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05-13-13-R
-- Dave McClung Ed Werner www.cityofardenhills.org Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, wellmaintained infrastructure, fiscal soundness, and our longstanding tradition as a desirable City in which to live, work, and play. CALL TO ORDER APPROVAL OF AGENDA Public inquiries/informational is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief 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 to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. STAFF COMMENTS 3.A.TCAAP Update Jill Hutmacher, Community Development Director Documents:MEMO.PDF,ATTACHMENT A.PDF 3.B.Transportation Update Terry Maurer, Public Works Director Documents:MEMO.PDF Community Cleanup Day Update Jill Hutmacher, Community Development Director Documents:MEMO.PDF APPROVAL OF MINUTES CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 5.A.Claims And Payroll Sue Iverson, Director of Finance and Administrative Services Ashley Bertrand, Accounting Analyst Documents:MEMO.PDF 5.B.Award Hard Court Resurface Projects Michelle Olson, Parks and Recreation Manager Documents:MEMO.PDF,ATTACHMENT A.PDF Approval Of 2013 Capital Reimbursement To Lake Johanna Fire Department Sue Iverson, Director of Finance and Administrative Services Documents:MEMO.PDF,ATTACHMENT A.PDF Motion To Accept Resignation Of Building Inspector Sue Iverson, Director of Finance and Administrative Services Documents:MEMO.PDF,ATTACHMENT A.PDF 5.E.Authorization To Advertise For The Position Of Building Inspector Sue Iverson, Director of Finance and Administrative Services Documents:MEMO.PDF 5.F.Authorize The Purchase And Installation Of Water Communication System In The Amount Of $30,420 From Electric Pump Company Documents:MEMO.PDF,ATTACHMENT A.PDF, ATTACHMENT B.PDF 5.G.Accept Proposal From Electric Pump Company In The Amount Of $123,700 For The Modification Of Lift Stations #4 And #9 Terry Maurer, Public Works Director Documents:MEMO.PDF,ATTACHMENT A.PDF, ATTACHMENT B.PDF 004 Amending Section 335 Residential Rental Unit Registration Expiration Dates And Authorizing Publication Of The Ordinance Summary Amy Dietl, Deputy Clerk Documents:MEMO.PDF,ATTACHMENT A.PDF, ATTACHMENT B.PDF Assignment Of Development Agreement For 1201 County Road E Jill Hutmacher, Community Development Director Documents:MEMO.PDF,ATTACHMENT A.PDF Appointment Of Steve Heikkila To Economic Development Commission (EDC) Jill Hutmacher, Community Development Director Documents:MEMO.PDF,ATTACHMENT A.PDF 5.K.Motion To Approve Ordinance 2013005 Amending Section 1250.03 Subd. 1 Of The City Code Regarding The Placement Of Temporary OffPremise Signs And Approve Summary Publication Of Jill Hutmacher, Community Development Director Documents:MEMO.PDF,ATTACHMENT A.PDF Schedule 2013 State Of The City Event Jill Hutmacher, Community Development Director Documents:MEMO.PDF 5.M.Consider Adjustment To Community Development Intern Position Jill Hutmacher, Community Development Director Documents:MEMO.PDF Approve Purchase Of TaxForfeited Parcel At 3208 Hamline Avenue North Jill Hutmacher, Community Development Director Documents:MEMO.PDF,ATTACHMENT A.PDF 5.O.Approve Termination Of Special Use Permits (SUP's) At 1201 County Road E Matthew Bachler, Community Development Intern Documents:MEMO.PDF,ATTACHMENT A.PDF 5.P.Adopt Resolution 2013025 Recognizing National Public Works Week May 19 Terry Maurer, Public Works Director Documents:MEMO.PDF,ATTACHMENT A.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS 7.A.2013 PMP Assessment Hearing John Anderson, Assistant City Engineer UNFINISHED BUSINESS 8.A.2013 Pavement Management Program (PMP) John Anderson, Assistant City Engineer 2013 Pavement Management Program (PMP) Assessment Hearing Adopt Assessment Roll Award Contract Documents:MEMO.PDF,ATTACHMENT A.PDF, ATTACHMENT B.PDF, C.PDF,ATTACHMENT D.PDF, ATTACHMENT E.PDF 8.B.2013 PMP Construction Engineering Services Terry Maurer, Public Works Director John Anderson, Assistant City Engineer Documents:MEMO.PDF,ATTACHMENT A.PDF NEW BUSINESS 9.A.Planning Case Sign Standard Adjustments Ramsey County Matthew Bachler, Community Development Intern Documents:MEMO.PDF,ATTACHMENT A.PDF 9.B.Planning Case Sign Standard Adjustments 1195 County Road E Matthew Bachler, Community Development Intern Documents:MEMO.PDF,ATTACHMENT A.PDF STAFF COMMENTS MEMORANDUM DATE:May 13, 2013 TO:Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM:Jill Hutmacher, Community Development Director SUBJECT:TCAAP Update Ramsey County held a public informational meeting for the demolition and remediation project. Approximately 200 people attended. The informational handout from the meeting is attached and posted on the City’s website. Bolander continues to work on removing hazardous building materials prior to demolition. With the exception of Building 502 (the large, green building that can be seen from Highway 96), all hazardous building materials should be removed by early July. Also with the exception of Building 502, all buildings are expected to be demolished during the 2013 construction season. 11 Page of Attachment AAttachment A TCAAP Remediation and Redevelopment Project Frequently Asked Questions May 2013 Overview On December 12, 2012, Ramsey County extended an Amended Offer to 427 acres of the former Twin Cities Army Ammunition Plant ( TCAAP ) property in Arden Hills for $28 milli expended by Ramsey County for environmental remediation and site against the purchase price. With these and other credits, the etive purchase price of the property was reduced to $4.9 million. The federal government retains responsibility for required by federal environmental laws, the federal government hadditional remedial action found to be necessary after the date of such transfer shall be c be paid for by the County and recouped through land sales. The purchase is structured in two parts: 1) Initial purchase and transfer of title for 397 acres of previously r property, on which the County closed on April 15, 2013; and 2) T soil contamination, and will be leased from the federal government while Ramsey County remediates the soil. Once the cleanup is complete, the County will close on the final 30 acres Q. Will Ramsey County have liability for the contamination at TCAAP A. The purchase of this property has been specifically structured to avoid Ramsey County as environmental contamination. In addition to the federal governm contamination, the County has entered into a fixed-fee contract with Carl Bolander & Sons Co. ( Bolander ), under which they will undertake the remediation of the property, even Bolander also agreed to indemnify Ramsey County against all liabrming under the contract, and they agreed to carry environmental and other insurance in additi County has hired Bay West, Inc. to provide environmental oversigs abatement, demolition and cleanup. Finally, the County has purchased insurance to liability not identified in the OTP or any of the remediation co Q. What about the water treatment system on the site? A. The Army will continue to own and operate the groundwater remediation system that cleans the groundwater under the site. These systems will remain in place with oversight fro and United States Environmental Protection Agency ( EPA ) for approximately the next 50 years. This system will be continually monitored and scaled back as testing warrants. Thes groundwater through pumping stations and an on-site treatment facility that removes the contaminants from the water, and then recharges it into the water table. Q. How do you know what kind of pollution is on the site? A. A Remedial Investigation and Feasibility Study ( RI/FS ) and num- based studies were completed for the site between 1983 and 1994. issuance of three Records of Decision between 1992 and 1997, w MPCA and Army determined needed to be taken at TCAAP. Pursuant to these documents, the clean substantial portion of the TCAAP property has already been compl undertaken by Bolander and its subcontractor, Wenck Associates, ( Wenck ), pursuant to a Quality Assurance Project Plan and a Field Sampling Plan, both of which must first be approved by the EPA and MPCA. Once the investigation is complete, Bolander and Wenck will prepare and i by the MPCA to address the identified environmental concerns. The Coun removal of the pollution from the site, as well as a de-listing from Superfund for the soil contamination. Q. Who is overseeing the remediation work? A. The MPCA, through their Voluntary Investigation and Cleanup Prog The MPCA has been delegated this authority by the EPA. The County w purchaser guidelines, established under federal law to protect parties who has already been issued a No Association Determination from th This is written assurance that the acquisition, cleanup, site clearance, installation of roads and utilitie the property will not associate Ramsey County with the identifie Q. TCAAP is a really big piece of land; how much is the County buying? A. The County is purchasing 427 acres. The entire site is larger, already been acquired for various uses, including the Rice Creeka, the Public Works campus, Arden Hills City Hall, and the Mn/DOT campus on County Road I. The County will also purchase, thr a parcel adjacent to the Rice Creek area, as well as a narrow st TCAAP and the Arden Hills Army Training Site ( AHATS ). This strip of land will be used as a wildlife corridor and a bike path connection from County Road I to Highway 96. The AHAT once part of the TCAAP property, but is now controlled by the National Guard. Q. How long will it take to clean up the property? How many people A. Bolanders fixed-price contract stipulates that the property will be fully remedionths, by approximately October 2015. Approximately 125 people, including project managers, skilled laborers, asbestos contractors, scientists, engineers and heavy equipment operators, will work on the site for 30 months. Q. How will Bolander access the site? What about the construction Highway 96 and State 10? A. Bolander will access the site at County Road H and 35W for the d activities will not be affected by the construction project at Highway 96 and State 10. Q. What is the next step after the property is cleaned up? Who is involved in making deci st A. Beginning on May 1, the City of Arden Hills, working through their consultant, Kimley-Horn and Associates, Inc., will begin the master planning process. There will be several opportunities for people to participate in this process. The City of Arden Hills and Ramsey County must both approve the Mast Authority (made up of representatives from the City and County) through redevelopment activities on the site. Q. How has the history of the site been preserved? A. The Army produced several archaeological studies on the site. Th the State Archaeologist at Fort Snelling. Although there is little trace of First Peoples activity on the site, the rich history of-WWII farming in the area is well documented. The Army was also required by the Stat many of the key industrial buildings before some of the campus was demolished in the 1990s. The County is now working with the Northwest Architectural Archives and the Ramsey document preservation. Q. How will the wildlife on the site be protected? A. The osprey nesting platforms on the site will remain in place until br Natural Resources staff will then coordinate with the Audubon So nesting platforms nearby. Deer, wild turkeys, mink, muskrats and other animals have access to AHA and go freely between the two properties. Q. Has the Rice Creek Wildlife Trail been affected? A. No. You can still access the trail, but bicycle or pedestrian movement across 35W at County Road H is restricted for safety reasons. Look for wayfinding signs to help you navigate. Q. Where can I find information about the project? A. You can find information about the overall project at www.tcaap.net and information about the master planning process at www.cityofardenhills.org. STAFF COMMENTS MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Terry Maurer, Public Works Director SUBJECT: Transportation Update Background A brief oral update will be provided at the meeting on the US Highway 10 and County Road 96 project. 11 Page of Staff Updates MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM:Jill Hutmacher, Community Development Director SUBECT:Community Cleanup Day Update th The community cleanup day event is scheduled for Saturday, May 18from 8am to 3pm. It will be held at the Ramsey County Public Works Facility at 1425 Paul KirkwoldDrive. The event is co-sponsored by the City of Arden Hills and Shoreview and open to residents of both cities. The structure of the event will be the same as past cleanup days. Participants will pay based on the amount and type of items being dropped off. The Salvation Army will also be on site collecting any items that are salvageable for reuse. Notices have been in the City newsletter for the past two months. In addition, direct mail fliers have been mailed to residents. 11 Page of CONSENT ITEM MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM:Ashley Bertrand, Sue Iverson SUBJECT: Claims & Payroll Requested Action: Motion to Approve Consent Agenda Item – Claims and Payroll 1. Supporting Documents: Payroll 2013 Payroll #10 ............................................................................$ 103,562.35 Total Payroll $ 103,562.35 Accounts Payable Claims Through 05/10/2013 Paid Claims (Check No 0 US Bank EFT) ..........................................$ 3,665.43 VOID (Check No 41719 thru Check No 41722) ...............................$ 0 Paid Claims (Check No 41723 thru Check No 41747) ......................$ 30,389.78 Paid Claims (Check No 41748 thru Check No 41791) ......................$ 25,316.79 Paid Claims (Check No 41792 thru Check No 41796) ......................