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04-28-14-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 Councils 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.Recognition Of Girl Scout Gold Award Mayor Grant Documents:GIRL SCOUT AWARD RECOGNITION.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 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.Motion To Approve Claims And Payroll Sue Iverson, Director of Finance and Administrative Services Ariel Schmitz, Accounting Department Documents:MEMO.PDF 5.B.Planning Case 14 Rezoning Parks And Open Space Matthew Bachler, Associate 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 Planning Case 14 Rezoning Conservation District Matthew Bachler, Associate 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 Planning Case 14 PUD Amendment Hood Packaging Ryan Streff, City Planner Documents:CC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF, ATTACHMENT F.PDF 5.E.2014 1st Quarter Actuals Sue Iverson, Director of Finance and Administrative Services Kyle Howard, Finance Analyst Documents:MEMO.PDF,ATTACHMENT A.PDF 5.F.Hire Bolton And Menk For MS4 Requirements John Anderson, Assistant City Engineer Documents:MEMO.PDF,ATTACHMENT A.PDF 5.G.Approve Purchasing Policy Sue Iverson, Director of Finance and Administrative Services Documents:MEMO.PDF,ATTACHMENT A.PDF Approve Fund Balance Policy Sue Iverson, Director of Finance and Administrative Services Documents:MEMO.PDF,ATTACHMENT A.PDF Motion To Approve Hiring Public Works Seasonal Maintenance Workers Sue Iverson, Director of Finance and Administrative Services Amy Dietl, City Clerk Documents:MEMO.PDF Appointment Of Communications Committee Member Mayor Grant Documents:MEMO.PDF,ATTACHMENT A.PDF, ATTACHMENT B.PDF 5.K.Site Use Lease Agreement With New Cingular Wireless PCS, LLC, Fka ATandT John Anderson, Assistant City Engineer Documents:MEMO.PDF,ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF Adopt 2015 Budget Calendar Sue Iverson, Director of Finance and Administrative Services Documents:MEMO.PDF,ATTACHMENT A.PDF 5.M.Proclamation For National Police Week 2014 Patrick Klaers, City Administrator Documents:MEMO.PDF,PROCLAMATION.PDF Proclamation In Recognition Of Gregory Mack, Ramsey County Parks And Recreation Director Patrick Klaers, City Administrator 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 Under this Public Hearing section, citizens have an opportunity to discuss ideas regarding 7.A.National Pollutant Discharge Elimination System (NPDES) Annual Storm Water Meeting John Anderson, Assistant City Engineer Documents:MEMO.PDF 7.B.Presbyterian Homes Bond Refunding Sue Iverson, Director of Finance and Administrative Services John Utley, Bond Counsel with Kennedy and Graven, Chartered Documents:MEMO.PDF,ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF Planning Case 14 ROW And Easement Vacation City Of Arden Hills Ryan Streff, City Planner Documents:CC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF NEW BUSINESS 8.A.Planning Case 14 Preliminary And Final Plat City Of Arden Hills Ryan Streff, City Planner Documents:CC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF UNFINISHED BUSINESS 9.A.Round Lake Road Bids Terry Maurer, Public Works Director John Anderson, Assistant City Engineer Documents:MEMO.PDF,ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF COUNCIL/STAFF COMMENTS PUBLIC PRESENTATIONS Public inquiries/informational is an opportunity for citizens to bring to the Councils 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. PUBLIC HEARINGS April 28, 2014 Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator Jill Hutmacher, Community Development Director TCAAP Update Special and regular City Council work session meetings have been scheduled to discuss issues related to the Master Plan and City infrastructure. Discussion topics are tentatively planned as follows: April 28, 2014, Special Work Session following the regular meeting, Council Chambers I-35W/Highway 96 Interchange Design Status & Concept Review May 12, 2014, Special Work Session at 5:30 pm, Community Room Infrastructure Study Update and City Cost Participation Agreement City Utilities Financial Modeling May 19, 2014, Regular Work Session at 5:00 pm; Council Chambers Ramsey County Financial Model Residential Development and Densities Flex Space Land Use May 27, 2014 (Tuesday), Special Work Session at 5:30 pm, Community Room I-35W/Highway 96 Interchange Discussion June 9, 2014, Special Work Session at 5:30 pm, Community Room Discussion topics to be determined (infrastructure, regulations and policies, etc.) June 16, 2014, Regular Work Session at 5:00 pm, Council Chambers Review Revised Master Plan Review Aesthetics for I-35W Bridges Page of June 30, 2014, Special Work Session at 5:30 pm, Community Room Review Final AUAR and Mitigation Plan June 30, 2014, Regular Meeting at 7:00 pm, Council Chambers Approve Master Plan Municipal Consent for I-35W/Highway 96 July 14, 2014, Regular Work Session at 5:00 pm, Council Chambers Discussion topics to be determined (infrastructure, regulations and policies, etc.) July 21, 2014, Special Work Session at 5:30 pm, Community Room Discussion topics to be determined (infrastructure, regulations and policies, etc.) July 28, 2014, Regular Meeting at 7:00 pm, Council Chambers Approve Final AUAR and Mitigation Plan It is anticipated that additional regular and special work session meetings will be scheduled to discuss TCAAP issues. Future meeting topics will be defined as those dates draw nearer. Page of STAFF COMMENTS 3B MEMORANDUM DATE: April 28, 2014 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: John Anderson, Assistant City Engineer 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 April 28, 2014 Honorable Mayor and City CouncilMembers Patrick Klaers, City Administrator Sue Iverson, Director of Finance and Administrative Services, Ariel Schmitz, Accounting Department Claims & Payroll 2014 Payroll #9 ................................................................................. $ 76,495.25 Paid Claims (Check No 0 Sales and Use Tax) ....................................... $ 216.00 Paid Claims (Check 0 Aflac) ................................................................. $ 327.92 Paid Claims (Check No 43325-Check No 43351) ................................. $ 254,422.60 Paid Claims (Check No 43352-Check No 43385) ................................. $ 183,126.61 Page of CITY OF ARDEN HILLS PAYROLL # 9 CHECKS DATED:04/25/14 Biweekly:04/05/14-04/18/14 Payment Method EMPLOYEE DEDUCTIONSAMT.CITY BENEFIT EFT FIT6,554.73 SIT2,723.29 EFT 3,956.61 FICA Oasdi3,956.61 EFT 925.32 FICA Medicare925.32 EFT TOTAL TAXES14,159.954,881.93 A/P Check* Health Premium1,786.650.00 Dental Premium0.00 A/P Check* FSA Health Care Reimb.238.33 A/P Check* FSA Dependent Care Reimb.150.00 A/P Check* TOTAL FLEXIBLE SPENDING2,174.980.00 HSA Health Saving 616.940.00 EFT Health Care Savings Plan0.00 EFT Health Care Savings Plan-2%263.25 EFT Health Care Savings Plan-4%163.84 TOTAL HEALTH SAVINGS1,044.030.00 4,414.05 EFT PERA3,805.20 ICMA3,573.05341.04 EFT Central Pension Fund-Union614.40 A/P Check* EFT MN State Retirement System328.13 TOTAL RETIREMENT8,320.784,755.09 A/P Check* IUOE 49 Dues (Union)131.04 LTD/STD Insurance0.00 A/P Check* PERA Life Insurance32.00 A/P Check* Life/Addl/Dep Life124.450.00 A/P Check* MN Child Support145.82 EFT Public Employee Long Term Care 93.72 A/P Check* UNUM 83.86 A/P Check* AFLAC163.96 EFT Avesis-Vision Care5.22 A/P Check* TOTAL VOLUNTARY780.070.00 Total Employee Deductions26,479.81 Net Payroll718.67 PR Check # 17633-17634 Direct Deposit39,623.75 EFT Gross Payroll Tie-Out66,858.23 STD/LTD Gross - Up0.00 Plus City Paid Benefit9,637.02 ICMA Benefit Held0.00 TOTAL PAYROLL COST76,495.25 FICA TIE-OUT Gross Payroll66,858.23 Less Total FSA2,174.98 Plus Employer Match ICMA0.00 Plus ICMA Benefit Held0.00 Net P/R Subject to FICA64,683.25 FICA Oasdi @ 6.20%3,956.61 FICA Medicare @ 1.45%925.32 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. * A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report. 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E,.)$V*!"&)$J**#$8KGG:0@@ A "&)$H ,$<1* =$L 2(*,$4GGC:-$7077$8KGG:0@@ 4GGCF8679%,*2. 2$O&"*,#K$N! 7456:56784 F8767C?7G?84<."'$B&))$Q EE).*#<."'$B&))$Q EE).*#$GF089 F8GG8C?7G?84<."'$B&))$Q EE).*#<."'$B&))$Q EE).*#$9@08G A "&)$H ,$<1* =$L 2(*,$4GGCF-$7077$86:0G8 4GGCC7988V&2#*'$< !"'7456:56784 %+MO?8G4FFO&"*,$;&.!$V*E&.,O&"*,$;&.!$V*E&.,5;&, 1$%&,"#$GK78@0:: %+MO?8G49:;&, 1$%&,"#O&"*,$;&.!$V*E&.,5;&, 1$%&,"#$9097 A "&)$H ,$<1* =$L 2(*,$4GGCC-$7077$GK7690G: 4GGC98778QE,.!"5L*c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d .!"$>*X5%)&!!.!D$< 225<<$2"D#0$68:0:7 ;6744:<."'$< ! .)$;"D0d .!"$>*X5%)&!!.!D$< 225<<$2"D#0$G48099 ;6744:d .!"$>*X0$;**".!Dd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pril 28, 2014 TO: Honorable Mayor and City Council Patrick Klaers, City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #14-001 Request : Zoning Code Amendment Parks and Open Space District Rezoning Requested Action 1.Motion to approve Ordinance 14-004 in Planning Case 14-001 for an amendment to Section 1315.01 Zoning Map of the Arden Hills City Code related to the proposed Parks and Open Space District rezoning as presented in the April 28, 2014, Report to the City Council. 2.Motion to approve publishing a Summary of Ordinance 14-004 (4/5 vote required to approve). Background On November 25, 2013, the City Council approved Ordinance 2013-011, which established a Parks and Open Space District in the Zoning Code. Since then, staff has evaluated parcels within the City that should be rezoned as Parks and Open Space District based on the purpose of this zoning classification. The primary purpose of the Parks and Open Space District is to establish land use regulations that support the public parks and open spaces managed by the City of Arden Hills and Ramsey County. In addition, the Zoning Code states that properties zoned Parks and Open Space work to _________________________________________________________________________________________ City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-001 - Zoning Code Amendment - Parks and Open Space District Rezoning\Memos_14-001 14 Page of conserve environmental resources, promote ecological stewardship, and provide areas that support community health through the provision of active and passive recreational opportunities. Summary of Proposed Rezoning Staff has identified 38 parcels in the City that are appropriate for rezoning as Parks and Open Space (Attachments C and D). Of these parcels, 28 are owned by the City of Arden Hills. Twenty are currently used as active parkland and four are p. An additional four parcels owned by the City provide open space areas, but are not formally part of Lake; 3772 Brighton Way east of New Brighton Avenue and adjacent to Tony Schmidt Regional Park; installed a gateway sign; and 3208 Hamline Avenue North, which is a wetland parcel situated between Highway 51 and Lake Josephine. The remaining ten parcels are owned by the Ramsey County Parks and Recreation Department and are all included in the County park system. Eight of these properties comprise the Tony Schmidt Regional Park. The remaining two, the Marsden Archery Range and Rice Creek North Regional Trail, are on land formerly part of the Arden Hills Army Training Site. The proposed rezoning only includes land owned by the City of Arden Hills or Ramsey County. The Parks and Open Space District cannot be applied to privately owned land. The spreadsheet included in Attachment A lists the address, ownership, acreage, and current use for all 38 parcels. Consistency with the Arden Hills Comprehensive Plan In September of 2009, the City Council adopted the Arden Hills 2030 Comprehensive Plan. The policies and strategies use (Attachment E Currently, public parks and open space areas 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. The proposed Parks and Open Space District rezoning would help the City meet this requirement. Further, the rezoning will assist in the implementation of goals identified in the Land Use, Parks and Recreation, and Protected Resources chapters in the Comprehensive Plan. _________________________________________________________________________________________ City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-001 - Zoning Code Amendment - Parks and Open Space District Rezoning\Memos_14-001 24 Page of The remaining parcels designated as Parks and Open Space on the Future Land Use Map that are not included in the proposed rezoning do not meet the stated purpose of the Parks and Open Space District. These 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 properties include municipal utilities, stormwater easement ponds, private open spaces, and single family homes. Findings of Fact Cities have broad discretion when reviewing and adopting zoning regulations; however, as a tool s necessary to understand the connection between the two documents when reviewing amendments to the Zoning Code. The Planning Commission reviewed this case at their April 9, 2014, meeting and has offered the following findings of fact for consideration: 1.The proposed amendment would create greater consistency between the Official Zoning Code and the adopted Future Land Use Map. 2.The proposed amendment advances the land use goals because it assists in providing a balanced mix of residential, park, open space, and commercial land uses within the City. 3.The proposed amendment advances the parks and recreation goals because it helps to protect and maintain access to lakes, marshes, and wooded areas for active and passive recreation. 4.The proposed amendment advances the protected resources goals lakes, wetlands, and other unique or significant natural resources. Public Comments The City has received several phone calls regarding this planning case asking for clarification on the proposed rezoning. Generally, the comments received by staff have been supportive of the rezoning. Xcel Energy contacted staff regarding this case. The company has easements on several of the properties that will be rezoned and i line encroachment guidelines. Staff informed Xcel Energy that they were aware of these easements and that the City would coordinate with the company on any planned future activities or uses that might encroach on these easements. In general, Xcel Energy did not have any objections to the proposed rezoning. _________________________________________________________________________________________ City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-001 - Zoning Code Amendment - Parks and Open Space District Rezoning\Memos_14-001 34 Page of Recommendation The Planning Commission reviewed Planning Case 14-001 at the April 9, 2014, regular meeting, and recommended approval (5-1, Jones dissenting) of Ordinance 14-004 for an amendment to Section 1315.01 Zoning Map of the Arden Hills City Code related to the proposed Parks and Open Space District Rezoning as presented in the April 28, 2014, Report to the City Council. Requested Action 1.Motion to approve Ordinance 14-004 in Planning Case 14-001 for an amendment to Section 1315.01 (Official Zoning Map) of the Arden Hills City Code related to the proposed Parks and Open Space District Rezoning as presented in the April 28, 2014, Report to the City Council. 2.Motion to approve publishing a Summary of Ordinance 14-004 (4/5 vote required to approve). Options 1.Approve Ordinance 14-004 as submitted (Recommended Action). 2.Approve Ordinance 14-004 with changes. 3.Deny Ordinance 14-004 with reasons for denial. 4.Table for additional information. Attachments A.Ordinance Number 14-004 (Proposed Section 1315.01) B.Summary of Ordinance 14-004 C.Proposed Parks and Open Space Rezoning Parcel List D.Proposed Parks and Open Space Rezoning Map E.Arden Hills Future Land Use Map F.Planning Commission Report, April 9, 2014 G.Draft Planning Commission Minutes, April 9, 2014 _________________________________________________________________________________________ City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-001 - Zoning Code Amendment - Parks and Open Space District Rezoning\Memos_14-001 44 Page of AttachmentA ORDINANCE NO. 2014-004 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 2014-004 AN ORDINANCE AMENDING SECTION 1315.01, THE OFFICIAL ZONING MAP OF ARDEN HILLS, MINNESOTA RELATING TO THE RE-ZONING OF PROPERTIES. THE ARDEN HILLS CITY COUNCIL HEREBY ORDAINS THAT THE OFFICIAL ZONING MAP OF ARDEN HILLS, MINNESOTA, AS DESCRIBED IN SECTION 1315.01, IS HEREBY AMENDED AS FOLLOWS: The official Zoning Map for the City of Arden Hills has been amended to indicate that the following described properties have been re-zoned to a POS zone (Parks and Open Space District): Described Properties 1791 Chatham Avenue 1.The property located at with property identification number 283023420023, which is currently zoned R-1 (Single Family Residential District) and is generally located south of County Road E2 West, east of New Brighton Road, west of Chatham Avenue, and north of the Soo Line Railroad, and is described by the following legal description: Park 2, Chatham Fourth Addition 1678 Oak Avenue 2.The property located at with property identification number 283023430031, which is currently zoned R-1 (Single Family Residential District) and is generally located south of the Soo Line Railroad, east of New Brighton Road, west of Oak Avenue, and north of Lake Johanna Boulevard, and is described by the following legal description: In Section 28, Township 30, Range 23, Southerly of the Soo Line Railroad right-of-way that part of a 50 foot wide Power Line right-of-way in the Southeast 1/4 on the following center line: Beginning on the East line of and 912 feet south from the Northeast Corner of Southeast 1/4; thence south 45 degrees 45 minutes west to a point on the South line of and 1,833 feet west from Southeast corner of said Southeast ¼. 4601 Prior Avenue North 3.The property located at with property identification number 163023340013, which is currently zoned R-3 (Townhouse & Low Density Multiple Dwelling District) and is generally located south of County Road H, east of Interstate 35W, west of Highway 10, and north of Highway 96, and is described by the legal description included in Exhibit A. 3301 New Brighton Road 4.The property located at with property identification number 333023320079, which is currently zoned R-2 (Single & Two Family Residential District) and 18 Page of ORDINANCE NO. 2014-004 is generally located south of Stowe Avenue, east of Katie Lane, west of New Brighton Road, and north of Jerrold Avenue, and is described by the legal description included in Exhibit B. 1750 Parkshore Drive 5.The property located at with property identification number 213023430028, which is currently zoned R-1 (Single Family Residential District) and G-B (Gateway Business District) and is generally located south of Round Lake, east of Gateway Boulevard, west of Parkshore Drive, and north of Interstate 694. 3255 Lexington Avenue North 6.The property located at with property identification number 343023410001, which is currently zoned R-1 (Single Family Residential District) and is generally located south of Ingerson Road, east of Fernwood Street, west of Lexington Avenue North, and north of Edgewater Avenue, and is described by the following legal description: That part of Government Lot Six (6), Section Thirty-Four (34), Township Thirty (30), Range Twenty-three (23), described as follows: Commencing at the Southeast corner of said Government Lot Six (6), thence North 329.41 feet along the East line of said Government Lot Six (6); thence West 655.31 feet to a point 329.51 feet North of the South line of said Government Lot Six (6); thence East 655 feet to place of commencement, containing five (5) acres, more or less, subject to highway easement over East 33 feet, and subject to sewer easements of record. 4317 Colleen Court 7.The property located at with property identification number 223023230079, which is currently zoned R-1 (Single Family Residential District) and is generally located south of Arden Vista Court, east of Colleen Court, west of Hamline Avenue, and north of Colleen Avenue, and is described by the following legal description: Park, McClung Fourth Addition 3700 New Brighton Road 8.The property located at with property identification number 28302334001, which is currently zoned R-2 (Single & Two Family Residential District) and is generally located south of Brighton Way South, east of New Brighton Road, west of Chatham Avenue, and north of the Soo Line Railroad, and is described by the following legal description: All that part of the South ½ of the East ½ of the Southwest ¼ of Section 28, Town 30 North, Range 23 West lying Northerly of the Northerly right-of-way line of the Minneapolis, St. Paul & Sault Ste. Marie Railway, except that part described as follows: Beginning at a point on the West line of the Southeast ¼ of the Southwest ¼ of Section 28, Town 30 North, Range 23 West said point being 300 feet Northerly (Measured at right angles) of the centerline of and being the Northerly right-of-way line of the Minneapolis, St. Paul & Sault Ste. Marie Railway; thence North along said West line a distance of 363 feet; thence East at right angles a distance of160 feet; thence South at right angles a distance of 334.07 feet to the Northerly right-of-way line of said Railway; thence Southwesterly along the Northerly right-of-way line of said Railway to point of beginning; subject to New Brighton Road. 1900 Lake Lane 9.The property located at with property identification number 333023240104, which is currently zoned R-2 (Single & Two Family Residential District) and is generally located south of Noble Road, east of New Brighton Road, west of Lake Johanna Boulevard, and north of Stowe Avenue, and is described by the following legal description: 28 Page of ORDINANCE NO. 2014-004 Auditor’s Subdivision No. 80: Subject to Easement, the East 106 feet of the West 427- 75/100 feet measured from the West line of Government Lot 3 of the South 114 feet of Lot 6 with easement and except the west 321-75/100 feet measured from the west line of Government Lot 3, the north 74-2/10 feet of part of Lot 6 west of a line run south at right angles from a point 1090 feet west from the westerly line of Lake Johanna Boulevard and on the north line of said Lot 6. 1893 Lake Lane 10.The property located at with property identification number 333023240070, which is currently zoned R-2 (Single & Two Family Residential District) and is generally located south of Noble Road, east of New Brighton Road, west of Lake Johanna Boulevard, and north of Stowe Avenue, and is described by the following legal description: That part of the following described tract lying Easterly of the Easterly right-of-way line of the St. Croix Falls Minnesota Improvement Co. right-of-way as described in the Deed dated September 1, 1905, filed October 7, 1905, in 496 Deeds 127: The West 321.75 feet of that part of Government Lot 3, in Section 33, Township 30, Range 23, according to U.S. Government Survey thereof, bounded and described as follows: Commencing at a point on the Westerly line of said Lot 3, distant 188.57 feet North from the Southwest corner of said Lot 3, being the point of beginning of land to be described; thence North on the Westerly line of said Lot 3, 188.57 feet to a point; thence Easterly at right angles to said last named line and parallel to the Southerly line of said Lot 3, to the Easterly line of said Lot 3, being the shores of Lake Johanna; thence in a Southerly direction along the shores of said Lake Johanna to the Northerly line of that certain tract of land conveyed by Aurelia Perrett to Mitchel George Perry by Deed recorded in Book 491 of Deeds on page 68; thence Westerly on line along said Mitchell George Perry’s land to place of beginning. 3772 Brighton Way North 11.The property located with property identification number 283023310014, which is currently zoned R-2 (Single & Two Family Residential District) and is generally located south of County Road E2 West, east of Brighton Way, west of Chatham Avenue, and north of Brighton Way South, and is described by the following legal description: Park, Block 2, Chatham Second Addition 3738 Brighton Way South 12.The property located at with property identification number 283023310028, which is currently zoned R-2 (Single & Two Family Residential District) and is generally located south of County Road E2 West, east of Brighton Way, west of Chatham Avenue, and north of the Soo Line Railroad, and is described by the following legal description: Park, Block 3, Chatham Second Addition 3743 Mccracken Lane 13. The property located at with property identification number 283023410042, which is currently zoned R-1 (Single Family Residential District) and is generally located south of County Road E2 West, east of Chatham Avenue, west of Chatham Avenue, and north of Mccracken Lane, and is described by the following legal description: Park 1, Chatham Third Addition 38 Page of ORDINANCE NO. 2014-004 1650 Lake Valentine Road 14.The property located at with property identification number 283023140002, which is currently zoned R-1 (Single Family Residential District) and is generally located south of Lake Valentine Road, east of Glenview Avenue, west of Snelling Avenue North, and north of Glenview Court, and is described by the following legal description: Lot 20, Block 5, Shorewood Hills 1370 County Road E West 15.The property located at with property identification number 343023210075, which is currently zoned R-1 (Single Family Residential District) and is generally located south of County Road E West, east of Snelling Avenue North, west of Highway 51, and north of Arden Place, and is described by the following legal description: Lots 1, 2, and 3, and Lot 32, Block 1, Arden Hills No. 2 1581 Chatham Avenue 16. The property located at with property identification number 283023420001, which is currently zoned R-1 (Single Family Residential District) and is generally located south of County Road E2 West, east of Chatham Avenue, west of Snelling Avenue North, and north of Chatham Avenue, and is described by the following legal description: Park 1, Chatham Fourth Addition 4375 Snelling Avenue North 17. The property located at with property identification number 213023140014, which is currently zoned R-1 (Single Family Residential District) and is generally located south of Highway 96, east of Highway 10, west of Snelling Avenue North, and north of Briarknoll Drive, and is described by the following legal description: That part of the East ½ of the East ½ of the Northeast Quarter of Section 21, Township 30, Range 23, described as follows: Beginning at the Southeast corner of said Northeast Quarter: thence North along the East line of said Northeast Quarter a distance of 862 feet; thence north 89 degrees 46 minutes 40 seconds West a distance of 205 feet; thence South 52 degrees 0 minutes West a distance of 284.82 feet more or less to the Northeast right- of-way line of State Trunk Highway No. 10; thence Southeasterly along said right-of-way line to the South line of said Northeast Quarter; thence Easterly along the South line of said Northwest Quarter to the point of beginning and there terminating. Subject to the rights of the public in Snelling Avenue. 1582 Chatham Avenue 18. The property located at with property identification number 283023410001, which is currently zoned R-1 (Single Family Residential District) and is generally located south of County Road E2 West, east of Chatham Avenue, west of Snelling Avenue North, and north of Chatham Avenue, and is described by the following legal description: Park 2, Chatham Third Addition 1646 Chatham Avenue 19. The property located at with property identification number 283023440001, which is currently zoned R-1 (Single Family Residential District) and is generally located south of Mccracken Lane, east of Chatham Avenue, west of Snelling 48 Page of ORDINANCE NO. 2014-004 Avenue North, and north of the Soo Line Railroad, and is described by the following legal description: Park 3, Chatham Third Addition 1413 Arden Oaks Drive 20. The property located at with property identification number 273023340028, which is currently zoned R-1 (Single Family Residential District) and is generally located south of Arden Oaks Drive, east of Snelling Avenue North, west of Arden Oaks Drive, and north of Arden Oaks Court, and is described by the following legal description: Park, Arden Oaks 1219 Cummings Park Drive 21. The property located at with property identification number 223023140037, which is currently zoned I-1 (Limited Industrial District) and is generally located south of Karth Lake, east of Hamline Avenue North, west of Lexington Avenue North, and north of Cummings Park Drive, and is described by the following legal description: Subject to the rights of the public in Lexington Avenue North and in State Trunk Highway No. 51-125, the South One-Half of the Southeast Quarter of the Northeast Quarter of Section 22, Township 30, Range 23 excepting therefrom the following described parcel: Commencing at the Southeast corner of the Northeast corner of said Section 22, Township 30, Range 23; thence northerly along the East line of said Section 22 a distance of 420 feet to the point of beginning of the excepted parcel; thence deflect 90 degrees 00 minutes to the West a distance of 362.95 feet to a point; thence deflecting 48 degrees 00 minutes Northwesterly to a point on the North line of said South One-Half of the Southeast Quarter of the Northeast Quarter of said Section 22; thence easterly along said North line to the Northeast corner of said South One-Half of the Southeast Quarter of the Northeast Quarter of said Section 22; thence southerly along the East line of said Section 22 to the point of beginning and there terminating. 1423 Floral Drive West 22. The property located at with property identification number 223023340052, which is currently zoned R-1 (Single Family Residential District) and is generally located south of Indian Oaks Trail, east of Norma Avenue, west of Hamline Avenue North, and north of Floral Drive West, and is described by the following legal description: The Northwest ¼ of the Southeast ¼ of the Southwest ¼, except the South 208.71 feet of the West 230 feet thereof, and the West 208.71 feet of the Northeast ¼ of the Southeast ¼ of the Southwest ¼, except the South 208.71 feet thereof, and the South ¼ of the Northeast ¼ of the Southwest ¼, except the North 150 feet of the East 264 feet thereof, all in Section 22, Township 30, Range 23. 4210 Hamline Avenue North 23. The property located at with property identification number 223023420051, which is currently zoned I-1 (Limited Industrial District) and is generally located south of Indian Oaks Circle, east of Hamline Avenue North, west of Innovation Way, and north of County Road F. 1145 Benton Way 24. The property located at with property identification number 343023130018, which is currently zoned R-1 (Single Family Residential District) and is 58 Page of ORDINANCE NO. 2014-004 generally located south of Harriet Avenue, east of Highway 51, west of Lexington Avenue North, and north of Tiller Lane, and also described by the legal description included in Exhibit C. 3168 Ridgewood Road 25. The property located with property identification number 343023330003, which is currently zoned R-1 (Single Family Residential District) and is generally located south of Bussard Court, east of Lake Johanna, west of Highway 51, and north of Glenhill Road, and is described by the following legal description: Lot 3, Block 8, Arden Hills No. 3, except the following: Beginning at the Northeast corner of said Lot; thence West 300 feet to a point on North line of said Lot; thence South at right angles 300 feet; thence East at right angles 270 feet to East line of said Lot; thence North thereon to point of beginning. 26. The property with the address 0 Unassigned and Property Identification Number of 33302312004 , which is currently zoned R-1 (Single Family Residential District) and is generally located south of the Soo Line Railroad, east of New Brighton Road, west of Oak Avenue, and north of Lake Johanna Boulevard, and is described by the following legal description: A 50 foot Power Line right-of-way on following center line: Beginning on north line of and 1,833 feet west from Northeast corner of Section 33, Township 30, Range 23; thence south 45 degrees 45 minutes west 1,365.2 feet; thence on 5 degree curve to left 316 feet; thence south 29 degrees 57 minutes west 4,326.1 feet to point on west line of and 368.8 feet from Southwest corner of Section 33, Township 30, Range 23 3151 Lake Johanna Boulevard 27. The property located at with property identification number 333023340013, which is currently zoned N-B (Neighborhood Business District) and is generally located south of Beckman Avenue, east of New Brighton Road, west of Lake Johanna Boulevard, and north of West County Road D and is described by the following legal description: Beginning at the SE corner of the SW ¼ of Section 33, Township 30, Range 23, according to the Government survey thereof; thence North of the East line of said SW ¼ a distance of 305 feet; thence at right angles West to the center of the St. Paul and New Brighton Road which runs diagonally from the SE to the NW corner of the East ½ of said SW 1/4; thence SE along the center of said road to the South line of said Section 33; thence East on the South line of said Section 33 to the point of beginning, and there terminating. 3208 Hamline Avenue North 28. The property located at with property identification number 343023310012, which is currently zoned R-1 (Single Family Residential District) and is generally located south of Tiller Lane, east of Highway 51, west of North Dunlap Street, and north of Hamline Avenue North and is described by the following legal description: That part of Tract “B” Registered Land Survey No. 30 which lies southeasterly of a line run parallel with and distant 75 feet southeasterly of the following described line, extended northeasterly to the East line of said Tract “B”: From a point on the south line of Section 34, Township 30 north, Range 23 west distant 1160.3 feet east of the southwest corner thereof, run northeasterly at an angle of 49 degrees 22 minutes with said south section line for 1588.7 feet, thence deflect to the left at an angle of 22 degrees 00 68 Page of ORDINANCE NO. 2014-004 minutes for 800 feet, the point of beginning of the line to be described; thence run southwesterly on the above described course for 1100 feet and there terminating. 1761 Lake Johanna Boulevard 29. The property located at with property identification number 333023120005, which is currently zoned R-1 (Single Family Residential District) and R-2 (Single & Two Family Residential District) and is generally located south of the Soo Line Railroad, east of New Brighton Road, west of Oak Avenue, and north of Lake Johanna. 1837 County Road E2 West 30. The property located at with property identification number 283023310035, which is currently zoned R-1 (Single Family Residential District) and is generally located south of Venus Avenue, east of Interstate 35W, west of Snelling Avenue North, and north of County Road E2 West and is described by the following legal description: Outlot A, Chatham Fourth Addition 31. The property with the address 0 Unassigned and Property Identification Number of 283023440052 , which is currently zoned R-1 (Single Family Residential District) and is generally located south of the Soo Line Railroad, east of New Brighton Road, west of Oak Avenue, and north of Lake Johanna Boulevard. 32. The property with the address 0 Unassigned and Property Identification Number of 283023440053 which is currently zoned R-1 (Single Family Residential District) and is generally located south of the Soo Line Railroad, east of New Brighton Road, west of Oak Avenue, and north of Lake Johanna Boulevard. 1850 County Road E2 West 33. The property located at with property identification number 283023310008, which is currently zoned R-1 (Single Family Residential District) and is generally located south of County Road E2 West, east of New Brighton Road, west of Chatham Avenue, and north of the Soo Line Railroad and is described by the following legal description: In Section 28, Township 30, Range 2 in the Northeast ¼ of the Southwest ¼, that part lying Easterly of the Westerly line of US Pipe Line easment and Westerly of the Easterly line of sewer easment and Southerly of the center line of County Road E2, being partly in vacated East Brighton Addition, subject to road and easements 3660 New Brighton Road 34. The property located at with property identification number 283023430030, which is currently zoned R-1 (Single Family Residential District) and R-2 (Single & Two Family Residential District) and is generally located south of County Road E2 West, east of New Brighton Road, west of Chatham Avenue, and north of the Soo Line Railroad. 