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HomeMy WebLinkAbout09-28-15-RAPPROVAL OF AGENDA PUBLIC INQUIRIES/INFORMATIONAL Public inquiries/informational is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. PUBLIC PRESENTATIONS Mayoral Proclamation In Recognition Of Patrick Klaers, City Administrator Mayor Grant MEMO.PDF, ATTACHMENT A.PDF Mayoral Proclamation In Recognition Of Terry Maurer, Public Works Director/City Engineer Mayor Grant MEMO.PDF, ATTACHMENT A.PDF STAFF COMMENTS Rice Creek Commons (TCAAP) Update Jill Hutmacher, Community Development Director MEMO.PDF State Of The City Update Jill Hutmacher, Community Development Director MEMO.PDF Fall 2015 Community Cleanup Day Update Ryan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDF Transportation Update Terry Maurer, Public Works Director MEMO.PDF APPROVAL OF MINUTES Draft Minutes August 31, 2015 Regular City Council 08 -31 -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 -018 Site Plan Review - Schumacher Accessory Structure - 3180 Hamline Ave N Ryan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF, ATTACHMENT F.PDF, ATTACHMENT G.PDF Assignment Of Development Agreement - Arden Plaza LLC And Frattallone LLC Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF Assignment Of Development Agreement - Arden Plaza LLC And Hemisphere Restaurant Partners Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF MGA Access Patrick Klaers, City Administrator MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF Accept Parks, Trails And Recreation Committee Member Resignation Sara Grant, Recreation Coordinator MEMO.PDF Resolution Authorizing The Application For Recycling SCORE Grant Funds From Ramsey County Ryan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDF Approve Appointment Of Sue Iverson As Acting City Administrator Sue Iverson, Director of Finance and Administrative Services MEMO.PDF Approve Appointment Of John Anderson As Acting Public Works Director/City Engineer Sue Iverson, Director of Finance and Administrative Services MEMO.PDF 2016 -18 Agreement For Law Enforcement Services Patrick Klaers, City Administrator MEMO.PDF, ATTACHMENT A.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS NEW BUSINESS Set Preliminary Levy And Establish Truth -In -Taxation Public Hearing Date For Proposed Taxes Payable In 2016 Sue Iverson, Director of Finance and Administrative Services MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF UNFINISHED BUSINESS COUNCIL COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Robert Woodburn Regular City Council Agenda September 28, 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: 4. 4.A. Documents: 4.B. Documents: 4.C. Documents: 4.D. 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: 6.I. Documents: 6.J. Documents: 7. 8. 9. 9.A. Documents: 10. 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 PRESENTATIONSMayoral Proclamation In Recognition Of Patrick Klaers, City AdministratorMayor Grant MEMO.PDF, ATTACHMENT A.PDFMayoral Proclamation In Recognition Of Terry Maurer, Public Works Director/City EngineerMayor Grant MEMO.PDF, ATTACHMENT A.PDFSTAFF COMMENTSRice Creek Commons (TCAAP) UpdateJill Hutmacher, Community Development Director MEMO.PDF State Of The City Update Jill Hutmacher, Community Development Director MEMO.PDF Fall 2015 Community Cleanup Day Update Ryan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDF Transportation Update Terry Maurer, Public Works Director MEMO.PDF APPROVAL OF MINUTES Draft Minutes August 31, 2015 Regular City Council 08 -31 -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 -018 Site Plan Review - Schumacher Accessory Structure - 3180 Hamline Ave N Ryan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF, ATTACHMENT F.PDF, ATTACHMENT G.PDF Assignment Of Development Agreement - Arden Plaza LLC And Frattallone LLC Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF Assignment Of Development Agreement - Arden Plaza LLC And Hemisphere Restaurant Partners Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF MGA Access Patrick Klaers, City Administrator MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF Accept Parks, Trails And Recreation Committee Member Resignation Sara Grant, Recreation Coordinator MEMO.PDF Resolution Authorizing The Application For Recycling SCORE Grant Funds From Ramsey County Ryan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDF Approve Appointment Of Sue Iverson As Acting City Administrator Sue Iverson, Director of Finance and Administrative Services MEMO.PDF Approve Appointment Of John Anderson As Acting Public Works Director/City Engineer Sue Iverson, Director of Finance and Administrative Services MEMO.PDF 2016 -18 Agreement For Law Enforcement Services Patrick Klaers, City Administrator MEMO.PDF, ATTACHMENT A.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS NEW BUSINESS Set Preliminary Levy And Establish Truth -In -Taxation Public Hearing Date For Proposed Taxes Payable In 2016 Sue Iverson, Director of Finance and Administrative Services MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF UNFINISHED BUSINESS COUNCIL COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungRobert Woodburn Regular City Council AgendaSeptember 28, 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:4.4.A.Documents: 4.B. Documents: 4.C. Documents: 4.D. 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: 6.I. Documents: 6.J. Documents: 7. 8. 9. 9.A. Documents: 10. 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 PRESENTATIONSMayoral Proclamation In Recognition Of Patrick Klaers, City AdministratorMayor Grant MEMO.PDF, ATTACHMENT A.PDFMayoral Proclamation In Recognition Of Terry Maurer, Public Works Director/City EngineerMayor Grant MEMO.PDF, ATTACHMENT A.PDFSTAFF COMMENTSRice Creek Commons (TCAAP) UpdateJill Hutmacher, Community Development Director MEMO.PDFState Of The City UpdateJill Hutmacher, Community Development Director MEMO.PDFFall 2015 Community Cleanup Day UpdateRyan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDFTransportation UpdateTerry Maurer, Public Works Director MEMO.PDFAPPROVAL OF MINUTESDraft MinutesAugust 31, 2015 Regular City Council 08 -31 -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 Analyst MEMO.PDFPlanning Case 15 -018 Site Plan Review - Schumacher Accessory Structure - 3180 Hamline Ave NRyan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF, ATTACHMENT F.PDF, ATTACHMENT G.PDFAssignment Of Development Agreement - Arden Plaza LLC And Frattallone LLCMatthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDFAssignment Of Development Agreement - Arden Plaza LLC And Hemisphere Restaurant Partners Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF MGA Access Patrick Klaers, City Administrator MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF Accept Parks, Trails And Recreation Committee Member Resignation Sara Grant, Recreation Coordinator MEMO.PDF Resolution Authorizing The Application For Recycling SCORE Grant Funds From Ramsey County Ryan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDF Approve Appointment Of Sue Iverson As Acting City Administrator Sue Iverson, Director of Finance and Administrative Services MEMO.PDF Approve Appointment Of John Anderson As Acting Public Works Director/City Engineer Sue Iverson, Director of Finance and Administrative Services MEMO.PDF 2016 -18 Agreement For Law Enforcement Services Patrick Klaers, City Administrator MEMO.PDF, ATTACHMENT A.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS NEW BUSINESS Set Preliminary Levy And Establish Truth -In -Taxation Public Hearing Date For Proposed Taxes Payable In 2016 Sue Iverson, Director of Finance and Administrative Services MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF UNFINISHED BUSINESS COUNCIL COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungRobert Woodburn Regular City Council AgendaSeptember 28, 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:4.4.A.Documents:4.B.Documents:4.C.Documents:4.D.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: 6.I. Documents: 6.J. Documents: 7. 8. 9. 9.A. Documents: 10. 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 PRESENTATIONSMayoral Proclamation In Recognition Of Patrick Klaers, City AdministratorMayor Grant MEMO.PDF, ATTACHMENT A.PDFMayoral Proclamation In Recognition Of Terry Maurer, Public Works Director/City EngineerMayor Grant MEMO.PDF, ATTACHMENT A.PDFSTAFF COMMENTSRice Creek Commons (TCAAP) UpdateJill Hutmacher, Community Development Director MEMO.PDFState Of The City UpdateJill Hutmacher, Community Development Director MEMO.PDFFall 2015 Community Cleanup Day UpdateRyan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDFTransportation UpdateTerry Maurer, Public Works Director MEMO.PDFAPPROVAL OF MINUTESDraft MinutesAugust 31, 2015 Regular City Council 08 -31 -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 Analyst MEMO.PDFPlanning Case 15 -018 Site Plan Review - Schumacher Accessory Structure - 3180 Hamline Ave NRyan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF, ATTACHMENT F.PDF, ATTACHMENT G.PDFAssignment Of Development Agreement - Arden Plaza LLC And Frattallone LLCMatthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDFAssignment Of Development Agreement - Arden Plaza LLC And Hemisphere Restaurant PartnersMatthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDFMGA AccessPatrick Klaers, City Administrator MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDFAccept Parks, Trails And Recreation Committee Member ResignationSara Grant, Recreation Coordinator MEMO.PDFResolution Authorizing The Application For Recycling SCORE Grant Funds From Ramsey CountyRyan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDFApprove Appointment Of Sue Iverson As Acting City AdministratorSue Iverson, Director of Finance and Administrative Services MEMO.PDFApprove Appointment Of John Anderson As Acting Public Works Director/City EngineerSue Iverson, Director of Finance and Administrative Services MEMO.PDF2016-18 Agreement For Law Enforcement ServicesPatrick Klaers, City Administrator MEMO.PDF, ATTACHMENT A.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 HEARINGSNEW BUSINESSSet Preliminary Levy And Establish Truth -In -Taxation Public Hearing Date For Proposed Taxes Payable In 2016Sue Iverson, Director of Finance and Administrative Services MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF UNFINISHED BUSINESS COUNCIL COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungRobert Woodburn Regular City Council AgendaSeptember 28, 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:4.4.A.Documents:4.B.Documents:4.C.Documents:4.D.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:6.I.Documents:6.J.Documents:7.8.9.9.A. Documents: 10. 11. Page 1 of 1 DATE: September 28, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Mayor Grant SUBJECT: Proclamation in Recognition of Patrick Klaers, City Administrator Background/Discussion Attached for your review is a Proclamation in recognition of Patrick Klaers, City Administrator. Attachment Attachment A: Proclamation for Patrick Klaers, City Administrator PUBLIC PRESENTATION – 3A MEMORANDUM CI T Y O F A R D E N H I L L S CO U N T Y O F R A M S E Y ST A T E O F M I N N E S O T A PR O C L A M A T I O N WH E R E A S , P a t r i c k K l a e r s h a s f a i t h f u l l y a n d d i l i g e n t l y s e r v e d t h e Ci t y o f A r d e n H i l l s a s t h e C i t y A d m i n i s t r a t o r ; a n d WH E R E A S , Pa t r i c k K l a e r s h a s b e e n v e r y r e s p o n s i b l e a n d r e s p o n s iv e t o t h e n e e d s o f c i t i z e n s a n d b u s i n e s s c o m m u n i t y ; an d WH E R E A S , Pa t r i c k K l a e r s , d u r i n g h i s y e a r s w i t h t h e C i t y , s e r v e d w i t h p r o f e s s i o n a l i s m , d e d i c a t i o n , a n d a c o m m i t m e n t t o im p r o v i n g t h e C i t y o f A r d e n H i l l s ; a n d N O W T H E R E F O R E , B E I T P R O C L A I M E D T H I S 2 8 TH D A Y O F S E P T E M B E R , 2 0 1 5 , by t h e C i t y C o u n c i l o f A r d e n Hi l l s , M i n n e s o t a : Th a t t h e A r d e n H i l l s C i t y C o u n c i l , o n b e h a l f o f r e s i d e n t s , a n d st a f f , e x p r e s s t h e i r s i n c e r e g r a t i t u d e a n d a p p r e c i a t i o n f o r y o u r se r v i c e t o t h e c o m m u n i t y . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Da v i d G r a n t , M a y o r B r e n d a H o l d e n , Co u n c i l m e m b e r D a v e M c C l u n g , C o u n c i l m e m b e r __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Fr a n H o l m e s , C o u n c i l m e m b e r R o b e r t W o o d b u r n , C o u n c i l m e m b e r Page 1 of 1 DATE: September 28, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Mayor Grant SUBJECT: Proclamation in Recognition of Terry Maurer, Public Works Director/City Engineer Background/Discussion Attached for your review is a Proclamation in recognition of Terry Maurer, Public Works Director/City Engineer Attachment Attachment A: Proclamation for Terry Maurer, Public Works Director/City Engineer PUBLIC PRESENTATION – 3B MEMORANDUM CI T Y O F A R D E N H I L L S CO U N T Y O F R A M S E Y ST A T E O F M I N N E S O T A PR O C L A M A T I O N WH E R E A S , T e r r y M a u r e r h a s f a i t h f u l l y a n d d i l i g e n t l y s e r v e d t h e C it y o f A r d e n H i l l s a s t h e P u b l i c W o r k s D i r e c t o r / C i t y En g i n e e r ; a n d WH E R E A S , Te r r y M a u r e r h a s b e e n v e r y r e s p o n s i b l e a n d r e s p o n s i v e t o t h e n e e d s o f c i t i z e n s a n d b u s i n e s s c o m m u n i t y ; a n d WH E R E A S , Te r r y M a u r e r , d u r i n g h i s y e a r s w i t h t h e C i t y , s e r v e d wi t h p r o f e s s i o n a l i s m , d e d i c a t i o n , a n d a c o m m i t m e n t t o im p r o v i n g t h e C i t y o f A r d e n H i l l s ; a n d N O W T H E R E F O R E , B E I T P R O C L A I M E D T H I S 2 8 TH D A Y O F S E P T E M B E R , 2 0 1 5 , by t h e C i t y C o u n c i l o f A r d e n Hi l l s , M i n n e s o t a : Th a t t h e A r d e n H i l l s C i t y C o u n c i l , o n b e h a l f o f r e s i d e n t s , a n d st a f f , e x p r e s s t h e i r s i n c e r e g r a t i t u d e a n d a p p r e c i a t i o n f o r y o u r se r v i c e t o t h e c o m m u n i t y . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Da v i d G r a n t , M a y o r B r e n d a H o l d e n , Co u n c i l m e m b e r D a v e M c C l u n g , C o u n c i l m e m b e r __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Fr a n H o l m e s , C o u n c i l m e m b e r R o b e r t W o o d b u r n , C o u n c i l m e m b e r Page 1 of 1 DATE: September 28, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Jill Hutmacher, Community Development Director SUBJECT: Rice Creek Commons (TCAAP) Update The Metropolitan Council has notified the City that its application for the TCAAP Comprehensive Plan Amendment (CPA) is complete. The TCAAP CPA will be reviewed by the Community Development Committee on October 19, 2015 and considered for approval by t he Metropolitan Council on October 28, 2015. The 60-day review period for the Metropolitan Council expires on November 1, 2015. STAFF COMMENTS – 4A MEMORANDUM Page 1 of 1 DATE: September 28, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Jill Hutmacher, Community Development Director SUBJECT: State of the City Update Two State of the City events will be held this year:  Tuesday, September 29, 6:30 to 8:00 pm at City Hall, and  Thursday, October 1, 7:30 to 9:00 am at Flaherty’s Arden Bowl. Councilmembers will give presentations covering Rice Creek Commons/TCAAP, development projects, transportation improvements, and more. Arden Hills businesses and residents are encouraged to attend one of the events (the presentations will be the same at both events.) STAFF COMMENTS – 4B MEMORANDUM STAFF COMMENTS – 4C Page 1 of 1 Requested Action None. Background The Fall Cleanup Day event is scheduled for Saturday, October 3, from 7 A.M. to 12 Noon. It will be held at the Ramsey County Public Works Facility at 1425 Paul Kirkwold Drive. The event is co-sponsored by the Cities of Arden Hills and Shoreview and open to residents of both cities. Residents that participate in the event will pay a nominal fee based on the vehicle type and load they bring to the event. Cars loads will be charged $10; trucks, sport 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 an additional charge. 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 Cleanup Day event. Notice of the Fall Cleanup Day was included in August/September issue of the Arden Hills Notes, advertised on the City’s website, placed on the CTV Bulletin Board, and a flyer was mailed to all City residents. Attachments A) Fall 2015 Cleanup Day Flyer MEMORANDUM DATE: September 28, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Ryan Streff, City Planner SUBECT: Fall 2015 Community Cleanup Day Update FALL CLEANUP DAY Saturday, October 3, 2015 7 A.M. – Noon 1425 Paul Kirkwold Drive (Hamline Avenue and Highway 96) Charges by vehicle type/loads • Car $10 • All Others $25 • Trailers $35 Oversize loads (over 8’x10’) will be subject to extra charges Items Accepted • Construction debris • BBQ Grills • Tires • Exercise Equipment • Generators • Lawn Mowers • Mattresses/Box Springs • Snow Blowers • Furniture • Vacuum Cleaners • Televisions • Computers • Water Softeners • Keyboards • Appliances • Landscape timbers • Printers Not Accepted • Brush/Yard Waste • No oversize items such as hot tubs, boats, sheds, railroad ties No donations will be accepted Call for pick-up options: Disabled American Veterans – 651.487.2002 Epilepsy Foundation of Minnesota – 651.287.2300 Lupus Foundation of Minnesota – 651.748.0400 Salvation Army – 651.789.0099 Vietnam Veterans of America – 651.778.8387 TwinCitiesFreeMarket.org – Local non-profit network to give and get free stuff If you have items in good condition that you no longer use, nearby drop-off locations include: Goodwill 1627 W. County Road B, Roseville – 651.634.3609 2500 Cleveland Ave. N., Roseville – 651.633.6228 2580 White Bear Ave., Maplewood – 651.770.2401 www.goodwilleasterseals.org Bridging, Inc. 1633 Terrace Dr., Roseville – 651.631.3255 www.bridging.org Electronic Recycling Unwanted electronics will be accepted for recycling, including computers, printers, keyboards and televisions – however, you don’t have to wait till Spring Cleanup Day! Many options are available for convenient year-round collection of these items. Please visit RamseyAtoZ.com or call the Recycling and Disposal Hotline at 651.633.EASY (3279), answered 24/7, for more details. Household Hazardous Waste If you are only bringing household hazardous waste items – for example, a couple of old paint cans – you can avoid long wait times at Cleanup Day. Just visit RamseyAtoZ.com or call 651.633.EASY (3279), answered 24/7, to learn options for other drop-off dates and locations. ACCEPTED ITEMS • Home Improvement Items Paint/thinners/solvents/adhesives/driveway sealant/wood preservatives/stains/aerosol cans/lead/paint chips • Automotive Products Used oil and filters/brake fluid/gasoline/antifreeze/auto batteries • Lawn and Garden Chemicals Weed killer/insecticides/pesticides • Items with Mercury Thermometers/fluorescent lights/switches/thermostats/vapor lamps • Cleaning Products Drain openers/oven cleaners/bathroom cleaners/rust removers • Recreational Products Rechargeable batteries/ button batteries/ propane tanks/ pool chemicals/ gas cylinders Open to Shoreview and Arden Hills residents only. Must present a resident ID. Please remember: Cash or check only. The gate will be closed at noon. Yard waste and donations will not be accepted during the Cleanup Day. More information: 651.490.4665 www.shoreviewmn.gov Page 1 of 1 DATE: September 28, 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 – 4D MEMORANDUM Approved: CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING AUGUST 31, 2015 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung, and Robert Woodburn Absent: None Also present: City Administrator Patrick Klaers; Director of Finance and Administrative Services Sue Iverson; Public Works Director Terry Maurer; 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 Item 10A be added to the agenda to allow for a discussion on State Fair parking. 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 Richard Wenzel, 1931 Nobel Road, discussed the road construction issues that have occurred on his property. He reported that the contractor has broken his invisible fencing eight times now and that the County Sheriff has gotten involved. He expressed concern with the landscaping contractor that was selected for the project. He reported that his mailbox has been damaged and the bituminous base in front of his home was cracked. He stated that he has not received the proper value for the assessment he was charged by the City of Arden Hills. He explained that he took great pride in his property and he believed that the contractors have done a lousy job. ARDEN HILLS CITY COUNCIL – AUGUST 31, 2015 2 Mayor Grant encouraged Mr. Wenzel to speak with Public Works Director Maurer. Public Works Director Maurer reported that he has visited with Mr. Wenzel and noted that the final lift would not be put in place until the bituminous area was cut out and properly repaired. He indicated that he was aware of Mr. Wenzel’s other concerns and would be more than willing to meet with him again to address these matters. Mr. Wenzel expressed extreme frustration that the City has not addressed his concerns to-date and how the contractors have destroyed his yard. Mayor Grant commented that the Council would not be able to resolve the issues tonight, but noted that staff would address Mr. Wenzel’s concerns in the near future. 3. STAFF COMMENTS A. Rice Creek Commons (TCAAP) Update Community Development Director Hutmacher stated that the affected jurisdiction review period for the Comprehensive Plan Amendment expires on September 1st. The City has received comments from all adjacent municipalities except for Shoreview and New Brighton. She reported that all comments received will be sent to the Metropolitan Council on Wednesday. B. Transportation Update Public Works Director Maurer reported that the existing bridge has been removed at the I-35W/Highway 96 interchange. He indicated that traffic has been moved over to the new bridge and that the northern ramps are now open. He anticipated that the entire project would be completed sometime in late November of 2015. Public Works Director Maurer stated that the County Road E bridge remains open but unfinished as the signals have not been turned on yet. Public Works Director Maurer commented that the County Road E improvements were nearing completion. The corner near Super America was being sodded. The only item that remains is the mill and overlay, which will be done overnight to minimize the impact on local businesses. Public Works Director Maurer explained that the County Road F project has begun and bridge abutments and pier would be in place soon. Public Works Director Maurer provided an update on the City’s PMP project. He indicated that the Venus neighborhood had curb and gutter poured last week. In addition, the driveways have also been worked on. He stated that all City water connections have been made but several water services are still in need of replacement. He discussed the final phases of the project and noted that Assistant City Engineer John Anderson would be attending the Venus neighborhood picnic on September 7th to answer resident questions. ARDEN HILLS CITY COUNCIL – AUGUST 31, 2015 3 4. APPROVAL OF MINUTES A. May 26, 2015, Special City Council Work Session B. August 10, 2015, Regular City Council Councilmember Woodburn asked if the City always completed minutes for special City Council work sessions. City Administrator Klaers commented that the City does complete meeting minutes for each special City Council meeting and work session. He noted that all minutes were posted on the City’s website after approval. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the May 26, 2015, special City Council work session minutes, and August 10, 2015, regular City Council meeting 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 Planning Case 15-002 – Final Plat – Arden Plaza C. Motion to Approve Planning Case 15-017 – Site Plan Review – Boston Scientific – 4100 Hamline Avenue North D. Motion to Approve Cooperative Agreement for Highway 96/I-35W Interchange E. Motion to Approve Farnsworth Encroachment Agreement MOTION: Councilmember McClung moved and Councilmember Holmes 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). 6. PULLED CONSENT ITEMS None. 7. PUBLIC HEARINGS None. 8. NEW BUSINESS A. Night Work Construction Activity Waiver – County Road E Improvements Public Works Director Maurer stated that City Ordinance allows for construction work to be completed between 7:00 a.m. and 9:00 p.m. All other work conducted after these hours would require a waiver from the City. He explained that Park Construction, the general contractor for the County Road E improvements was requesting a waiver to complete the mill and overlay of ARDEN HILLS CITY COUNCIL – AUGUST 31, 2015 4 County Road E in the overnight hours. Staff recommended approval of the night work construction activity waiver. Councilmember Holmes asked if the construction work would increase costs for the project. Public Works Director Maurer reported that there would be no additional cost to the City but would offer the contractor additional hours of work with minimal traffic on County Road E. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to Approve the Night Time Construction Activity Waiver for the County Road E mill and overlay portion of the project between Tuesday, September 1 and Friday, September 4, 2015. The motion carried (5-0). B. Planning Case 15-016 – Final PUD Phase III – Arden Plaza – 3527-3557 Lexington Avenue North Associate Planner Bachler stated that the City approved a Master PUD for the Arden Plaza retail center at County Road E and Lexington Avenue in 2009 (Planning Case 09-011). The approved plans included the demolition of an existing office building and the phased redevelopment of the site to be completed in three stages. A total of 97,035 square feet of retail and commercial building space was approved at the time. For each successive phase of the redevelopment, a Final PUD plan is required to verify general conformance with the Master PUD and to provide more detailed development plans for the phase to be implemented. Associate Planner Bachler explained that the Master PUD was amended in 2011, to include a revised subdivision plan and updated development plans for the existing Walgreens Pharmacy (Planning Case 11-016). Phase I of the Master PUD was completed in 2012, and included the construction of the Walgreens building, modifications to parking and circulation within the retail center, and the construction of stormwater basins required for the proposed build-out of the site. Associate Planner Bachler indicated that the City approved a second amendment to the Master PUD and a Preliminary Plat in March 2015, for the subdivision of Lot 3, where the existing retail center is located, into three smaller lots (Planning Case 15-002). Planning Case 15-002 also included modifications to the retail center parking lot and an increase in the Phase III building footprint. The new plat is titled Arden Plaza 2nd Addition, and Lot 1 within the plat is proposed for the Tavern Grill development. Associate Planner Bachler commented that the Master PUD specifically identifies the Lexington Avenue site where the Tavern Grill development is proposed as Phase III. He noted that Phase II of the Master PUD has not yet been completed. Phase II will include the development of the parcel on County Road E adjacent to the Walgreens pharmacy for a 6,000 square foot user. Arden Plaza, LLC continues to market this site to potential buyers and tenants. Associate Planner Bachler reported that Hemisphere Restaurant Partners has requested a Final PUD for Phase III of the Arden Plaza Master PUD to develop Lot 1, Arden Plaza 2nd Addition for a sit-down restaurant called the Tavern Grill Restaurant and Bar. The Master PUD Site Plan shows Phase III being developed as a 20,136 square foot retail building. The proposal by ARDEN HILLS CITY COUNCIL – AUGUST 31, 2015 5 Hemisphere Restaurant Partners would result in an overall lower density development on the site than what was originally approved for Phase III. The development plans are in substantial conformance with the Master PUD plans. Associate Planner Bachler stated that Hemisphere currently operates three Tavern Grills in the Twin Cities metro, with locations in Edina, Woodbury, and Blaine. The proposed Tavern Grill in Arden Hills would be similar to these other restaurants and would provide a relaxed, up-scale atmosphere. The development would include the restaurant building, which would have a footprint of 9,500 square feet, and an attached 3,050 square foot outdoor patio area for seasonal seating. Associate Planner Bachler noted that the proposed site design orients the front of the restaurant towards the other buildings within the Arden Plaza retail center. The main entrance would be located at the southwest corner of the building and feature a prominent tower comprised primarily of transparent glass. The exterior materials on the building would include stucco, stone, and wood, and each façade would have at least 20 percent transparent window coverage. A variety of shade and ornamental trees, shrubs, and perennial plantings would be focused around the perimeter of the building and patio area and would also provide screening of trash collection and utility areas. Safe pedestrian connections will be created with sidewalks that connect to the public sidewalk on Lexington Avenue and the internal sidewalks within the retail center. Associate Planner Bachler reviewed the Plan Evaluation, along with the expected traffic impacts of the development. Associate Planner Bachler explained that the Planning Commission reviewed Planning Case 15- 016 at their regular meeting on August 5, 2015. The Planning Commission offers the following findings of fact for consideration: 1. Hemisphere Restaurant Partners has requested approval of a Final PUD for Phase III of the Arden Plaza Master PUD on Lot 1, Arden Plaza 2nd Addition. 