$ 117,504.00 Total Claims $ 176,876.00 11 Page of CITY OF ARDEN HILLS PAYROLL # 10 CHECKS DATED:05/10/13 Biweekly:04/20/13-05/03/13 Payment Method EMPLOYEE DEDUCTIONSAMT. CITY BENEFIT EFT FIT8,243.29 EFT SIT3,437.26 EFT FICA Oasdi4,509.294,509.29 EFT FICA Medicare1,054.581,054.58 TOTAL TAXES17,244.425,563.87 A/P Check* Health Premium1,426.5913,441.33 A/P Check* Dental Premium 919.13 A/P Check* FSA Health Care Reimb.177.08 A/P Check* FSA Dependent Care Reimb.416.66 TOTAL FLEXIBLE SPENDING2,020.3314,360.46 HSA Health Saving 508.173,772.46 Health Care Savings Plan 39.55 Health Care Savings Plan-2%257.22 Health Care Savings Plan-4%173.68 TOTAL HEALTH SAVINGS939.07 3,812.01 EFT PERA3,861.224,480.02 A/P Check* ICMA2,858.35334.37 A/P Check* Central Pension Fund-Union614.40 A/P Check* MN State Retirement System317.71 TOTAL RETIREMENT7,651.68 4,814.39 A/P Check* IUOE 49 Dues (Union)130.00 A/P Check* LTD/STD Insurance1,215.39 * PERALifeInsurance32.00.A/PCheck PERALifeInsurance3200 A/PCheck A/P Check* Life/Addl/Dep Life123.3096.20 A/P Check* MN Child Support341.94 A/P Check* Public Employee Long Term Care 40.60 A/P Check* UNUM 132.38 A/P Check* Avesis-Vision Care8.94 TOTAL VOLUNTARY2,024.5596.20 Total Employee Deductions29,880.05 PR Check # 17448-17453 Net Payroll2,305.42 EFT Direct Deposit42,818.76 Gross Payroll Tie-Out74,915.42 STD/LTD Gross - Up0.00 Plus City Paid Benefit28,646.93 ICMA Benefit Held0.00 TOTAL PAYROLL COST103,562.35 FICA TIE-OUT Gross Payroll74,915.42 Less Total FSA2,020.33 Plus Employer Match ICMA0.00 Plus ICMA Benefit Held0.00 Net P/R Subject to FICA72,895.09 FICA Oasdi @ 6.20%4,509.29 FICA Medicare @ 1.45%1,054.58 Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the "Taxtel" Electronic Tax Deposit Service. 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Background The Public Works Department has established a hard court maintenance/resurfacing schedule to guide staff in keeping the hard courts in the City in playable and safe condition. The maintenance grid follows a 6-8 year resurfacing schedule. The schedule is designed to be a guide and is not intended to be considered a schedule set in stone. It leaves flexibility to delay resurfacing or to schedule a different court if another location is in worse shape. The tennis and basketball courts at Royal Hills are scheduled for maintenance in 2013. Foundation cracks cannot be permanently fixed by resurfacing. However, a resurface will improve the surface of the court, improving safety. During a resurface project, the court is power washed, low areas and cracks are filled and an acrylic surface is applied. This court was last resurfaced in 2006. Royal Hills has a lot of foundation cracks that can only be resolved through a reconstruct. In addition, the fencing is in poor condition. Rather than replace the fencing right now, staff recommends resurfacing this court in 2013 and scheduling it for a reconstruct in five years (2018), including replacing the fencing. A rough reconstruction cost estimate is between $40,000 and $50,000. The tennis and basketball courts at Hazelnut Park are scheduled for resurface in 2014. However, inspection of the courts shows severe surface deficiencies and staff recommends moving this court up one year in the schedule and resurfacing 13 Page of in 2013. Photos of the current conditions at both courts are included for Council review (Attachment A). Below is the current maintenance/resurfacing schedule: MAINTENANCE/RESURFACING SCHEDULE YEAR Cummings Floral Hazelnut Royal Hills Arden Sampson Ingerson Freeway Valentine Arden Johanna Park Park Park Park Oaks Park Park Park Park Manor Marsh Park Tennis/BB Tennis/Tennis/ Tennis/BB BB BB BB BB BB BB Tennis BB BB 2006 X X Plans/Specs 2007 2008X X X reconstruct 2009 X X reconstruct 2010 X reconstruct 2011 X X reconstruct 2012 X 2013 X X New construct 2014 X X 2015X 2016 X X Tennis/BB = Tennis and Basketball Combination BB = Basketball Court only Staff also asked for quotes on painting the acrylic surface on the new constructed Valentine Park half basketball court. Once the basketball court asphalt has been laid, it must cure for a minimum of 30 days. The court acrylic finish was included in the overall Valentine Park reconstruction costs. Budget Staff budgeted $13,000 from the general fund in 2013 for hard court maintenance. In addition, staff budgeted $3,000 for the acrylic painting of the Valentine Park new half basketball court from the Valentine Park renovation budget. Staff requested five quotes for the hard court resurfaces and received three back. Below are the results: Company Royal Hazelnut Hard Court Valentine Grand Total Hills Resurface Park of Contract Total Lee Sports Surfacing LLC $6,500 $6,900 $13,400 $1,100 $14,500 C & H Sport Surfaces, Inc. $7,475 $8,895 $16,370 $2,265 $18,635 Surface Pro LLC $8,640 $8,640 $17,200 $2,840 $20,040 Tennis West Finley Bros. DID NOT SUBMIT DUE TO SPRING SCHEDULE Inc. 23 Page of Lee Sports Surfacing LLC, located in Little Canada came in with the low quote of $13,400.00. They resurfaced the Floral Park Court in 2012 and the Sampson and Arden Manor Courts in 2011. They did a great job on all three courts. They have over forty five years experience in the recreational industry. They have done work for clients such as: City of Shoreview, Cretin High School, Carlton College, City of Brainerd and Brainerd High School. Requested Action Motion to authorize staff to contract with Lee Sports Surfacing LLC in the amount of $14,500 for hard court maintenance at Hazelnut Park, Royal Hills and Valentine Park. Attachments Attachment A: Photos of current court conditions at Hazelnut Park and Royal Hills Park 33 Page of Attachment AAttachment A ROYAL HILLS TENNIS/BASKETBALL COURT PHOTOS 5/6/2013 Attachment AAttachment A HAZELNUT PARK TENNIS/BASKETBALL COURT PHOTOS 5/6/2013 CONSENT ITEM MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: 2013 Capital Reimbursement to Lake Johanna Fire Department Budgeted Amount: Actual Amount: Funding Source: $903.90 $917.00 Public Safety Capital Background/Discussion The City received invoice #430 from the Lake Johanna Fire Department (LJFD) for capital expenditure in 2013. This invoice relates to capital expenditures which were included and approved in the 2013 budget. Invoice #430 is for a new office computer, usb disc drive, Win 7 64bit OS. The total budget for this item was $3,450 $903.90. The actual cost billed is $917.00. Requested Action Motion to approve a payment in the amount of $917.00 to the Lake Johanna Fire Department, Attachment Attachment A: Invoice #430 11 Page of Attachment AAttachment A CONSENT ITEM MEMORANDUM DATE: May 13, 2013 TO:Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: Building Inspector Resignation Background OnMay3,2013,JohnMennengasubmittedhisletterofresignation,ashehasaccepteda positionwiththeCityofRochester.HislastdayofemploymentwiththeCityofArdenHills will be May 17, 2013. Attached is the letter referenced. Council Action MotiontoacceptJohnMennengaresignationastheBuildingInspectorfortheCityofArden Hills effective May 17, 2013. Attachment Attachment A: Letter of Resignation 11 Page of Attachment AAttachment A CONSENT ITEM MEMORANDUM DATE: May 13, 2013 TO:Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: Authorization to Advertise for the Position of Building Inspector Background OnMay3,2013,JohnMennengasubmittedhisletterofresignationashehasacceptedaposition with the City of Rochester. His last date of employment will be May 17, 2013. Discussion InordertofillthepositionastimelyaspossibletokeepworkprocessesflowinginCommunity DevelopmentandBuildingwithminimalinterruptionofserviceandwork,wewouldliketo advertise to fill this upcoming vacancy. Council Action Authorize staff to advertise for a Building Inspector. 11 Page of CONSENT ITEM MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Terry Maurer, Public Works Director SUBJECT: Water Towers/Booster Station Controls Budgeted Amount: Actual Amount: Funding Sources: $35,000 $30,420 Water Utility Funds Requested Action Authorize the purchase and installation of a High Tide Technologies - Water Communication System from Electric Pump Company in the amount of $30,420. Discussion In 2011 and 2012 the City changed the way we monitor our 14 sanitary sewer lift stations by replacing the Electro Watchman alarm monitoring system with the Omni System. The Omni System not only notifies the City when there is a problem but it also indicates what the problem is, allows for web-based monitoring of the lift stations and tracks history at each lift station. Since this change was made, the only thing in the City system still monitored by Electro Watchman is the water system; the two water towers and the booster station. There is an item in the 2013 Capital Improvement Program (CIP) to change the monitoring system of the water system to a similar computer-based program as the Omni System. Attached is the detail sheet from the CIP. When this project was programmed in the CIP it was thought by staff that we would just extend the Omni System to the water system. However, attached is a proposal from Electric Pump Company (the same company who represents Omni System) to install a High Tides Technology - Water Communication System. This system will provide the City all the flexibility of the Omni System for lift stations which includes notification of alarms, web based monitoring and historical information which can be presented graphically. 12 Page of The annual cost for the Electro Watchman System was approximately $1500 per year for the water system. Annual cost for the High Tides Technology System will be in the same general range. There will, however, be the added expense for a cellular line which is the method of communication to the server. Attachments Attachment A: Detailed CIP Sheet Attachment B: Electric Pump Proposal for High Tide Technologies System 22 Page of Attachment AAttachment A CONSENT ITEM MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Terry Maurer, Public Works Director SUBJECT: Lift Station #4 and #9 Modification Proposal Budgeted Amount: Actual Amount: Funding Sources: $125,000 $123,700 Sanitary Sewer Utility Fund Requested Action Authorize the acceptance of the proposal from Electric Pump Company for the modification of Lift Stations #4 and #9 to include new pumps, control panel, access cover with safety grating and miscellaneous internal material at a total cost of $123,700. Discussion Back in 2010 Public Works undertook a process to standardize our 14 lift stations. Up until that time the City had several different types of pumps, different controllers and different software operating the controller. Through several months of evaluating different pump and controller manufacturers, including site visits to two repair facilities, the Public Works Department developed a standard for all lift stations. Since that process was completed, the City totally rebuilt three of our oldest lift stations (#1, #12 and #13) and retrofitted four others (#2, #5, #7 and #8). In addition, the City changed the way the lift stations are monitored by converting all 14 stations to the Omni System. The 2013 Capital Improvement Program (CIP) includes an item estimated at $125,000 to update the two remaining lift stations #4 and #9. A copy of the detailed CIP sheet is attached. The retrofit will involve new pumps, control panel, software, access cover with safety grating and other miscellaneous items. Attached is a proposal from Electric Pump Company in the amount of $123,700 for the retrofit of these two lift stations. It should be noted that Electric Pump Company provided the same equipment for the three rebuilt lift stations and actually did the work for the four retrofit lift stations recently completed. 12 Page of With the exception of Lift Station #11 (adjacent to Arden Manor) which is in the CIP to be reconstructed, which staff believes may be able to be eliminated, the standardization of the City lift stations will be completed for the foreseeable future. We still do have some lift stations that are not completely standardized, but thus far we have had no trouble with their operation so the thought would be to standardize these when the equipment has served its useful life. Attachments Attachment A: Detailed CIP Sheet Attachment B: Electric Pump Proposal for the retrofit of Lift Station #4 and #9 22 Page of Attachment AAttachment A CONSENT ITEM MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Amy Dietl, Deputy Clerk SUBJECT: Approve Ordinance 2013-004 Amending Section 335 Residential Rental Unit Registration Expiration Dates and Authorizing Publication of the Ordinance Summary Background/Discussion With the resignation of the City Planner, Administration is evaluating some of the responsibilities of various City programs. One change that is taking place is with the administrative functions of the rental registration process. This involves such duties as mailing rental registration expiration notices (including second and third notices), mailing of the rental information packet to both the renter and the property owner, phone inquiries, and processing of the paperwork once received. These duties are being moved to the Finance/Administrative Services Department which has primary responsibilities for licensing and permits. Currently, all rental unit certificates expire at midnight of June 30 of each year. Staff feels it would be beneficial to move that expiration date to December 31 for several reasons. First, with the exception of peddler/solicitor/transient merchant licenses, all other permits and licenses handled by the Administration Department expire at the end of each year. For consistency purposes, it would be logical to have rental registrations also expiring at the end of the calendar year. Second, with the current expiration of rental registrations falling mid-year, the Finance Department experiences additional work due to the fact that fees are collected in one year, but spread out over two years. This requires the Finance Department to defer funds, track deferred funds, and then make journal entries of each deferred amount. It would save the Finance Department time by not having to deal with deferred payments if rental registrations expired at the end of the calendar year. 12 Page of Last, the person who will primarily be processing all of the rental registration paperwork is also the person responsible for processing building permits/licenses. As we all know, building construction and remodeling activity peaks during the summer months. For that reason, having a December 31 expiration date for rental registrations would provide better timing for staff as more time will be available in the fall to devote to the laborious process required for these registrations. Staff recommends changing the current rental registration expiration from June 30 to December 31 of each year, which would require an ordinance amendment to change the date. This change will give the current property owners in the registration program a free six month extension this year. Requested Action Motion to approve Ordinance 2013-004 amending Chapter 3, Section 335.03, Subdivision 4 of the City Code regarding residential rental unit registration expiration dates and authorizing publication of the Ordinance Summary. Attachments Attachment A: Ordinance 2013-004 Attachment B: Ordinance 2013-004 Publication Summary 22 Page of Attachment AAttachment A Ordinance 2013-004 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2013-004 AN ORDINANCE AMENDING SECTION 335 RESIDENTIAL RENTAL UNIT REGISTRATION OF CHAPTER 3 OF THE CITY CODE TO AMEND EXPIRATION DATES OF RENTAL REGISTRATIONS The Arden Hills City Council hereby ordains that Chapter 3, Section 335.03 Subd. 4 of the City Code shall hereby be amended as follows: Section 335 Residential Rental Unit Registration (revised 6/8/09) 335.01 Purpose and Scope. The City recognizes a need for an organized registration program for residential rental properties with less than five dwelling units in order to identify and quantify rental units and to provide information and a method to enforce standards to meet City and State safety, health, fire, and zoning codes. The implementation of a rental registration program is a mechanism to help ensure that rental units will not become a nuisance to the neighborhood; will not foster blight and deterioration; and/or will not create a disincentive to reinvestment in the community. Furthermore, the operation or rental units entails certain responsibilities. Owners of rental units are required to take the reasonable necessary steps to ensure that the citizens who occupy rental units may pursue the quiet enjoyment of the normal activities of life in the surrounding area that are: safe, secure, and sanitary; free from crimes and criminal activity, noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children. 