5101 Lexington Avenue North 35. The property located at with property identification number 103023440001, which is currently zoned R-1 (Single Family Residential District) and is generally located south of County Road I West, east of Hamline Avenue North, west of Lexington Avenue North, and north of Highway 96 and is described by the following legal description: 78 Page of ORDINANCE NO. 2014-004 The South 1090 feet of the North 2304 feet of the East 320 feet of the Southeast Quarter, all in Section 10, Township 30, Range 23 1837 County Road E2 West 36. The property located at with property identification number 283023230004, which is currently zoned R-1 (Single Family Residential District) and is generally located south of County Road F West, east of Interstate 35W, west of Snelling Avenue North, and north of County Road E2 West. 1621 Lake Johanna Boulevard 37. The property located at with property identification number 333023110009, which is currently zoned R-1 (Single Family Residential District) and is generally located south of the Soo Line Railroad, east of New Brighton Road, west of Oak Avenue, and north of Lake Johanna Boulevard and is described by the following legal description: Lot 2, Block 5, Shady Oaks Addition, the area described as follows: the Northeasterly 100 feet measured on the Southeasterly Lot Line of the Southeasterly 300 feet, subject to Lake Johanna Boulevard 0 County Road I West 38. The property located at with property identification number 93023240001, which is currently zoned R-1 (Single Family Residential District) and I-1 (Limited Industrial District) and is generally located south of County Road I West, east of Interstate 35W, west of Hamline Avenue North, and north of Highway 96. 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 April, 2014. DAVID GRANT, MAYOR ATTEST: AMY DIETL CITY CLERK Publication Date: May 7, 2014 88 Page of Exhibit B LEGAL DESCRIPTION 3301 New Brighton Road PID # 333023320079 Lot 2, Block 1, Trinity Lutheran of Lake Johanna Addition and All that part of the Northwest Quarter (NW ¼) of the Southwest Quarter (SW ¼), Section 33, strip of land deeded to the Village of Arden Hills, a Minnesota municipal corporation, by Northern States Power Company, a Minnesota corporation, in a Quit-Claim Deed dated December 29, 1967 and filed of record in the office of Register of Deeds in and for Ramsey County, Minnesota on September 10, 1968 in Book 2144, Ramsey County Records, Page 179, as File No. 1732780, formerly known as the St. Croix Falls-Minnesota Improvement Co. and Northern States Power Company right-of-way, excepting those parts thereof described as follows: (a) Quarter (SW ¼) of said Section 33 a distance of 330 feet West (W) of the Southeast (SE) corner of the Northwest Quarter (NW ¼) of the Southwest Quarter (SW ¼) of said minutes boundary line of the Village of Arden Hills right-of-way, formerly known as the St. Croix Falls-Minnesota Improvement Co. and Northern States Power Company right-of-way; and there terminating; and (b) 30, Range 23; and Lot 33 Ramsey County, Minnesota, except those parts thereof described as follows: (a)That part thereof lying East (E) of the West (W) 190 feet thereof and lying North (N) of Beginning at a point on the centerline of New Brighton Road a distance of 1947 feet Township 30, Range 23, measured on the centerline of New Brighton Road; thence running Southwest (SW) at a right angle to said centerline a distance of 118 feet; thence deflecting on a curve to the right, radius 554.67 feet, a distance of 143.65 feet, more or less, to an intersection with the East (E) line of said West (W) 190 feet of said Lot 33; and there terminating; (b)That part of the West (W) 190 feet of the said Lot 33 lying South (S) of a line parallel to and 1,320 feet North (N) of the South (S) line of the Southwest Quarter (SW ¼) of Section 33, Township 30, Range 23; (c)That part t point on the West (W) line of said Lot 33 distant 426 feet South (S) of the North (N) line of the Southwest Quarter (SW ¼) of Section 33, Township 30, Range 23; thence running East (E) parallel to said North (N) line to a point distance 1,391.5 feet East (E) of the West (W) line of said Southwest Quarter (SW ¼); thence deflecting at an angle of 26 degrees 07 minutes to the left to a point on the centerline of New Brighton Road; and thence terminating and (d)That part lying thereof describe as follows: Beginning at a point on the centerline of New Southwest Quarter (SW ¼) of Section 33, Township 30, Range 23, measured on said at an angle of 63 degree 37.5 minutes to said South (S) line of said Southwest Quarter (SW ¼) from a point thereon, distant 30.4 feet West (W) of the Southeast (SE) corner thereof; thence running Southwesterly at right angles to said centerline, a distance of 118.0 feet; thence deflecting on a curve to the right, radius 554.67 feet, a distance of 143.65 feet, more or less, to an intersection with the East (E) line of the West (W) 190.0 feet of said Lot 33; thence running south (S) along said East (E) line of the West (W) 190.0 feet of said Lot 33, a distance of 325.42 feet, more or less, to a point on the North (N) line of Block 1, Lake Johanna Park, as platted; thence running West (W) along said North (N) line of Block 1, Lake Johanna Park, as platted, a distance of 150.0 feet to the East (E) line of Prior Avenue, as platted; thence running North (N) along the East (E) line of Prior Avenue, produced North (N), a distance of 173.85 feet; thence running on a curve to the right, having a central angle of 24 degrees 55 minutes, at a radius of 158.42 feet, a distance of 68.89 curve last described, a distance of 184.42 feet; thence running on a curve to the right, having a central angle of 38 degrees 54 minutes, and a radius of 99.11 feet, a distance of 67.29 feet; distance of 213.0 feet, to an intersection with the centerline of New Brighton Road at a Quarter (SW ¼), measured on said centerline, said centerline of New Brighton Road South (S) line of said Southwest Quarter (SW ¼) from a point thereon, distant 30.4 feet along said centerline of New Brighton Road a distance of 140.0 feet to the point of beginning; and there terminating; subject to New Brighton Road and subject to an easement for underground sewer mains, as contained in Document No. 1553050 as recorded in the office of the Register of Deeds in and for Ramsey County, Minnesota. Exhibit C LEGAL DESCRIPTION 1145 Benton Way PID # 343023130018 The Southwest quarter of the Northeast quarter of Section 34, Township 30, Range 23 West, except part taken for Josephine Hills No. 3, which lies Southerly and Easterly of a line described as follows: Beginning at the most Northerly corner of Lot 1, Block 12, Josephine Hills No. 3; thence north 61 degrees 12 minutes 00 seconds East, 30 feet; thence North 03 degrees 04 minutes 20 seconds West, 84.83 feet; thence North 75 degrees 49 minutes 18 seconds East, 659.72 feet, more or less, to the East line of said Southwest quarter of the Northeast quarter, and there terminating; and Outlot I, Hunters Park Fourth Addition, the area described as follows: that part lying South of the extended South line of Lot 1, Block 3; and That part of Government Lot 5, Section 34, Township 30, Range 23 described as follows: Beginning at the center of said Section 34; thence East to the North quarter corner of the Southeast quarter of said Section 34; thence Southwesterly 653 feet to a point 60 feet South of the North line of said Southeast quarter measured at right angles; thence West parallel with said North line to the West line of said Southeast quarter; thence North on said West line 60 feet to point of beginning; except part taken for Josephine Hills No. 3. AttachmentB CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2014-004 th On the 28 day of April, 2014, the Arden Hills City Council adopted Ordinance No. 2014-004 and by the four affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2014-004 be published. Ordinance 2014-004 An Ordinance Amending Section 1315.01, the Official Zoning properties owned by the City of Arden Hills or Ramsey County and managed as parks and open space areas have been rezoned as Parks and Open Space District: 1791 Chatham Avenue (PID 283023420023); 1678 Oak Avenue (PID 283023430031); 3301 New Brighton Road (PID 333023320079); 4601 Prior Avenue (PID 163023340013); 1750 Parkshore Drive (PID 213023430028); 3255 Lexington Avenue (343023410001); 4317 Colleen Court (PID 223023230079); 3700 New Brighton Road (PID 283023340001); 1900 Lake Lane (PID 333023240104); 1893 Lake Lane (PID 333023240070); 3772 Brighton Way (283023310014); 3738 Brighton Way (PID 283023310028); 3743 Mccracken Lane (PID 283023410042); 1650 Lake Valentine Road (PID 283023140002); 1370 County Road E (PID 343023210075); 1581 Chatham Avenue (PID 283023420001); 4375 Snelling Avenue (PID 213023140014); 1582 Chatham Avenue (PID 283023410001); 1646 Chatham Avenue (PID 283023440001); 1413 Arden Oaks Drive (PID 273023340028); 1219 Cummings Park Drive (PID 223023140037); 1423 Floral Drive (PID 223023340052); 4210 Hamline Avenue (PID 223023420051); 1145 Benton Way (343023130018); 3168 Ridgewood Road (PID 343023330003); 3151 Lake Johanna Boulevard (PID 333023340013); 3208 Hamline Avenue North (PID 343023310012); 1761 Lake Johanna Boulevard (PID 333023120005); 1837 County Road E2 (PID 283023310035); 1850 County Road E2 (PID 283023310008); 3660 New Brighton Road (PID 283023310008); 5101 Lexington Avenue North (PID 103023440001); 1837 County Road E2 (PID 283023230004); 1621 Lake Johanna Boulevard (PID 333023110009); 0 County Road I West (PID 93023240001); 0 Unassigned (PID 283023440053); 0 Unassigned (PID 333023120004); and 0 Unassigned (PID 283023440052). A full copy of Ordinance 2014-004 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.cityofardenhills.org. AttachmentC Parcel List - Proposed Parks and Open Space Rezoning #Property AddressProperty OwnerAcresNotes 11791 Chatham AveCity Of Arden Hills9.4Chatham Trails 21678 Oak AveCity Of Arden Hills1.1Property within Tony Schmidt Park 34601 Prior Ave NCity Of Arden Hills3.6Arden Manor Park 43301 New Brighton RdCity Of Arden Hills13.7Hazelnut Park 51750 Parkshore DrCity Of Arden Hills4.0Open space property on Round Lake 63255 Lexington Ave NCity Of Arden Hills4.7Ingerson Park 74317 Colleen CtCity Of Arden Hills0.4Trail 83700 New Brighton RdCity Of Arden Hills20.1Charles Perry Park 91900 Lake LnCity Of Arden Hills0.5Sampson Park 101893 Lake LnCity Of Arden Hills0.4Sampson Park 113772 Brighton Way NCity Of Arden Hills1.9Open space adjacent to Tony Schmidt Park 123738 Brighton Way SCity Of Arden Hills0.03Chatham Trails 133743 Mccracken LnCity Of Arden Hills0.03Chatham Trails 141650 Lake Valentine RdCity Of Arden Hills2.4Valentine Park 151370 County Road E WCity Of Arden Hills1.2Freeway Park 161581 Chatham AveCity Of Arden Hills18.5Chatham Trails 174375 Snelling Ave NCity Of Arden Hills4.6Royal Hills Park 181582 Chatham AveCity Of Arden Hills9.4Chatham Trails 191646 Chatham AveCity Of Arden Hills4.3Chatham Trails 201413 Arden Oaks DrCity Of Arden Hills1.4Arden Oaks Park 211219 Cummings Park DrCity Of Arden Hills17.7Cummings Park 221423 Floral Dr WCity Of Arden Hills19.1Floral Park 234210 Hamline Ave NCity Of Arden Hills1.7Trail 241145 Benton WayCity Of Arden Hills11.9Crepeau Nature Preserve Johanna Marsh 253168 Ridgewood RdCity Of Arden Hills8.6 260 UnassignedCity Of Arden Hills6.9Elmer L. Andersen Memorial Trail 273151 Lake Johanna BlvdCity Of Arden Hills0.3"Triangle Parcel" 283208 Hamline Avenue NCity Of Arden Hills3.3Wetland 291761 Lake Johanna BlvdRamsey County91.2Tony Schmidt Regional Park Tony Schmidt Regional Park 301837 County Road E2 WRamsey County86.0 310 UnassignedRamsey County5.4Tony Schmidt Regional Park 320 UnassignedRamsey County0.3Tony Schmidt Regional Park 331850 County Road E2 WRamsey County19.4Tony Schmidt Regional Park 343660 New Brighton RdRamsey County14.3Tony Schmidt Regional Park 355101 Lexington Ave NRamsey County7.2Marsden Archery Range 361837 County Road E2 WRamsey County0.01Tony Schmidt Regional Park Tony Schmidt Regional Park 371621 Lake Johanna BlvdRamsey County0.5 380 County Road I WRamsey County113.9Rice Creek North Regional Trail AttachmentD Proposed Parks and Open Space District Rezoning 38 35 3 Proposed Zoning POS - Parks and Open Space District 17 Existing Zoning 21 7 M-B - Mixed Business M-R - Mixed Residential 23 22 5 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 14 30 B-1 - Limited Business District B-2 - General Business District 36 18 B-3 - Service Business District 33 11 B-4 - Retail Center District 16 13 12 1 19 N-B - Neigborhood Business 8 20 3432 C-C - Civic Center District 2 31 G-B - Gateway Business 15 29 37 I-1 - Limited Industrial District I-2 - General Industrial District I-FLEX District 24 9 & 10 Railroad Right-of-Way 4 Water ¹ 286 26 25 27 AttachmentE Arden Hills 2030 Future Land Use Map 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 AttachmentF MEMORANDUM 3.C April 9, 2014 PC Agenda Item DATE: TO: Planning Commission FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #14-001 This application requires a Public Hearing Request : Zoning Code Amendment Parks and Open Space District Rezoning Action Requested Consider approval of Ordinance 14-004 in Planning Case 14-001 for an amendment to Section 1315.01 (Official Zoning Map) of the Arden Hills City Code as presented in the April 9, 2014, Report to the Planning Commission Background On November 25, 2013, the City Council approved Ordinance 2013-011, which established a Parks and Open Space District in the Zoning Code. Since then, staff has evaluated parcels within the City that should be rezoned as Parks and Open Space District based on the purpose of this zoning classification. The primary purpose of the Parks and Open Space District is to establish land use regulations that support the public parks and open spaces managed by the City of Arden Hills and Ramsey County. In addition, the Zoning Code states that properties zoned Parks and Open Space work to conserve environmental resources, promote ecological stewardship, and provide areas that support community health through the provision of active and passive recreational opportunities. Summary of Proposed Rezoning Staff has identified 38 parcels in the City that are appropriate for rezoning as Parks and Open Space (Attachments A and B). Of these parcels, 28 are owned by the City of Arden Hills. Twenty are currently used as active parkland and four . An _________________________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-001 - Zoning Code Amendment - Parks and Open Space District Rezoning\Memos_14-001 14 Page of additional four parcels owned by the City provide open space areas, but are not formally part of se properties are 1750 Parkshore Drive on the southern end of Round Lake; 3772 Brighton Way east of New Brighton Avenue and adjacent to Tony Schmidt Regional Park; installed a gateway sign; and 3208 Hamline Avenue North, which is a wetland parcel situated between Highway 51 and Lake Josephine. The remaining ten parcels are owned by the Ramsey County Parks and Recreation Department and are all included in the County park system. Eight of these properties comprise the Tony Schmidt Regional Park. The remaining two, the Marsden Archery Range and Rice Creek North Regional Trail, are on land formerly part of the Arden Hills Army Training Site. The proposed rezoning only includes land owned by the City of Arden Hills or Ramsey County. The Parks and Open Space District cannot be applied to privately owned land. The spreadsheet included in Attachment A lists the address, ownership, acreage, and current use for all 38 parcels. Consistency with the Arden Hills Comprehensive Plan In September of 2009, the City Council adopted the Arden Hills 2030 Comprehensive Plan. The policies and strategies Currently, public parks and open space areas 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. The proposed Parks and Open Space District rezoning would help the City meet this requirement. Further, the rezoning will assist in the implementation of goals identified in the Land Use, Parks and Recreation, and Protected Resources chapters in the Comprehensive Plan. The remaining parcels designated as Parks and Open Space on the Future Land Use Map that are not included in the proposed rezoning do not meet the stated purpose of the Parks and Open Space District. These 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 properties include municipal utilities, stormwater easement ponds, private open spaces, and single family homes. _________________________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-001 - Zoning Code Amendment - Parks and Open Space District Rezoning\Memos_14-001 24 Page of Findings of Fact Cities have broad discretion when reviewing and adopting zoning regulations; however, as a tool the two documents when reviewing amendments to the Zoning Code. Staff offers the following four (4) findings o 1.The proposed amendment would create greater consistency between the City Zoning Code and the adopted Future Land Use Map. 2.The proposed amendment advances the land use goals because it assists in providing a balanced mix of residential, park, open space, and commercial land uses within the City. 3.The proposed amendment advances the parks and recreation goals because it helps to protect and maintain access to lakes, marshes, and wooded areas for active and passive recreation. 4.The proposed amendment advances the protected resources goals lakes, wetlands, and other unique or significant natural resources. Notice Notice on this planning case was published in the Arden Hills/Shoreview Bulletin and mailed to all property owners within 500 feet of a parcel where a rezoning has been proposed. Public Comments The City has received several phone calls regarding this planning case asking for clarification on the proposed rezoning. Generally, the comments received by staff have been supportive of the rezoning. Xcel Energy contacted staff regarding this case. The company has easements on several of the properties that will be rezoned and i line encroachment guidelines. Staff informed Xcel Energy that they were aware of these easements and that the City would coordinate with the company on any planned future activities or uses that might encroach on these easements. In general, Xcel Energy did not have any objections to the proposed rezoning. _________________________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-001 - Zoning Code Amendment - Parks and Open Space District Rezoning\Memos_14-001 34 Page of Staff Recommendation Staff recommends approval of Ordinance Number 14-004 in Planning Case 14-001 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, Report to the Planning Commission. Options and Proposed Motion Language 1.Recommend Approval as Submitted: Motion to recommend approval of Ordinance Number 14-004 in Planning Case 14-001 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, Report to the Planning Commission. 2.Recommend Approval with Changes: Motion to recommend approval of Ordinance Number 14-004 in Planning Case 14-001 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, Report to the Planning Commission, with the following changes. 3.Recommend Denial: Motion to recommend denial of Ordinance Number 14-004 in Planning Case 14-001 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, Report to the Planning Commission: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4.Table: Motion to table Ordinance Number 14-004 in Planning Case 14-001 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, Report to the Planning Commission: a specific reason and information request should be included with a motion to table. Attachments A.Proposed Parks and Open Space Rezoning Parcel List B.Proposed Parks and Open Space Rezoning Map C.Arden Hills Future Land Use Map D.Ordinance Number 14-004 (Proposed Section 1315.01) - DRAFT _________________________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-001 - Zoning Code Amendment - Parks and Open Space District Rezoning\Memos_14-001 44 Page of AttachmentG Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, APRIL 9, 2014 6:30 P.M. - ARDEN HILLS CITY HALL A.Planning Case 14-001; Zoning Code Amendment Parks and Open Space District Rezoning Public Hearing Associate Planner Bachler stated that the Planning Commission is being asked to consider approval of Ordinance 14-004 in Planning Case 14-001 for an amendment to Section 1315.01 (Official Zoning Map) of the Arden Hills City Code. Associate Planner Bachler reported that on November 25, 2013, the City Council approved Ordinance 2013-011, which established a Parks and Open Space District in the Zoning Code. Since then, staff has evaluated parcels within the City that should be rezoned as Parks and Open Space District based on the purpose of this zoning classification. Associate Planner Bachler indicated that the primary purpose of the Parks and Open Space District is to establish land use regulations that support the public parks and open spaces managed by the City of Arden Hills and Ramsey County. In addition, the Zoning Code states that properties zoned Parks and Open Space work to conserve environmental resources, promote ecological stewardship, and provide areas that support community health through the provision of active and passive recreational opportunities. Staff has identified 38 parcels in the City that are appropriate for rezoning as Parks and Open Space. Of these parcels, 28 are owned by the City of Arden Hills. Twenty are currently used as r parcels owned by properties are 1750 Parkshore Drive on the southern end of Round Lake; 3772 Brighton Way east of New Brighton Avenue and adjacent to Tony Schmidt Regional Park; 3151 Lake Johanna and 3208 Hamline Avenue North, which is a wetland parcel situated between Highway 51 and Lake Josephine. Associate Planner Bachler explained that the remaining ten parcels are owned by the Ramsey County Parks and Recreation Department and are all included in the County park system. Eight of these properties comprise the Tony Schmidt Regional Park. The remaining two, the Marsden Archery Range and Rice Creek North Regional Trail, are on land formerly part of the Arden Hills Army Training Site. ARDEN HILLS PLANNING COMMISSION April 9, 2014 2 Associate Planner Bachler commented that the proposed rezoning only includes land owned by the City of Arden Hills or Ramsey County. The Parks and Open Space District cannot be applied to privately owned land. Associate Planner Bachler stated that in September of 2009, the City Council adopted the w Currently, public parks and open space areas 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. The proposed Parks and Open Space District rezoning would help the City meet this requirement. Further, the rezoning will assist in the implementation of goals identified in the Land Use, Parks and Recreation, and Protected Resources chapters in the Comprehensive Plan. Associate Planner Bachler indicated that the remaining parcels designated as Parks and Open Space on the Future Land Use Map that are not included in the proposed rezoning do not meet the stated purpose of the Parks and Open Space District. These 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 properties include municipal utilities, stormwater easement ponds, private open spaces, and single family homes. Associate Planner Bachler provided the Findings of Fact for review: 1. The proposed amendment would create greater consistency between the City Zoning Code and the adopted Future Land Use Map. 2. The proposed amendment advances the Co assists in providing a balanced mix of residential, park, open space, and commercial land uses within the City. 3. because it helps to protect and maintain access to lakes, marshes, and wooded areas for active and passive recreation. 4. ural resources, including trees, lakes, wetlands, and other unique or significant natural resources. Associate Planner Bachler stated that staff recommends approval of Ordinance Number 14-004 in Planning Case 14-001 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, Report to the Planning Commission. Associate Planner 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 ARDEN HILLS PLANNING COMMISSION April 9, 2014 3 4. Table Chair Larson opened the floor to Commissioner comments. Commissioner Holewa indicated this was an important step for the City as it would designate parks as park land and not residential property. He thanked staff for their efforts on the zoning code amendment. Commissioner Jones commented there were a large number of parcels proposed to be park land and he requested the number be tightened up. It was his opinion that several of the parcels could be used for future development instead of park land. Associate Planner Bachler commented that the rezoning would create consistency between the official always consider rezoning a parcel in the future if a different land use were to be proposed. Commissioner Holewa asked if the Ramsey County parkland adjacent to the TCAAP redevelopment site was included in this rezoning. Associate Planner Bachler stated this land was not included in the proposed rezoning. He reported that Ramsey County was in discussion with the Army to have additional land incorporated into the Rice Creek Regional Trail. Once land has been transferred, the land acquired by Ramsey County would be rezoned Parks and Open Space District. Commissioner Holewa was pleased that the City was taking the proposed action to protect its City parks. Commissioner Bartel questioned if each parcel was owned by the City or Ramsey County. Associate Planner Bachler reported that this was the case and that out of the 38 parcels, 28 were owned by the City and the remaining 10 were owned by Ramsey County. Chair Larson opened the public hearing at 7:14 p.m. Chair Larson invited anyone for or against the application to come forward and make comment. Karen Cloutier , 1890 Jerrold Avenue, asked if the property on the southeast corner of Hazelnut Park could be broken off and developed for residential homes. Chair Larson stated this property was currently zoned residential and the rezoning would classify this property as Parks and Open Space. He explained that if a development were considered in the future, this would require another rezoning. Councilmember Holmes clarified that the City had purchased a portion of land from Trinity Church and this land was now part of Hazelnut Park. Chair Larson There being no additional comment closed the public hearing at 7:19 p.m. ARDEN HILLS PLANNING COMMISSION April 9, 2014 4 Commissioner Jones had concerns with the number of parcels that were being turned into Park and Open Space. He requested that staff clean up the legal descriptions. He suggested that the rezoning be broken up into several actions and that it not be approved under one broad motion. Associate Planner Bachler stated that the City was still working on the legal descriptions for the parcels owned by Ramsey County. He explained the City Attorney supported the Planning Commission reviewing and approving the rezoning with the understanding the legal descriptions would be completed by staff prior to the case being reviewed by the City Council. Commissioner Jones discussed the lot comprising Tony Schmidt Park and suggested this parcel be broken down into smaller lots. Chair Larson commented that although the Ordinance was in draft form, he could support dation to rezone the 38 parcels with the understanding staff would be revising the legal descriptions prior to review by the City Council. Commissioner Holewa moved and Commissioner Zimmerman seconded a motion to recommend approval of Ordinance Number 14-004 in Planning Case 14-001 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, report to the Planning Commission. The motion carried 5-1 (Jones opposed). CONSENT ITEM 5C MEMORANDUM DATE: April 28, 2014 TO: Honorable Mayor and City Council Patrick Klaers, City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #14-002 Request : Zoning Code Amendment Conservation District Rezoning Requested Action 1.Motion to approve Ordinance 14-005 in Planning Case 14-002 for an amendment to Section 1315.01 (Official Zoning Map) of the Arden Hills City Code related to the proposed Conservation District rezoning as presented in the April 28, 2014, Report to the City Council. 2.Motion to approve publishing a Summary of Ordinance 14-005 (4/5 vote required to approve). Background On November 25, 2013, the City Council approved Ordinance 2013-010, which established a new Conservation District in the Zoning Code. Since then, staff has evaluated parcels within the City that should be rezoned as Conservation District based on the purpose of this zoning classification. The Conservation District is meant to be applied to the Arden Hills Army Training Site (AHATS). While the property is now under federal ownership and being leased to the Minnesota National Guard, the City recognized that portions of AHATS could be sold to private parties in the future and developed based on the underlying zoning classification. The main purpose of the Conservation District is to ensure that any future _________________________________________________________________________________________ City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-002 - Zoning Code Amendment - Conservation District Rezoning\Memos_14-002 14 Page of development on AHATS maintains a sustainable level of public expenditures for utilities and services. Summary of Proposed Rezoning AHATS is comprised of a total of eight separate parcels. Staff has identified four of these parcels as being appropriate for rezoning as Conservation District at this time (Attachment C). These parcels approximately cover the area bound by County Road I on the north, Lexington Avenue on the east, Highway 96 on the south, and on the west, by a line extending directly north from Snelling Avenue North to County Road I. The remaining four parcels are located on the western half of AHATS, adjacent to the TCAAP redevelopment site and the Rice Creek North Regional Trail. The Ramsey County Parks and Recreation Department is currently working with the federal government to have additional land on these four parcels transferred to the County to be incorporated into their park system. Specifically, these acquisitions would expand the existing boundaries of the Rice Creek North Regional Trail property and add a wildlife corridor along the eastern boundary of the TCAAP site extending south to Highway 96. These additional lands were identified in the Amendment to the Rice Creek Regional Trail Master Plan, which was approved by the City Council on June 24, 2013. Following the completion of the land transfer, the City will work with Ramsey County to rezone the property acquired by the County as Parks and Open Space District. That land remaining under federal ownership would be rezoned Conservation District at that time as well. Included in Attachment D is a map that provides an approximate illustration of what this future rezoning will look like. In 1999, the City amended the Zoning Code to include a new Civic Center District located along the north side of Highway 96, between Snelling and Lexington Avenue. When the zoning map was amended, the Civic Center classification was extended beyond the property boundaries for Arden Hills City Hall and the Ramsey County Public Works Department to partially include a portion of one of the AHATS parcels. The proposed amendment would rezone the area of this parcel now zoned Civic Center as Conservation District. Consistency with the Arden Hills Comprehensive Plan In September of 2009, the City Council adopted the Arden Hills 2030 Comprehensive Plan. The plan outlines general policies and strategies. The adopted Future Land Use Map designates 1,449 acres on AHATS as Park _________________________________________________________________________________________ City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-002 - Zoning Code Amendment - Conservation District Rezoning\Memos_14-002 24 Page of Preserve (Attachment E). This land use is defined in the Comprehe A majority of the AHATS site is now zoned R-1 single-family residential. Minnesota State law mandates that local zoning codes are consistent with adopted comprehensive plans. The proposed Conservation District rezoning would help the City meet this requirement. Further, the rezoning will assist in the implementation of the goals identified in the Land Use and Protected Resources chapters in the Comprehensive Plan. Findings of Fact Cities have broad discretion when reviewing and adopting zoning regulations; however, as a tool the two documents when reviewing amendments to the Zoning Code. The Planning Commission reviewed this case at their April 9, 2014, meeting and has offered the following findings of fact for consideration: 1.The proposed amendment will create greater consistency between the Official Zoning Code and the adopted Future Land Use Map. 2.The proposed amendment advances the land use goals because it assists in providing a balanced mix of residential, park, open space, and commercial land uses. 3.The proposed amendment advances the protected resources goals lakes, wetlands, and other unique or significant natural resources. Public Comments The City has not received any public comments regarding this proposal. Recommendation The Planning Commission reviewed Planning Case 14-002 at their April 9, 2014, regular meeting and unanimously recommended approval of Ordinance Number 14-005 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code related to the proposed Conservation District rezoning as presented in the April 28, 2014, Report to the City Council. _________________________________________________________________________________________ City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-002 - Zoning Code Amendment - Conservation District Rezoning\Memos_14-002 34 Page of Requested Action 1.Motion to approve Ordinance 14-005 in Planning Case 14-002 for an amendment to Section 1315.01 (Official Zoning Map) of the Arden Hills City Code related to the proposed Conservation District rezoning as presented in the April 28, 2014, Report to the City Council. 2.Motion to approve publishing a Summary of Ordinance 14-005 (4/5 vote required to approve). Options 1.Approve Ordinance 14-005 as submitted (Recommended Action). 2.Approve Ordinance 14-005 with changes. 3.Deny Ordinance 14-005 with reasons for denial. 4.Table for additional information. Attachments A.Ordinance Number 14-005 (Proposed Section 1315.01) B.Summary of Ordinance 14-005 C.Proposed Conservation District Rezoning Map and Parcel List D.Approximate Future AHATS Rezoning Map E.Arden Hills Future Land Use Map F.Planning Commission Report, April 9, 2014 G.Draft Planning Commission Minutes, April 9, 2014 _________________________________________________________________________________________ City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-002 - Zoning Code Amendment - Conservation District Rezoning\Memos_14-002 44 Page of AttachmentA ORDINANCE NO. 2014-005 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 2014-005 AN ORDINANCE AMENDING SECTION 1315.01, THE OFFICIAL ZONING MAP OF ARDEN HILLS, MINNESOTA RELATING TO THE RE-ZONING OF PROPERTIES. THE ARDEN HILLS CITY COUNCIL HEREBY ORDAINS THAT THE OFFICIAL ZONING MAP OF ARDEN HILLS, MINNESOTA, AS DESCRIBED IN SECTION 1315.01, IS HEREBY AMENDED AS FOLLOWS: The official Zoning Map for the City of Arden Hills has been amended to indicate that the following described properties have been re-zoned to a CD zone (Conservation District): 103023110001 1. The property with the Property Identification Number of , which is currently zoned R-1 (Single Family Residential District) and is generally located south of County Road I West, east of Hamline Avenue North, west of Lexington Avenue North, and north of Highway 96 and is described by the following legal description: All in Section 10, Township 30, Range 23, the Northeast Quarter of the Northeast Quarter, subject to County Road I West and Lexington Avenue North. 5337 Lexington Avenue North 2. The property located at with property identification number 103023140001, which is currently zoned R-1 (Single Family Residential District) and is generally located south of County Road I West, east of Snelling Avenue North, west of Lexington Avenue North, and north of Highway 96 and is described by the following legal description: All in Section 10, Township 30, Range 23, the Northwest Quarter of the Northeast Quarter subject to County Road I West, and the South One-Half of the Northeast Quarter subject to Lexington Avenue North. 