HomeMy WebLinkAbout10-28-13-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.
2.A.Ramsey County Sheriff's Department (Police Services) Update
Sheriff Matt Bostrom
Documents:MEMO.PDF,ATTACHMENT A.PDF
STAFF COMMENTS
3.A.TCAAP Update
Jill Hutmacher, Community Development Director
Documents:MEMO.PDF
3.B.Transportation Update
John Anderson, Assistant City Engineer
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
Ashley Bertrand, Accounting Analyst
Sue Iverson, Director of Finance and Administrative Services
Documents:MEMO.PDF
5.B.Planning Case 13016 Variance 1226 Ingerson Road
Ryan Streff, City Planner
Documents:CC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF
Adopt Revisions To The Benefits And PTO Sections Of The City's Personnel Policy
Sue Iverson, Director of Finance and Administrative Services
Documents:MEMO.PDF,ATTACHMENT A.PDF
Approve Cable Services Agreement
Patrick Klaers, City Administrator
Documents:MEMO.PDF,ATTACHMENT A.PDF
5.E.Approve Agreement With SEH For Review Of Propsed Telecommunications Upgrade
Jill Hutmacher, Community Development Director
Documents:MEMO.PDF,
5.F.South Water Tower Rehabilitation Payment 2 And Change Order 1
John Anderson, Assistant City Engineer
Documents:MEMO.PDF,ATTACHMENT A.PDF, ATTACHMENT B.PDF
5.G.2013 Seal Coat Improvement Final Payment
John Anderson, Assistant City Engineer
Documents:MEMO.PDF,ATTACHMENT A.PDF
2013 Sanitary Sewer Lining Improvement Payment 2
John Anderson, Assistant City Engineer
Documents:MEMO.PDF,ATTACHMENT A.PDF
North Snelling Avenue Mill And Overlay Final Payment
John Anderson, Assistant City Engineer
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
NEW BUSINESS
8.A.Planning Case 13013 Bethel University 2 Pine Tree Drive CUP
Ryan Streff, City Planner
Documents:MEMO.PDF,ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF,
ATTACHMENT F.PDF, ATTACHMENT G.PDF, ATTACHMENT H.PDF,
ATTACHMENT I.PDF, ATTACHMENT J.PDF, ATTACHMENT K.PDF,
ATTACHMENT L.PDF, ATTACHMENT M.PDF, ATTACHMENT N.PDF,
ATTACHMENT O.PDF
8.B.Planning Case 13004 Zoning Code Amendment Parks And Open Space District
And Conservation District
Matthew Bachler, Community Development Intern
Documents:MEMO.PDF,ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF,
ATTACHMENT F.PDF, ATTACHMENT G.PDF
UNFINISHED BUSINESS
PUBLIC INQUIRIES/INFORMATIONAL
MEMORANDUM
DATE: October 28, 2013
TO: Honorable Mayor and City Councilmembers
FROM: Patrick Klaers, City Administrator
SUBJECT: Sheriff Bostrom Update on Police Services
Background/Discussion
Sheriff Matt Bostrom is scheduled to be at this City Council meeting to review recent Ramsey
activities, discuss upcoming projects, listen to City
Council comments on local Police issues, and to answer questions from the Council. Sheriff
Bostrom meets at least annually with the City Councils in the County.
Arden Hills is one of the seven communities that contract with the County for police services.
The other members of the Contracted Communities group are: Vadnais Heights, Little Canada,
White Bear Township, Gem Lake, Shoreview, and North Oaks. All seven jurisdictions combined
are about 56 square miles and has a population of about 74,000. There has been no change in
membership of the Contracted Communities group since 1990. The Contracted Communities
group is highlighted in the attached map of Ramsey County.
Also attached for your information are a few pages from the RCSD webpage.
11
Page of
Attachment A
STAFF COMMENTS
MEMORANDUM
DATE:October 28, 2013
TO:Honorable Mayor and City Councilmembers
Patrick Klaers, City Administrator
FROM:Jill Hutmacher, Community Development Director
SUBJECT:TCAAP Update
Background
Ramsey County received notice that the Minnesota Pollution Control Agency (MPCA) and the
Environmental Protection Agency (EPA) have approved the Quality Assurance Project Plan
which means that below-grade remediation work can begin in the 30 acres that are subject to the
lease agreement with the federal government.
Kimley-Horn is working on analysis and pre-design work for the County Road H and Highway
96 intersections with I-35W related to the contract amendment requested by Ramsey County.
City and County staff and consultants have met to discuss design optionsand their advantages
and challenges related totraffic capacity, cost, MnDOT requirements, and development needs.
The consultants are refining the options based on staffinputprior to presentation to MnDOT for
further comment.
Gateway Planning, Kimley-Horn’s subconsultant for the regulations and policies, will be
meeting with staff and consultants this week to discuss the City’s existing policies and consider
which regulations or policies may need to be amended for TCAAP. Work on the regulations and
policies will accelerate as details of the Master Plan emerge in late 2013 and early 2014.
Staff is working with the St. Paul Chamber of Commerce to schedule a master planning event at
Land O’Lakes in early November. The event will be very similar, in terms of information
presented and the land use exercise, to the September 17, 2013, TCAAP open house. The
purpose of the event is to engage young professionals in the master planning process.
11
Page of
STAFF COMMENTS
MEMORANDUM
DATE: October 28, 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
CONSENTITEM
MEMORANDUM
DATE:October 28, 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
2013Payroll #22............................................................................$80,966.24
Total Payroll $80,966.24
Accounts Payable Claims Through 10/25/2013
Paid Claims (Check No 0 Sales & Use Tax Payment)......................$6.00
Paid Claims (Check No 42522-Check No 42537).............................$15,028.70
Paid Claims (Check No 42538-CheckNo 42576).............................$222,107.81
VOID (Check No 42577-Check No 42579)......................................$0
Paid Claims (Check No 42583-Check No 42583).............................$5,650.00
Paid Claims (Check No 42580-Check No 42582).............................$27,853.03
Total Claims$270,645.54
11
Page of
CITY OF ARDEN HILLS
PAYROLL # 22
CHECKS DATED:10/25/13
Biweekly:10/05/13-10/18/13
Payment Method
EMPLOYEE DEDUCTIONSAMT.
CITY BENEFIT
EFT
FIT7,411.51
EFT
SIT2,982.70
EFT
FICA Oasdi4,226.934,226.93
EFT
FICA Medicare988.55988.55
TOTAL TAXES15,609.695,215.48
A/P Check*
Health Premium1,426.590.00
A/P Check*
Dental Premium 0.00
A/P Check*
FSA Health Care Reimb.177.08
A/P Check*
FSA Dependent Care Reimb.208.33
TOTAL FLEXIBLE SPENDING1,812.000.00
HSA Health Saving 443.960.00
EFT
Health Care Savings Plan
0.00
EFT
Health Care Savings Plan-2%305.43
EFT
Health Care Savings Plan-4%207.56
TOTAL HEALTH SAVINGS956.950.00
EFT
PERA4,060.004,709.58
EFT
ICMA4,008.44334.37
A/P Check*
Central Pension Fund-Union614.40
EFT
MN State Retirement System312.26
TOTAL RETIREMENT8,995.105,043.95
A/P Check*
IUOE 49 Dues (Union)131.04
A/P Check*
LTD/STD Insurance1,207.76
*
PERALifeInsurance32.00.A/PCheck
PERALifeInsurance3200 A/PCheck
A/P Check*
Life/Addl/Dep Life123.5596.20
EFT
MN Child Support341.94
A/P Check*
Public Employee Long Term Care 40.60
A/P Check*
UNUM 132.05
A/P Check*
Avesis-Vision Care8.94
TOTAL VOLUNTARY2,017.8896.20
Total Employee Deductions29,391.62
PR Check # 17555-17559
Net Payroll2,338.73
EFT
Direct Deposit40,088.02
Gross Payroll Tie-Out70,610.61
STD/LTD Gross - Up0.00
Plus City Paid Benefit10,355.63
ICMA Benefit Held0.00
TOTAL PAYROLL COST80,966.24
FICA TIE-OUT
Gross Payroll70,610.61
Less Total FSA1,812.00
Plus Employer Match ICMA0.00
Plus ICMA Benefit Held0.00
Net P/R Subject to FICA68,798.61
FICA Oasdi @ 6.20%4,226.93
FICA Medicare @ 1.45%988.55
Note: Federal and State Payroll Tax obligations are satisfied by means
of utilizing the "Taxtel" Electronic Tax Deposit Service. Trans-
fers are typically made two business days after the payroll date.
ACCOUNTS PAYABLE Check Approval
* A/P Checks can be found on the report.
Checks may be paid this week or the following week.
Ashley Bertrand
From:eservices.mdor@state.mn.us
Sent:Friday, October 18, 2013 12:04 PM
To:
Ashley Bertrand
Subject:Your Recent Return and Payment Requests
This email is an automated notification and is unable to receive replies.
Sales and Use Tax - Return Submitted
Thank you, your request has been submitted. Please allow 3 business days for your return to appear online.
Please allow 3 business days from 18-Oct-2013 for your payment to appear online. You can change or cancel
this request until 5:00 p.m. Central time.
Confirmation Summary
Submitted Date and Time: 18-Oct-2013 12:04:05 PM
Legal Name: ARDEN HILLS CITY OF
Federal Employer ID: 41-6008992
User Who Submitted: Accounting Analyst
Type of Request
Return for 9/30/2013
Submitted:
Account Name: ARDEN HILLS CITY OF
Minnesota ID: 9047998
Return Summary
Return Confirmation
1-769-692-928
Number:
Account Type: Sales & Use Tax
Filing Period: 30-Sep-2013
Projected Amount/Credit
$6.00
Due:
Payment Summary
Payment Confirmation
0-427-515-648
Number:
Account Type: Sales & Use Tax
Filing Period: 30-Sep-2013
Payment Amount: $6.00
Payment Type: Return
Payment Date: 18-Oct-2013
Bank Name: US BANK NA
Bank Account Number: ********9377
1
Contact Us
If you need further assistance, contact our Sales and Use Tax Division at (Metro Area) 651-296-6181, (Greater
Minnesota) 800-657-3777, (TTY Users) Call 711 for Minnesota Relay, or (email) SalesUse.Tax@state.mn.us.
Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday.
How to View and Print this Request
You can see copies of your requests by going to the History Tab.
This message and any attachments are solely for the intended recipient and may contain nonpublic / private
data. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information
included in this message and any attachments is prohibited. If you have received this communication in error,
please notify us and immediately and permanently delete this message and any attachments. Thank you.
2
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MEMORANDUM
DATE:
October 28, 2013
TO:
Honorable Mayor and City Councilmembers
Patrick Klaers, City Administrator
FROM:
Ryan Streff,City Planner
SUBJECT:Planning Case#13-016
Applicant:
David Dudycha
Property Location:
1226 Ingerson Rd
Request:
Variance
Requested Action
Motion to Approve Planning Case #13-016fortwo (2) variancesto allow theproposed
construction project located at 1226 Ingerson Road, based on the findings of fact and the
submitted plansas amended by the conditions in the October 28, 2013, Report to the City
Council.
1)The first variance is being requestedto exceed the Floor Area Ratio (FAR) by 313 square
feet.
2)The second variance is being requested to allow flexibility in the setback regulations to
expand the existing deck, construct a front entrance overhang and add sunshades to the
south facing elevations of the home.
Background
1.Overview of Request
The applicants own the property located at 1226 Ingerson Road, which is zoned R-1Single
Family Residential.The property is general positioned north of Lake Josephine, south of
Ingerson Road, east of Snelling Avenue/Highway 51 and west of Lexington Avenue.The
existing structure is a two-story home on slab with no basement withits front access
positioned alongIngerson Road to the north. The topography on the site is fairly flat,
slopping approximately two (2) feet from north to south. Ingerson Court curves to the north,
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wrapping around the west side of the parcel, where it intersects withIngerson Road creating
atriangular shapedlot, which for zoning purposeshas three (3) front yards along the north,
south and east sides of the lot. On this property the Zoning Code requires a forty (40) foot
front yard setback on the north, south and east sides. The existing structure encroaches
approximately fourteen (14) feet along Ingerson Road and thirty-three (33) feet along
Ingerson Court.The remaining yard on the east side of the lot has a typical side yard setback
of ten (10) feet. The residential structure has been determined to benon-conforming as it
relates to the setback requirements within the R-1 SingleFamily Residential District.
The property owner is proposing to construct a 787 square foot third floor addition to the
existing home. The proposed addition would exceed the Floor AreaRatio (FAR) by 313
square feet. For this particular lot a maximum principle structuresize of 2,977 square feet is
permitted under the Zoning Code. The proposed projectwould expand the structure to 3,290
square feet.A variance is being requested to increase the FAR by 313 square feet.
A deck addition is being proposed on the southern side of the structure along Ingerson Court.
The deck addition would expand approximately three (3)feet along the eastern half of the
south façade andfour (4) tofour and one half (4.5) feet along the western half of the south
façade. Sunscreens are also being proposed along the entire southern façade that would
mirror the decks dimensions. The deck and sunscreenswould encroach further into the
existing setbackalong Ingerson Courtthan the existing structure. At its closestpoint the
deck would be approximately two (2) feet from the south property line.A variance is being
requestedto encroachan additional four and one half (4.5) feet into the existing setback.
The applicant is also proposing toconstruct an entrance roof/overhang on the north side of
the structure fronting Ingerson Road. The addition as proposed is approximately four (4) feet
in depth and eight (8) feet in length. This addition would not encroach any further into the
existing setback than the existing home. At its closest point the roof/overhang would be
approximately twenty-seven and one half(27.5)feetfrom the north property line.A variance
is being requested to expand approximately four (4) feet into the existing setback.
The applicant has submitted a narrativeof the proposed addition(Attachment B),a response
to the variance evaluation criteria(AttachmentB), a survey and asite plan of the property
along with building elevations(Attachment C).
VarianceEvaluation Criteria
On May 5, 2011, the Governor signed into law new variance legislation that changed the review
criteria citiesmust use when evaluating variance requests. The new law renames the municipal
variance standard from “undue hardship” to “practical difficulties,” but otherwise retains the
familiar three-factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. Also
included is a sentence new to city variance authority that was already in the county statutes:
“Variances shall only be permitted when they are in harmony with the general purposes and
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intent of the ordinance and when the terms of the variance are consistentwith the comprehensive
plan.”
Therefore, in evaluating variance requests under the new law, in order to find a practical
difficulty, cities should adopt findings addressing the following questions:
Is the variance in harmony withthe purposes and intent of the ordinance?
Is the variance consistent withthe comprehensive plan?
Does the proposal put property to use in a reasonable manner?
Are there unique circumstancesto the property not created by the landowner?
Will the variance, if granted, alter the essential characterof the locality?
As was the case before the new legislation took effect, economic considerations alone cannot
constitute a practical difficulty. Furthermore, the new law clarifies that conditions may be
imposed on granting of variances if those conditions are directly related to and bear a rough
proportionality to the impact created by the variance.
Discussion
The property is unique compared to most other properties because the forty (40)foot front yard
setback applies to thenorth, south and west property lines. This is due to the property’s location
along the curve of Ingerson Court as it intersects with Ingerson Road. With the current setback
requirements the lot would be considered unbuildable. If the lot were a traditional lot with a side
yard minimal variation from the zoning code would be needed. Because of this lot
configuration,options for expansion of this home are very limited.Due to the scope of the
project and size of the proposed additions to the existing home,the character of the
neighborhood isnot expected to be negativity affected.
Findings of Fact
The Planning Commission reviewed this application at their October 9, 2013, meeting and have
offered the following findings of fact for your consideration:
General Findings
1.The lot size of 9,923square feet is considered non-conforming in the R-1Single Family
Residential District.
2.The existing structureencroachesapproximately fourteen (14) feet along Ingerson Road,
and thirty-three (33)feet along Ingerson Court. As built the existing structure meets all
other R-1setback requirements.
3.The proposed entrance roof addition to the north would not encroach any further into the
front yard setbackalong Ingerson Road than the existing structure.The proposed
addition would be inlinewith the existing home.
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4.The proposed deck addition to the south would encroach approximately four and one half
(4.5) feet further into the front yard setback along Ingerson Court.
5.The proposed sunscreens on the south façade wouldencroach approximately three (3)
feet into the front yard setback along Ingerson Court.
6.The existing and proposed lot coverage meets the requirements of the R-1Single Family
Residential District.
7.The proposed FAR exceeds the Zoning Code requirement by 313 square feet.
8.The dwelling with the proposed addition would not exceed the 35 foot height limit.
9.Dwellings and garages are permitted structures within the R-1Single Family Residential
Zoning District.
10.The existing dwellingand proposed additions are outside of the 100-year flood plain,
wetlands, and easements.
Variance Findings:
1.The proposal is in harmony withthe purpose and intent of the ordinance because the
ordinance generallyallows flexibility for unique parcelswhen impacts to surrounding
properties are minimized.
2.The proposal is consistent withthe comprehensive plan because it allows the reasonable
use of residential property.
3.The homeadditionsaregenerallypermitted and reasonable uses within the R-1Single
Family Residential Zoning District.
4.The lot is comparably unique in the City.The property is situated on the curve where
Ingerson Road intersects with Ingerson Court,thereforecreating three(3)front yard
setback requirements to the north, south, and west sides of the lot.
5.Since the proposed addition would not encroach much furtherinto the front yard setbacks
than the existing structure, the additions areunlikely to have a negative impact on the
property or the neighborhood. The minor encroachmentswould have aminimalvisual
impactfrom Ingerson Road or Ingerson Court.
6.The additionsmaybe visible from neighboringproperties; however,the property is in a
relativity wooded area which should minimize the impacts on surrounding property
owners.
7.The proposed plans and requested variancesfor the dwelling do not appear to be based on
economic considerations alone.
Notice
Although a variance does not require a public hearing, a public meeting notice was prepared by
the City and mailed to properties within three-hundred fifty (350) feet of the subject property.
Resident Comments
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A letter was received from an Arden Hills resident in support of Planning Case #13-013. Please
Attachment E
see for comments.
Recommendation
This variance request supportsa recommendation for approval. However, if the City Council
chooses to make a recommendation for denial, the Findings of Fact would need to be amended to
reflect the reasons for the denial.
The Planning Commission reviewed Planning Case #13-016 and recommended approval (5-1) of
the variance request for the property located at 1226 Ingerson Road, based on the findings of fact
and the submitted plans as presented in the October 28, 2013, Report to the City Council, as
amended by the following four (4) conditions:
1.That the project shall be completed in accordance with the plans submittedand dated
September 6, 2013,as amended by the conditions of approval. Any significant
changes to these plans, as determined by the City Planner, shall require review and
approval by the Planning Commissionand City Council.
2.That the structure shall conform to all other regulations in the City Code.
3.That the addition shall be the same color and use the same type or similar
construction materials as the existing structure.
4.That a drainage plan shall be submitted and approved by the City if the current grade
of the lot is altered. An erosion control permit shall be obtained if the City Engineer
determines it is necessary for the project.
Requested Action
Motion to Approve Planning Case #13-016 fortwo (2) variances to allow theproposed
construction project located at 1226 Ingerson Road, based on the findings of fact and the
submitted plans as amended by the conditions in the October 28, 2013, Report to the City
Council.
1)The first variance is being requested to exceed the Floor Area Ratio (FAR) by 313 square
feet.
2)The second variance is being requested to allow flexibility in the setback regulations to
expand the existing deck, construct a front entrance overhang and add sunshades to the
south facing elevations of the home.
Options
1.Approve the proposal as submitted.
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2.Approve the proposal with conditions (Recommended Action).
3.Deny the application with reasons for denial.
4.Table for additional information.
The findings in this report currently support approval of this variance. With a motion to deny the
variance, the findings must be amendedto reflect the reasons for the denial.
Deadline for Agency Actions
The City of Arden Hills received the completed application for this request on September 6,
2013. Pursuant to Minnesota State Statute, the City must act on this request by November 4,
2013 (60 days), unless the City provides the petitioner with written reasons for an additional 60-
day review period. The City may extend the review period beyond the 120 days, with the
applicant’s permission.
Attachments
A.Application
B.Narrative& Variance Evaluation
C.Site Plan and Building Elevations
D.Aerial Map
E.Resident Comments
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Attachment A
Arden Hills, Minnesota 55112
1226 Ingerson Road
www.chowastudio.com
St. Paul, Minnesota 55114
2500 University Ave. W. Suite F2
Chowa Studio Architects, Inc.
DUDYCHA-VAWTER RESIDENCE
Arden Hills, Minnesota 55112
1226 Ingerson Road
www.chowastudio.com
St. Paul, Minnesota 55114
2500 University Ave. W. Suite F2
Chowa Studio Architects, Inc.
DUDYCHA-VAWTER RESIDENCE
Attachment D
Lake Josephine
The zoning district designations represented on this map
correspond to the City of Arden Hills official Zoning Map.
¯
Questions concerning the Zoning Map should be directed
to City Hall. Zoning designations are subject to change.
Property Boundary
Please refer to the Zoning Code for complete information.
Map Date: October 4, 2013
P:\GIS_Data\Planning\Planning Cases\2013\PC 13-012
CONSENT ITEM
MEMORANDUM
DATE:
October 28, 2013
TO:
Honorable Mayor and City CouncilMembers
Patrick Klaers, City Administrator
FROM:
Sue Iverson, Director of Finance and Administrative Services
SUBJECT:
Adopt Revisions to the Benefits and PTO Sections of the Personnel
Policy
Background
During the 2011 goals session the City Council set as one of its goals to review and revise the
ity staff is currently reviewing the policy and are making a number of
revisions. Since the annual enrollment period for benefits is November 1-30, staff is
recommending the following changes to be made before the final
edits of the entire policy, as these items have already been included into the union contract which
was negotiated earlier this year. This saves the City and employees money as these dollars
-
benefits for the City when someone separates or retires.
Staff will be bringing further changes to the policy as a whole to a future work session, but
would like to adopt these as they pertain to benefits and have already been incorporated into the
union contract.
City staff is recommending that the following language be inserted:
Post Employment Health Care Savings Plan.
This can be found on pages 22-23 of the
attached document it is identical to the language approved for the union contract and the
highlighted yellow section will be completed once staff has an opportunity to discuss any
voluntary contributions. Voluntary contributions need to be made by all or some class of
employees and once this is decided it is mandatory, if there is an interest in these contributions,
staff will insert the appropriate language and get it approved by the Minnesota State Retirement
System.
Personal Time Off
. This section (pages 26-27) is being amended to add the language for the
urred in
language that is found in the union contract which we have been following with the exception of
the Post-Employment Health Care Savings Plan that the union approved this spring.
Recommendation
Staff is requesting a motion to adopt changes to the Arden Hills Personnel Policy as presented.
P:\Admin\Council\Agendas & Packet Information\2013\10-28-13-R\Sue\HCSP\MEMO-HCSP.doc
Attachment A
CITY OF ARDEN HILLS
PERSONNEL POLICY
Amended by the Arden Hills City Council:
October 28, 2013
City of Arden Hills Personnel Policy Table of Contents
City of Arden Hills
Personnel Policy
TABLE OF CONTENTS
Background Checks ......................................................................................... 8
Benefits .......................................................................................................... 21
Building Security ........................................................................................... 19
City Property .................................................................................................. 19
City Vehicles and Equipment ........................................................................ 19
Compensation ................................................................................................ 21
Definitions ................................................................................................... 2-4
Disciplinary Action ........................................................................................ 48
Drug-Free Work Policy ........................................................................... 16-18
Educational Reimbursement Policy ........................................................ 36-37
Employee Assistance Program ...................................................................... 51
Employee Records ........................................................................................... 7
Employees Responsibilities ........................................................................... 13
Employment Guidelines .......................................................................... 11-12
Equal Employment Opportunity ...................................................................... 6
Exempt Employee Flex Time Guidelines ...................................................... 25
Family and Medical Leave Act .............................................................. 30-32
Funeral Leave ................................................................................................ 29
Grievance Procedure ...................................................................................... 49
Holidays ......................................................................................................... 23
Hours of Work ......................................................................................... 24-25
Jury Duty........................................................................................................ 29
Layoffs ........................................................................................................... 34
Military Leave ............................................................................................... 28
Non-Discrimination, Harassment and Inappropriate Behavior ............... 41-47
Outside Employment ..................................................................................... 20
Personal Time Off .................................................................................... 26-27
Personnel Records and Forms ......................................................................... 8
Political Activity ............................................................................................ 20
Post Employment Health Care Savings Plan ........................................... 22-23
1
City of Arden Hills Personnel Policy Table of Contents
Probationary Period ....................................................................................... 10
Professional Development Policy .................................................................. 38
Public Employees Retirement Association ................................................... 14
Purpose and Application .................................................................................. 5
Recruitment and Selection ............................................................................... 9
Reporting Accidents ...................................................................................... 39
Residency Requirements ................................................................................. 7
Resignations ................................................................................................... 34
Right to Know ................................................................................................ 15
Safety Policy .................................................................................................. 40
Severability .................................................................................................... 50
Smoking ......................................................................................................... 20
Statement of Policy .......................................................................................... 1
Technology Policy ................................................................................... 52-59
Time Off to Vote ........................................................................................... 29
Travel ............................................................................................................. 35
Unpaid Leave of Absence .............................................................................. 33
Workers Compensation Reporting ................................................................ 39
2
City of Arden Hills Personnel Policy Effective August 26, 2003
STATEMENT OF POLICY
Any term and condition of employment shall remain solely within
to modify, establish, or eliminate. The City of Arden Hills retains the full and unrestricted
right to operate and manage all personnel, facilities, and equipment; to establish functions and
programs; to set and amend budgets; to determine the utilization
and modify the organizational structure; to select, direct, and
personnel; to establish work schedules, and to perform any inherent managerial function not
specifically limited by current collective bargaining agreements, and City
Council resolutions.
1
City of Arden Hills Personnel Policy Effective August 26, 2003
DEFINITIONS
Anniversary Date Shall mean the month and day of initial hiring or
promotion of an employee.
Benefits Benefits shall mean indirect compensation granted
to employees.
Benefit Year March 1 February 28.
Certified Bargaining Unit Group of employees who have been determined by
the State to have a common interest in the
collective bargaining process and whose interest has
been determined as appropriate by the State.
Class A position or group of positions similar in respect
to their duties and responsibilities so that the same
title can reasonably be used and the same salary
schedule may be applied to the position.
Compensatory Time Time off from work for employees not exempt
from the provisions of the Fair Labor Standards
Act. Compensatory time shall be computed at one
and one-half times the number of overtime hours
worked.
Demotion The placement of an employee in a position having
a lower pay and/or less responsibility than the
position previously held. This could involve a
reduction in salary due to incompetency,
inefficiency, or misconduct.
Exempt Employee An employee who is exempt from the overtime
provisions of the Fair Labor Standards Act.
Flex-Time Time off from work for exempt employees.
May only be used in increments of 9-hours or less,
no consecutive days, maximum accrual of 80 hours.
Grievance A dispute or disagreement regarding the
interpretation or application of the specific terms
and conditions of a labor agreement or City policy.
2
City of Arden Hills Personnel Policy Effective August 26, 2003
Immediate Family The spouse, children, siblings, parents,
grandparents, aunts, uncles, nephews, nieces, in-
laws or grandchildren of an employee.
Lay-Off The temporary dismissal from employment of an
employee for an unspecified length of time. During
a period of lay-off, employees do not accrue
benefits and are not credited with service.
Municipal Service Employed by the City.
Non-Exempt Employee An employee who is not exempt from the overtime
provisions of the Fair Labor Standards Act.
Overtime Duties performed at the express authorization of
the Employer in excess of the 40 hours per work
week.
Personal Time Off Personal Time Off (PTO) is authorized paid
absence from duty.
Position Employment calling for the performance of
specified tasks which constitute the total work
assignment of a single employee.
Probationary Employee One who has been assigned to a regular full-time or
regular part-time position but who has not
completed the probationary period.
Probationary Period A designated period of time after the original
appointment of any regular full-time or regular
part-time employee. This period is a trial period
considered as an integral part of the examination
process during which an employee is required to
demonstrate fitness for the position and ability to
meet required performance standards of a position.
Promotion The placement of an employee in a position having
a higher pay range and/or more responsibility than
the position previously held.
Regular Full-time Employee Regular full-time employee means a regular employee
who has successfully completed the required
3
City of Arden Hills Personnel Policy Effective August 26, 2003
probationary period and is scheduled for that number
of hours which make up the regularly scheduled
weekly or monthly period of service in the class.
Regular Part-time Employee Regular part-time employee means a regular
employee who has successfully completed the
designated probationary period and is employed on
a schedule of 20 or less hours per week.
Service Credit The specified period of time required for an
employee to be eligible for benefits.
