Loading...
HomeMy WebLinkAbout01-27-2020-RAPPROVAL OF AGENDA PUBLIC INQUIRIES/INFORMATIONAL 7KLV LV DQ RSSRUWXQLW\IRU FLWL]HQV WR EULQJ WR WKH RXQFLO ¶s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each SHUVRQ ZLVKLQJ WR DGGUHVV WKH RXQFLO VSHDNHUV PXVW OLPLW WKHLU FRPPHQWV WR WKUHH 3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting. RESPONSE TO PUBLIC INQUIRIES PUBLIC PRESENTATIONS Ramsey County Commissioner Update Dave Perrault, City Administrator MEMO.PDF STAFF COMMENTS Rice Creek Commons (TCAAP) And Joint Development Authority (JDA) Update Dave Perrault, City Administrator Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung 6WHYH 6FRWW Regular City Council Agenda DQXDU\ 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. 4. 4.A. Documents: 5. 5.A. Documents: MEMO.PDF APPROVAL OF MINUTES January 13, 2020 Special City Council Executive (Closed) 01 -13 -2020 -SEC.PDF January 13, 2020 Regular City Council 01 -13 -2020 -R.PDF CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the LW\RXQFLO DQG ZLOO EH HQDFWHG E\RQH PRWLRQ XQGHU D RQVHQW DOHQGDU IRUPDW 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. Motion To Approve Claims And Payroll Gayle Bauman, Finance Director CLAIMS AND PAYROLL 01 -27 -2020.PDF Motion To Approve Resolution 2020 -007 Appointing Micah Kiernan To The Parks, Trails And Recreation Committee (PTRC) Sara Knoll, Recreation Coordinator 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 Chapter 12 Sign Code Amendment Mike Mrosla, Community Development Manager/City Planner 6. 6.A. Documents: 6.B. Documents: 7. 7.A. Documents: 7.B. Documents: 8. 9. 9.A. MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF NEW BUSINESS Ordinance No. 2020 -001 Amending Chapter 12 Sign Code And Authorizing Publication Of Summary Ordinance Mike Mrosla, Community Development Manager/City Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Documents: 10. 10.A. Documents: 11. 12. Page 1 of 1 38%/,&35(6(17$7,21 – A MEMORANDUM DATE: TO: FROM: DQXDU\ Honorable Mayor and City Councilmembers Dave Perrault, City Administrator SUBJECT: 5DPVH\RXQW\RPPLVVLRQHU 8SGDWH Budgeted Amount: Actual Amount: Funding Source: 5DPVH\RXQW\RPPLVVLRQHU 1LFROH UHWKHP ZLOO JLYH D verbal update DW WKe City Council meeting. Page 1 of 1 STAFF COMMENTS – A MEMORANDUM DATE: TO: FROM: DQXDU\ Honorable Mayor and City Councilmembers Dave Perrault, City Administrator SUBJECT: Rice Creek Commons (TCAAP) and Joint Development Authority (JDA) Update Budgeted Amount: Actual Amount: Funding Source: A verbal update will be provided at the City Council meeting. Approved: January 27, 2020 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL EXECTUVE SESSION (CLOSED) JANUARY 13, 2020 6:00 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the Special City Council Executive Session (Closed) at 6:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Steve Scott Excused: None Also present: City Administrator Dave Perrault; Finance Director Gayle Bauman; Community Development Manager/City Planner Mike Mrosla; and Attorneys Samuel Clark and John Baker, Green Espel 1. AGENDA ITEMS A. TCAAP Litigation Discussion The City Council received an update from Counsel Baker and Clark and discussed TCAAP litigation. 2. COUNCIL/STAFF COMMENTS None. ADJOURN Mayor Grant adjourned the Special City Council Executive Session (Closed) at 6:55 p.m. Dave Perrault David Grant City Administrator Mayor Approved: January 27, 2020 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JANUARY 13, 2020 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 Steve Scott Absent: None Also present: City Administrator Dave Perrault; Interim Public Works Director/City Engineer Todd Blomstrom; Finance Director Gayle Bauman; Community Development Manager/City Planner Mike Mrosla; City Clerk Julie Hanson; Senior Engineering Technician David Swearingen; and Associate Planner Joe Hartmann PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested Item 6O – Accepting the Resignation of a Public Works Maintenance Worker be added to the Consent Agenda. Mayor Grant requested Item 6P – Authorization to Appoint a Public Works Director/City Engineer be added to the Consent Agenda. Councilmember Holmes requested Items 6G, 6J, 6K and 6N be pulled from the Consent Agenda for further discussion. Councilmember Holden requested Item 6P be pulled from the Consent Agenda for further discussion. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL – JANUARY 13, 2020 2 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. RESPONSE TO PUBLIC INQUIRIES None. 4. STAFF COMMENTS A. Rice Creek Commons (TCAAP) and Joint Development Authority (JDA) Update City Administrator Perrault provided an update on TCAAP stating litigation with Ramsey County was ongoing. 5. APPROVAL OF MINUTES A. December 9, 2019, Regular City Council B. December 16, 2019, City Council Work Session C. December 16, 2019, Special City Council MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the December 9, 2019, Regular City Council meeting minutes, December 16, 2019, City Council Work Session meeting minutes; and December 16, 2019, Special City Council meeting minutes as presented. The motion carried unanimously (5-0). 6. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve Pay Equity Report C. Motion to Approve Northeast Youth and Family Services 2020 Contract D. Motion to Adopt Resolution 2020-001 – Relating to the 2020 Organization of the City of Arden Hills E. Motion to Approve Resolution 2020-002 – Relating to the Appointments to the Commissions and Committees of the City F. Motion to Approve Resolution 2020-003 – Planning Case 19-015 – Variance at 3244 Sandeen Road G. Motion to Approve Professional Services Contract with WSB – Environmental Investigation – Old Snelling Avenue and County Road E Improvements H. Motion to Approve Ramsey County Shared Services Agreement I. Motion to Approve Payment No. 3 – Bituminous Roadways – Tennis Court Improvements at Cummings and Royal Hills Park J. Motion to Approve Change Order No. 5 – Trunk Highway 10 Watermain Improvements Project K. Motion to Approve Payment No. 9 and Change Order Nos. 6 and 7 – Sunram Construction – Old Snelling Trail and Watermain Improvement Project ARDEN HILLS CITY COUNCIL – JANUARY 13, 2020 3 L. Motion to Approve Resolution 2020-005 Establishing the Locations of Precinct 1, Precinct 2 and Precinct 3 Polling Places M. Motion to Approve Resolution 2020-006 Approving Comprehensive Sanitary Sewer Plan N. Motion to Approve Resolution 2020-004 – Conditional Use Permit Amendment – Planning Case 19-017 – 1261 West County Road E O. Motion to Accept the Resignation of a Public Works Maintenance Worker P. Motion to Authorize the Appointment of the Public Works Director/City Engineer MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 7. PULLED CONSENT ITEMS A. Motion to Approve Professional Services Contract with WSB – Environmental Investigation – Old Snelling Avenue and County Road E Improvements Councilmember Holmes questioned if it was premature to approve this contract when the project has been delayed by a year. She noted there were a number of items regarding the trail improvements that had not yet been finalized and for this reason, she recommended action on this item be postponed. Interim Public Works Director/City Engineer Blomstrom reported the City is in the early stages of planning this project. He understood there were a number of improvements that had yet to be finalized. He commented the challenge the City encountered with this project was that when the soil borings were completed, hydrocarbons were noted throughout the project corridor and the City needs to investigate the potential contamination. He stated the staff’s recommendation was that the environmental investigation proceed in order to better understand what has occurred on the site. Councilmember Holmes stated she could support the environmental work going forward. MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to approve a Professional Services Contract with WSB for Environmental Investigation for the Old Snelling Avenue and County Road E Improvements. The motion carried (5-0). B. Motion to Approve Change Order No. 5 – Trunk Highway 10 Watermain Improvements Project Councilmember Holmes expressed frustration with the fact the City was routinely accepting change orders for improvement projects. She understood that sometimes change orders were necessary but she believed the City was accepting too many. She questioned why the City was required to pay an incentive that was promised by MnDOT. ARDEN HILLS CITY COUNCIL – JANUARY 13, 2020 4 Interim Public Works Director/City Engineer Blomstrom stated he understood the concerns regarding change orders. He explained change orders were almost always adding or changing a contract because of something that was discovered during construction. He indicated a rare exception was for density incentives for bituminous paving. He discussed the density specifications required by MnDOT and noted if a contractor was able to meet a certain density within its paving the contractor was eligible for an incentive. He reported the proposed Change Order would adjust the payment amount in order to pay the contractor for the City’s portion of the density incentive. Councilmember Holden asked why the City had to pay for temporary facilities for MnDOT projects. Interim Public Works Director/City