1460 County Road I West 3. The property located at with property identification number 103023440002, which is currently zoned R-1 (Single Family Residential District) and is generally located south of County Road I West, east of Snelling Avenue North, west of Lexington Avenue North, and north of Highway 96 and is described by the following legal description: All in Section 10, Township 30, Range 23, the Northwest Quarter and Southwest Quarter and Southeast Quarter, except the following: the South 1,090 feet of the North 2,304 feet of the East 320 feet of the Southeast Quarter, in Section 10, Township 30, Range 23 1185 Highway 96 West 4. The property located at with property identification number 153023110003, which is currently zoned R-1 (Single Family Residential District) and CC (Civic Center District) and is generally located south of County Road I West, east of Snelling 12 Page of ORDINANCE NO. 2014-005 Avenue North, west of Lexington Avenue North, and north of Highway 96 and is described by the following legal description: All of Section 15, Township 30, Range 23, Except Highway 96 and except Lexington Avenue and except the east 626 feet of the south 615 feet and the west 946.47 feet of the east 1,572.47 feet of the south 1,4525 feet of the Southwest 1/4 and except of part of the Southeast 1/4 described as beginning at a point on the south line of said Southeast 1/4 distant 1,100 feet west of the southeast corner; thence west 828.09 feet; thence north 309.22 feet; thence north 61 degrees 21 minutes 6 seconds east 46.09 feet; thence northerly 152.29 feet along a 310 foot radius tangential curve to right; thence tangent to said curve 639.75 feet; thence south 368 feet to point of beginning. 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 April, 2014. DAVID GRANT, MAYOR ATTEST: AMY DIETL CITY CLERK Publication Date: May 7, 2014 22 Page of AttachmentB CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2014-005 th On the 28 day of April, 2014, the Arden Hills City Council adopted Ordinance No. 2014-005 and by the four affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2014-005 be published. Ordinance 2014- The following properties on the Arden Hills Army Training Site have been rezoned as Conservation District: 5337 Lexington Avenue (PID 103023140001); 1460 County Road I W (PID 10302344002); 1185 Highway 96 W (PID 153023110003); and 0 Unassigned (PID 103023110001). A full copy of Ordinance 2014-005 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.cityofardenhills.org. AttachmentC Proposed Conservation District Rezoning Map and Parcel List County Road I 1 2 3 Proposed Zoning CD - Conservation District 4 POS - Parks and Open Space District Existing Zoning CC - Civic Center District M-B - Mixed Business M-R - Mixed Residential R-1 - Single Family Residential R-2 - Single & Two Family Residential District Highway 96 R-3 - Townhouse & Low Density Multiple Dwelling District R-4 - Multiple Dwelling District N-B - Neigborhood Business G-B - Gateway Business ¹ I-1 - Limited Industrial District I-2 - General Industrial District WATER NumberProperty AddressAcresParcel ID 10 Unassigned39103023110001 25337 Lexington Ave N118.97103023140001 31460 County Road I W470.82103023440002 41185 Hwy 96 W578.46153023110003 AttachmentD Arden Hills Army Training Site - Approximate Future Rezoning for Parks and Open Space District and Conservation District County Road I Rice Creek North Regional Trail Area proposed for future rezoning as Parks and Open Space District is identified in the Amendment to the Rice Creek Regional Trail Master Plan, which was approved by the Arden Hills City Council on June 24, 2013 Approximate Future Rezoning POS - Parks and Open Space TCAAP CD - Conservation District Redevelopment Site ¹ Highway 96 AttachmentE Arden Hills 2030 Future Land Use Map 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 AttachmentF MEMORANDUM 3.D April 9, 2014 PC Agenda Item DATE: TO: Planning Commission FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #14-002 This application requires a Public Hearing Request : Zoning Code Amendment Conservation District Rezoning Action Requested Consider approval of Ordinance 14-005 in Planning Case 14-002 for an amendment to Section 1315.01 (Official Zoning Map) of the Arden Hills City Code as presented in the April 9, 2014, Report to the Planning Commission Background On November 25, 2013, the City Council approved Ordinance 2013-010, which established a new Conservation District in the Zoning Code. Since then, staff has evaluated parcels within the City that should be rezoned as Conservation District based on the purpose of this zoning classification. The Conservation District is meant to be applied to the Arden Hills Army Training Site (AHATS). While the property is now under federal ownership and being leased to the Minnesota National Guard, the City recognized that portions of AHATS could be sold to private parties in the future and developed based on the underlying zoning classification. The main purpose of the Conservation District is to ensure that any future development on AHATS maintains a sustainable level of public expenditures for utilities and services. _________________________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-001 - Zoning Code Amendment - Parks and Open Space District Rezoning\Memos_14-001 14 Page of Summary of Proposed Rezoning AHATS is comprised of a total of eight separate parcels. Staff has identified four of these parcels as being appropriate for rezoning as Conservation District at this time (Attachment A). These parcels approximately cover the area bound by County Road I on the north, Lexington Avenue on the east, Highway 96 on the south, and on the west, by a line extending directly north from Snelling Avenue North to County Road I. The remaining four parcels are located on the western half of AHATS, adjacent to the TCAAP redevelopment site and the Rice Creek North Regional Trail. The Ramsey County Parks and Recreation Department is currently working with the federal government to have additional land on these four parcels transferred to the County to be incorporated into their park system. Specifically, these acquisitions would expand the existing boundaries of the Rice Creek North Regional Trail property and add a wildlife corridor along the eastern boundary of the TCAAP site extending south to Highway 96. These additional lands were identified in the Amendment to the Rice Creek Regional Trail Master Plan, which was approved by the City Council on June 24, 2013. Following the completion of the land transfer, the City will work with Ramsey County to rezone the property acquired by the County as Parks and Open Space District. That land remaining under federal ownership would be rezoned Conservation District at that time as well. Included in Attachment B is a map that provides an approximate illustration of what this future rezoning will look like. In 1999, the City amended the Zoning Code to include a new Civic Center District located along the north side of Highway 96, between Snelling and Lexington Avenue. When the zoning map was amended, the Civic Center classification was extended beyond the property boundaries for Arden Hills City Hall and the Ramsey County Public Works Department to partially include a portion of one of the AHATS parcels. The proposed amendment would rezone that area of this parcel now zoned Civic Center as Conservation District. Consistency with the Arden Hills Comprehensive Plan In September of 2009, the City Council adopted the Arden Hills 2030 Comprehensive Plan. The plan outlines general policies and strategies. The adopted Future Land Use Map designates 1,449 acres on AHATS as Park Preserve (Attachment C). This land use is A majority of the AHATS site is now zoned R-1 single-family residential. Minnesota State law mandates that local zoning codes are consistent with adopted comprehensive plans. The _________________________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-001 - Zoning Code Amendment - Parks and Open Space District Rezoning\Memos_14-001 24 Page of proposed Conservation District rezoning would help the City meet this requirement. Further, the rezoning will assist in the implementation of the goals identified in the Land Use and Protected Resources chapters in the Comprehensive Plan. Findings of Fact Cities have broad discretion when reviewing and adopting zoning regulations; however, as a tool t the two documents when reviewing amendments to the Zoning Code. Staff offers the following three (3) 1.The proposed amendment will create greater consistency between the City Zoning Code and the adopted Future Land Use Map. 2.The proposed amendment advances the land use goals because it assists in providing a balanced mix of residential, park, open space, and commercial land uses. 3.The proposed amendment advances the protected resources goals lakes, wetlands, and other unique or significant natural resources. Notice Notice on this planning case was published in the Arden Hills/Shoreview Bulletin and mailed to all property owners within 500 feet of a parcel where a rezoning has been proposed. Public Comments The City has received not received any public comments regarding this proposal. Staff Recommendation Staff recommends approval of Ordinance Number 14-005 in Planning Case 14-002 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, Report to the Planning Commission. _________________________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-001 - Zoning Code Amendment - Parks and Open Space District Rezoning\Memos_14-001 34 Page of Options and Proposed Motion Language 1.Recommend Approval as Submitted: Motion to recommend approval of Ordinance Number 14-005 in Planning Case 14-002 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, Report to the Planning Commission. 2.Recommend Approval with Changes: Motion to recommend approval of Ordinance Number 14-005 in Planning Case 14-002 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, Report to the Planning Commission, with the following changes. 3.Recommend Denial: Motion to recommend denial of Ordinance Number 14-005 in Planning Case 14-002 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, Report to the Planning Commission: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4.Table: Motion to table Ordinance Number 14-005 in Planning Case 14-002 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, Report to the Planning Commission: a specific reason and information request should be included with a motion to table. Attachments A.Proposed Conservation District Rezoning Map and Parcel List B.Approximate Future AHATS Rezoning Map C.Arden Hills Future Land Use Map D.Ordinance Number 14-005 (Proposed Section 1315.01) - DRAFT _________________________________________________________________________________________ City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-001 - Zoning Code Amendment - Parks and Open Space District Rezoning\Memos_14-001 44 Page of AttachmentG Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, APRIL 9, 2014 6:30 P.M. - ARDEN HILLS CITY HALL A.Planning Case 14-002; Zoning Code Amendment Conservation District Rezoning Public Hearing Associate Planner Bachler stated that the Planning Commission is being asked to consider approval of Ordinance 14-005 in Planning Case 14-002 for an amendment to Section 1315.01 (Official Zoning Map) of the Arden Hills City Code. Associate Planner Bachler reported that on November 25, 2013, the City Council approved Ordinance 2013-010, which established a new Conservation District in the Zoning Code. Since then, staff has evaluated parcels within the City that should be rezoned as Conservation District based on the purpose of this zoning classification. Associate Planner Bachler indicated the Conservation District is meant to be applied to the Arden Hills Army Training Site (AHATS). While the property is now under federal ownership and being leased to the Minnesota National Guard, the City recognized that portions of AHATS could be sold to private parties in the future and developed based on the underlying zoning classifica these lands to ensure that any future development on AHATS maintains a sustainable level of public expenditures for utilities and services. Associate Planner Bachler explained that AHATS is comprised of a total of eight separate parcels. Staff has identified four of these parcels as being appropriate for rezoning as Conservation District at this time. These parcels approximately cover the area bound by County Road I on the north, Lexington Avenue on the east, Highway 96 on the south, and on the west, by a line extending directly north from Snelling Avenue North to County Road I. Associate Planner Bachler commented that the remaining four parcels are located on the western half of AHATS, adjacent to the TCAAP redevelopment site and the Rice Creek North Regional Trail. The Ramsey County Parks and Recreation Department is currently working with the federal government to have additional land on these four parcels transferred to the County to be incorporated into their park system. Specifically, these acquisitions would expand the existing boundaries of the Rice Creek North Regional Trail property and add a wildlife corridor along the eastern boundary of the TCAAP site extending south to Highway 96. These additional lands were identified in the Amendment to the Rice Creek Regional Trail Master Plan, which was approved by the City Council on June 24, 2013. ARDEN HILLS PLANNING COMMISSION April 9, 2014 2 Associate Planner Bachler explained that following the completion of the land transfer, the City will work with Ramsey County to rezone the property acquired by the County as Parks and Open Space District. That land remaining under federal ownership would be rezoned Conservation District at that time as well. Associate Planner Bachler noted that in 1999, the City amended the Zoning Code to include a new Civic Center District located along the north side of Highway 96, between Snelling and Lexington Avenue. When the zoning map was amended, the Civic Center classification was extended beyond the property boundaries for Arden Hills City Hall and the Ramsey County Public Works Department to partially include a portion of one of the AHATS parcels. The proposed amendment would rezone that area of this parcel now zoned Civic Center as Conservation District. Associate Planner Bachler stated that in September of 2009, the City Council adopted the Arden Hills 2030 Comprehensive Plan. The plan outlines general vision and goals, which are ies. The adopted Future Land Use Map designates 1,449 acres on AHATS as Park Preserve. This land use is defined in the Comprehensive Plan as Associate Planner Bachler reported that a majority of the AHATS site is now zoned R-1 single- family residential. Minnesota State law mandates that local zoning codes are consistent with adopted comprehensive plans. The proposed Conservation District rezoning would help the City meet this requirement. Further, the rezoning will assist in the implementation of the goals identified in the Land Use and Protected Resources chapters in the Comprehensive Plan. Associate Planner Bachler provided the Findings of Fact for review: 1. The proposed amendment will create greater consistency between the City Zoning Code and the adopted Future Land Use Map. 2. assists in providing a balanced mix of residential, park, open space, and commercial land uses. 3. lakes, wetlands, and other unique or significant natural resources. Associate Planner Bachler stated staff recommends approval of Ordinance Number 14-005 in Planning Case 14-002 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, Report to the Planning Commission. Associate Planner 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. ARDEN HILLS PLANNING COMMISSION April 9, 2014 3 Commissioner Zimmerman asked if the City was putting the cart before the horse on this matter. He stated the City was dealing with the Federal Government on the TCAAP property. Associate Planner Bachler stated that the Arden Hills Army Training Site was federally held land. However, one of the main reasons for the rezoning was to create consistency between the official zoning map and the Comprehensive Plan. In addition, the City does not want to run the risk of federal land being sold for residential development. Commissioner Holewa did not object to the rezoning at this time. Chair Larson asked if the City received any comments from the Army. Associate Planner Bachler reported the City did not receive any comments from the Army. Chair Larson opened the public hearing at 7:41 p.m. Chair Larson invited anyone for or against the application to come forward and make comment. Chair Larson There being no comment closed the public hearing at 7:42 p.m. Commissioner Holewa moved and Commissioner Thompson seconded a motion to recommend approval of Ordinance Number 14-005 in Planning Case 14-002 for an amendment to Section 1315.01 Zoning Map of the Arden Hills Zoning Code as presented in the April 9, 2014, report to the Planning Commission. The motion carried unanimously (6-0). CONSENT ITEM–5D MEMORANDUM DATE: April 28, 2014 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Ryan Streff, City Planner SUBJECT:Planning Case #14-012 Applicant: Hood Packaging Corporation Property Location: 1887 Gateway Boulevard Request: Planned Unit Development Amendment Requested Action Motion to Approve Planning Case 14-012 for a Planned Unit Development (PUD) Amendment to allow for the installation of one (1) double walled storage tank on the southeast side of the building located at 1887 Gateway Boulevard, based on the findings of fact and the submitted plans as amended by the five (5) conditions in the April 28, 2014, Report to the City Council. Background 1.Overview of Request Hood Packaging Corporation is located at 1887 Gateway Boulevard within the Gateway Business (GB) Zoning District. The property is generally positioned north of Interstate 694, south of Highway 96, east of Interstate 35W and west ofRound Lake. Hood Packaging is a national company that manufactures various types of paper and plastic packaging products.The applicant is requesting a Planned Unit Development (PUD) Amendment to install one (1) doubled walled storage tank along the southeastern side of the building. The proposed storage City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 17 Page of tank has the capacity of 2,500 gallons and is approximately five and one half (5.5) feet in height, fifteen (15) feet in length by three and one half (3.5) feet in diameter. The applicant has indicated that they are in the process of installing an additional printing press to expand the types of products they manufacture. With the new equipment coming online in the near future there is a need for an additional outside storage tank. The proposed tank would be used to store ink and solvent waste that is produced by the new flexographic printing process. According to the applicant, the waste materials that are produced by their manufacturing process are stored onsite and then collectedand transportedoff-site for recycling. There are currently four(4)similar storage tanks and two (2) silos on the property that were installedfollowing the approval of threeprevious PUD Amendments.The existingstoragetanks are used for housing new and recycled solvent along with waste ink and solvent that is produced during themanufacturing process. The two (2) silos are used for storing plastic resin pelletsthat are used for the extrusion laminator.This request would add one (1) additional storagetank to thesoutheastern side of the property.The proposed storage tank would be located adjacent to the existing storage tanks and within the current screening fence. The storage tankwould be placed horizontallybehind the existing tanks and approximately seven (7) feet from the external wall of the building. According to the applicant, the MPCA (Attachment F)requires that the tanks on the property be doublewalled and placed within a containment areaon the exterior of the building. The containment area in the event of an accident is requiredin order to hold the contents of the largest storage tank. The applicant currently has a containment curbing system in place that has the ability to hold one-hundred (100) percent of the contents of the largest tank on site. The applicants have a valid license with Ramsey County for handling hazardous materials (waste ink and solvent) that areproduced. Hazardous waste materials can be handled in the GB Zoning District with the proper licenses from the Ramsey County Public Health Department. The applicant has submitted anarrativeof theproject, a site planof the property,and the details of the storage tank. (AttachmentC & D) 2.Previous Planning Cases The property has been part offivepreviousplanning cases. In 1997, the original PUD was approved inPlanning Case 97-006.PUD Amendments in Planning Cases 00-017 and 00-031 were approved in 2000, forminor changes to the exterior of the building and to add storage tanks on the southeastside of the building.In 2007,a PUD Amendment was approved in Planning Case 07-013thatallowedthe installation of two additional storage tankswithin the previously City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 2of 7 approved screening area.Planning Case 11-019 was approved by a PUD Amendment in 2011, andallowedthe installation oftwo storage silos and one containment tank. Plan Evaluation 1.Conditional Use Permit Amendment –Section 1355.04 Subd 3 Section 1320.13 Special Requirements for the Gateway Business (GB) District of theArden Hills ZoningCodestates that site modification proposals in the GB District shall be reviewed according to the criteria forevaluatingConditional Use Permit (CUP) Amendmentsas listed in Section 1355.04 Subd 3. The Planning Commission and City Council shall consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, 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 this ordinance and the Comprehensive Development Plan for the City. 2.Section 1325 –General Regulations Regulation:1325.05 Subd. 4 Screening ofMechanical Operating Equipmentof the Zoning Code requires that above ground storage tanks shall be screened from the view of adjacent streets and differing land uses.Fences used for screeningshall conform to the requirements for fencing in this Section. Proposal:The proposed storage tank wouldbe placed within the existing screening fence that is constructed with galvanized chain-link fencing and tan colored slats. The tank would be placed horizontally behind the screening fence approximately seven (7) feet from the outside wall of the building.The double walled constructed tank is approximately five and one half (5.5) feet in City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 3of 7 height, fifteen (15) feet in length by three and one half (3.5) feet in diameter. The tank as proposed would not be taller in height than the existing screening fence. Regulations: Section 1325.07 Subd 5.Environmental Pollutionof the Zoning Code requires that emissionsor creation of noise, odors, vibrations, glare, dust, smoke, heat and toxic or noxious fumes shall conform to such standards as are from time to time established by the Minnesota Pollution Control Agency. None of these shall be at a level that is objectionable to surrounding properties. Proposal:The proposed outdoor storage tank isnot expected to produce any noticeable odor or noise outside of the building. If any types of objectionable emissions are produced, the applicant would be requiredto reduce or eliminate the emission so that anuisance is not created for adjacent properties. 3.Additional Review The Building Official, Assistant City Engineer,and the Fire Marshal have reviewed the application and have noted that the tank installation would need to comply with Building, Fire, and Mechanical Codesand all County and MPCA regulations. (Attachment F–MPCA Regulations) Resident Comments Staff has not received any letters, e-mails, or telephone calls from property owners or residents in regards to this planning case. Notice Notice was published in the Arden Hills/Shoreview Bulletin and notice was prepared by the City and mailed to residents within five hundred (500) feet of the subject property. Findings of Fact The Planning Commission reviewed this application at their April 9, 2014, meeting, and have offered the following findings of fact for your consideration: General Findings: City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 4of 7 1.That a PUD Amendment is required to add the additional storage tank to the property. 2.Hood Packaging Corporationis located at 1887 Gateway Boulevardand is a conforming use withinthe Gateway Business Zoning District. 3.ThePUD process allows for flexibility within the City’s regulations through a negotiated process with thedeveloperor landowner. 4.The applicant proposes to add one storage tankto the southeast side of the buildingwhere there are currently four (4) similar tanks installed. 5.The tankwould be placed horizontally behind the screening fence approximately seven (7) feet from the outside wall of the building. 6.The double walled constructed tank ismade from100% steel with a capacity of 2,500 gallons and is approximately five and one half (5.5) feet in height, fifteen (15) feet in length by three and one half (3.5) feet in diameter. 7.This proposalwill not impact lot coverage requirements, nor will it encroach on setbacks. On the Conditional Use Plan Evaluation Criteria: 8.The proposalwillnot impact traffic circulation or parking. 9.The proposal isnot expected to create noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, or other nuisance characteristics.The tankis made with double walled construction to contain the materialstored.Thecontainment area has been constructed per the MPCA regulations. 10.The proposalwill not impact drainage on the site. 11.The proposalwill not impact population density on the site. 12.The proposed storage tank would be placed within the existing screening fence that is constructed with galvanized chain-link fencing and tan colored slats. The proposed tank would not be taller in height than the existing screening fence. The useas proposedis compatible with other uses and structures on surrounding properties. 13.The proposed storage tank is unlikely to significantlyimpact land values on the subject property or on neighboring properties. 14.Park dedication requirements do not apply. 15.Theproposal is not anticipated to create a negative impact on the immediate area or the community as a whole. 16.The proposal does not conflict with the general purpose or intent of the Zoning Ordinance or Comprehensive Plan for the City. Recommendation The Planning Commission reviewed Planning Case 14-012 and unanimously recommends approval of a Planned Unit Development(PUD) Amendmentfor an additional outdoor storage tank at 1887 Gateway Boulevard, based on the findings of fact and the submitted plans as City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 5of 7 presented in the April 28, 2014, Report to the City Council, as amended by the following five (5) 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 one (1) additional double walled storage tank shall be permitted on the property and installed within the existing screening fence. 3.That the storage tank shall be completely concealed behind the screening fence. 4.That the storage tankshall meet all applicable Building, Fire and Mechanical Codesand all County and MPCAregulations. The applicant shall obtain all required permits prior to installation. 5.That the system tobe installedshall comply with the odor, noise, and other applicable Minnesota Pollution Control Agency regulations. Failure to comply with these regulations may result in a revocation of apermit. Requested Action Motion to Approve Planning Case 14-012 for a Planned Unit Development (PUD) Amendment to allow for the installation of one (1) double walled storage tank on the southeast side of the building located at 1887 Gateway Boulevard, based on the findings of fact and the submitted plans asamended by the five (5) conditions in the April 28, 2014, Report to the City Council. 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. The findings in this report currently support approval of this Planned Unit Development Amendment. With a motionto deny Planning Case 14-012,the findings must be amended to reflect the reasons for the denial. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on March 11, 2014. Pursuant to Minnesota State Statute, the City must act on this request byMay 10, 2014(60 days), City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 6of 7 unless the City provides the petitioner with written reasons for anadditional 60 day review period.The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Attachments A.Draft Planning Commission Minutes –April 9, 2014 B.Planning CommissionReport –April 9, 2014 C.Applicationand Narrative D.Construction Details and Site Map E.Aerial Photos of the Site F.MPCA Regulations City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 7of 7 Attachment A Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, APRIL 9,2014 6:30 P.M. -ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Clayton Larson called to order the regular Planning Commission meeting at 6:30p.m. ROLL CALL Present were: Chair Clayton Larson, Commissioners Brent Bartel (arrived at 6:36 p.m.), Andrew Holewa, Steven Jones (Alternate), Roberta Thompson, and Clayton Zimmerman. Absent: Commissioners Angela Hames and Sam Scott. Also present were: City Planner Ryan Streff; Associate Planner Matthew Bachler;Public Works Director, Terry Maurer;and Councilmember Fran Holmes. APPROVAL OF AGENDA –APRIL 9,2014 Chair Larson stated the agenda will stand as published. APPROVAL OF MINUTES March 5,2014–Planning Commission Regular Meeting Commissioner Zimmermanmoved, seconded by Commissioner Holewa, to approve the March 5,2014, Planning Commission Regular Meeting as presented. The motion carried unanimously (5-0). PLANNING CASES A.Planning Case 14-012;PUD Amendment –Hood Packaging Corporation –1887 Gateway Boulevard –Public Hearing City Planner Streff statedthat the applicant has requested a Planned Unit Development (PUD) Amendment to allow for the installation of one (1) double walled storage tank on the southeast side of the building located at 1887 Gateway Boulevard. ARDEN HILLS PLANNING COMMISSION –April 9, 20142 City Planner Streff explained that Hood Packaging Corporation is located at 1887 Gateway Boulevard within the Gateway Business (GB) Zoning District. The property is generally positioned north of Interstate 694, south of Highway 96, east of Interstate 35W and west of Round Lake. Hood Packaging is a national company that manufactures various types of paper and plastic packaging products. The applicant is requesting a Planned Unit Development (PUD) Amendment to install one (1) doubled walled storage tank along the southeastern side of the building. The proposed storage tank has the capacity of 2,500 gallons and is approximately five and one half (5.5) feet in height, fifteen (15) feet in length by three and one half (3.5) feet in diameter. City Planner Streff stated thatthe applicant has indicated that they are in the process of installing an additional printing press to expand the types of products they manufacture. With the new equipment coming online in the near future there is a need for an additional outside storage tank. The proposed tank would be used to store ink and solvent waste that is produced by the new flexographic printing process.According to the applicant, the waste materials that are produced by their manufacturing process are stored onsite and then collected and transported off-site for recycling. City Planner Streff commentedthatthere are currently four (4) similar storage tanks and two (2) silos on the property that were installed following the approval of three previous PUD Amendments. The existing storage tanks are used for housing new and recycled solvent along with waste ink and solvent that is produced during the manufacturing process. The two (2) silos are used for storing plastic resin pellets that are used for the extrusion laminator. This request would add one (1) additional storage tank to the southeastern side of the property. The proposed storage tank would be located adjacent to the existing storage tanks and within the current screening fence. The storage tank would be placed horizontally behind the existing tanks and approximately seven (7) feet from the external wall of the building. According to the applicant,the MPCA requires that the tanks on the property be double walled and placed within a containment area on the exterior of the building. The containment area in the event of an accident is required in order to hold the contents of the largest storage tank.The applicant currently has a containment curbing system in place that has the ability to hold one- hundred (100) percent of the contents of the largest tank on site. The applicants have a valid license with Ramsey County for handling hazardous materials (waste ink and solvent) that are produced. Hazardous waste materials can be handled in the GB Zoning District with the proper licenses from the Ramsey County Public Health Department. City Planner Streff reportedthatthe applicant has submitted a narrative of the project, a site plan of the property, and the details of the storage tank. City Planner Streff stated that the property has been part of five previous planning cases. In 1997, the original PUD was approved in Planning Case 97-006. PUD Amendmentsin Planning Cases 00-017 and 00-031 were approved in 2000, for minor changes to the exterior of the building and to add storage tanks on the southeast side of the building. In 2007, a PUD Amendment was approved in Planning Case 07-013 that allowed the installation of two additional storage tanks within the previously approved screening area. Planning Case 11-019 was approved by a PUD Amendment in 2011 and allowed the installation of two storage silos and one containment tank. ARDEN HILLS PLANNING COMMISSION –April 9, 20143 Site Data Future Land Use Plan:Light Industrial and Office Existing Land Use:Light Industrial (office space, manufacturing, and warehousing) Zoning:G-B: Gateway Business Current Lot Sizes:8.93 Acres (388,991sf) Topography:The building and parking area is generally flat. The property slopes steeply towards Round Lake along the NE side of the property, it also slopes towards Gateway Boulevard along the SW side of the property. City Planner Streff reviewed the surrounding area, the Plan Evaluation and the PUD Amendment regulations. City Planner Streff provided the Findings of Fact for review: General Findings: 1.That a PUD Amendment is required to add the additional storage tank to the property. 2.Hood Packaging Corporation is located at 1887 Gateway Boulevard and is a conforming use within the Gateway Business Zoning District. 3.The PUD process allows for flexibility within the City’s regulations through a negotiated process with the developer or land owner. 4.The applicant proposes to add one storage tank to the southeast side of the building where there are currently four (4) similar tanks installed. 5.The tank would be placed horizontally behind the screening fence approximately seven (7) feet from the outside wall of the building. 6.The double walled constructed tank is made from 100% steel with a capacity of 2,500 gallons and is approximately five and one half (5.5) feet in height, fifteen (15) feet in length by three and one half (3.5) feet in diameter. 7.This proposal will not impact lot coverage requirements, nor will it encroach on setbacks. On the Conditional Use Plan Evaluation Criteria: 8.The proposal will not impact traffic circulation or parking. 9.The proposal is not expected to create noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, or other nuisance characteristics. The tank is made with double walled construction to contain the material stored. The containment area has been constructed per the MPCA regulations. 10.The proposal will not impact drainage on the site. 11.The proposal will not impact population density on the site. 12.The proposed storage tank would be placed within the existing screening fence that is constructed with galvanized chain-link fencing and tan colored slates. The proposed tank would not be taller in height than the existing screening fence. The use as proposed is compatible with other uses and structures on surrounding properties. 