Loading...
HomeMy WebLinkAbout05-11-15-RAPPROVAL OF AGENDA PUBLIC INQUIRIES/INFORMATIONAL Public inquiries/informational is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. STAFF COMMENTS Rice Creek Commons -TCAAP -Update Jill Hutmacher, Community Development Director MEMO.PDF Joint Development Authority Update Jill Hutmacher, Community Development Director MEMO.PDF Transportation Update Terry Maurer, Public Works Director MEMO.PDF APPROVAL OF MINUTES Draft Minutes - March 30, 2015, Regular City Council 03 -30 -15 -R.PDF CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format.   There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Claims And Payroll Sue Iverson, Director of Finance and Administrative Services Ashley Bertrand, Accounting Analyst MEMO.PDF Adoption Of Resolution 2015 -031 Recognizing National Public Works Week Terry Maurer, Public Works Director MEMO.PDF, ATTACHMENT A.PDF Approval Of PUD Amendment Agreement And CUP Amendment Planning Case 15 -002 - Arden Plaza - Frattallone's Ace Hardware Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF Planning Case 15 -013 Arden Plaza Final PUD - Phase 2 Extension Request Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF Authorization To Appoint Public Works Seasonal Maintenance Worker Sue Iverson, Director of Finance and Administrative Services Amy Dietl, City Clerk MEMO.PDF Accept Public Works Maintenance Worker Resignation and Authorize Advertisement for the Public Works Maintenance Worker Vacancy Sue Iverson, Director of Finance and Administrative Services Amy Dietl, City Clerk MEMO.PDF, ATTACHMENT A.PDF County Road E - Pine Tree Drive Improvements Payment 1 Terry Maurer, Public Works Director 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 TCAAP development.  Please be sure to complete a "Request to Appear  before City Council" form (available at the back table).  Completed forms may be given  to the City Clerk. Rice Creek Commons - TCAAP - Development Discussion Opportunity For Residents Mayor Grant MEMO.PDF NEW BUSINESS Mounds View High School Trail Bids *School District Agreement * New Brighton Agreement Terry Maurer, Public Works Director MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF Presbyterian Homes Request For Conduit Debt Financing Sue Iverson, Director of Finance and Administrative Services MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF UNFINISHED BUSINESS COUNCIL COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Robert Woodburn Regular City Council Agenda May 11, 2015 7:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651 -792 -7800 Website : www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. CALL TO ORDER 1. 2. 3. 3.A. Documents: 3.B. Documents: 3.C. Documents: 4. 4.A. Documents: 5. 5.A. Documents: 5.B. Documents: 5.C. Documents: 5.D. Documents: 5.E. Documents: 5.F. Documents: 5.G. Documents: 6. 7. 7.A. Documents: 8. 8.A. Documents: 8.B. Documents: 9. 10. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALPublic inquiries/informational is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation.STAFF COMMENTSRice Creek Commons -TCAAP -UpdateJill Hutmacher, Community Development DirectorMEMO.PDFJoint Development Authority UpdateJill Hutmacher, Community Development DirectorMEMO.PDFTransportation UpdateTerry Maurer, Public Works DirectorMEMO.PDFAPPROVAL OF MINUTES Draft Minutes - March 30, 2015, Regular City Council 03 -30 -15 -R.PDF CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format.   There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Claims And Payroll Sue Iverson, Director of Finance and Administrative Services Ashley Bertrand, Accounting Analyst MEMO.PDF Adoption Of Resolution 2015 -031 Recognizing National Public Works Week Terry Maurer, Public Works Director MEMO.PDF, ATTACHMENT A.PDF Approval Of PUD Amendment Agreement And CUP Amendment Planning Case 15 -002 - Arden Plaza - Frattallone's Ace Hardware Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF Planning Case 15 -013 Arden Plaza Final PUD - Phase 2 Extension Request Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF Authorization To Appoint Public Works Seasonal Maintenance Worker Sue Iverson, Director of Finance and Administrative Services Amy Dietl, City Clerk MEMO.PDF Accept Public Works Maintenance Worker Resignation and Authorize Advertisement for the Public Works Maintenance Worker Vacancy Sue Iverson, Director of Finance and Administrative Services Amy Dietl, City Clerk MEMO.PDF, ATTACHMENT A.PDF County Road E - Pine Tree Drive Improvements Payment 1 Terry Maurer, Public Works Director 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 TCAAP development.  Please be sure to complete a "Request to Appear  before City Council" form (available at the back table).  Completed forms may be given  to the City Clerk. Rice Creek Commons - TCAAP - Development Discussion Opportunity For Residents Mayor Grant MEMO.PDF NEW BUSINESS Mounds View High School Trail Bids *School District Agreement * New Brighton Agreement Terry Maurer, Public Works Director MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF Presbyterian Homes Request For Conduit Debt Financing Sue Iverson, Director of Finance and Administrative Services MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF UNFINISHED BUSINESS COUNCIL COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungRobert Woodburn Regular City Council Agenda May 11, 20157:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.2.3.3.A.Documents:3.B.Documents:3.C.Documents:4. 4.A. Documents: 5. 5.A. Documents: 5.B. Documents: 5.C. Documents: 5.D. Documents: 5.E. Documents: 5.F. Documents: 5.G. Documents: 6. 7. 7.A. Documents: 8. 8.A. Documents: 8.B. Documents: 9. 10. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALPublic inquiries/informational is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation.STAFF COMMENTSRice Creek Commons -TCAAP -UpdateJill Hutmacher, Community Development DirectorMEMO.PDFJoint Development Authority UpdateJill Hutmacher, Community Development DirectorMEMO.PDFTransportation UpdateTerry Maurer, Public Works DirectorMEMO.PDFAPPROVAL OF MINUTESDraft Minutes - March 30, 2015, Regular City Council03-30 -15 -R.PDFCONSENT CALENDARThose items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format.  There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda.Claims And PayrollSue Iverson, Director of Finance and Administrative ServicesAshley Bertrand, Accounting AnalystMEMO.PDFAdoption Of Resolution 2015 -031 Recognizing National Public Works WeekTerry Maurer, Public Works DirectorMEMO.PDF, ATTACHMENT A.PDFApproval Of PUD Amendment Agreement And CUP Amendment Planning Case 15 -002 - Arden Plaza - Frattallone's Ace HardwareMatthew Bachler, Associate PlannerMEMO.PDF, ATTACHMENT A.PDFPlanning Case 15 -013 Arden Plaza Final PUD - Phase 2 Extension RequestMatthew Bachler, Associate PlannerMEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDFAuthorization To Appoint Public Works Seasonal Maintenance WorkerSue Iverson, Director of Finance and Administrative ServicesAmy Dietl, City ClerkMEMO.PDFAccept Public Works Maintenance Worker Resignationand Authorize Advertisement for the Public Works Maintenance Worker VacancySue Iverson, Director of Finance and Administrative ServicesAmy Dietl, City ClerkMEMO.PDF, ATTACHMENT A.PDF County Road E - Pine Tree Drive Improvements Payment 1 Terry Maurer, Public Works Director 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 TCAAP development.  Please be sure to complete a "Request to Appear  before City Council" form (available at the back table).  Completed forms may be given  to the City Clerk. Rice Creek Commons - TCAAP - Development Discussion Opportunity For Residents Mayor Grant MEMO.PDF NEW BUSINESS Mounds View High School Trail Bids *School District Agreement * New Brighton Agreement Terry Maurer, Public Works Director MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF Presbyterian Homes Request For Conduit Debt Financing Sue Iverson, Director of Finance and Administrative Services MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF UNFINISHED BUSINESS COUNCIL COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungRobert Woodburn Regular City Council Agenda May 11, 20157:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.2.3.3.A.Documents:3.B.Documents:3.C.Documents:4.4.A.Documents:5.5.A.Documents:5.B.Documents:5.C.Documents:5.D.Documents:5.E.Documents:5.F.Documents: 5.G. Documents: 6. 7. 7.A. Documents: 8. 8.A. Documents: 8.B. Documents: 9. 10. Page 1 of 1 DATE: May 11, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Jill Hutmacher, Community Development Director SUBJECT: Rice Creek Commons (TCAAP) Update The City Council continues to discuss the draft TCAAP Redevelopment Plan (TRC). STAFF COMMENTS – 3A MEMORANDUM Page 1 of 1 DATE: May 11, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Jill Hutmacher, Community Development Director SUBJECT: Joint Development Authority Update The TCAAP Joint Development Authority meeting scheduled for Monday, May 4, 2015, was cancelled. STAFF COMMENTS – 3B MEMORANDUM Page 1 of 1 DATE: May 11, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Terry Maurer, Public Works Director SUBJECT: Transportation Update Background A brief oral update will be provided at the meeting regarding road construction/transportation in the City of Arden Hills. STAFF COMMENTS – 3B MEMORANDUM Approved: CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MARCH 30, 2015 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung, and Robert Woodburn Absent: None Also present: City Administrator Patrick Klaers; Director of Finance and Administrative Services Sue Iverson; Public Works Director Terry Maurer; Assistant City Engineer John Anderson; Community Development Director Jill Hutmacher; City Planner Ryan Streff; Associate Planner Matthew Bachler; City Attorney Joel Jamnik; and City Clerk Amy Dietl PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Holden requested Item 3A under Staff Comments be referred to as TCAAP as well. Mayor Grant requested Item 5J be removed from the agenda as this staffing request was not reviewed by the Personnel Committee. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. STAFF COMMENTS ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 2 A. Rice Creek Commons (TCAAP) Update Community Development Director Hutmacher stated Kimley-Horn has completed the first part of the Fit Test. The results were presented to the City Council at a special work session at 5:30 pm on Monday, March 30, 2015. The second part of the Fit Test is tentatively scheduled to be presented to the City Council at a special work session on Monday, April 13. The Energy Integration Resiliency Framework (EIRF) will be presented to the Joint Development Authority at their meeting on Monday, April 6, 2015. 4. APPROVAL OF MINUTES A. February 17, 2015, Special Closed City Council Meeting B. February 17, 2015, City Council Work Session C. February 23, 2015, Special City Council Work Session MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the February 17, 2015, special closed City Council meeting minutes; the February 17, 2015, City Council work session minutes; and February 23, 2015, special City Council work session minutes as presented. The motion carried unanimously (5-0). 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve NSCC Joint and Cooperative Agreement C. Motion to Approve Purchase of Residential Recycling Carts – Resolution 2015- 023 D. Motion to Approve EDC Appointments E. Motion to Approve Proposed Revision to 2015 Fee Schedule F. Motion to Approve of Development Agreement and CUP – PC 14-036 Red Fox Business Center G. Motion to Approve PUD Amendment Agreement - PC 15-001 Boston Scientific H. Motion to Approve PC 15-003 Site Plan Review and Variance – CSM Properties I. Motion to Approve Lexington Avenue and CRF – No Parking Resolution J. Motion to Approve Advertisement for Office Support Vacancy K. Motion to Authorize City Staff to Begin Summer Work Hours Michael Hands, EDC Appointee, introduced himself to the Council noting he was a recent graduate of Bethel University. Kyle Lassen, EDC Appointee, introduced himself to the Council and noted he lives near Lake Johanna. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the Consent Calendar as amended removing Item 5J and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 3 6. PULLED CONSENT ITEMS None. 7. PUBLIC HEARINGS A. Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Director of Finance and Administrative Services Iverson reviewed the delinquent utility assessment roll dated February of 2015. She recommended that the homeowners with outstanding delinquencies as of March 20th (plus an 8% penalty) be certified with Ramsey County to the homeowner’s property taxes. Staff asked that the Council hold a public hearing, take comments from the public and adopt a Resolution certifying the list of delinquent utility accounts to Ramsey County. Mayor Grant questioned who received the 8% penalty fee. Director of Finance and Administrative Services Iverson reported the City received this fee. Mayor Grant opened the public hearing at 7:11 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:12 p.m. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to adopt Resolution #2015-025, Certifying the list of delinquent utility accounts to Ramsey County. The motion carried (5-0). B. Approval of Transfer of Great China Liquor License City Clerk Dietl stated Lhasa Café LLC, dba Great China, has requested to transfer its on-sale wine and Sunday liquor license due to new ownership of the restaurant. The new owners (Tenzin Wangyaz, Jampa Tender, and Sangya Dhondup) officially closed on the purchase of Great China, located at 3547 Lexington Avenue North, on March 13, 2015. City Clerk Dietl reported that staff was in receipt of all the necessary paperwork and associated fees, and background checks have been successfully completed by the Ramsey County Sheriff’s Office. In addition to holding a public hearing tonight, the on-sale wine and Sunday liquor license application is also being presented for approval. All required information will be submitted to the Minnesota Department of Public Safety Alcohol & Gambling Enforcement upon approval of the license by the City Council. Mayor Grant opened the public hearing at 7:13 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:14 p.m. ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 4 MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the transfer of an on-sale wine and Sunday liquor license to Great China, located at 3547 Lexington Avenue North, Arden Hills , Minnesota. The motion carried (5-0). 8. NEW BUSINESS A. PC 15-004 Preliminary and Final Plat, Rezoning and Comp Plan Amendment City Planner Streff stated that Landmark of Arden Hills has a purchase agreement with Bethel University for approximately 4.77 acres of land consisting of two contiguous parcels at 1941 and 1901 County Road E2. The property at 1941 County Road E2 is the site of the former Ramsey County library, which closed in December of 2010. The Minnesota Baptist Conference occupied the facility at 1901 County Road E2 for a number of years beginning in the early 1970s, but this structure is also currently vacant. The applicant is requesting approval for a project that would result in the redevelopment of both properties for seven (7) single-family homes. City Planner Streff reported that the property at 1941 County Road E2 is zoned R-1 Single Family Residential and is guided for Public Institutional uses in the City’s 2030 Comprehensive Plan. The adjacent property at 1901 County Road E2 is now zoned N-B Neighborhood Business and is also guided for Neighborhood Business uses in the Comprehensive Plan. The site is bordered to the north and east by a system of wetlands within Tony Schmidt Regional Park, managed by Ramsey County. Generally, the topography of the properties is relatively flat around where the existing structures are located, but slopes down more significantly along the northern and eastern edges of the site. Small wetland areas are present in the far northeast and southeast corners of the site and are currently protected by easements held by the Rice Creek Watershed District. The Ramsey County Parks and Recreation Department has a sixty-eight (68) foot wide easement across the western portion of the 1941 County Road E2 property for the purpose of a future trail connection through the wetland complex in Tony Schmidt Regional Park. City Planner Streff indicated that the site is approximately 4.77 gross acres in size and located near the intersection of New Brighton Road and County Road E2 and bordered by Tony Schmidt Regional Park to the north. The site is comprised of two contiguous parcels, both of which have existing structures on them that would be demolished as part of the project. Three separate driveways on County Road E2 currently provide access to the properties. After accounting for the right-of-way area that extends into County Road E2 and the flood plain/wetlands areas located on the site, 4.54 acres of net buildable area exists on the site. The applicant is requesting approval to subdivide the site into seven (7) single-family lots. In this case, the applicant is proposing four (4) driveways from County Road E2 in order to provide access to the residential lots. Limiting driveways from County Road E2 is accomplished by incorporating shared access from the County roadway for six of the proposed lots. The plans indicate that every other property would share an access with the neighboring property, except the easternmost lot would have its own individual access from County Road E2. City Planner Streff stated that in addition to the Preliminary & Final Plat for the subdivision, a rezoning and Comprehensive Plan amendment are being requested. Both properties would be rezoned to the R-2 Single and Two Family Residential District. In order to rezone the properties, ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 5 the City’s 2030 Comprehensive Plan needs to be amended to reflect the new Very Low Density Residential land use for the site. City Planner Streff commented that Planning Case 15-004 includes three (3) requests: 1. Preliminary & Final Plat. 2. Rezoning to amend the zoning designation for 1941 County Road E2 and 1901 County Road E2 to R-2 Single and Two Family Residential District. 3. Comprehensive Plan Amendment to amend the 2030 Future Land Use Map to classify 1941 and 1901 County Road E2 as Very Low Density Residential land use. City Planner Streff reviewed the Plan Evaluation, Zoning Regulations and Traffic Study in detail with the Council. City Planner Streff explained that the Planning Commission reviewed Planning Case 15-004 at their regular meeting on March 4, 2015. The Planning Commission offers the following findings of fact for consideration: General Findings: 1. The proposed Valentine Bluff subdivision is comprised of 4.77 acres. 2. The proposed Valentine Bluff subdivision property located at 1941 County Road E2 is currently zoned R-1 Single Family Residential and the property located at 1901 County Road E2 is currently zoned N-B Neighborhood Business. 3. The Valentine Bluff subdivision is proposed as R-2 Single & Two Family Residential. 