335.02 Definitions. For the purpose of this Chapter, the following terms shall be defined as set forth below. representative. City Administrator. The City Administrato agent. Dwelling Unit. Any residential building, or portion thereof that contains living facilities, including provisions for sleeping, eating, and sanitation. Occupant. A person(s) who lives or sleeps in a dwelling unit. Owner. A person who is the record owner of the dwelling unit. Page 1 of 6 Ordinance 2013-004 Rent. To permit occupancy of a dwelling unit or portion of a dwelling unit by a person other than the legal Owner thereof, pursuant to a written or unwritten agreement, whether or not a fee is required by the agreement. Rental Unit. A dwelling unit which has been leased by the owner to a tenant. Tenant. Any person granted temporary use of a rental dwelling pursuant to a lease with the owner of the dwelling unit. 335.03 General Registration Provisions. Subd. 1 Rental Unit Registration Required. Except as hereinafter provided, it is unlawful for any person to rent to another person for occupancy any dwelling unit unless such dwelling unit has been issued a Rental Unit Certificate registered pursuant to this Chapter. The following uses shall be exempt from the registration requirement: A. Structures with five or more dwelling units (i.e. apartment buildings). B. On-campus student housing, off-campus student housing operated by a college or university in structures with five or more dwelling units, nursing home units, and hotels/motels. C. Dwelling units where the owner occupies the unit along with the tenant. D. Group residential housing as defined in Minnesota Statute 2561 as amended from time to time. Subd. 2 Registration Application. The owner of a rental unit shall file an application for a Rental Unit Certificate on forms provided by the City Administrator. The form shall include at least the following information: A. Name, address, p license/identification number of the property owner. If the owner is not a natural person (i.e., a partnership, corporation, or other similar business license/identification of a designated agent for the owner shall be provided. B. Owners who do not reside within the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Ramsey, Scott, or Washington Counties (the within the Metropolitan area to be responsible for maintenance of the structure and property, receipt of violation notices, receipt of compliance orders, institution or remedial action to effect such orders, and acceptance of all service of process pursuant to law. The name, address, phone number, provided. Page 2 of 6 Ordinance 2013-004 C. The street address of the rental property. D. The number and type of rental units on the property (sleeping room(s), single family, duplex, triplex, or fourplex). E. Number of bedrooms, bedroom size in square feet, and bathrooms in each dwelling unit. F. The number of people living in the rental unit. Subd. 3 Registration of Existing Rental Units. An owner of an existing rental unit must apply for a Rental Unit Certificate pursuant to this Chapter no later than 120 days following the effective date of this Chapter. Subd. 4 Duration of Rental Unit Certificate. All Rental Unit Certificates shall expire on midnight of December 31 of each year unless otherwise suspended or revoked prior thereto. Subd. 5 Fees. Registration fees and penalty fees shall be prescribed by ordinance by the City Council. The required fees shall be submitted along with the application for a new or renewal Rental Unit Certificate. Subd. 6 Renewal of Registration. An Owner or its Agent may continue to rent a dwelling unit after the expiration date of the rental registration provided that the Owner or its Agent has filed with the City Administrator, on or before the expiration date, the appropriate renewal registration application and fee. Subd. 7 Changes in Ownership and Amended Unit Certificate. A Rental Unit Certificate shall not be transferable to another person, to another rental unit, or to a new property owner. Any changes occurring in the ownership of a rental unit shall require a new Rental Unit Certificate. The new owner must obtain a new Rental Unit Certificate within thirty (30) days of acquiring the property. The fee paid for the new Rental Unit Certificate shall be the fee required for an initial Rental Unit Certificate. If any changes occur in any information required on the registration application, the owner must submit an amended registration application to the City within thirty (30) days of the change. 335.04 Condition of Use. The registration approval shall be contingent upon the following: Subd. 1 Conformance to Laws. Owners of registered dwelling units shall comply with applicable City Codes, including but not limited to Chapter 14, Property Maintenance. Subd. 2 Real Estate Taxes and Utility Bills. The real estate taxes and municipal utility bills for the property shall be in good standing prior to issuing a rental registration certificate. Real estate taxes will not be considered to be due and Page 3 of 6 Ordinance 2013-004 payable for the purposes of this Chapter while a proper and timely appeal of such taxes is pending and is diligently pursued to completion by the registrant. Subd. 3 Inspections. The Building Official, Building Inspector, Fire Department personnel, law enforcement officers and their respective representatives are authorized to make inspections reasonably necessary to enforce this Chapter and its subsections. All authorized inspectors have the authority to enter any rental unit at all rea authorized City official access to any part of such rental unit at reasonable times for the purpose of inspection, maintenance, repairs or alterations as are necessary to comply with of a rental unit fails or refuses to permit entry to a rental unit for an inspection pursuant to this Chapter, the inspector may seek an administrative search warrant authorizing such inspection. Subd. 4 Tenant Register. The Owner or its Agent shall keep or cause to be kept, a current register of occupancy for each dwelling unit which shall be made available to the City upon request. 335.05 Registration Suspension or Revocation. A Rental Unit Certificate may be suspended or revoked by the City Council as provided herein. Prior to suspension or revocation, the Owner consideration of such action. In the event that a Rental Unit Certificate is suspended or revoked by the City Council, it shall be unlawful for the Owner or its Agent to thereafter permit any new occupancies for vacant, or thereafter vacated rental units, until the Rental Unit Certificate has been reinstated. Issuance of a new Rental Unit Certificate after suspension or revocation shall be made in the manner provided for obtaining an initial registration. A Rental Unit Certificate may be suspended or revoked for any of the following reasons: Subd. 1 Failure of Owner or its Agent to operate or maintain the rental units in Subd. 2 The registration was procured by misrepresentation of material facts, by fraud, by deceit or by bad faith. Subd. 3 The Owner or its Agent made oral or written misrepresentations of material facts in or accompanying the application. Subd. 4 The Owner or its Agents has failed to comply with any condition set forth in any other permits granted by the City for the property. Subd. 5 The activities of the Owner or its Agent create or have created a serious danger to the public health, safety or welfare. Subd. 6 The Owner or its Agent manages and operates the dwelling unit in a manner that creates a public nuisance; creates a nuisance affecting health, safety and welfare; or violates any of the following rules or regulations: A. Violation of laws relating to the possession of controlled substances as defined in Minnesota Statute 152.01 et seq. Page 4 of 6 Ordinance 2013-004 B. Violation of laws relating to disorderly conduct as defined in Minnesota Statutes 609.72. C. Violation relating to the sale of intoxicating liquor as defined in Minnesota Statutes 340A.701, 340A.702 or 340A.703. D. Violation of laws relating to prostitution or acts relating to prostitution as defined in Minnesota Statutes 609.321. E. Violation of laws relating to unlawful use or possession of a firearm as defined in Minnesota Statute 609.66 et seq. on the registered premises. F. Violation of laws relating to assault, including domestic assault as defined in Minnesota Statute 609.2242. G. Violation of laws relating to contributing to the need for protection or services or delinquency of a minor as defined in Minnesota Statute 260C, etc. seq. H. Violation of laws which prohibit gambling as defined in Minnesota Statute 609.75 through 609.76. 335.06 Violation. Except as provided in Section 335.03, Subd. 1 A-C, any person that maintains a rental unit without having the required Rental Unit Certificate or after the Rental Unit Certificate for the property has been revoked or suspended, or who permits new occupancy in violation of this Chapter is guilty of a misdemeanor. 335.07 Authority. Nothing in this Chapter shall prevent the City from taking action under any applicable rule, standard, statute or ordinance for violations thereof and to seek either injunctive relief or criminal prosecution for such violations as therein provided. 335.08 No Warranty by the City. By enacting and undertaking to enforce this Ordinance, neither the City, its designees, the City Council, or its officers, agents or employees warrant or guarantee the safety, fitness or suitability of any dwelling in the City. Owners or occupants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare. A warning in substantially the foregoing language shall be printed on the face of the rental registration. 335.09 Severability. If any provision of this Chapter or amendment thereto, or the application thereof to any person, entity or circumstance, is held invalid or unconstitutional by a court of competent jurisdiction, the remainder of this Chapter shall remain in full force and effect and the application thereof to other persons, entities or circumstances shall not be affected thereby. 335.10 Non-City Regulations. Nothing in this Chapter shall prevent owners or homeowner associations from enacting regulations more restrictive than those adopted by the City. The City Page 5 of 6 Ordinance 2013-004 shall not be responsible for verifying any of the requirements adopted by owners or homeowner associations and Rental Unit Certificates shall not be contingent upon conformance to non-City regulations. Effective Date . This Ordinance shall become effective the day following its publication. th Adoption Date. Passed by the City Council of the City of Arden Hills the 13 Day of May, 2013. ___ DAVID GRANT, MAYOR ATTEST: PATRICK KLAERS CITY ADMINISTRATOR Page 6 of 6 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2013-004 th On the 13 day of May, 2013, the Arden Hills City Council adopted Ordinance No. 2013-004, and by four affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2013-004 be published. Ordinance 2013-004 Amendments to Chapter 3 of the City Code Regarding Residential Rental Unit Registration Expiration Dates A full copy of Ordinance 2013-004 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at www.cityofardenhills.org . CONSENT ITEM MEMORANDUM DATE:May 13, 2013 TO:Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM:Jill Hutmacher, Community Development Director SUBJECT:Assignment of Development Agreement BudgetedAmount:Actual Amount:Funding Sources: NANANA Requested Action Approve the Assignment of Development Agreement for 1201 County Road E. Discussion As a condition of the construction financing agreement between TAT Properties and BMO Harris Bank,the bank wants to be able to assume the developer’s rights and responsibilities under the development contract if the developer defaults on the loan.In effect, this would allow the bank to step in and complete the project.Under the terms of the development contract between the City and the developer,the City Council must approve the assignment agreement. The agreement benefits the City by providing additional security that the underlying development contract will be performed as promised. The City Attorney has reviewed the Assignment of Development Agreementdocument. All of the changes suggested by the City Attorney have been incorporated into the final document. The City Attorney recommends City Council approval. Recommendation Approve the Assignment of Development Agreement for 1201 County Road E. Attachment Assignment of Development Agreement 11 Page of Attachment AAttachment A ASSIGNMENT OF DEVELOPMENT AGREEMENT THIS ASSIGNMENT OF DEVELOPMENT AGREEMENT (this “Agreement”), is CITY OF ARDEN made and entered into as of the___ day of May, 2013, by and among the HILLS, MINNESOTA1201 ,a political subdivision of the State of Minnesota(the “City”), COUNTY RD E, LLC, TAT PROPERTIES, a Minnesota limited liability company(“1201”), LLC, a Minnesota limited liability