision. He indicated once the
State made a decision, the City would have no control over the development. He stated this was .
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ARDEN HILLS CITY COUNCIL - JUNE 12,2006
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a big issue and he believed the City should push the issue with the City and County, He
indicated the City did not need another freeway in the City, Mayor Aplikowski thanked him for
his comments and stated this issue was scheduled for Council discussion at the next work
sessIOn.
6. PUBLIC HEARINGS
None.
7. NEW BUSINESS
A. Motion to Approve the City's Storm Management Poliev
Ms. W oUe stated due to the severe storms that passed through the City last fall, City staff had
been working on a storm debris removal policy, The rationale for the storm debris removal
policy was to provide the City Council and City staff members with a flexible plan that could be
used to address different storm elean-up scenarios that might impact the City.
Mr. Johnson reviewed the proposed criteria for deelaring a City-wide storm elean-up effort
He recommended COlmcil approve the proposed storm debris removal policy.
Councilmcmber Holden asked if the Operations and Maintenance Department would have
access to sufficient generators for the lift stations if there were a need. Mr. Johnson replied
Ziegler Company had sufficient generators for cities to rent and they had a 24-hour phone
number.
Ms. Wolfe noted Ziegler could not guarantee a generator would be available, but they had a large
supply and she did not believe obtaining generators would be an issue,
Councilmember Holden questioned the 70 percent requirement She noted a tornado could do
extensive damage in one area of the City, which would create a hardship for that neighborhood,
but would not meet the 70 percent city-wide requirement. Ms. Wolfe stated staff had talked
about different scenarios, but they thought 70 percent made sense as a starting point and Council
could always override that requirement. She noted there could be some hardship consideration if
the Council wanted,
Mayor Aplikowski stated she believed if this was contained to one neighborhood the Operations
and Maintenance staff, along with resident's assistance, could handle the elean-up.
Mayor Aplikowski asked if there would be a communication plan. Mr. Johnson stated they
have an internal procedure that staff had put together that they would follow which outlined the
rules and responsibility of stall" members and what their functions were if there were emergency
situations. He indicated one of those functions was communication with the County, media, ete.,
to get the information to the residents.
ARDEN HILLS CITY COUNCIL - JUNE 12,2006
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Mayor Aplikowski stated she would like to see communications cross-referenced in this policy .
also. Councilmember Holden agreed. She indicated this could especially be an issue if
residents did not have electrical services.
Mr. Johnson acknowledged this was an issue and that, if necessary, staff would go door to door
to get information out to the residents.
MOTION: Councilmember Larson moved and Councilmember Grant seconded a
motion to approve the storm debris removal policy. The motion carried
unanimously (4-0),
B. Motion to Annrove the City's 2006-2007 Snow Plowinl!:, Snow Removal, and Ice
Control Policv
Mr. Johnson stated the City last updated its Snow Plowing, Snow Removal, and lee Control
Policy in 2001. Since 2001, the Operations and Maintenance Department had divided the City
into three different plowing zones, with two snowplows assigned to each route. In the current
policy, the City identified four different plow routes. Over the years, the Operations and
Maintenance Department had found that three plow routes were more efficient for snow removal
operations. Also, it was more effective for the Operations and Maintenance Department to have
two plow tnIcks working simultaneously within the three plow route areas. A second proposed
change to this policy was the maintenance of sidewalks and trails within the City, The City's
maintenance department handles snow removal activities for a majority of the City's parks and
trails. Due to safety and equipment concerns, City staff was requesting that the following trail
locations not be maintained by the Operations and Maintenance Department during the winter
months: Arden View Drive to Colleen Avenue Trail; Cummings Park-Lexington Avenue to
Cummings Ball Ficld; Cummings Park-North Water Tower to Hamline Avenue, The steep
grades and icy conditions made the aforementioned locations dangerous to maintain during the
winter months. In order to protect the safety of City employees and to minimize liability to the
City staff, it is recommended the aforementioned trails not be maintained this winter and be
posted as "Minimal Maintenance Trails".
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He indicated City staff was currently researching the possibility of utilizing a neighboring
community's trail maintenance machine for snow removal operations at these three locations, If
successful in working out an agreement with a neighboring community, City staff would
continue to maintain the Arden View Drive and Cummings Park Trail section this winter.
A third proposed change to the existing policy is the repair of sod within the City's right-of-way
due to snowplow damage. The City's existing policy does not address this topic very clearly. It
is very important that the City have a sod damage replacement policy that clearly states what the
expectations were for the maintenance department concerning the replacement of damaged sod
within the right-of-way. In the past, City staff had been asked by residents to install sod, grass
seed, and irrigate the boulevard areas due to snow plow damage. In the future, City staff is
recommending that the City utilizes black dirt and grass seed for boulevard repairs, The .
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ARDEN HILLS CITY COUNCIL - JUNE 12,2006
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proposed change would create a standard for the City to follow and minimize confusion amongst
the Operations and Maintenance Department regarding whether or not the City would purchase
and install sod for the residents. Also, language has been added to the proposed policy that states
the City will not repair/replace sod that was damaged due to the application of sand, salt, or other
de-icing chemicals.
A fourth proposed change was the addition of language that states the City would not repair plow
damage to trees, shrubs, landscaping materials, decorative rock, brick walls, and
lawn/landscaping irrigation (sprinkler heads) systems in the right-of-way, Residents that place
the aforementioned items within the right-of-way were doing so at their own risk.
He recommended Council approve the proposed Snow Plowing, Snow Removal, and Ice Control
Policy,
CounciImcmber Grant asked if the black dirt and seeding was complaint-driven. Ms. Wolfe
responded it was complaint driven.
CounciImember Grant stated they should not have to require residents to complain before it is
fixed. He noted staff drove the City enough in the spring that when they saw damage from a City
plow they should seed the area without a complaint from the resident being necessary.
Mayor Aplikowski noted some residents might prefer to repair this themselves and it was a
communication issue.
Councilmember Holden stated she liked the idea of not providing sod and believed going with
black dirt and grass seed was appropriate.
CounciImember Grant asked if there should be language in the policy that stated the City did
not want large decorative rock, or other structures placed in the right-of-way that might do
damage to the snowplows. Mr. Johnson stated staff had been advised to inform the residents as
they saw structures in the right-of-way that they be removed.
Ms. Wolfe recommended adding a sentence about structures not being placed in the right-of-way
in the policy.
Mayor Aplikowski suggested either in this policy or in a newsletter article that the residents
receive an explanation of what the right-of-way is.
Mr. Johnson stated in the future staf[would bring this policy to Council annually for approval.
Mayor Aplikowski asked if the proposed sign age for the trails not maintained was sufficient.
Mr. Johnson responded he would verify this with the City Attorney,
ARDEN HILLS CITY COUNCIL - JUNE 12, 2006
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Councilmember Holden asked why at times it took plows all day to clear the streets. Mr. .
Johnson responded it depended on the amount of snow, how large of a crew they had that day,
and other factors.
MOTION: Councilmember Grant moved and Councilmember Larson seconded a
motion to approve the Snow Plowing, Snow Remova], and Ice Control
Policy as amended. The motion carried unanimously (4-0).
C. Planning Case 06-017: Site Plan Review for Len Gallns, 1104 Amble Drive
Mr. Lehnhoff stated the applicant was requesting a site plan review to construct a six-foot high
fence in the front yard along Lexington A venue and near the southwestern comer of Lexington
Avenue and Amb]e Drive. He indicated the Planning Commission voted unanimously to
recommend the planning case subject to the following six conditions:
1. The project shall be comp]etcd in accordance with the plans submitted. Any
significant changes to these plans, as determined by the City Planner, shall require
review and approval by the Planning Commission.
2. The applicant shall keep the fence maintained and promptly repaired if any damage
occurs to the fence, including graffiti.
3. The applicant shall maintain the vegetation on the Lexington Avenue side of the
fence.
4. The applicant shall locate the utilities near the proposed fence before the fence permit
is issued. The applicant shaH comply with any setback set by the utility company, .
5, The fence shall not encroach on the pubic right-of-way. The lot lines shall be located
prior to the issuance of a fence permit.
6. The fence shall not infringe on the lines of sight for Lexington Avenue and Amble
Drive. The fence permit shall be subject to approval by Ramsey County to ensure that
the lines of sight arc protected.
He recommended Council approve the Site Plan Review for 1104 Amble Drive.
MOTION: Councilmember Grant moved and Counci]member Holden seconded a
motion to approve Planning Case 06-0]7: Sitc Plan Review for Len
Gallus, ] 104 Amble Drive, subject to the six conditions as outlined in
staffs June 8, 2006 report. The motion carried unanimously (4-0).
D. P]annin!! Case 06-018: Site Plan Review for 1212 LLC at 1212 Red Fox Road
Mr. Lehnhoff stated the applicant was requesting a Site Plan Review to modify the exterior of
the existing building at 1212 Red Fox Road in the B-4 Zone. He noted the Planning Commission
voted unanimously to recommend approval subject to the following four conditions:
1. The project shall be completed in accordance with the plans submitted. Any
signi licant changes to these plans, as determined by the City Planner, shall require
review and approval by the Planning Commission.
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2. The applicant shall obtain the necessary building pem1its before beginning any
modifications to the exterior of the structure.
3, Signage shall comply with the Sign Code, Signage shall not be installed without any
approved sign permit
4. Lighting shall conform to the requirements in Section 6.E.3 of the Zoning Ordinances.
Lighting shall be directed away from adjacent properties, hooded, and not cast light
that exceeds a meter reading of one foot candle on the travel lanes of adjoining public
streets or .4 foot candles on adjoining residential property.
He recommended Council approve the Site Plan Review for 12] 2 LLC at ] 212 Red Fox Road.
Councihnember Grant inquired about the materials used, Mr. Davidson, the applicant,
responded the main surfacing would be a cement finish applied directly to the block. With
respect to the base, they were still working on that particular application. However the base
would be a rock faced block, artificial stone material or other similar material. He indicated it
would be a material that would be damage resistant
Councilmember Larson inquired about the difference in the two entrances. Mr. Davidson
stated the entrance in the middle was generated by the tenant in hopes of creating a statement for
their entrance. He noted they were continuing to define the northerly entrance and he believed
the north entrance would also be prominent
Couucilmember Holden asked ifthere would be new lighting added. Mr. Davidson responded
currently the lighting on the east edge of the building would be removed and new pole lighting
on the far eastern end of the parking lot would be added.
MOTION: Councilmember Larson moved and Couneilmember Grant seconded a
motion to approve Planning Case 06-0]8: Site Plan Review 12]2 LLC at
1212 Red Fox Road based on the submitted plans and nine findings of fact
subject to the four conditions in the planning case report. The motion
carried unanimously (4-0).
Mayor Aplikowski recessed the meeting at 8:16 p.m, and reconvened the meeting at 8:25 p.m.
8. UNFINISHED BUSINESS
A. Motion to Reieet/Aceept Bids for the 2006 Ridl!ewood PMP Construction Proiect
Ms. Bloom stated at the May 18 Counei] meeting, the Council considered the bids received on
May] 1,2006 for the 2006 PMP Ridgewood Neighborhood Improvements. Amt Construction
submitted the low bid with a total bid amount of$I,808,584.32.
At that meeting, Council tabled the award of this bid in order to provide staff time to find ways to
reduce the overall cost of this project so that they would be more in line with the available funds.
ARDEN HILLS CITY COUNCIL - JUNE 12, 2006 8
She indicated the low bid was approximately $289,625.90 higher than the Engineer's Estimate .
and $437,894.32 higher than the Feasibility Estimate. She stated they had found a number of
areas where they could reduce the scope without compromising the integrity of the project. In
addition to these reductions, they identified a few other line items that have the potential for
reductions, however, she recommended they manage these quantities through construction
observation, She reviewed the proposed reductions in the contract quantities.
She recommended Council award the bid to Amt Construction. To reduce the award bid, the
Council would then approve Change Order #1, containing the items noted in her report to reduce
the total bid by $118,690, 16. The Change Order would alter the total bid award to
$1,689,894.16.
Ms. Wolfe reviewed the CIP cost impacts.
Councilmember Grant inquired about the offsets for capital improvements and asked ifthey
needed to make a decision on that at this meeting. He asked i fthe alternatives were small or large
items. Ms. Bloom responded staff would pay particular attention to the cost of retaining walls
and trees.
Councilmember Larson believed they needed to do this street reconstruction and they had other
sources for funding, such as the General Capital Fund.
Councilmember Holden asked if someone backed out of having a rain garden, how that would .
affect the project. Ms. Bloom responded this would not require a re-engineering and would
actually reduce the cost because there would be no excavation necessary for the pond.
Councilmember Holden asked what the project time line was. Ms. Bloom replied she believed
everything would get done this year, with the exception of the landscaping which would be done
in spring of2007.
Councilmember Holden asked if this neighborhood was being shortchanged by not doing the
watermain changes. Ms. Bloom responded the scope changes would not compromise the project
and ifwatermain needed to be replaced, it would be replaced.
MOTION; Councilmcmber Larson moved and Mayor Aplikowski seconded a motion
to award the 2006 PMP Ridgewood Neighborhood Improvement Project
to Amt Construction and approve Change Order #1, The motion carried
unanimously (4-0).
MOTION; Councilmember Holden moved and Councihnember Grant seconded a
motion to approve Change Order #1 for the 2006 PMP Ridgewood
Neighborhood Project. The motion carried unanimously (4-0).
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B. Retreat Follow-up: Citv Council Goals
Ms. Wolfe stated in March 2006 the City Council conducted a retreat. One ofthe outcomes was
the development of Council goals. The goals were to serve as a work plan for the Council during
2006. Once the goals were approved, staff would include the list as a regular part of the meeting
agendas. Staff would also provide periodic reports on progress toward these goals.
She recommended Council approve the City Council 2006 Goals.
Councilmember Holden suggcsted clari fying item 3 - Road Benchmarks to make it clearer as to
what Council was refening to.
Councilmember Grant suggested changing item 8 to state: Leadership/Building staff
capabilities/Retaining good staff He suggcsted changing item 10 to state: Maintain a Iibrarv
presence in Arden Hills.
MOTION: Councilmember Grant moved and Councilmember Holden seconded a
motion to approve the Arden Hills City Council 2006 Goals as amended,
The motion carried unanimously (4-0),
D. TCAAP Update
. Ms. Barton updatcd on the Council on recent TCAAP developments.
9. COUNCIL REOUESTS
A. Councilmember Grant stated he would not be at the next work session and Council
meeting as he would be on vacation.
B. Councilmember Holden inquired about the Economic Survey and how it was bcing
handled. Ms. Barton responded there was a typographical error in the dates, which were
supposed to be for this wcek and not last week. She stated thc survcy rcsults were still valid and
cncouraged people to log-in and fill out the survey.
Mayor Aplikowski adjoumed the Regular City Council Meeting meeting at 9:02 p.m.
Bcvcrly Aplikowski
Mayor
Michelle Wolfe
City Administrator
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NOTICE OF MEETINGS
The next Council Meeting will be held Monday, June 26, 2006 at 7:00 p.m. at the Arden Hills
Council Chambers.
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Approved:
CITY OF ARDEN HILLS, MINNESOTA
CITY COUNCIL WORK SESSION
JUNE 12, 2006; 9:07 P.M.
ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER
Mayor Aplikowski called the meeting to order at 9:07 p,m,
Present:
Mayor Aplikowski, Council members David Grant, Brenda Holdcn, and
Gregg Larson,
Absent:
Councilmemher Vincent Pellegrin (cxcused),
Staff Present: City Administrator, Michelle Wolfe; Chief Finance Officcr/Trcasurer,
Murtuza Siddiqui; Community Development Director, Karen Barton; Fire Chief, Tim
Boehlke; Assistant Fire Chief, Ralph Adair; and Rccording Secretary, Kathleen Altman.
LAKE JOHANNA FIRE DEPARTMENT CAPITAL BUDGET FINANCING
Ms. Wolfe stated the Lake Johanna Fire Department (LJFD) Board of Directors met on May 31,
2006. Onc of the main discussion points was capital equipment financing. Last year a ncw
fonnula was adoptcd for thc LJFD operating budget expenses. In the 2006 budgct, operating
expenses were based on the new formula.
The Fire Board was now considering a proposal to apply the new operating budget formula to
capital equipment purchases, (Station maintenance and repairs would remain under the current
formula outlined in staff's report.) There were many reasons for considering this change:
. Thc current process for funding capital equipment is inconsistent, difficult to understand,
and difficult to explain,
. It was very difficult to document how much each City had contributed to equipment
purchases in thc past
. Thc current system subjects member cities to large ebbs and flows in capital spending
fi'om year to year, dcpcnding on whethcr or not a largc piece of equipment needed to be
funded.
ARDEN HILLS CITY COUNCIL WORK SESSION - JUNE 12,2006
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. It was not always clear to whom the equipment belongs: To a specific city or cities, to the .
Fire Department, or to a combination of both?
. Because it was not clear who the equipment belongs to, it was not clear who should keep
proceeds from a sale,
. This system does not acknowledge the reality that while a piece of equipment may be
housed in a certain station, the reality is that all equipment was available to respond to
calls in all three cities, and they are used in all three cities.
Under the new fODllula, the following advantages would result:
. Capital expenditures would be more "even" over time and large peaks could be
avoided, allowing for easier financial plalming and budgeting.
. All equipment would clearly be assets of the LJFD and its member cities based on a
clear financing formula.
. Tbis would acknowledge that all LJFD equipment is used in all three member cities,
. The funding fommla would be consistent, easy to understand, and easy to explain.
She requested Council provide direction to staff and the LJFD liaison regarding capital
equipment financing. The LJFD Board of Directors would meet again in July and would be
discussing the proposal. Council direction was needed as to whether or not the City would
support this proposed change, so that can be communicated to the Board.
Councilmember Larson stated it did not make sense to try and divide up the capital investment .
among the Fire Department like they did in the past. He indicated the Fire Department served all
of the Cities and he looked at this as a positive development and believed it would make things a
lot easier in the future in deteDllining what each Cities share was.
Councilmember Holden asked what would happen if one City was not willing to contribute to a
piece of eqnipment, or did not have the resources to pay their share. Chief Boehlke, responded
that happened under the old fnnding plan. He noted when that occurred, they put off the
purchase until a future date.
Councilmember Larson responded the Board tried to operate by consensus, which was a good
thing. A representative of the Fire Department stated their equipment needs did not change
much and they knew years in advance when equipment would need to be replaced.
Councilmember Larson noted at some point the cities would have to pay Shoreview back some
money because they had purchased the largest share of equipment. He indicated one way to do
that was when the next truck was purchased, the City of Arden Hills and the City of North Oaks
would pay a larger share than the City of Shoreview. He stated then the trucks would be owned
by all three Cities as a whole and the only thing that was left were the buildings.
Couneilmember Holden stated she objected to the fonllula and to paying back to Shoreview for
purchases made in the past. Couneilmember Larson stated Council had discussed and voted on .
the fommla for the operating budget and when they weighted all of the factors, there was very
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ARDEN HILLS CITY COUNCIL WORK SESSION - JUNE 12,2006
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little difference in the final percentages, He stated with this fOlmula it explained how they
calculated the percentage.
Councilmember Holden asked why they were changing the formula now. Chief Boehlke
replied this was to even everything out and to make it easier to explain how everything was
calculated.
Councilmember Larson noted even if a truck was purchased by Shoreview, it not only serviced
Shoreview but all three Cities benefited from the truck purchase. Assistant Fire Chief Adair
stated they were trying to eliminate one City having to purchase a truck and all equipment would
be owned by all ofthc Cities.
Councilmember Larson stated right now they needed direction as to whether they should use a
standardized formula and a future memorandum would be prepared showing a detailed
breakdown on what vehicles and equipment was purchased with what money.
Councilmember Holden stated she did not see any problem with the formula, but before they
started going retro, she wanted to see a detailed spreadsheet and have a discussion regarding this.
Councilmember Larson noted they would also need to discuss the Fire Department putting
some money into Station 2, whieh meant Arden Hills had put in some money into that station
even though it served North Oaks and Shoreview and therefore, there should be some refund of
money for this station.
Council agreed they were comfortable with the capital improvement formula for future capital
equipment purchases.
The meeting adjourned at 9:47 p.m.
Beverly Aplikowski
Mayor
Michelle Wolfe
City Administrator
J
.
Prepared by:KAG ~.
Dept.: Engineering
Council Mtg. Date: 6/26/2006
Final Action Needed By:
6/26/2006
~
~~HILLS
City oL\.rclcn lIills
. .ltequest I(w Coundl Actiou
Agenda Item~:a
Cooperative aoreement with Ramsey County for CSAH 96 Landscapino
Proiect
Budgeted Amount: n/a
Actual Amount: n/a
Funding Source: n/a
.
.
Council Action Request:
Motion to approve the cooperative agreement with Ramsey County for CSAH 96 Landscape and
Irrigation Improvement Project.
Staff Recommendation:
Approve the cooperative agreement with Ramsey County for CSAH 96 Landscape and Irrigation
Improvement Project.
Advisory Commission Action:
Commission
Planning
PTRC
Date
Action
Not Applicaole
Not Applicaole
Not applicaole
o Memo/Letter:
Supporting Documents (which are attached to this Action Form):
o Resolution (No. )
o Ordinance (No. )
[8J Engineering Recommendation:
o Attorney Recommendation:
[8J Other:
Cooperative agreement and approved Board of Ramsey County Commissioners' Resolution
2006-194.
Financial Implications:
See the attached memorandum.
Administrator/Staff Comments:
Page 1 of 1
;
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~
EN HILLS
MEMORANDUM
DATE:
June21,2006
AGENDA ITEM 3.B
TO:
Mayor and City Council
Michelle Wolfe, City Administrator
Kristine Giga, Civil Enginccr ~/
FROM:
SUBJECT:
Coopcrative agreement with Ramsey County for CSAH 96 Landscape and
Irrigation lmprovements
BACKGROUND
City statf prepared a cooperative agreement with Ramsey County for the CSAH 96 Landscape
and Irrigation Improvements_ The Board of Ramsey County Commissioners reviewed and
approved the agrccment at their May 23, 2006 meeting per Resolution 2006-194, The resolution
and cooperativc agreement are attached for your review.