Temporary Employee Temporary employee shall mean any person who is
engaged in part-time, seasonal, or casual
employment. Temporary employees shall not accrue
benefits or Personal Time Off.
Termination The separation of an employee from the municipal
service as a result of discharge, resignation,
retirement, or death.
Transfer The position within the same class as the position
previously held. A transfer does not result in a
change in pay range.
4
City of Arden Hills Personnel Policy Effective August 26, 2003
PURPOSE AND APPLICATION
The purpose of this policy is to establish a uniform and equitable system of municipal
personnel administration for employees of the City.
The provisions of this policy shall apply to employees of the City except the following:
All elected officials.
Temporary employees and part-time employees, other than regular part-time
employees.
Consultants and other rendering professional services on a fee basis.
Volunteer personnel and personnel appointed to serve without pay, including
members of boards, commissions and committees.
Emergency appointees serving with or without pay.
Seasonal employees.
Specialized instructors.
Referees and coaches.
Election judges.
5
City of Arden Hills Personnel Policy Effective August 26, 2003
EQUAL EMPLOYMENT OPPORTUNITY
It is the policy and intent of the City of Arden Hills to provide equality of opportunity in
employment to all persons. The policy prohibits discrimination because of race, color, creed,
religion, national origin, sex, sexual orientation, disability, age, marital
regard to public assistance or any other characteristic protecte.
The EEO policy applies to all phases of full, part-time, probationary, temporary and seasonal
employment, unless otherwise stated, but not limited to, recruit
other forms of compensation and selection for training. This policy also applies to the use of
all facilities and participation in all City-sponsored employee activities.
Employees shall share equally with the City the responsibility f
this policy.
6
City of Arden Hills Personnel Policy Effective August 26, 2003
RESIDENCY REQUIREMENTS
Employees of the City are not required to establish and maintain
corporate limits of the City.
EMPLOYEE RECORDS
Employee records are maintained in the Deputy Clerk/Human Resources Director Office.
Laws regarding data privacy, as adopted in the Data Practices Policy found in the Addendum,
are strictly followed.
It is important that your permanent personnel records are kept accurate and up-to-date. You
must immediately notify the Deputy Clerk/Human Resources Director when there is a
change in any of the following:
-Name (through marriage or otherwise)
-Address
-Marital status
-Beneficiaries for life insurance and retirement
-Telephone number
-Person to contact in case of an emergency
This data is private and is not revealed without your permission.
7
City of Arden Hills Personnel Policy Effective August 26, 2003
PERSONNEL RECORDS AND FORMS
In order that proper reports may be made and records maintained concerning the various
personnel activities, the City Administrator shall develop, or c
installed, appropriate forms and records for this purpose. The D/Human
Resources Director shall have responsibility for maintaining and coordinating all necessary
personnel records. The City Administrator or his/her designee sh
all personnel transactions, records systems and procedures.
Any employee or the employees designated representative, when authorized in writing by the
Clerk/Human Resources Director office upon request to the City Administrator. Such review
may be made during regular office hours consistent with the conditions established by the
City Administrator.
BACKGROUND CHECKS
A final applicant for a City position will be subject to a crimi
the investigation is undertaken, the finalist must authorize, into undertake
such an investigation on a form approved by the City Attorney, and provided by the Deputy
Clerk/Human Resources Director.
8
City of Arden Hills Personnel Policy Effective August 26, 2003
RECRUITMENT AND SELECTION
All appointments in the municipal service shall be made accordin-relevant
qualifications, merits and fitness as determined by the City Council or Cit
Appointments to municipal service shall be made by the Appointing Authority.
The basic recruitment and selection policies of the City are to
necessary to seek out and to encourage properly qualified individuals to a
all levels of City service and to provide assurance that the bestaken
into municipal service. No person shall in any way be favored ornated against
because of race, color, creed, age, marital status, sex, politic
sexual orientation, or welfare assistance status.
In making a selection from among candidates to fill vacancies, t oral
or performance tests, an evaluation of training and experience,
Investigations of background, character, education, experience ol fitness may also be
required.
Any applicant or employee giving false or misleading information on an application form,
cheating on an examination, or falsifying a statement, certifica
considered for employment or shall be subject to immediate dismi
commit fraud which would preclude the City from impartially executing these provisions
shall be cause for the City to refuse to appoint an applicant or
No person seeking employment or promotion shall, either directly
influence the City Administrator or City Council in any way with money, services, or
remuneration.
The City does not restrict employment of more than one member of
related by blood or marriage. However, to avoid conflict of interest, no City employee may
take part in decisions to hire, retain, promote or determine the
family member. In addition, no City employee is to be assigned responsibility f
and directing the work of a regular full time or regular part time employee who is his/her
immediate family member.
Appointment to a position of municipal service shall not be construed to be a property right
of the employee. All employees are appointed by and serve at thediscretion of the City
Council.
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City of Arden Hills Personnel Policy Effective August 26, 2003
PROBATIONARY PERIOD
The City of Arden Hills regards the probationary period as an in
examination process. During this period new employees are closel
whether or not they meet acceptable standards of performance.
The first six (6) months of employment shall be designated as the probationary period.
During this period employees are encouraged to discuss their pro
and become fully acquainted with job responsibilities. If the employee's work meets
established standards, they will become a regular employee at th
period. New employees judged incapable of learning and properly
this period may be terminated without stating a reason or cause,dance with law or
the applicable provisions of labor agreements.
Review. Near three (3) months prior to completion of the probationary period, the City
Administrator and/or Supervisor shall meet with the employee and informally discuss goals
and performance. Three weeks before six (6) months of employment, the City Administrator
and/or Supervisor shall meet with the employee to review the performance of a probationary
employee. If the employee is not to be continued beyond the end d,
the employee shall be so notified before the end of such period.
Credit for Benefits during Probationary Period. During the probationary period an
employee will receive paid holidays. After six (6) months of continuous service, a newly hired
probationary employee will be entitled to use Personal Time Off accrued from the date of
employment. This provision does not apply to employees serving a probationary period
following promotion.
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City of Arden Hills Personnel Policy Effective August 26, 2003
EMPLOYMENT GUIDELINES
Job Posting
The City of Arden Hills will post all job openings internally, and may also be publicized in a
local newspaper or through other news media deemed necessary, in
qualified persons to apply. Qualified applicants will be intervi
appropriate Supervisor, the respective Council Committee, and appointed by the
Council.
Such notice shall include the job titles, duties, and the date t
filled.
Transfers
The City Council in their discretion may transfer employees from one department to another
or transfer work between departments of the City or to independe
transferred at the City's option will not be required to work at
which they were earning prior to the time of transfer. Nothing herein prevents an employee
from accepting a transfer to a position with a lower rate of pay
Staff Guidelines
Since all employees share the responsibility for keeping their d
orderly, safe and efficient manner, they are entitled to know the types of conduct, which will
to:
BE ON TIME Supervisors depend on each employee for help in maintaining impo
work schedules. Being at the job location and ready to begin work at the specifi
get things off to the right start.
BE REGULAR
creates problems for supervisors and fellow workers. An employee is required to furnish
satisfactory evidence that their absence is justified if their s
GIVE ADVANCE NOTICE WHEN USING UNSCHEDULED PERSONAL TIME
OFF An employee must notify their supervisor as early as possible ifd
Personal Time Off. Except in unusual cases, he/she should talk d
to be sure that their supervisor receives the message.
HELP KEEP THE WORK AREA AND EQUIPMENT IN GOOD ORDER It is
necessary to maintain sanitary and healthful conditions throughout the buildings and offices.
Good housekeeping promotes good workmanship and safety. Equipmen
order, the floor free of litter and the general rules of houseke
personal appearance.
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City of Arden Hills Personnel Policy Effective August 26, 2003
PERFORM THE JOB PROPERLY Supervisors are responsible for directing the work.
They will answer any questions or clarify any assigned duties, which an em
understand. Every employee should take pride in their work and p
and according to instructions. All necessary information should be pas
operators in order that they may continue the operation without
BE AN EXAMPLE The conduct of each individual shall be beyond criticism as a pu
employee. Good conduct not only allows the employee to protect h
censure, but also helps to make the whole organization to be one
BE POLITE No employee should let the weight of their job affect their persty. A
cheerful, polite attitude not only makes work easier, but also m
workers to work with the employee.
DRESS CODE Because all City staff interact with the public on a regular bas
important for all employees to represent the City by dressing in a professional manner. Each
The following is a partial list of items which are not considere
dress:
Shorts, jeans, shirts displaying advertisements, sweatshirts, tank tops,
If employees question whether an item is considered acceptable,
supervisor.
The City recognizes special job assignments or special duties of a part
an employee to wear non-business casual clothing. Approval must be received from your
supervisor for non-business casual clothing.
The City has adopted a casual Friday policy which allows an employee to wear jeans.
Employees are encouraged to wear their Arden Hills polo shirts o
In the event an employee arrives at work inappropriately dressed
home to change into appropriate clothing, and will be expected to make up their lost time
during their work day.
PERSONAL PHONE CALLS Local personal phone calls should be made only when
necessary and preferably during employee rest or lunch breaks.
KNOW THESE REGULATIONS. Employees are expected and required to know and
observe rules and regulations contained in this manual as a cond
continued employment.
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City of Arden Hills Personnel Policy Effective August 26, 2003
EMPLOYEE'S RESPONSIBILITIES
General Policy
For the effective administration and implementation of City poliy, and to serve the citizens,
each individual employee must cooperate to the fullest with all
public. City employees have a high degree of visibility to the g
must exercise particular care and caution to ensure that all work undertaken is accomplished
expediently and with efficiency. To achieve this goal, employees
rules and procedures and follow the instructions of their superv
Employees Are Required To:
1. Render prompt and courteous service to the public at all times conducting
themselves with decorum, patience, and every possible courtesy.
2. Perform their assigned duties to the best of their ability at al
continually strive to improve their performance.
3. Read, understand and comply with the rules and regulations as se
Personnel Policy as well as those of their department.
4. Report all unsafe conditions to their immediate supervisor.
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City of Arden Hills Personnel Policy Effective August 26, 2003
The City of Arden Hills is a member of the Public Employee's Ret
(PERA). It is important for retiring employees to contact the PE
annuity plan at least four months prior to retirement.
Public Employees Retirement Association (PERA)
60 Empire Drive Suite 200
Saint Paul, Minnesota 55103-1855
(651) 296-7460, (800) 652-9026
Any person terminating employment with the City is entitled to a
deducted from the employee's paycheck. This amount may also be left in the retirement fund,
if vested. All terminating employees should check with PERA conc
refund of PERA contributions.
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City of Arden Hills Personnel Policy Effective August 26, 2003
RIGHT TO KNOW
Any employee routinely exposed to hazardous substances or harmfu
defined in the Minnesota Employee Right to Know Act of 1983 (Laws
Stat. 182.65-182.675) shall be trained before being assigned or reassigned wo
employee to such substances or agents and shall be given traininereafter.
Training shall include an explanation of how and where informati
in the workplace, how the hazards are labeled, and where to obta
City Administrator shall provide for such training and for compliance with the "Minnesota
Employee Right to Know Act of 1983", including the establishment
insure compliance with the State law and regulations. An employe
the right to refuse to work under conditions which the employee reasonably believes present
an imminent danger of death or serious physical harm to the empl
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City of Arden Hills Personnel Policy Effective August 26, 2003
DRUG-FREE WORK POLICY
In accordance with federal law, the City of Arden Hills has adop
drugs in the workplace:
Employees are expected and required to report to work on time an
and physical condition for work. It is our intent and obligation-free, safe,
and secure work environment.
The unlawful production, distribution, possession, or use of alcohol, illegal drugs or
controlled substances on City property, or while conducting City
prohibited. Violations of this policy will result in disciplinar
termination of employment, and may have other legal consequences.
The City recognizes drug dependency as an illness and a major he
recognizes drug abuse as a potential health, safety, and securit
help in dealing with such problems are encouraged to seek and successfully complete
treatment. Employees are encouraged to take advantage of the Emp
benefit.
Employees must, as a condition of employment, abide by the terms
must report any conviction under a criminal drug statute for violations occurrin
work premises while conducting City business. A report of the co
within five (5) days after the conviction as required by the Dru-Free Workplace Act of 1988.
The use, possession, distribution, production or sale of alcohol
work on City time, on City property, or in City vehicles is proh
violation of City policy which can result in suspension or dischrge. Drug and alcohol testing
of both blood and urine may be conducted under the circumstances
will use Minnesota Rule 4740.1075 through 4740.1090 for minimum
drug detection limits, to wit:
1. Applicants. All acceptable candidates who have been offered employment or
full- or part-time positions in areas where physicals are required will be req
to undergo a drug test as part of the placement procedure. This
used to detect alcohol, illegal drugs, or their metabolites. We will notify any
applicant of test results and, subject to the provisions of numb
withdraw an employment offer for anyone who tests positive.
2. Employees may be required to undergo drug and alcohol testing if there is
reasonable cause or suspicion to believe that the employee:
a. Is under the influence of drugs or alcohol; or,
16
City of Arden Hills Personnel Policy Effective August 26, 2003
b. Has violated written rules prohibiting the use, possession, sale
of drugs or alcohol while working, while on City premises, or while
operating City vehicles, machinery or equipment; or,
c. Has sustained a personal injury requiring medical care, or has c
another employee to sustain an injury requiring medical care; or
d. Has caused a work-related accident or was operating or helping to operate
equipment, machinery or a vehicle involved in a work-related accident.
Employees will be driven to the clinic by their supervisor or th
Administrator. A urine or blood sample will be taken and the sam
be forwarded to a certified laboratory for testing.
3. An employee must notify his or her supervisor within five (5) da
or conviction under a criminal drug statute. If an employee has
under any drug statute, he or she will be requested to pursue the requirements
in number 4 below.
4. Any employee may be required to undergo drug or alcohol testing
employee has been referred by the City for chemical dependency t
evaluation or is participating in a chemical dependency treatment program
under an employee benefit plan and has been found to be chemical
dependent. The employee may be required to undergo testing, with
notice, during the period of evaluation or treatment and for up
following completion of any chemical dependency treatment program.
5. Applicants and employees may refuse to submit to drug or alcohol
however, a refusal to submit to required testing will be grounds
suspension without pay with intent to terminate. Offers of employment will be
withdrawn from applicants and employees who refuse testing.
6. Before testing is conducted, employees or applicants must state
form if they have seen the City policy and note any over-the-counter and
prescription medications they are taking or have recently taken plus any ot
relevant information. This form will be given to the hospital at
testing.
7. The City Administrator will receive the results of the drug and
The City will report results of testing in writing to the employee or applicant
within three (3) working days of receipt. If the test result is
will inform the employee or applicant in writing of his or her r
17
City of Arden Hills Personnel Policy Effective August 26, 2003
a. Provide any information to the City within three (3) working days upon
receiving results of the tests that could explain the positive t
b. Receive a copy of the test result report.
c. Retest the original sample at their own expense provided they in
City Administrator within five (5) working days after receiving notice of
the positive test result.
8. A positive test result, which has been confirmed indicating the
illegal drugs, alcohol, or non-prescription drugs, may result in termination,
subject to the following:
a. An employee who tests positive for the first time will be given
opportunity to participate in, at the employee's own expense, or
to coverage under the employee's benefit plan, a counseling or
rehabilitation program.
b. The employee may be discharged for any of the following reasons:
1) The employee tested positive on a previous occasion in a work-
related incident.
2) The employee refuses to participate in a chemical dependency or
rehabilitation program.
3) The employee fails to successfully complete chemical dependency
counseling or a rehabilitation program.
9. If an employee is called out for a City emergency and is suspect
under the influence of drugs or alcohol, he or she will not be s
testing procedures of this policy. However, he or she will not be allowed to
work, and will be sent home.
10. Results of tests and other information acquired in the drug and -testing
process will be treated as private data on individuals as define
Subd. 12. The employee tested and the City Administrator will be t
results of the testing. If a positive result is confirmed, the C
employee's supervisor will be notified. Results will be disclose
outside of the City unless required by law or unless the employee requests
release of information in writing.
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City of Arden Hills Personnel Policy Effective August 26, 2003
CITY PROPERTY
The City will furnish all applicable tools, equipment, vehicles
production necessary for an employee to perform their job. Such items are the responsibility
of the employee to maintain. City vehicles shall not be used for
job site or location for the purpose of taking a rest period or
by the supervisor. No City equipment of any kind is to be used or operated by anyone other
than a City employee. The willful damage, destruction, or the un-
owned property shall be grounds for immediate dismissal.
CITY VEHICLES AND EQUIPMENT
City vehicles and equipment shall be used only in conjunction with performance of Ci
operations and duties. Persons operating City vehicles shall not-
authorized passengers. Employees are prohibited from using City
equipment for personal purposes without prior approval from the City Administrat
BUILDING SECURITY
Security of City offices and buildings is of such extreme import
be made to protect this property from unauthorized use or theft.
City employees are responsible to secure and safeguard City property un
When leaving the building at the end of the day, employees must
locked and the alarm system is activated.
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City of Arden Hills Personnel Policy Effective August 26, 2003
OUTSIDE EMPLOYMENT
Employees may not engage in any outside employment or business which could hinder or
impair their performance of their public duties, embarrass the C
incompatible with their City employment or conflict with their e
Outside work will be regarded as secondary to regular City employment and must not
-in duty. There will be no
No employee may accept pay or compensation from anyone for time worked while being
paid by the City.
Employees are prohibited from working for any contractor or comp
with the City during the period of construction work for the Cit
POLITICAL ACTIVITY
No employee shall, directly, or indirectly, during their hours of employm
funds, or at any time use their authority or official influence
apply for membership in or become a member of any organization, or promise to
pay any assessment, subscription, or contribution, or to take pa
employee of the City shall take an unpaid leave of absence upon
any public office if the City Administrator determines that the candidacy conflicts with the
employee's City employment. Such leave of absence shall terminat
date of election for which the employee was a candidate.
SMOKING (Adopted March 27, 2006)
City of Arden Hills has established a smoke-free policy for all City-owned buildings. This
policy includes park shelters and warming houses. City Hall sha
smoking area outside for City employees and visitors. The desig
City Hall will be the lower level patio area. Tobacco use is prohibited in City owned
licensed vehicles and equipment. The City shall not provide emp
tobacco products by vending machines or any other method.
Employees violating the above policy shall be guilty of a petty misdemeanor and subject to
disciplinary action.
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City of Arden Hills Personnel Policy Effective August 26, 2003
COMPENSATION
Setting of Salaries
Salaries for all City employees are set by City Council, based o
City Administrator.
Pay Date
It is the policy of the City of Arden Hills to compensate employees for service on a bi-weekly
basis. Pay period shall extend for a 14-day work period beginning on Saturday and ending on
Friday. Paychecks shall be issued no later than the following Fr
receive paychecks before the scheduled pay date without the prior consent of the Ci
Administrator. When a pay date falls on an official holiday, emp
checks on the last working day before the holiday.
Overtime/Compensatory Time
It is recognized that in order to maintain basic services under unusual circumstance
emergencies, and peak workloads, employees may be required to wo
Overtime/Compensatory Time will be paid for all supervisor appro
forty (40) hours per week at the rate of 1½ times the employee's regular hourly rate. When
computing hours worked - if an employee takes Personal Time Off during the week that
he/she works more than 8 hours a day, he/she is not eligible for
during that week.
The supervisor must pre-approve overtime unless an emergency arises.
BENEFITS
Insurance
All regular full time and regular part time employees shall be required to participate in the
rograms. The
Employer shall contribute a monthly sum established annually by
Detailed analysis of the current insurance program shall be incl annual benefit
summary.
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City of Arden Hills Personnel Policy Effective August 26, 2003
POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (Adopted 10/28/13)
All regular full time and regular part time employees are eligibl
Minnesota Post Employment Health Savings Plan (HCSP) established under
Minnesota Statutes, section 352.98 (Minn. Supp. 2001) and as out
State Retirement
All funds collected by the City on behalf of the employee will b
employee
State Retirement System.
THIS SECTION IS LEFT OPEN SO WE CAN SURVEY THE EMPLOYEES TO
SEE IF THEY WANT TO MAKE VOLUNTARY CONTRIBUTIONS TO THIS
PLAN AS IT IS AN ALL OR NOTHING WITH CLASSES OF EMPLOYEES
Sample language from the union contract is:
All employees with 0 years to 14 years of service shall contribute 2% of pay.
All employees with 15 or more years of service shall contribute
WE WILL FILL IN HERE WHAT THE EMPLOYEES ELECTED TO DO AND
BRING FORWARD TO COUNCIL IN THE FINAL DRAFT.
The City has agreed to contribute payroll deductions to the Post Employment Health
Care Savings Plan (HCSP) with Minnesota State Retirement Systems
below:
A.All City employees who are eligible for the unused sick leave
severance payout (Bank), will contribute to the Post Employment
Health Care Savings Plan as described below:
All employees who have an eligible sick leave balance upon
separation shall have 100% of those funds converted into cash, a
the dollars shall be deposited into their Post-Employment Health
Care Savings Account (HCSP) oon their final check.
B.All City employees who are eligible for the unused Personal Time
Off (PTO) severance payout, outlined in the Personal Time Off se
of this policy, will contribute to the Post Employment Health Ca
Savings Plan as described below:
All employees who have an eligible vaction (PTO) leave balnce
upon leaving the City shall have 100% of those hours converted
into cash and deposited into their Post-Employment Health
Savings Account (HCSP) on their final check.
22
City of Arden Hills Personnel Policy Effective August 26, 2003
C.In the event of the employees death, any payments owed to this
employee by the City, may not be contributed into the Post-
Employment Health Care Savings Account (HCSP). Upon death of th
employee, all payments owed to this employee will be paid to the
employees beneficiaries.
23
City of Arden Hills Personnel Policy Effective August 26, 2003
HOURS OF WORK
Work Schedules
Because of the necessity of providing municipal services twenty-four hours per day, seven
days per week, employees are required to work a regular schedule
the City. A regular schedule of hours should not be construed as excluding shift rotations and
emergency work schedules based on public necessity as determined
Employee Definitions
Full-time employees are regular full--time employees hired to
work forty (40) hours per week and who have been designated by the City Council as full-
time employees, receiving the benefits of full-time status. Full-time employees are designated
by the City Council.
Part-time employees are hired to work less than forty (40) hours per d who have been
designated regular part-time by the City Council. Regular part-time employees who normally
work 20 hours a week on a regular basis will receive Personal Time Off, benefits and holiday
pay on a pro-rated basis
Work Assignments
The department managers and the City Administrator will arrange work assignmefor the
best operation of the department for all employees in all departments. All meal breaks are
unpaid.
Breaks
A fifteen (15) minute rest period/coffee break will be allowed dh half of a full-time
employee's shift. Departments are responsible for scheduling rest periods/coffee b
do not interfere with work requirements. A one-half (1/2) hour unpaid lunch break will be
provided during a shift, and will normally occur midway in a shift.
Employees will not work through a lunch break without prior approval from the City
Administrator or supervisor.
A maximum of one (1) hour unpaid lunch period may be provided in
workday with the approval of the employeExempt employees shall receive
lunch periods at times determined by the needs of their work.
Any employee who performs a regular eight (8) hour shift between
9:00 p.m. and 9:00 a.m., or any employee who works more than fiv5) consecutive hours of
overtime, shall be given a thirty (30) minute lunch break with p
24
City of Arden Hills Personnel Policy Effective August 26, 2003
Summer Hours
The City Council may annually approve summer hours of operation, which will typically
begin on Monday of the first full week in June each year and end Friday, the last full week in
August of each year.
HOLIDAYS
All full-time employees are eligible for the following holidays:
New Year's Day January 1st
Martin Luther King, Jr. Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veterans Day November 11th
Thanksgiving Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Eve December 24th
th
Christmas December 25
December 31st
Employees will receive full pay for eight (8) hours for each holi
employee is on compensated payroll status the last assigned work
and the first assigned work day following the holiday. Employees required to work on a
designated holiday shall be compensated two (2) times their base hourly pay rate for each
hour worked. Regular or part-time employees who work an average of 20 hours a week or
more will be eligible for pro-rated holiday pay. This pay will be based on their average daily
hours worked.
Whenever a holiday falls on a Sunday, the following Monday will
Whenever a holiday falls on a Saturday, the preceding Friday wiled the holiday.
25
City of Arden Hills Personnel Policy Effective August 26, 2003
PERSONAL TIME OFF (Adopted 10/28/13)
All employees hired before June 29, 2002, will convert their cur
hours to Personal Time Off (PTO). The conversion will be calcul
current accrued sick leave and current accrued vacation and substracting two
hundred forty hours (240) as PTO. The remainder of the sick lea
the
employee qualifies under Short-Term Disability, Long-Term Disability or when
accrued PTO is exhausted. Regular full-time employees who have completed ten (10)
or more years of continuous service with the City and who leave
receive 33-1/3% of unused, accumulated sick leave or
separation. Regular full-time employees who have completed twenty (20) or more
years of continuous service with the City and who leave in good
50% of unused, accumulated sick leave or aration. To
qualify for this benefit an employee must have an established si
resulting from the conversion of the PTO program. Any benefit p
into the employee-Employment Health Care Savings Plan.
Personal Time Off (PTO) is authorized absence from duty.
Regular full time employees and regular part time employees are eligible for Personal Time
Off (PTO). Employees may not use Personal Time Off until successful completion of their
probationary period, although Personal Time Off accumulates during this time. Personal
Time Off for regular part time employees shall be pro-rated.
The following chart provides information regarding Personal Time Off. Years of service are
calculated from the anniversary date of employment.
PERSONAL TIME OFF SCHEDULE
Completed Years
of Service Personal Time
0-5 7 hours bi-weekly
5-10 9 hours bi-weekly
after 10 10 hours bi-weekly
stth
Benefit year for Personal Time Off is March 1 through February 28. A maximum of 240
hours of Personal Time Off may be carried over from benefit year to benefit year. Carry-over
beyond 240 hours of Personal Time Off will only be made under special circumstances with
approval from the City Administrator.
All employees must receive permission from the department supervisor or City Administrator
at least ten (10) working days prior to taking Personal Time Off when Personal Time Off is
to extend for a period of more than three (3) consecutive days. If three (3) consecutive days
26
City of Arden Hills Personnel Policy Effective August 26, 2003
of unscheduled Personal Time Off are used, the supervisor shall make an inquiry into the
any necessary medical, hospital or other records that validate the u. If the
Personal Time Off is to be for eight (8) hours or less, permission will be granted without
notice if their supervisor feels that City service will not be adversely affected. Priority will be
given to Personal Time Off scheduling based on the earliest date of request. Personal Time
Off scheduling for departmental employees is the responsibility of t
No employee will be permitted to use Personal Time off for the p
pay.
Any employee leaving the service of the City in good standing will be compensated 100% for
Personal Time Off accrued, not to exceed 240 hours, to the day of separation provided said
employee has served at least twelve (12) consecutive months prio
the City at least two weeks notice prior to the effective date of such separation. Such pay for
accumulated Personal Time Off will be at the same rate as the hourly rate of the employee's
base salary. n
date. This -Retirement Health Care Savings
Plan.
Personal Time Off, the day
of the holiday will not be counted as a day of Personal Time Off.
One (1) day of Personal Time Off shall equal eight (8) hours for full time employees.
In the case of disability from a work related disease or injury
Compensation benefits are available, an employee may elect to usPersonal Time Off
benefits rather than Worker's Compensation benefits by notifying the City Admini
their election. Under no circumstances can an employee receive both Personal Time Off and
Worker's Compensation benefits for the same period of disability
elects to receive Worker's Compensation benefits he/she may also Personal Time Off to
the extent necessary to increase their income to their net wage
the disease.
EXEMPT EMPLOYEE FLEX-TIME GUIDELINES
Exempt employees may accrue flex-time on a 1:1 ratio for attending various meetings outside
of their normal work day. Exempt employees may use accrued flex-time as approved by their
supervisor, but no more than 9 consecutive hours of flex time may be used. Exempt
employees shall be compensated for no more than eighty (80) hours of accrued flex-time
upon termination.
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City of Arden Hills Personnel Policy Effective August 26, 2003
MILITARY LEAVE
Military leave will be granted to eligible employees in accordan
Section 192.26. An employee who is a member of the national guard, or any other
component of the militia of the state, or who is a member of the
enlisted reserve corps, the naval reserve, the marine corps rese
the military or naval forces of the United States, is entitled to leave of absence without
demotion or loss of pay, seniority status, efficiency rating, Personal Time Off, or other
benefits for the time which such employee is engaged in training
exceeding a total of fifteen (15) days in any calendar year.
The military leave of absence is allowed only if the employee re
immediately upon being relieved from military or naval service,
returning by physical or mental disability or other cause not the fault of the employee, or is
required by the proper authority to continue in military or nava-day
period allowed for the military leave of absence.