2. The original Master PUD for the development was approved in Planning Case #09-011. Subsequent PUD Amendments were approved in Planning Case #11-016 and Planning Case #15-002. 3. A Preliminary Plat for Arden Plaza 2nd Addition was approved in Planning Case #15-002. Final Plat approval was conditioned on building improvements currently under construction by Arden Plaza, LLC. 4. The applicant has proposed a 9,500 square foot restaurant building with an attached 3,050 square foot outdoor patio area. 5. The development proposal is in substantial conformance with the approved Arden Plaza Master PUD and the site improvement requirements contained therein. 6. The Arden Plaza retail center and Phase III development site are located in the B-2 General Business District. 7. The City has adopted the Guiding Plan for the B-2 District that outlines future development principals for the area. 8. The City has adopted Design Standards for the B-2 District within the Zoning Code. 9. The Final PUD for Phase III is in substantial conformance with the requirements of the City’s Zoning Code. ARDEN HILLS CITY COUNCIL – AUGUST 31, 2015 6 10. The Final PUD for Phase III is in substantial conformance with the Guiding Plan for the B- 2 District. 11. The Final PUD for Phase III is in conformance with the requirements of the City’s Sign Code. 12. The Final PUD for Phase III is in conformance with the City’s Comprehensive Plan. 13. The PUD process allows for flexibility within the City’s regulations through a negotiated process with a developer. 14. Where the plan is not in conformance with the City’s Zoning Code, flexibility has been requested by the applicant and/or conditions have been placed on an approval that would mitigate the nonconformity. 15. Flexibility is needed from the standards in the City’s Zoning Code in terms of the proposed exterior building materials, building design, and parking requirements. 16. The proposal exceeds the standards in the City’s Zoning Code in terms of perennial plantings and window transparency coverage. 17. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Associate Planner Bachler stated that the Planning Commission reviewed this request and unanimously (5-0) recommends approval of Planning Case 15-016 for a Final PUD for Phase III of the Arden Plaza Master PUD at 3527-3557 Lexington Avenue North, based on the findings of fact and the submitted plans in the August 31, 2015, Report to the City Council, as amended by the following sixteen (16) conditions: 1. The Developer shall continue to abide by the conditions of all previous Master PUD Agreements, permits, and reviews, except as hereinafter amended. 2. 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 the City Council. 3. The Developer shall obtain a building permit within one year of the Final PUD approval 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. 4. A Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The agreement shall be executed prior to the issuance of any development permits. 5. Prior to the issuance of a building permit, the Arden Plaza 2nd Addition Final Plat shall be recorded with Ramsey County. 6. Prior to the issuance of a building permit, a copy of any necessary supplemental declaration between Hemisphere Restaurant Partners and Arden Plaza, LLC addressing site operation issues, such as driveway maintenance, shared parking, and drainage, shall be provided to the City. 7. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of any development permits. 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 ARDEN HILLS CITY COUNCIL – AUGUST 31, 2015 7 City. The purpose of the letter of credit is to ensure that site improvements are completed in the event that the developer defaults on the Development Agreement. 8. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of any development permits. The escrow will be used for City costs related to review, approval, and inspection of site improvements or any costs incurred by the City in the event of a developer default. 9. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of any development permits. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank. The purpose of the letter of credit is to ensure that landscaping is completed in the event that the developer defaults on the Development Agreement. The City will hold the letter of credit for two years after the installation of landscaping. The letter of credit should not expire during the two-year period. 10. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of landscaping prior to the issuance of any development permits. 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. 11. Final construction plans shall be subject to approval by the Building Official and Fire Marshall prior to the issuance of a building permit. 12. The Developer shall provide the City with a copy of the Rice Creek Watershed District permit for the project prior to the issuance of any development permits. 13. Final grading, drainage, utility, and site plans shall be subject to approval by the City Engineer and City Planner prior to the issuance of a Grading and Erosion Control Permit or other development permits. 14. The Developer shall obtain a right-of-way permit from Ramsey County for the sidewalk construction along Lexington Avenue. 15. Prior the issuance of a Certificate of Occupancy for the Phase III building, the six -foot wide concrete sidewalk along Lexington Avenue shall be constructed in its entirety as shown on the PUD Master Site Plan. 16. All mechanical equipment, whether ground-mounted or roof-mounted, shall be screened from ground-level view of public streets. Wood screening shall not be permitted. Councilmember Holden asked if the arborvitae were included in the landscaping plan. Associate Planner Bachler commented that the applicant had provided an additional 13 arborvitae on the Landscape Plan after the Planning Commission meeting. He indicated where the arborvitae would be planted on the site. Councilmember Woodburn questioned where the HVAC unit would be located. Associate Planner Bachler stated that the applicant was still determining the best location for an HVAC unit. He noted that this equipment would be required to be screened from ground-level view of public streets. Mayor Grant inquired how many handicap parking spaces would be striped outside the restaurant. ARDEN HILLS CITY COUNCIL – AUGUST 31, 2015 8 Associate Planner Bachler commented that three handicap stalls would be provided on the Tavern Grill lot. Mayor Grant asked if three handicap spaces would adequately serve the proposed restaurant. Associate Planner Bachler deferred this question to the applicant. Paul Schroeder, Westwood Engineering, reported that one handicap parking stall was required per 25 parking spaces. He noted that the estimated parking need for the restaurant was 60 stalls, which led him to include three handicap parking stalls for the proposed restaurant parking lot. He understood that this site was a shopping center and other additional handicap parking stalls were available. He provided further comment on State handicap parking requirements. Mayor Grant asked if the building would have stucco or EIFS. Mary Hustead, project architect, explained that the building would have a textured stucco finish. MOTION: Councilmember McClung moved and Councilmember Woodburn seconded a motion to Approve Planning Case 15-016 for a Final Planned Unit Development (PUD) for Phase III of the Arden Plaza Master PUD at 3527- 3557 Lexington Avenue North, based on the findings of fact and submitted plans, as amended by the sixteen (16) conditions in the August 31, 2015, Report to the City Council. Councilmember Holden asked if the phases could be discussed by the Council, or only the PUD. She was in favor of additional handicap parking near the new median and trees. City Attorney Jamnik advised that the Council could require additional parking within the PUD. Councilmember Holden inquired if the existing storm water pond would remain in place. Public Works Director Maurer reported that staff met with Rice Creek Watershed and the pond would remain in place. Rice Creek approved the current condition of the pond with its natural vegetative borders. AMENDMENT: Mayor Grant moved and Councilmember Holden seconded a motion to require the applicant to provide four (4) additional handicap parking stalls. Mr. Schroeder believed that he could fit these additional parking stalls on the site, so long as they did not have to be directly in front of the restaurant. Mayor Grant supported this comment. The amendment carried (5-0). The amended motion carried (5-0). ARDEN HILLS CITY COUNCIL – AUGUST 31, 2015 9 C. Regulation of Cellular Antennas Associate Planner Bachler stated that staff recently provided the City Council with a memo written by the City Attorney, Joel Jamnik, addressing the regulation of cellular antennas in the Zoning Code. The memo was provided in response to questions received from Councilmember Woodburn regarding the classification of cellular antennas as an accessory use. The City Attorney has provided suggested revisions to the Zoning Code to help clarify this issue. Associate Planner Bachler explained that at the City Council work session on August 17, 2015, Councilmember Holmes requested that this item be discussed by the City Council at a future meeting. If the City Council believes additional clarification is needed in the Zoning Code, staff is requesting that this direction be provided. Staff will then work with the Planning Commission on drafting an Ordinance to make any necessary revisions. Councilmember Woodburn questioned how this item would proceed. Associate Planner Bachler reported that staff was seeking comments from the City Council on what areas of the Code were in need of revision. Staff would then discuss the matter with the Planning Commission and make necessary revisions to the Zoning Code. Councilmember Woodburn provided the Council and staff with a handout addressing his concerns. He then discussed the handout in detail and addressed his concerns with regard to the regulation of cellular antennas. He believed there were contradictions in the definitions and requested clarification from staff regarding his concerns. Councilmember Holmes discussed the difference between principal, accessory and secondary uses. Councilmember Holden asked if the proposed changes made by the City Attorney addressed Councilmember Woodburn’s concerns. Councilmember Woodburn reported that there were still contradictory definitions within the Code that concerned him. Mayor Grant requested that the City Attorney provide a brief summary on his memo to the City Council. City Attorney Jamnik commented that the revisions the City made to its antenna regulations in 2009 are consistent with neighboring communities. He advised that the City would like to see antennas co-located on existing high structures, water towers and the like, and in order to facilitate this, antennas were allowed as accessory uses when attached to existing buildings. He explained that this was a rational and logical approach that was taken by many cities. However, he understood that the definition of accessory use may need to be revised within the code. He provided comment on the antenna array that was recently approved for Verizon Wireless at Bethel University’s facility at 2 Pine Tree Drive. ARDEN HILLS CITY COUNCIL – AUGUST 31, 2015 10 Mayor Grant suggested that discussion by the Council be limited to the City Attorney’s recommendation. Councilmember Woodburn did not believe City Code should have dissonant matters and for that reason recommended that the definitions be further clarified. It was his opinion that the current code language was extremely confusing when defining accessory and secondary uses. City Attorney Jamnik advised that some of the definitions within the Code were fairly broad. He explained that he could further wordsmith the Code. Councilmember McClung inquired if the City Attorney believed his proposed changes provided sufficient clarity for the regulation of cellular antennas. City Attorney Jamnik believed this to be the case, but stated that he would be more than happy to address the dissonant matters brought up by Councilmember Woodburn. Mayor Grant was not in favor of unwrapping the entire City Code and its current definitions. For that reason, he supported staff’s recommendation. Councilmember McClung supported the City Attorney’s code amendments as well. Councilmember Woodburn deferred this issue to the remaining City Council. Councilmember Holden supported the City Attorney and his recommendation. MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to support the recommendations of the City Attorney regarding the regulation of cellular antennas. Councilmember Woodburn questioned the approval process for the revision of the cellular antenna regulations in the Zoning Code. Associate Planner Bachler reviewed the Zoning Code amendment process with the Council. He commented that the Planning Commission would hold a public hearing and make a recommendation to the City Council on this matter. Councilmember Woodburn did not believe that the proposed revisions were technical enough to require a hearing in October. City Attorney Jamnik suggested a hearing be held in November after additional review by staff. The motion carried (5-0). 9. UNFINISHED BUSINESS None. ARDEN HILLS CITY COUNCIL – AUGUST 31, 2015 11 10. COUNCIL COMMENTS A. State Fair Parking Mayor Grant stated that he received a complaint regarding a cul-de-sac and State Fair parking. Public Works Director Maurer reviewed the City’s parking requirements with regard to cul-de- sac. He discussed how the City has signed its streets to allow for the proper delivery of mail. He stated that those taking the State Fair shuttle were allowed to park on City streets, so long as these vehicles were not blocking intersections, driveways or mailboxes. Councilmember Woodburn expressed concern with the numerous cars parked in the City at the State Fair shuttle areas. He believed the park n’ ride areas were insufficient for the number of cars taking advantage of this service. Councilmember Holden commented that this year parking has become a major concern as cars were parking adjacent to posted “No Parking” signs. She recommended that the cars be towed and/or ticketed to ensure that Arden Hills’ homeowners are able to get out of their driveways. Mayor Grant believed that the Council may need to be more proactive regarding State Fair parking to ensure that residents understand the City’s parking plan. Public Works Director Maurer understood that parking was a concern this year. He stated that the park n’ ride lots may not be appropriately sized for the State Fair. He explained that the Public Works Department posted temporary “No Parking” signs this year to address this concern. He reported that the signs were reviewed and approved by the Sheriff’s Department. Mayor Grant questioned if vehicles could be towed. Public Works Director Maurer was uncertain and stated that this question could be addressed with the Sheriff’s Department. Mayor Grant discussed the parking situation further and understood that personal signs could not be enforced by the Sheriff’s Department. Mayor Grant asked if a fire truck could pass through Prior Avenue. Public Works Director Maurer believed that a fire truck could pass, but noted that this roadway could be posted “No Parking” on one side. Councilmember Holden expressed concern with the expense the City has incurred to post “No Parking” signs. Public Works Director Maurer commented that the temporary signs were being made at City Hall and being posted by staff. ARDEN HILLS CITY COUNCIL – AUGUST 31, 2015 12 Councilmember Holmes stated that on August 18th she attended the Open House for Preferred Insurance Services, which was a new business in the City of Arden Hills. She stated that she ran into Craig Wilson, the City’s cable representative, and he was interested in attending the State of the City meeting. Mayor Grant supported Mr. Wilson attending and speaking for three to five minutes. Councilmember Holmes appreciated the financial report that was included in the recent Arden Hills’ Notes. Councilmember Holden asked if the State of the City would be cablecast and replayed on the City website. Community Development Director Hutmacher reported that the meeting held at City Hall would be recorded by CTV. Councilmember Holden was interested in looking into regulating the length of time a homeowner could place items in their yard with a “Free” sign. Community Development Director Hutmacher stated that the City did not actively patrol this matter, but rather this issue was handled on a complaint basis. The City’s existing ordinance prohibits accumulation of rubbish and debris, and staff would work with owners to bring properties into compliance. Councilmember McClung was pleased that the Tavern Grill would be locating in the City of Arden Hills. Mayor Grant agreed stating that this would be a nice addition to the City. ADJOURN MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to adjourn. The motion carried unanimously (5-0). Mayor Grant adjourned the regular City Council meeting at 9:03 p.m. __________________________ __________________________ Amy Dietl David Grant City Clerk Mayor Page 1 of 1 DATE: September 28, 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 #20 .................................................................................... $ 81,065.13 Total Payroll $ 81,065.13 Accounts Payable Claims Through 09/25/2015 Paid Claims (Check No 0 Dept of Rev Sales Tax) ................................ $ 110.00 Paid Claims (Check No 45076-Check No 45095) ................................. $ 1,284,028.03 Paid Claims (Check No 45096-Check No 45097) ................................. $ 159,429.87 Total Accounts Payable $ 1,443,567.90 Total Claims $ 1,524,633.03 CONSENT ITEM - 6A MEMORANDUM CITY OF ARDEN HILLS PAYROLL # 20 CHECKS DATED: 09/25/15 Biweekly: 09/05/15 - 09/18/15 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 7,042.93 EFT SIT 2,761.65 EFT FICA Oasdi 4,148.36 EFT FICA Medicare 970.15 EFT TOTAL TAXES 14,923.09 Health Premium 2,267.17 A/P Check* Dental Premium A/P Check* FSA Health Care Reimb. 208.33 A/P Check* FSA Dependent Care Reimb. 370.83 A/P Check* TOTAL FLEXIBLE SPENDING 2,846.33 HSA Health Saving 622.49 Health Care Savings Plan EFT Health Care Savings Plan-2% 264.18 EFT Health Care Savings Plan-4% 166.28 EFT TOTAL HEALTH SAVINGS 1,052.95 PERA 4,280.47 EFT ICMA 2,324.59 EFT Central Pension Fund-Union 614.40 A/P Check* MN State Retirement System 458.77 EFT TOTAL RETIREMENT 7,678.23 IUOE 49 Dues (Union) 134.00 A/P Check* LTD/STD Insurance -28.60 A/P Check* PERA Life Insurance 32.00 A/P Check* CITY BENEFIT 4,148.36 970.15 5,118.51 0.00 0.00 0.00 0.00 0.00 4,938.97 358.14 5,297.11 PERA Life Insurance 32.00 A/P Check Life/Addl/Dep Life 116.75 A/P Check* Public Employee Long Term Care 93.72 A/P Check* UNUM 42.55 A/P Check* AFLAC 199.56 EFT Avesis-Vision Care 5.43 A/P Check* TOTAL VOLUNTARY 595.41 Total Employee Deductions 27,096.01 Net Payroll 0.00 Direct Deposit 43,553.50 EFT Gross Payroll Tie-Out 70,649.51 STD/LTD Gross - Up 0.00 Plus City Paid Benefit 10,415.62 ICMA Benefit Held 0.00 TOTAL PAYROLL COST 81,065.13 FICA TIE-OUT Gross Payroll 70,649.51 Less Total FSA 2,846.33 Plus Employer Match ICMA 0.00 Plus ICMA Benefit Held 0.00 Net P/R Subject to FICA 67,803.18 FICA Oasdi @ 6.20%4,148.36 FICA Medicare @ 1.45%970.15 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:Friday, September 11, 2015 10:43 AM 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-Sep-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: 11-Sep-2015 10:42:22 AM Legal Name: ARDEN HILLS CITY OF Federal Employer ID: 41-6008992 User Who Submitted: Accounting Analyst Type of Request Submitted: Return for 8/31/2015 Account Name: ARDEN HILLS CITY OF Minnesota ID: 9047998 Return Summary Return Confirmation Number: 1-525-593-984 Account Type: Sales & Use Tax Filing Period: 31-Aug-2015 Projected Amount/Credit Due: $110.00 Payment Summary Payment Confirmation Number: 0-988-723-072 Account Type: Sales & Use Tax Filing Period: 31-Aug-2015 Payment Amount: $110.00 Payment Type: Return Payment Date: 20-Sep-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 9/24/2015 10:28 AM Checks by Date - Detail by Check Date Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0189 Gopher State One-Call, Inc.09/18/2015ACH 146622 August 2015 Locates August 2015 Locates 193.05 146622 August 2015 Locates August 2015 Locates 193.05 386.10Total for this ACH Check for Vendor 0189: 0192 Grainger, Inc 09/18/2015ACH 9828634163 PW Parts PW Parts 11.00 9829725754 PW Parts PW Parts 102.60 113.60Total for this ACH Check for Vendor 0192: 0225 Lillie Suburban Newspapers 09/18/2015ACH 08312015-LSN Annual TIF Disclosure Annual TIF Disclosure 25.20 08312015-LSN Annual TIF Disclosure Annual TIF Disclosure 25.20 08312015-LSN Annual TIF Disclosure Annual TIF Disclosure 25.20 75.60Total for this ACH Check for Vendor 0225: 0285 Xcel Energy 09/18/2015ACH 469827210 August 28 Utility Charges August 28 Utility Charges 1,055.23 469827210 August 28 Utility Charges August 28 Utility Charges 201.84 469827210 August 28 Utility Charges August 28 Utility Charges 15.38 469827210 August 28 Utility Charges August 28 Utility Charges 443.59 469827210 August 28 Utility Charges August 28 Utility Charges 2,932.99 469827210 August 28 Utility Charges August 28 Utility Charges 1,580.09 469974050 June-August 2015 Charges June-August 2015 Charges 3,936.04 10,165.16Total for this ACH Check for Vendor 0285: 0292 Oxygen Service Company, Inc.09/18/2015ACH 03315532 August 2015 Rental August 2015 Rental 17.98 17.98Total for this ACH Check for Vendor 0292: 0549 Able Hose & Rubber 09/18/2015ACH 1-869105 Surface Water Management Expenses Surface Water Management Expenses 236.20 236.20Total for this ACH Check for Vendor 0549: 0706 Certified Laboratories 09/18/2015ACH 2035623 PW Parts PW Parts 285.53 285.53Total for this ACH Check for Vendor 0706: 0922 North Suburban Access Corporation 09/18/2015ACH 15-078 August 2015 Council Cable Services August 2015 Council Cable Services 257.40 257.40Total for this ACH Check for Vendor 0922: 1223 Adam's Pest Control, Inc.09/18/2015ACH Page 1AP Checks by Date - Detail by Check Date (9/24/2015 10:28 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 2301616 July 2015 Bee/Wasp Service July 2015 Bee/Wasp Service 149.00 2306523 September 2015 Pest Control September 2015 Pest Control 62.54 211.54Total for this ACH Check for Vendor 1223: 1408 Supply Solutions 09/18/2015ACH 7102 City Hall Supplies City Hall Supplies 75.00 75.00Total for this ACH Check for Vendor 1408: 1481 Park Construction 09/18/2015ACH 09142015-PC Payment #5 County Road E/Pine Tree Drive ImprovementsPayment #5 County Road E/Pine Tree Drive Improvements 547,209.54 547,209.54Total for this ACH Check for Vendor 1481: 2129 Elfering & Associates 09/18/2015ACH 2145 August 2015 Round Lake Road Expenses August 2015 Round Lake Road Expenses 915.00 2149 August 2015 Valentine Road MVHS Trail August 2015 Valentine Road MVHS Trail 1,222.50 2150 August 2015 Sanitary Sewer Lining Expenses August 2015 Sanitary Sewer Lining Expenses 1,515.00 2151 August 2015 PC 14-036 Expenses August 2015 PC 14-036 Expenses 1,347.50 2152 August 2015 Johanna Shores Phase 2 Escrow ExpensesAugust 2015 Johanna Shores Phase 2 Escrow Expenses 1,390.00 2153 August 2015 Goodwill O&A Expenses August 2015 Goodwill O&A Expenses 722.50 7,112.50Total for this ACH Check for Vendor 2129: 2249 Terry Maurer 09/18/2015ACH 09102015-TM 8/24-9/2 Mileage Reimbursement 8/24-9/2 Mileage Reimbursement 3.17 09102015-TM 8/24-9/2 Mileage Reimbursement 8/24-9/2 Mileage Reimbursement 3.16 09102015-TM 8/24-9/2 Mileage Reimbursement 8/24-9/2 Mileage Reimbursement 53.47 09102015-TM2 8/12-8/21 Mileage Reimbursement 8/24-9/2 Mileage Reimbursement 62.67 09102015-TM2 8/12-8/21 Mileage Reimbursement 8/24-9/2 Mileage Reimbursement 5.18 09102015-TM2 8/12-8/21 Mileage Reimbursement 8/24-9/2 Mileage Reimbursement 8.05 135.70Total for this ACH Check for Vendor 2249: 5587 CES Imaging 09/18/2015ACH INV023965 August 2015 Plotter Rental Charges August 2015 Plotter Rental Charges 60.00 60.00Total for this ACH Check for Vendor 5587: 5596 Jamar Company 09/18/2015ACH 394900 PW Parts PW Parts 108.00 108.00Total for this ACH Check for Vendor 5596: 5648 Matthew Bachler 09/18/2015ACH 09042015-MB P&Z Training P&Z Training 300.00 300.00Total for this ACH Check for Vendor 5648: 6349 Mary Nosek 09/18/2015ACH 15-013 August/September 2015 AH Notes August/September 2015 AH Notes 160.00 160.00Total for this ACH Check for Vendor 6349: 7501 Kelly & Lemmons, P.A.09/18/2015ACH 43321 August 2015 Prosecution August 2015 Prosecution 3,332.01 3,332.01Total for this ACH Check for Vendor 7501: 7506 Presbyterian Homes of Arden Hills, LLC 09/18/2015ACH 09172015-PH 1st Half 2015 Tax Settlement 1st Half 2015 Tax Settlement 66,084.48 Page 2AP Checks by Date - Detail by Check Date (9/24/2015 10:28 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 66,084.48Total for this ACH Check for Vendor 7506: 8800 Valley Paving Inc 09/18/2015ACH 09142015-VP Payment #4 2015 PMP Payment #4 2015 PMP 9,518.88 09142015-VP Payment #4 2015 PMP Payment #4 2015 PMP 127,261.97 09142015-VP Payment #4 2015 PMP Payment #4 2015 PMP 107,314.76 09142015-VP Payment #4 2015 PMP Payment #4 2015 PMP 362,202.47 606,298.08Total for this ACH Check for Vendor 8800: AMEN American Engineering Testing 09/18/2015ACH 68285 County Road E Improvements County Road E Improvements 5,533.64 5,533.64Total for this ACH Check for Vendor AMEN: TOII Tokle Inspections, Inc 09/18/2015ACH 09012015-Tokle August 2015 Inspections August 2015 Inspections 3,445.60 3,445.60Total for this ACH Check for Vendor TOII: 0243 Metropolitan Council-Waste Water 09/18/2015ACH 0001048259 October 2015 Wastewater Service Charges October 2015 Wastewater Service Charges 57,579.25 