Engineer Blomstrom commented on the table he completed for the change orders noting a history of the change orders was provided for the City Council. He explained Change Order 3 related to the replacement of a City watermain. He noted the replacement of a City watermain and the necessary temporary facilities were the responsibility of the City and not MnDOT. Councilmember Holden encouraged staff not to minimize the percentage or expense of change orders because real money from the City was being spent. Interim Public Works Director/City Engineer Blomstrom explained he was not trying to minimize the amount being spent but rather was working to show the Council how the project was performing in terms of change orders compared to the original contract amount. MOTION: Councilmember Holmes moved and Councilmember McClung seconded a motion to approve Change Order No. 5 for the Trunk Highway 10 Watermain Improvement Project. The motion carried (5-0). C. Motion to Approve Payment No. 9 and Change Order Nos. 6 and 7 – Sunram Construction – Old Snelling Trail and Watermain Improvement Project Councilmember Holmes expressed concern regarding change orders. She discussed Change Order 6 and asked why an additional 21 storm sewer catch basins were needed. Interim Public Works Director/City Engineer Blomstrom stated that while the project pre- dates him, the number of catch basins are determined based on the volume of runoff and grade of the roadway. He noted trench drains were originally planned for this project but after further considering the expense for trench drains, the project substituted storm sewer catch basins. He noted it was more work for the contractor to install curb while placing the 21 catch basins than the originally planned trench basins. Councilmember Holmes requested further information on Payment No. 9. She stated she understood there were problems with this project, but she did not want the City paying any more money than was necessary. ARDEN HILLS CITY COUNCIL – JANUARY 13, 2020 5 Interim Public Works Director/City Engineer Blomstrom explained the proposed payment for 178,235.28 was for Change Order 6, Change Order 7 (a fence repair), revised quantities for building materials and the 5% construction amount that was held in retainage by the City, less 50,000. Mayor Grant agreed with Councilmember Holmes that this staff memo was not well constructed and he was unclear about what was being covered through Payment No. 9. Councilmember Holden commented City staff ended up cleaning up a large amount of materials and asked if the City would be receiving any reimbursement for this time. Interim Public Works Director/City Engineer Blomstrom reported how the City arrived at the 50,00 number and noted the City had retained this amount from the contractors escrow. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve Payment No. 9 and Change Orders Nos. 6 and 7 to Sunram Construction for the Old Snelling Trail and Watermain Improvement Project. The motion carried (5-0). D. Motion to Approve Resolution 2020-004 – Conditional Use Permit Amendment – Planning Case 19-017 – 1261 West County Road E Councilmember Holmes requested Condition 5 remain in the recommendation for approval. Community Development Manager/City Planner Mrosla explained Condition 5 was recommended by staff and the Planning Commission suggested it be removed. He noted the condition was recommended by staff in the event times and conditions change and the City needed to regulate the number of animals onsite. He indicated Condition 5 could be added to the motion for approval as Condition 10. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to adopt Resolution #2020-004, approving a Conditional Use Permit Amendment at 1261 West County Road E. AMENDMENT: Councilmember Holmes moved and Councilmember Holden seconded a motion to amend the Resolution to include Condition 10 which would read: If nuisance complaints are received, the City Council may amend this Conditional Use Permit establishing a maximum number of animals kenneled overnight by a Council Resolution. The amendment carried (5-0). AMENDMENT: Mayor Grant moved and Councilmember McClung seconded a motion to amend Condition 6 to read: six foot fence. The amendment carried (5-0). ARDEN HILLS CITY COUNCIL – JANUARY 13, 2020 6 The amended motion carried (5-0). E. Motion to Authorize the Appointment of the Public Works Director/City Engineer Councilmember Holden stated one of the reasons the City used to have a City Engineer and an Assistant City Engineer was to allow the City to complete projects in-house. She expressed concern with the fact that staff was still sending projects out for bids when Arden Hills had an engineer to complete this work. Mayor Grant reported it was indicated the City would be pulling more projects in-house with new staff going forward. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to Authorize the Appointment of Todd Blomstrom to the position of Public Works Director/City Engineer. The motion carried (5-0). 8. PUBLIC HEARINGS None. 9. NEW BUSINESS None. 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS Councilmember Scott wished everyone a Happy New Year. He commented on the importance of the 2020 census and encouraged all residents to stand up and be counted. Councilmember Scott thanked all of the Commission and Committee volunteers for serving the community in a dedicated manner. He then welcomed Public Works Director/City Engineer Blomstrom to the City of Arden Hills. Councilmember McClung wished everyone a Happy New Year and stated he was happy to be back from his surgery that occurred in December. Councilmember McClung welcomed Public Works Director/City Engineer Blomstrom to the City. Councilmember McClung commented on the upcoming election and encouraged residents to get involved in the presidential primary. He noted the City had approved new polling locations and this information would be sent out to residents. ARDEN HILLS CITY COUNCIL – JANUARY 13, 2020 7 Councilmember Holmes welcomed Mr. Blomstrom to the City of Arden Hills. Councilmember Holmes reported the City was still collecting broken Christmas lights for recycling. Councilmember Holmes noted at the last Planning Commission meeting the group discussed the City’s sign ordinance and recommended the Council discuss this matter further at a future work session. Mayor Grant reported the City Council would be discussing the sign ordinance at the January 21, 2020 work session. Councilmember Holden welcomed Public Works Director/City Engineer Blomstrom to the City. Councilmember Holden requested an update on the house on County Road E. City Administrator Perrault reported an arraignment was held on December 11, 2019 and a pre- trial hearing would be held in February of 2020. Mayor Grant congratulated Public Works Director/City Engineer Blomstrom on his new position with the City. Mayor Grant noted he met with Ramsey County Commissioner Nicole Frethem over the holidays and she is planning to attend a future meeting. Mayor Grant commented he was hopeful the City’s new polling places would serve the residents of Arden Hills well. ADJOURN MOTION: Councilmember Holmes moved and Councilmember McClung seconded a motion to adjourn. The motion carried unanimously (5-0). Mayor Grant adjourned the Regular City Council Meeting at 7:55 p.m. Julie Hanson David Grant CityClerk Mayor CONSENT ITEM 7A MEMORANDUM DATE: January 27, 2020 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst SUBJECT: Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider A. Approve Claims and Payroll or B. Reject Claims and Payroll Background Payroll is processed biweekly and accounts payable is processed weekly. Budget Impact NA Attachments 2020 Payroll #2 ……………………………………………………………. $88,213.41 Total Payroll $88,213.41 Paid Claims---01/04/2020 through 01/17/2020 Check Nos. 49028-49069 and ACH Checks) ……………………………... $410,744.04 Total Accounts Payable $410,744.04 Total Claims $498,957.45 CITY OF ARDEN HILLS PAYROLL # 2 CHECKS DATED: 01/24/20 Biweekly: 01/04/20 - 01/17/20 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 6,813.69 EFT SIT 3,034.18 EFT FICA Oasdi 4,606.18 EFT FICA Medicare 1,077.26 EFT TOTAL TAXES 15,531.31 Health Premium 1,391.43 A/P Check* Dental Premium 241.04 A/P Check* FSA Health Care Reimb. 0.00 A/P Check* FSA Dependent Care Reimb. 