13.The proposed storage tank is unlikely to significantly impact land values onthe subject property or on neighboring properties. 14.Park dedication requirements do not apply. 15.The proposal is not anticipated to create a negative impact on the immediate area or the community as a whole. ARDEN HILLS PLANNING COMMISSION –April 9, 20144 16.The proposal does not conflict with the general purpose or intent of the Zoning Ordinance or Comprehensive Plan for the City. City Planner Streff statedthatbased on the submitted plans and the findings of fact, staff recommends approval of Planning Case 14-012 for a Planned Unit Development (PUD) Amendment at 1887 Gateway Boulevard. Staff recommends the following five (5) conditions be included with the approval: 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 one (1) additional double walled storage tank shall be permitted on the property and installed within the existing screening fence. 3.That the storage tank shall be completely concealed behind the screening fence. 4.That the storage tank shall meet all applicable Building, Fire and Mechanical Codes and all County and MPCA regulations. The applicant shall obtain all required permits prior to installation. 5.That the system to be installed shall comply with the odor, noise, and other applicable Minnesota Pollution Control Agency regulations. Failure to comply with these regulations may result in a revocation of a permit. City Planner Streff reviewed the options available to the Planning Commission on this matter: 1.Recommend Approval with Conditions 2.Recommend Approval as Submitted 3.Recommend Denial 4.Table Chair Larson openedthe floor to Commissioner comments. Commissioner Thompson questioned if the City monitored the odor or smell emitted from the storage tanks. City Planner Streff commented this was not monitored by the City but would be complaint based. However, the storage tankwould be inspected by the City when installed and if there were any issues they would be addressed at that time. Commissioner Zimmerman asked if Hood Packaging would be hiring additional employees. Ted Hegstrom , Hood Packaging Corporation, stated his company would be hiring eight to ten new employees. Commissioner Jones questioned if the new storage tankwould be tied into the existing systems. Mr. Hegstrom stated this was the case. Chair Larson opened the public hearing at 6:41p.m. ARDEN HILLS PLANNING COMMISSION –April 9, 20145 Chair Larson invited anyone for or against the application to come forward and make comment. Chair Larson There being no commentsclosed the public hearing at 6:42p.m. Commissioner Holewamoved and Commissioner Thompsonseconded a motion to recommend approval of Planning Case 14-012for a Planned Unit Development (PUD) Amendment at 1887 Gateway Boulevardbased on the findings of fact and the submitted plans, as amended by the five (5) conditions in the April 9,2014, report to the Planning Commission. The motion carried unanimously (6-0). MEMORANDUM 3.A DATE: April 9, 2014PC Agenda Item TO: Planning Commission FROM: Ryan Streff, City Planner SUBJECT:Planning Case #14-012–Public Hearing Required Applicant: Hood Packaging Corporation Property Location: 1887 Gateway Boulevard Request: Planned Unit Development Amendment Requested Action The applicant hasrequesteda Planned Unit Development (PUD) Amendmentto allow for the installation of one (1) double walledstorage tankonthe southeast side of the building located at 1887 Gateway Boulevard. Background 1.Overview of Request Hood Packaging Corporation is located at 1887 Gateway Boulevard within the Gateway Business (GB) Zoning District. The property is generally positioned north of Interstate 694, south of Highway 96, east of Interstate 35W and west of Round Lake. Hood Packaging is a national company that manufactures various types of paper and plastic packaging products.The applicant is requesting a Planned Unit Development (PUD) Amendment to install one (1) doubled walled storage tank along the southeastern side of the building. The proposed storage tank has the capacity of 2,500 gallons and is approximately five and one half (5.5) feet in height, fifteen (15) feet in length by three and one half (3.5) feet in diameter. The applicant has indicated that they are in the process of installing an additional printing press to expand the types of products they manufacture. With the new equipment coming online in the near future there is a need for an additional outside storage tank. The proposed tank would be used to store ink and solvent waste that is produced by the new flexographic printing process. City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 1of 7 According to the applicant, the waste materials that are produced by their manufacturing process are stored onsite and then collectedand transported off-site for recycling. There are currently four(4)similar storage tanks and two (2) silos on the property that were installedfollowing the approval of threeprevious PUD Amendments.The existingstoragetanks are used for housing new and recycled solvent along with waste ink and solvent that is produced during themanufacturing process. The two (2) silos are used for storing plastic resin pelletsthat are used for the extrusion laminator.This request would add one (1) additional storagetank to thesoutheastern side of the property.The proposed storage tank would be located adjacent to the existing storage tanks and within the current screening fence. The storage tankwould be placed horizontallybehind the existing tanks and approximately seven (7) feet from the external wall of the building. According to the applicant, the MPCA (Attachment D) requires that the tanks on the property be doublewalled and placed within a containment areaon the exterior of the building. The containment area in the event of an accidentis requiredin order to hold the contents of the largest storage tank. The applicant currently has a containment curbing system in place that has the ability to hold one-hundred (100) percent of the contents of the largest tank on site. The applicants have a valid license with Ramsey County for handling hazardous materials (waste ink and solvent) that areproduced. Hazardous waste materials can be handled in the GB Zoning District with the proper licenses from the Ramsey County Public Health Department. The applicant has submitted anarrativeof theproject, a site planof the property,and the details of the storage tank. (AttachmentA& B) 2.Previous Planning Cases The property has been part offivepreviousplanning cases. In 1997, the original PUD was approved inPlanning Case 97-006.PUD Amendments in Planning Cases 00-017 and 00-031 were approved in 2000, forminor changes to the exterior of the building and to add storage tanks on the southeastside of the building.In 2007,a PUD Amendment was approved in Planning Case 07-013thatallowedthe installation of two additional storage tankswithin the previously approved screening area.Planning Case 11-019 was approved by a PUD Amendment in 2011 andallowedthe installation oftwo storage silos and one containment tank. 3.Site Data: Future Land Use Plan:Light Industrial and Office Existing Land Use:Light Industrial (office space, manufacturing, and warehousing) Zoning:G-B: Gateway Business Lot Size:8.93 Acres (388,991sf) City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 2of 7 The building and parking area is generally flat. The property slopes steeply towards Topography:Round Lakealong the NE side of the property, it also slopes towardsGateway Boulevardalong the SW side of the property. 4.Surrounding Area: DirectionFuture Land Use PlanZoningExisting Land Use Light Industrial and OfficeG-B: Gateway BusinessLight Industrial North Water -Round LakeWater -Round LakeWater -Round Lake SouthMixed BusinessG-B: Gateway BusinessVacant Light Industrial and OfficeG-B: Gateway BusinessLight Industrial East Water -Round LakeWater -Round LakeWater -Round Lake WestLight Industrial and OfficeG-B: Gateway BusinessLight Industrial Plan Evaluation Applicable GBLot Requirements 1.Minimum Lot Area (sf.)5 Acres 1.G-BRegulations, Existing Conditions, and Proposed Development 2. Minimum Lot Size (ft.,width/depth)100/130 3. Height (ft.)35 A.Lot Size & Dimensions: 4. Lot Covered by Structure- The lotis 8.93 acres(388,991 sq. ft.), 5. MinimumLandscape Lot Area35% with approximate dimensions of 530 feet by 760 feet. 6. Minimum Building Setbacks (ft) Front yard50 B.Structure Setbacks: Rear Yard (Principle)20 The original PUD approved a variance Rear Yard (Accessory)10 to reduce the eastern side yard parking Side Yard Interior -Principal lot setback to 10 feet. All other (Min/total both yards on lot)20/40 setbacks are conforming. Side Yard Interior -Accessory10 Side Yard Corner50 C.Lot Coverage: The structure on the lot is approximately 115,000 square feet with paved surfaces used for parking, driving,storageand loadingareas of 133,000 square feet. The landscaped area based on the existing conditions on the lot is approximately 36%. All existing tanks and silos along with the proposed tank are or will be built on top of existing impervious surfaces;no change in impervious coverage would occur with this application. The additional storage tank is not expected to impact access to the site or traffic circulation. There would not be any reduction in parking, as all parking is located on northwest side of the building. City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 3of 7 2.Conditional Use Permit Amendment –Section 1355.04 Subd 3 Section 1320.13 Special Requirements for the Gateway Business (GB) District of theArden Hills ZoningCodestates that site modification proposals in the GB District shall be reviewed according to the criteria forevaluatingConditional Use Permit (CUP) Amendmentsas listed in Section 1355.04 Subd 3. The Planning Commission and City Council shall consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, 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 this ordinance and the Comprehensive Development Plan for the City. 3.Section 1325 –General Regulations Regulation:1325.05 Subd. 4 Screening ofMechanical Operating Equipmentof the Zoning Code requires that above ground storage tanks shall be screened from the view of adjacent streets and differing land uses.Fences used for screeningshall conform to the requirements for fencing in this Section. Proposal:The proposed storage tank wouldbe placed within the existing screening fence that is constructed with galvanized chain-link fencing and tan colored slates. The tank would be placed horizontally behind the screening fence approximately seven (7) feet from the outside wall of the building.The double walled constructed tank is approximately five and one half (5.5) feet in height, fifteen (15) feet in length by three and one half (3.5) feet in diameter. The tank as proposed would not be taller in height than the existing screening fence. Regulations: Section 1325.07 Subd 5.Environmental Pollutionof the Zoning Code requires that emissionsor creation of noise, odors, vibrations, glare, dust, smoke, heat and toxic or noxious fumes shall conform to such standards as are from time to time established by the Minnesota Pollution Control Agency. None of these shall be at a level that is objectionable to surrounding properties. City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 4of 7 Proposal:The proposed outdoor storage tank isnot expected to produce any noticeable odor or noise outside of the building. If any types of objectionable emissions are produced, the applicant would be requiredto reduceor eliminate the emission so that anuisance is not created for adjacent properties. 5.Additional Review The Building Official, Assistant City Engineer,and the Fire Marshal have reviewed the application and have noted that the tank installation would need to comply with Building, Fire, and Mechanical Codesand all County and MPCA regulations. (Attachment C –MPCA Regulations) Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application and usewould adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following sixteen (16)findings of fact for consideration: General Findings: 1.That a PUD Amendment is required to add the additional storage tank to the property. 2.Hood Packaging Corporationis located at 1887 Gateway Boulevardand is a conforming use withinthe Gateway Business Zoning District. 3.ThePUD process allows for flexibility within the City’s regulations through a negotiated process with thedeveloperor land owner. 4.The applicant proposes to add one storage tankto the southeast side of the buildingwhere there are currently four (4) similar tanks installed. 5.The tankwould be placed horizontally behind the screening fence approximately seven (7) feet from the outside wall of the building. 6.The double walled constructed tank ismade from100% steel with a capacity of 2,500 gallons and is approximately five and one half (5.5) feet in height, fifteen (15) feet in length by three and one half (3.5) feet in diameter. 7.This proposalwill not impact lot coverage requirements, nor will it encroach on setbacks. On the Conditional Use Plan Evaluation Criteria: 8.The proposalwill not impact traffic circulation or parking. 9.The proposal isnot expected to create noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, orother nuisance characteristics.The tankis made with double walled construction to contain the materialstored.Thecontainment area has been constructed per the MPCA regulations. 10.The proposalwill not impact drainage on the site. City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 5of 7 11.The proposalwill not impact population density on the site. 12.The proposed storage tank would be placed within the existing screening fence that is constructed with galvanized chain-link fencing and tan colored slates. The proposed tank would not be taller in height than the existing screening fence. The useas proposedis compatible with other uses and structures on surrounding properties. 13.The proposed storage tank is unlikely to significantlyimpact land values on the subject property or on neighboring properties. 14.Park dedication requirements do not apply. 15.Theproposal is not anticipated to create a negative impact on the immediate area or the community as a whole. 16.The proposal does not conflict with the general purpose or intent of the Zoning Ordinance or Comprehensive Plan for the City. Recommendation Based on the submitted plans and the findings of fact, staffrecommendsapprovalof Planning Case 14-012for a Planned Unit Development(PUD) Amendmentat 1887 Gateway Boulevard. Staff recommends the following five (5)conditions be included with the approval: 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 one (1) additional double walled storage tank shall be permitted on the property and installed within the existing screening fence. 3.That the storage tank shall be completely concealed behind the screening fence. 4.That the storage tankshall meet all applicable Building, Fire and Mechanical Codesand all County and MPCAregulations. The applicant shall obtain all required permits prior to installation. 5.That the system tobe installedshall comply with the odor, noise, and other applicable Minnesota Pollution Control Agency regulations. Failure to comply with these regulations may result in a revocation of apermit. Proposed Motion Language 1.Recommend Approval with Conditions:Motion to recommend approvalof Planning Case 14-012for aPlanned Unit Development Amendmentat 1887 Gateway Boulevardbased on the findings of fact, submitted plans,and thefive (5)conditions in the April 9, 2014, Report to the Planning Commission. 2.Recommend Approval as Submitted:Motion to recommend approvalof Planning Case 14- 012 for a Planned Unit Development Amendment at 1887 Gateway Boulevard based on the City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 6of 7 findings of fact and the submitted plans in the April 9, 2014, Report to the Planning Commission. 3.Recommend Denial:Motion to recommend denialof Planning Case 14-012for a Planned Unit Development Amendment at 1887 Gateway Boulevard based on the findings of fact.... findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4.Table:Motion to tablePlanning Case 14-012for a Planned Unit Development Amendment at 1887 Gateway Boulevard in order to gather the following information….a specific reason and/or information request should be included with a motion to table. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on March 11, 2014. Pursuant to Minnesota State Statute, the City must act on this request byMay 10, 2014(60 days), unless the City provides the petitioner with written reasons for anadditional 60 day review period.The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Resident Comments Staff has not received any letters, e-mails, or telephone calls from property owners or residents in regards to this planning case. Notice Notice was published in the Arden Hills/Shoreview Bulletin and notice was prepared by the City and mailed to residents within five hundred (500) feet of the subject property. Attachments A.Applicationand Narrative B.Construction Details and Site Map C.Aerial Photos of the Site D.MPCA Regulations City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-012 -Hood Packaging -PUD Amendment\Memos_Reports_14-012 Page 7of 7 Attachment C Ryan B. Streff City Planner City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112-5743 March 6, 2014 Ryan, Hood Packaging Corporation is currently in the process of instal press at our Arden Hills, MN location. With this new machine we will need to install an addi double walled storage tank. This tank will store ink and solven printing process and is needed to house excess waste from the new machine. We are requesting a Planned Unit Development Amendment so that we may in of our building. We currently have 4 similar tanks installed on, two 3,000 gallon tanks housing new clean solvent, one 2,500 gallon tank housing recycled solvent, and one 2,500 gallon tank housing ink and solvent waste. The additional tank will be installed within the existing con containment curbing which can hold 100 percent of the contents of the largest tank p The tank will be plumbed into our existing closed loop system using double walled The tank is to be placed within the existing 7 foot tall tan colored fence. The proposed tank and containment are in compliance with MPCA regulations regarding above ground storage tanks and will be registered with the MPCA before being put into use. The tank will be placed horizontally behind the existing tanks approximately 7 feet from the outside wall of the building. The tank capacity is 2,500 gallons and is 64 tall by 15 long by 40. The tank is 100% steel and is to be painted white. Hood Packaging Corporation is licensed by Ramsey County as a large quantity hazardous waste generator. ID # MNR00010250 Please contact me if you have any questions I can be reached at 1/636-2500 x 291 or thegstrom@hoodpkg.com Regards, Ted Hegstrom Process Improvement Manager Hood Packaging Corporation 1887 Gateway Blvd Arden Hills, MN 55112 Attachment D Attachment F CONSENT ITEM 5E MEMORANDUM DATE: April 28, 2014 TO: Honorable Mayor and City Council Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services Kyle Howard, Finance Analyst st SUBJECT: 2014 1 Quarter Actuals Background/Discussion st Attached are the 1 Quarter Actuals for 2014. Overall expenditures are running near budget estimates for first quarter. Please remember that we receive 50% of our revenue from property nd taxes and will not receive the 2 half until December. Governmental accounting is not done on an accrual basis, therefore the number reflect what was actually taken in as revenue or paid out as expenditures thru March 31, 2013. Accruals, deferred revenue adjustments, etc. are only done at year-end. Basically General Fund expenditures from operating activities are running at or slightly below the budget estimates, revenues are running close to budget estimates. (Please note that the overall percentages look lower because property taxes, liquor licenses, etc are collected at year-end.) An Investment Portfolio has also been included with these financial reports. Per the Investment Policy, our Benchmark Rate is the 4M plus Rate. At March 31, 2014 this rate was 0.05% and our portfolio is averaging 2.595%. All of our investments are in government secured or investments that we can access at anytime. As we are trying to stay diversified in this area and we will be transferring between these accounts. We are working on cash flows with the PMP and other CIP projects, along with the utility billing cycles to determine how much we can invest and for what time periods. 3.01% of our total funds are in the League of Minnesota Cities 4M Fund and 4M Plus accounts. Staff Recommendation st Staff requests that Council accept the 1 Quarter 2014 Financial Reports. CONSENT ITEM 5F MEMORANDUM DATE: April 28, 2014 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: John M. Anderson P.E., Assistant City Engineer SUBJECT:National Pollution Discharge Elimination System (NPDES) Consultant contract to assist engineering in preparation of Stormwater Pollution Prevention Program (SWPPP) Requested Action Approve entering into an agreement with Bolton & Menk to provide engineering services related to NPDES permit compliance as detailed in the attached proposal at a cost not to exceed $14,970. Background Cities throughout Minnesota are required to obtain coverage under a general stormwater permit as administered by the Minnesota Pollution Control Agency (MPCA) in order to discharge stormwater. The program under which the MPCA issues stormwater permits is federally mandated the permit was recently reauthorized and Cities were required to revise their coverage under this permit. Arden Hills applied to reauthorization in the fall of 2013. The MPCA has approved that application and as of March 17, 2014 the coverage under the permit was extended. Discussion The permit written by the MPCA requires certain tasks be accomplished within specific time frames. The bulk of the requirements, of the first year of the permit reauthorization, , to provide a good sound legal basis from which to implement the remaining portions of the permit requirements. City staff requested a proposal from four engineering firms to complete a scope of work focused on reviewing and updating the existing ordinances related to stormwater. Those firms were asked to provide a proposal describing their approach, schedule, qualifications, project team, and fees for this work. The City received three proposals for ATTACHMENT A). this work ( Staff has reviewed the proposal contents and recommends award to Bolton & Menk. The proposal submitted by Bolton & Menk demonstrates a clear understanding of the needs, as well as providing consultant staff experienced in these areas. All the work is proposed to be completed at a mid range fee. Page 1 of 2 P:\PR&PW\Numbered Projects\PW-12-0002 MPCA NPDES MS4 Permit\2013 permit reapply\4-28- 14Memo_NPDES_consultant_services.doc Financial Implications The City has budgeted $20,000 for Stormwater - NPDES Compliance in 2014. The proposal from Bolton & Menk is in the amount of $14,970 and is the first step in this multi-year permit. Page 2 of 2 P:\PR&PW\Numbered Projects\PW-12-0002 MPCA NPDES MS4 Permit\2013 permit reapply\4-28- 14Memo_NPDES_consultant_services.doc Attachment A April 21, 2014 Mr. John Anderson, P.E. Assistant City Engineer City of Arden Hills 1245 W. Highway 96 Arden Hills, MN 55112 RE: Proposal for MS4 Permit Compliance Assistance City of Arden Hills, Minnesota Dear Mr. Anderson: Bolton & Menk, Inc. is pleased to present this proposal for professional consulting engineering services relative to your request for assistance in compliance with the reissued National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Permit for Municipal Separate Storm Sewer Systems (MS4s) Permit MNR040000. Our proposal is based on your approved MS4 Stormwater Pollution Prevention Program (SWPPP) Application for Reauthorization. As you are aware, the SWPPP reauthorization process required the City to commit to revising ordinances, establishing written procedures and documentation methods, including the following major items among others: 1.Revising the Illicit Discharge Ordinance to include procedures for responding to, investigating and eliminating illicit discharges and update the Illicit Discharge Detection and Elimination Program. 2.Establishing dry weather inspection procedures and documentation to detect illicit discharges. 3.Revising the current ordinances to include stormwater management provisions, including: a.Post construction runoff volume, Total Phosphorus (TP) and Total Suspended Solids (TSS) limitations. b.Stormwater management limitations and exceptions regarding infiltration techniques, including those on linear projects. c.Providing off-site mitigation opportunities for developments that cannot meet these limitations on-site. d.Providing permanent city access to all structural Best Management Practices (BMPs) designed to meet these limitations for performance evaluations and maintenance needs. 4.Revising the education and outreach program. 5.Establish Enforcement Response Procedures (ERPs). 6.Establish written procedures for the following: a.Conducting site plan reviews. b.Public notification of stormwater noncompliance issues. c.Inspecting structural BMPs inspection and documentation. 7.Create an inventory of municipal facilities and operations. 8.Develop BMPs to be used to protect drinking water sources. 9.Develop procedures for determining the TSS and TP treatment effectiveness of City owned ponds. 10.Develop a stormwater training program for applicable City employees. AH_MS4 Assistance Letter Proposal April 21, 2014 Page 2 The Arden Hills SWPPP reauthorization application received coverage from the MPCA on March 17, 2014. Most of the tasks described above need to be formally adopted by the City within one year. Based on this need and timing, this proposal defines our proposed scope of work, costs for the requested services, and a completion schedule. Thank you again for considering Bolton & Menk, Inc. for your civil engineering needs. Please feel free to contact me if you have any questions or if you require any additional information. Sincerely, BOLTON & MENK, INC. Marcus Thomas, P.E. Lanol Leichty, P.E. Principal Engineer Water Resources Engineer Enclosures: Scope of Services Completion Schedule Estimated Fees Project Team and Experience DESCRIPTION OF PROPOSED PROJECT The City of Arden Hills needs to update its policies, procedures and documentation practices to be in compliance with the newly approved Municipally Separate Storm Sewer System (MS4) permit. As part of the permit renewal, the city committed to enacting these updates within 12 months of MPCA approving the permit. In particular, we propose to assist city staff with the following: I.Reviewing and recommending updates to your storm water ordinances, including: a.Addressing site plan review requirements regarding erosion and sediment controls and waste controls. b.Post construction stormwater management that address: i.Conditions for post construction stormwater management. ii.Stormwater management limitations and exceptions. iii.Mitigation provisions. iv.Long-term maintenance of structural stormwater BMPs. II.Assisting in the development of Enforcement Response Procedures (ERPs). III.Addressing each component identified as lacking in your permit for the 6 Minimum Control Measures (MCMs). The work associated with assessing your existing MS4 program will be similar to an internal audit of the Citys SWPPP. The current rules, policies and standards will be reviewed and compared to the new MS4 permit requirements to see what changes may be required to the City SWPPP and ordinances. SCOPE OF WORK Our procedure for assisting the City of Arden Hills with its MS4 permit compliance includes the following tasks: I.Existing Stormwater Ordinance Revisions The new permit has eight (8) specific items that are required of owners/operators when developing site plans that incorporate erosion and sediment controls and waste controls into their plans. We will review the Citys existing ordinances and recommend ways to integrate these requirements. The new permit has specific limitations on runoff volume, TP loading and TSS loading for new and redevelopment projects. The permit also has limitations in the use of infiltration techniques in regards as to where these practices are located and the conditions under which they may be used. Exceptions are allowed under certain circumstances for linear projects that lack right-of-way to install volume control practices. Our assessment and recommended ordinance revisions will directly address these items. The new permit allows for off-site mitigation options when the TSS and/or TP requirements of the post-construction stormwater management criteria cannot be met. We will prepare ordinance language that addresses these permit requirements. In addition, we will use mapped GIS information to quickly map areas where infiltration practices can, and cannot be allowed. The new permit requires the establishment of legal mechanism(s) between the City and owner/operators responsible for the long-term maintenance of structural stormwater BMPs not owned by the City. We will recommend ordinance language that meets this permit requirement, along with preparing a draft stormwater maintenance agreement for staff review. Bolton & Menk will compare your current stormwater management ordinances and prepare a draft ordinance with recommended modifications for staff consideration. We propose to forward these draft ordinances to your staff for consideration prior to scheduling a meeting to discuss the recommended revisions. Based on the outcome and consensus modifications, we anticipate developing a final revised ordinance recommendations for staff and ultimately City Council consideration. II.Develop Enforcement Response Procedures (ERPs) The new permit requires the development of ERPs associated with discovered violations to the various new ordinances being reviewed and revised. To meet this need, Bolton & Menk will work with staff to develop a table of violations vs. enforcement procedures as part an administrative task for each ordinance. It is desired that the administrative table can be referenced in the proposed new ordinances and that it can be revised as needed by Council resolution rather than revising the ordinance on a regular basis. The City will need to develop procedures and forms for Illicit Discharge Detection and Elimination as well as develop a record keeping and documentation process that meets the current permit requirements III.Address Permit Changes for the Minimum Control Measures (MCMs) Bolton & Menk has reviewed your SWPPP reauthorization application and noted the following commitments that are above and beyond the items described in Tasks I and II above: MCM 1 - The City has committed to the following public education and outreach categories: -revise the program to include specifically selected stormwater issues, -revise the program to include illicit discharge recognition and reporting, -review the program priorities and make modifications as necessary. -document the following program activities annually: specifically selected stormwater related issues o implementation plans o annual review findings o activities held o materials distributed o -Bolton & Menk will provide two education articles that the City can use in their monthly newsletters to meet the commitments of MCM 1. MCM 3 - The City will need to develop procedures and forms for Illicit Discharge Detection and Elimination and also develop a record keeping and documentation process that meets the current permit requirements. MCM 4 - The City will need to: -establish written procedures for site plan reviews that are conducted prior to the start of construction activity. -establish written procedures for receipt and consideration of reports for noncompliance of stormwater related activities. -establish written procedures for conducting site inspections to determine compliance with City regulatory mechanisms. -develop a documentation process for each permitted construction project that includes keeping records of construction project name, location, total acreage to be disturbed, and owner/operator information. -develop a program to document stormwater-related comments and related information used to determine project approval or denial. MCM 5 - The City will need to develop written procedures for conducting site plan reviews prior to the start of the construction project. -The City will need to establish the following procedures for documenting post- construction stormwater management, according to the permit: Supporting documentation used to determine compliance with the permit, o including the project name, owner/operator of the construction activity, checklists used for review, and any calculations use to determine compliance. Supporting documentation for authorized mitigation projects. o Payments received and used for mitigation purposes. o Documentation of all legal mechanisms for long-term maintenance, including o dates of the agreement and all responsible parties involved. MCM 6 - The City will need to: -prepare an inventory of all municipal facilities and operations that contribute pollutes to stormwater discharges. -create a map that identifies source water protection areas for surface water intakes. -develop procedures and a schedule for determining the TSS and TP treatment effectiveness of City owned/operated ponds. -develop BMPs that can be used to protect drinking water sources. -develop and implement a general staff training program to meet the permit requirements relative to good housekeeping for municipal operations. Bolton & Menk will assist your staff in preparing the appropriate procedures and training techniques to ensure that the City meets these additional commitments as detailed in your SWPPP reauthorization application. It is Bolton & Menks expectation that the City, as part of Task 6 MCM 3, will complete the pond inventory, outfall inspections, and train field staff in illicit discharge detection. As part of Task 9 MCM 6, it is our expectation that the City will develop a seasonal staff position and hold the quarterly collaboration meetings with Ramsey County. IV.Coordination Meetings We propose up to 3 meetings with City Staff during the course of this project. A project initiation meeting will be held to exchange and gather information. After draft documents and ordinances have been submitted to the City for review we propose to meet to discuss your comments and recommendations. An additional meeting has been planned, as necessary, to go over revisions and finalize written procedures. SCHEDULE To help you meet this schedule, we propose to begin work within 10 days of receiving your Notice to Proceed. We recommend waiting before finalizing several of the MCM requirements to verify whether the special committees assembled by the Minnesota Cities Stormwater Coalition (MCSC) will ultimately develop specifically recommended wording for the required ordinance revisions. Bolton & Menk has staff that has volunteered to serve on these committees and will be happy to share the committees recommendations. By being patient, the City of Arden Hills may be able to take advantage of these cost saving measures and use the MCSC recommendations. The MCSC plans on having these documents reviewed by the MPCA in advance of being distributed. This proposal is based on our intent to assist the City of Arden Hills to fulfill the commitments made in its SWPPP reauthorization application before March 17, 2015. FEES Bolton & Menk, Inc. will provide the above outlined services in accordance with the following Table. Task Description Hours Proposed Fee I Existing Stormwater Ordinance Revisions 16 $2,040.00 II Develop Enforcement Response Procedures 8 $1,020.00 III Address Permit Changes for the MCMs - MCM 1 4 $600.00 - MCM 3 10 $1,500.00 - MCM 4 20 $2,700.00 - MCM 5 15 $2,100.00 - MCM 6 16 $2,580.00 IV Coordination Meetings 18 $2,430.00 Total$14,970.00 Note: We have allowed for four hours of GIS mapping in MCM 6 to assist with the facilities inventory and source water protection area map. ADDITIONAL SERVICES Bolton & Menk has abundant experience in conducting pond and outfall inventories for MS4s. We are available to assist the City with these tasks if support is needed. Any requested additional work or services will be performed at our regular hourly rates. If requested, we can provide our schedule of fees. Proposed Project Team and Experience A concise summary of qualifications for key project team members