57,579.25Total for this ACH Check for Vendor 0243: CPF1 Central Pension Fund 09/18/201545076 08312015-CPF August 2015 Contributions August 2015 Contributions 1,228.80 1,228.80Total for Check Number 45076: 0319 City of Roseville 09/18/201545077 0220554 August 2015 IT BIll August 2015 IT BIll 3,206.83 0220583 August 2015 Phone BIll August 2015 Phone BIll 403.85 3,610.68Total for Check Number 45077: 0342 City of Shoreview 09/18/201545078 5601 2015 Field Trip Reimbursement 2015 Field Trip Reimbursement 299.75 299.75Total for Check Number 45078: 1032 Commercial Asphalt Co.09/18/201545079 150831 August (2) 2015 Asphalt Expense August (2) 2015 Asphalt Expense 2,256.42 2,256.42Total for Check Number 45079: 0337 D-Rock Center Landscape Supply 09/18/201545080 2800 Parks Supplies Parks Supplies 56.00 56.00Total for Check Number 45080: 5711 Frost Inc.09/18/201545081 1688 Vehicle #411 Parts Vehicle #411 Parts 225.00 225.00Total for Check Number 45081: 1372 Hillcrest Animal Hospital 09/18/201545082 11116-0815 August 2015 Animal Control Services August 2015 Animal Control Services 140.50 140.50Total for Check Number 45082: 0916 Lakes Country Service Coop 09/18/201545083 Page 3AP Checks by Date - Detail by Check Date (9/24/2015 10:28 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription CI073HA9-1015 October 2015 Health Insurance October 2015 Health Insurance 5,178.00 CI073HB7-1015 October 2015 Health Insurance October 2015 Health Insurance 2,776.50 CI073HE1-1015 October 2015 Health Insurance October 2015 Health Insurance 1,568.50 9,523.00Total for Check Number 45083: 1074 Precision Landscape & Tree 09/18/201545084 2190 4126 Valentine Crest Rd Tree Removal 4126 Valentine Crest Rd Tree Removal 454.20 454.20Total for Check Number 45084: 1208 Premium Waters, Inc 09/18/201545085 610207-08-15 August 2015 City Hall Supplies August 2015 City Hall Supplies 120.57 613317-08-15 August 2015 City Hall Supplies August 2015 City Hall Supplies 138.42 258.99Total for Check Number 45085: 3100 Provident Life and Accident Ins Co 09/18/201545086 9672443-0815 August 2015 UNUM Payment August 2015 UNUM Payment 85.10 85.10Total for Check Number 45086: 0811 Ramsey County 09/18/201545087 EMCOM-004483 August 2015 Fleet Support Fee August 2015 Fleet Support Fee 24.96 EMCOM-004530 August 2015 911 Dispatch August 2015 911 Dispatch 4,798.50 EMCOM-004545 August 2015 CAD Services August 2015 CAD Services 895.50 PRRLG-001399 2015 Special Assessment Admin Charges 2015 Special Assessment Admin Charges 316.25 PRRLG-001399 2015 Special Assessment Admin Charges 2015 Special Assessment Admin Charges 316.25 PRRLG-001399 2015 Special Assessment Admin Charges 2015 Special Assessment Admin Charges 316.25 PRRLG-001399 2015 Special Assessment Admin Charges 2015 Special Assessment Admin Charges 316.25 PRRLG-001417 2015 Recycling Fees 2015 Recycling Fees 1,283.50 PRRLG-001422 2014 TIF Admin Costs 2014 TIF Admin Costs 340.90 PRRLG-001422 2014 TIF Admin Costs 2014 TIF Admin Costs 465.60 PRRLG-001422 2014 TIF Admin Costs 2014 TIF Admin Costs 378.31 PUBW-014895 PW Signs PW Signs 156.18 PUBW-014897 PW Mowing PW Mowing 525.97 PUBW-014898 PW Paving PW Paving 676.16 10,810.58Total for Check Number 45087: 1193 SelectAccount 09/18/201545088 1119499 September 2015 Participant Fees September 2015 Participant Fees 42.20 1119502 Additional August 2015 Participant Fees Additional August 2015 Participant Fees 2.11 44.31Total for Check Number 45088: 0751 Short Elliott Hendrickson, Inc.09/18/201545089 302029 PW 12-0029-002-02 July 2015 Escrow Expenses PW 12-0029-002-02 July 2015 Escrow Expenses 1,222.90 1,222.90Total for Check Number 45089: 0716 Springbrook Software 09/18/201545090 INV31343 AP Positive Pay Maintenance AP Positive Pay Maintenance 563.75 INV31348 CR Lockbox Maintenance CR Lockbox Maintenance 676.50 1,240.25Total for Check Number 45090: 0327 Staples Business Advantage 09/18/201545091 3275189001 Office Supplies Office Supplies 99.93 99.93Total for Check Number 45091: Page 4AP Checks by Date - Detail by Check Date (9/24/2015 10:28 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 1319 David & Julie Stromberg 09/18/201545092 09142015-DS Bubble Soccer Refund Bubble Soccer Refund 20.00 20.00Total for Check Number 45092: 0576 TimeSaver Off Site Secretarial 09/18/201545093 M21577 8/17 CC Mtg 8/17 CC Mtg 265.00 265.00Total for Check Number 45093: 3099 Tri-State Bobcat, Inc.-Little Canada 09/18/201545094 A17040 PW Parts PW Parts 545.06 545.06Total for Check Number 45094: 9755 Verizon Networkfleet Inc 09/18/201545095 OSV000000286583 PW Technology Expenses PW Technology Expenses 37.90 37.90Total for Check Number 45095: 9632 Duke's Root Control, Inc 09/18/201545096 11215 Sewer Treatment Sewer Treatment 11,361.30 11,361.30Total for Check Number 45096: 0811 Ramsey County 09/18/201545097 SHRFL-001427 September 2015 RC Sheriff September 2015 RC Sheriff 90,489.32 90,489.32Total for Check Number 45097: 1,443,457.90Total for 9/18/2015: Report Total (45 checks): 1,443,457.90 Page 5AP Checks by Date - Detail by Check Date (9/24/2015 10:28 AM) CONSENT ITEM – 6B City of Arden Hills City Council Meeting for September 28, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 1 of 6 MEMORANDUM DATE: September 28, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Ryan Streff, City Planner SUBJECT: Planning Case #15-018 Applicant: Steve Schumacher Property Location: 3180 Hamline Avenue North Request: Site Plan Review – Accessory Structure Requested Action Motion to approve Planning Case 15-018 for a Site Plan Review to construct an 864 square foot accessory structure/detached garage on the property located at 3180 Hamline Avenue North, based on the findings of fact, submitted plans, and the seven (7) conditions in the September 28, 2015, report to the City Council Background/Overview of Request 1. Overview of Request The applicant owns the residential property located at 3180 Hamline Avenue North, which is located within the R-1 Single Family Residential Zoning District. In this case, the applicant is requesting a Site Plan Review in order to construct a detached accessory structure on the property. As proposed the new detached accessory structure would be 864 square feet or twenty-four (24) feet by thirty-six (36) feet in size. A Site Plan Review is required for all detached structures in a residential district that exceed 728 square feet. The new structure is being proposed to replace the previous non-conforming accessory structure that was demolished in 2014. The previous accessory structure on the property was considered a legal non-conforming structure as it exceeded 728 square feet in size and was located within the forty (40) foot CONSENT ITEM – 6B City of Arden Hills City Council Meeting for September 28, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 2 of 6 setback from Hamline Avenue North. The non-conforming structure was 1,344 square feet in size and located approximately five (5) feet from the front property line. The proposed project would be constructed to conform to the current Zoning Code regulations to meet the minimum ten (10) foot side yard setback and the forty (40) foot front yard setback required for accessory structures in the R-1 district. As proposed the structure would be located fifteen (15) feet from the south property line, ninety (90) feet from the north property line, and one hundred and eighty (180) feet from the front property line along Hamline Avenue. The applicant has indicated that the structure would be fifteen (15) feet in height and would be constructed with materials that match or complement the existing single family dwelling on the property. The applicant has submitted a project narrative describing the request (Attachment C), building plans (Attachment D), and a project site plan showing the proposed location of the detached accessory structure (Attachment E). Plan Evaluation 1. R-1 Regulations, Existing Conditions, and Proposed Redevelopment A. Lot Size & Dimensions – Meets Requirements The lot is 55,321 square feet (1.27 acres) and approximately 132 feet in width and 420 feet in length. The lot meets all R-1 lot size requirements. B. Structure Setbacks – Meets Requirements The proposed accessory structure would meet all setback requirements. C. Lot Coverage – Meets Requirements The existing and proposed lot coverage does not exceed the coverage limitations in the R- 1 Zoning District. The R-1 District permits a maximum structure coverage up to 25% and a total impervious lot coverage of 35%. The proposed construction of the accessory structure would increase the structure coverage from 2.90% to 4.46% with an increase in total impervious lot coverage from 11.96% to 16.28%. CONSENT ITEM – 6B City of Arden Hills City Council Meeting for September 28, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 3 of 6 Lot Coverage Existing Proposed R-1 Regulation Square feet % Square Feet % Square Feet % Dwelling 1,342 2.43% 1,342 2.43% - - Accessory Structure - - 864 1.56% - - Boat House 264 0.48% 264 0.48% Total Structure 1,606 2.90% 2,470 4.46% 13,830 25% Driveway 4,689 8.48% 6,174 11.16% Sidewalk 319 0.58% 364 0.66% Total Lot Coverage 6,614 11.96% 9,008 16.28% 19,362 35% Remaining Landscape Area 48,707 88.04% 46,313 83.72% 19,536 65% Lot Size 55,321 55,321 55,321 2. Site Plan Review Evaluation Criteria The Zoning Code allows for a property owner to construct an accessory structure, not to exceed 1,458 square feet in unusual circumstances, if approved through a Site Plan Review; however, the Code does not define unusual circumstance, nor does it specifically identify criteria for evaluating a site plan for the purpose of granting approval of a larger accessory structure. The approval is largely left up to the discretion of the Planning Commission and City Council. The purpose of the Site Plan Review process is to ensure a higher quality project than could be achieved by following the letter of the Zoning Code. In the case of this application, the proposed accessory structure is 864 square feet. The property owner could fit two accessory structures up to 728 square feet each on the property, which would likely have more of a visual impact than this single structure. The Code regulates that the exterior finish must be compatible with the existing structure and the neighborhood. The applicant has indicated that the exterior of the proposed accessory structure will match or complement the materials and color of the existing principal structure. 3. Flood Plain, Wetlands, and Easements The proposed addition is outside of any flood plains, wetlands, or easements. 4. Additional Review A. Building Official The Building Official reviewed the plans for the project and had no additional comments. CONSENT ITEM – 6B City of Arden Hills City Council Meeting for September 28, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 4 of 6 B. City Engineer The City Engineer reviewed the proposal and stated that a Grading and Erosion Control Permit is required for this project. C. Rice Creek Watershed District The Rice Creek Watershed District (RCWD) has indicated that a permit is not required for projects that involve a land disturbance of less than 10,000 square feet. The total area of disturbance is estimated at 4,000 square feet. Findings of Fact The Planning Commission reviewed Planning Case 15-018 at their regular meeting on September 9, 2015. Draft minutes from the meeting are included in Attachment A. The Planning Commission offers the following fourteen (14) findings of fact for consideration: 1. The lot meets the minimum requirements of the R-1 Zoning District. 2. The existing dwelling does not encroach on any setbacks requirements. 3. A Site Plan Review is required for the detached accessory structure to exceed 728 square feet. 4. Garages and accessor y structures are permitted within the R-1 Zoning District. 5. The proposed structure coverage meets the requirements of the R-1 Zoning District. 6. The minimum landscaped area exceeds the requirements of the R-1 Zoning District. 7. The existing dwelling does not exceed the 35 foot height limit. 8. The proposed accessory structure would not exceed the 15 foot height limit for accessory structures. 9. The driveway would be expanded to provide access to the new structure. 10. The existing dwelling and the proposed garage are outside of the 100-year flood plain, wetlands, and easements. 11. The proposed accessory structure would be 864 square feet in size. 12. The exterior finish will match or complement the principal structure. 13. The lot is unusual in that it is unusually large, and there would be enough room to construct two (2) 728 square foot accessory structures on the property without a Variance or Site Plan Review. 14. The proposed accessory structure would create less impact and be more attractive than having two (2) accessory structures on the property. Recommendation The findings of fact for the Site Plan Review support approval. However, if the City Council chooses to deny the application, the findings of fact would need to be amended to reflect the reasons for the denial. CONSENT ITEM – 6B City of Arden Hills City Council Meeting for September 28, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 5 of 6 The Planning Commission reviewed Planning Case 15-018 and unanimously recommends approval (5-0) of the Site Plan Review to construct an 864 square foot accessory structure/detached garage at 3180 Hamline Avenue North, based on the findings of fact and the submitted plans as presented in the September 28, 2015, Report to the City Council, as amended by 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 the applicant shall obtain all necessary grading and building permits prior to the commencement of construction on the site. 3. That the applicant shall use best management practices (BMPs) to control erosion at all times during construction. 4. That the height of the structure shall not exceed 15 feet. 5. That the applicant shall obtain approval or a waiver from the Rice Creek Watershed District (RCWD) prior to the issuance of any building permits. 6. That the structure shall conform to all other regulations in the City Code. 7. That no other accessory structure shall be constructed on the site without an approved Site Plan Review or Variance. Proposed Motion Language 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 prepared by the City and mailed to property owners within three hundred and fifty (350) feet of the subject property. Resident Comment Staff has received a letter of support for the proposed project from Lowell Anderson (Attachment G). No other letters, e-mails, or telephone calls from property owners or residents in regards to this planning case were received. CONSENT ITEM – 6B City of Arden Hills City Council Meeting for September 28, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 6 of 6 Deadline for Agency Actions The City of Arden Hills received the completed application for this request on July 30, 2015. Pursuant to Minnesota State Statute, the City was required to act on this request by September 27, 2015, (60 days), unless the City provided the petitioner with written reasons for an additional 60-day review period. The petitioner was notified on September 3, 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 November 26, 2015 (120 days). The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Attachments A. Draft Planning Commission Minutes – September 9, 2015 B. Planning Commission Report – September 9, 2015 C. Application and project Narrative D. Building Plans E. Project Site Plan F. Site and Aerial Map G. Letter of Support (Lowell Anderson) Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, SEPTEMBER 9, 2015 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Roberta Thompson called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Roberta Thompson, Commissioners Andrew Holewa, Steven Jones, Phillip Neururer, and Clayton Zimmerman. Absent: Commissioner Brent Bartel and Angela Hames. Also present were: Associate Planner Matthew Bachler and Councilmember Fran Holmes. APPROVAL OF AGENDA – SEPTEMBER 9, 2015 Chair Thompson stated the agenda will stand as published. APPROVAL OF MINUTES August 5, 2015 – Planning Commission Regular Meeting Commissioner Holewa moved, seconded by Commissioner Zimmerman, to approve the August 5, 2015, Planning Commission Regular Meeting minutes as presented. The motion carried unanimously (5-0). PLANNING CASES A. Planning Case 15-018; Site Plan Review – Accessory Structure – 3180 Hamline Avenue North – Public Hearing Not Required Associate Planner Bachler stated that the applicant owns the residential property located at 3180 Hamline Avenue North, which is located within the R-1 Single Family Residential Zoning District. In this case, the applicant is requesting a Site Plan Review in order to construct a detached accessory structure on the property. As proposed the new detached accessory structure would be 864 square feet or twenty-four (24) feet by thirty-six (36) feet in size. A Site Plan ARDEN HILLS PLANNING COMMISSION – September 9, 2015 2 Review is required for all detached structures in a residential district that exceed 728 square feet. The new structure is being proposed to replace the previous non-conforming accessory structure that was demolished in 2014. Associate Planner Bachler explained that the existing single-family dwelling and the accessory structure that was demolished were both constructed in the 1940’s prior to the current zoning regulations. The previous accessory structure on the property was considered a legal non- conforming structure as it exceeded 728 square feet in size and was located within the forty (40) foot setback from Hamline Avenue North. The non-conforming structure was 1,344 square feet in size and located approximately five (5) feet from the front property line. Associate Planner Bachler commented that the proposed project would be constructed to conform to the current Zoning Code regulations to meet the minimum ten (10) foot side yard setback and the forty (40) foot front yard setback required for accessory structures in the R-1 district. No variances are required for the proposed detached accessory structure as the Zoning Code permits up to two accessory structures on a property provided that neither exceeds 728 square feet in size. Associate Planner Bachler stated that in addition, Section 1325.01 Subd. 7 of the City’s Zoning Code allows for an accessory structure, not to exceed 1,458 square feet, if approved through a Site Plan Review. The proposed structure would be located fifteen (15) feet from the south property line, ninety (90) feet from the north property line, and one hundred and eighty (180) feet from the front property line along Hamline Avenue. The applicant has indicated that the structure would be fifteen (15) feet in height and would be constructed with materials that match or complement the existing single family dwelling on the property. Land Use Plan: Site Data Low Density Residential Existing Land Use: Single Family Detached Residential Zoning: R-1: Single Family Residential Current Lot Sizes: 1.27 Acres (55,321 Square Feet) Topography: In the location of the proposed structure the lot is fairly flat. However, the lot slopes significantly on the lake side. Associate Planner Bachler reviewed the surrounding area, the Plan Evaluation and Site Plan Evaluation Criteria. Associate Planner Bachler provided the Findings of Fact for review: 1. The lot meets the minimum requirements of the R-1 Zoning District. 2. The existing dwelling does not encroach on any setbacks requirements. 3. A Site Plan Review is required for the detached accessory structure to exceed 728 square feet. 4. Garages and accessory structures are permitted within the R-1 Zoning District. 5. The proposed structure coverage meets the requirements of the R-1 Zoning District. 6. The minimum landscaped area exceeds the requirements of the R-1 Zoning District. 7. The existing dwelling does not exceed the 35 foot height limit. ARDEN HILLS PLANNING COMMISSION – September 9, 2015 3 8. The proposed accessory structure would not exceed the 15 foot height limit for accessory structures. 9. The driveway would be expanded to provide access to the new structure. 10. The existing dwelling and the proposed garage are outside of the 100-year flood plain, wetlands, and easements. 11. The proposed accessory structure would be 864 square feet in size. 12. The exterior finish will match or complement the principal structure. 13. The lot is unusual in that it is unusually large, and there would be enough room to construct two (2) 728 square foot accessory structures on the property without a Variance or Site Plan Review. 14. The proposed accessory structure would create less impact and be more attractive than having two (2) accessory structures on the property. Associate Planner Bachler stated that based on the submitted plans and findings of fact, staff recommends approval of Planning Case 15-018 for a Site Plan Review to construct an 864 square foot accessory structure/detached garage at 3180 Hamline Avenue North. If the Planning Commission recommends approval of this request, staff recommends that the following seven (7) conditions be included with the approval: 1. That the project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. That the applicant shall obtain all necessary grading and building permits prior to the commencement of construction on the site. 3. That the applicant shall use best management practices (BMPs) to control erosion at all times during construction. 4. That the height of the structure shall not exceed 15 feet. 5. That the applicant shall obtain approval or a waiver from the Rice Creek Watershed District (RCWD) prior to the issuance of any building permits. 6. That the structure shall conform to all other regulations in the City Code. 7. That no other accessory structure shall be constructed on the site without an approved Site Plan Review or Variance. 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 4. Table Chair Thompson opened the floor to Commissioner comments. Commissioner Jones discussed the 728 square foot requirement and asked if the City would allow two accessory structures of up to 1,458 square feet in size. ARDEN HILLS PLANNING COMMISSION – September 9, 2015 4 Associate Planner Bachler explained that the staff interpretation of the Zoning Code was that if a resident requests an accessory structure over 728 square feet in size, a second accessory structure would have to be less than 728 square feet so that the property did not exceed a total of 1,458 square feet in accessory structures. Commissioner Holewa moved and Commissioner Zimmerman seconded a motion to recommend approval of Planning Case 15-018 for a Site Plan Review to construct an 864 square foot accessory structure/detached garage at 3180 Hamline Avenue North, based on the findings of fact and the submitted plans as amended by the seven (7) conditions in the September 9, 2015, Report to the Planning Commission. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Holmes indicated that the City Council approved Planning Case 15-016 for a Final PUD for Phase III of the Arden Plaza Master PUD at 3527 Lexington Avenue North on August 31, 2015. Hemisphere Restaurant Partners will be constructing a sit-down restaurant called the Tavern Grill and Restaurant on the Lexington Avenue development parcel just to the south of Walgreens. The Planning Commission reviewed this case on August 8, 2015, and unanimously recommended approval of the project. Councilmember Holmes reported that the City Council approved a Site Plan Review for Boston Scientific in Planning Case 15-017. The approval will allow Boston Scientific to relocate a daycare facility and outdoor play area to Building 10 on their campus. This case also received a unanimous recommendation for approval from the Planning Commission at their August regular meeting. Councilmember Holmes stated that the City Council discussed the regulation of cellular antennas in the Zoning Code and the classification of this use as an accessory use. The City Attorney provided recommended changes to the Zoning Code to help clarify this issue. The City Council directed staff to work with the Planning Commission on drafting an ordinance to make these recommended revisions to the Zoning Code. Staff will bring this item to a future Planning Commission meeting for further discussion. Councilmember Holmes indicated that the Council would be holding two State of the City events. The first would be held on Tuesday, September 29th at City Hall and the second would be held on Thursday, October 1st at Flaherty’s Aden Bowl. Councilmember Holmes explained that the Council was in the process of hiring a new City Administrator as City Administrator Klaers would be retiring in early October. ARDEN HILLS PLANNING COMMISSION – September 9, 2015 5 Councilmember Holmes encouraged the Planning Commission members to view the City’s new video tour, which was now posted on the City’s website. B. Rice Creek Commons (TCAAP) Update Associate Planner Bachler reported that the City Council approved the TCAAP Redevelopment Code (TRC) and the TCAAP Comprehensive Plan Amendment (CPA) on Monday, July 13, 2015. The City submitted the proposed CPA to all adjacent municipalities and affected jurisdictions including: Shoreview, Roseville, New Brighton, Mounds View, Ramsey County, MnDOT, RCWD, and Mounds View Public Schools for their review and comment. The 60 day review and comment period for the adjacent municipalities and affected jurisdictions concluded on September 1st. The Metropolitan Council now has an additional 60 days from September 2nd to review and comment on the document. C. Planning Commission Comments and Requests None. D. Staff Comments Associate Planner Bachler provided a brief update on development projects taking place in the City. ADJOURN Commissioner Zimmerman moved, seconded by Commissioner Holewa, to adjourn the September 9, 2015, Planning Commission Meeting at 6:52 p.m. The motion carried unanimously (5-0). City of Arden Hills Planning Commission Meeting for September 9, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 1 of 7 MEMORANDUM DATE: September 9, 2015 PC Agenda Item 3.A TO: Planning Commission FROM: Ryan Streff, City Planner SUBJECT: Planning Case #15-018 – No Public Hearing Required Applicant: Steve Schumacher Property Location: 3180 Hamline Avenue North Request: Site Plan Review – Accessory Structure Requested Action The applicant is requesting a Site Plan Review to construct a 864 square foot accessory structure/detached garage on the property located at 3180 Hamline Avenue North. Background 1. Overview of Request The applicant own the residential property located at 3180 Hamline Avenue North, which is located within the R-1 Single Family Residential Zoning District. In this case, the applicant is requesting a Site Plan Review in order to construct a detached accessory structure on the property. As proposed the new detached accessory structure would be 864 square feet or twenty-four (24) feet by thirty-six (36) feet in size. A Site Plan Review is required for all detached structures in a residential district that exceed 728 square feet. The new structure is being proposed to replace the previous non-conforming accessory structure that was demolished in 2014. The existing single family dwelling and the accessory structure that was demolished were both constructed in the 1940’s by the applicant’s grandparents prior to the current zoning regulations. The previous accessory structure on the property was considered a legal non- conforming structure as it exceeded 728 square feet in size and was located within the forty (40) foot setback from Hamline Avenue North. The non-conforming structure was 1,344 square feet in size and located approximately five (5) feet from the front property line. City of Arden Hills Planning Commission Meeting for September 9, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 2 of 7 The proposed project would be constructed to conform to the current Zoning Code regulations to meet the minimum ten (10) foot side yard setback and the forty (40) foot front yard setback required for accessory structures in the R-1 district. No variances are required for the proposed detached accessory structure as the Zoning Code permits up to two accessory structures on a property provided that neither exceeds 728 square feet in size. In addition, Section 1325.01 Subd. 7 of the City’s Zoning Code allows for an accessory structure, not to exceed 1,458 square feet, if approved through a Site Plan Review. The proposed structure would be located fifteen (15) feet from the south property line, ninety (90) feet from the north property line, and one hundred and eighty (180) feet from the front property line along Hamline Avenue. The applicant has indicated that the structure would be fifteen (15) feet in height and would be constructed with materials that match or complement the existing single family dwelling on the property. The applicant has submitted a project narrative describing the request (Attachment A), building plans (Attachment B), and a project site plan showing the proposed location of the detached accessory structure (Attachment C). 