Notice of intent to take military leave must be given to the empyee's department manager at
least five working days after receipt of orders by the employee
prior to the date of leave. If orders are received at a time, which would make compliance wi
this provision impossible, the employee shall give notice as soon as possible.
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City of Arden Hills Personnel Policy Effective August 26, 2003
FUNERAL LEAVE
The City of Arden Hills provides time off to regular employees uan
employee's immediate family.
Up to three (3) days with pay, not charged to Personal Time Off death
of an immediate family member.
TIME OFF TO VOTE
Every employee who is entitled to vote at any State wide general
election shall be granted a reasonable amount of time off with p
JURY DUTY
A City of Arden Hills employee required to serve as a juror or under subpoena as a
court shall be granted leave of absence with pay while serving i
employee shall receive the amount of the difference between the
and jury duty pay or fees received for service. An employee shall as
pay received for mileage and expenses, to the City and the City
regular salary for the time served as a juror.
An employee cannot receive more than the employee's normal take-home pay as a result of
any City pay supplement to jury duty pay.
If the jury is dismissed prior to the end of the employee's work report
to work if practicable.
29
City of Arden Hills Personnel Policy Effective August 26, 2003
FAMILY AND MEDICAL LEAVE
In accordance with the federal Family and Medical Leave Act (FML
leave will be granted to all eligible employees (male and female for up to twelve (12) weeks
per twelve (12) month period for any of the following reasons:
1. Birth, adoption or foster care placement of a child;
2. To care for a spouse, child or parent who has a serious health c
or
3. For a serious health condition that makes the employee unable to the
functions of the position.
Eligibility
An eligible employee is one who has worked for the City for at least:
1. 12 months, and
2.1,250 hours during the twelve month period prior to requesting t
Length of Leave
The length of FMLA leave is not to exceed twelve (12) weeks in a(12) month
period. The entitlement to FMLA leave for the birth or placement of a ch
(12) months after the birth or placement of the child.
Leave Year
The leave year will commence the first day the employee is absent from work on FMLA.
Substitution of Paid Leave Time
An employee may request or the employer may require that an empl
Personal Time Off for all or part of a family/medical leave taken for any reason.
Notice
1. The employee is to give notice at least thirty (30) days prior to the date on
which leave is to begin or if thirty (30) days notice cannot be as much
notice as practicable.
30
City of Arden Hills Personnel Policy Effective August 26, 2003
2.If an employee fails to give thirty (30) days notice for a fores with
no reasonable explanation for the delay, the leave will be denied until thirty (30)
days after the employee provides notice.
3. Notification for request for family/medical leave must be submitted in writing.
Medical Certification
The employee must submit medical certification to support a request for leave because of a
serious health condition of a child, spouse, or parent of the "C
form can be obtained from the City Administrator. It is to be completed by the
attending physician or practitioner and submitted to the City Administrator within fifteen
(15) days after requested or as soon as is reasonably practicable. The City may require a
second or third opinion at the expense.
Intermittent Leave
Leave requested because of a serious health condition of either a family member or the
employee may be taken intermittently or on a reduced schedule ifemed to be
medically necessary.
The employer may require the employee to transfer temporarily to
with equivalent pay and benefits that better accommodates the intermitteneave than the
regular position.
All requests for intermittent leave will be evaluated on a case by case basis.
Return To Work
The employee will be required to submit a fitness for duty report prior to returning to work
if the leave was for the own serious health condition.
Job Protection
1. An employee returning from family/medical leave will be reinstat
former position or a position equivalent in pay, benefits and other terms and
conditions of employment.
2. The employee reinstatement rights are the same as they would hav
the employee not been on leave. Thus, if the employee position w
been eliminated or the employee would have been terminated but for the leave,
the employee would not have the right to be reinstated upon retu from leave.
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City of Arden Hills Personnel Policy Effective August 26, 2003
3. If the employee fails to return from a family/medical leave at t
twelve (12) week period, the employee will be reinstated to his/her same or
similar position, only if available, in accordance with applicable laws. If the
same or similar position is not available, the employee may be terminated.
Effect On Benefits
1. An employee granted a leave under this policy will continue to b
under the City's group health insurance plan under the same condi
the same level of City contribution as would have been provided
been continuously employed during the leave period. If there are
contribution levels while the employee is on leave, those changes will take
place as if the employee were still on the job.
2. The employee will be required to continue payment of the employe
benefits. The employee will be advised in writing at the beginning of the leave
period as to the amount and method of payment.
3. If an employee's contribution is more than thirty (30) days late, the City may
terminate the employee's insurance coverage (subject to COBRA requirements).
4. If the City pays the employee contribution(s) missed by the employee while on
leave, the employee will be required to reimburse the City for d
payments (on a payroll deduction schedule) no later than ninety (90) days after
return from leave. The employee will be required to sign a written statement at
the beginning of the leave period authorizing the payroll deduction for
delinquent payments.
5. If the employee fails to return from unpaid family/medical leave
other than (certification is required within thirty (30) days of failure to return
for either reason):
a. the continuation, recurrence or onset of a serious health condit
employee or a covered family member; or
b. circumstances beyond the control
the City may seek reimbursement from the employee for the portion of the
premiums paid by the City on behalf of that employee during the leave.
6.Seniority and other benefits do not accrue during the period of
family/medical leave; however, any benefits accrued prior to commencement of
such leave will not be lost.
32
City of Arden Hills Personnel Policy Effective August 26, 2003
UNPAID LEAVE OF ABSENCE
Upon consideration of a formal written request by an employee, l
may be granted at the discretion of the City Administrator basedation of the
following factors:
1. Municipal service needs;
2. The employee's performance record and length of service;
3. The reason(s) for the request;
4. Any other relevant information.
If granted, unpaid leave of absence may not exceed a period of ninety (90) continuous
calendar days.
An extension beyond that period may be granted at the discretion of
however, an unpaid leave of absence shall not exceed one (1) cal
employee is in the military service or has been disabled while pob duties in the
municipal service. Benefits shall not accrue during a period of
Employees shall not be credited with service accrual while on un
During the first calendar month or portion thereof during which an employee began an
unpaid leave of absence, the employee may continue to be covered
but will be responsible for paying one hundred (100%) percent of
exceptions to this policy will require the approval of the City Council.
Unpaid leave of absence shall require the advance written approv
based upon the recommendation of the employees Supervisor.
33
City of Arden Hills Personnel Policy Effective August 26, 2003
RESIGNATIONS (Revised on 1/28/07)
Employee resignations must be submitted in writing to the City Administrator. Any
employee wishing to resign from City service, in good standing,
Administrator and/or department head, at least fourteen (14) cal
a written resignation stat
a day worked, not a paid leave day. Failure to give proper notice may result in the forfeiture of
accumulated Personal Time Off and other benefits and may impact
the Employer. Unauthorized absence from work for a period of thr
be deemed a resignation without benefits.
LAYOFFS
The City Council may layoff employees whenever such action is ma
shortage of funds, the elimination of a position, a change in organization, or to provide
further efficiencies to the operation of the City. However, no f-time employee will be
subject to layoff, except for disciplinary reasons, while there -time, probationary,
seasonal, or temporary employees serving in the same class of position f
employee is qualified, eligible, and available.
34
City of Arden Hills Personnel Policy Effective August 26, 2003
TRAVEL
Reimbursement for travel on official City business shall be made
Personal Automobile
Employees shall use a personal vehicle for all City related travel, except when authorized or
instructed to use a City vehicle or other means of transportation. An employee will be
reimbursed at the authorized reimbursement rate, determined by tch
mile driven on City business while using a personal vehicle.
Mileage reimbursement for all city staff must be submitted on th
reimbursement form. In addition to using the proper form, you must complete it in th
following manner:
1.Date of travel must be listed.
2.Destination and purpose of travel must be listed.
NO reimbursement will be made unless these procedures are follow
Meals
The maximum for reimbursement for an employee is forty-four dollars ($44) per day.
The per day maximum shall be adjusted annually.
Lodging
Hotel/Motel reimbursement shall be the actual cost of lodging. W
lodging expenses are claimed, itemized receipts are required. NO personal expenses, such as
personal telephone calls, movie rental charges, etc, are reimbursable.
Payment
All travel expense requests must be promptly submitted on the ap
returning to work. Receipts must accompany such requests.
35
City of Arden Hills Personnel Policy Effective August 26, 2003
EDUCATIONAL REIMBURSEMENT POLICY
The City of Arden Hills believes in, and encourages employees to pursue higher levels of
education and training. It is the policy of the city to reimburse employees for courses
instruction which will enable the employee to prepare for advanc
capacity, increased responsibility within the employee's current position, or for personal
development which are city employment related; but may not be ne
employee's current position.
Eligibility
Reimbursement is limited to regular full and part-time employees who attend approved
courses or instruction on a voluntary basis outside normal working hours. Reimbursement
under this section precludes submission of those courses for oth
Financial Remuneration
Reimbursement will be made pursuant to the following guidelines:
1. Attendance at any class or course intended to be reimbursed by t
municipality must have the PRIOR approval of the employee's supervisor.
Reimbursement can not be assured for any class work started prio
the appropriate approvals;
2. Course work must be related to the employee's area of municipal responsibility.
In the case of liberal education undergraduate or graduate colle
a degree is being sought, employees will be expected to discuss lective course
work with their department head to develop an overall course work plan that is
consistent with the intent of this policy. Reimbursement may be denied for
elective course work that is not consistent with the intent of this policy. For
technical or program based college career programs, reimbursement will
made available for all course work, provided specific program credits are pre-
approved. Reimbursement may be denied for courses taken that differ from t
originally approved program schedule. Reimbursement for seminars or
individual training programs shall be determined at the time of aking the
request for training.
36
City of Arden Hills Personnel Policy Effective August 26, 2003
3. In the interest of considering the budgetary impact of providing
for educational advancement, consideration must be given to whether or not
comparable course work or advanced degrees might be achieved at a less
expensive institution than that being requested by the employee. At the time of
pre-approving reimbursable course work, the supervisor will consider this issue.
at a less expensive institution (cost per credit hour or program
reimbursement rate shall be established at the lower rate. An employee shall
always have the option of attending the more expensive training program, but
will be responsible for the marginal cost involved above the low
reimbursement rate.
4. Employees interested in pursuing advanced education should notif
supervisor as much in advance as practical so that appropriate budgeting
considerations may be made.
5. Reimbursement will be made for tuition, lab fees, direct costs of participating in
the course. Specifically not included, however, are books, student union or
association fees, qualifying tests (e.g., GRE) or other preparatory fees, mileage
and parking fees. Reimbursement will not be made for CLEP fees or similar
"test out" fees.
6. Approved course work shall be taken outside normal working hours. Except
where attendance is requested by the city, employees shall not receive any salary
compensation while attending classes.
7. In undergraduate college courses, a grade of "C" or "70" or above is required.
In graduate level college courses, a grade of "B" or above is required. In courses
or instruction not issuing a grade, certification from the vendo
instructor of satisfactory completion is required. Failure to achieve the grade
levels stated above will result in the City denying reimbursement. Employees
shall be expected to submit documentation of the grade received.
8. Reimbursement will be made upon proof of satisfactory completion
above.
37
City of Arden Hills Personnel Policy Effective August 26, 2003
PROFESSIONAL DEVELOPMENT POLICY
Purpose: The purpose of this policy is to establish guidelines for profesvelopment
activities by City staff.
Policy: City staff is encouraged to participate in professional developm
activities and programs sponsored by their respective profession
groups that sponsor programs relevant to local government. These programs not only
improve knowledge of local government and provide important netw
but offer staff the opportunity to obtain innovative and new ide
Generally speaking, exempt City staff shall have the opportunity to attend state conferences
and other applicable events of their respective professional organizations on an annual basis.
Staff may participate in other locally provided training and act
allow.
Exempt City staff shall have the opportunity to attend the natio
respective professional organization every other year as approved by the City Administrator.
City staff shall adhere to applicable provisions of the personnecy with regard to
reimbursable expenses.
38
City of Arden Hills Personnel Policy Effective August 26, 2003
REPORTING ACCIDENTS
Employees are expected to adhere to all safety requirements. Whe
st be promptly filed and sent to the City Administrator giving f
the incident.
WORKERS COMPENSATION REPORTING
Workers Compensation benefits and OSHA (job safety laws) require
accidents, sickness, or loss of consciousness be reported as soon as possible by the employee,
or on behalf of a sick or injured employee, to his or her Supervisor.
EMPLOYEES MUST REPORT TO THEIR SUPERVISOR ALL JOB ACCIDENTS,
SICKNESS, OR LOSS OF CONSCIOUSNESS AS SOON AS POSSIBLE.
Where items of safety equipment are required by federal, state, or local rules an
it shall be a condition of employment that the employee wears su
If you are involved in an accident, remember:
1. All accidents involving city vehicles should be reported to the City
Administrat
2. Insist that all parties and property concerned remain at the sce
accident.
3. Obtain identifying data from the driver of the other vehicle (na
insurance company).
4. Secure names and addresses of injured persons and any witnesses
accident.
5. All accidents and/or injuries must be reported on a form supplie
and should be returned as soon as possible from the time of the
39
City of Arden Hills Personnel Policy Effective August 26, 2003
SAFETY POLICY
The City of Arden Hills recognizes the need and importance of safety for each of its
employees. The purpose of the safety policy is to institute a basic plan fo
prevention.
Employee injuries and accidents can mean untold suffering for thjured person and
his/her family. The loss of limb, impaired vision or other crippling injuries ar
examples of a neglectful attitude towards safety. Individual and family suffering resulting
from a disability injury are recognized as a primary loss to the employee so severe that no
dollar value can be placed upon it.
The success of a safety program demands more than basic rules an It must be a living
workable program through cooperation and support of all levels o
employees. The responsibilities of the City Administrator, Supervisors, and staff are defined
so that each will know what is expected of them.
The importance of safety consciousness must be emphasized in every task performed.
Supervisors must instill awareness of safety and have an obligation to effectively place it in
operation through their personnel.
The City of Arden Hills has established a Safety Committee.
40
City of Arden Hills Personnel Policy Effective August 26, 2003
NON-DISCRIMINATION, HARASSMENT AND INAPPROPRIATE BEHAVIOR
The City of Arden Hills is committed to a work environment where all individuals are treated
with respect and dignity, and which maintains a respectful work
environment free from violence, discrimination, sexual harassmen
inappropriate or degrading remarks or conduct. The City will not tolerate such behavior by or
towards any employee. Each individual has the right to work in a
that promotes equal employment opportunities and prohibits inapp
discriminatory practices, including harassment. Therefore, the City expects that all
relationships among persons in the office will be business-like and free of bias, prejudice,
harassment, and inappropriate behaviors.
It is the policy of the city to ensure equal employment opportunity without discrimination or
harassment on the basis of race, color, creed, religion, nationa
disability, age, marital status, or status with regard to public
characteristic protected by law. The city prohibits any such discrimination, harassment or
inappropriate behaviors.
DEFINITIONS OF DISRESPECTFUL OR INAPPROPRIATE BEHAVIOR
In order to provide the employees of the City with a better understanding of the meaning of
inappropriate behavior, the following guidelines have been provided. This is not intended to
be a comprehensive listing of the definition of disrespectful or
1. Violent Behavior includes the use of physical force, harassment
(except as required in the line of duty), or abuse of power or authority when
impact is to control by causing pain, fear or hurt. Circumstances where the
position legally allows these behaviors, such as police officer
will not be considered a violation of the policy.
2. Discriminatory Behavior includes inappropriate actions or remark
disability, sex, marital status, age, sexual orientation, or staregard to
public assistance.
3. Offensive Behavior may include such work-related actions as: rudeness,
exclusionary behavior, angry outbursts, inappropriate joking or
vulgar obscenities, name calling, disrespectful language, or thenal filing
of an unfounded complaint under this policy.
41
City of Arden Hills Personnel Policy Effective August 26, 2003
DEFINITIONS OF HARASSMENT
1. Sexual harassment constitutes discrimination and is illegal unde
state local laws. For the purposes of this policy, sexual harass
in the Equal Employment Opportunity Commission Guidelines, as unwelcome
sexual advances, requests for sexual favors and other verbal or
of a sexual nature when, for example: (1) submission to such con
either explicitly or implicitly a term or condition of an individual's employment;
(2) submission to or rejection of such conduct by an individual
basis for employment decisions affecting such individual; or (3)
has the purpose or effect of unreasonably interfering with an individual's work
performance or creating an intimidating, hostile or offensive wo
environment.
2. Sexual harassment may include a range of subtle and not so subtl
and may involve individuals of the same or different gender. Depending on the
circumstances, these behaviors may include, but are not limited
sexual advances or requests for sexual favors; sexual jokes and
abuse of a sexual nature; commentary about an individual's body,
prowess or sexual deficiencies; leering, whistling or touching; insultin
obscene comments or gestures; display in the workplace of sexual
objects or pictures; and other physical, verbal or visual conduct of a sexual
nature.
3. Harassment on the basis of any other protected characteristic is also strictly
prohibited. Under this policy, harassment is verbal or physical
denigrates or shows hostility or aversion toward an individual b
/her race, color, religion, sex, sexual orientation, national origin, age, disability,
marital status, citizenship or any other characteristic protecte
his/her relatives, friends or associates, and that: (a.) has the purpose or effect of
creating an intimidating, hostile or offensive work environment; (b.) has the
purpose or effect of unreasonably interfering with an individual's work
performance; or (c.) otherwise adversely affects an individual's employment
opportunities.
4. Harassing conduct includes, but is not limited to: epithets, slurs or negative
stereotyping; threatening, intimidating or hostile acts; denigra
written or graphic material that denigrates or shows hostility o
an individual or group and that is placed on walls or elsewhere the
employer's premises or circulated in the workplace.
42
City of Arden Hills Personnel Policy Effective August 26, 2003
RESPONSIBILITIES
All City employees are responsible for conducting themselves in a man
spirit and intent of this policy. The Non-Discrimination, Harassment and Inappropriate
Behavior Policy applies to all officers and employees of the CitArden Hills, including but
not limited to, full and part-time employees, regular, seasonal and temporary employees, and
the employees covered or exempt from personnel rules or regulatis, along with others not
directly connected to the City of Arden Hills (e.g. an outside vendor, consultant or customer).
Conduct prohibited by these policies is unacceptable in the work place and in any work-
related settings outside the workplace, such as during business trips, business meetings and
business-related social events.
This policy will be distributed to all employees of the City. Every employee will be required to
acknowledge his/her receipt of this policy in writing. A copy ofment shall
be kept on file in the human resources department. Supervisors shall be responsible for
insuring that all employees under their direction are familiar w
Supervisors are responsible for conducting themselves in a mannert with the spirit
and intent of this policy. They shall establish and maintain a climate in the work unit whi
encourages employees to communicate questions or concerns regard
incidents of discrimination, harassment and inappropriate or disrespectful behavior, take
immediate corrective action to eliminate such incidents, and not
officers in the event of inappropriate or disrespectful behavior
allegations so that consistent investigatory procedures may be implemented.
43
City of Arden Hills Personnel Policy Effective August 26, 2003
REMEDIAL ACTION
Any employee who feels he/she is being subjected to discriminati
inappropriate behavior should immediately contact: their immediate supervisor, or the City
Administrator. If the accused person is the City Administrator, an employee may also c
the Mayor. The employee is encouraged to speak with any of the p
whom they feel the most comfortable. Complaints of discriminatio
inappropriate behavior will be kept as confidential as possible while the matte
investigated and promptly dealt with.
1. Investigation. When making a complaint, the employee should be prepared to
provide the following information.
Employee's name, department and position title.
The name of the person or persons committing the discrimination,
harassment and/or inappropriate behavior, including their title(s), if
known.
The specific nature of the discrimination, harassment and/or
inappropriate behavior, how long it has gone on, and any employment
action (demotion, failure to promote, dismissal, refusal to hire
etc.) taken against the complainant as a result of the discrimin
harassment and/or inappropriate behavior.
Witness(es) to the discrimination, harassment and/or inappropriate
behavior.
Whether the complainant has previously reported or discussed suc
discrimination, harassment and/or inappropriate behavior and if
to whom, or with whom.
When an allegation of discrimination, harassment and/or inappropriate
behavior is made by any employee, the person to whom the complai
shall immediately prepare a written report of the complaint acco
preceding section and submit it to the City Administrator. In the event the
discrimination, harassment and/or inappropriate behavior complai
the City Administrator, the report shall be submitted to the Mayor. The
employee who is accused of discrimination, harassment and/or ina
behavior may be placed on administrative leave while the investigation is being
conducted. An investigation of the complaint of discrimination,
and/or inappropriate behavior will be investigated and a written
completed by the investigator.
44
City of Arden Hills Personnel Policy Effective August 26, 2003
2. Corrective Action
Involving Employees:
Within a reasonable period of time, a determination based on the
shall be made whether the conduct of the person against whom a c
discrimination, harassment and/or inappropriate behavior has bee
constitutes discrimination, harassment and/or inappropriate behavior.
making that determination, the report as a whole and the totalit
circumstances, including the nature of the conduct in question,
which the conduct, if any, occurred, and the conduct of the person accused of
discrimination, harassment and/or inappropriate behavior shall b
The determination of whether discrimination, harassment and/or i
behavior occurred shall be dealt with on a case-by-case basis.
If it is determined that the complaint of discrimination, harass
inappropriate behavior is founded, immediate and appropriate dis
action shall be taken against the employee guilty of discriminat
and/or inappropriate behavior, consistent with the city ordinances, rules or
regulations pertaining to employee discipline.
The disciplinary action shall be consistent with the nature and
offense, the rank of the employee and any other factors deemed a
including but not limited to, the effect of the offense on employ
public perception of the offense, and the light in which it casts the city. A
determination of the level of disciplinary action shall also be -by-
case basis.
A written record of disciplinary action taken shall be kept, including v
reprimands.
Involving the City Administrator:
Upon receipt of a report on the investigation of a complaint of
harassment and/or inappropriate behavior against the City Administrator, the
Mayor shall present the report the City Council. If the City Council determines
that the complaint of discrimination, harassment and/or inapprop
is founded, it may discipline the City Administrator consistent ity
under the municipal ordinances, resolutions, rules and agreement
discipline of the City Administrator.
Involving Non-employees:
In cases of discrimination, harassment and/or inappropriate beha
committed by a non-employee against a city employee in the work place, the
lawful steps shall be taken to halt the discrimination, harassme
inappropriate behavior.
45
City of Arden Hills Personnel Policy Effective August 26, 2003
OBLIGATION OF EMPLOYEES
Employees are not only encouraged to report instances of discrim
inappropriate behavior or potential discrimination, harassment and inappropr
they are obligated to do so. Discrimination, harassment and inappropriate behavior expose
the City to liability and it is part of each employee's job to reduce the City's exposure to
liability.
Employees are obligated to cooperate in every investigation of d
and/or inappropriate behavior. This includes, but is not limited
evidence which may be favorable or unfavorable to the accused person, as well as, fully and
truthfully making a written report or verbally answering questio
an investigator during the course of an investigation of discrim
inappropriate behavior.
Employees are also obligated to refrain from filing bad faith complaints of di
harassment and/or inappropriate behavior.
Disciplinary action may also be taken against any employee who f
discrimination, harassment and/or inappropriate behavior or potential instances of
discrimination, harassment and/or inappropriate behavior, or who
cooperate in the investigation of a complaint of discrimination,
inappropriate behavior, or who files a complaint of discrimination, harassment and/or
inappropriate behavior in bad faith.
RETALIATION
The City prohibits retaliation against the person making the complaint of
harassment and/or inappropriate behavior, witnesses, or any othenected with
the investigation. Individuals who engage in retaliation will be
up to and including termination.
46
City of Arden Hills Personnel Policy Effective August 26, 2003
PROCEDURAL GUIDELINES FOR UNWELCOME BEHAVIOR INCIDENTS
The employee shall immediately contact any of the five individuals listed in the
policy.
An investigation will begin immediately and be conducted as conf
possible during its entirety.
Immediate action shall be taken to halt unwelcome behavior.
An investigator shall question the employee and complete a written report
accordingly.
A written report shall promptly be submitted to the City Adminis
Mayor.
City Administrator or Mayor shall review the report and make a d
as to the merit of the complaint and take appropriate disciplinary actions as
necessary.
If disciplinary action is taken, a written record, including ver
be retained in respective personnel file.
Confidentiality, to the extent it is possible, will be maintaine
47
City of Arden Hills Personnel Policy Effective August 26, 2003
DISCIPLINARY ACTION
The City of Arden Hills employees are expected to maintain a high lev
the event job performance or behavior causes problems that inter
City services or the management of the City, disciplinary measurd lead to
termination may be necessary.
The City will administer disciplinary procedures which incorpora
cause. Evidence of just cause will provide the basis for all dis
discipline and discharge includes, but is not limited to:
1. Incompetence or inefficiency in performance of duties.
2. Conviction of a criminal offense.
3. Violation of any lawful or official work rule, regulation or Cit
4. Reporting for work and/or working while under the influence of alcohol, drugs
or other controlled substances.
5. Offensive conduct or language toward the public, municipal offic
employees.
6. Carelessness and/or negligence in the handling or control of mun
property or property entrusted to the employee by the City.
7. Inducing or attempting to induce a person, officer or employee o
commit an unlawful act or to act in violation of any lawful and
official regulation or order.
8. Dishonesty in the performance of duties.
9. Violation of or fraud regarding the provisions of this policy.
10. Failure to report to work, refusal to work as assigned and direc
insubordination.
11. Acceptance of a gift under circumstances from which it could be
the giver expected or hoped for preferred or favorable treatment in
City business.
12. Unapproved use of paid work time and/or equipment in outside emp
or for personal benefit.
48
City of Arden Hills Personnel Policy Effective August 26, 2003
GRIEVANCE PROCEDURE
If an employee has a complaint about the manner in which he/she is treated as an employee
of the City of Arden Hills, such complaint shall be addressed by
follows:
Step 1. The employee shall orally present the complaint to the employe
manager within seven (7) calendar days after the event. The department manager shall
the complaint with the employee and answer the complaint within
after receipt of the complaint. Should the complaint involve the department manager, then
the employee should proceed directly to Step 2.
Step 2. If the complaint is not resolved in Step 1, it may be appealed
Administrator within seven (7) calendar days after receipt of th
manager. Any complaint not appealed to the City Administrator within this period shall be
waived. The complaint must be submitted to the City Administrato
the facts of the complaint, and the relief sought. The City Admi
complaint and provide the employee with a written statement of the City's final positi
within seven (7) calendar days after receipt of the complaint by
Step 3. If the complaint is not resolved in Step 2, it may be appealed t
within seven (7) calendar days after receipt of the reply from the City
complaint not appealed to the City Council within this period sh
be placed on the agenda for the next regularly scheduled meetingCouncil. The
employee and a representative of the employee shall have the rig
Council at this meeting. A final ruling on the complaint shall b
City Council members within thirty (30) calendar days after receipt of the complaint.
49
City of Arden Hills Personnel Policy Effective August 26, 2003
SEVERABILITY
Each provision of the Personnel Policy is deemed severable from
provision of the Personnel Policy found to be invalid or void sh
the remaining provisions, unless the Court finds any remaining provisions, standing alone,
incomplete and incapable of being executed in accordance with th
50
City of Arden Hills Personnel Policy Effective August 26, 2003
EMPLOYEE ASSISTANCE PROGRAM
The City of Arden Hills offers its employees and their dependent a CONFIDENTIAL
Employee Assistance Program through Sand Creek Group, Ltd. Professionals are available to
help employees and their dependents with:
Relationship issues
Separation and divorce concerns
Alcohol or chemical abuse problems
Work concerns
Loss and grief
Financial crisis, problems with creditors
Depression and anxiety
Parent/child difficulties
Many other life concerns
ArdenHills employees are urged to refer to the attached brochure
Ltd. for location, program and service information.
51
City of Arden Hills Personnel Policy Effective August 26, 2003
TECHNOLOGY POLICY Adopted December 10, 2001
Purposes
but not limited to, electronic mail (e-mail) and the internet, are to provide an efficient and
effective means of internal and external communications and to improve work product. This
policy addresses access to and disclosure of information from su
Among other things, this policy is intended to guide City employ
contractors in the performance of their duties.
This policy serves as notice to the employees, volunteers, and c
data, including any that is stored or printed as a document, is subject to audit and review.
There is no expectation of personal privacy in the use of the internet and e-mail systems
when using the computers or services provided by the City.
Finally, this policy serves to delineate acceptable use of the i-mail systems by
City employees, volunteers, and contractors (c
domain names, and/or e-mail services registered to or provided by the City of Arden Hills. It
seeks to ensure that the use of the internet and e-mail systems by City employees, volunteers,
and contractors while conducting work for the City and/or while
responsibilities.