4. The R-2 Single & Two Family Residential District permits up to five (5) units per acre. 5. The proposed Valentine Bluff development is proposed at 1.54 units per acre. 6. The Valentine Bluff subdivision property currently has the land use designations of Public & Institutional and Neighborhood Business in the City’s 2030 Comprehensive Plan. 7. The applicant is proposing to re-plat the property into seven (7) single-family lots. 8. The applicant is proposing to construct seven (7) single-family homes. 9. No new streets will be constructed as a result of this development. 10. The proposed development requires park dedication. 11. The park dedication requirement for this application is six percent of the land in dedication or a fee of six percent of the purchased price or some combination thereof. The current purchase agreement between Landmark of Arden Hills, LLC (Developer/Purchaser), and Bethel University (Owner/Seller) indicates a purchase price of $856,000 for the two properties. Based on the purchase price the park dedication if paid in a fee would be $51,360. 12. As currently designed the proposed plan is not in conformance with the City’s 2030 Comprehensive Plan in regards to the land use classifications; the property at 1941 County Road E2 is guided for Public & Institutional and the property at 1901 County Road E2 is guided for Neighborhood Business. 13. The development plan would require that both properties be re-zoned to R-2 Single & Two Family Residential District and designated in the Comprehensive Plan as Very Low Density Residential. ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 6 Comprehensive Plan Amendment Findings: 14. The applicant is proposing to amend the City’s Comprehensive Plan to re-designate the land use classifications at 1941 & 1901 County Road E2 to Very Low Density Residential in order to permit a density of 1.5 to 3 units per net acre. 15. The development will built at approximately 1.54 units per acre. 16. The proposed land use designation of Very Low Density Residential would be compatible with the adjacent land uses. 17. The proposed redevelopment is a permitted use in the R-2 Residential District. 18. The proposed CPA would advance the City’s goal to promote the development properties that are in keeping with the character of existing and established neighborhoods within the City. 19. The City staff has been in contact with the staff at the Metropolitan Council regarding the proposed development and they have indicated their support for the proposed CPA. City Planner Streff explained the findings of fact for the Preliminary & Final Plat, Rezoning, and Comprehensive Plan Amendment support approval. However, if the City Council chooses to deny the application, the Findings of Fact would need to be amended to reflect the reasons for the denial. The Planning Commission reviewed Planning Case 15-004 and unanimously recommends approval (7-0) of the Preliminary & Final Plat, Rezoning, and Comprehensive Plan Amendment for the Valentine Bluff redevelopment project located at 1941 & 1901 County Road E2, based on the findings of fact and the submitted plans as presented in the March 30, 2015, Report to the City Council, as amended by the following nineteen (19) conditions: 1. That the project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. That the execution of the Final Plat shall be contingent upon the Metropolitan Council’s approval of the Comprehensive Plan Amendment. 3. That the development agreement shall be prepared by the City Attorney and subject to City Council approval. The development agreement shall be executed prior to execution of the Final Plat. 4. That the Developer shall submit a park dedication, subject to the approval of the City Council, equal to six percent ($51,360) of the total land area, which is currently under a purchase agreement for $856,000. The City shall use the park dedication to expand the City’s parks, trails, and recreation system. 5. That the Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of site improvements including grading, utilities, retaining walls, stormwater filtration systems, and driveway openings, prior to the issuance of a building permit. The financial surety shall be in the form of a letter of credit issued by a FDIC - insured Minnesota bank, and be in a form acceptable to the City. The purpose of the letter of credit is to ensure that site improvements are completed in the event that the developer defaults on the Development Agreement. 6. That the Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of site improvements including grading, utilities, retaining walls, stormwater filtration systems, and driveway openings, prior to the issuance of a building ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 7 permit. The escrow will be used for City costs related to review, approval, and inspection of site improvements or any costs incurred by the City in the event of a developer default. 7. That the Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of a building permit. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank. The purpose of the letter of credit is to ensure that landscaping is completed in the event that the developer defaults on the Development Agreement. The City will hold the letter of credit for two years after the installation of landscaping. The letter of credit should not expire during the two-year period. 8. That the Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of landscaping prior to the issuance of a building permit. The escrow will be held by the City for two years after installation of landscaping and used for City costs related to review, approval, and inspection of landscaping, or developer default. 9. That the proposed project may require permits, including, but not limited to, MPCA- NPDES, Rice Creek Watershed District, Minnesota Department of Health, MPCA- Sanitary Sewer Extension, Ramsey County and City Right of Way, and City Grading and Erosion Control permits. Copies of all issued permits shall be provided to the City prior to the issuance of any building permits. 10. That the final plans shall be subject to approval by the Fire Marshal prior to the issuance of a building permit. 11. That the final grading, drainage, and utility plans shall be subject to approval by the City Engineer prior to the commencement of any construction on the site. 12. That upon completion of grading and utility work on the site, a grading as-built and utility as-built shall be provided to the City for review. 13. Sanitary sewer and water shall be accepted by the City and ready for hookup prior to the issuance of any building permits. 14. That the application shall be required to meet the requirements as outlined in the memo from the City Engineer dated 2/19/15. 15. That all landscaping materials shall be put in place as the approved grading plan is completed with the exception of the required three front yard trees, which shall be the responsibility of the applicant to install at the time each house is constructed. 16. That the maintenance agreement between the RCWD and the developer for the stormwater filtration system shall be provided to the City before the issuance of any development permit. 17. That the RCWD Easements on Lot 7 shall be revised to reflect the flood plain limits or provided in writing to indicated that an encroachment is permitted into the easements held by the RCWD. The easement revision or encroachment permit shall be provided to the City and approved by the City Attorney prior to the execution of the final plat. 18. Driveway easements providing for cross access and maintenance agreements shall be submitted to the City and approved by the City Attorney and recorded by the Developer prior to the execution of the final plat. 19. The applicant shall conform to all other City regulations. Mayor Grant thanked City Planner Streff for his report and asked if the Council had any questions. ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 8 Councilmember Holden asked if staff was recommending to remove Condition 19 as stated within the Planning Commission staff report. City Planner Streff commented that based on staff’s discussion, SRF is recommending that the driveway be aligned with New Brighton Road. However, the Planning Commission removed this condition. Public Works Director explained that Condition 19 from the Planning Commission report was SRF’s recommendation after completing the traffic study. However, after Ramsey County reviewed the proposed development, they were willing to issue permits for the driveways as requested. Ramsey County did not believe that the driveways would be an issue based on the limited number of trips coming to and from the driveways. City Planner Streff stated that the developers are requesting to build a model home with this project and staff supports this request. Councilmember McClung requested staff repeat the recommendation. City Planner Streff explained that the motion for approval should include allowing the applicant to build a model home on site before all development permits have been issued. Councilmember Holmes inquired if the property had a Ramsey County easement. City Planner Streff noted that the property had an existing 68 foot easement with Ramsey County. This easement was to provide future trail access to Tony Schmidt Regional Park. Councilmember Holden questioned if a building permit would be issued for the model home. City Planner Streff stated this was the case, the City would issue a building permit. Councilmember Holden inquired if there was a way to tie the proposed housing development to the requested zoning change. City Attorney Jamnik explained this was not effectively possible. He commented that the site would have to be rezoned by the Council if the proposed development was not constructed. Councilmember Holden asked the maximum number of homes that could be built on the site for the R-2 zoning district. City Planner Streff indicated 5 units per acre would be allowed, which would mean 20 units could be built on the proposed site. He provided further comment on the types of structures that were allowed in the R-1 and R-2 zoning districts. MOTION: Councilmember Woodburn moved and Mayor Grant seconded a motion to approve the Valentine Bluff redevelopment project in Planning Case 15-004 for a Preliminary & Final Plat, Rezoning, and Comprehensive Plan Amendment in order to subdivide the two (2) parcels of property into seven ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 9 (7) single-family lots at 1941 & 1901 County Road E2, based on the findings of fact, submitted plans, and the nineteen (19) conditions approved by the Planning Commission in the March 30, 2015, Report to the City Council. Dean Hanson, Hanson Builders, introduced himself and his company to the City Council. He commented that his company has been in business for the past 35 years and that he constructs approximately 75 upscale custom homes each year. He provided comment on the neighborhoods he has constructed throughout the metro area. He believed he was proposing a special development with signature homes that would range in price from $750,000-950,000. He anticipated that the total build out would take approximately 18 months. Mr. Hanson reported that he had a purchase agreement for the site with Bethel University. He discussed the lot size and noted all seven lots conformed with Arden Hills’ requirements. He stated that of the 98 significant trees on the site, 67 of them would be saved. He reported that each lot would also be irrigated and well landscaped. He explained how the hard surface would be reduced on the site, which would improve the water quality for the area. He explained how each home would be highly energy efficient and be well landscaped. He noted the HERS score on his homes ranged from 46 to 56. He requested that the Council allow him to construct a model home prior to receiving all development permits. Councilmember Holden requested further comment on the shared driveways. Mr. Hanson discussed the site plan alignment in further detail with the Council. He noted that each driveway was mostly independent and only 12 feet of the entrance would be shared. Mayor Grant questioned what the model home would look like. Mr. Hanson provided a visual for the model home and discussed the typical designs for his custom homes. Mayor Grant asked how staff would suggest the conditions for approval be amended to allow for the construction of a model home. City Attorney Jamnik recommended that Condition 13 be revised to read: Sanitary sewer and water shall be accepted by the City and ready for hookup prior to the issuance of any building permits. To allow construction of model home prior to final testing and acceptance of the sewer and water, at sole right of developer and on the condition of occupancy permit prior to full utility services. AMENDMENT: Mayor Grant moved and Councilmember McClung seconded a motion to amend Condition 13 to read: Sanitary sewer and water shall be accepted by the City and ready for hookup prior to the issuance of any building permits. To allow construction of model home prior to final testing and acceptance of the sewer and water, at sole right of developer and on the condition of occupancy permit prior to full utility services. ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 10 Mayor Grant supported allowing the developer to construct a model home. Mr. Hanson added that the model home would allow potential buyers to see the vision for the proposed custom built neighborhood. The amendment carried (5-0). The amended motion carried (5-0). 9. UNFINISHED BUSINESS A. Approval of PC 15-002 Preliminary and Final Plat and Master PUD Amendment – Arden Plaza Associate Planner Bachler explained that the City Council reviewed Planning Case 15-002 for a Preliminary Plat, Planned Unit Development Amendment (PUD), and Conditional Use Permit (CUP) Amendment for the Arden Plaza retail center at their Regular Meeting on February 23, 2015. The Council voted to table this request to allow the applicant time to provide the City with information on the business plan for the Frattallone’s Ace Hardware Store and to address alternative options for exterior storage and seasonal outdoor displays on the property. Associate Planner Bachler reported that at the Work Session on March 16, 2015, the City Council reviewed a proposed Garden Center/Outdoor Seasonal Sales Display Site Plan submitted by Frattallone’s Ace Hardware. The Site Plan addressed the proposed location of exterior storage, outdoor displays and sales, and trash and recycling collection on the property. Staff has since met with the applicant to discuss the feedback provided at the Work Session and has determined that additional time is needed to further refine the garden center Site Plan prior to City Council consideration. However, the applicant desires to proceed with other aspects of the application in order to facilitate a pending land sale for a new business. Associate Planner Bachler indicated that after reviewing the applicant’s request, staff is recommending that the City Council take separate action tonight on the components of Planning Case 15-002 not pertaining to the proposed Frattallone’s outdoor seasonal sales area. These components include the Preliminary Plat for the Arden Plaza subdivision and the PUD Amendment, which would account for the subdivision, increase the footprint for Building #4, and modify the parking lot at the north and south end of the retail center. Approval of these parts of the application would allow the pending sale by Wellington Management of the proposed Lot 1, Arden Plaza 2nd Addition, which will otherwise be delayed until approval of the subdivision plans. Associate Planner Bachler stated that consideration of the remaining requests in Planning Case 15-002 relating to the expansion of the Frattallone’s outdoor seasonal sales area would be delayed to the April 13, 2015, Regular City Council meeting. At that time, the City Council could consider approval of a PUD Amendment and CUP Amendment for the expanded seasonal sales area. A PUD Amendment is needed as part of the April 13 request due to the parking lot modifications associated with the garden center. ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 11 Associate Planner Bachler stated that the City Attorney has reviewed the course of action being proposed by staff for City Council consideration of Planning Case 15-002 and concurs with the staff recommendation. Associate Planner Bachler commented that the first component of the application is the Preliminary Plat to subdivide Lot 3 within the existing Arden Plaza Plat into three separate parcels. The proposed Final Plat name for the subdivision would be Arden Plaza 2nd Addition. Frattallone’s Ace Hardware, which is a current tenant in the retail center, has approached Wellington Management regarding the purchase of its store and the existing outdoor seasonal sales area. To accommodate this, Lot 3, Arden Plaza 2nd Addition would be created comprised of the Frattallone’s portion of the building, the area now occupied by the seasonal sales area, and related parking and service areas. Associate Planner Bachler indicated that the second lot created by the subdivision, Lot 2, Arden Plaza 2nd Addition, would be comprised of the remaining retail center, the primary parking area, access drives on County Road E and Lexington Avenue, and the stormwater pond at the southeast corner of the site. The lot line between the retail center on Lot 2, Arden Plaza 2nd Addition and the Frattallone’s Ace Hardware store on Lot 3, Arden Plaza 2nd Addition would be defined by a demising wall, which is a common wall used by separate real estate entities erected on a line dividing two parcels of land. The City Building Official has been working with the property owner on the specifications of the demising wall and building permits will be required prior to construction. Approval of the Final Plat will be conditioned on the issuance of a Certificate of Occupancy for the proposed remodeling work. The Final Plat will be brought back to the City Council for approval once the Certificate of Occupancy has been issued. Associate Planner Bachler explained that the third lot, Lot 1, Arden Plaza 2nd Addition, is located on Lexington Avenue and would include the future Building #4, which is proposed to be constructed in Phase III of the redevelopment. The proposed footprint of Building #4 has increased from the approved Master PUD. The submitted master site plan indicates that this building would be 20,136 square feet in size, an increase of 2,136 square feet from the 2009 PUD approval. Associate Planner Bachler reported Wellington Management is requesting an amendment to the Master PUD to address the following four items: 1. Account for the subdivision of Lot 3 within the existing Arden Plaza Plat into three separate lots. 2. Allow for the creation of a non-conforming parcel (Lot 3, Arden Plaza 2nd Addition) that does not have frontage on a public street. 