FINANCIAL IMPLICATIONS
Ramsey County agreed to replace the trees along CSAH 96, the cost of which totals $73,153.25.
Engineering costs associated with this portion of the project, in the amount of$17,556,78, were
also included in the agreement Total project costs to be reimbursed by the County arc
$90,710.03. The reimbursement will be placcd in the Gcneral Capital Fund.
CONCLUSION
Staff recommends approving the cooperative agreement with Ramsey County for CSAH 96
Landscape and Irrigation Improvement Project.
:.Metro-ine1.us\ardcnhil1s\PR&P\V'En,!unccring."2()()V.Counell Actions\6-21-06 1\:1cmo CSAH 96.doc
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~
RAMSEY COUN1Y
Department of Public Works
Kenneth G. Haider. P.E., Director and County Engineer
I(
1425 Paul Kirkwold Drive
Arden Hills, MN 55112.3933. (651) 266-7100. Fax (65!) 266-7110
E-mail: Public.Works@co.ramsey.mn.us
.
June 12, 2006
Kris Giga
City of Arden Hills
1245 W. Highway 96
Arden Hills, Minnesota 55112
RE: Cooperative Agreement PW2006-04 - Highway 96 Landscape and Irrigation
Improvements between Lexington Avenue and Highway 10
Dear Ms. Giga:
Enclosed please find three originals of Cooperative Agreement PW2006-04 which were
approved and executed by Ramsey County on May 23, 2006 per Resolution 2006-194
(also enclosed). .
After routing the agreements for full execution, please keep one for your records and
send the other two originals to me at: Tina Chapirson, Ramsey County Public Works,
1425 Paul Kirkwold Drive, Arden Hills, MN 55112-3933.
Thank you.
Sincerely,
Tina Chapirson
Administrative Assistant
Jft
Encs.
.
Minnesota's First Home Rule County
prime,1 "" r\'tydpij pap,of W,l.h, mioimnm 0}[ 10% P~Sl-<:UIl;Ul1ler{(lul<:nl.
~t-~~
Resol ution
.
Board of
Ramsey County Commissioners
Presented By
Attention:
Commissioner McDonough
Budgeting and Accounting
Ken Haider, Public Works
Date May 23,
2006 No. 2006-194
Page 10f2
WHEREAS, The City of Arden Hills and Ramsey County Public Works desire to
construcllandscape and improve irrigation along CSAH 96 between Lexington Avenue and
T.H. 10; and
WHEREAS, The City of Arden Hills has prepared Cooperative Agreement PW2006-04
between Ramsey County and the City of Arden Hills addressing cost participation and
maintenance responsibilities associated with the landscape and irrigation improvements
along CSAH 96 between Lexington Avenue and T.H. 10; Now, Therefore, Be It
RESOLVED, The Ramsey County Board of Commissioners approves Cooperative
Agreement PW2006-04 between Ramsey County and the City of Arden Hills addressing cost
participation and maintenance responsibilities for landscape and irrigation improvements
along CSAH 96; and Be It Further
.
RESOLVED, The five-page Agreement PW2006-04 between Ramsey County and the
City of Arden Hills is made part of this resolution by reference and is kept on file with the
Chief Clerk; and Be It Further
RESOLVED, The Ramsey County Board of Commissioners authorizes the Chair and
Chief Clerk to execute the agreement on behalf of the County; and Be It Further
RESOLVED, The Ramsey County Board of Commissioners authorizes the County
Manager to approve the following budget adjustment:
INCREASE ESTIMATED REVENUE
2006 17304 550880 00000 314608 CSAH Trunk Hwy Tumback P033235 $90,710.03
Funds
TRANSFER TOIlNCREASE APPROPRIATIONS
2006 17304 550880 00000 424625 Hwy 96 Landscaping P033235 $90,710.03
RAMSEY COUNTY BOARD OF COMMISSIONEIt.<;
YEA NAY OlliER
Tony Bennett
~arter
1" Donough
Ortega
Jan Parleer
Victoria Reinhardt
ranice Reitman
Tony Bennett, Chair
(Continued)
By
Bonnie C. Jackelen
Chief Clerk - County Board
Presented By
Attention:
Resol ution
Board of
Ramsey County Commissioners
Commissioner McDonough
Budgeting and Accounting
Ken Haider, Public Works
Date May 23,
2006 No. 2006-194
.
Page 2 of 2
and Be It Further
RESOLVED, The Ramsey County Board of Commissioners approves a temporary
cash loan, not to exceed $90,710.03 from the County General Fund to the Road and Bridge
CIP fund until receipt of participating funds; and Be It Further
RESOLVED, The Ramsey County Board of Commissioners authorizes the County
Manager to make appropriate budget adjustments when final costs are known.
Tony Bennett
Toni Carter
Jim McDonough
Rafuel Ortega
Ian Parker
Victoria Reinhardt
Janice Rettman
RAMSEY COUNfY BOARD OF COMMISSIONERS
YEA NAY
X
-----1L
_-A:_
~
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OlliER
au
B
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PW2006-04
CITY OF ARDEN HILLS
COOPER A TIVE AGREEMENT
WITH RAMSEY COUNTY
Agreement between
the City of Arden Hills
and the County of Ramsey
Ramsey County Account XXXX
SAP 62-696-21
MSA J 87 -020-12
Highway 96 Landscape and
Inigation Improvements between
Lexington Avenue and Highway 10
Attachments:
Exhibit A - Estimated Cost Participation
Summary
THIS AGREEMENT, by and between the City of Arden Hills, Minnesota, a municipal
corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of
the State of MinTlesota, hereinafter referred to as the "County";
WITNESSETH:
WHEREAS, the County and City desire to construct landscape along Highway 96
between Lexington Avenue and Highway 10,
WHEREAS, this segment of IIighway 96 has been designated by the Minnesota
Department of Transportation as eligible for funds from the County State Aid Highway Account;
and
WHEREAS, this segment of Highway 96 has been designated as State Aid Project 62-
696-21; and
WHEREAS, the subject road segment is located within the City of Arden Hills; and
WHEREAS, plans for SAP 62-696-21 showing the proposed project impacts and costs
for the improvement of Ilighway 96 as defined herein have been presented to the County; and
WHEREAS, a Bid Tabulation of project costs and "Cost Participation Summary" has
been prepared as Exhibit A to this agreement: and
.?-
PW2006-04
WHEREAS, the project includes, in addition to other things, installation of trees, shrubs,
plants and irrigation.
.
NOW, THEREfORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
I. The City shall prepare the nccessaxy plans, specifications and proposals. Cost of project
revisions after completion of plans and specifications will be paid for by the party
requesting the revisions or as dcfined by supplemental agreement. Revisions must be
consistent with State Aid requirements and are subject to City approval.
2. The City shall take bid and award a contract for construction of subject project.
3. The County and City shall participate, in principle, on the basis of construction costs and
shares identified in accordance with the Bid Tabulation, attached as Exhibit ^ and
incorporated herein, except as modified below, It is undcrstood actual costs will be
adjusted to reflect final design elements as snbmitted to the City for approval at the time
of final plan completion and submission for municipal approval.
4. Upon completion of the project, the City shall own and maintain all landscaping and
irrigation located within County road rights-of~way.
5. Any utilities or facilitics modified or added to those provisions presently made in the
plans and specifications may be incorporated in the construction contract by
supplemental agrecment and shall be paid for as specified in the supplemental agrccmcnt.
Dcsign and construction engincering fees for additions shall bc negotiated at the time of
supplemental agreement preparation.
.
6. The County shall reimburse the City for cngineering costs incurred on its share of project
design and administration, as set forth in Exhibit A, as a preliminary engineering fee.
Said fee shall bc 12% of item costs for which the County is responsible for, as
dctermined at the time of contract award.
7. The County shall reimburse the City for engineering costs incurred on its share of project
construction, as set forth in Exhibit A, as a construction engineering fee. Said fee shall
bc 12% of item costs for which the County is responsible for, as dctcrmined upon
completion ofthe project.
8. Throughout project dcsign and construction, the City shall prepaxe partial cost and
paymcnt estimates for preliminary engineering fees, construction costs, and construction
engineering fees and, at appropriate intervals, notify the County of its sharc of thc costs
for the County's items of work. County shall pay its share ofcnginccring fees and
construction costs within twenty-one calendar days of receipt of City invoicc.
9. The County shall pay to the City all additional remaining costs for its share of the work
upon notification by the City of the linal amounts due to the contractor.
.
3
.
.
.
PW2006-04
10. All payments by the County shall be to the City of Arden Hills, Minnesota
11. City and the County agree to indemnify each other and hold each other harmless from
any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and
expenses including, but not limited to, interest involved therein and attorneys' fees and
costs and expenses cOlmected therewith, arising out of or resulting from the failure of
either party to satisfy the provisions of this agreement or for damages caused to third
parties as a result of the manner in which the City or the County perform or fail to
perfonn duties imposed on each party by the terms of this agreement. Nothing herein
will constitute a waver of limitations of liability available at Minnesota Statutes Chapter
466 and other applicable law.
'1
PW2006-04
IN WITNESS WHEREOF, thc parties have caused this Agreement to be executed.
CITY OF ARDEN HILLS,
By:
Its
By:
Its
Date:
c;
THE COUNTY OF RAMSEY
"YC~i;Cb^^-7cI
Board of Ramsey County Commissioners
-?
.(L k2'~
-
Chief Clerk, Co~ rd
Date: SZ- -.; ~--b
~oo t,-/qLj
Approved as to Fonn:
/~-j~~'ey
Rccommendcd for Approval:
t~~( ~~
Kenneth Haider, P.E.
Director and County Engineer
.
.
.
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~HILLS
City of Arden Hills
Request for Council Action
Prepared by: DS
Dept: CD
Council Mtg. Date: 06/26/2006
Final Action Needed By:
06/26/2006
Agenda lIem .~.~
Abatement Hearinll for 3150 Hamline Avenue
Budgeted Amount:
Actual Amount:
Funding Source:
Council Action Request:
Consider the authorization of staff to begin abatement at 3150 Hamline Avenue. Also, to consider the
authorization of staff to assess the property at 3150 Hamline Avenue for all costs incurred in relation to
the abatement process.
Staff Recommendation:
Authorize staff to abate and assess the property located at 3150 Hamline Avenue.
Advisory Commission Action:
Commission
Planning
Date
Action
Not
Supporting Documents (which are attached to this Action Form):
IRI Memo/Letter:
June 8, 2006 Letter to Ms. Dorothy M. Stenberg
September 20, 2005 Staff Memorandum
August 29, 2005 Letter from Peterson Fram & Bergman to Ms. Dorothy M, Stenberg
D Resolution (No. )
D Ordinance (No. )
D Engineering Recommendation:
D Attorney Recommendation:
IRI Other:
Activity Summary Sheet
Financial Implications:
Administrator/Staff Comments:
Page 1 of 1
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EN HILLS
MEMORANDUM
DATE:
Agenda Item 6.A
June 26, 2006
TO:
Mayor and City Council
Michelle Wolfe, City Administrator
Karen Barton, Community Development Director
J cITy Filla, City Attorney
FROM:
Dave Scherbel, Building OfJicial
SUBJECT:
Regarding 3150 Hamline Avenue
Historv
The City has been in the process of attempting to have the owner of the property located 3150
Hamline Avenue remove various code violations which are located on that property. Attached is
a memo dated September 20, 2005, outlining the numerous correspondence and communications
the City has had with the owner, Dorothy Stenberg, to abate the code violations located on both
ofthe properties she owns in Arden Hills (3150 Hamline A venue and 1415 Glenhill Road). Also
attached is the Notice of Hearing to begin the abatement process to remove the code violations at
3150 Hamline Avenue.
In a letter dated September 29, 2004, City staff communicated to Ms. Stenberg that the storage
building (at 3150 Hamline Avenue) was unsafe and that work that was performed on that
building does not change the unsafe condition. Staff notes in that letter the following: stairs
unsafe for human travel; rotted wood on walls in all areas; rotted wood all areas of roof - visible
from the underside of the eaves; rotted wood at tail ends of the roof joists; new roof decking was
installed and unable to determine how it was attached to rotten joists; structure still appears to be
a harborage for rodents; structure is still in general disrepair including fencing attached to
structure; trees growing through fence. Staff stated in that letter that for all of the above reasons
the structure is still unsafe and needs to be repaired or removed.
Lel!al Action
Attached is a list of recent court action taken on the above properties. The following is a
summary ofthose actions:
On August 4th of 2004 the City did write two citations (one for each property) for the
above violations.
Memo to Mayor & City Council
Jlme 26, 2006
3150 Hamline Ave
2
.
. After many delays, continuances, and a plea of not guilty the owner did appear in court
on the 13th ofJuly of2005, The owner plead guilty to having a vehicle that is unlicensed
and inoperable, an RV parked in the front yard unlicensed and inoperable, and a structure
that is unsafe or in disrepair as of August 4th of2004.
The City agreed to stay imposition and sentencing as long as the owner followed the
timetable to abate the violations according to the prearranged "compliance agreement"
which is attached.
As of June 21st, 2006 the storage building and rubbish, debris, and fence remain.
Summary
The City is, and has been, aware of unsafe structures located at 3150 Hamline Avenue for a
number of years, It is the City's responsibility to remedy any and all safety concerns in a timely
manner, and if not, the City could possibly be held responsible for not taking action in a timely
manner.
From the outside the structure is severely deteriorated and rotting. Exterior sheathing is falling
away because the structure can no longer hold fasteners in several areas. There is a high fence .
(over 10 feet tall) that appears as though it could fall over at any time. The owner has refused
staff entry into the building for a better inspection of the structure's frame, but from the exterior,
the building remains a hazard and possibly a magnet for children to play on, in, or near the
building.
As ofJune 21, 2006 the unsafe structures remain. City staff can see no other action to be taken
by the City, other than to enforce abatement proceedings against the property.
Request
City staff requests the Council to authorize staff to begin the abatement process of the structure,
storage of material, debris, vehicles, and fence in disrepair, as allowed under City Code 600.03,
Subd. 4 and State Statute 463.
Further, City staff requests the Council to direct staff to assess the property at 3150 Hamline
Avenue all costs incurred in the abatement of 3150 Hamline A venue as allowed under City Code
600.06, Subd, 2 and State Statute 463.
\\1\.1etro-inet.us\ardenhills\Building\Address FlJe\1 Code EnforcementlHamline Avenue NorthlJ 150\City Council Memo 062606.DOC
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June 8, 2006
Ms. Dorothy M, Stenberg
1415 Glenhill Road
Arden Hills MN 55112-3613
RE: Property Located at 3] 50 Ilamline Avenue
Property ll)#343023340012
Arden Hills, Minnesota
Dear Ms. Stenberg:
Enclosed is a memo dated September 20, 2005, outlining the City's attempt to abate the following
violations:
City Code 600.03, Subd. 4, "All buildings and structures which have been damaged by
.fire, decay, or other means to such an extent as to endanger public safety. "
City Code 600.03, Subd. 5, "The piling, storing, or keeping of old machinery, equipment,
building material, wrecked or junked vehicles or other junk or debris except as may
otherwise be governed by this code or other ordinances. "
As of June 6, 2006, the above violations remain, You are hereby notified that on June 26, 2006, the City
Council will hold a hearing regarding proceedings for abatement of the code violations stated herein
located at yuur property at 3150 Hamline Avenue. The hearing will be held at 7:00 P.M. in the City
Council Chambers located at City Hall, 1245 West Highway 96.
If you should have any questions, pleas feel free to contact me at 651-634-5123.
Sincerely,
Dave Scherbel
Building Official
DS!jf
cc:
Mayor Beverly Aplikowski
Councilmember David Grant
Councilmember Brenda Holden
Couneilmember Gregg Larson
Couneilmember Vincent Pellegrin
Michel]e Wolfe, City Administrator
Jerry Filla, City Attomey
.
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EN HILLS
MEMORANDUM
DATE:
September 20, 2005
TO:
Mayor and City Council
Michelle Wolfe, City Administrator
Jerry Filla, City Attorney
FROM:
Dave Scherbel, Building Official
SUBJECT:
Regarding 1415 Glenhill Rd, and 3150 Hamline Ave
Historv
City staff has been involved with several code violations at the above property for the past five
years. While most of the violations are not safety related, one of the violations relates to a
storage building on a vacant lot Staff has inspected the building from the exterior and has
deemed it to be an unsafe structure and a hazard to the public. Staff has scnt the owner ofthe
property numerous letters regarding the violations, These letters have resulted in little action
taken by the owner to resolve these issues, Below is a summary of correspondence between the
City and the owner over the past five years.
March 20, 2000
Letter sent regarding two unlicensed vehicles at 3150 Hamlinc Ave.
March 23, 2000
Letter received by owner citing medical problems and requesting more time to resolve issue.
March 24, 2000
Staff sent letter extending compliance date to April 14, 2000
April 71h, 2000
Owner states in letter that vehicles are inoperable and unlicensed. She is in poor health and will
try to get the vehicles licensed and sold as best she can.
April 181h, 2000
Staff sends letter to owner asking her to respond by April 28110 indicating when the vehicles will
be removed.
Memo to Michelle Wolfe
September 20, 2005
1415 Glenhill Rd. & 3150 Hamline Ave
2
.
May 2nd, 2000
Owner responds that it is not possible to give a date for removal of vehicles. She states that the
vehicles are advertised for sale.
July 17'\ 2003
City staff meets with owner and son to discuss removal or vehicles and RV. Staff also discusses
the condition of the storage building, questioning its structural integrity, noticing the severe
decay and open holes for vannints to gain access to structure,
July 30t\ 2003
Ovmer responds in writing to the meeting on the 17'h She writes they have a buyer for one ofthe
vehicles. Her son wants to keep the datsun pickup, and will bring it into compliance. She also
writes, the motor home will take time to get repaired and sold but they will take care of it.
September 4th, 2003
Owner responds to staff phone calls in writing. She writes her son has covered the openings in
the building, and that they have the license for the pickup. They also have a buyer for the Nova
and they are stil1 looking for a mechanic to repair the RV so it can be sold, She asks for more
time. .
September 23'", 2003
City staff notifies the resident that none of the violations discussed at the July 17th meeting have
been abated. Staff outlines the violations to be abated. They are as follows;
At 3150 Hamline Ave,
Two unlicensed/inopcrable vehicles, Two vehicles parked in prohibited areas, Structure in
disrepair/unsafe and unable to gain access to assess, Material and equipment visible from
adjoining lots, Condition that provides a harboragc for rats, mice, snakes, and other vermin
At1415 Glenhill Road.
RV (motor homc) parked in the front yard
RV unlicenscd/inoperable
Accumulation of stagnant water
Staff requests that the above violations be abated within 30 days.
Octobcr 27th, 2003
City staff writes thc owner thanking her for removing onc of the vehicles and licensing another
one, but that the one now licensed is still stored in a prohibited area and appears inoperable. In
addition, she is notified that none of the other violations have been abated.
Staff notifies her that she has until the 1st of December to remove the violations or the City will
have no choice but to issue citations.
December 1st, 2003
Owner responds in writing that one or the vehicles has been removed and the other one is
licensed. She also writes that they have material to patch the holes in the roof. They also will be
.
e
e
.
Memo to Michelle Wolfe
September 20, 2005
]4]5 Glenhill Rd. & 3150 Hamline Ave
3
moving the material out ofthe storage building to the fann but it will take some time and that
they plan on selling the Hamlinc property in a couple of years. They also will take care ofthe
motor home but not until this coming spring and summer. She also notes that other properties
have motor homes in violation, particularly on Ingerson Rd.
June 4th, 2004
City staff writes the owner reminding that her November 24th letter stated she would be selling
the motor home in the spring/summer. Staff cites all of the violations remaining on the property,
noting that some are still outstanding from 2000. Staff gives her until the 6th of July to abate the
violations.
July 1 st, 2004
The owner responds to the above letter stating she is not well. She also writes that they are
planning on selling the property, but not for a couple of years.
Septembcr 29th, 2004
City staff writes letter to owner regarding a roofing permit for the storage building.
Staff writes that in earlier communications to her that the storage building was unsafe and that
the work now done to it does not change the unsafe condition.
Staff notes; Stairs unsafe for human travel, Rotted wood on walls in all areas, Rotted wood on
walls in all areas of roo l' visible from the underside of eaves, Rotted wood at tail ends ofroof
joists, New roof decking was installed & unable to determine how it was attached to rotten joists,
Stmcture still appears to be a harborage for rodents, Stmcture is still in general disrepair
including fencing attached to stmcture, Trees growing thru fence.
Staff states for all of the above reasons the structure is still unsafe and needs to be repaired or
removed.
In addition to the above correspondence City Staff has had numerous phone conversations and
on site inspections over the years.
Lel!al Action
Attached is a list of recent court action taken on the above properties,
Following is a summary of those actions.
On August 4110 01'2004 the City did write two citations (one for each property) for the above
violations.
After many delays, continuances, and a plea of not guilty the owner did appear in court on the
13th of July 01'2005. The owner plead guilty to having a vchicle that is unlicensed and
inoperable, an R V parked in the front yard unlicensed and inoperable, and a structure that is
unsafe or in disrepair as of August 4\10 of 2004.
The City agreed to stay imposition and sentencing as long as the owner followed the timetable to
abate the violations according to the prearranged "compliance agreement" which is attached.
The brush pile and pick-up have been removed, and the brown vehicle is licensed and appears
operab I e. The R V and the unsafe structure remain.
Memo to Michelle Wolfe
September 20, 2005
J4J5 Glenhill Rd. & 3150 Hamlinc Ave
4
Summary
One vehicle at 3150 Hamline Ave. has been removed and one vehicle at 1415 Glen hill was
removed but a recent site inspection revealed it to be back in place, but it has a current license
and appears to be operable, Some brush and debris has been also removed from 3 I 50 Hamline.
