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06-29-15-R
APPROVAL 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. PUBLIC PRESENTATIONS 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. Ramsey County Commissioner Jim McDonough Amy Dietl, City Clerk MEMO.PDF 2014 Audit Presentation Sue Iverson, Director of Finance and Administrative Services Aaron Nielson, MMKR MEMO.PDF Presentation Of GFOA Awards Sue Iverson, Director of Finance and Administrative Services Darin Nelson, President of MnGFOA MEMO.PDF Night To Unite Update And Proclamation Amy Dietl, City Clerk MEMO.PDF STAFF COMMENTS Rice Creek Commons - TCAAP - Update Jill Hutmacher, Community Development Director MEMO.PDF Transportation Update Terry Maurer, Public Works Director MEMO.PDF APPROVAL OF MINUTES Draft Minutes May 4, 2015, Special City Council Work Session May 4, 2015, Special City Council Meeting May 11, 2015, Regular City Council Meeting May 18, 2015, City Council Work Session May 26, 2015, Regular City Council Meeting 05 -04 -15 -SPECIAL.PDF, 05 -04 -15 -WS.PDF, 05 -11 -15 -R.PDF, 05 -18 -15 -WS.PDF, 05 -26 -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 Planning Case 15 -010 - Minor Subdivision - 3517 Siems Court Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF, ATTACHMENT F.PDF Approval Of PUD Amendment Agreement - Planning Case 14 -031 - Presybterian Homes Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF Planning Case 15 -009 - CUP Amendment Agreement - Bethel University Ryan Streff, City Planner CC MEMO.PDF, ATTACHMENT A.PDF Presbyterian Homes Conduit Debt Financing Sue Iverson, Director of Finance and Administrative Services MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF Planning Case 15 -011 - Code Amendment - Parking Regulations Ryan Streff, City Planner CC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF Accept 2014 Audit Report Sue Iverson, Director of Finance and Administrative Services MEMO.PDF Consider Motion To Appoint Public Works Maintenance Worker Sue Iverson, Director of Finance and Administrative Services Amy Dietl, City Clerk MEMO.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. Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Sue Iverson, Director of Finance and Administrative Services Pang Silseth, Accounting Clerk MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF NEW BUSINESS UNFINISHED BUSINESS Recommendation On Compensation And Benefits Changes Sue Iverson, Director of Finance and Administrative Services MEMO.PDF Consider Motion To Appoint Deputy Clerk Sue Iverson, Director of Finance and Administrative Services MEMO.PDF COUNCIL COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Robert Woodburn Regular City Council Agenda June 29, 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: 3.D. Documents: 4. 4.A. Documents: 4.B. Documents: 5. 5.A. Documents: 6. 6.A. Documents: 6.B. Documents: 6.C. Documents: 6.D. Documents: 6.E. Documents: 6.F. Documents: 6.G. Documents: 6.H. Documents: 7. 8. 8.A. Documents: 9. 10. 10.A. Documents: 10.B. Documents: 11. 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.PUBLIC PRESENTATIONSPublic 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.Ramsey County Commissioner Jim McDonoughAmy Dietl, City ClerkMEMO.PDF2014 Audit PresentationSue Iverson, Director of Finance and Administrative ServicesAaron Nielson, MMKRMEMO.PDFPresentation Of GFOA Awards Sue Iverson, Director of Finance and Administrative Services Darin Nelson, President of MnGFOA MEMO.PDF Night To Unite Update And Proclamation Amy Dietl, City Clerk MEMO.PDF STAFF COMMENTS Rice Creek Commons - TCAAP - Update Jill Hutmacher, Community Development Director MEMO.PDF Transportation Update Terry Maurer, Public Works Director MEMO.PDF APPROVAL OF MINUTES Draft Minutes May 4, 2015, Special City Council Work Session May 4, 2015, Special City Council Meeting May 11, 2015, Regular City Council Meeting May 18, 2015, City Council Work Session May 26, 2015, Regular City Council Meeting 05 -04 -15 -SPECIAL.PDF, 05 -04 -15 -WS.PDF, 05 -11 -15 -R.PDF, 05 -18 -15 -WS.PDF, 05 -26 -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 Planning Case 15 -010 - Minor Subdivision - 3517 Siems Court Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF, ATTACHMENT F.PDF Approval Of PUD Amendment Agreement - Planning Case 14 -031 - Presybterian Homes Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF Planning Case 15 -009 - CUP Amendment Agreement - Bethel University Ryan Streff, City Planner CC MEMO.PDF, ATTACHMENT A.PDF Presbyterian Homes Conduit Debt Financing Sue Iverson, Director of Finance and Administrative Services MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF Planning Case 15 -011 - Code Amendment - Parking Regulations Ryan Streff, City Planner CC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF Accept 2014 Audit Report Sue Iverson, Director of Finance and Administrative Services MEMO.PDF Consider Motion To Appoint Public Works Maintenance Worker Sue Iverson, Director of Finance and Administrative Services Amy Dietl, City Clerk MEMO.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. Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Sue Iverson, Director of Finance and Administrative Services Pang Silseth, Accounting Clerk MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF NEW BUSINESS UNFINISHED BUSINESS Recommendation On Compensation And Benefits Changes Sue Iverson, Director of Finance and Administrative Services MEMO.PDF Consider Motion To Appoint Deputy Clerk Sue Iverson, Director of Finance and Administrative Services MEMO.PDF COUNCIL COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungRobert Woodburn Regular City Council Agenda June 29, 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: 3.D. Documents: 4. 4.A. Documents: 4.B. Documents: 5. 5.A. Documents: 6. 6.A. Documents: 6.B. Documents: 6.C. Documents: 6.D. Documents: 6.E. Documents: 6.F. Documents: 6.G. Documents: 6.H. Documents: 7. 8. 8.A. Documents: 9. 10. 10.A. Documents: 10.B. Documents: 11. 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.PUBLIC PRESENTATIONSPublic 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.Ramsey County Commissioner Jim McDonoughAmy Dietl, City ClerkMEMO.PDF2014 Audit PresentationSue Iverson, Director of Finance and Administrative ServicesAaron Nielson, MMKRMEMO.PDFPresentation Of GFOA AwardsSue Iverson, Director of Finance and Administrative ServicesDarin Nelson, President of MnGFOAMEMO.PDFNight To Unite Update And ProclamationAmy Dietl, City ClerkMEMO.PDFSTAFF COMMENTSRice Creek Commons - TCAAP - UpdateJill Hutmacher, Community Development DirectorMEMO.PDFTransportation UpdateTerry Maurer, Public Works DirectorMEMO.PDFAPPROVAL OF MINUTESDraft MinutesMay 4, 2015, Special City Council Work SessionMay 4, 2015, Special City Council MeetingMay 11, 2015, Regular City Council MeetingMay 18, 2015, City Council Work SessionMay 26, 2015, Regular City Council Meeting05-04 -15 -SPECIAL.PDF, 05 -04 -15 -WS.PDF, 05 -11 -15 -R.PDF, 05 -18 -15 -WS.PDF, 05 -26 -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.PDFPlanning Case 15 -010 - Minor Subdivision - 3517 Siems CourtMatthew Bachler, Associate PlannerMEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF, ATTACHMENT F.PDF Approval Of PUD Amendment Agreement - Planning Case 14 -031 - Presybterian Homes Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF Planning Case 15 -009 - CUP Amendment Agreement - Bethel University Ryan Streff, City Planner CC MEMO.PDF, ATTACHMENT A.PDF Presbyterian Homes Conduit Debt Financing Sue Iverson, Director of Finance and Administrative Services MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF Planning Case 15 -011 - Code Amendment - Parking Regulations Ryan Streff, City Planner CC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF Accept 2014 Audit Report Sue Iverson, Director of Finance and Administrative Services MEMO.PDF Consider Motion To Appoint Public Works Maintenance Worker Sue Iverson, Director of Finance and Administrative Services Amy Dietl, City Clerk MEMO.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. Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Sue Iverson, Director of Finance and Administrative Services Pang Silseth, Accounting Clerk MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF NEW BUSINESS UNFINISHED BUSINESS Recommendation On Compensation And Benefits Changes Sue Iverson, Director of Finance and Administrative Services MEMO.PDF Consider Motion To Appoint Deputy Clerk Sue Iverson, Director of Finance and Administrative Services MEMO.PDF COUNCIL COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungRobert Woodburn Regular City Council Agenda June 29, 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:3.D.Documents:4.4.A.Documents:4.B.Documents:5.5.A.Documents:6.6.A.Documents:6.B.Documents: 6.C. Documents: 6.D. Documents: 6.E. Documents: 6.F. Documents: 6.G. Documents: 6.H. Documents: 7. 8. 8.A. Documents: 9. 10. 10.A. Documents: 10.B. Documents: 11. 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.PUBLIC PRESENTATIONSPublic 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.Ramsey County Commissioner Jim McDonoughAmy Dietl, City ClerkMEMO.PDF2014 Audit PresentationSue Iverson, Director of Finance and Administrative ServicesAaron Nielson, MMKRMEMO.PDFPresentation Of GFOA AwardsSue Iverson, Director of Finance and Administrative ServicesDarin Nelson, President of MnGFOAMEMO.PDFNight To Unite Update And ProclamationAmy Dietl, City ClerkMEMO.PDFSTAFF COMMENTSRice Creek Commons - TCAAP - UpdateJill Hutmacher, Community Development DirectorMEMO.PDFTransportation UpdateTerry Maurer, Public Works DirectorMEMO.PDFAPPROVAL OF MINUTESDraft MinutesMay 4, 2015, Special City Council Work SessionMay 4, 2015, Special City Council MeetingMay 11, 2015, Regular City Council MeetingMay 18, 2015, City Council Work SessionMay 26, 2015, Regular City Council Meeting05-04 -15 -SPECIAL.PDF, 05 -04 -15 -WS.PDF, 05 -11 -15 -R.PDF, 05 -18 -15 -WS.PDF, 05 -26 -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.PDFPlanning Case 15 -010 - Minor Subdivision - 3517 Siems CourtMatthew Bachler, Associate PlannerMEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF, ATTACHMENT F.PDFApproval Of PUD Amendment Agreement - Planning Case 14 -031 - Presybterian HomesMatthew Bachler, Associate PlannerMEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDFPlanning Case 15 -009 - CUP Amendment Agreement - Bethel UniversityRyan Streff, City PlannerCC MEMO.PDF, ATTACHMENT A.PDFPresbyterian Homes Conduit Debt FinancingSue Iverson, Director of Finance and Administrative ServicesMEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDFPlanning Case 15 -011 - Code Amendment - Parking RegulationsRyan Streff, City PlannerCC MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDFAccept 2014 Audit ReportSue Iverson, Director of Finance and Administrative ServicesMEMO.PDFConsider Motion To Appoint Public Works Maintenance WorkerSue Iverson, Director of Finance and Administrative ServicesAmy Dietl, City ClerkMEMO.PDFPULLED CONSENT ITEMSThose 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 HEARINGSUnder 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. Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Sue Iverson, Director of Finance and Administrative Services Pang Silseth, Accounting Clerk MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF NEW BUSINESS UNFINISHED BUSINESS Recommendation On Compensation And Benefits Changes Sue Iverson, Director of Finance and Administrative Services MEMO.PDF Consider Motion To Appoint Deputy Clerk Sue Iverson, Director of Finance and Administrative Services MEMO.PDF COUNCIL COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungRobert Woodburn Regular City Council Agenda June 29, 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:3.D.Documents:4.4.A.Documents:4.B.Documents:5.5.A.Documents:6.6.A.Documents:6.B.Documents:6.C.Documents:6.D.Documents:6.E.Documents:6.F.Documents:6.G.Documents:6.H.Documents:7.8.8.A. Documents: 9. 10. 10.A. Documents: 10.B. Documents: 11. Page 1 of 1 DATE: June 29, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Amy Dietl, City Clerk SUBJECT: Ramsey County Commissioner – Jim McDonough Background/Discussion Ramsey County Commissioner Jim McDonough has requested to address the City Council on the TCAAP Redevelopment and proposed Comprehensive Plan. STAFF COMMENTS – 3A MEMORANDUM A Bench copy distributed by Commissioner Jim McDonough at the meeting. JIM MCDONOUGH BOARD OF RAMSEY COUNTY COMMISSIONERS DISTRICT 6 220 COURT HOUSE SAINT PAUL,MINNESOTA 55102 TEL. (651)266-8350 FAX (651)266-8370 June 29, 2015 Mayor David Grant 1245 W. Highway 96 Arden Hills, MN 55112-5794 Dear Mayor Grant: Thank you for the diligent and thorough work the City Council and staff have done on the TCAAP Master Plan (Master Plan) and the TCAAP Redevelopment Code (TRC) over the past 18 months. The Ramsey County Board of Commissioners is excited about moving forward with the redevelopment of the former TCAAP site. We want a speedy and thoughtful conclusion of the work on the Master Plan and TRC so that the master developer can begin work with the Joint Development Authority for the orderly and timely redevelopment of the site. As a reviewing authority under Minnesota Statutes §473.175, as well as partner to the City on the Joint Development Authority, we offer the following comments concerning the TCAAP Master Plan and the TRC. We acknowledge the Master Plan and TRC outlines a departure from rest of Arden Hills. We applaud this forward thinking plan but want to express concerns that the current densities identified in the plan fail to provide the flexibility we wish to see in accommodating and responding to future markets; thereby making it difficult to justify and sustain high quality transit service to the site and limiting the ability of the site to deliver the elements that will set it apart as a unique redevelopment. Flexibility We urge the City Council to review the Master Plan and TRC through the lens of valuing flexibility for accommodating and responding to future markets, future transit needs, and providing a mix of housing including lifecycle and workforce housing. The limit on dwelling unit count in the Master Plan and TRC as they currently stand may present a material limitation to developers as they consider development of the site and the potential for achieving the goals of the Master Plan and the TRC as we jointly articulated Minnesota's First Home Rule County printed on recycled paper with a minimum of io%post consumer content Mayor David Grant June 29, 2015 Page 2 in the JPA. In our discussions with developers, and in the City Council's discussions, we heard a similar theme—flexibility is essential. We ask that you allow a maximum build- out scenario of up to 1,700 units to take full advantage of the opportunities in today's market, and future opportunities that may be presented through a master developer. Transit From the start of the master planning process, we have heard the City Council express the need for higher-frequency bus service and support of Bus Rapid Transit (BRT). We concur. We also understand that high-frequency transit demands density in housing and employment to support it. The current density planned for housing falls short of meeting the Met Council's 2040 Systems Statement goal of 10-15 units per acre within mile of a high-frequency or BRT line. While we view transit as important, residents, employers and workers are also increasingly demanding high quality transit options when choosing where to live, work and invest. Doug Baker, CEO of Ecolab and Chair of Greater MSP's taskforce on talent retention and attraction, recently noted that "highly prized talent have options for mobility. If they don't connect here, they will move on." Let us not miss the opportunity to position the site now for high quality transit. We know from the experience of Metro area suburban communities that high-frequency transit service to provide for workforce penetration into a community is essential for continued economic growth and business retention. In particular, we draw your attention to Shakopee's experience in which its successful bid for Amazon has been stymied by an inability to attract employees due to a lack of a lack of transit service to that suburb. We want to make sure we do not set ourselves up for a similar outcome. "Uniqueness" Time and again, we heard at public open houses, from residents and business owners, and from real estate and development professionals, that the redevelopment of TCAAP calls for "uniqueness". This has been described in terms of amenities (trails, parks, gathering spaces, entrances to the site), as well as destinations (grocery, restaurants, retail). We believe the Master Plan and TRC has the makings of a unique community, but density of housing and commercial development will drive this uniqueness. We believe that the current planned density falls short of providing an adequate economic return for developers who would seek to incorporate unique features and amenities into their development plans. These amenities include bike and pedestrian facilities, passive and active parks, a civic amenity in the Town Square, and a high-level finish in Mayor David Grant June 29, 2015 Page 3 terms of landscape architecture. The project can help fund these amenities if it meets certain goals and metrics for overall density and other land-use goals. We have heard some in the community suggest that alignment between the city's and county's goals and housing densities is not important at this time because a developer is going to come in and alter the plans in the future. We submit that alignment is important because the Master Plan is more of a reflection of the vision of the two public partners than it is about number of housing units or lines on a map. Disagreement now means developers will either be confused about our goals and be less interested in the site or, worse, lose a chance for an important employer to locate here. We appreciate the opportunity to comment on the Master Plan and TRC. The partnership we have with Arden Hills is essential in moving this redevelopment forward. This site represents the only opportunity for this scale of redevelopment in the Metro area. We want to make sure we get this right. Sincerely, Jim McDonough, Chair Commissioner PUBLIC PRESENTATIONS – 3B MEMORANDUM DATE: June 29, 2015 TO: Honorable Mayor and City Council Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: 2014 City Financial Statements Background/Discussion: The City’s 2014 Financial Statements have been completed submitted to both the State Auditor and the GFOA. The City’s auditor, Aaron Nielsen from MMKR, will be present at the June 29, 2015, City Council meeting to give an overview and answer questions. The auditors have issued an unmodified (“clean”) opinion on our financial statements for the year ended December 31, 2014. The total general fund balance at December 31, 2014 was $2,345,942 with $2,324,883 of available balance ($21,059 of the ending balance was in prepaid items) or 50% of total general fund budgeted expenditures for 2015. The general fund balance decreased by $19,764. The City’s total net assets increased by $3,362,962. The combined ending fund balances for governmental funds were $10,930,083; the combined ending working capital balance for the enterprise funds were $1,793,112, and internal service funds were $462,759. We have completed the report in the form prescribed by the Government Finance Officer s Association of United States and Canada (GFOA) for their Certificate of Achievement for Excellence in Financial Reporting. In order to qualify for this, the report has to be published in an easily readable and efficiently organized Comprehensive Annual Financial Report (CAFR) that satisfies both accounting principles generally accepted in the United States of America and applicable legal requirements As a note of information, the Auditing Standards are constantly increasing and changing. With these changes, you may see increased findings. This does not mean that the City has done anything wrong compared to previous years, only that the reporting requirements have become much stricter. Many cities are experiencing these findings, and the findings are expected to increase for all cities as these standards become stricter. We did receive one finding as reported in the Special Purpose Report on Withholding Affidavits on two contracts. We have reviewed our procedures to ensure that certificates are obtained in the future. We are pleased with the outcome of the audit. City Council Meeting P:\Admin\Council\Agendas & Packet Information\2015\06-29-15-R\Sue\3B - GFOA Awards\Financial Awards 6-2014.doc Page 1 of 2 PUBLIC PRESENTATIONS – 3C MEMORANDUM DATE: June 29, 2015 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: GFOA Financial Awards Presentation Background The Government Finance Officers Association of the United States and Canada (GFOA) has three award programs which promote best practices in Budget and Financial reporting. The Certificate of Achievement for Excellence in Financial Reporting or CAFR award is for entities whose Comprehensive Annual Financial Report (CAFR) achieves the highest standards in government accounting and financial reporting. This is our financial statement. The Award for Outstanding Achievement in Popular Annual Financial Reporting, or PAFR, is given to entities who publish a Popular Annual Financial Report (PAFR) whose contents conform to program standards of creativity, presentation, understandability and reader appeal. This report is primarily for the “non-finance” person in an easy to understand format. We send this report out annually in our newsletter. The Distinguished Budget Presentation Award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meet the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity’s budget serves as a policy document, financial plan, operations guide, and a communications device. City Council Meeting P:\Admin\Council\Agendas & Packet Information\2015\06-29-15-R\Sue\3B - GFOA Awards\Financial Awards 6-2014.doc Page 2 of 2 Current Discussion We are pleased to inform the Council and the public that Arden Hills has received all three awards from the GFOA. These awards are for: CAFR – 2013, PAFR – 2013, and Budget – 2014. Darin Nelson, President on the Board of Directors of the Minnesota Government Finance Officers Association (MnGFOA), will be present at Monday’s meeting to present these awards to the City. Much work goes into producing these documents and the finance staff will be present at the meeting. Success in these programs is due to the work of the entire department. Each of them takes a lead role in preparing the documents: Dave Perrault, Finance Analyst – Budget Document, & Financial Report Ashley Bertrand, Accounting Analyst – Financial Report Pang Silseth, Accounting Clerk – Popular Financial Report We have received both the CAFR and PAFR awards since the 2006 reports and the Budget award since the 2009 report. We have submitted the 2015 Budget and the 2014 financial reports to the awards program and are confident that they fulfill the program requirements and will be receiving the awards in the future. Page 1 of 1 DATE: June 29, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Amy Dietl, City Clerk SUBJECT: Night to Unite Background/Discussion 2015 Night to Unite will be held Tuesday, August 4th from 5 to 9 p.m. If anyone is interested in hosting an event, they are encouraged to register their party with the Ramsey County Sheriff’s Office by Friday, July 17th. Registration information and activity packet forms are available on Ramsey County’s website (a link is also available on the City’s site) or by calling the Crime Prevention Unit at 651-266-7338. Those who are registered to host a neighborhood gathering will be visited by community officials, fire departments, and Ramsey County Sheriff’s Office representatives. A list of neighborhoods participating in Night to Unite will be sent to the City Council when it becomes available. The Ramsey County Sheriff’s Office has asked the Mayor and all City Councilmembers to sign a Night to Unite 2015 Proclamation. Attachment Attachment A: Night to Unite 2015 Proclamation STAFF COMMENTS – 3D MEMORANDUM Page 1 of 1 DATE: June 29, 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 preliminarily approved the TCAAP Redevelopment Code (TRC) on May 26, 2015. The public hearing for the TRC and the Comprehensive Plan Amendment (CPA) is scheduled for July 8, 2015, 6:30 pm in the Council Chambers. The draft TRC and CPA are posted on the City’s website with a link from the home page. STAFF COMMENTS – 4A MEMORANDUM Page 1 of 1 DATE: June 29, 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 – 4B MEMORANDUM Approved: June 29, 2015 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL MEETING MAY 4, 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 special 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; and City Clerk Amy Dietl PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. Approval of Development Agreement – Planning Case 15-004 – Valentine Bluff MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 2. PUBLIC HEARINGS A. Public Hearing Grant-Noble-Lake Lane Assessment Hearing Assistant City Engineer Anderson stated that on February 23, 2015, the City Council adopted Resolution No. 2015-014 Approving the Plans and Specifications and Ordering the Advertisement for Bids. Bids were solicited during March and opened on Thursday March 19, 2015. ARDEN HILLS SPECIAL CITY COUNCIL – MAY 4, 2015 2 Assistant City Engineer Anderson indicated that a portion of the costs for the 2015 PMP project are proposed to be assessed against the benefitting properties according to the City’s Assessment Policy. In order to assess these costs, the City must follow the process outlined in State Statute 429. On March 30, 2015, after the bids were opened, the City Council adopted Resolution 2015- 017 Declaring the Amount of the Cost to be Assessed and set today as the date for the assessment hearing. A public hearing prior to adopting the assessments is a requirement of the State Statute 429. Assistant City Engineer Anderson reported that the project is proposed to be assessed consistent with the City’s Assessment Policy and past practices, which states that 50% of the costs for roadway improvements will be assessed in residential areas, with the remaining portion financed by City funds. Financing for the project is consistent with City policy and past practices and is summarized in the table below. The project costs include engineering and overhead costs as outlined in the Assessment Policy. Also, the Council established that the interest rate would be 4.30% and the term would be 10 years. Item Calculation Result Half of Construction Cost $657,823.19/2 $328,911.60 Add 37% Overhead $328,911.60 x 1.37 $450,608.88 Divide by Assessable Units $450,608.88/81 $ 5,563.07 Assistant City Engineer Anderson stated that as provided for in State Statute, no appeal may be taken as to the amount of any assessment adopted unless a written objection signed by the affected property owner is filed with the City at or prior to the assessment hearing. After the adoption of the assessment roll, property owners who have submitted an objection in writing have 30 days to serve notice of an appeal to the City and, within 10 days after serving notice, to file with the District Court. Assistant City Engineer Anderson recommended that the Council hold the Assessment Hearing and adopt Resolution 2015-029 Adopting the Assessment Roll for the 2015 Pavement Management Program-Grant/Noble Neighborhood with any changes they deem appropriate. Councilmember Holden clarified that the original estimate for assessments was $6,600 per unit but this amount has been reduced to $5,560. Assistant City Engineer Anderson stated that this was the case due to the fact the City received favorable bids for the street reconstruction project. Mayor Grant opened the public hearing at 7:08 p.m. Paul Prehatney, 3459 Lake Johanna Boulevard, discussed the layout of his home noting that he shared a driveway with four properties. He feared that he would not be receiving the same benefit from the road reconstruction as other properties in his neighborhood. Brad Huckle, 3453 Lake Johanna Boulevard, explained he lived next to Paul Prehatney. He understood that the streets were in need of repair. He had an issue with how his property would ARDEN HILLS SPECIAL CITY COUNCIL – MAY 4, 2015 3 benefit from the street improvement project. It was his opinion that his property would have no added curb appeal by replacing the street. Councilmember Holden questioned how Mr. Huckle accessed his property. Mr. Huckle reported that he accessed his property using Grant or Fairview. Amy Fleury, 1936 Grant Road, supported the improvements, but noted that her driveway was on New Brighton Road. Sam Scott, 1873 Grant Road, asked how the City defined “overhead costs”. Assistant City Engineer Anderson reported that the 37% overhead costs include design of the project, construction engineering, financing, legal fees, and all City expenses required to execute the project. Mr. Scott requested further information on the assessment payment timeline. Mayor Grant reviewed the payment timeline in detail with Mr. Scott. Director of Finance and Administrative Services Iverson reported that the City’s assessment policy was governed by State Statute 429. She discussed this statute further with the Council. Steve Scott, 1870 Lake Lane, asked if the park property was being assessed. Mayor Grant explained that the park was not included in the assessment roll. He further discussed the engineering required for Lake Lane. Public Works Director Maurer provided comment regarding the benefits of the 2004 Assessment Policy and how the City was completing projects in neighborhoods based on the policy. Mayor Grant closed the public hearing at 7:28 p.m. Councilmember Holden discussed the properties at 3459 Lake Johanna Boulevard and 3453 Lake Johanna Boulevard. She noted that each had direct access to the roads within the Grant/Noble/Lake Lane neighborhoods. She saw no reason to reduce assessment amounts for these two properties. Councilmember Woodburn understood that it was difficult to make the Assessment Policy equitable for everyone, but he appreciated the neighborhood assessment concept that was approved in 2004. Mayor Grant discussed how the City revised the assessment policy in 2004, noting that this policy change was lead by a citizen task force. ARDEN HILLS SPECIAL CITY COUNCIL – MAY 4, 2015 4 Councilmember Holmes believed that all properties within the neighborhood would be improved through the street reconstruction project. She reiterated that the City would be paying for 50% of the project. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to Adopt Resolution #2015-029, Adopting Assessment Roll for the 2015 Pavement Management Program-Grant/Noble/Lake Lane Neighborhood. Councilmember McClung stated that he has not had any residents express concern about the fairness of the City’s neighborhood Assessment Policy. He supported the proposed project and did not see any need to change the City’s policy. He recommended that the properties at 3459 and 3453 Lake Johanna Boulevard remain within the Grant/Noble/Lake Lane project area. Mayor Grant questioned how the property at 1902 Noble was addressed by staff. Assistant City Engineer Anderson reported that additional drainage was being added at this property near the trail. He explained that additional drainage would also be added in the rear yard of 1911 Noble. The motion carried unanimously (5-0). B. Public Hearing – Award PMP Contract Assistant City Engineer Anderson stated that on February 23, 2015, the City Council adopted Resolution 2015-013 (Venus/Crystal) and Resolution 2015-014 (Grant/Noble/Lake Lane) approving the Plans and Specifications and Ordering the Advertisement for Bids. Bids were opened on Thursday, March 19, 2015. Assistant City Engineer Anderson indicated that one bid was solicited for both 2015 PMP neighborhoods and that the bid contained two alternates. The first alternate bid was for the use of HDPE (plastic) pipe for the storm sewer. This alternate turned out to actually be more expensive and therefore, staff is not recommending it be awarded. The second alternate was for water replacement in the Venus/Crystal neighborhood. To give the Council some options, the worst water main (highest break history) replacement was put into the base bid, with the areas with a lesser break history placed in an alternate bid. Based on the bids received (these were the costs presented at the assessment hearing), staff is recommending award of Alternate No. 2 replacing more water main in the Venus/Crystal neighborhood. Assistant City Engineer Anderson reported that there were a total of eight bids received. The following table lists the bidders name and their total bid including Alternate No. 2 (but not Alternate No. 1): Bidder Total Bid including Alt. No. 2 Valley Paving, Inc. $3,896,796.88 Astech Corporation $4,233,026.72 Palda & Sons, Inc. $4,294,821.86 ARDEN HILLS SPECIAL CITY COUNCIL – MAY 4, 2015 5 Park Construction, Co. $4,351,515.05 Northwest Asphalt $4,530,919.36 T. A. Schifsky & Sons, Inc. $4,759,464.55 Redstone Construction $4,966,656.59 Meyer Contracting, Inc. $5,406,576.06 Assistant City Engineer Anderson stated that several rain gardens are included in both neighborhoods for the management of storm water runoff as required by Rice Creek Watershed District (RCWD). One thing included in the base bid was enhanced soil treatments for the engineered soils used in the rain gardens. This is above and beyond the RCWD requirements. Staff simultaneously applied for a grant from RCWD for the cost of the enhanced engineered soils. He noted that the City was unsuccessful in obtaining the grant for the enhanced engineered soils so staff is recommending removing them from the contract by Change Order No. 1 which will reduce the overall contract amount by $70,325. Assistant City Engineer Anderson commented that Valley Paving has completed similar projects successfully in the metro area and City staff has worked with them in the past, although not in Arden Hills. The contract award should be in the following amount: 2015 PMP Neighborhood Improvements Base Bid Amount $3,775,052.88 Alternate 2.0 Additional Watermain $ 121,744.00 Change Order 1 Rain Garden Modifications ($ 70,325.00) Total Project Cost $3,826,471.88 Assistant City Engineer Anderson stated that as with previous PMP projects, staff will need consultant help with construction inspection, construction staking, and some routine administrative services. Staff has asked Elfering and Associates to provide a proposal based on the hours of each service he believes will be necessary for successful completion of the two neighborhood projects. A letter from Elfering and Associates (included in the agenda packet) provides these costs on a neighborhood basis; $322,000 for the Venus/Crystal neighborhood and $166,850 for the Grant/Noble/Lake Lane neighborhood. These costs are well within the Assessment Manual allocation for this overhead item. Staff would recommend accepting the proposal from Elfering and Associates for construction services, along with the adoption of Resolution 2015-030. Councilmember Holden asked if the Elfering and Associates expenses were included in the total project costs. Public Works Director Maurer reported that these expenses were part of the overhead costs. Mayor Grant opened the public hearing at 7:47 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:47 p.m. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to Adopt Resolution #2015-030, Awarding the 2015 PMP Contract to ARDEN HILLS SPECIAL CITY COUNCIL – MAY 4, 2015 6 Valley Paving, Inc. and accept the proposal from Elfering and Associates for construction services. The motion carried unanimously (5-0). 4. NEW BUSINESS A. Gateway Sign Update – County Road D and Cleveland Avenue Public Works Director Maurer provided the Council with an update on the Gateway Sign at County Road D and Cleveland Avenue. He noted that the contractor was ready and willing to repaint the sign. He indicated that the replacement of the brick at the bottom of the sign would cost $2,200. The quote was reviewed with the Council. He requested direction from the Council on how to proceed. Councilmember Holden questioned how much the City paid for the original sign. Public Works Director Maurer recalled that the sign cost roughly $10,000. Councilmember Holmes did not support spending an additional $2,200 for brick at the bottom of the sign. Councilmember Woodburn agreed and believed that the cost of the additional brick was too much. Mayor Grant summarized that the Council supported the sign being repainted but did not want to move forward with new brick. Public Works Director Maurer explained that he would pass this direction along to manufacturer of the Gateway Sign. B. Sign Retro Reflectivity Policy Public Works Director Maurer stated that Federal Rules and Regulations have obligated the City to manage its signs with regard to their retro reflectivity. He reviewed a draft Sign Retro Reflectivity Policy that was being recommended by the League of Minnesota Cities. Councilmember Holden asked if the City’s sign software already monitored the age and reflectivity of City’s signs. Public Works Director Maurer explained that the Simple Sign software provided the City with a program to manage the City’s sign inventory. He reported that staff has also been adding the date of sign placement on a sticker that is placed on the back of each new sign installed in the City. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to adopt the Sign Retro Reflectivity Policy, based on the League of Minnesota Cities’ recommended model policy. The motion carried (5-0). ARDEN HILLS SPECIAL CITY COUNCIL – MAY 4, 2015 7 C. Karth Lake Improvement District Board Street Sweeping Request Public Works Director Maurer explained that the Karth Lake Improvement District Board has requested additional street sweeping to assist with improving lake quality. He indicated that the City currently sweeps streets twice per year; in the spring and fall. The Board is requesting additional sweepings through the summer months and this would require paying overtime hours to City staff. It was estimated that it would take three hours to complete this work and the expense would be approximately $500 per event. The Karth Lake Improvement District Board approved this expense and requested that the Council consider allowing for extra sweepings over the summer months. Councilmember Holden indicated that she had a problem with the extra street sweepings. She asked if there was any evidence that additional street sweepings would assist in improving the quality of the lake. Public Works Director Maurer stated that there is evidence that debris, salt and soil find their way into bodies of water. He commented that the east side of the lake has catch basins that run right into the lake. For this reason, Karth Lake would benefit from additional sweepings as it would keep additional debris from running into the lake. Councilmember Woodburn did not object to the additional street sweeping requests. He believed that there was little evidence that water runoff would impact Karth Lake, unless Phosphate and organic debris was involved. Councilmember Holmes reported that she was no longer a member of the Arden Hills Foundation; however, she indicated that at one of the last meetings she attended, the Karth Lake Improvement District had made a request. Mayor Grant understood that the Karth Lake Improvement District would be making a request for $500. He noted that the Karth Lake Board was able to implement fees to cover extra expenses for street sweeping. Councilmember Holden commented that she objected to the Arden Hills Foundation covering the expense for extra City services. Mayor Grant stated that this may set a precedent that the Council should consider. Councilmember Holmes was not concerned with a precedent being set stating that if the City did not provide the street sweeping services, another contractor would be hired to complete the work. Mayor Grant understood that the Karth Lake Improvement District was concerned about the lake’s water quality and was requesting assistance with street sweeping at their own expense. Councilmember McClung did not have any concerns with allowing the additional street sweeping so long as normal City operations were not impacted. ARDEN HILLS SPECIAL CITY COUNCIL – MAY 4, 2015 8 Councilmember Holden requested that staff speak with the City Attorney to see if it was legal to subcontract out City services. Public Works Director Maurer commented that he would bring this concern to the City Attorney. Mayor Grant supported the street sweeping on a trial basis if approved by the City Attorney. The Council, with the exception of Councilmember Holden, agreed with the Mayor’s proposal. Public Works Director Maurer advised that he would report back to the Council if the City Attorney has concerns with the City providing this service. ADJOURN MOTION: Councilmember McClung moved and Mayor Grant seconded a motion to adjourn. The motion carried unanimously (5-0). Mayor Grant adjourned the special City Council meeting at 8:12 p.m. __________________________ __________________________ Amy Dietl David Grant City Clerk Mayor Approved: June 29, 2015 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL WORK SESSION MAY 4, 2015 (CONTINUATION OF MAY 2, 2015 SPECIAL CITY COUNCIL WORK SESSION) 6:00 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the special City Council work session at 6:00 p.m. This meeting was continued from the special City Council work session held on May 2, 2015. Present: Mayor David Grant; Councilmembers Brenda Holden, Fran Holmes, Dave McClung (arrived at 6:08 p.m.), 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; Associate Planner Matthew Bachler; and City Clerk Amy Dietl Mayor Grant asked the Council if they wanted to record the work session. It was the consensus of the Council to not record the work session. 1. AGENDA ITEMS A. Rice Creek Commons (TCAAP) Community Development Director Hutmacher presented a handout to the Council. She stated that the proposed land use plan shown in blue on the handout was derived from her understanding of the discussion that took place at the special City Council work session on Saturday, May 2, 2015. City Administrator Klaers noted that the discussion on May 2 centered on the number of housing units that would be built in the neighborhoods (the housing yield) and that from this total , a maximum density amount can be established. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION – MAY 4, 2015 2 Councilmember Holden asked what numbers were used when creating the proposed land use plan. City Administrator Klaers stated that the housing yield is approximately 92% of the maximum density. It was noted that except for apartments, the maximum density cannot be reached due to such land use issues as irregular shaped lots and street right-of-way locations. Community Development Director Hutmacher stated that once staff has a better understanding of the Council’s vision, revisions will be made to the zoning definitions within the TCAAP Redevelopment Code (TRC). Mayor Grant questioned the definition of NB-3A and indicated that he would like to see single family detached homes. Councilmember Holden stated that she would like to get away from having all townhouses in the NB-3 zones. Community Development Director Hutmacher indicated that based on Council discussion, the definition of single family could remain unchanged, but that the TRC would redefine NB-3A (neighborhood high-density) to not include small multi-family. Conversely, there would be a new definition for NB-3B that would allow only small multi-family. She stated that NB-3A would allow single family including cottage homes, twin homes, and detached townhomes only. Councilmember Holden said that she would like to see smaller lots for single family homes and not so many townhomes. Councilmember Holmes understood that the Council did not want any multi-family in the Creek neighborhood. Councilmember Holden and Mayor Grant agreed with that statement. Councilmember McClung arrived at 6:08 p.m. Councilmember Holmes commented that the Hill neighborhood does allow multi-family. Councilmember Holden stated that the Council requested that the definition of NB-3A include lots of less than 50 feet in width. Councilmember Holmes stated that she wanted to see side or rear-loading garages. Community Development Director Hutmacher stated that page 66 of the TRC notes that a lot width minimum of 50 feet would accommodate a front or side-loading garage and that a lot that is less than 50-foot shall be an alley-loaded garage. She noted that Mattamy Homes is putting front- loaded garages at 44-feet. Mayor Grant questioned if the blue chart on the handout was based on the discussion the Council had on May 2nd. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION – MAY 4, 2015 3 Community Development Director Hutmacher stated that the orange chart on the handout was based on the discussion held on May 2nd. Mayor Grant asked if the maximum density went down. Community Development Director Hutmacher stated that the numbers in the blue chart represent the land use plan that the Council could approve. The arrows on the handout and the orange chart indicate what the likely actual yield would be based on a 92% efficiency. Councilmember Holden stated that the Council knew that this density number would be higher. Mayor Grant asked if staff feels as though they understand what the Council is envisioning for the Creek and Hill neighborhoods. Community Development Director Hutmacher stated that if the handout that was provided tonight includes the numbers that the Council wants to see, then yes, staff has a good idea of what the Council wants. She noted that Code requires that the garage has to be behind the façade of the house, unless there is a considerable porch structure on the front of the home. City Administrator Klaers questioned if the Council had additional comments or concerns regarding the 50-foot lot size. The consensus of the Council is that the definition as it currently reads is acceptable. Discussion continued regarding lot sizes and the fact that the numbers used are gross, not net, numbers. The numbers used are actual built units which include right-of-ways, but exclude park space. Councilmember Holden stated that she would like it to stay with what was in Fit Test 2 for the Creek neighborhood and for the open space layout in the Town Center. Mayor Grant asked the Council to discuss the Town Center. Councilmember Holmes stated that all the densities have gone up and she is not sure why. Public Works Director Maurer noted that the Fit Test is essentially a yield, which is more comparable to the numbers in the orange chart of the handout. The Council continued their conversation on the Hill neighborhood. Councilmember Holden stated that she liked the placement of the parks better in Fit Test Option 2 than in Fit Test Option 1. The Council discussed flexibility in where the parks are located. The Council discussed the density within the Town Center. Mayor Grant recessed the special City Council work session at 6:58 p.m. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION – MAY 4, 2015 4 Mayor Grant reconvened the special City Council work session at 8:15 p.m. Councilmember Woodburn shared a handout with the Council on warehousing. Councilmember Holden inquired about the warehousing definitions and how they fit with the TRC. Community Development Director Hutmacher stated that warehousing is not permitted. She noted that definitions only appear in the TRC if they are not already in the Arden Hills Zoning Code. She passed out a memo written by Matthew Bachler regarding regulations on warehousing uses within the TRC. Councilmember Holmes stated that she felt that the Code was unclear and asked that warehousing be removed from pages 33 and 35. Councilmember Holden suggested that language be added stating that warehousing is only allowed as an accessory use to manufacturing. Councilmember Holmes stated that table 5.2 indicates that buildings where manufacturing and processing are a principal or accessory use, a minimum of 30 percent of the gross building square footage must be in office use. She said that there is no way to interpret that differently. She suggested that warehousing be taken out as an industrial use on page 33 as well as removing it from page 35. Councilmember Holden questioned if warehousing had to be in the same building as manufacturing. She also questioned what temporary means. Further discussion ensued regarding whether or not the Council wanted a building that is 30 percent office and 70 percent warehouse. Council agreed that they did not want the definition to be ambiguous. Consensus was to have staff work with the City Attorney to establish the appropriate language within the Code. Councilmember Holmes suggested that the Council discuss the gateway overlay. She stated that the developers have said that people will not want to drive through industrial areas to get to their million dollar homes. She felt the gateway overlay was too vague in the TRC. Mayor Grant agreed and stated that he did not want the gateway overlay language to be vague. Councilmember Holmes noted that the Code simply states that “more landscaping” will be required and she questioned what that means. Community Development Director Hutmacher stated that the type and amount of landscaping is at the discretion of staff and the Joint Development Authority. She indicated that there will be more required than just enhanced landscaping. Councilmember Holden suggested that trees could be spaced differently than they are along the Spine Road and that the lighting could also be different. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION – MAY 4, 2015 5 Councilmember Holmes said that she is more concerned about it looking like an industrial area. She suggested that something like a fence or rocks would be needed to hide the industrial area. Community Development Director Hutmacher stated that the City would be requiring Class A finishes, and that there would not be a lot of parking in the front of the buildings. Parking would be to the side or back and loading docks would be screened from the right-of-way. Staff asked the Council for suggestions of nice-looking gateway areas in the metro area. Councilmember Holden stated that the list given to Council by staff of places to visit included a site in Plymouth. She thought that the Plymouth site looked good as it had trees, poles, banners, and a sign announcing the area. She stated that it was nothing fancy, but it looked good. She also noted the Phalen Boulevard area in St. Paul by the HealthPartners building. She indicated that it had a gateway area that was not completely finished at this time. Mayor Grant asked the Council to send suggestions to staff. ADJOURN Mayor Grant adjourned the special City Council work session at 9:00 p.m. __________________________ __________________________ Amy Dietl David Grant City Clerk Mayor Approved: June 29, 2015 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MAY 11, 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 Fran Holmes, Dave McClung, and Robert Woodburn Absent: Councilmember Brenda Holden (excused) Also present: City Administrator Patrick Klaers; Director of Finance and Administrative Services Sue Iverson; Public Works Director Terry Maurer; and City Clerk Amy Dietl PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested Items 5E and 5F be pulled from the Consent Calendar. Councilmember Holmes requested Item 5B be pulled from the Consent Calendar. Councilmember Woodburn asked that Item 5C be removed from the Consent Calendar for further discussion. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (4-0). 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. STAFF COMMENTS ARDEN HILLS CITY COUNCIL – MAY 11, 2015 2 A. Rice Creek Commons (TCAAP) Update City Administrator Klaers stated that the City Council continues to discuss the draft TCAAP Redevelopment Plan (TRC). He noted that the Council held special work sessions on both May 2nd and May 4th. The TRC would be addressed again by the Council on May 18th. B. Joint Development Authority Update City Administrator Klaers stated that the TCAAP Joint Development Authority (JDA) meeting scheduled for Monday, May 4, 2015, was cancelled. The JDA will meet next on June 1st. C. Transportation Update Public Works Director Maurer reported that the east side ramps of the County Road E bridge are now open. The west side ramps will be closed now for the next 14 days. He explained that the bridge beams will be set next Monday and Tuesday. The single lane status on Snelling Avenue will continue for one more week. The bridge is scheduled to be complete on August 14th. Public Works Director Maurer stated that the County Road E improvements began on May 11th and the inside lanes are closed. He discussed the work that will be conducted over the next two weeks and it is anticipated that the project will take approximately 10-12 weeks. Public Works Director Maurer explained that MnDOT is rebidding the County Road F project. The bids will be opened in early June with work anticipated to begin in mid-July. Public Works Director Maurer indicated that the I-35W/Highway 96 project has been awarded and a preconstruction meeting will be held later this week. He noted that this intersection will be closed for three weeks in the early phase of the work. This will assist in completing the project in a timely manner, while also providing cost saving. Public Works Director Maurer reported that Round Lake Road is progressing nicely. The trail is complete, all of the lights have been installed and only several pedestrian ramps are left to be poured. He explained that the final paving will be completed by late May or early June. Public Works Director Maurer stated that the Lexington Avenue improvements from I-694 to County Road F are being bid and work was scheduled to begin mid-July or early August. Public Works Director Maurer commented that work has begun on the City’s PMP project. The contractor has mobilized and began work Wednesday of last week in the Grant and Noble area. Councilmember McClung expressed concern with how residents would be impacted by the closing of the I-35W/Highway 96 intersection. He did not want to see the three week closure turn into four or five. He requested that staff voice the City’s concern to the County. ARDEN HILLS CITY COUNCIL – MAY 11, 2015 3 Public Works Director Maurer understood this concern and reported that he would have additional information for the Council on this project after the preconstruction meeting was held later this week. 4. APPROVAL OF MINUTES A. March 30, 2015, Regular City Council MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to approve the March 30, 2015, regular City Council meeting minutes as presented. The motion carried unanimously (4-0). 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve Adoption of Resolution 2014-031 Recognizing National Public Works Week C. Motion for Approval of PUD Amendment Agreement and CUP Amendment D. Motion to Approve Planning Case 14-013 Arden Plaza Final PUD – Phase 2 Extension Request E. Motion for Authorization to Appoint Public Works Seasonal Maintenance Worker F. Motion to Accept Public Works Maintenance Worker Resignation and Authorize Advertisement for the Public Works Maintenance Worker Vacancy G. Motion to Approve County Road E – Pine Tree Drive Improvements Payment 1 MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 6. PULLED CONSENT ITEMS A. Authorization to Appoint Public Works Seasonal Maintenance Worker Mayor Grant stated that he pulled this item from the Consent Calendar as the direction from staff did not reflect the direction provided by the Personnel Committee. He believed that the option recommended by staff was too open-ended. He understood that staff was in need of a seasonal maintenance worker after the City received a resignation from one of its Public Works Maintenance Workers. He recommended that the dates within the hire be more clearly defined to ensure that the department is not over-staffed. Councilmember Holmes asked if the Personnel Committee did not support the hire of seasonal maintenance worker. Mayor Grant explained that Scott Freyberger has resigned his position with the City effective July 2nd. This will be a reduction in the City’s Public Works force until a replacement is hired. As a way to bridge this gap over the summer, staff requested the hire of a seasonal Public Works ARDEN HILLS CITY COUNCIL – MAY 11, 2015 4 Maintenance Worker. He supported the seasonal worker, so long as Mr. Freyberger’s replacement wasn’t also being hired at the same time. Councilmember Woodburn asked if the City typically hired seasonal workers. Mayor Grant commented that the City does hire seasonal help; however, this was to complete different tasks than the work currently completed by Scott Freyberger. He supported staff hiring a new Public Works employee after July 2nd. Public Works Director Maurer commented that replacing Scott Freyberger would take at least two months. For this reason, staff was requesting the seasonal employee to assist the City this summer. He understands there would be some overlap, but this would end the first of September. He discussed the unique skill set that Mr. Freyberger has noting that it will be difficult to replace him. Mayor Grant questioned how staff wanted to proceed with this matter. Public Works Director Maurer reported that it would be his preference to hire Scott Freyberger’s replacement as quickly as possible. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to deny the hiring of Daniel Crist as a Public Works Seasonal Maintenance Worker. The motion carried (4-0). B. Accept Public Works Maintenance Worker Resignation and Authorize Advertisement for the Public Works Maintenance Worker Vacancy Mayor Grant recommended that the Council accept Scott Freyberger’s resignation and authorize staff to advertise for the position of Public Works Maintenance Worker. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a 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. The motion carried (4-0). C. Adoption of Resolution 2014-031 Recognizing National Public Works Week Councilmember Holmes suggested that Resolutions or Proclamations that recognize staff, the public works department, or the police department be read aloud by the Mayor for the record. Mayor Grant read a Resolution aloud for the record recognizing National Public Works Week as May 17-23, 2015. He thanked the department for their efforts 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. ARDEN HILLS CITY COUNCIL – MAY 11, 2015 5 MOTION: Councilmember Holmes moved and Councilmember McClung seconded a motion to adopt Resolution #2015-031, Recognizing National Public Works Week: May 17-23, 2015. The motion carried (4-0). D. Approval of PUD Amendment Agreement and CUP Amendment – Planning Case 15-002 Councilmember Woodburn did not support the PUD amendment agreement and CUP amendment for Frattallone’s. He expressed concern with the language used within the agreement on Page 5. He stated that he believed it was incomprehensible. Councilmember Holmes believed that the language reflected the direction provided by Council at the meeting. Councilmember McClung agreed that the screening language reflected the Council’s discussion. Mayor Grant also believed the language clearly reflected how the screening situation would be addressed. Councilmember Woodburn did not believe that the screening was being properly maintained at the Frattallone’s site. MOTION: Councilmember Holmes moved and Councilmember McClung seconded a 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. The motion carried 3-1 (Woodburn opposed). 7. PUBLIC HEARINGS A. Rice Creek Commons (TCAAP) Development Discussion Opportunity for Residents Mayor Grant stated that under the Public Hearing section, citizens have an opportunity to discuss ideas regarding the Rice Creek Commons (TCAAP) development. Mayor Grant opened the public hearing at 7:37 p.m. Joseph Cox, 2 Peterson Place in North Oaks, explained that he is a potential home builder and investor in TCAAP. It was his understanding that the TCAAP property may be sold to a single developer. He requested that the City and County reconsider this line of thinking in order to allow a local investor to purchase land as this would put local contractors to work. Mayor Grant reviewed the Council’s current planning timeline for TCAAP and anticipated that RFP’s would be considered over the fall and winter by the JDA. He encouraged Mr. Cox to review the City’s website to further view information on TCAAP. ARDEN HILLS CITY COUNCIL – MAY 11, 2015 6 With no one else coming forward to speak, Mayor Grant closed the public hearing at 7:41 p.m. 8. NEW BUSINESS A. Mounds View High School Trail Bids Public Works Director Maurer stated that MnDOT is planning to replace the County Road F bridge and the new bridge would include a 10-foot pedestrian facility along the south side. For this reason, the City has been considering a trail from the bridge to the Mounds View High School. The project includes approximately 1,200 feet of trail, in addition to 1,200 feet of concrete curb which would create an urban roadway so the trail could be placed immediately behind the curb. A retaining wall is still needed in order to create a bench area for the trail due to steep slopes. Public Works Director Maurer reported that the entire project was bid with a New Brighton street project, and New Brighton received five bids for the project. The low bid came in from Bituminous Roadways and was just over $3 million with the Arden Hills’ Trail portion of the project amounting to $522,423.30. This was significantly more than the engineer’s estimate, mostly due to the rising cost of concrete work. Public Works Director Maurer discussed the school trail project in further detail and requested that the Council approve an Agreement with the School District for their $120,000 contribution to the project and a Joint Powers Agreement with the City of New Brighton for construction of the Trail. Councilmember Holmes asked if the City was able to receive grant funds for this project. Public Works Director Maurer commented that staff investigated the potential of a Safe Routes to School grant; however, these funds could not be used for high schools. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to 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. The motion carried (4-0). MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to approve entering into an Agreement with the Mounds View Public Schools (District 621) for their contribution of $120,000 towards the project. The motion carried (4-0). B. Presbyterian Homes Request for Conduit Debt Financing Director of Finance and Administrative Services Iverson stated that Presbyterian Homes has requested approval from the City for conduit debt financing. She reported that Presbyterian Homes has submitted all necessary paperwork and fees. She requested that the Council call for a Public Hearing and authorize publication for the Public Hearing. ARDEN HILLS CITY COUNCIL – MAY 11, 2015 7 Mayor Grant asked for further information from bond counsel regarding State Statutes and conduit bonds. John Utley, Kennedy & Graven, discussed the bond management fee payable to the City for conduit bonds. He reported that the City could designate up to $10 million in conduit bonds each year. He advised that the bond fee would be addressed further by the Council and staff at the Public Hearing. Mayor Grant reported that the conduit bonds would be used by Presbyterian Homes to construct a 40 unit independent living facility referred to as the Brownstones. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to approve Resolution #2014-032, 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. The motion carried (4-0). 