2. Site Data 3. Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use North Low Density Residential R-1: Single Family Residential District Single Family Detached Residential South Low Density Residential R-1: Single Family Residential District Single Family Detached Residential East Water (Lake Josephine) & Low Density Residential Water (Lake Josephine) & R-2: Single and Two-Family Residential District Water (Lake Josephine) & Single Family Detached Residential West ROW (Snelling Avenue) & Low Density Residential ROW (Snelling Avenue) & R-1: Single Family Residential District ROW (Snelling Avenue) & Single Family Detached Residential Future Land Use Plan: Low Density Residential Existing Land Use: Single Family Detached Residential Zoning: R-1: Single Family Residential District Current Lot Sizes: 1.27 Acres (55,321 Square Feet) Topography: In the location of the proposed structure the lot is fairly flat. However, the lot slopes significantly on the lake side. City of Arden Hills Planning Commission Meeting for September 9, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 3 of 7 Plan Evaluation 1. R-1 Regulations, Existing Conditions, and Proposed Redevelopment A. Lot Size & Dimensions – Meets Requirements The lot is 55,321 square feet (1.27 acres), and approximately 132 feet in width and 420 feet in length. The lot meets all R-1 lot size requirements. B. Structure Setbacks – Meets Requirements The proposed accessory structure would meet all setback requirements. C. Lot Coverage – Meets Requirements The existing and proposed lot coverage does not exceed the coverage limitations in the R-1 Zoning District. The R-1 District permits a maximum structure coverage up to 25% and a total impervious lot coverage of 35%. The proposed construction of the accessory structure would increase the structure coverage from 2.90% to 4.46% with an increase in total impervious lot coverage from 11.96% to 16.28%. Lot Coverage Existing Proposed R-1 Regulation Square feet % Square Feet % Square Feet % Dwelling 1,342 2.43% 1,342 2.43% - - Accessory Structure - - 864 1.56% - - Boat House 264 0.48% 264 0.48% Total Structure 1,606 2.90% 2,470 4.46% 13,830 25% Driveway 4,689 8.48% 6,174 11.16% Sidewalk 319 0.58% 364 0.66% Total Lot Coverage 6,614 11.96% 9,008 16.28% 19,362 35% Remaining Landscape Area 48,707 88.04% 46,313 83.72% 19,536 65% Applicable R-1 Lot Requirements 1. Minimum Lot Area (sf) 14,000 2. Minimum Lot Size (ft, width/depth) 95/130 3. Height (ft.) – Principal Structures 35 4. Height (ft.) – Accessory Structures 15 5. Lot Covered by Structure 25% 6. Min. Landscape Lot Area 65% 7. Minimum Building Setbacks (ft) Front yard 40 Rear Yard (Principle) 30 Rear Yard (Accessory) 10 Side Yard Interior - Principal (Min/total both yards on lot) 10/25 Side Yard Interior - Accessory 10 Side Yard Corner 40 City of Arden Hills Planning Commission Meeting for September 9, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 4 of 7 Lot Size 55,321 55,321 55,321 D. Structure Height – Meets Requirements The proposed accessory structure would not exceed fifteen (15) feet in height and would abide by the maximum fifteen (15) foot height requirement for accessory structures in the R-1 Zoning District. 2. Site Plan Review Evaluation Criteria The Zoning Code allows for a property owner to construct an accessory structure, not to exceed 1,458 square feet in unusual circumstances, if approved through a Site Plan Review; however, the Code does not define unusual circumstance, nor does it specifically identify criteria for evaluating a site plan for the purpose of granting approval of a larger accessory structure. The approval is largely left up to the discretion of the Planning Commission and City Council. The purpose of the Site Plan Review process is to ensure a higher quality project than could be achieved by following the letter of the Zoning Code. In the case of this application, the proposed accessory structure is 864 square feet. The property owner could fit two accessory structures up to 728 square feet each on the property, which would likely have more of a visual impact than this single structure. The Code regulates that the exterior finish must be compatible with the existing structure and the neighborhood. The applicant has indicated that the exterior of the proposed accessory structure will match or complement the materials and color of the existing principal structure. 3. Flood Plain, Wetlands, and Easements The proposed addition is outside of any flood plains, wetlands, or easements. 4. Additional Review A. Building Official The Building Official reviewed the plans for the project and had no additional comments. B. City Engineer The City Engineer reviewed the proposal and stated that a Grading and Erosion Control Permit is required for this project. C. Rice Creek Watershed District The Rice Creek Watershed District (RCWD) has indicated that a permit is not required for projects that involve a land disturbance of less than 10,000 square feet. The total area of disturbance is estimated at 4,000 square feet. City of Arden Hills Planning Commission Meeting for September 9, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 5 of 7 Findings of Fact Staff offers the following fourteen (14) findings of fact for review: 1. The lot meets the minimum requirements of the R-1 Zoning District. 2. The existing dwelling does not encroach on any setbacks requirements. 3. A Site Plan Review is required for the detached accessory structure to exceed 728 square feet. 4. Garages and accessory structures are permitted within the R-1 Zoning District. 5. The proposed structure coverage meets the requirements of the R-1 Zoning District. 6. The minimum landscaped area exceeds the requirements of the R-1 Zoning District. 7. The existing dwelling does not exceed the 35 foot height limit. 8. The proposed accessory structure would not exceed the 15 foot height limit for accessory structures. 9. The driveway would be expanded to provide access to the new structure. 10. The existing dwelling and the proposed garage are outside of the 100-year flood plain, wetlands, and easements. 11. The proposed accessory structure would be 864 square feet in size. 12. The exterior finish will match or complement the principal structure. 13. The lot is unusual in that it is unusually large, and there would be enough room to construct two (2) 728 square foot accessory structures on the property without a Variance or Site Plan Review. 14. The proposed accessory would create less impact and be more attractive than having two (2) accessory structures on the property. Staff Recommendation Based on the submitted plans and findings of fact, staff recommends approval of Planning Case 15-018 for a Site Plan Review to construct an 864 square foot accessory structure/detached garage at 3180 Hamline Avenue North. If the Planning Commission recommends approval of this request, staff recommends that the following seven (7) conditions be included with the approval: 1. That the project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. That the applicant shall obtain all necessary grading and building permits prior to the commencement of construction on the site. 3. That the applicant shall use best management practices (BMPs) to control erosion at all times during construction. 4. That the height of the structure shall not exceed 15 feet. City of Arden Hills Planning Commission Meeting for September 9, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 6 of 7 5. That the applicant shall obtain approval or a waiver from the Rice Creek Watershed District (RCWD) prior to the issuance of any building permits. 6. That the structure shall conform to all other regulations in the City Code. 7. That no other accessory structure shall be constructed on the site without an approved Site Plan Review or Variance. Proposed Motion Language 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 15-018 for a Site Plan Review to construct an 864 square foot accessory structure/detached garage at 3180 Hamline Avenue North, based on the findings of fact and the submitted plans as amended by the s even (7) conditions in the September 9, 2015, Report to the Planning Commission. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 15- 018 for a Site Plan Review to construct an 864 square foot accessory structure/detached garage at 3180 Hamline Avenue North, based on the findings of fact and the submitted plans in the September 9, 2015, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 15-018 for a Site Plan Review to construct an 864 square foot accessory structure/detached garage at 3180 Hamline Avenue North, based on the following findings of fact: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 15-018 for a Site Plan Review to construct an 864 square foot accessory structure/detached garage at 3180 Hamline Avenue North, in order to gather the following information: a specific reason and/or information request should be included with a motion to table. Notice Notice was prepared by the City and mailed to property owners within three hundred and fifty (350) feet of the subject property. Resident Comment Staff has not received any letters, e-mails, or telephone calls from property owners or residents in regards to this planning case. Deadline for Agency Actions City of Arden Hills Planning Commission Meeting for September 9, 2015 P:\Planning\Planning Cases\2015\PC 15-018 - Site Plan Review - Schumacher Accessory Structure\Memos_Reports_15-018 Page 7 of 7 The City of Arden Hills received the completed application for this request on July 30, 2015. Pursuant to Minnesota State Statute, the City was required to act on this request by September 27, 2015, (60 days), unless the City provided the petitioner with written reasons for an additional 60-day review period. The petitioner was notified on September 3, 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 November 26, 2015 (120 days). The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Attachments A. Application and project Narrative B. Building Plans C. Project Site Plan D. Site and Aerial Map ~ ~HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2015 LAND USE APPLICATION Applicant Information ~eplicant: Steve Schumacher Address: 1794 Jefferson Ave St Paul MN 55105 Tele hone No.: 651-338-5833 Other: Fax No.: Email Address:schus01@comcast.net Property Information Property Owner: Steve Schumacher Owner Address: 3180 Hamline Ave N Owner Telephone No. 651-338-5833 Other: 3180 Hamline Ave N Pro ert 10 No.: 343023340008 T e of Use: Residential Zone: Type of Request D Comprehensive Plan Amendment ($893 + $1,050 escrow) D Conditional Use Permit or Amendment ($630; $315 for Home Occupation or if no Site Plan Review is required + $630 escrow) D Interim Use Permit or Amendment ($630; $315 it no Site Plan Review is required + $735 escrow) D Preliminary Plat ($630 + $26 per lot + $1,575 escrow) D Final Plat ($525 + $26 per lot) D Concept Planned Unit Development ($315) [] Master Planned Unit Development ($630 + $2,100 escrow) D Final Planned Unit Development ($315 + $630 escrow) Revised: 12-17-14 D Planned Unit Development Amendment ($630; $315 if no Site Plan Review IS required + $2,100 escrow) ~ Site Plan Review ($315 + $630 escrow) D Rezoning ($630 + $1 ,050 escrow) D Zoning or City Code Amendment ($630 + $1,050 escrow) D Minor Subdivision (lot spliUconsolidation) ($473 + $1,050 escrow) D Variance (Zoning Code) ($315 + $630 escrow) D Vacation ot Easement or Right-ot-Way ($420 + $630 escrow) D Appeal ot Administrative Decision ($105) D Land Use Requests -Not Already Specified ($210) Page 1 of3 Agenda Deadline and Meeting Schedule The deadline for submittal of land use applications is required accord ing to the schedule outlined below . There are no exceptions. Failure to submit all application materials by the deadline date may delay the review process . Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6 :30 PM , though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM . Meetings are held in the Council Chambers at the City of Arden Hills , 1245 West Highway 96 , Arden Hills , Minnesota 55112 , unless otherwise stated . Applicants are advised that additional meetings and/or workshops are scheduled when necessary upon approval of the Planning CommiSSion . 2015 SCHEDULE (*subject to change) TENTATIVE TENTATIVE PLANNING CITY COUNCIL APPLICATION COMMISSION MEETING DEADLINE MEETING DATE* DATE· DATE· (Generally held on the (Generally held on the first Wednesday after the first Monday at 6:30 p.m.) last Monday at 7:00 p.m .) December 1 (2014) Jan uary 7 JanuCLry 26 January 5 Febru8/}' 4 February 23 February 2 March 4 March 30 March 2 April 8 April 27 April 6 May6 May 25 May4 June 3 June 29 June 1 July 8 July 27 July6 AugustS August 31 August 3 September 9 September 28 September 7 October 7 October 26 October 5 November 4 November 30 November 2 December 9 December 28 December 1 January 6 (2016) January 25 (2016) Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application and fully understa d that I am responsible for all costs incurred by the City related to the processing of this appli lion. t Il 4 I t)' Oat Applicant Signature (If different than the property owner) Date Please contact the City Planner at 651-792-7800 if you have any questions regarding this application . Additional copies of this application form are available on the City's website : www.citvofardenhills.orgl!anduseapplicafions Revised : 12-17-14 Page 3 of3 RE:  Garage  at  3180  Hamline  Ave  N   To  Whom  It  May  Concern:   I  would  like  to  build  a  36’  x  24’  detached  3  stall  garage  per  the  attached  plans  at  the  above   address.    This  will  house  our  3  cars,  mower,  and  other  typical  garage  items.    While  the  total   floor  square  footage  exceeds  the  current  code  requirement,  the  garage  size  is  in  line  with  the   size  of  the  house  (3200  sq.  ft.)  and  the  lot  size  (1.27  acre).    The  garage  will  meet  all  other  code   requirements.    This  garage  is  a  replacement  for  the  original  garage/barn  we  tore  down  last   year,  which  was  1344  sq.  ft.  and  the  equivalent  of  a  6  car  garage,  so  we  are  downsizing.           The  original  building  consisted  of  a  barn  with  5  horses  and  a  hay  loft,  with  a  2  stall  garage   underneath.    Later  the  barn  portion  was  used  as  another  2  stall  garage  and  the  hayloft  was   converted  to  an  office  for  my  grandfather.    It  had  wood  siding  painted  dark  reddish  brown,  and   carriage  house  style  doors  originally,  although  most  had  been  replaced  by  overhead  doors  over   time.   The  planned  garage  is  carriage  house  style,  which  blends  well  with  the  Colonial  style  house,   which  my  grandparents  built  in  1941.    It  will  have  engineered  wood  siding  as  a  nod  to  the   original  building,  painted  to  blend  well  with  the  brick  and  trim  colors  of  the  house,  rather  than   the  darker  color  of  the  old  building.    It  will  have  a  hip  roof  (to  reduce  the  footprint)  with   shingles  to  match  the  house.    The  doors  will  be  carriage  house  style,  similar  looking  to  the   original.    Decorative  cedar  brackets  will  complete  the  look.       Lot  Coverage:   Item  Sq.  Ft.   Lot  55,535   House  1342   Proposed  Garage  864   Existing  Driveway  4689   Proposed  Driveway  1485   Sidewalk  319   Proposed  Sidewalk    45   Boathouse  264     Thank  you  for  your  consideration.       Regards,   Steve  Schumacher   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 600.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION NAD_1983_HARN_Adj_MN_Ramsey_Feet Feet600.00300.00 Notes Enter Map Description Legend 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 Legend City Halls Schools Hospitals Fire Stations Police Stations Recreational Centers Parcel Points Parcel Boundaries County Borders Airports From:Lowell Anderson To:Ryan Streff Subject:Re: Project 15-018 Date:Wednesday, September 09, 2015 8:34:44 AM Sorry Ryan. We have NO objection. I should have edited my note before sending. To restate for the record: We have NO objection to the proposed construction of a garage by Steve Schumacher at 3180 Hamline Ave N. Thanks for calling my typo to my attention Lowell _____________ Lowell J. Anderson, College of Pharmacy University of Minnesota 7-172 Weaver-Densford Hall 308 Harvard Street S.E. Minneapolis, MN 55455-0343 612,626,5158 612,910,3301 (c) ander245@umn.edu ljawatauga@aol.com On Wed, Sep 9, 2015 at 8:29 AM, Ryan Streff <RStreff@cityofardenhills.org> wrote: Mr. Anderson, Please disregard my previous email. I thought your email said you had no objection to the proposed project. Would you be able to elaborate on your objection to the proposed project? If so, are you planning to attend the Planning Commission meeting this evening at 6:30 at City Hall? Thanks Ryan Ryan B. Streff City Planner | City of Arden Hills 1245 West Highway 96, Arden Hills, MN 55112 Office: 651.792.7828 | Fax: 651.634.5137 City of Arden Hills City Council Meeting for September 28, 2015 P:\Planning\Planning Cases\2015\PC 15-002 - Arden Plaza - Master PUD Amendment and Subdivision\Memos_15-002 Page 1 of 2 DATE: September 28, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Assignment and Assumption of Development Agreement between Arden Plaza, LLC and Frattallone I, LLC Requested Action Approve the Assignment and Assumption of Development Agreement between Arden Plaza, LLC and Frattallone I, LLC. Discussion Frattallone I, LLC entered into a purchase agreement with Arden Plaza, LLC on July 31, 2015 to acquire Lot 3, Block 1, Arden Plaza Second Addition where the existing Frattallone’s Ace Hardware store is located. This property is subject to certain obligations under the Amended and Restated Master PUD Agreement and Phase I Development Contract and the PUD Agreement and Conditional Use Permit Phase I – Third Amendment, which were previously signed between Arden Plaza, LLC and the City. As part of the transfer of the property to Frattallone’s, Arden Plaza has requested that the City approve an Assignment and Assumption of Development Agreement between the two parties which specifies obligations within these agreements that will now be the responsibility of Frattallone’s. The agreement benefits the City by clarifying who the responsible party is for fulfilling the obligations and conditions within the past development agreements. The City Attorney has reviewed the Assignment and Assumption of Development Agreement document. All of the changes suggested by the City Attorney have been incorporated into the final document. The City Attorney recommends City Council approval. CONSENT ITEM – 6C MEMORANDUM City of Arden Hills City Council Meeting for September 28, 2015 P:\Planning\Planning Cases\2015\PC 15-002 - Arden Plaza - Master PUD Amendment and Subdivision\Memos_15-002 Page 2 of 2 Recommendation Approve the Assignment and Assumption of Development Agreement between Arden Plaza, LLC and Frattallone I, LLC. Attachments A. Letter from Wellington Management, dated September 23, 2015 B. Assignment and Assumption of Development Agreement September 23, 2015 Matthew Bachler City Planning City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 RE: Amendment and Restatement of Development Rights (Arden Plaza) Dear Matthew: This letter accompanies the Assignment and Assumption of Development Agreement (Frattallone) and Assignment and Assumption of Development Agreement (HRP Edina). Progress on the development of the Arden Plaza property is continuing and we are excited to sell a portion of our property to our long term tenant Frattallone hardware store which provides them the opportunity to build a much anticipated garden center. In addition, we are excited about other opportunities in front of us, including the pending sale to HRP Edina for the development of a restaurant on one of our out lots. In connection with both of these sales we are asking that certain duties of the developer that are specific to the respective property be transferred to the new owners. In the case of Frattallone, many of the provisions regarding the CUP are current and ongoing obligations of Frattallone which will both own and operate the hardware store. Frattallone and we have agreed that you should look to them for performance on these issues as we are not in a position to perform unless we remained as owners and with respect to the obligations of the CUP operated the hardware store and garden center. In connection with the city’s signing of this agreement we ask the city to release our letter of credit for certain parking improvements because Frattallone has agreed to accept these responsibilities in connection with their construction of the parking lot improvements. In the case of HRP Edina, some of the ongoing obligations relating to the property are properly taken up by the owner and, in addition, the obligations associated with the development of Lot 1, Block 1, Arden Plaza 2nd Addition, that are being discussed at Monday’s meeting are the obligations of HRP Edina as the obligations are associated with their development of the property and obtaining their final certificate of occupancy. Thank you for your consideration of this matter. Sincerely, Kim JoDene Donat Kim JoDene Donat General Counsel, Wellington Management, Inc., agent for Arden Plaza LLC cc: Stephen B. Wellington, Jr. Dennis Trooien David Bergstrom _______________________________________________________________________________ ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT (Above space reserved for recording information) THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT (“Agreement”) is made as of _______________, 2015, by and between Arden Plaza, LLC, a Minnesota limited liability company (“Seller”) whose address for notice is 1625 Energy Park Drive, Suite 100, St. Paul, MN 55108, and Frattallone I, LLC, a Minnesota limited liability company (“Buyer”) whose address for notice is 3527 North Lexington Avenue, Arden Hills, MN 55126. RECITALS A. Pursuant to that certain Purchase Agreement dated July 31, 2015, as amended, between Buyer, and Seller (the “Purchase Agreement”), Buyer is acquiring certain real property legally described as Lot 3, Block 1, Arden Plaza Second Addition, City of Arden Hills, Ramsey County, Minnesota (the “Property”). B. The Property is subject to that certain Amended and Restated Master Planned Unit Development Agreement and Phase I Development Contract by and among Seller, the City of Arden Hills, Minnesota (the “City”) and PAMELA A. COUCH, as Trustee of the Pamela A. Couch 2011 Trust dated November 15, 2011, an undivided 25% interest; and JAMES G. COUCH, as Trustee of the JGC Trust of 2007 dated August 14, 2007, an undivided 75% interest (“Couch/JGC Trusts”) filed with the Ramsey County Examiner of Title on ___________________, as Document No. ___________, as amended by that certain Arden Plaza First Amendment to Amended and Restated Master Planned Unit Development Agreement and Phase I Development Contract (recording pending) (the “Development Agreement”). Pursuant to the Development Agreement, Seller has undertaken certain obligations with respect to the Property and additional property located adjacent to the Property (the “Retained Property”). C. Pursuant to the Purchase Agreement, Buyer agreed to assume certain obligations undertaken by Seller in accordance with the Development Agreement relating to the development of Phase III as described in the Development Agreement on the Property but not with respect to other property covered by the Development Agreement and certain rights of Seller under the Development Agreement, which are set forth on Exhibit A attached hereto (the “Assumed Obligations”). As such, Buyer and Seller desire that the Assumed Obligations be assigned to and assumed by Buyer, as further set forth herein. 1 AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual promises set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows: 1. Assignment and Assumption of Development Agreement. Seller hereby assigns, conveys, sets over and delivers to Buyer all of Seller’s right, title, obligation and interest in and to the Assumed Obligations. Buyer hereby accepts and assumes from Seller the Assumed Obligations from and after the date of this Agreement. Buyer acknowledges that the intent of this Agreement is to make Buyer fully responsible for the Assumed Obligations and to release Seller therefrom from and after the date of this Agreement. Buyer shall comply with all specific obligations applicable to the Assumed Obligations as set forth in the Development Agreement from and after the date of this Agreement. Buyer agrees to indemnify, defend, and hold Seller harmless from and against any and all losses, debts, claims, liabilities, responsibilities, costs and expenses (including reasonable attorneys’ fees) accruing on and after the date of this Agreement in connection with any obligation or liability related to the Assumed Obligations or arising from or related to Buyer’s failure to perform any of the Assumed Obligations in accordance with the Development Agreement on or after the date of this Agreement. Seller agrees to indemnify, defend, and hold Buyer harmless from and against any and all losses, debts, claims, liabilities, responsibilities, costs and expenses (including reasonable attorneys’ fees) accruing prior to the date of this Agreement in connection with any obligation or liability related to the obligations of Seller under the Development Agreement, including, without limitation, the Assumed Obligations, or arising from or related to Seller’s failure to perform such obligations in accordance with the Development Agreement prior to the date of this Agreement. 2. Release of Seller. The City does hereby release Seller from all loss, liability, cost, expense and responsibility arising out of or associated with the Assumed Obligations accruing from and after the date of this Agreement or otherwise attributable to the period commencing on the date of this Agreement and continuing thereafter. The City agrees to look solely to Buyer for payment and performance of such Assumed Obligations. No default by Buyer with respect to the Assumed Obligations will result in a default under the remaining portions of the property covered by the Development Agreement. No default by Seller of its obligations under the Development Agreement with respect to the Retained Property will result in a default by Buyer with respect to the Assumed Obligations. 3. Recitals. The foregoing recitals are true and correct and are hereby incorporated by reference. 4. Inurement; Counterparts. This Agreement shall bind and inure to the benefit of the parties hereto and their successors and assigns. This Agreement shall run with the land. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same instrument. 