3. Increase the size of Building #4 on the proposed Lot 1, Arden Plaza 2nd Addition from 18,000 square feet, as approved in Planning Case 09-011, to 20,136 square feet. 4. Modify the parking lot layout in the Master Site Plan to retain 12 existing parking stalls at the north end of the retail center and accurately account for the outdoor seasonal sales area footprint approved in Planning Case 97-009. Associate Planner Bachler reviewed the Plan Evaluation in detail with the Council. ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 12 Associate Planner Bachler indicated that the Planning Commission reviewed Planning Case 15- 002 at their regular meeting on February 4, 2015. The Planning Commission offers the following findings of fact for consideration: Subdivision Findings 1. The applicant has requested approval of a Preliminary and Final Plat for the property at 3527-3557 Lexington Avenue North. 2. The subdivision would create three new parcels: Lot 1, Lot 2, and Lot 3, Arden Plaza 2nd Addition. 3. The proposed Lot 1, Arden Plaza 2nd Addition and Lot 2, Arden Plaza 2nd Addition are in conformance with the Subdivision Ordinance in Chapter 11 of the Arden Hills City Code. 4. The proposed Lot 3, Arden Plaza 2nd Addition is not in conformance with the Subdivision Ordinance in Chapter 11 of the Arden Hills City Code because it is an interior parcel with no frontage on a publicly dedicated street. 5. The proposed Lot 3, Arden Plaza 2nd Addition is entitled to access and parking under an existing Reciprocal Easement Agreement (Doc. No. 2156888) that has been recorded against the property with Ramsey County. 6. The applicant has requested flexibility through the PUD Amendment process for the proposed nonconforming Lot 3, Arden Plaza 2nd Addition. PUD Amendment Findings 7. The applicant is requesting approval of an amendment to the Master PUD for the Arden Plaza property. 8. The original Master PUD for the development was approved in Planning Case #09-011. A subsequent PUD Amendment was approved in Planning Case #11-016. 9. The PUD Amendment is being requested in order to accommodate the proposed subdivision, to increase the size of Building #4 to be constructed in Phase III, and to allow for minor modifications to the existing parking lot. 10. The PUD process allows for flexibility within the City’s regulations through a negotiated process with a developer. 11. The Arden Plaza development is located in the B-2 General Business District. 12. The City has adopted the Guiding Plan for the B-2 District that outlines future development principles for the area. 13. The City has adopted Design Standards for the B-2 District within the Zoning Code. 14. The Master PUD Amendment is in substantial conformance with the requirements of the City’s Zoning Code. 15. The Master PUD Amendment is in substantial conformance with the Guiding Plan for the B-2 District. 16. The Master PUD Amendment is in substantial conformance with the City’s Comprehensive Plan. 17. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Associate Planner Bachler explained that the Planning Commission recommended approval (4- 2, Zimmerman and Bartel) of Planning Case 15-002 for a Preliminary Plat, Planned Unit Development Amendment, and Conditional Use Permit Amendment at 3527-3557 Lexington Avenue North. The Planning Commission recommended that the twelve (12) conditions within ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 13 the staff report to the City Council be included in an approval of the Preliminary Plat and PUD Amendment requests specifically. Associate Planner Bachler reported that the Planning Commission recommended an additional ten (10) conditions pertaining to the Conditional Use Permit Amendment for the proposed expanded outdoor seasonal sales area. These conditions would be presented and considered separately by the City Council at the meeting on April 13, 2015. Associate Planner Bachler reviewed the twelve (12) conditions recommended by the Planning Commission: 1. Prior to City Council review of Planning Case 15-002, the issue regarding the design and location of the demising wall between Lot 2, Arden Plaza 2nd Addition and Lot 3, Arden Plaza 2nd Addition shall be resolved to the satisfaction of the Building Official and Fire Marshal. 2. The applicant shall continue to abide by the conditions of all previous Master PUD Agreements, permits, and reviews, except as hereinafter amended. 3. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review by the Planning Commission and approval by the City Council. 4. A Development Agreement Amendment shall be prepared by the City Attorney and subject to City Council approval. The agreement shall be executed by all parties within the Arden Plaza development prior to the issuance of any building or development permits. 5. The final construction plans for the demising wall between the Frattallone’s Hardware store and the remainder of the Arden Plaza retail building shall meet the standards as outlined by the City Building Official in the memo dated January 29, 2015. 6. The execution of the Final Plat shall be conditioned on the demising wall construction between the Frattallone’s Hardware store and the remainder of the Arden Plaza retail building receiving final approval from the City Building Official. 7. Prior to the execution of the Final Plat, a copy of the supplemental declaration between Frattallone’s Hardware and Arden Plaza, LLC addressing the issues of drainage and driveway maintenance shall be provided to the City. 8. Prior to the execution of the Final Plat, a copy of an agreement addressing the Sewer and Water services provided to Lot 3, Arden Plaza 2nd Addition through the building on Lot 2, Arden Plaza 2nd Addition shall be provided to the City. 9. Prior to the execution of the Final Plat, a copy of an agreement addressing the operation, maintenance, and ownership of all sanitary sewer, water, and storm sewer within the development, and the process by which future land use applications will be submitted to the City for properties within the development, shall be provided to the City. 10. The applicant shall file the Final Plat with Ramsey County within 180 days of the date of the City’s approval of the Final Plat. An extension request must be submitted in writing to the City at least forty-five (45) days prior to the expiration date. 11. The City currently holds a Letter of Credit (American Bank Letter of Credit No. 2527) for the patching and seal coating of the parking lot next to the Frattallone’s Hardware store. This work shall be completed by September 30, 2015 or the LOC maturity date shall be extended. ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 14 12. The applicant shall construct the main parking area and landscaping improvements previously planned for Phase I prior to the issuance of a Certificate of Occupancy for either Building #2 or Building #4. Mayor Grant thanked Associate Planner Bachler for his report and asked if the Council had any questions. Councilmember Holden requested further information on signage. Associate Planner Bachler noted that there was a Master Sign Plan that was approved in the original PUD in 2009, which included two monument signs. He reported that no additional monument signs would be allowed unless a PUD Amendment was approved. Councilmember McClung requested clarification on what was being requested. Associate Planner Bachler stated that a Preliminary Plat and PUD Amendment were being requested. He reported that no action regarding the Frattallone’s garden center would be taken this evening. Councilmember Holden questioned if there were 440 parking spaces on the site plan. Associate Planner Bachler explained that the Planning Commission has recommended that before a certificate of occupancy is issued for Building #2 or #4 that Wellington Management complete the parking improvements as shown on the Master Site Plan. This would require Wellington Management to install additional parking spaces in front of Arden Plaza. He provided further comment on the phasing of the development and how this would impact parking. Councilmember McClung indicated the Council received an email regarding a pending land sale within this development. He questioned which lot had a pending sale. City Administrator Klaers stated there was a pending sale on the proposed Lot 1. Councilmember Woodburn asked if the proposed parking in front of the retail center would be approved by the Fire Marshal and suggested this area be set aside for a parking lane. Associate Planner Bachler reported that the parking plan had been reviewed and approved by the Lake Johanna Fire Department. Councilmember Holmes expressed concern with the parking lot and asked if the entire site would develop with retail. Associate Planner Bachler provided comment on the City’s parking requirements. He commented that the parking requirements would be more closely examined as Phase 2 and 3 are completed in the future. Councilmember Holden wanted to see the parking lot full as this would mean the development was successful. She discussed how the shared parking would be divided out by each of the ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 15 businesses and noted parking times may vary depending on business hours. She questioned why the Council should consider approval of the plat when the site was not currently in compliance with the B-2 design regulations. Associate Planner Bachler reported that properties in the B-2 District are only required to comply with these new design regulations if requesting a significant change to a building or site. City Attorney Jamnik noted that the City could not require existing businesses in the B-2 district to adhere to the recently approved design regulations, but these guidelines would be followed by all new plats and site redevelopments. Councilmember Woodburn believed that the empty and half empty pallets behind the Frattallone’s building should be addressed. He thought that the south side of Lot 3 should be cleaned up. He questioned if the applicant supported action on this item being delayed until April 13th. City Attorney Jamnik stated that the delay was requested by the applicant. Associate Planner Bachler explained that Tom Frattallone was out of town this week and therefore could not attend this evening’s meeting to address the Council’s questions. Mayor Grant questioned who would be completing the demising wall. Community Development Director Hutmacher discussed the condition surrounding the demising wall. Councilmember Holden asked what Wellington Management could do to address the unsightly mess behind the Frattallone’s building. David Bergstrom, Wellington Management, explained that he was addressing this concern with Frattallone’s and understood this was part of building management. He stated that additional language may have to be added to the lease in order for the rear of the building to remain sightly. Councilmember Holden questioned if the City had a fine system in place. City Administrator Klaers reported that the City does not have a fine system in place. Mr. Bergstrom did not believe that he needed to be fined. He commented that he would bring this concern back to his management in order to ensure that the rear of the building was kept in better order. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to approve Planning Case 15-002 for a Preliminary Plat and Planned Unit Development Amendment at 3527-3557 Lexington Avenue North, based on the findings of fact and submitted plans, as amended by the twelve (12) conditions in the March 30, 2015, Report to the City Council. The motion carried (5-0). ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 16 MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to continue consideration of Planning Case 15-002 for a Planned Unit Development Amendment and Conditional Use Permit Amendment at 3527- 3557 Lexington Avenue North to the April 13, 2015, Regular City Council meeting. The motion carried (5-0). B. Order Assessment Hearings for Venus/Crystal Area PMP and for the Grant/Noble/Lake Lane Area PMP Assistant City Engineer Anderson explained as per Council direction, bids were opened on Thursday, March 19, 2015 for both 2015 Pavement Management Program (PMP) projects: Venus/Crystal Neighborhood and Grant/Noble/Lake Lane Neighborhood. There were a total of 8 bids received. The following list provides the bidder’s name and their total bid. Valley Paving, Inc. $3,911,980.18 Astech Corporation $4,236,436.72 Palda & Sons, Inc. $4,309,867.43 Park Construction Co. $4,339,078.97 Northwest Asphalt, Inc. $4,536,575.67 T.A. Schifsky & Sons, Inc. $4,758,548.31 Redstone Construction $4,972,862.29 Meyer Contracting, Inc. $5,323,532.06 Assistant City Engineer Anderson stated the low bid of $3,911,980.18 received from Valley Paving Inc. compares favorably with construction cost estimates from both of the Feasibility Reports which is a total of $4,181,300. Further analysis of the low bid; adding overhead according to the City’s Assessment Policy and dividing it into the cost for the two specific neighborhoods results in the following total project costs:  $3,719,403.67 Total Project Cost for the Venus/Crystal Neighborhood  $1,493,126.36 Total Project Cost for the Grant/Noble/Lake Lane Neighborhood Assistant City Engineer Anderson reported each of these total project costs were then analyzed for the assessable cost which as described in the City’s Assessment Policy is half of the street project cost. The results of this analysis is as follows:  Venus/Crystal Neighborhood Assessment Rate of $8,614.27 per unit as compared to the Feasibility Report estimate of $11,450.  Grant/Noble/Lake Lane Neighborhood Assessment Rate of $5,563.07 per unit as compared to the Feasibility Report estimate of $6,600. Assistant City Engineer Anderson indicated in order to move both of these projects forward, it would be appropriate for the Council to consider adopting Resolution 2015-015 which declares the Cost to be Assessed and Orders the Preparation of the Assessment Roll. The second, Resolution 2015-016 Sets the Date for the Assessment Hearing as April 27, 2015 for the Venus/Crystal Neighborhood. The next two Resolutions do the same for the Grant/Noble/Lake ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 17 Lane Neighborhood with the Hearing date of May 4, 2015. Staff recommends adoption of all four Resolutions. Assistant City Engineer Anderson noted that in discussions with City Attorney Joel Jamnik it was his suggestion to hold the two Assessment Hearings on separate nights due to the difference in proposed assessment rates. In order to get the project to construction as early as possible staff is suggesting a special Council meeting on May 4th after the regularly scheduled JDA meeting for the Grant/Noble/Lake Lane Assessment hearing. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adopt Resolution #2015-015 – Declaring Cost to be Assessed and Ordering the Preparation of the Assessment Roll for the 2015 PMP – Venus Crystal Neighborhood. The motion carried (5-0). MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to adopt Resolution #2015-016 – Setting the Date for the Assessment Hearing for the 2015 PMP – Venus/Crystal Neighborhood on Monday, April 27, 2015. The motion carried (5-0). MOTION: Councilmember Holden moved and Councilmember Woodburn seconded a motion to adopt Resolution #2015-017 – Declaring Cost to be Assessed and Ordering the Preparation of the Assessment Roll for the 2015 PMP – Grant/Noble/Lake Lane Neighborhood. The motion carried (5-0). MOTION: Councilmember Holden moved and Councilmember Woodburn seconded a motion to adopt Resolution #2015-018 – Setting the Date for the Assessment Hearing for the 2015 PMP – Grant/Noble/Lake Lane Neighborhood on Monday May 4, 2015. The motion carried (5-0). 10. COUNCIL COMMENTS Mayor Grant discussed how the April 13th bridge closure would impact local businesses. Public Works Director Maurer showed a letter that was sent out by MnDOT to local business owners. He reported that the contractor would be responsible for posting signs noting the dates for the bridge closure. He noted a detour plan was available on MnDOT website. The City’s website has a link to MnDOT’s website. Councilmember Holmes requested the bridge project information be placed on the front page of the City’s website and not on the Public Works page. Councilmember Holden recommended that residents of Arden Hills and Bethel students also be notified of the bridge closure. Public Works Director Maurer stated he would investigate this further with MnDOT and encourage them to post the signs sooner rather than later. ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 18 Councilmember McClung commented the Ramsey County League of Local Government recently discussed how auto aid may be important this summer due to the bridge closures. Councilmember Holmes asked when County Road F would be reconstructed. Public Works Director Maurer anticipated that this project would begin the end of April or early May. He noted that the City would be speaking with the school. He reported that Ken Barnard with MnDOT would be more than happy to speak with school administration. Mayor Grant commented that the County Road H bridge was scheduled to be reconstructed in 2016. He noted that Mounds View had a number of concerns with this project and further discussions would need to be held in order for Mounds View to resolve their concerns. Councilmember Holden requested the flags be removed near E-Street Flats. Community Development Director Hutmacher responded that this would be addressed. Councilmember Holden invited the public to participate in an Easter Egg Hunt on Saturday, April 4th at 10:30 a.m. Councilmember Holden requested staff provide the Council with the updated TRC. Community Development Director Hutmacher replied that would be done. Councilmember Holden reported that the City would be transitioning from recycling bins to carts the week of April 27th to May 1st. Councilmember Holden suggested that the City Council send a letter of congratulations to the Governor of Oregon as she was a former resident of Arden Hills. Councilmember Holden recommended that Staff Comments include the road construction projects during the summer months. Public Works Director Maurer noted that he would begin providing reports to the Council with the “Transportation Update” at regular Council meetings starting in April. Councilmember Holden suggested that the Council refer to Rice Creek Commons as both TCAAP and Rice Creek Commons in order to keep the residents informed as to the name change. Councilmember Holden discussed an article in the Minnesota League magazine regarding residential developments. Councilmember McClung stated April 17th was the last day of the Ramsey County Friends of the Park tree sale. He encouraged residents to participate in this wonderful event. ARDEN HILLS CITY COUNCIL – MARCH 30, 2015 19 ADJOURN MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to adjourn. The motion carried unanimously (5-0). Mayor Grant adjourned the regular City Council meeting at 9:14 p.m. __________________________ __________________________ Amy Dietl David Grant City Clerk Mayor Page 1 of 1 DATE: May 11, 2015 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services, Ashley Bertrand, Accounting Analyst SUBJECT: Claims & Payroll Requested Action: 1. Motion to Approve Consent Agenda Item – Claims and Payroll Supporting Documents: Payroll 2015 Payroll #10 .................................................................................... $ 104,871.68 Total Payroll $ 104,871.68 Accounts Payable Claims Through 05/08/2015 Paid Claims (Check No 44632-Check No 44664) ................................. $ 43,353.31 Paid Claims (Check No 44665-Check No 44668) ................................. $ 350,810.78 Total Accounts Payable $ 394,164.09 Total Claims $ 499,035.77 CONSENT ITEM - 5A MEMORANDUM CITY OF ARDEN HILLS PAYROLL # 10 CHECKS DATED: 05/08/15 Biweekly: 04/18/15 - 05/01/15 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 6,838.85 EFT SIT 2,933.98 EFT FICA Oasdi 4,457.94 EFT FICA Medicare 1,042.58 EFT TOTAL TAXES 15,273.35 Health Premium 2,117.50 A/P Check* Dental Premium A/P Check* FSA Health Care Reimb. 