Statement of Policy
The City promotes internet and e-mail use that enables employees, volunteers, and
contractors to perform City missions and encourages its employee
contractors to develop skill in the usage of internet and e-mail. It is expected that employees
will use the internet and e-mail to improve their job knowledge; to access scientific, techn
and other information on topics which have relevance to the City
their peers in other government agencies, academia, and industry on matters of relevance to
their work for the City.
Responsible Use
Users are advised not to the use the internet or e-mail systems for any purpose which would
reflect negatively on the City or its employees.
Property of the City of Arden Hills
-mail and internet systems are business tools. These systems shal
professional manner for legitimate business purposes only and, a
property of the City.
52
City of Arden Hills Personnel Policy Effective August 26, 2003
Scope
This policy applies to:
1.All technical resources that are owned or leased by the City,
2.That are used on or accessed from City premises, or that are used for City
business. This policy also applies to all activities using any City paid a
subscriptions, or other technical services, such as internet access and e-mail,
whether or not the activities are conducted from City premises;
part-time employees of the City, volunteers, and contractors who are
authorized to use City resources to access the internet or e-mail systems.
Information is not Private
The City computers and data stored on them are, and remain at alimes, the property of the
City. -mail
system are the property of the City, and should not be considered private. Employees have
no
computer systems, e-mail, or other technical resources.
Use of Respect for Others
Access to the internet via City resources and the use of City provided e-mail must only be
used for City purposes. To that end, the use shall not disrupt or interfere with the wor
n internal
network, or misrepresent the interests of the City.
Monitoring and Disclosure
The City reserves the right to access, retrieve, read, and discl
stored on City funded systems for any purpose. Employees should are that, even when
a message is erased or a visit to a web site is closed, it is stmessage
or locate the web site. The City reserves the right to monitor the use of the systems to
prevent abuse, enforce other policies, and access information. Access may occur in, but is not
limited to, situations indicating: (1) impropriety, (2) violatio
requirements, (4) suspected criminal activities, (5) breach of s
substantive information or to monitor employee performance and conduct. The conten
these systems may be disclosed by City management within or outs
employee permission. Furthermore, all communications including text and images may be
disclosed to law enforcement or other third parties without prior consent of th
property rights.
Consent
All of the City employees, volunteers, and contractors who
internet and e-
other relevant documents.
53
City of Arden Hills Personnel Policy Effective August 26, 2003
Use of the Internet
The City provides internet access to some employees for their usheir duties
for the City. All City employees are responsible for using internet resources in an effective,
ethical, and lawful manner. It is the City policy that internet resources, like other City a
be used for the benefit of the City. All internet s
overall government policies. The City reserves the right to monitor and/or log all network
activity with or without notice, including all web site communic
should have no expectations of privacy in the use of these resources. Use of the system in
violation of this or other City policies is prohibited and may l to
and including termination.
Uses that are acceptable and encouraged:
1.Communications and information exchanges directly relating to the mission
and work tasks of the City;
2.Announcements of City procedures, meetings, policies, services,
3.Use for advisory, standards, research, analysis, professional de
development activities dir-related duties;
4.Use in applying for or administering grants or contracts for Cit
activities.
Uses that are unacceptable: It is unacceptable for a user to access, use, submit, publish,
display, download, save, or transmit on the network, or on any computer system, any
information which:
1.Violates or infringes on the rights of any other person, includi
privacy;
2.Contains defamatory, false, inaccurate, abusive, obscene, pornog
profane, sexually oriented, threatening, racially offensive, or other bia
discriminatory, or illegal material;
3.Violates City regulations prohibiting sexual harassment;
4.Restricts or inhibits other users from using the system or effic
computer systems
5.Encourages the use of controlled substances or uses the system f
of criminal intent; or
54
City of Arden Hills Personnel Policy Effective August 26, 2003
Uses the system for any other illegal purpose. It is also unacceptable for a user to use the
facilities and capabilities of the system to:
1.Conduct any non-approved business;
2.Solicit the performance of any activity that is prohibited by la
3.Transmit material, information or software in violation of any s
federal law;
4.Conduct any political activity;
5.Conduct any non-City fund raising or public relations activities;
6.Download software without prior authorization of the network adm
7.Download music, video, and related media files that have no business purpose;
8.Engage in any activity for personal gain or personal business trnsactions; or
9.Make any unauthorized purchases.
Copyrighted Material
Users may download copyrighted material, but its use must be str
posted by the author or current copyright law. The federal Copyright Act at 17 U.S.C. 101 et
seq. (1988), protects and prohibits use of all original works of
or writing an
E-mail
Internet e-mail is considered network activity; thus, it is subject to all policies
-mail policy. Users should
not consider internet e-mail to be private or secure.
Passwords
Access to the internet may require a password, and authorized employees are prohibit
giving their password to any other person, except as provided for in this policy. The
password remains the property of the City, and all passwords mus
Director of Administration.
Uses of E-mail System
The City provides an e-mail system to employees for their use in performing their dutie
the City. All employees of the City are responsible for using the e-mail system in an effective,
ethical, and lawful manner. It is the City policy that the e-mail system, like other City assets,
55
City of Arden Hills Personnel Policy Effective August 26, 2003
be used for the benefit of the City. All e-s overall
government policies. The City reserves the right to monitor and/or log all network acty
with or without notice, including all web site communications; a
have no expectation of privacy in the use of these resources. Use of the system in violation of
this or other City policies is prohibited and may lead to discipinary action, up to and
including termination.
-mail system shall not be used for unacceptable or unrelated purp
but not limited to the following:
1.
2. To send and receive music, video, and related media files that have no business
purpose.
3.To send and receive software without prior authorization of the
administrator.
4.To send or receive documents in violation of copyright or other
5.To knowingly open mail not directed to you. Except to the extent that the City
reserves the right to access and review all electronic uses and -mail
messages are confidential.
6.To send messages in violation of City security policies.
7.To forward electronic messages without a legitimate business purpose, under
circumstances likely to lead to embarrassment of the sender or t
clearly expressed desire of the sender to restrict additional di
8.To send messages that are false or misleading, inaccurate, abusive, obscene,
pornographic, profane, sexually-oriented, threatening, offensive, discriminatory,
or illegal, including but not limited to sending messages under
name or with intent to obscure the origin of the message.
9.To solicit or proselytize for commercial ventures, religious or political causes,
outside organizations other non-job related solicitations.
Likewise, e-mail to all users should only be used on very rare occasions when every person on
the system has a direct need to know.
- When
forwarding, explain the reason for the forwarding action and edi
56
City of Arden Hills Personnel Policy Effective August 26, 2003
inappropriate contents. If in doubt about the appropriateness of fo
mail, check with the originator for guidance.
When sending an e-
to take action.
Do not -mail message that could prove embarrassing or compromising
to you, the City, or others. Each employee is responsible for the content of all text, audio,
images they transmit.
Avoid potentially contentious exchanges through e-mail.
Confidential and sensitive information such as performance revie
corrective actions, attorney-client privileged information, personnel information, private da
as outlined in the Minnesota Government Data Practices Act, and h or medical
information should not be communicated via e-mail.
Communications which would be inappropriate under other City pol
unacceptable if delivered via electronic communication. These communications may include,
but are not limited to, harassing or discriminatory comments, breaches of confiden
insubordinate statements.
Use your common sense in determining when to use e-mail, in what is said, and to whom.
Remember that electronic communication is not private and the Ciy reserves the right to
monitor and review all communications originating from or enteri
Security and Virus Protection
E-mail and/or internet access may utilize passwords for security;
be aware that the reliability of such tools for maintaining confidentiality cannot be
guaranteed. Additionally, all passwords must be made known to the City throu
Director of Administration, and passwords not known to the City shall not be used.
To prevent computer viruses from being transmitted through the system, employees are not
permitted to download or install any software onto their compute
computers. When downloading a file or opening an e-mail attachment, users must scan all
materials with City provided virus protection software. Additional consideration of policies
determining how to handle potentially damaging e-mail or files.
Other Technology Issues
Beyond the use of internet and e-mail, there are several other issues to consider when
utilizing City-owned technology, including personal computer and network usage.
57
City of Arden Hills Personnel Policy Effective August 26, 2003
Copying Software and Programs
Most computer software and programs are copyrighted, and it is ilegal to make multiple
copies. Employees may only copy and use software in accordance with the
agreement. If there is any question about the appropriate use of the softwa
should contact the Director of Administration.
Only Authorized Software Allowed
No external, personal, or downloaded software and/or hardware shall be installed without
prior approval by the network administrator.
Backing Up/Deleting Files
All files stored on the network will be backed up on a regular b Files that are stored on a
users hard drive will not be backed up.
Management of Files
Because the storage capacity of the network is limited, all user
outdated files. Users are also responsible minimizing the amount of large files such as
graphics contained on the network.
Work Product Ownership
All information developed on a City computer system or introduce
system is the property of the City, regardless of where it was c
Likewise, all information developed by a City employee on computers outside of the City
in conjunction with his or her employment with the City, is the
regardless of where it was created.
Network Virus Protection
Users shall not change their system configuration or take other steps to defeat virus
protection devices or systems.
Individual employees are responsible for verifying that disks an
received from outside computers are scanned for viruses prior to
computers. Please request assistance if you are unsure of how to scan filested
storage media for viruses.
Access to Data
based on access rights configured by the network administrator. These can be changed if
needed. Contact the network administrator to request changes to user acc
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City of Arden Hills Personnel Policy Effective August 26, 2003
Calendar/Scheduler Use Policy
All employees who have Microsoft Outlook should use the calendarfeature to
schedule all appointments and meetings. All meetings, vacations, and appointments should be
updated on calendars on a daily basis.
Computer Training
Employees are encouraged to seek additional training and educati
applications and related technology.
responsibilities and, to the extent possible should take place outside the normal work day.
On a case-by-case basis, the cost of training will be incurred by the City dending on the
availability of funds and City needs. An employee must have prio
supervisor to enroll in any training paid for by the City.
Enforcement
This policy is intended to be illustrative of the range of accepptable uses of
the internet and e-mail systems provided by the City and is not necessarily exhaust
Questions about specific uses should be dire
Prior to accessing the internet and e-mail systems, employees shall review this policy and sign
the consent form.
The Director of Administration and/or the employees supervisor w
suspected violations of this policy, and clear violations may re Any
user violating these provisions or applicable local, state, or federal laws is subject to
immediate loss of or restrictions on internet/e-mail privileges, additional disciplinary actions,
up to and including termination of employment, and/or criminal prosecution.
Consent Agreement
As a condition of employment, all City employees must acknowledge that
electronic systems, including but not limited to, e-mail and internet network activity, are the
property of the City and, therefore, they should not consider ane private. Prior
to obtaining access to the internet or e-mail systems, employees must sign the consent form
provided. By signing the consent form, users acknowledge that they have re
nd the potential penalties for non-
compliance.
59
CONSENT ITEM
MEMORANDUM
DATE: October 28, 2013
TO: Honorable Mayor and City Councilmembers
FROM: Patrick Klaers, City Administrator
SUBJECT: Cable Services Agreement
Budgeted Amount: Actual Amount: Funding Source:
$2,865 $2,865 Cable TV Special Revenue
Fund
Background
The City has had an ongoing agreement with the City of New Brighton for cable services. This
agreement related mainly to the taping of Council and Planning Commission meetings for live
broadcasts and replays on our cable channel.
Due to staff turnover, New Brighton gave notice that it needed to terminate the agreement. In
order to continue receiving cable services, I contacted CTV about providing services to the City.
Discussion
CTV has indicated that they are very willing to provide the cable services to the City in a manner
that is similar to what was provided by New Brighton. They currently provide these services for
St. Anthony and are discussing an agreement with Roseville for providing cable services.
The North Suburban Access Corporation (NSAC) will be the branch of CTV that will be
providing the services to Arden Hills. A proposed Agreement is attached for your consideration.
The City Attorney has review the Agreement, and has indicated no concerns with the Agreement.
NSAC has likewise reviewed the Agreement and indicated that the Agreement is acceptable. The
cost of the services will be slightly less in this new contract with NSAC than what we were
paying New Brighton. Funding for the services will come from the Cable TV Special Revenue
Fund. The Agreement runs through December 31, 2014.
Recommendation
Staff recommends that the City Council approve the attached Cable Services Agreement between
the City and NSAC.
Attachment A
Agreement between the North Suburban Access Corporation and the
City of Arden Hills for Cable Services
Agreement: This agreement outlines the services to be provided by the North Suburban
Access Corporation (NSAC) to the City of Arden Hills related to cable services.
Explanation of Services to be Provided: The North Suburban Access Corporation agrees
to provide cable services to the City of Arden Hills. This will include video recording the
monthly Planning Commission and City Council Meetings, and scheduling the playback for
these meetings. The City of Arden Hills agrees to provide the cable technician with
information/text for the bulletin board in a timely fashion. It is estimated that the total time
required in Arden Hills will be approximately 13 hours per month.
The North Suburban Access Corporation will provide the City of Arden Hills with technical
feedback about the operations of the equipment. If the cable equipment is not functioning
properly, the North Suburban Access Corporation technician will inform the Arden Hills staff
of the problem to ensure that the problem is corrected in a timely fashion. The City of Arden
Hills agrees to provide the equipment needed for the above services.
The North Suburban Access Corporation will bill any special projects or requests for cable
consultation services not outlined in the above agreement separately. The North Suburban
Access Corporation will provide the City of Arden Hills with a cost proposal for any special
projects or consulting activities that are requested by the City of Arden Hills but not outlined
in this agreement. The requested project will not proceed unless both parties are agreeable
to the cost proposal. The City of Arden Hills also agrees to provide the equipment needed for
any special projects or requests for cable consultation services.
Employment: The cable technician will remain an employee of the North Suburban Access
Corporation during the scope of their work with the City of Arden Hills. The North Suburban
Access Corporation will be responsible for worker' s compensation, salary, training and other
benefits related to this position.
Cost and Duration: Beginning November 1, 2013, through December 31, 2014, the City of
Arden Hills agrees to compensate North Suburban Access Corporation $234/month for
approximately 13 hours per month plus 10% administration fees.
Additional services
provided over 13 hours per month as directly related to items in paragraph 2 will be billed
The North Suburban Access Corporation will invoice the City
at a flat rate of $40 per hour
.
of Arden Hills on a monthly basis. Payment will be made within 10 working days of receipt of
invoice. Either party may terminate this agreement if a 90-day notice is provided in writing to
the other party.
___________________ _____________________
Coralie Wilson Patrick Klaers
Executive Director City Administrator
North Suburban Access Corporation City of Arden Hills
CONSENTITEM
MEMORANDUM
DATE:October 28, 2013
TO:Honorable Mayor and City Councilmembers
Patrick Klaers, City Administrator
FROM:Jill Hutmacher, Community Development Director
SUBJECT:Agreement with SEH for Review of Proposed Telecommunications Upgrade
Requested Action
Approve agreement with SEH for technical review and inspection services for an AT&T upgrade
project at the Cummings Park water tower.
Background/Discussion
AT&T currently leases space at the Cummings Park water tower and has proposed to upgrade its
equipment. The upgrade is consistent with AT&T’s existing lease and the October 2012
Memorandum of Understanding. The upgrade project will need a building permit, but no
additional City approvals.
The existing lease with AT&T was approved in 1989 and terminates on April 19, 2014.Staff is
currently in negotiations with AT&T regarding a lease renewalwhich will be brought to the City
Council for consideration at a later date.
SEH’s review of AT&T’s upgrade project will include the following elements.
Review site drawings, antenna information, and specifications;
Review related structured and associated construction documents and calculations;
Consult with the City to ensure that the planned installation meets the City’s
requirements;
Review shop drawings based on the final approved construction drawings;
Conduct a preconstruction meeting with the contractor, subcontractors and the City; and
Perform site visits including on-tower inspections; and
Review the contractor’s as-built drawings and prepare closeout documentation.
12
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SEH estimates that the total fee will be $5,000.00. AT&T has provided an escrow in the amount
of $6,000.00 for the technical review and inspections.
Staff Recommendation
Approve the agreement with SEH for $5,000.00 for technical review and inspection services for
an AT&T upgrade project at the Cummings Park water tower.
Attachments
A.SEH Scope of Work and Contract
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September 17, 2013RE:City of Arden Hills, Minnesota
AT&T UMTS Upgrade at Cummings Park
SEH No. ARDEN125749
Ms. Jill Hutmacher
Community Development Director
City of Arden Hills,Minnesota
1245 West Highway 96
Arden Hills, MN 55112
Dear Jill:
Thank you for providing us the opportunity to propose ontelecommunication support services again to the
City of Arden HillsThe following proposal for plan review and inspection is related to the proposed AT&T
UMTS upgrade at the Cummings Park water towerin the City of Arden Hills.Per your request,we are
sending this Letter Agreement for Professional Engineering Services for your review and authorization.
Scope
AT&T UMTSUpgrade
1.Review site drawings, antenna information, and specifications.(2iterations)
2.Review related structuraland associated construction documents,calculations.(2iterations)
3.Consult with the Cityto ensure that the planned installation meets the City’s requirements.
4.Review shop drawings based on the final approved construction drawings.(Included in item 1).
5.Conduct a preconstruction meeting with the contractor, subcontractors and the Cityprior to the
commencement of construction to ensure that all parties understand the City’s requirements and
coordinate the construction schedule.
6.Perform site visits to ensure that the installation is in accordance with the City’s requirementsand the
approved drawings and or pre-construction meeting minutes:
Provide inspection of the applicable coating surface preparation and application to ensure compliance
with the existing system and manufacturers recommendations(Includes up to 2trips to shop painting
facilityor field, specific toinspection of painted components/penetrations)
Provide inspection of installed welded/attached components in accordance with the approved plans, to
be scheduled in cooperation with the contractor, and prepare a final punchlist(3site visits)
7.Review record drawings of the installation prepared by the contractorand prepare closeout
documentation for distributionto the City
Schedule
Upon your authorization we can beginthis project immediately.Specific to the AT&T Upgrade, plan
reviews, calculations reviews and shop drawing reviews, it is our intent to completeeach iteration within
ten(10) business days after receipt. Construction observation of major work items will be performed
based on the agreed upon schedule (determined at the preconstruction meeting,with the contractor
providing 48 hours notice).
Short Elliott Hendrickson Inc. |3535 Vadnais Center Drive | SaintPaul, MN 55110-5196
SEH is an equal opportunity employer | www.sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax
AT&T UMTS Upgrade at Cummings Park Water Tower
City of Arden Hills, Minnesota
September 17, 2013
Page 2
Compensation
Services related to the AT&T Upgrade as referenced above are on an hourly basis plus reimbursable
expenses including (reproductions, mileage, and daily vehicle allowance). SEH estimates the following fee:
AT&T UMTSUpgrade -$5,000.00
Should circumstances arise that require additional effort on the part of SEH staff, wewill request
authorization fromthe Cityto perform these services, and provide and an estimate of any additional fees.
SEH will prepare monthly invoices that itemize costs (fees and expenses) for work performed during the
billing period. Interest in the amount of 1% of the unpaid balance per month may be added to the unpaid
balance of invoices that are not paid within 35 days of receipt.
This Letter Agreement shall be the basis of work by SEH on the project described in this letter. If you are
in agreement with the terms, please execute twocopies of this Letter Agreement withproper signatures
and return one copy to our office.
Respectfully,
SHORT ELLIOTT HENDRICKSON INC.
Daniel J. Zienty
Principal | Senior Project Design Leader
amc
s:\ae\a\arden\common\125749 at&t umts at cp\at&t umts upgrade at cummings park wt to j.hutmacher 91713.docx
Accepted this ____day of , 2013
Cityof Arden Hills, Minnesota
By:
Title:
CONSENT ITEM
MEMORANDUM
DATE: October 28, 2013
TO: Honorable Mayor and City Councilmembers
Patrick Klaers, City Administrator
FROM: Terry Maurer, Public Works Director
SUBJECT: South Water Tower Rehabilitation - Payment No.2 and Change Order No.1
Requested Action
Approve Payment No. 2 to Classic Protective Coatings, Inc., for the South Water Tower
Rehabilitation Project in the amount of $446,500 and Change Order No. 1.
Background
The City of Arden Hills awarded the South Water Tower Rehabilitation Project to Classic
Protective Coatings, Inc., on April 29, 2013, in the amount of $783,250.
Discussion
Payment No. 2 (a copy is attached), after 5% retainage, is in the amount of $446,500 and covers
work through September 2013. The major components of work completed for this payment
include:
Containment System
Sand Blast and Paint Interior Wet
Sand Blast and Paint Interior Dry
Sand Blast and Paint Exterior
Change Order No. 1 adds a new City requested red LED aviation light on the top of the tower
and replaces the service door and frame which was found to be severely deteriorated. It also
reduces the contract by eliminating the welding that was not needed and reducing a portion of
grinding that was not used. The total cost of Change Order No. 1 is a contract increase of $3,650
which makes the total contract amount $786,900.
12
Page of
All funding for the South Water Tower Rehabilitation Project comes from the Water Utility
Fund.
Attachments
Attachment A: Payment No. 2
Attachment B: Change Order No. 1
22
Page of
CONSENT ITEM
MEMORANDUM
DATE: October 28, 2013
TO: Honorable Mayor and City Councilmembers
Patrick Klaers, City Administrator
FROM: Terry Maurer, Public Works Director
SUBJECT: 2013 Seal Coat Improvement - Final Payment
Requested Action
Approve Final Payment No. 1 to Pearson Brothers, Inc., for the 2013 Seal Coat Improvement in
the amount of $96,433.95.
Background
The City of Arden Hills awarded the 2013 Seal Coat Improvement to Pearson Brothers, Inc., on
June 10, 2013, in the amount of $96,433.95.
Discussion
Final Payment No. 1 (a copy is attached) is for all the work in the contract which is now
complete. Since this is the final payment, no retainage is being withheld. The amount due the
contractor is $96,433.95.
All funding for the 2013 Seal Coat Improvement comes from the PIR Fund.
Attachment
Attachment A: Payment No. 1
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Attachment A
CONSENT ITEM
MEMORANDUM
DATE: October 28, 2013
TO: Honorable Mayor and City Councilmembers
Patrick Klaers, City Administrator
FROM: Terry Maurer, Public Works Director
SUBJECT: 2013 Sanitary Sewer Lining Improvement - Payment No. 2
Requested Action
Approve Payment No. 2 to SAK Construction, LLC, for the 2013 Sanitary Sewer Lining
Improvement in the Amount of $311,868.84
Background
The City of Arden Hills awarded the 2013 Sanitary Sewer Lining Improvement to SAK
Construction, LLC, on June 10, 2013, in the amount of $625,178.73
Discussion
Payment No. 2 (a copy is attached), after 5% retainage, is in the amount of $311,868.84 and
covers work through October1, 2013.
All funding for the 2013 Sanitary Sewer Lining Improvement comes from the Sanitary Sewer
Utility Fund and a grant received from the Metropolitan Council Environmental Services
(MCES)
Attachment
Attachment A: Payment No. 2
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CONSENT ITEM
MEMORANDUM
DATE: October 28, 2013
TO: Honorable Mayor and City Councilmembers
Patrick Klaers, City Administrator
FROM: Terry Maurer, Public Works Director
SUBJECT: North Snelling Avenue Mill and Overlay - Final Payment
Requested Action
Approve Final Payment No. 1 to Ace Blacktop for the North Snelling Mill and Overlay
Improvement in the amount of $104,290.92
Background
The City of Arden Hills awarded the North Snelling Avenue Mill and Overlay Improvement to
Ace Blacktop on August 12, 2013, in the amount of $110,702.00.
Discussion
Final Payment No. 1 (a copy is attached) is for all the work in the contract which is now
complete. Since this is the final payment, no retainage is being withheld. The amount due the
contractor is $104,290.92. This represents approximately a 6 percent under run on the contract.
All funding for the North Snelling Avenue Mill and Overlay Improvement comes from the
Municipal State Aid Fund.
Attachment
Attachment A: Payment No. 1
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MEMORANDUM
DATE:
October 28, 2013
TO:
Honorable Mayor and City Councilmembers
Patrick Klaers, City Administrator
FROM:
Ryan Streff, City Planner
SUBJECT:Planning Case #13-013
Applicant:
Bethel University
Property Location:
2 Pine Tree Drive
Request:
Conditional Use Permit–Higher Education
Requested Action
1.Approve Planning Case 13-013 for a conditional use permit (CUP) at 2 Pine Tree Drive
to allow a higher education use in up to 189,804 square feet in the existing office building
located at 2 Pine Tree Drive, based on the findings of fact and submitted plans, as
amended by the conditions of approval as presented in the October 28, 2013, report to the
City Council.
2.Approve the Conditional Use Permit and Development Contract.
Background
1.Overview of Request
The City has received a proposal from Bethel University to obtain a conditional use permit to
allow higher education as the principal use of the property at 2 Pine Tree Drive. TheUniversity
has negotiated a purchase agreement in order toacquirethe property from Country Financial,
contingent on the approval of a conditional use permit that would allow the entire facility to be
used for higher education and other general administrative uses. If approved this site would
function as the east Campus for Bethel University.
2.Background
City of Arden Hills
City Council Meeting for October 28, 2013
P:\Planning\Planning Cases\2013\PC 13-013 -Bethel University CUP -Higher Education Use\Memos_Reports_13-013
Page 1of 9
The applicant has applied to expand the higher educational use at 2 Pine Tree Drive to
encompass the entire 189,804 square foot facility. Their objective is to purchase the building,
and as leases expire, fully occupy the structure within 5 to 15 years. Bethel University has a plan
to slowly expand their higher education uses, including administrative offices, general and
specialized classrooms, meeting rooms and other general educational uses into the space. Bethel
University previously obtained a conditional use permit (Planning Case#13-008) from the City
to occupy approximately 26,000 square feet of the County Financial building for higher
education. The approval was granted for higher education but requires the University to seek
additional approval for any expansion or intensification of the use.
Theproperty located at 2 Pine Tree Driveiscurrently owned by Mutual Services Life Insurance
Company (c/o Country Life Insurance Company)alsoknown as Country Financial.The
property is generallypositioned north of Lake Josephine, south of County Road E, east of
Highway 51/Snelling Avenue and west of Lexington Avenue. The property consists of three (3)
parcels that total approximately forty-three (43) acres. Of the three (3) contiguous parcels only
the northern two have associated functions that currently relate to the proposed principle useof
the property.The northern parcel which is 21.52 acres in size contains the access road off of
Pine Tree Drive and the majority of the surface parking.The center parcel which is 19.16 acres
in size contains the one (1) existing building and a small fraction of the surface parking. The
remaining undeveloped parcel to the south is 2.43 acres in size and is made up of mainly
woodlands and wetlands.
The property is located within the B-2 General Business District, where higher educational uses
are permitted by conditional use permit.The property includes a five (5) story, 189,804square
foot multi-tenant office building, of which 181,432 is rentable.At this timeapproximately
75,000 square feet of the building is occupied by Country Financial and other tenants of the
building.Approximately sixty percent (60%)of the building is currently vacant.
According to the information provided by Bethel University the property would have a diverse
mixture of normaldaytime office uses along with both daytime and evening classes. The
University is planning for a mix of transportation modes to be used between the two campuses,
including shuttle service, carpooling, personal vehicles, walking and biking. Shuttle services to
and from the main campus would be provided to the students, guests, faculty and administration
staff.A pedestrianand bicycletrail connecting the two campuses is also a desire of the
University in order to provide safe routes for theirentire student body.
Classes at the Pine Tree location would be held primarily between the hours of 7:00 am and 5:00
pm, Monday through Friday. Evening classeswould also be offeredand would generally be
between the hours of 5:00 pm and 9:00 pm, Monday through Thursday.Peak classroom usage,
Monday through Friday,is between 350 and 500 students during daytime hours and peaks
between 240 and 375 students during the evening hours,Monday through Thursday. As shown
by the applicant,two scenarios have been developed to understand the use of the Pine Tree
Campus in terms of its student, faculty and administrative populations. Scenario 1 indicates the
City of Arden Hills
City Council Meeting for October 28, 2013
P:\Planning\Planning Cases\2013\PC 13-013 -Bethel University CUP -Higher Education Use\Memos_Reports_13-013
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likely useof the facility at full capacitywould be 797 people/seats.Thisscenarioaccounts for
237 staff or faculty and 560 classroom seats. Scenario 2 suggests the maximum capacityof the
facility would be873 people/seats. This scenario indicates that 203 staff or faculty and 670
classroom seatswouldutilize the facility.(See Attachment C & D)
The current surface parking lot on the property consists of approximately 777 parking spaces, or
roughly one (1) space per 260 square feet of gross building area. The zoning ordinance states
that one (1) space per 250 square feet of gross floor area is required for businessand professional
office uses. Bethel has prepared a class scheduling analysisindicating how their staggered
classroom usage mitigates the parking concernon the property.(Attachment E)
The applicant has provided a detailed narrative(Attachment B) of the proposed use along with
preliminary plans for the layout of the facility. (Attachment C & D).