is presented in the following paragraphs of this section. Mr. Douglass will serve as Principal-in-Charge on this project and will be responsible for ensuring that the project meets your timeline. He will also be responsible for Quality Assurance and Quality Control by meeting with City staff at key milestone phases of the work and reviewing documents prior to submittal. Mr. Douglass is the Manager of the Water Resources Group for Bolton & Menk, Inc., joining the firm in 1983. Mr. Douglass specializes in hydrologic modeling and storm water design and management services in both urban and agricultural areas. His hydrologic expertise has been instrumental in comprehensive storm water analyses as part of Storm Water Master Plans (SWMPs) for several metropolitan area communities under Met Council Jurisdiction. Mr. Douglass has also served as City Engineer for several communities in Minnesota and Iowa. His effective communication with City Councils, service on a multitude of committees, expert witness experience, and technical capabilities make him an integral part of any project team. Mr. Leichty will serve as the Project Manager on the project and has extensive experience working on several Metropolitan Area MS4 permits and associated SWPPPs. He also has extensive experience in writing ordinances for communities, specifically related to stormwater management. It is anticipated that Mr. Leichtys extensive municipal, water resources, and MS4 permitting experience will be best utilized as a liaison to the Program Manager to ensure effective QAQC, to brainstorm effective design solutions, and discuss project alternatives. Mr. Leichty began his engineering career in 1985 and is a Project Engineer with experience in both the public and private sectors of municipal engineering. He has a wide variety of experience in both municipal and water resources related projects. Mr. Leichty has additional experience that includes technical review of development plans and specifications to ensure they meet local government ordinance requirements and City, County, State, and WMO storm water regulations. Storm water runoff management projects that involve volume reduction that have been designed by Mr. Leichty have included infiltration basins, bioretention swales and rain gardens. Design of Best Management Practices (BMPs) into erosion control plans and preparation of Storm Water Pollution Prevention Plans are also one of his responsibilities. Bolton & Menk, Inc. has prepared SWPPPs for numerous cities throughout the Upper Midwest. Bolton & Menk works directly with City Staff to formulate an acceptable plan and with the MPCA to ensure the acceptability of the plan. We have prepared National Pollutant Discharge Elimination System (NPDES) Phase II permits and citywide SWPPPs for the following cities: Big Lake North Mankato ·· Elko New Market Owatonna ·· Empire Township Osseo ·· Fairmont Redwood Falls ·· Litchfield St. Bonifacius ·· Mankato Waconia ·· Mound · City of Arden Hills Proposal for Assistance with NPDES-MS4 Permit Implementation April 18, 2014 Mr. John Anderson, P.E. Assistant City Engineer City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112-5743 Dear Mr. Anderson: Thank you for the opportunity to submit this proposal to help th permit requirements. As requested, on the following pages we present our firms exper plan to accomplish the requested tasks, a cost and time estimate by task, a project schedule descriptions of project personnel. If you have any questions as you review this proposal, please co-479-5131 or snelson@wenck.com. On behalf of the 200+ employee-owners of Wenck Associates, thank you again for this opportunity. Sincerely, WENCK ASSOCIATES, INC. Susan Nelson MS4 Coordinator 1 T:\3554 City of Arden Hills\P-00\MS4 Proposal 2014\Proposal.docx\KWB-lmh City of Arden Hills Proposal for Assistance with NPDES-MS4 Permit Implementation Wencks Experience During the recent permit renewal period, Wenck Associates worked and the cities of Corcoran, Dayton, and Loretto to review their Prevention Plans (SWPPPs) and submit revised SWPPPs and permit applications to the MPCA. We continue to assist our clients as their permits take effect, their policies and procedures for all permit requirements. As we make progress, we are developing a MS4 master document for our municipal clients that includes information about each section of the permit: I.MS4 SWPPP Application for Reauthorization II.General Permit MNR040000: Authorization to Discharge Stormwater Municipal Separate Storm Sewer Systems III.MPCA Communications IV.Partnerships V.Regulatory Mechanisms VI.Enforcement Response Procedures VII.Storm Sewer System Map, Inventory, and Inspection Forms VIII.Minimum Control Measures IX.Discharges to Impaired Waters X.Alum or Ferric Chloride Phosphorus Treatment Systems XI.Annual MS4 Reports XII.Schedule of 2014 Tasks, Training Rosters, Training Resources When completed, the master documents will provide a single sourc program and a roadmap to meet permit requirements through 2018, permit term. It also provides staff with a single reference that can be questions the agency may have regarding permit compliance. Work Plan Our work plan follows the tasks outlined in the Request for Propaddition of several meetings to kick off and discuss progress with the project. For the subtasks based on the 6-month or 12-month deadlines given in the excerpt from the Citys MS4 permit application. Tasks within six-month deadline By September 16, 2014, Wenck will review existing policies, proc compare them to new permit requirements. Potential revisions wil requested: 2 T:\3554 City of Arden Hills\P-00\MS4 Proposal 2014\Proposal.docx\KWB-lmh City of Arden Hills Proposal for Assistance with NPDES-MS4 Permit Implementation Regulatory mechanisms for construction site stormwater runoff control, post-construction stormwater management Enforcement response procedures Public education and outreach (MCM 1) Illicit discharge detection and elimination program (MCM 3) Construction site stormwater runoff control program (MCM 4) Post-construction stormwater management program (MCM 5) Pollution prevention/good housekeeping for municipal operations Recommend and schedule Best Management Practices (BMPs) that tar o surface water source intakes. Complete an inventory of municipal facilities; this can be as si o that documents facility names, addresses, descriptions, and inspection schedules. Wenck is committed to completing each of these tasks on or befor meeting is suggested before the end of May to introduce staff an meeting is suggested no later than September 30, 2014, to review documented progress. Conference calls between meetings will update staff in the interim. Tasks within twelve-month deadline From September 2014 through March 17, 2015, Wenck plans to draft revised ordinances and/or policies based on the results of its reviews. Revised ordinances will be p consideration, further revision, and final approval. We suggest this time, as well as attendance and presentation at Council meetings. Also within this deadline, Wenck will complete the following tasks for MCM 6, Pollution Prevention/Good Housekeeping for Municipal Operations: Develop a schedule to implement surface water source intake BMPs Develop a procedure to determine the TSS and TP effectiveness of Develop a training program that can be scheduled for full-time existing employees, new hires, and seasonal employees. Conduct the first training session. Costper Task Our estimate of time and cost for each task is presented as Atta these assumptions: City staff will provide access to policies, procedures, ordinanc related to the SWPPP. With the exception of the first stormwater management training, Wenck is not needed for city operations. City staff will implement the programs and procedures in the SWPPP. 3 T:\3554 City of Arden Hills\P-00\MS4 Proposal 2014\Proposal.docx\KWB-lmh City of Arden Hills Proposal for Assistance with NPDES-MS4 Permit Implementation Wenck will hold a kickoff meeting and two progress meetings, and attend three Council meetings. (Cost can be adjusted if more or fewer meetings are desired.) Wenck will not exceed the final cost estimate without City approval. Schedule Our schedule is presented as Attachment B. All deadlines are bas complete tasks within 6 or 12 months from the permit effective date of Masks may be completed sooner than by those deadlines. Personnel Susan Nelson and Heather Libby propose to assist the City with this project. Both are experienced in developing SWPPPs and working with NPDES permits. Most recently, Susan has been helping the cities of Corcoran and Loretto with similar projects related to their r available at your request. No change in staff will occur without approval from the City of Arden Hills. Susan Nelson, MS4 Coordinator M.S., Botany B.S., Biology Susan has been with Wenck Associates for seven years in various she has assisted the cities of Corcoran and Loretto by compiling annual MS4 reports, leading annual public meetings, spearheading permit renewal applications and SWPPP modifications MS4 programs in master files. Susan will serve as the primary client contact and coordinator. She can be reached at 763-479-5131 or snelson@wenck.com. Heather Libby, P.E., Project Engineer B.S., Geological Engineering Erosion/Sediment Control Specialist training (Site Management and SWPPP Design) Heather has 12 hears of experience in civil engineering, municipal engin SWPPP preparations, and erosion and sediment control inspection Her experience includes developing SWPPPs for various construction projects in Minnesota, Iowa, and North Dakota. She is knowledgeable in the use of HydroCad as a stormwater modeling pr runoff and size stormwater management features. Heather will focus on tasks that target protection of surface waakes and development of procedures to determine the TSS and TP effectiveness of the City the first training session. 4 T:\3554 City of Arden Hills\P-00\MS4 Proposal 2014\Proposal.docx\KWB-lmh City of Arden Hills Proposal for Assistance with NPDES-MS4 Permit Implementation Attachments 5 T:\3554 City of Arden Hills\P-00\MS4 Proposal 2014\Proposal.docx\KWB-lmh engineering planning environmental construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 April 17, 2014 Mr. John Anderson Assistant City Engineer City of Arden Hills 1245 Highway 96 Arden Hills, MN 55112-5743 Re: Proposal for Professional Services NPDES MS4 Permit Reauthorization City of Arden Hills, MN Dear Mr. Anderson: WSB & Associates, Inc. (WSB) is pleased to submit this proposal to the City of Arden Hills (City) to complete the tasks identified in Arden Hills reauthorization application, under which the City’s permit coverage was extended on March 17, 2014. We present our proposal in the following sections: Statement of Objectives, Goals, and Tasks Work Plan Schedule and Fee Experience Project Personnel This letter and the sections that follow represent our understanding of the project scope. If you are in agreement, please sign on the space provided and return one original signed copy to us for our records. We will start immediately upon receipt of the signed agreement. If you have any questions concerning the work plan or fee as discussed herein, please feel free to contact me at 763-231-4876. We look forward to working with you and greatly appreciate the opportunity to assist you and your staff in the completion of this project. St. Cloud Minneapolis St. Paul Equal Opportunity Employer wsbeng.com C:\Users\bbarth\Desktop\Municipal Clients\Arden Hills\MS4\Cover Letter.doc Mr. John Anderson April 17, 2014 Page 2 Sincerely, WSB & Associates, Inc. Bob Barth Senior Project Manager ACCEPTED BY: City of Arden Hills, Minnesota NPDES MS4 Permit Reauthorization $______ (Initial) Name Title Date C:\Users\bbarth\Desktop\Municipal Clients\Arden Hills\MS4\Cover Letter.doc Statement of Objectives, Goals, and Tasks TheCityofArdenHillsisseekingconsultingservicesforworkrelatedtoitscompliancewithitsrecentlyapproved reauthorizationforcoverageundertheNPDESMS4permit.TheCityhas12monthsfromtheMarch17,2014notificationof coveragetocompletecertainactivitiesidentifiedwithinitsapplication.Thisproposaldescribesprofessionalservicesto completethefollowingactivitieswithinthenextseveralmonths: ReviewexistingCityordinanceandguidanceanddevelopnewordinance,checklists,andamaintenanceagreement tomeetpermitrequirementsforregulatorymechanisms. HelpArdenHillsdevelopenforcementresponseprocedures(ERPs)forillicitdischarge,constructionsitestormwater andpostconstructionstormwatermanagement. InadditiontonewregulatorymechanismsandERPs,developprogramelementsforMCM1,3,4,5,and6as identifiedintheRFP. Attendonekickoffmeeting,oneupdatemeeting,andaCityCouncilmeetingaspartoftheproject. Completetheprojectinatimelyfashion,wellbeforetheoneyeardeadline. Work Plan WSBwillworkwithCitystafftodeveloparevisedStormwaterPollutionPreventionProgram(SWPPP)thatmeetsthepermit requirementsdefinedinthe/z·äxApplicationforReauthorization,andassiststaffwiththeinitial12monthimplementation ofthenewMS4Program. ThefollowingtasksaredesignedsothattheCityachievestheprogramupdaterequirementsbytheendoftheallottedtwelve monthtimeframe(March17,2015).Itisourintentthatthemajorityoftheworkoccurwithinthefirstfewmonths. w;mÒ ·©äa;-w z/·©Ò-·z{·©Þ ·;© ArdenHillshasidentifiedthatitsregulatorymechanismsforconstructionactivitystormwaterrunoffcontroldonotmeetthe minimumstandardssetbytheNPDESConstructionSitePermit.WeassumethattheCitywillneedordinanceupdatesand designguidancetofullyimplementacompliantconstructionstormwaterprogram.Therefore,inthistaskwewill: Reviewexistingordinanceforreferencestoconstructionsitestormwatercontrol DevelopaconstructionsitecontrolordinanceatleastasstringentastheNPDESConstructionStormwaterPermit. ReviewourproposedordinancelanguagewiththeCityattorney. Recommendadditionalchangestoexistingordinancetoeliminateredundanciesorinconsistencieswiththenew ordinance. Develop(orrevise)the/z·äxinternalproceduresforconstructionsiteinspection. Develop(orrevise)agradingplanpermitandprocessforissuingthepermit. Accordingtothepermit,aconstructionstormwaterprogrammustincludedefinedEnforcementResponseProcedures(ERPs) andArdenHillshasidentifieddevelopingtheseERPsasaworkitem.WeincludeERPdevelopmentundertask3. tw;mÒ ·©äa;-w zt·/·©Ò-·z{·©Þ ·;© ArdenHillspostconstructionstormwaterprogramdefinespollutantremovalsexpectedofdevelopmentandredevelopment, includinglinearprojects,suchthattheexistingwaterqualityofreceivingwatersisnotfurtherdegradedbythedevelopment activity.Thisconcept,nondegradation(orantidegradation),ispartoftheCleanWaterAct.Apostconstructionprogram thatmeetsminimumpermitrequirementswillstipulatepollutantremovaltargets,whensiteconstraintscanmodifypollutant removaltargets,howindividualsiteresponsibilitiescanbetransferredoffsite,andtheuseofmaintenanceagreementsfor privatelymaintainedfacilities.Toaccomplishthiswewill,underthistask: Reviewexistingordinanceforreferencestopostconstructionstormwatercontrol. DevelopapostconstructionstormwatercontrolordinanceatleastasstringentastheNPDESConstruction StormwaterPermit,especiallyasitrelatestoallowablepollutantloading. Developcomprehensive{zz· ·z|languageontheuseofcertainBMPs(especiallyimportantgiven contaminationontheTCAAPsite). bt59{a{ t;©z·w; Ò·w©zé ·z CityofArdenHills t m; ReviewourproposedordinancelanguagewiththeCityattorney. Recommendadditionalchangestoexistingordinancetoeliminateredundanciesorinconsistencieswiththenew ordinance. Developamaintenanceagreementforprivatelyownedstormwatermanagement. t9E©-;;·w;¦;t©-;7Ò©; WSBwillreviewEnforcementResponseProcedures(ERPs)thatwilldescribeinternalstaffproceduresfornon compliancetothestandards,policies,andordinancesrelatedtoillicitdischargedetectionandelimination,construction siteerosionandsedimentcontrol,andpostconstructionstormwatermanagementrequirements. ArdenHillshasERPsforconstructionsitestormwatermanagementandutilizesRamseyConservationDistrictforits inspectionswiththeAssistantCityEngineersupervisingthisinspectionprogram.Wewillreviewtheseproceduresand incorporaterecommendednewproceduressuchasescalatedenforcementmeasures(verbalwarnings,writtennotices,stop work,denialofoccupancyintoarevisedconstructionstormwatermanagementordinanceaswellasanyotherpublished guidancetypicallyusedbyArdenHills. Formostcommunities,postconstructionERPsareusuallynotwelldefined.WSBwilldevelopERPsforpostconstructionand includetheseinthepostconstructionordinanceandthemaintenanceagreementdevelopedintask2. ERPsforillicitdischargedetectionandelimination.Wewillreviewcurrentordinance ArdenHillshasidentifiedtheneedfor anddevelopnewordinance,perhapsinthepostconstructionstormwatermanagementordinance,thatgivestheERPsfor illicitdischargedetectionandeliminationtheappropriatelegalauthority. t{·©{;Þ;©{ä·;a ¦ 7LÝ;·©ä TheRFPstatesthatArdenHillsstaffwillbeperformingthistask. ta/a tÒ,z-97Ò- ·z 7hÒ·©; -w Thisactivitywillincludereviewingthecurrenteducationprogramandprovidingrecommendations,suchasfocusingonhigh prioritystormwaterrelatedissuestobeemphasizedforeducationandoutreachduringthepermitterm(e.g.specificTMDL reductiontargets&BMPactivities,promotingadoptionoftheresidentialBMPs,Citywebpageupdates,publicparticipation events,etc.). ArdenHillshasalreadyidentifiedillicitdischargerecognitionandreportingasapriorityforpubliceducationandoutreachso wewilldevelopprogramrevisionstoaccomplishthisasthefirstä; ©xprioritystormwaterissue.Thoughstormwater prioritieschangeyeartoyear,wewilldevelopaprogramoffutureissuesforemphasisandidentifytheresourcesavailablefor ArdenHillstobringthisissuetoitscitizens.Theworkalsoinvolvesdevelopingdocumentationtemplatesfortheeducation program. ta/a tLz-z·5z-w ©m;5;·;-·z 79zz ·z Intask3above,wedeveloptheERPsandordinancerevisionsneededforMCM2. Undertask6wewillprovidetrainingoffieldstaffforillicitdischargerecognitionsandresponse.Weanticipatetwotraining sessionstoprovideadditionalflexibilitytoCitystaff.ThesecouldbeheldatatimeofyearmostconvenienttoCitystaff. Undertask6wewillalsodeveloprecordkeepingtemplatesforillicitdischarge. ta/a t/·©Ò-·z{z·;{·©Þ ·;©wÒEE/·© WedeveloptheregulatoryprogramforMCM4undertask1(essentiallyordinanceupdates)andtheERPsforMCM4under task3. bt59{a{ t;©z·w; Ò·w©zé ·z CityofArdenHills t m; WSBstaffwillreviewthe/z·äxexistingconstructionsitestormwatermanagementprogramcomponentsforneededupdates tomeetnewMS4permitrequirements.Undertask7wewilldeveloptheplanreviewchecklistsforArdenHillstousewhen reviewinggradingapplications,aswellasproceduresforusingthechecklistsandmanagingthesiteplanreviewprocess.For instance,theproceduresmayspecifythatapplicantsattendapreprojectmeetingwithCitystafftoreviewtheirsitepriorto submittinganapplicationforreview.WewillalsoidentifydesignresourcesappropriatetoArdenHills.Thesedesign resourcescouldincludetheat/!xMinnesotaStormwaterManual,existingCityDesignguidance,orotherresourcestheCity seesasuseful. ta/att·/·©Ò-·z{·©Þ ·;©a m;;· Wewilldevelop(orrevise)the/z·äxplanreviewchecklistsforpostconstructionrequirements.Importantly,thechecklist willsetsubmittalrequirementsforprojectproposers.Wewillalsodevelopaneasilyunderstoodmitigationprogramwhich wouldallowtheCityto{·© 7;|TP,TSS,andrunoffvolumemitigationwithinitsMS4boundary,withthelimitationthatwater qualitytradeshouldbenefitthesamereceivingwaterinmostcases. ta/attÒ·zt©;Ý;·zD7IÒ;;;¦zmE©aÒz-z¦ h¦;© ·z TheFacilitiesInventorywillbeconductedandinclude:MeetingwithPublicWorksstaff(combinedwithotheragendaitems) togatherandcompileexistingrelevantinformation,completeonefacilityinspectionofeachCityownedandoperated facility,anddevelopaGISinventoryofallmunicipallyowned/operatedfacilities.Thisinventorywillincludefacilitymapsand alistofallpotentialstormwaterpollutiongeneratingactivitiesandmaterial(s)beingstoredonsite,alongwithBMPs designedtopreventdischargesofpollutantsresultingincontactwithstormwater. a;;·zm WehaveassumedtwomeetingswithstaffduringthecourseoftheprojectandattendanceataCityCouncilmeeting. Schedule and Fee Weproposetohaveallordinancelanguage,checklists,ERPsandotherpermitmaterialsreadyforstaffandCityAttorney review(asneeded)byAugust31,2014.Thisleavesampletimeforstafftomakechangestothedraftmaterialsastheyseefit ordinancebeforetheendoftheyear. andleavesampletimeforcouncilapprovalof Weproposeafeeof$12,432fortheworkoutlinedhere.Thispriceincludesmiscellaneousprojectexpensessuchasmileage, projectrelatedprinting,etc.WeassumethatfinaldocumentswillbepresentedtoArdenHillsinelectronicformsowedonot anticipatesignificantreportprinting.Theattachedtableoutlinesourproposedhoursbytask. bt59{a{ t;©z·w; Ò·w©zé ·z CityofArdenHills t m; xperence Eii WSBistheestablishedleaaderinprovidingMS4servicestoMinnesotaccommunities.IInthispermitcyyclealone,weare rrthefollowing workingfoa{ xt AllexandriaHoopkinsRichhfield AnnokaCountyLakketownTWPShaakopee BeemidjiLakkevilleShoorewood BrrooklynCenterLinnoLakesSouuthSt.Paul BrrooklynParkLonngLakeSt.AAnthony ChhamplinMaahtomediSt.MMichael CiirclePinesMaapleGroveSt.PPaulPark CoolumbiaHeighttsMinnetonkaStilllwater CooonRapidsMiSunnfishLake nnetrista EddinaMoonticelloTonnkaBay ExxcelsiorNeewBrightonWaseca GNoorthBranchWy oldenValleyoming GrantNoorthSt.Paul bt599{a{ t;©zz·w; Ò·w©zéé ·z CityofArrdenHills t mm; Project Personnel ByvirtueofthemanyclientsweprovideMS4services,WSBcaneasilyputtogetheranexperiencedteamtoprovideArden HillstheMS4supportitneedsoverthenextyear.Wehighlightthetwoindividuals,BobBarthandJesseCarlson,whowill providetheguidanceandthoughtleadershiponthisproject.SupportingstaffwillbeavailabletohelpBobandJesse completetheworkplandescribedabove. "®¡" ±³§ {;z©t©;-·a m;© BobwillserveastheProjectManagerforthisproject.Hewillberesponsibleforleadingandcoordinatingtheworkwithinthe WSBteamandberesponsibleforthequalitycontrol,staffscheduling,andoverallprojectmanagementtoensurethatthe projectmeetsahighqualitystandard,isdeliveredontime,andwithinbudget.HewillattendmeetingswithstaffandCity Councilasrequested.Bobhasover17ä; ©xexperienceinwaterresources.Duringhiscareer,hehasmanagedtechnically diverseprojectsinfloodcontrolandwaterqualityforpublicclientsinNorthDakotaandMinnesotaandisparticularly whenprojectsrequirepublicinputandcommunication.Bobhasservedhisclientsinanumberofrolesincluding effective technicalexpert,projectmanager,andclientliaison..,xworkexperienceandexpertiseincludesstormwatercompliance flooddamagereduction,hydrologicandhydraulicmodeling,infrastructureplanning,andwaterquality. BobhasassistedMinnesotacommunitiesinmanagingthemorecomplicatedportionsoftheirMS4programs.Examples includetheNondegradationsubmittalshepreparedfortheCitiesofElkRiver,InverGroveHeights,andWoodburyas their requiredbytheirMS4Permits.HehasalsopreparedsubmittalsforStillwater,Medina,Woodbury,andDaytonfor dischargestospeciallydesignatedwatersofMinnesotasuchastheMississippiRiverupstreamoftheHighway169bridgeand theSt.CroixRiver.BobiscurrentlyassistingBemidji,Woodbury,ColumbiaHeights,andChamplinonaspectsoftheirMS4 permits. *¤²²¤# ±«²® {·©Þ ·;©/¦z -;{¦;-z z· JesseisadedicatedWaterResourceSpecialistwithtenyearsofexperienceinstormwaterprojectmanagement,incident investigation,andpermitresearch.Heisskilledinassistingclientswithpermitsubmittals,SWPPPpreparation,volume reductionandwaterqualityBMPdesign,GISmappingandanalysis,waterqualitymodeling,andcomplianceresolution. JessehasworkedwithnumerousMS4cites,counties,andcollegestodevelopandimplementtheirMS4program.Thiswork hasincludedassessing-Òz·z;xcurrentprogramstodevelopastormwaterpollutionpreventionprogramtoassisting withtheimplementationoftheirprogram.Thisworkhasincluded: Programdevelopment Assessments AssistancewithMS4audits Stormwatersystemmapping PAHsedimentanalysis Stormwatersysteminspectionandmaintenance Ordinancedevelopment Training IDDEprogrammanagement Evaluatingdeicingalternatives bt59{a{ t;©z·w; Ò·w©zé ·z CityofArdenHills t m; . Since that time, the State Legislature has revised Minnesota Statute 471.345 on Competitive Bidding and Quotes. The Financial Planning and Analysis Committee (FPAC) is doing a review of all of our policies and has recommended the following updates which are shown in the attached policy draft. The recommended updates to the policy are to: 1.Reflect current Minnesota State Statutes in regards to Competitive Bidding and Quotes. 2. concerns regarding our internal controls and the ability of the departments to manage their budgets if they are not coding their own invoices. (We may receive an audit comment in this area for 2013, however it is not known yet at this time.) 3.New IRS regulations requiring the City to have a completed IRS Form W-9 on file before payments can be processed for vendors. The City Council discussed this at a Special City Council Worksession held on April 14, 2014 and made a few minor changes to the proposed language. The primary addition was to add paragraph 4 under Competitive Bidding and a note that the current statute should be referenced for the most recent revisions to the law. Other changes were minor changes and all changes to the policy from the 2004 version are highlighted in red in the attached policy. Consider a motion to adopt the City of Arden Hills Purchasing Policy as presented. Attachment A: Draft Purchasing Policy Attachment A CITY OF ARDEN HILLS PURCHASING POLICY (Revised 4/28/2014) GENERAL PHILOSOPHY The City of Arden Hills is committed to be responsible, prudent, and wise in spending the The purchasing policy was developed by the City to be followed and enforced. It is difficult to identify every possible scenario in this document that might be considered prudent or imprudent. In addition, the city is cognizant of the value not only of the following spending policies, but also the public perception of prudence. The City employees should make every attempt to adhere to the policies and exercise good business judgment in spending. It is recognized that even the best policies will need to be revised periodically and modified as needed. PURCHASING POLICY: The s policy is to purchase goods and services at the most cost effective and competitive rates, yielding the desired service, turnaround and value for the dollar. This practice must ensure the best utilization of funds, vendor selection, and adherence to ethical business practices including integrity, honesty, and avoidance of conflict of interest. SCOPE: This policy applies to purchase of goods or services that includes: competitive bidding, vendor selection, signature authority, purchase orders, and coding. COMPETITIVE BIDDING The City follows the rules pursuant to Minnesota State Statute 471.345. 1.If the amount of the contract is estimated to exceed $100,000, sealed bids shall be solicited by public notice in the manner and subject to the requirements of the law governing contracts by the particular municipality or class thereof. 2.Purchases between $25,000 and $100,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Revised 4/28/14 1 3.Purchases under $25,000 may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. 4.Other provisions of the statute as listed in the statute. Note: The current statute should always be referenced or referred to for the most recent revisions to the law. It is not the policy of the City to accept the lowest bidding vendor. The acceptance of the bid may be based on a number of factors, including: Cost, demonstrated working experience in the specific area, past experience with the City, overall quality of work, and in emergency situations. Exception to this policy may be made in order to maintain continuity of services, their in- or systems, the uniqueness of the services offered, and in emergency situations. Examples include, but not limited to: Auditing Services, Financial Services, Engineering Services, Legal Services, Maintenance Contracts, Building Maintenance, Architectural Services, and other similar services. Exception can also be made if the project requires unique skills or if bids cannot be obtained due to lack of interest from the vendors. It is the responsibility of the department head to document the rationale for the vendor selection, particularly when the lowest bid is not accepted and/or if a bid was only received or obtained from one vendor. Spending Not Requiring Council Action AUTHORIZATION LIMITS Individual $ Limit - Budgeted $ Limit - Unbudgeted City Administrator up to $ 7,500 up to $ 5,000 Finance Director/Treasurer up to $ 5,000 up to $ 2,500 Public Works Director up to $ 2,500 up to $ 1,000 Community Development Director up to $ 2,500 up to $ 1,000 Note: All payments in excess of $7,500 must be preapproved by the City Council, unless the project, in aggregate, was previously approved by the City Council. The department director, along with the concurrence of the Finance Director, may delegate signature authority to another individual in their department for a set dollar amount, which should be significantly lower than their own signing authority. This authority must be in writing and be kept in the Finance Department. Revised 4/28/14 2 Items not requiring Council authorization prior to payment, but is part of the approved budget and over the authorization limits as described above: Payroll and payroll related payments Employee Expense reimbursements Insurance Premiums Routine Operations (utilities, supplies, cleaning services, etc.) Items that were previously approved by the Council. Emergency payments or other payments to avoid late fees or interest charges. 1.Finance will process payments on a weekly basis. Payments that do not require Council authorization will be issued on Fridays. 2.Payments that require Council action will be issued after the approval. 3.A complete list of all paid and unpaid claims will be presented at the regular Council meeting under the consent agenda items. PURCHASE ORDERS & CODING INVOICES It is a prudent business practice to issue purchase orders prior to the purchase of goods and services. As a practical matter, no purchase orders are required for purchases under $1,000. Purchase orders can only be signed by the authorized individuals as outlined above with their respective signing authority. The City Administrator or the Finance Director may co-sign a purchaser order if the order exceeds t level. Purchase orders are issued by the individual departments and retained by them until the goods and services are received. Upon the receipt of the invoice, the department head will approve the invoice for payment and forward the invoice, along with the purchase order to the Finance Department for processing. All invoices are required to be coded and signed by the department head, or authorized delegate, before forwarding them to the Finance Department for processing. NEW VENDORS Selecting new vendors is at the discretion of the department head. When selecting a new vendor the department head or authorized delegate is required to also obtain an IRS Form W-9 from the vendor. The City requires the IRS Form W-9 before payment can be processed for the vendor. Revised 4/28/14 3 Fund Balance Policy was last updated in 2011 when the new GASB Standards took effect. The Financial Planning and Analysis Committee (FPAC) is doing a review of all of our policies and has recommended the following updates which are shown in the attached policy draft. The recommended updates to the policy are to: 1.Update titles and add in language for the internal service funds which we did not have at that time, and revision dates. 2.Change the language in item 3.a. under Policy Statements to have the Director of Finance and Administrative Services transfer any amount that exceeds 50% of the final fund balance after the audit number is known to the PIR Fund for the year. Council discussed this item at a Special City Council Worksession on April 14, 2014 and made the following changes to the FPAC recommendations: 1.Left the Finance Director title in the document vs. changing it to the Director of Finance and Administrative Services as this is the same person right now. 2.Modified the language in item 3.a. under Policy Statement to have the Finance Director bring a request back to the City Council for approval to transfer any amounts that exceed 50% of the final fund balance after the audit number is know to the PIR Fund each year. The changes to the policy from the previous policy adopted in 2011 are in red in the attached document. Consider a motion to adopt the City of Arden Hills Fund Balance policy as presented. Attachment A: Draft Fund Balance Policy DRAFT Attachment A CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA FINANCIAL POLICIES- FUND BALANCE (Revised 4/28/14) Fund Balance and Net Asset Guidelines (Fiscal Year-End) Purpose The purpose of the fund balance policies is to establish appropriate fund balance levels for each fund that is primarily supported by property tax revenues or user fees. These policies will ensure that adequate resources are available to meet cash flow needs for carrying out the regular operations of the City, as well The funds that will be addressed in this policy are: General Fund, Cable Fund, EDA Funds, Equipment, Building & Replacement Fund, Parks Fund, Public Safety Capital Fund, Permanent Improvement Revolving Fund (PIR), Risk Management Fund, and Enterprise Funds. Primary Policy Considerations 1. To meet the cash flow requirements of the City. 2. To maintain adequate fund balances and net assets in each individual fund of the City. 3. To provide for emergencies and contingency needs of the City. Policy Statements 1. The Finance Director as a part of the annual budget process shall prepare an analysis of this policy. The analysis shall project the status of the budget year ending fund balances and net assets. 2. The City Council authorizes the Finance Director and/or City Administrator to assign fund nds. When both restricted and unrestricted unrestricted resources as they are needed. When unrestricted resources are available for use, it is the Ci unassigned. These fund balance classifications apply only to Governmental Funds, not Enterprise or Internal Service Funds. st 3. The General Fund balance shall be assigned as of December 31 for the following purposes in the amounts described below: a. The City will strive to maintain an unassigned balance in the General Fund of 50% of the (this reserve includes the designation for cash flows). Since a significant source of revenue in the General Fund comes from property taxes, maintaining a fund balance that is equal to at least six months of operating Revised 04/28/2014 DRAFT expenditures ensures that sufficient resources are available to fund basic City functions between property tax settlements. This range is in conformance with guidance from the Office of the State Auditor (OSA). Amounts that exceed 50% may be transferred out to other funds. When amounts exceed 50%, the Finance Director is directed to bring a request to the City Council to transfer any amount that exceeds 50% to the Permanent Improvement Revolving Fund ( annual audit each year when applicable. An assignment or restriction of fund balance may be used to offset revenues earned in one year where substantial services are required to be performed in the next fiscal period. b. The City will maintain an amount sufficient to cover accumulated vacation and compensatory time balances and that portion of PTO leave that would be payable under annually as part of the year-end close and annual financial report process. c. For specific purposes as authorized by the City Council or funds. Funds shall be assigned first for compensated absences, second for cash flow needs and lastly for emergencies/contingencies. 4. The Cable Fund is a Special Revenue Fund that provides for cable and communication related expenses to disseminate information to the public. It receives the majority of its funding from franchise fees which are restricted for this use. The City will strive to maintain a fund balance in the Cable Fund in an amount sufficient to support the ongoing operating expenditures and capital expenditures planned in the CIP and in congruence with the Long Range Financial Management Plan. 5. EDA Funds are Special Revenue Funds that carryout economic and industrial development and redevelopment consistent with policies established by the City Council. It receives the majority of its funding from specific taxes or other earmarked revenue sources. The City will strive to maintain fund balances in the EDA Funds in an amount sufficient to support the ongoing expenditures, obligations and in congruence with the Long Range Financial Management Plan. Revenues not legally restricted will be committed. 6. Fund balances in Debt Service Funds for future debt payments are restricted. 