275.00 A/P Check* FSA Dependent Care Reimb. 370.83 A/P Check* TOTAL FLEXIBLE SPENDING 2,763.33 HSA Health Saving 1,667.35 Health Care Savings Plan EFT Health Care Savings Plan-2% 270.01 EFT Health Care Savings Plan-4% 166.28 EFT TOTAL HEALTH SAVINGS 2,103.64 PERA 4,129.66 EFT ICMA 4,940.62 EFT Central Pension Fund-Union 614.40 A/P Check* MN State Retirement System 342.85 EFT TOTAL RETIREMENT 10,027.53 IUOE 49 Dues (Union) 132.00 A/P Check* LTD/STD Insurance 1,208.14 A/P Check* PERA Life Insurance 32.00 A/P Check* CITY BENEFIT 4,457.94 1,042.58 5,500.52 14,215.56 1,194.66 15,410.22 2,093.54 2,093.54 4,765.00 358.08 5,123.08 PERA Life Insurance 32.00 A/P Check Life/Addl/Dep Life 124.45 A/P Check* Public Employee Long Term Care 93.72 A/P Check* UNUM 42.55 A/P Check* AFLAC 237.92 EFT Avesis-Vision Care 5.22 A/P Check* TOTAL VOLUNTARY 1,876.00 Total Employee Deductions 32,043.85 Net Payroll 0.00 Direct Deposit 44,605.56 EFT Gross Payroll Tie-Out 76,649.41 STD/LTD Gross - Up 0.00 Plus City Paid Benefit 28,222.27 ICMA Benefit Held 0.00 TOTAL PAYROLL COST 104,871.68 FICA TIE-OUT Gross Payroll 76,649.41 Less Total FSA 2,763.33 Plus Employer Match ICMA 0.00 Plus ICMA Benefit Held 0.00 Net P/R Subject to FICA 73,886.08 FICA Oasdi @ 6.20% 4,457.94 FICA Medicare @ 1.45% 1,042.58 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. Checks may be paid this week or the following week. 94.91 94.91 Accounts Payable User: Printed: ashley.bertrand 5/7/2015 7:31 AM Checks by Date - Detail by Check Date Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0192 Grainger, Inc 04/30/2015ACH 9708952933 PW Supplies PW Supplies 627.31 9710155152 PW Supplies PW Supplies 21.40 648.71Total for this ACH Check for Vendor 0192: 0381 ICMA Retirement Corporation 04/30/2015ACH 15180 Q2 2015 ICMA 401 Plan Fee Q2 2015 ICMA 401 Plan Fee 250.00 250.00Total for this ACH Check for Vendor 0381: 0750 Verizon Wireless 04/30/2015ACH 9743555880 Mar/Apr 2015 Cell Phone Charges Mar/Apr 2015 Cell Phone Charges 120.14 9743773159 Mar/Apr 2015 Cell Phone Charges Mar/Apr 2015 Cell Phone Charges 919.41 1,039.55Total for this ACH Check for Vendor 0750: 1001 Sprint/Nextel Communications 04/30/2015ACH 196110738-023 Mar/Apr 2015 Cell Phone Charges Mar/Apr 2015 Cell Phone Charges 169.04 169.04Total for this ACH Check for Vendor 1001: 1110 Pitney Bowes 04/30/2015ACH 04232015-PB April 2015 Postage April 2015 Postage 597.69 04232015-PB April 2015 Postage April 2015 Postage 1,019.99 1,617.68Total for this ACH Check for Vendor 1110: 2129 Elfering & Associates 04/30/2015ACH 2091 March 2015 B2 Zone Improvements March 2015 B2 Zone Improvements 1,712.50 1,712.50Total for this ACH Check for Vendor 2129: 2249 Terry Maurer 04/30/2015ACH 04232015-TM April 2015 Mileage Reimbursement April 2015 Mileage Reimbursement 48.89 04232015-TM April 2015 Mileage Reimbursement April 2015 Mileage Reimbursement 10.35 04232015-TM April 2015 Mileage Reimbursement April 2015 Mileage Reimbursement 6.90 04232015-TM April 2015 Mileage Reimbursement April 2015 Mileage Reimbursement 17.83 83.97Total for this ACH Check for Vendor 2249: 6060 Batteries Plus 04/30/2015ACH 029-550927 PW Parts PW Parts 119.90 119.90Total for this ACH Check for Vendor 6060: 6129 Fast Signs 04/30/2015ACH 204-39453 Name Plates-Thelen Name Plates-Thelen 12.50 12.50Total for this ACH Check for Vendor 6129: 7501 Kelly & Lemmons, P.A.04/30/2015ACH Page 1AP Checks by Date - Detail by Check Date (5/7/2015 7:31 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 42386 March 2015 Prosecution March 2015 Prosecution 3,046.11 3,046.11Total for this ACH Check for Vendor 7501: ALPI Allegra Print & Imaging 04/30/2015ACH 143783 April 2015 Newsletter April 2015 Newsletter 1,590.44 1,590.44Total for this ACH Check for Vendor ALPI: NWFS Northeast Youth & Family Services 04/30/2015ACH 04282015-NYFS 2015 Luncheon-NYFS 2015 Luncheon-NYFS 250.00 250.00Total for this ACH Check for Vendor NWFS: 0600 315800-NCPERS Minnesota 04/30/201544632 3158515 April 2015 Payroll Deductions April 2015 Payroll Deductions 64.00 64.00Total for Check Number 44632: 4081 Albrecht Enterprises LLC 04/30/201544633 I0031626 County Road E Water Break County Road E Water Break 1,883.00 1,883.00Total for Check Number 44633: CPF1 Central Pension Fund 04/30/201544634 04302015-CPF April 2015 Contributions April 2015 Contributions 1,228.80 1,228.80Total for Check Number 44634: 0319 City of Roseville 04/30/201544635 0220085 April 2015 IT Bill April 2015 IT Bill 3,206.83 0220113 April 2015 Phone Bill April 2015 Phone Bill 403.85 3,610.68Total for Check Number 44635: 1033 Comcast 04/30/201544636 44271-0415 April 2015 TV Services April 2015 TV Services 8.41 8.41Total for Check Number 44636: 5678 E&M Consulting, Inc.04/30/201544637 33032 EDA Publications EDA Publications 349.00 349.00Total for Check Number 44637: 0841 Ehlers & Associates, Inc.04/30/201544638 66954 February 2015 TCAAP Expenses February 2015 TCAAP Expenses 630.00 630.00Total for Check Number 44638: 0339 Ferguson Waterworks 2516 04/30/201544639 0130599 PW Supplies PW Supplies 297.45 297.45Total for Check Number 44639: 6694 Gopher Sport 04/30/201544640 8943030 Rec Supplies Rec Supplies 605.41 605.41Total for Check Number 44640: 4466 IPMA-HR MN 04/30/201544641 04282015-IPMAMN 2015 Dues 2015 Dues 25.00 Page 2AP Checks by Date - Detail by Check Date (5/7/2015 7:31 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 25.00Total for Check Number 44641: 0222 League of Minnesota Cities 04/30/201544642 04302015-LMC 2015 Directories 2015 Directories 338.90 338.90Total for Check Number 44642: 0454 League of MN Human Rights Comm.04/30/201544643 12202014 2015 Dues 2015 Dues 100.00 100.00Total for Check Number 44643: 0298 Pitney Bowes-Meter Service 04/30/201544644 7212665-AP15 Feb-Apr 2015 Postage Lease Feb-Apr 2015 Postage Lease 1,241.34 1,241.34Total for Check Number 44644: 0811 Ramsey County 04/30/201544645 PUBW-014461 Feb/Mar 2015 Bulk Road Salt Feb/Mar 2015 Bulk Road Salt 2,295.24 PUBW-014475 March 2015 Winter Mix March 2015 Winter Mix 287.96 2,583.20Total for Check Number 44645: 1193 SelectAccount 04/30/201544646 1083933 March 2015 Participant Fees March 2015 Participant Fees 37.98 1092710 April 2015 Participant Fee March 2015 Participant Fees 37.98 1092712 March 2015 Participant Adjustment March 2015 Participant Fees 2.11 78.07Total for Check Number 44646: 1387 Standard Insurance Company 04/30/201544647 147490-0515 May 2015 STD/LTD/Life Insurance May 2015 STD/LTD/Life Insurance 1,529.70 1,529.70Total for Check Number 44647: 0327 Staples Business Advantage 04/30/201544648 3261795939 Office Supplies Office Supplies 133.22 3261875585 Office Supplies Office Supplies 5.49 3262162757 Office Supplies Office Supplies 79.33 3262162761 Office Supplies Office Supplies 39.88 257.92Total for Check Number 44648: 1300 UniFirst Corporation 04/30/201544649 090 0247828 April 2015 Mat Service April 2015 Mat Service 78.60 78.60Total for Check Number 44649: 25,449.88Total for 4/30/2015: 0602 US BANK 05/06/2015ACH D Schifs-030415 March/April 2015 CC Charges-Darien Clothing Allowance 40.81 D Schifs-030415 March/April 2015 CC Charges-PW Parts 79.80 Dietl-030415 March/April 2015 CC Charges-MCFOA ConferenceMarch/April 2015 CC Charges 153.00 Dietl-030415 March/April 2015 CC Charges-Training March/April 2015 CC Charges 6.00 Dietl-030415 March/April 2015 CC Charges-MCFOA ConferenceMarch/April 2015 CC Charges 9.58 Dietl-030415 March/April 2015 CC Charges-MCFOA ConferenceMarch/April 2015 CC Charges 15.49 Dietl-030415 March/April 2015 CC Charges-MCFOA ConferenceMarch/April 2015 CC Charges 17.49 Frid-030415 March/April 2015 CC Charges-Frid Clothing Allowance 135.46 Grant-030415 March/April 2015 CC Charges-Egg Hunt Treats March/April 2015 CC Charges 63.93 Page 3AP Checks by Date - Detail by Check Date (5/7/2015 7:31 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription Grant-030415 March/April 2015 CC Charges-MRPA Dues March/April 2015 CC Charges 277.00 Grant-030415 March/April 2015 CC Charges-Egg Hunt Napkins March/April 2015 CC Charges 9.64 Grant-030415 March/April 2015 CC Charges-Egg Hunt Treats March/April 2015 CC Charges 70.47 Grant-030415 March/April 2015 CC Charges-Egg Hunt Treats March/April 2015 CC Charges 31.42 Grant-030415 March/April 2015 CC Charges-Clay Play Projects March/April 2015 CC Charges 25.80 Iverson-030415 March/April 2015 CC Charges-Send It Yearly PaymentMarch/April 2015 CC Charges 154.19 M Schifs-030415 March/April 2015 CC Charges-PW Parts March/April 2015 CC Charges 30.14 Mooney-030415 March/April 2015 CC Charges-Cell Phone Cases 329.53 Mooney-030415 March/April 2015 CC Charges-Cell Phone Cases 91.45 Mooney-030415 March/April 2015 CC Charges-Cell Phone Cases 15.94 Mooney-030415 March/April 2015 CC Charges-PW Tools 83.10 Mooney-030415 March/April 2015 CC Charges-Cell Phone Chargers 43.96 Mooney-030415 March/April 2015 CC Charges-Cell Phone Case Return -35.97 Mooney-030415 March/April 2015 CC Charges-Cell Phone Cases 54.41 Scherbel-030415 March/April 2015 CC Charges-Inspections TrainingMarch/April 2015 CC Charges 109.00 Scherbel-030415 March/April 2015 CC Charges-Car Wash March/April 2015 CC Charges 9.63 Scherbel-030415 March/April 2015 CC Charges-Dept of Labor TrainingMarch/April 2015 CC Charges 85.00 Scherbel-030415 March/April 2015 CC Charges-Dept of Labor TrainingMarch/April 2015 CC Charges 85.00 Scherbel-030415 March/April 2015 CC Charges-Int'l Code Council DuesMarch/April 2015 CC Charges 125.00 2,116.27Total for this ACH Check for Vendor 0602: 2,116.27Total for 5/6/2015: 0192 Grainger, Inc 05/07/2015ACH 9715773405 PW Parts PW Parts 330.84 9716714630 PW Parts PW Parts 56.96 9716855862 PW Parts PW Parts 4.46 9717311865 PW Parts PW Parts 51.86 444.12Total for this ACH Check for Vendor 0192: 0382 ICMA Retirement Trust - 106944 05/07/2015ACH PR Batch 00100.05.2015 ICMA Employer Percent 401PR Batch 00100.05.2015 ICMA Employer Percent 401 358.08 PR Batch 00100.05.2015 ICMA Employee Percent 401PR Batch 00100.05.2015 ICMA Employee Percent 401 310.34 668.42Total for this ACH Check for Vendor 0382: 0387 ICMA Retirement Trust- #302482 05/07/2015ACH PR Batch 00100.05.2015 ICMA Employee DeductionPR Batch 00100.05.2015 ICMA Employee Deduction 4,088.08 PR Batch 00100.05.2015 ICMA Employee PercentPR Batch 00100.05.2015 ICMA Employee Percent 542.20 4,630.28Total for this ACH Check for Vendor 0387: 0453 Continental Research Corp.05/07/2015ACH 419242-CRC-1 PW Parts PW Parts 912.00 912.00Total for this ACH Check for Vendor 0453: 1223 Adam's Pest Control, Inc.05/07/2015ACH 2216848 May 2015 Pest Control May 2015 Pest Control 62.54 62.54Total for this ACH Check for Vendor 1223: 6060 Batteries Plus 05/07/2015ACH 028-435954 PW Parts PW Parts 91.50 91.50Total for this ACH Check for Vendor 6060: 6349 Mary Nosek 05/07/2015ACH Page 4AP Checks by Date - Detail by Check Date (5/7/2015 7:31 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 15-006 April 2015 AH Notes April 2015 AH Notes 140.00 140.00Total for this ACH Check for Vendor 6349: JOHC Johnson Controls 05/07/2015ACH 1-20559733060 City Hall Repair City Hall Repair 545.00 545.00Total for this ACH Check for Vendor JOHC: 0243 Metropolitan Council-Waste Water 05/07/2015ACH 0001044155 June 2015 Wastewater Service Charges June 2015 Wastewater Service Charges 57,579.25 57,579.25Total for this ACH Check for Vendor 0243: 1195 Eureka Recycling 05/07/2015ACH 14893 April 2015 Recycling Costs April 2015 Recycling Costs -201.73 14893 April 2015 Recycling Costs April 2015 Recycling Costs 7,991.88 7,790.15Total for this ACH Check for Vendor 1195: 0146 Bryan Rock Products, Inc.05/07/201544650 6788 Ball Field Ag Lime Ball Field Ag Lime 1,198.22 1,198.22Total for Check Number 44650: 0154 Cemstone Products Co.05/07/201544651 C1486342 Storm Sewer Repair Storm Sewer Repair 512.50 512.50Total for Check Number 44651: 0761 Electric Pump, Inc 05/07/201544652 0055133-IN Lift Station Repair Lift Station Repair 83.29 83.29Total for Check Number 44652: 0339 Ferguson Waterworks 2516 05/07/201544653 0132356 PW Parts PW Parts 752.85 0133844 PW Parts PW Parts 861.56 1,614.41Total for Check Number 44653: 0020 Scott Freyberger 05/07/201544654 05012015-SF PW Training Reimbursmenet-Freyberger PW Training Reimbursmenet-Freyberger 23.00 23.00Total for Check Number 44654: 4470 GLTC Premium Payments 05/07/201544655 1531918 May 2015 Long Term Care May 2015 Long Term Care 187.44 187.44Total for Check Number 44655: 0447 I.U.O.E Local 49 Benefit Fund-Insurance 05/07/201544656 05152015-IUOE June 2015 PW Benefits June 2015 PW Benefits 1,200.00 1,200.00Total for Check Number 44656: 1197 McFarland Hanson Inc.05/07/201544657 233277 City Hall Supplies City Hall Supplies 221.84 221.84Total for Check Number 44657: 0155 Office of MN IT Services 05/07/201544658 W15030664 March 2015 Phone Bill March 2015 Phone Bill 716.31 Page 5AP Checks by Date - Detail by Check Date (5/7/2015 7:31 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 716.31Total for Check Number 44658: 7025 On Site Sanitation 05/07/201544659 6244 April 2015 Restroom Rental-Floral April 2015 Restroom Rental 14.86 6245 April 2015 Restroom Rental-Hazelnut April 2015 Restroom Rental 52.00 6246 April 2015 Restroom Rental-Perry April 2015 Restroom Rental 39.29 6247 April 2015 Restroom Rental-Royal Hills April 2015 Restroom Rental 20.43 6248 April 2015 Restroom Rental-Cummings April 2015 Restroom Rental 52.00 6249 April 2015 Restroom Rental-Ingerson April 2015 Restroom Rental 9.29 6250 April 2015 Restroom Rental-Valentine April 2015 Restroom Rental 39.29 227.16Total for Check Number 44659: 0335 Scherer Bros. Lumber Co.05/07/201544660 41293413 Park Supplies Park Supplies 113.00 113.00Total for Check Number 44660: 1408 Supply Solutions 05/07/201544661 5752 City Hall Supplies City Hall Supplies 22.81 22.81Total for Check Number 44661: 3099 Tri-State Bobcat, Inc.-Little Canada 05/07/201544662 V75223 PW Vehicle #214 Repair PW Vehicle #214 Repair 183.20 183.20Total for Check Number 44662: 0477 Trinity Lutheran 05/07/201544663 1 2015 Snowplowing 2015 Snowplowing 1,500.00 1,500.00Total for Check Number 44663: 5718 VAL-MATIC 05/07/201544664 309053 PW Parts PW Parts 490.12 490.12Total for Check Number 44664: 0319 City of Roseville 05/07/201544665 0220168 Q1 2015 Water Bill Q1 2015 Water Bill 200,130.38 200,130.38Total for Check Number 44665: 0447 I.U.O.E Local 49 Benefit Fund-Insurance 05/07/201544666 05.15.2015-IUOE June 2015 PW Benefits June 2015 PW Benefits 8,480.00 8,480.00Total for Check Number 44666: 5138 League of MN Cities Ins. Trust 05/07/201544667 49262 2015 Liability Insurance Payment 2015 Liability Insurance Payment 7,831.00 7,831.00Total for Check Number 44667: COMT Minnesota Department of Transportation 05/07/201544668 270082 County Road F Bridge Payment County Road F Bridge Payment 69,000.00 69,000.00Total for Check Number 44668: 366,597.94Total for 5/7/2015: Page 6AP Checks by Date - Detail by Check Date (5/7/2015 7:31 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription Report Total (60 checks): 394,164.09 Page 7AP Checks by Date - Detail by Check Date (5/7/2015 7:31 AM) CONSENT ITEM – 5B Page 1 of 1 MEMORANDUM DATE: May 11, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Terry Maurer, Public Works Director SUBJECT: National Public Works Week: May 17-23, 2015 Requested Action Adoption of Resolution 2015-031 Recognizing National Public Works Week: May 17- 23, 2015. Discussion National Public Works Week is May 17-23, 2015. This is an opportunity to recognize the efforts put forth by our Public Works staff in maintaining the City infrastructure consisting of sanitary sewer, water, storm sewer, streets, trails, parks and public buildings. The daily efforts by these dedicated employees enhance the health, safety and quality of life for all our residents. The Public Works staff is made up of the following employees together with their years of service to the City of Arden Hills:  Joe Mooney, Superintendent 29 Years  Dave Winkel 37 Years  Mike Schifsky 35 Years  Scott Freyberger 16 Years  Tony Nowlan 9 Years  Jeff Frid 9 Years  Max Arvidson 5 Years  Thomas Mikacevich 4 Year  Darien Schifsky 2 Year Attachment Attachment A: Resolution 2015-031 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2015-031 RESOLUTION RECOGNIZING NATIONAL PUBLIC WORKS WEEK: MAY 17-23, 2015 WHEREAS, public works services provided in our community are an integral part of our citizens everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operations of public works systems and programs such as water, sewers, streets, parks, trails, and public buildings; and WHEREAS, the health, safety and comfort of Arden Hills greatly depend on these facilities and services; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff the Public Works Department are materially influenced by the people’s attitude and understanding of the importance of the work they perform. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA 1. That the City proclaims the week of May 17 to 23 as “National Public Works Week” in the City of Arden Hills. All citizens and civic organizations are called upon to recognize the contributions which the Public Works Department makes every day to our health, safety, comfort, and quality of life. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 11th DAY OF MAY, 2015. ________________________________ David Grant, Mayor ATTEST: __________________________________ Amy Dietl, City Clerk CONSENT ITEM – 5C MEMORANDUM DATE: May 11, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #15-002 Applicant: Wellington Management, Inc. Property Location: 3527-3557 Lexington Avenue North Subject: Third Amendment to the Planned Unit Development Agreement and Conditional Use Permit – Phase I Requested Action Motion to approve the Third Amendment to the Planned Unit Development Agreement and Conditional Use Permit – Phase I for the Arden Plaza retail center, based on the March 30, 2015 and April 13, 2015, City Council approval of Planning Case 15-002. Background On March 30, 2015, the City Council reviewed Planning Case 15-002 and approved a Preliminary Plat for the Arden Plaza subdivision and a PUD Amendment, which accounted for the subdivision, increased the footprint for Building #4, and modified the parking lot at the north and south end of the retail center. The City Council continued their consideration of Planning Case 15-002 at their regular meeting on April 13, 2015. At this meeting, the City Council approved the Conditional Use Permit Amendment and PUD Amendment requests in Planning Case 15-002 for the expansion of the Frattallone’s Ace Hardware seasonal garden center on the property. The City Attorney has prepared the Third Amendment to the Planned Unit Development Agreement and Conditional Use Permit – Phase I (Attachment A). The document has been reviewed and signed by Wellington Management, Inc. City of Arden Hills City Council Meeting for May 11, 2015 P:\Planning\Planning Cases\2015\PC 15-002 - Arden Plaza - Master PUD Amendment and Subdivision\Memos_15-002 Page 1 of 2 Attachments A. Third Amendment to the Planned Unit Development Agreement and Conditional Use Permit – Phase I City of Arden Hills City Council Meeting for May 11, 2015 P:\Planning\Planning Cases\2015\PC 15-002 - Arden Plaza - Master PUD Amendment and Subdivision\Memos_15-002 Page 2 of 2 (reserved for recording information) PLANNED UNIT DEVELOPMENT AGREEMENT AND CONDITIONAL USE PERMIT PHASE 1 – THIRD AMENDMENT ARDEN PLAZA (PC# 15-002) THIS PLANNED UNIT DEVELOPMENT AGREEMENT AND CONDITIONAL USE PERMIT – PHASE 1 – THIRD AMENDMENT (“Agreement”) is dated effective May ______, 2015, and is entered into by and between the CITY OF ARDEN HILLS, a Minnesota statutory city (“City”); and ARDEN PLAZA, LLC, a Minnesota limited liability corporation (“Arden Plaza”). 