9. UNFINISHED BUSINESS None. 10. COUNCIL COMMENTS Councilmember Holmes discussed the Planning Cases that were reviewed on May 6, 2015 by the Planning Commission. She indicated that there were concerns with parking that was occurring at Bethel University during sporting events. She was in favor of staff investigating this matter further. Public Works Director Maurer reported that he received a letter from Bethel University. He provided the Council with a copy of the letter and noted that Bethel was in favor of adding the “No Parking” signs to the east side of the roadway. In addition, Bethel would try to provide enough parking on campus for its sporting events. He stated that staff would work with the public works staff and the County to have “No Parking” signs posted. Mayor Grant reported that he lives in the Chatham neighborhood and the parked cars from Bethel were creating safety concerns. He supported additional “No Parking” signs being posted. Public Works Director Maurer explained that he would be in touch with the County to get these signs posted. Councilmember Holmes asked if the May 4th Council meeting was televised. Mayor Grant indicated that audio of the meeting was recorded and that minutes would be drafted, but the meeting was not televised. Councilmember Holmes questioned when the Council would be discussing the Stacie Kvilvang memo. ARDEN HILLS CITY COUNCIL – MAY 11, 2015 8 Councilmember Holmes requested that proclamations not be put on consent but read during Public and Informational sections. Mayor Grant understood that Stacie’s availability has been limited. He was in favor of reviewing this memo further. He recommended that staff speak with Ms. Kvilvang in order to arrange for her to attend an upcoming work session. Councilmember McClung thanked Public Works Director Maurer and the entire public works staff for the work they complete for the residents of Arden Hills. He appreciated the new trees that were planted by the Public Works Department in the City’s parks. Mayor Grant commented that the newly elected governor in the State of Oregon, Kate Brown, was a Mounds View High School graduate. He noted that a letter of congratulations was sent to her and the City received a response. He read this response in full for the record. Mayor Grant noticed a rock at the County Road E2 Gateway sign has been placed in front of the light base. Public Works Director Maurer reported that the rock was put in its new location to hide the light and wooden base. Mayor Grant indicated that two years ago, a street repair was made in the Cannon/Tiller neighborhood due to the fact the street was delaminating and a selective mill and overlay was completed. He reported that he was in this neighborhood this weekend and he believed the roads were in great condition. He appreciated staff’s efforts to extend the life of the roadways. Councilmember Woodburn discussed several other streets in the City that were beginning to delaminate. ADJOURN MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to adjourn. The motion carried unanimously (4-0). Mayor Grant adjourned the regular City Council meeting at 8:23 p.m. __________________________ __________________________ Amy Dietl David Grant City Clerk Mayor Approved: June 29, 2015 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION MAY 18, 2015 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council work session at 5:06 p.m. Present: Mayor David Grant; Councilmembers Brenda Holden, Fran Holmes, Dave McClung, and Robert Woodburn Absent: None Also present: City Administrator Patrick Klaers; City Attorney Joel Jamnik; Director of Finance and Administrative Services Sue Iverson; Public Works Director Terry Maurer; Community Development Director Jill Hutmacher; City Planner Ryan Streff; Associate Planner Matthew Bachler; and City Clerk Amy Dietl 1. AGENDA ITEMS A. 2015 State of the City Community Development Director Hutmacher stated that a business-focused State of the City event was held in September in the years 2011, 2013, and 2014. In 2014, a second State of the City event was held in the evening for the convenience of City residents. In 2014, 70 people attended the morning event, and 60 people attended the evening event. She noted that the total cost of both of the 2014 events was $2,137.38 and included advertising, food, and beverages. Funds are budgeted for a 2015 State of the City in the EDA budget. Community Development Director Hutmacher reported that the EDC recommends that the State of the City be held again in 2015. The members of the EDC would like to promote the event during the upcoming Business Retention and Expansion (BRE) interviews. The morning event is usually held on a Wednesday or Thursday during either the second or third weeks of September. Community Development Director Hutmacher stated that if the Council chooses to hold an evening event in 2015, it could be held September 16-17, 2015. It was noted that September 22- 24, 2015, will not work as there is an APA Conference that staff will be attending. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 18, 2015 2 Community Development Director Hutmacher provided the following questions for the Council to consider: 1. Would the City Council like to hold a business-focused State of the City event in 2015? Would the City Council like to hold an evening State of the City event as well? 2. Does the Council have a preferred date for either event? 3. Does the City Council have suggestions regarding event venue or program? Mayor Grant questioned how the majority of the money was spent on the 2014 State of the City event. Community Development Director Hutmacher stated that the majority of the money was spent on food and beverages, while the remainder was used for advertising. Councilmember Holden was in favor of holding both State of the City events again this year. Councilmember McClung agreed. Mayor Grant also agreed that both events be held. He asked the Council when these events should be scheduled, and stated that the date could be pushed out to October due to the scheduling conflicts. Councilmember Holmes supported holding the State of the City event in October as it is not an election year for City Council seats. She recommended that the Council look at the last week in September or the first week in October. Community Development Director Hutmacher asked if the Council wanted to hold both events in the same week. She explained that the last week of September could work. She proposed holding the State of the City evening event on September 29th and the morning event on October 1st. Mayor Grant questioned where the Council wanted to hold this year’s State of the City event. Councilmember Holmes suggested Flaherty’s be chosen for the State of the City business event on October 1st. Mayor Grant commented that the expense to hold the event at Flaherty’s was roughly $1,500 for food and beverages. Councilmember Holden did not mind holding the event at Flaherty’s but suggested that the food expense be reduced and that the City only offer donuts, muffins, fruit and coffee. The Council was in agreement regarding the dates and the venue. B. Rice Creek Commons (TCAAP) ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 18, 2015 3 Community Development Director Hutmacher stated that at work sessions on May 2 and 4, 2015, the City Council discussed: Changes to the size, density, and permitted uses with the Neighborhood and Neighborhood Transition districts. Language restricting warehousing as an accessory use to Manufacturing and Processing within the Flex Office and Campus Commercial districts. Additional requirements for the Overlay District. Community Development Director Hutmacher explained that staff has been working with Kimley-Horn and the City Attorney to address these items. She reviewed the proposed changes in further detail with the Council and asked for comments. Councilmember Woodburn asked if the warehousing space would be allowed in office and manufacturing. Community Development Director Hutmacher discussed the draft language and noted that the Code was proposing to only allow warehousing as an accessory to manufacturing uses. She indicated that manufacturing uses would have to have 30% office space. She provided further comment on manufacturing business park standards. Councilmember Holden discussed the 30% office space requirement. She wanted to see a clear division between principal and secondary uses for manufacturing sites. Mayor Grant expressed concern with the manufacturing language stating that he did not want to see substantial warehousing on these sites. City Attorney Jamnik reviewed the redundancy in the Code language regarding primary and secondary uses noting again that 30% of manufacturing sites would have to be office. Councilmember Holmes wanted to see manufacturing as the exclusive or principal use on site and not warehousing. Further discussion ensued regarding manufacturing and warehouse uses. Councilmember Woodburn was in favor of leaving the language ‘as is’. Mayor Grant questioned if the Council supported the density numbers within the TCAAP Redevelopment Code (TRC). Councilmember McClung did not support the numbers. Councilmember Holmes was in favor of the proposed density numbers. She requested further clarification on the differences between NB-3 and NB-4. Community Development Director Hutmacher explained that the differences between NB-3 and NB-4 noting the uses that are allowed as well as those that are not allowed for each. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 18, 2015 4 Mayor Grant questioned if the TRC addressed the flexibility level that would be offered if TCAAP had one developer. City Attorney Jamnik reported that the flexibility issue is not written into the TRC. He stated that the idea of flexibility is complicated. He commented that if a single developer came to the City for the Hill, Creek or Town neighborhood, staff would then work with the developer and the City could offer flexibility at that time. He explained that the Met Council would have a difficult time supporting the TRC if too much flexibility was written into the document. He indicated that the Council could add a provision that states that the City is open to significant reassignments and realignments of the zones so long as the overall targets are being met. Community Development Director Hutmacher recommended that the zoning map only be amended by the City Council. City Administrator Klaers stated that it would streamline the review process if language to allow for some level of flexibility for developers could be included. City Attorney Jamnik advised that the language could be amended and that amendments would require a 3/5 vote. He noted that paragraph 1D could be added to read: “Land uses as shown on the map may be moved within the neighborhood.” This would allow for shifting to occur. Councilmember McClung supported the proposed language change so long as it required a 4/5 vote. Councilmember Woodburn wanted to see the majority of the responsibility remain with the City of Arden Hills. City Attorney Jamnik explained that the Council may not want to delegate to the JDA developments that could not be fast-tracked. Mayor Grant supported all developments requesting additional flexibility being sent back to the City Council for further consideration. Councilmember Holden asked if the density could be changed through this flexibility. City Attorney Jamnik did not believe this to be the case, but rather that the lots or streets could be shifted. The Council and staff further discussed the JDA approval process. Community Development Director Hutmacher reported that the JDA could only approve projects that were consistent with the Zoning Code. Mayor Grant believed that by offering some level of flexibility this would appeal to future developers. He recommended that staff revise the language within the TRC that addresses residential neighborhood developments. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 18, 2015 5 Community Development Director Hutmacher provided an introduction to the discussion on the Gateway District and thanked Associate Planner Bachler for his work and efforts on the topic. Associate Planner Bachler provided comment on the Gateway District noting that the City’s language was compared to St. Paul’s standards for the Phalen Boulevard corridor. He was encouraged by the fact that the City’s TRC exceeded the Phalen Boulevard requirements for the City of St. Paul. Councilmember Holden did not want to see “Rice Creek Commons” monument signs as this would create further division between TCAAP and the rest of Arden Hills. She was in favor of having a tower at Highway 96. Staff discussed the public art that was placed in the right-of-way in the City of Blaine. Councilmember Woodburn appreciated the landscaping within The Lakes development in Blaine along with the eight-foot grassy median. Mayor Grant summarized that the Council supported the Gateway District language as presented by staff. He recommended that staff consider road access to AHATS to ensure that property is not landlocked in the future and asked how this would be passed along to developers. Public Works Director Maurer stated that it would be passed along to developers within the TRC through roadway connections and roadway right-of-way widths. This would ensure that options were available should AHATS develop in the future. Mayor Grant expressed concern with how the development would be impacted if more than one leg of the Spine Road intersection was a Level D. He feared that this would land lock the TCAAP development from Highway 10. He noted that the previous development proposal included a right in/right out along Highway 10. Public Works Director Maurer commented that MnDOT was concerned about the future of Highway 10 and may be considering median closures. Councilmember Holden requested that staff review the TRC language to ensure that townhouse and home colors would not be the same lot after lot. Community Development Director Hutmacher discussed the color variation suggestions within the TRC. She believed that the proposed language would allow for variation and architectural differences. She provided further comment on how the TRC addressed façade building materials. Councilmember Holmes believed that the current language addressed the Council’s concerns regarding façade colors and building materials. She also suggested corner buildings at a street intersection within the Gateway District should consider having a tower, turret, cupola or other architectural enhancement. Councilmember McClung wanted to see some sort of architectural enhancement required. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 18, 2015 6 Councilmember Holden questioned when the Council would be reviewing Stacie Kvilvang’s memo. City Administrator Klaers reported that this would be discussed by the Council at a work session on June 15th at 5:00 p.m. Community Development Director Hutmacher requested feedback from the Council on what type of presentation should be made at the May 26th Council meeting for the TRC. Councilmember McClung was in favor of a detailed presentation lasting approximately 15 minutes. The presentation should highlight the TRC zoning and density while discussing the TCAAP neighborhood components. Mayor Grant believed that the presentation should be completed at a very high level. Community Development Director Hutmacher reported that she would provide a high level presentation that would describe the TRC zoning and development that would take place on TCAAP for the May 26th Council meeting. C. Presbyterian Homes Associate Planner Bachler stated that on October 27, 2014, the City Council approved Planning Case 14-031 for a Master and Final Planned Unit Development (PUD) Amendment for the Johanna Shores redevelopment project at 3200 Lake Johanna Boulevard. Presbyterian Homes requested the PUD Amendment to allow for a reconfiguration of the Phase II Brownstone Buildings, increase the number of independent senior units in the building, and to update their construction schedule. Associate Planner Bachler commented that prior to issuing a building permit for the Brownstone Buildings, an amendment to the original PUD Development Agreement is required to be executed. The City Attorney has drafted the First Amendment to the Master PUD Agreement and Phase II Development Contract and it has been reviewed by the developer. Presbyterian Homes has asked to meet with the City Council to request a revision to the conditions in the Development Agreement related to cash escrow requirements for the project. As part of the approval of the PUD Amendment in October 2014, the City Council approved two conditions that require Presbyterian Homes to provide separate cash escrows in the amount of 25 percent of the cost of site improvements and 25 percent of the cost of landscaping for financial surety purposes. Included as an attachment in the agenda packet is a letter from Presbyterian Homes explaining why a reduction in the cash escrow amounts is being requested. Mayor Grant requested comment from the Presbyterian Homes representative on why they were requesting a reduction for Items 6D and 8D. Pam Belz, Presbyterian Homes representative, stated that she was assisting with the development at Presbyterian Homes. She provided comment on the escrow amounts that were posted with the City for previous developments. She believed that the proposed escrows would cover the project inspection fees. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 18, 2015 7 Mayor Grant asked if there was a reason staff chose 25%. Community Development Director Hutmacher explained that prior to Lexington Station, escrows and securities were negotiated on a project-by-project basis. This led to each project being different. For this reason, staff worked with the City Attorney to come up with a single standard. She stated that for large projects, there was good reason to allow for some level of flexibility. Councilmember McClung questioned what this level of flexibility should be for a project of this magnitude in order to cover any unanticipated costs. Community Development Director Hutmacher commented that staff may need to further discuss the expense of Item 6D in order to provide the Council with an accurate number. Associate Planner Bachler reported that a landscaping inspector would be hired to assist with Item 8D. It was staff’s opinion that the proposed escrow would cover the expense for these inspections. Councilmember Holden expressed frustration with Presbyterian Homes’ performance in the past. She did not believe it was that big of a concern for Presbyterian Homes to tie up money in a letter of credit to ensure that all work was completed as promised to the City. Councilmember Holmes asked how the letter of credit and escrow meshed together. City Attorney Jamnik explained that the letter of credit was an umbrella policy. He stated that the escrow was intended to reimburse the City on an ongoing basis for inspections and consultant work that needed to be paid on a monthly basis. This was for smaller and periodic amounts. Mayor Grant supported staff’s recommendation for Item 8D. He suggested that staff reconsider the escrow amount for Item 6D. Councilmember Holden wanted to see the escrow amount remain at $200,000. Councilmember Woodburn believed that Presbyterian Homes would make good on the project and would not require high escrow amounts. Councilmember Holmes thought that the 25% escrow amount was too high. She encouraged the Council to be reasonable. Councilmember McClung agreed with the Mayor and supported staff’s recommendation for Item 8D and encouraged staff to review the proposed escrow amount for Item 6D. He wanted to be ensured that the City would cover all of its expenses. 2. COUNCIL COMMENTS AND STAFF UPDATES Mayor Grant commented the County would be holding a work session on Tuesday, May 26th. He stated that he would be attending the meeting and hoped to discuss the concept of “good jobs” ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 18, 2015 8 along with the new Spine Road alignment. He indicated that he could provide the County Board with a high level presentation on the TRC. Councilmember Holden recommended that the required wetland areas be pointed out to the County. Mayor Grant reported that he could also discuss how the TRC aligns with Fit Test 1. Councilmember Holmes stated that density was the County’s biggest concern. She recommended that Mayor Grant address this issue with the County and explain that the City was only 200 units off from the County’s proposed density. Mayor Grant agreed that density was the County’s biggest concern and he noted that he would address this topic with the County Board. Further discussion ensued regarding a spreadsheet provided to the Council by Mark Ruff from Ehlers & Associates. City Administrator Klaers commented that the City needed to review its parking ordinance to address concerns stemming from State Fair parking. The Council supported staff proceeding with this matter. City Administrator Klaers reported that staff held a meeting with a large local business regarding a possible expansion project and City incentives. He stated that he would provide additional information as it becomes available. City Attorney Jamnik discussed information within the proposal that would be public and the information that would remain private. ADJOURN Mayor Grant adjourned the City Council work session at 8:06 p.m. __________________________ __________________________ Amy Dietl David Grant City Clerk Mayor Approved: June 29, 2015 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MAY 26, 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 7:05 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung, and Robert Woodburn Absent: None Also present: City Administrator Patrick Klaers; City Attorney Joel Jamnik; Director of Finance and Administrative Services Sue Iverson; Assistant City Engineer John Anderson; Community Development Director Jill Hutmacher; City Planner Ryan Streff; Associate Planner Matthew Bachler; and City Clerk Amy Dietl PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested that Item 5E be removed from the Agenda. He noted this request was made by the applicant. Councilmember Holmes requested that Item 8B be moved to the Consent Agenda. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL Katie Bach, 1861 West Highway 96, opposed the amendment to the PUD for the Holiday Stationstore. She reported that she sent a letter to the Planning Commission voicing this same opposition. She indicated that her letter was signed by 25 other residents living in her neighborhood. She commented that she sent an email to the Council and had attached pictures of the Holiday Stationstore for the Council to review. She encouraged the Council to understand that ARDEN HILLS CITY COUNCIL – MAY 26, 2015 2 the blue light at the Holiday Stationstore was extremely intense at this time. It was noted that Holiday was proposing to add 750 linear feet of additional blue lighting. For this reason, Ms. Bach recommended that the Council follow staff’s recommendation and deny the PUD amendment request as she did not believe that the additional blue lights should be allowed for further branding of the Holiday Stationstore. Mike Loosbrock, 4535 Lake Shore Place, did not support the additional blue lighting at Holiday Stationstore. He reported that residents across the lake are able to see the blue lighting during the day and at night. He expressed concern with how the additional lighting would impact his neighborhood and recommended that the Council deny Holiday Stationstores’ request. Glenn Beggin, 4519 Lake Shore Place, indicated that he could see the Holiday Stationstore from his house as well. He believed that the additional branding and blue lighting should not be allowed given the City’s current sign ordinance. He recommended that the Council deny Holiday’s PUD amendment. Tom Coffey, 1693 Wedgewood Circle, noted that he can see the Holiday Station lights all through the winter and spring months. He objected to additional blue lighting at the Holiday Stationstore. Dave Cmiel, 1861 West Highway 96, explained that he sent an email to Council. He discussed the original PUD for the Holiday Station noting that residents located more than 500 feet from the Holiday property were notified of the proposed changes. He questioned why residents located more than 500 feet from the Holiday property were not informed of the current PUD Amendment request. He recommended that the Council not allow additional blue lighting as it was clearly being used for advertising and branding by the Holiday Stationstore. 3. STAFF COMMENTS A. Rice Creek Commons (TCAAP) Update Community Development Director Hutmacher stated that a presentation on the draft TCAAP Redevelopment Code (TRC) and preliminary City Council approval of the TRC are scheduled for later in tonight’s regular City Council meeting. B. Transportation Update Assistant City Engineer Anderson reported that beams for the bridge were set on the Highway 51/County Road E project. Work was progressing on the west ramp and should be open near the end of this week. He indicated that the bridge decking should begin being poured in several weeks. Assistant City Engineer Anderson stated that traffic control signs were being posted at the I- 35W/County Road 96 interchange. Ramps would be closed on June 1st to assist with channeling traffic onto the north side of the existing bridge. He indicated that the interchange would be closed for three weeks in June for soil corrections. ARDEN HILLS CITY COUNCIL – MAY 26, 2015 3 Assistant City Engineer Anderson explained that Phase I of the County Road E project from Lexington Avenue to Highway 51 was complete. He commented that Phase II work would begin shortly. C. Spring Cleanup Day Update City Planner Streff stated that the Spring Cleanup Day event is scheduled for Saturday, June 6th from 7:00 a.m. to 1:00 p.m. It will be held at the Ramsey County Public Works Facility at 1425 Paul Kirkwood Drive. The event is co-sponsored by the cities of Arden Hills and Shoreview and open to residents of both cities. City Planner Streff indicated that residents who participate in the event will pay a nominal fee based on the vehicle type and load they bring to the event. Car loads will be charged $10, trucks, sports utility vehicles and vans will be charged $25, and trailers 8’x10’ or smaller will be charged $35. Oversized loads and trailers over 8’x10’ will be subject to additional charges. City Planner Streff reported that residents must remember to bring their ID and payment in the form of cash or check only. No credit cards will be accepted during this event. He explained that notice of the Spring Cleanup Day was included in both the April and May issues of the Arden Hills Notes, advertised on the City’s website, placed on the TV Bulletin Board, and a flyer was mailed to every resident in the City. 4. APPROVAL OF MINUTES A. April 13, 2015, Special City Council Work Session B. April 20, 2015, City Council Work Session C. May 2, 2015, Special City Council Work Session MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to approve the April 13, 2015, special City Council work session minutes, the April 20, 2015, City Council work session minutes; and the May 2, 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 2014 4th Quarter Financial Reports C. Motion to Approve 2015 1st Quarter Actuals D. Motion to Approve Planning Case 15-009 – CUP Amendment – Bethel University – 3900 Bethel Drive E. Motion to Approve Planning Case 15-010 – Minor Subdivision – 3517 Siems Court F. Motion to Consider Quotes for Oak Avenue Storm Sewer Repair G. Motion to Approve Planning Case 15-012 – PUD Amendment – Caribou Coffee – 3673 Lexington Avenue N ARDEN HILLS CITY COUNCIL – MAY 26, 2015 4 MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the Consent Calendar as amended removing Item 5E and adding Item 5G, and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 6. PULLED CONSENT ITEMS None. 7. PUBLIC HEARINGS None. 8. NEW BUSINESS A. Planning Case 15-008 – PUD Amendment – Holiday Station – 1920 Highway 96 West Associate Planner Bachler stated that in 2005, the City approved a Master PUD and Conditional Use Permit (CUP) in Planning Case 05-013 for the development of a Holiday service station and convenience store at 1920 West Highway 96. A CUP was required for the proposed use of the property as a service station with convenience retail and car wash in the G-B - Gateway Business District. The site was developed through the PUD process and allowed the developer flexibility on parking lot setback requirements and the use of certain building materials in exchange for additional landscaping on the property and an overall superior building design. Associate Planner Bachler commented that Holiday Stationstores, Inc. has proposed to install accent lighting on the canopy and building of the existing service station and convenience store. The accent lighting would be comprised of individual LED lights contained within a 0.75 inch diameter translucent blue tube designed to diffuse and dim the lighting. The light fixtures would be placed along the entire length of the building roofline and along the top edge of the canopy. Associate Planner Bachler reviewed the Plan Review and explained that the Planning Commission has recommended two conditions that would require automatic dimmers to be installed to reduce the nighttime brightness of the proposed architectural accent lighting and the existing LED lights on the Holiday monument sign. Each dimmer would reduce the light output of the fixtures to 350 nits at night. As a point of comparison, Holiday recently recorded a reading of 1,113 nits for the blue LED lights on the monument sign. The applicant has agreed to these conditions and would work with staff on completing a test of the light fixtures after installation to ensure compliance. Associate Planner Bachler indicated that a nit measures luminance, or how bright a light fixture is at its source. The technical definition for this unit of measurement is one nit is equal to one candela per square meter. A common candle has a luminous intensity of approximately one candela. Currently, the City does not have standards in place for the permitted luminance of decorative accent lighting. The Zoning Code only regulates the illuminance of a light fixture, which is the amount of light falling onto a surface. ARDEN HILLS CITY COUNCIL – MAY 26, 2015 5 Associate Planner Bachler stated that the nighttime requirement of 350 nits or less recommended by the Planning Commission was based on standards adopted by the City of Bloomington, Minnesota. Bloomington requires that unshielded decorative lighting on sites which are visible and within 500 feet of residential properties maintain a reading of no more than 350 nits during nighttime hours. This also corresponds with the recommendation of the Outdoor Advertising Association of America (OAAA), which has determined 300-350 nits to be acceptable for nighttime brightness. Associate Planner Bachler reported that the Planning Commission reviewed Planning Case 15- 008 at their regular meeting on May 6, 2015. The Planning Commission offers the following Findings of Fact for consideration: 1. The applicant has requested approval of a PUD Amendment for the property at 1920 West Highway 96. 2. A Master PUD was approved for 1920 West Highway 96 in Planning Case #05-013. 3. The applicant has requested an amendment to the PUD to install a single tube of LED illuminated architectural accents at the roofline of the canopy and building on the property. 4. The amendment would update the building and canopy elevations for the approved PUD. 5. Section 1240.02, Subd. 3 of the Sign Code does not permit service station canopies to be illuminated other than by lighting associated with approved signage. 6. The LED light fixtures would be contained within a plastic tube designed to dim and diffuse the lighting and would not further illuminate the canopy. 7. Section 1325.05, Subd. 3 of the Zoning Code states that direct glare shall not be directed at adjoining lots or public streets. 8. The plastic tube containing the LED light fixtures would dim and diffuse the light and reduce the overall intensity of the illumination. 9. The accent lighting would not result in visual discomfort or reduced visibility. 10. The proposed accent lighting would be in conformance with the requirements regarding exterior lighting within Section 1320.13 and Section 1325.05, Subd. 3 of the Zoning Code. 11. The proposal will not impact existing and anticipated traffic and parking conditions. 12. The proposal will not affect noise, odors, vibration, smoke, dust, air pollution, heat, liquid and solid waste on the property. 13. The proposal is not expected to create glare visible from adjoining public streets and residential areas to the east and north of the property. 