7. Capital Funds are used to account for the financing of street rehabilitations projects, equipment replacement, public safety equipment, and facility rehabilitation or renovation. Revenue sources are provided mainly through property taxes, special assessments, Park dedication fees, and charitable gambling. Street projects, equipment purchases, and renovations are programmed into The City will strive to maintain fund balances in the Equipment Building & Replacement Fund, Public Safety Capital Fund, Parks Fund, TCAAP Capital Fund, and the Permanent Revolving Improvement Fund in an amount sufficient to support the ongoing capital expenditures planned in the CIP and in congruence with the Long Range Financial Management Plan. Revenues not legally restricted will be assigned. Revised 04/28/2014 DRAFT 8. Enterprise Funds were established to account for the operation of Water, Sanitary Sewer, Recycling, and Surface Water Management. These operations are designed to be self-supporting from user charges. City enterprise funds shall have operating cash reserves sufficient to provide for monthly cash flow, and for a reasonable level of equipment and infrastructure replacement. Major reconstruction or system upgrades, may need to be funded from enterprise revenue bonds. Annual utility rate reviews will be made in regard to projected operating expenses and capital improvements. The Council will, on an annual basis, establish rates in accordance to operating cost recovery and the projected capital improvement. 9. Internal Service Funds were established to account for operations which are designed to be self- a. Risk Management Fund positive claims experience. This funds tracks dividend revenues and deductible costs for claims. The goal of this fund is to build a fund balance that would allow the City to increase insurance provider are also used to provide wellness programs. Funds received from the League of Minnesota Cities Insurance Trust are committed while funds received from the b. Engineering This fund is used to account for the provision of engineering services to development projects, infrastructure projects, and the City in general. This fund is financed predominantly through user charges both internally and externally to developers and is normally not expected to carry a fund balance at year-end. c. Central Garage and Equipment This fund is used to account for the materials, supplies, and expenses of the Central Garage and equipment of Public Works which is comprised of the following departments; Streets, Parks, Water, Sanitary Sewer, and Surface Water Management. This fund is financed predominantly through user charges internally to the public works departments. Fund balance is assigned for the purchase, replacement, and repair of equipment and vehicles used by public works. d. Technology This fund is used to account for the materials, supplies, and expenses related to technology. This fund is financed predominantly through user charges internally to City departments. Fund balance is assigned for the purchase, replacement, and repair of equipment and licenses related to technology. 10. Fund balances will be assigned according to the above guidelines up to the amount available after restrictions and other commitments. This policy is not intended to require the reporting of deficit unassigned fund balances. Revised 04/28/2014 DRAFT Nonspendable Fund Balances consists of amounts that are not in spendable form. The City has several amounts unavailable for appropriation such as: prepaid items, inventories, etc. Restricted Fund Balance and Restricted Net Assets consists of amounts related to externally imposed constraints established by creditors, grantors or contributors; or constraints imposed by state statutory provisions. It is the portion of fund balance that is not appropriable for expenditure or is legally segregated (restricted net assets) for specific future uses. The City has several items that are legally restricted to a certain use such as: police forfeiture funds, federal and state economic development revolving loans, park dedication fees, and bond proceeds. Committed Fund Balance consists of internally imposed constraints. These constraints are established by Resolution of the City Council. Commitments may be changed or lifted only by the government taking the same formal action that imposed the constraint originally. Assigned Fund Balance consists of internally imposed constraints. These constraints reflect the Council and/or management. Pursuant to City Council Resolut Administrative Services and/or City Administrator is authorized to establish assignments of fund balance. Unassigned Fund Balance is the residual classification for the general fund and also reflects negative residual amounts in other funds. General Fund The unassigned fund balance should be at a minimum 50% of operating expenditures strive to follow this recommendation. Enterprise Funds It is expected that unrestricted net assets will be large. These funds have large investment in infrastructure that needs to be maintained. The City will periodically complete a rate study for these funds to ensure rates and unrestricted net assets are sufficient to operate and maintain these activities. Review and Approval The fund balance policy shall be formally approved and adopted by resolution of the City Council and any future changes to the policy must be approved by the City Council. th Approval by the City Council the 28 Day of April, 2014. ________________________________ David Grant, Mayor ATTEST: _______________________________ Amy Dietl, City Clerk Revised 04/28/2014 April 24, 2014 Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator Sue Iverson, Director of Finance and Administrative Services Amy Dietl, City Clerk Motion to Approve Hiring Public Works Seasonal Maintenance Workers Motion to approve hiring Public Works Seasonal Maintenance Workers. Each year, the City seeks Seasonal Public Works Maintenance Workers to assist with the maintenance of City streets, water, sewer, and parks. Twenty one applications were received for the seasonal positions. Ten applicants were interviewed by the Director of Finance and Administrative Services, the Public Works Superintendent, and a Public Works Maintenance Worker. Eight individuals have been identified to move forward in the hiring process. Background and reference checks are currently being completed. Staff recommends appointing Andrew Evans, Chad Goertzen, Matt Goertzen, Matt Harding, Matthew Maile, Riley Plisek, Eriq Smith, and Austin Wikstrom to the position of Seasonal Maintenance Worker; all of which are contingent upon successful background and reference checks. CONSENT ITEM 5J MEMORANDUM DATE: April 28, 2014 TO:Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Amy Dietl, City Clerk SUBJECT:Consider Appointing Tina Kulzer to the Communications Committee Background The Communications Committee primary purpose is to write, edit, and produce the City newsletter (10 issues/year). The committee can have up to five members, and it currently only has two. An application was received from Tina Kulzer, a new resident who is interested in University of Minnesota and she offers a wide variety of volunteer experience. Ms. Kulzer attended the last Communications Committee meeting where she was able to meet the other members and participate in the newsletter editing process. Her evident writing skills support the fact that she will be a valuable addition to the committee. Mayor Grant asked that staff prepare a recommendation for the City Council to appoint Ms. Kulzer to the Communications Committee. Council Action Requested City Council is requested to approve Resolution 2014-026 Appointing Tina Kulzer to the Communications Committee for a Term Expiring December 31, 2016. Attachment: Attachment A: Resolution 2014-026 Attachment A CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2014-026 A RESOLUTION APPOINTING TINA KULZER TO THE COMMUNICATIONS COMMITTEE FOR A TERM EXPIRING DECEMBER 31, 2016. WHEREAS, the City Council appoints residents to serve in an advisory capacity to the City Council regarding communications and the newsletter; THEREFORE, BE IT RESOLVED: The City Council appoints Tina Kulzer to serve on the Communications Committee for a term expiring on December 31, 2016. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS th 28 DAY OF APRIL, 2014. _________________________________________ David Grant, MAYOR ATTEST: _______________________________________ Amy Dietl, CITY CLERK April 28, 2014 Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator John Anderson, AssistantCity Engineer Site Use Lease Agreement with New Cingular Wireless PCS, LLC, fka AT&T Approve the Site Use Lease Agreement with New Cingular Wireless PCS, LLC for the lease of City property located at 1221 Cummings Park Drive. AT&T currently leases space at the Cummings Park Drive water tower and has installed three antennas at 130 feet (the top of the tower), three antennas at 80 feet, and an equipment shelter on technology), AT&T proposes to replace all six antennas and add three additional antennas at the 80-foot level. Upgraded and new cables, mounts, and other equipment will also be required. The modifications are beyond what is allowed under the terms of the current lease which expires in 2014. Aswireless contracts expire, or providers ask to make changes inconsistent with current lease agreements, the City would like to make the terms of the agreements more consistent for easier administration of the contracts. Also, the City would like to increase lease rates to be more reflective of the current market. The City currently has wireless contracts with Sprint/Nextel, T-Mobile, and TTM at the Red Fox water tower. The City has contracts with AT&T, T-Mobile, and Zayo at the Cummings Park water tower. Neither TTM nor Zayo have equipment on the tower which is reflected in their lower lease rates. t wireless contracts is shown in the Table below. Each wireless contract has different terms. The older contracts have lease rates that are significantly below the current market. Page of 2014 Arden Hills Cell Lease Information for City Water Towers Company 2014 RateIncreaseContract Location Next Approved MonthlyYearlyRateFrequencyIncrease/ RevisedExpires Paid Nextel/SprintYearly$33,000.004%Yearly20151995/20142039Red Fox Paid AT&T/CingularYearly$33,000.004%Yearly20151989/20142039Cummings Every 5 T-Mobile 1$1,322.50$15,870.0015%years201620002025Red Fox Paid T-Mobile 2Yearly$20,866.933%Yearly201420082028Cummings Paid TTMYearly$3,130.043%Yearly201420092030Red Fox Paid ZayoYearly$5,304.503%Yearly201420112041Cummings Updated:4/22/2014 shows anticipated lease terms SEH provided a master form of a wireless site lease agreement which is based on recommendations from the League of Minnesota Cities. Staff and the City Attorney negotiated the lease agreement with Cingular. Cingular has approved the new lease agreement and would like to move forward with their upgrade project. Key terms of the new site lease agreement are as follows: Lease Rate The Tenant will pay a lease rate of $33,000 per year. No additional rent per year per antenna will be charged. Rent shall be increased by 4%annually. Site Restoration Escrow.The Tenant will provide an escrow of $5,000 that will be refunded to the Tenant following the timely removal of all equipment from City property at the termination or expiration of the lease. Lease Term.The initial term of this lease agreement is five years. The lease will automatically extend for five additional five-year periods. If the tenant chooses not to renew the lease, it must send a written notice to the City within 90 days of the expiration date of the initial term or any renewal term Operation. tenant at its cost within 30 days of notification of damage. Repainting and Restoration.The tenant shall temporarily remove its equipment at its cost to Page of Insurance. compensation, general liability, automobile liability, and tenant property insurance. Termination.The lease may be terminated with 60 days written notice by either the tenant or the landlord provided that the party requesting termination meets conditions for default, inability to obtain a license/permit, technological reasons, City Council decision, etc., as defined in the lease agreement. The City Attorney has reviewed the terms of this lease agreement and recommends City Council approval. Attachment A: Site Use Lease Agreement Attachment B: Memorandum of Lease Attachment C: Payment Direction Form Page of Attachment A Attachment C April 28, 2014 Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator Sue Iverson, Director of Finance and Administrative Services Kyle Howard, Finance Analyst 2015Budget Calendar Each year the City Administrator is to submit a budget to the City Council. The Council then th adopts a preliminary budget and levy to certify to the county by September 15 of each year. Once this preliminary levy is set, it cannot be increased but may be decreased. A final budget and levy are adopted by the City Council and certified to the county by late December each year. By statute, the City Council is legally required to adopt budgets for the general fund and all special revenue funds. Staff discussed preliminary budget parameters with the City Council at its worksession on April 21, 2014. In order to officially start the budget process, a budget calendar needs to be approved by the council. Attached is a draft calendar for council approval. A motion to approve the 2015 budget calendar as presented. Attachment A: 2015 Budget Calendar Page of CITYOFARDENHILLS Attachment A 2015BUDGETCALENDAR April21,2014 CityCouncilWorkSessiontodiscussbudgetparametersandschedule. April28,2014 CityCouncilApprovalofBudgetCalendar. April29,2014a ä30,2014 DepartmentHeadsPrepare20152019CIPrequestsandbackgroundmaterial. May30,2014 DepartmentheadSubmitCIPRequeststoFinanceDepartment. June2,2014WÒ;6,2014 CityAdministratorandFinanceDirectorreviewDepartment CIPRequestsandconferwithDepartments. June09,2014 FormsDistributedtoallDepartmentHeadsfor2015OperatingBudget. June13,2014 20152019CIPisdraftedanddistributedtoCityCouncilforreview. June16,2014 CityCouncilWorkSessiontodiscuss20152019CIP. June09,2014July3,2014 DepartmentHeadsPrepareBudgetsandBackgroundMaterial. July3,2014 DepartmentHeadsSubmitBudgetRequeststoFinanceDepartment. July21,2014July25,2014 CityAdministratorandFinanceDirectorreviewDepartmentBudgetsandConfer withDepartments. August8,2014 FinanceDepartmentcompletesPreliminaryRevenueEstimates. August22,2014 CityAdministratorBudgetisdraftedforPresentationtoCouncilatWorkSession. August25,2014 SpecialCityCouncilWorkSessiontodiscussPreliminary2015Budget. September5,2014 City!7zz·© ·©xrecommendedPreliminary2015Budgetdistributedtothe CityCouncil. September8,2014 CityCounciladoptsthePreliminary2015PropertyTaxLevy(Payable2015) September8,2014 CouncilCertifiesdateforpublic(TNT)hearingandcontinuationhearing(if necessary)tocounty. September15,2014 FinanceDirectorsubmitspreliminary2015PropertyTaxLevy(Payable2015)to Countyforcertification. MidNovember TruthinTaxationNoticesandPublicHearingsScheduledistributedbyCounty. EarlyDecember PublicHearingforBudgetandLevyconsideration. MidDecember ContinuationHearing,ApprovalofBudgetandCertificationofPropertyTaxLevy forsubmissiontoCounty. LateDecember FinanceDirectorSubmitsfinalLevytoCountyandpreparesFinal BudgetDocument. April 28, 2014 Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator Police Week Proclamation Attached for your review is a Proclamation designating May 11 17, 2014, as National Police Week. This Proclamation was distributed at the April 24d Communities group. It was recommended that this item be put on the Consent Agenda for consideration. Attachment A: Proclamation Page of Attachment A CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA PROCLAMATION To recognize National Police Week 2014 and to honor the service and sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy. WHEREAS, there are approximately 900,000 law enforcement officers serving in RAMSEY communities across the United States, including the dedicated members of the WHEREAS, nearly 60,000 assaults against law enforcement officers are reported each year, resulting in approximately 16,000 injuries; WHEREAS, since the first recorded death in 1791, almost 20,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty, including FOUR members of the WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; WHEREAS, 286 names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 100 officers killed in 2013 and 186 officers killed in previous years; WHEREAS, the service and sacrifice of all officers killed in the line of duty will be th honored during the National Law Enforce Annual Candlelight Vigil, on the evening of May 13, 2014; WHEREAS, the service and sacrifice of all officers killed in the line of duty will be MINNESOTA LAW ENFORCEMENT MEMORIAL honored during the Annual Candlelight Vigil, on the evening of May 15, 2014; WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place this year from May 11-17; WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families; WHEREAS, RAMSEY COUNTY SUBURBAN LAW the service and sacrifice of ENFORCEMENT SUBURBAN officers killed in the line of duty will be honored during the RAMSEY COUNTY LAW ENFORCEMENT MEMORIAL CEREMONY, on May 12, 2014; NOW THEREFORE, BE IT RESOLVED ARDEN HILLS CITY COUNCIL that the THE CITY OF ARDEN HILLS, formally designates May 11-17, 2014, as Police Week in and publicly salutes the service of law enforcement officers in our community and in communities across the nation. __________________________ ___________________________ David Grant, Mayor Brenda Holden, Councilmember ___________________________ ___________________________ Fran Holmes, Councilmember Dave McClung, Councilmember ___________________________ Ed Werner, Councilmember April 28, 2014 Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator Proclamationin Recognition of Gregory Mack, Ramsey County Parks and Recreation Director Attached for your review is a Proclamation in recognition of Gregory Mack, Ramsey County Parks and Recreation Director. It was recommended that this item be put on the Consent Agenda for consideration. Attachment A: Proclamation Page of Attachment A CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA PROCLAMATION WHEREAS, Gregory Mack has faithfully and diligently served the City of Arden Hills as the Ramsey County Parks and Recreation Director; WHEREAS, Gregory Mack has been very responsible and responsive to the needs of Arden Hills residents and the business community; WHEREAS, Gregory Mack, during his years with the County, served with professionalism, dedication, and a commitment to improving the City of Arden Hills; and WHEREAS, Gregory Mack, has spent many hours working with a number of federal government agencies to help enhance the parks and open space areas on the Twin Cities Army Ammunition Plant (TCAPP) for the current and future residents of the City of Arden Hills. TH NOW THEREFORE, BE IT PROCLAIMED THIS 28 DAY OF APRIL, 2014, by the City Council of Arden Hills, Minnesota: That the Arden Hills City Council, on behalf of residents, and staff, express their sincere gratitude and e to the community. __________________________ ___________________________ David Grant, Mayor Brenda Holden, Councilmember ___________________________ ___________________________ Fran Holmes, Councilmember Dave McClung, Councilmember ___________________________ Ed Werner, Councilmember PUBLIC HEARINGS 7A MEMORANDUM DATE: April 28, 2014 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: John Anderson P.E. Assistant City Engineer SUBJECT:NPDES Annual Storm Water Meeting Requested Action Conduct Public Hearing Background/ Discussion As of March 10, 2003, the Minnesota Pollution Control Agency required all cities within the Seven County Metro Region to apply for a General Storm Water Permit (Small Municipal Separate Storm Sewer Systems, or MS4, permit) as part of Federal National Pollutant Discharge Elimination System (NPDES) requirements. In 2013 the City of Arden Hills applied for reauthorization under the revised permit as administered by the Minnesota Pollution Control d the permit to discharge stormwater was reauthorized. In order to comply with revised federal regulations, municipalities are required to modify their Storm Water Pollution Prevention Plan (SWPPP) that focuses on ways the municipality will reduce the amount of sediment and pollution entering the surrounding water bodies. The SWPPP includes six minimum control measures that need to be addressed by the City. Each measure is aimed at reducing the amount of pollution entering water bodies through various methods such as public outreach and education, regulatory ordinances, and physical structures constructed as a part of the storm water sewer system. Each control measure includes several Best Management Practices (BMPs) that will be used to accomplish the measure and each will include measurable goals that can establish the effectiveness of the SWPPP. One of the permit requirements is that the City must hold an annual public meeting to allow interested parties to provide comments to the City on its SWPPP. The City is also required to submit an annual report to the MPCA documenting the accomplishments of the previous year. Staff will be prepared with a short presentation highlighting accomplishments of 2013 and the goals for 2014. P:\Admin\Council\Agendas & Packet Information\2014\04-28-14-R\Terry-John\Public Hearing\memo.doc Page 1 of 1 PUBLIC HEARINGS 7B MEMORANDUM DATE: April 28, 2014 TO:Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: Public Hearing to Grant Host Approval for Presbyterian Homes Revenue Refunding Notes and Amended Joint Powers Agreement Background It has been proposed that the City of Spring Park $28,000,000 Housing and Health Care Revenue Note, Series 2010 be refunded by the issuance of three separate notes in the approximate amount of $9,300,000 each by three cities; Spring Park, St. Bonafacius, and Chanhassen for a total of $27,900,000. (Please reference the letter attached from Catherine Courtney from Briggs and Morgan, P.A. attached.) Host approval is required for the refunding notes as they still include facilities in the City of Arden Hills, so it is necessary for the Issuers to request host approval by the City Council of Arden Hills and an amended and restated joint powers agreement. Discussion According to our Bond Counsel, John Utley, Kennedy & Graven, Chartered; the notes cannot be issued as tax-exempt obligations until the City Council conducts a public hearing regarding approval of the notes, and following the public hearing the City Council approves the issuance of the notes and the amended and restated Joint Powers Agreement. (See attached letter from John Utley.) Presbyterian Homes has submitted an application to the City with respect to the requested host approval and has submitted a non-refundable application fee in the amount of $500 according to our City procedure for application for Private Activity Revenue Bond Financing. At the March 31, 2014, City Council meeting, the City Council passed a resolution calling for a Public Hearing on April 28, 2014. be present to answer any questions the City Council may have or the public may have at the Public Hearing related to this matter. 12 Page of Action Requested Adopt Resolution 2014-025, a resolution giving host approval to the issuance of Housing and Health Care Revenue Refunding Notes under Minnesota Statutes, Chapter 462c and authorizing the execution of a Joint Powers Agreement. Attachments Attachment A: Resolution 2014-025 Attachment B: Kennedy & Graven Letter Attachment C: Briggs & Morgan Letter Attachment D: Blacklined amended Joint Powers Agreement Attachment E: Clean copy of the amended Joint Powers Agreement 22 Page of Attachment A Extract of Minutes of a Meeting of the City Council of the City of Arden Hills, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Arden Hills, Minnesota, was duly held at the City Hall in said City on Monday, April 28, 2014, commencing at 7:00 P.M. The following members were present: and the following were absent: Member ___________ introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-025 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HOUSING AND HEALTH CARE REVENUE REFUNDING NOTES UNDER MINNESOTA STATUTES, CHAPTER 462C AND AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member ______________, and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 6140662v1 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HOUSING AND HEALTH CARE REVENUE REFUNDING NOTES UNDER MINNESOTA STATUTES, CHAPTER 462C AND AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT BE IT RESOLVED, by the City Council (the "Council") of the City of Arden Hills, Minnesota (the "City") as follows: Section 1.General Recitals. (a)The purpose of Minnesota Statutes, Chapter 462C (the "Act"), is among other things, to confer upon cities the power to issue revenue notes, in one or more series, to finance and refinance multifamily housing developments; and Section 2.Description of the Project. (a)PHS/Lake Minnetonka, LLC (the "Borrower"), an affiliate of Presbyterian Homes and Services, a Minnesota nonprofit corporation, proposes to refinance a Project consisting of refunding the outstanding principal amount of the City of Spring Park, Minnesota $28,000,000 Housing and Health Care Revenue Note, Series 2010 (PHS/Lake Minnetonka Campus Project) (the "Series 2010 Note"), the proceeds of which were used to (i) finance the acquisition, construction, and equipping of new facilities, the demolition of 2 existing buildings, and the renovation of existing facilities to create a senior housing development that consists of 236 senior housing units, including 166 independent living units, 52 assisted living units, 18 memory care units, and an approximately 20,000 square foot town center for use by the residents of the senior housing units located at 4501, 4523, 4527, and 4599 Shoreline Drive in Spring Park; (ii) refund Spring Park's outstanding Multifamily Housing Revenue Bonds (Presbyterian Homes Housing and Assisted Living, Inc. Project) Series 2007 which were issued to finance the acquisition and renovation of a 75-unit multifamily housing development comprised of 2 buildings located at 4601/09 Shoreline Drive and 2380 Island Drive in Spring Park (the "Park Hill Apartments") and to refinance the acquisition and renovation of a 51-unit multifamily housing development comprised of 3 buildings, located at 4579, 4589, and 4599 Shoreline Drive in Spring Park (the "Shoreview Apartments") (collectively, the "Spring Park Portion"); and (iii) refund a portion of the outstanding City of Arden Hills, Minnesota Health Care and Housing Revenue Refunding Bonds (Presbyterian Homes of Arden Hills, Inc. Project), Series 1999B (the "Series 1999B Bonds"), which were issued to finance the costs of the refinancing, acquisition, construction or renovation of certain housing and health care facilities located at 3120 and 3220 Lake Johanna Boulevard, Arden Hills, and at the time of issuance, commonly known as "Lakeview Residence," a 177-unit elderly assisted-living facility, "Sutton Place," a 19-unit elderly independent-living facility, and "McKnight Care Center," a 208-bed nursing home facility in the City, now collectively known as "Johanna Shores" (the "Arden Hills Portion," and together with the "Spring Park Portion," the "Project") and other facilities located in Spring Park and Bloomington, Minnesota and Ankeny, Iowa. The Spring Park Portion of the Project is owned and operated by the Borrower and the Arden Hills Portion of the Project is owned and operated by Presbyterian Homes of Arden Hills, Inc., an affiliate of Presbyterian Homes and Services; and 2 6140662v1 (b)The Borrower has proposed that the City of Chanhassen, Minnesota ("Chanhassen"), the City of St. Bonifacius, Minnesota ("St. Bonifacius"), and the City of Spring Park, Minnesota ("Spring Park", and together with Chanhassen and St. Bonifacius, the "Issuers"), issue revenue obligations, in one or more series (the "Notes"), under the Act, in order to, in part, refinance the cost of the Arden Hills Portion of the Project, in the approximate aggregate principal amount not to exceed $27,900,000 (the "Notes"); and (c)The City has been advised that the Notes or other obligations, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City or the Issuers, except the Project and the revenues to be derived from the Project or other financed facilities. Such Notes or obligations will not be a charge against the general credit or taxing powers of the City or the Issuers, but is payable from sums to be paid by the Borrower pursuant to a revenue agreement; and (d)In connection with the issuance of the Notes it is proposed that the Amended and Restated Joint Powers Agreement be entered into between the City, the Issuers, and Ankeny, Iowa, pursuant to Minnesota Statutes, Section 471.59 and Iowa Code, Chapter 28E. Section 3.Recital of Representations Made by the Borrower. (a)The Borrower has agreed to pay any and all costs incurred by the City in connection with the issuance of the Notes, whether or not such issuance is carried to completion. (b)The Borrower has represented to the City that no public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. Section 4.Public Hearing. (a)As required by the Act and Section 147(f) of the Code a Notice of Public Hearing was published in the City's official newspaper and newspaper of general circulation, for a public hearing on the proposed issuance of the Notes and the proposal to undertake and finance the Project. (b)As required by the Act and Section 147(f) of the Code the City Council has on this same date held a public hearing on the issuance of the Notes and the proposal to undertake and refinance the portion of the Project located within the jurisdictional limits of the City, at which all those appearing who desired to speak were heard and written comments were accepted. Section 5.Host Approval. The City Council hereby gives the host approval required under Section 147(f) of the Code and, pursuant to Minnesota Statutes §471.656, Subd. 2(2), the City Council hereby consents to the issuance of the Notes. Section 6.Joint Powers Agreement. The Amended and Restated Joint Powers Agreement is hereby approved in substantially the form now on file with the City; and the Mayor and the Administrator of the City are authorized to execute the same in the name of and on behalf of the City. In the event of the disability or the resignation or other absence of the Mayor or City Administrator of the City, such other officers of the City who may act in their behalf 3 6140662v1 shall without further act or authorization of the City do all things and execute all instruments and documents required to be done or to be executed by such absent or disabled officials. The approval hereby given to the Amended and Restated Joint Powers Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and by the City officials authorized herein to execute the Amended and Restated Joint Powers Agreement prior to its execution; and said City officials are hereby authorized to approve said changes on behalf of the City. _____________________________ Mayor ATTEST: ____________________________ Administrator 4 6140662v1 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS I, the undersigned, being the duly qualified and acting Administrator of the City of Arden Hills, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to granting host approval to the issuance of revenue bonds for a project in the City. WITNESS my hand this ____ day of April, 2014. _______________________________ Administrator 5 6140662v1 Attachment C MEMORANDUM TO: Mayor Grant and Members of the Arden Hills City Council Sue Iverson, Finance Director FROM: Catherine J. Courtney, Briggs and Morgan, P.A. Bond Counsel to the Cities of Spring Park, St. Bonifacius and Chanhassen DATE: April 21, 2014 RE: Refunding of the City of Spring Park, Minnesota $28,000,000 Housing and Health Care Revenue Note, Series 2010 (PHS/Lake Minnetonka Campus Thereto Proposed Financing: It has been proposed that the referenced Series 2010 Note be refunded by the issuance of three separate notes in the approximate amount of $9,300,000 each by the Cities of Spri ffiliate of Presbyterian Homes and Services. In 2010 the City of Spring Park requested host approval from the City of Arden Hills in the City. The issuance of the Refunding Notes still includes facilities located in the City, so it is necessary for the Issuers to request host approval by the City once again. Project to be Refinanced Note f refunding to iterate what the 2010 Note financed. None of the proceeds of the Refunding Notes will used for new money projects, the issues are strictly refunding the Series 2010 Note: construction, and equipping of new facilities, the demolition of 2 existing buildings, and the renovation of existing facilities to create a senior housing development that consists of 236 senior housing units, including 166 independent living units, 52 assisted living units, 18 memory care units, and an approximately 20,000 square foot town center for use by the residents of the senior housing units located at 4501, 4523, 4527, and 4599 Shoreline Drive in Spring Park; (ii) refund Spring Park's outstanding Multifamily Housing Revenue Bonds (Presbyterian Homes Housing and Assisted Living, Inc. Project) Series 2007 which were issued to finance the acquisition and renovation of a 75-unit multifamily housing development comprised of 2 buildings located at 4601/09 Shoreline Drive and 6096125v2 2380 Island Drive in Spring Park (the "Park Hill Apartments") and to refinance the acquisition and renovation of a 51-unit multifamily housing development comprised of 3 buildings, located at 4579, 4589, and 4599 Shoreline Drive in Spring Park (the "Shoreview Apartments") (collectively, the "Spring Park Portion"); and (iii) refund a portion of the outstanding City of Arden Hills, Minnesota Health Care and Housing Revenue Refunding Bonds (Presbyterian Homes of Arden Hills, Inc. Project), Series 1999B, which were issued to finance the costs of the refinancing, acquisition, construction or renovation of certain housing and health care facilities located at 3120 and 3220 Lake Johanna Boulevard, Arden Hills, and at the time of issuance, commonly known as "Lakeview Residence," a 177-unit elderly assisted-living facility, "Sutton Place," a 19-unit elderly independent-living facility, and "McKnight Care Center," a 208- bed nursing home facility in the City , now collectively known as "Johanna Shores" (the "Arden Hills Portion," and together with the "Spring Park Portion," the "Project") and other facilities located in Spring Park and Bloomington, Minnesota and Ankeny, Iowa. The Spring Park Portion of the Project is owned and operated by the Borrower and the Arden Hills Portion of the Project is owned and operated by Presbyterian Homes of Arden Hills, Inc., an affiliate of Presbyterian Homes and Serv Project in Arden Hills to be Refinanced: The Arden Hills Portion is described above at (iii) of Arden Hills, Minnesota Health Care and Housing Revenue Refunding Bonds (Presbyterian Homes of Arden Hills, Inc. Project), Series 1999B, which were issued to finance the costs of the refinancing, acquisition, construction or renovation of certain housing and health care facilities located at 3120 and 3220 Lake Johanna Boulevard, Arden Hills, and commonly known as "Lakeview Residence", a 177-unit elderly assisted-living facility, "Sutton Place," a 19-unit elderly independent-living facility and "McKnight Care Center," a 208-bed nursing home facility in the C Arden Hills Portion. A housing program for the Arden Hills Portion was adopted in 1999. Since the issuance of the Series 1999 Public Hearing: On March 31st, the City Council adopted a resolution calling for a public newspaper on April 9th. Joint Powers Agreement: In addition to granting host approval in 2010, the City entered into a Joint Powers Agreement with the City of Spring Park and the City of Ankeny, Iowa, the other host city. In connection with the issuance of the Refunding Notes, the Borrower also requests that the City enter into an amended and restated joint powers agreement to add the cities of Chanhassen and St. Bonifacius as parties thereto. A draft of the amended and restated joint powers agreement has been provided to the City Council. 