The RV has also been licensed.
The RV remains slored outside in the front yard and inoperable. The other violations remain at
3150 Hamline Ave.
While the vehiele violations do not pose any immediate safety concerns, staff has serious
concerns as to the rubbish, debris, and unsafe structures that remain in violation of City
ordinances. The City has been aware ofthesc violations for a number of years, (starting over 5
years ago) and has tried to work with the owner to resolve these issues. Nothing constructive had
been done regarding the propcrty's violations until recent court action resulted in the owner to
remove one of the vehicles and some debris.
The City is, and has been aware of unsafe structures located at 3150 Hamline Ave. for a number
of years.
It is the Cities responsibility to remedy any and all safety concerns in a timely matter, and if not,
the City could possibly be held responsible for not taking action in a timely matter. From the
outside the structure is severely deteriorated and rotting. Exterior sheathing is falling away
because the structure can no longer hold fasteners in several areas.
There is a high fencc (over 10ft. tall) that appears it could fall over at any time. The owner has
refused staff entry into the building for a better inspection of the structures frame, but from the
exterior the building remains a hazard and possibly a magnet for children to play on, in, or near
the building.
The Mayor has offered to help remove the debris and structure, but the owner has refused.
The owner appeared in court and has pleaded guilty to the abovc violations, with an abatement
date of Sept. 1st, 2005.
No further action, other than noted above, has been taken by the owner.
I see no other action can be taken by the City, other than to enforce abatement proceedings
against the property,
IIMetro-inet.uslardenhillslBuildinglMemos\1415 Glcnhill Rd..DOC
.
.
.
S,p-2Q-2005 11 :07
From-PETERSON FRAM BERGMAN
6512281753
T-859 P002/003 F-467
Activity Summary
8D1019.0/050920:09090970
firs
.
62-T7-04-610S18 Moving-Misdemeanor
The State of Minnesota
vs. DOROTHY M STENBERG, [AH/5/0B0404]
Activity Start/End Judge
Cass Filed 03:40 03:40
Arraignmnt 08:15 G G1ancola
Fe PLEA/ArTY 9/28/04 8:15 fA'
09:21
CERTIFICATE OF REPRESENTATION (ARLENE PERKKIO)
FILED. MKS
09:22
PER REQUEST OF ATTORNEY FC FROM 9-28-04 TO
10-19-04 8:15AM. MKS
09/28/04 Clerical 09:20 .~
PER REQUEST OF ATTY FC FROM 9-28-04 TO 10-19~04 e6~ 1 .
8:15AM. NOTICE TO ATTY. MKS
08:15 P Flynn
PNG-PT 12-28-04 1PM MW/A
10:18
ATTY REQUEST, PROS OK'D & JUDGE OK'D FC PT TO 2/15/05 1PM MW
-A RN ~ft~
01:00 A Dickinson MW-A
NA BY DEFT; PT ORO SIGNED; FC TO JT 5/2/05 845 MW-B; A~?
REQUIRED, NFC PER JUDGE DICKINSON RF
03:00
,;>RETRIAL ORDER SIGNED BY JUDGE DICKINSON FILED, HI:.
.05/02/05 Hearing 08:45 0 Lindman MW-B
AH; ROR; FC TO 7-11-05 8:45AM'. JT "8" PER ATTY~ /L I W
FOR TIME TO VERIFY CLEAN-UP. MI<$ I6vJl!f.- I War ~</"(l-i
07/11/05 Clerical 03:58 l ~~fe
AH; FrA JT 7-12-05 1:30PM. J.CLARK, BW ISSUED 5S $200 ",ors~o
STAY WARRANT 24HRS. PER ATTY FC 7-12-05 1:30PM. DOWNTOWN qpf~'
J. CLARK MKS , ,
01:30 J Clark CH
ON CALL JT 7-13-05 @ 9:00 AM W/ JOG CLARK
07/13/05 $sntencing 01:30 J Clark eH
AH; PG CT.I STORAGE INOPER.VEHILCE AND CT.III STRUCTURE
IN DISREPAIR; GENL ENT: STAY OF IMP.IYR TO CT.CONOITJONS:
RV & VEH D8T351 AT 1415 GLENHILl RD BY 7-21-05,
01:31
SENT CONT: BRUSH REMOVED BY 7-21 AT 1415 GLENHILL ROAD; BLOE
PICKUP LKM414 REMOVED FROM 3150 HAMLIN AVE BY 7-21-0S,DEFT.
MEET W/BLDG INSPECTOR RE: 3150 HAMLIN BY 7-21-05,
01:37
SENT CONT: FENCE 3150 REMOVED BY 8-15-05,DEFT.W/CIT~ TO
REPAIR BY 9/1/05 OR CITY TO REMOVE/DESTROY, PAY S50+
FEES. PIA S127 PO/CT. REC.CK/OISM.& VACATE 7-13-06. MKS
07/13/05 Pd in J:ull 03:11
CK#8888 S127 AT COUNTER
07/13/05 Closed 04;00
D7Jl~/O~ Cl~.~oA~ O~.l~
4IIl~~=============m~;~~=:~~~~~~~d~;~9~~:~;I~i~;.==~~~:=====_===_========~_~====
07/15/06 St:at Rviel-l .l\dmin. Judge ,/ eJ1W 011 7/1(;/0& J--. bt
AH; REC.CK/DISM.& VACATE (lIlAR) r.J J
OC.M e
Date filed: OB/17/g0~
Date
08/17 /04
09/07/04
CrtRm Intrp Chqs Cone SrvcD~t,
MW-A
09/27/04 Cert Rep
KJW
09/27/04 Clerical
10/19/04 Hearing
MW-A;'J
Tfe.
i\Jo-{- qu,l+y
J JD
12/28/04 Clerical
02/15/05 Hearing
02/15/05 Order
V4/lfs S'N!
{{'4"
07/12/05 Hearing
AB plfl 0>1 ".
-ro 7/rr,
07/13/05 Clerical
07/13/05 Clerical
LJS
AUi-2Q.2005 15:52
From-PETERSON FRAM BERGMAN
6512281753
T-607 P002/013 F-65Q
'Warren E. PeICtSOl1
Jerome P_ Filla
Daniel Witt Fram
Clenn A. Beq;mafl
_tm Michael Miller
ich<tel T. Oberle
Jteven H. Bruns.
Paul W. Fahnlng.
Cam~ron S. Mc:L.ell.o.fld
Andrew P. Muller
p~
FRAM BERGMAN
1:A:.....:4..........t..'.-. _......................11.'.
Suire 300
50 Fifth Sf. E-
Se Paul. MN SSIOJ-IIQ7
1-6'511 NI-89':i,}
Lb'3ll228-f7'53 bc:;imile
www.pfb-pa.<;Qffi
August 29, 2005
Direct DIol #(651l 290-6907
jfilla@pfb-pa.com
Dorothy Stenberg
1415 Glenhill Road
Arden Hills, MN 55112
RE: Compliance Agreement
Dear Ms_ Stenberg:
Enclosed for your review and signature is a Compliance Agreement. I have also attached a
transcript of the Court proceeding. If you have any questions, please contact me.
JPF:c1e
~ours,
"Jert~(~
. / /J
j :/
.
CC. Arlene Perkkio
.
~,l.elO ADMITI'EP IN WTSCONSlN
AUi-Z9-2005 15:53
From-PETERSON FRAM BERGMAN
6511281753
T-60T P003/013 F-659
COMPLIANCE AGREEMENT
In consideration of the City's Agreement to Stay Imposition of Sentencing; and to
vacate and dismiss the charges contained in District Coun File Nos. T7-04-610518 and
T9-04-610519, I agree:
I To remove the motor home and brown vehicle (license no. DBT-3S1)
from the propeny located at 1415 GJenhil1 Road by July 21, 2005;
2. To remove the brush pile from the property located at 1451 Glenhill
Road by July 21, 2005;
3. To remove the blue pick-up (license no. LKM-414) from the property
located a1 3150 Hamline Avenue by July 21, 2005;
4.
To meet with or have my contractor meet with the City Building Inspector
by July 21, 2005 in regard to the structure located on the property
located at 3150 Hamline Avenue; to repair or remove such structure by
September 1, 2005; and, if such structure is not removed or repaired by
said date, I hereby authorize the City to remove such structure; to remove
the contents of such structure; to destroy the stmcture and its contents;
and assess all costs incurred by the City for such actions against the
property located at 3150 Hamline Avenue; and
5.
To remOVe the fence located at3150 Hamline Avenue by August 15, 2005.
Dated:
By:
Dorothy Stenberg
.
.
.
.
AUi-2S.2005 15:51
From-PETERSON FRAM BERGMAN
6511181753
T-607 P001/0ll F-659
W(l((€,ll E. Pe(ersofl
lel'Ome P. Filld
Daniel Win fram
Clenn A. BerGman
_hn Mich.ael Miller
ichael T. Oberle
reven H, Bruns"
Paul W. FahnIng4"
Cameron S. McLelland
Alldrew P. Muller
p~
FAAM BERGMAN
':JI:.f.~~";.I.,'.:1I"-"~"".4".1II. ..JI~'.
Suire 300
50 Fifth SL E.
Sr... Paul. MN 'j:SlOl-1 tQ7
loSI} 2Ql-89'l'1
1651] 228-175] facs-jmile
www_pfb-p,u::om
August 29, 2005
DIrect Dia' #(651J 29G-6907
jtilla@pfb-pa-com
Dorothy Stenberg
1415 Glenhill Road
Arden Hills, MN 55112
RE: Compliance Agreement
Dear Ms_ Stenberg:
Enclosed for your review and signature is a Compliance Agreement I have also attached a
transcript of the Court proceeding. If you have any questions, please contact me.
JPF:cle
.very ~ours,
a/}iA) ;0~
/J7n<<1 ~
j !/
.
CC. Arlene Perkkio
.
.Al-SO APMrTTEP 11'1 WISCONSIN
AUi-19-10U5 15:53
From-PETERSON FRAU BERGMAN
6511181753
T-60T p.OU3/nI3 F-659
.cOMPLIA~CE AGREEMENT
.
In consideration of the City's Agreement to Stay Imposition of Sentencing; and to
vacate and dismiss the charges contained in District Court File Nos. T7-04-610518 and
T9-04-610519, r agree:
1 To remove the motor home and brown vehicle (license no. DBT-351)
from the property located at 1415 GJenhilI Road by July 21, 2005;
2. To remove the brush pile from the property located at 1451 GlenhilJ
Road by July 21, 2005;
3. To remove the blue pick-up (license no. LKM-414) from the property
located at 3150 Harnline Avenue by July 21, 2005;
4.
To meet with or have my contractor meet with the City Building Inspector
by July 21, 2005 in regard to the structure located on the property
located at 3150 Hamline Avenue; to repair or remove such structure by
September I, 2005; and, if such structure is not removed or repaired by
said date, I hereby authorize the City to remove such structure; to remove
the coments of such structure; to destroy the structure and its contents;
and assess all costs incurred by the City for such actions against the
property located at 3150 Hamline Avenue; and
.
5.
To remove the fence located at 3150 Hamline Avenue by August 15,2005.
Dated:
By:_
Dorothy Stenberg
.
;
.
~
~HILLS
City of ArdenlliUs
Request for Council Action
Prepared by: MW
Dept.: Admin
Council Mtg. Date: 6/26/06
Final Action Needed By: 6/26/06
Agenda Item 7.A
Formation of a Communitv Foundation Committee
Budgeted Amount:
Actual Amount:
Funding Source:
Council Action Request:
Provide direction to the Mayor and City Administrator regarding support for the Community Foundation
Committee.
Staff Recommendation:
Advisory Commission Action:
Commission
Date
Action
Not Applicable
Not Applicable
Not applicable
Planning
PTRC
Supporting Documents (which are attached to this Action Form):
. D Memo/Letter:
D Resolution (No. )
D Ordinance (No. )
D Engineering Recommendation:
D Attorney Recommendation:
DOther:
Financial Implications:
AdministratorlStaff Comments:
.
Page 1 of 1
.
.
.
~
~~ILLS
MEMORANDUM
DATE:
TO:
FROM:
AGENDA ITEM: 7 A
June 26, 2006
Mayor and City Council
dWJlP
Michelle Wolfe, City Administrator
SUBJECT: Formation of a Community Foundation Committee
BACKGROUND
Mayor Aplikowski has been successful in gathering a group of residents how are interested in an
effort to form a community foundation. They held their first meeting on June 4 and a future
meeting is scheduled for Wednesday, July 5.
DISCUSSION
In August 2004 the Council discussed the possihility of establishing a community foundation, A
representative from the St Paul Foundation attended the meeting. Mr. Bob Lawson from the St.
Paul Foundation recommended a feasibility study as a good first step towards establishment of a
foundation, Council expressed an interest in the concept, and thought it would be helpful to have
a feasibility study done. Staff informed the S1. Paul Foundation of our interest in such a study
but they did not respond.
Mayor Aplikowski was able to gather a group of interested residents (roster attached). Most of
these residents have experience working with foundations or serving on foundation boards, At
the first meeting there was general discussion about different approaches to establishing a
foundation. In general the group agreed that they would like to pursue this endeavor and do
some research with other communities to try and detennine the best way to get started.
While there was some discussion about the foundation needing to be separate from the City,
there is probably a need for City support (especially in the begilming.) The group requested that
the Mayor and I approach the City Council about your willingness to support this effort. Support
could include but is not limited to the following:
. Providing meeting space
. Providing a staff liaison to the committee
. Providing staff assistance in setting agendas for meetings, conducting research, preparing
meeting notes, and other related tasks
. Finance Department assistance
Page 2 of20
ACTION REQUESTED
Provide direction to the Mayor and City Administrator regarding support for the Community .
foundation Committee,
MW
.
.
.
.
.
COMMUNITY FOUNDATION COMMITTEE
Elwood Caldwell Cliff Nimis
1451 Arden View Drive f---------~-~.-.
1485 Glenhill Road
--~-~~._-
Arden Hills, MN 55112 Arden Hills, MN 55112
651.651.636.2499 651.633.4028
elwoodfclaJaol.com
Jim Ostlund
-_.~.- -
Crail' Erickson 1576 Roval Hills Drive
.-
1302 Karth Lake Circle Arden Hills, MN 55112
Arden Hills, MN 55112 651.631.9570
651.636.0030 iimost(a)comcast.net
caerickson@!e-s-Iaw.com .-
..
Doul' Hartford L'yI~l'al!"ela
-- .
1292 Inl'erson Road 1480 Arden Vista Court
Arden Hills, MN 55112 Arden Hills, MN 55111....
1-651.628.4034 651.636.6461
hartford(ti)csp.edu LRSalmclaCiZJa(}l.c_o~--
- --
Chuck Mertensotto
3473 Lake Johanna Boulevard
Arden Hills, MN 55112
651.631.9444
~.---
~- .
-.--------
---._~~_._."-
\ \Metro-inet. us\ArdenHills\Admin \Receptionist\COMMUNITY FO UN DA TI 0 N
COMMITTEE.doc
.
Prepared by: JL
Depl.: Com. Dev
Council Mtg. Date: 6/14/2006
Final Action Needed By:
3/13/2007
~
~HILLS
City ot Arden Hills
Request for Council Action
Agenda Item a~A
PC #06-014: SiQn Code Adoption
Budgeted Amount: $0.00
Actual Amount: $0.00
~_ _flHlding Source: n/a
.
.
Council Action Request:
Consider a motion to approve the new Sign Code_
Staff Recommendation:
Approve the Sign Code subject to any necessary changes.
Advisory Commission Action:
Commission
Planning
PTRC
Date
6/7/2006
Supporting Documents (which are attached to this Action Form):
[8J Memo/Letter:
Report to the City Council
o Resolution (No. )
o Ordinance (No. )
o Engineering Recommendation:
o Attorney Recommendation:
[8J Other:
Draft Planning Commission Minutes
Proposed Sign Code
Public Hearing Provision for the new Sign Code
Old Sign Ordinance (#333)
Financial Implications:
Administrator/Staff Comments:
Action
Reviewed
Not Applicable
Not applicable
Page 1 of 1
.
.
.
~
~HILLS
MEMORANDUM
DATE:
June 19,2006
CC Agenda Item 8.A
TO: Mayor & City Council
FROM: J ames Lehnhoff, City Planner
SUBJECT: PC #: 06-014
Updated Sign Code
Backl!round
Over the last several years, a lawyer from Georgia has been working with various sign
companies to find new locations to construct billboards along major highways in many states.
The proposed billboards have been reported to be as high as five to seven stories and have
included the "tri-vision" type, which is a billboard with rotating panels (an example of this type
of billboard can be found inside the Metrodome). However, many cities do not pemlit new
billboards or permit billboards of that size. The City of Arden Hills docs not permit the
construction of new billboards.
Despite the restrictions on billboards in many cities, the lawyer applies for the sign permit with
the expectation of denial. Once denied, the lawyer files a lawsuit against the city claiming that
the sign regulations are unconstitutional and should be deemed unenforceable. If the sign
regulations are deemed unconstitutional, a city may be obligated to approve the billboards or
come to a negotiated settlement.
While the results of the lawsuits have been mixed, the sign regulations in some cities and
counties have been deemed unconstitutional because sign content was inadvertently regulated.
Without going into great legal detail, a city cannot regulate the content of a sign and, generally
speaking, cannot show preferential treatment toward signs based on content. Cities that exempt
selected signs from the sign regulations or show preference for a type of sign based on content
are at risk of having their sign regulations deemed unconstitutional. An exemption for for-rent,
for-sale, or even religious signs has been construed to be a form of regulating content. Due to
these types of exemptions, the cities of Hopkins and Eden Prairie have faced lawsuits
challenging their sign regulations, More than 100 lawsuits have been filed nationwide, some of
which are ongoing and costly.
Although Arden Hills has not received any requests [or new billboards, the City's frontage on
Interstate 35W, Interstate 694, US Highway 10, and Highway 96 makes this an important issue.
\\lvletro-inet.us\ardenhil1s\Planning\Planning Cases\2006\06-014 Sign Code (PENDING)\06200G - CC reporl- Sib~ ordinance.doc
Page 1 of5
On March 13th, 2006, the City Council adopted a sign moratorium to allow time to remove
potential constitutional issues without the pressure of facing a costly lawsuit.
.
The Plallliing Commission reviewed the proposed Sign Code at their June 7th, 2006, meeting.
Since the meeting was not a public hearing, an official motion was not made. Nevertheless, the
entire Sign Code was reviewed and public comment was accepted. Most of the Plallliing
Commission discussion focused on the proposal to move the sign regulations from the Zoning
Ordinance to the City Code and how to deal with temporary off-premise signs.
Discussion
Although the primary reason for this updating process was to remove language related to content
based regulation, a definitions section was added, ambiguous portions of the regulations were
clarified, and the most recent State Statutes regarding non-conforming signs were incorporated
into the regulations. Except for the proposed provisions regarding temporary off-premise signs,
this updating process did not ineludc a comprehensive evaluation of the permitted sign sizes or
types in the old Sign Ordinance. Changing the permitted sign areas or types would require a
separate review process and active citizen input.
Due to the significant reorganization of the sign regulations, it is not possible to have the old
Sign Ordinance and the new Sign Code on the same document. To help aid the comparison
between the old Sign Ordinance and the new Sign Code, both documents are attached to this
report. The noteworthy portions that were added or modified in the new Sign Code are
highlighted. The portions of the old Sign Ordinance that were removed are also highlighted. .
What can be regulated?
While regulating content is generally prohibited, a city can regulate the type, size,
lighting, height, color, location, and other impacts of a sign. There are a handful of sign
regulations set by Millliesota State Statutes that must be followed, including provisions
regarding non-commercial signs during general election years and signs banning guns.
Sign Ordinance -7 Sign Code
Based on a recommendation from the City Attorney, Staff is proposing to move the sign
regulations from an attachment in the Zoning Ordinance to a new chapter in the City
Code. Currently, the City has a number of free-standing ordinances that were passed but
never fully incorporated into the Zoning Ordinance or the City Code, one of which is the
Sign Ordinance. As time allows, a number of the free standing ordinances (erosion
control, adult uses, message therapy, etc) will likely be proposed to be moved to the City
Code or to a chapter of the Zoning Ordinance. This is being done so that the City has one
convenient and standardized book with all City regulations. As it is, many of these free-
\\Metro~inet.us\ardcnhi]]s\Planning\Planning Cases\2006\06-D14 Sign Code (PENDrNU)\062006 - CC report - sign ordinancc.doc
.
Page 2 of 5
.
.
.
standing ordinances do not share a common numbering system with the Zoning
Ordinance or the City Code.
Additionally, the sign districts do not match up with the zoning districts, which can create
some confusion. Many of the sign districts cross multiple zoning districts. Having the
two sets of regnlations as rclated but separate documents will help make understanding
the distinction between the sign and zoning regulations easier for citizens and Staff
It should be noted that if the sign regnlations are in the City Code and not in a section of
the Zoning Ordinance, State Statutes would not automatically require the City to hold a
public hearing to adopt or make changes to the new Sign Code. The Planning
Commission discussed this proposed change, and their consensus was that a public
hearing should still be required for changes to the sign regulations.
If the Planning Commission and City Council feel that it is important to retain the public
hearing process in the Sign Code, a provision can be added that requires a public hearing
to be hcld before any changes are made to the sign regulations. It is not necessary to
keep the sign regulations in the Zoning Ordinance to hold a public hearing. A provision
for public hearings has been drafted and is included as an attachment to this rcport.
Temporary OJFPremise Signs
Under the old Sign Ordinance, off-premise signs were not permitted. An off-premise
sign refers to any sign placed in the public right-of-way or on another person's property
(evcn with their pcrmission). A typical off-premise sign is a for-sale, for-rent, garage
sale, or open house sign. While the old Sign Ordinance did exempt these types of signs
from the permitting process, they were still not permitted to be located off-site. A number
of citizens have indicated a desire to be able to place off-premise signs in the public right-
of-way and on private property.