208.33 A/P Check* TOTAL FLEXIBLE SPENDING 1,840.80 HSA Health Saving 378.33 Health Care Savings Plan-Retirement 0.00 EFT Health Care Savings Plan-2% 427.68 EFT Health Care Savings Plan-4% 388.03 EFT TOTAL HEALTH SAVINGS 1,194.04 PERA 4,463.59 EFT ICMA 2,577.99 EFT Central Pension Fund-Union 518.88 A/P Check* MN State Retirement System 750.00 EFT TOTAL RETIREMENT 8,310.46 IUOE 49 Dues (Union) 122.50 A/P Check* LTD/STD Insurance 0.00 A/P Check* PERA Life Insurance 32.00 A/P Check* Life/Addl/Dep Life 77.94 A/P Check* Life/Addl non-tax 28.20 A/P Check* UNUM 19.51 A/P Check* AFLAC 22.76 EFT TOTAL VOLUNTARY 302.91 Total Employee Deductions 27,179.52 Net Payroll 0.00 Direct Deposit 49,810.38 EFT Gross Payroll Tie-Out 76,989.90 Plus City Paid Benefit 11,223.51 TOTAL PAYROLL COST 88,213.41 FICA TIE-OUT Gross Payroll 76,989.90 Less Total FSA 1,840.80 Less Total H.SA 1,194.04 Less Voluntary Ins 50.96 Plus ICMA Employer 389.76 Net P/R Subject to FICA 74,293.86 FICA Oasdi @ 6.20% 4,606.18 FICA Medicare @ 1.45% 1,077.26 Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax Deposit Service. Transfers are typically made up to two 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 5,150.31 5,540.07 0.00 0.00 0.00 5,683.44 CITY BENEFIT 4,606.18 1,077.26 0.00 389.76 0.00 0.00 0 1 2 1 2 1 2 3 0 34 3 23#4 5 6 2#0 4 3 322 2 7 8 443 2 4# 443 443 3 2 443 432 443 2&2 443 4# 443 3 4#4 0 23 4 0 43 4 43 4* 3 -0 2 2 2#4 4# 2 2 33 4 2 2 33 3 3*3 0 5 4&22 59 5 0 8(4 59 5 0 8(2 59 5 0 8(3 59 5 0 8(42 3 3 3 0 5 9 2# 59 5 0 8(4 59 5 0 8(4 3 2 59 5 0 8(32 59 5 0 8(44 4 2*3 23# *0 24 5 2 3 24 5 4 4 2423# 2& 5 11 0 3 4"44 3# 44 3#*2& 2# !4 3 4 3 @-:0 5"0-">2 5"2 3 *0( 5"2&1 3 3 A 0 4 !3 3 4 @ 0 1 1 4 44 4 A 0 2 2 +4 44 3 0 22#4 B C 4 43 11 0> 0 2 2 3 0 4 5 3 3 6 1 4 4 4*3 1 0 0(0 5 3 310 00 *0 0 0 2# 2#00 4&# - 2 C 8?D 42 424&# 4 C 0 2"4&2 2*4 3 52& 3 2& 12& 2& C 02& 3 8 2 8 2& A 02& 2 -3 3& 4 23 4 3 -2 2& 2 32& C C2& 2 4 4*2& 22& C 34 2 323 4 4&*2& 52&2 5 5 22 3 22 32&2 34 C A 02& 432 2& 223 0 8 1 2&C 02&4 C 0 3/22 2 C 0 2 22&4 0>*A1 82&3 2 22&3 1 C 02& 4&&& 8E 2 22& 22 02& 2#3 2#4 3 2 3 2*2& 1 02&2 8 23 4 0 2&2 52&2 555+"3 F 4 22 4 22*2&2 5 0 9#&& 2&2 2#3& !5 2 4 2 4*2&2 33 @ 02&2 32 G @ 2&2 C C2&22 2 A 3 4# 3 4#*2&22 5"%2&2 8 8 5 8 3 4&3 4 4&3 4*2&2 5"1 1 112&24 8 3"2 2 8 5 8 3"2 2/4& 4&2&24 5"8F2&23 2 5.@ 2# 8 5 5.@ 2#/1 2&23 5">0%0%2&2# 8 3"3 8 5 8 3"3 32 6 1 322 2 322 2*2&2# 2/3 F 0 3 2 2 22 !2 2 5 3 3#0*4 4 0 3 23#C 43 4 43 4* 0 5 3 2 4 B 34 *0 3 4 34 3 0!@ D C.5! 3 4 4 3 4 4 4 2&3 33 34 8 0 3 43 0> 9 4 4 4 434 0 3 3 4/&2 2 44 3 2 44 2 4 2 3& 33 2 3& 3 2 3 44 A 0 3 44 3 3 6 1 3 1 2## 1 4 1 4 1 3& 1 24 1 3 1>85+0 8-0 3 H 2 2 2##& C 3 C 2##& 4 I 0 3 4 @ 4 2 4 24 4 C 0 3 2" 4 D C 3 3/ 3/ 23 :5 0 32&2& H 24 4 H 24/& 22/22&2& 3 32& 0>2 > 2& 8(8 32& 3&#2 B2 B2 3&#2 B2 B2 3 3&#2 B2 B2 4& 3&#2 B2 B2 3 22& 2&2& ,0-@ 32& 2 2 22& 5 0 32& 4 5 4 4 - 2#3 2#3 32& 0 0 32&2 4 @ 3/3 3/32&2 2&1 C 0 32& 3 2# 2#*2& 32&4 22 2/ 2/2&4 22 0 32&3 2#442 -(4 42&3 4 32& 8 2& 3 80 32& 23 4 C 4 42& @ 32&4 2 2& 2 2 432&4 @ 0 32&4 4 3"2 4 3" 3 3*2&4 5 32&4 C188*"C 4 2 56"3 B2 2&4 56"3 B2 @"4 3 3/2 3 32&4 3 8 0 32&4 3&#22 0 @ 2 3&#22 0 @ 24 3&#22 0 @ 24 3 3&#22 0 @ 3&#22 0 @ 3 4 3&#22 0 @ 2 3&#22 0 @ 2 3&#22 0 @ 2 3&#22 0 @ 24 3&#24 .5 8 42 3 42*2&4 2 -32&42 3 1 44 3 1 2 4 4*2&42 0 0 32&4 0 3 32&4 0 32&44 2 2 H 3# 2 2 H 2 2 3#/2&44 32&43 2 24 43 3 32&43 C 32&4# 43 4 42&4# 3 G 32&4& 2 22&4& 4/23 5 2 322 2 DATE: January 27, 2020 MEMORANDUM TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Sara Knoll, Parks & Recreation Coordinator CONSENT ITEM - 7B SUBJECT: Resolution Appointing Micah Kiernan as Parks, Trails and Recreation Committee (PTRC) Member Budgeted Amount: $ Council Should Consider Actual Amount: $ Appointing Micah Kiernan as a member to the PTRC. Background/Discussion Funding Source: $ Micah Kiernan submitted an application to volunteer as a member of the PTRC Committee. An interview was conducted and staff recommends this appointment. Attachment A: Resolution 2020-007 Page 1 of 1 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2020-007 A RESOLUTION APPOINTING MICAH KIERNAN AS A MEMBER OF THE PARKS, TRAILS, AND RECREATION COMITTEE (PTRC) FOR A TERM EXPIRING DECEMBER 31, 2021 WHEREAS, the City Council appoints residents to serve in an advisory capacity to the City Council regarding parks, trails, and recreation issues; THEREFORE, BE IT RESOLVED: The City Council appoints Micah Kiernan to serve on the PTRC for a term expiring on December 31, 2021. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 27th DAY OF JANUARY 2020. DAVID GRANT, MAYOR ATTEST: JULIE HANSON, CITY CLERK Attachment A City of Arden Hills City Council Meeting for January 27, 2020 Page 1 of 3 PUBLIC HEARING – 9A MEMORANDUM DATE: January 27, 2020 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Mike Mrosla, Community Development Manager/City Planner SUBJECT: Planning Case #19-019 – Public Hearing Required Applicant: City of Arden Hills Request: Sign Code Text Amendment Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Hold the required public hearing for the proposed Sign Code Text Amendment. The City Council will be asked to make a formal decision regarding the application under Agenda Item 10A. Background At its December 16, 2019 meeting, the City Council directed staff to make necessary ordinance changes to make political signs (non-commercial sign) consistent with existing temporary off- premise signs placement standards to include a distance from the curb or roadway. In addition, Council requested staff to review and bring the ordinance into conformance with State statute for when signs may be placed. The City staff has since then initiated proposed amendments to Chapter 12, Section 1230.01, Subd. 2 of the Sign Code. The existing language from section 1230.01, Subd. 2 states: Non-commercial Signs in an Election Year. Signs of any size containing non- commercial speech may be posted from August 1 in any general or City election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election provided that the signs are in compliance with Minnesota Statutes. These non-commercial signs shall be placed in accordance with Section 1250.03 Subd 2, 3, and 4.” The ordinance language above is inconsistent with Minnesota State Statute 211B.045. Minnesota State Statute 211B.045 states: City of Arden Hills City Council Meeting for January 27, 2020 Page 2 of 3 All noncommercial signs of any size may be posted in any number beginning 46 days before the state primary in a state general election year until ten days following the state general election. Municipal ordinances may regulate the size and number of noncommercial signs at other times.” The existing ordinance language restricts the placement of non-commercial signs until August 1st in an election year. However, Minnesota State Statute 211B.045 permits non-commercial signs to be posted 46 days prior to the state primary election. Minnesota primary elections occur on the second Tuesday of August in election years or on August 11, 2020. Per the statute, signs may be posted 46 days prior to the primary election or June 28, 2020. In response, staff worked with the city attorney on the proposed language below. Non-commercial Signs in an Election Year. In years where a federal, state or local government election is conducted within the city, non-commercial signs may be posted no more than 46 days prior to that election. These non-commercial signs shall be placed in accordance with Section 1230.02 and 1250.03 Subd 2, 3, and 4. Those responsible for posting the signs shall remove any signs within 10 days following an election.” The proposed language addresses all types of elections and removes the need to address special elections. The proposed language is in conformance with Minnesota State Statute 211B.045 and permits non-commercial signs to be posted no more than 46 days prior to the primary. 46 days is the minimum set by state statute. The number may increase, but may not decrease below 46 days. At a recent City Council Work Session the Council discussed increasing the number of days to 70. A formal motion would be necessary to change the proposed 46 to 70 days. In addition, staff added specific code sections that defines where signs may be located. Section 1230.02 is addresses prohibited sign placement locations and 1250.03 regulates temporary off-premise signs. As part of sign code amendment staff revised and restructured section 1250.03, Temporary Off- premise Signs. It is important to note that only subdivisions two (2) through four (4) regulate non- commercial signs in section 1250.03. The intent of the revision was to bring non-commercial signs in conformance with other temporary off-premise sign standards. The existing ordinance language was silent on placing signs on publicly owned land and there was no roadway setbacks standards for non-commercial signs. Below is a summary of proposed revisions. A full redline of the proposed changes can be found in Attachment A. Summary of Section 1250.03 Revisions: x Restructured and added clarifying language for general safety and welfare of the community. x Ensured the five (5) foot setback is consistent for both commercial and non-commercial signs. x Added language that the property owner may withdraw sign placement permission at any time. x Added language prohibiting signs from being placed on publicly owned land. x Added exception language addressing sign placement along sidewalks and trials. City of Arden Hills City Council Meeting for January 27, 2020 Page 3 of 3 Recommendation: The Planning Commission reviewed this application at their January 8, 2020 meeting. At that time, they recommended approval by a 5-0 vote. Notice and Public Comments Notice on this planning case was published in the Pioneer Press on December 27, 2019. The City has not received any public comments regarding this case. Budget Impact: NA Attachments: A. Ordinance amending Chapter 12, Sign Code Redline B. Ordinance amending Chapter 12, Sign Code Clean C. Planning Commission Memo D. Draft Planning Commission Minutes 208734v1 ORDINANCE NO. _______ CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 12, SIGN CODE, SUBSECTION 1230.01 AND SUBSECTION 1250.03 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 12 - Sign Code, Section 1230 - Exempt and Prohibited Signs, subsection 1230.01 – Exemptions, is hereby amended by deleting strikethrough language and adding the