6096125v2 Host Approval Resolution: Following the public hearing, the Borrower requests that the City Council adopt the presented resolution, which gives host approval and approves the execution and delivery of the amended and restated joint powers agreement. Conclusion: We hope this brief memorandum adequately provides the information needed to proceed to grant host approval to the Issuers so they may each proceed with their respective financings. If any additional information is needed, please contact Catherine Courtney at 612-977- 8765. Thank you. /cc 6096125v2 Attachment D AMENDED AND RESTATED JOINT POWERS AGREEMENT PROVIDING FOR THE ISSUANCE OF A REVENUE NOTEREFUNDING NOTES TO FINANCEREFINANCE HOUSING AND HEALTHCARE FACILITIES (PHS/LAKE MINNETONKA CAMPUS PROJECT) st THIS AGREEMENT is entered into as of the 1 day of May, 2010June, 2014, by and between the City of Spring Park, Minnesota ("Spring Park"), the City of Chanhassen, Minnesota ("Chanhassen"), the City of St. Bonifacius, Minnesota ("St. Bonifacius" and, with Spring Park and Chanhassen, the "Issuers"), the City of Arden Hills, Minnesota ("Arden Hills")"), and the City of Ankeny, Iowa ("Ankeny") (collectively, the "Cities", or individually, a "City"). Each of the municipalities named above is a municipal corporation duly organized under the laws of the State of Minnesota, or the State of Iowa. 1.Minnesota Statutes, Section 471.59 and Iowa Code, Chapter 28E (the "Joint Powers Acts") providesprovide that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties, and may provide for the exercise of such power by one of the participating governmental units. 2.In connection with revenue bonds issued under Minnesota Statutes, Chapter 462C (the "Housing Programs Act"), Section 462C.14, Subd. 3 provides for joint action between cities pursuant to the Joint Powers Act. 3.Iowa Code, Chapter 419 provides that Iowa municipalities may issue revenue bonds to defray the costs of facilities for organizations described under Section 501(c)(3) of the Internal Revenue Code. 4.PHS/Lake Minnetonka, LLC, a Minnesota limited liability company (the "Borrower") whose sole member is Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota nonprofit organization, has proposed that the Cities enter into this Agreement pursuant to the Housing Programs Act and Iowa Code, Chapters 28E and 419, pursuant to which Spring Parkthe Issuers will issue a revenue notenotes (the "NoteNotes") in the aggregate principal amount not to exceed $30,00027,900,000 and loan the proceeds thereof to the Borrower to financerefinance the project described in the next paragraph. 5.The "project" consists of the financingrefunding of (a) the outstanding principal amount of the $28,000,000 Housing and Health Care Revenue Note, Series 2010 (PHS/Lake Minnetonka Campus Project) issued by the City of Spring Park, Minnesota (the "Series 2010 Note") to (i) finance the acquisition, construction, and equipping of new facilities and, the demolition of 2 existing buildings, and renovation of existing facilities to create a senior housing development which will consistconsists of approximately 239236 senior housing units, including approximately 169166 independent living units (the renovation of 160 units and new construction of 9 units),, 52 assisted living units (52 units of new construction with demolition of 37 old units),, 18 memory care units (new construction), and an approximately 20,000 square foot town center (new construction) for use by the residents of the senior housing units located at 4465, 4497, 4501, 4523, 4527, 4579, 4589,and 4599 Shoreline Drive in Spring Park, Minnesota (the "the City; (ii) refund the City's outstanding Multifamily Housing Revenue Bonds (Presbyterian Homes Housing and Assisted Living, Inc. Project) Series 2007 (the "Series 2007 Bonds") 1318590v2 6140728vDOC issued to finance the acquisition and renovation of a 75-unit multifamily housing development comprised of 2 buildings located at 4599 and 4601 Shoreline Drive and 2380 Island Drive in Spring Park Facilities") and (b) refund the (the "Park Hill Apartments") and to refinance the acquisition and renovation of a 51-unit multifamily housing development comprised of 3 buildings located at 4579, 4589, and 4599 Shoreline Drive in the City (the "Shoreview Apartments") (together, the "Spring Park Portion"); and (iii) refund a portion of the outstanding City of Arden Hills, Minnesota Health Care and Housing Revenue Refunding Health Care and Housing Revenue Refunding Bonds (Presbyterian HomeHomes of Arden Hills, Inc. Project), Series 1999B, (the "Series 1999B Bonds"), which were issued to finance and refinance the acquisition,the renovation and improvement of the approximately 192-bed skilled nursing facility located at 4527 Shoreline Drive in Spring Park and also were used to finance the costs of the refinancing, acquisition, construction, or renovation of certain housing and health care and housing facilities located in Ankeny, Iowa, Spring Park, Minnesota, in the Cities of Arden Hills, Minnesota and (the "Arden Hills Portion"), Bloomington, Minnesota and refund the outstanding City of Spring Park Multifamily Housing Revenue Bonds (Presbyterian Homes Housing and Assisted Living, Inc. Project) Series 2007, which were issued to finance the acquisition of certain health care and housing facilities located in Spring Park., and Ankeny, Iowa (the "Ankeny Portion") (collectively, the "Project"). The Spring Park Portion is owned and operated by the Borrower. The Arden Hills Portion of the Project is owned and operated by Presbyterian Homes of Arden Hills, Inc., an affiliate of Presbyterian Homes and Services. The Ankeny Portion of the Project is owned and operated by Presbyterian Homes Mill Pond Care Center, Inc., an affiliate of Presbyterian Homes and Services; 6.Spring Park, the City in which a portion of the NoteSeries 2010 proceeds will bewere used for a housing project, has adopted a housing program (the "Spring Park Program") which describes the housing development to be financedrefinanced by the Borrower in Spring Park. 6.7.Arden Hills has adopted a housing program (the "Arden Hills Program") which describes the Arden Hills Portion of the Project. 8.Each Cityof Chanhassen and St. Bonifacius hereby adopt the Spring Park Program and the Arden Hills Program. 7.9.Each of Arden Hills, Ankeny, and Sprung Park will adopt a resolution evidencing its intent to enter into this Agreement, and granting host approval (or, in the case of Spring Park, granting approval) of the issuance of the NoteNotes as required under the Internal Revenue Code of 1986, as amended. (the "Code"). 10.Spring ParkEach of the Issuers will adopt a resolution evidencing its intent to enter into this Agreement and granting approval for the issuance of its respective Note required under the Code. 8.11.The Issuers shall exercise the powers of the Housing Programs Act by adopting, approving and executing such resolutions, documents, and agreements as shall be necessary or convenient to authorize, issue, and sell the NoteNotes and such other resolutions, documents, and agreements as shall be necessary or required in connection with the issuance of the NoteNotes and giving effect to or carrying out the provisions of this Agreement and documents under which the Note isNotes are issued and/or secured. S-2 6140728vDOC 9.12.The NoteNotes shall be a special, limited obligationobligations of Spring Parkeach of the Issuers, respectively, payable solely from proceeds, revenues and other amounts pledged thereto and more fully described in the respective Loan Agreement executed in connection with the Project. In no event shall the NoteNotes ever be payable from or charged upon the general credit, taxing powers or any funds of eitherany of the Cities; the Cities are not subject to any liability thereon; no owners of the NoteNotes shall ever have the right to compel the exercise of the taxing power of eitherany of the Cities to pay any of the NoteNotes or the interest thereon, nor to enforce payment thereof against any property of either of the Cities; the NoteNotes shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of eitherany of the Cities; and the Note doesNotes do not constitute an indebtedness of any of the Cities within the meaning of any constitutional, statutory, or charter limitation. 10.13.This Agreement shall terminate upon the retirement or defeasance of all of the NoteNotes or any bonds issued by Spring Park to refund the NoteNotes, and this Agreement may not be terminated in advance of such retirement or defeasance. S-3 6140728vDOC IN WITNESS WHEREOF, each of the Cities has caused this Agreement to be executed on its behalf by its duly authorized officers, all as of the day and year first above written. CITY OF SPRING PARK, MINNESOTA, asan Issuer By________________________________ Mayor By________________________________ Clerk City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of May, 2010__________, 2014, by Sarah Reinhardt_____________ and Wendy Lewin,______________, the Mayor and City ClerkAdministrator, respectively of the City of Spring Park, Minnesota, a Minnesota municipal corporation, on behalf of said municipality. Notary Public (NOTARIAL SEAL) SIGNATURE PAGE TO JOINT POWERS AGREEMENT S-1 6140728vDOC IN WITNESS WHEREOF, each of the Cities has caused this Agreement to be executed on its behalf by its duly authorized officers, all as of the day and year first above written. CITY OF CHANHASSEN, MINNESOTA, an Issuer By________________________________ Mayor By________________________________ City Manager STATE OF MINNESOTA ) ) ss. COUNTIES OF CARVER AND HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of __________, 2014, by _______________ and _________________, the Mayor and City Manager, respectively of the City of Chanhassen, Minnesota, a Minnesota municipal corporation, on behalf of said municipality. ______________________________________ Notary Public (NOTARIAL SEAL) SIGNATURE PAGE TO JOINT POWERS AGREEMENT S-2 6140728vDOC IN WITNESS WHEREOF, each of the Cities has caused this Agreement to be executed on its behalf by its duly authorized officers, all as of the day and year first above written. CITY OF ST. BONIFACIUS, MINNESOTA, an Issuer By________________________________ Mayor By________________________________ Clerk-Treasurer STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of __________, 2014, by _______________ and _________________, the Mayor and City Clerk-Treasurer, respectively of the City of St. Bonifacius, Minnesota, a Minnesota municipal corporation, on behalf of said municipality. ______________________________________ Notary Public (NOTARIAL SEAL) SIGNATURE PAGE TO JOINT POWERS AGREEMENT S-3 6140728vDOC CITY OF ARDEN HILLS, MINNESOTA By________________________________ Its Mayor By________________________________ Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of May, 2010_______, 2014, by _____________________ and ____________________ the Mayor and City Administrator respectively of the City of Arden Hills, Minnesota, a Minnesota municipal corporation, on behalf of said municipality. Notary Public (NOTARIAL SEAL) SIGNATURE PAGE TO JOINT POWERS AGREEMENT S-4 6140728vDOC CITY OF ANKENY, IOWA By________________________________ Its Mayor By________________________________ Its City Clerk STATE OF IOWA ) ) ss. COUNTY OF _______POLK ) The foregoing instrument was acknowledged before me this ____ day of May, 2010_________, 2014, by ________________________ and ____________________ the Mayor and City Clerk, respectively of the City of Ankeny, Iowa, aan Iowa municipal corporation, on behalf of said municipality. Notary Public (NOTARIAL SEAL) SIGNATURE PAGE TO JOINT POWERS AGREEMENT S-5 6140728vDOC AMENDED AND RESTATED JOINT POWERS AGREEMENT PROVIDING FOR THE ISSUANCE OF REVENUE REFUNDING NOTES TO REFINANCE HOUSING AND HEALTHCARE FACILITIES (PHS/LAKE MINNETONKA CAMPUS PROJECT) st THIS AGREEMENT is entered into as of the 1 day of June, 2014, by and between the City of Spring Park, Minnesota ("Spring Park"), the City of Chanhassen, Minnesota ("Chanhassen"), the City of St. Bonifacius, Minnesota ("St. Bonifacius" and, with Spring Park and Chanhassen, the "Issuers"), the City of Arden Hills, Minnesota ("Arden Hills"), and the City of Ankeny, Iowa ("Ankeny") (collectively, the "Cities", or individually, a "City"). Each of the municipalities named above is a municipal corporation duly organized under the laws of the State of Minnesota or the State of Iowa. 1.Minnesota Statutes, Section 471.59 and Iowa Code, Chapter 28E (the "Joint Powers Acts") provide that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties, and may provide for the exercise of such power by one of the participating governmental units. 2.In connection with revenue bonds issued under Minnesota Statutes, Chapter 462C (the "Housing Programs Act"), Section 462C.14, Subd. 3 provides for joint action between cities pursuant to the Joint Powers Act. 3.Iowa Code, Chapter 419 provides that Iowa municipalities may issue revenue bonds to defray the costs of facilities for organizations described under Section 501(c)(3) of the Internal Revenue Code. 4.PHS/Lake Minnetonka, LLC, a Minnesota limited liability company (the "Borrower") whose sole member is Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota nonprofit organization, has proposed that the Cities enter into this Agreement pursuant to the Housing Programs Act and Iowa Code, Chapters 28E and 419, pursuant to which the Issuers will issue revenue notes (the "Notes") in the aggregate principal amount not to exceed $27,900,000 and loan the proceeds thereof to the Borrower to refinance the project described in the next paragraph. 5.The "project" consists of the refunding of the outstanding principal amount of the $28,000,000 Housing and Health Care Revenue Note, Series 2010 (PHS/Lake Minnetonka Campus Project) issued by the City of Spring Park, Minnesota (the "Series 2010 Note") to (i) finance the acquisition, construction, and equipping of new facilities, the demolition of 2 existing buildings, and renovation of existing facilities to create a senior housing development which consists of approximately 236 senior housing units, including approximately 166 independent living units, 52 assisted living units, 18 memory care units, and an approximately 20,000 square foot town center for use by the residents of the senior housing units located at 4501, 4523, 4527, and 4599 Shoreline Drive in the City; (ii) refund the City's outstanding Multifamily Housing Revenue Bonds (Presbyterian Homes Housing and Assisted Living, Inc. Project) Series 2007 (the "Series 2007 Bonds") issued to finance the acquisition and renovation of a 75-unit multifamily housing development comprised of 2 buildings located at 4599 and 4601 Shoreline Drive and 2380 Island Drive in Spring Park (the "Park Hill Apartments") and to refinance the acquisition and renovation of a 51-unit multifamily housing development comprised of 3 buildings located at 4579, 6140728v2 4589, and 4599 Shoreline Drive in the City (the "Shoreview Apartments") (together, the "Spring Park Portion"); and (iii) refund a portion of the outstanding City of Arden Hills, Minnesota Health Care and Housing Revenue Refunding Bonds (Presbyterian Homes of Arden Hills, Inc. Project), Series 1999B (the "Series 1999B Bonds"), which were issued to finance the renovation and improvement of the approximately 192-bed skilled nursing facility located at 4527 Shoreline Drive in Spring Park and also were used to finance the costs of the refinancing, acquisition, construction, or renovation of certain housing and health care facilities in the Cities of Arden Hills, Minnesota (the "Arden Hills Portion"), Bloomington, Minnesota, and Ankeny, Iowa (the "Ankeny Portion") (collectively, the "Project"). The Spring Park Portion is owned and operated by the Borrower. The Arden Hills Portion of the Project is owned and operated by Presbyterian Homes of Arden Hills, Inc., an affiliate of Presbyterian Homes and Services. The Ankeny Portion of the Project is owned and operated by Presbyterian Homes Mill Pond Care Center, Inc., an affiliate of Presbyterian Homes and Services; 6.Spring Park, the City in which a portion of the Series 2010 proceeds were used for a housing project, has adopted a housing program (the "Spring Park Program") which describes the housing development to be refinanced by the Borrower in Spring Park. 7.Arden Hills has adopted a housing program (the "Arden Hills Program") which describes the Arden Hills Portion of the Project. 8.Each of Chanhassen and St. Bonifacius hereby adopt the Spring Park Program and the Arden Hills Program. 9.Each of Arden Hills, Ankeny, and Sprung Park will adopt a resolution evidencing its intent to enter into this Agreement and granting host approval of the issuance of the Notes as required under the Internal Revenue Code of 1986, as amended (the "Code"). 10.Each of the Issuers will adopt a resolution evidencing its intent to enter into this Agreement and granting approval for the issuance of its respective Note required under the Code. 11.The Issuers shall exercise the powers of the Housing Programs Act by adopting, approving and executing such resolutions, documents, and agreements as shall be necessary or convenient to authorize, issue, and sell the Notes and such other resolutions, documents, and agreements as shall be necessary or required in connection with the issuance of the Notes and giving effect to or carrying out the provisions of this Agreement and documents under which the Notes are issued and/or secured. 12.The Notes shall be special, limited obligations of each of the Issuers, respectively, payable solely from proceeds, revenues and other amounts pledged thereto and more fully described in the respective Loan Agreement executed in connection with the Project. In no event shall the Notes ever be payable from or charged upon the general credit, taxing powers or any funds of any of the Cities; the Cities are not subject to any liability thereon; no owners of the Notes shall ever have the right to compel the exercise of the taxing power of any of the Cities to pay any of the Notes or the interest thereon, nor to enforce payment thereof against any property of either of the Cities; the Notes shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of any of the Cities; and the Notes do not constitute an indebtedness of any of the Cities within the meaning of any constitutional, statutory, or charter limitation. 2 6140728v2 13.This Agreement shall terminate upon the retirement or defeasance of all of the Notes or any bonds issued to refund the Notes, and this Agreement may not be terminated in advance of such retirement or defeasance. 6140728v2 IN WITNESS WHEREOF, each of the Cities has caused this Agreement to be executed on its behalf by its duly authorized officers, all as of the day and year first above written. CITY OF SPRING PARK, MINNESOTA, an Issuer By________________________________ Mayor By________________________________ City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of __________, 2014, by _____________ and ______________, the Mayor and City Administrator, respectively of the City of Spring Park, Minnesota, a Minnesota municipal corporation, on behalf of said municipality. Notary Public (NOTARIAL SEAL) SIGNATURE PAGE TO JOINT POWERS AGREEMENT S-1 IN WITNESS WHEREOF, each of the Cities has caused this Agreement to be executed on its behalf by its duly authorized officers, all as of the day and year first above written. CITY OF CHANHASSEN, MINNESOTA, an Issuer By________________________________ Mayor By________________________________ City Manager STATE OF MINNESOTA ) ) ss. COUNTIES OF CARVER AND HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of __________, 2014, by _______________ and _________________, the Mayor and City Manager, respectively of the City of Chanhassen, Minnesota, a Minnesota municipal corporation, on behalf of said municipality. ______________________________________ Notary Public (NOTARIAL SEAL) SIGNATURE PAGE TO JOINT POWERS AGREEMENT S-2 IN WITNESS WHEREOF, each of the Cities has caused this Agreement to be executed on its behalf by its duly authorized officers, all as of the day and year first above written. CITY OF ST. BONIFACIUS, MINNESOTA, an Issuer By________________________________ Mayor By________________________________ Clerk-Treasurer STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of __________, 2014, by _______________ and _________________, the Mayor and City Clerk-Treasurer, respectively of the City of St. Bonifacius, Minnesota, a Minnesota municipal corporation, on behalf of said municipality. ______________________________________ Notary Public (NOTARIAL SEAL) SIGNATURE PAGE TO JOINT POWERS AGREEMENT S-3 CITY OF ARDEN HILLS, MINNESOTA By________________________________ Its Mayor By________________________________ Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of _______, 2014, by _____________________ and ____________________ the Mayor and City Administrator respectively of the City of Arden Hills, Minnesota, a Minnesota municipal corporation, on behalf of said municipality. Notary Public (NOTARIAL SEAL) SIGNATURE PAGE TO JOINT POWERS AGREEMENT S-4 CITY OF ANKENY, IOWA By________________________________ Its Mayor By________________________________ Its City Clerk STATE OF IOWA ) ) ss. COUNTY OF POLK ) The foregoing instrument was acknowledged before me this ____ day of _________, 2014, by ________________________ and ____________________ the Mayor and City Clerk, respectively of the City of Ankeny, Iowa, an Iowa municipal corporation, on behalf of said municipality. Notary Public (NOTARIAL SEAL) SIGNATURE PAGE TO JOINT POWERS AGREEMENT S-5 PUBLIC HEARINGS –7C MEMORANDUM DATE: April 28, 2014 TO: Honorable Mayor and City Council Patrick Klaers, City Administrator FROM: Ryan Streff, City Planner SUBJECT:Planning Case #14-013–This Item Requires a Public Hearing Applicant: City of Arden Hills Property Location: Round Lake Road & Gateway Court Request: Right-of-way and Drainage and UtilityEasement Vacation Requested Action Approve Resolution 2014-017vacating certain portionsof right-of-way and drainage and utility easementslocated in the area of Round Lake Road and Gateway Court. Background The City has been working with Egan, Field & Nowak(EFN), Inc. to replat the area near the intersection of Round Lake Road and Gateway Court, which includes the propertieslocated at 4300 Round Lake Round and 1987 Gateway Court.The replat is being completed so that concerns with adequate right-of-way areas and drainage and utility easement areas are addressed before the City commences the reconstruction work of Round Lake Road and Gateway Court in 2014. However, before the City can approve the replat of this area certain right-of-way areas and drainage and utility easements need to be vacated. Once these areas are vacated new right-of-way and drainage and utility easements will be obtained through the nd replatting of Gateway 2Addition. City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Vacation of Roadway and Easements\Memo_Reports_14-013 13 Page of The replat of this property will allow the City to acquire additional right-of-way along Round Lake Road and Gateway Court, while vacating a portion of the right-of-way that is withinthe parking lot of 1987 Gateway Boulevard. In addition, the replat of this area will allow the City to obtain crucial drainage and utility easements neededfor maintenance purposes and at the same time vacateportions that are no longer needed by the City.The vacation request in conjunction with the replatof the propertywill ensure that the City has adequate right-of-way and easements for street and utility access and maintenance.The City Council will review the vacation requests prior to the execution of the Final Plat. The Public Works Director has provided a memo detailing the project in Attachment A. The PreliminaryandFinal Plat has also been provided in Attachment B. Roadway & Easement Vacations In order to “clean up” the plat, the City is proposing to vacate certain sections of theright-of- way and easement areas that are located on or near the affected properties and create new right-of-way areas and drainage and utility easements on the new plat. The proposed easements do not necessarily encompass all of the existing easements; however, the new easements will ultimately provide better coverage for the City. Noticeof Public Hearing Right-of-way and drainage and utility easement vacations require a public hearing before the City Council. Notice of the public hearing was published in the Arden Hills/Shoreview Bulletin and notice was prepared by the City and mailed to residents within five hundred (500) feet of the subject property. Resident Comments Staff has not received anyletters, e-mails, or telephone calls from property owners or residents in regards to this planning case. Recommendation Staff recommends approval of this request. City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Vacation of Roadway and Easements\Memo_Reports_14-013 23 Page of Requested Action Approve Resolution 2014-017 vacating certain portions of right-of-way and drainage and utility easements located in the area of Round Lake Road and Gateway Court. Deadline for Agency Actions There is no review deadline for this item as the City of Arden Hills is the applicant. Attachments A.Memo from Terry Maurer, Public Works Director –March 28, 2014 B.Preliminary andFinal Plat C.Resolution 2014-017 City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Vacation of Roadway and Easements\Memo_Reports_14-013 33 Page of Attachment A CONSENT ITEM MEMORANDUM DATE: March 28, 2014 TO: Ryan Streff, City Planner FROM: Terry Maurer, Public Works Director nd SUBJECT: Gateway 2 Addition Plat As you are aware, the City is working towards the reconstruction of Round Lake Road in 2014. The Feasibility Report prepared for this project identified the need to additional right-of-way adjacent to the property located at 4300 Round Lake Road. This property and two others adjacent to it were recently purchased by Space Center Arden Hills LLC. When City staff and our consultant approached them regarding the project and the need for additional right-of-way they were very supportive of the project and willing to discuss the additional right-of-way. They also raised a few inconsistencies regarding the right-of-way of Gateway Boulevard and existing easements on two of their recently purchased properties; 4300 Round Lake Road and 1987 Gateway Boulevard. Through several discussion it was determined the best way to address all of these issues and generally clean up this area from a right-of-way and easement standpoint was to plat the two properties and the adjacent right-of-way. Because Space Center Arden Hills LLC had recently had a survey company working on the properties for the purchase it was decided the most efficient way to proceed was to have their surveyor prepared the plat for which the City would pay. Generally this plat will result in the following: 1.The plat will provide an additional 33 feet of right-of-way for Round Lake Road adjacent nd to 4300 Round Lake Road (Lot 1 Gateway 2 Addition) making the Round Lake Road right-of-way a consistent 86 feet wide the entire length. 2.The Round Lake Road right-of-way was turned back from MnDOT in several irregular pieces in 2000. By vacating (when the plat gets to the City Council) these various turned nd back pieces and platting them in Gateway 2 Addition it will clearly establish the right- of-way along these two properties. 12 Page of 3.The plat also makes an adjustment to the Gateway Court right-of-way. Gateway Court th was originally dedicated as 14 Street North in Butchers Allotment No. 1 and was revised in the Gateway Addition plat. The current Gateway Court right-of-way is at a skewed angle with Round Lake Road and goes into the parking lot of 1987 Gateway nd Boulevard. These two issues will be corrected by the Gateway 2 Addition 4.There are several drainage and utility easements that will be added or modified by this plat. The three storm water ponds on 4300 Round Lake Road will be covered by a new drainage and utility easement allowing the City access for maintenance purposes. There is an existing 12 inch water main looped through 4300 Round Lake Road that was field located and the drainage and utility easement will be modified in location and width to allow access to maintain this water line. Finally. The sanitary sewer that serves the properties adjacent to Round Lake Road runs along the rear property line. The easement for this line will be modifies on 4300 Round Lake Road to cover the sanitary sewer that currently exists. As eluded to above, the plan is to vacate all right-of-way and easements adjacent or on these two properties when this proposed plat gets to the City Council prior to approving the new plat of nd Gateway 2 Addition that will re-establish all right-of-way and easements in the proper location and width. I will be available at both the Planning Commission and Council meetings to help explain these issues and to answer questions. 22 Page of Attachment C CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OFMINNESOTA RESOLUTION NO.2014-017 A RESOLUTION VACATING A PORTION OFRIGHT-OF-WAYAND DRAINAGE ANDUTILITY EASEMENTS th WHEREAS, the Arden Hills City Council conducted a public hearing on the 28 day of April, 2014, preceded by mailed and published notice, as required by Minnesota Statutes 412.851 and 462.358, subd. 7; and WHEREAS, the purpose of the public hearing was to consider the vacation of the public’s interest in: 1. Parcel 55 C.S. 6284 (35W=394) 901 Release 1157 That part of the Northwest Quarter of the Southwest Quarter of Section 21, Township 30 North, Range 23 West, Ramsey County, Minnesota which lies easterly of a line run parallel with and distant 113.0 feet easterly of Line 1 described below, northerly of 14th Street North, formerly Butcher's Street, as dedicated in Butcher's Allotment No. 1 of Grounds in Section 21, Town 30 N, Range 23 W, Ramsey Co., Minn., and westerly of a line run parallel with and distant 1300 feet easterly of the west line of said Section 21. Line 1: Beginning at a point on the south line of said Section 21, distant 498.99 feet east of the southwest corner thereof; thence run northeasterly at an angle of 84 degrees 41 minutes 15 seconds from said south section line (measured from east to north) for 2800 feet and there terminating. 2. Parcel 59 C.S. 6284 (35W=394) 901 Release 1157 The west 884 feet of the south 30 acres of the South Half of the Northwest Quarter of Section 21, Township 30 North, Range 23 West, Ramsey County, Minnesota which lies easterly of a line run parallel with and 113.0 feet easterly of Line 1 described below: 15 Page of Line 1: Commencing at a point on the north line of said Section 21, distant 707.73 feet east of the northwest corner thereof; thence run southerly at an angle of 86 degrees 46 minutes 36 seconds from said north section line (measured from east to south) for 1155.41 feet; thence deflect to the right on a 00 degree 45 minute 00 second curve (delta angle 07 degrees 49 minutes 03 seconds) for 1042.33 feet; thence on tangent to said curve for 228.19 feet to the point of beginning of Line 1 to be described; thence continue onthe last described course for 300 feet and there terminating. 3. PARCEL 60 C.S. 6284 (35W=394) 901 Release 1157 That part of the south 30 acres of the South Half of the Northwest Quarter of Section 21, Township 30 North, Range 23 West, Ramsey County, Minnesota, excepting therefrom the west 884 feet thereof; and excepting therefrom all that part that lies in the Southeast Quarter of the Northwest Quarter thereof, which lies easterly of a line run parallel with and distant 113.0 feet easterly of Line 1 described below, and westerly of Line 2 described below: Line 1: Beginning at a point on the south line of said Section 21, distant 498.99 feet east of the southwest corner thereof; thence run northeasterly at an angle of 84 degrees 41 minutes 15 seconds from said south section line (measured from east to north) for 2856.19 feet and there terminating; Line 2: Commencing at a point on a line run parallel with and distant 33 feet easterly of Line 3 described below, distant 200 feet northerly of its intersection with the east and west quarter line of said Section 21; thence run southeasterly to a point on said east and west quarter line, distant 220 feet easterly of said intersection and the point of beginning of Line 2 to be described; thence run westerly along said east and west quarter line for 141.92 feet; thence deflect to the right on a non-tangential curve, concave to the northeast, having a delta angle of 57 degrees 43 minutes 04 seconds, a radius of 167.00 feet and a chord azimuth of 335 degrees 03 minutes51 seconds, for 168.23 feet, more or less, to an intersection with said 33 foot parallel line; thence run northerly on said 33 foot parallel linefor 52.28 feet and there terminating; Line 3: Beginning at a point on the· north line of said Section 21, distant 1180 feet east of the northwest corner thereof; thence run southerly at an angle of 75 degrees 28 minutes 41 seconds from said north section line (measured from west to south) for 1105.99 feet; thence deflect to the left at an angle of 17 degrees 04 minutes 13 seconds for 167.08 feet; thence deflect to the right on a 00 degree 44 minute 14 second curve (delta angle 07 degrees 08 minutes 33 seconds) for 968.91 feet; thence on tangent to said curve for 600 feet and there terminating. 4. PARCEL 60 C.S. 6284 (35W=394) 901 Release 1199 25 Page of The south 30 acres of the South Half of the Northwest Quarter of Section 21, Township 30 North, Range 23 West, Ramsey County, Minnesota, excepting therefrom the west 884 feet thereof; and excepting therefrom all that part that lies in the Southeast Quarter of the Northwest Quarter thereof, which lies easterly of a line run parallel with and distant 113.0 feet easterly of Line 1 described below, and westerly of a line run parallel with and distant 33 feet easterly of Line 2 described below: Line 1: Commencing at a point on the south line of said Section 21, distant 498.99 feet east of the southwest corner thereof; thence northeasterly at an angle of 84 degrees 41 minutes 15 seconds from said south section line (measured from east to north) for 2856.19 feet to the point of beginning of Line 1 to be described; thence continue on the last described course for 228.19 feet; thence deflect to the left on a 00 degree 45 minute 00 second curve (delta angle 07 degrees 49 minutes 03 seconds) for 1042.33 feet and there terminating; Line 2: Beginning at a point on the north line of said Section 21, distant 1180 feet east of the northwest corner thereof; thence southwesterly at an angle of 75 degrees 28 minutes 41 seconds from said north section line (measured from west to south) for 1105.99 feet; thence deflect to the left at an angle of 17 degrees 04 minutes 13 seconds for 167.08 feet; thence deflect to the right on a 00 degree 44 minute 14 second curve (delta angle 07 degrees 08 minutes 33seconds) for 968.91 feet; thence on tangent to said curve for 228.19 feet and there terminating. 5. That part of Round Lake Court, vacated, as dedicated in GATEWAY ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota. And That partof vacated 14th Street North, formerly Butcher's Street, as dedicated in Butcher's Allotment No. 1 of Grounds in Section 21, Town 30 N, Range 23 W, Ramsey Co., Minn., which lies westerly of the east line of the west 1300 feet of the Northwest Quarter of the Southwest Quarter of said Section 21, and easterly of the southerly extension of a line parallel with, and 66.00 feet east of the following described line: Beginning at a point on the North line of said Section 21, distant 1,180 feet East of the Northwest corner thereof; thence run Southerly at an angle of 75 degrees 28 minutes 41 seconds from said North section line (measured from West to South) for 1,105.99 feet; thence deflect to the left at an angle of 17 degrees 04 minutes 13 seconds for 167.08 feet; thence deflect to the right on an 00 degree 44 minute 14 second curve (delta angle 07 degrees 08 minutes 33 seconds) for 968.91 feet; thence on a tangent to said curve for 600 feet and there terminating. 35 Page of 6. The sanitary sewer easement granted over Tract No. 2 described as follows: Tract No. 2 That part Easterly of Highway 35-W of the South 30 acres of the Northwest ¼ of Section 21, Township 30, Range 23 except the West 884 feet thereof and except the following: Beginning at the point on the South line of said 30 acres, 2033.0 feet East of the Southwest corner thereof; thence East to the Southeast corner thereof; thence North to the Northeast corner thereof; thence West along the North line of said 30 acres to a point 1768.0 feet East of the Northwest corner thereof; thence South 28 degrees 41’ East 559.7 feet more or less to the point of beginning, except part deeded to State of Minnesota in Book “1729” RCR Page 988 and Book “2033” RCR Page 528. The centerline of said 30 foot perpetual easement over and across the afore- described tract of land (Tract No. 2) being described as follows: Commencing at the Northeast corner of the afore-described tract of land; thence run West along the North line of said tract 208.5 feet to the point of beginning; thence deflect to the left 88 degrees for 275 feet and there terminating. 