5. Assignment; Governing Law; Conflicts; Amendment. This Agreement shall not be assigned without the prior written consent of Seller and the City. This Agreement shall be governed 2 by and construed under the laws of the State of Minnesota. In the event of any conflict between this Agreement and the Purchase Agreement, this Agreement shall control. No change, amendment, qualification or cancellation hereof shall be effective unless in writing and executed by each of the parties hereto. [Signatures appear on following pages. Remainder of page intentionally left blank.] 3 SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above. BUYER: SELLER: Frattallone I, LLC, a Minnesota limited liability company Arden Plaza, LLC, a Minnesota limited liability company By _________________________________ Its: _________________________________ By _________________________________ Its: Stephen B. Wellington, Jr., Chief Manager This instrument was acknowledged before me on ____________, 2015 by Stephen B. Wellington, Jr., the Chief Manager of Arden Plaza, LLC, a Minnesota limited liability company, on behalf of the company. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL This instrument was acknowledged before me on ____________________, 2015 by ______________________, the ____________________ of Frattallone I, LLC, a Minnesota limited liability company, on behalf of the company. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS) Kim JoDene Donat Wellington Management, Inc. 1625 Energy Park Drive, Suite 100 St. Paul, MN 55108 4 Approved as to form and consent for Seller and Buyer to enter into this Agreement in accordance with the Development Agreement. The undersigned hereby consents to the foregoing Agreement and agrees to be bound by the provisions thereof: CITY OF ARDEN HILLS, MINNESOTA By: __________________________________ Date: _________________, 2015 Its: Mayor By: __________________________________ Date: _________________, 2015 Its: City Administrator This instrument was acknowledged before me on ____________________, 2015 by ____________________ and ____________________, the Mayor and City Administrator, respectively, of the City of Arden Hills, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of such municipal corporation. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL 5 CONSENT AND JOINDER BY MORTGAGEE Deerwood Bank, a Minnesota corporation, as successor in merger to American Bank of St. Paul, a Minnesota corporation, holder of a Mortgage on the Retained Property which is described as follows: Lot 2, Block 1, Arden Plaza, according to the recorded plat thereof, Ramsey County, Minnesota. And Lots 1 & 2, Block 1, Arden Plaza Second Addition, City of Arden Hills, Ramsey County, Minnesota (the “Retained Property”) hereby consents and joins in this Agreement, so as to subject and subordinate the undersigned’s interest to said Agreement. Dated: ____________________, 2015 DEERWOOD BANK By: __________________________ Name: __________________________ Its: __________________________ STATE OF MINNESOTA COUNTY OF RAMSEY } ss. The foregoing instrument was acknowledged before me this ____ day of ___________, 2015, by __________________, the ______________ of Deerwood Bank, a Minnesota corporation, on behalf of the corporation. ______________________________________ Notary Public 6 7 CONSENT AND JOINDER BY MORTGAGEE Anchor Bank, N.A., national banking association, holder of a Mortgage on the Property which is described as follows: Lot 3, Block 1, Arden Plaza Second Addition, City of Arden Hills, Ramsey County, Minnesota (the “Property”). hereby consents and joins in this Agreement, so as to subject and subordinate the undersigned’s interest to said Agreement. Dated: ____________________, 2015 ANCHOR BANK, N.A. By: __________________________ Name: __________________________ Its: __________________________ STATE OF MINNESOTA COUNTY OF _________ } ss. The foregoing instrument was acknowledged before me this ____ day of ___________, 2015, by __________________, the ______________ of Anchor Bank, N.A., a national banking association, on behalf of the association. ______________________________________ Notary Public 8 EXHIBIT A TO ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT ASSUMED OBLIGATIONS Excepted as otherwise stated below the following obligations are assigned and assumed by Buyer under the Development Agreement with respect to the Property. All section references refer to the applicable sections of the Development Agreement: Section 1. Amended and Restated Master Planned Unit Development Agreement and Phase I Development Contract (Amended and Restated Development Agreement) (PC#15-002) a. Any and all obligations in the Redevelopment Plans governing the Property or to which the Property is subject, regardless of whether the Amended and Restated Development Agreement if recorded at closing (Section 1). b. Buyer shall cooperate and not interfere with Seller’s obligations to apply for PUD-Final Plan for Phase III submission by the June 1, 2016 deadline and cooperate with Seller obligation to provide yearly updates to the City has set forth in Section 2(B) and 2(D) c. Buyer shall assume the obligation to patch and sealcoat the existing Arden Plaza parking lot on Lot 3, Block 1 (now Lots 2 and 3, Block 1, Arden Plaza 2nd Addition on or before September 30, 2015 (See also, section 4(C) of the Third Amendment), or post adequate security as provided in the Development Agreement. Seller acknowledges its obligation to provide a credit on the Purchase Price for the assumption of this duty. d. Buyer assumes the obligation to pay its allocable share of Traffic Signals and Future Assessment for the B-2 District Streetscape as set forth in Sections 2(I) and 2(K) which share shall be determined by multiplying the costs of the project attributable to the former Lot 3, Block 1, Arden Plaza by 12.09%. e. Buyer shall not interfere with Seller’s obligations under Section 2(J) f. Buyer shall provide Construction Easements set forth in Section 2(L) if requested by the City, g. Buyer and Seller shall jointly fulfill the obligations set forth in Section 3. h. Buyer assumes the obligations regarding tree replacement way set forth in Section 4(E) along any public right of adjacent to the Property i. Buyer shall cooperate and not interfere, but not assume the obligation to record the Amended and Restated Development Agreement document set forth at Section 8, including without limitation signing a consent and acknowledgement of the document for any purpose including recording. Section 2. Planned Unit Development Agreement and Conditional Use Permit – Phase 1 – Third Amendment (PC#15-002) (Third Amendment) a. Buyer assumes all obligations under Section 4(A) - titled Conditional Use Permit for Planned Unit Development. b. Buyer shall cooperate with Seller to fulfill the obligations set forth in Section 4(B). c. Section 4(C)(1) – Implementation of the January 29, 2015 letter from Dave Scherbel, Building Official, Tim Boehlke, Lake Johanna Fire Chief and Rick Current, Lake Johanna Fire Marshal (Exhibit B), except the obligations listed at nos. 2, 4, 5 and 6. Buyer and Seller agree to cooperate in satisfying the obligations at nos. 1, 7, 8, and 9, all other obligations shall solely but 9 the obligation of Buyer if not yet completed at closing except that the parties agree the notes at Nos. 10 and 11 are informational in nature and do not include assumable obligations. d. Buyer shall not assume the obligations at Section C(2) except to reimburse Seller in accordance with the shopping center governing documents recorded against the Property. e. Buyer assumes the obligations of Section 4(C)(3) – Installation of evergreen plantings f. Buyer assumes the obligations of Section 4(C)(4) to post a letter of credit or escrow with the City, or complete the patching and seal coating the parking lot by September 30, 2015. Seller acknowledges that Buyer has negotiated a credit on the Purchase Price of the property as a condition of assuming this obligation. g. Buyer will abide by the terms and conditions set forth in Section 4(D) to 4(H) as it pertains to the Property, and assumes any obligations thereunder arising from its ownership and use of the Property. In addition, Buyer is assigned the rights set forth in Section 11 of the Amended and Restated Development Agreement limited solely to the extent necessary to enforce the obligations of the City and/or the Authority under the Development Agreement with respect to the Property. 10 _______________________________________________________________________________ City of Arden Hills City Council Meeting for September 28, 2015 P:\Planning\Planning Cases\2015\PC 15-002 - Arden Plaza - Master PUD Amendment and Subdivision\Memos_15-002 Page 1 of 2 DATE: September 28, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Assignment and Assumption of Development Agreement between Arden Plaza, LLC and Hemisphere Restaurant Partners, LLC Requested Action Approve the Assignment and Assumption of Development Agreement between Arden Plaza, LLC and Hemisphere Restaurant Partners, LLC. Discussion Hemisphere Restaurant Partners entered into a purchase agreement with Arden Plaza, LLC on April 13, 2015 to acquire Lot 1, Block 1, Arden Plaza Second Addition where the approved Tavern Grill restaurant will be constructed. This property is subject to certain obligations under the Amended and Restated Master PUD Agreement and Phase I Development Contract and the PUD Agreement and Conditional Use Permit Phase I – Third Amendment, which were previously signed between Arden Plaza, LLC and the City. As part of the transfer of the property to Hemisphere Restaurant Partners, Arden Plaza has requested that the City approve an Assignment and Assumption of Development Agreement between the two parties which specifies obligations within these agreements that will now be the responsibility of Hemisphere Restaurant Partners. The agreement benefits the City by clarifying who the responsible party is for fulfilling the obligations and conditions within the past development agreements. The City Attorney has reviewed the Assignment and Assumption of Development Agreement document. All of the changes suggested by the City Attorney have been incorporated into the final document. The City Attorney recommends City Council approval. CONSENT ITEM – 6D MEMORANDUM _______________________________________________________________________________ City of Arden Hills City Council Meeting for September 28, 2015 P:\Planning\Planning Cases\2015\PC 15-002 - Arden Plaza - Master PUD Amendment and Subdivision\Memos_15-002 Page 2 of 2 Recommendation Approve the Assignment and Assumption of Development Agreement between Arden Plaza, LLC and Hemisphere Restaurant Partners, LLC. Attachments A. Letter from Wellington Management, dated September 23, 2015 B. Assignment and Assumption of Development Agreement September 23, 2015 Matthew Bachler City Planning City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 RE: Amendment and Restatement of Development Rights (Arden Plaza) Dear Matthew: This letter accompanies the Assignment and Assumption of Development Agreement (Frattallone) and Assignment and Assumption of Development Agreement (HRP Edina). Progress on the development of the Arden Plaza property is continuing and we are excited to sell a portion of our property to our long term tenant Frattallone hardware store which provides them the opportunity to build a much anticipated garden center. In addition, we are excited about other opportunities in front of us, including the pending sale to HRP Edina for the development of a restaurant on one of our out lots. In connection with both of these sales we are asking that certain duties of the developer that are specific to the respective property be transferred to the new owners. In the case of Frattallone, many of the provisions regarding the CUP are current and ongoing obligations of Frattallone which will both own and operate the hardware store. Frattallone and we have agreed that you should look to them for performance on these issues as we are not in a position to perform unless we remained as owners and with respect to the obligations of the CUP operated the hardware store and garden center. In connection with the city’s signing of this agreement we ask the city to release our letter of credit for certain parking improvements because Frattallone has agreed to accept these responsibilities in connection with their construction of the parking lot improvements. In the case of HRP Edina, some of the ongoing obligations relating to the property are properly taken up by the owner and, in addition, the obligations associated with the development of Lot 1, Block 1, Arden Plaza 2nd Addition, that are being discussed at Monday’s meeting are the obligations of HRP Edina as the obligations are associated with their development of the property and obtaining their final certificate of occupancy. Thank you for your consideration of this matter. Sincerely, Kim JoDene Donat Kim JoDene Donat General Counsel, Wellington Management, Inc., agent for Arden Plaza LLC cc: Stephen B. Wellington, Jr. Dennis Trooien David Bergstrom 1 _______________________________________________________________________________ ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT (Above space reserved for recording information) THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT (“Agreement”) is made as of _______________, 2015, by and between Arden Plaza, LLC, a Minnesota limited liability company (“Seller”) whose address for notice is 1625 Energy Park Drive, Suite 100, St. Paul, MN 55108, and HRP Edina, LLC, a Minnesota limited liability company (“Buyer”) whose address for notice is 1501 Washington Avenue South, Suite 300, Minneapolis, MN 55454-1039. RECITALS A. Pursuant to that certain Purchase Agreement dated April 13, 2015 between Buyer, and Seller (the “Purchase Agreement”), Buyer is acquiring certain real property legally described as Lot 1, Block 1, Arden Plaza 2nd Addition (the “Property”) located in the City of Arden Hills, Ramsey County, Minnesota. B. The Property is subject to that certain Amended and Restated Master Planned Unit Development Agreement and Phase I Development Contract by and among Seller, the City of Arden Hills, Minnesota (the “City”) and PAMELA A. COUCH, as Trustee of the Pamela A. Couch 2011 Trust dated November 15, 2011, an undivided 25% interest; and JAMES G. COUCH, as Trustee of the JGC Trust of 2007 dated August 14, 2007, an undivided 75% interest (“Couch/JGC Trusts”) recorded with the Ramsey County Recorder Examiner of Title on _____________ as document number ____________ as Amended by that certain Arden Plaza First Amendment to Amended and Restated Master Planned Unit Development Agreement and Phase I Development Contract recorded with the Ramsey County Recorder Examiner of Title on _____________ as document number ____________ (the “Development Agreement”). Pursuant to the Development Agreement, Seller has undertaken certain obligations with respect to the Property and additional property located adjacent to the Property (the “Retained Property”). C. Pursuant to the Purchase Agreement, Buyer agreed to assume certain obligations undertaken by Seller in accordance with the Development Agreement relating to the development of Phase III as described in the Development Agreement on the Property but not with respect to other property covered by the Development Agreement and certain rights of Seller under the Development Agreement, which are set forth on Exhibit A attached hereto (the “Assumed Obligations”). As such, Buyer and Seller desire that the Assumed Obligations be assigned to and assumed by Buyer, as further set forth herein. AGREEMENT 2 NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual promises set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows: 1. Assignment and Assumption of Development Agreement. Seller hereby assigns, conveys, sets over and delivers to Buyer all of Seller’s right, title, obligation and interest in and to the Assumed Obligations. Buyer hereby accepts and assumes from Seller the Assumed Obligations from and after the date of this Agreement. Buyer acknowledges that the intent of this Agreement is to make Buyer fully responsible for the Assumed Obligations and to release Seller therefrom from and after the date of this Agreement. Buyer shall comply with all specific obligations applicable to the Assumed Obligations as set forth in the Development Agreement from and after the date of this Agreement. Buyer agrees to indemnify, defend, and hold Seller harmless from and against any and all losses, debts, claims, liabilities, responsibilities, costs and expenses (including reasonable attorneys’ fees) accruing on and after the date of this Agreement in connection with any obligation or liability related to the Assumed Obligations or arising from or related to Buyer’s failure to perform any of the Assumed Obligations in accordance with the Development Agreement on or after the date of this Agreement. Seller agrees to indemnify, defend, and hold Buyer harmless from and against any and all losses, debts, claims, liabilities, responsibilities, costs and expenses (including reasonable attorneys’ fees) accruing prior to the date of this Agreement in connection with any obligation or liability related to the obligations of Seller under the Development Agreement, including, without limitation, the Assumed Obligations, or arising from or related to Seller’s failure to perform such obligations in accordance with the Development Agreement prior to the date of this Agreement. 2. Release of Seller. The City does hereby release Seller from all loss, liability, cost, expense and responsibility arising out of or associated with the Assumed Obligations accruing from and after the date of this Agreement or otherwise attributable to the period commencing on the date of this Agreement and continuing thereafter. The City agrees to look solely to Buyer for payment and performance of such Assumed Obligations. No default by Buyer with respect to the Assumed Obligations will result in a default under the remaining portions of the property covered by the Development Agreement. No default by Seller of its obligations under the Development Agreement with respect to the Retained Property will result in a default by Buyer with respect to the Assumed Obligations. 3. Recitals. The foregoing recitals are true and correct and are hereby incorporated by reference. 4. Inurement; Counterparts. This Agreement shall bind and inure to the benefit of the parties hereto and their successors and assigns. This Agreement shall run with the land. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same instrument. 5. Assignment; Governing Law; Conflicts; Amendment. This Agreement shall not be assigned without the prior written consent of Seller and the City. This Agreement shall be governed by and construed under the laws of the State of Minnesota. In the event of any conflict between this Agreement and the Purchase Agreement, this Agreement shall control. No change, amendment, qualification or cancellation hereof shall be effective unless in writing and executed by each of the parties hereto. 3 [Signatures appear on following pages. Remainder of page intentionally left blank.] SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above. BUYER: SELLER: HRP Edina, LLC Arden Plaza, LLC By _________________________________ Its: _________________________________ By _________________________________ Its: Stephen B. Wellington, Jr., Chief Manager This instrument was acknowledged before me on ____________, 2015 by Stephen B. Wellington, Jr., the Chief Manager of Arden Plaza, LLC, a Minnesota limited liability company, on behalf of the company. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL This instrument was acknowledged before me on ____________________, 2015 by ______________________, the ____________________ of HRP Edina, LLC, a Minnesota limited liability company, on behalf of the company. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS) Kim JoDene Donat Wellington Management, Inc. 1625 Energy Park Drive, Suite 100 St. Paul, MN 55108 4 Approved as to form and consent for Seller and Buyer to enter into this Agreement in accordance with the Development Agreement. The undersigned hereby consents to the foregoing Agreement and agrees to be bound by the provisions thereof: CITY OF ARDEN HILLS, MINNESOTA By: __________________________________ Date: _________________, 2015 Its: Mayor By: __________________________________ Date: _________________, 2015 Its: City Administrator This instrument was acknowledged before me on ____________________, 2015 by ____________________ and ____________________, the Mayor and City Administrator, respectively, of the City of Arden Hills, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of such municipal corporation. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL 5 CONSENT AND JOINDER BY MORTGAGEE Deerwood Bank, a Minnesota corporation, as successor in interest by merger with American Bank of St. Paul, a Minnesota corporation, holder of a Mortgage on the Arden Property which is described as follows: Lot 2, Block 1, Arden Plaza 2nd Addition (“Arden Property”) hereby consents and joins in this Agreement, so as to subject and subordinate the undersigned’s interest to said Agreement. Dated: ____________________, 2015 DEERWOOD BANK By: __________________________ Name: __________________________ Its: __________________________ STATE OF MINNESOTA COUNTY OF DAKOTA } ss. The foregoing instrument was acknowledged before me this ____ day of ___________, 2015, by __________________, the ______________ of Deerwood Bank, a Minnesota corporation as successor in interest by merger with American Bank of St. Paul, on behalf of the corporation. 6 EXHIBIT A TO ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT ASSUMED OBLIGATIONS Excepted as otherwise stated below the following obligations are assigned and assumed by Buyer under the Development Agreement with respect to Lot 1, Block 1, Arden Plaza 2nd Addition, Ramsey County, Minnesota (the “Property”). All section references refer to the applicable sections of the Development Agreement: Obligations to be assigned to and assumed by Buyer under the Development Agreement with respect to the Property. All section references refer to the applicable sections of the Development Agreement: • Any and all obligations in the Redevelopment Plans governing the Property or to which the Property is subject (Section 1). • PUD-Final Plan for Phase III submission by June 1, 2016 deadline and yearly updates (Section 2(B) and (2(D)) • Construction Easements (Section 2(L)). • Buyer assumes the obligation to pay its allocable share of Traffic Signals and Future Assessment for the B-2 District Streetscape as set forth in Section 2(T) and 2(K) which share shall be at least the amount calculated by multiplying the cost of the project attributable to the former Lot 3, Block 1, Arden Plaza by a 23.30% or such other amount determined by the assessor using assessor standard calculation. • Tree Replacement (Section 4(E)). • Recording of Documents (Section 8). In addition, Buyer shall be assigned the following rights under the Development Agreement limited solely to the extent necessary to enforce the obligations of the City and/or the Authority under the Development Agreement with respect to the Property. All section references refer to the applicable sections of the Development Agreement. • Limitation of Liability (Section 7) • Remedies (Section 11) Page 1 of 1 DATE: September 28, 2015 TO: Honorable Mayor and City Councilmembers FROM: Patrick Klaers, City Administrator SUBJECT: MGA Access Background/Discussion Our Prosecuting Attorney, Kelly & Lemmons, has requested City approval of the attached Master Subscriber Agreement for MN Court Data Services. Joe Kelly has provided a cover memo to this agreement which helps explain the need for Council action. Additionally, I have checked with our City Attorney, Joel Jamnik, and he is in agreement with the below recommendation for approval. Requested Action It is recommended that the City Council approve the attached Master Subscriber Agreement for MN Court Date Services. Attachments Attachment A: Memo from Joe Kelly dated September 17, 2015 Attachment B: Master Subscriber Agreement for MN Court Date Services CONSENT ITEM – 6E MEMORANDUM MEMORANDUM DATE: September 17, 2015 TO: Pat Klaers FROM: Joe Kelly CLIENT: Arden Hills Prosecution RE: MGA Access Previously, all prosecution agencies accessed court databases through a software (Odyssey) which allowed access to public portions of a court file1. However, we did not have access to view the actual documents that were filed. Odyssey will no longer work or be updated as of December 2015. The Minnesota Judicial Branch is going to an internet based system known as Minnesota Government Access (MGA). As prosecutors, we need to have the municipalities agree to authorize us to access these documents. The new system will allow us to view public and confidential documents which will help us in preparation for hearings and trials. It will be an overall better system compared to our current software. The agreement is required for us to have access to the new internet based system. All prosecuting agencies must have their cities sign the agreements to get access to the MGA. There is no cost to the city or to the prosecutors for this agreement or for the use of MGA. 1 It generally would only show dates of hearings, outcomes of hearings, and that documents were filed. MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES THIS AGREEMENT is entered into by and between , (Government Subscriber Name) of , (Government Subscriber Address) (hereinafter "Government Subscriber") and THE STATE OF MINNESOTA Office of State Court Administration , of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155 , (hereinafter "the Court"). Recitals The Court offers Court Data Services, as defined herein, to Minnesota Government Subscribers as authorized by the Rules of Public Access and Court Order. The Court Data Services are offered to Government Subscribers as governmental units and are offered solely for certain governmental use as permitted herein. Government Subscriber desires to use Court Data Services, and the Court desires to provide the same, to assist Government Subscriber in the efficient performance of its governmental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. Court Data Services are defined in the Definitions section of this Agreement and may involve a one-way or two-way transmission of information between the parties, some of which may include court information that is not accessible to the public pursuant to the Rules of Public Access and which may not be disclosed by Government Subscriber without the prior approval of the appropriate court or record custodian. Government Subscriber agrees herein to limit its access to and use of Court Records and Court Documents through Court Data Services to the Government Subscriber’s “Legitimate Governmental Business Need” as defined herein. Agreement NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Court and Government Subscriber agree as follows: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. 1.1 Term. This Agreement shall be effective on the date executed by the Court and shall remain in effect according to its terms. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 1 of 15 1.2 Termination. 1.2.1 Either party may terminate this Agreement with or without cause by giving written notice to the other party. The effective date of the termination shall be thirty (30) days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5 shall be effective immediately and may occur without prior notice to Government Subscriber. 1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall survive any termination of this Agreement, as shall any other provisions that by their nature are intended or expected to survive such termination. Upon termination, the Government Subscriber shall perform the responsibilities set forth in paragraph 8.6 hereof. 1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent agreement between the parties. 2. DEFINITIONS. 