At the Planning Commission meeting, three options for temporary off-premise signs were
discussed. Two of the options would have permitted off-premise signs only on private
property under certain conditions. The third option included provisions for off-premise
signs on public and private property.
Based on the discussion at the Planning Commission meeting, Section 1400.18
Temporary Off-premise Signs was added to the proposed sign regulations. This proposal
would permit off-premise signs in the public right-of-way and on private property, There
are, however, a few remaining issues that need to be addressed:
. How many off-premise signs should he permitted for each residential property?
. Should off-premise signs be permitted only in residential areas?
. How long should off-premise signs be allowed to be posted?
\\Metro-tllct.us\1-rdenhiJls\Planning\Planning Cases\2006\06-014 Sign Code (PENDING)\062006 - CC report - sign ordinance.doc
Page 3 of 5
It is important to note that the Ci ty cannot give permission to residents or businesses to
place any sign in the County or State right-of-way. The State of Minnesota and Ramsey
County do not permit private signs to be located in the road right-of-way, which includes .
Interstate 35W, Interstate 694, US Highway 10, Old US Hwy 10, Lexington Avenne,
Hamline Avenue, County Road D, County Road E, County Road E2, County Road F,
County Road I, Lake Johanna Blvd, and New Brighton Blvd,
Inspection & Enforcement
Section 1400.11 has been expanded since the Planning Commission meeting, This
section was expanded from focusing exclusively on violations to include inspections and
impoundment fee information. In rare cases where signs become a safety issue, the
inspection authority gives the City the ability to remove the sign at the property owner's
expense,
The sign impoundment process was added to discourage citizens from placing illegal
signs, particularly off-premise signs, and to encourage citizens to remove temporary signs
before they are in violation of the sign regulations. The impoundment fee was added at
the suggestion of a local real estate agent, and it would allow the City to recoup some of
the costs associated with the impoundment process, The City of Shoreview has a very
similar program impoundment program.
Notable Changes/Modifications/Additions:
.
The following list includes the noteworthy changes from the Sign Ordinance to the
proposed Sign Code.
. 1400.2 - Additional description in "purpose and intent" of the Sign Code.
. 1400A - Added the Severability section.
. 1400.5 - Added the Definitions Section.
. 1400,6-.7 - Additional permit and application process detaiL
. 1400.8-.9 - Additional review and appeals process information.
. 1400.11 - Added Enforcement section, which includes inspection authority,
impow1dment fee, and violations information.
. 1400.12 - Exemptions - Removed content specific exemptions; however, State
Statutes define laws for non-commercial signs during general election years
(subd. 3) and gun banning signs (subd. 4), which preempt local ordinances.
. 1400.15 Subd. 5 - Addition of reference to adult use signs, which have additional
regulation.
. 1400.17 - Additional clarification for temporary on-premise signs, directly
addresses temporary signs on multi-tenant properties.
. 1400.18 - Added Temporary Off-premise Signs section to provide flexibility for
placing off-site signs,
\\Metro-inet.us\ardcnhills\PJanning\PJanning Cases\2006\06-014 Sign Code (PENDlNG)\062006 ~ CC report ~ sign ordinance.doc
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Page 4 of 5
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1400,19-.21 - Removes any language that may be construed to regulate content,
rcorganized content to make it clearer.
1400.24 - Updates to the non-conforming language to be in conformance with
State Statutcs.
.
Recommendation
If the public hearing provision is included with the Sign Code, a public hearing may be required
with the Planning Commission before the City Council can adopt the Sign Codc. Staff is
working with the City Attomey to determine the proper procedure for adopting the Sign Code.
If a public hcaring is not required to adopt the Sign Code, Staff rccommcnds adopting the Sign
Codc subject to resolving the following:
. Moving the sign regulations to the City Code or keeping the reb>ulations in the Zoning
Ordinance.
. Finalizing the provisions for temporary off-premisc signs.
. Determining if a public hearing process should be required for future changes to the Sign
Code.
. Resolving any final questions or concerns,
Attachments
8A-I
8A-2
iSA-3
8A-4
8A-5
Draft Planning Commission Minutes
Proposed Sign Code
Public Hearing Code Provision
Off-premise sign regulations for other eitics
Old Sign Ordinance
Mt'tro-inc-1.lIs\,mkllhills.Planning'-.Planning CCises\200()'06-011 Sign Code (PENDlNG)\062006 - CC repon - sign ordinilncedoc
Page 5 of 5
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Attachment SA -1
Draft Planning Commission Minutes
from the June 7th Meeting
.
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June 26, 2006, City Council Meeting
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ARDEN HILLS PLANNING COMMISSION - JUNE 7, 2006
5
D.
PLANNING CASE 05-14; UPDATED SIGN CODE
Mr. Lchnhoff explained that in 1997, a lawyer from Georgia, working with various sign
companies, began a search for locations to construct new billboards, some as tall as five
to seven story buildings. Many cities do not pcrmit new billboards, which is the case in
Arden I-lills, or permit billboards of that size. Despite the restrictions on billboards, the
lawyer would apply for the sign pcrmit with the expectation of a denial. Once denied, the
lawyer would file a lawsuit against the controlling government unit, often a city, claiming
that the sign regulations are unconstitutional and, consequently, the sign regulations
should be deemed unenforceable, If the sign regulations are deemed unconstitutional and
unenforccable, the city may bc obligated to approve the billboards or come to some sort
of a negotiated settlement
Although the results of the lawsuits have been mixed, the sign regulations in some cities
and counties have been deemed unconstitutional because sign contcnt was inadvertently
regulated. A city camlOt regulate the content of a sign and, generally speaking, cannot
show preferential treatment toward signs based on content Basically, a city cannot tell a
business or resident what they can and cannot have for a message on their sign or hold
higher regard for a sign based on its content
Cities that excmpt some signs from sign regulations or show preference for a type of sign
based on content are at risk of having their sign regulations deemed unconstitutional. An
exemption for for-rent, for-sale, or even religious signs has been construed to be a form
of regulating content Due to these types of cxcmptions, the cities of Hopkins, Eden
Prairie, and Bloomington have faced such lawsuits, some of which is ongoing and costly.
On March 13,2006, the City Council adopted a sign moratorium to allow the City time to
update the Sign Ordinance to rcmove any potential constitutional issues without the
pressurc of facing a costly lawsuit Although Arden Hills has not received any requests
for new billboards, the City's frontage on Interstate 35W, Interstate 694, US Highway 10,
and Highway 96 makes this an important issue.
Mr, Lehnhoff rcviewed the changes and modifications made to the Sign Code for the
Commissioners. He asked for all questions, changes, or concerns, including any spelling
or grammar mistakes,
Commissioner McClung stated he had a concern about changing from a Sign Ordinance
to a Sign Code, He stated he was not concerned about how difficult a Sign Ordinance
would be to change. He noted the City was unique and signs were a big issue in the City
with residential interest and he was concerned if they went to a Sign Codc, there would
bc no public hcaring involved. He indicated he prefcrred this be maintained as a Sign
Ordinance and not a Sign Code. Mr. Lehnhoff stated the City Attorney had
recommended the City switch to a Sign Code, which would become part of thc official
City Code.
Ms. Barton statcd with a Sign Code, it would allow staff to make minor adjustments to
the Code without have to bring it to a public hcaring. She noted any major content
changes to the Sign Code staff would foresee putting together a task force, which would
involve public participation,
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ARDEN HILLS PLANNING COMMISSION - JUNE 7, 2006
6
Chair Sand asked what other cities had done. Mr. Lehnhoff responded other cities used
both Sign Ordinances and Sign Codes and there did not appear to be a preference. He .
noted any change to the Sign Code would require City Council approval.
Commissioner McClung stated he did not mind keeping this as a Sign Ordinance because
he did not believe it was a burden on the Commission or City staff. Mr. Lehnhoff stated
the only part that would not come back to the Planning Commission under this proposal
was an actual textual change to the Sign Code. The Planning Commission would still
review signs for proposed developments and any signs that exceeded or deviated from the
Sign Code,
Commissioner McClung stated he saw this as a zoning issue and those were issues that
might get some residential interest where they might want to comment.
Commissioner Zimmerman noted on Page 3, Subd. 3, the word perpendicularly should be
checked for grammatical use,
Commissioner Larson asked staff look at this subdivision again with respect to signage
on berms. He stated with Subd. 28, he had a concern about signage on roofs being above
the roofline.
Chair Sand expressed concern with the wording on Page 9, under 1400.8 Review Process,
"All permits not reviewed within sixty (60) days shall be deemed approved,". He
requested staff clarify the wording under that provision. He indicated if staff had 75 days
to inform the applicant of approval or disapproval, this could cause confusion. He
indicated under 1400.9 Appeal Process should also be clarified with respect to the
deadlines.
.
Commissioner Modesette asked staff to look at Page 10, 1400.11 Violations provision
with respect to the fines and the wording "each day".
Chair Sand inquired if the City had jurisdiction with signs in the County right-of-way.
Mr. Lchnhoffresponded that was something staff would look into.
Commissioner Modesette stated on Page 13, Subd. 9, it would be her preference to have
roll-out portable signs as a temporary sign and not a prohibited sign. Mr. Lehnhoff
responded he would look at how to change this to a temporary sign.
Chair Sand asked how they addressed the amount of illumination of signs to prevent
signs being too bright. Mr. Lehnhoff stated this type of a provision eould be added to
Section 1400.15.
Chair Sand asked how they would address scrolling signage. Mr. Lehnhoff stated that
could be added to Seetion 1400.13 as being a non-permitted sign and he would work on
wording for that provision. He also stated the definition for flashing signs could be
adjusted to account for scrolling signs.
.
Commissioner Larson asked if they could prohibit scrolling signage being changed more
than a certain number of times during the day.
.
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ARDEN HILLS PLANNING COMMISSION - JUNE 7, 2006
7
Mr. Lehnhoff reviewed the three options for off-premise signs. He stated that these
options were a starting point and would require modification. He pointed out the
spreadsheet that shows how other cities handle off-premise signs. He noted that most
cities do not permit signs in the public right-of-way. Mr. Lehnhoff stated that the only
thing we can't do is give a broad cxemption to real state, open house, or other specific
types of signs.
Commissioncr Zimmerman stated hc agreed with Option C in regards to off-premise
signs. He questioned how real estate companies would be able to put up Opcn House
signs if the signs were put up on the weekends and City Hall was closed.
Commissioner Larson cxpressed concern that people would not register and ask for
pemlission to place their signs and he belicved the City would need to remove the signs.
He did not believe they should enforce realtor signs, garage sale signs, etc., but rather
enforce transient signs. He stated Option C with the requirement of the name and
address, obtaining written pennission, and coming to City Hall for registering their signs
was not workable.
Commissioner Modesette stated she was more in favor of Option C over Options A and
B. She stated she did not see why they had to say "during daylight hours" if this was a
temporary sign.
Chair Sand believed Option C was the most flexible, but he agreed that some of the
provisions within Option C were not workable, such as registering with City Hall, as well
as the owner's nanle and address on the signs. He stated with respect to a half mile rule,
there might be instances where more signage was required if it was a difficult location to
find.
Commissioner Thompson stated he agreed with Commissioner Modesette with respect to
daylight hours noting that in the winter, daylight was very short. She indicated they
might want to require the sign be taken down within a certain time period after the event.
She agreed having a name and address on the sign should not be included, as well as the
registration with City Hall. She liked the aspect of the written permission if it was on
someone else's property. She asked if they needed to address that the City had the right
to remove and destroy any sign if was in violation of the Code.
Patrick Ruble, Government Affairs Director for St. Paul Area Association of Realtors,
stated they struggled with sign issues on a daily basis. He thanked staff for being open
and cooperative with working with the realtors on these issues. He stated signage was
very important to marketing real estate and he wanted to work with City staff more on
this issue. He stated if there was an issue with a realtor sign, the City could call him and
he would contact the owner of the sign and have them remove it. He indicated if they
would be required to register with the City Hall and obtain property owner permission,
this would be a burden to realtors, but if they could register one time on-line, this might
be a possibility. He believed there were ways to work with the City on this issue.
Angela Hames, Real Estate Agent and resident of Arden Hills, stated she has been a
resident of Arden Hills for 13 years. She stated she would be happy to address any
qucstions with respect to the business of real estate and the SigIlage. She stated that
limiting off-premise signs to 110 more than four was problematic for neighborhoods that
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ARDEN HILLS PLANNING COMMISSION - JUNE 7, 2006
8
had more than one aecess. She stated in some areas four signs were not sufficient to
direct traffic to the home for sale. She stated there was not a problem with listing a sign .
owner's name and address on real estate signs and signs were writtel1 with permanent
market on the inside of the sign with the owner's name and address. She indicated the
signs were expensive and rcal estate agents did not want to lose their signs. She stated
that some cities charge an impound fee to retrieve a SigIl, which is a strong incentive to
pick up our signs. She stated to include the name and address of the home they were
selling would be burdensome and probably would not look good because that information
would need to be temporarily affixed to the sign. She stated it would be very
burdensome to register real estate signs with City Hall. In Table I, she expressed
concern that temporary signs were allowed in only District I and District 3. She believed
allowing temporary signs in all of the Districts would be very helpful. Commissioner
McClung noted the problem they had with this was the City did not want to see a lot of
temporary commerciallbusiness signs.
Ms. Hames stated thc riders added to the real estate signs did add to the square footage,
but the riders did communicate valuable information. She noted the brochure boxes were
a very markcting tool and she understood the brochure boxes were not part of the
signage. She indicated without the riders the signs were 2 feet by 3 feet and there might
be up to two or three different riders on each sign. She encouragcd them to allow the
riders. She noted they were sceing longer market times and signage and timing was
critical. She stated real estate agents were good about pieking up their open house signs
because they usually needed those signs for another open house that day. She stated to
allow open houses only on weekends, did not allow networking of agents, which were
hcld on Tuesday when agents toured perspective properties. She asked for a provision
for these types of events. She indicated it would also be burdensome to only place signs
within a half mile of the home being sold as there were instances where they needed to
direct people from a major route to the home, which was over a half mile away. She
asked them to reconsider this requiremcnt.
.
Commissioner Zimmerman stated they also needed to address the signs that directed
pcople to homes for sale off of a major thoroughfare. Ms. Hames stated that most cities
do not allow directional arrows and she understood this concern. She stated she did not
believe the City would get a lot of complaints from realtors rcgarding not permitting
these types of signs. She noted it was the temporary signs that were the "life blood" of
their business and not the arrow signs. She indicated all of the tcmporary signs were for
marketing to sell a home morc quickly. She stated the City needed to be conscious that
thc housing stock in Arden Hills did not continue to decrease in valuc. She stated she has
not seen any community address the riders on real estate signs.
Mr. Lehnhoff stated staff would change somc of the requested changes and re-evaluate
the off-premise sign options based on tonight's dicussion and have the City Attorney
review it. He stated a motion is not required at this time and he would inform the
Planning Commission of the next step. The sign regulations are likely to go to the June
26 City Coul1cil mccting for review.
.
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Attachment 8A - 2
.
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June 26, 2006, City COUl1cil Meeting
Proposed Sign Code
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DRAFT
DRAFT
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF ~IINNESOT A
TIlE CITY COVNCIL OF THE CITY OF ARDEN HILLS. RAMSEY COUNTY,
MINNESOTA, ORDAINS THIS CHAPTER AS TIlE SIG:'\ CODE FOR TilE CITY OF
ARDEN IIlLLS AND REPEALS ALL PRIOR REGULA nONS RELATED TO SIGNS
CHAPTER J4
]400.1 Recitals. This Chapter shall be known. cited and referred to as the Arden Hills Sign
Code, except as referred 10 herein, where it skill be kno\'m as '"this Chapter""'
]400.2 Purpose and Intent. It is not the purpose or intent of this Chapter to regulate the
message displayed on any sign. The regulations in this Chapter governing signs are
established 10.
Subd..J
Regulate 'thenl1ll1ocr, location; size~type,.intiJJl1ihitlori;;'aihf6thihphY8j4'a1
c~acteri$ticsofsigns\vj thin the Cityinorcl#<'tonpt()J~lofe;thbpuIMj~:h~~lifi;
safety, and welfare;
S'nbd..2' 'AJJoweffectivesignage apptopliate ,to the plannedchara'ger ofeadisigh
district;
Sllbd~ 3PI:omote. anattrdcti vecnvironment. wbik.'prhVidjtJ:,fffoI' dfccti'vtblJ8U$,6f
cbihrnunicatloh t()nsjst~nt with consiitfitionah~'t]<irantees;aJldthe,G)tYf~:gQaIs
of public safety and aesthetics;
DRAFT: 6,21:2006
Dmft Sign Ch<lpkl
P;lge I
DRAFT
Sllbd:L':4~ Minimize advcrseeffecrs::Oh nearbypropctty;'and:,
.
Sfih&:s Provid~ for fail' and' conSistent enforcement of the sign"~gu]iltl~'$~t:.fuitfi
herein under the zoning authority of theCity~
1400.3 Scooe of Re!:!uhttions. The sign regulations set forth in this Chapter shall apply to all
stlllclures and all land uses. This Chapter describes the signage standards for permitted
and special uses in the niJle sign districts that overlay {he zoning districts of the City.
Specific additional regulations aft' established tor signs \vhich arc unique in purpose and
not easily addresscd hy district regulations. No person shaH place, erecL modifY, or
maintain a sign. nor shall a kssee or owner permit propert)' under their control to be used
for such sign, that does not conform to the' requirements of this ChaptcL and all other
applicable regulations.
~4Qt)~l:Se';erabilitv, .... Ifanyscction, subsecticiri,sentcnce~ clause" 6r'pmas,t{QW'tn:iliqh?r.it~r;~'~)'ftir
.
atl)/kason hdd,to beiti\'aJid~. such invalidity shall not affectthe:validiiy;:or:;;d1f(;rc;~a~,m'ty
oflbe remaining portions of this Chapter. The City Councit hereby declares th~t it would
navea,dopted the Chaptet ,hleach section, subsection) sentence; ~:rrphrase:th~~~
ijfusptttlve of the filet that any uric or more sections, slJbjecti6ns~:~~~t~:r14~~:;~i~ij~~s;'br
phias~ arcdedared invalid~
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Draft Si?n Chaplcl
P;)i!l' 2
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1400.5 Definitions. The follmv,ng words, terms and phrases,
Comment; The dcfuritions scelioll was
added. The ddinilions do not change Ibe
functiofloftheregulations, they simply
the applicatioll Qfthe
consislent.
hn~'e thefueriiling'sascn~~d!f&thetp!'~~~P~~~:&I~~d~tiIi;'.ex~'e#t \vht&ktlli{tQf#~it!gt~affy
ihdic.atesa diffcr~n('IDG~'l:ling:
Subd. t BiIlbOl.ml: a sign ,hat is used fur the primary purpose of sellirig space
advcltisirig '<1 pr()dUct)service,'bilsiness,. oreyent which is:n(}{'of:fciedfof:.~a1#
ofj:ent'or does not..take..pl~tt'Qrithe..preri1Tses::dnwhich..th~:$igrils.'J{)c&tttdt
Subd. 2 Commerciaknressage;' any'lnessage'whichideIlUfie{:iCbusifi#$sovprodllctor
pi'omotesthe'i";.af(of ariypI'tidllct or .,service.
Subd.3 Height: the di&h~llce.tUe~suredperpendicul iir ffoUl,the 'highestpol,tit"hffuC,;$i!fu
stri.K:hrre to the first06dFekvciuoTl o(the:priticiple stiuctureOtl:th~,s~t'Ji~
parceFas tbesign.
Subd'~"4,, LightiT}g,,"biid4it:.'.~rijHjJilj.rt<ltcd',sign. w:herCthe:.'ligl1i's_d4t8~rw~1~liLHI\6IlWQkt<;s
the wall behind individual sign letters is hidden from view. Thc'sign lcttcrs arc
opaquc:and appe'a1"a'ia.,ij~lj'Quette'againstthe'..tjghted'SI)rface,
Subel. 5 LightiiIg. dire~;(:- a:ri'nJti-fu~Baiedisl'g{l wJierethe:s()9r~e:6night:i~vi'~ible:
StlixL6 Lighting, . exte!7U1E'.the.~ignjsll1i:intiriatfrd-hyhneanso(e~te:mah'l~gbF$xtot~
mre'Cted at the sign.
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Draft Sign Chapter
Pagt> 3
DRAFT
~t.i6'd~,it ::'!:1:lg}ir~ng;'i~direcb:atljJbnnlTlated' sign\vhcrc ihc'sigo' Tdle6tstl:t~;Jigb~'ft~m?;~I1
~xiGmalsollrce:
.
Stlbd{g:::7 Liilrtikgi'Ynterrial: an jjluminakd sign.hrtving the sOUrce 9fil.lumlhatio!1
t~~W{Hh'sid~' a translucent paneIwhichisnof directly visible.
Sllbd~9 >i(fie:qai:{ng:'the process'ofreplacingthc slgh coj1y,n1cSs~g(,'logo,>orglilphlp
oiFa sigIiwith6utaltenng or moving the s1ructure, to which the sigrl face::is
attached.
sti~d.jif' fl,Y?l'Yiceil'{e([ amopy_ open airroof-l ike stri1ctl1'r~ that projects (r()Tllthe,iv~n
of,ahtiHdlng or IS freestanding and is for the purpose ofshidding-cqUtlimerlt
~'ij<llor People-froin the element<.;:; is often fOlihd c{)vering service or gasoline
$ttiii6n'ishinds~
SuMUl!: ;Sig~t:@Jly:writteri message, pjdori~lpresentaticm, nUmber, jU1ISt~ation.
.
