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HomeMy WebLinkAbout04-19-21-WSAGENDA ITEMS Tony Schmidt Park Concerns Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Amendments To Development Agreement And Stormwater And Recreational Facilities Operation And Maintenance Agreement For Arden Hills Senior Housing Jane Kansier, AICP, Consulting Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Shoreland Ordinance Amendment –Accessory Structure Size Within The Ordinary High Water Level Setback Jane Kansier, AICP, Consulting Planner Corrin Bemis, Consulting Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF 2021 Public Works In -House Paving Project David Swearingen, Interim Public Works Director MEMO.PDF ATTACHMENT A.PDF Clean -Up Day Discussion Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF COVID -19 And City Operations Discussion Dave Perrault, City Administrator MEMO.PDF Food Truck Ordinance Discussion Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Council Tracker Dave Perrault, City Administrator MEMO.PDF COUNCIL/STAFF COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Steve Scott City Council Work Session Agenda April 19, 2021 5:00 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. This meeting can be accessed remotely by joining via Zoom T o join the Zoom Meeting via your computer, click this link (or copy and paste it into a new browser):https://us02web.zoom.us/j/84452159352 This meeting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. 1.A. Documents: 1.B. Documents: 1.C. Documents: 1.D. Documents: 1.E. Documents: 1.F. Documents: 1.G. Documents: 1.H. Documents: 2. AGENDA ITEMSTony Schmidt Park ConcernsDave Perrault, City Administrator MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFAmendments To Development Agreement And Stormwater And Recreational Facilities Operation And Maintenance Agreement For Arden Hills Senior HousingJane Kansier, AICP, Consulting PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDF Shoreland Ordinance Amendment –Accessory Structure Size Within The Ordinary High Water Level Setback Jane Kansier, AICP, Consulting Planner Corrin Bemis, Consulting Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF 2021 Public Works In -House Paving Project David Swearingen, Interim Public Works Director MEMO.PDF ATTACHMENT A.PDF Clean -Up Day Discussion Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF COVID -19 And City Operations Discussion Dave Perrault, City Administrator MEMO.PDF Food Truck Ordinance Discussion Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Council Tracker Dave Perrault, City Administrator MEMO.PDF COUNCIL/STAFF COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott City Council Work SessionAgendaApril 19, 20215:00 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.This meeting can be accessed remotely by joining via ZoomTo join the Zoom Meeting via your computer, click this link (or copy and paste it into a new browser):https://us02web.zoom.us/j/84452159352This meeting will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.1.A.Documents:1.B.Documents: 1.C. Documents: 1.D. Documents: 1.E. Documents: 1.F. Documents: 1.G. Documents: 1.H. Documents: 2. AGENDA ITEMSTony Schmidt Park ConcernsDave Perrault, City Administrator MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFAmendments To Development Agreement And Stormwater And Recreational Facilities Operation And Maintenance Agreement For Arden Hills Senior HousingJane Kansier, AICP, Consulting PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFShoreland Ordinance Amendment –Accessory Structure Size Within The Ordinary High Water Level SetbackJane Kansier, AICP, Consulting PlannerCorrin Bemis, Consulting PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFATTACHMENT E.PDFATTACHMENT F.PDFATTACHMENT G.PDF2021 Public Works In -House Paving ProjectDavid Swearingen, Interim Public Works Director MEMO.PDFATTACHMENT A.PDFClean-Up Day DiscussionDave Perrault, City Administrator MEMO.PDFATTACHMENT A.PDFCOVID-19 And City Operations DiscussionDave Perrault, City Administrator MEMO.PDFFood Truck Ordinance DiscussionDave Perrault, City Administrator MEMO.PDFATTACHMENT A.PDFCouncil TrackerDave Perrault, City Administrator MEMO.PDF COUNCIL/STAFF COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott City Council Work SessionAgendaApril 19, 20215:00 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.This meeting can be accessed remotely by joining via ZoomTo join the Zoom Meeting via your computer, click this link (or copy and paste it into a new browser):https://us02web.zoom.us/j/84452159352This meeting will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.1.A.Documents:1.B.Documents:1.C.Documents:1.D.Documents:1.E.Documents:1.F.Documents:1.G.Documents:1.H. Documents: 2. Page 1 of 1 AGENDA ITEM – 1A MEMORANDUM DATE: April 19, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Tony Schmidt Park Concerns Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Background The City of Arden Hills City Council has expressed concerns to Ramsey County Commissioner Nicole Frethem about pedestrian and bicycle access to Tony Schmidt Regional Park. Following an exchange of letters, the City Council invited Commissioner Frethem to attend a work session and have a discussion. Commissioner Frethem will be present at this meeting. The letters exchanged are attached to this e-mail (Attachments