company(“TAT”) (1201 and TAT are referred to herein and BMO HARRIS BANK N.A. jointly and severally obligated hereunder as, the “Borrower”), and , a national banking association(the “Lender”). WITNESSETH: WHEREAS, the City and the Borrower have entered into that certainDevelopment Contract and Planned Unit Development Agreement dated as of February 11,2013and recorded on February 22, 2013 with the Ramsey County Recorder, as Document No. 4386982(the “Development Contract”), pertaining to the renovation by theBorrower of a project located at 1201 County Road E, Arden Hills, Minnesota, on land legally described on Exhibit Aattached hereto and hereby made a part hereof (the “Project”); and WHEREAS, in order to provide funds for the construction of the Project by the Borrower, the Lender is providing financing in the principal amount of Five Million Three Hundred Seventy Thousand and no/100 Dollars ($5,370,000.00)(the “Loan”), pursuant to the terms of that certain Construction Loan Agreement dated as of May __ , 2013 (the “Loan Agreement”), by and between the Borrowerand the Lender; and WHEREAS, the Loan is secured by, among other things, that certain Combination Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents encumbering the Project dated as of May __ , 2013 (the “Mortgage”), executed by the Borrowerin favor of the Lenderand filed of record in the office of theRamsey County Recorder on May __ , 2013,as Document No._______________; and WHEREAS, the Lender has required, as an express condition to disbursement of the Loan, (a) that the Borrowerassign all of its rights under the Development Contract to the Lender to secure the obligations of the Borrowerto the Lender under the Loan, (b) that the Cityagree to honor all terms and conditions of the Development Contract following assignment of the Contract from Borrower toLender all as more fully contained herein. NOW THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1.The Borrowerhereby assigns to the Lender all of its right, title and interest under and pursuant to the Development Contract to secure the Borrower’s obligations under the terms of the Loan. {00139337 }3452404.1 2.The Borrowerhereby represents and warrants that there have been no prior assignments of the Development Contract, that the Development Contract isvalid and an enforceable agreement and that neither the Citynor the Borrower is in default thereunder, and that all covenants, conditions and agreements have been performed as required therein, except those not to be performed until after the date thereof. The Borroweragrees not to sell, assign, pledge, mortgage or otherwise transfer or encumber its interests in the Development Contract as long as this Agreement is in effect. The Borrowerhereby irrevocably constitutes and appoints the Lender as its attorney-in-fact to demand, receive and enforce the Borrower’s rights with respect to the Development Contract for and on behalf of and in the name of the Borroweror, at the option of the Lender, in thename of the Lender, with the same force and effect as the Borrower could do if this Agreement had not been made. 3.This Agreement shall constitute a perfected, absolute and present assignment, provided that the Lender shall have no right under this Agreement to enforce the provisions of the Development Contract, or exercise any rights or remedies under this Agreement until an Event of Default (as that term is defined in the Loan Agreement) shall occur and be continuing. 4.Upon the occurrence of an Event of Default, the Lender may, without affecting any of its rights or remedies against the Borrowerunder any other instrument, document or agreement, exercise its rights under this Agreement as the Borrower’s attorney-in-fact in any manner permitted by law and in addition the Lender shall have the right to exercise and enforce any and all rights and remedies available after a default to a secured party under the Uniform Commercial Code as adopted in the State of Minnesota. If notice to the Borrowerof any intended disposition of collateral or of any intended action is required by law in any particular instance, such notice shall be deemed commercially reasonable if given in writing at least ten (10) days prior to the intended disposition or other action. 5.The Cityhereby consents and agrees to the terms and conditions of this Agreement. The Cityfurther represents and warrants to the Lender that the Development Contract is a valid agreementenforceable in accordancewith their terms and that neither the City nor the Borroweris in default thereunder, and that all covenants, conditions and agreements have been performed as required therein, except those not to be performed until after the date hereof. 6.The Cityagrees that all of its obligationsunder the Development Contract, shall in all respects, remain in full force and effect upon assignment from Borrower to Lender. . In addition, the Cityacknowledges that the terms of the Mortgage, not the Development Contract, shall control the use and disbursement of insurance proceeds and condemnation awards. 7.The Cityagrees that contemporaneously with any notice of default given under the Development Contract to the Borrowerthe Cityshall also provide the Lender with a copy of such notice of default, and the Lender shall have the right, but not the obligation, to cure any such default on behalf of the Borrowerwithin any applicable cure period provided for in the Development Contract. 8.The parties hereto agree that no change or amendment shall be made to the terms of the Development Contract without the prior written consent of the Lender. 3452404.1 2 9.This Agreement can be waived, modified, amended, terminated or discharged only explicitly in a writing signed by all parties hereto. A waiver by the Lender shall be effective only in a specific instance and for the specific purpose given. Mere delay or failure to act shall not preclude the exercise or enforcement of any of the Lender’s rights or remedies hereunder. All rights and remedies of the Lender shall be cumulative and shall be exercised singularly or concurrently, at the Lender’s option, and any exercise or enforcement of any one such right or remedy shall neither be a condition to nor bar the exercise or enforcementof any other; provided, however, that this provision shall not limit or restrict the City’s rights under the Development Contract. 10.No provision of this Agreement shall be deemed or construed to alter, amend or modify, in any way, the rights and obligations of the Cityor the Borrowercontained in the Development Contract. 11.Any notice, request, demand or other communication hereunder shall be deemed duly given if delivered or postage prepaid, certified or registered, addressed to the party as set forth below: If to the City: City of Arden Hills Arden Hills City Hall 1245 Highway 96 W Arden Hills, Minnesota 55309 If to the Borrower: 1201 County Rd E, LLC th 1000 W. 80Street Bloomington, Minnesota 55420 And TAT Properties, LLC 3900 Northwoods Drive, Suite 125 St. Paul, Minnesota 55112 3452404.1 3 If to the Lender: BMO Harris Bank N.A. 651 Nicollet Mall Minneapolis, Minnesota 55402 Attention: Michael R. Fitzpatrick, Vice President, Commercial Real Estate Department Telecopier: 612-904-8779 12.This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. This Agreement may be executed in several counterparts, each of which when executed is an original, but all of which together shall constitute one instrument. Separate signature pages may be signed by various parties and each complete set of pages hereto, with signature pages signed by each party, shall constitute one original of this Agreement. [signatures on next page] 3452404.1 4 IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement as of the day and year first above written. CITY OF ARDEN HILLS By: ____________________________ Name: __________________________ Its: _____________________________ By: ____________________________ Name: __________________________ Its: _____________________________ STATE OF MINNESOTA) )ss COUNTY OFRAMSEY) The foregoing instrument was acknowledged before me this_____ day of ______, 2013, by __________________ , the ____________________ and by ________________ , the __________________ , of the City of Arden Hills, Minnesota, a political subdivision of the State of Minnesota, on behalf of the political subdivision. _______________________________ Notary Public [Signature Page to Assignment and Subordination of Development Agreement] 3452404.1 5 1201 COUNTY RD E, LLC, a Minnesota limited liability company By: Name: Title: STATE OF MINNESOTA) )ss. COUNTY OF_______) The foregoing instrument was acknowledged before me this ____ day of May, 2013, by _____________________________________, the ____________________________________ of 1201 County Rd E, LLC, a Minnesota limited liability company, onbehalf of the limited liability company. Notary Public [Signature Page to Assignment and Subordination of Development Agreement] 3452404.1 6 TAT PROPERTIES, LLC, a Minnesota limited liability company By: Name: Title: STATE OF MINNESOTA) ) ss. COUNTY OF ________) The foregoing instrument was acknowledged before me this ____ day of May, 2013, by _____________________________________, the ____________________________________ of TAT Properties, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public [Signature Page to Assignment and Subordination of Development Agreement] 3452404.1 7 BMO HARRIS BANK N.A. By: Name: Its: STATE OF MINNESOTA) ) ss. COUNTY OF _________) The foregoing instrument was acknowledged before me this ____ day of May, 2013, by _____________________________________, the __________________________________ of BMO Harris Bank N.A., a national banking association, on behalf of the association. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Leonard, Street and Deinard (SBM) 150 South Fifth Street, Suite 2300 Minneapolis, Minnesota 55402 [Signature Page to Assignment and Subordination of Development Agreement] 3452404.1 8 EXHIBIT A (Legal Description) 3452404.1 9 CONSENT ITEM MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and Councilmembers Patrick Klaers, City Administrator FROM: Jill Hutmacher, Community Development Director SUBJECT: Economic Development Commission Appointment Requested Action Appoint Steve Heikkila to the Economic Development Commission. Discussion The City of Arden Hills has a nine-member Economic Development Commission (EDC). Members may be Arden Hills residents or representatives of Arden Hills businesses. At least three members of the EDC must be Arden Hills residents. The EDC advises the City Council on issues related to economic and business development. The EDC currently has fourmembers, three of whom are Arden Hills residents. An application for EDC Commissioner was received from Steve Heikkila, branch manager for Cardno ATC which is an environmental consulting firm located on West Round Lake Road. Pursuant toCity policy on appointments to the EDC, Mr. Heikkilawas interviewed by the Mayor, EDC Chair, Council Liaison to the EDC, and the staff liaison to the EDC. The interview committee agreed that Mr. Heikkila’s interest in local economic development and knowledge of environmental issues related to redevelopment would be an asset to the EDC. Mayor Grant asked that staff prepare a recommendation for the City Council to appoint Mr. Heikkilato the EDC. Recommendation The City Council is asked to appoint Steve Heikkila to the Economic Development Commission. Attachment Resolution 2013-024 City of Arden Hills City Council Meeting May 13, 2013 11 Page of Attachment AAttachment A CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2013-024 A RESOLUTION APPOINTING STEVE HEIKKILA TO THE ECONOMIC DEVELOPMENT COMMISSION FOR A TERM EXPIRING DECEMBER 31, 2015. WHEREAS, the City Council appoints residents to serve in an advisory capacity to the City Council regarding the development and redevelopment in the City of Arden Hills on the Economic Development Commission; THEREFORE, BE IT RESOLVED: The City Council appoints Steve Heikkila to serve on the Economic Development Commission for a term expiring on December 31, 2015. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS th 13 DAY OF MAY, 2013. _________________________________________ David Grant, MAYOR ATTEST: _______________________________________ Patrick Klaers, CITY ADMINISTRATOR CONSENT ITEM MEMORANDUM DATE:May 13, 2013 TO:Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM:Jill Hutmacher, Community Development Director SUBJECT:Amendment of Section 1250.03 Subd. 1 of City Code Budgeted Amount:Actual Amount:Funding Sources: NANANA Requested Action Approve Ordinance 2013-005 amending Section 1250.03 Subd. 1 of the City Code relating to the placement of off-premise signs. Approve publishing a summary of Ordinance 2013-005. Discussion Section 1250.03 of the City Code relates to temporary off-premise signs. The section was originally intended to allow placement in the right-of-way of signs advertising garage or estate sales. Signs may be displayed for three consecutive days in any seven-day period. It has recently come to the City’s attention that, because Section 1250.03 does not specifically refer to residential properties, it can be interpreted to allow commercial properties up to five off- premise signs in the right-of-way.Commercial properties are currently allowed temporary on- premise signs under the regulations described in Section 1250.02 of the City Code. In order to clarify that Section 1250.03 isfor the benefit of residential properties, the following code amendment is suggested. Subd. 1 Sign Number Limit. Each residential property is allowed upUpto five (5) freestanding, temporary, off-premise signs may be placed in the City right-of-way or on private property provided that the signs: 12 Page of A.Are four (4) square feet or less in size, less than four (4) feet high; and at least five (5) feet from the edge of the road; B.Are not illuminated; C.Are within one mile of the property for which the signs are advertising (this provision does not preempt the sign regulations for neighboring communities); D.Displayed no more than three consecutive days in any seven day period. Recommendation Approve Ordinance 2013-005 amending Section 1250.03 Subd. 1 of the City Code relating to the placement of off-premise signs. Approve publishing a summary of Ordinance 2013-005. Attachments Ordinance 2013-005 Ordinance 2013-005 Publication Summary 22 Page of Ordinance 2013-005 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2013-005 AN ORDINANCE