underlined language as follows: 1230.01 Exemptions. All signs shall require an approved sign permit prior to placement except for the signs specifically noted in this section. Exempted signs shall not reduce the permitted signage for a property. These exemptions shall not relieve the owner of the sign from the responsibility of its maintenance and its compliance with the provisions of this Chapter or any other law or ordinance regulating the same. Subd. 1 Government Signs. All governmental signs, including but not limited to traffic control and other regulatory purpose signs, street signs, identification signs, informational signs, danger signs and railroad crossing signs. Subd. 2 Non-commercial Signs in an Election Year. Signs of any size containing non-commercial speech may be posted from August 1 in any general or City election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election provided that the signs are in compliance with Minnesota Statutes. These non-commercial signs shall be placed in accordance with Section 1250.03 Subd 2, 3, and 4. Subd. 2 Non-commercial Signs in an Election Year. In years where a federal, state or local government election is conducted within the city, non- commercial signs may be posted no more than 46 days prior to that election. These non-commercial signs shall be placed in accordance with Section 1230.02 and 1250.03 Subd 2, 3, and 4. Those responsible for posting the signs shall remove any signs within 10 days following an election. Subd. 3 Address Signs. Address identification not exceeding four (4) square feet in area for each structure or portion of a structure with an assigned address. Street identification numbers are required in all sign districts and should be clearly visible from the street. Attachment A 208734v1 Subd. 4 Exempt Residential Signs. Properties in Sign Districts 1 and 3 shall be allowed up to eight (8) square feet of signage provided that a single sign is no larger than six (6) square feet, the signs are not illuminated, and freestanding signs are at least five (5) feet from any property line. Subd. 5 Temporary Off-premise Signs. Temporary off-premise signs as designated in Section 1250.03.; Subd. 6 Portable Signs. Portable A-frame, T-frame, sandwich , or other similar signs that do not exceed six (6) square feet in size, are not illuminated, are located within fifteen (15) feet of the primary entrance to a building, and are displayed only during the hours of business operation. No more than two of these signs shall be in place at any given time. Subd. 7 Incidental Signs. Incidental signs or signs within a building provided that the sign is not readily visible from the public right-of-way, adjacent properties, and are not illuminated.; and, Subd. 8 Window Signs. Window signs that are inside of a building shall not require a permit but shall be in accordance with Section 1240.02 Table 1. Subd. 9 Non-commercial Signs. Any sign display or device allowed under this section may contain, in lieu of other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity service for sale, and that complies with the size, height and lighting requirements of this Chapter. SECTION 2. Chapter 12 - Sign Code, Section 1250 – Special Provisions, subsection 1250.03 – Temporary Off-premises Signs, is hereby amended by deleting strikethrough language and adding the underlined language as follows: 1250.03 Temporary Off-premise Signs. Subd. 1 Sign Number Limit. Each residential property is allowed up to five (5) freestanding, temporary, off-premise signs in the cCity right-of-way or on private property provided that the signs meet the standards of this section: revised XX5/1XX/3/1320) Subd. 1 Sign Number Limit. Signs shall be Are four (4) square feet or less in size, and less than four (4) feet high; A. Signs shall be non-illuminated; B. Signs shall be within one mile of the property for which the signs are advertising (this provision does not preempt the sign regulations for neighboring communities); 208734v1 C. Signs shall be displayed no more than three consecutive days in any seven day period. A. A. Are four (4) square feet or less in size, less than four (4) feet high; and at least five (5) feet from the edge of the road; B. B. Are not illuminated; D. C. Are within one mile of the property for which the signs are advertising (this provision does not preempt the sign regulations for neighboring communities); D. Displayed no more than three consecutive days in any seven day period. Subd. 2 Permission. The sign owner shall obtain permission from the property owner on which the sign is placed. Failure to obtain permission may result in removal of the sign. If the sign is placed in City right-of-way, Tthe sign owner shall obtain permission from the property owner to place a sign on their property or on property that shares a property line with the adjoining right-of- way where the sign is located. Failure to obtain permission may result in removal of the sign. The sign owner shall obtain permission from the property owner on which the sign is placed. The property owner may withdraw that permission at any time. A. Failure to obtain permission may result in removal of the sign. B. Sign(s) are prohibited on land owned by the city, county, federal government and school district(s). Subd. 3 Disclaimer. The City of Arden Hills shall not be responsible for damage to any signs placed in the right-of-way. Subd. 43 Right-of-way Regulatory Authority. Sign(s) placed within city right-of-way, shall not be placed within five (5) feet of the edge of the roadway pavement or curb. Exception. If the five (5) foot distance places the sign on a trail or sidewalk surface then the signage shall be placed on the dwelling side of the sidewalk. A. Off-premise sSign(s) placed in Ramsey County or State of Minnesota right-of-way shall be subject to Ramsey County and State of Minnesota regulations. B. Failure to obtain permission from the appropriate agency may result in removal of the sign. Subd. 34 Disclaimer. The City of Arden Hills shall not be responsible for damage to any signs placed in the right-of-way. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. 208734v1 PASSED and ADOPTED this _____ day of ____________, 2020, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By _______________________________ David Grant, Mayor ATTEST: Julie Hanson, City Clerk Published in the ____________________ on _______________, 2020. 208734v1 ORDINANCE NO. _______ CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 12, SIGN CODE, SUBSECTION 1230.01 AND SUBSECTION 1250.03 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 12 - Sign Code, Section 1230 - Exempt and Prohibited Signs, subsection 1230.01 – Exemptions, is hereby amended by deleting strikethrough language and adding the underlined language as follows: 1230.01 Exemptions. All signs shall require an approved sign permit prior to placement except for the signs specifically noted in this section. Exempted signs shall not reduce the permitted signage for a property. These exemptions shall not relieve the owner of the sign from the responsibility of its maintenance and its compliance with the provisions of this Chapter or any other law or ordinance regulating the same. Subd. 1 Government Signs. All governmental signs, including but not limited to traffic control and other regulatory purpose signs, street signs, identification signs, informational signs, danger signs and railroad crossing signs. Subd. 2 Non-commercial Signs in an Election Year. In years where a federal, state or local government election is conducted within the city, non- commercial signs may be posted no more than 46 days prior to that election. These non-commercial signs shall be placed in accordance with Section 1230.02 and 1250.03 Subd 2, 3, and 4. Those responsible for posting the signs shall remove any signs within 10 days following an election. Subd. 3 Address Signs. Address identification not exceeding four (4) square feet in area for each structure or portion of a structure with an assigned address. Street identification numbers are required in all sign districts and should be clearly visible from the street. Subd. 4 Exempt Residential Signs. Properties in Sign Districts 1 and 3 shall be allowed up to eight (8) square feet of signage provided that a single sign is no larger than six (6) square feet, the signs are not illuminated, and freestanding signs are at least five (5) feet from any property line. Subd. 5 Temporary Off-premise Signs. Temporary off-premise signs as designated in Section 1250.03. WWDFKPHQW 208734v1 Subd. 6 Portable Signs. Portable A-frame, T-frame, sandwich , or other similar signs that do not exceed six (6) square feet in size, are not illuminated, are located within fifteen (15) feet of the primary entrance to a building, and are displayed only during the hours of business operation. No more than two of these signs shall be in place at any given time. Subd. 7 Incidental Signs. Incidental signs or signs within a building provided that the sign is not readily visible from the public right-of-way, adjacent properties, and are not illuminated. Subd. 8 Window Signs. Window signs that are inside of a building shall not require a permit but shall be in accordance with Section 1240.02 Table 1. Subd. 9 Non-commercial Signs. Any sign display or device allowed under this section may contain, in lieu of