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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. 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ctober 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, City of Arden Hills City CouncilMeeting for October 28, 2013 P:\Planning\Planning Cases\2013\PC 13-016 -Variance_1226 Ingerson RD\Memos_Reports_13-016 Page 1of 6 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 City of Arden Hills City CouncilMeeting for October 28, 2013 P:\Planning\Planning Cases\2013\PC 13-016 -Variance_1226 Ingerson RD\Memos_Reports_13-016 Page 2of 6 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. City of Arden Hills City CouncilMeeting for October 28, 2013 P:\Planning\Planning Cases\2013\PC 13-016 -Variance_1226 Ingerson RD\Memos_Reports_13-016 Page 3of 6 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 City of Arden Hills City CouncilMeeting for October 28, 2013 P:\Planning\Planning Cases\2013\PC 13-016 -Variance_1226 Ingerson RD\Memos_Reports_13-016 Page 4of 6 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. City of Arden Hills City CouncilMeeting for October 28, 2013 P:\Planning\Planning Cases\2013\PC 13-016 -Variance_1226 Ingerson RD\Memos_Reports_13-016 Page 5of 6 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 City of Arden Hills City CouncilMeeting for October 28, 2013 P:\Planning\Planning Cases\2013\PC 13-016 -Variance_1226 Ingerson RD\Memos_Reports_13-016 Page 6of 6 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. 9 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. 10 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. 11 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. 12 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. 13 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. 14 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 15 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. 18 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. 19 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. 20 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. 21 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. 27 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. 28 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. 31 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 58 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 Page of 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 22 Page of 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 11 Page of 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 11 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: 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 11 Page of 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 Page 2of 9 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. 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 3of 9 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. 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 4of 9 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 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 5of 9 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. 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 6of 9 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. 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 7of 9 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. 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 8of 9 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 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 9of 9 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 City of Arden Hills Page 3 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 Ryan Streff October 4, 2013 City of Arden Hills Page 5 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. Ryan Streff October 4, 2013 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. Ryan Streff October 4, 2013 City of Arden Hills Page 7 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 Ryan Streff October 4, 2013 City of Arden Hills Page 8 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. Ryan Streff October 4, 2013 City of Arden Hills Page 12 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. Ryan Streff October 4, 2013 City of Arden Hills Page 13 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. _____________________________________________________________________________________________ City of Arden Hills City Council Meeting for October 28, 2013 P:\Planning\Planning Cases\2013\PC 13-004 - Zoning Code Amendment - Parks and Open Space and Park Preserve District (Pending)\CC Packet_(10-28-13)_13-004 Page 1 of 6 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. _____________________________________________________________________________________________ City of Arden Hills City Council Meeting for October 28, 2013 P:\Planning\Planning Cases\2013\PC 13-004 - Zoning Code Amendment - Parks and Open Space and Park Preserve District (Pending)\CC Packet_(10-28-13)_13-004 Page 2 of 6 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. _____________________________________________________________________________________________ City of Arden Hills City Council Meeting for October 28, 2013 P:\Planning\Planning Cases\2013\PC 13-004 - Zoning Code Amendment - Parks and Open Space and Park Preserve District (Pending)\CC Packet_(10-28-13)_13-004 Page 3 of 6 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 _____________________________________________________________________________________________ City of Arden Hills City Council Meeting for October 28, 2013 P:\Planning\Planning Cases\2013\PC 13-004 - Zoning Code Amendment - Parks and Open Space and Park Preserve District (Pending)\CC Packet_(10-28-13)_13-004 Page 4 of 6 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 _____________________________________________________________________________________________ City of Arden Hills City Council Meeting for October 28, 2013 P:\Planning\Planning Cases\2013\PC 13-004 - Zoning Code Amendment - Parks and Open Space and Park Preserve District (Pending)\CC Packet_(10-28-13)_13-004 Page 5 of 6 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 _____________________________________________________________________________________________ City of Arden Hills City Council Meeting for October 28, 2013 P:\Planning\Planning Cases\2013\PC 13-004 - Zoning Code Amendment - Parks and Open Space and Park Preserve District (Pending)\CC Packet_(10-28-13)_13-004 Page 6 of 6 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 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 4 of 7 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. 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 5 of 7 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. 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 6 of 7 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 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 7 of 7