Private On-Site Trails and Buffer Area
Aland title survey was completed for the Pine Tree property that identified easements and other
documents filed against the property. In addition to several highway and utility easements, the
title surveyidentified a Conditional Use Permit in Planning Case 09-020 that permitted a
telecommunicationsantenna and a 100-foot wide bicycle pathway and public pedestrian
easement along the eastern side of the property(Attachment J).Based on review of planning
documents and memos related to the original development of the Country Financial property, it
appears that the bicycle pathway and public pedestrian easement was intended to serve as a
buffer between Country Financial and the residential neighborhood to the east.
Staff has researched the City’sfiles of the proposedsite, including past staff reports, memos, and
approved minutes,and has found no evidence that the trails that exist within the boundaries of
the property are in any way dedicated to the public or were required to be available to the public
as part of the development’s approval.
Bethel University has provided a letter to the City(Attachment K) stating its intention to
continue to allow public use of the private trail systemon the Pine Tree property. In the same
letter, Bethel has responded to Cityrequests for additional information as follows:
Bethel does not intend to develop the southernmost parcel.
Bethel has no plans for additional development on the site.
If this request for a conditional use permit is approved, Bethel intends to sell property
located on County Road F and County Road E2.
The results of additional research regarding the original approval of the Country Financial
development are included in Attachments L and M.
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B-2 General Business District
The B-2General Business District allows higher education uses by conditional use permit.
Higher education is defined in theZoning Code as “junior colleges, colleges and universities
approved by the Minnesota Higher Education Coordinating Board for the Minnesota Department
of Education”.
According to Section 1320.04 Subd. 7 of the Zoning Ordinance, the stated 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.
TrafficStudy Summary
A traffic study and parkinganalysis has been completed by SRF Consulting to determine what
changes may beneeded in order for the site to operate effectively for a higher education use. For
additional details regarding the Traffic Study and Parking Analysis,please seeAttachment F.
Summary of Conclusions & Recommendations -
Results of the existing capacity analysis indicate that all study intersections currently operate
at an acceptable overall LOS C or better during the a.m. and p.m. peak hours. No significant
side-street delays were observed.
Results of the year 2018 (Phase 2) build operations analysis indicates that all study
intersections are expected to operate at an acceptable overall LOSC or better, except the
County Road E/Old Snelling intersection during the p.m. peak hour. The 95th percentile
queues in both the eastbound and southbound directionsare expected to extend up to
approximately 500 feet.
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This intersection is expected to be approaching capacity by year 2018, regardless of the
o
proposed expansion.
To address the poor operations at the County Road E/Old Snelling intersection under year
2018(Phase 2) build conditions, construction/installation of a roundabout or traffic signal
should be considered.
However, since the poor operations would likely occur for only a short period each day
o
(i.e. one or two hours), the City/County may deem this acceptable given the relatively
high costs associated with these improvements.
Results of the year 2025 (Phase 3) build operations analysis indicate similar operations to the
year 2018 Phase 2 build conditions are expected. Therefore, the potential mitigation
identified under year 2018 is considered adequate.
Based on the review of the existing parking supply/demand and the ITE calculations for
future conditions, the current 777 parking spaces are more than adequate to meet the future
demand of the facility.
Given that the travel times would be relatively similar between the two potential shuttle
service routes and the desire to keep “local” trips away from “regional” type of facilities, it is
recommended that the proposed shuttle service utilize a route along Old Snelling, County
Road E, and Pine Tree Drive.
When planning the loading/unloading zones for the shuttle service, the location/size of the
zones and pedestrian waiting areas should be designed to ensure there is sufficient space for
passengers to safely wait, while limiting any sight distance impacts or conflicts with
driveway aisles.
There are multiple gaps (i.e. a lack of connectivity) within the existing pedestrian/bicyclist
system which likely limits activity in the area, particularly along Old Snelling. If these areas
were to be improved, more pedestrians/bicyclists would be expected to utilize these facilities.
The type of improvements that could be implemented to improve connectivity include multi-
use trails, sidewalks, and/or shoulderexpansion.
Alternative pedestrian/bicyclist connections were developed to provide a more direct route
between the two campuses and increase the potential for pedestrian/bicyclist activity.
However, further discussion with impacted stakeholders would be necessary since several of
these routes travel through and/or cross areas owned privately, by MnDOT, or the railroad.
Conditional Use Permit Evaluation Criteria –Section 1355.04 Subd 3
The following CUP criteria would apply to schools for higher education in the B-2 District:
Section 1355.04 Subd. 3 of the Arden Hills Zoning Code liststhe criteria for evaluating a
Conditional Use Permit Amendment. The Planning Commission and City Council should
consider the effect of the proposed use upon the health, safety, convenience and general welfare
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of the owners and occupants of the surroundingland, in particular, and the community as a
whole, in general, including but not limited to the following factors:
1.Existing and anticipated traffic and parking conditions;
2.Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and
other nuisance characteristics;
3.Drainage;
4.Population density;
5.Visual and land use compatibility with uses and structures on surrounding land;
6.Adjoining land values;
7.Park dedications where applicable; and the
8.Orderly development of the neighborhood and the City within the general purpose and
intent of the Zoning Code and the Comprehensive Development Plan for the City.
Findings of Fact
The Planning Commission reviewed this application at their October 9, 2013, meeting and have
offered the following findings of fact for your consideration:
General Findings:
1.The applicant is proposing ause ofhigher education for thefacility located at 2 Pine Tree
Drive.
2.The proposed use within 5-15 years will encompass the entire building which is 189,804
square feet.
3.Higher education uses are permittedby conditional use permit within the B-2 General
Business District.
4.No additional buildings or facilities are being planned for this property at this time.
5.In order to provide safe pedestrian movements between campuses a trail will need to be
constructed.
6.The property consists of three (3) parcels of land totaling 43.11 acres.
7.That approximately 777 surface parking spaces exist on the property.
8.The proposed use will not increase the occupancy beyond the original design of the
building.
9.That no changes in lot coverage, landscaping, setbacks or height are being proposed.
Conditional Use Permit Evaluation Findings:
1.The proposed use will occupy theexistingbuilding and parking areas during both
daytime and evening hours for students, administrationstaffand faculty. Shared parking
on the site will be used for other weekday officeusers.
2.The proposal will have minimal impacts on noise, glare, odors, vibration, smoke, dust, air
pollution, heat,liquid andsolid waste.
3.The proposal will not affect drainage on the property.
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4.The proposed usewill not affect the population density on the propertybeyond the
original occupancy design of the building.
5.The proposed land use complies with the intent of the zoning ordinance and is compatible
with uses and structures on surrounding property.
6.The proposal is unlikely to significantly affect land values on the subject property or on
neighboring properties.
7.The park dedication requirement does not apply in this application.
Notice
Notice was published in the Arden Hills/ShoreviewBulletinand notice was prepared by the City
and mailed toallproperty ownerswithin five hundred(500) feet of the subject property.
Resident Comments
Threeletters were received in regards to Planning Case #13-013. Please see Attachment Ifor
their comments.
Recommendation
The Planning Commission reviewed Planning Case #13-013on October 9, 2013, and
unanimously recommendedapprovaloftheConditional Use Permit at 2 Pine Tree Driveto allow
higher education, based on the findings of fact and the submitted plans as presented in the
October 28, 2013,Report to the City Council, as amended by the following thirteen (13)
conditions:
1.That the project shall be completed in accordance with the plans submitted as amended
by the conditions of approval.Any significant changes to these plans, as determined by
the City Planner, shall require review and approval by the Planning Commissionand City
Council.
2.That the permitted use shall exclusively pertain to the existing building that is 189,804
square feet in size. Thatany additionalbuildings, facilities, recreational fields or
structures shall require City Approval.
3.That a trail connection shall be provided to address pedestrian movements between the
University’s east and west campuses.That the applicant shall work with the City to
determine the best route to ensure safe pedestrian and bicycle movements.
4.That bus transit between the two campuses shall beprovided to accommodate class
schedules at the University.
5.That no traditional undergraduate programs shall be implemented on the site until a
shuttle service is operationalbetween the two campuses.
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6.That bicycle parkingshall be provided at a minimum of one (1)space per ten (10)vehicle
parking spaces.
7.That vehicle parking on the site shall be provided at a minimum of (1) space per 250
square feet of gross floor area.
8.That a lighting plan shall be submitted and approved by the Cityand the Ramsey County
Sheriff.
9.That loading/unloading zones and shuttle service routes shall be consistent with the
recommendations made by SRF Consulting during the Traffic Study and Parking
Analysis.
10.That the applicant will apply for City approval for any changes to exterior signage.
11.That the applicant will request an amendment to the conditional use permit for any
increase in intensity of the higher education use.
12.That all Building Code and Fire Marshal requirements shall be met prior to occupancy of
each areabeingremodeled.
Based on the agreement reached between Bethel and the City of Arden Hillsin regards to the
trail connection between the two campuses, staff is recommending the addition of the following
condition:
13.That Bethel shallcontribute up to $800,000over a period of years toward a City
constructed trail between the main campus and the new off-campus site as described in
the Conditional Use Permit and Development Contractattached as Attachment N to this
report.
Requested Action
1)Motion to approve Planning Case 13-013 for a conditional use permit (CUP) at 2
Pine Tree Drive to allow a higher education use in up to 189,804 square feet in
the existing office building located at 2 Pine Tree Drive, based on the findings of
fact and submitted plans, asamended by the conditions of approval as presented
in the October 28, 2013, report to the City Council.
2)Motion to approve the Conditional Use Permit and Development Contract.
Options
1.Approve the proposal as submitted.
2.Approve the proposal with conditions (Recommended Action).
3.Deny the application with reasons for denial.
4.Table for additional information.
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Deadline for Agency Actions
The City of Arden Hills received the completed application for this request on September 9,
2013. Pursuant to Minnesota State Statute, the City must act on this request by November 5,
2013(60 days), unless the City provides the petitioner with written reasons for an additional 60-
day review period. The City may, with the consent ofthe applicant, extend the review period
beyond the initial 120 days.
Attachments
A.Land Use Application
B.Narrative of Proposed Use
C.Scenario 1 –Likely Use Plan
D.Scenario 2 –Maximum Use Plan
E.Maximum Use –Class Scheduling Analysis
F.Traffic Study–SRF Consulting
G.Aerial Site Map
H.Photos of the Site
I.Resident Comments
J.Bicycle Pathway & Pedestrian Easement
K.Letter from Bethel University dated October 24, 2013
L.Memo from Matthew Bachler dated October 22, 2013
M.Site Plan Review/Building Permit Report 8-31-77
N.Conditional Use Permit and Development Contract
O.Draft Planning Commission Minutes, October 9, 2013
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Attachment A
Attachment F
Memorandum
SRF No. 0138264
To:
Ryan Streff, City Planner
City of Arden Hills
From:
Matthew Pacyna, PE, Associate
Emily Gross, EIT, Engineer
Date:
October 4, 2013
Subject:
Bethel University Expansion Traffic Study
Introduction
As requested, SRF has completed a traffic study for the proposed Bethel University expansion into
the existing Country Financial building located along Pine Tree Drive, south of County Road E in
the City of Arden Hills (see Figure 1: Project Location). The main objectives of this study are to
review existing operations within the study area, evaluate traffic impacts to the adjacent roadway and
pedestrian/bicyclist network, and recommend any necessary improvements to accommodate the
proposed expansion. It should be noted that Bethel University is expected to eventually occupy the
entire Country Financial building. Therefore, multiple expansion phases were included as part of
this study. The following information provides the assumptions, analysis, and recommendations
offered for consideration.
Existing Conditions
The existing conditions were reviewed to establish a baseline to compare and determine any future
impacts associated with the proposed development. The evaluation of existing conditions includes
peak hour intersection counts, field observations, and an intersection capacity analysis.
Data Collection
Intersection vehicular and pedestrian/bicyclist counts were collected by SRF during the a.m. and
p.m. peak periods on Thursday September 26, 2013 at the followin
County Road E and Old Snelling (CSAH 76)
County Road E and Snelling Avenue (TH 51) West Ramps
County Road E and Snelling Avenue (TH 51) East Ramps
County Road E and Pine Tree Drive
Pine Tree Drive and Country Financial Access
Lexington Avenue N and Harriet Avenue
It should be noted that there are several major roadway projects under construction within the
general vicinity of the proposed expansion that are impacting area travel patterns.
OCP,S150|M,MN55447|763.475.0010|..
NE ARLSON ARKWAY UITE INNEAPOLIS WWWSRFCONSULTINGCOM
Ryan Streff October 4, 2013
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To establish a baseline condition that does not include any construction impacts, historical peak
hour and daily traffic volume information, provided by the Minnesota Department of
Transportation (MnDOT), was reviewed. This data was compared to
intersection counts, which were then modified accordingly to reflect year 2013 non-construction
conditions within the study area.
In addition to the intersection counts, observations were completed to identify roadway
characteristics within the study area (i.e. roadway geometry, posted speed limits, and traffic controls).
Currently, County Road E is primarily a three-lane roadway west of Snelling Avenue and a five-lane
roadway to the east. The posted speed limit along County Road E within the study area is 35 miles
per hour (mph). Lexington Avenue is also a three-lane roadway, but has a 40 mph posted speed
limit, while Old Snelling is a two-lane roadway with a 45 mph posted speed limit. The remaining
study area roadways are two-lane roadways with 30 mph posted spe
Study intersections along County Road E at Pine Tree Drive, the Snelling Avenue West Ramps, and
the Snelling Avenue East Ramps are currently signalized. The County Road E/Old Snelling
intersection is unsignalized and has all-way stop control. The other study intersections are also
unsignalized, but have side-street stop control. The existing geometrics, traffic controls, and
volumes within the study area are shown in Figure 2.
Intersection Capacity Analysis
An existing intersection capacity analysis was completed to establish a baseline condition to which
future traffic operations could be compared. The existing study intersections were analyzed using a
combination of the Synchro/SimTraffic (Version 8.0) and Highway Capacity Manual (HCM)
software. Capacity analysis results identify a Level of Service (LOS) which indicates how well an
intersection is operating. Intersections are ranked from LOS A through LOS F. The LOS results are
based on average delay per vehicle, which correspond to the delay threshold values shown in
Table 1. LOS A indicates the best traffic operation and LOS F in
demand exceeds capacity. Overall intersection LOS A through D is generally considered acceptable
by drivers in the study area.
Table 1.Level of Service Criteria for Signalized and Unsignalize
Signalized Intersection Unsignalized Intersection
LOS Designation
Average Delay/Vehicle (seconds) Average Delay/Vehicle (seconds)
A
B - -
C - -
D - -
E - -
F
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For side-street stop controlled intersections, special emphasis is given to providing an estimate for
the level of service of the side-street approach. Traffic operations at an unsignalized intersection
with side-street stop control can be described in two ways. First, consideration is given to the overall
intersection level of service. This takes into account the total number of vehicles entering the
intersection and the capability of the intersection to support these volumes. Second, it is important
to consider the delay on the minor approach. Since the mainline does not have to stop, the majority
of delay is attributed to the side-street approaches. It is typical of intersections with higher mainline
traffic volumes to experience high levels of delay (i.e. poor levels of service) on the side-street
approaches, but an acceptable overall intersection level of serv
Results of the existing capacity analysis shown in Table 2 indicate that all study intersections
currently operate at an acceptable overall LOS C or better during the a.m. and p.m. peak hours, with
the existing traffic control, geometric layout, and signal timing. Furthermore, no significant side-
street delays were observed. However, relatively minor queuing i
westbound left-turn movement at the County Road E/Snelling Avenue West Ramp intersection and
the southbound left-turn movement at the County Road E/Old Snelling intersection during the
peak hours. These queues occasionally (i.e. approximately 10 to 15 percent of the peak hour) extend
beyond their current turn lane storage. It should be noted that there is a planned bridge
improvement that is expected to be constructed in the year 2015 which would provide additional
turn lane storage at the County Road E/Snelling Avenue ramp terminal intersections. Additional
details of the planned bridge improvement are discussed later in this document.
Table 2.Existing Peak Hour Capacity Analysis
A.M. Peak P.M. Peak
Intersection
LOS Delay LOS Delay
County Road E and Old Snelling B 2 sec. C 22 sec.
County Road E and Snelling Avenue West Ramps B 7 sec. B sec.
County Road E and Snelling Avenue East Ramps B sec. B 8 sec.
County Road E and Pine Tree Drive A A 7 sec.
Pine Tree Drive and Country Financial Access A/A sec. A/A 6 sec.
Lexington Avenue N and Harriet Avenue A/A 7 sec. A/B 3 sec.
Indicates an unsignalized intersection with all-way stop control
Indicates an unsignalized intersection with side-street stop conoach
LOS. The delay shown represents the worst side-street approach delay.
Proposed Bethel University Expansion
Bethel University intends to purchase the existing Country Financial building located along Pine
Tree Drive and eventually occupy the entire 191,000 square foot facility within the next five to
15 years. Two development scenarios (i.e. Ñlikely useÒ and Ñmaximum useÒ) were identified.
However, for purposes of this study, the Ñmaximum useÒ was analyzed since it provides a
conservative estimate of the future conditions. Once fully occupied, the design capacity is expect
to support a total of 873 people, which accounts for approximately 203 staff and up to 670
students/classroom seats.
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City of Arden Hills Page 6
Bethel University is expected to occupy the Country Financial building in three phases. A summary
of the proposed expansion and details of each phase are outlined in Table 3. Based on this
information, Bethel University is expected to fully occupy the Country Financial building by year
2025. The only access to the proposed expansion is not expected to change and will remain in its
current location along Pine Tree Drive. Shuttle service is prop
no more than four buses in circulation during peak periods. Pedestrian/bicyclist use is also expected
to occur between the two campuses. However, these facilities are relatively limited and would need
to be improved upon to increase utilization and provide a more safe connection. Additional
information regarding the existing pedestrian/bicyclist facilities is discussed later in this study.
Table 3.Maximum Use Phasing Summary
Classroom Full Design Bethel Remaining
Phase/Timeframe Staff/Faculty
Seats Capacity Sq. Ft. Sq. Ft.
-
Phase 2 -
---
Phase 3 - 873
Finally, there are approximately 777 surface parking spaces currently provided on site. No changes
to the parking configuration are planned. However, with the proposed land use change, a review of
the current parking was completed to determine if the existing p
the future demand. The detailed parking analysis is summarized later in this study.
Traffic Forecasts
Since the proposed expansion is expected to occupy the Country Financial building in multiple
phases, two specific development timeframes were selected for analysis. This approach was selected
since Phase 2 and Phase 3 are expected to generate the highest amount of traffic. Therefore, for
purposes of this study, year 2018 (i.e. Phase 2) and year 2025 (i.e. Phase 3) conditions were reviewed.
The following information provides additional details of the traffic forecast development.
Background Growth
To account for general background growth in the area, an annual growth rate of one-half percent
was applied to the existing turning movement counts to develop year 2018 and year 2025
background traffic forecasts. This growth rate is consistent with future traffic volume projections
identified in the City of Arden Hills - 2030 Comprehensive Plan.
Proposed Development
Since trip generation for universities can vary significantly ba
employees, class times, and access to amenities, specific weekday vehicular counts were reviewed at
the existing Bethel University access locations. This informatio Bethel
University Traffic Study Intersection Control Evaluation/Existing Conditions Analysis dated April 12, 2012. A
summary of the existing Bethel University trip generation is provided in Table 4.
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Table 4.Existing Bethel University Trip Generation (Average Week
A.M. Peak P.M. Peak
Daily
Hour Trips Hour Trips
Land Use Type Size
Trips
In Out In Out
Bethel University 96 27
Trip Generation Rate per Student 2.73
Note: This data is based on actual driveway counts collected and averaged over a three-day period Tuesday through Thursday.
The information presented in Table 4 was used as the basis for t
proposed expansion. As previously mentioned, Bethel University is expected to occupy the Country
Financial Building in multiple phases. Therefore, trip generation estimates were developed for each
phase to illustrate how the site generated traffic is expected to change over time. It should be not
that the Bethel University data was compared to the ITE Trip Generation Handbook, 9th Edition and
found to be comparable.
Results of the proposed expansion trip generation, shown in Table 5, indicate that Phase 2 is
expected to generate the highest amount of total site trips, which includes approximately 252 a.m.
peak hour, 256 p.m. peak hour, and 2,539 daily trips. It should be noted that approximately one-
third of the trips are associated with the existing leased space within the building. Under Phase 3, the
site is expected to generate approximately 145 a.m. peak hour, 194 p.m. peak hour, and 1,957 daily
trips, which is roughly a 30 percent reduction in total site tri
Table 5.Trip Generation Estimates Ï Proposed Expansion
A.M. Peak P.M. Peak
Daily
Hour Trips Hour Trips
Land Use Type (ITE Code, if applicable) Size
Trips
In Out In Out
-
- Existing Leased Office (Actual Count) 2 82 827
- Existing Vacant Office -- -- -- -- --
- Bethel University (Bethel Rate)
- Bethel University Shuttle Service NA
PT 3
hase otal Site Trips7
Phase 2 -
- Existing Leased Office (Actual Count) 2 82 827
- Remaining Office (710) 7 6
- Bethel University (Bethel Rate) Seats 87
- Bethel University Shuttle Service NA 8 8 8 8
Phase 2 Total Site Trips 2 69 87 2,
Phase 3 -
- Bethel University (Bethel Rate)
- Bethel University Shuttle Service NA 8 8 8 8
Phase 3 Total Site Trips 33 78 9
The daily rate was based on the ITE Code for general office spac
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Since the Phase 1 site generated trips are lower than both the P
Phase 1 was not reviewed from an operations perspective. Theref
for Phase 2 and Phase 3 were distributed throughout the study ar
shown in Figure 3, was developed based on existing area travel patterns and engineering judgmen
The resultant year 2018 (Phase 2) and year 2025 (Phase 3) traffic volumes, which include the
background traffic and trips generated by the proposed expansion, are shown in Figures 4 and 5,
respectively.
Year 2018 (Phase 2) Build Conditions
Intersection Capacity Analysis
To determine if the existing roadway network can accommodate the year 2018 Phase 2 build traffic
forecasts, a detailed traffic capacity analysis was completed. However, it should be noted that
MnDOT is currently planning to reconstruct the County Road E bridge over Snelling Avenue in the
year 2015. This improvement will likely include lengthening exis
Road E at the two Snelling Avenue ramp terminal intersections as well as a new multi-purpose trail
located along the south side of County Road E. Since this project is currently planned, it was
assumed to be constructed by year 2018 and is included as part of the traffic operations analysis.
The study intersections were once again analyzed using a combination of the Synchro/SimTraffic
and HCM software.
Results of the year 2018 (Phase 2) build operations analysis shown in Table 6 indicates that all study
intersections are expected to operate at an acceptable overall LOS C or better during the a.m. and
p.m. peak hours, with the existing traffic controls and assumed geometric layout, except the County
Road E/Old Snelling intersection. During the p.m. peak hour, the
intersection is expected to operate at LOS E (although near the LOS D/E threshold) with the
existing all-way stop control. In addition to the poor LOS at this intersection, the 95th percentile
queues in both the eastbound and southbound directions are expected to extend up to
approximately 500 feet. No other significant delay or queuing issues are expected under the year
2018 (Phase 2) build condition.
Table 6.Year 2018 (Phase 2) Build Peak Hour Capacity Analysis
A.M. Peak P.M. Peak
Intersection
LOS Delay LOS Delay
County Road E and Old Snelling B E36 sec.
County Road E and Snelling Avenue West Ramps B B
County Road E and Snelling Avenue East Ramps B C 23 sec.
County Road E and Pine Tree Drive A 6 sec. A 9 sec.
Pine Tree Drive and Country Financial Access A/A A/A 6 sec.
Lexington Avenue N and Harriet Avenue A/A 7 sec. A/B
Indicates an unsignalized intersection with all-way stop control
Indicates an unsignalized intersection with side-street stop conoach
LOS. The delay shown represents the worst side-street approach delay.
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To address the poor operations at the County Road E/Old Snelling intersection under year 2018
(Phase 2) build conditions, modification of the existing traffic control should be considered.
Potential mitigation includes installation of a roundabout or traffic signal. However, discussion with
impacted stakeholders and City/County officials would need to occur prior to any decision.
Furthermore, it is likely that the poor operations would occur for only a short period each day (i.e.
one or two hours), which the City/County may deem acceptable giv
associated with a roundabout and traffic signal. Therefore, for
was assumed moving forward to illustrate the future impact of the proposed expansion. It should
be noted that this intersection is expected to be approaching capacity by year 2018, regardless of the
proposed expansion.
Year 2025 (Phase 3) Build Conditions
Intersection Capacity Analysis
To determine if the existing roadway network with the planned Co
reconstruction project can accommodate the year 2025 Phase 3 build traffic forecasts, a detailed
traffic capacity analysis was completed. Although from a traffic volume perspective the Phase 3
condition is expected to generate less site trips than under Phase 2 conditions, it is likely that
area developments and growth will likely continue to occur (i.e. background traffic). Therefore, the
study intersections were once again analyzed using a combination of the Synchro/SimTraffic and
HCM software.
Results of the year 2025 (Phase 3) build operations analysis shown in Table 7 indicate similar
operations to the year 2018 Phase 2 build conditions are expected. Once again, all study
intersections are expected to operate at an acceptable overall LOS C or better during the a.m. and
p.m. peak hours, with the existing traffic controls and assumed geometric layout, except the County
Road E/Old Snelling intersection. During the p.m. peak hour, the
intersection is expected to operate at LOS E (although near the LOS D/E threshold) with the
existing all-way stop control. In addition to the poor LOS at this intersection, the 95th percentile
queues in both the eastbound and southbound directions are expected to extend up to
approximately 500 feet. No other significant delay or queuing issues are expected.
Table 7.Year 2025 (Phase 3) Build Peak Hour Capacity Analysis
A.M. Peak P.M. Peak
Intersection
LOS Delay LOS Delay
County Road E and Old Snelling B E37sec.
County Road E and Snelling Avenue West Ramps B 3 sec. B 6 sec.
County Road E and Snelling Avenue East Ramps B 2 sec. C 2 sec.
County Road E and Pine Tree Drive A 6 sec. A 8 sec.
Pine Tree Drive and Country Financial Access A/A A/A 6 sec.
Lexington Avenue N and Harriet Avenue A/A 6 sec. A/B sec.
Indicates an unsignalized intersection with all-way stop control
Indicates an unsignalized intersection with side-street stop conoach
LOS. The delay shown represents the worst side-street approach delay.
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As previously mentioned, modification of the existing traffic control at the County Road E/
Old Snelling intersection should be considered to address the poor operations under year 2025
(Phase 3) build conditions. Potential mitigation includes installation of a roundabout or traffic signal.
However, discussion with impacted stakeholders and City/County officials would need to occur
prior to any decision. Furthermore, it is likely that the poor operations would occur for only a short
period each day (i.e. one or two hours), which the City/County may deem acceptable given the
relatively high costs associated with a roundabout and traffic signal. It should be noted that given
the current geometric layout and all-way stop control, additional turn-lane improvements would not
be recommended due to potential conflicts/safety issues.
Other Considerations
Parking
The current parking supply includes a total of 777 surface parking spaces, which includes both
regular and handicap spaces. To determine if this supply is considered adequate to meet the future
demand, a detailed parking review was completed. The first step of the parking analysis was to
identify the existing parking demand at the Country Financial building. This was accomplished by
completing parking lot surveys during three periods (i.e. 10:00
typical weekday. Based on these surveys, approximately 240 parking spaces were occupied during
both the 10:00 a.m. and 2:00 p.m. periods, which represents approximately 30 percent utilization.
The second step was to review the parking demand based on the ITE Parking Generation Manual, 4th
Edition, which is summarized in Table 8.
Table 8.Parking Supply/Demand
Demand Parking Surplus /
Land Use Type (ITE Code, if applicable) Size
Rate Demand (Deficit)
-
3. spaces/
- Existing Office (701)* SF --
- Bethel University (550) people --
person
- 6
-97
Phase 2 -
spaces/
- Existing Office (701) 276 --
- Bethel University (550) people
276 --
person
--
Phase 3 -
- Bethel University (550) 873 people 332 --
person
Phase 3 -- 332
* Although the non-Bethel components total uare feet However,
-occupancy.
Ryan Streff October 4, 2013
City of Arden Hills Page 14
The ITE parking generation demand rates use key inputs, such as facility size and travel behavior
characteristics based on utilization surveys of particular land uses, to estimate parking demand. The
ITE Parking Generation Manual, 4th Edition estimates an 85th percentile demand based on the study
survey locations. The 85th percentile is a statistical measure that represents the point at which 85
percent of the study sites had an observed peak period parking demand equal to or less than the
value. Furthermore, it is good practice for the parking supply of any facility to equal the peak
parking demand plus an additional 15 percent. This extra supply reduces the unnecessary circulation
of vehicles looking for parking and the perception of inadequate parking.