A thru C). It is worth noting that the Ramey County Deputies that provide police protection to the City of Arden Hills spend approximately 25 percent of their time on Lake Johanna Blvd as it historically has an issue with speed and other dangerous driving conditions. A heat map of their citations issued for 2019 is attached for reference (see Attachment D). Lastly, the County has recently issued an RFP for a corridor study, which includes Lake Johanna Blvd. This corridor study would evaluate potential projects along the road, the County may also want to provide an update on this item, too. Budget Impact N/A Attachment Attachment A: December 11, 2020 Letter to Commissioner Frethem Attachment B: January 11, 2021 Letter from Commissioner Frethem Attachment C: January 7, 2021 Letter from Ted Schoenecker, Ramsey County Public Works Director Attachment D: Heat Map of Traffic Citations Issued City of Arden Hills ▪1245 West Highway 96 ▪ Arden Hills Minnesota 55112 Phone 651.792.7800 ▪ Fax 651.634.5137 ▪ www.cityofardenhills.org December 11, 2020 Commissioner Nicole Frethem Ramsey County Board Office Room 220 Courthouse 15 W. Kellogg Blvd. Saint Paul, MN 55102 RE: Unsafe Access Concerns at Tony Schmidt Regional Park Dear Commissioner Frethem, The City Council of Arden Hills is requesting a formal response regarding its concerns over the unsafe access conditions to Ramsey County’s Tony Schmidt Regional Park. The pedestrian and bicycle access to the park along Lake Johanna Boulevard (County State Aid Highway 149) is nothing short of dangerous. The City looks at other County Parks, such as, Island Lake, Snail Lake, Lake Josephine, and Lake Owasso County Park and deserves to know why Tony Schmidt cannot have the same safe, pedestrian-friendly trails and sidewalks. Our residents deserve the same level of service from the County that other cities and parks are receiving, especially when we are talking about the safety of some of our youngest residents. These concerns are not new. City Staff and residents have reached out to both County Staff and members of the Ramsey County Sheriff’s Office. In-fact, the County’s own Sheriff Deputies understand the safety concern and spend approximately twenty-five percent of their traffic enforcement resources for Arden Hills on a short stretch of Lake Johanna Boulevard heading to Tony Schmit Regional Park. Furthermore, County Staff has agreed there is a safety concern and offered to test alternative pavement markings to reduce speed and keep cars out of the shoulder, where pedestrians are forced to walk because there is not a true sidewalk heading to the park. It has been almost a year since the alternative markings were discussed, but no progress has been made to date on installation of these pavement markings. Why is the County failing to act? Why does the County continue to put the safety of Arden Hills’ residents at risk? In closing, the City of Arden Hills expects fair and equitable treatment for its residents, the same treatment afforded to other communities. We encourage you to travel down Lake Johanna Boulevard and put yourself in the shoes of a young family walking to the County’s park, and ask yourself if you would feel safe walking or biking on the shoulder of Lake Johanna Boulevard. City of Arden Hills ▪1245 West Highway 96 ▪ Arden Hills Minnesota 55112 Phone 651.792.7800 ▪ Fax 651.634.5137 ▪ www.cityofardenhills.org Sincerely, David Grant, Mayor Brenda Holden, Councilmember Dave McClung, Councilmember Fran Holmes, Councilmember Steve Scott, Councilmember Cc: Dave Perrault, City Administrator Todd Blomstrom, Public Works Director/City Engineer Joel Jamnik, City of Arden Hills City Attorney Ryan O’Connor, Ramsey County Ted Schoenecker, Ramsey County Bradley Estochen, Ramsey County January 11, 2021 City of Arden Hills Mayor and Councilmembers 1245 West Highway 96 Arden Hills, MN 55112 RE: Unsafe Access Concerns at Tony Schmidt Regional Park Dear Arden Hills city leaders, Thank you very much for your December 11, 2020 letter calling attention to the concerns around safety along Lake Johanna Boulevard. I have heard from many city residents with concerns about the safety along this corridor and been in touch with public works multiple times throughout th e last year on this topic. I asked our public works director, Ted Schoenecker to provide an overview of what measures have been attempted to mitigate these concerns and to identify potential future efforts that can further address these issues. His summary letter is included in this response. As for your suggestion to visit the park myself, I can assure you that Lake Johanna Park and nearby Perry Park are two of my family’s favorite places to visit in our community. We have visited Perry Park several times over the summer, walked the trails through Tony Schmidt, and enjoyed a COVID-safe family gathering at the beach to celebrate family birthdays in August. This area is a treasure and improving pedestrian facilities is firmly grounded in our county goals of strengthening individual, family, and community health, safety, and well-being. I appreciate your call for fair and equitable treatment of this corridor. I agree and hope this means that you are willing to partner together to invest in improvements in accordance with the county’s Cost Participation Policy. I am heartened to hear that public works is moving forward with the corridor study