AMENDING SECTION 1250.03SUBD 1OFTHE CITYCODE The Arden Hills City Council hereby ordains that Chapter 12, Section1250.03 Subd. 1 ofthe City Code shall hereby be amended as follows: Subd. 1 Sign Number Limit. Each residential property is allowed up to five (5) freestanding, temporary, off-premise signs in the City right-of-way or on private property provided that the signs: A.Are four (4) square feet or less in size, less than four (4) feet high; and at least five (5) feet from the edge of the road; B.Are not illuminated; C.Are within one mile of the property for which the signs are advertising (this provision does not preempt the sign regulations for neighboring communities); D.Displayed no more than three consecutive days in any seven day period. Effective Date .This Ordinance shall become effective the day following its publication. th Adoption Date. Passed by the City Council of the City of Arden Hills the 13Day of May, 2013 ___ DAVID GRANT, MAYOR ATTEST: PATRICK KLAERS CITY ADMINISTRATOR Publication Date: May22, 2013 Page 1of 1 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2013-005 th On the13day of May, 2013,the Arden Hills City Counciladopted Ordinance No. 2013-005, and by fouraffirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2013-005be published. Ordinance2013-005is entitled “An Ordinance Amending Section 1250.03 Subd. 1 of the City Code”, regarding the placement of temporary, off-premise signs. A full copy of Ordinance2013-005is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.cityofardenhills.org. CONSENT ITEM MEMORANDUM DATE:May 13, 2013 TO:Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM:Jill Hutmacher, Community Development Director SUBJECT:2013 State of the City Budgeted Amount:Actual Amount:Funding Sources: $2,425.00TBDEDA General Fund Requested Action Set a date and location for the 2013 State of the City event. Discussion The EDC held a business-focused State of the City event on September 12, 2011. The event was held at North Heights Lutheran Church. Approximately 50 business owners and residents attended the event in addition to City Councilmembers and staff. Councilmembers gave presentations on the Vikings stadium proposal, the website redesign project, the City’s financial management and budget, road construction, and development projects. The event was well- received, and attendees reported that it was informative. Expenditures, paid from the EDA General Fund, included approximately $870 for advertising and promotion and $1,800 for catering and audio-visual services at North Heights. The EDC would like to hold a 2013 State of the City to present information to the business community on topics including TCAAP, B-2 District improvements, Lexington Station, and road construction projects. At the May 1, 2013, EDCmeeting, after reviewing staff research on potential venues, the EDC chose Flaherty’s Arden Bowl as thepreferred event location because it is centrally located and is a long-standing City business. Flaherty’s will not charge a room fee, and the cost of providing a continental breakfast is $657 assuming 75 attendees. Additional costs will be incurred for promotion and advertising. 12 Page of Recommendation Schedule the 2013 State of the City event for Thursday, September 12, 2013, 7:00 to 9:00 am at Flaherty’s Arden Bowl.The City Council will be requested to consider presentation topics for the State of the City event at a future work session meeting. 22 Page of CONSENT ITEM MEMORANDUM DATE:May 13, 2013 TO:Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM:Jill Hutmacher, Community Development Director SUBJECT:Community Development Intern Position Budgeted Amount:Actual Amount:Funding Sources: $13,456.00Approximately$23,000General Fund Requested Action Adjust the wage and maximum hours for the Community Development Intern position. Discussion The approved 2013 City budget includes funding for a 0.5 FTE Community Development intern position, assuming a wage of $12.00 per hour. CD Intern Matthew Bachler started work on March 18, 2013. Since that time, he has worked 235 hours, or approximately 23% of the 1,040- hour allotment. PERA rules require that any employee working for the City for more than six months must contribute to PERA. The City must provide its 7.25% contribution as well. Due to the resignation of the City Planner, the review of the Lexington Station project, and the beginning of the TCAAP master planning process, staff has identified a need for additional assistance in the Community Development Department. Mr. Bachler’s work thus far has exceeded the quality of what is typically expected from interns, and it is desired that he remain with the City on a temporary, full-time basis during the hiring and training of the new City Planner. Staff requests that Community Development Intern position be increased to 1,575hours, which would allow Mr. Bachler to work ona full-time basis until the end of 2013. Because Mr. Bachler would be employed by the City for more than six months, he and the City will need to make the required PERA contributions. Staff also requests that the hourly wage for the CD Intern position be increased to $14.00 per hour which would provide relief to the employee for 12 Page of the PERA contribution, and compensate the employee for work beyond the level of what is typically requested of interns. Recommendation Approve the following adjustments to the Community Development Intern position: 1.Increase the number of budgeted hours from 1,040 to 1,575; and 2.Increasethe hourly wage to $14.00 per hour. 22 Page of CONSENT ITEM MEMORANDUM DATE:May 13, 2013 TO:Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM:Jill Hutmacher, Community Development Director SUBJECT:Acquisition of Tax-Forfeited Parcel Located at 3208Hamline Avenue North Budgeted Amount:Actual Amount:Funding Sources: NAApproximately$2,370General Fund Requested Action Approve resolution 2013-026 authorizing the acquisition of tax-forfeited property located at 3208 Hamline Avenue North. Discussion On December 10, 2012, the City Council approved a resolution requesting Ramsey County to withhold tax-forfeited land located at 3208 Hamline Avenue North from public auction while the City considered whether it should acquire the property.Neighbors have opposed past development proposals, and the trees on the parcel provide a good buffer between Highway 51 and the residential neighborhood to the east. Although cities could previously acquire tax-forfeited land for public open space at no cost, now cities must pay "below market value" which is based on the parcel's value as conservation land. Ramsey County has established a conservation land purchase price of $500.00 plus $92.65 for fees and taxes.The Phase I Environmental Site Assessment found no recognized environmental conditions and had no recommendations for further assessment. The City’s six-month hold expires on June 16, 2013. Recommendation Approve resolution 2013-026authorizing the acquisition of tax-forfeited property located at 3208 Hamline Avenue North. 12 Page of Attachment Resolution 2013-026 Map of 3208 Hamline Avenue North 22 Page of Attachment AAttachment A RESOLUTION NO. 2013-026 CITY OF ARDEN HILLS RAMSEYCOUNTY, MINNESOTA RESOLUTION AUTHORIZING ACQUISITION OF TAX FORFEITEDPROPERTY WHEREAS , the City has previously been informed by the County that property located in the City of Arden Hills with Property Identification Number34-30-23-31- 0012, located at 3208 North Hamline Avenue, andlegally described as Registered Land Survey No. 30, subject to S T H 51/125 and Hamline Avenue, Tract B(the “Property”) has been designated to be sold atauction underthe tax forfeiture process specified in Minnesota Statutes Chapter 282; and WHEREAS, the City Council previously requested that the Property be withheld from public auction to allow the City Council to evaluate the possible conveyance of the Property to the City as authorized by law;and WHEREAS, the City Council of the City of Arden Hillsdoes hereby determine that it is necessary and for a public use and purpose to acquire said propertyas authorized by Minnesota Statutes § 282.02,specifically to improve conservation land by preserving land in its natural state; and WHEREAS, Ramsey County has agreed to sell the parcel to the City for a price less than market value in accordance with its future use as conservation land. NOW, THEREFORE, be it resolved by the City Council of the City of Arden Hills, Minnesota, that the Mayor and the City Administratorare authorized to execute all documents necessaryto effect the acquisition of the Property for the purpose specified herein. ADOPTED this ____ day of __________, 2013, by the City Council of the City of Arden Hills. CITY OF ARDEN HILLS By:_________ David Grant, Mayor ATTEST: Patrick Klaers, City Administrator 3208 Hamline Avenue North Legend County Offices City Halls Schools Hospitals Fire Stations Police Stations Recreational Centers Parcel Points Parcels GISRASTER.GISPUB.IMAGE_1991ORTHOBW High : 255 Low : 0 Notes Enter Map Description 432.09864.2 0Feet 864.2 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be NAD_1983_HARN_Adj_MN_Ramsey_Feetaccurate, current, or otherwise reliable. © Ramsey County Enterprise GIS DivisionTHIS MAP IS NOT TO BE USED FOR NAVIGATION CONSENT ITEM MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Matthew Bachler, Community Development Intern SUBJECT: 1201 County Road E Special Use Permits Termination Action Requested Approve the termination of Special Use Permits 89-19, 90-5, and 88-31 recorded against the property at 1201 County Road E. Background TAT Properties has requested that the City terminate the following Special Use Permits recorded against the property at 1201 County Road E: 1.Terms and conditions of Special Use Permit Case No. 89-19 for antennae recorded May 1, 1992, as Document No. 2649946. 2.Terms and conditions of Special Use Permit Case No. 90-5 for rooftop sign recorded May 1, 1992, as Document No. 2649948. 3.Terms and conditions of Special Use Permit Case No. 88-31 for antennae recorded May 1, 1992, as Document No. 2649949. Staff has verified that the antenna, rooftop sign, and dish antenna approved by the permits listed above have all been removed from the property as of May 2, 2013. By executing the termination, the Special Use Permits will no longer have legal force. The property owner has requested that the City take this action to clean up the property deed for legal and financial considerations. In general, it is good practice for the City to formally terminate special uses that no longer exist as well. By removing these Special Use Permits, the ______________________________________________________________________________ City of Arden Hills City Council Meeting for May 13, 2013 12 Page of City can ensure that the current owner or a future owner could not re-establish the uses on the property without prior Council approval. Recommendation The City Attorney reviewed the termination request, and is recommending approval. Staff is recommending approval of the termination of Special Use Permits 89-19, 90-5, and 88- 31 recorded against the property at 1201 County Road E. Attachments A.Termination of Special Use Permits Agreement ______________________________________________________________________________ City of Arden Hills City Council Meeting for May 13, 2013 22 Page of Attachment AAttachment A TERMINATION OF SPECIAL USE PERMITS This Termination of Special Use Permits is executed by the City of Arden Hills Minnesota, a Minnesota municipal corporation CityMay 13, 2013. The following Special Use Permits were approved and issued by the City Special Use Permits and were recorded against and encumber that certain real property legally described in Exhibit A attached 1.Terms and conditions of Special Use Permit Case No. 89-19 for antennae recorded May 1, 1992, as Document No. 2649946. 2.Terms and conditions of Special Use Permit Case No. 90-5 for rooftop sign recorded May 1, 1992, as Document No. 2649948. 3.Terms and conditions of Special Use Permit Case No. 88-31 for antennae recorded May 1, 1992, as Document No. 2649949. The Property no longer contains the approved antenna, rooftop sign or dish antenna approved by the Special Use Permits. The Property is being redeveloped pursuant to that certain Development Contract and Planned Unit Development Agreement (Developer Installed Improvements) 1201 County Road E Arden Hills by and between the owners of the Property and the City which was . The owners of the Property have requested that the City execute this Termination of Special Use Permits. The City hereby terminates the Special Use Permits which are of no further force or effect. [signatures on next page] {00138192 } SIGNATURE PAGE TO TERMINATION OF SPECIAL USE PERMITS CITY OF ARDEN HILLS By:__________________________________ _______________________________ Its: _________________________________ STATE OF _____________ ) )ss. COUNTY OF _____________ ) ____________________________, This instrument was acknowledged before me on , by as ____________________ of the City of Arden Hills, a Minnesota municipal corporation. (Stamp) (signature of notarial officer) Title (and Rank): Notary Public My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: Ravich Meyer Kirkman McGrath Nauman & Tansey, PA 4545 IDS Center, 80 South 8th Street Minneapolis, MN 55402 {00138192 } EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All that part of the South ½ of the Southeast ¼ of the Southeast ¼, Section 27, Township 30, Range 23, lying between the Northerly right of way limits of U.S. Highway No. 10, and the Southerly right of way limits of the Minneapolis, St. Paul and Sault Ste. Marie Railroads, and the Westerly right of way limits of Lexington Avenue and Easterly of the West 250 feet of said Southeast ¼ of the Southeast ¼ of Section 27, Township 30, Range 23, according to the plat thereof on file or of record in the office of County Recorder, Ramsey County, Minnesota u {00138192 } CONSENT ITEM MEMORANDUM DATE:May 13, 2013 TO:Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Terry Maurer, Public Works Director SUBJECT:National Public Works Week: May 19-25, 2013 Discussion National Public Works Week is May 19-25, 2013. This is an opportunity to recognize the efforts put forth by our Public Works staff in maintaining the City infrastructure consisting of sanitary sewer, water, storm sewer, streets, trails, parks and public buildings. The daily efforts by these dedicated employees enhance the health, safety and quality of life for all our residents. The Public Works staff is made up of the following employees together with their years of service to the City of Arden Hills: Joe Mooney, Superintendent 27 Years Dave Winkel 35 Years Mike Schifsky 33 Years Pete Saxe 23 Years (retired in March) Scott Freyberger 14 Years Tony Nowlan 7 Years Jeff Frid 7 Years Max Arvidson 3 Years Thomas Mikacevich 2 Year Darien Schifsky 1 Year (hired in February) Requested Action Adoption of Resolution 2013-025 Recognizing National Public Works Week: May 19- 25, 2013. Attachment Attachment A: Resolution 2013-025 City Council Meeting P:\Admin\Council\Agendas & Packet Information\2013\05-13-13-R\Packet\Terry\National Public Works Week\Public Works.doc Page 1 of 1 Attachment AAttachment A CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2013-025 RESOLUTION RECOGNIZING NATIONAL PUBLIC WORKS WEEK: MAY 19-25, 2013 WHEREAS, public works services provided in our community are an integral part of our citizens everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operations of public works systems and programs such as water, sewers, streets and highways, and public buildings; and WHEREAS, the health, safety and comfort of this community greatly depend on these facilities and services; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff the Public Works Department ttitude and understanding of the importance of the work they perform. THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota that the City proclaims the week of May 19 to 25 s the City of Arden Hills. All citizens and civic organizations are called upon to recognize the contributions which the Public Works Department makes every day to our health, safety, comfort, and quality of life. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 13th DAY OF MAY, 2013. ________________________________ David Grant, Mayor ATTEST: __________________________________ Patrick Klaers, City Administrator UNFINISHED BUSINESS MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: John Anderson, Assistant City Engineer SUBJECT: 2013 Pavement Management Program (PMP) Assessment Hearing Adopt Assessment Roll Award Contract Budgeted Amount: Actual Amount: Funding Sources: $1,700,000 $937,523.26 PIR, Sanitary Sewer, Water and Surface Water Utility Funds, and Assessments Requested Action The City Council is requested to approve the following: 1.Hold Assessment Hearing 2.Adopt Resolution 2013-020 Adopting Assessment Roll for the 2013 Pavement Management Program (This can be adopted with any changes the Council deems appropriate) 3.Adopt Resolution 2013-021 Awarding the 2013 Pavement Management Program project to North Valley, Inc in the amount of $723,366.70 Discussion On March 11, 2013, the City Council adopted Resolution No. 2013-014 Approving the Plans and Specifications and Ordering the Advertisement for Bids. Bids were solicited during March and opened on Tuesday, April 2, 2013. A portion of the costs for the 2013 PMP project are proposed to be assessed against the er to assess these costs, the City must follow the process outlined in State Statute 429. On April 8, 2013, after the bids were opened, the City Council adopted Resolution 2013-017 Declaring the Amount of the Cost 14 Page of to be Assessed and set today as the date for the assessment hearing. A public hearing prior to adopting the assessments is a requirement of the State Statute 429. practices, which states that 50% of the costs for roadway improvements will be assessed in residential areas, with the remaining portion financed by City funds. Financing for the project is consistent with City policy and past practices and is summarized in the table below. The project costs include engineering and overhead costs as outlined in the Assessment Policy. Item Low Bid Plus Overhead Funding Source Sanitary Sewer $68,636.24 Sanitary Sewer Utility Fund Water $233,282.21 Water Utility Fund Surface Water Drainage $208,285.53 Surface Water Management Utility Fund Street $427,319.28 PIR/Assessment TOTAL $937,523.26 The calculation of the amount to be assessed as approved by Council Resolution 2013-017 is shown below. Also, the Council established that the interest rate would be 3.80% and the term would be 7 years. Item Calculation Result Half of Construction Cost $311,911.88/2 $155,955.94 Add 37% Overhead $155,955.94 x 1.37 $213,659.64 Divide by Assessable Units $213,659.64/48 $ 4,451.24 The Assessment Policy states that the City Council shall retain the right to review each project on its own merit and deviate from any portion of the policy as it deems proper. As was discussed briefly with the City Council there are several properties in the project that are bisected by the Arden Hills/Roseville corporate border. These properties were assessed for a portion of a previous street improvement project in 2008 by the City of Roseville. The attached exhibit shows these properties and the following list discusses each one individually. Parcel A (3120 Asbury Avenue N) 1. This parcel has street frontage both in Roseville (34.54 Feet) and Arden Hills (65.46 Feet). In 2008, this parcel was assessed $784.82 for the Roseville street improvement. This parcel requested that concrete curb and gutter be extended across its entire frontage with the 2013 PMP which was added to the project at a cost of $886.23. (an email correspondence is attached) Staff recommendation is to assess this parcel the full amount of $4,451.24 since the requested additional concrete curb and gutter is approximately equal in cost to the previous 2008 Roseville street assessment. 2.Parcel B (3111 Ridgewood Road) 24 Page of This parcel is split by the Arden Hills/Roseville border; however the entire street frontage is in Roseville. There is no street construction with the 2013 PMP in front of the parcel. This parcel was not included in the 2013 PMP Assessment Roll. Staff recommendation is to exclude this parcel from the 2013 PMP Assessment Roll. 3.Parcel C (3121 Ridgewood Road) This parcel is split by the Arden Hills/Roseville border with frontage in both cities. The Roseville frontage is 29.62 feet and the Arden Hills frontage is 70.35 feet. In 2008, the parcel was assessed $673.81 for the Roseville street improvement; however the 2008 Roseville project constructed the street entirely across this parcel so there is no street construction with the 2013 PMP in front of this parcel. This parcel was included in the 2013 PMP Assessment Roll at the full amount of $4,451.24. Staff recommendation is to remove this parcel from the Assessment Roll due to the fact that there is no construction with the 2013 PMP in front of it. 4.Parcel D (3128 Ridgewood Road) This parcel is split by the Arden Hills/Roseville border; however its street frontage is entirely in Arden Hills. This parcel did not receive an assessment for the 2008 Roseville street improvement nor was there any street construction from that 2008 project in front of this parcel. This parcel was included in the 2013 PMP Assessment Roll at the full amount of $4,451.24. Staff recommendation is to leave this parcel in the assessment roll at the full amount of $4,451.24. 5.Parcel E (3130 Ridgewood Road) This parcel is split by the Arden Hills/Roseville border; however its street frontage is entirely in Arden Hills. This parcel did not receive an assessment for the 2008 Roseville street improvement nor was there any street construction from that 2008 project in front of this parcel. This parcel was included in the 2013 PMP Assessment Roll at the full amount of $4,451.24. Staff recommendation is to leave this parcel in the assessment roll at the full amount of $4,451.24. The full detailed assessment roll as mailed to each of the property owners is attached. To date, no formal objections have been submitted in writing to City staff. Any written objection received prior to Monday evening will be provided to the City Council at the assessment hearing. As provided for in State Statute, no appeal may be taken as to the amount of any assessment adopted unless a written objection signed by the affected property owner is filed with the City at or prior to the assessment hearing. After the adoption of the assessment roll, property owners who have submitted an objection in writing have 30 days to serve notice of an appeal to the City, and within 10 days after serving notice to file with the District Court. Bid Results 34 Page of Bids were opened Tuesday Aril 2, 2013. There were a total of five bids received. The bids their total bid: North Valley, Inc $723,366.70 T.A. Schifsky & Sons, Inc $726,966.97 Hardrives, Inc. $756,010.84 Omann Brothers Paving, Inc $767,587.69 Midwest Asphalt Corp. $910,190.00 The lowest bid was submitted by North Valley, Inc., who has successfully completed similar projects in the past. The detailed breakdown of their bid with overhead for each component of the project was presented earlier in this memo. Recommendation The Council should hold the Assessment Hearing first. Staff is prepared to make a presentation with a full discussion of the unique parcels discussed previously in this memo. After the Assessment Hearing is closed Council should consider adopting Resolution 2013-020 Adopting the Assessment Roll for the 2013 Pavement Management Program with an changes they deem appropriate. Following that, Council should consider adopting Resolution 2013-021 Awarding the Contract for the 2013 Pavement Management Program to North Valley, Inc in the amount of $723,366.70. Attachment Attachment A: Assessment Area Map Attachment B: 3120 Asbury Avenue E-mail Correspondence Attachment C: Assessment Roll Attachment D: Resolution 2013-020 Adopting the Assessment Roll for the 2013 PMP Attachment E: Resolution 2013-021 Awarding the Contract for the 2013 PMP 44 Page of Attachment AAttachment A Attachment C Attachment C Attachment D Attachment D UNFINISHED BUSINESS MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Terry Maurer, Public Works Director John Anderson, Assistant City Engineer SUBJECT: 2013 PMP - Construction Engineering Services Requested Action Authorize accepting the proposal, on an hourly basis, from Elfering and Associates for Construction Services (Resident Inspector and Survey Crew) for the 2013 PMP working under the direction of John Anderson, Assistant City Engineer. Discussion As the 2013 PMP heads towards construction, there are some engineering services that will be needed to complete the project. John Anderson, Assistant City Engineer, will continue to lead the project but will need a resident inspector and survey crew. Attached is a letter of proposal from Elfering and Associates to provide these services on an hourly basis under the direction of John Anderson. and Associates hourly rates, it is estimated their services will amount to about $64,000 total. Because the cost of these services was included in the previous project award memo, they have not been repeated in this memo. Elfering and Associates is the firm that provided preliminary engineering services based on proposals from three firms. They have also provided resident inspection services for several recent projects including the 2011 PMP and Valentine Park Improvement. They are providing the same staff member, Roger Bialke, who is familiar with City staff and our project requirements. Attachment Attachment A: Letter of Proposal from Elfering and Associates 11 Page of Attachment AAttachment A NEW BUSINESS MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Matthew Bachler, Community Development Intern SUBJECT:Planning Case #13-006 Applicant: Ramsey County Property Location: Twin Cities Army Ammunition Plant site Request: Site Plan Review Sign Standard Adjustment Requested Action Motion to approve Planning Case 13-006 for a Sign Standard Adjustment at the Twin Cities Ammunition Plant site, based on the findings of fact and the submitted plans, as amended by the two conditions in the May 13, 2013 report to the City Council. Background Ramsey County is proposing to install four temporary freestanding signs each measuring 32 square feet in total sign area on the TCAAP site owned by Ramsey County. The real estate closing for the transfer of the TCAAP site from the U.S. Army to Ramsey County was completed on April 15, 2013. Ramsey County has contracted Bolander and Sons Co. to carry out demolition work and site remediation in order to prepare the site for future development. These activities are scheduled to commence in May 2013 and take approximately 30 months. The proposed sign includes graphics and text that help explain to the public the nature of the work being done on the site and how to obtain more information about the project. The sign area for each sign would measure 8 feet wide by 4 feet tall, an area of 32 square feet. The signs would be located in four separate locations around the site: 1.Highway 96 between Highway 10 and Snelling Avenue N. 2.Gate 4 on Highway 10 ______________________________________________________________________________ City of Arden Hills City Council Meeting for May 13, 2013 13 Page of 3.Eastern terminus of County Road H 4.Northwestern corner of the Rice Creek Trail Corridor Section 1250.02 of the Sign Code regulates the use of temporary on-premise signage. The TCAAP property falls within two separate sign districts. The portion of the property fronting Highway 96 is in Sign District 6. The remainder of the property is in Sign District 9. One of the proposed sign locations is within District 6, while the other three are within District 9. The Sign Code permits one temporary freestanding sign not exceeding 22.5 square feet in area on the portion of the property fronting Highway 96. Temporary freestanding signs are not permitted on the remainder of the site. The applicant has proposed to display the signs for the duration of the demolition and remediation project on the TCAAP site, approximately 30 months. The Sign Code allows the property to display a permitted temporary sign for no more than 30 days per calendar year. Findings of Fact The Planning Commission offers the following thirteen findings of fact for review: 1.The property is located in the Mixed Business and Single Family Residential Zoning Districts. 2.The property is located in Sign District 6 and Sign District 9. 3.In Sign District 6, one temporary freestanding sign is permitted up to 22.5 square feet. The sign may be in place for up to 30 days per calendar year. 4.In Sign District 9, no temporary freestanding signs are permitted. 5.Ramsey County is proposing four temporary freestanding signs. 