Based on the review of the existing parking supply/demand and the ITE calculations for future
conditions, the current 777 parking spaces are more than adequate to meet the future demand of the
facility. As Bethel University occupies more of the facility over time, the peak parking demand is
expected to decrease. This is primarily due to the reduction in office space, which typically requires
more parking than a university.
Shuttle Service
A shuttle service is proposed between the main Bethel University
Based on correspondence with Bethel staff, the shuttle service w
the campuses with no more than four buses in circulation during any period. Based on this
assumption, each bus is expected to make two complete round trips during each hour, which
includes dwell time for loading/unloading of passengers.
Specific loading zones and routes of the shuttle service have not been determined at the time of this
study. However, a cursory review of the area indicates there is only one logical route from the
proposed expansion to the main campus. This route, traveling from the proposed expansion, would
utilize Pine Tree Drive, County Road E, and Old Snelling. However, there are two potential routes
from the main campus to the proposed expansion that could be utilized.
The first route would follow the same path previously mentioned,
second route would exit the main campus via Snelling Avenue and utilize the County Road E West
Ramp. Although this second route would likely be slightly faster from a travel time perspective, it is
not ideal to have a ÑlocalÒ type of trip on a more ÑregionalÒ type of facility such as Snelling Avenue,
particularly for only approximately one-quarter mile. Furthermore, direct access to Snelling Avenue
from the main campus may create a potential safety issue due to the speed differential of the buses
and vehicles along Snelling Avenue. Therefore, given that the tr
it is recommended that the proposed shuttle service utilize the first route identified along Old
Snelling.
As previously mentioned, specific shuttle service loading/unloading zones have not been identified.
When planning these locations, the location/size of the loading/unloading zones and pedestrian
waiting areas should be designed to ensure there is sufficient space for users to safely wait, while
limiting any sight distance impacts or conflicts with driveway aisles. This includes zones at both the
main campus and the proposed expansion.
Ryan Streff October 4, 2013
City of Arden Hills Page 15
Pedestrian/Bicyclist Facilities
Although shuttle service will be provided between the two campuses, there is the potential that
students/employees may prefer to walk or bike. Since the campuses are located approximately one
and one-half miles apart (via existing pedestrian/bicyclist faci
campuses is expected to be approximately 15 to 25 minutes and less if biking. Given this
information, review of the existing pedestrian/bicyclist facilities was completed, which is illustrated
on Figure 6.
Review of the existing pedestrian/bicyclist facilities between the two campuses indicates that there is
a variety of facilities within the area. The facilities include sidewalks, multi-use trails, and on-street
shoulder areas that are greater than six feet in width, which are considered relatively
pedestrian/bicyclist friendly. It should be noted that this assumes that bicyclists could utilize the
sidewalk, if desired. However, there are also multiple gaps (i.
pedestrian/bicyclist system which likely limits activity in the area, particularly along Old Snelling.
If these areas were to be improved, more pedestrians/bicyclists would be expected to util
facilities. The type of improvements that could be implemented to improve connectivity include
multi-use trails, sidewalks, and/or shoulder expansion.
In addition to identifying current gaps in the system, alternati
were developed. The intent of the alternatives, which are shown in Figure 6, is to provide a more
direct route between the two campuses and increase the potential for pedestrian/bicyclist activity. A
more direct route would be shorter and result in less travel tim
However, to create a more direct route would likely require furt
stakeholders, since several of these routes travel through and/or cross areas owned privately, by
MnDOT, or the railroad. In particular, crossing Snelling Avenue and the railroad appear to provide
the biggest challenge in developing a more direct route between the campuses. However, there are
multiple alternatives that would improve access to existing pede
County Road E that should be considered.
Ryan Streff October 4, 2013
City of Arden Hills Page 17
Conclusions and Recommendations
Based on the analysis the following conclusions and recommendations are offered for your
consideration:
Intersection vehicular and pedestrian/bicyclist counts were collected by SRF during the a.m. and
p.m. peak periods on Thursday September 26, 2013.
Results of the existing capacity analysis indicate that all study intersections currently operate at
an acceptable overall LOS C or better during the a.m. and p.m. peak hours. No significant side-
street delays were observed.
Relatively minor queuing issues were identified for the westboun
o
County Road E/Snelling Avenue West Ramp intersection and the southbound left-turn
movement at the County Road E/Old Snelling intersection, where queues occasionally
extend beyond their current turn lane storage.
Bethel University is expected to occupy the Country Financial building in three phases, while
fully occupying the facility by year 2025.
Once fully occupied, the design capacity is expected to support a total of 873 people, which
o
accounts for approximately 203 staff and up to 670 students/clas
To account for general background growth in the area, an annual growth rate of one-half
percent was applied to the existing turning movement counts to develop year 2018 and year
2025 background traffic forecasts.
Since trip generation for universities can vary significantly ba
employees, class times, and access to amenities, specific weekday vehicular counts were reviewed
at the existing Bethel University access locations and used to identify the future expansion trip
generation.
Phase 2 is expected to generate a total of approximately 252 a.m. peak hour, 256 p.m. peak
o
hour, and 2,539 daily site trips while Phase 3 is expected to generate approximately 145 a.m.
peak hour, 194 p.m. peak hour, and 1,957 daily site trips.
Results of the year 2018 (Phase 2) build operations analysis indicates that all study intersections
are expected to operate at an acceptable overall LOS C or better, except the County Road E/
Old Snelling intersection during the p.m. peak hour. The 95th percentile queues in both the
eastbound and southbound directions are expected to extend up to approximately 500 feet.
This intersection is expected to be approaching capacity by year 2018, regardless of the
o
proposed expansion.
To address the poor operations at the County Road E/Old Snelling intersection under year 2018
(Phase 2) build conditions, construction/installation of a roundabout or traffic signal should be
considered.
However, since the poor operations would likely occur for only a short period each day (i.e.
o
one or two hours), the City/County may deem this acceptable given the relatively high costs
associated with these improvements.
Ryan Streff October 4, 2013
City of Arden Hills Page 18
Results of the year 2025 (Phase 3) build operations analysis indicate similar operations to the
year 2018 Phase 2 build conditions are expected. Therefore, the
under year 2018 is considered adequate.
Based on the review of the existing parking supply/demand and the ITE calculations for future
conditions, the current 777 parking spaces are more than adequate to meet the future demand of
the facility.
Given that the travel times would be relatively similar between the two potential shuttle service
routes and the desire to keep ÑlocalÒ trips away from ÑregionalÒ type of facilities, it is
recommended that the proposed shuttle service utilize a route along Old Snelling, County
Road E, and Pine Tree Drive.
When planning the loading/unloading zones for the shuttle service, the location/size of the
zones and pedestrian waiting areas should be designed to ensure there is sufficient space for
passengers to safely wait, while limiting any sight distance imp
aisles.
There are multiple gaps (i.e. a lack of connectivity) within the existing pedestrian/bicyclist
system which likely limits activity in the area, particularly along Old Snelling. If these areas were
to be improved, more pedestrians/bicyclists would be expected to utilize these facilities. The
type of improvements that could be implemented to improve connectivity include multi-use
trails, sidewalks, and/or shoulder expansion.
Alternative pedestrian/bicyclist connections were developed to provide a more direct route
between the two campuses and increase the potential for pedestrian/bicyclist activity. However,
further discussion with impacted stakeholders would be necessary
travel through and/or cross areas owned privately, by MnDOT, or the railroad.
H:\Proects\8264\TS\Report\8264_ArdenHills_BethelExpansionTraffic
Property Boundary
The zoning district designations represented on this map
correspond to the City of Arden Hills official Zoning Map.
¯
Questions concerning the Zoning Map should be directed
to City Hall. Zoning designations are subject to change.
Please refer to the Zoning Code for complete information.
Map Date: October 4, 2013
P:\GIS_Data\Planning\Planning Cases\2013\PC 13-013
%
Attachment
Felix Hoover Concerns/Questions from Arden Hills Resident
Bethel Proposal - Planning Case 13-013
1)No apparent changes are currently being planned to handle increased traffic over
Co. Rd. E and Snelling/MN-51. There is already some congestion, car noise and
pollution (idling cars) during peak rush hours...esp at the bridge stoplight by
McDonald's...andat the intersection of Co. Rd. E and Old Snelling. We have been a part
of the congestion. Do you have a sense about how long will it take for the planned 2015
expansion of the bridge to be completed?
City Response: MnDOT is planning to reconstruct theCR E bridge over Snelling
in 2015. Although the specific design has not been finalized, the design will
likely includea three-lane design (one lane each direction and a center turn lane)
and pedestrian facilities on at least one side. In general, a project of this
magnitude would be constructed in one construction season (i.e. 3 to 6 months).
Also, please be aware that some of the congestion on CR E the last couple of
years has probably been because of the MnDOT projects on 694 and Hwy 10/96.
Once all that is open this Fall we will likely see traffic changes again.
2)Start times for classes at the proposed East campus will be staggered. What
proportion of staff and students do you anticipate will use bus transit to get to the East
campus? What proportion are expected to travel by car?
Bethel Response: The City did commission an independent traffic study which is
attached as Attachment F to the staff report.Since this is a new business model
for Bethel, exact numbers are not known, but the consultant did use actual Bethel
traffic counts for their modeling.Faculty and staff who work in the Pine Tree
building will be “assigned” to that building, significantly limiting the transit
between campuses.
3)We noted the possible walking/bike path suggestions. Is any consideration being
given to a pedestrian bridge over MN-51 (perhaps nearer to the east entrance of current
Bethel campus) so to avoid having pedestrians/bicyclists cross over the Co. Rd. E bridge?
CityResponse: The cost of a pedestrian bridgeover Highway 51 would likely
exceed $2.0 million due to the length of the span. Because there is no public
property on the east side of Highway 51, property would need to be acquired for
the bridge to touch down. In addition, it is very unlikely that the railroad would
ever allow an at-grade pedestrian crossing. At this point, no options for a crossing
have been eliminated, but given that pedestrian facilities will be included in the
reconstructed County Road E bridge, that route may be the safest and most cost-
effective.
4)Under staff recommendations #5 "no undergraduate programs shall be
implemented on the site until the trail is complete". Is there any more news about when
the trail will be complete? Why just"undergraduate"?
Felix Hoover Concerns/Questions from Arden Hills Resident
Bethel Proposal - Planning Case 13-013
Bethel Response: This comment was meant to ensure that a safe
pedestrian/bicycle system be in place prior to any students being scheduled across
the 2 campuses (undergraduates are essentially the only students who might be
scheduled to transit between campuses).Earlier this summer Bethel did receive
separate approval to begin teaching limited daytime graduate and evening adult
programs in the Pine Tree building.That traffic is in large part a “transfer” of
traffic from Bethel’s current adult teaching facility on Red Fox Road in Arden
Hills and thus (i) is not new traffic to Arden Hills and (ii) is not traffic that will
transit between the 2 campuses.
5)How did you determine that adjoining land values would not be measurably
impacted?
CityResponse: Staff based this determination on the current use of the property
and its similar use for educational purposes. Office uses and educational uses are
very similar in terms of how the property functions as a whole.
6)Is there an option for nearby landowners to have a noise barrier placed along
Snelling/MN-51...at least for those w/i 350 feet of the proposed campus?
CityResponse: No plans for a noise barrier are being consideredat this time.
Because Bethel is proposing to occupy an existing office building, the City
expects minimal changes to noise levels beyond the current use.
7)Does a non-profit institution provide for the best use of this land in terms of the
City finances and supporting our tax base?
City Response: The Planning Commission makes recommendations to the City
Council based on land use matters. The City is legally prohibited from making a
land use decision based on taxable status. The City Council may request
information on the impact of the proposal on City revenue, but they may not use
this information asa basis for their land use decision.
8)Does this request from Bethel offer an opportunity for a broader discussion about
options for the local community more generally, e.g., increased public transportation
along Snelling/MN-51?
City Response: Metro Transit makes decisionsregarding transit service. The
City has requested additional transit service, howeveraccording to Metro Transit,
the relatively low population density of Arden Hills cannot economically support
additional transit routes or frequency. Discussions resulting in additional transit
service to Arden Hills are more likely to occurwith TCAAP developmentthan
with Bethel’s use of the Country Financial building.
MEMORANDUM
DATE:
October 22, 2013
TO:
Ryan Streff
FROM:
Matthew Bachler
SUBJECT:Country Financial Property –2 Pine Tree Drive
Background
The Country Financial office building at 2 Pine Tree Drive was approved in Planning Case 77-
027.At the time, Mutual Service Life Insurance Company (MSLI)was seeking to purchase 54
acres of land to locate theircorporate headquarters. MSLI requested arezoning ofapproximately
42 acresfrom the existing R-1 classification to R-B.Of the remaining 12 acres on the site, MSLI
dedicated7.5 acres to the City as parkland (now a portion of the Crepeau Nature Preserve), and
the other 4.5 acres wereleft in a natural state retainingthe R-1 zoning classification.
The City initially required MSLI to apply for a rezoning and Special Use Permit for a Planned
Unit Development.Atthe time the rezoning was requested, the company was considering
developing four residential properties at the southwest corner of the site. Intheir review of PC
77-027, thePlanning Commission recommended approval of the rezoning, with the
recommendation that the Council not give final approval until MSLI had submitted the
development plans required for the Special Use Permit.The Council elected not to wait to review
the development plans and approved the rezoning request with the exception that an easterly
border, 100 feet in width, retain theR-1classification.
Subsequently,MSLI didnot to move forward withthe proposal for residential units on southern
end of the property. Since the proposed use forthe site was a single office building, which was a
permitted use in the R-B zoning district, the development plans werereviewed through the Site
Plan Review process rather than as a Special Use Permit. No formal development agreements
related to this case between the City and MSLI have been found in the City’s recordsor are filed
against the property.
There have been three planning cases pertaining to the property since the approval ofPC 77-027:
Planning Case 87-025: a site plan amendment was granted allowing for the expansion of
the existing parking lot on the site.
Planning Case 04-004: a sign standard adjustment was approved allowing for additional
wall signage on the office building.
Planning Case 09-020: a conditional use permit was approved allowing for the placement
of a telecommunication antenna on the property.
Discussion
Residential Buffers
One of the major issues raised bythe Planning Commission and City Council in their review of
PC 77-027 was the provision of an adequate buffer between the proposed commercial office use
and existing residential areas.MSLIdedicated the 7.5 acres of parklandspecifically to act as a
bufferfor the residential neighborhoods located south andeast of the property.This parcel along
with an Outlot located in the Hunters Park development formed the Crepeau Nature Preserve. In
addition to the park dedication, a 100 foot wide public easementon the property’s eastern edge
was granted to the City for pedestrian and bicycle purposes. This strip of land, whichruns south
from the end of Pine Tree Drive to the Crepeau Nature Preserve, also acts as a buffer between
the Hunters Park development and the Country Financial property.
The intent for the4.5acre parcel in the southwest cornerof the site was toeitherplat the
property for residential development or to keep it in its natural state. On the preliminary site plan,
MSLI showed four residential parcels around a cul-de-sac at the end of Dunlap Street. Thelayout
of the parcels and street was meant to ensure that Dunlap Street would not be extended north
through the property.To date, this property has not been platted and due to the presence of
numerous wetlands, the site may be largely undevelopable.
Conditions of Approval
The main concerns raised by the Planning Commission in their review of PC 77-027pertained to
residential buffer areas and landscaping. The City Council approved the rezoning of the property
to R-B, with the exception that an easterly border, 100 feet in width, remainR-1.Through
negotiations between the City and MSLI, in the end this area was zoned R-Band the company
put in place a permanent public easement along the eastern border.
No additional conditions related to the development of the site were approved by the Councilin
1977.One concern brought up during the public hearing for the case was that MSLI could
develop the site further. It was noted by a Planning Commissioner that the property owner would
need to apply fora Special Use Permit Amendment in order to expand on the site. This
requirement still applies today; the current property owner would need to go through the
applicable city review process, either a Planned Unit Development or Site Plan Review.
(reserved for recording information)
CITY OF ARDEN HILLS
RAMSEY COUNTY, MINNESOTA
CONDITIONAL USE PERMITAND DEVELOPMENT
CONTRACT
1.Permit.
Subject to the terms and conditions set forth herein, the City of Arden Hills
hereby grants a conditional use permit to Bethel University for the following use:
Higher education use of up to 189,804 square feet at the existing office building located at 2
Pine Tree Drive in Arden Hills. The higher education use may include administrative offices,
general and specialized classrooms, meeting rooms, common spaces, and other general educational
and related purposes.
2.Property.
The permit is for the following described property ("subject property") in
the City of Arden Hills, Ramsey County, Minnesota:
Legal Descriptions and land survey as attached as Exhibit A.
1
3.Conditions.
A. The Permit for the proposed use is issued subject to full compliance by Bethel University of the
following terms and conditions:
1.That the project shall be completed in accordance with the plans submitted as amended
by the conditions of approval. Any significant changes to these plans, as determined by
the City Planner, shall require review and approval by the Planning Commission and City
Council.
2.That the permitted use shall exclusively pertain to the existing building that is 189,804
square feet in size. Any additional buildings, facilities, recreational fields or structures
shall require City Approval.
3.That a trail connection shall be provided to address pedestrian movements between the
University’s east and west campuses. That the applicant shall work with the City to
determine the best route to ensure safe pedestrian and bicycle movements.
4.That bus transit between the two campuses shall beprovided to accommodate class
schedules at the University.
5.That no traditional undergraduate programs shall be implemented on the site until a
shuttle service is operational between the two campuses.
6.That bicycle parking shall be provided at a minimum of one (1) space per ten (10) vehicle
parking spaces.
7.That vehicle parking on the site shall be provided at a minimum of (1) space per 250
square feet of gross floor area.
8.That a lighting plan shall be submitted and approved by the City and the Ramsey County
Sheriff.
9.That loading/unloading zones and shuttle service routes shall be consistent with the
recommendations made by SRF Consulting during the Traffic Study and Parking
Analysis.
10.That the applicant will apply for City approval for any changes to exterior signage.
11.That the applicant will request an amendment to the conditional use permit for any
increase in intensity of the higher education use.
12.That all Building Code and Fire Marshal requirements shall be met prior to occupancy of
each area being remodeled
13.That Bethel shall contribute up to $800,000 over a period of years toward a City
constructed trail between the main campus and the new off-campus siteas required above
and detailed below.
B. Trail improvement conditions and agreement. The City approves the conditional use for
institutional or educational use of the Property on the condition that Bethel University enter into a
development contract committing to financially contribute to the construction by the City of a
2
pedestrian trail connecting its main campus to the Property approved by this Conditional Use
Permit. The Parties hereby agree that:
The City will complete construction ofa six to eight-foot, off-road bike/pedestrian trail
no later than 2018.
The trail will be built from west entrance to Bethel, south along the west side of Old
Snelling to County Road E, and then either on the north or south side of County Road E.
Final placement is dependent on MnDOT decision regarding placement of the trail on the
County Road E bridge over Highway 51.
Bethel will be responsible for any trail connections on their properties.
Bethel will contribute up to $800,000 towards the cost of the trail to be paid beginning in
2016 as follows:
2016-$50,000
o
2017-$50,000
o
2018-$100,000
o
2019-$100,000
o
2020-$100,000
o
2021-$100,000
o
2022-$150,000
o
2023-$150,000
o
Payment shall be made no later than January 31 of each year, and Bethel may prepay any
or all scheduled payments.
3
If the cost of the trail is less than $800,000, the last payment above will be reduced
accordingly.
The City will provide to Bethel any pertinent construction or financing documents related
to the trail construction in the City’s possession upon request of Bethel.
4.Termination of Permit.
The City may revoke the permit following a public
hearing for violation of the terms of this permit, including any failure by Bethel to make the agreed
upon payments for the trail construction as specified in paragraph 3, above.
5.Lapse.
If within one year of the issuance of this permit Bethel has not commenced
the allowed use, this permit shall lapse.Bethel’s use of at least 20,000 square feet for higher
education, expected to commence in January 2014, will satisfy this condition.
6.Criminal Penalty, other Enforcement.
Both the owner and any occupant of the
subject property are responsible for compliance with this conditional use permit. Violation of the
terms of this conditional use permit is a criminal misdemeanor. The City may suspend or revoke
building or occupancy permits or seek other civil remedies for any violations of this Permit and
Contract.
4
Dated ____________________, 2013.
CITY OF ARDEN HILLS
BY: _______________________________
David Grant, Mayor
(SEAL)
AND _______________________________
Amy Dietl, City Clerk
STATE OF MINNESOTA)
( ss.
COUNTY OF RAMSEY)
The foregoing instrument was acknowledged before me this _______ day of
_______________, 2013, by ____________________ and by ____________________,
respectively the Mayor and CityAdministratorof the City of Arden Hills, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
__________________________________
5
Dated ____________________, 2013.
DEVELOPER:
BETHEL UNIVERSITY
BY: ______________________________________
Its:
STATE OF MINNESOTA)
( ss.
COUNTY OF RAMSEY)
The foregoing instrument was acknowledged before me this ________ day of ______________,
2013, by __________________________________ the ___________________ of Bethel University, a
Minnesota _____________ , on behalf of said _____________.
______________________________________________
NOTARY PUBLIC
DRAFTED BY:
CK
AMPBELL NUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
JJJ
6
Exhibit A
Legal Description
Parcel 1:
All of the Northwest one-quarter of the Northeast one-quarter (NW 1/4 of NE 1/4) of Section 34,
Township 30 North, Range 23 West, except the following five (5)
A) The West one hundred twenty (W. 120) feet of the East three hundred forty-seven (E. 347) feet of the
North two hundred eighty-three (N. 283) feet thereof; and
B) The North three hundred forty-three (N. 343) feet thereof lying West of a line, being a contin
the Westerly line projected on a Southerly direction, of the West one hundred twenty
the East three hundred forty-seven (E. 347) feet of the North two hundred eighty-three (N. 283) feet of
said NW 1/4 of NE 1/4.
C) That part of the East 100 feet of the Northwest Quarter of the Northeast Quarter of Section 34,
Township 30, Range 23 West, which lies South of the extended Sou-of-way line of Harriet Avenue
as said line is shown in the plat of Hunter's Park Fourth Additi
D) That part of the Northwest Quarter of the Northeast Quarter of Section 34, Township 30, Range
bounded by the following described line:
Beginning at a point on the East line of said Northwest Quarter
1,395.75 feet Northerly from the Southeast corner of the Southwest Quarter of the Northeast Quarter
of said Section 34, thence Westerly 70.00 feet at right angles t
with said West line to a line parallel with and distant 43.00 fene of said
Northwest Quarter of the Northeast Quarter; thence Easterly alon
of said Northwest Quarter of the Northeast Quarter; thence South
beginning.
E) The East 347 feet of the North 343 feet of the Northwest Quarter of the Northeast
of NE 1/4) of Section 34, Township 30, Range 23 according to the
thereof, Ramsey County, Minnesota; excepting therefrom any part ned in the deeded
legal description to the City of Arden Hills in Warranty Deed da
Document No. 2000781 which deeded legal description is described
That part of the Northwest Quarter of the Northeast Quarter of Section 34, Township 30, Range 23,
bounded by the following described line:
Beginning at a point on the East line of said Northwest Quarter
1,395.75 feet Northerly from the Southeast corner of the Southwerter of the Northeast Quarter
of said Section 34; thence Westerly 70.00 feet at right angles t
with said East line to a line parallel with and distant 43.00 fe
Northwest Quarter of the Northeast Quarter; thence Easterly along last said p
of said Northwest Quarter of the Northeast Quarter; thence South
beginning.
Ramsey County, Minnesota
Abstract Property
Parcel 2:
The Southwest Quarter of the Northeast Quarter of Section 34, To
part taken for Josephine Hills No. 3, and also except that part
described as follows:
Beginning at the most Northerly corner of Lot 1, Block 12, Josephine Hills No. 3,
degrees 12 minutes 00 seconds East, 30 feet; thence North 03 deg
84.83 feet; thence North 75 degrees 49 minutes 18 seconds East 6ore or less, to the East
line of said Southwest Quarter of the Northeast Quarter, and the
thereof taken for highway purposes by the State of Minnesota and
Torrens Property
Torrens Certificate No. 521161
ARDEN HILLS PLANNING COMMISSION –October 9, 20136
Community Development Intern Bachler reviewed the options available to the Planning
Commission on this matter:
1.Recommend Approval as Submitted.
2.Recommend Approval with Changes.
3.Recommend Denial.
4.Table.
Chair Larson openedthe floor to Commissioner comments.
Commissioner Holewa requested further information on the differences between a conditional
use permit and a conditional accessory use permit.
Community Development Intern Bachler indicated a conditional accessory use was seen as an
accessory to the principle use on the property. He further reviewed the conditional accessory
uses throughout the City.
Chair Larson opened the public hearing for Ordinance 2013-009at 6:58p.m.
Chair Larson invited anyone for or against the application to come forward and make comment.
There being no comment Chair Larson closed the public hearing at 6:59p.m.
Commissioner Holewamoved and Commissioner Zimmerman seconded a motion to
recommend of Ordinance Number 2013-009 for amendments to Section 1305.04 and
Section 1320 of the Zoning Code related to the proposed Parks and Open Space District as
presented in the October 9,2013, report to the Planning Commission. The motion carried
unanimously (6-0).
Chair Larson opened the public hearing for Ordinance 2013-010 at 7:02 p.m.
Chair Larson invited anyone for or against the application to come forward and make comment.
There being no comment Chair Larson closed the public hearing at7:03p.m.
Commissioner Holewamoved and Commissioner Hamesseconded a motion to recommend
of Ordinance Number 2013-010 for amendments to Section 1320 of the Zoning Code
related to the proposed Conservation District as presented in the October 9, 2013, report to
the Planning Commission. The motion carried unanimously (6-0).
B.Planning Case 13-013;CUP Higher Education;Bethel University;2 Pine Tree Drive
–Public Hearing
City Planner Streff stated the applicant has requested aConditional Use Permit to allow higher
education as the principal use within the facility located at 2 Pine Tree Drive (County Financial
Building).
ARDEN HILLS PLANNING COMMISSION –October 9, 20137
City Planner Streff indicated the City has received a proposal from Bethel University to obtain a
conditional use permit to allow higher education as the principal use of the property at 2 Pine
Tree Drive. The University has negotiated a purchase agreement in order to acquire the property
from Country Financial, contingent on the approval of a conditional use permit that would allow
the entire facility to be used for higher education and other general administrative uses. If
approved this site would function as the east Campus for Bethel University.
City Planner Streff explained the applicant has applied to expand the higher educational use at 2
Pine Tree Drive toencompass the entire 189,804 square foot facility. Their objective is to
purchase the building,and as leases expire, fully occupy the structure within 5 to 15 years. Bethel
University has a plan toslowlyexpand their higher education uses, including administrative
offices, general andspecialized classrooms, meeting rooms and other general educational uses
into the space. BethelUniversity previously obtained a conditional use permit (Planning Case
#13-008) from the Cityto occupy approximately 26,000 square feet of the County Financial
building for highereducation. The approval was granted for higher education but requires the
University to seekadditional approval for any expansion or intensification of the use.
City Planner Streff stated the property located at 2 Pine Tree Drive is currently owned by Mutual
Services Life InsuranceCompany (c/o Country Life Insurance Company) also known as Country
Financial. Theproperty is generally positioned north of Lake Josephine, south of County Road E,
east ofHighway 51/Snelling Avenue and west of Lexington Avenue. The property consists of
three (3)parcels that total approximately forty-three (43) acres. Of the three (3) continuous
parcels onlythe northern two have associated functions that currently relate to the proposed
principle use ofthe property. The northern parcel which is 21.52 acres in size contains the access
road off ofPine Tree Drive and the majority of the surface parking. The center parcel which is
19.16 acresin size contains the one (1) existing building and a small fraction of the surface
parking. Theremaining undeveloped parcel to the south is 2.43 acres in size and is made up of
mainlywoodlands and wetlands.
City Planner Streff commented the property is located within the B-2 General Business District,
where higher educational usesare permitted by conditional use permit. The property includes a
five (5) story, 189,804 squarefoot multi-tenant office building, of which 181,432 is rentable. At
this time approximately75,000 square feet of the building is occupied by Country Financial and
other tenants of thebuilding. Approximately sixty percent (60%) of the building is currently
vacant.
According to the information provided by Bethel University the property would have a diverse
mixture of normal daytime office uses along with both daytime and evening classes. The
University is planning for a mix of transportation modes to be used between the two campuses,
including shuttle service, carpooling, personal vehicles, walking and biking. Shuttle services to
and from the main campus would be provided to the students, guests, faculty and administration
staff on a daily basis. A pedestrian and bicycle trail connecting the two campuses is also a desire
of the University in order to provide safe routes for their entire student body.