1. RECITALS. A. Arden Plaza is the record fee owner of property situated in the County of Ramsey, State of Minnesota, and legally described as: Lot 2, Block 1, Arden Plaza Lot 3, Block 1, Arden Plaza 181284v2 1 (the “Property”). Said site is for future development pursuant to the terms of an Amended and Restated Master Planned Unit Development Agreement and Phase I Development Contract (Planning Case #14-016). B. On the 5th day of January, 2015, Wellington Management, Inc., on behalf of Arden Plaza, submitted an application requesting that the City approve a Preliminary and Final Plat, a Planned Unit Development Amendment and a Conditional Use Permit Amendment for the Property (“Application”). The Application requested Council approval for a subdivision of Lot 3, Block 1, Arden Plaza into three parcels, increasing the footprint of Building #4 to be constructed in Phase III, modifying the parking lot at the north and south ends of the retail center, and the expansion of the Frattallone’s Ace Hardware seasonal garden center. C. The Application is illustrated and described on the following documents, attached and incorporated as part of Planning Case 15-002, on file and recorded at the City of Arden Hills: 1. Cover Sheet, dated 01/05/15, as revised on 03/27/15 2. Existing Conditions, dated 01/05/15, as revised on 03/27/15 3. Preliminary Plat, dated 01/05/15, as revised on 03/27/15 4. PUD Master Site Plan, dated 01/05/15, as revised on 04/09/15 5. Frattallone’s Garden Center Plan, dated 01/05/15, as revised on 04/09/15 6. PUD Grading, Drainage, and Erosion Control Plan, dated 01/05/15, as revised on 03/27/15 7. PUD Utility Plan, dated 01/05/15, as revised on 03/27/15 8. PUD Parking and Circulation Plan, dated 01/05/15, as revised on 04/09/15 9. Garden Center Exhibit, dated 04/15/15 181284v2 2 2. PLANNING COMMISSION REVIEW. On the 4th day of February, 2015, the City Planning Commission reviewed the Application at a public hearing and after considering the application, the reports and comments of the City’s staff, the reports and comments of Arden Plaza, and other public comments, and subject to conditions, recommended approval of the Application. 3. CITY COUNCIL REVIEW. A. On the 30th day of March, 2015, the Arden Hills City Council reviewed the recommendations of the Planning Commission; the materials and comments submitted by City staff and the its consultants; and the materials and comments submitted by Arden Plaza and its consultants. At the conclusion of its review, the City Council approved the subdivision and Preliminary Plat for “ARDEN PLAZA 2ND ADDITION” and a Planned Unit Development Amendment which accounted for the subdivision, increased the footprint of Building #4, and modified the parking lot at the north and south end of the retail center, all subject to the terms and conditions contained herein. B. On the 13th day of April, 2015, the Arden Hills City Council reviewed the recommendations of the Planning Commission; the materials and comments submitted by City staff and the its consultants; and the materials and comments submitted by Arden Plaza and its consultants. At the conclusion of its review, the City Council approved a Conditional Use Permit Amendment and a Planned Unit Development Amendment to expand the overall area of the operating garden center on the Property and to make minor modifications to the parking area, all subject to the terms and conditions contained herein. 181284v2 3 4. TERMS AND CONDITIONS. In consideration of the undertakings herein expressed and in compliance with the City’s Development Regulations, the parties agree as follows: A. Conditional Use Permit for Planned Unit Development. The City has agreed to grant Arden Plaza an amendment to its Conditional Use Permit to expand the overall area of the previously approved and operating garden center upon the following conditions: 1. The square footage for the seasonal garden center will measure 155 feet by 61 feet for a total square area of 9,455 square feet. The total area includes the space underneath the building canopy that is now used for outdoor sales year-round and the five foot display curb along the north and east perimeter of the garden center. 2. The exterior storage area along the south side of the retail center building will measure approximately 150 feet long by 12 feet wide and shall be limited to materials and products directly associated with the approved garden center use. 3. The garden center site shall be maintained and the business operated pursuant to the Garden Center Exhibit which has been approved by the City of Arden Hills (Exhibit A). 4. The garden center shall be an extension of and consistent with the permitted principal use and shall be used exclusively for the seasonal sale of nursery and garden items, including, but not limited to, flower, plants, landscaping materials, and Christmas trees. 5. No person will store any hazardous materials within the storage area, depicted on the plans, along the south side of the retail center building, and no storage will be allowed to block the egress doors. 181284v2 4 6. The fence around the perimeter of the seasonal garden center shall be made of wrought iron materials and shall not exceed six (6) feet in height. No exterior signage shall be attached to the fence around the seasonal garden center. 7. No storage, displays, or sales shall be permitted outside of the seasonal sales area. Exterior storage and outdoor display and sales shall only be permitted on Lot 3, Arden Plaza 2nd Addition. 8. The site shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in offensive odors or unsightly conditions. 9. Arden Plaza shall install, at the City’s discretion, up to $20,000 of additional landscaping or other type of screening to screen storage along the south and west side of the property within the first three years of full operations following an annual review by the City Council. Staff will provide the City Council with an update on the site operations at the regularly scheduled April Work Session meeting. The City Council will base the need for additional screening on an evaluation of complaint and code violation history, if any. Landscaping or screening may be installed on the property or on adjacent properties. Prior to the issuance of any development permits, Arden Plaza shall provide the City with a Letter of Credit in the amount of $20,000 issued by a FDIC-insured Minnesota bank. If Arden Plaza refuses to comply with the direction provided by the City, the City may without further notice enter the property and place the additional landscaping or screening and draw upon the Letter of Credit. B. Final Plat. 1. Arden Plaza shall file the Final Plat of Arden Plaza 2nd Addition with Ramsey County within 180 days of the date of the City’s approval of the Final Plat, or prior to the issuance of any development permits related to the construction of the garden center, whichever 181284v2 5 event occurs first, or the City’s approval shall expire unless extended by approval from the City Council. An extension request must be submitted in writing to the City at least forty-five (45) days prior to the expiration date. 2. City Council approval of the Final Plat shall be conditioned on the demising wall construction between the Frattallone’s Hardware store and the remainder of the Arden Plaza retail building receiving final approval from the City Building Official. 3. Prior to the execution of the Final Plat, a copy of the supplemental declaration between Frattallone’s Hardware and Arden Plaza, LLC addressing the issues of drainage and driveway maintenance shall be provided to the City. 4. Prior to the execution of the Final Plat, a copy of an agreement addressing the Sewer and Water services provided to Lot 3, Arden Plaza 2nd Addition through the building on Lot 2, Arden Plaza 2nd Addition shall be provided to the City. 5. Prior to the execution of the Final Plat, a copy of an agreement addressing the operation, maintenance, and ownership of all sanitary sewer, water, and storm sewer within the development, and the process by which future land use applications will be submitted to the City for properties within the development, shall be provided to the City. C. PUD-Master Plan. 1. Arden Plaza shall implement the requirements recommended in the January 29, 2015 letter from Dave Scherbel, Building Official; Tim Boehlke, Lake Johanna Fire Chief, and Rick Current, Lake Johanna Fire Marshal (Exhibit B). 2. The operations of the Bio-Filtration Area #2 identified on the Master Site Plan shall be corrected to the satisfaction of the City Engineer prior to the issuance of any development permits related to the construction of the garden center. 181284v2 6 3. Arden Plaza shall install evergreen plantings along the west property line of Lot 3, Arden Plaza 2nd Addition to provide additional screening of the trash and recycling collection area associated with the Frattallone’s Ace Hardware portion of the retail center building. 4. The City currently holds a Letter of Credit (American Bank Letter of Credit No. 2527) for the patching and seal coating of the parking lot next to the Frattallone’s Hardware store. Arden Plaza shall complete these improvements by September 30, 2015 or the LOC maturity date shall be extended. 5. Arden Plaza shall construct the main parking area and landscaping improvements previously planned for Phase I prior to the issuance of a Certificate of Occupancy for either Building #2 or Building #4. D. Previous Agreements. The applicant shall continue to abide by the conditions of all previous Development Agreements, Master PUD and Final PUD for Phase I approvals, permits, and reviews, except as hereinafter amended. E. Required Improvements. The project shall be completed in accordance with the submitted plans 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. F. Required Permits. The applicant shall obtain all necessary permits, including but not limited to, NPDES, Rice Creek Watershed District, Ramsey County, and City Grading and Erosion Control Permits. Copies of all necessary permits shall be submitted to the City prior to the issuance of any development permits. 181284v2 7 G. Security. Arden Plaza shall submit a financial surety in the amount of 125% of the estimated costs of site improvements including grading, utilities, paving, and fence installation prior to the issuance of any development permits related to the construction of the seasonal garden center area. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank, and be in the form acceptable to the City. The purpose of the letter of credit is to ensure that site improvements are completed in the event of a default by Arden Plaza. H. Escrow. Arden Plaza shall submit a cash escrow in the amount of 25% of the estimated costs of site improvements including grading, utilities, paving, and fence installation prior to the issuance of any development permits related to the construction of the seasonal garden center area. The escrow will be used for City costs related to review, approval, and inspection of site improvements or any costs incurred by the City in the event of a default by Arden Plaza. I. Binding Effect. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property. This Agreement, at the option of the City, shall be placed of record so as to give notice thereto to any subsequent purchasers and encumbrances of all or any part of the Property and all recording fees, if any, shall be paid by the Arden Plaza. J. Default. The occurrence of any of the following shall be considered an “Event of Default” in the terms and conditions contained in this Agreement: 1. Failure of Arden Plaza to comply with any of the terms and conditions contained in this Agreement. 2. The failure of Arden Plaza to comply with any applicable ordinance or statute with respect to the development of the Property. 181284v2 8 K. Remedies. Upon the occurrence of any Event of Default, the City, in addition to any other remedy which may be available to it, shall be permitted to do any of the following: 1. City may make advances or take other steps to cure the default, and, where necessary, enter the Property for that purpose. Arden Plaza shall pay all sums so advanced or expenses incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate of 10 percent per annum. No action taken by the City pursuant to this section shall be deemed to relieve Arden Plaza from curing any such default to the extent that it is not cured by the City or from any other default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such default. Arden Plaza shall save, indemnify, and hold harmless, including reasonable attorney fees, the City from any liability or other damages which may be incurred as a result of the exercise of the City's rights pursuant to this section. 2. Obtain an Order from a Court of competent jurisdiction requiring Arden Plaza to specifically perform its obligations pursuant to the terms and provisions of this Agreement. 3. Exercise any other remedies which may be available to it including an action for damages. 4. Withhold the issuance of any or all building permits and/or prohibit the occupancy of all building(s) for which permits have been issued. 5. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of an Event of Default, Arden Plaza shall pay to the City all fees and expenses, including reasonable attorney, engineering and consulting fees, incurred by the City as a result of the Event of Default, whether or not a lawsuit or other action is formally taken. IN WITNESS WHEREOF, the above-named parties have caused this Agreement to be executed as of the date and year first above written. [Remainder of page intentionally left blank. Signatures on next page.] 181284v2 9 CITY OF ARDEN HILLS By: ______________________________________ David Grant, Mayor (SEAL) And _____________________________________ Amy Dietl, City Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of May, 2015, by David Grant and by Amy Dietl, respectively the Mayor and City Clerk of the City of Arden Hills, a Minnesota statutory city, on behalf of the City and pursuant to the authority granted by its City Council. __________________________________________ Notary Public 181284v2 10 ARDEN PLAZA, LLC A Minnesota Limited Liability Company By: ______________________________________ Stephen B. Wellington, Chief Manager STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of May, 2015, by Stephen B. Wellington, the Chief Manager of Arden Plaza, LLC, a Minnesota limited liability company, on behalf of the limited liability company. __________________________________________ Notary Public DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 (JJJ) 181284v2 11 MORTGAGE CONSENT TO PLANNED UNIT DEVELOPMENT AGREEMENT AND CONDITIONAL USE PERMIT PHASE 1 – THIRD AMENDMENT ARDEN PLAZA (PC# 15-002) AMERICAN BANK OF ST. PAUL, which holds mortgage on the property, situated in the County of Ramsey, State of Minnesota, and legally described as: Lot 2, Block 1, Arden Plaza Lot 3, Block 1, Arden Plaza which mortgage was recorded as Ramsey County document number 1803193, the development of which is governed by the Planned Unit Development Agreement Phase 1 – Second Amendment to Development Agreement (PC #11-016) by and between the City of Arden Hills and Arden Plaza, LLC dated October 10, 2011, agrees that the Planned Unit Development Agreement shall remain shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 20__. AMERICAN BANK OF ST. PAUL By: ______________________________________ _____________________________ [print name] Its ___________________________ And ______________________________________ _____________________________ [print name] Its _____________________________ 168849 STATE OF MINNESOTA ) ( ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of ____________ 20__, by ______________________________ and by ______________________________ the _____________________ and __________________, respectively, of AMERICAN BANK OF ST. PAUL, on behalf of said corporation. ________________________________________ Notary Public DRAFTED BY: Campbell, Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 (JJJ) 168849 EXHIBIT A To THIRD AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT AND CONDITIONAL USE PERMIT – PHASE 1 ARDEN PLAZA (Planning Case #15-002) 168849 7699 Anagram Drive Eden Prairie, MN 55344 P h o n e (952) 937-5150 F a x (952) 937-5822 T o l l F r e e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o THIRD AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT AND CONDITIONAL USE PERMIT – PHASE 1 ARDEN PLAZA (Planning Case #15-002) 168849 January 29, 2015 Re: 3527 Lexington Ave: This letter is a review of a request for a proposed alternate to the State Building code at 3527 Lexington Ave. The purpose of the proposed code alternate is to divide an existing building and parcel into two distinct separate buildings and parcels. The 2007 MN state building code per the 2006 IBC requires walls located on property lines, that separate buildings, to be constructed as a fire wall. The existing wall is not built as a fire wall, but could be altered to comply with a 2 hour fire barrier wall. The proposed code alternate uses IBC Section 402,which refers to covered mall buildings. The proposed alternate is to apply section 402 to a strip or open mall. While section 402 of the 2006 IBC refers only to covered mall buildings, staff feels that an open, or strip mall is no more hazardous than a covered mall. In fact, it is more likely safer than an enclosed mall. It is proposed to use IBC section 402.7.4, as amended by the state, which allows an anchor building in a covered mall to be separated by a fire barrier instead of a fire wall. Additionally, MN State building code section 402.7.4, allows property lines to be platted between the anchor building and the rest of the mall with certain conditions. Section 402.7.4 also states that both buildings/parcels need to comply with all applicable provisions of the state building code. Section 402.8 of the state building code requires mall buildings to be fire sprinkler protected. Arden Plaza currently is only 65% fire sprinkler protected. The owners of the mall are proposing to extend a fire sprinkler main pipe through the unsprinklered tenant portions of the building. The individual tenant spaces will then be fully sprinklered as the tenant spaces changes ownership. City staff, along with the Lake Johanna Fire Department, have reviewed this project and have the following requirements for this project to move forward. 