(feq~'Hpfl;banncr or othetdevicethafls:-l.lSed toannollnte.di~datteri1:i{)riJ&,
ide6#r)rJ'-iidyi?l1:ise Ol~ otherwise make anythlng-kno\\&:i.Tbe.terni"sjgri:r.sMl~
ri~tiritJude>hl~ldscaping or the ar~hitccturalembellishme.lit ofa building 110t
intCridcd'#j-comtriUni~atejnrOlmation.-__'fotPUI})()S:eSbfnlalritenaric~'t)r
rqJJioval~the teITIl :"sign" shaH 'also . inchiliefra:lnes;aridsi1pporfstluc,tlu~_
DRAFT: 6.'2J/2006
Dra/1 Sign ChapIn
Page 4
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Su bd'i;Ji 'Sigli af~4~;ill6'~i;bajri:sqt4& feift:6f'th~S'lrianesfredangI~::,(;jta~\:~,br::tfl'#pgi~
thaf~htlid&tf1~Slitl'COpY:
SubdL13 Sigil"qiJj:iliary:.Ci' slgrt:Sblcly providing, directjohJ(}f'hlt~r#~'J:'{:Jtcu1at.Q#;
PJtrkJrigt9r~ri:6Y~'re~tii~ti9ns. onparklrig;, securitY,w'arm,ngs:>:.Q~:()tl:i'~'siniihlr
signs that are generally not visihle Irom the public right-of-way or adjacent
prCipcities:.
Stihd;' 14 Sign}:iJti/i,opy!tl{;rh'iiifg} a visual rileSsage()rlogo'difaJ1~Wrlitlg,ot(,;4tnbpy,,{,\/hlch
isqonstrucicii'ae;conHngtb the reXllilferhenls of the buildingj:;{Xle{is'an
inJcgtatpartofih~'hlliJdjI1g/alld'is consist~tlt,\V1ththt:~t'chlt~#~r~:iiHq,design
of the building.
Suhd.15 S;gn,flashing: any illuminated sign. which is not a cbanging sign, that emits
ariiittihrlnltt8i1~!sclnl1 ing,orJlnsmng light; or creates thei]Ji:t$~Qil;6f
intftrijittcnt;;:s8iQJfing;.or flasJ.iing. l(ght:'by,'ani:rri#ti()n-~
Sub<!.16 Sign,ft'eestanding: a self-supporting sign usually held up by uprights placed in
ih(f:gr&Wrta-'~rany()theTbase thaf.;i,~ 'f\llch/)rech,Q:.Hie;:gi6vndi
subdJ'17 3tgn,. ifrdphib~a::sdJlpture'att.it}k:d'i6'()r sigrt..p~Nit~J:Hl&cl:ty:.biij_k\vi!.II'tbat:i~
prirrian.ly,'syinp611c,-otJ:eptesentatibnal'in 'nature.and nof'alph'a:'O:ri:numeriq:ih
coM~nt orcbpy~
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Draft Sign Chapl('[
P3gC 5
DRAFT
s)jfidFlg TSigi/'ittlimina[ed:miy ,sjgti/whkhhas 'tharacters, letteis~figu(es;"_dekl~--~j.
outlines whichiS'iUnminat~ by an ariHidal1ight soUice;
.
$ij~~i:j~!] ;'$ijj)i.i"iri~nuhii!lli;-- a.freestanding sjgn-~\ilthits- sIgn face:fmOui1ted:'Q~ftHe<gmijh(}
6i:"inountcd Oliab~se_ afleasta<;;v~,jde as tJj,esignaIld is"less_tIi~ui:t6tee6~ri
height.
Sulid,c20, Sign, Offpremise: a sigu whose message is not related to the property or the
adlVityan~ri.l~e occurri'bg OIl the property on whi chthesigriis.Jo~ted
SnbaL2'l Sigfl~-On~premise:.asign whl)Se:n:l€Ssage jSTelat~dto-tlie-p~Jty\)f:t~~
~Ctlvit~/and USe:.oCCUlTiJigonthe property on which the sigrijsJoc-atfqI_0n~
pieini:se"-signsinchidemu1ti~tenant identification _ signs thatmay-adv~it:is~
tenants on adiffet'enfpropertyprovided such tenants are withj.n-;{h~~Ci
~ppr{j~edPU-O'~ndp~iking,is;'shared hetween properties;
.
~,tti4~ '22,j,,<~tg'n,;pehndite:nt:anysign iliatis not a temporary sign,
s,ii'~~:23: 'Slgi1;'pole: '(1 fr~'c$t~,iding'$.igri that. is elevated, off the' gfout1d'b)j';6fi~':~f'!Jftc~i~
poles.
Subd: 24 Sign, projecting: a sigu, other thill)' a wall sign, thai is allaehed to and projects
more than eighteen (IS) inches from the buitding facade.
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Draft Sign Chaptt'l
Page 6
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$ijbdi: 2S /&fgn, pUbliJ:ariY'$t:grt3jath~d)1~'3'trtifflc'contro]'si~-fi:h 'I\1iTll}~$i)fii'$1~'~
St3iuies;a;nyi(ifaitificati{}n$ign'ih~hilfea'hi,a:pl.lbjic park by ~. PllbJic
auth6rlty~'and'any o'ther identiltettt{oi)UfbgtfkttBiy,ot watning:sign":appIoved
by the City Cooncil for inslallatiOll on public land.
811.bit:26"'.' -Sig)~;:1.6of' asi'g;ri-'that"is'mo1.mt6d.Q'fl-tf1e-roo{ofa:buildingo!'on '~'panipetWaH
thiit',lS,bclow,'thc'robl:llne.
Subd.,27;~'Sign~,rotaii1lg:asig)ior{i";p8rtttHi of asignwtlich 11lo\'csina'rotatihg,
OS~Hlht1ng"()rsirl1i lal""l11an'~br-other than ch~lJlging signs..
Subd.28 Sign. temporary: a sign designed to be displayed for a limited period of time
fhatis not perrriaDciltlyaffix.cd to the: lando[ toa.structure,
$,tib&:29 Sigiz~:'walb a sign attachd:lto:Qr]~~t~:ag~,n~ialh~xteri(}i.waUsurfaCc-6fa
building_:oi:-};th.lctrire:
Stibd~:3Q ,- Sign"windolv:a .sigrinmuntedwHhtri: thcwindbwarea~appIi~(:ttpttltei:wb;tdijw
:cm.fastened-in-_a'inafInetthlilt::is iritendedto_bc_viewedJfom-Og~&1d~!the
building.
DRAf---r- 6:7U2006
Draft Sign Chapler
Page 7
DRAFT
1400.61'ernlit Re<luire{h Except foithosesigns listed In Section 1400.12, no pem1anent or
. ------',...,"" - ................ .
(ttnp6:f~~r#imj*~n.he_-~t~~'alfefCd~ rec6JistfilcttXl,--ltJ~~ht3.i~d; or moved'fll:tht'.'Gity
withoUt Obtnning a sign pennit from the City. The content of the message or speech
(ft~~~~~~~~;lh~;~~;;~&alt:~filC- cOliside:rerl-when appFOving.ot denyin'g a>sign perlnit;
lj~~j~~:':-~-:Z~~:m9~fI?esu&mi.tted.t()-~Valuate'theslgn-copy-area-'andto'rcstrIct
permanent.off-Pt<<mlse signs. A separate sign application shall he required for each sign.
1;~Q91~)An6fiC!~Htin-::I'~ti:t~~:-_lSpL~pphc3tiolifor aSlgn pcrinitsllaU bean tbe City ~ s official sign
application and.shaU~contain the following information:
Subd. H'.:: Name;: signature, address. and phone number of the pmpel1y owner (required);
stibdU:2:-i~ t~~~~-~tgnaluretadaress;-alld phone I1umberofthe applicant-(ifdifferent,than
tH~ipigp~#Y:;{);\:V1iei);
Sulld.. 3 . " PaiteJiID of' the property;
s.ilj!i~'4~ r~i~!;~,cimp~-b~~!:;~~jjf'pUmsshowjng the' tlece$~ary .elevations" setbacks,. size,atld
tl~lairs< 10 fully and clearly represent the constnlction and place of the sign(s);
Subd.5 < lypii'of.s,gn(wall, monument, pole, etc.);
DR:\FT: 6/21/2006
Draft Sign Ch3plcl
Page i':
Comment: Sections J400.6".9are IllOTt: :
dt:~ipjivt:t1JantlleoldOrdinallce_ TIle
appe.3Js process was added 10 help clarify
the procedure wheu a sign app}ication is
de";,' .
.
.
.
.
.
DRAFT
Silbd.~6 - Certification by the ^applicant(s) i1!dicat;ng the application complies with all
requirements of this Chapter;
Stlbd.7 - .A separate huildiug permit may also be required from the Building Official for
sj~~':ii1~:dl:VJn~ftt~\v;;br;tW!#J~fjeosjgJ} stm~tUres;
-!Slootf{R~-f-i~/~roces:s~'-;;Tile'-CitY-PIaYlntt-~hall,apprtive' or: deny the sign :permit.'applj~hliQn._irt
an expedited manner, no more than thirty (30) days from the receipt of the CGmpleted
application, ineludingapplieahle fees. All permits not reviewed within thirty (30) days
shall be deemed approved. If the pennit is denied, the City Planner shall prepare a
written notice of demal that is-p;,stmarkcd within thirty (30) days of the accepted
a.]Jphc~tion. _tllenoti<;~:~halJ_be-_seni'yiaUnjted States P-ost-Office.ulail,w'ith-deliv.cry
(6~fiimatiqn, to- ,the -appJicai1(1t::Hf~-:Address_on-tbe 'application.
t~OO.9 Aijjj~atSPt6c~SS.- A'ppeals ~1i11ti ~e:iT1ade to dic. PldhbjngC6111rni~$t-orrijtwoilllgwjthin
fifteen (15}days of the confirmed detiveI)' of the denialleller for tbe sign permit
applieatiolt The Planning Commis.,ion shall hotd a bearing to review tbe appeal mJd
make a determination oflbe appeal within thirty (30) days. Appeals of the Planning
Commission deei"i<;n shall he made in writing to tbe City Couneitwitbin-fifteen (15)
days of the PlanniiJg<:;ommission dlXision. The City Counci) sball bold a beming to
review and make adetermination oftbe appeal within thirty (30) days. --Appeals of the
CityConnei) decision shall be made to District Court within fjfteen (15) days oHhe City
Cmiri~il d@Efslon;
DRAFT: 6,:2J/2006
Dmft Sigll ChapleT
Page 9
DRAFT
14oo.lQ :~~:: i;lf..k; Sij;U~i>ermit fees and the impoundment fee shall be set by the City Council
1~4hA~1'Jm' ,~ ," ,
"'" ~. ~ '. iCiIIL,pettion &- Enforcement.
SlIl5iIi:t ::Jn~spection Authority. AU signs for wlllch a permit is required shall be
~bj~g~;':ft:jH~~ipI{by:~,C6m,ij)ijhityD~~dbpnicht.DirCctor or the Djf~tor:s
desfgnee; who is hereby authorized to entcr upon any property or premise to ascertain
~h:"thertM pmvJ~ion&ofthi" ordinance are being obeyed. Such entnmce shall be
~e"4wj:#~:~ti,~j#~~~\h~TIffinie~s:;~lj,..~~~gehcy.'eiiSts_
ir1':Qi:s'~:,~1ii.ilt~"T6~il~f(jtrunuhH:y Developrnent Direcloror the
,~?~9fl$<~~gne.e:iui;tY-:Pt4~<th~'teffibval:qranysign that is :l1ot 'mairitaine&jn
~~S~~]j,~~:'W~t1)Ftl1ttrij~iijf~ri~d(~;pr(iY'$,10ri~,'Qfthis.Drdinancc:' tJpbi'Ffailure to
~Q~J1#~lYl:;\yiill;:~~)t,pptiH~Y}:Vjm~'fli:thttiiiid~p{idfi~d;:m' ~"Uch. order; tntt'C:itJ'(?oundiJ
l!!~Y;~~~I~nfili~}~1gi)i:fff~b:_:a<pti6:Ll~:,niJ1Sance;'t;eIl1Qve it, 'and"assess the;cB~t{)f
Slib~.~3 ' ';~ Violations. EalCh day t!:rat the violation of this Code continues shall be
ciinsiderea a separate otTense (NOT NEEDED ll' PART OF CI1Y CODE).
DRAFf: 6/21/2006
Draft Sign Chapter
Page ]0
.
Comment: The old ~ign ordinancl:' did
nolincllIdeanmspecrionorenfwcclIlenl
rf(>\')~Ton.
.
.
.
.
.
DRAFT
Subd.4 -,ImpoUndniellt{)f,Signs onP,ublic Property or Within Public Right-of-Way.
l~lj~'.~~;m~'y;14'f,?'~y,'t~~e"~rid;:~~lli:&4't::#Ol)g.~JL(jid'et'.i1i{f]itipgI;1_Q~m6tli-.-qf-sigrts.-w~i-~_h
~~~c:l;'-~~P;;~~fuU:~4;Bl1publidpropei1Y):M4tb,(~:i pbbit~-fight::ijt;WLlyor'withiHa- publJt
'e::l~~l11~:fthat_a~ill-- violatioIi;of th~$jfI:llitPte_"0:J:1fu-sigtiB)Vl1er nlaY-I:~tlipil:~an
impl!iinded sign subject to the following rules:
(I }.P'ayment of an impoundment rclca", fce.. Any 'subsequeJ]hmpoundmenl( s), within
9!1W#<tI~p#ar--y~~~-.f()ra:nartlctllai-prBp~rt-~_::Qr--$ign::QWri'~;Wl]lrequjrc paymeilt'of
dQUl1i~:ibej:riJtial.-iJnpouIHiI11erit:~le~~e_f~.
(2) Any impounded sign must be retrieved' /fom tile impound arca within three (3)
d~y~(o}~'t'h(:frr1})B:llndrilerit 6rlhe_CityJfi~)/djspbse' .bfJ:L Xli).; cost inCurred- bytlie
City for disposal of an impounded sign sbalfne assessed to the property o....ner.
(3) The City shallltave no obligation 10'1l0tiry a property owner that it has impounded
(4) ':rhe City shall not be lleld liable for any <Iamage to an impounded sign.
1400.12
Exemptions. The J()lIo\ving signs shall not require a petmi! issued by the City.
These exemptions, however, shall not relieve the owner of the sign from the
responsibility of its maintenance and its compliance with the provisions of this Chapter or
any other 1m\' or ordinance regutating lhe same.
DRAFT: 6/21/2006
Dr<Jl", Sign Chapter
Page 11
DRAFT
Subd. 1 Official public notices or warning signs required by local, state or federal law.
including but not limited to traffic control and other regulatory purpose signs:
.
Subd.2 All signs of any size containing non-commercial speech may be posted from
August I in (Jill' general election year untillen (10) days follo\ving the general
election and thirteen (13) weeks Plior to any special election untilleD (l0)
days following the special election provided lhilt the signs are in compliance
\vith Minnesota Statutes;
$.16(1.3'.;; ~:a~~~;fi't1tftij~~r~lli~;1~~~bdingJ~~'(~)squ~'re feetinarea for each structUre
assjgned address;
Subd,
Districts 1 and'3 shall be allowed up to eight (8)
tha:t'a'singJe:',sigfi'is iKl'brger.than six (6)
an&tTeestal'ldingsigns. ate least five
.
Subd.:;, Tempoffi.y'6ft"~mi", signs as designated in Section ]400.J8;
Stlbd~(V,; ~~~i$,~,~ty;s,~g~I($~:Slgri$::;wJtliii{~'bhild)ng:ikdvided'tMfth6,~ign; is not visible
fr()nrthe'pu"lfe'right-of~way, adjacent propelties, and is not illuminated; and,
DRAF1' 6/21:)006
Drafi S igll nJ..1plel
Page 12
.
.
.
.
DRAFT
Subd. 7
Any sign display or device allmved under this see-tion may contain, in lieu of
other copy, any othcf\visc Ia\vful noncommercJal message that does not direct
attention [0 a husiness oper<lted for profit, or to a commodity service for sale_
and that complies with the size, height and lighting requirements of this
Chapter.
1400.13
Prohibited Sh:ms. The following pCn11anent ilnd temporal)' signs shall be
prohibited in all sign distlicts:
Suhd.l Signs with moving, swinging, or revolving pat1S~
Subd.2 Flashing or scrolling signs, except when used to provide pnmalily time and
temperature or other public service information and not to exec-cd t\\Tnty-fivc
(25) pen.:ent of the area oftlle sign face:
Subd.3 Roof signs, a sign mounted on the roof of a building or on a parapelwall
Subd.4 Projecting signs, a sign, other than a wall sign, that is attached to and projects
from the buildIng fayade.
Suli.t 5 ',Any sign' uot co~ctcd, wired, assembled, attached or Supported in
ci&#~W1Mc~;wiffi!'~oo)~c~l)l~J)UjIdjrtg Qt'.'other.c0+es:ahd'..regtiiatl:c{ns;
DRAFI-' 6:2).'2006
Draft Sign ChapleT
Page 13
DRAFT
Suhd.6 Signs in the public right-of-way except as provided for in SeCtjori'11oo:1~.
Minnesota Statutes or allowed by the agency regulating the right-of-\'vay:
Subd.7 Signs attached to utility poles, trees, street signs, or stoplights:
Subd.8 Permanent off-premise signs, including billboards;
Subd.9 Any sign not specifically peImitted in this Chapter.
1400.14
Re!!ulation bv Sill.. District. For the purpose of regulating signs. the following
nine sign districts arc adopted:
District
Descri tion
All residential properties zoned R-~ or R-2.
All non-residential uses in the R-l through R-4
zoning districts.
An residential_properties zoned R-:) <Jnd R-4.
All properties fronting on County ROlld E east of
Highway 51.
A1J propel1ies fronting on Lexington A venue SOllth
of Interstate 694.
All properties zoned for commercial or industrial use
fronting on Lexington A venue north ofInterstLlle
694; properties along Highway 96, and properties
located in the B-Izoning dis.~rieL
All properties in the J Flex, Gateway Business. or
other commercial or industrial district without
fTontag~__on a roadway designated above.
All propeI1.i_I::_S. zoned Ncighborh()_(}.d Business.
The parts of the TCAAP area not fronling on
Highway 96.
2
3
4
5
6
7
8
9
DRA fT 6121/2006
Dr<lf1 Sign Chapter
Page] 4
Comment: The (iry L~nn(>l !live
jX'mlissioo to citiz.en:; (0 place 5igns in
rhc(OUJlI"or Slateright-ofway
.
.
.
.
.
.
DRAFT
1400.15
Permitted Si2n Tvpe~ Area. Hei!!ht. and lllumination bv Shm District. All
signs shall confoml to the applicable standards in Table One: Sign Standards hy Sign
District. The following provisions shall also apply:
Subd. ] \VaJJ Sign. Wall signs shall not extend morc than 18 inches fmm the \\:all
they arc attached to.
Suhd.2 freestanding Pole or I'vlonument Signs.
A. No more than one freestanding sign is permitted on any sile except in cases
where propcI1ies front more than one street.
B. For properties with more than one street front. an additional freestanding sign
may be permitted on the other street [rant provided that the sign does not
exceed half the size of the m<lximum signagc area allowed for a freestanding
sign in the assigned sign district.
is: vJ$Jli'lc frohl;'6Yq sia~~"iW~Jarea';sh&lr6nlyN~'
8~~W~~'~~:g$i'hg'<(Jil~'I*I~'p~V'i<ied'.'tha:t:dJ~,'.coi1t##t'ls-iderttical'{}n,both sides,
.QliI!;~~~afiijtHg,:Sjgbi:\YJih.t\vci' v'i'sXbi~:siiltiW:$~~H;.BtY$:lftitat'Cd "as'twn'Separfite
identicaL
DRAFT: 6/2 [,,'2006
Draf1 Sign Ch<lpter
Page- 15
DRAFI'
E. Design of freestanding signs in District 5 shall be monument type ground
signs with the copy resting on and supported by a solid base of brick or rock-
.
faced block in a color similar to or complimentary to the main stmcture on the
site. The material of the base must extend at least one-halfway up the siues
oflhe sign face.
.f'. Freestanding signs shan be located at least one (l) foot from any propert::i line
and shall not project over the property line. However, if the bottom edge of
the sign copy is not located at least ten (10) feet above the ground wiLh
supports that do not encroach on the clear vision of approaching traffic. the
sign shall be located to preserve the following clear vision area. The clear
vision area ~~Jl1~~~;:~i~;i~~thffi;:~.triapg}~:;tIlMisineasJted:~JoIlg. the edge
'of the fOll<1 stait'i,)g /if'fhe, intersection of twb roads (puhlie or pri vate) and
extending llii[l;!i;f;lO}feethiea'Ch'direction trom the intersection and then a
D
I-I
.
Subd.2 Each edge of a service area canopy facing a street is permitted 25 square feet
of sign area in addition to all other sign area permiued on the site. Such
signage may be illuminated extemally, intemally, or backlit, but no otherpaT1
of the face ufthe canopy shall be ilIuminated.
DRAFT: 6/21/2006
Draft Sign Ch<lplcl
Page 16
.
.
.
.
Sllbd.3
DRAFT
No part of an awning or sun canopy may be less than 8 ft. or greater than' 2 ft
above grade. Any sign area on the awning, if iUuminated, will be deducted
from the ptTmitled wall sign area. The fabric or material used for the awning
or canopy must be opaque and no internal illumination is permitted.
s~i\iI~:'" . Adllltl1sc Sigils: In addition to this Chapter. all adult use oriented signs shall
DRAFT: 6/2Ii200()
the Adult Use Ordinance. Where any
p:tqm~tdi;tl1i$;Gij~,p_t~i:~&ufijc:t:~:~jlfthb:AdultUse Chapt~~ .~hbJir()visjon
Draft Sign C!raple!