City Planner Streff reported classes at the Pine Tree location would be held between the hours of
7:00 am and 5:00pm, Monday through Friday. Evening classes would also be offered and would
generally bebetween the hours of 5:00 pm and 9:00 pm, Monday through Thursday. Peak
classroom usage,Monday through Friday, is between 350 and 500 students during daytime hours
ARDEN HILLS PLANNING COMMISSION –October 9, 20138
and peaksbetween 240 and 375 students during the evening hours, Monday through Thursday.
As shownby the applicant, two scenarios have been developed to understand the use of the Pine
TreeCampus in terms of its student, faculty and administrative populations. Scenario 1 indicates
thelikely use of the facility at full capacity would be 797 people/seats. This scenario accounts for
237 staff or faculty and 560 classroom seats. Scenario 2 suggests the maximum capacity of the
facility would be 873 people/seats. This scenario indicates that 203 staff or faculty and 670
classroom seats would utilize the facility.
City Planner Streff commented the current surface parking lot on the property consists of
approximately 777 parking spaces, orroughly one (1) space per 260 square feet of gross building
area. The zoning ordinance statesthat one (1) space per 250 square feet of gross floor area is
required for business and professionaloffice uses. Bethel has prepared a class scheduling
analysis indicating how their staggeredclassroom usage mitigates the parking concern on the
property.
Site Data
Future Land Use Plan:CMU: Commercial Mixed Use
Existing Land Use:Commercial
Zoning:B-2: General Business District
Current Lot Sizes:43.11 acres (3 Parcels -2 Pine Tree Drive, 12 Pine Tree Drive, and
4300Dunlap Street N) with a 189,804 square foot office building
Topography:Relatively flat
City Planner Streff reviewed the surrounding area, the Plan Evaluation andthe Conditional Use
Permit Evaluation Criteria.
City Planner Streff provided the Findings of Fact for review:
General Findings:
1.The applicant is proposing a use of higher education for the facility located at 2 Pine Tree
Drive.
2.The proposed use within 5-15 years will encompass the entire building which is 189,804
square feet.
3.Higher education uses are permitted by conditional use permit within the B-2 General
Business District.
4.No additional buildings or facilities are being planned for this property at this time.
5.In order to provide safe pedestrian movements between campuses a trail will need to be
constructed.
6.The property consists of three (3) parcels of land totaling 43.11 acres.
7.That approximately 777 surface parking spaces exist on the property.
8.The proposed use will not increase the occupancy beyond the original design of the
building.
9.That no changes in lot coverage, landscaping, setbacks or height are being proposed.
Conditional Use Permit Evaluation Findings:
1.The proposed use will occupy the existing building and parking areas during both
daytime and evening hours for students, administration staff and faculty. Shared parking
on the site will be used for other weekday office users.
ARDEN HILLS PLANNING COMMISSION –October 9, 20139
2.The proposal will have minimal impacts on noise, glare, odors, vibration, smoke, dust, air
pollution, heat, liquid and solid waste.
3.The proposal will not affect drainage on the property.
4.The proposed use will not affect the population density on the property beyond the
original occupancy design of the building.
5.The proposed land use complies with the intent of the zoning ordinance and is compatible
with uses and structures on surrounding property.
6.The proposal is unlikely to significantly affect land values on the subject property or on
neighboring properties.
7.The park dedication requirement does not apply in this application.
City PlannerStreff stated the findings of fact for this conditional use permit request support a
recommendation for approval. If the Planning Commission chooses to make a recommendation
for denial, the Findings of Fact would need to be amended to reflect the reasonsfor the denial.
If the Planning Commissionrecommends approval on this conditional use permit, Staff
recommends the following twelve conditions:
1.That the project shall be completed in accordance with the plans submitted as amended
by the conditions of approval. Any significant changes to these plans, as determined by
the City Planner, shall require review and approval by the Planning Commission and City
Council.
2.That the permitted use shall exclusively pertain to the existing building that is 189,804
square feet in size. That any additional buildings, facilities, recreational fields or
structures shall require City Approval.
3.That a trail connection shall be provided to address pedestrian movements between the
University’s east and west campuses. That the applicant shall work with the City to
determine the best route to ensure safe pedestrian and bicycle movements.
4.That bus transit between the two campuses shall be provided to accommodate class
schedules at the University.
5.That no undergraduate programs shall be implemented on the site until the trail
connection between the two campuses is complete.
6.That bicycle parking shall be provided at a minimum of one (1) space per ten (10) vehicle
parking spaces.
7.That vehicle parking on the site shall be provided at a minimum of (1) space per 250
square feet of gross floor area.
8.That a lighting plan shall be submitted and approved by the City and the Ramsey County
Sheriff.
9.That loading/unloading zones and shuttle service routes shall be consistent with the
recommendations made by SRF Consulting during the Traffic Study and Parking
Analysis.
10.That the applicant will apply for City approval for any changes to exterior signage.
11.That the applicant will request an amendment to the conditional use permit for any
increase in intensity of the higher education use.
12.That all Building Code and Fire Marshal requirements shall be met prior to occupancy of
each are being remodeled.
City Planner Streff reviewed the options availableto the Planning Commission on this matter:
ARDEN HILLS PLANNING COMMISSION –October 9, 201310
1.Recommend Approval with Conditions.
2.Recommend Approval as Submitted.
3.Recommend Denial.
4.Table.
Chair Larson openedthe floor to Commissioner comments.
Commissioner Stodola asked how a trail connection would be completed between the two
campuses.
Community Development Director Hutmacher clarified that there was a gap in the trail at this
time. She explained the City understood the importance of safetravel for under graduates
traveling between Bethel University and the 2 Pine Tree Drive site. She indicated staff would
continue to work with Bethel representatives on this issue. She reported this work may not be
completed until the County Road E bridge was improved. She noted it was MnDOT’s intention
to have a pedestrian lane that would cross the County Road E bridge.
Chair Larson reiterated that staff has recommended no undergraduate students be allowed on the
2 Pine Tree Drive property until the trail connection was complete.
Commissioner Zimmerman questioned why this condition was suggested when Bethel was
willing to shuttle students between campuses.
City Planner Streff explained this was Bethel’s intention and recommended by staff for safety
reasons.
Commissioner Hames asked if Bethel had considered future building expansions on the 2 Pine
Tree Drive property.
City Planner Streff indicated after speaking with the applicant, nothing was being planned at this
time. He commented any future development would have to be reviewed and approved by the
City.
Commissioner Hames inquired who would maintain the walking trails currently located on the 2
Pine Tree Drive property.
City Planner Streffreported these trails were private and would be the responsibility of Bethel
University.
Commissioner Bartelquestioned if Bethel University had any graduate students currently living
on campus.
Chair Larson recommended this question be directed to the applicant. He suggested the traffic
study be presented at this time.
Matt Sinew, SRF, discussed the traffic study with the Commission for the proposed development
by Bethel University at 2 Pine Tree Drive. He reviewed the existing traffic conditions along with
ARDEN HILLS PLANNING COMMISSION –October 9, 201311
the anticipated future traffic forecasts.In addition, impacts to the adjacent intersections were
analyzed. He reported Bethel University was proposing to occupy the space in three phases and
this was taken into consideration in the traffic study.
Mr. Sinew reviewed how traffic would flow in and out of the site noting the majority of cars
would comefrom the west. He noted County Road E bridge was planned for reconstruction by
MnDOT in 2015. He reported Phase 2 of Bethel’s plan would begin in 2018, with Phase 3
conditions taking place in 2025. It was reported the Intersection of County Road D/E was the
only concern.
Mr. Sinew provided comment on the amount of parking spaces available at the 2 Pine Tree Drive
site. He noted the current peak parking for this location was 240 spaces. His study found that
the current 777 parking spaces were more than adequate to meet the future demands for this
property. The proposed shuttle service and suggested driving route was then discussed.
Mr. Sinew reviewed the available pedestrian and bike facilities that would serve the property. He
pointed out the gaps within the trail system that would have to be addressed prior to the
establishment of Phase 2. It was noted the proposed route was approximately 1.5 miles from
Bethel’s campus. More direct routes were available but Bethel would need to receive approval
from the railroad.
Commissioner Hames questioned what hours of the day were used in the traffic study for peak
traffic times.
Mr. Sinew explained he used peak hours of 7:15 a.m. to 8:15 p.m. and 4:30 p.m. to 5:30 p.m.
Commissioner Bartel questioned when the traffic study was completed.
Mr. Sinew indicated the traffic data was collected in late September, which meant schools were
in session.
Commissioner Hames indicated this area would be drastically impacted in 2015 when the County
Road E bridge was reconstructed.
Community Development Director Hutmacher stated this was the case. The bridge was
anticipated to be out for three to six months during one construction season.
Mr. Sinew reported that MnDOT would be responsible for mitigating the traffic issues and would
establish detour routes.
Commissioner Stodola questioned if Highway 96 would be ready for use in 2015.
City Planner Streff commented this area would be open for traffic in November of 2013.
Kathleen Nelson, Senior Vice President for Finance and Administration for Bethel University,
thanked the Commission for considering the University’s request this evening. She addressed
several of the questions raised this evening and discussed the conversations she had with staff
regarding the importance of a trail connection. She expected this issue would receive a great deal
ARDEN HILLS PLANNING COMMISSION –October 9, 201312
of attention going forward. She preferred the pedestrian route along Old Snelling and County
Road E. She suggested that Condition #5 read no “traditional”undergraduate programs be
implemented on this site until the trail connection was complete.
Ms. Nelson stated Bethel had no plans for additional buildings on this property as it would take
10 to 15 years for the University to occupy the current buildings. She reported the main campus
had no graduate students living on campus.
Commissioner Holewa asked if Bethel required freshmen and sophomores to live on campus.
Ms. Nelson commented freshmen were required to live on campus unless living at home with a
parent.After that time, students could elect to stay on campus or move off campus. She
indicated 67% of students choose to live on campus.
Commissioner Holewa questioned when Bethel University would take ownership of the Pine
Tree property.
Ms. Nelson explained Bethel University would be closing on the property by year endif the City
approves the conditional use permit.
Commissioner Zimmerman inquired how Bethel would manage the current leases on the
property.
Ms. Nelson stated Bethel would honor allof the existing leases in place and would continue to
operate the property as a multi-tenant building. She reported the space was currently 60%
vacant.
Commissioner Bartel suggested the City more closely define the term “traditional undergraduate
student” within the conditions.
Ms. Nelson discussed the differences between traditional undergrads and non-traditional
undergrads in the masters program.
Chair Larson found this to be an operational item for Bethel and did not need to be regulated by
the City. He questioned if the office space design on the Pine Tree campus would properly suit
Bethel’s needs.
Ms. Nelson commented this has been considered by the leadership team and the space would fit
well into Bethel’s future plans.
Chair Larson opened the public hearing at 8:23p.m.
Chair Larson invited anyone for or against the application to come forward and make comment.
Robert Woodburn, 1220 Ingerson Court, discussed the history of the 2 Pine Tree Drive parcel
and the surrounding land uses. He wanted to see the surroundingresidents and village protected
from increased traffic and noise, while still allowing the neighbors to use the private trails. Mr.
ARDEN HILLS PLANNING COMMISSION –October 9, 201313
Woodburn also expressed concern with Bethel’s future on the Pine Tree site and if additional
buildings would be constructed.
Pauline Richards, 3544 Glen Arden Road, stated she lived one block from Snelling Avenue and
County Road E. She found this intersection to be dangerous and thought the proposed use on the
Pine Tree property would further aggravate the traffic in this area.
There being no additional comment Chair Larson closed the public hearing at 8:35p.m.
Commissioner Holewa asked if Condition 5 needed to be amended prior to approval this
evening.
Chair Larson thought it would be reasonable for the Commission to amend this condition.
Commissioner Zimmerman agreed that Condition 5 should be amended to read “traditional
undergraduate programs”.
Commissioner Hames suggested traditional programs not be allowed on the Pine Tree campus
until the shuttle service was available.
Ms. Nelson explained adult classes would be offered at the Pine Tree site in Phase I. She
reported a shuttle service would not be in place until Phase II of the project when traditional
student programs were located on the Pine Tree campus. She estimated that Phase II of Bethel’s
plans would not begin until 2014 or 2015.
Commissioner Zimmerman questioned how Condition 5 should read.
Ms. Nelson suggested this condition read that no traditional undergraduate programs shall be
implemented on this site until a shuttle service is implemented between the main campus and
Pine Tree campus.
The Commission agreed to this language and directed staff to amend Condition 5.
Commissioner Holewamoved and Commissioner Zimmermanseconded a motion to
recommend approval of Planning Case 13-013for a Conditional Use Permit at 2 Pine Tree
Drivebased on the findings of fact and the submitted plans, as amended by the 12
conditions in theOctober 9,2013, report to the Planning Commission. The motion carried
unanimously (6-0).
C.Planning Case 13-0016;Variance;1226 Ingerson Road–Not aPublic Hearing
City Planner Streff stated the applicant has requested a two (2) variances for the proposed project
located at 1226 Ingerson Road.
1) The first variance is being requested to exceed the Floor Area Ratio (FAR) by 313
square feet.
NEW BUSINESS
MEMORANDUM
DATE:
October 28, 2013
TO:
Honorable Mayor and City Councilmembers
Patrick Klaers, City Administrator
FROM:
Matthew Bachler, Community Development Intern
SUBJECT: Planning Case #13-004
Zoning Code Amendment Parks and Open Space District and
Conservation District
Requested Action
1.Approve Ordinance 2013-009 for amendments to Section 1305.04 and Section 1320 of the
Zoning Code related to the proposed Parks and Open Space District as presented in the
October 28, 2013, Report to the City Council.
2.Approve Publishing a Summary of Ordinance 2013-009.
3.Approve Ordinance 2013-010 for amendments to Section 1320 of the Zoning Code related to
the proposed Conservation District as presented in the October 28, 2013, Report to the City
Council.
4.Approve Publishing a Summary of Ordinance 2013-010.
Background
The Future Land Use Map in the Arden Hills Comprehensive Plan designates 529 acres of land
as (Attachment C). This land use is defined
acres. The Ramsey County Parks and Recreation Department manages 11 parcels totaling 338
acres. The remaining land is owned by several entities, including the City, Ramsey County, the
State of Minnesota, and private property owners/homeowners associations. Existing uses on
these lands include trails, stormwater easement ponds, and single family homes.
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a second land use designation applied to open space areas in the City. Park
park preserve, all of which are located on the Arden Hills Army Training Site.
Currently there are no districts designated specifically for parks or open space areas in the
Zoning Code (Attachment E). These facilities are integrated into residential or business zoning
districts. Minnesota State law mandates that local zoning codes be consistent with adopted
comprehensive plans. Establishing a Parks and Open Space District and a Conservation District
would help the City meet this requirement. Further, the new districts will assist in the
implementation of
the Zoning Code.
Summary of Proposed Ordinance Amendments and Additions
Staff has prepared Ordinance 2013-009 for a Parks and Open Spaces (POS) District and
Ordinance 2013-010 for a Conservation District. A draft version of the ordinances was presented
at the May 28, 2013, City Council work session. The discussion at that meeting focused on the
types of uses that should be allowed in the districts, appropriate special regulations, and how to
address privately owned parks. Staff has attempted to incorporate the concerns raised at this
meeting into the revised ordinances.
The POS District reflects the goals of the Parks and Open Space District in the Comprehensive
Plan and would be applied to City and County Parks. This district could also be appropriate for
City-owned parcels that are being used as public open space or that might be incorporated into
s park system in the future.
The Conservation District corresponds with the Park Preserve District in the Comprehensive
Plan. In its current draft, it could only be applied to the Arden Hills Army Training Site
(AHATS). It should be noted that this case only includes amendments to the zoning code and no
rezoning of any property is being proposed at this time. Staff has provided a hypothetical
illustration of the Zoning Map if the new districts were to be applied (Attachment F).
If adopted, Ordinance 2013-009 and Ordinance 2013-010 would amend or add regulations to two
chapters of the Zoning Code:
A.1305.04 Definitions (new definition)
B.1320 District Provisions (new regulations)
A general discussion on the changes to each chapter is outlined in the sections below. The
ordinances are included in Attachments A and B.
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1305.04 Definitions
While there is currently a land use category s
that the specific uses associated with City and County-owned parks should be distinguished from
the broader category of public uses.
The Zoning Code provides the following existing definition for a public use:
The use of any lot, parcel of land and any structure or building thereon exclusively for
public purposes by any department or branch of government, federal, state, county or
city, excluding independent school districts, without reference to the ownership of said
lot, parcel of land, building or structure.
Staff is proposing to add a definition to the Zto differentiate
these uses from other types of public uses. Park facilities are listed as a permitted use in the
Parks and Open Space District. All other public uses are allowed as conditional uses.
The propose
The use of any lots or parcel of land and any structure or building thereon for public
active and passive recreation purposes by the Arden Hills Parks and Recreation
Department or the Ramsey County Parks and Recreation Department.
No new or revised definitions have been proposed for the Conservation District.
1320 District Provisions
1320.04 Purpose
The District purpose statement is meant to outline the specific reasons for why the City is
adopting a set of land use regulations. Cities are granted considerable leeway in establishing land
use regulations as long as their intent is to address public health, safety, and/or welfare concerns.
The primary purpose of the Parks and Open Space District is to create land use regulations that
support the parks and open spaces managed by Arden Hills or Ramsey County. Setting aside
land for recreational uses addresses public health and welfare concerns through supporting
community health, promoting ecological stewardship, and conserving environmental resources.
The Conservation District would only apply to AHATS, which is owned by the federal
government. Recognizing that portions of the site could be transferred to private parties in the
future, the purpose of the Conservation District is to ensure that any future development on the
property is staged and that a sustainable level of public expenditures for utilities and services is
maintained.
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1320.05 Land Use Chart
The land use chart lists the permitted and conditional uses in all zoning districts. If a use is not
listed, it is automatically prohibited.
The chart below lists permitted and conditional uses in the Parks and Open Space District:
Permitted Use Conditional Use Conditional Use (Accessory)
Park Facilities Public Uses Telecommunication
antennas, dishes, or
Utility Distribution Utility Transmission
towers
Lines Lines
The chart below lists permitted and conditional uses in the Conservation District:
Permitted Use Conditional Use Conditional Use (Accessory)
(Accessory)
Utility Distribution Public Uses Telecommunication
Lines antennas, dishes, or
towers
Utility Transmission
Lines
Given the size of the AHATS property, the City Attorney advised listing utility distribution lines
as a permitted accessory use so that the City can better manage the placement of distribution
lines which may impact future uses or development on the property.
1320.06 District Requirements Chart
The district requirement chart lists the basic requirements for the development of a lot, such as
minimum lot area, setbacks, and lot coverage. No minimum lot area has been set for the Parks
and Open Space District or the Conservation District. The lot coverage and setback requirements
for the new districts reflect the existing requirements for residential districts. City and
County owned parks are currently zoned either R-1 (Single Family Residential) or R-2 (Single
and Two Family Residential) and are therefore already subject to the district requirements being
proposed for the Parks and Open Space District.
1320.145 Special Requirements for the Parks and Open Space District
Some zoning districts have additional special requirements that need to be met. These
requirements may include standards on development, design, or permitted uses. For the Parks
and Open Space District, two provisions are included in the special requirement section, one on
conditional uses in the district and the other on development standards. The first directs the City
Council to evaluate conditional use applications on the compatibility of the proposed use with
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the natural features and recreational amenities found on the site, along with the conditional use
evaluation criteria established in Section 1355.04 Subd. 3.
The second provision would allow the City to require certain performance standards if in its
review of development plans it concludes that potential impacts on natural features will require
mitigation.
1320.15 Special Requirements for the Conservation District
The special requirements section for the Conservation District includes one provision regarding
permitted uses. It states that in addition to the permitted uses specified in the land use chart, any
facility, building, use, or activity controlled by the Minnesota National Guard or the Army
Reserve on AHATS is permitted. Municipal governments do not have the authority to regulate
land use or development on federally-owned lands. While the City may zone AHATS as it sees
fit, those land use regulations are not enforceable. The purpose of including this provision is to
acknowledge that these land uses will be present on AHATS regardless of the other requirements
for the Conservation District found in the Zoning Code.
Findings of Fact
The Planning Commission reviewed Planning Case 13-004 at the October 9, 2013, regular
meeting, and offers the following findings of fact:
1.The City Council approved the Arden Hills 2030 Comprehensive Plan on September 28,
2009.
2.The proposed Parks and Open Space District is in substantial conformance with the Parks
and Open Space District defined in the Arden Hills 2030 Comprehensive Plan and Future
Land Use Map.
3.The proposed Conservation District is in substantial conformance with the Parks Preserve
District defined in the Arden Hills 2030 Comprehensive Plan and Future Land Use Map.
4.The proposed Parks and Open Space District and Conservation District would work
toward implementing goals and recommended policies in the Arden Hills 2030
Comprehensive Plan.
5.The proposed Parks and Open Space District and Conservation District would work
toward bringing the City in compliance with Minnesota State law, which mandates that
local zoning codes are consistent with adopted comprehensive plans.
Recommendation
The Planning Commission reviewed Planning Case 13-004 at the October 9, 2013, regular
meeting, and unanimously recommended approval of Ordinance 2013-009 for amendments to
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Section 1305.04 and Section 1320 of the Zoning Code related to the proposed Parks and Open
Space District, a as presented in the October 28, 2013, Report to the City Council.
The Planning Commission reviewed Planning Case 13-004 at the October 9, 2013, regular
meeting, and unanimously recommended approval of Ordinance 2013-010 for amendments to
Section 1320 of the Zoning Code related to the proposed Conservation District as presented in
the October 28, 2013, Report to the City Council.
Requested Action
1.Approve Ordinance 2013-009 for amendments to Section 1305.04 and Section 1320 of the
Zoning Code related to the proposed Parks and Open Space District as presented in the
October 28, 2013, Report to the City Council.
2.Approve Publishing a Summary of Ordinance 2013-009.
3.Approve Ordinance 2013-010 for amendments to Section 1320 of the Zoning Code related to
the proposed Conservation District as presented in the October 28, 2013, Report to the City
Council.
4.Approve Publishing a Summary of Ordinance 2013-010.
Options
1.Approve the ordinances as submitted.
2.Approve the ordinances with changes.
3.Deny the ordinances with reasons for denial.
4.Table for additional information.
Attachments
A.Ordinance 13-009 (Proposed Sections 1305.04 Subd. 140, 1320.04 Subd.18, 1320.06,
1320.07, and 1320.145)
B.Ordinance 13-010 (Proposed Sections 1320.04 Subd. 19, 1320.06, 1320.07, and 1320.15)
C.Arden Hills Future Land Use Map
D.City of Arden Hills Official Zoning Map
E.Arden Hills Zoning Map, including proposed Parks and Open Space District and
Conservation District
F.Draft Planning Commission Minutes, October 9, 2013
G.Report to the Planning Commission, October 9, 2013
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Attachment A
ORDINANCE NO. 2013-009
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 2013-009
AN ORDINANCE ADDING THE DEFINITION, PURPOSE, LAND USE CHART,
DISTRICT REQUIREMENTS CHART, AND SPECIAL REQUIREMENTS FOR THE
POS PARKS AND OPEN SPACE DISTRICT
The Arden Hills City Council hereby ordains that Section 1305.04 Subd 140 shall be added and
subsequent subdivisions renumbered accordingly; Section 1320.04 Subd 18 shall be added;
Sections 1320.05 and 1320.06 and its subdivisions are hereby amended; and Section 1320.145
shall be added to the Arden Hills City Code to read as follows:
1305.04Definitions.
Subd. 140
Park Facilities. The use of any lots or parcel of land and any structure or
building thereon for public active and passive recreation purposes by the Arden Hills
Parks and Recreation Department or the Ramsey County Parks and Recreation
Department.
1320.04Purpose of Districts.
Subd. 18
POS Parks and Open Space District.
A.To support the Arden Hills Parks, Trails, and Open Space Plan and the
Ramsey County Parks and Recreation System Plan.
B.To provide an area for publicly owned lands that have recognized outdoor
recreational or open space resources.
C.To support community health through the provision of active and passive
outdoor recreational opportunities.
D.To promote natural and ecological stewardship.
E.To conserve vital environmental resources.
1
ORDINANCE NO. 2013-009
1320.05Land Use Chart.
Zoning Districts:
R1R2R3R4NBB1B2B3B4CCGBI1I-2I-FLEXMRPOS
MB
Uses:
Antenna, Dish or Tower
CACACACACACACACACACACACACACACACACA
Boarding house
CCCC======C====
Brewpub
CCCC
Business service
========APPPCPPPPP
Clinic, medical office
========PPPPPCPPPPP
Club or lodge
(nonprofit)
========PPP==C====P
Club, sports & fitness
========APPPCPPPP
Commercial recreation - indoor
========PPP==PP
Daycare Facility, over 10
PPPPPPPPPP
Daycare, family - 10 or less
AAAAAAA
Daycare, group family - 14 or less
CACACACACACACA
Dog kennel
========CC======
Dog run
AAA============A
Drive-up windows
========CCCA==CA
Dry cleaning & laundry, pick-up station
========CAA==A==P
Dry cleaning & laundry, self-service laundry
C==CC==========
Dwelling: density zoning
DDDD========P==
Dwelling: multiple family
====CCCC====CC==P==
Dwelling: single-family attached
CCDDP====
Dwelling: singlefamily detached
PPPP==========P====
Dwelling: twofamily
CCPPC==========P====
Dwelling: live-work unit
========CC====
Financial institution & service
========PPPPPCPPPP==P
Garage, truck
================CC====
Home occupation: Class I
AAAAAAA==
Home occupation: Class II
CACACACACA======C====CA==
Hospital
D
Hotel/motel
========CPCCC==CP
House of worship
CCCCCCCCCCCP
Manufactured home park
====C====================
Manufacturing & processing: Class I
AAAPPPP==C
Manufacturing & processing: Class II
================P====
Microbrewery
CCCCCC
Microdistillery
CCCCCC
Mortuary, funeral home
========PP==C======C
Multiple occupancy building
========CCCCCCCCCC==P
Nursery
CCCC============CA
Nursing home and assisted living
CCCCDC========CP
2
ORDINANCE NO. 2013-009
POS
R1R2R3R4NBB1B2B3B4CCGBI1I-2I-FLEXMRMB
Uses:
Office
========PPPPPPPPPPP
Park Facilities
P
Pawn shop
Personal services
CAPPPCPAP
Public use
C
CCCCCCCCCCCCCCPP
Research and development facility
CPCCCPPPPP
Research animals
CCCP
Residence Hall, dormitory
======CCD==============CP
Residential facility, state licensed, serving 1-6
PPPPPP==========P
Residential facility, state licensed, serving 7-16
CCCCCCC
Restaurant and restaurant-fast food
========CAPPPCPCCP
Retail sales & service
========PAPPPCAAAAP
School, general education
CCCC======C====CP
School, higher education
D======CC==CC====CP
School, specialized education
========CCCCC====CP
Service station
========CC==CCCC
Storage, exterior
==================CA
Studio
========CCPPPC====P
Theater, indoor
========ACP==C====P
Utility distribution line
P
PPPPPPPPPPPPPPP
Utility substation
================CCCC
Utility transmission
C
CCCCCCCCCCCCCCC
========CC======C
Vehicle - motorized, service
========CC======C
Warehousing
========AAAACPPCA
3
ORDINANCE NO. 2013-009
1320.145 Special Requirements for the Parks and Open Space District.
Subd. 1 Procedure. The application and the administrative and review procedure
established in Section 1355.04 Subd 3, Conditional Use Permits shall be followed for all
development that requires a Conditional Use Permit. This provision is subject to any
modifications or additions set forth in this Section.
Subd. 2 Conditional Uses. In addition to the evaluation criteria established in Section
1355.04 Subd. 3, applications for conditional uses within the POS District will be
evaluated by the City Council based on the following consideration:
A. The compatibility of the proposed use with the natural features and
recreational amenities of the Parks and Open Space District area.
Subd. 3 Development Standards. If the City determines in its review of site and
building plans for developments within the District that the protection of natural features
requires certain performance standards, the City may require additional development
standards to protect those features.
5
ORDINANCE NO. 2013-009
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 28 day of
October, 2013.
DAVID GRANT, MAYOR
ATTEST:
PATRICK KLAERS
CITY ADMINISTRATOR
Publication Date: November 6, 2013
6
ORDINANCE NO. 2013-010
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 2013-010
AN ORDINANCE ADDING THE PURPOSE, LAND USE CHART, DISTRICT
REQUIREMENTS CHART, AND SPECIAL REQUIREMENTS FOR THE
CD CONSERVATION DISTRICT
The Arden Hills City Council hereby ordains that Section 1320.04 Subd 19 shall be added;
Sections 1320.05 and 1320.06 and its subdivisions are hereby amended; and Section 1320.15
shall be added to the Arden Hills City Code to read as follows:
1320.04Purpose of Districts.