1. The wall separating the hardware store from the rest of the building needs to be a fully compliant two hour fire barrier with no openings. 2. Plans submitted do not show the fire wall including the loading dock area. Resubmit plans showing the loading dock included with the hardware store and separated from the remainder of the building by a fire barrier. 3. Verify the mezzanine in Ace hardware complies with type of construction for a type IIB. 4. Provide plans and specifications for the extension of the fire suppression main through the portion of the building currently not fire sprinklered. City of Arden Hills ▪1245 West Highway 96 ▪ Arden Hills Minnesota 55112 Phone 651.792.7800 ▪ Fax 651.634.5137 ▪ www.ci.arden-hills.mn.us 5. The fire suppression main piping is to be completed before final approval of the plat for closing or an escrow for 125% of the installation will be required. 6. Each individual tenant space currently not fire sprinklered will be brought fully compliant according to NFPA 13 upon any of the following conditions. 1) A new tenant. 2) The tenant space is altered or remodeled more than 50% of the space. 3) The tenant space is expanded. 7. Recorded with each of the deeds are agreements that require the buildings divided by property lines to be in conformance with the applicable provisions of the state building code, as if the buildings were a single building on a single piece of property. In addition, the agreement must state that no individual building or property owner may modify any portion of the building in any way that would not comply with the state building code. (Per IBC 402.7.4 as amended by the state) 8. All current life safety measures, both active and passive to be fully operational as originally installed. This includes but not limited to, all penetrations and or alterations to existing fire ratings of walls, corridors, and floor systems. They are to be inspected and repaired to the buildings original condition. 9. The installation of a fully addressable fire detection and alarm system according to NFPA 72 throughout the building. Fire Dept. to approved plans prior to installation.) 10. Attached are the related code sections and code analysis plan of Arden Plaza 11. Both the City and Fire Department to inspect and approve the above items before issuance of any certificate of occupancy. Sincerely, Dave Scherbel, Building Official Tim Boehlke, Lake Johanna Fire Chief Rick Current, Lake Johanna Fire Marshal City of Arden Hills ▪1245 West Highway 96 ▪ Arden Hills Minnesota 55112 Phone 651.792.7800 ▪ Fax 651.634.5137 ▪ www.ci.arden-hills.mn.us DATE: May 11, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #15-013 Applicant: Arden Plaza, LLC Property Location: 3527 Lexington Avenue North and 1150 County Road E Request: Final PUD Phase II Deadline Extension Request Requested Action Motion to approve Planning Case 15-013 for an amendment to Section 2.0, Subd. A of the Amended and Restated Master PUD Agreement and Phase I Development Contract for 3527 Lexington Avenue N and 1150 County Road E (Arden Plaza) in order to extend the Final PUD - Phase II submittal deadline to June 1, 2017. Background Due to the slow economic recovery, Arden Plaza, LLC, has been unable to successfully market the property that would allow for the completion of Phase II outlined in the Arden Plaza Master PUD. The property owner is, therefore, requesting an extension for the submittal deadline for the Phase II Final PUD. Included in Attachment B is a letter from Arden Plaza, LLC, providing additional background on this request. Under the current development agreement between the City and Arden Plaza, LLC, the Phase II Final PUD application is required to be submitted by June 1, 2015. Any request for an extension to this deadline was required to be submitted at least 45 days prior to June 1, 2015. The City received an extension request from the property owner on April 14, 2015. CONSENT ITEM – 5D MEMORANDUM _________________________________________________________________________________________ City of Arden Hills City Council Meeting for May 11, 2015 P:\Planning\Planning Cases\2015\PC 15-013 - Arden Plaza - Phase II PUD Deadline Extension\ Memos_Reports_15-013 Page 1 of 2 Overview of Request Arden Plaza, LLC, has requested that the submittal deadline for Phase II of the Master PUD be extended to June 1, 2017. The property owner would be required to submit a Final PUD application for Phase II by June 1, 2017, or request an extension at least 45 days prior to this deadline. Staff Recommendation Staff recommends approving the amendment to Section 2.0, Subd. A of the Amended and Restated Master PUD Agreement and Phase I Development Contract for 3527 Lexington Avenue N and 1150 County Road E (Arden Plaza) in order to extend the Final PUD - Phase II submittal deadline to June 1, 2017. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on April 28, 2015. Pursuant to Minnesota State Statute, the City must act on this request by June 27, 2015 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Attachments A. Arden Plaza Amended and Restated Master PUD Agreement and Phase I Development Contract B. Land Use Application and Narrative _________________________________________________________________________________________ City of Arden Hills City Council Meeting for May 11, 2015 P:\Planning\Planning Cases\2015\PC 15-013 - Arden Plaza - Phase II PUD Deadline Extension\ Memos_Reports_15-013 Page 2 of 2 (reserved for recording information) AMENDED AND RESTATED MASTER PLANNED UNIT DEVELOPMENT AGREEMENT AND PHASE I DEVELOPMENT CONTRACT ARDEN PLAZA THIS AMENDED AND RESTATED MASTER PLANNED UNIT DEVELOPMENT AGREEMENT (“Restated Agreement”) is dated effective _____________, 2015 (the “Effective Date”), and is entered into by, between, and among the CITY OF ARDEN HILLS, a Minnesota statutory city (“City”); and ARDEN PLAZA, LLC, a Minnesota limited liability corporation (“Arden Plaza”) and PAMELA A. COUCH, as Trustee of the Pamela A. Couch 2011 Trust dated November 15, 2011, an undivided 25% interest; and JAMES G. COUCH, as Trustee of the JGC Trust of 2007 dated August 14, 2007, an undivided 75% interest (“Couch/JGC Trusts”). 1 174869v10 RECITALS A. On April 4, 2009, Arden Plaza submitted an application requesting the approval of a Planned Unit Development Master Plan (“PUD-Master Plan”) for its development, to be known as ARDEN PLAZA (PC File No. 09-011), for the property now legally described as: Lots 1, 2 and 3, Block 1, Arden Plaza (“Plat” or “Property”); a combined preliminary/final plat for the Property; and a Planned Unit Development Final Plan (“PUD-Final Plan”) for a portion of the Property (“Phase I”). The PUD-Final Plan included three phases and four lots, with two buildings to be located on one lot. The PUD-Final Plan Agreement between the City and Arden Plaza was dated July 13, 2009 and was recorded on February 16, 2012 with the Office of the County Recorder, Ramsey County, Minnesota as Document No. 4320381. The approved plat was never recorded. B. The City and Arden Plaza entered into an Amendment to Phase I dated July 12, 2010 and recorded with the County Recorder, Ramsey County, Minnesota on February 16, 2012 as Document No. 4320380 (“Phase I First Amendment”) as part of PC File No. 10-008. Phase I First Amendment extended the dates for obtaining building permits for Phase I, for applying for final plan approval for future phases and for recording the final plat. C. The City and Arden Plaza entered into a Second Amendment to Phase I dated October 10, 2011 and recorded with the Office of the County Recorder, Ramsey County, Minnesota on February 16, 2012 as Document No. 4320379 (“Phase I Second Amendment”) as part of PC File No. 11-016. The Phase I Second Amendment revised the number of lots, reduced the number of buildings to be constructed on the lots and approved a revised preliminary and final plat. D. The plat for Arden Plaza was recorded with Ramsey County on November 16, 2011 (“Final Plat”). 2 174869v10 E. Thereafter, Arden Plaza conveyed Lot 1, Block 1, Arden Plaza to NLD Arden Hills LLC, a Delaware limited liability company (“NLD”). On January 30, 2012, the City and NLD entered into a Development Agreement Phase I, recorded with the Office of the County Recorder, Ramsey County, Minnesota on February 16, 2012 as Document No. 4320378, as Planning File No. 11-016 for development of Lot 1, Block 1, Arden Plaza as a Walgreens Drug Store. F. Lot 1, Block 1, Arden Plaza was later conveyed to the Couch/JGC Trusts including the improvements located thereon, and Arden Plaza retained its fee ownership in Lots 2 and 3, Block 1, Arden Plaza. G. Walgreens applied for additional wall and window signage for the building on Lot 1 as part of PC File No. 2013-010. The City Council approved the application on September 9, 2013. H. Because of the numerous inconsistencies in the foregoing approved documents and the development of the plat, the City, Arden Plaza and the Couch/JGC Trusts desire to approve this Restated Agreement to establish the approvals and conditions for the redevelopment of Lots 1-3, Block 1, Arden Plaza. I. The City issued a building permit for Lot 1, Block 1, Arden Plaza, Phase I of the Redevelopment Project. J. Subject to the conditions and modifications contained herein, the Redevelopment Plan Documents represent the nature, scope and configuration of the Redevelopment Project which Arden Plaza is requesting the City to approve. K. The PUD-Master Plan and the Redevelopment Plan Documents indicate that the Property will be redeveloped in three phases: 1. Phase I includes the construction of a pharmacy building on Lot 1, Block 1, Arden Plaza. 2. Phase II will include a retail/restaurant building on Lot 2, Block 1, Arden Plaza. 3 174869v10 3. Phase III will include a building on Lot 3, Block 1, Arden Plaza in addition to the existing Arden Plaza retail building located on Lot 3. NOW, THEREFORE, the parties hereby agree as follows: 1. APPROVAL. The City Council approves the following: A. The PUD-Master Plan for Lots 1-3, Block 1, Arden Plaza; B. The combined preliminary/final plat (“Final Plat”) of Arden Plaza; C. PUD-Final Plan for Lot 1, Block 1, Arden Plaza; D. The PUD-Master Plan, the Final Plat and PUD-Final Plan are illustrated and described on the following documents attached and incorporated herein: 1. Cover Sheet, dated May 4, 2009 as revised on May 22, 2009; 2. Cover Sheet (Phase I), dated June 6, 2011 3. Boundary and Topographic Survey, dated May 4, 2009 as revised on May 22, 2009; 4. Tree Preservation Plan, dated May 4, 2009 as revised on May 22, 2009; 5. Arden Plaza Preliminary Plat, dated June 30, 2011; 6. Circulation Plan, dated May 4, 2009 as revised on May 22, 2009; 7. Site Plan, dated May 4, 2009 as revised on May 22, 2009; 8. Preliminary Site Plan (Phase I), dated June 6, 2011, as modified by Preliminary Site Plan prepared by Westwood Professional Services, Inc. dated September 22, 2011; 9. Grading and Erosion Control Plan, dated May 4, 2009 as revised on May 22, 2009; 10. Preliminary Grading and Drainage Plan (Phase I), dated June 6, 2011; 11. Utility Plan, dated May 4, 2009 as revised on May 22, 2009; 12. Preliminary Utility Plan (Phase I), dated June 6, 2011; 4 174869v10 13. Lighting Plan, dated May 4, 2009 as revised on May 22, 2009; 14. Landscape Plan, dated May 4, 2009 as revised on May 22, 2009; 15. Landscape Plan (Phase I) prepared by Westwood Professional Services, Inc. dated February 10, 2012; 16. Pedestrian Details, dated May 4, 2009 as revised on May 22, 2009; 17. Driveway Enlargement, dated May 4, 2009 as revised on May 22, 2009; 18. Building Elevation prepared by Camburas & Theodore, Ltd. dated January 23, 2012; 19. Outline Plan (Phase I), dated April 15, 2011 as revised on June 29, 2011; 20. Phase I Development Plan, dated June 29, 2011; 21. Initial Phase Development Plan, dated June 3, 2009; 22. Master Development Plan, dated June 3, 2009; 23. Materials Board as presented on July 13, 2009, identifying the following materials and color pallet: a. Brick Number One: Cloud Ceramics – Sahara White Buff b. Brick Number Two: Carolina Ceramics – Heritage Velour; or Mutual materials - Copper c. Brick Number Three: Cloud Ceramics – Cherokee d. Masonry Number One: Anchor Block – Rock-Face Block; Mojave e. Masonry Number Two: Anchor Block – Rock-Face Block; Chocolate f. Masonry Number Three: Anchor Block – Rock-Face Block; Buckskin g. Masonry Number Four: Anchor Block – Rock-Face Block; Autumn Tan h. Metal Cornice: Una-Clad – Medium Bronze i. Metal Canopy: Una-Clad - Brandywine j. Precast Stone: Custom Cast Stone – Light Buff 24. Written Statement consisting of pages 1-6 dated May 1, 2009. 25. Arden Plaza Phase I Narrative, dated July 25, 2011 (“Redevelopment Plans”). 5 174869v10 2. PUD-Master Plan. Conditions of the PUD-Master Plan approval are as follows: A. Arden Plaza shall apply for the PUD-Final Plan for Phase II of the Redevelopment no later than June 1, 2015 or, at least forty-five (45) days prior to such date, shall request an extension of time to apply for the PUD-Final Plan for Phase II of the Redevelopment Project. Failure to apply for either an approval or an extension within the required time periods means that any redevelopment of the area included in Phase II shall require an amendment to the PUD-Master Plan and the redevelopment of the area included in Phase II shall comply with the then current City regulations. Arden Plaza shall provide yearly updates to the City at the end of each year regarding the status of future phases. B. Arden Plaza shall apply for a PUD-Final Plan for Phase III of the Redevelopment Project no later than June 1, 2016, or, at least forty-five (45) days prior to such date, shall request an extension of time to apply for the PUD-Final Plan for Phase III. Failure to either apply for approval or an extension within the required time periods means that any development plan of the area included in Phase III shall require an amendment to the PUD-Master Plan and the development of the area included within Phase III shall be in compliance with the then current City regulations. C. The Redevelopment Project shall be completed in accordance with the Redevelopment Plan Documents as amended by the conditions of approval. Any significant changes to the Redevelopment Plan Documents, as determined by the City Planner, shall require review by the Planning Commission; and review and approval by the City Council. D. Arden Plaza shall provide yearly updates, on the anniversary date of the City’s approval of the PUD-Master Plan, to the City regarding the status of Phase II and Phase III. E. Wall signage shall not be transferable between tenants. Each sign shall require a separate sign permit prior to installation per the requirements of the City’s Sign Code and Design Standards. 6 174869v10 F. Arden Plaza shall patch and sealcoat the existing Arden Plaza parking lot on Lot 3, Block 1 on or before November 1, 2014. G. Arden Plaza has submitted a Letter of Credit in the amount of $26,000 for the improvements on Lot 3, Block 1 still to be completed. Arden Plaza shall maintain a letter of credit in the amount of 125 percent of the estimated cost of incomplete improvements in a form acceptable to the City Attorney until such improvements are completed. Upon completion of Arden Plaza’s Improvements and acceptance by the City, the City Council shall reduce the amount of security for the completed Improvements, provided that, in no case, shall the total remaining security be less than the 125 percent of the estimated cost of the incomplete Improvements. H. The following traffic mitigation measures shall be implemented to reduce the traffic impact of the development: 1. Ramsey County reserves the right to restrict left turn egress onto County Road E to improve operation, safety, and traffic management. 2. Stop signs, lane assignment signs, and other traffic control signs shall be provided by Arden Plaza at the County Road E and Lexington Avenue access points and shall be subject to City Engineer approval prior to installation. The City reserves the right to require the installation of other directional signage as deemed necessary by the City Engineer. I. Construction of Traffic Signals and Cost Sharing. 1. It is anticipated that full development of the PUD Master Plan, as illustrated in the Redevelopment Plan Documents, as well as the redevelopment of surrounding areas will cause traffic congestion on that portion of County Road E located between Snelling Avenue and Lexington Avenue. Therefore, the construction of Phase III of the PUD Master Plan is contingent upon the 7 174869v10 construction of a traffic signal improvement (“TS Improvement”) which would be located approximately 650 feet west of the intersection of County Road E and Lexington Avenue. 2. A portion of the cost of the TS Improvement will either be specially assessed against benefiting parcels, including the property located within the PUD Master Plan or, in the alternative, the parties will negotiate payment terms. In either event the cost to be paid by Arden Plaza shall be between 20 and 25 percent as determined by the City Council. In determining whether to assess up to 25 percent of the cost of the TS Improvement, the City shall take into consideration the assessment of up to 5 percent of the cost of the TS Improvement against other parcels located south of County Road E and beyond the boundaries of the PUD Master Plan that are benefited by such improvement. If special assessments are utilized, Arden Plaza agrees that the property included within the PUD Master Plan will receive a special benefit in the amount of 20-25% of the cost of the TS Improvement, as determined by the City Council, as a result of the TS Improvement and hereby waives any public hearing requirements contained in Minnesota Statutes Chapter 429 and further waives any right to appeal from a levy of such special assessment. The provisions of this Section shall apply even if the construction of the TS Improvement occurs prior to development of Phase III. 3. Arden Plaza shall prepare a Declaration of Covenants and Restrictions (“Covenants”) which shall include a notice of the future special assessment for the TS Improvement and a formula for portioning the cost of the special assessment of the parcels included within the plat of Arden Plaza redevelopment. In adopting the special assessment roll for the TS Improvement, the City shall comply with the formula contained in the Covenants. J. Development of Lot 2. Prior to the issuance of building permits for Lot 2, Arden Plaza shall provide a long-term plan for the existing retail center and parking lot as part of the approval for Phase II. 8 174869v10 K. Future Improvements/Assessments for the B-2 District Streetscape. The City anticipates constructing streetscape improvements on County Road E, adjacent to Lots 2 and 3. Arden Plaza hereby agrees to waive its right to appeal any special assessments levied against Lots 2 or 3 for streetscape improvements, associated with the implementation of the Guiding Plan for the B-2 District, provided that: 1. Such special assessment does not exceed an amount equal to $350 per lineal foot on County Road E; 2. The property within the Plat that is subject to the terms of this Restated Agreement is specially assessed in the same manner as other similarly situated properties; L. Arden Plaza shall convey temporary construction easements over Lots 2 and 3 to the City for implementing the County Road E streetscape improvements. The City shall reasonably restore the area of the temporary construction easement to its condition prior to construction of the streetscape improvements. 