other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity service for sale, and that complies with the size, height and lighting requirements of this Chapter. SECTION 2. Chapter 12 - Sign Code, Section 1250 – Special Provisions, subsection 1250.03 – Temporary Off-premises Signs, is hereby amended by deleting strikethrough language and adding the underlined language as follows: 1250.03 Temporary Off-premise Signs. Each residential property is allowed up to five (5) freestanding, temporary, off-premise signs in the city right-of-way or on private property provided the signs meet the standards of this section: (revised XX/XX/20) Subd. 1 Sign Number Limit. Signs shall be four (4) square feet or less in size, and less than four (4) feet high; A. Signs shall be non-illuminated; B. Signs shall be within one mile of the property for which the signs are advertising (this provision does not preempt the sign regulations for neighboring communities); C. Signs shall be displayed no more than three consecutive days in any seven day period. Subd. 2 Permission. The sign owner shall obtain permission from the property owner to place a sign on their property or on property that shares a property line with the adjoining right-of-way where the sign is located. The sign owner shall obtain permission from the property owner on which the sign is placed. The property owner may withdraw that permission at any time. 208734v1 A. Failure to obtain permission may result in removal of the sign. B. Sign(s) are prohibited on land owned by the city, county, federal government and school district(s). Subd. 3 Right-of-way Regulatory Authority. Sign(s) placed within city right-of-way, shall not be placed within five (5) feet of the edge of the roadway pavement or curb. Exception. If the five (5) foot distance places the sign on a trail or sidewalk surface then the signage shall be placed on the dwelling side of the sidewalk. A. Sign(s) placed in Ramsey County or State of Minnesota right-of-way shall be subject to Ramsey County and State of Minnesota regulations. B. Failure to obtain permission from the appropriate agency may result in removal of the sign. Subd. 4 Disclaimer. The City of Arden Hills shall not be responsible for damage to any signs placed in the right-of-way. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. PASSED and ADOPTED this _____ day of ____________, 2020, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By _______________________________ David Grant, Mayor ATTEST: Julie Hanson, City Clerk Published in the ____________________ on _______________, 2020. City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-019 - Sign Code Text Amendment – ZA Page 1 of 4 MEMORANDUM DATE: January 8, 2020 PC Agenda Item 3.B TO: Planning Commission Chair and Commissioners FROM: Mike Mrosla, Community Development Manager/City Planner SUBJECT: Planning Case #19-019 – Public Hearing Required Applicant: City of Arden Hills Request: Sign Code Text Amendment Requested Action Planning Commission shall hold a Public Hearing to review an amendment to Chapter 12, Sign Code to clarify and add language to make non-commercial signs in an election years consistant with temporary off-premise signs and Minnesota State Statutes. Background The City has initiated proposed amendments to Chapter 12, Section 1230.01, Subd. 2 of the Sign Code. The existing language from section 1230.01, Subd. 2 states: Non-commercial Signs in an Election Year. Signs of any size containing non- commercial speech may be posted from August 1 in any general or City election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election provided that the signs are in compliance with Minnesota Statutes. These non-commercial signs shall be placed in accordance with Section 1250.03 Subd 2, 3, and 4.” The ordinance language above is inconsistent with Minnesota State Statute 211B.045. Minnesota State Statute 211B.045 states: All noncommercial signs of any size may be posted in any number beginning 46 days before the state primary in a state general election year until ten days following the state general election. Municipal ordinances may regulate the size and number of noncommercial signs at other times.” Attachment C City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-019 - Sign Code Text Amendment – ZA Page 2 of 4 The existing ordinance language restricts the placement of non-commercial signs until August 1st in an election year. However, Minnesota State Statute 211B.045 permits non-commercial signs to be posted 46 days prior to the state primary election. Minnesota primary elections occur on the second Tuesday of August in election years or on August 11, 2020. Per the statute, signs may be posted 46 days prior to the primary election or June 28, 2020. In response, staff worked with the city attorney on the proposed language below. Non-commercial Signs in an Election Year. In years where a federal, state or local government election is conducted within the city, non-commercial signs may be posted no more than 46 days prior to that election. These non-commercial signs shall be placed in accordance with Section 1230.02 and 1250.03 Subd 2, 3, and 4. Those responsible for posting the signs shall remove any signs within 10 days following an election.” The proposed language addresses all types of elections and removes the need to address special elections. The proposed language is in conformance with Minnesota State Statute 211B.045 and permits non-commercial signs to be posted no more than 46 days prior to the election. Staff added specific code sections that defines where signs may be located. Section 1230.02 is addresses prohibited sign placement locations and 1250.03 regulates temporary off-premise signs. In addition, staff revised and restructured section 1250.03, Temporary Off-premise Signs. The intent of the revision was to bring non-commercial signs in conformance with other temporary off- premise sign standards. The existing ordinance language was silent on placing signs on publicly owned land and there was no roadway setbacks standards for non-commercial signs. Below is a summary of proposed revisions by subdivision. A full redline of the proposed changes can be found in Attachment C. Subdivision 1: x Restructured and added clarifying language. x Removed and relocated sign roadway setback to Subd. 3. x Final draft: Subd. 1 Sign Number Limit. A. Signs shall be four (4) square feet or less in size, and less than four (4) feet high; B. Signs shall be non-illuminated; C. Signs shall be within one mile of the property for which the signs are advertising this provision does not preempt the sign regulations for neighboring communities); D. Signs shall be displayed no more than three consecutive days in any seven day period. Subdivision 2: x Added language that the property owner may withdraw sign placement permission at any time. x Added subsections A and B. City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-019 - Sign Code Text Amendment – ZA Page 3 of 4 x Added language prohibiting signs from being placed on publicly owned land. x Final Draft Subd. 2 Permission. The sign owner shall obtain permission from the property owner to place a sign on their property or on property that shares a property line with the adjoining right-of-way where the sign is located. The property owner may withdraw that permission at any time. A. Failure to obtain permission may result in removal of the sign. B. Sign(s) are prohibited on land owned by the city, county, federal government and school district(s). Subdivision 3: x Relocated from Subd. 4 to 3. x Added subsections A through C. x Added language previously from Subd. 1 addressing sign setbacks from roadways when placed within city owned right of way. x Added exception language addressing sign placement along sidewalks and trials. x Final Draft Subd. 3 Right-of-way Regulatory Authority. A. Sign(s) placed within city right-of-way, shall not be placed within five (5) feet of the edge of the roadway pavement or curb. Exception. If the five (5) foot distance places the sign on a trail or sidewalk surface then the signage shall be placed on the dwelling side of the sidewalk. B. Sign(s) placed in Ramsey County or State of Minnesota right-of-way shall be subject to Ramsey County and State of Minnesota regulations. C. Failure to obtain permission from the appropriate agency may result in removal of the sign. Subdivision 4: x Relocated from Subd. 3 to 4. x Final Draft Subd. 4 Disclaimer. The City of Arden Hills shall not be responsible for damage to any signs placed in the right-of-way. Options and Motion Language Staff has provided the following options and motion language for this case. 1. Recommend Approval: Motion to recommend approval of Planning Case 19-019 for proposed amendments to Chapter 12 of the City Code, as presented in the January 8, 2020 Report to the Planning Commission. City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-019 - Sign Code Text Amendment – ZA Page 4 of 4 2. Recommend Approval with Amendments: Motion to recommend approval of Planning Case 19-019 for proposed amendments to Chapter 12 of the City Code, as presented in the January 8, 2020 Report to the Planning Commission with amendments: a specific reason should be included with amendments. 