7. All of the drainage and utility easements within Lot 1, Block 1, Gateway Addition, Ramsey County, Minnesota as dedicated by said plat. WHEREAS, all of the above-referenced right-of-way and easements arebeing vacated in order to replat the property to correct and/or combine particular parcels to allow for adequate right-of-way and easements for street and utility access and maintenance. WHEREAS, the Arden Hills City Councilhas determined that it is in the public’s interest to vacate the Right-of-way and Utility Easements. NOW, THEREFORE, BE IT RESOLVED, that the Arden Hills City Council hereby vacates the public’s interest inthat portion of right-of-wayand that portionof the easements and directs the City Administrator to file a certified copy of this Resolution with the Ramsey County, Minnesota Recorder. th ADOPTED by the Council this 28day of April, 2014. 45 Page of CITY OF ARDEN HILLS Dated: ____________________________By: __________________________ David Grant,Mayor ATTESTED BY: _______________________________ Amy Dietl, City Clerk 55 Page of NEW BUSINESS–8A MEMORANDUM DATE: April 28, 2014 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Ryan Streff, City Planner SUBJECT:Planning Case #14-013 Applicant: City of Arden Hills Property Location: Round Lake Road & Gateway Court nd Request: Preliminary & Final Plat–Gateway 2Addition Requested Action nd Motion to Approve Planning Case 14-013 for aPreliminary andFinalPlatof the Gateway 2 Addition, based on the submittedplans and the findings of fact, as amended by the four (4) conditions in the April 28, 2014, Report to the City Council. Background 1.Overview of Request nd The City of Arden Hills has requested a Preliminary and Final Plat of the Gateway 2Addition to correct and/or combine particular parcels located in close proximity to the intersection of Round Lake Road and Gateway Court.The request includes thereplat oftwo properties that are located at 4300 Round Lake Road and 1987 Gateway Courtalong with new right-of-way and easementareas.The property isgenerally located north ofI-694, south of Highway 96, east of I- 35,and west of Old Highway 10/Round Lake.The replattingwill ensure that the City has adequate right-of-way and easements for street and utility access and maintenance. City of Arden Hills City Council Meeting for April 28, 2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway &Easement Vacation\Preliminary & Final Plat\Memos_Reports_14-013 15 Page of The City has been working with Egan, Field & Nowak (EFN), Inc. to replat thearea so that concerns with adequate right-of-way areas and drainage andutility easement areas are addressed before the City commences the reconstruction work of Round Lake Road and Gateway Court in 2014. The replat of this property will allow the City to acquireadditional right-of-way along Round Lake Roadand Gateway Court, while vacating a portion of the right-of-way that is within the parking lot of 1987Gateway Boulevard. In addition, the replat of this area will allow the City to obtain crucial drainage and utility easements neededfor maintenance purposes and at the same time vacateportions that are nolonger needed by the City.The City Council will review the right-of-way and easement vacation request at the time of the Final Plat review. The Public Works Director has provided a memo detailing the project in Attachment A.The PreliminaryandFinal Plat has also been provided in Attachment B. Plan Evaluation 1.G-BRegulations, Existing Conditions, and Proposed Development A.Lot Coverage: Meets Requirements The plat should not impact lot coverage requirements or create additional nonconformities. 2.Subdivision Ordinance A.Street Access and Utilities (1130.03 & 1140.05) No new streets are being created as a result of this plat. Minimum roadway widths will be maintainedand are shown on the Final Plat. Commercial and industrial roadways require a minimum width of 70 feet with a pavement width of 36 feet. Cul- de-sacs require a minimum width of 60 feet with a pavement width of 28 feet. Utilities are required to be installed underground as stated in the Code. The City will acquire additional right-of-way along Round Lake Road and Gateway Court, while vacating a portion of the right-of-way that is within the parking lot of 1987 Gateway Boulevard. B.Easements (Section 1130.05 & 1130.08) City subdivision regulations require twelve (12) foot wide drainage and utility easements dedicated to the City along the right-of-way and centered on common lot City of Arden Hills City Council Meeting for April 28,2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Preliminary &Final Plat\Memos_Reports_14-013 Page 2of 5 lines. Twenty (20) foot easements along storm sewer, sanitary sewer and water mains are required. These easementshave been provided and are shown on the Final Plat. In order to “clean up” the plat, the City is proposing to vacate the easements that are currently located on the propertiesand create new drainage and utility easementson the new plat. The proposed easements do not necessarily encompass all of the existing easements. However, the new easements will ultimately provide better coverage for the City. The City Council willreview the vacation requests prior to the execution of the Final Plat. The subdivision regulations require all ponding and drainage areas to be included in the drainage easements that are dedicated to the City. C.Park Dedication (1130.08 Subd 2) Park Dedication is not required for the application as the City is simply replatting existing propertyand noadditional lots are being created. Park dedication was provided when the property was originally developed(Planning Case 97-006), which required a twenty (20) foot wide trail easement and $50,790 cash in lieu, or the easement and the construction of the ten (10) foot wide trail. The trail has been constructed to satisfy the park dedication requirement for these properties. 3.Additional Plan Review The City Engineer has reviewed the Preliminary and Final Plat and a copy has been submitted to Ramsey County for their review. Resident Comments Staff has not received any letters, e-mails, or telephone calls from property owners or residents in regards to this planning case. Notice Notice was published in the Arden Hills/Shoreview Bulletin and notice was prepared by the City and mailed to residents within five hundred (500) feet of the subject property. City of Arden Hills City Council Meeting for April 28,2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Preliminary &Final Plat\Memos_Reports_14-013 Page 3of 5 Findings of Fact: The Planning Commission reviewed this application at theirApril 9, 2014, meeting, and have offered the following findings of fact for your consideration: General Findings: 1.The City of Arden Hillsis requesting approval of a Preliminary & FinalPlatof the nd Gateway 2Additionin order to correct and/or combine parcels into a single plat. 2.The property proposed to be replatted is within the Gateway Business(GB) Zoning Districtnear the intersection of Round Lake Road and Gateway Court. 3.The Final Plat will provide for adequate right-of-way and drainage andutilityeasements. 4.The replat should not impact lot coverage requirements or create additional nonconformities. 5.The park dedication fee does not apply to the application. 6.The drainage areas and stormwater pond areas are included with theutility easementsthat will be dedicated to the City. 7.The Preliminary andFinal Plat has been submitted to Ramsey Countyfor their review. 8.The proposed plan meets all of the requirements of the City’s Zoning and Subdivision Ordinances. 9.The proposed plan is in conformance with the City’s Comprehensive Plan. Recommendation The Planning Commission reviewed Planning Case 14-013 and unanimously recommends nd approval of the Preliminary and FinalPlatof the Gateway 2Addition, based on the submitted plans and thefindings of fact,as presented in the April 28, 2014, Report to the City Council, as amended by the following five (4) 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/or theCity Council. 2.That the drainage and utility easement shall be expanded from six (6) feet to twelve (12) feet nd alongthe eastern property line of Block 1, Lot 1, Gateway 2Addition. 3.That the comments provided from Ramsey County shall be included in the Final Plat. 4.That the City shall approve the vacation of a segment of the Gateway Court right-of-way and existing drainage and utilityeasements as notedon the plans prior to the execution of the Final Plat. New right-of-way and drainage and utilityeasements will be created with the Final Plat. City of Arden Hills City Council Meeting for April 28,2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Preliminary &Final Plat\Memos_Reports_14-013 Page 4of 5 Requested Action nd Motion to Approve Planning Case 14-013 for a Preliminary and FinalPlatof the Gateway 2 Addition, based on the submittedplans and the findings of fact, as amended by the four (4) conditions in the April 28, 2014, Report to the City Council. 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. The findings in this report currently support approval of the Preliminary and FinalPlatof the nd Gateway 2Addition. With a motion to deny Planning Case 14-013, the findings must be amended to reflect the reasons for the denial. Deadline for Agency Actions There is no review deadline for this item as the City of Arden Hills is the applicant. Attachments A.Draft Planning Commission Minutes –April 9, 2014 B.Planning Commission Report –April 9, 2014 C.Memo from Terry Maurer, Public Works Director –March 28, 2014 D.Preliminary andFinal Plat City of Arden Hills City Council Meeting for April 28,2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Preliminary &Final Plat\Memos_Reports_14-013 Page 5of 5 Attachment A Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, APRIL 9,2014 6:30 P.M. -ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Clayton Larson called to order the regular Planning Commission meeting at 6:30p.m. ROLL CALL Present were: Chair Clayton Larson, Commissioners Brent Bartel (arrived at 6:36 p.m.), Andrew Holewa, Steven Jones (Alternate), Roberta Thompson, and Clayton Zimmerman. Absent: Commissioners Angela Hames and Sam Scott. Also present were: City Planner Ryan Streff; Associate Planner Matthew Bachler;Public Works Director, Terry Maurer;and Councilmember Fran Holmes. APPROVAL OF AGENDA –APRIL 9,2014 Chair Larson stated the agenda will stand as published. APPROVAL OF MINUTES March 5,2014–Planning Commission Regular Meeting Commissioner Zimmermanmoved, seconded by Commissioner Holewa, to approve the March 5,2014, Planning Commission Regular Meeting as presented. The motion carried unanimously (5-0). PLANNING CASES nd B.Planning Case 14-013;Preliminary & Final Plat –Gateway 2Addition–Public Hearing City Planner Streff statedthatthe City of Arden Hills is requesting approval of a Preliminary and Final Plat of the Gateway 2nd Addition to correct and/or combine particular parcels located in close proximity to the intersection of Round Lake Road and Gateway Court. The request ARDEN HILLS PLANNING COMMISSION –April 9, 20142 includes the replat of two properties that are located at 4300 Round Lake Road and 1987 Gateway Court along with new right-of-way and easement areas. The property is generally located north of I-694, south of Highway 96, east of I-35, and west of Old Highway 10/Round Lake. The replatting will ensure that the City has adequate right-of-way and easements for street and utility access and maintenance. City Planner Streff indicatedthatthe City has been working with Egan, Field & Nowak (EFN), Inc. to replat the area so that concerns with adequate right-of-way areas and drainage and utility easement areas are addressed before the City commences the reconstruction work of Round Lake Road and Gateway Court in 2014. The replat of this property will allow the City to acquire additional right-of-way along Round Lake Road and Gateway Court, while vacating a portion of the right-of-way that is within the parking lot of 1987 Gateway Boulevard. In addition, the replat of this area will allow the City to obtain crucial drainage and utility easements need for maintenance purposes and at the same time vacating portions that are no longer needed bythe City. The City Council will review the right-of-way and easement vacation request at the time of the Final Plat review. City Planner Streff noted the Public Works Director has provided a memo detailing the project for the Planning Commission, along with a Preliminary and Final Plat. Site Data Future Land Use Plan:Light Industrial and Office Existing Land Use:Light Industrial (office space, manufacturing, and warehousing) Zoning:G-B: Gateway Business Current Lot Sizes:4300 Round Lake Road =11.57 Acres & 1987 Gateway Boulevard = 7.90 Acres Topography:The right-of-way and easement areas are fairly flat City Planner Streff reviewed the surrounding area, the Plan Evaluation and the Plan Review. City Planner Streff provided the Findings of Fact for review: General Findings: 1.The City of Arden Hills is requesting approval of a Preliminary & Final Plat of the Gateway 2nd Addition in order correct and/or combine parcels into a single plat. 2.The property proposed to be replatted is within Gateway Business (GB) Zoning District near the intersection of Round Lake Road and Gateway Court. 3.That the Final Plat will provide for adequate right-of-way and drainage and utility easements. 4.The replat should not impact lot coverage requirements or create additional nonconformities. 5.The park dedication fee does not apply to the application. 6.The drainage areas and stormwater pond areas are included with the utility easements that will be dedicated to the City. 7.The Preliminaryand Final Plat has been submitted to Ramsey County for their review. 8.The proposed plan meets all of the requirements of the City’s Zoning and Subdivision Ordinances. ARDEN HILLS PLANNING COMMISSION –April 9, 20143 9.The proposed plan is in conformance with the City’s Comprehensive Plan. City Planner Streff stated based on the submitted plans and the findings of fact, the Preliminary and Final Plat are in conformance with the Zoning and Subdivision Ordinances, therefore, staff recommends approval of Planning Case 14-013 for a Preliminary and Final Plat for the Gateway 2nd Addition subject to the four (4) conditions of approval: 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/or the City Council. 2.That the drainage and utility easement shall be expanded from six (6) feet to twelve (12) feet along the eastern property line of Block 1, Lot 1, Gateway 2nd Addition. 3.That the comments provided from Ramsey County shall be included in the Final Plat. 4.That the City shall approve the vacation of a segment of the Gateway Court right-of-way and existing drainage and utility easements as noted on the plans prior to the execution of the Final Plat. New right-of-way and drainage and utility easements will be created with the Final Plat. City Planner Streff reviewed the options available to the Planning Commission on this matter: 1.Recommend Approval with Conditions 2.Recommend Approval as Submitted 3.Recommend Denial 4.Table Chair Larson opened the floor to Commissioner comments. Chair Larson requested further information on the existing nonconformities on this site. City Planner Streff explained the minimum landscaping requirements were not being met for the property at 1987 Gateway Boulevard based on the size of the lot. Commissioner Holewa asked if a park dedication fee was paid when the property was originally platted. City Planner Streff indicatedthatthe trail along Round Lake on the eastside of the property was constructed by the property owner in lieu of park dedication. Associate Planner Bachler reported the trail was not located on land owned by the City. Commissioner Holewa requested that further information regarding this trail be provided to the City Council. Public Works Director Maurer further discussed the Preliminary and Final Plat for the nd Gateway 2Addition with the Planning Commission. He indicated the driving force for this project was the renovation to Round Lake Road and the City’s need for additional right-of-way and easements in this area for proper maintenance. ARDEN HILLS PLANNING COMMISSION –April 9, 20144 Chair Larson questioned where the existing trail was located. Public Works Director Maurer noted the trail was located at the rear of the property. He noted a trail would be builtalong Round Lake Road by the City through the improvement project. Chair Larson opened the public hearing at 6:57p.m. Chair Larson invited anyone for or against the application to come forward and make comment. Chair Larson There being no comment closed the public hearing at 6:58p.m. Commissioner Holewamoved and Commissioner Bartelseconded a motion to recommend nd approval of Planning Case 14-013for a Preliminary and Final Plat of Gateway 2 Addition located at Round Lake Road and Gateway Court based on the findings of fact and the submitted plans, as amended by the four (4) conditions in the April 9,2014, report to the Planning Commission. The motion carried unanimously (6-0). MEMORANDUM 3.B DATE: April 9, 2014PC Agenda Item TO: Planning Commission FROM: Ryan Streff, City Planner SUBJECT:Planning Case #14-013–Public HearingRequired Applicant: City of Arden Hills Property Location: Round Lake Road & Gateway Court Request: Preliminary & Final Plat Requested Action nd The City of Arden Hillsis requesting approval of a Preliminary andFinalPlatof the Gateway 2 Addition. Background 1.Overview of Request nd The City of Arden Hills has requested a Preliminary and Final Plat of the Gateway 2Addition to correct and/or combine particular parcels located in close proximity to the intersection of Round Lake Road and Gateway Court.The request includes thereplat oftwo properties that are located at 4300 Round Lake Road and 1987 Gateway Courtalong with new right-of-way and easementareas.The property isgenerally located north ofI-694, south of Highway 96, east of I- 35,and west of Old Highway 10/Round Lake.The replattingwill ensure that the City has adequate right-of-way and easements for street and utility access and maintenance. The City has been working with Egan, Field & Nowak (EFN), Inc. to replat thearea so that concerns with adequate right-of-way areas and drainage andutility easement areas are addressed before the City commences the reconstruction work of Round Lake Road and Gateway Court in 2014. The replat of this property will allow the City to acquireadditional right-of-way along Round Lake Roadand Gateway Court, while vacating a portion of the right-of-way that is within City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Memos_Reports_14-013 Page 1of 7 the parking lot of 1987Gateway Boulevard. In addition, the replat of this area will allow the City to obtain crucial drainage and utility easements need for maintenance purposes and at the same time vacating portions that are no longer needed by the City.The City Council will review the right-of-way and easement vacation request at the time of the Final Plat review. The Public Works Director has provided a memodetailing the project in Attachment A.The PreliminaryandFinal Plat has also been provided in Attachment B. 2.Site Data: Future Land Use Plan:Light Industrial and Office Existing Land Use:Light Industrial (office space, manufacturing, and warehousing) Zoning:G-B: Gateway Business Lot Size:4300 Round Lake Road = 11.57 Acres & 1987 Gateway Boulevard = 7.90 Acres Topography:The right-of-way and easement areas are fairly flat 3.Surrounding Area: DirectionFuture Land Use PlanZoningExisting Land Use NorthLight Industrial and OfficeG-B: Gateway BusinessLight Industrial SouthMixed BusinessG-B: Gateway BusinessVacant Light Industrial and OfficeG-B: Gateway BusinessLight Industrial East Water -Round LakeWater -Round LakeWater -Round Lake West35W Right-of-Way35W Right-of-Way35W Right-of-Way City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Memos_Reports_14-013 Page 2of 7 Plan Evaluation 1.G-BRegulations, Existing Conditions, and Applicable GBLot Requirements Proposed Development 1.Minimum Lot Area (sf.)5 Acres A.Lot Size & Dimensions: Meets 2. Minimum Lot Size (ft., width/depth)100/130 Requirements. 3. Height (ft.)35 4. LotCovered by Structure- B.Structure Setbacks: Meets 5. MinimumLandscape Lot Area35% Requirements and PUD. 6. Minimum Building Setbacks (ft) C.Lot Coverage: Meets Requirements Front yard50 Rear Yard (Principle)20 The lot coverage requirements for the Rear Yard (Accessory)10 two properties affected by theplat Side Yard Interior -Principal have been provided below.The plat (Min/total both yards on lot)20/40 should not impact lot coverage Side Yard Interior -Accessory10 requirements or create additional Side Yard Corner50 nonconformities. 4300 Round Lake Road Total Lot Square Other Impervious Landscaping %Building % footageSurfaces % GB Zoning District 217,800 sq. ft. 35%(Min)==== Standards(5 Acres) Existing Lot 32% 483,820 sq. ft.36%32% Coverage(154,535 sq. ft.) Proposed Lot 32% 475,708 sq. ft.35%32% Coverage(154,535 sq. ft.) 1987 Gateway Boulevard Total Lot Square Landscaping %Building %Other Impervious footageSurfaces % GB Zoning District 217,800 sq. ft. 35%(Min)==== Standards(5 Acres) Existing Lot 30% 344,036 sq. ft.33%37% Coverage(104,339sq. ft.) Proposed Lot 29% 353,658 sq. ft.33%38% Coverage(104,339 sq. ft.) City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Memos_Reports_14-013 Page 3of 7 2.Subdivision Ordinance A.Street Access and Utilities (1130.03 & 1140.05) No new streets are being created as a result of this plat. Minimum roadway widths will be maintainedand are shown on the Final Plat. Commercial and industrial roadways require a minimum width of 70 feet with a pavement width of 36 feet. Cul- de-sacs require a minimum width of 60 feet with a pavement width of 28 feet. Utilities are required to be installed underground as stated in the Code. The City will acquire additional right-of-way along Round Lake Road and Gateway Court, while vacating a portion of the right-of-way that is within the parking lot of 1987 Gateway Boulevard. B.Easements (Section 1130.05 & 1130.08) City subdivision regulations require twelve (12) foot wide drainage and utility easements dedicated to the City along the right-of-way and centered on common lot lines. Twenty (20) foot easements along storm sewer, sanitary sewer and water mains are required. These easementshave been provided and are shown on the Final Plat. In order to “clean up” the plat, the City is proposing to vacate the easements that are currently located on the propertiesand create new drainage and utility easementson the new plat. The proposed easements do not necessarily encompass all of the existing easements. However, the new easements will ultimately provide better coverage for the City. The City Council willreview the vacation requests prior to the execution of the Final Plat. The subdivision regulations require all ponding and drainage areas to be included in the drainage easements that are dedicated to the City. C.Park Dedication (1130.08 Subd 2) Park Dedication is not required for the application as the City is simply replatting existing property. No additional lots are being created. 3.Additional Plan Review The City Engineer has reviewed the Preliminary and Final Plat and a copy has been submitted to Ramsey County for their review. City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Memos_Reports_14-013 Page 4of 7 Findings of Fact: The Planning Commission must make a finding as to whether or not the proposed application and use would adversely affect the surrounding neighborhood or the community as a whole based on theaforementioned factors. Staff offers the followingnine (9) findings of fact for consideration: General Findings: 1.The City of Arden Hillsis requesting approval of a Preliminary & FinalPlatof the nd Gateway 2Additionin order correct and/or combine parcels into a single plat. 2.The property proposed to be replatted is within Gateway Businesss (GB) Zoning District near the intersection of Round Lake Road and Gateway Court. 3.That the Final Plat will provide for adequate right-of-way and drainage andutility easements. 4.The replat should not impact lot coverage requirements or create additional nonconformities. 5.The park dedication fee does not apply to the application. 6.The drainage areas and stormwater pond areas are included with theutility easementsthat will be dedicated to the City. 7.The Preliminary andFinal Plat has been submitted to Ramsey Countyfor their review. 8.The proposed plan meets all of the requirements of the City’s Zoning and Subdivision Ordinances. 9.The proposed plan is in conformance with the City’s Comprehensive Plan. Recommendation Based on the submitted plans and the findings of fact,the Preliminary andFinal Plat are in conformance with the Zoning and Subdivision Ordinances, therefore,staff recommends approval nd of Planning Case 14-013for a Preliminary and Final Plat for the Gateway 2Additionsubject to the four (4) conditions ofapproval: 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/or theCity Council. 2.That the drainage and utility easement shall be expanded from six (6) feet to twelve (12) feet nd along the eastern property line of Block 1, Lot 1, Gateway 2Addition. 3.That the comments provided from Ramsey County shall be included in the Final Plat. 4.That the City shall approve the vacation of a segment of the Gateway Court right-of-way and existing drainage and utilityeasements as notedon the plans prior to the execution of the City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Memos_Reports_14-013 Page 5of 7 Final Plat. New right-of-way and drainage and utilityeasements will be created with the Final Plat. Proposed Motion Language 1.Recommend Approval with Conditions:Motion to recommend approvalof Planning Case nd 14-013for a Preliminary andFinal Plat of Gateway 2Additionlocated at Round Lake Road andGateway Courtbased on the findings of fact, submitted plans, and thefour (4) conditions in the April 9, 2014, Report to the Planning Commission. 2.Recommend Approval as Submitted:Motion to recommend approvalof Planning Case 14- nd 013for a Preliminary andFinal Plat of Gateway 2Additionlocated at Round Lake Road andGateway Courtbased on the findings of fact and the submitted plans in the April 9, 2014, Report to the Planning Commission. 3.Recommend Denial:Motion to recommend denialof Planning Case 14-013for a nd Preliminary andFinal Plat of Gateway 2Additionlocated at Round Lake Road and Gateway Courtbased on the findings of fact.... findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. nd 4.Table:Motion to tablePlanning Case 14-013for a Preliminary andFinal Plat of Gateway 2 Additionlocated at Round Lake Road andGateway Courtin order to gather the following information….a specific reason and/or information request should be included with a motion to table. Deadline for Agency Actions There is no review deadline for this item as the City of Arden Hills is the applicant. Resident Comments Staff has not received any letters, e-mails, or telephone calls from property owners or residents in regards to this planning case. Notice Notice was published in the Arden Hills/Shoreview Bulletin and notice was prepared by the City and mailed to residents within five hundred (500) feet of the subject property. City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Memos_Reports_14-013 Page 6of 7 Attachments A.Memo from Terry Maurer, Public Works Director –March 28, 2014 B.Preliminary andFinal Plat City of Arden Hills Planning Commission Meeting for April 9, 2014 P:\Planning\Planning Cases\2014\PC 14-013 -Round Lake Road_Gateway Court -Preliminary, Final Plat and Roadway & Easement Vacation\Memos_Reports_14-013 Page 7of 7 Attachment C CONSENT ITEM MEMORANDUM DATE: March 28, 2014 TO: Ryan Streff, City Planner FROM: Terry Maurer, Public Works Director nd SUBJECT: Gateway 2 Addition Plat As you are aware, the City is working towards the reconstruction of Round Lake Road in 2014. The Feasibility Report prepared for this project identified the need to additional right-of-way adjacent to the property located at 4300 Round Lake Road. This property and two others adjacent to it were recently purchased by Space Center Arden Hills LLC. When City staff and our consultant approached them regarding the project and the need for additional right-of-way they were very supportive of the project and willing to discuss the additional right-of-way. They also raised a few inconsistencies regarding the right-of-way of Gateway Boulevard and existing easements on two of their recently purchased properties; 4300 Round Lake Road and 1987 Gateway Boulevard. Through several discussion it was determined the best way to address all of these issues and generally clean up this area from a right-of-way and easement standpoint was to plat the two properties and the adjacent right-of-way. Because Space Center Arden Hills LLC had recently had a survey company working on the properties for the purchase it was decided the most efficient way to proceed was to have their surveyor prepared the plat for which the City would pay. Generally this plat will result in the following: 1.The plat will provide an additional 33 feet of right-of-way for Round Lake Road adjacent nd to 4300 Round Lake Road (Lot 1 Gateway 2 Addition) making the Round Lake Road right-of-way a consistent 86 feet wide the entire length. 2.The Round Lake Road right-of-way was turned back from MnDOT in several irregular pieces in 2000. By vacating (when the plat gets to the City Council) these various turned nd back pieces and platting them in Gateway 2 Addition it will clearly establish the right- of-way along these two properties. 12 Page of 3.The plat also makes an adjustment to the Gateway Court right-of-way. Gateway Court th was originally dedicated as 14 Street North in Butchers Allotment No. 1 and was revised in the Gateway Addition plat. The current Gateway Court right-of-way is at a skewed angle with Round Lake Road and goes into the parking lot of 1987 Gateway nd Boulevard. These two issues will be corrected by the Gateway 2 Addition 4.There are several drainage and utility easements that will be added or modified by this plat. The three storm water ponds on 4300 Round Lake Road will be covered by a new drainage and utility easement allowing the City access for maintenance purposes. There is an existing 12 inch water main looped through 4300 Round Lake Road that was field located and the drainage and utility easement will be modified in location and width to allow access to maintain this water line. Finally. The sanitary sewer that serves the properties adjacent to Round Lake Road runs along the rear property line. The easement for this line will be modifies on 4300 Round Lake Road to cover the sanitary sewer that currently exists. As eluded to above, the plan is to vacate all right-of-way and easements adjacent or on these two properties when this proposed plat gets to the City Council prior to approving the new plat of nd Gateway 2 Addition that will re-establish all right-of-way and easements in the proper location and width. I will be available at both the Planning Commission and Council meetings to help explain these issues and to answer questions. 22 Page of UNFINISHED BUSINESS 9A MEMORANDUM DATE: April 28, 2014 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Terry Maurer, Public Works Director John Anderson, Assistant City Engineer SUBJECT: Round Lake Road Bids/Assessment Roll Budgeted Amount: Actual Amount: Funding Source: $2,627,650.00 $2,485,247.71 MSA, Excess TIF, Assessments, Water Utility, Surface Water Funds, PIR Requested Action Adopt Resolution 2014-023 Declaring the Cost to be Assessed and Ordering the Preparation of the Assessment Roll for the Round Lake Road, Gateway Boulevard and Gateway Court Improvements. Also, adopt Resolution 2014-024 Setting the Date for the Assessment Hearing as May 12, 2014. Background/Discussion As per Council direction, bids were opened on Thursday, April 17, 2014, for the Round Lake Road, Gateway Boulevard and Gateway Court improvement. There were a total of eight bids received. The following list provides the bidders name and their total bid. A full bid tabulation is attached as Attachment A. Meyer Contracting, Inc. $1,766,605.41 Valley Paving, Inc. 1,826,883.05 Northwest Asphalt 1,881,398.19 Forest Lake Contracting, Inc. 1,882,203.00 North Valley Inc. 1,929,408.71 Carl Bolander & Sons, Co. 1,931,081.20 T.A. Schifsky and Sons, Inc. 2,045,093.60 ASTECH, Corp. 2,073,963.39 12 Page of The total project cost is $2,485,247.71, which includes the low bid from Meyer Contracting, Inc., lighting to be installed by Xcel Energy. The 2014 Capital Improvement Plan (CIP) estimated the total project cost at $2,627,650.00; however that estimate included $500,000.00 for sanitary sewer in Round Lake Road anticipating the elimination of lift station #11 which was subsequently determined to not be cost effective. The CIP estimate did not include the mill and overlay of either Gateway Boulevard or Gateway Court which are both included in the total bid. Also, included in this bid is the replacement of the MnDOT fencing (2,600 linear feet) on the interstate side of Round Lake Road and the directional boring of the replacement water main in order to minimize disruption to the businesses. Finally, the total project cost includes Xcel Energy installed lighting on Round Lake Road and Gateway Boulevard. An analysis of the low bid received relative to the assessment scenario laid out in the Feasibility Report yields an assessment rate of $191.25 per front foot; just slightly less than the $193.00 estimated in the Feasibility Report. assessing 70% of the cost for commercial/industrial street reconstruction projects. In order to move the project forward, it would be appropriate for the Council to consider adopting the attached two resolutions. The first, Resolution 2014-023, as shown in Attachment B, Declares the Cost to be Assessed and Orders the Preparation of the Assessment Roll. The second, Resolution 2014-024, included in Attachment C, Sets the Date for the Assessment Hearing as May12, 2014. Attachments Attachment A: Bid Tabulation Attachment B: Resolution 2014-023 Attachment C: Resolution 2014-024 22 Page of CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2014-023 A RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE ROUND LAKE ROAD, GATEWAY BOULEVARD AND GATEWAY COURT IMPROVEMENTS WHEREAS , a bid has been let for the City of Arden Hills Round Lake Road, Gateway Boulevard and Gateway Court Improvements: And the contract price for such improvement is $1,766,605.41 and the expenses incurred or to be incurred in the making of such improvement amount to $718,641.70 so that the total cost of the improvement will be $2,485,247.11. NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF ARDEN HILLS, MINNESOTA : 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $1,165,206.16 and the portion of the cost to be assessed against benefited property owners is declared to be $1,320,040.95. 2. Assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2015, and shall bear interest at the rate of 4.6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Clerk shall, upon the completion of such proposed assessment, notify the council thereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28th DAY OF APRIL, 2014. ____________________________________ David Grant, Mayor ATTEST: _______________________________________ Amy Dietl, City Clerk Attachment C CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2014-024 A RESOLUTION SETTING THE DATE FOR ASSESSMENT HEARING FOR THE ROUND LAKE ROAD, GATEWAY BOULEVARD AND GATEWAY COURT IMPROVEMENTS WHEREAS , by a resolution passed by the council on April 28, 2014, the City Clerk was directed to prepare a proposed assessment of the cost for the City of Arden Hills Round Lake Road, Gateway Boulevard and Gateway Court Improvements: WHEREAS , the City Clerk has notified the council that such proposed assessment has been completed and filed in his office for public inspection, NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF ARDEN HILLS, MINNESOTA : 1. A hearing shall be held at 7:00 p.m. on the 12th day of May, 2014, in the City Hall at 1245 West Highway 96, to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. An owner may at any time thereafter, pay to the County the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28th DAY OF APRIL, 2014. ____________________________________ David Grant, Mayor ATTEST: _______________________________________ Amy Dietl, City Clerk