3. FINAL PLAT. A. Arden Plaza shall submit an agreement for shared management and maintenance of the parking areas, landscaping features, stormwater facilities, and common areas. The agreement shall be subject to City Attorney approval prior to the issuance of any building permits. 4. DEVELOPMENT CONTRACT-PHASE I. A. The City currently holds $15,839.25 in escrow for remaining landscaping improvements on Lot 1. The City will maintain the escrow until a final landscape inspection has been completed in August 2014. B. Wall signage for the building located on Lot 1 shall consist of no more than 156.4 square feet. Of this total, 48.8 square feet was approved specifically for the north building wall and 8.6 9 174869v10 square feet for the west building wall (PC #13-010). There are no restrictions on the distribution of the remaining 99 square feet of wall signage permitted for the building. 1. Wall signage shall be comprised of channel letter signs and shall not extend more than twelve (12) inches from the wall they are attached to. 2. Window decals shall only be located on the lower half of the central window and the two windows on either end of the north building façade. No more than 36 percent of the decals shall have a plain white background. Of the decals including photographic images, a minimum of 50 percent shall be images of Arden Hills. The applicant shall work with the City staff on finding appropriate photographs of the Arden Hills community to be included on the window decals. C. Future Improvements/Assessments for the B-2 District Streetscape. The City anticipates constructing streetscape improvements on County Road E, adjacent to Lot 1, Block 1, Arden Plaza. The Couch/JGC Trusts hereby agree to waive their rights to appeal any special assessments levied against Lot 1 for streetscape improvements, associated with the implementation of the Guiding Plan for the B-2 District, provided that: 1. Such special assessment does not exceed $25,000; however, in no event shall such assessment exceed an amount equal to $350 per lineal feet on County Road E regardless of the lot area of the applicable frontage property along County Road E subject to such assessment. For example, if certain property along County Road E consists of 287 lineal feet for frontage, an assessment of $25,000 as to such property would be acceptable regardless of lot size because it would amount to less than $350 per lineal feet ($25,000/287 = $87.11/lineal foot); 2. Lot 1 is specially assessed in the same manner as other similarly situated properties; 10 174869v10 3. Such special assessment shall be spread over the longest period of time permitted for those properties being assessed for the Streetscape Improvement Project; D. Couch/JGC Trusts shall grant temporary construction easements over Lot 1 to the City for implementing the County Road E streetscape improvements. The City shall reasonably restore the area of the temporary construction easement premises to its condition prior to construction of the streetscape improvements. E. In the event that trees located along a public right of way need to be removed due to road improvements, the property owner shall either transplant the trees or replace them on a one to one basis elsewhere within the area included in the PUD Master Plan, subject to City Planner approval. Nothing herein is a waiver by Arden Plaza to seek compensation from the condemning authority. 5. RELATIONSHIP OF PARTIES. No partnership or joint ventures established between the parties hereto by or under this Agreement or any agreement referenced herein. 6. SUCCESSORS AND ASSIGNS. This Restated Agreement shall be binding upon and inure to the benefit of the parties and their respected successors and assigns, including without limitation, any and all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with any interest in the Property. Should Arden Plaza or the Couch/JCG Trusts convey any lot or lots in the Plat to a third party, the city and the owner of that lot or those lots may amend the Master Plan or other city approvals for the development or use of those lots without the approval or consent of the other lot owners within the Plat. Private agreements between the owners of lots within the Plat for shared service or access and related matters necessary for the efficient use of the Property shall be the responsibility of the lot owners and shall not bind or restrict City authority or approve applications from any lot owner. 7. LIMITATION OF LIABILITY. Notwithstanding anything in this Agreement to the contrary, the liability of Arden Plaza and the Couch/JGC Trusts shall be limited to their ownership of lots 11 174869v10 within the Plat. Upon sale or conveyance of any Lot within the Plat, the transferee shall be liable for all obligations of the transferor relating to the Lot transferred and the transferor shall be automatically released from any further obligation, liability, right or responsibility in respect to such transfer. Moreover, nothing herein shall be construed to create a cause of action on behalf of the City against Arden Plaza or the Couch/JGC Trusts with respect to their business operations beyond the obligations set forth herein relating to the development and maintenance of the Lots within the Plat. 8. RECORDING OF DOCUMENT. This Agreement shall run with the Property and shall be recorded in the office of the Ramsey County Recorder or Registrar of Titles with proof thereof shown to the City prior to the issuance of any permits there under. 9. GOVERNING LAW. The City, Arden Plaza and the Couch/JGC Trusts agree that the laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the undersigned parties and performance under it without regard to principals of conflicts of law. The language of this Agreement is and shall be deemed a result of negotiations among the parties and the respective legal counsel and shall not be strictly extrude for or against any party. Each party agrees that any action arising out of or in connection with this Agreement shall be brought solely in the courts of the State of Minnesota, Second Judicial District, or the United States District Court for the District of Minnesota. 10. EVENT OF DEFAULT. The occurrence of any of the following shall be considered an “event of default” and the terms and conditions contained in this Agreement A. Failure of Arden Plaza or the Couch/JGC Trusts to comply with any of the terms and conditions contained in this Agreement as to the Lots owned by each within the Plat; and B. Failure of Arden Plaza or the Couch/JGC Trusts to comply with any applicable ordinance or statute with respect to the development of the Lots owned by each within the Plat. 12 174869v10 11. REMEDIES. Upon the occurrence of an event of default, the City, in addition to any other remedy which may be available to it, shall be permitted to do any of the following: A. City may make advances or take other steps to cure the default, and, where necessary, enter the Lots within the Plat for that purpose. The defaulting party shall pay all sums so advanced, or expenses incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate of 10% per annum or the maximum amount permitted by law if less than 10%. If no action taken by the City pursuant to this section shall be deemed to relieve the defaulting party from curing any such defaults to the extent that it is not cured by the City or from any other default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such default. Arden Plaza and the Couch/JGC Trusts shall save, indemnify, and hold harmless, including reasonable attorney’s fees, the City from liability or other damages which may be incurred as a result of the exercise of the City’s rights pursuant to this section against either party. B. Obtain an order from a Court of Competent Jurisdiction requiring the defaulting party to specifically perform its obligations pursuant to the terms and provisions of this Agreement. C. Exercise any other remedies which may be available to it, including an action for damages. D. Withhold the issuance of any building permits and/or prohibit the occupancy of all building which permits have been issued. E. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of an event of default, the defaulting party shall pay the City all fees and expenses, including reasonable attorney’s fees, engineering and consultant fees incurred by the City as a result of an event of default, whether or not a lawsuit or action is formally undertaking. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 13 174869v10 IN WITNESS WHEREOF, the City, Arden Plaza and the Couch/JGC Trusts have caused this Agreement to be executed as of the date and year first above written. CITY OF ARDEN HILLS By: ______________________________________ David Grant, Mayor (SEAL) And _____________________________________ Amy Dietl, City Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of _________________, 2015, by David Grant and by Amy Dietl, respectively the Mayor and City Clerk of the City of Arden Hills, a Minnesota statutory city, on behalf of the City and pursuant to the authority granted by its City Council. __________________________________________ Notary Public 14 174869v10 ARDEN PLAZA, LLC A Minnesota Limited Liability Company By: ______________________________________ Stephen B. Wellington, Chief Manager STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of _________________, 2015, by Stephen B. Wellington, the Chief Manager of Arden Plaza, LLC, a Minnesota limited liability company, on behalf of the limited liability company. __________________________________________ Notary Public 15 174869v10 PAMELA A. COUCH 2011 TRUST DATED NOVEMBER 15, 2011 By: ______________________________________ Pamela A. Couch, Trustee STATE OF ______________ ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _______ day of _________________, 2015, by Pamela A. Couch, as Trustee of the Pamela A. Couch 2011 Trust Dated November 15, 2011, on behalf of said Trust. __________________________________________ Notary Public 16 174869v10 JGC TRUST OF 2007 DATED AUGUST 14, 2007 By: ______________________________________ James G. Couch, Trustee STATE OF ______________ ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _______ day of _________________, 2015, by James G. Couch, as Trustee of the JGC Trust of 2007 Dated August 14, 2007, on behalf of said Trust. __________________________________________ Notary Public DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 (AMP/JJJ) 17 174869v10 MORTGAGE CONSENT TO MASTER PLANNED UNIT DEVELOPMENT AGREEMENT PHASE 1 – FINAL PLAN ARDEN PLAZA (PC# 09-011) SYMETRA LIFE INSURANCE COMPANY, which holds mortgage on the property, situated in the County of Ramsey, State of Minnesota, and legally described as: Lot 1, Block 1, Arden Plaza which mortgage was recorded as Ramsey County document number 2188989, the development of which is governed by the foregoing Master Planned Unit Development Agreement Phase I – Final Plan (PC #09- 011) by and between the City of Arden Hills and Arden Plaza, LLC dated July 13, 2009, agrees that the Planned Unit Development Agreement shall remain shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2015. SYMETRA LIFE INSURANCE COMPANY By: ______________________________________ _____________________________ [print name] Its ___________________________ And ______________________________________ _____________________________ [print name] Its _____________________________ 18 174869v10 STATE OF WASHINGTON ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ____________ 2015, by ______________________________ and by ______________________________ the _____________________ and __________________, respectively, of SYMETRA LIFE INSURANCE COMPANY, on behalf of said company. ________________________________________ Notary Public DRAFTED BY: Campbell, Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 (AMP/JJJ) 19 174869v10 MORTGAGE CONSENT TO MASTER PLANNED UNIT DEVELOPMENT AGREEMENT PHASE 1 – FINAL PLAN ARDEN PLAZA (PC# 09-011) AMERICAN BANK OF ST. PAUL, which holds mortgage on the property, situated in the County of Ramsey, State of Minnesota, and legally described as: Lot 2, Block 1, Arden Plaza Lot 3, Block 1, Arden Plaza which mortgage was recorded as Ramsey County document number 1803193, the development of which is governed by the foregoing Master Planned Unit Development Agreement Phase I – Final Plan (PC #09- 011) by and between the City of Arden Hills and Arden Plaza, LLC dated July 13, 2009, agrees that the Planned Unit Development Agreement shall remain shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2015. AMERICAN BANK OF ST. PAUL By: ______________________________________ _____________________________ [print name] Its ___________________________ And ______________________________________ _____________________________ [print name] Its _____________________________ 20 174869v10 STATE OF MINNESOTA ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ____________ 2015, by ______________________________ and by ______________________________ the _____________________ and __________________, respectively, of AMERICAN BANK OF ST. PAUL, on behalf of said corporation. ________________________________________ Notary Public DRAFTED BY: Campbell, Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 (AMP/JJJ) 21 174869v10 CONSENT ITEM – 5E MEMORANDUM DATE: May 11, 2015 TO: Honorable Mayor and City Council Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services Amy Dietl, City Clerk SUBJECT: Authorization to Appoint Public Works Seasonal Maintenance Worker Background City Council approved the appointment of eight Public Works Seasonal Maintenance Workers at their meeting of April 13, 2015. Since that time, staff has received the resignation of one of its full-time Public Works Maintenance Workers. Staff discussed the situation with the Personnel Committee and they recommended hiring one additional person from the original Public Works Seasonal Maintenance Worker recruitment. This will provide additional help with the summer work load as well as offer assistance during the transition period as a new full-time Public Works Maintenance Worker is hired. Discussion Staff received twelve applications and interviewed all applicants on April 3, 2015, for the original Public Works Seasonal Maintenance Worker recruitment. With an excellent pool of candidates to choose from; staff was able to contact another potential seasonal worker from that recruitment. Staff Recommendation A motion for authorization to hire Daniel Crist as a Public Works Seasonal Maintenance Worker. CONSENT ITEM – 5F MEMORANDUM DATE: May 11, 2015 TO: Honorable Mayor and City Council Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services Amy Dietl, City Clerk SUBJECT: Accept Public Works Maintenance Worker Resignation and Authorize Advertisement for the Public Works Maintenance Worker Vacancy Background On May 4, 2015, the City received Scott Freyberger’s letter of resignation. His last day of employment with the City of Arden Hills will be July 2, 2015. Staff Recommendation Motion to accept Scott Freyberger’s resignation as Public Works Maintenance Worker for the City of Arden Hills effective July 2, 2015, and authorization to advertise for the position of Public Works Maintenance Worker for the City of Arden Hills. Attachments Attachment A: Resignation Letter Page 1 of 1 DATE: May 11, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Terry Maurer, Public Works Director SUBJECT: County Road E/Pine Tree Drive Improvements Payment #1 Requested Action Approve Payment #1 to Park Construction, Inc., in the amount of $138,475.54 for the County Road E/Pine Tree Drive Improvements. Background The City Council awarded the County Road E/Pine Tree Drive Improvements to Park Construction, Inc., on February 9, 2015, in the amount of $1,349,913.06. Discussion This first pay request is for materials on-hand for the signal system that will be installed at the intersection of County Road E and Lexington Avenue. The pay request is in the amount of $138,475.54. According to the Contract, since this payment is for materials on-hand there is no retainage taken from this payment. Financial Implications Approximately eighty seven percent of the construction cost is being funded by Ramsey County through a Cooperative Agreement. The remaining construction cost is being funded by Municipal State Aid funds and assessments to the benefitted properties. Attachments Attachment A: Payment Estimate #1 CONSENT ITEM – 5G MEMORANDUM DATE: May 11, 2015 TO: City Councilmembers Patrick Klaers, City Administrator FROM: Mayor Grant SUBJECT: Rice Creek Commons (TCAAP) Development Discussion Opportunity for Residents Discussion Under this Public Hearing, citizens have an opportunity to discuss ideas regarding Rice Creek Commons (TCAAP) development. PUBLIC HEARING – 7A MEMORANDUM Page 1 of 2 DATE: May 11, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Terry Maurer, Public Works Director SUBJECT: Mounds View High School Trail Requested Action It is recommended that the Council take two actions. They are: 1. Approve entering into a Joint Powers Agreement with the City of New Brighton and Ramsey County for the construction of the Mounds View High School Trail. 