14. The proposal will not affect drainage on the property. 15. The proposal will not affect the population density on the property. 16. The proposal is unlikely to significantly affect land values on the subject property or on neighboring properties. 17. The park dedication requirement does not apply in this case. 18. The proposal is in conformance with the City’s 2030 Comprehensive Plan. Associate Planner Bachler stated that the Planning Commission unanimously recommends approval (5-0) of Planning Case 15-008 for a PUD Amendment at 1920 West Highway 96, based on the Findings of Fact and the submitted plans in the May 26, 2015, Report to the City Council, as amended by the following four conditions: ARDEN HILLS CITY COUNCIL – MAY 26, 2015 6 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. A PUD Amendment Agreement shall be drafted by the City Attorney and shall be executed prior to the issuance of an Electrical Permit for the installation of the LED accent lights. 3. An automatic dimmer module shall be installed to reduce the nighttime light output of the LED accent lights on the canopy and building to no more than 350 nits. 4. An automatic dimmer module shall be installed on the existing monument sign on the property to reduce the nighttime light output of the LED lights on the sign to no more than 350 nits. Mayor Grant thanked Associate Planner Bachler for his report. Mayor Grant questioned if the lighting request from Holiday was similar to the blue lighting seen on other Holiday Stationstores in the metro area. Associate Planner Bachler stated that this was the case and that the lighting was comparable. Councilmember Holden asked why staff referred to the recommendations made by the Outdoor Advertising Association of America as a point of reference. Associate Planner Bachler reported that the report completed by staff with the City of Bloomington referenced research completed by the Outdoor Advertising Association of America (OAAA) and that this study found that the 300 to 350 nits range was an acceptable level of brightness. Councilmember Holden requested further information on the amount of light that can fall onto adjacent streets. Associate Planner Bachler indicated that the City’s Zoning Code requires that no more than 1 foot candle fall onto adjoining streets. Councilmember Holden inquired how the dimmer module would work. Associate Planner Bachler reported that the dimmer module would be on a timer. The lighting would be reduced at a set time each evening. It was noted that Holiday Stationstore had the equipment to test the nit levels and Holiday was willing to work with staff to ensure that the nighttime nit level was not above 350. Councilmember Woodburn asked what the wattage was on the proposed lighting units. Associate Planner Bachler reviewed the product details for the proposed blue lighting. Councilmember Holden requested further information from the applicant regarding the proposed LED timer/dimmer. ARDEN HILLS CITY COUNCIL – MAY 26, 2015 7 Michael Cronin, representative of Holiday Stationstore, reported that the timer was a clock that calculated the sunrise and sunset on a daily basis. The timer would then automatically th row the switch on a daily basis to a prescribed nighttime level. He provided the Council with a visual of the switch. He noted that Holiday currently uses these timers on each of its pricing signs. Councilmember Holmes questioned why Mr. Cronin referred to the City of Bloomington’s Sign Code. Mr. Cronin noted that he was a resident of Bloomington and believed that Bloomington had a forward-thinking Sign Code. It was his opinion that the proposed nit levels within the code were reasonable and he commented that the dimmer would assist in addressing the concerns from adjacent residents. MOTION: Councilmember McClung moved and Councilmember Woodburn seconded a motion to deny Planning Case 15-008 for a PUD Amendment at 1920 West Highway 96, based on the submitted plans and the 18 Findings of Fact from the May 6, 2015 Staff Report to the Planning Commission. Mayor Grant believed that the Planning Commission’s recommendation did not ring true, that the proposed tubing around the blue lighting would assist in diffusing the light. He was in favor of the motion to deny on the grounds that the nuisance and visual effect from the blue LED lighting was beyond what the City should entertain. Councilmember Woodburn stated that the Holiday Stationstore lighting was concealed from the adjacent neighborhoods during the summer months. However, the lighting would be very visible when the leaves were off all deciduous trees. He believed that glare was an issue and was subjective. He discussed how the eye views lighting logarithmically. He was disturbed by the similar lighting being used by Burger King and Menards. Mayor Grant commented that Holiday was using the blue lighting as a visual marker for passing traffic. He questioned if this long-distance visual impact should become a burden on Arden Hills’ residents. He expressed concern with the sharp contrast the blue lighting had in the evening hours. Councilmember Holmes wanted to see the Council support its local businesses. She understood that LED lighting was a new technology and would be properly controlled through the proposed dimmer and timer. She believed that the Council would be doing a disservice to a local business by not allowing the additional lighting. Councilmember Holden indicated that the Planning Commission dismissed staff’s recommendation and supported the additional lighting. She was in favor of the Council reviewing the City’s Sign Code further to find out what lighting levels would be acceptable. Councilmember McClung commented that he was in Bloomington on Friday and Saturday night. He believed that the dimmed Holiday lights still stood out rather prominently. He feared how adjacent Arden Hills residents would be impacted if additional blue LED lighting were ARDEN HILLS CITY COUNCIL – MAY 26, 2015 8 approved. He understood that the City would be receiving additional LED lighting requests and agreed that the City’s Sign Code should be reviewed. Councilmember Holmes explained that the Findings of Fact presented at the Planning Commission meeting were drafted prior to the 350 nit recommendation. Associate Planner Bachler stated that this was the case, noting that staff had originally proposed reducing the lighting level to 60% during nighttime hours. The Planning Commission recommended that the required light output be revised to 350 nits or less. City Attorney Jamnik requested that the motion be modified to supplement the Findings of Fact referenced by the comments made by the Council in support of the motion. He recommended that the motion to deny be amended so that modified Findings of Fact can be prepared by staff and be brought back to the Council at its next meeting. Councilmember McClung and Councilmember Woodburn accepted staff’s recommendation as a friendly amendment. The motion carried 4-1 (Holmes opposed). B. Planning Case 15-012 – PUD Amendment – Caribou Coffee – 3673 Lexington Avenue N This item was moved to the Consent Agenda. 9. UNFINISHED BUSINESS A. Preliminary Approval of TCAAP Redevelopment Code Community Development Director Hutmacher stated that in November 2012, the City Council approved a Joint Powers Agreement (JPA) with Ramsey County. As part of the JPA, the City agreed to complete a TCAAP Master Plan and an Alternative Urban Areawide Review (AUAR). The AUAR was approved by the City Council in July 2014. The City Council approved the Master Plan land use map in June 2014, and has been working on the regulations and policies component of the Master Plan (the “TRC”) since August 2014. Staff provided a brief overview of the TRC with the Council. Community Development Director Hutmacher explained that the City has completed its work on the TRC and would like the community to have ample time to review the document prior to the public hearings tentatively scheduled for July 8, 2015. Preliminary approval tonight will allow staff to prepare for the public hearings and to draft the Comprehensive Plan Amendment (CPA) as required by Minnesota Statutes. Staff provided a presentation on the planning process, key elements of the TRC, and the tentative approval and construction schedule. It was noted that the draft TRC was posted on the City’s website with a link from the home page to allow convenient public review of the document. ARDEN HILLS CITY COUNCIL – MAY 26, 2015 9 Community Development Director Hutmacher requested that the Council grant preliminary approval of the TCAAP Redevelopment Code pending public hearings and Met Council approval; authorize staff to prepare a draft Comprehensive Plan Amendment; and authorize staff to prepare for public hearings. Mayor Grant thanked Community Development Director Hutmacher for her presentation and asked the Council if they had any questions. Councilmember Holden stated that she did not believe that every intersection within the Gateway Overlay District should be required to have a turret, copula, or rotunda. She requested further information on how staff would define cornice edging. Associate Planner Bachler reviewed several photos and discussed how staff would define cornice edging along a building façade. Community Development Director Hutmacher indicated that the TRC included architectural features at each intersection within the Gateway Overlay District. These features did not necessarily have to add to overall building height. She reported that decorative cornices could be added to the list of approved architectural items. Councilmember Holden asked what amount of land acreage would be used for residential development. Community Development Director Hutmacher explained that approximately 151 acres are available for residential development, and that this number has continued to evolve after the Spine Road shifted and park space has moved. She stated that once TCAAP was platted, the City would have precise numbers for each of the areas. Councilmember Holden indicated that she attended the Ramsey County Board meeting today. She questioned what the benefit would be to increase the density as high as possible. Councilmember Woodburn stated that he had the same question. Mayor Grant stated that he did not have an understanding as to why the County was pushing for a higher density development than what the City was considering. He understood that high- quality jobs, development amenities, and various other factors were also concerns to the County. Councilmember Holmes expressed confusion and wondered why the County needed 1,600 residential units on TCAAP with a density of 10 to 15 units per acre. She believed that based on the handout provided by the County, the proposed numbers would assist the County in reaching their metrics. Councilmember Holden reported that the metrics were a new development from the County. Mayor Grant understood the metrics were new to the County Commissioners. He commented that the return on investment metric was a higher priority to some Commissioners than others. It appeared to him that the County had not discussed the metrics. ARDEN HILLS CITY COUNCIL – MAY 26, 2015 10 City Administrator Klaers stated that he believed that the Mayor’s presentation to the County Board on the City’s proposal for TCAAP was very well-received. Councilmember Holden commented that she would like to decrease the maximum density within the NB-3 Zoning District from 8 units per acre to 6.75. She was in favor of approving a 95% efficiency for future TCAAP developments. Councilmember Holden stated that she was concerned with how the City would meet the County’s 20% affordable housing requirement. She questioned how this goal would be met unless the City was to offer TIF. Mayor Grant understood that the County believed “there was lots of money out there” to assist with subsidizing affordable housing projects. Mayor Grant questioned how the density within the TCAAP neighborhoods was calculated. Community Development Director Hutmacher reviewed how staff had calculated the density, noting that it was a gross acres net of parks, regional stormwater infrastructure, and arterial roads. She reported that the neighborhood streets were included in the calculation. Councilmember Holmes inquired if the Council had to approve the 95% efficiency requirement when the density levels had already been set. Community Development Director Hutmacher clarified that staff was responding to a request made by Councilmember Holden with regard to the 95% efficiency requirement. This led to the proposed density decrease in the NB-3 Zoning District. Councilmember Holmes believed that this was a waste of time and that the slight reduction of 40 units was not worth additional Council discussion. Councilmember Holden commented that it was important to her because without the adjustment, the Council would be locked into 1,476 units on TCAAP instead of 1,431. Mayor Grant added that it may be to the advantage of future developers to have slightly larger lots, but noted that there were still a large number of 50-foot lots. He supported Councilmember Holden’s proposed change. Councilmember Holden asked what kind of deviations within the land use plan would be reviewed by the City. City Attorney Jamnik advised that the Council reserve the authority to review significant deviations from the adopted plan. He discussed Section 3.3 within the TRC and commented that the Regulating Plan Map and TRC were to be approved by the Council. He explained that because this framework exists, any significant deviations from the original plans should be reviewed by the City Council. He reviewed language that he had drafted last week that speaks to this matter noting that it would be written into the Comprehensive Plan Amendment. This would ensure that the Council would be able to review any large-scale deviations. ARDEN HILLS CITY COUNCIL – MAY 26, 2015 11 Councilmember Holden feared that everything would be coming back to the City for review. City Attorney Jamnik reported that if a developer devised plans that fell within the guidelines designed by the City, the Council would not be required to review the plans. Only if the developer goes outside of the lines would the Council be required to review the proposed plans. Councilmember Holden questioned when the final size of each sub-district within TCAAP would be set. Community Development Director Hutmacher explained that this would be completed when the site was platted by the County. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to grant preliminary approval of the TCAAP Redevelopment Code (TRC) pending public hearings and Metropolitan Council approval of the Comprehensive Plan Amendment. AMENDMENT: Councilmember Holden moved and Councilmember Woodburn second a motion amending the density within the NB-3 Zoning District be reduced to a maximum density of 6.75 units per acre. Councilmember Holden believed that this was a valuable amendment as it would require the 95% efficiency. She reviewed the location of the proposed change within the TRC. The amendment carried 3-2 (Holmes and McClung opposed). Councilmember Holden thanked staff for all of their work on the TRC over the past nine months. Mayor Grant agreed stating that he appreciated the efforts of the entire Planning staff. Councilmember Holmes asked if approval of the preliminary TRC required a 4/5’s vote. Community Development Director Hutmacher commented that the preliminary approval required only a 3/5’s vote. The amended motion carried 3-2 (McClung and Woodburn opposed). MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to authorize staff to prepare the draft Comprehensive Plan Amendment. The motion carried unanimously 4-1 (McClung opposed). MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to authorize staff to prepare for public hearings. The motion carried unanimously 4-1 (McClung opposed). 10. COUNCIL COMMENTS ARDEN HILLS CITY COUNCIL – MAY 26, 2015 12 Councilmember Holden asked if staff had an update on Round Lake. Community Development Director Hutmacher stated that she did not have new information on Round Lake and would request an update from the Minnesota Pollution Control Agency. Councilmember McClung indicated that he supported the development of TCAAP, just not as it has been drafted within the TRC. Mayor Grant reported that he drove down Round Lake Road this weekend and the quality of the pavement surface was noticeably improved. Mayor Grant explained that he provided the County Board with a short presentation on TCAAP and the TRC today. He thanked the County Board for their time. 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 9:33 p.m. __________________________ __________________________ Amy Dietl David Grant City Clerk Mayor Page 1 of 1 DATE: June 29, 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 #13 .................................................................................... $ 87,927.60 Total Payroll $ 87,927.60 Accounts Payable Claims Through 06/26/2015 Paid Claims (Check No 0 Sales Tax EFT) ............................................. $ 23.00 Paid Claims (Check No 44763-Check No 44820) ................................. $ 846,985.57 Paid Claims (Check No 44821-Check No 44822) ................................. $ 121,874.74 Total Accounts Payable $ 968,883.31 Total Claims $ 1,056,810.91 CONSENT ITEM - 6A MEMORANDUM CITY OF ARDEN HILLS PAYROLL # 13 CHECKS DATED: 06/19/15 Biweekly: 05/30/15 - 06/12/15 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 7,233.67 EFT SIT 2,960.30 EFT FICA Oasdi 4,619.37 EFT FICA Medicare 1,080.35 EFT TOTAL TAXES 15,893.69 Health Premium 2,266.71 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 2,912.54 HSA Health Saving 641.24 Health Care Savings Plan EFT Health Care Savings Plan-2% 283.97 EFT Health Care Savings Plan-4% 178.75 EFT TOTAL HEALTH SAVINGS 1,103.96 PERA 4,195.27 EFT ICMA 2,509.82 EFT Central Pension Fund-Union 614.40 A/P Check* MN State Retirement System 342.85 EFT TOTAL RETIREMENT 7,662.34 IUOE 49 Dues (Union) 132.00 A/P Check* LTD/STD Insurance 0.00 A/P Check* PERA Life Insurance 32.00 A/P Check* CITY BENEFIT 4,619.37 1,080.35 5,699.72 (1,138.24) 0.00 (1,138.24) 0.00 0.00 4,840.70 307.73 5,148.43 PERA Life Insurance 32.00 A/P Check Life/Addl/Dep Life 139.95 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 7.74 A/P Check* TOTAL VOLUNTARY 685.88 Total Employee Deductions 28,258.41 Net Payroll 234.86 Direct Deposit 49,959.28 EFT Gross Payroll Tie-Out 78,452.55 STD/LTD Gross - Up 0.00 Plus City Paid Benefit 9,709.91 ICMA Benefit Held 0.00 TOTAL PAYROLL COST 87,927.60 FICA TIE-OUT Gross Payroll 78,452.55 Less Total FSA 2,912.54 Plus Employer Match ICMA 0.00 Plus ICMA Benefit Held 0.00 Net P/R Subject to FICA 75,540.01 FICA Oasdi @ 6.20%4,619.37 FICA Medicare @ 1.45%1,080.35 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. 0.00 0.00 1 Ashley Bertrand From:MN Revenue e-Services [eservices.mdor@state.mn.us] Sent:Monday, June 15, 2015 3:46 PM To:Ashley Bertrand Subject:Your Recent Return and Payment Requests This email is an automated notification and is unable to receive replies. Sales and Use Tax - Return Submitted Thank you, your request has been submitted. Please allow 3 business days for your return to appear online. Please allow 3 business days from 20-Jun-2015 for your payment to appear online. You can change or cancel this request until 5:00 p.m. Central time. Confirmation Summary Submitted Date and Time: 15-Jun-2015 3:45:58 PM Legal Name: ARDEN HILLS CITY OF Federal Employer ID: 41-6008992 User Who Submitted: Accounting Analyst Type of Request Submitted: Return for 5/31/2015 Account Name: ARDEN HILLS CITY OF Minnesota ID: 9047998 Return Summary Return Confirmation Number: 0-670-501-760 Account Type: Sales & Use Tax Filing Period: 31-May-2015 Projected Amount/Credit Due: $23.00 Payment Summary Payment Confirmation Number: 1-744-243-584 Account Type: Sales & Use Tax Filing Period: 31-May-2015 Payment Amount: $23.00 Payment Type: Return Payment Date: 20-Jun-2015 Bank Name: US BANK NA Bank Account Number: ********9377 Contact Us If you need further assistance, contact our Sales and Use Tax Division at 651-296-6181, (toll-free) 800-657-3777, or (email) SalesUse.Tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. 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Accounts Payable User: Printed: ashley.bertrand 6/25/2015 6:57 AM Checks by Date - Detail by Check Date Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0602 US BANK 06/11/2015ACH Dietl-040515 April-May 2015 Credit Card Charges-Job Posting April-May 2015 Credit Card Charges 290.00 Dietl-040515 April-May 2015 Credit Card Charges-Supplies April-May 2015 Credit Card Charges 63.20 Freyberg-040515 April-May 2015 Credit Card Charges-Clothing AllowanceApril-May 2015 Credit Card Charges 164.96 Frid-040515 April-May 2015 Credit Card Charges-Supplies April-May 2015 Credit Card Charges 154.04 Frid-040515 April-May 2015 Credit Card Charges-Training April-May 2015 Credit Card Charges 40.00 Grant-040515 April-May 2015 Credit Card Charges-Clay Play April-May 2015 Credit Card Charges 27.85 Grant-040515 April-May 2015 Credit Card Charges-Project Bid PostageApril-May 2015 Credit Card Charges 26.75 Grant-040515 April-May 2015 Credit Card Charges-Trees April-May 2015 Credit Card Charges 150.00 Grant-040515 April-May 2015 Credit Card Charges-Clay Play April-May 2015 Credit Card Charges 41.12 Grant-040515 April-May 2015 Credit Card Charges-Clay Play April-May 2015 Credit Card Charges 69.55 Hutmache-040515 April-May 2015 Credit Card Charges-Training April-May 2015 Credit Card Charges 70.00 Iverson-040515 April-May 2015 Credit Card Charges-Training April-May 2015 Credit Card Charges 444.90 Iverson-040515 April-May 2015 Credit Card Charges-Survey MonkeyApril-May 2015 Credit Card Charges 300.00 Mikacevi-040515 April-May 2015 Credit Card Charges-Supplies April-May 2015 Credit Card Charges 58.90 Mooney-040515 April-May 2015 Credit Card Charges-Supplies April-May 2015 Credit Card Charges 66.00 Mooney-040515 April-May 2015 Credit Card Charges-Phone SuppliesApril-May 2015 Credit Card Charges 29.98 Mooney-040515 April-May 2015 Credit Card Charges-Supplies April-May 2015 Credit Card Charges 288.76 Scherbel-040515 April-May 2015 Credit Card Charges-Repair & MaintenanceApril-May 2015 Credit Card Charges 325.20 Scherbel-040515 April-May 2015 Credit Card Charges-Repair & MaintenanceApril-May 2015 Credit Card Charges 9.63 2,620.84Total for this ACH Check for Vendor 0602: 2,620.84Total for 6/11/2015: 0192 Grainger, Inc 06/12/2015ACH 9741476031 PW Parts PW Parts 37.20 37.20Total for this ACH Check for Vendor 0192: 0285 Xcel Energy 06/12/2015ACH 457444191 April 2015 Utility Bill April 2015 Utility Bill 1,537.29 1,537.29Total for this ACH Check for Vendor 0285: 0387 ICMA Retirement Trust- #302482 06/12/2015ACH PR Batch 00101.06.2015 ICMA Employee PercentPR Batch 00101.06.2015 ICMA Employee Percent 21.82 21.82Total for this ACH Check for Vendor 0387: 0453 Continental Research Corp.06/12/2015ACH 420138-CRC-1 PW Parts PW Parts 875.00 875.00Total for this ACH Check for Vendor 0453: 1110 Pitney Bowes 06/12/2015ACH 05232015-PB May 2015 Postage May 2015 Postage 19.99 05232015-PB May 2015 Postage May 2015 Postage 597.53 Page 1AP Checks by Date - Detail by Check Date (6/25/2015 6:57 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 617.52Total for this ACH Check for Vendor 1110: 1408 Supply Solutions 06/12/2015ACH 6160 City Hall Supplies City Hall Supplies 50.00 50.00Total for this ACH Check for Vendor 1408: 1481 Park Construction 06/12/2015ACH 06082015-PC County Road E/Pine Tree Drive Payment #2 County Road E/Pine Tree Drive Payment #2 109,669.23 109,669.23Total for this ACH Check for Vendor 1481: 2129 Elfering & Associates 06/12/2015ACH 2100 April 10/96 Engineer Expenses April 10/96 Engineer Expenses 245.00 245.00Total for this ACH Check for Vendor 2129: 4889 Community Footworks 06/12/2015ACH 06032015-CF June 2015 Foot Clinic June 2015 Foot Clinic 394.40 394.40Total for this ACH Check for Vendor 4889: 5589 Independent Officials Association, LLC. 06/12/2015ACH 560 May 2015 Umpiring Services May 2015 Umpiring Services 1,404.00 1,404.00Total for this ACH Check for Vendor 5589: 6349 Mary Nosek 06/12/2015ACH 15-008 May 2015 AH Notes May 2015 AH Notes 140.00 140.00Total for this ACH Check for Vendor 6349: FPTC Flexible Pipe Tool Company 06/12/2015ACH 18731 New Jet Vac New Jet Vac 235,051.00 235,051.00Total for this ACH Check for Vendor FPTC: TOII Tokle Inspections, Inc 06/12/2015ACH 06012015-Tokle May 2015 Inspections May 2015 Inspections 990.40 990.40Total for this ACH Check for Vendor TOII: 0339 Ferguson Waterworks 2516 06/12/201544763 0138347 PW Parts PW Parts 1,390.96 0140064 PW Parts PW Parts 3,709.81 0140697 PW Parts 290.91 0140717 PW Parts PW Parts 121.00 5,512.68Total for Check Number 44763: 4470 GLTC Premium Payments 06/12/201544764 1544107 June 2015 Long Term Care June 2015 Long Term Care 187.44 187.44Total for Check Number 44764: 0194 H&L Mesabi, Inc.06/12/201544765 H93393 PW Parts PW Parts 270.00 270.00Total for Check Number 44765: 9045 Happy Feet Dance Company 06/12/201544766 05292015-HFDC 2015 Spring Dance Lessons 2015 Spring Dance Lessons 1,365.00 Page 2AP Checks by Date - Detail by Check Date (6/25/2015 6:57 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 1,365.00Total for Check Number 44766: 0447 I.U.O.E Local 49 Benefit Fund-Insurance 06/12/201544767 06.15.2015 July 2015 PW Benefits July 2015 PW Benefits 1,200.00 06152015 July 2015 PW Benefits July 2015 PW Benefits 8,480.00 9,680.00Total for Check Number 44767: IDAI Ideal Advertising, Inc 06/12/201544768 38756 Youth/Adult Baseball Hats Youth/Adult Baseball Hats 402.50 402.50Total for Check Number 44768: 0147 ISD 621-Mounds View Community Ed 06/12/201544769 5893 April-May Facility Rental April-May Facility Rental 34.65 5895 April-May Facility Rental April-May Facility Rental 71.25 105.90Total for Check Number 44769: 1450 League of MN Cities Inc. Trust (SP) 06/12/201544770 06112015-0614 June 2014 Payment June 2014 Payment 1,058.80 06112015-Q115 Q1 2015 Payment June 2014 Payment 1,739.94 06112015-Q215 Q2 2015 Payment June 2014 Payment 460.60 06112015-Q414 Q4 2014 Payment June 2014 Payment 686.20 3,945.54Total for Check Number 44770: 0257 Minnesota Dept. of Health 06/12/201544771 06102015-JF Frid Water Supply Operator Renewal Frid Water Supply Operator Renewal 23.00 06112015-AN Nowlan Water Supply Operator Renewal Frid Water Supply Operator Renewal 23.00 46.00Total for Check Number 44771: 1330 MN CLN SERVICES LLC 06/12/201544772 0515078 April 2015 Cleaning April 2015 Cleaning 614.25 0615NN01 May 2015 Cleaning May 2015 Cleaning 1,478.75 2,093.00Total for Check Number 44772: 0155 Office of MN IT Services 06/12/201544773 W15040685 April 2015 Phone Bill April 2015 Phone Bill 717.42 717.42Total for Check Number 44773: 7025 On Site Sanitation 06/12/201544774 14427 June 2015 Restroom Rental June 2015 Restroom Rental 460.00 460.00Total for Check Number 44774: 0811 Ramsey County 06/12/201544775 PUBW-014584 April 2015 Fuel Purchase April 2015 Fuel Purchase 2,785.99 2,785.99Total for Check Number 44775: 1387 Standard Insurance Company 06/12/201544776 147490-0615 June 2015 STD/LTD/Life Insurance Premiums June 2015 STD/LTD/Life Insurance Premiums 1,572.66 1,572.66Total for Check Number 44776: 0576 TimeSaver Off Site Secretarial 06/12/201544777 M21309 CC/EDA/Plan Com Mtgs CC/EDA/Plan Com Mtgs 326.75 M21309 CC/EDA/Plan Com Mtgs CC/EDA/Plan Com Mtgs 118.59 Page 3AP Checks by Date - Detail by Check Date (6/25/2015 6:57 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription M21309 CC/EDA/Plan Com Mtgs CC/EDA/Plan Com Mtgs 867.16 1,312.50Total for Check Number 44777: 3099 Tri-State Bobcat, Inc.-Little Canada 06/12/201544778 E17181 PW Rental PW Rental 165.00 V75422 PW Vehicle #214 Repair PW Vehicle #214 Repair 208.27 373.27Total for Check Number 44778: 381,862.76Total for 6/12/2015: 0225 Lillie Suburban Newspapers 06/18/2015ACH 05292015-LSN May 2015 Publications May 2015 Publications 72.45 72.45Total for this ACH Check for Vendor 0225: 0285 Xcel Energy 06/18/2015ACH 458319406 April 2015 Utility Bill April 2015 Utility Bill 698.47 458319406 April 2015 Utility Bill April 2015 Utility Bill 590.01 458319406 April 2015 Utility Bill April 2015 Utility Bill 1,327.07 458319406 April 2015 Utility Bill April 2015 Utility Bill 822.96 458319406 April 2015 Utility Bill April 2015 Utility Bill 337.66 3,776.17Total for this ACH Check for Vendor 0285: 0382 ICMA Retirement Trust - 106944 06/18/2015ACH PR Batch 00200.06.2015 ICMA Employee Percent 401PR Batch 00200.06.2015 ICMA Employee Percent 401 266.70 PR Batch 00200.06.2015 ICMA Employer Percent 401PR Batch 00200.06.2015 ICMA Employer Percent 401 307.73 574.43Total for this ACH Check for Vendor 0382: 0387 ICMA Retirement Trust- #302482 06/18/2015ACH PR Batch 00200.06.2015 ICMA Employee PercentPR Batch 00200.06.2015 ICMA Employee Percent 555.04 PR Batch 00200.06.2015 ICMA Employee DeductionPR Batch 00200.06.2015 ICMA Employee Deduction 1,688.08 2,243.12Total for this ACH Check for Vendor 0387: 0772 ESS Brothers & Sons, Inc.06/18/2015ACH UU2372 SWM Parts SWM Parts 2,461.50 2,461.50Total for this ACH Check for Vendor 0772: 1041 Aaron Thelen 06/18/2015ACH 06152015-AT May-June 2015 Mileage Reimbursement May-June 2015 Mileage Reimbursement 64.40 64.40Total for this ACH Check for Vendor 1041: 1223 Adam's Pest Control, Inc.06/18/2015ACH 2231991 June 2015 Pest Control June 2015 Pest Control 62.54 62.54Total for this ACH Check for Vendor 1223: 1252 Campbell Knutson - Attorneys at Law 06/18/2015ACH 3231G-0415 April 2015 Legal Fees-PC 14-036 April 2015 Legal Fees 303.53 3231G-0415 April 2015 Legal Fees-PC 15-002 April 2015 Legal Fees 1,613.70 3231G-0415 April 2015 Legal Fees-PC 11-016 April 2015 Legal Fees 23.10 3231G-0415 April 2015 Legal Fees-Mounds View Trail April 2015 Legal Fees 140.00 3231G-0415 April 2015 Legal Fees-PC 15-001 April 2015 Legal Fees 155.80 3231G-0415 April 2015 Legal Fees-TCAAP April 2015 Legal Fees 700.00 3231G-0415 April 2015 Legal Fees-Admin April 2015 Legal Fees 1,358.00 Page 4AP Checks by Date - Detail by Check Date (6/25/2015 6:57 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 3231G-0415 April 2015 Legal Fees-TAT Appeal April 2015 Legal Fees 24.23 3231G-0415 April 2015 Legal Fees-Escrow April 2015 Legal Fees 560.00 3231G-0415 April 2015 Legal Fees-Inspections April 2015 Legal Fees 70.00 3231G-0415 April 2015 Legal Fees-EDA April 2015 Legal Fees 70.00 3231G-0415 April 2015 Legal Fees-TCAAP April 2015 Legal Fees 140.00 3231G-0415 April 2015 Legal Fees-Inspections April 2015 Legal Fees 70.00 3231G-0415 April 2015 Legal Fees-PC 15-004 April 2015 Legal Fees 1,028.50 3231G-0415 April 2015 Legal Fees-P&Z April 2015 Legal Fees 210.00 6,466.86Total for this ACH Check for Vendor 1252: 0600 315800-NCPERS Minnesota 06/18/201544779 3158615 May 2015 Payroll Deductions May 2015 Payroll Deductions 64.00 64.00Total for Check Number 44779: 6047 Avesis Third Party Administrators, Inc 06/18/201544780 15G5958-IN June 2015 Vision June 2015 Vision 10.86 10.86Total for Check Number 44780: 1929 Bateman, Laura 06/18/201544781 06092015-LB 2015 Valentine Hills Track Coach 2015 Valentine Hills Track Coach 965.69 965.69Total for Check Number 44781: BELA Bel Air Elementary 06/18/201544782 06122015-BAE 2015 Track Transportation Costs 2015 Track Transportation Costs 970.00 970.00Total for Check Number 44782: 0319 City of Roseville 06/18/201544783 06162015-2006 Ford 2006 License Fee Ford 2006 License Fee 20.25 20.25Total for Check Number 44783: 0841 Ehlers & Associates, Inc.06/18/201544784 67695 May 2015 TCAAP Expenses May 2015 TCAAP Expenses 315.00 67696 May 2015 Financial Consultant Expenses May 2015 Financial Consultant Expenses 3,360.00 67697 May 2015 Expenses May 2015 TCAAP Expenses 105.00 3,780.00Total for Check Number 44784: 0339 Ferguson Waterworks 2516 06/18/201544785 0140734 PW Parts PW Parts 81.53 81.53Total for Check Number 44785: 8050 International Institute of Municipal Clerks 06/18/201544786 04062015-Iverso 2015 Membership Dues-Iverson 2015 Membership Dues-Iverson 155.00 155.00Total for Check Number 44786: 0916 Lakes Country Service Coop 06/18/201544787 CI073HA9-0715 July 2015 Insurance July 2015 Insurance 4,746.50 CI073HB7-0715 July 2015 Insurance July 2015 Insurance 2,776.50 CI073HE1-0715 July 2015 Insurance July 2015 Insurance 1,568.50 9,091.50Total for Check Number 44787: 1450 League of MN Cities Inc. Trust (SP) 06/18/201544788 PC0029761 PC0029761 TAT Properties Claim PC0029761 TAT Properties Claim 26,616.67 Page 5AP Checks by Date - Detail by Check Date (6/25/2015 6:57 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 26,616.67Total for Check Number 44788: 5665 Metering & Technology Solution 06/18/201544789 3611 Water Meter Supplies Water Meter Supplies 1,566.00 1,566.00Total for Check Number 44789: 0556 Minnesota City/County Mgmt. Assoc. 