on Lake Johanna Blvd this year. With the commitment of Arden Hills leadership, I will be able to vigorously advocate to prioritize the resulting recommended improvements for inclusion in our 2021-2025 Transportation Improvement Plan. Thank you, Commissioner Nicole Frethem Ramsey County Commissioner, District 1 To: Arden Hills Mayor and Councilmembers From: Ted Schoenecker Ramsey County Public Works Director / County Engineer Date: January 7, 2021 Subject: Pedestrian and Bicycle Facilities along Lake Johanna Boulevard I am responding on behalf of Commissioner Frethem regarding the letter that was dated December 11, 2020 regarding the city’s concerns over unsafe pedestrian and bicycle access to Tony Schmidt Regional Park along Lake Johanna Boulevard (County State Aid Highway 149). When it comes to the county road system and working with staff from Arden Hills, we have a good working relationship and have been and will be making investments in the city: • In 2018, the city led the design and construction of a trail along County Road E from State Highway 51 to Old Snelling Avenue and along Old Snelling Avenue from County Road E to County Road E2. The county participated in the costs for this trail construction. During construction, there were some major issues that arose that required additional costs and the county increased our participation to help the city with this, with the county contributing approximately $550,000. • We are working with Arden Hills to reconstruct the County Road E / Old Snelling Avenue intersection to build a roundabout in 2023. This is a $1.5 million project with the county’s portion at about $1.1 million and the city’s at about $400,000. • Arden Hills is leading the installation of pedestrian median refuges at two locations on Hamline Avenue between County Road F and County Road 96. Total cost is approximately $110,00 with the costs split 50/50 between the county and city. • The county is leading the reconstruction of Lexington Avenue from County Road E to I-694 in 2022. This is a $12.5 million project, with the county’s portion at about $10.7 million and the local contribution at $1.8 million (this includes both Arden Hills and Shoreview). We have also been working closely with a developer in Arden Hills to try and accommodate and make improvements that help them. • Lambros Ditch from Lake Johanna to Johanna Marsh is being regraded/improved. Construction cost is approximately $500,000 for the county. • Old Snelling Avenue from County Road E to County Road 96 is identified for a pavement preservation project in 2023. Construction cost is approximately $1 million for the county. As we started to develop the future County 2021-2025 Transportation Improvement Plan (TIP), county staff met with all of the cities in the summer of 2020 to discuss current projects and potential future ones in each city. When we met with Arden Hills staff, we did talk about Lake Johanna Boulevard and the concerns that the residents have had in the area. Here are some of items that were considered, that have been completed and that are still yet to be done in the upcoming spring/summer: • County maintenance crews patched the deteriorating bituminous material that was in place behind the curb in locations along Lake Johanna Boulevard to make it a little more traversable by someone walking if they chose to walk there. • The roadway had already been restriped in 2018 to a narrower lane width of 10-11’ in attempt to provide more space on the shoulder and the sense of a narrower corridor for a driver to have them slow down. No changes were made to this or any other striping or pavement markings last year. • The county was made aware of a vehicle striking a parked car on the shoulder south of Lake Johanna so we examined the area to determine if alternative markings might help better delineate this space. Hatch markings (similar to what has been installed on the Edgerton Street bridge over I-694) were identified as something to install in an attempt to mitigate speeding and drivers using the shoulder of the road. These markings will be installed after spring sweeping is completed in this area and the temperatures are warm enough to allow installation. In our meeting with Arden Hills staff over the summer, we discussed the possibility of the county leading a corridor study along Lake Johanna Boulevard to see what the needs are, conduct community engagement, identify what a potential project could be and the costs associated with it. Any future project that involved the construction of a trail along this corridor would require city financial participation per the county’s Cost Participation Policy. At our meeting with city staff, they mentioned that city funding was limited and that they were unsure if the city would be able to participate financially in a future project. We received several requests in our meetings with the cities this past summer to conduct similar types of corridor studies for roadways within their communities. County funding availability and staff availability to manage multiple studies is limited. County staff has recently met to discuss this and determined that we will be conducting a corridor study along Lake Johanna Boulevard in the upcoming year along with a few other roadway corridors in the county. We will work with your staff as we develop the request for proposals for the corridor. It would be helpful to