2. Approve entering into an Agreement with the Mounds View Public Schools (District 621) for their contribution of $120,000 towards the project. Background/Discussion For the past several years the City has had an item in the Capital Improvement Plan (CIP) for the construction of a trail from Mounds View High School to the bridge over I-35W. The CIP item has been “floating” with no specified year for construction. Since MnDOT is planning to replace the bridge over I-35W this year, the trail project has moved forward in conjunction with that project. As discussed with the Council at the February 9, 2015, work session, the project includes approximately 1200 feet of bituminous trail from the new bridge to the most westerly Mounds View High School driveway where it connects with existing sidewalk. Due to the steep slopes on the south side of Lake Valentine Road, the project will also require the reconstruction, or the addition of concrete curb and gutter, on the south side of Lake Valentine Road and the overlay of the same 1200 feet of street. This “urbanization” of Lake Valentine Road will allow the trail to be built immediately behind the new curb and gutter thus minimizing the amount of retaining wall needed to create an area for the new trail. Attached is an exhibit that shows an overview of the project. Also, as discussed at the February work session, the trail project was combined with a much larger project in New Brighton on the west side of I-35W for bidding purposes. Bids were NEW BUSINESS - 8A MEMORANDUM Page 2 of 2 opened on Tuesday May 5, 2015. Five bids were received ranging in total price (New Brighton and Arden Hills work) from $3,538,506.61 to $3,810,127.70. The Arden Hills’ portion of the project based on the low bid submitted by Bituminous Roadways is $522,423.30. This amount is significantly higher than the February estimate of $400,000. Most of the overage appears to be in concrete items such as retaining wall and curb and gutter as well as a small general “across the board” increase that reflects the amount of work in the metro area. With a few very minor exceptions, the entire cost is fundable by Municipal Stare Aid funds. Attached is a Joint Powers Agreement prepared by New Brighton and reviewed by our City Attorney for payment of our share of the construction cost plus 5% for bidding and administration, shop drawing review, construction staking and construction observation. A small amount of testing will be contracted separately. Staff would recommend approval by Council to enter into the Joint Powers Agreement for the Mounds View Trail. At the February work session, staff reported on preliminary discussions with the Mounds View School District relative to financial participation in the project. At that time the School District indicated that they would contribute $80,000 and may consider raising that to $100,000. Through negotiations staff has been able to get the School District to increase their contribution to $120,000. Attached is an Agreement that was prepared by our City Attorney and reviewed by the School District’s Attorney. Staff would recommend approval of the Agreement for the School District’s contribution. Attachments Attachment A: Exhibit showing project Attachment B: Joint Powers Agreement Attachment C: Agreement Page 1 of 1 NEW BUSINESS – 8B MEMORANDUM DATE: May 11, 2015 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: Presbyterian Homes Request for Conduit Debt Financing Action Requested Approval of Resolution 2015-032, calling for a public hearing and authorizing publication of a notice of public hearing with respect to the proposed issuance of revenue bonds under Minnesota Statutes for the benefit of Presbyterian Homes of Arden Hills, Inc. Background The City has issued Conduit Debt for Presbyterian Homes in the past and is now looking to proceed with Phase 2 of their development, the Johanna Shores Brownstones. Discussion Presbyterian Homes of Arden Hills, Inc. 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. In the attached letter from the City’s Bond Counsel, John Utley, the project is summarized and outlines the process needed to proceed with this request. The initial resolution approves the form of a notice of public hearing and authorizes its publication to be held on June 8, 2015. The City’s Bond Counsel, John Utley and a representative from the Presbyterian Homes will be present to discuss this matter with the City Council. Attachment Attachment A: Letter from John Utley, Kennedy & Graven Letter Attachment B: Resolution 2015-032 1 Wednesday, May 6, 2015 Patrick Klaers Administrator City of Arden Hills 1245 Highway 96 West Arden Hills, Minnesota 55112-5743 Re: Presbyterian Homes of Arden Hills, Inc. — Phase II of the Minimum Improvements At its meeting on Monday, May 11, 2015, the City Council of the City of Arden Hills (the “City”) will consider a resolution (the “Initial Resolution”), which establishes a date for a public hearing (on Monday, June 8, 2015) with respect to a proposal from Presbyterian Homes of Arden Hills, Inc., a Minnesota nonprofit corporation (the “Company”), that the City issue revenue obligations (the “Revenue Obligations”) under the Municipal Housing Act, Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), to finance the proposed development by the Company of a senior housing facility comprised of forty (40) independent- living, rental apartments to be located in two buildings (twenty (20) apartments per building), together with necessary common areas and community space, to be located as 3200 Lake Johanna Boulevard in the City (the “Project”). The Project will constitute the second phase of the Minimum Improvements proposed to be developed by the Company under a Contract for Private Development, dated December 20, 2010 (the “Development Contract”), between the City and the Company. The Initial Resolution approves the form of a notice of public hearing and authorizes its publication. If the Initial Resolution is adopted by the City Council of the City, the notice of public hearing will be published in the Shoreview-Arden Hills Bulletin once at least fifteen (15) days prior to the proposed public hearing. The Initial Resolution directs and authorizes the preparation of a housing program in accordance with the requirements of the Housing Act and directs and authorizes the submission of the housing program to the Metropolitan Council for its review and comment. Upon adoption of the Initial Resolution, a housing program with respect to the Project (the “Housing Program”) will be prepared and delivered to the Metropolitan Council on or before the date of publication of the notice of public hearing requesting review of the Housing Program and the submission of any comments to the City. Following the public hearing, it is proposed that the City Council consider a resolution (the “Preliminary Resolution”) which takes the following actions: (i) approves the Housing Program; (ii) grants preliminary approval to the issuance of the Revenue Obligations by the City to finance the Project; and (iii) authorizes certain actions to be taken by the City and the Company in connection with the financing of the Project. The Company may request that the Revenue Obligations be issued as “qualified tax-exempt obligations” as defined in Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”). Qualified tax-exempt obligations are sometimes referred to as “bank-qualified bonds.” Since no issuer of tax- exempt bonds may designate more than $10,000,000 of tax-exempt bonds as bank-qualified bonds in a calendar year, the Company may request that the City issue $10,000,000 of the Revenue Obligations in calendar year 2015 and up to an additional $2,000,000 of the Revenue Obligations in calendar year 2016, or 2 in order to ensure that all Revenue Obligations are issued in calendar year 2015, the Company may request that the City authorize one or more other political subdivisions of the State to issue the remaining $2,000,000 of Revenue Obligations to finance the Project. The Company has previously agreed that the administrative fee payable by the Company under Section 7.1(b) of the Development Contract will be paid by the Company to the City with respect to all the Revenue Obligations regardless of the actual issuer of the Revenue Obligations. If all the Revenue Obligations are to be issued in calendar year 2015, then in exchange for such fee payment, the Company will ask that the City waive the application of Section 7.1(d) which precludes the issuance of any of the Revenue Obligations by any unit of government other than the City. The Preliminary Resolution will be drafted to authorize the issuance of the entire $12,000,000 of Revenue Obligations by the City because the Company may alter its plans regarding the issuance of the Revenue Obligations as bank-qualified bonds (in which case the City would be asked to issue the entire $12,000,000 of Revenue Obligations) and because the Housing Program references the entire $12,000,000 of Revenue Obligations to be issued to finance the Project. If the City Council adopts the Preliminary Resolution, the Company will enter into negotiations with one or more purchasers of the Revenue Obligations and provide for the preparation of the Revenue Obligations and of the documents securing the Revenue Obligations. Once the Revenue Obligations and such documentation are in appropriate form, the City will request that the City Council consider and adopt a final resolution authorizing the issuance of the Revenue Obligations to be issued by the City and, if applicable, approving the issuance by other governmental units of any portion of the Revenue Obligations to be issued by such other jurisdictions. Please contact the undersigned at your convenience with any questions with regard to the foregoing. KENNEDY & GRAVEN, CHARTERED John Utley AR200-016 (JU) 461149v.1 1 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2015-032 RESOLUTION CALLING FOR A PUBLIC HEARING AND AUTHORIZING PUBLICATION OF A NOTICE OF PUBLIC HEARING WITH RESPECT TO THE PROPOSED ISSUANCE OF REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED, FOR THE BENEFIT OF PRESBYTERIAN HOMES OF ARDEN HILLS, INC. WHEREAS, the City of Arden Hills, Minnesota (the “City”) is a statutory city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, under the Minnesota Housing Act, Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), any statutory or home rule charter city may issue revenue bonds or obligations to make a loan to finance a multifamily housing development, including the preparation and construction of a new development and the improvement of an existing building and site by a nonprofit corporation which will operate the building as a multifamily housing development for rental primarily to elderly or disabled persons; and WHEREAS, in the making of a multifamily housing development loan and the issuance of revenue bonds or other obligations under the Housing Act, a city may exercise within its corporate limits any of the powers the Minnesota Housing Finance Agency may exercise under the terms of the Housing Finance Agency Act, Minnesota Statutes, Chapter 462A, as amended; and WHEREAS, Presbyterian Homes of Arden Hills, Inc., a Minnesota nonprofit corporation (the “Company”), and the City entered into a Contract for Private Development, dated December 20, 2010 (the “Development Contract”), pursuant to which the City agreed to issue revenue bonds to finance senior housing facilities (the “Minimum Improvements”) the first phase of which was comprised of independent living units, assisted living units, and memory-care units (a combined total of approximately 200 dwelling units) located at 3120 and 3220 Lake Johanna Boulevard in the City (“Phase I”); and WHEREAS, the Company is prepared to commence the construction of the second phase of the Project (“Phase II”) to be comprised of forty (40) independent-living, rental apartments to be located in two buildings (twenty (20) apartments per building), together with necessary common areas and community space, to be located as 3200 Lake Johanna Boulevard in the City; and WHEREAS, the Company has requested that the City authorize the issuance of revenue bonds or other revenue obligations (the “Bonds”), in a principal amount of approximately $12,000,000, under the terms of the Housing Act to finance a portion of the following: (i) the construction and the equipping of Phase II of the Minimum Improvements; (ii) the payment of a portion of the interest on the Bonds; and (iii) the payment of a portion of the costs of issuing the Bonds; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder, require that prior to the issuance of the Bonds, the City Council (the “Council”) 2 of the City must authorize the publication of a notice of public hearing at least once, not less than fourteen (14) days prior to the date fixed for the public hearing, in a newspaper of general circulation within the City and following such public hearing the Council must approve the financing of Phase II of the Minimum Improvements and the issuance of the Bonds; and WHEREAS, Section 462C.05 of the Housing Act requires that, prior to issuance of the Bonds by the City, a housing program with respect to Phase II of the Minimum Improvements (the “Program”) must be prepared and must be adopted by the City Council of the City after a public hearing on the Program following one publication of a notice in a newspaper circulating generally in the City at least fifteen (15) days before the public hearing; and WHEREAS, on or before the day the notice of public hearing is published, the City must submit the Program to the Metropolitan Council for its review and comments as to whether the Program furthers local and regional housing policies; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ARDEN HILLS, MINNESOTA: 1. At the request of the Company, the Council shall meet at 7:00 p.m. on Monday, June 8, 2015, to conduct a public hearing with regard to the adoption of the Program and with regard to granting preliminary authorization to the issuance of the Bonds as requested by the Company. 2. The City hereby approves publication of a notice of the public hearing in the Shoreview- Arden Hills Bulletin, a newspaper of general circulation in the City at least once not less than fifteen (15) days prior to the date of the public hearing. The form of the notice is attached hereto as EXHIBIT A and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as the Mayor and Administrator of the City in their discretion shall determine. 3. The administrative staff of the City is hereby authorized, with the assistance of Kennedy & Graven, Chartered, as bond counsel to the City, to prepare the Program and submit the Program to the Metropolitan Council on or before the date of publication of the notice of public hearing. 4. The adoption of this Resolution does not constitute a guaranty or firm commitment that the City will issue the Bonds as requested by the Company. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds, or to issue the Bonds in an amount less that the amount referred to herein, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Bonds, or to issue the Bonds in an amount less than the amount referred to above, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. ADOPTED BY THE COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA ON THIS MAY 11, 2015. _______________________________ David Grant, Mayor _____________________________ Amy Dietl, City Clerk EXHIBIT A FORM OF NOTICE OF PUBLIC HEARING CITY OF ARDEN HILLS, MINNESOTA NOTICE OF A PUBLIC HEARING WITH RESPECT TO A PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT AND THE ISSUANCE OF REVENUE BONDS TO FINANCE THE MULTIFAMILY HOUSING DEVELOPMENT IN ACCORDANCE WITH THE PROVISIONS OF MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED NOTICE IS HEREBY GIVEN that the City Council of the City of Arden Hills, Minnesota (the “City”) will hold a public hearing on Monday, June 8, 2015, on or after 7:00 p.m. at City Hall, 1245 Highway 96 West, Arden Hills, Minnesota 55112-5743, to consider the adoption of a housing program for a multifamily housing development (the “Program”) and to grant preliminary approval for the issuance of revenue bonds of the City (the “Bonds”) under Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), to finance a loan to Presbyterian Homes of Arden Hills, Inc., a Minnesota nonprofit corporation (the “Company”), with respect to the following: (i) the construction and equipping of a senior housing facility comprised of forty (40) independent-living, rental apartments to be located in two buildings (twenty (20) apartments per building), together with necessary common areas and community space, to be located as 3200 Lake Johanna Boulevard in the City (the “Project”); (ii) the payment of a portion of the interest on the Bonds; and (iii) the payment of a portion of the costs of issuing the Bonds. The Project will be owned and operated by the Company. At the public hearing, the City Council will consider the adoption of a resolution approving the Program with respect to the Project and giving preliminary approval to the issuance of the Bonds to finance the costs of the Program and the Project. The aggregate face amount of the Bonds proposed to be issued to finance the Program and the Project is presently estimated not to exceed $12,000,000. The Bonds will be issued by the City and will constitute limited obligations of the City payable solely from the revenues expressly pledged to the payment thereof, and will not constitute general obligations of the City and will not be secured by any taxing powers of the City nor any assets or property of the City except the interests of the City in the Project that may be granted to the City in conjunction with this financing. The City may authorize certain other political subdivisions of the State of Minnesota to issue bonds to finance a portion of the Project. A copy of the Program has been submitted to the Metropolitan Council as required by the terms of the Housing Act and is on file in the offices of the City Administrator at 1245 Highway 96 West, Arden Hills, Minnesota, on and after the date of publication of this notice. Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. Written comments will be considered if submitted to the attention of the Administrator on or before the date of the public hearing. Dated: [Date of Publication] BY ORDER OF THE CITY OF ARDEN HILLS, MINNESOTA AR200-016 (JU) 461115v.1 �l � Gj I VC kl (, d,- L' " �-vl l/�-LJ l/l.L W W LL S D'1�'�C�ZJv rn GZ.�r C►'. 1 8 7 9 Office of Security and Safety B E T H E L Andrew Luchsinger,Chief UNIVERSITY 39oo Bethel Drive • Arden Hills, MN 55112 Telephone(651) 638.6400 May 8, 2015 To:Arden Hills City Council RE: Ona Orth Athletic Complex Parking and Safety Recommendation Dear Council Members, In an effort to address pedestrian and vehicular safety concerns related to event parking at the Ona Orth Athletic Complex, Bethel University would like to recommend collaboration with Ramsey County P blit Works in order to designate and sign the east side(north bound lane) of Old Snelling A ienue"no parking".We would recommend the same distance that a no parking section has been established on the west side (south bound lane)of Old Snelling be established on the east side as well,particularly north of the entrance to our University. To alleviate demand for road parking,Bethel University would furthermore establish reserved parking forevent constituents as necessary on campus.Event constituents would then be encouraged to only cross Old Snelling avenue at the marked and signalized crosswalk maintained by the University. Communication to attendants would encourage the use of the reserved parking. Bethel has in the past and will continue to contract off-duty Ramsey County deputies to provide additional traffic control on public roadways during larger scale events that dramatically increase the traffic coming in and out of the University. We believe that combined,these efforts would reduce if not eliminate parking along Old Snelling for events at the athletic complex. Sincerely, ~ ANDREW LUCH LAGER, CHIEF Office of Security and Safety S�OR11Y& Cj- Bethel University =' CC: Glenn Hoffer, Bob Bjorklund LOVE