06/18/201544790 05012015-MCMA 2015 Membership Dues 2015 Membership Dues 148.97 148.97Total for Check Number 44790: 1611 Moberg, Molly 06/18/201544791 06102015-MM Valentine Hills Track Coach Valentine Hills Track Coach 965.69 965.69Total for Check Number 44791: MONTD David Montgomery 06/18/201544792 06162015-DM 2015 Spring/Summer Basketball Camp 2015 Spring/Summer Basketball Camp 816.00 816.00Total for Check Number 44792: 1254 Nuss Truck and Equipment 06/18/201544793 8976 2015 Mack Chassis 2015 Mack Chassis 87,789.00 87,789.00Total for Check Number 44793: 3100 Provident Life and Accident Ins Co 06/18/201544794 9672443-0515 May 2015 UNUM Payment May 2015 UNUM Payment 85.10 85.10Total for Check Number 44794: 0811 Ramsey County 06/18/201544795 EMCOM-004228 May 2015 Fleet Support Fee May 2015 Fleet Support Fee 24.96 PUBW-014598 Feb-Apr 2015 Labor/Parts Invoice Feb-Apr 2015 Labor/Parts Invoice 2,198.71 PUBW-014598 Feb-Apr 2015 Labor/Parts Invoice Feb-Apr 2015 Labor/Parts Invoice 4,879.00 7,102.67Total for Check Number 44795: 0282 Republic Services #899 06/18/201544796 0899-002679279 May 2015 Recycling Costs May 2015 Recycling Costs 6,969.42 6,969.42Total for Check Number 44796: 1193 SelectAccount 06/18/201544797 1103550 June 2015 Participant Fees June 2015 Participant Fees 40.09 40.09Total for Check Number 44797: 0751 Short Elliott Hendrickson, Inc.06/18/201544798 297777 April 2015 Escrow Charges April 2015 Escrow Charges 103.34 297778 April 2015 Escrow Charges April 2015 Escrow Charges 2,828.84 2,932.18Total for Check Number 44798: 0327 Staples Business Advantage 06/18/201544799 3266581526 Office Supplies Office Supplies 511.81 511.81Total for Check Number 44799: 0438 Taylor Swanson 06/18/201544800 06132015-TS Valentine Hills Track Coach Valentine Hills Track Coach 965.69 Page 6AP Checks by Date - Detail by Check Date (6/25/2015 6:57 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 965.69Total for Check Number 44800: 0925 T-Mobile 06/18/201544801 06222015-Tmobil May 2015 Tablet Charges May 2015 Tablet Charges 359.91 359.91Total for Check Number 44801: 3099 Tri-State Bobcat, Inc.-Little Canada 06/18/201544802 A14584 PW Parts PW Parts 44.01 A14685 PW Parts PW Parts 55.29 A14876 PW Parts PW Parts 867.92 967.22Total for Check Number 44802: 8800 Valley Paving Inc 06/18/201544803 05112015-VP 2015 PMP Payment #1 2015 PMP Payment #1 45,463.85 05112015-VP 2015 PMP Payment #1 2015 PMP Payment #1 53,914.48 05112015-VP 2015 PMP Payment #1 2015 PMP Payment #1 4,032.67 05112015-VP 2015 PMP Payment #1 2015 PMP Payment #1 153,446.93 256,857.93Total for Check Number 44803: WECT Tom Weko 06/18/201544804 06162015-TW 2015 Summer Volleyball Camp 2015 Summer Volleyball Camp 3,816.00 3,816.00Total for Check Number 44804: 429,370.65Total for 6/18/2015: 0189 Gopher State One-Call, Inc.06/24/2015ACH 136130 May 2015 Locates May 2015 Locates 228.62 136130 May 2015 Locates May 2015 Locates 228.63 457.25Total for this ACH Check for Vendor 0189: 0192 Grainger, Inc 06/24/2015ACH 9755152015 PW Parts PW Parts 39.20 39.20Total for this ACH Check for Vendor 0192: 0292 Oxygen Service Company, Inc.06/24/2015ACH 03305432 May 2015 PW Rental May 2015 PW Rental 17.98 17.98Total for this ACH Check for Vendor 0292: 0320 Health Partners 06/24/2015ACH 89380741 July 2015 Dental Insurance July 2015 Dental Insurance 1,194.66 1,194.66Total for this ACH Check for Vendor 0320: 1252 Campbell Knutson - Attorneys at Law 06/24/2015ACH 3231G-0515 May 2015 Legal Fees-PC 11-016 May 2015 Legal Fees 30.80 3231G-0515 May 2015 Legal Fees-TCAAP May 2015 Legal Fees 700.00 3231G-0515 May 2015 Legal Fees-Admin May 2015 Legal Fees 910.00 3231G-0515 May 2015 Legal Fees-PC 15-008 May 2015 Legal Fees 140.00 3231G-0515 May 2015 Legal Fees-PC 15-006 May 2015 Legal Fees 51.53 3231G-0515 May 2015 Legal Fees-TCAAP May 2015 Legal Fees 630.00 3231G-0515 May 2015 Legal Fees-PC 14-036 May 2015 Legal Fees 129.63 3231G-0515 May 2015 Legal Fees-Sewer May 2015 Legal Fees 28.00 3231G-0515 May 2015 Legal Fees-Inspections May 2015 Legal Fees 98.00 Page 7AP Checks by Date - Detail by Check Date (6/25/2015 6:57 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 3231G-0515 May 2015 Legal Fees-P&Z May 2015 Legal Fees 70.00 3231G-0515 May 2015 Legal Fees-PC 15-002 May 2015 Legal Fees 945.50 3231G-0515 May 2015 Legal Fees-EDA May 2015 Legal Fees 140.00 3231G-0515 May 2015 Legal Fees-Round Lake Road May 2015 Legal Fees 100.10 3231G-0515 May 2015 Legal Fees-PC 15-004 May 2015 Legal Fees 75.00 3231G-0515 May 2015 Legal Fees-Inspections May 2015 Legal Fees 140.00 4,188.56Total for this ACH Check for Vendor 1252: 2226 Sharrow Lifting Products 06/24/2015ACH 88501 Water Expenses Water Expenses 176.01 176.01Total for this ACH Check for Vendor 2226: 5587 CES Imaging 06/24/2015ACH INV020147 May 2015 Plotter Rental Charges May 2015 Plotter Rental Charges 60.00 60.00Total for this ACH Check for Vendor 5587: 5596 Jamar Company 06/24/2015ACH 387473 PW Parts PW Parts 142.20 142.20Total for this ACH Check for Vendor 5596: 6060 Batteries Plus 06/24/2015ACH 028-439195 PW Parts PW Parts 91.50 91.50Total for this ACH Check for Vendor 6060: 6987 Cities Digital 06/24/2015ACH 36017 May 2015 Document Scanning May 2015 Document Scanning 1,860.12 1,860.12Total for this ACH Check for Vendor 6987: ALPI Allegra Print & Imaging 06/24/2015ACH 144327 June 2015 Newsletter June 2015 Newsletter 1,575.44 1,575.44Total for this ACH Check for Vendor ALPI: 8029 MMKR & Co, PA 06/24/2015ACH 6115 2014 Auditwork Thru 05.31.15 2014 Auditwork Thru 05.31.15 4,155.00 6115 2014 Auditwork Thru 05.31.15 2014 Auditwork Thru 05.31.15 4,155.00 6115 2014 Auditwork Thru 05.31.15 2014 Auditwork Thru 05.31.15 4,155.00 6115 2014 Auditwork Thru 05.31.15 2014 Auditwork Thru 05.31.15 4,155.00 6115 2014 Auditwork Thru 05.31.15 2014 Auditwork Thru 05.31.15 4,155.00 20,775.00Total for this ACH Check for Vendor 8029: 5593 American Legal Publishing Corp. 06/24/201544805 0105287 MN Code of Ordinances MN Code of Ordinances 27.00 27.00Total for Check Number 44805: CANON Canon Financial Services 06/24/201544806 14992263 June 2015 Copier Lease June 2015 Copier Lease 214.42 14992263 June 2015 Copier Lease June 2015 Copier Lease 1,215.08 1,429.50Total for Check Number 44806: 40010 City of New Brighton 06/24/201544807 06122015-CNB Track Payment Reimbursement Track Payment Reimbursement 297.93 Page 8AP Checks by Date - Detail by Check Date (6/25/2015 6:57 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 297.93Total for Check Number 44807: 0319 City of Roseville 06/24/201544808 0220255 June 2015 IT Bill June 2015 IT Bill 3,206.83 0220283 June 2015 Phone Bill June 2015 Phone Bill 403.85 3,610.68Total for Check Number 44808: 1372 Hillcrest Animal Hospital 06/24/201544809 11116-0515 May 2015 Animal Control Services May 2015 Animal Control Services 140.50 140.50Total for Check Number 44809: 4999 Hirshfield's Paint Mfg., Inc.06/24/201544810 106944 Athletic Field Paint Athletic Field Paint 1,312.50 1,312.50Total for Check Number 44810: 0390 INT'L Union Operating Engineers-Union Dues06/24/201544811 06052015-INT June 2015 Union Dues June 2015 Union Dues 264.00 264.00Total for Check Number 44811: 0230 MTI Distributing Co.06/24/201544812 1014874-00 PW Parts PW Parts 38.33 38.33Total for Check Number 44812: 6074 Norsk Concrete Construction, Inc. 06/24/201544813 05282015-NC 2015 Curb Repair 2015 Curb Repair 4,668.00 4,668.00Total for Check Number 44813: 0922 North Suburban Access Corporation 06/24/201544814 15-044 May 2015 Council Cable Services May 2015 Council Cable Services 257.40 257.40Total for Check Number 44814: 1208 Premium Waters, Inc 06/24/201544815 610207-05-15 May 2015 City Hall Supplies May 2015 City Hall Supplies 65.28 613317-05-15 May 2015 City Hall Supplies May 2015 City Hall Supplies 113.68 178.96Total for Check Number 44815: 0811 Ramsey County 06/24/201544816 EMCOM-004176 May 2015 CAD Services May 2015 CAD Services 895.50 EMCOM-004275 May 2015 911 Dispatch May 2015 911 Dispatch 4,798.50 PRRLG-001366 2015 Overlapping Debt Schedule 95.00 PRRLG-001371 Q2 2015 Election Contract Payment Q2 2015 Election Contract Payment 4,682.00 10,471.00Total for Check Number 44816: 1343 The Kiplinger Letter 06/24/201544817 006020284946-15 2015 Subscription 2015 Subscription 89.00 89.00Total for Check Number 44817: 0576 TimeSaver Off Site Secretarial 06/24/201544818 M21343 5/18 CC Mtg 5/18 CC Mtg 265.00 265.00Total for Check Number 44818: Page 9AP Checks by Date - Detail by Check Date (6/25/2015 6:57 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 1070 ULI-Urban Land Institute 06/24/201544819 06192015-ULI Council Affiliation Fee 2015 Council Affiliation Fee 2015 200.00 200.00Total for Check Number 44819: 1300 UniFirst Corporation 06/24/201544820 090 0255487 June 2015 Mat Service June 2015 Mat Service 78.60 78.60Total for Check Number 44820: 0811 Ramsey County 06/24/201544821 SHRFL-001406 June 2015 RC Sheriff June 2015 RC Sheriff 90,489.32 90,489.32Total for Check Number 44821: 1161 Valley-Rich Co., Inc.06/24/201544822 21617 Watermain Repair Watermain Repair 10,610.42 10,610.42Total for Check Number 44822: 155,006.06Total for 6/24/2015: Report Total (94 checks): 968,860.31 Page 10AP Checks by Date - Detail by Check Date (6/25/2015 6:57 AM) City of Arden Hills City Council Meeting for June 29, 2015 P:\Planning\Planning Cases\2015\PC 15-010 - Minor Subdivision - 3517 Siems Court\Memos_Reports_15-010 Page 1 of 4 CONSENT ITEM – 6B MEMORANDUM DATE: June 29, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #15-010 Applicant: LoAnn Crepeau and Thomas Ostby Property Address: 3517 Siems Court Request: Minor Subdivision Requested Action Motion to approve Resolution 2015-033 for a Minor Subdivision at 3517 Siems Court in Planning Case 15-010, based on the findings of fact and the submitted plans, as amended by the four (4) conditions in the June 29, 2015, Report to the City Council. Background The owners of the property at 3517 Siems Court have applied for a Minor Subdision to sell a 5,540 square foot portion of land to the adjacent property owner at 3535 Siems Court. The new property line would add approximately 40 feet of shoreline to the property at 3535 Siems Court. No new construction or change in use is contemplated as part of the Minor Subdivision request. The land to be transferred includes an existing two-story boathouse with a footprint of 450 square feet. This structure is considered to be a legal nonconforming building because of an encroachment in the required setbacks from the Lake Johanna shoreline and the side property line. With the proposed lot line adjustment, the boathouse would still be within the required setback from the shoreline, but the ten-foot side yard setback for accessory structures would be met. The adjacent property owners at 3535 Siems Court plan to make improvements to the boathouse, but no expansion of the building would be undertaken. A survey depicting the new lot line, the location of existing buildings on the properties, and the proposed structure setback distances is included in Attachment D. City of Arden Hills City Council Meeting for June 29, 2015 P:\Planning\Planning Cases\2015\PC 15-010 - Minor Subdivision - 3517 Siems Court\Memos_Reports_15-010 Page 2 of 4 Plan Evaluation A full evaluation of the proposal was presented to the Planning Commission at their May 6, 2015, Regular Meeting. The staff report to the Planning Commission on this case is included in Attachment E. The proposed lots at 3517 Siems Court and 3535 Siems Court meet the underlying requirements of the R-1 District for lot area and dimensions, structure coverage, and landscape coverage. The proposal would not create any new or increase existing nonconforming setbacks for structures on either property. Subdivision Ordinance Section 1150.04 of the City Code lists the requirements for subdividing and/or consolidating previously platted property. Requirements that must be evaluated as listed under Section 1150.04 include: 1. Survey: A survey showing the existing and proposed lots. 2. Zoning Compliance: The parcels or tracts resulting from the division or consolidation, as depicted in the survey or registered land survey, shall not have an area, dimensions, or setbacks which are less than the minimum requirements specified for the zoning district in which the parcels or tracts are located in the zoning ordinance. 3. Public Welfare: It is determined that the proposed division or consolidation will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 4. Conformity with the rest of the Subdivision Ordinance: The proposed division or consolidation shall conform to all requirements of the subdivision Ordinance unless given an exemption by the Planning Commission and City Council. 5. Fees: All filing fees must be paid. Additional Review City Engineer The Public Works Department has reviewed the proposed Minor Subdivision and has requested that the property owners work with the City to provide a sanitary sewer easement over the existing sewer line that crosses the two properties and a storm sewer easement over the existing utility line at the northwest corner of 3535 Siems Court. City Attorney The City Attorney has reviewed the proposed Minor Subdivision and recommended that the City request 12 foot easements centered on rear and other lot lines for utilities and drainage purposes. City of Arden Hills City Council Meeting for June 29, 2015 P:\Planning\Planning Cases\2015\PC 15-010 - Minor Subdivision - 3517 Siems Court\Memos_Reports_15-010 Page 3 of 4 Findings of Fact The Planning Commission reviewed Planning Case 15-010 at their regular meeting on May 6, 2015. Draft minutes from the meeting are included in Attachment F. The Planning Commission offers the following findings of fact for consideration: 1. LoAnn Crepeau and Thomas Ostby are the owners of the property located at 3517 Siems Court. 2. The applicant has requested a Minor Subdivision to sell a 5,540 square foot portion of land to the adjacent property owner at 3535 Siems Court. 3. The properties at 3517 Siems Court and 3535 Siems Court are located in the R-1 Single- Family Residential Zoning District. 4. Section 1150.04 of the City Code lists the requirements for subdividing and/or consolidating previously platted property. 5. The submitted survey was prepared by a registered land surveyor and meets the City requirements. 6. The proposed lots at 3517 Siems Court and 3535 Siems Court meet the underlying requirements of the R-1 District for lot area and dimensions, structure coverage, and landscape coverage. 7. The proposed Minor Subdivision would not create any new or increase existing nonconforming setbacks for structures on the property at 3517 Siems Court or 3535 Siems Court. 8. The proposed Minor Subdivision is in conformance with Section 1330 – Shoreland Regulations of the Zoning Code. 9. The proposed Minor Subdivision would not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 10. The proposed Minor Subdivision is in conformance with all requirements of the Subdivision Ordinance 11. All required application fees have been paid. The park dedication requirements under Section 1130.08 of the Subdivision Ordinance do not apply in this case. Recommendation The Planning Commission unanimously recommends approval (5-0) of Planning Case 15-010 for a Minor Subdivision at 3517 Siems Court, based on the findings of fact and the submitted plans in the June 29, 2015, Report to the City Council, as amended by the following four conditions: 1. The applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within 180 days of the City’s approval. 2. The property owner at 3517 Siems Court will work with the Public Works Department to provide easements for existing public utility lines on the property as well as the standard 12 foot drainage and utility easement centered along the property perimeters. City of Arden Hills City Council Meeting for June 29, 2015 P:\Planning\Planning Cases\2015\PC 15-010 - Minor Subdivision - 3517 Siems Court\Memos_Reports_15-010 Page 4 of 4 3. The property owner at 3535 Siems Court will work with the Public Works Department to provide easements for existing public utility lines on the property as well as the standard 12 foot drainage and utility easement centered along the property perimeters. 4. Monuments or stakes shall be installed to demarcate the new side property line between 3517 Siems Court and 3535 Siems Court. Options 1. Approve the proposal as submitted. 2. Approve the proposal with conditions (Recommended Action). 3. Deny the application with reasons for denial. 4. Table for additional information. Notice Notice was published in the Arden Hills/Shoreview Bulletin and notice was prepared by the City and mailed to property owners within five hundred (500) feet of the subject property. Public Comments The City has received one comment from a resident (1580 Oak Avenue) in support of the proposal. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on April 6, 2015. Pursuant to Minnesota State Statute, the City was required to act on this request by June 5, 2015 (60 days), unless the City provided the petitioner with written reasons for an additional 60-day review period. The petitioner was notified on May 26, 2015, of the City’s request for an additional 60-day review period. Pursuant to Minnesota State Statute, the City must now act on this request by August 4, 2015 (120 days). The City may extend the review period beyond the initial 120 days, with the applicant’s consent. Attachments A. Resolution 2015-033 for a Minor Subdivision at 3517 Siems Court B. Land Use Application C. Aerial and Site Maps D. Certified Land Survey E. Planning Commission Report, May 6, 2015 F. Draft Planning Commission Minutes, May 6, 2015 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2015-033 RESOLUTION APPROVING A MINOR SUBDIVISION FOR 3517 SIEMS COURT WHEREAS: on April 6, 2015, LoAnn Crepeau and Thomas Ostby, the property owners of 3517 Siems Court, submitted a completed application for review of a Minor Subdivision to sell a 5,540 square foot portion of land to the adjacent property owner at 3535 Siems Court, as depicted on the attached Exhibit “A”. WHEREAS: on May 6 , 2015, the Planning Commission reviewed the application by LoAnn Crepeau and Thomas Ostby and at the conclusion of the public hearing recommended approval, subject to four conditions, after making a finding that the proposed Minor Subdivision will not have an adverse impact on the surrounding properties or on the community as a whole. WHEREAS: on June 29, 2015, the City Council received and considered the recommendations of the Planning Commission. NOW THEREFORE BE IT RESOLVED: That the Council of the City of Arden Hills approves the Minor Subdivision for 3517 Siems Court, dated June 29, 2015, subject to the following four conditions: 1. The applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within 180 days of the City’s approval. 2. The property owner at 3517 Siems Court will work with the Public Works Department to provide easements for existing public utility lines on the property as well as the standard 12 foot drainage and utility easement centered along the property perimeters. 3. The property owner at 3535 Siems Court will work with the Public Works Department to provide easements for existing public utility lines on the property as well as the standard 12 foot drainage and utility easement centered along the property perimeters. 4. Monuments or stakes shall be installed to demarcate the new side property line between 3517 Siems Court and 3535 Siems Court. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 29th DAY OF JUNE, 2015. ______________________________________________ David Grant, Mayor ATTEST: _________________________________________ Amy Dietl, City Clerk EXHIBIT “A” TO RESOLUTION NO. 15-033 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. © Ramsey County Enterprise GIS Division 400.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION NAD_1983_HARN_Adj_MN_Ramsey_Feet Feet400.00200.00 Notes Enter Map Description Legend3517 Siems Court City Halls Schools Hospitals Fire Stations Police Stations Recreational Centers Parcel Points Parcel Boundaries Airports This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. © Ramsey County Enterprise GIS Division 200.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION NAD_1983_HARN_Adj_MN_Ramsey_Feet Feet200.00100.00 Notes Enter Map Description Legend3517 Siems Court City Halls Schools Hospitals Fire Stations Police Stations Recreational Centers Parcel Points Parcel Boundaries Lakes - Neighboring Counties MEMORANDUM DATE: May 6, 2015 PC Agenda Item 3.C TO: Planning Commission FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #15-010 – Public Hearing Required Applicant: LoAnn Crepeau and Thomas Ostby Property Address: 3517 Siems Court Request: Minor Subdivision Requested Action The applicant has requested a Minor Subdivision at 3517 Siems Court to sell a small portion of land to the adjacent property owner at 3535 Siems Court. No new construction or change in use is contemplated as part of the Minor Subdivision request. Background 1. Overview of Request The owners of the property at 3517 Siems Court have applied for a Minor Subdision to sell a 5,540 square foot portion of land to the adjacent property owner at 3535 Siems Court. The new property line would add approximately 40 feet of shoreline to the property at 3535 Siems Court. No new construction or change in use is contemplated as part of the Minor Subdivision request. The land to be transferred includes an existing two-story boathouse with a footprint of 450 square feet. This structure is considered to be a legal nonconforming building because of an encroachment in the required setbacks from the Lake Johanna shoreline and the side property line. With the proposed lot line adjustment, the boathouse would still be within the required setback from the shoreline, but the ten-foot side yard setback for accessory structures would be met. The adjacent property owners at 3535 Siems Court plan to make improvements to the boathouse, but no expansion of the building would be undertaken. City of Arden Hills Planning Commission Meeting for May 6, 2015 P:\Planning\Planning Cases\2015\PC 15-010 - Minor Subdivision - 3517 Siems Court\Memos_Reports_15-010 Page 1 of 6 The Minor Subdivision would leave both lots in conformance with the Zoning Code requirements for lot size and lot coverage, and would not create any new or increase existing nonconforming setbacks for the structures on the lots. A survey depicting the new lot line, the location of existing buildings on the properties, and the proposed structure setback distances is included in Attachment C. 2. Surrounding Area: Direction Future Land Use Plan Zoning Existing Land Use North Low Density Residential R-1 Single-Family Residential District Single-Family Detached South Low Density Residential R-1 Single-Family Residential District Single-Family Detached East Low Density Residential R-1 Single-Family Residential District Single-Family Detached West Water (Lake Johanna) Water (Lake Johanna) Water (Lake Johanna) 3. Site Data: Future Land Use Plan: Low Density Residential Existing Land Use: Single-Family Detached Zoning: R-1 Single-Family Residential District Size: 36,982 square feet (0.85 acres) Topography: Sloping down towards Lake Johanna (elevation change of approximately 30 feet) Plan Evaluation 1. Zoning Ordinance Lot Size and Dimensions With the proposed Minor Subdivision, both properties would be in conformance with the R-1 District requirements for lot size and dimensions. 3517 Siems Court would have a total lot area of 31,442 square feet with dimensions of approximately 140 feet in width by 216 feet in depth. 3535 Siems Court would have a total lot area of 66,272 square feet with dimensions of approximately 250 feet in width by 294 feet in depth. Applicable R-1 Lot Requirements 1. Minimum Lot Area (sf.) 14,000 2. Minimum Lot Size (ft., width/depth) 95/130 3. Height (ft.) 35 4. Lot Covered by Structure 25% 5. Minimum Landscape Lot Area 65% 6. Minimum Building Setbacks (ft) Front Yard 40 Rear Yard (Principal) 30 Rear Yard (Accessory) 10 Side Yard Interior - Principal (Minimum/total both yards on lot) 10/25 Side Yard Interior - Accessory 10 Side Yard Corner 40 City of Arden Hills Planning Commission Meeting for May 6, 2015 P:\Planning\Planning Cases\2015\PC 15-010 - Minor Subdivision - 3517 Siems Court\Memos_Reports_15-010 Page 2 of 6 Both properties are shoreland lots on Lake Johanna, which is classified as a General Development Lake. Properties on Lake Johanna must have a minimum water frontage of 75 feet. The amount of shoreline frontage for the property at 3517 Siems Court would decrease to 106 feet as a result of the lot line adjustment. Structure Setbacks The principal structure at 3517 Siems Court is considered to be legal nonconforming due to an encroachment into the required front yard setback of 40 feet. The existing home is situated 20.6 feet from the front property line along Siems Court. The proposed Minor Subdivision would not create any new or increase existing nonconforming setbacks for structures on this property. The principal structure at 3535 Siems Court is in compliance with the setback requirements for the R-1 District. The existing accessory boathouse at 3517 Siems Court would be transferred to 3535 Siems Court as part of the Minor Subdivision. This structure is now considered to be legal nonconforming due to an encroachment into the required 50 foot setback from the ordinary high water level of Lake Johanna and 10 foot setback from the side property line. As a result of the lot line adjustment, this structure would come into conformance with the required 10 foot side yard setback for accessory structures, but the structure would continue to encroach into the required setback from the shoreline. Lot Coverage The maximum structure coverage allowed in the R-1 District is 25 percent. Under the proposed subdivision, the property at 3517 Siems Court would have structure coverage of 1,543 square feet, or 4.9 percent. The structure coverage for 3535 Siems Court would increase to 5,301 square feet, or 8.0 percent. A minimum of 65 percent of each lot is required to be maintained with landscape coverage. With the lot line adjustment, the landscape lot coverage would be 86.2 percent on the property at 3517 Siems Court and 79.0 percent on the property at 3535 Siems Court. Proposed Lot Coverage 3517 Siems Court 3535 Siems Court Square Feet Percentage Square Feet Percentage Lot Area (min. 14,000 sq. ft.) 31,442 - 66,272 - Structure Coverage (max 25%) 1,543 4.9% 5,301 8.0% Landscape Coverage (min 65%) 27,116 86.2% 52,340 79.0% City of Arden Hills Planning Commission Meeting for May 6, 2015 P:\Planning\Planning Cases\2015\PC 15-010 - Minor Subdivision - 3517 Siems Court\Memos_Reports_15-010 Page 3 of 6 2. Subdivision Ordinance Section 1150.04 of the City Code lists the requirements for subdividing and/or consolidating previously platted property. Requirements that must be evaluated listed under Section 1150.04 include: 1. Survey: A survey showing the existing and proposed lots. 2. Zoning Compliance: The parcels or tracts resulting from the division or consolidation, as depicted in the survey or registered land survey, shall not have an area, dimensions, or setbacks which are less than the minimum requirements specified for the zoning district in which the parcels or tracts are located in the zoning ordinance. 3. Public Welfare: It is determined that the proposed division or consolidation will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 4. Conformity with the rest of the Subdivision Ordinance: The proposed division or consolidation shall conform to all requirements of the subdivision Ordinance unless given an exemption by the Planning Commission and City Council. 5. Fees: All filing fees must be paid. Additional Review City Engineer The Public Works Department has reviewed the proposed Minor Subdivision and has requested that the property owners work with the City to provide a sanitary sewer easement over the existing sewer line that crosses the two properties and a storm sewer easement over the existing utility line at the northwest corner of 3535 Siems Court. City Attorney The City Attorney has reviewed the proposed Minor Subdivision and recommended that the City request 12 foot easements centered on rear and other lot lines for utilities and drainage purposes. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: 1. LoAnn Crepeau and Thomas Ostby are the owners of the property located at 3517 Siems Court. 2. The applicant has requested a Minor Subdivision to sell a 5,540 square foot portion of land to the adjacent property owner at 3535 Siems Court. City of Arden Hills Planning Commission Meeting for May 6, 2015 P:\Planning\Planning Cases\2015\PC 15-010 - Minor Subdivision - 3517 Siems Court\Memos_Reports_15-010 Page 4 of 6 3. The properties at 3517 Siems Court and 3535 Siems Court are located in the R-1 Single- Family Residential Zoning District. 4. Section 1150.04 of the City Code lists the requirements for subdividing and/or consolidating previously platted property. 5. The submitted survey was prepared by a registered land surveyor and meets the City requirements. 6. The proposed lots at 3517 Siems Court and 3535 Siems Court meet the underlying requirements of the R-1 District for lot area and dimensions, structure coverage, and landscape coverage. 7. The proposed Minor Subdivision would not create any new or increase existing nonconforming setbacks for structures on the property at 3517 Siems Court or 3535 Siems Court. 8. The proposed Minor Subdivision is in conformance with Section 1330 – Shoreland Regulations of the Zoning Code. 9. The proposed Minor Subdivision would not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 10. The proposed Minor Subdivision is in conformance with all requirements of the Subdivision Ordinance 11. All required application fees have been paid. The park dedication requirements under Section 1130.08 of the Subdivision Ordinance do not apply in this case. Recommendation Based on the submitted plans and findings of fact, staff recommends approval of Planning Case 15-010 for a Minor Subdivision at 3517 Siems Court. If the Planning Commission recommends approval of this request, staff is recommending the following four (4) conditions be included with the approval: 1. The applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within 180 days of the City’s approval. 2. The property owner at 3517 Siems Court will work with the Public Works Department to provide easements for existing public utility lines on the property as well as the standard 12 foot drainage and utility easement centered along the property perimeters. 3. The property owner at 3535 Siems Court will work with the Public Works Department to provide easements for existing public utility lines on the property as well as the standard 12 foot drainage and utility easement centered along the property perimeters. 4. Monuments or stakes shall be installed to demarcate the new side property line between 3517 Siems Court and 3535 Siems Court. City of Arden Hills Planning Commission Meeting for May 6, 2015 P:\Planning\Planning Cases\2015\PC 15-010 - Minor Subdivision - 3517 Siems Court\Memos_Reports_15-010 Page 5 of 6 Options 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 15-010 for a Minor Subdivision at 3517 Siems Court, based on the findings of fact and the submitted plans, as amended by the four (4) conditions in the May 6, 2015, Report to the Planning Commission. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 15- 010 for a Minor Subdivision at 3517 Siems Court, based on the findings of fact and the submitted plans in the May 6, 2015, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 15-010 for a Minor Subdivision at 3517 Siems Court based on the following findings of fact: findings to deny should specifically reference the reasons for denial. 