3. Recommend Denial: Motion to recommend denial of of Planning Case 19-019 for proposed amendments to Chapter 12 of the City Code, as presented in the January 8, 2020 Report to the Planning Commission: findings to deny should specifically reference the reasons for denial. 4. Table: Motion to table Planning 19-006 for proposed amendments to of Planning Case 19- 019 for proposed amendments to Chapter 12 of the City Code, as presented in the January 8, 2020 Report to the Planning Commission: a specific reason and/or information request should be included with a motion to table. Public Notice and Comments Notice on this planning case was published in the Pioneer Press on December 27, 2019. The City has not received any public comments regarding this case. Attachments A. Minnesota State Statute 211B.045 B. Chapter 12 – Sign Code, Exemptions Red-line Amendments (Section 1230.01) C. Chapter 12 – Sign Code, Temporary Off-premise Signs Red-line Amendments (Section 1250.03) D. Clean versions of Chapter 12, Sign Code, Sections 1230.01 and 1250.03. Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, JANUARY 8, 2020 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Nick Gehrig called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Nick Gehrig, Commissioners James Lambeth, Subbaya Subramanian, Paul Vijums, and Jonathan Wicklund. Absent: Commissioners Steven Jones and Clayton Zimmerman. Also present were: Community Development Manager/City Planner Mike Mrosla, Associate Planner Joe Hartmann, Planning Consultant Jane Kansier, and Councilmember Steve Scott. APPROVAL OF AGENDA – JANUARY 8, 2020 Chair Gehrig stated the agenda will stand as published. APPROVAL OF MINUTES December 4, 2019 – Planning Commission Regular Meeting Commissioner Lambeth moved, seconded by Commissioner Wicklund, to approve the December 4, 2019, Planning Commission Regular Meeting as presented. The motion carried unanimously (5-0). PLANNING CASES A. Planning Case 19-017; Arden Shoreview Animal Hospital – CUP Amendment – Public Hearing Associate Planner Hartmann stated Richard and Louise Routhe (“The Applicants”) are requesting a Conditional Use Permit Amendment to remove some provisions of their Special Use Permit for the Arden Shoreview Animal Hospital (“Subject Property”), which is now a permitted Attachment D ARDEN HILLS PLANNING COMMISSION – January 8, 2020 2 use by right under the current Zoning Code. The Subject Property is located at 1261 County Road E. Associate Planner Hartmann reported the Subject Property is a veterinary clinic facing County Road E in the B-2 General Business District that has been in continuous operation since 1984. At the time, a veterinary clinic was not a permitted use for the Subject Property within the B-2 District. However, on April 23rd, 1984, the City Council approved Special Use Permit Case No. 84-5 (“Case No. 84-5”) that gave the Applicants permission to operate a clinic, which the Zoning Code defines in City Code Section 1305.04 as a building for out-patient medical treatment of humans or small animals. Case No. 845 included conditions of approval such as a limit on the business hours and number of employees. When the City adopted its current Zoning Code in 1993, the Subject Property no longer needed a Special Use Permit to operate a clinic in the B-2 District because the clinic is permitted in the B-2 District under the current Zoning Ordinance as per Section 1320.05. However, under the current Zoning Ordinance, a clinic with an accessory use as a kennel for the boarding of animals still requires a Conditional Use Permit. Associate Planner Hartmann explained the current use of the subject property is not intensifying from its original approvals and there are no exterior modifications proposed site with this request. It is important to note that the subject property is non-conforming due to the size and setback requirements of the lot and a variance was granted as a condition of approval for Planning Case No. 84-5. Per the city attorney, the previously approved variance will carry over to the new Conditional Use Permit as a condition of approval. Staff note that in the 35 year history of the clinic operating at that location, there have been no code enforcement complaints regarding traffic and parking conditions and other nuisance characteristics, and Staff does not anticipate that approval of the Conditional Use Permit Amendment will have a negative impact. Associate Planner Hartmann reviewed the surrounding area, the Plan Evaluation and provided the Findings of Fact: General Findings: 1. The Subject Property is located at 1261 County Road E in the B-2 General Business Zoning District. 2. The Subject Property is the Arden Shoreview Animal Hospital, defined as a clinic use in Section 1305.04 in the City Zoning Code. 3. At the time it received approval, an animal clinic was not a permitted use and required a Special Use Permit. 4. The Subject Property has been continuously operated as a clinic for 35 years. 5. The City’s Zoning Code was amended in 1993 to allow clinics by right in the B-2 General Business District. Conditional Use Permit Amendment Findings: 1. The Subject Property was previously granted a Special Use Permit to operate a veterinary clinic on the Subject Property in 1984 (SUP 84-5). 2. The Subject Property has not been expanded, renovated, or modified since the Special Use Permit was issued. 3. These are the first amendments to the SUP proposed since it was initially approved. 4. An application for amendment shall be administered in the same manner as required for a new application. ARDEN HILLS PLANNING COMMISSION – January 8, 2020 3 5. The Applicants are requesting the language in paragraph 2, sentence 3 be removed to allow for more flexibility to regulate the operating hours of a business. 6. The Applicants request that paragraph 3, sentence 1 be removed regarding the maximum number of staff members. 7. The Applicants request that the language in paragraph 4 sentences 1 and 2 be amended to read that the construction of the hospital shall be in accordance with the design standards set forth in the City Code. 8. The Applicants request that paragraph 5, sentence 2 be amended. Staff finds that a requirement specifying the required number of weekly refuse pickups is unnecessary. Associate Planner Hartmann stated the Commission could make a motion to approve Planning Case 19-017 for a Conditional Use Permit Amendment at 1261 County Road E, based on the findings of fact and the submitted plans, as amended by the conditions in the January 8, 2019 Report to the Planning Commission: 1. All dogs shall be leashed when being transported in and out of the facility. 2. The property owners shall work with city staff to resolve the any parking concerns if complaints are received. 3. Any future relocation of the trash enclosures shall utilize wooden gates and shall be constructed on three sides using the same materials and patterns used on the building. The location shall be approved by the Planning staff in writing. 4. The use shall not emit offensive odors. Odors shall be vented by a duo-ventilation system. 5. If nuisance complaints are received the City Council may amend this Conditional Use Permit establishing a maximum number of animals kenneled overnight via a council resolution. 6. No outdoor kennels are permitted. 7. Outdoor examination area shall be enclosed by a six (6) tall privacy fence. 8. No Animals shall be left unattended in the outdoor examination area. 9. If the City receives complaints from the owners and occupants of surrounding properties regarding a violation of any condition set forth in the permit, violations of City Code may be cause for revocation of the permit. 10. Permittee is hereby granted a side yard setback variance of ten feet (10') and a rear yard setback variance of ten feet (10')-- i.e., ten feet (10') from the north and east property lines. Associate Planner Hartmann 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 Gehrig opened the floor to Commissioner comments. Commissioner Lambeth asked if this request was part of a contingency in a purchase agreement. ARDEN HILLS PLANNING COMMISSION – January 8, 2020 4 Richard Routhe, applicant, explained he was selling his business to a new veterinarian and stated he was preparing the site for the buyer. Commissioner Lambeth questioned if this property boarded animals. Mr. Routhe commented he was approved for boarding. Louise Routhe introduced Chris Anderson with Mission Veterinarians noting he would be taking over her husband’s business. She explained Mission Veterinarians would be a great addition to the community. Commissioner Lambeth thanked Mr. Routhe for his service to the country. Commissioner Subramanian asked how often the medical waste was picked up. Ms. Routhe explained this was not picked up twice a week every week because the facility does not generate that much medical waste. Mr. Anderson reported he would be running the business much the same and did not anticipate generating more waste. Chair Gehrig opened the public hearing at 6:47 p.m. Chair Gehrig invited anyone for or against the application to come forward and make comment. There being no comment Chair Gehrig closed the public hearing at 7:47 p.m. Commissioner Vijums moved and Commissioner Lambeth seconded a motion to recommend approval of Planning Case 19-017 for a Conditional Use Permit Amendment at 1261 County Road E, based on the findings of fact and the submitted plans, as amended by the conditions