Page 17
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DRAFT
1400.]6
Allocation of Permitted Si!!D T,'pe and Area and Provisions for Multi-Tenant
Developments and Sites. 1n multi-tenant buildings or sites, the pcnnittcd sign area and
sign types, except for permitted freestanding signs, may be instalIed by each individual
business establishmenl that has exclusive use of some portion of lhe Slreet or otherwise
primary level of the building and direct access to the outside. Tenants located on the
street or otherwise primary level in a center with a common mall or atrium shall he
considered to have direct access to the outside for the purpose of this section.
Subd.l The management and ownership of any busmess establishment proposing to
install sign age must be separate and distinct from the management and
ownership of any other establishment in the same building or on the same
building lot. Each establishment must be separated from all other
establishments by party walls [as. per the International Building Cndel having
no openings or passages.
Subd.2 Signagc for establishments occupying a multi-tenant building or site, but not
locatcdon the street or primary level of the building must be provided from
the aJlocation of sign area and type to the occupants of the s.treet or primary
level of the building.
Subd.3 Only one freestanding sign is pem1incd for each development or parcel
whether occupied by a single orby multiple tenants. In the case of multiple
tenant sites, the pcm1itlcd freestanding sign area in Chapter 1400.15 "Table
DRAFT 6/21/2006
Oral! Sign Ch:lpter
P::lge ]9
DRAFT
One Standards by Sign District" for the single permitted freestanding sign
must be allocated by the O\.vner of the site among I1S tenants.
.
1400.17
Temoorarv On-premise Si!!DS_ Except as provided for in 1400.18 all other
tempordry signs shall require an approved sign permit and conform to the follm;ving:
SlIbd.1
Temporary signs, including
and streamers, pennants,
Comment: Tlie pre\'ioll~ ordinance did
not have provisions for roU-ou1 portable
signs_ The Planning Commission
suggested including them as temporal}'
pennit1e~_~!~_~~~~__,
hanners, balloons, inflatables or other similar object with a commercial
message, Illay be permitted for a total of thirty (30) days per calendar year:
Subd.2 Temporary signs shalT be secured and well-constructed $0 as not to create a
hazard to pedestrians or vehicles.
Subd.3 The area of all temporary signsshall not exceed one half of that allowed in
Chapter ]400.15 ~'TableOne Standards by Sign District" for a permanent sign
ofa particular sign type in a given district;
.
Subd.4. A temporary sign shall not exceed the height limJts listed in 1400.15 "Table
One Standards by Sign District" for a permanent sign of a particular sign type
in a given district;
DRAFT: 6/21/7:006
Draft Sign Chapter
P3ge20
.
.
.
.
DRAFT
Subd.6 Freestanding temporary signs shall only be permitted in distric-ts \vhere
freestanding signs are permitted as listed in Chapter] 400.1 5 "Table One
Standards by Sign District" for a pcnnanent sign ofa particular sign type in a
given district. If a confoffiling freestanding sign is Jlrcady in place, the
temporary freestanding sign shall be attached or adjacent to the existing
freestanding sign;
DRAFT: 6/)]/2006
Draft Sign Chapter
Page 21
DRAFT
J400.18.' .. ,1't\..lIffi,rai'V~feliliS. Silfus
pf8\ll~~i?~t~~St~fp~:preeril'r~'~:tJ1t::~Igil::ibg4i~_i):ati~!fq~-~~lgti~~ng;-~olnnruruti~j;
n Displayjl;(JiO:#iore than three COll~.cntive days in~y ..iren day permd OR
l).Display~,fbetwi,en the hOu~s of 8:00;un ~Thnrs":iy}'iin<i8fl)O pm (SnndayJ.
DRAFT: 6/21/2006
[)mf! Sign Chapler
P:.lge-22
Comment: The old sign regulations did
nothavepro"isionsfoflo;-mpo.raryt)ff-
prcmi:>c SI;:''llS. A pl,-mil would not be
r~f~~::,';;;:: ::~:~~~~..
! JXTIIlil1eu It:mpol<uy SiplS be more or less
!Ihanfrw"'
i Comment: SJlOuJd tbe oIT-premise si!,'n
i on pri....ate property only appli<'s m
i residential areas')
Comment: "-ill oced to (1100$C (HI('
i option forlht'flDaJ ,i),'llcodt'. Can mooiJy
, dales. times. de.
.
.
.
.
.
DRAFT
1400.19
TemDorarv Banner Shms for Athletic Fields at JVlonuds View Ili2h School.
Bethel Universitv~ and Northn'cstern Colle2:e. ^thletic fields at Mounds View lligh
School, Bethel University, and Northwestem CoJIege may be permitted to have
temporary banner signs attached to the fences of their athletic fields provided that such
signagc faces the field of play so that the impact of the signage is directed only to those
utilizing the field or watching the sporting evenL and not surrounding propel1y O\vners.
In additiooo to the greatest extent possible such signage shall not obstruct sightlines 10 the
athIctic field for those watching the sporting event from the bleachers or other designated
viewing areas. The content of temporary banner signagc shall comply with the
sponsorship sign regulations as established by Mounds Vie\v High School, Bethel
University, or NOltll\vestem College for their respective athletic fields. The City
Administrator or Administrator's designee shall determine if the signage is visible from a
public roadway or from property outside of Mounds View High School, Bethel
University, and Northwestern College. If found to be visible, the signs shall comply with
the following size limitations and shall foHow the sign permit process as described
belm,v:
Subd. 1 Temporal)' banner signs shall not exceed fifty (50) square feet each.
DRAFT: 6/21/2006
Dnlf1 Sign Chapter
Page 23
DRA~T
Subd.2 The temporary banner sign shall not exceed a massing of over nine hundred
and sixty (960) square feet in one area or a total of t\\'o thousand (2000)
.
square feet.
Subd.3 Temporary banner sign shaIl not be displayed for more than ninety (90)
consecutive days or more than one hundred and eighty (180) days during the
calendar year.
Subd.4 Sign pennits sba/J not be required for individual banner signs but shall be
required where a new group massing of signage is requested.
Subd.5 The applicant shall demonstrate compliance with lhe provisions of1hj5 section
(including but not limited to: the dimensions of individual banner signs, the
dimensions of that group of banner signs, and the total square feet of
temporary banner signs).
.
1400.20
Permanent Scoreboard Si!!ns for Athletic Fields at Mounds Vie"" Hi2:h
School. Bethel University. and Northwestern Collc!!e. Athletic fields at Mounds View
High School, BethellJniversity, and N0I1hwestem College may be permitted to have
permanent scoreboard signage at their athletic fields- that IS clearly secondary to the
overall appearance of the scoreboard. Such signage shall face the field of play so that the
impact of the signilge is directed only to those utilizing the field or \vatching the sporting
event, and not sUITounding property owners. The content of scoreboard signage shall
DRAFT: 6/21/2006
Draft Sign Chaptt'1
Page 24
.
.
.
.
DRAFT
comply with the sponsorship sign regulations as established by 'l'vfounds View High
School, Bethel University, and Northwestern ColIege, for theif respective athletic fields.
The City Administrator or the Administrator's designee shall dete-TInine if the signage is
visible from a puhlic roadway or from property outside of Mounds View High School,
Bethel University, and Northwestern College. If found 10 be visible, the signs shall
comply with the following size limitations and shall follow the sign permit process as
described below:
Subd.l Scoreboard signage shall not exceed thirty percent (30%) of the total
scoreboard area, nor shall anyone scoreboard sign exceed fiftecn percent
(J 5%) of the total scorehoard area.
Snbd.2 Since the scoreboard signs are permanent in nature, the applicant shall be
required to obtain sign permit approval prior to the installation of any new
scoreboard sponsorship signs; at such time the applicant shall demonstrate
compliance with the provisions of this section.
1400.21
Permanent Si!!.ns for Athletic .Fields at l\lounds View Hil!h School. Bethel
lJnivcrsitv. and Northwestern ColIel!e. Athletic fields at Mounds View High School,
Bethel University, and Northwestern College may be pemlitted to have pennancnt
signage at their respective athletic fields. Such slgnage shall be permanent in nature and
shall not be lit by a direct lighting source. Signs may be an entrance gate style sign,
signage affixed directly to a press box/grandstand, or signage included on the scoreboard.
DRAFT: 6/21/2006
Draft Sign Chapter
Page-15
DRAFT
Such signage shalt be constructed of durable materials (finished melal~ finished wood,
plastic). The City Administrator or Administrator's designee shall determine if the
.
signage is vis.ible from a public roadway or from property outside of Mounds View High
School. Bethel University, and Northwestern College. If found to be visible, the signs
shall comply with the following size limitations and shall follow the sign permit process
as described below:
Subd. 1 The signage area of entrance gate signs shaJl not exceed thirty (30) square
feet, the signage area of press box/grandstand signage shall not exceed eighty
(SO) square feet, and scoreboard field naming signage shall not exceed forty
(40) percent of the total scoreboard area.
Suhd.2 The cumulative total of permanent signage shall not exceed two hundred
(200) square feet.
Subd.3 Since the signage would be permanent in nature, the applicant shall be
.
required to obtain a sign pemlit approval prior to the installation of any new
signage; at such time the applicant shall demonstrate compliance with the
provisions of this section.
J 400.22
Sif!ll Standard Adjus.tments. Adjustments to the requirements and standards for
the height, number, type, lighting, llrea or locatlon of a sign or signs established by this
DRAfT: 6/2]/2006
Draft Sign Chapter
Page26
.
.
.
.
DRAFT
Chapter may be approved through the Site Plan Review process if the following
qualif"):ing criteria of Subd. 1 or Subd. 2, and the necessary criteria of Subd. 3, arc mct:
Subd. 1 There are site conditions which require a sign adjustment to allow the sign to
be reasonably visible from a street immediately adjacent to the site;
Subd.2 The sign adjustment will allow a sign of exceplional design or a style that will
enhance the area or that is more consistent with the architecture and design of
the site:
Subd.3 The sign adjustment will not result in a sign that is inconsistent \vith the
purpose of the zoning district in which the property is located or the current
land use.
1400.23
l\laintenancc and Repair. All signs shall be kept in good repair and free from
pceling paint, ruSl, damaged or rottcd supports, framew'Ork or other material, broken OJ
missing faces or missing letters. Any structure from which a sign h8S been moved or
removed shalf be repaired with materials and/or painted or stained to match the existing
background.
Subd. 1 Activities considered normal maintenance and repair and not requiring a sign
or building pemlJt shall include activities such as replacing or repairing tamps,
ballasts, transfonners, trim, sign fasteners, nuts, or washers; painting the pole
DRAfT: 6/21/2006
Draft Sign Chaptc-r
Page 27
DRAFf
of freestanding signs; and painting the cabinet of freestanding signs or
building sigfL<;.
.
Subd.2 Activities not considered normal maintenance and repair that shall require a
sign permit from the City shall include:
D. Replacing the sign copy.
E. Removing the sign for the repair ofihe cabinet or any part thereof.
F. Changes made to tht: size, height or bulk oftlle sign or addition of
illumination
G. Changes in poles, slrucluml supports, bases or shrouds, footings or anchor
bofts, moving the sign to a new location, or replacement of the interior or
exterior cabinet frame, except the sign face.
.
Subd.3 A building pemlil may be required for any signs involving the construction of
or changes to a sign structure andior electrical connections.
i400~24'iC; ;N6nCco,,(ol'miol! Si!!Ds. Iti\i; tileirifent~j)J;;I~ls Chapter that nO,,",confonmng:slgos
DRAFT: 6/21/2006
Draft Sign Chapter
P<lgc 28
.
.
.
.
DRAFT
DRA FT: 6'21/2006
Draft Sign Chupter
Page 29
DRAFT
DRAFT: 6'21'2006
.
.
Draft Sign Chaplel
Page 30
.
.
Attachment 8A - 3
Public Hearing Code Provision
.
.
June 26, 2006, City Council Meeting
.
.
.
Proposed public hearing language:
14XX.XX Public HeariDl!. No amel1dment to this Chapter shall be adopted until a
public hearil1g has been held by the planning eommission. A notice of the time, place and
purpose of the hearing shall be publishcd in the of(jcial newspapcr ofthe municipality at
least ten days prior to the day of the hearing. The City Council shall gral1t fil1al approval
or denial of any proposed amel1dments or additions.
.
Attachment 8A-4
Off-premise Sign Regulations for
other Cities
.
.
June 26, 2006, City Council Meeting
.
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Attachment 8A - 5
Old Sign Ordinance
.
.
.
OLD SIGN ORDINANCE
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 333
AN ORDINANCE REGULATING SIGNAGE STANDARDS
WITHIN THE CITY OF ARDEN HILLS
333.1 Recitals. This Ordinance shall be known, cited and referred to as the Arden Hills Sign
Ordinance, except as referred to herein, where it shall be known as "this Ordinance"
333.2 Purpose and Intent. Regulatiol1s govemil1g signs are established to allow effective
signage appropriate to the planl1ed character of each district, to promote an attractive
environnlent, to minimize adverse effects on nearby property, and protect the public
health, safety, and welfare.
333.3 Scope of Regulations. The sign regulations set forth in this Ordinance shall apply to all
structures and all land uses. This Ordinal1cc describes the signage stal1dards for permitted
and conditional uses il1 the nine special sign districts that overlay the zoning districts of
the City. Specific additional regulatiol1s are established for signs which are unique in
purpose and not easily addresscd by district regulations. No person shall place, erect or
maintain a sign, nor shall a lessee or owner permit property under their eontrol to be used
for such sign, which does not conform to the requirements of this Ordinance, and all other
applicable regulations.
333.4 Exempt Signs. The following signs shall be exempt from the regulations of this
Ordinance.
A. Official public notices or warning signs required by local, state or federal
law, ineludil1g but not limited to traffic control and other regulatory
purposc SIgnS.
B. Any sign located inside a building that is not legible 1i'om more than 3 feet
beyond the property line ofthc parcel or lot the sigI1 is located on.
C.
D.
Updated: 01-30-2006
Ordinance 333
Page 1
E.
Any sign display or device allowed under this section may eontain, in lieu
of other copy, any otherwise lawful noncommercial message that does not
direct attention to a business operated for profit, or to a commodity or
scrvice for sale, and that complies with the size, height and lighting
requirements of this section.
.
F. AI1Y political campaign sign III compliance with Minnesota Statutc
21 IB.045.
G. Any sign placed within the right of way of a roadway with thc permission
and approval ofthe roadway authority
333.5 Prohibited Si!!DS. The following signs shall be prohibited in all zoning distriets.
A Signs with moving or swingil1g parts.
B. Flashing signs, except when used to provide primarily time aIld
temperature or ot11er public service information and 110t to exceed 25% of
the area of the sign face.
C. Roof signs, a sign mounted on the roof of a building or on a parapet wall
D. Projecting sigl1s, a sign, other than a wall sign, that is attached to and
projccts from the buildil1g fayade
E.
Off premise, billboard or advcrtising signs, or any sign that directs
attel1tiol1 to a business, service, product or event not related to or on the
premises where the sign is loeated.
.
F. Product signs (except as permittcd in Section 333.12, subdivisions 5, 6,
and 7; special rcquirements for temporary sponsorship banl1ers aIld
permanent scoreboard signage for athletic fields at Moul1ds View High
School, Bethel Univcrsity, and Northwestern College).
G. Any sign not constructed, wired, assembled, attached or supported III
conformal1ce with applicable building or other codes aIld regulations.
H. Any sign not specifically pennittcd in this section.
333.6 Re!!ulatioD bv Si!!D District. For thc purpose of regulation of signs, the followil1g nine
sign districts are adopted.
A. All residential properties zoned R-I or R-2
B. Alll1on-residential uses in any rcsidential, R-I through R-4, zoning distriet
C. All residel1tial properties zoned R-3 al1d R-4
D.
All properties fronting on Cty Rd E east ofHwy 51
.
Updated: 01-30-2006
Ordinance 333
Page 2
.
.
.
E. All commercial and il1dustrial properties fronting on Lexington Avenue
South of! 694
F.
All properties zoned for commercial or industrial use fronting on
Lexington Avenue north of I 694, Hwy 96, or located in a B-1 zOlllng
district.
G. All properties in the I Flex, Gateway Business, or other commercial or
il1dustrial district without frontage on an roadway designated above
H. All propertics zoned Neighborhood Busil1ess
I. The parts of the TCAPP area not fronting 011 Hwy 96
333.7 Permitted Sign Tvpe, Area, Height, and IIInmination by Sign District. All signs,
unless specifically regulated in Table I, Speeial Sign Types, shall conform to the
applicable standards in the followil1g Table One: Sign Standards by Sign District.
333.8 Definition of Permitted Sign Types and Lighting.
Subd. 1. Sign Types.
A. Wall Sign. A sign mounted parallel to the building facade. Wall signs
may not extend more than 18 inches from the wall they are attached to.
B.
Freestanding Sign. A self supporting sign on poles, stal1dards or any other
base anchored to the ground. No more than one freestandil1g sign is
permitted on any site. See the special design requiremel1ts for freestanding
signs in the Lexington A venue Commercial Sign Overlay District in Table
1.
Freestanding signs must be must located to provide at least a I foot
setback from al1Y property line. If the bottom edge of the sign copy is not
located more thal1 10 feet above the groul1d with supports that do not
cncroach on the clcar visiol1 of approaching traffic from any exit from the
site, the sign must be located to preserve the following clear vision area:
C. Projecting Sign. A sign, other than a wall sign, that is attached to and
projects from the building facadc. Projecting signs are not pcrmitted.
D.
Roof Sign. A sigl1 mounted on thc roof of a building or on a parapet wall.
Roof signs are not permitted.
Updated: 01-30-2006
Ordinance 333
Page 3
E.
Auxiliary Sign. A sign solely providing direction for internal circulation,
parking or entry, restrictions on parking, or security warnings. Only non
illuminated auxiliary signs are permitted, and no part of the sign may
display a product or logo message.
F. Graphic Sign. A sculpture attached to or sign painted directly on a wall
that is primarily symbolic or representational in nature and not alpha or
numeric in content or copy.
G. Temporary Signs. Temporary signs are regulated by Section 333.10.
Temporary Sponsorship Banner Signs for athletic fields at Mounds View
High School, Bethel University, and Northwestern College are regulated
by Section 333.12.
Updated: 01-30-2006
Ordinance 333
Page 4
.
.
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Subd. 2. Sie:u Lie:btine:.
A. Not Permitted. The sign is neither lighted il1ternally nor has a specific source of light
directed at it. It depends on the gel1eral illumil1ation in the area for its lighting. .
B. External. The sign is illuminatcd by means of external light fixtures directed at the sigI1.
C. h1ternaJ. The sign is illuminated by a light source located inside of the sign. Only the
letters or other symbols are illuminated within an opaque background. This includes
neon al1d or channellctter signs.
D. Backlit. The message is applied to a translucent panel, through which light is directed
from a source behind the sign face, illuminating the copy and background of the sign.
333.9 Allocation of Permitted Sie:n Tvpe and Area and Provisions for Multi-Tenant Developmeuts and
Sites. In multi tenant buildil1gs or sites thc permitted sign area and sign types, except for permitted
freestandil1g signs, may be installed by each individual business establishment that has exclusive use of
some portion of the street or otherwise primary level of the building and direct access to the outside.
Tel1ants located on the street or other wise primary level in a center with a common mall or atrium shall
be considered to have direct access to the outside for the purpose of this section.
The managemel1t and ownership of any business establishmcnt proposing to install signage must be
separate and distil1ct from the management and oWl1ership of any other establishment in the samc
building or on the same building lot. Each establishment must be separated from all other
establishmcnts by party walls havil1g no openings or passages.
Signage for establishments occupying a multi tenant building or site, but not located on the street or.
primary level of the building must be provided from thc allocation of sign area and type to the occupants
of the strcet or primmy level ofthe building.
Only one freestanding sign is permitted for each developmcl1t or parcel whether occupied by a sil1gle or
by multiple tenants. 111 the case of multiple tenant sites, the permitted freestanding sign area in Section
333.8 "Table One Stal1dards by Sign District" for the single permitted freestal1ding sign must be
allocated by the owner of the site among its tenants.
333. t 0 Temporary Sie:ns. Temporary signs, including streamers, pennants, and banners affixed to the building
wall, are permitted for a total of 30 days per calendar year. Freestanding Temporary Signs are permitted
ol1ly in districts (on the matrix) where freestanding signs are permitted and freestanding temporary signs
are not pcrmitted when a permanent freestanding sign is located on the same lot. The area of al1Y
temporary sign shall be one half that allowcd in Sectiol1 333.8 for a permanent sign of that type in that
district. Temporary sponsorship barmer signs for athletic fields at Mounds View High School, Bethel
University, and Northwestern College shall be cxempt from the provisions of this section and shall
comply with the applicable provisiol1s of section 333.12.
333.11 Sie:u Standard Adiustments. Adjustments to the requiremel1ts and standards for the height, number,
type, lighting, area or location of a sign or signs cstablished by this ordinmlce may be approved through
the Site Plan Rcview process if the following qualifying criteria of A or B, and the necessary criteria of
C, are met:
.
Updated: 01-30-2006
Ordinance 333
Page 6
A There are site conditions which require a sign adjushnel1t to allow the SIgn to be
reasonably visible from a street immediately adjacent to the site; Or,
.
B.
The sign adjustment will allow a sign of exceptional design or a style that will enhal1ce
the area or that is more consistent with the architecture and design of the site; And, after
finding positively on condition A or B abovc,
C. The sign adjustment will not result in a sign that is il1consistent with the purpose of thc
zoning district in which the property is located.
333.12 Special Sil!n TYnes.
Subd. 1 Service Area Canopy Sil!ns. Each edge of a service area canopy facing a street is permitted
25 square feet of sign area in additiol1 to all other sign area permitted on the site. Such signage may be
illuminated externally, internally, or backlit, but no other part of the face of the canopy shall be
illuminated.
Snbd.2. Awninl! or Sun Canopv. Awning or sun canopy: No part may be less than 8 ft. or grcatcr
than 12 ft above grade. Any sign area 011 the awning, if illuminated, will be deducted from the permitted
wall sigl1 area. The fabric or material used for the awning or eanopy must be opaque and no internal
illumination is permitted.