4. Table: Motion to table Planning Case 15-010 for a Minor Subdivision at 3517 Siems Court: a specific reason and/or information request should be included with a motion to table. Notice Notice was published in the Arden Hills/Shoreview Bulletin and notice was prepared by the City and mailed to property owners within five hundred (500) feet of the subject property. Public Comments The City has received one comment from a resident (1580 Oak Avenue) in support of the proposal. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on April 6, 2015. Pursuant to Minnesota State Statute, the City must act on this request by June 5, 2015 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. The City may extend the review period beyond the 120 days, with the applicant’s permission. Attachments A. Land Use Application B. Aerial and Site Maps C. Certified Land Survey City of Arden Hills Planning Commission Meeting for May 6, 2015 P:\Planning\Planning Cases\2015\PC 15-010 - Minor Subdivision - 3517 Siems Court\Memos_Reports_15-010 Page 6 of 6 Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, MAY 6, 2015 6:30 P.M. - ARDEN HILLS CITY HALL C. Planning Case 15-010; Minor Subdivision – LoAnn Crepeau and Thomas Ostby – 3517 Siems Court – Public Hearing Associate Planner Bachler stated that the owners of the property at 3517 Siems Court have applied for a Minor Subdivision to sell a 5,540 square foot portion of land to the adjacent property owner at 3535 Siems Court. The new property line would add approximately 40 feet of shoreline to the property at 3535 Siems Court. No new construction or change in use is contemplated as part of the Minor Subdivision request. Associate Planner Bachler indicated that the land to be transferred includes an existing two- story boathouse with a footprint of 450 square feet. This structure is considered to be a legal nonconforming building because of an encroachment in the required setbacks from the Lake Johanna shoreline and the side property line. With the proposed lot line adjustment, the boathouse would still be within the required setback from the shoreline, but the ten-foot side yard setback for accessory structures would be met. The adjacent property owners at 3535 Siems Court plan to make improvements to the boathouse, but no expansion of the building would be undertaken. Associate Planner Bachler reported that the Minor Subdivision would leave both lots in conformance with the Zoning Code requirements for lot size and lot coverage, and would not create any new or increase existing nonconforming setbacks for the structures on the lots. Site Data Land Use Plan: Low Density Residential Existing Land Use: Single Family Detached Zoning: R-1 Single-Family Residential District Current Lot Sizes: 36,982 square feet (0.85 acres) Topography: Sloping down towards Lake Johanna (elevation change of approximately 30 feet) Associate Planner Bachler reviewed the surrounding area and the Plan Evaluation. Associate Planner Bachler explained that the Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: ARDEN HILLS PLANNING COMMISSION – May 6, 2015 2 1. LoAnn Crepeau and Thomas Ostby are the owners of the property located at 3517 Siems Court. 2. The applicant has requested a Minor Subdivision to sell a 5,540 square foot portion of land to the adjacent property owner at 3535 Siems Court. 3. The properties at 3517 Siems Court and 3535 Siems Court are located in the R-1 Single- Family Residential Zoning District. 4. Section 1150.04 of the City Code lists the requirements for subdividing and/or consolidating previously platted property. 5. The submitted survey was prepared by a registered land surveyor and meets the City requirements. 6. The proposed lots at 3517 Siems Court and 3535 Siems Court meet the underlying requirements of the R-1 District for lot area and dimensions, structure coverage, and landscape coverage. 7. The proposed Minor Subdivision would not create any new or increase existing nonconforming setbacks for structures on the property at 3517 Siems Court or 3535 Siems Court. 8. The proposed Minor Subdivision is in conformance with Section 1330 – Shoreland Regulations of the Zoning Code. 9. The proposed Minor Subdivision would not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 10. The proposed Minor Subdivision is in conformance with all requirements of the Subdivision Ordinance. 11. All required application fees have been paid. The park dedication requirements under Section 1130.08 of the Subdivision Ordinance do not apply in this case. Associate Planner Bachler stated that based on the submitted plans and findings of fact, staff recommends approval of Planning Case 15-010 for a Minor Subdivision at 3517 Siems Court. If the Planning Commission recommends approval of this request, staff is recommending the following four (4) conditions be included with the approval: 1. The applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within 180 days of the City’s approval. 2. The property owner at 3517 Siems Court will work with the Public Works Department to provide easements for existing public utility lines on the property as well as the standard 12-foot drainage and utility easement centered along the property perimeters. 3. The property owner at 3535 Siems Court will work with the Public Works Department to provide easements for existing public utility lines on the property as well as the standard 12-foot drainage and utility easement centered along the property perimeters. 4. Monuments or stakes shall be installed to demarcate the new side property line between 3517 Siems Court and 3535 Siems Court. Associate Planner Bachler reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial ARDEN HILLS PLANNING COMMISSION – May 6, 2015 3 4. Table Chair Thompson opened the public hearing at 8:07 p.m. Chair Thompson invited anyone for or against the application to come forward and make comment. There being no additional comment Chair Thompson closed the public hearing at 8:08 p.m. Commissioner Jones moved and Commissioner Zimmerman seconded a motion to recommend approval of Planning Case 15-010 for a Minor Subdivision at 3517 Siems Court, based on the findings of fact and the submitted plans, as amended by the four (4) conditions in the May 6, 2015, Report to the Planning Commission. The motion carried unanimously (5-0). City of Arden Hills City Council Meeting for June 29, 2015 P:\Planning\Planning Cases\2014\PC 14-031 - PUD Amendment - Presbyterian Homes\Memos_14-031 Page 1 of 2 CONSENT ITEM – 6C MEMORANDUM DATE: June 29, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #14-031 Presbyterian Homes of Arden Hills – First Amendment to Master Planned Unit Development Agreement and Phase II Development Contract Requested Action Motion to approve the First Amendment to Master Planned Unit Development Agreement and Phase II Development Contract with Presbyterian Homes of Arden Hills, Inc. based on the October 27, 2014, City Council approval of Planning Case 14-031. Background On October 27, 2014, the City Council approved Planning Case 14-031 for a Master and Final Planned Unit Development (PUD) Amendment for the Johanna Shores redevelopment project at 3200 Lake Johanna Boulevard. Prior to issuing a building permit for Phase II of the project, an amendment to the original PUD Development Agreement is required to be approved and executed. The City Attorney has drafted the First Amendment to the Master PUD Agreement and Phase II Development Contract. The document has been reviewed and signed by Presbyterian Homes of Arden Hills. Financial Surety Revisions At the City Council Work Session on May 18, 2015, Presbyterian Homes requested a revision to the conditions in the draft Development Agreement related to cash escrow requirements for the project. As part of the approval of the PUD Amendment in October 2014, the City Council approved two conditions that would require Presbyterian Homes to provide separate cash City of Arden Hills City Council Meeting for June 29, 2015 P:\Planning\Planning Cases\2014\PC 14-031 - PUD Amendment - Presbyterian Homes\Memos_14-031 Page 2 of 2 escrows in the amount of 25 percent of the cost of site improvements and 25 percent of the cost of landscaping for financial surety purposes. The City Council directed staff to reduce the escrow requirement for the landscaping improvements to $15,000, as requested by the developer. This change is reflected in the final draft of the Development Agreement. Staff was also directed to work with Presbyterian Homes on a reduction to the site improvements escrow while still covering the expected costs associated with construction observation. The City Attorney has recommended language that would require an initial deposit of $20,000 for the site improvements escrow with the requirement that if the balance drops below $5,000 the account be replenished to $20,000. The City is able to withhold the final Certificate of Occupancy if the account were not replenished as required. Under the conditions approved by the City Council the developer must provide a Letter of Credit in the amount of 125 percent of the expected cost of site improvements. The purpose of the Letter of Credit is to provide the City with a financial surety that could be drawn on to complete the public improvements and stabilize the site if the developer were to default. Failure to complete site improvements would be a default of the TIF Agreement and would cause the City to withhold TIF payments until improvements were completed. Because the Letter of Credit and TIF Agreement serve similar purposes of providing security to the City, staff and the City Attorney recommend that the site improvements Letter of Credit be reduced to $200,000. Development Plan Revisions Presbyterian Homes has revised the landscape plan based on the condition approved by the City Council requiring additional tree plantings on the site. Four Spruce trees, three Crabapple trees, and one Oak tree have been added at the southwest corner of the development for a total of 19.3 additional caliper inches. The updated landscape plan is included in Attachment B. Since the approval of the development plans in October 2014, Presbyterian Homes has made a minor revision to the first level entrances in the Brownstone Buildings. Originally, the entrances to the apartment units had been designed to have patio sliding doors. The revised plans show the entrances have been redesigned to now include a swinging door and railing (Attachment C). Attachments A. Presbyterian Homes of Arden Hills – First Amendment to Master Planned Unit Development Agreement and Phase II Development Contract B. Revised Phase II Landscape Plan C. Revised Exterior Elevation Drawings 1 179018 (reserved for recording information) FIRST AMENDMENT TO MASTER PLANNED UNIT DEVELOPMENT AGREEMENT AND PHASE I I DEVELOPMENT CONTRACT PRESBYTERIAN HOMES OF ARDEN HILLS, INC. PLANNING CASE 14-031 THIS FIRST AMENDMENT TO MASTER PLANNED UNIT DEVELOPMENT AGREEMENT AND PHASE II DEVELOPMENT CONTRACT (“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 PRESBYTERIAN HOMES OF ARDEN HILLS, INC. a Minnesota corporation (“Developer”). 2 179018 RECITALS A. In November 2010, the City and Developer entered into a PUD Development Agreement regarding its redevelopment of property located at 3200 Lake Johanna Boulevard (Planning Case 10-012) for the property now legally described as PHS Addition of Arden Hills, Lot 1, Block 1, referenced in the Resolution recorded December 30, 2010 with Ramsey County as Document number 2130838 (“Plat” or “Property”). The redevelopment of the property was to be undertaken in two Phases. Phase I has been largely completed. B. The Developer in October, 2014 submitted a completed application to the City to modify the terms and conditions of the previous approval to: 1. Amend the configuration of the Brownstone Buildings to be completed in Phase II. 2. Revise the Construction Schedule outlined in the PUD Development Agreement to reflect the delay in the expected start date on the Brownstone Buildings. 3. Reallocate the four hospice units that were to be constructed in the Lakeview Building to the Brownstone Buildings as independent senior units. 4. Amend the conditions in the PUD Agreement to allow for the removal of the required speed bumps on the County Road D driveway if the traffic study to be completed one year following the completion of the redevelopment project supports such removal. C. The amendments to the approved Master PUD are described and illustrated in the following plans submitted by the Developer: i. Overall Site Plan (A1.1), dated 10/02/14 ii. Site Plan & Demolition Site Plan (A1.2), dated 10/02/14 iii. Lower Level Floor Plan – A (A2.3), dated 06/06/14 iv. Level One Floor Plan – A (A2.4), dated 06/06/14 v. Level Two Floor Plan – A (A2.5), dated 06/06/14 vi. Lower Level & Level One Floor Plans – Link (A2.6), dated 06/06/14 3 179018 vii. Unit Plans (A2.10), dated 06/06/14 viii. Exterior Elevation – A (A3.1), dated 02/23/15 ix. Exterior Elevation – A & Link (A3.2), dated 02/23/15 x. Site Demolition Plan (C1.0), dated 10/22/14 xi. Overall Site Plan (C2.0), dated 10/22/14 xii. Civil Site Plan (C2.1), dated 10/22/14 xiii. Grading Plan (C3.0), dated 10/22/14 xiv. Site Utility Plan (C4.0), dated 10/22/14 xv. Stormwater Pollution Prevention Plan (C5.0 and C5.1) xvi. Civil Details (C6.0 and C6.1) xvii. Tree Preservation List (7.1), dated 09/07/10 xviii. Landscape Plan (LP4.15), dated 05/15/15 D. Following public notice and hearing, review by the Planning Commission, and consideration by the City Council, as required by statute and City Code, the City Council on October 27, 2014, approved the application to amend the Master Planned Unit Development and Final Planned Unit Development Plans as requested and in accordance with the submitted plans, subject to the following modifications, terms and conditions: 1. 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. An amendment to the PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The document shall be executed prior to the issuance of a building permit. 3. The Developer shall obtain a Grading and Erosion Control Permit and commence initial site work on Phase II by December 31, 2014. 4 179018 4. The Developer shall obtain a building permit for Phase II by June 30, 2015, or the approval shall expire unless extended by the City Council prior to the approval’s expiration date. Extension requests must be submitted in writing to the City at least 45 days prior to the expiration date. 5. The Developer shall submit a financial surety in the amount of $200,000 for site and public roadway improvements, including grading, utilities, and paving, prior to the issuance of a building permit. Upon completion of required Developer and public roadway improvements, and acceptance by the City, the City may reduce the amount of security for the improvements still to be completed. 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 the public roadway improvements are completed and private site improvements stabilized in the event that the Developer defaults on the PUD Development Agreement. 6. The Developer shall submit a cash escrow for site and public roadway improvements, including grading, utilities, and paving, in the amount of $20,000 prior to the issuance of a building permit. The escrow will be used for City costs related to review, approval, and inspection of site and public roadway improvements or any costs incurred by the City in the event of a developer default. If at any time during the course of construction on the project the amount in the account is reduced to below $5,000, the Developer shall replenish the account to not less than $20,000. In the event there is a failure to replenish the account in accordance with the terms of the Agreement, the City has the right to withhold the issuance of a Certificate of Occupancy until the deficiency is paid. Upon completion of the project, payment of all outstanding bills and satisfaction of this Agreement, the City shall refund the remainder of the account to the Developer. 7. 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 letter of credit shall automatically renew for successive one-year terms unless at least sixty (60) days prior to the next annual renewal date, the issuing bank delivers notice to the City that it intends to modify the terms of, or cancel, the letter of credit. A partial reduction in the letter of credit may be granted by the City in the event that landscaping improvements are installed over successive growing seasons. 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. 8. The Developer shall submit a cash escrow for landscaping improvements in the amount of $15,000 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. The Developer shall provide the City with all necessary permits, including, but not limited to Rice Creek Watershed District and NPDES, prior to the issuance of the City Grading and Erosion Control Permit. 5 179018 10. The final plans shall be subject to approval by the Fire Marshall prior to the issuance of a building permit. 11. The final grading, drainage, and utility plans shall be subject to approval by the City Engineer prior to the issuance of any City permits. 12. A lighting and security plan shall be reviewed and approved by the City and the Ramsey County Sheriff’s Department prior to issuance of a building permit. 13. 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. 14. The Developer shall complete certain road improvements on Sandeen Road prior to the issuance of a Certificate of Occupancy for Phase II. These road improvements shall be defined as a one and one-half inch (1-1/2”) bituminous mill and overlay between Lake Johanna Boulevard and the northern access driveway to the property. The Developer shall construct the Sandeen Road improvements at Developer’s cost and in accordance with plans and specifications approved by the City. 15. The plans and specifications for the sidewalk improvements within the County Road D right-of-way shall be subject to approval by the City. A right-of-way permit shall be obtained for all work completed within the Ramsey County right-of-way. 16. If the Developer elects to undertake the construction of the County Road D Improvements as outlined in the Contract for Private Development, the Developer must provide written notice to the City of its intent to exercise this option, which notice must be delivered before the date of any initial improvement hearing held by Roseville under Minnesota Statutes, Chapter 429 regarding the County Road D Improvements. The Developer shall construct the County Road D Improvements and complete any associated modifications to access drives at Developer’s cost, in accordance with plans and specifications approved by the City, and shall substantially complete such construction by December 31, 2016. Final approval by the City Public Works Department of site engineering plans for parking improvements and related landscaping on the south side of the Brownstone Buildings will be contingent on the final design of the County Road D Improvements. 17. Any complaints received by the City regarding exterior lighting used on the property shall be resolved within thirty (30) days of the City receiving the complaint. 18. The Developer shall include bicycle racks for the Brownstone Buildings. 19. The Developer shall provide at least eight (8) additional trees totaling a minimum of sixteen (16) caliper inches at the southwest corner of the Phase II development. Each tree shall be a minimum of two (2) caliper inches in size at the time of planting. 20. The City Council will review the need for traffic calming measures on the County Road D driveway as part of their review of the Wheeler Avenue and County Road D Traffic Study 6 179018 to be completed and submitted by the Developer one year after the full redevelopment of the site. NOW, THEREFORE, the parties hereby agree as follows: 1. APPROVAL. The City Council approves the application of the Developer subject to the terms and conditions specified above, and all terms and conditions of previous approvals remain in full force and effect, except as modified by this Agreement. 2. PLANS. Developer shall construct the project in accordance with the submitted and approved plans as amended by the conditions of approval specified above. Any significant changes to the following plans, as determined by the City Planner, shall require review and approval by the Planning Commission and the City Council. IN WITNESS WHEREOF, the above-named parties have caused this Agreement to be executed as of the date and year first above written. 7 179018 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 8 179018 PRESBYTERIAN HOMES OF ARDEN HILLS, INC. A Minnesota Corporation By: ______________________________________ Its: ________________ STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of _________________, 2015, by _________________, the __________ of Presbyterian Homes of Arden Hills, Inc., a Minnesota corporation, on behalf of the corporations. __________________________________________ 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) T.O. PRECAST 100'-0" T.O. SUBFLOOR 110'-11 7/8" TRUSS BEARING 120'-1" LOWER LEVEL 88'-0" W4 W4 W3 W3 W2 W2 W3 W3 W3 W3 W2 W2 W3 W3 W4 W4 12" 12" 6" 12" 9" 12" T.O. PRECAST 100'-0" T.O. SUBFLOOR 110'-11 7/8" TRUSS BEARING 120'-1" LOWER LEVEL 88'-0" 3 A5.2 2 A5.2 W3 W4 W5 W3 W4 W3 W5 W2 W2 W3 W7 W3 W3 W7 W2 W2 W4 W4 W1 W1 W1 W6 W5 W5 W6 W7 W7 2 A5.5 6" 12" W3 W3 W3 W3 9" 12" 12" 12" 12" 12" T.O. PRECAST 100'-0" T.O. SUBFLOOR 110'-11 7/8" TRUSS BEARING 120'-1" LOWER LEVEL 88'-0" 2 A5.1 10 15 3 21 4 17 10 14 15 18 8 18 12 13 29 22 19 28 1 3 4 A5.2 W4 W3 W3 W2 W3 W3 W2 W4 W5 W5 W2 W2 W3 W3 W7 W7 W2 W2 W3 W3 W3 W3 W2 W5 W2 W2 W1 W1 W1 W2 W7 1 A5.5 3 A5.5 6" 12" 27 W3 W3 W3 W3 12" 12" 9" 12" 12" 12" 27 27 14 14 15 15 15 15 15 14 21 21 15 15 14 T.O. PRECAST 100'-0" T.O. SUBFLOOR 110'-11 7/8" TRUSS BEARING 120'-1" LOWER LEVEL 88'-0" 4 A5.4 W3 W4 W5 W3 W3 W7 W3 W4 W1 6" 12" 12" 12" W2 T.O. PRECAST 100'-0" T.O. SUBFLOOR 110'-11 7/8" TRUSS BEARING 120'-1" LOWER LEVEL 88'-0" 21 A5.3 22 A5.3 T.O. PRECAST 100'-0" T.O. SUBFLOOR 110'-11 7/8" TRUSS BEARING 120'-1" LOWER LEVEL 88'-0" 2 A5.1 W5 W5 W4 W2 W2 W7 W7 W3 W2 W2 W3 W3 W1 W3 8" 12" W3 W3 W3 W3 30 12" 12" 12" 12" T.O. PRECAST 100'-0" T.O. SUBFLOOR 110'-11 7/8" TRUSS BEARING 120'-1" LOWER LEVEL 88'-0" Issues and Revisions: Commission No: Drawn by: Checked by: SHEET 1295 BANDANA BLVD N, SUITE 200 ST. PAUL, MN 55108-2735 (651) 642-9200 | FAX (651) 642-1101 www.popearch.com POPE ASSOCIATES, INC. KEY PLAN B A CD PERMIT SET 2/23/15 2/23/2015 3:42:38 PM C:\Revit Projects\72535-14039_Johanna Brownstones_R14 CENTRAL_Bryan.rvt A3.1 EXTERIOR ELEVATIONS - A BCS NJ 72535-14039 PRESBYTERIAN HOMES JOHANNA SHORES PHASE 2 - BROWNSTONES ARDEN HILLS, MN 1/8" = 1'-0" A3.1 4 EAST ELEVATION - BROWNSTONE 'A' ('B' SIM) 1/8" = 1'-0" A3.1 5 SOUTH ELEVATION - BROWNSTONE 'A' ('B' SIM) 1/8" = 1'-0" A3.1 7 WEST ELEVATION - BROWNSTONE 'A' ('B' SIM.) 4 5 7 EXT. ELEV. KEYNOTES 1 ASPHALT SHINGLES - CLASS 'A' 2 CONTINUOUS RIDGE VENT 3 PREFIN. METAL FASCIA AND SOFFIT 4 PREFIN. METAL GUTTER 8 OUTLINE OF FOUNDATION 9 WOOD CLAD WINDOWS (LINK TYP.) 10 VINYL CLAD WINDOWS (BROWNSTONE TYP.) 12 ALUMINUM ENTRY DOOR 13 INSULATED H.M. DOOR 14 PREFINISHED FIBER CEMENT LAP SIDING - COLOR 1 15 PREFINISHED FIBER CEMENT LAP SIDING - COLOR 2 17 1X6 COMPOSITE WOOD TRIM - PT. (HEAD TYP.) 18 1X8 COMPOSITE WOOD TRIM - PT. 19 1X12 COMPOSITE WOOD TRIM - PT. 21 CMU-2 (ROCK FACE) 22 CMU-3 (AMCON "STONE MASON SERIES") 23 CONTROL JOINT 24 PRECAST PIER CAP 25 4" PRECAST SILL 26 WOOD TRELLIS 27 ALUMINUM RAILING SYSTEM 28 COMPOSITE WOOD CORNICE 29 STEEL INSULATED GARAGE DOOR 30 1/8" = 1'-0" A3.1 3 NORTH ELEVATION - BROWNSTONE 'A' ('B' SIM.) 1/8" = 1'-0" A3.1 6 ELEVATION @ ENTRY 1/8" = 1'-0" A3.1 2 EAST ELEVATION - BROWNSTONE 'A' ('B' SIM.) 1/8" = 1'-0" A3.1 1 TYP. ELEV. @ DECK 2 3 PRICING SET 6/6/14 CD PERMIT 2/23/15 T.O. PRECAST 100'-0" T.O. SUBFLOOR 110'-11 7/8" TRUSS BEARING 120'-1" LOWER LEVEL 88'-0" 5 A5.3 W4 W4 W5 W7 W3 W3 W3 W3 W1 W2 12" 12" 6" 12" 9" 12" T.O. PRECAST 100'-0" T.O. SUBFLOOR 110'-11 7/8" TRUSS BEARING 120'-1" LOWER LEVEL 88'-0" 1 A5.1 9 25 22 27 23 26 26 9 28 24 26 26 22 4 A5.3 W2 W2 W10 W11 W11 W10 W9 W10 W11 W11 W11 W11 3 A5.5 W10 21 28 30 15 15 6" 12" T.O. PRECAST 100'-0" T.O. SUBFLOOR 110'-11 7/8" TRUSS BEARING 120'-1" LOWER LEVEL 88'-0" 1 A5.1 4 A5.3 W10 W11 W11 W11 W11 W11 28 26 15 9 W11 15 OBLIQUE ELEVATION T.O. PRECAST 100'-0" T.O. SUBFLOOR 110'-11 7/8" TRUSS BEARING 120'-1" LOWER LEVEL 88'-0" 4 A5.3 1 A5.3 W10 W11 W10 W8 W8 W12 W11 6" 12" 15 9 28 28 22 25 15 27 26 24 22 26 Issues and Revisions: Commission No: Drawn by: Checked by: SHEET 1295 BANDANA BLVD N, SUITE 200 ST. PAUL, MN 55108-2735 (651) 642-9200 | FAX (651) 642-1101 www.popearch.com POPE ASSOCIATES, INC. KEY PLAN B A CD PERMIT SET 2/23/15 2/23/2015 3:42:44 PM C:\Revit Projects\72535-14039_Johanna Brownstones_R14 CENTRAL_Bryan.rvt A3.2 EXTERIOR ELEVATION - A & LINK BCS NJ 72535-14039 PRESBYTERIAN HOMES JOHANNA SHORES PHASE 2 - BROWNSTONES ARDEN HILLS, MN 1/8" = 1'-0" A3.2 4 NORTH ELEVATION - BROWNSTONE 'A' ('B' SIM) 1/8" = 1'-0" A3.2 1 WEST ELEVATION - LINK 1/8" = 1'-0" A3.2 3 EAST ELEVATION - LINK 1/8" = 1'-0" A3.2 2 NORTH ELEVATION - LINK 4 1 3 2 EXT. ELEV. KEYNOTES 1 ASPHALT SHINGLES - CLASS 'A' 2 CONTINUOUS RIDGE VENT 3 PREFIN. METAL FASCIA AND SOFFIT 4 PREFIN. METAL GUTTER 8 OUTLINE OF FOUNDATION 9 WOOD CLAD WINDOWS (LINK TYP.) 10 VINYL CLAD WINDOWS (BROWNSTONE TYP.) 12 ALUMINUM ENTRY DOOR 13 INSULATED H.M. DOOR 14 PREFINISHED FIBER CEMENT LAP SIDING - COLOR 1 15 PREFINISHED FIBER CEMENT LAP SIDING - COLOR 2 17 1X6 COMPOSITE WOOD TRIM - PT. (HEAD TYP.) 18 1X8 COMPOSITE WOOD TRIM - PT. 19 1X12 COMPOSITE WOOD TRIM - PT. 21 CMU-2 (ROCK FACE) 22 CMU-3 (AMCON "STONE MASON SERIES") 23 CONTROL JOINT 24 PRECAST PIER CAP 25 4" PRECAST SILL 26 WOOD TRELLIS 27 ALUMINUM RAILING SYSTEM 28 COMPOSITE WOOD CORNICE 29 STEEL INSULATED GARAGE DOOR 30 PRICING SET 6/6/14 CD PERMIT 2/23/15 CONSENT ITEM – 6D City of Arden Hills June 29, 2015 P:\Planning\Planning Cases\2015\PC 15-009 - CUP Amendment - Bethel University - Soccer Building\Memos_Reports_15-009 Page 1 of 1 MEMORANDUM DATE: June 29, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Ryan Streff, City Planner SUBJECT: Planning Case #15-009 Applicant: Bethel University Property Location: 3900 Bethel Drive Subject: Conditional Use Permit (CUP) Amendment Agreement Requested Action Motion to approve the Conditional Use Permit (CUP) Amendment Agreement, based on the May 26, 2015, City Council approval of Planning Case 15-009. Background On May 26, 2015, the City Council approved Planning Case 15-009 for Conditional Use Permit (CUP) Amendment in order to construct a soccer facility building on the Ona Orth Athletic Field complex located at 3900 Bethel Drive. The City Attorney has prepared the CUP Agreement (Attachment A). The document has been reviewed and signed by Bethel University. Attachments A. Bethel University CUP Agreement 1 182033v3 (reserved for recording information) CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA CONDITIONAL USE PERMIT AMENDMENT Case No. 15-009 1. Recitals. A. Bethel University is a non-profit institution of higher education (“Bethel”) which is located in the City of Arden Hills, Ramsey County, Minnesota. B. On the 1st day of April, 2015, Bethel submitted a completed application to the City of Arden Hills (“City”) requesting that its existing conditional use permit be amended to allow the construction of a recreational facility, specifically a soccer facility which includes a building with a lower level footprint design of 1,200 square feet and a 400 square foot scoring tower within the upper level for a total floor area of 1,600 square feet. The soccer facility would be located at 3900 Bethel Drive, Arden Hills, Minnesota (on the Ona Orth Athletic Field complex across from the main campus). Said plans and specifications of this recreational facility are attached hereto as Exhibit “A”. C. At a public hearing on the 6th day of May, 2015, the Arden Hills Planning Commission reviewed Bethel’s application, the report and recommendations of the Arden Hills City Planner, the comments made by the public during the public hearing, and recommended approval of the conditional use permit amendment, subject to certain conditions, to the City Council. D. On the 26th day of May, 2015, the Arden Hills City Council considered the recommendations of the Planning Commission, the comments made during the public hearing on May 6, 2015, the effects of the proposed Conditional Use Permit Amendment on the health, safety, convenience, and general welfare of the owners and occupants of the surrounding land, and the community as a whole, and passed a motion approving Planning Case No. 15-009, subject to certain conditions enumerated herein. 2 182033v3 2. Permit. Subject to the terms and conditions set forth herein, the City hereby grants a conditional use permit amendment to Bethel for the construction of the soccer facility building. 3. Property. The conditional use permit amendment is for the following described property ("subject property") in the City of Arden Hills, Ramsey County, Minnesota: Those parts of Sections 21, 22, 27 and 28, Township 30, Range 23, lying Westerly and Southerly of the westerly and southerly right-of- way lines of State Trunk Highway No. 51 and Interstate Highway 694 lying northerly of the northerly right-of-way line of the Canadian Pacific Railroad Company and lying northerly and easterly of the northerly and easterly right-of-way lines of State Trunk Highway No. 10, except the South ¼ of the Southeast ¼ of the Southeast ¼ of the Section 21, Township 30, Range 23, lying east of the easterly line of Highway No. 10, according to the U.S. Government Survey thereof (herein the “Subject Property”) 4. Conditions. The conditional use permit amendment is issued subject to the following seven (7) conditions: (1) That the project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. (2) That Bethel shall continue to abide by all previous agreements and Conditional Use Permits, as amended by the conditions of approval of this application. (3) That a Conditional Use Permit Amendment agreement shall be prepared by the City Attorney and subject to City Council approval. The Conditional Use Permit Amendment agreement shall be signed by Bethel and approved by Council prior to the issuance of any building permits. (4) That a building permit shall be obtained for the proposed soccer facility building. (5) That the building permit for the soccer facility shall be issued by June 1, 2016, or an extension shall be requested at least 45 days preceding this deadline. (6) That Bethel shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping (materials and installation) 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 Bethel defaults on the Conditional Use Permit Amendment agreement. The City will hold the letter of credit for two (2) years after the installation of landscaping. The letter of credit should not expire during the two-year period. (7) That a minimum of two (2) trees shall be planted on the Ona Orth Athletic Field complex to meet the Zoning Code requirements. Each deciduous tree is required to be a minimum of two and one-half (2.5) caliper inches and coniferous trees are required to be six (6) feet in height. 3 182033v3 5. Termination of Permit. The City Council may revoke this permit following a public hearing for violation of the terms of this permit. 6. Lapse. If within one year of the issuance of this permit the allowed use has not been completed or the use commenced, this permit shall lapse. 7. Compliance. Bethel hereby agrees to comply with the conditions of approval for this Conditional Use Permit Amendment. Dated ____________________, 2015. BETHEL UNIVERSITY By: __________________________________ M o l l y H o l m e s , A c t i n g V i c e - P r e s i d e n t of Facilities Services STATE OF MINNESOTA ) ( s s . COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of _______________, 2015, by Molly Holmes, the Acting Vice-President of Facilities Services, of Bethel University, a non-profit institute of higher education, and that he executed the foregoing instrument and acknowledged that he executed same by authority of and on behalf of the corporation. __________________________________ Notary Public 4 182033v3 Dated ____________________, 2015. CITY OF ARDEN HILLS By: _______________________________ D a v i d G r a n t , M a y o r (SEAL) And _______________________________ P a t r i c k K l a ers, City Administrator STATE OF MINNESOTA ) ( s s . COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of _______________, 2015, by David Grant and by Patrick Klaers, respectively the Mayor and City Administrator of the City of Arden Hills, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. __________________________________ Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 5 182033v3 EXHIBIT “A” to CONDITIONAL USE PERMIT AMENDMENT See attached following 5 pages. 