6.The proposed signs would measure 8 feet by 4 feet with a sign area of 32 square feet. 7.The proposed signs would be displayed for the duration of the demolition and remediation project on the TCAAP site. 8.Section 1260 of the Sign Code permits deviation from the Sign Code through the Site Plan Review process. 9.Site conditions limit the visibility of signs from adjacent roadways. 10.Restrictions on temporary to share information about the TCAAP project with the public. 11.Sign Code regulations on the permit length of temporary signage would limit Ramsey 12.The sign adjustment will not result in a sign that is inconsistent with the purpose of the Mixed Business and Single Family Residential Zoning Districts. 13.The sign would not have a negative impact on adjacent properties or the City as a whole because providing information about the TCAAP project is a public benefit. ______________________________________________________________________________ City of Arden Hills City Council Meeting for May 13, 2013 23 Page of Recommendation The Planning Commission reviewed Planning Case 13-006 at the May 8, 2013, meeting. The commissioners had specific questions regarding the proposed sign location along the Rice Creek Trail Corridor. Ramsey County would like to install a sign along the trail in order to inform trail users that active construction work is taking place in the area and that caution should be used. The Planning Commission unanimously recommends approval for a Sign Standard Adjustment at the Twin Cities Ammunition Plant site based on the findings of fact and the submitted plans, as amended by the following two conditions: 1.Ramsey County shall remove the four temporary freestanding signs upon the completion of demolition work and site remediation on the property. 2.Ramsey County shall maintain the four signs in like new condition and repair and/or replace a sign if it is damaged or deteriorates during the approved timeline. Requested Action Motion to approve Planning Case 13-006 for a Sign Standard Adjustment at the Twin Cities Ammunition Plant site, based on the findings of fact and the submitted plans, as amended by the two conditions in the May 13, 2013 report to the City Council. Options 1.Approve the proposal as submitted. 2.Approve the proposal with conditions. 3.Deny the application with reasons for denial. If the City denies the petitioners request, 4.Table for additional information. Deadline for Agency Actions There is no mandated deadline for agency action in this case. Attachments A.May 8, 2013, Planning Commission Packet ______________________________________________________________________________ City of Arden Hills City Council Meeting for May 13, 2013 33 Page of Attachment AAttachment A MEMORANDUM 3.B DATE: May 8, 2013 PC Agenda Item TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT:Planning Case #13-006No public hearing required – Applicant: Ramsey County Property Location: Twin Cities Army Ammunition Plant site Request: Site Plan Review – Sign Standard Adjustment Requested Action The applicant has requested a site plan review for a sign standard adjustment that would allow for a deviation from the Sign Code for temporary freestanding signage on the Twin Cities Army Ammunition Plant (TCAAP) site owned by Ramsey County. Background 1.Overview of Request: Ramsey County is proposing to install four temporary freestanding signs each measuring 32 square feet in total sign area on the TCAAP site owned by Ramsey County. The real estate closing for the transfer of the TCAAP site from the U.S. Army to Ramsey County was completed on April 15, 2013. Ramsey County has contracted Carl Bolander and Sons Co. to carry out demolition work and site remediation in order to prepare the site for future development. These activities are scheduled to commence in May 2013, and take approximately 30 months. The proposed sign includes graphics and text that help explain to the public the nature of the work being done on the site and how to obtain more information about the project (Attachment A). The sign area for each sign would measure 8 feet by 4 feet, an area of 32 square feet. The signs would be located in four separate locations around the site. Ramsey County has provided the City with a map showing the precise location of each sign (Attachment B): 1.Highway 96 between Highway 10 and Snelling Avenue N. 2.Gate 4 on Highway 10 3.Eastern terminus of County Road H 4.Northwestern corner of the Rice Creek Trail Corridor Section 1250.02 of the Sign Ordinance regulates the use of temporary on-premise signs. The TCAAP property falls within two separate sign districts. The portion of the property fronting Highway 96 is in Sign District 6. The remainder of the property is in Sign District 9. One of the proposed sign locations is within District 6, while the other three are within District 9. The Sign Ordinance permits one temporary freestanding sign not exceeding 22.5 square feet in area on the portion of the property fronting Highway 96. Temporary freestanding signs are not permitted on the remainder of the site. The applicant has proposed to display the signs for the duration of the demolition and remediation project on the TCAAP site. Under the Sign Ordinance, the property is allowed to display a permitted temporary sign for no more than 30 days per calendar year. 2.Surrounding Area: Direction Future Land Use Plan Zoning Existing Land Use Parks and Open Space North City of Shoreview City of Shoreview City of Shoreview South Public and Institutional B-1 Limited Business District Public and Institutional R-3 Townhouse and Low Density Multiple Dwelling Medium Density Residential; District; I-2 General Industrial EastMixed Business District Mobile Home Park, Commercial West Mixed Residential M-R Mixed Residential Vacant 3.Site Data: Future Land Use Plan: Mixed Business; Park Preserve Existing Land Use: Vacant; Parks and Open Space Zoning: M-B Mixed Business; R-1 Single Family Residential Size:427 acres Topography: Rolling Plan Evaluation 1. Site Plan Review – Section 1260: Sign Standard Adjustment Section 1260.01 of the Sign Code permits adjustments to sign height, number, type, lighting, area, and/or location through the site plan review process if criteria number 1 or 2 is met and the required criteria number 3 is met. In this case, criteria 1 and 3 are most applicable. The criteria are as follows: 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; or, 2.The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site; and 3.The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. Site conditions on the TCAAP property justify a sign adjustment to allow the sign in Sign District 6 to be reasonably visible from the roadway adjacent to the site. This proposed sign would be located on Highway 96, which carries higher speed traffic and where there is a significant distance between vehicles and the property. Given that the signs are designed to provide the public with information about the project, an adjustment to the permitted sign area that would allow this sign to be clearly visible from Highway 96 is warranted. Additionally, an adjustment to the Sign District 9 regulations that prohibit any freestanding signs should be granted. The TCAAP property covers a total of 427 acres of land. Under the Sign Ordinance, Ramsey County would only be able to place signage about the TCAAP project at the southern end of the site on Highway 96. In order for the County to effectively inform a greater percentage of the public about the work being done on the TCAAP site, signs will need to be located at additional sites on the property. It is a benefit to the public for the County to be able to inform interested people about the activities on the TCAAP site; therefore, an adjustment to the Sign District 9 standards to allow an additional three temporary freestanding signs on the TCAAP site is warranted. The Sign Ordinance permits a property to display a temporary sign for 30 days per calendar year. However, the demolition and site remediation work on the TCAAP property is expected to take 30 months. Allowing Ramsey County to display the temporary signage until work on the site is completed would ensure that a source of information about the project was available to the general public for its duration. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed sign standard adjustment at 1195 County Road E meets the criteria in the Sign Code to deviate from the sign regulations and if the proposed temporary on-premise signage would adversely affect the surrounding neighborhood and the community as a whole. Staff offers the following findings for consideration: 1.The property is located in the Mixed Business and Single Family Residential Zoning Districts. 2.The property is located in Sign District 6 and Sign District 9. 3.In Sign District 6, one temporary freestanding sign is permitted up to 22.5 square feet. The sign may be in place for up to 30 days per calendar year. 4.In Sign District 9, no temporary freestanding signs are permitted. 5.Ramsey County is proposing four temporary signs. 6.The proposed signs would measure 8 feet by 4 feet with a sign area of 32 square feet. 7.The proposed signs would be displayed for the duration of the demolition and remediation project on the TCAAP site. 8.Section 1260 of the Sign Code permits deviation from the Sign Code through the Site Plan Review process. 9.Site conditions limit the visibility of signs from adjacent roadways. 10.Restrictions on temporary signage in Sign District 9 would limit Ramsey County’s ability to share information about the TCAAP project with the public. 11.Sign Code regulations on the permit length of temporary signage would limit Ramsey County’s ability to share information about the TCAAP project with the public. 12.The sign adjustment will not result in a sign that is inconsistent with the purpose of the Mixed Business and Single Family Residential Zoning Districts. 13.The sign would not have a negative impact on adjacent properties or the City as a whole because providing information about the TCAAP project is a public benefit. Resident Comments Staff has not received any letters, e-mails, or telephone calls from property owners or occupants concerning this planning case; however, site plan reviews do not require a public hearing or public notice. Staff Recommendation Based on the submitted plans and findings of fact, Staff recommends approval of Planning Case 13-006 for a sign standard adjustment under the Site Plan Review process. Options and Proposed Motion Language 1.Recommend Approval as Submitted: Motion to recommend approval of Planning Case 13-006 for a Site Plan Review at the Ramsey County TCAAP site based on the finds of fact, the submitted plan, and the May 8, 2013, Planning Case report. 2.Recommend Approval with Conditions: Motion to recommend approval of Planning Case 13-006 for a Site Plan Review at the Ramsey County TCAAP site based on the findings of fact, the submitted plan, and the May 8, 2013, Planning Case report, subject to the following conditions… 3.Recommend Denial: Motion to recommend denial of Planning Case 13-006 for a Site Plan Review at the Ramsey County TCAAP site based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4.Table: Motion to table Planning Case 13-006 for Site Plan Review at the Ramsey County TCAAP site: a specific reason and information request should be included with a motion to table. Deadline for Agency Actions Since the City of Arden Hills is the applicant in this case, there is no mandated deadline for agency action. Attachments A.Site Map and Sign Locations B.Image of Sign AttachmentA NEW BUSINESS MEMORANDUM DATE: May 13, 2013 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Matthew Bachler, Community Development Intern SUBJECT:Planning Case #13-005 Applicant: Stuart Companies Property Location: 1195 County Road E Request: Site Plan Review Sign Standard Adjustment Requested Action Motion to approve Planning Case 13-005 for a Sign Standard Adjustment at 1195 County Road E, based on the findings of fact and the submitted plans, as amended by the four conditions in the May 13, 2013, report to the City Council. Background The property at 1195 County Road E is owned by TAT Properties, represented in this case by Stuart Companies. The property is located in the B-2 General Business District on the north side of County Road E directly west of Lexington Avenue. The applicant is proposing to install two vinyl banners each measuring 216 square feet on the exterior walls of the property. On December 21, 2012, the City Council approved a Planned Unit Development (PUD) to remodel the existing structure at 1195 County Road E and construct 74 residential unit apartments on the site. The applicants have concerns about the visibility of their advertising signs. The proposed reuse converts the building from a former hotel into residential apartment units, which is a substantial change in land use and may not be known by the average person driving by the building. Further, given the size of the building and the large building setback from Lexington Avenue, advertising signs are not easy to see. The building is setback approximately 360 feet from Lexington Avenue and 70 feet from County Road E. The proposed ______________________________________________________________________________ City of Arden Hills City Council Meeting for May 13, 2013 14 Page of signs include images and text that would identify the new use of the property as a residential apartment building and would provide directions on how to obtain information about the project. Each sign would measure 12 feet by 18 feet, an area of 216 square feet. One sign would be located on the east building wall facing Lexington Avenue. This building wall is approximately 2,400 square feet and the proposed sign would cover 9.0% of the total façade. The second sign would be located on the south building wall facing County Road E. This building wall is approximately 12,000 square feet and the proposed sign would cover 1.8% of the total façade. A professional sign company would install the signs. Stuart Companies would maintain the signs in like new condition and repair and/or replace a sign if it is torn or deteriorates during the approved timeline. Section 1250.02 of the Sign Code regulates the use of temporary on-premise signage. The property fronts Lexington Avenue and is south of I-694, therefore the Sign District 5 standards apply in this case. The Sign Code permits one temporary sign not exceeding 40 square feet in area. However, because the building currently has space for lease the property is allowed one additional temporary sign not exceeding 25 square feet in area. The applicant has asked to display the signs from the date the sign permit is issued to 30 days after the residential property receives the Certificate of Occupancy. The applicant expects to receive the Certificate of Occupancy no later than September 2013. The Sign Code permits the property to display a temporary sign for no more than 30 days per calendar year. A sign advertising available space for lease in a building can be displayed until seven days after the building is leased. Findings of Fact The Planning Commission offers the following twelve findings of fact for review: 1.The property is located in the B-2 Zoning District and Sign District 5. 