in the January 8, 2020 Report to the Planning Commission. Commissioner Wicklund stated he was not certain Condition 5 had to be included in the motion. He made a friendly amendment to remove Condition 5 from the motion for approval. Community Development Manager/City Planner Mrosla explained Condition 5 was added to allow the City Council the flexibility to address any future concerns should a complaint be received regarding the number of dogs being boarded on the property. Chair Vijums supported Condition 5 being removed. The amended motion carried unanimously (5-0). B. Planning Case 19-019; Non-Commercial Signs – Zoning Amendment – Public Hearing ARDEN HILLS PLANNING COMMISSION – January 8, 2020 5 Community Development Manager/City Planner Mrosla stated the Planning Commission shall hold a Public Hearing to review an amendment to Chapter 12, Sign Code to clarify and add language to make non-commercial signs in an election years consistent with temporary off- premise signs and Minnesota State Statutes. Community Development Manager/City Planner Mrosla explained the City has initiated proposed amendments to Chapter 12, Section 1230.01, Subd. 2 of the Sign Code. The existing language from section 1230.01, Subd. 2 states: Non-commercial Signs in an Election Year. Signs of any size containing noncommercial speech may be posted from August 1 in any general or City election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election provided that the signs are in compliance with Minnesota Statutes. These non-commercial signs shall be placed in accordance with Section 1250.03 Subd 2, 3, and 4.” Community Development Manager/City Planner Mrosla reported the ordinance language above is inconsistent with Minnesota State Statute 211B.045. Minnesota State Statute 211B.045 states: All noncommercial signs of any size may be posted in any number beginning 46 days before the state primary in a state general election year until ten days following the state general election. Municipal ordinances may regulate the size and number of noncommercial signs at other times.” Community Development Manager/City Planner Mrosla indicated the existing ordinance language restricts the placement of non-commercial signs until August 1st in an election year. However, Minnesota State Statute 211B.045 permits non-commercial signs to be posted 46 days prior to the state primary election. Minnesota primary elections occur on the second Tuesday of August in election years or on August 11, 2020. Per the statute, signs may be posted 46 days prior to the primary election or June 28, 2020. In response, staff worked with the city attorney on the proposed language below. Non-commercial Signs in an Election Year. In years where a federal, state or local government election is conducted within the city, non-commercial signs may be posted no more than 46 days prior to that election. These non-commercial signs shall be placed in accordance with Section 1230.02 and 1250.03 Subd. 2, 3, and 4. Those responsible for posting the signs shall remove any signs within 10 days following an election.” Community Development Manager/City Planner Mrosla commented the proposed language addresses all types of elections and removes the need to address special elections. The proposed language is in conformance with Minnesota State Statute 211B.045 and permits non-commercial signs to be posted no more than 46 days prior to the election. Staff added specific code sections that defines where signs may be located. Section 1230.02 is addresses prohibited sign placement locations and 1250.03 regulates temporary off-premise signs. ARDEN HILLS PLANNING COMMISSION – January 8, 2020 6 Community Development Manager/City Planner Mrosla stated in addition, staff revised and restructured section 1250.03, Temporary Off-premise Signs. The intent of the revision was to bring non-commercial signs in conformance with other temporary off-premise sign standards. The existing ordinance language was silent on placing signs on publicly owned land and there was no roadway setbacks standards for non-commercial signs. Below is a summary of proposed revisions by subdivision. A full redline of the proposed changes can be found in Attachment C. Community Development Manager/City Planner Mrosla provided further comment on the Subdivision language changes and recommended the Commission approve the proposed amendments to Chapter 12 of the City Code. Community Development Manager/City Planner Mrosla reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Gehrig opened the floor to Commissioner comments. Councilmember Scott reported there would be a Presidential Primary in March of 2020 and encouraged staff to investigate how this election should be signed. Community Development Manager/City Planner Mrosla stated he would investigate this further. Commissioner Wicklund questioned how the City enforced signs that were placed illegally throughout the City. Community Development Manager/City Planner Mrosla explained staff would notify the candidate of the illegally placed sign and ask them to relocate the sign. He reported brochures would be created by staff to inform local candidates of the City’s sign standards. Commissioner Subramanian asked how the City came to the 46 calendar day requirement. Community Development Manager/City Planner Mrosla indicated this was the number referenced in State Statute. Chair Gehrig opened the public hearing at 7:15 p.m. Chair Gehrig invited anyone for or against the application to come forward and make comment. There being no additional comment Chair Gehrig closed the public hearing at 7:15 p.m. Commissioner Wicklund moved and Commissioner Vijums seconded a motion to recommend approval of Planning Case 19-019 for proposed amendments to Chapter 12 of ARDEN HILLS PLANNING COMMISSION – January 8, 2020 7 the City Code, as presented in the January 8, 2020, report to the Planning Commission. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Scott explained he would be serving as the City Council liaison for 2020. He provided the Commission with an update from the City Council and commented on the 2020 budget and tax levy that the Council approved. He reported the Council also approved a new TIF District which included the TCAAP property. B. Planning Commission Comments and Requests None. C. Staff Comments None. ADJOURN Commissioner Lambeth moved, seconded by Commissioner Wicklund, to adjourn the January 8, 2020, Planning Commission Meeting at 7:18 p.m. The motion carried unanimously (5-0). City of Arden Hills City Council Meeting for January 27, 2020 Page 1 of 2 NEW BUSINESS – 10A MEMORANDUM DATE: January 27, 2020 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Mike Mrosla, Community Development Manager/City Planner SUBJECT: Planning Case #19-019 – Public Hearing Required Applicant: City of Arden Hills Request: Sign Code Text Amendment Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Adopting Ordinance 2020-001 amending Chapter 12, Section 1230.01, Subd. 2 and Section 1250.03 City Code and authorizing staff to publish notice thereof. Background At its December 16, 2019 meeting, the City Council directed staff to make necessary ordinance changes to make political signs (non-commercial sign) consistent with existing temporary off- premise signs placement standards. In addition, Council requested staff to review and bring the ordinance into conformance with State statute for when signs may be placed. Planning Commission recommend approval of the following amendments to Chapter 12, Sign Code. The intent of the amendment is to clarify existing language to make non-commercial signs in an election year consistent with placement standards of temporary off-premise signs and Minnesota State Statute 211B.045. Staff worked with the City Attorney to bring the proposed language into conformance with Minnesota State Statute 211B.045. The proposed amendment permits non-commercial signs to be posted no more than 46 days prior to the primary. 46 days is the minimum set by state statute. The number may increase, but may not decrease below 46 days. At a recent City Council Work Session the Council discussed increasing the number of days to 70. A formal motion would be necessary to change the proposed 46 to 70 days. City of Arden Hills City Council Meeting for January 27, 2020 Page 2 of 2 Additional language was added to section 1250.03, Temporary Off-premise Signs. The existing ordinance language for non-commercial signs was silent on placing signs on publicly owned land and there was no roadway setbacks standards for non-commercial signs. In addition, the existing language did not discuss prohibited signs placement locations. The proposed language provides the same setback standards for non-commercial and temporary off-site signs (five feet from the curb). Staff proposed language allowing the property owner to the ability to withdraw sign placement permission at any time. However, at a recent City Council Work Session the Council discussed modifying the language to read, “The property owner shall notify the sign owner prior to withdrawing permission.” If council selects to amend the proposed language, a formal motion would be required. Council shall consider Staff has provided the following motion language options for the City Council to consider. 