2.1 “Agency Account Manager” means the Government Subscriber employee assigned with the tasks of: (1) being the point of contact for communications between Government Subscriber and the Court; (2) maintaining a current list Government Subscriber’s Individual Users and their signed User Acknowledgment Forms and promptly notifying the Court when Government Subscriber’s Individual Users with individual logins should have accounts added or deleted; (3) reporting violations of this agreement by Government Subscriber’s Individual Users and steps taken to remedy violations to the Court. 2.2 “Court Data Services” means one or more of the following services and includes any additional or modified services identified as such on the Justice Agency Resource webpage of the Minnesota Judicial Branch website, which is currently www.mncourts.gov, or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates: 2.2.1 “Bulk Data Delivery” means the electronic transmission of Court Records in bulk form from the Court to the Government Subscriber, from one or more of the Court’s databases and through any means of transmission, as described in applicable Policies & Notices and materials referenced therein. 2.2.2 “Court Integration Services” means pre-defined automated transmissions of i) Court Records from the Court’s computer systems to Government Subscriber’s computer systems; and/or ii) Government Subscriber Records from the Government Subscriber’s computer systems to the Court’s computer systems; on a periodic basis or as triggered by pre-determined events, as described in applicable Policies & Notices and materials referenced therein. 2.2.3 “MNCIS Login Accounts” means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records and Court Documents maintained by the Minnesota Court Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 2 of 15 Information System (“MNCIS”), as described in applicable Policies & Notices and materials referenced therein. 2.3 “Court Data Services Databases” means any databases and the data therein, used as a source for Court Data Services, together with any documentation related thereto, including without limitation descriptions of the format or contents of data, data schemas, and all related components. 2.4 “Court Data Services Programs” means any computer application programs, routines, transport mechanisms, and display screens used in connection with Court Data Services, together with any documentation related thereto. 2.5 “Court Records” means all information in any form made available by the Court and/or its affiliates to Government Subscriber for the purposes of carrying out this Agreement, including: 2.5.0 “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information and Court Documents, as defined herein. 2.5.1 “Court Confidential Case Information” means any information in the Court Records (including Court Documents) that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. 2.5.2 “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. 2.5.3 “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. 2.5.4 “Court Documents” means electronic images of documents that are part of or included in a court file. 2.6 “DCA” means the District Court Administrator pursuant to Minnesota Statutes, section 485.01. 2.7 “Government Subscriber Records” means any information in any form made available by the Government Subscriber to the Court and/or its affiliates for the purposes of carrying out this Agreement. 2.8 “Government Subscriber’s Individual Users” means Government Subscriber’s employees or independent contractors whose use or access of Court Data Services, Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 3 of 15 as well as the access, use and dissemination of Court Records (including Court Documents), is necessary to effectuate the purposes of this Agreement. 2.9 “Legitimate Governmental Business Need” means a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities and as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. 2.10 “Policies & Notices” means the policies and notices published by the Court and/or its affiliates in connection with each of its Court Data Services, on a website or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates. Policies & Notices for each Court Data Service, hereby made part of this Agreement by reference, provide additional terms and conditions that govern Government Subscriber’s use of such services, including but not limited to provisions on fees, access and use limitations, and identification of various third party applications, such as transport mechanisms, that Government Subscriber may need to procure separately to use Court Data Services. 2.11 “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court and/or the SCAO entitled “Limits on Public Access to Case Records” or “Limits on Public Access to Administrative Records,” all of which by this reference are made a part of this Agreement. It is the obligation of Government Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. Such rules, lists, and tables are posted on the main website for the Court, for which the current address is www.mncourts.gov. 2.12 “SCAO” means the State of Minnesota, State Court Administrator's Office. 2.13 “This Agreement” means this Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies, including all Exhibits, Policies & Notices, and other documents referenced, attached to, or submitted or issued hereunder. 2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8.1, 8.2 and 8.4 of this Agreement. 2.15 “User Acknowledgement Form” means the form attached to this document as Exhibit A, signed by Government Subscriber’s Individual Users to confirm in writing that the Individual User has read and understands the requirements and restrictions in this Agreement. 3. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following execution of this Agreement by both parties, Government Subscriber will be offered access to the Court Records (including Court Documents) described in the Government Subscriber Access Chart, which is posted on the Policies & Notices. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 4 of 15 4. AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT DATA SERVICES AND COURT RECORDS LIMITED; TRAINING; VIOLATIONS; SANCTIONS. 4.1 Authorized Access to Court Data Services and Court Records. 4.1.1 Government Subscriber and Government Subscriber’s Individual Users shall access only the Court Data Services and Court Records (including Court Documents) necessary for a Legitimate Governmental Business Need. 4.1.2 The access of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber’s Individual Users for personal or non-official use, or any use that is not a “Legitimate Governmental Business Need” as defined herein, is prohibited. 4.1.3 Government Subscriber and Government Subscriber’s Individual Users shall not access or attempt to access Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation. 4.2 Authorized Use of Court Data Services and Court Records. 4.2.1 Government Subscriber and Government Subscriber’s Individual Users shall use the Court Data Services and Court Records (including Court Documents) accessed only for a Legitimate Governmental Business Need and according to the instructions provided in corresponding Policies & Notices or other materials. 4.2.2 The use of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber’s Individual Users for personal or non-official use, or any use that is not a “Legitimate Governmental Business Need” as defined herein, is prohibited. 4.2.3 Government Subscriber and Government Subscriber’s Individual Users shall not use or attempt to use Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation. 4.3 Dissemination of Court Records. Government Subscriber and Government Subscriber’s Individual Users shall not share the Court Records (including Court Documents) accessed and data therefrom with third parties and other individuals other than as needed to further a Legitimate Governmental Business Need. 4.4 Training. Government Subscriber shall provide Government Subscriber’s Individual Users training in the proper access, use, and dissemination of Court Records (including Court Documents). 4.5 Violations. 4.5.1 The access, use, or dissemination of Court Data Services or Court Records (including Court Documents) beyond what is necessary for a Legitimate Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 5 of 15 Governmental Business Need by Government Subscriber or Government Subscriber’s Individual Users is a violation of this Agreement. The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber’s Individual Users for personal use is a violation of this Agreement. 4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attempted access, use or dissemination of Court Data Services, Court Records or Court Documents by Government Subscriber or Government Subscriber’s Individual Users shall be grounds for the Court to impose sanctions as described in Clause 4.6 and to terminate this Agreement without prior notice to Government Subscriber and/or Government Subscriber’s Individual Users. 4.6 Sanctions. 4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a Government Subscriber and/or Government Subscriber’s Individual Users and may include the suspension of access or termination of access for Government Subscriber and/or Government Subscriber’s Individual Users. 4.6.2 If the Court decides to terminate the access for Government Subscriber and/or Government Subscriber’s Individual Users, the Court shall notify the affected party in writing. The termination shall be effective immediately. Prior notice to Government Subscriber and/or Government Subscriber’s Individual Users is not required. Reinstatement of the access shall only be upon the written direction of the Court. 5. GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees: 5.1 To not disclose Court Confidential Information to any third party except where necessary to carry out the Government Subscriber’s Legitimate Governmental Business Need as defined in this Agreement. 5.2 To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Government Subscriber’s obligations under this Agreement. 5.3 To limit the use of and access to Court Confidential Information to Government Subscriber’s Individual Users. Government Subscriber shall advise Government Subscriber’s Individual Users of the restrictions upon access, use and disclosure contained in this Agreement, requiring each Government Subscriber’s Individual User to acknowledge in writing that the individual has read and understands such restrictions. Government Subscriber’s Individual Users shall sign the User Acknowledgment Form attached in Exhibit A before accessing Court Data Services. 5.4 That, without limiting Clause 1 of this Agreement, the obligations of Government Subscriber and Government Subscriber’s Individual Users with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Agreement and the termination of their relationship with Government Subscriber. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 6 of 15 5.5 That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Government Subscriber and Government Subscriber’s Individual Users under this Agreement, such obligations of Government Subscriber and Government Subscriber’s Individual Users are founded independently on the provisions of this Agreement. 5.6 That, a violation of Government Subscriber’s agreements contained in this Clause 5, or a violation of those same agreements by Government Subscriber’s Individual Users, shall be grounds for the Court to terminate this agreement and Government Subscriber and/or Government Subscriber’s Individual Users access to Court Data Services and Court Records (including Court Documents). 6. APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND COURT DOCUMENTS. Subscriber acknowledges and agrees: 6.1 Court Case Information Provided Under Legal Mandate. When the Court is required to provide Government Subscriber with Court Case Information under a legal mandate and the provision of such data by the Court is not optional or otherwise left to the discretion of the Court, for example in the case of a state statutory reporting requirement, the provisions of this Agreement that govern or restrict Government Subscriber’s access to and use of Court Case Information do not apply to the specific data elements identified in the legal mandate, but remain in effect with respect to all other Court Case Information provided by the Court to Government Subscriber. All other provisions of this Agreement remain in full effect, including, without limitation, provisions that govern or restrict Government Subscriber’s access to and use of Court Confidential Security and Activation Information. 6.2 Previously Disclosed Court Records and Court Documents. Without limiting section 6.1, all Court Records and Court Documents disclosed to Government Subscriber prior to the effective date of this Agreement shall be subject to the provisions of this Agreement. 7. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS UNDER THIS AGREEMENT. 7.1 Requirement to Advise Government Subscriber’s Individual Users. To affect the purposes of this Agreement, Government Subscriber shall advise each of Government Subscriber’s Individual Users who are permitted to use and/or access Court Data Services and Court Records (including Court Documents) under this Agreement of the requirements and restrictions in this Agreement. 7.2 Required Acknowledgement by Government Subscriber’s Individual Users. 7.2.1 Government Subscriber shall require each of Government Subscriber’s Individual Users to sign the User Acknowledgement Form (Exhibit A). 7.2.2 The User Acknowledgement Forms of current Government Subscriber’s Individual Users must be obtained prior to submitting this Agreement to the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 7 of 15 Court for approval and shall accompany the submission of this Agreement for approval. 7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1 is signed, a Government Subscriber’s Individual User is prohibited from accessing, using or disseminating Court Data Services and Court Records (including Court Documents). The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by a Government Subscriber’s Individual User that has not completed a User Acknowledgement Form as required in Clause 7.2.1 is a violation of this Agreement. 7.2.4 Government Subscriber shall keep all such written User Acknowledgment Forms on file while this Agreement is in effect and for one (1) year following the termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such acknowledgements upon request to the Agency Account Manager. 7.2.5 The User Acknowledgment Forms are incorporated herein by reference. 8. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Agreement, subject to the terms and conditions hereof, the Court, with the permission of the SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive Court Records (including Court Documents). SCAO and the Court reserve the right to make modifications to the Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Government Subscriber. These modifications shall be treated in all respects as their previous counterparts. 8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of SCAO and its licensors. 8.2 Court Data Services Databases. SCAO is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of SCAO and its licensors. 8.3 Marks. Government Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” 8.4 Restrictions on Duplication, Disclosure, and Use. 8.4.1 Trade secret information of SCAO and its licensors will be treated by Government Subscriber in the same manner as Court Confidential Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 8 of 15 Information. In addition, Government Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of SCAO or its licensors, in any way or for any purpose not specifically and expressly authorized by this Agreement. As used herein, "trade secret information of SCAO and its licensors" means any information possessed by SCAO which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of SCAO and its licensors" does not, however, include information which was known to Government Subscriber prior to Government Subscriber’s receipt thereof, either directly or indirectly, from SCAO or its licensors, information which is independently developed by Government Subscriber without reference to or use of information received from SCAO or its licensors, or information which would not qualify as a trade secret under Minnesota law. 8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up to one (1) copy of training materials and configuration documentation for each individual authorized to access, use, or configure Court Data Services, solely for its own use in connection with this Agreement. 8.4.3 Government Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of SCAO and its licensors and Government Subscriber will advise Government Subscriber’s Individual Users who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of SCAO and its licensors, of the restrictions upon duplication, disclosure and use contained in this Agreement. 8.5 Proprietary Notices. Government Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of SCAO and its licensors, or any part thereof, made available by SCAO or the Court, and Government Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of SCAO and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Government Subscriber by SCAO or the Court, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. 8.6 Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, made available by the Court and SCAO to Government Subscriber hereunder, and all copies, including partial copies, thereof are and remain the property of the respective licensor. Within ten days of the effective date of termination of this Agreement, Government Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 9 of 15 materials, if any, and logon account information; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8.7 Reasonable Security Measures. The Court may add reasonable security measures including, but not limited to, a time-out feature, to Court Data Services Programs. 9. INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the Court, SCAO, SCAO’s licensors, and DCA will be irreparably harmed if Government Subscriber’s obligations under this Agreement are not specifically enforced and that the Court, SCAO, SCAO’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Government Subscriber of its obligations. Therefore, Government Subscriber agrees that the Court, SCAO, SCAO’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Government Subscriber or Government Subscriber’s Individual Users without the necessity of the Court, SCAO, SCAO’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Government Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court, SCAO, SCAO’s licensors, and DCA for reasonable attorney’s fees incurred by the Court, SCAO, SCAO’s licensors, and DCA in obtaining any relief pursuant to this Agreement. 10. COMPROMISE LIABILITY. Government Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Government Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. 11. AVAILABILITY. Specific terms of availability shall be established by the Court and set forth in the Polices & Notices. The Court reserves the right to terminate this Agreement immediately and/or temporarily suspend Government Subscriber’s approved Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. Monthly fees, if any, shall be prorated only for periods of suspension or upon termination of this Agreement. 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriber set forth in this section are in addition to the other obligations of the Government Subscriber set forth elsewhere in this Agreement. 12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all policies identified in applicable Policies & Notices. Upon failure of the Government Subscriber to comply with such policies, the Court shall have the option of immediately suspending or terminating the Government Subscriber’s Court Data Services on a temporary basis and/or immediately terminating this Agreement. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 10 of 15 12.2 Access and Use; Log. 12.2.1 Government Subscriber shall be responsible for all access to and use of Court Data Services and Court Records (including Court Documents) by Government Subscriber’s Individual Users or by means of Government Subscriber’s equipment or passwords, whether or not Government Subscriber has knowledge of or authorizes such access and use. 12.2.2 Government Subscriber shall also maintain a log identifying all persons to whom Government Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Government Subscriber shall maintain such logs while this Agreement is in effect and for a period of one (1) year following termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such logs upon request. 12.2.3 Government Subscriber, through the Agency Account Manager, shall promptly notify the Court when Government Subscriber’s Individual Users with individual logins should have accounts added or deleted. Upon Government Subscriber’s failure to notify the Court of these changes, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.2.4 The Court may conduct audits of Government Subscriber’s logs and use of Court Data Services and Court Records (including Court Documents) from time to time. Upon Government Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.3 Personnel. Government Subscriber agrees to investigate (including conducting audits), at the request of the Court, allegations of misconduct pertaining to Government Subscriber’s Individual Users having access to or use of Court Data Services, Court Confidential Information, or trade secret information of the SCAO and its licensors where such persons violate the provisions of this Agreement, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. Government Subscriber, through the Agency Account Manager, agrees to notify the Court of the results of such investigation, including any disciplinary actions, and of steps taken to prevent further misconduct. Government Subscriber agrees to reimburse the Court for costs to the Court for the investigation of improper use of Court Data Services, Court Records (including Court Documents), or trade secret information of the SCAO and its licensors. 13. FEES AND INVOICES. Applicable monthly fees commence ten (10) days after notice of the Court’s approval of this Agreement or upon the initial Government Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the State shall invoice Government Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within thirty (30) days of the date of the invoice, the Court may immediately cancel this Agreement without notice to Government Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 11 of 15 Subscriber and pursue all available legal remedies. Government Subscriber certifies that funds have been appropriated for the payment of charges under this Agreement for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty (30) days from the publication of the Policies & Notices. Government Subscriber shall have the option of accepting such changes or terminating this Agreement as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. 15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. 15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, SCAO, SCAO’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. THE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH COURT DATA SERVICES DUE TO COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR. 16. RELATIONSHIP OF THE PARTIES. Government Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, SCAO, SCAO’S licensors, or DCA. Neither Government Subscriber nor the Court, SCAO, SCAO’S licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of or modification of fees, any notice to Court or Government Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by either Party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 12 of 15 either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither party shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any corporation or other legal entity into, by or with which Government Subscriber may be merged, acquired or consolidated or which may purchase the entire assets of Government Subscriber. 22. GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Agreement, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Government Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Agreement sets forth the entire Agreement and understanding between the Parties regarding the subject matter hereof and supersedes any prior representations, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. Except as otherwise expressly provided in Clause 2 regarding Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding fees, any amendments or modifications to this Agreement shall be in writing signed by both Parties. 25. MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Government Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Government Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided under this Agreement; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 13 of 15 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement, intending to be bound thereby. 1. GOVERNMENT SUBSCRIBER Government Subscriber must attach documented verification of authority to sign on behalf of and bind the entity, such a council resolution, board authority or legally binding decision maker and attach same as Exhibit B. 2. THE COURT By By (SIGNATURE) (SIGNATURE) Date Date Name (typed) Title Title CIO/Director Office Office Information Technology Division of State Court Administration 3. Form and execution approved for Court by: By: ___________________________ (SIGNATURE) Title: Staff Attorney - Legal Counsel Division Date: ____________________________ Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 14 of 15 Exhibit A Court Data Services User Acknowledgment Form The Agency identified below that I work for has contracted with the Office of State Court Administration (the “Court”) for the access and use of the Court’s Records and Documents. Under that contract, the Agency is required to have employees, student attorneys and contractors sign the written acknowledgment below before they are permitted access. I, ______________________________________________, as an employee/student attorney/contractor of __________________________________________________________ (“the Agency”), state the following: 1. I have read and understand the requirements and restrictions in the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies between the Agency and the Court. 2. I understand that I am not to share my login and password information. 3. I shall access and use the Court Records and Court Documents provided for only “legitimate governmental business needs.” I understand a “legitimate governmental business need” is limited to a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities that is required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self- regulatory body. 4. I shall not access or use Court Records or Court Documents for personal or non-official use or any use that is not a legitimate governmental business need as defined in paragraph 3, above. 5. I will not share Court Records or Court Documents with third parties other than as needed to further legitimate governmental business needs as defined in paragraph 3, above. 6. I understand that the Court is not liable for any Court Records or Court Documents not available due to computer or network malfunction, mistake or user error. The Court makes no warranties as to the completeness or accuracy of the Court Records and Court Documents provided. 7. I agree to notify the Court when I no longer work for the Agency or no longer have a legitimate governmental business need for Court Records and Court Documents. I agree to stop accessing court records and documents when this occurs. 