.
Subd.3. Desil!n of Freestandinl! Sil!ns. Design of Pre est an ding Signs in the Lexingtol1 Avenue South
of 694 Sign District. Freestanding signs in this Sign District may not bc supported by poles or columns.
They must be monument type ground signs with the copy resting on al1d supported by a solid base of
brick or rock faced block in a color similar to or complementary to the main structure on the site. The
material of the base must extend at least one halfway up the sides of the sign face.
.
Subd. S. Temporary spllW~~i,~tifJll Banner Sil!ns for Athletic Fields at Mounds View Hil!h School.
Bethel University. and Northwestern Collel!e. Athletic fields at Mounds View High School, Bethel
University, and Northwestern College, in the R-I and B-1 Zoning districts may be pcrmitted to have
temporary sponsorship banner signs attached to the fences of their athletic fields. The intent of such
signagc is to recognize SpOl1sors of the athletic programs at Mounds View High Sehool, Bethel
Ul1iversity, and Northwestern College. Such signage shall face the field of play so that the impact of the
signage is directed only to those utilizing thc field or watching the sporting cvent, al1d not surrounding
property oWl1ers. In additiol1, to the greatest cxtent possible such signage shall not obstmct sightlines to
the athletic field for those watching the sporting evcnt from the bleachers or other designated viewing
areas. The content of temporary .~iI'~I~~ banner signage shall comply with the spol1sorship sign
regulations as established by Mounds View High School, Bethel University, and Northwestcrn College
for their respective athletic fields. The City Administrator or Administrator's designee shall determine if
the signage is visible from a public roadway or from property outside of Bethel Ul1iversity, Mounds
View High School, and Northwestern College. If found to be visible, the signs shall comply with the
followil1g size limitations al1d shall follow the sign permit process as described below:
Updated: 01.30-2006
Ordinance 333
Page 7
A. Temporary
Banner Signs shall not exceed 50 square fect each.
B. The temporary sponsorship banner sign shall not exceed a massil1g of over 960 feet il1 one.
area or a total of 2000 square feet.
C. Temporary sponsorship banner sigI1 shall not be displayed for more than 90 consecutive days
or more than 180 days during the calendar year.
D. Sign permits shall not be required for individual banner signs but shall be required where a
new group massing of signage is requested.
E. Thc applicant shall dcmonstrate compliance with the provisions of this section (ineluding but
not limited to: the dimensions of individual banner signs, the dimensions of that group of
banner signs, al1d the total square feet oftemporary sponsorship banner signs).
.'n-~:j.!r::'""t~~:"i1l;tf)~.
Subd. 6. Permanent Scoreboard SOOn~QfsJbn Si!!ns for Athletic Fields at Mounds View Hi!!h
School, Bethel University, and Northwestern Colle!!e. Athletic fields at Mounds View High School,
Bethel Univcrsity, and Northwestern College, il1 the R-I and B-1 Zoning districts may be permitted to
have permanent scoreboard signage at their athletic fields. The intent of such signage is to recognize
SpOl1sors of thc athletic programs at Mounds View High School, Bethel University, and Northwestern
College, which is clearly secondary to the overall appearance of the scoreboard. Such signage shall face
the field of play so that the impact of the signage is directed only to those utilizing the field or watching
the sporting event, al1d not surrounding property oWl1ers. The contel1t of scoreboard signage shall
comply with the sponsorship sign regulations as established by Mounds View High School, Bethel
University, and Northwestern College, for their respective athletic fields. The City Administrator or the.
Administrator's designee shall determine if the signage is visible from a public roadway or from
property outside of Bethel University, Mounds View High School, and Northwestern College. If foul1d
to be visible, the SigI1S shall comply with the following size limitations and shall follow the sign permit
process as described below:
A. Scoreboard signage shall not exceed 30% of the total scoreboard area, nor shall anyone
scoreboard sign exceed 15% of the total scorcboard area.
B. Since the scoreboard spol1sorship signs are pernlanent in nature, the applicant shall be
required to obtain sign permit approval prior to the installation of any new scoreboard
sponsorship signs; at such time the applicant shall dcmonstrate compliance with the
provisions of this section.
Subd. 7. Permanent m~mIUN;mrnf~ Si!!ns for Athletic Fields at Mounds View Hi!!h School, Bethel
University, and Northwestern ColIe!!e. Athletic fields at Mounds View High School, Bethel
University, and Northwestern College, in the R-l and B-1 Zoning distriet may be permittcd to have
permanel1t field name signage at their respective athletic fields. The intent of such signage is to allow
recognition for those who purchase naming rights for athletic fields at Moul1ds View High School,
Bethel University, and Northwestern College. Such signage shall be permal1ent in nature and shall not
be lit by a direct lighting source. Field naming signs may be an entrance gate style sign, signage affixed
directly to a press box/grandstand, or signage included on the scoreboard. Such signage shall be
constructed of durable materials (finished metal, finished wood, plastic). The City Admil1istrator or.
Admil1istrator's designee shall determine if the signagc is visible from a public roadway or from
property outside of Bethel University, Mounds View High School, and Northwestern College. Iffound
Updated: 0]-30-2006
Ordinance 333
Page 8
to be visible, the signs shall comply with the following sizc Iimitatiol1s al1d shall follow the sign permit
process as described below:
.
A. The signage area of entrance gate signs shall not exceed 30 square feet, the signage area of
press box/grandstand signage shalll10t excced 80 square feet, and scoreboard field l1aming
signage shall not exceed 40% ofthc total scoreboard area.
B. The cumulative total of field naming signage shall not exceed 200 square fcet.
C. Since the field naming signage would be permanent in nature, the applicant shall be required
to obtain sign permit approval prior to the installation of al1Y l1ew field naming signage; at
such time the applicant shall demol1strate compliance with the provisions of this section.
333.13 Maintenance and Repair. All signs shall be kept in good repair and frec from peeling paint, rust,
damaged or rotted supports, framework or other material, broken or missing faces or missing letters.
Any structure from which a sign has beel1 moved or removed shall be repaired with materials and/or
paintcd or stained to match the existing background.
A. Activities cOl1sidered normal maintel1ance and repair and not requiring a sign permit from
the City shall include activitics such as replacing lamps, replacing ballast in freestanding
signs, replacing transformers in building signs, painting the pole of freestanding signs and
the cabinet of freestanding or building signs, replacing or repairing the sign face,
including H-bars and retainers behil1d the face, replacing trim al1d replacement of sign
fasteners, nuts and washers.
.
B
Activities not considered normal maintenance and repair and requiring a sign permit from
the City and that shall require that a nonconforming sign be brought into conformance
with all requiremel1ts of this chapter include:
I. Changes made to the size, height or bulk of the sign or the removal of the
sign for thc rcpair or replacement of the cabinet or any part thereof, not
including the face, or addition of illumination
2. Changes in poles, structural supports, bases or shrouds, footings or anchor
bolts, moving the sigI1 for any reason, change or replacement of the
interior or exterior cabil1et frame and removal of any part of the sign for
maintenance, except the sign face.
C. A sign permit in addition to a building permit is required and will be issued for al1Y
placement or installatiol1 of a new sign, temporary or permanel1t, or for any maintenance
activity that requires a sigI1 permit, after application for such permit on a form provided
by the City along with al1Y plans, certifications or other attachmcnts requested by the City,
and the finding by City Officials the application is il1 conformance with the regulations of
this section.
.
Updated: 0 t -30-2006
Ordinance 333
Page 9
.
~
~LS
City of Anlcn Hills
.
Requcst for Council Action
.
.
Prepared by: MLO -fl\'Y
Dept.: O&M
Council Mtg. Date: 6/26/06
Final Action Needed By:
Agenda Item 8.. B
Motion to Approve the Strateqies for Parks and Trails for the City of
Arden Hilts.
Budgeted Amount:
Actual Amount:
Funding Source:
Council Action Request:
Motion to Approve the Strategies for Parks and Trails for the City of Arden Hills.
Staff Recommendation:
Approve the Strategies for Parks and Trails for the City of Arden Hills.
Advisory Commission Action:
Commission
Date
Supporting Documents (which are attached to this Actiol1 Form):
IZJ Memo/Letter:
Memorandum from Recreatiol1 Supervisor Olson dated June 21,2006:
Proposed Strategies for Parks al1d Trails for the City of Arden Hills
o Resolution (No. )
o Ordinance (No. )
o Engineeril1g Recommendation:
o Attorney Recommendatiol1:
o Other:
Actiol1
Not
Final1ciallmplications:
Funding options of the strategies will need to be scheduled for further discussion at a future City Council
Work Session.
Administrator/Staff Comments:
Page 1 of 1
.
.
.
~
~~HILLS
MEMORANDUM
DATE:
JUl1e 21, 2006
AGENDA ITEM: 8.B
TO: Mayor and Coul1eil
Michelle Wolfe; City Administrator
FROM: Michelle Olson, Recrcation Program Supervisor /r/(!)
SUBJECT: Approval ofthe 2006 Parks and Trails Strategies
Background
At a work session directly following the May 22, 2006 regular City Coul1cil meeting, the Parks,
Trails, and Recreation Committee (PTRC) presented DRAFT Strategies for Parks and Trails for
the City of Arden Hills. The City Council and the PTRC discussed and reviscd thc strategies.
The City Council directed staff to bring the revised Strategies for Parks and Trails to the June 26,
2006 regI1lar City Council meeting for approvaL
Recommendation
Staff recommends a motiol1 to approve the attached Strategies for Parks and Trails for the City of
Arden Hills.
\\Metro-inet.tls\ardenhiIls\PR&PW\Parks\Memos\Memo to CC re - Parks Trails Strategy approval 06.ctoc
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STRATEGIES FOR PARKS, TRAILS, AND COMMUNITY BUILDING
STRATEGIES FOR PARKS
1. Disk golf course/Bocce golf course
The PTRC is cxploril1g the idea of a disk golf course or bocce golf course because these
activities provide another way for citizens to cnjoy our parks. The estimated cost is $7,500,
location to be determined
2. Fenced dog park
While a fenced dog park has been proposed as a potential strategy, it appears that Ramsey
County is discussing the idea of addil1g a dog park to Tony Schmidt Regional Park.
Discussion ofthis option should follow that decision. Staff estimates the cost of this
development at $15,000.
3. Improve warming house conditions at Freeway Park and Hazelnut Park.
These parks see increased use during the winter mOl1ths and the current warming houscs arc
inadequate. The condition ofthe warmil1g houses has been addrcsscd by Council action.
. 4. Study the feasibility of improving Valentine Park.
The park floods every spril1g due to the fact that it is at a lower elevation than Lake
Valentine. The play structure, wanning house, and baseball field are routinely flooded.
Replacement of the play structure has been delayed several times due to thesc issucs.
Information on costs and benefits of improving the park, and cOl1sideration of other options
for providing a park for thc l1eighborhood, will lead to a future recommendation.
STRATEGIES FOR TRAILS
Trail developmel1t has lagged behind the City's investment in park facilities for a number of
years. The PTRC recommends development of an arterial or "core" trail system that provides
access to all areas of the community and in additiol1, provides needed access to the trail systems
in adjacent commul1ities and to thc regiol1al trail system. The proposed trail segments also
become an integral part of the overall transportation network.
I. TOI1Y Schmidt Park Railroad underpass
.
This improvement has been scheduled for construction this year al1d will provide improved
access to the Park from l1eighborhoods to the north utilizing already completed portions of
the Arden Hills trail l1etwork. It will also form a strong connection with other recommended
arterial trails, especially the anticipated Ramscy County trail connecting TOI1Y Schmidt with
LOl1g Lake RcgionaI Park
PTRC Strategies for Parks and Trails
Page 2
2. West side of Old Snelling from Highway 51 on the south to County Road E on the north.
.
This portion of highway is tentatively scheduled for improvement duril1g 2007. Building the
proposed trail as part of that project has obvious advantages. This trail segment is a key link
in the major 110rth-south arterial through the city which will eventually connect thc cxisting
Arden Hills with the new TCAAP developmcnt. This trail may be eligible for municipal
state-aid funding. In the future, this trail could be extended to Lydia along the west side of
Highway 51.
3. South side of County Road E from Old Sl1elling to Connelly
This very important trail links the eastern and western portions ofthe City, connects two
existil1g parks, provides access to businesses for pcople livil1g west ofHwy. 51 and is an
important part of a 10l1ger east-west arterial traversil1g the city from west to east.
4. East side of Old Snellil1g from County Road E to Highway 96
This is a continuation of trail segIllel1t2 and would include reworking ofthe railroad
underpass north of Lindey' s as well as some form of grade separatiol1 when the Highway 10
and 96 intersection is reconstructed.. This segIllent is crucial to improved circulation
between the existing and new portions of Arden Hills.
5. North side of Lake Johanna Boulevard from County Road E on the west to Old Snelling on .
the east.
Development of this trail segIllent would complete the southern east-west atierial through the
city. It is heavily used now - year round - by residents, as well as students from Bethel and
Northwestern Colleges and Moul1ds View High School. That use is likely to il1crease with
the growing popularity of Tony Schmidt Park and the County's completion of the trail link
under the railroad (SegIllent I). Ramsey Coul1ty has requested that the Metropolitan Council
designate Tony Schmidt as a regional park which will further il1crease its visitor use. As a
result, Arden Hills may be eligible for regional park funds to improve this trail and provide
safe access to the park.
6. Traffic signals at County Road E and Old Snelling
This intersectiol1 becomes a major connector in the arterial trails system and trails approach
and leave the intersection from different sides of the street.. For this reason, and because of
the increasing volume of traffic using the intersection, traffic signals are needed.
7. South side of Highway 96 from North Heights Church on the east to Old Highway 8 and
Long Lake Regional Park on the west.
.
PTRC Strategies for Parks and Trails
Page 3
. This trail segment completes the northern east-west arterial through the city by lil1king wi th
the existil1g trails along Highway 96. It would provide better access to city hall and the
development in TCAAP as well as providing safe access to the land and water-based
recreational opportunities affordcd by Long Lake Rcgional Park, the Rice Crcck trail system
leading to the Mississippi River, and Tony Schmidt.
8. Elmer L. Andersen Trail Designation
The PTRC will be working with Ramsey County Parks and Recreation to detelmil1e the exact
location and length of what will bc recommended as the Elmer L. Al1derscn Memorial Trail.
A naming guideline policy will also be presented to City Council for thcir consideration for
approval.
STRATEGIES FOR COMMUNITY BUILDING
Annual Events-suggestiol1s/examples:
.
Spril1g:
Sunnner:
Fall:
Wintcr:
Flower Planting
Celebratil1g Ardel1 Hills
Buckthorn eradication
Kid's ice fishing contest, snowman building
STRATEGIES FOR APPROPRIATELY MAINTAINING EXISTING PARKS AND TRAILS
Mail1tenance of existing Parks and Trails in the City should be provided on a regular and
anticipatory basis.
.
.
Prepared by: KCB ~
Dept.: CD
Council Mtg. Date: 6/26/06
Final Actiol1 Needed By:
~
--7\~HILLS
City otArden Hills
Request for Council Action
Agenda Item8~
Motion to Approve Purchase Aareement for Old City Hall Site
Budgeted Amoul1t: 1Q
Actual Amount:
Funding Source:
.
Council Action Request:
Motiol1 to approve or reject purchase agreement betweel1 the City of Arden Hills and Royal Oaks Realty,
Inc., for the purchase of the Old City Hall/Public Works Site.
Staff Recommendation:
Motion to approve the purchase agreement between the City of Arden Hills and Royal Oaks Realty, Inc.,
for the purchase of the Old City Hall/Public Works Site.
Advisory Commission Action:
Commission
Date
Action
Planning
PTRC
Not Applicable
_.No! Applicable ...
Not applicable
Supporting Documents (which are attached to this Action Form):
.
X Memo/Letter:
Staff Memo
o Resolution (No. )
o Ordil1ance (No. )
o Engineering Recommendation:
o Attorney Recommendation:
X Other:
Purchase Agreement
Royal Oaks' Letters of Offer
Financial Implications:
Income to the City in the amoul1t of $2,037,824.00 ($1,997,824 for the purchase of the property al1d
$40,000 in park dedication fees)
Administrator/Staff Comments:
See memorandum
.
Page 1 of 1
.
.
.
~
~HILLS
MEMORANDUM
DATE:
Agenda Item 8e
June 21,2006
TO:
Mayor and City Council
Michelle Wolfe, City Administrator
Karen Barton, Community Development Director~
FROM:
SUBJECT:
Purchase Agreement for Old City Hall/Public Works Site
Based on the offer submitted by Royal Oaks Realty, Inc., on April 27, 2006, as amended June 6,
2006, and Council direction, attached is a real estate purchase agreement between the City of
Arden Hills and Royal Oaks Realty, Inc. for the sale of the old City HallIPublic Works site.
Specific items to note in the purchase agreement include:
Section 2. Purchase Price- Purchasc price of $ 1,997,824 in addition to payment of
$40,000 in park dedication fees (Section 11.4)
Section 6. "AS IS" Conditiou and Section 7. Covenants and Warranties of Seller-
these two sections memorializc that the purchaser is buying the property in an "as is"
condition al1d acknowledges that they have received all known environmental documents
regarding the property. In addition, the buyer is indemnifyil1g and agreeing to hold the
City harmless from the payment of any clean-up costs.
Section 11.3. Development Permits- acknowledges that the Seller (the City) is not
obligated to issue development permits unlcss the buyer's developmel1t application
complies with the City's development regulations.
Section 19. Ril!ht to Repurchase- This establishes that the City has the right to
repurchasc ifthe buyer has not begun the project by May 1,2007.
The full exhibits (B, C, and D) have not been attached to the enclosed copy of the purchase
agreement but are available for review at the City Hall.
It is staffs understanding that the Purehaser (Royal Oaks) is intending to make a planning
application in July for review at the August Planning Commission meetil1g.
Staff Recommendation
Staff is recommel1ding Council approve the purchase agreement belweel1 the City of Arden Hills
al1d Royal Oaks Realty, Inc., for the purchase of the old City HalllPublic Works site.
\\Metro-inct.us\ardenhills\Planning\TYllsc Files\City Hall-PW Sitc\purchase agreement coullcil action 06-21-06.doc
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DRAFT #1
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT, made on or as of the day of ,2006,
by and between CITY OF ARDEN HillS, a Minnesota statutory city, (the "Seller") and
ROYAL OAKS REALTY, INC., a Minnesota corporation (the "Purchaser").
In consideration of the mutual covenants and undertakings contained herein
the parties agree as follows:
1. Sale and Purchase of Property. Seller agrees to sell, and Purchaser
agrees to purchase, certain real property situated in the City of Arden Hills, County of
Ramsey, State of Minnesota, consisting of:
1.1 certain land legally described as follows, to-wit: (See Exhibit A attached
hereto and incorporated herein), together with all the appurtenant
rights, miner rights, privileges, and easements belonging thereto
(collectively the "land");
1.2 all buildings, structures, and other improvements located on the Land as
well as all fixtures located therein and thereon (collectively the
"Improvements") ;
The land and Improvements are hereinafter collectively referred to as the "Real
Property".
2. Purchase Price. Purchaser agrees to pay to Seller, as the purchase price
for the Real Property (the "Purchase Price"), the sum of One Million Nine Hundred
Ninety-Seven Thousand Eight Hundred Twenty-Four Dollars ($1,997,824.00) payable in
the following manner:
2.1 $40,000.00, as earnest money (the "Earnest Money") upon execution of
this Real Estate Purchase Agreement by Purchaser;
2.2 $1,957,824.00, in cash or certified funds on the date of Closing.
3. Title. Purchaser, at its sole cost, shall obtain a title insurance
commitment and policy. At least fifteen (15) days prior to the date of closing,
Purchaser shall provide Seller with a copy of the title commitment.
If title to the Real Property, as evidenced by the Commitment is not good and
marketable of record in Seller and is not made so by the Closing Date, Purchaser may
terminate this Agreement by giving written notice to Seller in which event this
Agreement shall become null and void, Seller shall refund the Earnest Money and
neither party shall have any further right or obligation hereunder.
.
4. Survev. Purchaser, at its sole cost, shall prepare a survey for the Real
Property and may enter upon the Real Property for such purpose. Purchaser shall
hold Seller harmless from any liability resulting solely from the entering upon the Real
Property or the performing of any of the functions necessary to prepare a survey
pursuant to this Section 4 (the "Survey"). Purchaser shall provide Seller with a copy of
the Survey.
5. Inspection. Purchaser, its agents and designees, are hereby granted the
right at any time or times after the date hereof to inspect, analyze, and test the Real
Property and its various components. Purchaser shall hold Seller harmless from any
liability resulting solely from the entering upon the Real Property or the performing
of any of the tests or inspections referred to in this Section 6 by Purchaser, its agents
or designees.
6. "AS IS" Condition. The Real Property described herein is being sold in
an "AS IS" condition. Purchaser acknowledges that it reviewed the Demolition Survey
Report attached as Exhibit B; the Wetland Delineation Report attached as Exhibit C;
the Environmental Condition Report, attached as Exhibit D; and has inspected the .
Real Property. As part of the consideration for the purchase of the Real Property,
Purchaser, at its sole cost, will undertake any remediation procedures required by
the Minnesota Pollution Control Agency or otherwise, as necessary, to remove any
Hazardous Substances (as hereinafter defined), if any, from the Real Property and
shall indemnify and hold the City harmless from the payment of any such costs.
7. Covenants and Warranties of Seller. Seller covenants and warrants to
Purchaser as follows:
7.1 Ownership of Real Property. Seller is the owner of good, marketable,
and insurable fee title to the Real Property free and clear of all title
defects, options, rights of first refusal, easements, restrictive
covenants, encroachments, survey defects, restrictions or limitations on
the Real Property, liens or encumbrances, except those of record.
7.2 Encroachments. There are no encroachments upon any of the Real
Property and no portion of any Improvement encroaches upon any
property not included within the Real Property, or upon the area of any
easement affecting the Real Property, except those of record.