6 182033v3 7 18 2 0 3 3 v 3 8 18 2 0 3 3 v 3 9 18 2 0 3 3 v 3 10 18 2 0 3 3 v 3 Page 1 of 2 CONSENT ITEM – 6E MEMORANDUM DATE: June 29, 2015 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: Presbyterian Homes Conduit Debt Financing Action Requested Approval of Resolution 2015-035, authorizing the issuance and sale of Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2015, in the original aggregate principal amount not to exceed $10,000,000; approving the form of and authorizing the execution and delivery of the note, note purchase agreement, loan agreement, and certain related document; and providing for the security, rights, and remedies with respect to the note; and authorizing amendments to the notes issued in calendar years 2011 and 2012 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. On May 11, 2015 the City passed a resolution calling for a Public Hearing to be held on June 8, 2015. A Public Hearing was held on June 8, 2015 after which the City Council passed a resolution granting preliminary approval to the issuance of revenue bonds and certain related activities. 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. This issuance is done in accordance with the original development agreement dated December 20, 2010, and the fees established in that agreement in Section 7.1. The fees collected on this conduit debt issuance will be $25,000. In the attached letter from the City’s Bond Counsel, John Utley, the project is summarized and outlines the process needed to complete this request. Page 2 of 2 The City’s Bond Counsel 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 2015-035 1 Wednesday, June 24, 2015 Patrick Klaers Administrator City of Arden Hills 1245 Highway 96 West Arden Hills, Minnesota 55112-5743 Re: Presbyterian Homes of Arden Hills, Inc. — Resolution Authorizing Issuance of Revenue Obligations of the City to Finance Phase II of the Minimum Improvements and Amendments to the Notes Issued in Calendar Years 2011 and 2012 Presbyterian Homes of Arden Hills, Inc., a Minnesota nonprofit corporation (the “Borrower”) has requested that the City issue its Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2015 (the “Series 2015 Note” or “Note”), in the original aggregate principal amount of $10,000,000 to finance the acquisition, 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 at 3200 Lake Johanna Boulevard in the City (the “Phase II Project”). The Phase II Project will constitute the second phase of the Minimum Improvements that were proposed to be developed by the Borrower under a Contract for Private Development, dated December 20, 2010 (the “Development Contract”), between the City and the Borrower. The Borrower proposes to apply the proceeds derived from such loan to the financing of the Phase II Project, and to the payment of a portion of the costs of issuing the Series 2015 Note by the City. On June 8, 2015, the City Council (the “City Council”) of the City of Arden Hills (the “City”) held a public hearing in connection with a housing program for a multifamily housing development (the “Housing Program”) and the proposed issuance of the Series 2015 Note under the Municipal Housing Act, Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”) to finance a loan to the Borrower for the Phase II Project. Following the public hearing on June 8, the City Council adopted a resolution (the “Preliminary Resolution”), which: (i) approved the Housing Program; (ii) granted preliminary approval to the issuance of the Series 2015 Note by the City to finance the costs of the Housing Program and the Phase II Project; and (iii) authorized certain other actions to be taken by the City and the Borrower in connection with the financing of the Phase II Project. The Series 2015 Note is proposed to be sold to Bremer Bank, National Association (the “Lender”), under the terms and conditions of a Note Purchase Agreement, dated on or after June 1, 2015 (the “Note Purchase Agreement”), between the City, the Borrower, and the Lender. The interests of the City in the Loan Agreement, including loan repayments to be made by the Borrower thereunder, are proposed to be assigned (subject to the retention of certain reserved rights of the City) to the Lender under the terms of an Assignment of Loan Agreement, dated on or after June 1, 2015 (the “Assignment of Loan Agreement”), between the City, the Lender, and the Borrower. The obligations of the Borrower under the terms of the Loan Agreement and the Assignment of Loan Agreement will be secured by a Second Mortgage, Security Agreement, Fixture Financing Statement, and Assignment of Leases and Rents, dated on or after June 1, 2015 (the “Second Mortgage”), from the Borrower in favor of the City, an Assignment of Second Mortgage, Security Agreement, Fixture Financing Statement, and Assignment of Leases and Rents, dated on or after June 1, 2015 2 (the “Assignment of Second Mortgage”), from the City in favor of the Lender, and by a Collateral Assignment of Contract for Private Development, dated on or after June 1, 2011 (the “TIF Assignment”), between the City, the Borrower, and the Lender. In accordance with the terms of an agreement between the Borrower and the Lender, the Borrower has also requested that: (A) the City approve certain amendments to the outstanding revenue obligations of the City issued in calendar years 2011 and 2012, including: (i) Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2011A (the “Series 2011A Note”), issued on September 9, 2011, in the original aggregate principal amount of $10,000,000; and (ii) Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2012A (the “Series 2012A Note”), issued on January 3, 2012, in the original aggregate principal amount of $10,000,000; and (B) the City of Little Canada (“Little Canada”) approve certain amendments to the outstanding revenue obligations of Little Canada issued in calendar years 2011 and 2012, including: (i) Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2011B (the “Series 2011B Note”), issued on September 30, 2011, in the original aggregate principal amount of $10,000,000; and (ii) Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2012B (the “Series 2012B Note”), issued on January 19, 2012, in the original aggregate principal amount of $2,000,000. The Series 2011A Note, Series 2011B Note, Series 2012A Note, and Series 2012B Note (collectively, the “Prior Notes”) were sold to the Lender, the proceeds of which were loaned by the City and Little Canada to the Borrower, and applied by the Borrower to finance the first phase of the Minimum Improvements under the Development Contract, which consisted of the demolition of an existing senior housing facility and the acquisition, construction, and equipping of a multifamily housing development including a senior rental housing facility comprised of independent living units, assisted living units, and memory-care units (a combined total of approximately 166 dwelling units) now located at 3120 and 3220 Lake Johanna Boulevard in the City (the “Phase I Project”). Construction of the Phase I Project has been completed. Since the adoption of the Preliminary Resolution, the Borrower has completed its negotiations with Lender, as proposed purchaser of the Series 2015 Note. The Borrower will return to the City Council at its meeting on Monday, June 29, 2015 to request consideration of a final resolution (the “Final Resolution”) authorizing the issuance of the Series 2015 Note, approving a set of final loan documents and security documents, and authorizing amendments to the Series 2011A Note and the Series 2012A Note. The Borrower has requested that the Series 2015 Note be issued as a “qualified tax-exempt obligation” 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.” 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 City has not issued any tax-exempt bonds during calendar year 2015 and, except for the Series 2015 Note, does not expect to issue any other tax-exempt obligation in calendar year 2015. Therefore, the Borrower has requested that the City issue the Series 2015 Note in calendar year 2015 in the aggregate principal amount of $10,000,000 and designate the Series 2015 Note as a qualified tax-exempt obligation. The proposed amendments to the Prior Notes constitute a significant modification of the Prior Notes and will cause a reissuance of the Prior Notes under federal income tax law and regulations, and upon the effective date of such amendments, the Prior Notes will be treated as if they were refunded on such dates. In order for the amended Series 2011A Note (the “Amended Series 2011A Note”) and the amended Series 2012A Note (the “Amended Series 2012A Note”) to be deemed designated as “qualified tax-exempt obligations” under the provisions of Section 265(b)(3)(D) of the Code, the Final Resolution authorizes all actions necessary to ensure that the Series 2015 Note, the Amended Series 2011A Note, the Amended Series 3 2012A Note, the amended Series 2011B Note, and the amended Series 2012B Note will be treated as separate issues for federal income tax purposes. The Series 2015 Note proposed to be issued by the City to finance the Phase II Project will not constitute a pecuniary liability or charge, lien, or encumbrance, legal or equitable, upon any funds, assets, taxing powers, or any other property of the City except the City’s interest in the Loan Agreement and any security specifically pledged to the Series 2015 Note. The Series 2015 Note will be payable solely from the revenues received from the Borrower and the Phase II Project and other property pledged to its payment, and will not constitute a general or moral obligation of the City. Therefore, the City cannot be compelled to exercise its taxing power to pay any portion of the Series 2015 Note, and payment for the Series 2015 Note cannot be enforced against any property of the City. The Amended Series 2011A Note and the Amended Series 2012A Note will continue to constitute special limited obligations of the City, payable solely from the revenues received from the Borrower and the Phase I Project and other property pledged to their payment, and will not constitute general or moral obligations of the City. Therefore, the City cannot be compelled to exercise its taxing power to pay any portion of the Amended Series 2011A Note or the Amended Series 2012A Note, and payment for the Amended Series 2011A Note and the Amended Series 2012A Note cannot be enforced against any property of the City. If the City Council adopts the Final Resolution, City will have final authority to issue the Series 2015 Note, execute and deliver related loan documents, provide for the security of the Series 2015 Note, and amend the Series 2011A Note and Series 2012A Note. Please contact the undersigned at your convenience with any questions with regard to the foregoing. KENNEDY & GRAVEN, CHARTERED Sofia E. Lykke AR200-016 (SEL) 463656v.1 -1- CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2015-035 AUTHORIZING THE ISSUANCE AND SALE OF SENIOR HOUSING REVENUE NOTE (PRESBYTERIAN HOMES OF ARDEN HILLS, INC. PROJECT), SERIES 2015, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE, NOTE PURCHASE AGREEMENT, LOAN AGREEMENT, AND CERTAIN RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE NOTE; AND AUTHORIZING AMENDMENTS TO THE NOTES ISSUED IN CALENDAR YEARS 2011 AND 2012 FOR THE BENEFIT OF PRESBYTERIAN HOMES OF ARDEN HILLS, INC. WHEREAS, the City of Arden Hills, Minnesota (the “City” or the “Issuer”) is a statutory city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), statutory and home rul e cities and other political subdivisions of the State of Minnesota are authorized to carry out the public purposes described therein and contemplated thereby in the financing of multifamily housing developments by issuing revenue obligations to defray, in whole or in part, the development costs of multifamily housing developments, and by entering into any agreements made in connection therewith and by pledging any such agreements as security for the payment of the principal of and interest on any such reve nue obligations; and WHEREAS, a multifamily housing development financed under the Act may consist of a multifamily housing development combined with a new or existing health care facility if: (i) the multifamily housing development is designed and intended to be used for rental occupancy; (ii) the multifamily housing development is designed and intended to be used primarily by elderly or physically disabled persons; and (iii) nursing, medical, personal care, and other health related assisted living services are available on a twenty-four hour basis in the multifamily housing development to the residents; and WHEREAS, to finance a program for a multifamily housing development, the Issuer may, upon approval of a housing program with respect to such proposed multifamily housing development, issue and -2- sell revenue bonds or obligations which shall be payable exclusively from the revenues derived from the program and the multifamily housing development; and WHEREAS, in the making of multifamily housing loans and the issuance of revenue bonds or other obligations, the Issuer may exercise any of the powers the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended, including the power to issue bonds or notes for the purpose of refunding any bonds or notes of the City then outstanding or any bonds or notes then outstanding issued by an issuer other than the City; and WHEREAS, at the request of Presbyterian Homes of Arden Hills, Inc., a Minnesota nonprofit corporation (the “Borrower”), in order to finance the costs of the demolition of an existing senior housing facility and the acquisition, construction, and equipping of a multifamil y housing development consisting of a senior rental housing facility comprised of independent living units, assisted living units, and memory-care units (a combined total of approximately 166 dwelling units) (the “Phase I Project”) located at 3120 and 3220 Lake Johanna Boulevard in the City, and to pay certain financing and issuance costs related thereto, (a) in calendar years 2011 and 2012 the City issued the following revenue obligations of the City: (i) Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2011A (the “Series 2011A Note”), issued on September 9, 2011, in the original aggregate principal amount of $10,000,000; and (ii) Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2012A (the “Series 2012A Note”), issued on January 3, 2012, in the original aggregate principal amount of $10,000,000, and (b) in calendar years 2011 and 2012 the City of Little Canada, Minnesota (“Little Canada”) issued the following revenue obligations of Little Canada: (i) Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2011B (the “Series 2011B Note”), issued on September 30, 2011, in the original aggregate principal amount of $10,000,000; and (ii) Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2012B (the “Series 2012B Note”), issued on January 19, 2012, in the original aggregate principal amount of $2,000,000; and WHEREAS, the Series 2011A Note, Series 2011B Note, Series 2012A Note, and Series 2012B Note (collectively, the “Prior Notes”) were sold to Bremer Bank, National Association (the “Lender”); and WHEREAS, the proceeds derived from the sale of the Series 2011A Note were loaned to the Borrower under the terms and conditions of a Loan Agreement, dated as of September 1, 2011 (the “Series 2011A Loan Agreement”), between the City and the Borrower; the proceeds derived from the sale of the Series 2011B Note were loaned to the Borrower under the terms and conditions of a Loan Agreement, dated as of September 1, 2011 (the “Series 2011B Loan Agreement”), between Little Canada and the Borrower; the proceeds derived from the sale of the Series 2012A Note were loaned to the Borrower under the terms and conditions of a Loan Agreement, dated as of January 1, 2012 (the “Series 2012A Loan Agreement”), between the City and the Borrower; and the proceeds derived from the sale of the Series 2012B Note were loaned to the Borrower under the terms and conditions of a Loan Agreement, dated as of January 1, 2012 (the “Series 2012B Loan Agreement”), between Little Canada and the Borrower; and WHEREAS, in order to secure its obligations under the Series 2011A Loan Agreement, the Series 2011B Loan Agreement, the Series 2012A Loan Agreement, and the Series 2012B Loan Agreement (collectively, the “Prior Loan Agreements”), the Borrower executed and delivered to the City and Little Canada a Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents, dated September 9, 2011 (the “First Mortgage”), from the Borrower, as mortgagor, to the City and Little Canada, as mortgagees; and -3- WHEREAS, the City and Little Canada assigned to the Lender their right, title and interest in and to the First Mortgage pursuant to the terms of an Assignment of Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents, dated as of January 1, 2012 (the “Assignment of First Mortgage”); and WHEREAS, construction of the Phase I Project has been completed and the Borrower has requested that the City assist in the development 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 (the “Phase II Project”), to be located at 3200 Lake Johanna Boulevard in the City; and WHEREAS, the Borrower has requested that the City issue its Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2015 (the “Series 2015 Note” or “Note”), in the original aggregate principal amount of $10,000,000; and WHEREAS, the Series 2015 Note is proposed to be sold to the Lender, under the terms and conditions of a Note Purchase Agreement, dated on or after July 1, 2015 (the “Note Purchase Agreement”), between the City, the Borrower, and the Lender; and WHEREAS, the proceeds derived from the sale of the Series 2015 Note are proposed to be loaned to the Borrower under the terms and conditions of a Loan Agreement, dated on or after July 1, 2015 (the “Loan Agreement”), between the City and the Borrower; and WHEREAS, the interests of the City in the Loan Agreement, including loan repayments to be made by Borrower thereunder, are proposed to be assigned (subject to the retention of certain reserved rights of the City) to the Lender under the terms of an Assignment of Loan Agreement, dated on or after July 1, 2015 (the “Assignment of Loan Agreement”), between the City, the Lender, and the Borrower; and WHEREAS, the obligations of the Borrower under the terms of the Loan Agreement and the Assignment of Loan Agreement will be secured by a Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents, dated on or after July 1, 2015 (the “Second Mortgage”), from the Borrower in favor of the City, an Assignment of Mortgage, Security Agreement, Fixture Financing Statement, and Assignment of Leases and Rents, dated on or after July 1, 2015 (the “Assignment of Second Mortgage”), from the City in favor of the Lender, and by a Collateral Assignment of Contract for Private Development, dated on or after July 1, 2015 (the “TIF Assignment”), between the City, the Borrower, and the Lender; and WHEREAS, in accordance with the terms of an agreement between the Borrower and the Lender, the Borrower has requested that the City approve certain amendments to the outstanding Series 2011A Note and Series 2012A, in conjunction with the issuance of the Note; and WHEREAS, in accordance with the terms of an agreement between the Borrower and the Lender, the Borrower has also requested that Little Canada approve certain amendments to the outstanding Series 2011B Note and Series 2012B, in conjunction with the issuance of revenue obligations of Little Canada; and WHEREAS, the City has been advised by Kennedy & Graven, Chartered, as bond counsel to the City (“Bond Counsel”), that the proposed amendments to the Notes constitute a significant modification to the Prior Notes and will cause a reissuance of the Prior Notes under federal income tax -4- law and regulations and, upon the effective date of such amendments, the Prior Notes will be treated as if they were refunded on such dates; and WHEREAS, the Series 2015 Note will constitute a revenue obligation of the City secured solely by: (i) the revenues derived from the Loan Agreement; and (ii) certain security provided by the Borrower to the Lender, as the purchaser of the Series 2015 Note, including a mortgage lien on the Phase II Project, and additional security and collateral required by the Lender; and WHEREAS, the amended Series 2011A Note (the “Amended Series 2011A Note”) will continue to constitute a revenue obligation of the City secured by: (i) the revenues derived from the Series 2011A Loan Agreement; and (ii) certain security including a mortgage lien on the Phase I Project, and additional security and collateral required by the Lender; and WHEREAS, the amended Series 2011B Note (the “Amended Series 2011B Note”) will continue to constitute a revenue obligation of Little Canada secured by: (i) the revenues derived from the Series 2011B Loan Agreement; and (ii) certain security including a mortgage lien on the Phase I Project, and additional security and collateral required by the Lender; and WHEREAS, the amended Series 2012A Note (the “Amended Series 2012A Note”) will continue to constitute a revenue obligation of the City secured by: (i) the revenues derived from the Series 2012A Loan Agreement; and (ii) certain security including a mortgage lien on the Phase I Project, and additional security and collateral required by the Lender; and WHEREAS, the amended Series 2012B Note (the “Amended Series 2012B Note”) will continue to constitute a revenue obligation of Little Canada secured by: (i) the revenues derived from the Series 2012B Loan Agreement; and (ii) certain security including a mortgage lien on the Phase I Project, and additional security and collateral required by the Lender; and WHEREAS, the Lender has agreed to purchase the Series 2015 Note in a manner consistent with the policies of the City relating to the issuance and sale of non-rated conduit revenue bonds; and WHEREAS, the Series 2015 Note, the interest on the Series 2015 Note, the Amended Series 2011A Note, and the interest on the Amended Series 2011A Note, the Amended Series 2012A Note, and the interest on the Amended Series 2012A Note: (i) shall not constitute general or moral obligations of the City and shall be payable solely from the revenues pledged therefor; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City’s interest in the Loan Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, AS FOLLOWS: 1. For the purposes described in this resolution, there is hereby authorized the issuance of the Series 2015 Note in the original aggregate principal amount not to exceed $10,000,000. The Series 2015 Note shall bear interest at such rates, shall be in such denomination, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed in the form of the Series 2015 Note on file with the City on the date hereof. All of the provisions of the Series 2015 Note, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. -5- 2. The Series 2015 Note shall be a special limited obligation of the City payable solely from revenues of the Project, in the manner provided in this resolution and the Loan Agreement. The Series 2015 Note does not constitute a general or moral obligation of the City, or a pledge of the faith and credit or any taxing powers of the City, the State of Minnesota, or any political subdivision thereof. The City hereby authorizes and directs the Mayor of the City (the “Mayor”) and the Administrator of the City (the “City Administrator”) to execute the Series 2015 Note, and to deliver the Series 2015 Note to the Lender, and hereby authorizes and directs the execution of the Series 2015 Note in accordance with its respective terms and the terms of this resolution. The Mayor and the City Administrator are hereby authorized to approve the interest rate on the Series 2015 Note, approve changes to the maturity schedule, optional and mandatory redemption terms, and other terms and provisions of the Series 2015 Note; provided that the maturity date for the Note shall not be later than the date set forth in the form of the Series 2015 Note on file with the City on the date hereof. 3. The Note shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Note and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Note, and to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 4. The proceeds derived from the sale of the Series 2015 Note shall be loaned by the City to the Borrower pursuant to the terms and conditions of the Loan Agreement. The loan repayments to be made by the Borrower under the Loan Agreement are to be determined so as to produce revenues sufficient to pay the principal of, premium, if any, and interest on the Series 2015 Note when due. The Loan made pursuant to the Loan Agreement and the City’s rights to the loan repayments and certain other rights under the Loan Agreement shall be assigned to the Lender as security for payment of the Series 2015 Note pursuant to the terms of the Assignment of Loan Agreement. The Series 2015 Note, the Loan Agreement, and the Assignment of Loan Agreement shall be substantially in the forms on file with the City on the date hereof, and are hereby approved, with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor and City Administrator, in their discretion, shall determine, and the execution and delivery thereof by the Mayor and City Administrator shall be conclusive evidence of such determination. The Series 2015 Note, the Loan Agreement, and the Assignment are directed to be executed in the name and on behalf of the City by the Mayor and the City Administrator. All of the provisions of the Loan Agreement and the Assignment of Loan Agreement, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 5. The Assignment of Second Mortgage and the TIF Assignment shall be substantially in the forms on file with the City on the date hereof, and are hereby approved, with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor and City Administrator, in their discretion, shall determine, and the execution and delivery thereof by the Mayor and City Administrator shall be conclusive evidence of such determination. The Assignment of Second Mortgage and the TIF Assignment are directed to be executed in the name and on behalf of the City by the Mayor and the City Administrator. 6. The offer of the Lender to purchase the Series 2015 Note at a price of par is hereby accepted. The Mayor and the City Administrator are hereby authorized and directed to execute and deliver the Note Purchase Agreement. All of the provisions of the Note Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of -6- execution and delivery thereof. The Note Purchase Agreement shall be substantially in the form now on file with the City which is hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Administrator, in their discretion, shall determine, and the execution of the Note Purchase Agreement by the Mayor and the City Administrator shall be conclusive evidence of such determination. 7. The City has not participated in the preparation of any disclosure documents relating to the offer and sale of the Series 2015 Note and has made no independent investigation with respect to the information contained in any such disclosure documents. The City assumes no responsibility for the sufficiency, accuracy, or completeness of any information set forth in any such disclosure documents. 8. The Amended Series 2011A Note and Amended Series 2012A Note, in the forms now on file with the City, are hereby approved. The Mayor and the City Administrator are hereby authorized and directed to execute the Amended Series 2011A Note, and to deliver the Amended Series 2011A Note to the Lender in exchange for the original Series 2011A Note on such date as will ensure that, under applicable federal income tax law and regulations, the Amended Series 2011A Note will not be deemed to be part of a single issue of tax-exempt obligations that includes the Amended Series 2011A Note and the Series 2015 Note, the Amended Series 2012A Note, the Amended Series 2011B Note, or the Amended Series 2012B Note. The Amended Series 2011A Note shall include such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor and City Administrator, in their discretion, shall determine, and the execution and delivery thereof by the Mayor and City Administrator shall be conclusive evidence of such determination. The Mayor and the City Administrator are hereby authorized and directed to execute the Amended Series 2012A Note, and to deliver the Amended Series 2012A Note to the Lender in exchange for the original Series 2012A Note on such date as will ensure that, under applicable federal income tax law and regulations, the Amended Series 2012A Note will not be deemed to be part of a single issue of tax -exempt obligations that includes the Amended Series 2012A Note and the Series 2015 Note, the Amended Series 2011A Note, the Amended Series 2011B Note, or the Amended Series 2012B Note. The Amended Series 2012A Note shall include such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor and City Administrator, in their discretion, shall determine, and the execution and delivery thereof by the Mayor and City Administrator shall be conclusive evidence of such determination. All of the provisions of the Amended Series 2011A Note and the Amended Series 2012A Note, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Amended Series 2011A Note and Amended Series 2012A Note shall continue to constitute special limited obligations of the City payable solely from revenues of the Phase I Project, in the manner provided in this resolution and the Series 2011A Loan Agreement or the Series 2012A Loan Agreement. The Amended Series 2011A Note and the Series 2012A Note do not constitute general or moral obligations of the City, or a pledge of the faith and credit or any taxing power of the City, the State of Minnesota, or any political subdivision thereof. 9. The City has not participated in the preparation of any disclosure documents relating to the offer and sale of the Series 2015 Note or the amendments to the Amended Series 2011A Note and Amended Series 2012A Note and has made no independent investigation with respect to the information contained in any such disclosure documents. The City assumes no responsibility for the sufficiency, accuracy, or completeness of any information set forth in any such disclosure documents. 10. The Mayor, the City Administrator, and other officers of the City are authorized and directed to prepare and furnish to the Lender and to Bond Counsel certified copies of all proceedings and records of the City relating to the Series 2015 Note, the Amended Series 2011A Note, and the Amended Series 2012A Note, and such other affidavits and certificates as may be required to show the facts relating -7- to the legality of the Series 2015 Note, the Amended Series 2011A Note, and the Amended Series 2012A Note as such facts appear from the books and records in the officers’ custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any h eretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 11. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom, and additions thereto as may be necessary and appropriate and approved by the officials authorized herein to execute said documents, which approval shall be conclusively evidenced b y the execution thereof. The Mayor, the City Administrator, and other officers and employees of the City are hereby authorized to execute and deliver, on behalf of the City, all other certificates, instruments, and other written documents that may be requested by Bond Counsel, the Lender, or other persons or entities in conjunction with the issuance of the Series 2015 Note or the amendments to the Amended Series 2011A Note and the Amended Series 2012A Note and the expenditure of the proceeds of the Series 2015 Note. Without imposing any limitations on the scope of the preceding sentence, such officers and employees are specifically authorized to execute and deliver a certificate relating to federal tax matters including matters relating to arbitrage and arbitrage rebate, a receipt for the proceeds derived from the sale of the Series 2015 Note or the delivery of the Amended Series 2011A Note and the Amended Series 2012A Note, a general certificate of the City, and an Information Return for Tax-Exempt Private Activity Bonds Issues, Form 8038 (Rev. April 2011) with respect to the Series 2015 Note and the Amended Series 2011A Note and the Amended Series 2012A Note. 12. The City hereby approves one or more mortgages, including the Second Mortgage, one or more guaranty agreements, one or more collateral assignments, one or more assignments of leases and rents, one or more security agreements, and one or more security documents to be delivered by the Borrower to secure timely payment of the Series 2015 Note, the Amended Series 2011A Note, and the Amended Series 2012A Note, substantially in the forms to be delivered by the Borrower or related entities. 13. All covenants, stipulations, obligations, representations, and agreements of the City contained in this resolution or contained in the Loan Agreement, the Assignment of Loan Agreement, or other documents referred to above shall be deemed to be the covenants, stipulations, obligations, representations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed upon the City by the provisions of this resolution or of the Loan Agreement , the Assignment of Loan Agreement, or the other documents referred to above shall be exercised or performed by the City, or by such officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Loan Agreement, the Assignment of Loan Agreement, or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any elected official, officer, agent, or employee of the City in that person’s individual capacity, and neither the members of the City Council nor any officer or employee executing the Series 2015 Note, the Amended Series 2011A Note, or the Amended Series 2012A Note shall be liable personally on the Series 2015 Note, the Amended Series 2011A Note, or the Amended Series 2012A Note or be subject to any personal liability or accountability by reason of the issuance thereof. 14. Except as herein otherwise expressly provided, nothing in this resolution or in the Loan Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm, o r corporation, other than the City and the registered and beneficial owners of the Series 2015 Note and the -8- Amended Series 2011A Note and the Amended Series 2012A Note, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Loan Agreement or any provision thereof; this resolution, the Loan Agreement and all of their provisions being intended to be, and being for the sole and exclusive benefit of the City, the Lender (or subsequent registered owners of the Series 2015 Note, the Amended Series 2011A Note, or the Amended Series 2012A Note issued or amended under the provisions of this resolution and the Loan Agreement), and the Borrower to the extent expressly provided in the Loan Agreement. 15. In case any one or more of the provisions of this resolution, or of the documents mentioned herein, or of the Series 2015 Note, the Amended Series 2011A Note, or the Amended Series 2012A Note issued or amended hereunder (other than provisions expressing any limitation on the liability of the City) shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Series 2015 Note, the Amended Series 2011A Note, or the Amended Series 2012A Note but this resolution, the aforementioned documents, and the Series 2015 Note, the Amended Series 2011A Note, or the Amended Series 2012A Note shall be construed and endorsed as if such illegal or invali d provisions had not been contained therein. 16. All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Series 2015 Note or the amendment of the Amended Series 2011A Note and the Amended Series 2012A Note, and to the execution of the Loan Agreement, the Assignment of Loan Agreement, and the other documents referred to above to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Series 2015 Note or the amendment of the Amended Series 2011A Note and the Amended Series 2012A Note, and precedent to the execution of the Loan Agreement , the Assignment of Loan Agreement, and the other documents referred to above have happened, exist, and have been performed as so required by law. 17. The members of the City Council, officers of the City, and attorneys and other agents or employees of the City are hereby authorized to do all acts and things required by them by or in connection with this resolution and the Loan Agreement and the other documents referred to above for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Series 2015 Note, the Amended Series 2011A Note, the Amended Series 201,A Note, the Loan Agreement, the Assignment of Loan Agreement, and the other documents referred to above, and this resolution. 18. If for any reason the Mayor is unable to execute and deliver those documents referred to in this resolution, any other member of the City Council, or any officer of the City duly delegated to act on behalf of the Mayor, may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. If for any reason the City Administrator is unable to execute and deliver the documents referred to in this resolution, such documents may be executed and delivered by any member of the City Council or any officer of the City duly delegated to act on behalf of the City Administrator, with the same force and effect as if such documents were executed and delivered by the City Administrator. 19. The Borrower has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Phase II Project will be paid by the Borrower. It is understood and agreed that the Borrower shall indemnify the City against all liabilities, losses, damages, costs, and expenses (including attorney’s fees and expenses incurred by the City) arising wit h respect to the Phase II Project, or the Series 2015 Note, the Amended Series 2011A Note, or the Amended Series 2012A Note as provided for and agreed to by and between the Borrower and the City in the Loan Agreement. -9- 20. The City hereby consents to the amendments incorporated into the Amended Series 2011B Note and the Amended Series 2012B Note and delivery of the Amended Series 2011B Note and Amended Series 2012B Note. 21. The City hereby determines that the reasonably anticipated amount of tax-exempt obligations which will be issued by the City during calendar year 2015 does not exceed $10,000,000. For purposes of the preceding sentence, the term “tax-exempt obligation” does not include the tax-exempt obligations described in Section 265(b)(3)(C)(ii) or in Section 265(b)(3)(D) of the Internal Revenue Code of 1986, as amended (the “Code”). The Series 2015 Note is hereby designated as a “qualified tax-exempt obligation” by the City for the purposes of Section 265(b)(3) of the Code for calendar year 2015. The Amended Series 2011A Note and the Amended Series 2012A Note will be deemed designated as “qualified tax-exempt obligations” under the provisions of Section 265(b)(3)(D) of the Code. 22. This resolution shall be in full force and effect from and after its passage. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, THIS 29TH DAY OF JUNE, 2015. By David Grant, Mayor Attest: By Amy Dietl, City Clerk AR200-16 (SEL) 463027v.2 CONSENT ITEM – 6F City of Arden Hills City Council Meeting for June 29, 2015 P:\Planning\Planning Cases\2015\PC 15-011 - City Code Amendment - Temporary Parking Restrictions - Chapter 8\Memos_Reports_15-011 Page 1 of 2 MEMORANDUM DATE: June 29, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Ryan Streff, City Planner SUBJECT: Planning Case #15-011 Applicant: City of Arden Hills Subject: City Code Amendment – Temporary Parking Regulations Requested Action 1) Motion to approve Ordinance 2015-005 in Planning Case 15-011 for an amendment to Chapter 8 – Traffic and Motor Vehicles Section 800.03 (Parking Regulations) of the City Code, as presented in the June 29, 2015, Report to the City Council. 2) Motion to approve publishing a Summary of Ordinance 2015-005 (4/5 vote required). Background The proposed amendment to Chapter 8 of the Arden Hills City Code in Planning Case 15-005 is being requested to regulate temporary parking in the City. This amendment would allow the City Administrator or designee to restrict parking on City streets for up to thirty (30) days. The temporary parking restrictions may include, but are not limited to, no parking, 2 hour parking, and parking on one side of the street. The proposed amendment to this section would help address parking issues that have been identified in residential areas by the City’s Public Works Department and the County Sheriff during special events such as the State Fair. City of Arden Hills City Council Meeting for June 29, 2015 P:\Planning\Planning Cases\2015\PC 15-011 - City Code Amendment - Temporary Parking Restrictions - Chapter 8\Memos_Reports_15-011 Page 2 of 2 Additional Review A. City Attorney The proposed language amending the City Code and the procedures for making these ordinance changes have been reviewed by the City Attorney. Recommendation Staff recommends approval of Ordinance 2015-005 in Planning Case 15-011 for an amendment to Chapter 8 – Traffic and Motor Vehicles Section 800.03 (Parking Regulations) of the City Code, as presented in the June 29, 2015, Report to the City Council Proposed Motion Language 1. Approve the proposal as submitted (Recommended Action). 2. Deny the application with reasons for denial. 3. Table for additional information. Attachments A. Chapter 8 - Section 800.03 - Subd. 12 Temporary Parking Restrictions – Redline Version B. Ordinance 2015-005 C. Summary of Ordinance 15-005 City of Arden Hills Chapter 8 - Traffic and Motor Vehicles 8- 1 Adopted December 17, 2001 Chapter 8 – Traffic and Motor Vehicles Section 800 - Traffic and Parking Regulations * 800.01 Highway Traffic Regulation Act Adopted. M.S. Ch. 169, as amended from time to time, is hereby adopted by reference and made a part of this code as if set out here in full. 800.02 Penalty. Any violation of M.S. Ch. 169, commonly referred to as the Highway Traffic Regulation Act, which occurs within the limits of the City shall be a violation of this chapter. Any person violating any provision thereof shall be punished by a fine or imprisonment not to exceed the maximum penalty authorized by state law. 800.03 Parking Regulations. (revised 2/23/12) Subd. 1 Winter Parking Regulations. Except in compliance with the directions of a law enforcement officer or in compliance with regulatory parking signs, no vehicle shall be parked on the improved portion of any street or highway in the City immediately after the accumulation of two or more inches of snow and until snow removal or plowing has been completed. Subd. 2 Overnight Parking. No vehicle shall be parked on any street between the hours of 2:00 a.m. and 6:00 a.m. Subd. 3 Prohibited Parking Areas. In all residential districts, parking shall be prohibited on any area of private property except on designated driveways or parking lots. Subd. 4 Parking in Driveways. In all residential districts, there shall be no more than four vehicles parked on a driveway. Subd. 5 Parking on Public Streets. Parking on public streets shall not exceed six hours. Subd. 6 Vehicles over 12,000 Pounds. No motor vehicle or trailer with a rated gross weight exceeding 12,000 pounds shall be parked or stored in a residential zone except when loading, unloading or rendering a service. Subd. 7 Parking on Boulevard Prohibited. No motor vehicle shall park upon the boulevard of any public street. Subd. 8 Setback from Intersections. Parking shall be set back from street intersections as follows: A. Twenty (20) feet from crosswalk of any uncontrolled intersection; B. Thirty (30) feet from crosswalk of any controlled intersection; and C. Twenty (20) feet from any intersection without a marked crosswalk. *State law references - Abandoned motor vehicles, M.S. Ch. 168B; highway traffic regulations, M.S. Ch. 169 City of Arden Hills Chapter 8 - Traffic and Motor Vehicles 8- 2 Adopted December 17, 2001 Subd. 9 Administrative Procedures. The city administrator shall adopt, from time to time, procedures to provide for the safe and consistent application of the parking regulations. The city administrator may grant variances from the application of parking regulations provided that the variances can be allowed without creating a safety hazard. Administrative variances shall be in writing and shall state the specific time limits during which the variation will be allowed to occur. Subd. 10 Impoundment. A. Any vehicle parked in violation of this subsection is hereby declared to be a traffic safety hazard and nuisance, and the same may be summarily abated by removing and towing away such vehicle by or under the direction or at the request of any member of the City's designated law enforcement provider. Such vehicle shall be stored at such place within or without the City as may be directed by the City's designated law enforcement provider; and within fourteen (14) days of such impounding, the City’s designated law enforcement provider shall mail written notice thereof to the owner at his or her last known address according to the vehicle registration records of the state. Before the owner or his or her agent shall be permitted to remove the vehicle from the custody of the City's designated law enforcement provider, he or she shall furnish satisfactory evidence of identity and ownership of the vehicle, pay all reasonable charges for the towing and storage of the vehicle and sign a written receipt for the vehicle. B. As an alternative to the foregoing, the officer may require the owner of an illegally parked vehicle to remove said vehicle from the subject street or highway during the times limited above. Subd. 11 Prima Facie Evidence of Violation. The operation, use or parking of a motor vehicle in violation of this subsection shall be prima facie evidence that the motor vehicle was at the time of the violation controlled, operated and used by the owner thereof. Subd. 12 Temporary Parking Restrictions. The City Administrator or designee may post temporary parking restrictions on City streets for up to thirty (30) days in duration. Temporary parking restrictions may include, but are not limited to, no parking, 2 hour parking, and parking on one side of the street. Ordinance 2015-005 Page 1 of 1 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2015-005 AN ORDINANCE AMENDING SECTION 800.03 OF THE CITY CODE The Arden Hills City Council hereby ordains that Chapter 8, Section 800.03 of the City Code shall hereby be amended by adding a new Subdivision 12 to read as follows: 800.03 Parking Regulations. Subd. 12 Temporary Parking Restrictions. The City Administrator or designee may post temporary parking restrictions on City streets for up to thirty (30) days in duration. Temporary parking restrictions may include, but are not limited to, no parking, 2 hour parking, and parking on one side of the street. Effective Date . This Ordinance shall become effective the day following its publication. Adoption Date. Passed by the City Council of the City of Arden Hills the 29th Day of June, 2015. DAVID GRANT, MAYOR ___ ATTEST: AMY DIETL CITY CLERK Publication Date: July 8, 2015 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2015-005 On the 29th day of June, 2015, the Arden Hills City Council adopted Ordinance No. 2015-005, and by at least four/fifths affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2015-005 be published. The amendment to Chapter 8, Section 800.03 of the City Code is entitled “Temporary Parking Restrictions”. The purpose of the amendment is to regulate parking in the City, by permitting the City Administrator or designee to restrict parking on City streets for up to thirty (30) days. The restrictions may include, but are not limited to, no parking, 2 hour parking, and parking on one side of the street. The amended regulations will go into effect on July 9, 2015. A full copy of Ordinance 2015-005 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.cityofardenhills.org. CONSENT ITEM – 6G MEMORANDUM DATE: June 29, 2015 TO: Honorable Mayor and City Council Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: Approve 2014 City Financial Statements & Audit Staff Recommendation: Motion to accept the 2014 City of Arden Hills financial report and audit results as presented. Background/Discussion: The 2014 financial statements and audit results are completed and a presentation is scheduled to be made to the City Council by the City’s auditor, Aaron Neilson of MMKR as previously noted in a preceding agenda item. Page 1 of 1 CONSENT ITEM – 6H MEMORANDUM DATE: June 29, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services Amy Dietl, City Clerk SUBJECT: Authorization to Appoint Public Works Maintenance Worker Position Background and Discussion At the May 11, 2015, City Council meeting, Scott Freyberger’s resignation as a Public Works Maintenance Worker was accepted by the Council. At the same meeting, authorization to advertise for the vacancy created by his resignation was granted. The recruitment process resulted in 25 applicants for the position. Five applicants were interviewed by the Public Works Director, the Public Works Superintendent, one Public Works Maintenance Worker, and the City Clerk. After completing the interviews, the top candidate was determined to be Michael Christofore. The Council has previously received Mr. Christofore’s application materials under separate cover. Council Action Staff recommends appointing Michael Christofore to the position of Public Works Maintenance Worker contingent upon satisfactory background and reference checks, and pre-employment physical. PUBLIC HEARING – 8A MEMORANDUM DATE: June 29, 2015 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Susan Iverson, Director of Finance and Administrative Services Pang Silseth, Accounting Clerk SUBJECT: Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Background: Delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated May 21, 2015, were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by June 19, 2015. Utility accounts with an unpaid delinquent balance after June 19, 2015, would be certified to Ramsey County to be added to property taxes payable in 2016. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. A list of remaining delinquent utility accounts, as of June 23, 2015, is attached. The City will request that Ramsey County levy the delinquent balances against the respective properties. Recommended Action: Motion to approve Resolution 2015-036 certifying the attached list of delinquent utility accounts to Ramsey County. Attachments Attachment A: Resolution No. 2015-036 Attachment B: List of Delinquent Utility Accounts CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2015-036 RESOLUTION ADOPTING AND CONFIRMING QUARTERLY SPECIAL ASSESSMENTS FOR DELINQUENT UTILITIES WHEREAS, the amount to be specially assessed for DELINQUENT UTILITIES has been duly calculated in accordance with the provisions of the Municipal Code and Minnesota Statues; and WHEREAS, notices have been duly mailed as required by law; and WHEREAS, said proposed assessments have at all times since their filling been open for public inspection, and an opportunity has been given to all interest parties to present objections if any, to the proposed assessments; and WHEREAS, there were no oral or written objections received. 1. The amounts so calculated and set forth in said notices are hereby levied against the respective parcels of land described therein, and 2. The proposed assessments are hereby adopted and confirmed as special assessments for each of said parcels of land and the assessments together with an additional penalty of eight percent (8%) of the original unpaid amount, inclusive of any previous delinquency penalty, shall be a lien concurrent with general taxes upon such parcel. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City Administrator be authorized and directed to transmit to the County Auditor a certified duplicate of the assessment roll to be extended upon the property tax lists of the County, and the County Auditor shall collect said special assessments with taxes levied in 2015, payable in 2016: ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 29th DAY OF JUNE, 2015. ____________________________________ ATTEST: David Grant, Mayor __________________________________________ Amy Dietl, City Clerk Property ID Account No. Prior Cert Customer Name Property Address Utility Arrears 8% Cert Fee Total Certified 163023340015 001285-000 X Wayne Erickson 4627 Highway 10 166.22 13.30 179.52 213023140006 001271-000 X Caren Cushing 4401 Old Highway 10 117.28 9.38 126.66 213023140007 001276-000 X Joan Carlson 4375 Old Highway 10 117.28 9.38 126.66 213023410051 001584-000 X Mary Fresonke 1681 Brueberry Lane 157.96 12.64 170.60 213023430008 001368-000 Paul Wallace 1779 Lake Valentine Road 146.62 11.73 158.35 223023110063 000572-000 X John Berg 4510 Pleasant Drive 239.66 19.17 258.83 223023110064 000561-000 Carmen Diestler 4500 Pleasant Drive 172.38 13.79 186.17 223023120013 000569-000 X Robert & Sherrie Besser 1307 Karth Lake Circle 308.95 24.72 333.67 223023210063 000443-000 Brian & Amy Sopcinski 1400 Arden View Drive 178.19 14.26 192.45 223023210117 005368-000 X John Herber 1450 Arden View Drive 158.43 12.67 171.10 223023220043 007633-000 KeSung & Sechany Anderson1521 Keithson Drive 169.75 13.58 183.33 223023230016 007235-000 X Karen J Braaten 1528 McClung Drive 230.05 18.40 248.45 223023240240 003444-000 X Joseph Ordos 4412 Arden View Court 162.73 13.02 175.75 223023240248 007082-000 X Shardae Okeleye 4416 Arden View Court 165.09 13.21 178.30 223023240270 003077-000 Connie Nelson 4451 Arden View Court 169.17 13.53 182.70 223023240278 000293-000 X Thomas Simon 4445 Arden View Court 285.69 22.86 308.55 223023240283 003898-000 X Mary Speggen 4463 Arden View Court 175.54 14.04 189.58 223023240326 000375-000 X Jane Larson 4370 Arden View Court 180.17 14.41 194.58 223023310019 000759-000 X Daniel Yaman 1423 Colleen Avenue 258.37 20.67 279.04 223023320035 000860-000 X Patrick & Bonnie Haik 1550 Briarknoll Circle 180.12 14.41 194.53 223023320070 002717-000 X Steve Mikkelsen 1478 Dawn Circle 143.78 11.50 155.28 223023330015 004713-000 X Dustin Foghe 4149 Norma Avenue 187.65 15.01 202.66 223023340011 000171-000 X Mike & Molley Redden 1365 Eide Circle 352.62 28.21 380.83 223023340036 000231-000 X Mary Beuning 4101 Hamline Avenue N 329.61 26.37 355.98 223023340047 000602-000 X Gregory Wagner 4101 Gale Circle 171.09 13.69 184.78 223023340051 000147-000 X William & Pam Ross 4123 Norma Circle 251.94 20.16 272.10 223023420032 000777-000 X Maxine & Karl Oelker 1286 Wyncrest Lane 245.50 19.64 265.14 273023340029 001477-000 X Margaret Brunner 1387 County Road E W 242.20 19.38 261.58 273023340040 001208-000 Kris & Stephanie Rydberg 1435 County Road E W 187.28 14.98 202.26 273023340044 007114-000 Dan Altstatt 3632 Pascal Avenue N 192.70 15.42 208.12 273023410020 009099-000 VRM Properties LLC 3757 Lexington Avenue N 482.90 38.63 521.53 273023430005 002787-000 Richard Routhe 1261 County Road E W 1,111.69 88.94 1,200.63 283023120048 001602-000 X Scott Heineman 1707 Valentine Avenue 177.78 14.22 192.00 283023120052 001575-000 X Gene Erickson 1761 Lake Valentine Road 190.52 15.24 205.76 283023240021 001082-000 X Richard & Sandra Malecha 1822 Venus Avenue 260.05 20.80 280.85 283023310016 002879-000 Jeff & Kathy Smith 3786 Brighton Way 245.93 19.67 265.60 283023320045 002830-000 X David Laurion LTD 3820 Cleveland Avenue N, Un 65.54 5.24 70.78 283023330011 007090-000 X Zdenek Kuhn 1971 Thom Drive 165.51 13.24 178.75 283023330012 003256-000 Joseph Cmiel 2023 Thom Drive 149.77 11.98 161.75 283023330013 001255-000 Joseph Mauricio 2027 Thom Drive 173.23 13.86 187.09 283023410038 001344-000 X Paul Markegard 3757 McCracken Lane 257.20 20.58 277.78 283023440022 001441-000 X Paul & Jennifer Harrington 1683 Chatham Avenue 348.45 27.88 376.33 333023110036 001551-000 X Dave Moberg 1611 Lake Johanna Boulevard 296.01 23.68 319.69 333023120003 001893-000 X Charles Mertensotto 3491 Lake Johanna Boulevard 347.00 27.76 374.76 333023130004 008212-000 Thomas Cuthbert 3449 Lake Johanna Boulevard 157.57 12.61 170.18 333023240019 008210-000 Sam Scott 1873 Grant Road 166.10 13.29 179.39 333023240027 002204-000 X Kimberly Berscheid 1840 Grant Road 202.24 16.18 218.42 333023240032 002096-000 X Courtney McCloskey 1876 Grant Road 212.50 17.00 229.50 333023240094 002105-000 X Gregory Weeks 1873 Stowe Avenue 179.30 14.34 193.64 CITY OF ARDEN HILLS UTILITY ACCOUNTS DELINQUENT SPECIAL ASSESSMENT RESOLUTION NO. 2015-036 JUNE 29, 2015 Property ID Account No. Prior Cert Customer Name Property Address Utility Arrears 8% Cert Fee Total Certified 333023240108 002512-000 X Paul Trites 1850 Indian Place 184.39 14.75 199.14 333023320003 002476-000 X Judie Prayfrock 1950 Stowe Avenue 254.22 20.34 274.56 333023320008 005251-000 X Todd McDonald 2000 Stowe Avenue 261.87 20.95 282.82 333023330032 006926-000 The GW Agency LTD 3182 Cleveland Avenue N 218.51 17.48 235.99 333023330032 006927-000 The GW Agency LTD 3180 Cleveland Avenue N 194.21 15.54 209.75 333023330034 002487-000 X Robert Morrissette 2028 Edgewater Avenue 182.30 14.58 196.88 333023340020 001884-000 X Michael Johnson 3223 Lake Johanna Boulevard 239.40 19.15 258.55 333023340066 001897-000 X Todd Rose 1921 Glenpaul Avenue 213.78 17.10 230.88 333023340099 002028-000 X Marc & Jenny Skowronek 1921 County Road D W 182.60 14.61 197.21 333023420038 001969-000 X Candace McCloskey 3290 Lake Johanna Boulevard 201.01 16.08 217.09 343023140062 002397-000 X Chad Eiswald 1150 Benton Way 208.65 16.69 225.34 343023210016 001920-000 X Sharon Davies 1437 Arden Place 183.89 14.71 198.60 343023210077 005889-000 X Gary Findell 1401 Skiles Lane 218.29 17.46 235.75 343023230017 002369-000 X Geraldine Hagen 1532 Arden Place 181.87 14.55 196.42 343023310015 002293-000 X Ellen Campbell 3354 Snelling Avenue N 147.65 11.81 159.46 343023310024 002699-000 Ruby Wallace 1366 Cummings Lane 131.03 10.48 141.51 343023310046 001898-000 X Joann Kulman 1468 Bussard Court 117.28 9.38 126.66 343023330050 001671-000 X Renae Peterschick 3130 Ridgewood Road 161.28 12.90 174.18 343023410018 009009-000 Anthony & Hallie Richter 1150 Ingerson Road 150.59 12.05 162.64 343023410055 001808-000 X Christopher & Ann Whiting 1171 Carlton Drive 393.76 31.50 425.26 343023420040 003660-000 X Bryan & Kristin Jones 1305 Tiller Lane 219.10 17.53 236.63 343023420053 002098-000 X David Neuberger 3330 Dunlap Street N 148.77 11.90 160.67 343023440077 002194-000 Todd & Jennifer Spalding 3205 Lexington Avenue N 173.11 13.85 186.96 15,800.87 1,264.07 17,064.94 UNFINISHED BUSINESS – 10A MEMORANDUM DATE: June 29, 2015 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Personnel Committee SUBJECT: Recommendation on Compensation and Benefits Changes Action Requested 1. Consider a motion to change both Christmas Eve and New Year’s Eve from a full one day holiday to one-half (1/2) day holiday in the p.m. and adding a floating holiday in exchange, effective ____________. 2. Consider a motion to change the PTO plan as presented for all new employees effective immediately, with current employees being grandfathered in under the previous plan. 3. Consider a motion to cap the City contribution to the HSA account for employees electing single coverage to $500 annually for new employees effective immediately, and current employees being capped at $1,650 annually effective January 1, 2016. 4. Consider a motion to approve all updated position descriptions. 5. Consider a motion to approve the new compensation plan with Option 1 effective July 1, 2015 as presented and Option 2 as anniversary dates occur from July 1 2015 to June 30, 2016. All employees will be hired in at the new plan effective immediately. Background and Discussion The Personnel Committee last met on June 17, 2015. After much debate and consideration on the Compensation and Benefit Study data, the elected officials on the committee have determined a recommendation on changes to the City’s Compensation Plan and Benefits as shown below effective July 1, 2015 or as otherwise noted in each section. This will be discussed in a worksession prior to Monday night’s Council meeting. Background materials are included in the worksession packet. The recommendations are as follows: Holidays Keep 12 Holidays but make 11 designated days and 1 floating day. This will change the work schedule to be a working day on the morning of both Christmas Eve and New Year’s Eve and the afternoon a holiday. (Not sure of the effective date on this) PTO Change plan for all future (new) employees and grandfather in current employees. Current PTO Plan The current plan: 0-5 years 22.75 days per year or 7 hours a pay period 6-10 years 29.25 days per year or 9 hours a pay period 10 years or more 32.50 days per year or 10 hours a pay period Personnel Committee Recommendation The plan would change as follows: 0-3 years 19.50 days per year or 6 hours a pay period 4-9 years 22.75 days per year or 7 hours a pay period 10-14 years 24.38 days per year or 7.5 hours a pay period 15-19 years 27.63 days per year or 8.5 hours a pay period 20 year or more 29.25 days per year or 9 hours a pay period No change in the carry over amount or pay out amount (max 240 hours) Heath Insurance No change in how increase in City contribution is calculated, but a change in the City contribution amount to the HSA plan when the cost of insurance is less than what the City contribution is. This will only impact employees that select single coverage at this time. The City contribution to the HSA is capped at $1,650 a year for current employees and $500 a year for (new) future employees. (Effective date for current employees is 1/1/2016 as 2015 was established last fall prior to open enrollment). Position Descriptions Have City Council approve all new/updated descriptions when they approve the entire Springsted Compensation Study/Report and the Personnel Committee recommendation on implementation. Wages Implement the new compensation plan effective July 1, 2015. Option 1 effective July 1, 2015 and moving Aaron Thelen on that date and eliminate the six month move that is scheduled 8/12/2015. Option 2 will be implemented as anniversary dates come up over the next year by first moving employees in the current scale and then placing them in the next highest step in the new scale. Option 3 recommendation for no action on this option. UNFINISHED BUSINESS – 10B MEMORANDUM DATE: June 29, 2015 TO: Honorable Mayor and City Council Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: Appointment of Deputy Clerk Background At the March 9, 2015, City Council Meeting, the City Council accepted the resignation of Sonja Klingberg, Office Support Specialist. This left a vacancy in the Administrative Services department and staff members have been doing what they can to help out for the time being as this position supported all departments. The Personnel Committee met on April 8, 2015, and discussed this position and recommended to the Council at its April 13, 2015, meeting to change the position title to Deputy Clerk to more accurately reflect the job duties and to help attract an applicant pool with the qualifications needed to assist with the duties of the City Clerk, HR, elections, licensing, and would continue to provide administrative services to all departments. An authorization to advertise and approval of the new job description was given at that meeting by the City Council. This revised position was incorporated into the Position Classification Study that Springsted has completed for the City. Discussion In total, the City received 71 applications for the Deputy Clerk position. The Director of Finance and Administrative Services, the City Clerk, and the Assistant City Administrator from the City of Mounds View interviewed ten of those applicants. The top candidate is Julie Hanson. Julie’s application was sent to the City Council under separate cover. Criminal background checks have been submitted and received from the Ramsey County Sheriff’s Office. Staff Recommendation 1. Staff recommends appointing Julie Hanson to the position of Deputy Clerk for the City of Arden Hills at Pay Grade 10, Step 4, contingent upon satisfactory reference checks.