8. I understand that should I violate paragraphs 3., 4., or 5., it would result in the suspension or termination of my access to Court Records and Documents, and may result in the suspension or termination of the access to Court Records and Documents by the Agency, and other civil and criminal liability. Date: ______________ By: _________________________________________________ Employee/Student Attorney/Contractor for Agency Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 22, 2014 Page 15 of 15 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Minnesota Government Access (MGA)| Request Form for Minnesota Government Access (MGA) Login Account Copyright © 2005-2014 by the State of Minnesota, State Court Administrator's Office, All Rights Reserved. This form is for use by Minnesota government agencies only. 2. Applicant Information (ALL FIELDS ARE REQUIRED) Today’s Date: County/City/State Agency: Mailing Address: NOTE: Identify your agency name as it is written on the front page of the Master Subscriber Agreement attached to this request. If you are creating a new agreement, identify your agency name at its highest level, such as Anoka County Attorney’s Office, City of Willmar, or Minnesota Department of Public Safety. County (if Statewide Agency, enter “State”): Agency Account Manager (Agency Contact) Agency Director/Manager Authorizing Request (if different than Agency Account Manager) Name: Name: Position/Title: Position/Title: Phone: Phone: E-mail: E-mail: 3. Individual User Account Information Individual users (authorized employees, contractors, student attorneys) will have individual logins and passwords for MGA. All authorized individual users in your agency who will be using MGA must register for an MGA user account before this request is submitted. • Attach a completed Court Administrative Tool (CAT) that lists all user information to this request. NOTE: The signed, attached Master Subscriber Agreement requires that you keep a record of everyone who will be given access to an MGA account. 4. Individual User Acknowledgment Forms All authorized individual users in your agency who will be using MGA must complete an Individual User Acknowledgment Form before this request is submitted. Please provide a copy of all signed Individual User Acknowledgement Forms with this request. NOTE: The signed, attached Master Subscriber Agreement requires that all individual users sign the User Acknowledgment Forms prior to using MGA and that you keep a record of all User Acknowledgment Forms. 1. Instructions to Applicant Minnesota Government Access (“MGA”) provides electronic access to appropriate court records and documents for a government agency through login accounts for the individual agency users. MGA is an Internet browser-based application that requires no installation. This Request Form is intended for an entire government agency, not an individual user. Use this form to make the initial request for the new user accounts for the agency; not to make changes to an existing account. Only one agency may apply per form. Complete this entire form. You may clearly print, type, or complete electronically. Tip: This is a Microsoft Word document. To complete this form electronically: 1) save to your computer, 2) press Tab to fill out the form fields, 3) save and attach to e-mail submission. Revised October 2, 2014 (ITD_SP_0371g) Page 1 of 2 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Minnesota Government Access (MGA) | 5. Signatures This Request Form is submitted in connection with and made part of the most recent Master Subscriber Agreement executed by the Applicant and the State. An individual authorized to sign on behalf of and bind the government agency in written agreements signs under the Applicant signature block below. APPLICANT THE STATE By: By: (signature) (signature) Date: Date: Name: Name: (typed) (typed) Title: Title: Office: Office: 6. Submission This Request Form and all required attachments should be emailed to GSAreceiving@sp.courts.state.mn.us. Revised October 2, 2014 (ITD_SP_0371g) Page 2 of 2 Page 1 of 1 DATE: September 28, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Sara Grant, Recreation Coordinator SUBJECT: Accept Parks, Trails and Recreation Committee Member Resignation Background/Discussion Jennifer Stephens, Chair of the Parks, Trails and Recreation Committee has submitted her resignation effective immediately. Her term would have expired on December 31, 2016. A replacement for this appointment would fulfill the time remaining in Ms. Stephens’ term; however, the replacement would be eligible for reappointment of additional terms if desired. The Committee will be making a future recommendation to fill the Chair vacancy. Staff Recommendation Motion to accept the resignation of Jennifer Stephens from the Parks, Trails and Recreation Committee. CONSENT ITEM – 6F MEMORANDUM CONSENT ITEM – 6G City of Arden Hills City Council Meeting for September 28, 2015 P:\Planning\Recycling & Garbage\2016\SCORE Grant & Communications\SCORE GRANT Application Info\CC Packet_(9-28-15) Page 1 of 2 MEMORANDUM DATE: September 28, 2015 TO: Honorable Mayor & City Council Patrick Klaers, City Administrator FROM: Ryan Streff, City Planner SUBJECT: Resolution Authorizing the Application for Recycling SCORE Grant Funds from Ramsey County Requested Action Motion to approve Resolution 2015-043: Authorizing the application for Recycling SCORE Grant Funds for 2016 in the amount of $23,439. Background For 2016, the City of Arden Hills is eligible to apply for $23,439 in grant money from Ramsey County’s recycling SCORE grant program. The grant can be used to offset the cost of the City’s recycling program, including administration, equipment, and collection costs. In the past, the City has primarily used the grant money to offset collection costs and the annual spring and fall community Cleanup Day costs. The County requires a resolution from the City Council to authorize the application for the SCORE grant. The only requirement of the grant is that the money only be used for the City’s recycling program. The budget for the City’s recycling program in 2015 was $154,639. The City received $24,228 in SCORE grant money in 2015, which offset approximately 15.7% of the base cost of the residential recycling program. Revenue share from the recycling hauler also plays a role in reducing the base cost of the recycling program. Recycling fees, which are assessed to each participating residential property, cover the remaining portion of the recycling budget. CONSENT ITEM – 6G City of Arden Hills City Council Meeting for September 28, 2015 P:\Planning\Recycling & Garbage\2016\SCORE Grant & Communications\SCORE GRANT Application Info\CC Packet_(9-28-15) Page 2 of 2 The proposed recycling budget for 2016 is $137,374. The maximum SCORE Grant funds would be $23,439. The maximum grant award would account for approximately 17% of the total recycling budget. The 2016 budget also includes $7,500 in expected revenue sharing for 2016. Recommendation Staff recommends approving Resolution 2015-043 authorizing the application for Recycling SCORE Grant Funds for 2016 in the amount of $23,439. Requested Action Motion to approve Resolution 2015-043: Authorizing the application for Recycling SCORE Grant Funds for 2016 in the amount of $23,439. Attachment A. Resolution 2015-043 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2015-043 RESOLUTION AUTHORIZING APPLICATION FOR RECYCLING SCORE GRANT FUNDS FOR 2016 WHEREAS, the City of Arden Hills is eligible to apply for $23,439.00 in SCORE recycling grant funds; and WHEREAS, such funds would assist in continuing and improving the City’s recycling program for the year 2016. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: That the City Administrator or designee be authorized to apply for such grant funds for the year 2016. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28th DAY OF SEPTEMBER, 2015. ______________________________ ATTEST: DAVID GRANT, MAYOR __________________________________________ AMY DIETL, CITY CLERK City Council Meeting P:\Admin\Council\Agendas & Packet Information\2015\09-28-15-R\Sue\Acting City Admin\JSue Iverson Acting Appt 10.3.2015.doc Page 1 of 1 CONSENT AGENDA – 6H MEMORANDUM DATE: September 28, 2015 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: Approve Appointment of Susan Iverson as Acting City Administrator Background On July 13, 2015, the City Council accepted Patrick Klaers’ retirement effective October 2, 2015. At its September 21, 2015 worksession, council consensus was to appoint Susan Iverson as the Acting City Administrator effective October 3, 2015, with additional compensation of 10% of her current wage for the Acting appointment. Council Action A motion to approve appointing Susan Iverson as Acting City Administrator effective October 3, 2015, with additional compensation equal to 10% of her current pay for the appointment. City Council Meeting P:\Admin\Council\Agendas & Packet Information\2015\09-28-15-R\Sue\Acting PW Dir-City Engr\John Anderson Acting Appt 10.3.2015.doc Page 1 of 1 CONSENT AGENDA – 6I MEMORANDUM DATE: September 28, 2015 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: Approve Appointment of John Anderson as Acting Public Works Director/City Engineer Background On September 14, 2015, the City Council accepted Terry Maurer’s retirement effective October 2, 2015. At its September 21, 2015 worksession, council consensus was to appoint John Anderson as the Acting Public Works Director/City Engineer effective October 3, 2015, with additional compensation of 10% of his current wage for the Acting appointment. Council Action A motion to approve appointing John Anderson as Acting Public Works Director/City Engineer effective October 3, 2015, with additional compensation equal to 10% of his current pay for the appointment. CONSENT ITEM – 6J MEMORANDUM DATE: September 28, 2015 TO: Honorable Mayor and City Council Members FROM: Patrick Klaers, City Administrator SUBJECT: 2016-18 Agreement for Law Enforcement Services Background/Discussion The Ramsey County Sheriff’s Department (RCSD) has been providing law enforcement services to a number of suburban communities since 1960. Arden Hills joined this group of contracting communities in 1980. The membership of the contracting communities group has remained constant since 1992. The members of the contracting communities are: Arden Hills, Gem Lake, Little Canada, North Oaks, Shoreview, Vadnais Heights, and White Bear Township. These communities have a combined population of approximately 74,000 and a combined land area of approximately 56 square miles. The 2016 proposed budget for the contracting communities is $6,838,254 and the Arden Hills share of this budget is $1,039,008. Arden Hills will pay 15.19% of the total budget in 2016. By way of comparison, in 1992 the City paid 16.25% of the total budget. The Agreement for Law Enforcement Services with the County expires at the end of 2015. The contract period was for three (3) years. The contract includes a termination provision that requires at least nine (9) months notice. All of the contracting communities are being requested to approve the updated Agreement for Law Enforcement Services. This Agreement is attached for your review and consideration. The term is again for three (3) years and the Agreement also includes the same notice provision for termination. The updated Agreement is identical to the previous Agreement. The City Council approved the previous agreement on October 29, 2012 (the agreement was on the consent agenda). Recommendation It is recommended that the City Council approve the 2016-18 Agreement for Law Enforcement Service. 1    AGREEMENT FOR LAW ENFORCEMENT SERVICES This is an Agreement between the County of Ramsey (hereinafter referred to as the "COUNTY"), and the City of Arden Hills (hereinafter referred to as the "MUNICIPALlTY"), to provide law enforcement services to the MUNICIPALITY for the period commencing January 1, 2016. WHEREAS, the COUNTY has a statutory obligation to provide police protection within Ramsey County; and WHEREAS, the COUNTY has previously contracted to provide law enforcement services to the cities of Arden Hills, Gem Lake, Little Canada, North Oaks, Shoreview, Vadnais Heights, and to White Bear Township (hereinafter collectively referred to as the "MUNICIPALITIES"), and WHEREAS, the MUNICIPALlTY has determined that it is in the best interests of the MUNICIPALITY to continue to contract with the COUNTY for law enforcement services, thereby allowing for the allocation of overhead and other administrative costs over a larger population; and WHEREAS, the parties to this Agreement intend to contract for law enforcement functions within the political boundaries of the MUNICIPALITY through the Ramsey County Sheriff; and WHEREAS, the COUNTY is agreeable to rendering such services on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by the provisions of Minnesota Statutes Sections 471.59 and 436.05, and Laws 1959, Chapter 372. NOW, THEREFORE, IN CONSIDERATION OF the mutual undertakings set forth herein, the COUNTY and the MUNICIPALITY agree as follows: A. SCOPE OF SERVICES 1. The COUNTY agrees, through the Ramsey County Sheriff's Office, to provide law enforcement services to the MUNICIPALITY which will include, but not be limited to, the following: a. Patrol services with random patrolling of residential areas, businesses, parks, and other public property areas; b. Enforcement of Minnesota State Statutes and the ordinances of the MUNICIPALITY; 2    c. Traffic enforcement including the regular use of radar or laser as a speed deterrent; d. Crime prevention programs such as Neighborhood Watch, as well as other business and residential crime prevention programs; e. Criminal investigative and crimes lab services; f. Follow up on reported crimes with persons who reported the crime including routine notification by telephone or mail as to the status of the investigation; g. Responses to medical, fire, and other emergencies; h. Coordination of volunteer programs such as the Community Affairs Officer and Reserve Programs; i. Driver's license inspections, background checks and license enforcement services as called for under applicable state law and ordinances of the MUNICIPALITY; j. Special event traffic patrol and patrol services for community festivals or other special events; and k. Attendance at Public Safety or City Council meetings as requested by the MUNICIPALITY; and l. Animal control services. 2. The manner and standards of performance, the discipline of officers, and other matters incident to the provision of services under this Agreement, and the control of personnel so employed, shall be subject solely to the control of the COUNTY. In the event of a dispute between the parties as to the extent of the duties and functions to be rendered hereunder, or the level or manner of performance of such service, the determination thereof made by the Sheriff of the COUNTY shall be final and conclusive as between the parties hereto, subject however, to the provisions of Section A.3. herein. 3. In the event the MUNICIPALITY, through its elected body or authorized agent, notifies the COUNTY that the MUNICIPALITY is dissatisfied with the assignment of personnel for the performance of services under this Agreement and requests a change in personnel, the COUNTY shall make every effort to effect a change in the assignment of personnel, provided that such a change does not jeopardize the ability of the COUNTY to provide services to other areas of Ramsey County in a timely and efficient manner. 4. The COUNTY'S contractual obligations under this Agreement do not lessen the COUNTY'S obligation to provide patrol and police protection services to Bellaire Beach, area lakes, Ramsey County open space areas, and regional, park areas owned or operated by Ramsey County and all other areas under COUNTY jurisdiction located within the political boundaries of the MUNICIPALITY. The COUNTY'S contractual obligations under this Agreement shall also recognize the underlying, statutory obligations that Ramsey County has to provide police protection to the MUNICIPALITY. 3    5. Services shall be provided 24 hours per day and shall be performed by the number of deputies and other personnel budgeted for in the COUNTY'S Approved Budget for these services to the MUNICIPALITIES. 6. To facilitate the COUNTY'S performance pursuant to this Agreement, the MUNICIPALITY agrees that the COUNTY shall have full cooperation and assistance from the MUNICIPALITY, its officers, agents and employees. The MUNICIPALITY shall designate a liaison to the Ramsey County Sheriff's Office. The liaison shall attend meetings of the Sheriffs Contract Communities Committee and shall represent its respective MUNICIPALITY at the meetings. The purpose of these meetings is to develop short-term and long range plans and to coordinate and analyze police service, to develop budget parameters for distributing costs among the MUNICIPALITIES, and other related public service issues. The Sheriff's Contract Communities Committee shall also review any disputes which arise between the MUNICIPALITIES and/or Sheriff's Office and recommend a resolution. 7. The COUNTY shall furnish and supply all necessary labor, supervision, equipment, communication facilities and dispatching, and supplies necessary to provide services pursuant to this Agreement. 8. All deputy sheriffs, clerks, and all other COUNTY personnel performing duties pursuant to this Agreement shall at all times be considered employees of the COUNTY for all purposes. 9. The name of each of the MUNICIPALITIES that contract with the Sheriff's Office for law enforcement services shall be affixed to all squad cars and other major pieces of equipment used primarily within these MUNICIPALITIES. B. ASSUMPTION OF LIABILITIES/INSURANCE 1. Except as otherwise provided, the MUNICIPALITY shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any COUNTY personnel performing services pursuant to this Agreement for said MUNICIPALITY, and the COUNTY hereby assumes said liabilities. 2. Except as herein otherwise specified, the MUNICIPALITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of the performance of services pursuant to this Agreement, and the COUNTY hereby agrees to hold harmless the MUNICIPALITY against any such claim. 3. The MUNICIPALITY, its officers, and employees, shall not be deemed to assume any liability for the intentional or negligent acts of the COUNTY or the COUNTY'S employees performing services pursuant to this Agreement, and the COUNTY shall hold the MUNICIPALITY, its officers, and employees harmless from and 4    shall defend and indemnify the MUNICIPALITY, its officers, and employees against any claim for damages arising out of the COUNTY'S performance of services pursuant to this Agreement. 4. The COUNTY, its officers, and employees shall not be deemed to assume any liability for intentional or negligent acts of the MUNICIPALITY or of any other officers, agent or employee thereof, and the MUNICIPALITY shall hold the COUNTY and its officers and employees harmless from, and shall defend and indemnify the COUNTY and its officers and employees against any claim for damages arising out of the MUNICIPALITY'S performance of its obligations pursuant to this Agreement. 5. The COUNTY agrees to maintain, during the term of this Agreement, automobile, general liability, workers' compensation, and professional liability insurance in amounts deemed appropriate by the COUNTY. The COUNTY shall name the MUNICIPALITY as an additional insured on these policies except for the workers' compensation policy. The MUNICIPALITY agrees to pay, as a part of the actual cost as provided in Section 6 below, a pro rata share of the COUNTY'S insurance costs. These costs shall include the costs for any assessments and credits for any dividends by participating in any insurance pools or trusts. The COUNTY may elect to self-insure all or any portion of these risks. If the COUNTY cannot obtain insurance and/or elects to self-insure, the MUNICIPALITY shall pay a pro rata share of the costs of self-insurance, based on each MUNICIPALITY'S share of the approved annual budget. Insurance costs as they relate to insurance coverage shall include premiums and deductibles. Costs of self-insurance shall include reserves, claims and damage payments, and administration costs required to maintain self- insurance. 6. The MUNICIPALITY acknowledges that the COUNTY may, in an effort to provide the best insurance coverage at the most economical cost, become a member of the Minnesota Counties Insurance Trust or some similar organization; and the MUNICIPALITY further acknowledges that membership in such an organization may be for a fixed minimum term and may expose the COUNTY to some type of contingent cost liability, such as debts, obligations and liabilities, in the event that the COUNTY withdraws its membership. The MUNICIPALITY agrees to reimburse the COUNTY for the MUNICIPALITY'S pro rata share of any such contingent cost liability arising during the term of this Agreement for Law Enforcement Services and assessed against the COUNTY. Upon notification to the COUNTY of any such contingent cost liability, the COUNTY will notify the MUNICIPALITY in a timely manner. C. TERM OF AGREEMENT/TERMINATION 1. The term of this Agreement shall commence on January 1, 2016, and shall continue through December 31, 2018 ("Term"). 5    2. If either party intends not to renew this Agreement at the end of its Term, the party must notify the other party and other MUNICIPALITIES in writing at least nine (9) calendar months prior to the end of the contract Term. If either party has not approved a successor agreement at the end of the Term, the COUNTY will continue to provide law enforcement services in accordance with this Agreement. 3. Either party may terminate this Agreement at the end of a calendar year and prior to the end of the Term of the Agreement by notifying the other party to this Agreement and the other MUNICIPALITIES in writing of their intent to terminate the Agreement at least nine (9) calendar months prior to the end of the calendar year. 4. Notice to the COUNTY shall be given to the County Manager and Ramsey County Sheriff, and Notice to the MUNICIPALITY shall be given to the MUNICIPALITY'S City Manager. Notice to the other MUNICIPALITIES will be given in accordance with the notice provisions of the contracts between the COUNTY and the other MUNICIPALITIES. D. COST AND PAYMENT 1. The MUNICIPALITY agrees to pay the COUNTY the actual cost of providing all services covered by this Agreement. Actual cost shall mean the MUNICIPALITY'S pro rata share of the COUNTY'S total cost of providing patrol and police protection services as described in this Agreement to the MUNICIPALITIES with which the COUNTY has agreements for the current contract year, including, but not limited to the following: salaries of employees engaged in performing said services, including vacation and sick leave; mileage; uniforms; public employees retirement contributions; workers' compensation, automobile, general liability and police professional liability insurance costs or the cost of self-insurance; general overhead, including indirect expenses and supplies, radio unit expense, and health and welfare expense. The term "costs" as used herein shall not include items of expense attributable to services or facilities normally provided or available to all cities within the COUNTY as part of the COUNTY'S obligation to enforce state law. Computation of actual costs hereunder shall be made by the Ramsey County Finance Department based on information provided by the Sheriff. 2. During the term of this Agreement, the COUNTY shall annually submit a Budget Estimate for the following year of services to the MUNICIPALITY no later than August l of the current year. Said Budget Estimate will be for the limited purpose of better enabling the MUNICIPALITY to estimate its annual budget and tax levy. It is understood by the parties to this Agreement that said Budget Estimate shall in no way prevent the COUNTY from charging its actual costs. 3. If the MUNICIPALITY does not allocate the necessary funding for its proportionate share of the COUNTY'S Approved Budget to the MUNICIPALITIES for a given year, the MUNICIPALITY and the COUNTY must meet by January 31 of the budget year in question to review and reach agreement 6    on modifications to service levels provided by the COUNTY that are consistent with the MUNICIPALITY'S budget and that recognize the impact of these service level changes to other MUNICIPALITIES that contract with the COUNTY for these services. 4. Unless the COUNTY and MUNICIPALITY have reached agreement pursuant to the prior paragraph for a change in the MUNICIPALITY'S contribution, the COUNTY shall bill the MUNICIPALITY on a monthly basis in advance in an amount equal to one-twelfth (1/12) of the Budget Estimate for services to the MUNICIPALITY. The MUNICIPALITY shall pay the COUNTY within 45 days of receipt of the monthly statement. At the close of the contract year, the COUNTY will reconcile the current year Budget Estimate and current year actual costs, shall provide a copy of the current year actual cost to the MUNICIPALITY, and shall either give a credit to the MUNICIPALITY or bill the MUNICIPALITY for additional costs in excess of the Budget Estimate. E. GENERAL PROVISIONS 1. Notice to the COUNTY shall be given to the County Manager and Ramsey County Sheriff, and Notice to the MUNICIPALITY shall be given to the MUNICIPALITY'S City Manager. Notice to the other MUNICIPALITlES will be given in accordance with the notice provisions of the contracts between the COUNTY and the other MUNICIPALITIES. 2. It is understood that prosecutions for violations of ordinances or state statutes, together with disposition of all fines collected pursuant thereto, shall be in accordance with state statutes, state rules, and judicial orders. 3. The Ramsey County Sheriff’s Office shall submit to the MUNICIPALITY quarterly activity reports detailing the activities of the Sheriff’s Office under this agreement within the MUNICIPALITY. Said reports shall contain, at a minimum, the number of calls answered and the number of citations issued. However, no information will be provided which would violate the State Data Practices Act. 4. The MUNICIPALITY may contract with the COUNTY for additional law enforcement services above and beyond those provided in this Agreement. 5. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, signed by authorized representatives of the COUNTY and the MUNICIPALITY and attached to the original of this Agreement. IN WITNESS WHEREOF, the MUNICIPALITY, by resolution duly adopted by its Council has caused this Agreement to be signed by Mayor David Grant and City Administrator Patrick Klaers, and the seal of the MUNICIPALITY to be affixed hereto on the 28th of September, 2015 and the COUNTY, by resolution of its Board of County Commissioners, has caused this 7    Agreement to be signed by the Chair and Chief Clerk of said Board on the _______ day of ___________________. COUNTY OF RAMSEY CITY OF ARDEN HILLS By:____________________________ By:____________________________ Jim McDonough, Chair David Grant Board of Ramsey County Commissioners Mayor By:____________________________ By:____________________________ Janet Guthrie, Acting Chief Clerk Patrick Klaers Board of Ramsey County Commissioners City Administrator APPROVAL RECOMMENDED: By:____________________________ Matt Bostrom Sheriff of Ramsey County APPROVED AS TO FORM: By:____________________________ Melitta George Assistant Ramsey County Attorney NEW BUSINESS – 9A MEMORANDUM DATE: September 28, 2015 TO: Honorable Mayor and City Council Members FROM: Patrick Klaers, City Administrator SUBJECT: 2016 Proposed Maximum Tax Levy Background The proposed maximum tax levy needs to be approved by the City Council and certified to Ramsey County by the end of September 2015. The final 2016 tax levy amount is set by the City Council in December 2015 following the Truth in Taxation public hearing. The proposed maximum tax levy established by the City Council in September can be lowered in December but it cannot be increased in December. Accordingly it is very important for the City Council to discuss the financial needs of the City before it establishes the proposed maximum levy amount. Discussion At the August 17, 2015, City Council work session, staff provided the Council with 2016 property valuation and tax levy information and offered some general comments on important budget issues. The information staff presented at the August 17 work session showed that, without increasing the City tax rate, the Council could increase tax revenues by $217,000 or 6.5%. This tax revenue situation is possible due to a number of factors including having the valuation from TIF District # 2 Round Lake coming onto the tax roll (TIF 2 is scheduled to be decertified in 2015). At this August work session the majority of the Council agreed, as a starting point, to consider a 3% proposed maximum tax levy during the September 28, 2015, City Council meeting. Budget Issues Identifying an ongoing funding source for the City’s expenditures in the Permanent Improvement Revolving (PIR) fund is very important. The City will be using in excess of $1.5 million of PIR funds to pay for its share of the streets in the 2015 PMP projects. Up until recently, the City annually transferred $200,000 from the General Fund to the PIR Fund. These transfers have stopped as money was needed in the General Fund for street and trail maintenance. The City fund balance policy states that funds in excess of 50% of the cash-flow requirement is to be transferred into the PIR at the end of the year. Unfortunately, there were zero funds transferred into the PIR fund at the end of 2014. At the end of 2015 it is also going to be difficult to add any money to the PIR fund as the $58,305 of cash-flow reserves that were used to balance the budget will need to be repaid first. This use of reserves to balance the operating budget is a concern when also trying to transfer funds at year end into the PIR. Budget Numbers The attached draft budget proposal shows a deficit of $200,326. Please see the enclosed budget memo for details. Some expenditures in the draft 2016 budget for the City Council to consider include:  $ 54,039 increase for Public Safety  30,000 increase in transfer to the EDA  39,319 cost for a 3% COLA and planned step increases for employees (this is the General Fund total; the City wide total is $ 71,844)  58,305 elimination of the use of cash-flow reserves to balance the budget  100,000 establish a transfer to the PIR fund ____________ $281,663 The above total does not include any necessary increases for supplies, contracts, utilities and building maintenance, professional services, street and trails maintenance, etc. A 3% tax levy increase will generate $102,000. If the Council plans to stay with a 3% tax levy increase there will not be sufficient funds to eliminate the use of reserves and to establish a transfer to the PIR fund. Approximately 79% of the City’s General Fund revenues come from property taxes. The general rule is that there is never a good time to raise taxes. However, 2016 in Arden Hills may be the “exception to the rule” as TIF #2 Round Lake will be coming onto the tax rolls. Recommendation It is recommended that the City Council set the proposed maximum tax levy at a 6.5% (or $217,000) increase. Setting the proposed maximum tax levy at a 6.5% increase will allow the City Council to keep all of its options open as it discusses the budget details prior to the December public hearing. MEMORANDUM DATE: September 28, 2015 TO: Honorable Mayor and City Council FROM: Patrick Klaers, City Administrator Sue Iverson, Director of Finance and Administrative Services SUBJECT: 2016 Proposed Preliminary Budget and Tax Levy INTRODUCTION Previously staff provided data to the City Council on August 17, 2015, which detailed residential property values, a recap of the Ramsey County Finance Director meeting, past Arden Hill’s levy rate history and general levy information and scenarios. Council directed staff to use a 3% levy increase as a starting point in preparing the budget. RESIDENTIAL PROPERTY VALUES According to information provided by Ramsey County in May of this year, the median home value in Arden Hills will increase from $295,100 for 2015 taxes, to $300,300 for 2016 taxes which is a 1.8% increase (last year we saw a 11.5% increase) in value compared to the county average increase of 3.4%. According to Ramsey County, assessed value had declined for five consecutive assessments, the markets are stabilizing, and we are now experiencing an increase of residential, apartment, and commercial values. In order to evaluate the true impact to the residential property owner, you need to take into account the increase in fiscal disparities (increase of 6.2%) and the change in the taxable value (increase of 6.5% after exclusions). This does account for the Round Lake TIF District being back on the tax rolls. To help illustrate this, the following table shows the impact to the residential property owner due to the increase in fiscal disparity dollars, the changes in the assessed market values, and the addition of the Round Lake TIF District coming back on the tax rolls. This results in a net Tax Rate decrease of 6.5% before any levy changes are made. Memo - City Council 2016 Proposed Preliminary Budget and Tax Levy 2 Assuming no City levy change, the home owner that has a median valued home ( value going from $295,100 to $300,300) will see their City taxes going down by $36.03 or 4.7% as illustrated on the following chart. Actual Proposed % Item Pay 2015 Pay 2016 Change (A)(B)(C) 1.Levy before reduction for state aids $3,359,775 $3,359,775 0.0% 2.State Aids - $0 $0 0.0% 3.Certifed Property Tax Levy = $3,359,775 $3,359,775 0.0% 4.Fiscal Disparity Portion of Levy - $248,682 $264,113 6.2% 5.Local Portion of Levy = $3,111,093 $3,095,662 -0.5% 6.Local Taxable Value ÷ 11,425,974 12,163,391 6.5% 7.Local Tax Rate = 27.228%25.451%-6.5% 8.Market Value Referenda Levy $0 $0 0.0% 9.Fiscal Disparity Portion of Levy (SDs only)- $0 $0 0.0% 10.Local Levy = $0 $0 0.0% 11.Referenda Market Value ÷ 1,119,584,100 1,144,235,400 2.2% 12.Market Value Referenda Rate = 0.00000%0.00000%0.0% Taxable Taxing Market Homestead Taxable District Value Exclusion Market Tax Net B/4 Credit Credit Value Capacity Tax Proposed Pay 2016 Pay 2013 MV 76,000@.40%500,000@1.0%(B7 x G) + X 0.988 - rem up to 413799 @.09%(D - E)rem @ 1.25%(B12 x D)Annual Increase Monthly incr.Annual Increase Monthly incr. Estimated Tax District rate as % of total rate: 150,000 23,740 126,260 1,263 $321.45 ($14.27)(1.19)$ ($14.27)(1.19)$ 300,300 10,213 290,087 2,901 $738.33 ($36.03)(3.00)$ ($36.03)(3.00)$ 350,000 5,740 344,260 3,443 $876.28 ($42.67)(3.56)$ ($42.67)(3.56)$ 500,000 - 500,000 5,000 $1,272.55 ($64.89)(5.41)$ ($64.89)(5.41)$ 750,000 - 750,000 8,125 $2,067.89 ($99.19)(8.27)$ ($99.19)(8.27)$ Impact from Market Shifts Total Change and Fiscal Disparities The City’s share of Fiscal Disparities (line 4) has increased, and the City’s Tax Capacity (line 6) has increased, which results in a 6.5% decrease in the tax rate. Fiscal Disparities runs on a one year lag and is based on the levy amounts that jurisdictions submitted for 2015 (or last year). Jurisdictions that increased their levies will receive more, while those that kept their levies flat or fairly small will see decreases. RECAP OF RAMSEY COUNTY FINANCE DIRECTORS MEETING On August 13, 2015, Ramsey County held a meeting with its Finance Directors from all taxing districts. The Assessor is optimistic that our real estate markets are much improved and still getting better. Residential markets experienced the most positive improvements, with buyer acti vity improving, there are fewer foreclosure and short sales. Apartment markets continue to be very healthy and there is substantial construction of new apartments across the Twin Cities metro area. Commercial and industrial markets have recovered most of the loss in value from the recession. County-wide Commercial/Industrial aggregate values have increased 2.2%. Ten years of tax Memo - City Council 2016 Proposed Preliminary Budget and Tax Levy 3 appeals were settled with the Ford Motor Plant earlier this year, which will impact the Fiscal Disparities pool and the Count-wide rates/values. TAKING A LOOK AT ARDEN HILLS LEVY TAX RATE HISTORY The State of Minnesota has granted local municipalities the authority to levy taxes to fund operations and debt payments. The City’s entire tax levy goes for General Fund expenditures. For the City of Arden Hills, the property tax levy accounts for approximately 79% of the General Fund revenues. Historically, the City does not use reserves to balance the City’s budget, however, due to the current economic environment $41,201 was used to balance the budget for 2010 and $20,000 was used in 2011, no reserves were used in 2012, $20,454 were used in 2013, no reserves were used for 2014, and $58,305 were used to balance the budget in 2015. The following table provides a historical view of the City’s property tax levies: % Year Tax Levy Change Tax Rate 2002 2,201,002$ -25.092% 2003 2,265,712$ 2.94%23.930% 2004 2,333,337$ 2.98%23.367% 2005 2,440,453$ 4.59%21.299% 2006 2,537,520$ 3.98%20.191% 2007 2,688,944$ 5.97%20.206% 2008 2,797,348$ 4.03%19.585% 2009 2,948,646$ 5.41%20.520% 2010 3,016,465$ 2.30%22.647% 2011 3,040,964$ 0.81%24.180% 2012 3,096,994$ 1.84%25.544% 2013 3,191,230$ 3.04%27.931% 2014 3,257,456$ 2.08%27.954% 2015 3,359,775$ 3.14%27.228% In 2009 the LJFD duty crew implementation began, while 2010 and 2011 saw the unallotment of the MVHC to cities. The City Council has been very conservative in budgeting and has reduced department budgets or used reserves to deal with the increased costs of our contracted services while still maintaining services the last few years. OPERATING BUDGET Salary and Benefits The 2016 preliminary budget has been prepared assuming a 3% wage adjustment for all staff. Union negotiations will be held this fall as the current contract will end on December 31, 2015 – it is unknown what the results of those negotiations will be. Our health insurance increase will be Memo - City Council 2016 Proposed Preliminary Budget and Tax Levy 4 General Fund Revenues Property Tax Levy 102,000$ Intergovernmental-Police Aid 11,331 Antenna Rentals 33,514 Fines and Forfeits (4,171) Other Misc Adjustments (354) 142,320$ 6.5% for 2016. It is still unknown at this time what the dental insurance increase will be so staff has used 10% for estimating purposes. This assumption has a total General Fund increase of $56,614 when including the new salary scale implementation that will continue into 2016. Total overall effect on salaries and benefits is a $101,305 increase over the 2015 budget but this also includes the changes made with the implementation in 2015 of the new compensation plan. General Fund Revenues and expenditures are shown in the following table. We have highlighted the impact of the tax levy and the proposed budget on the next page to give you a brief overview. Staff can discuss any questions with the City Council during the meeting. City of Arden Hills General Fund Actual Actual Budget Amended Year To Date Proposed % Change FY 2013 FY 2014 FY 2015 FY2015 06/30/2015 FY 2016 15 vs 16 Revenues Taxes Taxes 3,086,064 3,210,026 3,389,875 3,389,875 325,791 3,491,875 3.01% Licenses and Permits 382,038 327,726 273,730 273,730 298,505 265,530 -3.00% Other Intergovernmental 120,811 136,249 125,328 125,328 94,893 141,659 13.03% Charges for Services 487,569 510,347 439,943 439,943 288,907 476,302 8.26% Fines & Forfeits 32,056 29,569 38,740 38,740 21,180 34,569 -10.77% Special Assessments 3,225 2,244 3,000 3,000 - 3,000 0.00% Miscellaneous (10,335) 88,405 80,355 80,355 39,205 80,355 0.00% Transfers - - - - - - 0.00% Total Revenues 4,101,427$ 4,304,566$ 4,350,971$ 4,350,971$ 1,068,480$ 4,493,291$ 3.27% Expenditures by Category Personal Services 1,329,650$ 1,400,601$ 1,436,571$ 1,436,571$ 601,322$ 1,498,764$ 4.33% Materials and Supplies 176,728 206,106 157,940 157,940 46,592 160,246 1.46% Other Services and Charges 2,310,255 2,505,384 2,734,765 2,734,765 1,140,111 2,824,607 3.29% Capital Outlay - - - - - - 0.00% Transfers 270,000 212,417 80,000 80,000 - 210,000 162.50% Contingency/Reserves - - - - - - 0.00% Other Financing Uses - - - - - - 0.00% Total Expenditures 4,086,632$ 4,324,508$ 4,409,276$ 4,409,276$ 1,788,024$ 4,693,617$ 6.45% Fund Balance - January 1 2,350,919 2,365,714 2,345,772 2,345,772 2,345,772 2,287,467 Excess Revenue Over Expenditure 14,795 (19,942) (58,305) (58,305) (719,544) (200,326) Fund Balance - December 31 2,365,714$ 2,345,772$ 2,287,467$ 2,287,467$ 1,626,228$ 2,087,141$ Revenues All revenue items were evaluated based on current economic conditions and past trends. The most notable item is the proposed tax levy which equates to $102,000 in additional revenue over last year’s levy. As shown in the box to the left, Police Aid is estimating to increase (we receive this as part of the Sheriff’s contract group), Antenna Revenues have increased with the new negotiated contracts and Fines and Forfeits have decreased. Memo - City Council 2016 Proposed Preliminary Budget and Tax Levy 5 General Fund Expenditures Salary & Benefits 56,614$ Public Safety Contract Incr.54,039 City Hall Maintenance 10,000 EDA Transfer 30,000 PIR Transfer 100,000 Other Misc Adjustments 33,688 284,341$ Expenditures Public Safety costs are set to increase by 7.85% for Fire, 1.81% for the Sheriff contract, and Dispatch will decrease by 2.43%. This alone would amount to a 1.6% increase to the levy. City Hall is now 15 years old and seeing increased maintenance costs. The EDA approved a preliminary budget with an increased transfer from the General Fund as the Round Lake TIF District will expire in 2015 leaving no other revenue source. Staff has included a transfer from the general fund to the PIR Fund for infrastructure/capital reserves. Issues to Consider A 1% increase in wages on the General Fund is $9,500 and City-Wide $13,500. Benefit increases amounts to a $11,338 increase in the General Fund and $13,928 City-Wide. As previously mentioned, the Round Lake TIF District is coming back on the tax rolls, this increases our Net Tax Capacity which gives the Council the opportunity to increase the levy without impacting the tax rate. A 6.5% levy increase amounts to no impact to the tax rate. Staff has prepared a number of sample levy increases to help aid in the discussion. Memo - City Council 2016 Proposed Preliminary Budget and Tax Levy 6 Sample Levy Increases 1% Levy Increase ($35,000) Actual Proposed % Item Pay 2015 Pay 2016 Change (A)(B)(C) 1.Levy before reduction for state aids $3,359,775 $3,394,775 1.0% 2.State Aids - $0 $0 0.0% 3.Certifed Property Tax Levy = $3,359,775 $3,394,775 1.0% 4.Fiscal Disparity Portion of Levy - $248,682 $264,113 6.2% 5.Local Portion of Levy = $3,111,093 $3,130,662 0.6% 6.Local Taxable Value ÷ 11,425,974 12,163,391 6.5% 7.Local Tax Rate = 27.228%25.738%-5.5% 8.Market Value Referenda Levy $0 $0 0.0% 9.Fiscal Disparity Portion of Levy (SDs only)- $0 $0 0.0% 10.Local Levy = $0 $0 0.0% 11.Referenda Market Value ÷ 1,119,584,100 1,144,235,400 2.2% 12.Market Value Referenda Rate = 0.00000%0.00000%0.0% Taxable Taxing Market Homestead Taxable District Value Exclusion Market Tax Net B/4 Credit Credit Value Capacity Tax Proposed Pay 2016 Pay 2013 MV 76,000@.40%500,000@1.0%(B7 x G) + X 0.988 - rem up to 413799 @.09%(D - E)rem @ 1.25%(B12 x D)Annual Increase Monthly incr.Annual Increase Monthly incr.Annual IncreaseMonthly incr. Estimated Tax District rate as % of total rate: 150,000 23,740 126,260 1,263 $325.07 ($10.65)(0.89)$ ($14.27)(1.19)$ $3.62 0.30$ 300,300 10,213 290,087 2,901 $746.66 ($27.70)(2.31)$ ($36.03)(3.00)$ $8.33 0.69$ 350,000 5,740 344,260 3,443 $886.16 ($32.79)(2.73)$ ($42.67)(3.56)$ $9.88 0.82$ 500,000 - 500,000 5,000 $1,286.90 ($50.54)(4.21)$ ($64.89)(5.41)$ $14.35 1.20$ 750,000 - 750,000 8,125 $2,091.21 ($75.87)(6.32)$ ($99.19)(8.27)$ $23.32 1.94$ Impact from Market Shifts Total Change and Fiscal Disparities Impact from Levy Incr 2% Levy Increase ($68,000) Actual Proposed % Item Pay 2015 Pay 2016 Change (A)(B)(C) 1.Levy before reduction for state aids $3,359,775 $3,427,775 2.0% 2.State Aids - $0 $0 0.0% 3.Certifed Property Tax Levy = $3,359,775 $3,427,775 2.0% 4.Fiscal Disparity Portion of Levy - $248,682 $264,113 6.2% 5.Local Portion of Levy = $3,111,093 $3,163,662 1.7% 6.Local Taxable Value ÷ 11,425,974 12,163,391 6.5% 7.Local Tax Rate = 27.228%26.010%-4.5% 8.Market Value Referenda Levy $0 $0 0.0% 9.Fiscal Disparity Portion of Levy (SDs only)- $0 $0 0.0% 10.Local Levy = $0 $0 0.0% 11.Referenda Market Value ÷ 1,119,584,100 1,144,235,400 2.2% 12.Market Value Referenda Rate = 0.00000%0.00000%0.0% Taxable Taxing Market Homestead Taxable District Value Exclusion Market Tax Net B/4 Credit Credit Value Capacity Tax Proposed Pay 2016 Pay 2013 MV 76,000@.40%500,000@1.0%(B7 x G) + X 0.988 - rem up to 413799 @.09%(D - E)rem @ 1.25%(B12 x D)Annual Increase Monthly incr.Annual Increase Monthly incr.Annual IncreaseMonthly incr. Estimated Tax District rate as % of total rate: 150,000 23,740 126,260 1,263 $328.51 ($7.21)(0.60)$ ($14.27)(1.19)$ $7.06 0.59$ 300,300 10,213 290,087 2,901 $754.55 ($19.81)(1.65)$ ($36.03)(3.00)$ $16.22 1.35$ 350,000 5,740 344,260 3,443 $895.52 ($23.43)(1.95)$ ($42.67)(3.56)$ $19.24 1.60$ 500,000 - 500,000 5,000 $1,300.50 ($36.94)(3.08)$ ($64.89)(5.41)$ $27.95 2.33$ 750,000 - 750,000 8,125 $2,113.31 ($53.77)(4.48)$ ($99.19)(8.27)$ $45.42 3.79$ Impact from Market Shifts Total Change and Fiscal Disparities Impact from Levy Incr Memo - City Council 2016 Proposed Preliminary Budget and Tax Levy 7 3% Levy Increase ($102,000) Actual Proposed % Item Pay 2015 Pay 2016 Change (A)(B)(C) 1.Levy before reduction for state aids $3,359,775 $3,461,775 3.0% 2.State Aids - $0 $0 0.0% 3.Certifed Property Tax Levy = $3,359,775 $3,461,775 3.0% 4.Fiscal Disparity Portion of Levy - $248,682 $264,113 6.2% 5.Local Portion of Levy = $3,111,093 $3,197,662 2.8% 6.Local Taxable Value ÷ 11,425,974 12,163,391 6.5% 7.Local Tax Rate = 27.228%26.289%-3.4% 8.Market Value Referenda Levy $0 $0 0.0% 9.Fiscal Disparity Portion of Levy (SDs only)- $0 $0 0.0% 10.Local Levy = $0 $0 0.0% 11.Referenda Market Value ÷ 1,119,584,100 1,144,235,400 2.2% 12.Market Value Referenda Rate = 0.00000%0.00000%0.0% Taxable Taxing Market Homestead Taxable District Value Exclusion Market Tax Net B/4 Credit Credit Value Capacity Tax Proposed Pay 2016 Pay 2013 MV 76,000@.40%500,000@1.0%(B7 x G) + X 0.988 - rem up to 413799 @.09%(D - E)rem @ 1.25%(B12 x D)Annual Increase Monthly incr.Annual Increase Monthly incr.Annual IncreaseMonthly incr. Estimated Tax District rate as % of total rate: 150,000 23,740 126,260 1,263 $332.03 ($3.69)(0.31)$ ($14.27)(1.19)$ $10.58 0.88$ 300,300 10,213 290,087 2,901 $762.64 ($11.72)(0.98)$ ($36.03)(3.00)$ $24.31 2.03$ 350,000 5,740 344,260 3,443 $905.13 ($13.82)(1.15)$ ($42.67)(3.56)$ $28.85 2.40$ 500,000 - 500,000 5,000 $1,314.45 ($22.99)(1.92)$ ($64.89)(5.41)$ $41.90 3.49$ 750,000 - 750,000 8,125 $2,135.98 ($31.10)(2.59)$ ($99.19)(8.27)$ $68.09 5.67$ Impact from Market Shifts Total Change and Fiscal Disparities Impact from Levy Incr 6.5% Levy Increase which would keep the Tax Rate Flat ($217,000) Actual Proposed % Item Pay 2015 Pay 2016 Change (A)(B)(C) 1.Levy before reduction for state aids $3,359,775 $3,576,775 6.5% 2.State Aids - $0 $0 0.0% 3.Certifed Property Tax Levy = $3,359,775 $3,576,775 6.5% 4.Fiscal Disparity Portion of Levy - $248,682 $264,113 6.2% 5.Local Portion of Levy = $3,111,093 $3,312,662 6.5% 6.Local Taxable Value ÷ 11,425,974 12,163,391 6.5% 7.Local Tax Rate = 27.228%27.235%0.0% 8.Market Value Referenda Levy $0 $0 0.0% 9.Fiscal Disparity Portion of Levy (SDs only)- $0 $0 0.0% 10.Local Levy = $0 $0 0.0% 11.Referenda Market Value ÷ 1,119,584,100 1,144,235,400 2.2% 12.Market Value Referenda Rate = 0.00000%0.00000%0.0% Taxable Taxing Market Homestead Taxable District Value Exclusion Market Tax Net B/4 Credit Credit Value Capacity Tax Proposed Pay 2016 Pay 2013 MV 76,000@.40%500,000@1.0%(B7 x G) + X 0.988 - rem up to 413799 @.09%(D - E)rem @ 1.25%(B12 x D)Annual Increase Monthly incr.Annual Increase Monthly incr.Annual IncreaseMonthly incr. Estimated Tax District rate as % of total rate: 150,000 23,740 126,260 1,263 $343.98 $8.26 0.69$ ($14.27)(1.19)$ $22.53 1.88$ 300,300 10,213 290,087 2,901 $790.09 $15.73 1.31$ ($36.03)(3.00)$ $51.76 4.31$ 350,000 5,740 344,260 3,443 $937.70 $18.75 1.56$ ($42.67)(3.56)$ $61.42 5.12$ 500,000 - 500,000 5,000 $1,361.75 $24.31 2.03$ ($64.89)(5.41)$ $89.20 7.43$ 750,000 - 750,000 8,125 $2,212.84 $45.76 3.81$ ($99.19)(8.27)$ $144.95 12.08$ Impact from Market Shifts Total Change and Fiscal Disparities Impact from Levy Incr Memo - City Council 2016 Proposed Preliminary Budget and Tax Levy 8 2016 Rate Increases Water 2% Sanitary Sewer 2% Surface Water 3% Other Funds We have had previous discussion on the EDA Funds at the last EDA meeting. Capital Funds were discussed for 2016 at our July worksession during the Capital Improvement Plan (CIP) review. It should be noted that staff has included a transfer from the General Fund in this proposal to build reserves. Enterprise Funds are being evaluated and changes made to accurately reflect economic conditions and historical trends and any increase that may be passed through to us by other agencies. GENERAL INFORMATION A final levy is established and certified in December. As Council knows, once a preliminary levy is established, the amount can be reduced, but it cannot be increased. DIRECTION REQUESTED: 1. Discussion with staff regarding the 2016 preliminary levy and motion to adopt Resolution 2015-04, setting the Preliminary Levy for Taxes Payable in 2016. 2. Motion to adopt Resolution 2015-042, adopting Truth In Taxation Public Hearing Date for Proposed Taxes Payable in 2016. CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2015-041 A RESOLUTION SETTING THE PRELIMINARY LEVY FOR TAXES PAYABLE IN 2016 BE IT RESOLVED by the Arden Hills City Council that the following proposed sums of money be levied for levy year 2015 payable in 2016 upon taxable property in said City of Arden Hills for the following purposes: CERTIFIED LEVY AMOUNT General Fund $3,461,775 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28th DAY OF SEPTEMBER, 2015. __________________________________________ David Grant, Mayor ATTEST: _______________________________________ Amy Dietl, City Clerk CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2015-042 RESOLUTION ADOPTING TRUTH IN TAXATION PUBLIC HEARING DATE FOR PROPOSED TAXES PAYABLE IN 2016 BE IT RESOLVED by the Arden Hills City Council that the following Truth in Taxation Public Hearing date, time and place for proposed property taxes payable in 2016 be certified to the Ramsey County Auditor and that notice of the Public Hearing be published in accordance with Minnesota Statute. Public Hearing Date: December7, 2015 Time: 7:00 P.M. Place: Council Chambers 1245 West Highway 96 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28th DAY OF SEPTEMBER, 2015. __________________________________________ David Grant, Mayor ATTEST: _______________________________________ Amy Dietl, City Clerk Bench handout provided FromWarren Pakulski SktbjedL Re:Cattail Pond on 96 by Warren Pakulski DateSeptember 7,2015 at 9:46 AM To: David Grant 13cyl,,a Any possibilities? Thanks for your time, David! Warren On Aug 1, 2015, at 11:32 AM, David Grant<,-1 > wrote: Hi Warren, I will look into this, Commissioner Huffman and I have a meeting this Monday night. Regards, David Grant On Mon, Jul 27, 2015 at 10:24 AM, Warren Pakulski <y-,,,arren12&ut, z. !De, 0r11> wrote: Mayor Grant, on the south side of 96 a block before the intersection of 96 and Lexington Ave, across from the MN National Guard building is a small cattail pond. This pond has been a water collection for the Pleasant streets and Karth streets in the subdivision, The Metro Mosquito Control People come through 4 times a year. When the 96 road construction was done, we saw a lot of dirt and stuff come into the pond. Since that time the Cattails have been taking over and squeezing the surface water out. Our fear is that the pond will look like the west end a snail lake with all the weeds, reeds and cattails squeezing the water out. You are probably saying, so what? be able(;n I have lived at 4545 Pleasant DR since 1997. 1 was fortunate enough to imy home in the basement walkout facing the pond. During that time I have noticed the wild life that calls the pond home especially for reproducing. Right now I am looking at a hen turkey and 4 baby turkeys walking through my back yard eating bugs. Over the years I've seen hundreds of ducks, redwing black birds, frogs, deer, red tailed hawks, falcons, red foxes, and others use this pond area to reproduce. In fact, some neighbors even made a skating rink out of the pond in the winter. In the Arden Hills newsletter, I saw some work was done with Karth Lake to improve and clean it up. Are there any funds, from the Watershed District, or from the Minnesota Clean Water, Environment and Natural Resources Trust Fund, to repair this small but all so important wild life area? Maybe Blake Huffman could see it Ramsey County could help too. Thanks for listening. I just hate to see this valuable wildlife resource disappear. Wan-en, Pakulski 4545 Pleasant DR Arden Hills MN 55112, �a Minnesota Wetlands populated,ailin in f9 areas By Steve Karnowski percent of the state's wetlands "That Prairie Pothole area is Associated Press overall,meaning they support the Number One priority for diverse and healthy plant Ducks Unlimited in our con- Minnesota's wetlands are communities and are essen- servation area," Tori said. healthy overall but are suffer- tially in their native states. "Although the report may ing in agricultural and popu- However, 33 percent are in indicate their health isn't well, lated areas, the Minnesota fair or poor condition, mean- we remain pretty optimistic Pollution Control Agency said ing their vegetation is degrad- that we have some pretty in a pair of reports released ed from the original state and good tools to help things out Thursday just ahead of the non-native invasive plants on the landscape." waterfowl season. such as cattails and reed Those tools include incen- The reports paint a picture canary grass are pushing out fives in the 2014 farm bill for of two distinct parts of Min- native plants. farmers to improve their wet- nesota. Around three-fourths Fertilizer runoff from agri- lands and money from the a of the state's wetlands are in culture and other sources is state's Legacy Amendment d north-central and northeast- aggravating the problem, the that's available for wetland o ern Minnesota, mainly forest- two reports suggested. restoration,he said. E ed areas where they've "Excess phosphorus and Minnesota has lost about > thrived because of less devel- nitrogen levels from runoff half the wetlands it had prior opment and less-intensive pose a significant threat to to European settlement to land use. The reports said 80 the biological integrity of draining and filling for agri- percent of the state's other these wetlands," Michael culture and urban develop- . wetlands — in heavily agri- Bourdaghs, author of the ment. It now has about 10.6 cultural and more populated report on vegetation quality, million acres of wetlands, by 3 parts of central,southern and said in a statement. the Department of Natural J western Minnesota — aren't Ducks Unlimited hasn't had Resources' estimates. The ! faring nearly as well. time to review the studies in state's main focus so far has l The broader of the two detail, said Gildo Tori, the been on trying to preserve or 4 reports used vegetation qual- group's regional director of increase its wetland acreage, s ity as a key indicator, partly public policy.But he said that a no-net-loss of quantity poli- because it can affect a wet- many of those stressed wet- cy. But the MPCA recom- land's value as habitat for lands are located where the mended placing a greater °i ducks, geese, insects and Prairie Pothole Region, a cru- emphasis on promoting no- other wildlife. cial waterfowl habitat, over- net-loss of quality. It rated vegetation quality laps western and southern Minnesota's.waterfowl hunt- as "exceptional" in about 49 Minnesota. ing season opens Saturday. Pitter Patter. Celebrations. i Announce Call 651 -222-1111 your new for an order ►r arrival o form today. � I the world. PIONEER PRESS TwinCities=�com i