2.The property is a conforming use in the B-2 Zoning District under the approved Planned Unit Development. 3.In Sign District 5, one temporary sign is permitted up to 40 square feet. The sign may be in place for up to 30 days per calendar year. 4.In Sign District 5, one temporary sign up to 25 square feet advertising available space in a building is permitted. The sign may be in place until seven days after the building is leased. 5.The proposed signs would be vinyl banners that would each measure 12 feet by 18 feet, or 216 square feet in size. 6.The proposed signs would be displayed from the date the sign permit is issued to 30 days after the residential property receive the Certificate of Occupancy. 7.Section 1260 of the Sign Code permits deviation from the Sign Code through the Site Plan Review process. ______________________________________________________________________________ City of Arden Hills City Council Meeting for May 13, 2013 24 Page of 8.The location of the building limits the visibility of temporary signage as permitted in the Sign Code from County Road E and Lexington Avenue. 9.Sign Code regulations on the permit length of ability to effectively advertise the availability of apartment units in the building. 10.The sign adjustment will not result in a sign that is inconsistent with the purpose of the B- 2 zoning district. 11.The signs would not be visible from residential properties. 12.The sign would not have a negative impact on adjacent properties or the City as a whole because they are consistent with the size and layout of the property on which they would be located. Recommendation The Planning Commission reviewed Planning Case 13-005 at the May 8, 2013, meeting. The Planning Commission unanimously recommends approval for a Sign Standard Adjustment at 1195 County Road E based on the findings of fact and the submitted plans, as amended by the following four conditions: 1.The applicant shall remove all freestanding signs related to the apartment use located on the property upon the completed installation of the two temporary signs. 2.The two temporary wall signs shall be displayed from the date the sign permit is issued to 30 days after the property receives the Certificate of Occupancy. 3.The two temporary signs shall each measure 12 feet by 18 feet and be 216 square feet in size. 4.The applicant shall maintain the two signs in like new condition and repair and/or replace a banner if it is torn or deteriorates during the approved timeline. Requested Action Motion to approve Planning Case 13-005 for a Sign Standard Adjustment at 1195 County Road E, based on the findings of fact and the submitted plans, as amended by the four conditions in the May 13, 2013, report to the City Council. Options 1.Approve the proposal as submitted. 2.Approve the proposal with conditions. 3.Deny the application with reasons for denial. If the City denies the petitioners request, 4.Table for additional information. ______________________________________________________________________________ City of Arden Hills City Council Meeting for May 13, 2013 34 Page of Deadline for Agency Actions The City of Arden Hills received the completed application for this request on April 16, 2013. Pursuant to Minnesota State Statute, the City must act on this request by June 15, 2013 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the applicant, the City may extend the review period beyond the initial 120 days. Attachments A.May 8, 2013, Planning Commission Packet ______________________________________________________________________________ City of Arden Hills City Council Meeting for May 13, 2013 44 Page of Attachment AAttachment A MEMORANDUM 3.A DATE: May 8, 2013 PC Agenda Item TO: Planning Commission FROM: Matthew Bachler, Community Development Intern SUBJECT:Planning Case #13-005No public hearing required – Applicant: Stuart Co Property Location: 1195 County Road E Request: Site Plan Review – Sign Standard Adjustment Requested Action The applicant has requested a site plan review for a sign standard adjustment that would allow for a deviation from the Sign Code for the permit length and sign area of temporary wall signage at 1195 County Road E. Background 1.Overview of Request: The property at 1195 County Road E is owned by TAT properties, represented in this case by Stuart Co. The property is located in the B-2 General Business District on the north side of County Road E directly west of Lexington Avenue. The applicant is proposing to install two vinyl banners each measuring 216 square feet on the exterior walls of the property. On December 21, 2012, the City Council approved a Planned Unit Development (PUD) to remodel the existing structure at 1195 County Road E and construct 74 residential unit apartments on the site in Planning Case 12-019. The applicants have concerns about visibility of their advertising signs. The proposed reuse converts the building from a former hotel into residential apartment units, which is a substantial change in land use and may not be known by the average person driving by the building. Further, given the size of the building and the large building setback from Lexington Avenue, advertising signs are not easy to see. The building is setback approximately 360 feet from Lexington Avenue and 70 feet from County Road E. The proposed signs include images and text that would better identify the new use of the property as a residential apartment building and would provide directions on how to obtain information about the project. The applicant has provided images of the two signs (Attachment A). One sign would be located on the east building wall facing Lexington Avenue and the second sign would be located on the south building wall facing County Road E. Each sign would measure 12 feet by 18 feet, an area of 216 square feet. The combined area of the two signs would be 432 square feet. A professional sign company would install the signs. Stuart Co would maintain the signs in like new condition and repair and/or replace a sign if it is torn or deteriorates during the approved timeline. Section 1250.02 of the Sign Ordinance regulates the use of temporary on-premise signs. The property fronts Lexington Avenue and therefore standards for Sign District 5 apply in this case. The Ordinance permits the property to have no more than one temporary sign not exceeding 40 square feet in area. However, because the building currently has space for lease the property is allowed one additional temporary sign not exceeding 25 square feet in area. The applicant has asked to display the banners from the date the sign permit is issued to 30 days after the residential property receives the Certificate of Occupancy. Under the Sign Ordinance, the property is allowed to display a permitted temporary sign for no more than 30 days per calendar year. A sign advertising available space for lease in a building can be displayed until seven days after the building is leased. 2.Surrounding Area: Direction Future Land Use Plan Zoning Existing Land Use Light Industrial and Office, North Commercial B-3 Service Business District Industrial, Commercial South Community Mixed Use B-2 General Business District Commercial Commercial East City of Shoreview City of Shoreview City of Shoreview West Community Mixed Use B-2 General Business District Commercial 3.Site Data: Future Land Use Plan: Community Mixed Use Existing Land Use: Apt 4+ Units Zoning: B-2 General Business District Size:7.65 Acres Topography: Relatively Flat Plan Evaluation 1. Site Plan Review – Section 1260: Sign Standard Adjustment Section 1260.01 of the Sign Code permits adjustments to sign height, number, type, lighting, area, and/or location through the site plan review process if criteria number 1 or 2 is met and the required criteria number 3 is met. In this case, criteria one and three are most applicable. The criteria are as follows: 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; or, 2.The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site; and 3.The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. The applicant has submitted a letter responding the above criteria (Attachment A). 2. Purpose of the B-2 District According to Section 1320.04 Subd. 7 of the Zoning Ordinance, the purpose of the B-2 District is as follows: 1.To be a place in which people can live, work and play. 2.To create a compact, architecturally diverse, pedestrian- and bicycle-friendly community with a distinct identity. 3.To provide a connected sidewalk system and places for people to gather and socialize. 4.To implement design standards to promote an attractive environment with lasting and sustainable value. 5.To group compatible retail and service business uses that tend to draw trade that is naturally interchangeable and promotes business prosperity. 6.To provide an adequate supply of business and professional service areas to meet the needs of residents. 7.To minimize the effects of traffic congestion, noise, odor, glare and similar safety problems. 8.To implement the Plan known as the “Guiding Plan for the B2 District,” which was adopted by the City Council on October 27, 2008. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed sign standard adjustment at 1195 County Road E meets the criteria in the Sign Code to deviate from the sign regulations and if the proposed temporary on-premise signage would adversely affect the surrounding neighborhood and the community as a whole. Staff offers the following twelve findings for consideration: 1.The property is located in the B-2 Zoning District and Sign District 5. 2.The property is a conforming use in the B-2 Zoning District under the approved Planned Unit Development. 3.In Sign District 5, one temporary sign is permitted up to 40 square feet. The sign may be in place for up to 30 days per calendar year. 4.In Sign District 5, one temporary sign up to 25 square feet advertising available space in a building is permitted. The sign may be in place until seven days after the building is leased. 5.The proposed signs would be vinyl banners that would each measure 12 feet by 18 feet, or 216 square feet in size. 6.The proposed signs would be displayed from the date the sign permit is issued to 30 days after the residential property receive the Certificate of Occupancy. 7.Section 1260 of the Sign Code permits deviation from the Sign Code through the Site Plan Review process. 8.The location of the building limits the visibility of temporary signage as permitted in the Sign Code from County Road E and Lexington Avenue. 9.Sign Code regulations on the permit length of temporary signage would limit the owner’s ability to effectively advertise the availability of apartment units in the building. 10.The sign adjustment will not result in a sign that is inconsistent with the purpose of the B- 2 zoning district. 11.The signs would not be visible from residential properties. 12.The sign would not have a negative impact on adjacent properties or the City as a whole because they are consistent with the size and layout of the property on which they would be located. Resident Comments Staff has not received any letters, e-mails, or telephone calls from property owners or occupants concerning this planning case; however, site plan reviews do not require a public hearing or public notice. Staff Recommendation Based on the submitted plans and findings of fact, Staff recommends approval of Planning Case 13-005 for a sign standard adjustment under the Site Plan Review process. Staff recommends the following condition be included with the approval: 1.The applicant shall remove all freestanding signs related to the apartment use located on the property upon the completed installation of the two temporary signs. 2.The two temporary wall signs shall be displayed from the date the sign permit is issued to 30 days after the property receives the Certificate of Occupancy. 3.The two temporary signs shall each measure 12 feet by 18 feet and be 216 square feet in size. 4.The applicant shall maintain the two signs in like new condition and repair and/or replace a banner if it is torn or deteriorates during the approved timeline. Options and Proposed Motion Language 1.Recommend Approval with Conditions: Motion to recommend approval of Planning Case 13-005 for a Site Plan Review at 1195 County Road E based on the findings of fact, the submitted plan as amended by the four conditions in the May 8, 2013, Planning Case report. 2.Recommend Approval as Submitted: Motion to recommend approval of Planning Case 13-005 for a Site Plan Review at 1195 County Road E based on the finds of fact, the submitted plan, and the May 8, 2013, Planning Case report. 3.Recommend Denial: Motion to recommend denial of Planning Case 13-005 for a Site Plan Review at 1195 County Road E based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4.Table: Motion to table Planning Case 13-005 for Site Plan Review at 1195 County Road E:a specific reason and information request should be included with a motion to table. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on April 16, 2013. Pursuant to Minnesota State Statute, the City must act on this request by June 15, 2013 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the applicant, the City may extend the review period beyond the initial 120 days. Attachments A)Application and supporting materials B)Air photo of the site AttachmentA streetflats rdefining student housing e A new community by 1195 County Road E Aerial 0251.04502.1Feet 502.1 This map is a user generated static output from an Internet mapping site and 1:3,012 is for reference only. Data layers that appear on this map may or may not be NAD_1983_HARN_Adj_MN_Ramsey_Feetaccurate, current, or otherwise reliable. © Ramsey County Enterprise GISTHIS MAP IS NOT TO BE USED FOR NAVIGATION