1. Recommend Approval: Motion to recommend approval of Planning Case 19-0019 for proposed amendments to Chapter 12, Section 1230.01, Subd. 2 and Section 1250.03, as presented in the January 8, 2020 Report to the Planning Commission. 2. Recommend Approval with Amendments: Motion to recommend approval of Planning Case 19-0019 for proposed amendments to Chapter 12, Section 1230.01, Subd. 2 and Section 1250.03, as presented in the January 8, 2020 Report to the Planning Commission. 3. Recommend Denial: recommend of denial Planning Case 19-0019 for proposed amendments to Chapter 12, Section 1230.01, Subd. 2 and Section 1250.03, as presented in the January 8, 2020 Report to the Planning Commission: a specific reason and/or information request should be included with a motion for denial. 4. Table: Motion to recommend tabling of Planning Case 19-0019 for proposed amendments to Chapter 12, Section 1230.01, Subd. 2 and Section 1250.03, as presented in the January 8, 2020 Report to the Planning Commission: a specific reason and/or information request should be included with a motion to table. Notice and Public Comments Notice on this planning case was published in the Pioneer Press on December 27, 2019. The City has not received any public comments regarding this case. Budget Impact: NA Attachments: A. Ordinance amending Chapter 12, Sign Code Redline B. Ordinance Summary NO. 2020-001 208734v1 ORDINANCE NO. 2020-001 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 12, SIGN CODE, SUBSECTION 1230.01 AND SUBSECTION 1250.03 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 12 - Sign Code, Section 1230 - Exempt and Prohibited Signs, subsection 1230.01 – Exemptions, is hereby amended by deleting strikethrough language and adding the underlined language as follows: 1230.01 Exemptions. All signs shall require an approved sign permit prior to placement except for the signs specifically noted in this section. Exempted signs shall not reduce the permitted signage for a property. These exemptions shall not relieve the owner of the sign from the responsibility of its maintenance and its compliance with the provisions of this Chapter or any other law or ordinance regulating the same. Subd. 1 Government Signs. All governmental signs, including but not limited to traffic control and other regulatory purpose signs, street signs, identification signs, informational signs, danger signs and railroad crossing signs. Subd. 2 Non-commercial Signs in an Election Year. Signs of any size containing non-commercial speech may be posted from August 1 in any general or City election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election provided that the signs are in compliance with Minnesota Statutes. These non-commercial signs shall be placed in accordance with Section 1250.03 Subd 2, 3, and 4. Subd. 2 Non-commercial Signs in an Election Year. In years where a federal, state or local government election is conducted within the city, non- commercial signs may be posted no more than 46 days prior to that election. These non-commercial signs shall be placed in accordance with Section 1230.02 and 1250.03 Subd 2, 3, and 4. Those responsible for posting the signs shall remove any signs within 10 days following an election. Subd. 3 Address Signs. Address identification not exceeding four (4) square feet in area for each structure or portion of a structure with an assigned address. Street identification numbers are required in all sign districts and should be clearly visible from the street. Attachment A 208734v1 Subd. 4 Exempt Residential Signs. Properties in Sign Districts 1 and 3 shall be allowed up to eight (8) square feet of signage provided that a single sign is no larger than six (6) square feet, the signs are not illuminated, and freestanding signs are at least five (5) feet from any property line. Subd. 5 Temporary Off-premise Signs. Temporary off-premise signs as designated in Section 1250.03.; Subd. 6 Portable Signs. Portable A-frame, T-frame, sandwich , or other similar signs that do not exceed six (6) square feet in size, are not illuminated, are located within fifteen (15) feet of the primary entrance to a building, and are displayed only during the hours of business operation. No more than two of these signs shall be in place at any given time. Subd. 7 Incidental Signs. Incidental signs or signs within a building provided that the sign is not readily visible from the public right-of-way, adjacent properties, and are not illuminated.; and, Subd. 8 Window Signs. Window signs that are inside of a building shall not require a permit but shall be in accordance with Section 1240.02 Table 1. Subd. 9 Non-commercial Signs. Any sign display or device allowed under this section may contain, in lieu of other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity service for sale, and that complies with the size, height and lighting requirements of this Chapter. SECTION 2. Chapter 12 - Sign Code, Section 1250 – Special Provisions, subsection 1250.03 – Temporary Off-premises Signs, is hereby amended by deleting strikethrough language and adding the underlined language as follows: 1250.03 Temporary Off-premise Signs. Subd. 1 Sign Number Limit. Each residential property is allowed up to five (5) freestanding, temporary, off-premise signs in the cCity right-of-way or on private property provided that the signs meet the standards of this section: revised XX5/1XX/3/1320) Subd. 1 Sign Number Limit. Signs shall be Are four (4) square feet or less in size, and less than four (4) feet high; A. Signs shall be non-illuminated; B. Signs shall be within one mile of the property for which the signs are advertising (this provision does not preempt the sign regulations for neighboring communities); 208734v1 C. Signs shall be displayed no more than three consecutive days in any seven day period. A. A. Are four (4) square feet or less in size, less than four (4) feet high; and at least five (5) feet from the edge of the road; B. B. Are not illuminated; C. Are within one mile of the property for which the signs are advertising (this provision does not preempt the sign regulations for neighboring communities); D. Displayed no more than three consecutive days in any seven day period. Subd. 2 Permission. The sign owner shall obtain permission from the property owner on which the sign is placed. Failure to obtain permission may result in removal of the sign. If the sign is placed in City right-of-way, Tthe sign owner shall obtain permission from the property owner to place a sign on their property or on property that shares a property line with the adjoining right-of- way where the sign is located. Failure to obtain permission may result in removal of the sign. The sign owner shall obtain permission from the property owner on which the sign is placed. The property owner may withdraw that permission at any time. A. Failure to obtain permission may result in removal of the sign. B. Sign(s) are prohibited on land owned by the city, county, federal government and school district(s). Subd. 3 Disclaimer. The City of Arden Hills shall not be responsible for damage to any signs placed in the right-of-way. Subd. 43 Right-of-way Regulatory Authority. Sign(s) placed within city right-of-way, shall not be placed within five (5) feet of the edge of the roadway pavement or curb. Exception. If the five (5) foot distance places the sign on a trail or sidewalk surface then the signage shall be placed on the dwelling side of the sidewalk. A. Off-premise sSign(s) placed in Ramsey County or State of Minnesota right-of-way shall be subject to Ramsey County and State of Minnesota regulations. B. Failure to obtain permission from the appropriate agency may result in removal of the sign. Subd. 34 Disclaimer. The City of Arden Hills shall not be responsible for damage to any signs placed in the right-of-way. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. 208734v1 PASSED and ADOPTED this 27th day of January 2020, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By _______________________________ David Grant, Mayor ATTEST: Julie Hanson, City Clerk Published in the ____________________ on _______________, 2020. 208747v1 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA SUMMARY ORDINANCE NO. 2020-001 AN ORDINANCE AMENDING CHAPTER 12, SIGN CODE, SUBSECTION 1230.01 AND SUBSECTION 1250.03 OF THE ARDEN HILLS CITY CODE NOTICE IS HEREBY GIVEN that, on January 27, 2020, Ordinance No. 2020-001 was adopted by the City Council of the City of Arden Hills, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2020-001, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends and clarifies that election signs may be placed no more than 46 days prior to an election conducted within the City, limits their placement, and requires removal of the signs within 10 days following the election. The amendment also modifies the provisions for temporary off- premises advertising signs, including that signs placed on private property may be located within the city right of way but no closer than 5’ from the edge of the curb or roadway pavement. A printed copy of the whole ordinance is available for inspection by any person during the City’s regular office hours or on the City’s website. APPROVED for publication by the City Council of the City of Arden Hills, Minnesota, this _____ day of _________, 2020. CITY OF ARDEN HILLS By __________________________________ David Grant, Mayor ATTEST: Julie Hanson, City Clerk WWDFKPHQW