2
.
.
7.3 Real Property Taxes. Seller does not have knowledge of any pending or
contemplated reassessment of the Real Property. Seller has paid all real
estate taxes, if any, on the Real Property due and payable through 2005.
.
7.4 Hazardous Substances. Seller does not currently use the Real Property
for disposal or storage of any Hazardous Substance and, except as
indicated on Exhibit D attached hereto, Seller has no knowledge of any
noxious, toxic, hazardous, unsafe or environmentally unsound materials,
substances, wastes or Hazardous Substances (as hereinafter defined) in,
at, under or on the Real Property whether there by intent, spill,
release, discharge, disposal, storage or any other means. Seller has not
received any notice from any government agency, board, commission,
authority or any other entity, and is not a party to any legal or
administrative action or proceeding, concerning or relating in any way
to the spill, release, discharge, transportation, disposal, storage or
presence of hazardous or regulated substances or wastes in, at, under,
on, or concerning the Real Property, including any pending, or
contemplated search or investigation of the Real Property or any portion
thereof with respect thereto. Except as identified on Exhibit D, Seller
has no knowledge of any activity on the Real Property which would
subject any owner or operator thereof to damages, penalties, injunctive
relief or costs or remediation or cleanup under any federal, state or
local law. For the purposes of this Agreement, the term "Hazardous
Substance means that and/or similar terms as defined in Section
104(14) of the Comprehensive Environmental Response, Compensation a
Liability Act of 1980, and as amended, 42 U.S.c. See. 9601 et seq. (14),
and Section 2(8) of the Minnesota Environmental Response and Liability
Act, and as amended, Minnesota Statutes Sec. 115B.02(8), and includes
the term "regulated substance" as defined in Section 9001 (2) of the
underground Storage Tank Act, and as amended, 42 U.S.c. See. 6991 (2)
and the term "hazardous waste" as defined in Section 1004(5) of the
Resource Conservation and Recovery Act, and as amended, 42 U.S.c.
Sec. 6903(5), and includes all regulations issued pursuant to any of the
above statutes, and any unsafe, noxious, toxic or hazardous substance or
similar terms under any other state, federal or local law, and any other
applicable environmental, land use or similar act, statute, ordinance or
regulation or as alleged or determined under common law. The term
"Hazardous Substance" includes asbestos and related substances, PCBs,
and gasoline, kerosene and all other liquid or viscous petroleum
products. Seller has complied and caused the Real Property to comply
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with all laws, ordinances, rules, regulations, and authorities having
jurisdiction over Seller, the Real Property and the use by Seller of the
Real Property, relating to any Hazardous Substances or material.
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8. Closing. Subject to the conditions contained herein, the closing shall
take place on or before August 31, 2006. The Closing may take place on such other
date as is mutually agreed upon, or such other date as this transaction actually closes
as determined in accordance with the provisions of this Agreement (the "Closing
Date"). The closing shall take place at the offices of Purchaser's Title Company or at
such other place as is mutually agreeable. At the closing, Seller shall deliver to
Purchaser:
8.1 A Warranty Deed, properly executed on behalf of Seller.
8.2 A standard Seller's Affidavit with respect to judgments, bankruptcies,
tax liens, mechanics liens, parties in possession, unrecorded interests,
encroachment or boundary line questions, and related matters, properly
executed on behalf of Seller.
8.3 An affidavit of Seller in form and content satisfactory to Purchaser
stating that Seller is not a "foreign person" within the meaning of Section .
1445 of the Internal Revenue Code.
Upon delivery of the foregoing items, Purchaser shall deliver to Seller the
portion of the Purchase Price payable at the closing.
9. Taxes, Assessments and Utility Charges. Seller shall pay all real estate
taxes payable prior to the year of closing. Real estate taxes due and payable in the
year of closing shall be prorated as of the date of closing on a daily basis. Seller shall
pay all special assessments levied or pending as of the date of closing. All utility
charges shall be prorated as of the date of closing.
10. Insurance. Seller hereby agrees that until the Date of Closing it will
keep the real Property insured against loss due to fire and other causes as are
covered by "extended coverage" insurance. Such insurance shall be issued by an
insurer authorized to issue insurance in the State of Minnesota and shall be in an
amount equal to the full insurable value of the Improvements, based on current
replacement cost. Such policies shall at the option of Purchaser be assigned to
Purchaser at closing.
11. Contingencies. Notwithstanding anything to the contrary contained in
this Agreement, the consummation of this Agreement and the closing provided in
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paragraph 8 hereof is hereby expressly conditioned upon Purchaser receiving
assurances satisfactory to Purchaser, in Purchaser's sole discretion, that;
11.1 Accuracy of Representations and Warranties. The representations and
warranties of Seller contained in this Agreement shall be true in all
material respects on and as of the Closing Date with the same force and
effect as though made on and as of the Closing Date (i.e., a
representation that a state of facts exists on or as of the date hereof
shall be deemed to be a representation that such state of fact exists on
or as of the Closing Date, and a representation that a state of facts has
or has not changed between a date prior to the date hereof and the
date hereof shall be deemed to be a representation that such state of
facts has or has not changed between such prior date and the Closing
Date), except as affected by transactions contemplated hereby and
except to the extent that any such representations or warranties which
were made as of a specified date shall have been true on and as of such
date.
11.2 Performance of Agreement. Seller has performed all obligations and
agreements and conditions contained in this Agreement on Seller's part
to be performed or complied with at or prior to the Closing Date.
11 .3 Development Permits. Adoption of appropriate resolutions and issuance
of development permits which allow the Real Property to be developed
for a condominium-style office project; provided that nothing herein
shall obligate the Seller to issue development permits unless the
Purchaser's development application complies with Seller's
development regulations.
11.4 Park Dedication Fee. The park dedication fee for the condominium-
style office project shall be $40,000.00. If the nature of the project
changes, the City reserves the right to recalculate the park dedication
fee required for the revised project. The park dedication fee is due and
payable at the time of filing of the final plat.
If the contingencies set forth in this paragraph 11 are not satisfied, Purchaser
shall have the right to terminate this Agreement by giving written notice of
termination to Seller on or before the Closing Date. In the event that Purchaser gives
Seller any such written notice of termination, this Agreement shall be null and void,
Seller shall refund the Earnest Money, and neither party shall have any further rights,
obligations, or liability hereunder.
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12. Risk of Loss. Risk of loss to the Real Property prior to the time of closing
shall remain in Seller. In the event that, prior to the time of closing, proceedings for
the condemnation of the Real Property, or any interest therein, or any portion
thereof are commenced by governmental authority having jurisdiction to do so, or
the Real Property, or any interest therein, or any portion thereof, is damaged or
destroyed, Purchaser may, at its option, terminate this Agreement by written notice
to Seller whereupon this Agreement shall be null and void, Seller shall refund the
Earnest Money, and neither party shall have any further rights, obligations, or liability
hereunder. In the event of any such condemnation, destruction or any damage to the
Real Property, or any interest therein, or any portion thereof, Seller agrees to fully
inform Purchaser regarding any insurance providing coverage with respect thereto
and the probable amount of any condemnation award or insurance proceeds
recoverable on account thereof, and Seller shall, if this Agreement is not terminated
on account thereof, assign to Purchaser its rights to any such condemnation award or
insurance proceeds.
13. Notices. All documents to be delivered and all correspondence and
notices to be given in connection with this Agreement shall be in writing and given by
personal delivery or sent by registered or certified mail, return receipt requested,
postage repaid, addressed as follows:
If to Purchaser:
Royal Oaks Realty, Inc.
Attn: Marcel Eibensteiner, President
1000 County Road E West, suite 150
Shoreview, Minnesota 55126
If to Seller:
City of Arden Hills
Attn: Michelle Wolfe, City Administrator
1245 West Highway 96
Arden Hills, Minnesota 55112
With a copy to:
Peterson, Fram & Bergman, P.A.
Attn: Jerome P. Filla
50 East Fifth Street, Suite 300
St. Paul, Minnesota 55101
Each such mailed notice or communication shall be deemed to have been given to or
served upon, the party to whom it is addressed on the date the same is deposited in
the United States mail, postage prepaid, properly addressed in the manner above
provided. Either party hereto may change such party's address for the service of
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notice hereunder by written notice of said change to the other party hereto, in the
manner above specified ten (10) days prior to the effective date of said change.
14. Assignment. This Agreement may not be assigned by Purchaser.
15. Commissions. Seller warrants and represents that it has dealt with no
realtor or broker in connection with this transaction and will indemnify, defend and
hold harmless Purchaser against any claim made by an agent or broker for a
commission or fee based on acts or agreements of Seller. Purchaser warrants and
represents that it has not dealt with a realtor or broker in connection with this
transaction and that it will indemnify, defend and hold harmless Seller against any
claim made by an agent or broker for a commission or fee based on acts or
agreements of Purchaser.
16. Survive Closing. All of the covenants, warranties, and provisions of this
Agreement shall survive and be enforceable after the closing of this transaction.
17. Complete Agreement. This is a final Agreement between the parties
and contains their entire agreement and supersedes all previous understandings and
agreements, oral or written, relative to the subject matter of this Agreement.
18. Time of the Essence. Time is of the essence in the performance of this
Agreement.
19. Right to Repurchase. The parties agree that Seller shall have the option
to repurchase the Property from the Purchaser (the "Repurchase Option") if
construction of the project has not begun by May 1, Z007 (the "Construction Date").
The Construction Date is subject to extension due to force majeure, the number of
days past August 31, 2006 to the actual Closing Date, or the number of days the
Purchaser is unable to construct due to winter conditions. If exercised, the parties
shall negotiate in good faith toward finalizil1g a Repurchase Option agreement. The
Repurchase Option agreement shall provide (i) that the repurchase price shall be
equal to the Purchase Price under this Agreement, plus the amount of park
dedication fee paid by Purchaser; and (ii) Purchaser shall agree to terminate this
Agreement and release its interests.
20 Captions. The paragraph headings or captions appearing in this
Agreement are for convenience only, are not a part of this Agreement, and are not to
be considered in interpreting this Agreement.
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IN WITNESS WHEREOF, the Authority has caused this Agreement to be duty
executed in its name and behalf by its duly authorized representatives, and the Seiter
has caused this Agreement to be duty executed in its name and behatf by its duly
authorized representatives on or as of the date first above written.
SELLER:
CITY OF ARDEN HILLS
By:
Beverty Aplikowski
Title: Mayor
PURCHASER:
ROYAL OAKS REALTY, INC.
By:
Marcet Eibensteiner
President
\\Metro-lnet_us\ardeflhiUs\Planning\Community Development\Old City Hall Site\REAL ESTATE PURCHASE AGREEMENT.doc
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EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
The west 1072.5 feet of the North 276.82 feet of the Northeast Quarter of the Northwest
Quarter of Section 22, Township 30, Range 23, Ramsey County, Minnesota
Subject to easements and restrictions of record.
[Exact legal to be determined by survey]
EXHIBIT B
DEMOLITION SURVEY REPORT
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EXHIBIT C
WETLAND DELINEATION REPORT
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EXHIBIT D
ENVIRONMENTAL CONDITION REPORT
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ROYALi~OAKS
~ REALTY INC.
June 6, 2006
City of Arden Hills
1245 Highway 96
i\rden Hills, Minnesota 55112
RE: AMENDMENT TO OFFER MADE ON APRIL 27, 2006
Dear Mayor Aplikowski and City Council membcrs David Grant, Brenda Holden,
Gregg Larson, Vinccnt Pellegrin:
Upon your acceptance of our after to purchase the old City hall site we will
proceed with the preparation of complete site and building plans. The plans
submitted with our April 27tl1letter il1c1uded 23 office ul1its and a total of 62,432
square feet of building area. Our terms to purchase the subject property are now:
I. We offer a price of $ I ,997824.00 or $32.00 per square fect of
approved buildil1g space.
2. We offer a park fee of $40,000.00
3. Vvic offer to assunle the demolition and cleml-up of the land.
4. We request access to Hamline Avenue.
Thank you for your consideration.
Sincerely,
~r, President
Royal Oaks Realty,lnc.
lOOO C:ounly Road E We'st, Suite 150' Shorcview, Minnesota .0,126' (651) ~83-5518' Fax (651) 483-5642
W\v'vv.roya loaksreCllly.C:Olll
ROYAL.~OAKS
- REALTY, INC
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April 27, 2006
City of Arden Hills
1245 Highway 96
Arden Hills, Minnesota 551 12
Dear Mayor Aplikowski and City Council members David Gral1t, Brenda Holden,
Gregg Larson, and Vincel1t Pellegrin:
Attached to this letter is a copy of our new site plal1 for the Arden Hills Office
Park. The revise plan now has 23 office condominium units (seven less units) and
a total of 62,432 building square feet. Based upon the City's parking standard of
one spacc pcr 250 sq.ft. of building area we are sho",ing 250 parkil1g spaces. The
existing curb cut onto Highway 96 wi]] contil1ue to operate as a right in! right out
only movemel1t. We are showing access to Hamline Avenue which you have also
expressed an interest in limiting traffic to right in/right out movemcnts only.
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This new site plan has a floor area ratio of 0.21 . The site impervious lot coverage
is 55% and the site open space is 45%. Wc have provided a 26 foot building set
from the existing bike path on the west side of the property. The significant
reductiol1 of units also provides for the oPPOliunity of additionallandscapil1g
aroul1d the site.
We hope you find these site plan adjustments in concert with your dircction given
to us at the April 17 , 2006 City Coul1cil workshop meeting.
The lollowil1g comments pertain to the currel1t appraisal of thc subject property
by BRKW Appraisals,lnc. dated January 28,2006:
I. The highest and best use of the property is for al1 office medical
building. COMMENT: A three story office building consisting of
100,000 sq.ft. could be constructed on the land within the City's
zOl1il1g standards for setbacks, parking, floor area ratio and etc.
2. The appraisal assumes "the existing former publie works building
improvements have beel1 removed." COMMENT: The initial offer
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1000 County Road [West, Suite 1.10. Shoreview, Minnesota .1.1126. (651) 483-5518. Fax 16.11) 4tH-5M2
VV\N\"-'. ray a loa ks rea I tV. c orn
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made to City included our responsibility for demolition of buildings
and site clean up.
3. The appraisal assumes access from Hamline Avenue. On page 11 of
their report it states that "the cliel1t also stated the appraisal should
assume the land has access from Hamline A venue by virtue of an
esisting road easement to the southeast corner of the subject
site."COMMENT: Limiting access to right in! right out movement
only is not in keeping with the appraisal of the land.
It is clear to us that the City Council wants a "residential" style office condo
development that is compatible with the surrounding residential units. The City
also wishes to restrict the development density beyol1d the zonil1g standards in
order to again "softel1 the impact" ofthe development on adjacent properties. We
therefore cannot offer to buy thc subject propcrty at the unrestricted highest and
best use fair valuc. W c do offer to the City a purchase price of $30.00 per square
foot of building area or $1,872,960.00. Your currel1t appraisal assumes and
therefore we also assume that the existing materials and building improvements
will be cleared from the site and the subject property is not negatively affected by
the existence of hazardous substances or detrimental environmental conditiol1s.
Upon you acceptance of this site plan and this purchase price we will prepare
complete site, grading, utility and building plans for normal City processing
through the Planning Commission and City Council meetings.
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Sincerely,
~atAd2LZA~-----~
, ".... - - r~ , -- , - ,-
Marcel Eibel1steiner, President
Royal Oaks Realty, Inc.
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EN HILLS
MEMORANDUM
DATE:
June 26, 2006
WORK SESSION ITEM
TO:
Mayor and City Coul1cil
Kristil1e Giga, Civil Engineer ~
FROM:
SUBJECT:
3 I 53 Shorelil1e Lane- 2004 PMP Driveway Issue
BACKGROUND
Attached is a memorandum for your review from URS regardil1g the condition of the driveway at
3153 Shoreline Lal1e, which was COl1structed as a part of the 2004 PMP.
After mectil1g with URS and reviewing the history of the situation, staff feels that the most
appropriate solution under the circumstal1ccs is to otfer the resident to rcconstruct the failil1g
portion of the driveway in bituminous or concrete. Wc would also consult with City Attorney
Jerry Filla in preparing a letter stating that these are the lll1al steps that the City is takil1g to
correet any deficicl1cies.
At this time staff requests direction and input from the Council. It is our intent to meet with the
resident followil1g this meeting and bring the item back to Council for final approval at thc l1ext
Council meeting.
\\Metfo-inet.us\ardenhills',PR&Pv.r'Engineering"100b'.W(}Tk Sessiolls\(}-26-06 3153 Shordine Driveway.doc
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URS
MEMORANDUM
Thresher Square
700 Third Street South
Minneapolis, MN 55415
Phone: (612) 370-0700
Fax: ((>12) 370-1378
To:
J(ris Giga/
City of Arden Hills
Michelle Wolfe/AH
Frank Ticknor/URS
F'ile:
37951005
Copy:
From:
Greg Bro\,'n
Project Manager
Date:
May 30, 2006
Snbject:
3153 Shoreline Lane Driveway
Background:
As a part of the 2004 PMI' Ridgewood l1eighborhood reeonstmctiol1 project, the driveway at 3] 53
Shoreline Lane was reconstructed in October of 2004. The roa(hvay pavement elevation was designed to
match the preexisting roadway centerline in the area oflhis property. The new curb and driveway apron
elevation did result in a situation which caused the driveway at 3153 to become flatter than its preexisting
condition (0.3% vs. approximate original grade of 0.5%).
The URS field inspector discussed this situalion with the hODlU)\VnCr a1 the time of initial construction
and recommended that a concrete drivev..'3Y be constructed to better accommodate the flatter grade. The
homeoyvner preferreclthe look of bituminous and, as a result. the driveway \vas reconstructed with
bitnminous. Although the Contrilctor brought in a special crew and took cxtra eff0l1 to constmct the
hituminous driveway, some mil10r settlemel1t occurred after the spril1g thaw il1 2005. It is URS opil1iol1
that the level of quality pcrformcd by the contractor met il1dustry standards and that the cOl1tractor should
not be penalized for the minor settJcrnents \vhich have oecurrcd.
Thcse areas \vere patched \vith hituminous fines during the spring of2005, however, additional Inlnor
settlemcnt continued to occur over the remainder of the summer 2005 and spril1g of 2006. includil1g a
small hole near the garage apron. The hole near the apron \vas filJed \vith a small amount ofbiturrllnous
mix hy the URS inspector in May, 2006, however, 110 addiliol1al patching has occurred sil1ce the spril1g of
2005.
The approximate driveway dimel1sions ore 38' dcep and 60' wide (at curb) totalil1g 2280 SF or
approximately 250 square yards. The Hat slope area which has experienced the settlemcnt areas represcnts
approximately the northern 60% (36') of the driveway. TIle southern 24' is functioning satistactorily hom
a drainage perspective_ Based upon our field review last fall and this spring, we would not reconnnend
any reconstruction work for the s-OUthC111 24' of the driveway.
Mark Lynch, frank Ticknor and I met with the homco\vncr May 18th to review the situation again and
discuss options. The follO\ving are the options for the City to consider:
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Memoral1dum
May 30, 2006
Page 2
]) Do Nothing: This would be considered unacceptable to the homeowners. Although the City is 110t
obligated to provide multiyear warrantees or premium quality for driveway reconstruction, the seltlemel1ts
which occurred do create an ul1sightly condition and will reduce the effeetive life of the pavement.
2) Rcplace the 110rthem 36' with bituminous 311d a l1ew concrele apron: Reconstructil1g the aprol1
with the driveway would allow for 3 driveway grade of approximately 0.5% which would bc very close to
the origil1al slope al1d provide a better likelihood of success for industry standard bitumil10us construction.
The apron work would be done by Amt COl1slruction while the bituminous work would be done by T.A.
Schifsky & Sons. Tbc cstimated cost for this option is approximately $6,500.
3) Replace the northcm 36' with concrete pavement without rcconstructing the concrete apron. This
work could be done by Amt ConstnlCtion or Hage Concrde Works (homeowncr's choice). Using 2006
rates for driveway improvements, the estimated cost for this option accomplished by Amt Construction
would be approximately $8,500. The quote from Hage Concrete Works solicited by the homeowner
would result in a cost of approximately $1 2,000 (adjusted to 60% of the total price actually quoted). This
option would result in a drivc\vay that is. 600/0 concrete and 40o/~ bituminous..
The homcowner~ s position is that the entire driveway be rcconsttucted in concrete unLess a guarantee of
"no pavemcl1t seltlemel1t" can be made with bituminous. The homeowner does not feel that they should
participate in any of the costs to remedy the situation.
The City has spel1t approximately $4,300 on this driveway as a part of the 2004 PMP project. If the
homeowner would have agreed to a concrete driveway at the initial constmction the cost to the City would
have been approximately $8,700 in 2004 dollars. The roadway portion of the final payment to Amt was
approximately $15,000 less than the contract amount.
Rccomnlendation:
Wc believe that Option 2 is the best solution to the problem and should provide the homeowl1er with a
driveway that is very comparable to the original in slope and mateJiaL The bitunlinous and concrete
removal and ncw apron work could be dOl1e by Amt Construction under the 2006 PMP contract for
approximately $2,000.00. The new bituminous driveway is recormncllllcd to be accomplished by T.A.
Schifsky and Sons and should cost approximately $4,000.00 (they provided a quote of$6,000 for the
entire driveway in November, 2005). A sea !coat over tbe whole driveway would provide a uniform look
to the dJiveway as weIl as a more impervious surface and longevity to the driveway_ Sealcoat work may
be best accomplished alter the driveway is cured (several months- one year) 311d could be perfolllled by
the homeowner or contracted out at a cost of approximately $300.
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PLOT JATE' Jun 22. 2006
9:24om
DtSt< F!LE NAME
('6 ~) R: \.3 795; Q77\EXHI6ITS\J ~ 53 Shorelin e - EXH l.dwg
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