Subd. 19
CD Conservation District
A.federally owned lands on the Arden Hills Army
Training Site to ensure that future development is staged, maintains a sustainable
level of public expenditures for utilities and services, and protects those areas
generally determined to be unsuitable for development due to the presence of
wetlands, floodplains, steep slopes, certain drainage and soil conditions, and
critical wildlife habitat.
1
ORDINANCE NO. 2013-010
1320.05Land Use Chart.
Zoning Districts:
R1R2R3R4NBB1B2B3B4CCGBI1I-2I-FLEXMRCD
MB
Uses:
Antenna, Dish or Tower
CACACACACACACACACACACACACACACACACA
Boarding house
CCCC======C====
Brewpub
CCCC
Business service
========APPPCPPPPP
Clinic, medical office
========PPPPPCPPPPP
Club or lodge
(nonprofit)
========PPP==C====P
Club, sports & fitness
========APPPCPPPP
Commercial recreation - indoor
========PPP==PP
Daycare Facility, over 10
PPPPPPPPPP
Daycare, family - 10 or less
AAAAAAA
Daycare, group family - 14 or less
CACACACACACACA
Dog kennel
========CC======
Dog run
AAA============A
Drive-up windows
========CCCA==CA
Dry cleaning & laundry, pick-up station
========CAA==A==P
Dry cleaning & laundry, self-service laundry
C==CC==========
Dwelling: density zoning
DDDD========P==
Dwelling: multiple family
====CCCC====CC==P==
Dwelling: single-family attached
CCDDP====
Dwelling: singlefamily detached
PPPP==========P====
Dwelling: twofamily
CCPPC==========P====
Dwelling: live-work unit
========CC====
Financial institution & service
========PPPPPCPPPP==P
Garage, truck
================CC====
Home occupation: Class I
AAAAAAA==
Home occupation: Class II
CACACACACA======C====CA==
Hospital
D
Hotel/motel
========CPCCC==CP
House of worship
CCCCCCCCCCCP
Manufactured home park
====C====================
Manufacturing & processing: Class I
AAAPPPP==C
Manufacturing & processing: Class II
================P====
Microbrewery
CCCCCC
Microdistillery
CCCCCC
Mortuary, funeral home
========PP==C======C
Multiple occupancy building
========CCCCCCCCCC==P
Nursery
CCCC============CA
Nursing home and assisted living
CCCCDC========CP
2
ORDINANCE NO. 2013-010
CD
R1R2R3R4NBB1B2B3B4CCGBI1I-2I-FLEXMRMB
Uses:
Office
========PPPPPPPPPPP
Pawn shop
Personal services
CAPPPCPAP
Public use
C
CCCCCCCCCCCCCCPP
Research and development facility
CPCCCPPPPP
Research animals
CCCP
Residence Hall, dormitory
======CCD==============CP
Residential facility, state licensed, serving 1-6
PPPPPP==========P
Residential facility, state licensed, serving 7-16
CCCCCCC
Restaurant and restaurant-fast food
========CAPPPCPCCP
Retail sales & service
========PAPPPCAAAAP
School, general education
CCCC======C====CP
School, higher education
D======CC==CC====CP
School, specialized education
========CCCCC====CP
Service station
========CC==CCCC
Storage, exterior
==================CA
Studio
========CCPPPC====P
Theater, indoor
========ACP==C====P
Utility distribution line
A
PPPPPPPPPPPPPPP
Utility substation
================CCCC
Utility transmission
C
CCCCCCCCCCCCCCC
========CC======C
Vehicle - motorized, service
========CC======C
Warehousing
========AAAACPPCA
3
ORDINANCE NO. 2013-010
1320.15 Special Requirements for the Conservation District.
Subd. 1 Procedure. The application and the administrative and review procedure
established in Section 1355.04 Subd 3, Conditional Use Permits shall be followed for all
development that requires a Conditional Use Permit.
Subd. 2 Permitted Uses. Permitted uses are allowed as specified on the Land Use Chart,
Section 1320.05. The following uses are also permitted:
A.Any facility, building, or structure controlled by either the Minnesota
National Guard or Army Reserve located on the Arden Hills Army
Training Site.
B.Any use or activity carried out by either the Minnesota National Guard
or the Army Reserve on the Arden Hills Army Training Site.
5
ORDINANCE NO. 2013-010
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 28 day of
October, 2013.
DAVID GRANT, MAYOR
ATTEST:
PATRICK KLAERS
CITY ADMINISTRATOR
Publication Date: November 6, 2013
6
Arden Hills 2030 Future Land Use Map
Attachment D
VLDR - Very Low Density Residential
LDR - Low Density Residential
MDR - Medium Density Residential
HDR - High Density Residential
MR - Mixed Residential
NB - Neighborhood Business
CMU - Community Mixed Use
COM - Commercial
MB - Mixed Business
I/O - Light Industrial and Office
P/I - Public & Institutional
UTL - Utility
P/OS - Park and Open Space
PP - Park Preserve
RR - Railroad right-of-way
ROW - Right-of-Way
WAT - Water
Adopted: September 28, 2009
Last Updated: June 25, 2013
Arden Hills Zoning Map
M-B - Mixed Business
M-R - Mixed Residential
R-1 - Single Family Residential
R-2 - Single & Two Family Residential District
R-3 - Townhouse & Low Density Multiple Dwelling District
R-4 - Multiple Dwelling District
B-1 - Limited Business District
B-2 - General Business District
B-3 - Service Business District
B-4 - Retail Center District
N-B - Neigborhood Business
C-C - Civic Center District
G-B - Gateway Business
I-1 - Limited Industrial District
I-2 - General Industrial District
I-FLEX District
Railroad
Right-of-Way
Water
Adopted: April 12, 1993
Last Updated: July 29, 2013
Arden Hills Zoning Map with
Proposed Parks and Open Space District
and Conservation District
POS - Parks and Open Space District (Proposed)
CD - Conservation District (Proposed)
M-B - Mixed Business
M-R - Mixed Residential
R-1 - Single Family Residential
R-2 - Single & Two Family Residential District
R-3 - Townhouse & Low Density Multiple Dwelling District
R-4 - Multiple Dwelling District
B-1 - Limited Business District
B-2 - General Business District
B-3 - Service Business District
B-4 - Retail Center District
N-B - Neigborhood Business
C-C - Civic Center District
G-B - Gateway Business
I-1 - Limited Industrial District
I-2 - General Industrial District
I-FLEX District
Railroad
Right-of-Way
Water
*The zoning district designations represented on
this map do not correspond to the City of Arden
Hills official Zoning Map.
Prepared by:
City of Arden Hills
Community Development Department
October 3, 2013
Data Sources:
* Ramsey County
* City of Arden Hills
Attachment F
Approved:
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, OCTOBER 9, 2013
6:30 P.M. - ARDEN HILLS CITY HALL
PLANNING CASES
A.Planning Case 13-004; Zoning Code Amendment; Parks & Open Space Public
Hearing
Community Development Intern Bachler stated in September of 2009, the City Council adopted
als
contained in the plan address protecting and developing open space and recreational amenities:
Chapter 6 - Land Use:
Evaluate and amend the land use regulations to achieve the highest possible
development standards, enhance the natural environment, protect public health,
support a vital mix of land uses, and promote flexible approaches to implement
the Comprehensive Plan.
Provide a balanced mix of residential, park, open space, and commercial land
uses.
Chapter 9 Parks and Recreation:
Develop, maintain, and encourage the use of a system of neighborhood parks and
pathways that are safe and engaging.
Protect and maintain access to lakes, marshes, and wooded areas for active and
passive recreation.
Chapter 10 Protected Resources:
Devel
trees, lakes, wetlands, and other unique or significant natural resources.
Community Development Intern Bachler explained that in the Comprehensive Plan, the Future
Land Use Map designates a total of 65 parcels covering
as public parks, which cover 153
acres. Ramsey County Parks and Recreation manages an additional 11 parcels of land totaling
338 acres. The remaining parcels are owned by several entities, including the City, Ramsey
County, the State of Minnesota, and private property owners/homeowners associations. Existing
uses on these lands include trails, municipal utilities, stormwater easement ponds, and single-
ARDEN HILLS PLANNING COMMISSION October 9, 20132
family homes.
City. Park Preserve is defined in
scenic areas
categorized as park preserve in the plan, all of which are located on the Arden Hills Army
Training Site (AHATS) on the eastern portion of the former TCAAP property. Currently there
are not districts specifically designated for parks or open space areas within the Zoning Code
(Attachment E). These facilities are integrated into residential or business-oriented zoning
districts as permitted or conditional uses. Minnesota State law mandates that local zoning codes
are consistent with adopted comprehensive plans. Establishing a Parks and Open Space District
and a Conservation District would help the City meet this requirement. Further, the new districts
land use
objectives within the Zoning Code.
Community Development Intern Bachler commented staff has prepared a draft of Ordinance
Number 2013-009 for a Parks and Open Spaces (POS) District and Ordinance Number 2013-010
for a Conservation (CD) District. Preliminary versions of the drafts were presented at the April 3,
2013, Planning Commission regular meeting, the April 15, 2013, Parks, Trails, and Recreation
Committee meeting, and the May 28, 2013, City Council work session. The discussion at each
meeting focused on what types of uses should be allowed in the districts, special regulations that
should be adopted, and how to address privately owned parks and open spaces (Attachments G,
H, and I). Staff has attempted to incorporate the concerns raised at these meetings into the current
drafts of the ordinances. The proposed POS district would reflect the goals for the Parks and
Open Space District identified in the Comprehensive Plan and could be applied to City and
County Parks in Arden Hills. Additionally, this district could be appropriate for City-owned
parcels that are either being used as public open space or that might be incorporated into the
Preserve District in the Comprehensive Plan, and in its current draft could only be applied to the
Arden Hills Army Training Site. It should be noted that no rezoning of any property is being
proposed at this time. Staff has provided a hypothetical illustration of the Zoning Map if the new
districts were to be applied. If adopted, Ordinance Number 2013-009 and Ordinance Number
2013-010 would amend or add regulations to two chapters of the Zoning Code:
A.1305.04 Definitions (new definition)
B. 1320 District Provisions (new regulations)
1305.04 Definitions
Community Development Intern Bachler explained staff is proposing to add a definition to the
that the uses specifically associated with City and County-owned parks should be distinguished
from the broader category of public uses. The Zoning Code provides the following definition for
public use:
The use of any lot, parcel of land and any structure or building thereon exclusively for
public purposes by any department or branch of government, federal, state, county or
city, excluding independent school districts, without reference to the ownership of said
lot, parcel of land, building or structure.
ARDEN HILLS PLANNING COMMISSION October 9, 20133
No new or revised definitions have been proposed for the Conservation District.
1320 District Provisions
1320.04 Purpose
The District purpose statement is meant to outline the specific reasons for why the City is
adopting a particular set of land use regulations. Cities are granted considerable leeway in
establishing land use regulations as long as there is a clear intent in the regulations to address
public health, safety, and/or welfare concerns.
The primary purpose of the Parks and Open Space District is to create land use regulations that
support and are specific to the parks and open spaces managed by Arden Hills or Ramsey
County. Setting aside land for active and passive recreational uses addresses public health and
welfare concerns through supporting community health, promoting ecological stewardship, and
conserving environmental resources.
The Conservation District would apply only to AHATS, which is owned by the federal
government. Recognizing that portions of the site could be transferred to private entities in the
future, the purpose of creating the Conservation District is to ensure that any future development
on the property is staged and that a sustainable level of public expenditures for utilities and
services is maintained.
1320.05 Land Use Chart
The land use chart lists the permitted and conditional uses in all zoning districts. If a use is not
listed, it is automatically prohibited. In the Parks and Open Space District, permitted uses would
include park facilities and utility distribution lines. Conditional uses in this district would include
public uses, utility transmission, and antenna, dish, or tower uses. In the Conservation District,
utility distribution lines would be the only permitted use. Conditional uses in the district would
include public uses, utility transmission and antenna, dish, or tower uses.
1320.06 District Requirements Chart
The district requirement chart lists the basic requirements for the development of a lot, such as
minimum lot area, setbacks, and lot coverage. No minimum lot area or lot size has been set for
either the Parks and Open Space or Conservation Districts. The lot coverage and setback
owned parks are currently zoned either R-1 (Single Family Residential) or R-2 (Single and Two
Family Residential) and are therefore already subject to the district requirements being proposed
for the Parks and Open Space District.
1320.145 Special Requirements for the Parks and Open Space District
Some zoning districts have additional special requirements that need to be met. These
requirements may include standards on development, design, or permitted uses. For the Parks
and Open Space District, two provisions are proposed for the special requirement section, one on
ARDEN HILLS PLANNING COMMISSION October 9, 20134
conditional uses in the district and the other on development standards. The first would direct the
City Council to evaluate conditional use applications on the compatibility of the proposed use
with the natural features and recreational amenities found on the site, along with the conditional
use evaluation criteria established in Section 1355.04 Subd. 3. The second would allow the City
to require certain development standards if in its review of development plans it concludes that
potential impacts on natural features will require mitigation.
1320.15 Special Requirements for the Conservation District
The special requirements section for the Conservation District includes one provision regarding
permitted uses. It states that in addition to the permitted uses specified in the land use chart, any
facility, building, use, or activity controlled by the Minnesota National Guard or the Army
Reserve on AHATS is permitted. Municipal governments do not have the authority to regulate
land use or development on federally-owned lands. While the City may zone AHATS as they see
fit, those land use regulations are not enforceable. The purpose of including this provision is to
acknowledge that these land uses will be present on AHATS regardless of the other requirements
for the Conservation District found in the Zoning Code.
Community Development Intern Bachler offered the following five (5) findings of fact for
consideration:
1. The City Council approved the Arden Hills 2030 Comprehensive Plan on September 28,
2009.
2. The proposed Parks and Open Space District is in substantial conformance with the Parks
and Open Space District defined in the Arden Hills 2030 Comprehensive Plan and Future
Land Use Map.
3. The proposed Conservation District is in substantial conformance with the Parks Preserve
District defined in the Arden Hills 2030 Comprehensive Plan and Future Land Use Map.
4. The proposed Parks and Open Space District and Conservation District would work
toward implementing goals and recommended policies in the Arden Hills 2030
Comprehensive Plan.
5. The proposed Parks and Open Space District and Conservation District would work
toward bringing the City in compliance with Minnesota State law, which mandates that
local zoning codes are consistent with adopted comprehensive plans.
Community Development Intern Bachler recommends approval of Ordinance Number 2013-009
in Planning Case 13-004 for amendments to 1305.04 and Section 1320 of the Zoning Code
related to the proposed Parks and Open Space District as presented in the October 9, 2013
planning case report.
Community Development Intern Bachler recommends approval of Ordinance Number 2013-010
in Planning Case 13-004 for amendments to Section 1320 of the Zoning Code related to the
Conservation District as presented in the October 9, 2013 planning case report. If the Planning
Commission would like to make changes to the ordinances, those changes can be included with a
motion to approve. If the Planning Commission makes a recommendation on this planning case,
it will likely go before the City Council at their October 28, 2013 regular meeting.
ARDEN HILLS PLANNING COMMISSION October 9, 20135
Community Development Intern Bachler reviewed the options available to the Planning
Commission on this matter:
1.Recommend Approval as Submitted.
2.Recommend Approval with Changes.
3.Recommend Denial.
4.Table.
Chair Larson opened the floor to Commissioner comments.
Commissioner Holewa requested further information on the differences between a conditional
use permit and a conditional accessory use permit.
Community Development Intern Bachler indicated a conditional accessory use was seen as an
accessory to the principle use on the property. He further reviewed the conditional accessory
uses throughout the City.
Chair Larson opened the public hearing for Ordinance 2013-009 at 6:58 p.m.
Chair Larson invited anyone for or against the application to come forward and make comment.
There being no comment Chair Larson closed the public hearing at 6:59 p.m.
Commissioner Holewa moved and Commissioner Zimmerman seconded a motion to
recommend of Ordinance Number 2013-009 for amendments to Section 1305.04 and
Section 1320 of the Zoning Code related to the proposed Parks and Open Space District as
presented in the October 9, 2013, report to the Planning Commission. The motion carried
unanimously (6-0).
Chair Larson opened the public hearing for Ordinance 2013-010 at 7:02 p.m.
Chair Larson invited anyone for or against the application to come forward and make comment.
There being no comment Chair Larson closed the public hearing at 7:03 p.m.
Commissioner Holewa moved and Commissioner Hames seconded a motion to recommend
of Ordinance Number 2013-010 for amendments to Section 1320 of the Zoning Code
related to the proposed Conservation District as presented in the October 9, 2013, report to
the Planning Commission. The motion carried unanimously (6-0).
MEMORANDUM
4.A
DATE:
October 9, 2013
PC Agenda Item
TO:
Planning Commission
FROM:
Matthew Bachler, Community Development Intern
SUBJECT: Planning Case #13-004 - This application requires a PUBLIC HEARING
Request:
Zoning Code AmendmentParks and Open Space District and
Conservation District
Action Requested
Approve Ordinance Number 2013-009 for amendments to Section 1305.04 and Section 1320 of
the Zoning Code related to the proposed Parks and Open Space District. Approve Ordinance
Number 2013-010 for amendments to Section 1320 of the Zoning Code related to the proposed
Conservation District.
Background
In September of 2009, the City Council adopted the Arden Hills 2030 Comprehensive Plan. The
and priorities. Several policies and goals contained in the plan address protecting and developing
open space and recreational amenities:
Chapter 6 - Land Use:
Evaluate and amend the land use regulations to achieve the highest possible development
standards, enhance the natural environment, protect public health, support a vital mix of
land uses, and promote flexible approaches to implement the Comprehensive Plan.
Provide a balanced mix of residential, park, open space, and commercial land uses.
Chapter 9 Parks and Recreation:
City of Arden Hills
Planning Commission Meeting for October 9, 2013
P:\Planning\Planning Cases\2013\PC 13-004 - Zoning Code Amendment - Parks and Open Space and Park
Preserve District (Pending)
Page 1 of 7
Develop, maintain, and encourage the use of a system of neighborhood parks and
pathways that are safe and engaging.
Protect and maintain access to lakes, marshes, and wooded areas for active and passive
recreation.
Chapter 10 Protected Resources:
Develop or enhance
lakes, wetlands, and other unique or significant natural resources.
In the Comprehensive Plan, the Future Land Use Map designates a total of 65 parcels covering
529 acres of land for use (Attachment C). The plan defines this land use
category as The City owns and maintains 19 of these parcels
as public parks, which cover 153 acres. Ramsey County Parks and Recreation manages an
additional 11 parcels of land totaling 338 acres. The remaining parcels are owned by several
entities, including the City, Ramsey County, the State of Minnesota, and private property
owners/homeowners associations (Attachment D). Existing uses on these lands include trails,
municipal utilities, stormwater easement ponds, and single family homes.
Park Preserve is also a land use designation applied to open space areas in the City. Park
Preserve is defined reas designated as natural or scenic areas
1,449 acres are categorized as
park preserve in the plan, all of which are located on the Arden Hills Army Training Site
(AHATS) on the eastern portion of the former TCAAP property (Attachment C).
Currently there are not districts specifically designated for parks or open space areas within the
Zoning Code (Attachment E). These facilities are integrated into residential or business-oriented
zoning districts as permitted or conditional uses. Minnesota State law mandates that local zoning
codes are consistent with adopted comprehensive plans. Establishing a Parks and Open Space
District and a Conservation District would help the City meet this requirement. Further, the new
districts will assist in the implementation of the Comprehensive Plan by solidifying
land use objectives within the Zoning Code.
Summary of Proposed Ordinance Amendments and Additions
Staff has prepared a draft of Ordinance Number 2013-009 for a Parks and Open Spaces (POS)
District and Ordinance Number 2013-010 for a Conservation (CD) District. Preliminary versions
of the drafts were presented at the April 3, 2013, Planning Commission regular meeting, the
April 15, 2013, Parks, Trails, and Recreation Committee meeting, and the May 28, 2013, City
Council work session. The discussion at each meeting focused on what types of uses should be
allowed in the districts, special regulations that should be adopted, and how to address privately
City of Arden Hills
Planning Commission Meeting for October 9, 2013
P:\Planning\Planning Cases\2013\PC 13-004 - Zoning Code Amendment - Parks and Open Space and Park
Preserve District (Pending)
Page 2 of 7
owned parks and open spaces (Attachments G, H, and I). Staff has attempted to incorporate the
concerns raised at these meetings into the current drafts of the ordinances.
The proposed POS District would reflect the goals for the Parks and Open Space District
identified in the Comprehensive Plan and could be applied to City and County Parks in Arden
Hills. Additionally, this district could be appropriate for City-owned parcels that are either being
used as public open space or that might be incorporat
The Conservation District would correspond with the Park Preserve District in the
Comprehensive Plan, and in its current draft could only be applied to the Arden Hills Army
Training Site. It should be noted that no rezoning of any property is being proposed at this time.
Staff has provided a hypothetical illustration of the Zoning Map if the new districts were to be
applied (Attachment F).
If adopted, Ordinance Number 2013-009 and Ordinance Number 2013-010 would amend or add
regulations to two chapters of the Zoning Code:
A.1305.04 Definitions (new definition)
B.1320 District Provisions (new regulations)
A general discussion on the changes to each chapter is outlined in the sections below. The
ordinances are included in their entirety in Attachments A and B.
1305.04 Definitions
would be a
permitted use in the Parks and Open Space District. While there is currently a definition for
pecifically associated with City
and County-owned parks should be distinguished from the broader category of public uses. The
Zoning Code provides the following definition for public use:
The use of any lot, parcel of land and any structure or building thereon exclusively for
public purposes by any department or branch of government, federal, state, county or
city, excluding independent school districts, without reference to the ownership of said
lot, parcel of land, building or structure.
No new or revised definitions have been proposed for the Conservation District.
1320 District Provisions
1320.04 Purpose
City of Arden Hills
Planning Commission Meeting for October 9, 2013
P:\Planning\Planning Cases\2013\PC 13-004 - Zoning Code Amendment - Parks and Open Space and Park
Preserve District (Pending)
Page 3 of 7
The District purpose statement is meant to outline the specific reasons for why the City is
adopting a particular set of land use regulations. Cities are granted considerable leeway in
establishing land use regulations as long as there is a clear intent in the regulations to address
public health, safety, and/or welfare concerns.
The primary purpose of the Parks and Open Space District is to create land use regulations that
support and are specific to the parks and open spaces managed by Arden Hills or Ramsey
County. Setting aside land for active and passive recreational uses addresses public health and
welfare concerns through supporting community health, promoting ecological stewardship, and
conserving environmental resources.
The Conservation District would apply only to AHATS, which is owned by the federal
government. Recognizing that portions of the site could be transferred to private entities in the
future, the purpose of creating the Conservation District is to ensure that any future development
on the property is staged and that a sustainable level of public expenditures for utilities and
services is maintained.
1320.05 Land Use Chart
The land use chart lists the permitted and conditional uses in all zoning districts. If a use is not
listed, it is automatically prohibited. In the Parks and Open Space District, permitted uses would
include park facilities and utility distribution lines. Conditional uses in this district would include
public uses, utility transmission, and antenna, dish, or tower uses. In the Conservation District,
utility distribution lines would be the only permitted use. Conditional uses in the district would
include public uses, utility transmission and antenna, dish, or tower uses.
1320.06 District Requirements Chart
The district requirement chart lists the basic requirements for the development of a lot, such as
minimum lot area, setbacks, and lot coverage. No minimum lot area or lot size has been set for
either the Parks and Open Space or Conservation Districts. The lot coverage and setback
requirements reflect the existing requirements for the Citresidential districts. City and County
owned parks are currently zoned either R-1 (Single Family Residential) or R-2 (Single and Two
Family Residential) and are therefore already subject to the district requirements being proposed
for the Parks and Open Space District.
1320.145 Special Requirements for the Parks and Open Space District
Some zoning districts have additional special requirements that need to be met. These
requirements may include standards on development, design, or permitted uses. For the Parks
and Open Space District, two provisions are proposed for the special requirement section, one on
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conditional uses in the district and the other on development standards. The first would direct the
City Council to evaluate conditional use applications on the compatibility of the proposed use
with the natural features and recreational amenities found on the site, along with the conditional
use evaluation criteria established in Section 1355.04 Subd. 3. The second would allow the City
to require certain development standards if in its review of development plans it concludes that
potential impacts on natural features will require mitigation.
1320.15 Special Requirements for the Conservation District
The special requirements section for the Conservation District includes one provision regarding
permitted uses. It states that in addition to the permitted uses specified in the land use chart, any
facility, building, use, or activity controlled by the Minnesota National Guard or the Army
Reserve on AHATS is permitted. Municipal governments do not have the authority to regulate
land use or development on federally-owned lands. While the City may zone AHATS as they see
fit, those land use regulations are not enforceable. The purpose of including this provision is to
acknowledge that these land uses will be present on AHATS regardless of the other requirements
for the Conservation District found in the Zoning Code.
Findings of Fact
Staff offers the following five (5) findings of fact for consideration:
1.The City Council approved the Arden Hills 2030 Comprehensive Plan on September 28,
2009.
2.The proposed Parks and Open Space District is in substantial conformance with the Parks
and Open Space District defined in the Arden Hills 2030 Comprehensive Plan and Future
Land Use Map.
3.The proposed Conservation District is in substantial conformance with the Parks Preserve
District defined in the Arden Hills 2030 Comprehensive Plan and Future Land Use Map.
4.The proposed Parks and Open Space District and Conservation District would work
toward implementing goals and recommended policies in the Arden Hills 2030
Comprehensive Plan.
5.The proposed Parks and Open Space District and Conservation District would work
toward bringing the City in compliance with Minnesota State law, which mandates that
local zoning codes are consistent with adopted comprehensive plans.
Notice
Notice on this planning case was published in the Arden Hills/Shoreview Bulletin.
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Public Comments
The City has not received any public comments regarding this planning case.
Staff Recommendation
Staff recommends approval of Ordinance Number 2013-009 and Ordinance Number 2013-010.
If the Planning Commission would like to make changes to the ordinance, those changes can be
included with a motion to approve.
Options & Proposed Motion Language
1.Recommend Approval as Submitted: Motion to recommend approval of Ordinance Number
2013-009 for amendments to Section 1305.04 and Section 1320 of the Zoning Code related
to the proposed Parks and Open Space District, and motion to recommend approval of
Ordinance Number 2013-010 for amendments to Section 1320 of the Zoning Code related to
the proposed Conservation District as presented in the October 9, 2013, planning case report.
2.Recommend Approval with Changes: Motion to recommend approval of Ordinance Number
2013-009 for amendments to Section 1305.04 and Section 1320 of the Zoning Code related
to the proposed Parks and Open Space District, and motion to recommend approval of
Ordinance Number 2013-010 for amendments to Section 1320 of the Zoning Code related to
the proposed Conservation District as presented in the October 9, 2013, planning case report
with the following changes.
3.Recommend Denial: Motion to recommend denial of Ordinance Number 2013-009 for
amendments to Section 1305.04 and Section 1320 of the Zoning Code related to the proposed
Parks and Open Space District, and motion to recommend denial of Ordinance Number
2013-010 for amendments to Section 1320 of the Zoning Code related to the proposed
Conservation District as presented in the October 9, 2013, planning case report: findings to
deny should specifically reference the reasons for denial and why those reasons cannot be
mitigated.
4.Table: Motion to table Ordinance Number 2013-009 for amendments to Section 1305.04 and
Section 1320 of the Zoning Code related to the proposed Parks and Open Space District, and
motion to table Ordinance Number 2013-010 for amendments to Section 1320 of the Zoning
Code related to the proposed Conservation District as presented in the October 9, 2013,
planning case report: a specific reason and information request should be included with a
motion to table.
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Attachments
A.Ordinance Number 13-009 (Proposed Sections 1305.04 Subd. 140, 1320.04 Subd.18,
1320.06, 1320.07, and 1320.145)
B.Ordinance Number 13-010 (Proposed Sections 1320.04 Subd. 19, 1320.06, 1320.07, and
1320.15)
C.Arden Hills 2030 Future Land Use Map
D.Arden Hills 2030 Future Land Use Map, Parks and Open Space District Parcel
Ownership and Use Map
E.City of Arden Hills Official Zoning Map
F.Arden Hills Zoning Map including proposed Parks and Open Space District and
Conservation District
G.Planning Commission Minutes, April 3, 2013
H.Parks, Trails, and Recreation Committee Minutes, April 15, 2013
I.City Council Work Session Minutes, May 28, 2013
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