gain a better understanding on the city’s willingness to participate financially in a corridor study and/or in any future construction project on Lake Johanna Boulevard. We look forward to hearing from you or your staff on this matter. Cc: Nicole Frethem, County Commissioner Dave Perrault, City Administrator Todd Blomstrom, Public Works Director/City Engineer Joel Jamnik, City Attorney Ryan O’Connor, County Administrator Brad Estochen, County Traffic Engineer Page 1 of 3 AGENDA ITEM – 1B MEMORANDUM DATE: April 19, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Consulting Planner SUBJECT: Amendments to Development Agreement and Stormwater and Recreational Facilities Operation and Maintenance Agreement for Arden Hills Senior Housing Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Council may consider an amendment to assign the Development Contract and PUD Agreement for the Arden Hills Senior Living Development. This amendment assigns the Development Agreement to Trident Development, the new owner. Trident is also requesting City Council consideration of an amendment to the Stormwater and Recreational Facilities Operations and Maintenance Agreement. Background At its July 22, 2019, the City Council approved Planning Case 19-002 for a Comprehensive Plan Amendment, Rezoning, Conditional Use Permit, Preliminary Plat, and Site Plan Review for Summit Development. Summit Development is proposing to construct a three (3) story, 120-unit senior housing building which will include independent living, assisted living, memory care and skilled nursing. On March 9, 2020, the City Council approved the final plat and Development and PUD Agreement for this development. The plat was recorded in August, 2020, but construction has been delayed due to COVID. The PUD and CUP approvals expire on June 1, 2021, unless the City Council approves an extension or a building permits application has been submitted. After the agreements were approved in March, 2020, Summit Development, the original developer, transferred the project to Trident Development. This requires an amendment to the Page 2 of 3 original Development and PUD Agreement to recognize the change in developers. The City Attorney has reviewed this amendment (see Attachment A). As part of the original approval, the developer agreed to construct an 8-foot-wide bituminous trail with senior oriented workout stations. Each station will have senior oriented fitness equipment. The proposed trail is connected to the trail along Snelling Avenue via a trail along Parkshore Drive, but the nearest connection to the west is approximately ¼ mile away. Because of this, the original agreement required the developer to maintain the interior trail and workout stations until a future connection could be made. Page 3 of 3 Trident Development is requesting a change to this provision. The main motivation behind this request is insurability. They have proposed two options. 1. Option 1 includes a one-time, upfront payment of $100,000 to the City. In exchange, the the inspection, maintenance, and repair of public trails and exercise equipment located on city- owned land would be the City’s responsibility. The developer would continue to maintain stormwater pond and fire lane (see Attachment B). This is the developer’s preferred option. 2. Option 2 would modify the agreement to shift the inspection, repair, and maintenance responsibilities for the public trails and exercise equipment located on city-owned land, back to the city. The developer would provide an annual payment to the City of up to $5,000 to cover the costs of this maintenance (see Attachment C). It should be noted all other conditions of approval for this development will remain in effect. Discussion Staff is looking for Council direction on the following items. 1. Is the Council willing to make a change to the approved Stormwater and Recreation Equipment Operation and Maintenance Agreement? Yes/No 2. If Council supports the change, which option is preferred? Option 1/Option 2 Next Steps 1. The City Attorney has reviewed the changes to the overall Development Agreement (Attachment A). Regardless of the Council’s decision on the Stormwater and Recreation Equipment Agreement, the revised Development Agreement must be approved by the Council. We plan to bring this to the April 26, 2021 regular City Council meeting. 2. If the Council is agreeable to changes to the Stormwater and Recreation Equipment agreement, it should provide staff direction on the preferred option. The City Attorney has briefly reviewed both these drafts. Once the Council provides specific direction, he will review that draft and provide comments to the developer. We intend to bring this final draft to the City Council on April 26, 2021, with the full Development Agreement. Budget Impact N/A Attachments A. Amended Development and PUD Agreement B. Option 1 Agreement C. Option 2 Agreement 187184v1 1 (reserved for recording information) AMENDED & RESTATED DEVELOPMENT CONTRACT and PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) ARDEN HILLS SENIOR LIVING (PC #19-002) THIS DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (“Agreement”) is dated December 9, 2019____________, 2021, by and between the CITY OF ARDEN HILLS, a Minnesota municipal corporation (“City”), and Arden Hills Senior Living,AHSL Partners LLC, a Minnesota limited liberty company, (the “Developer”). This Agreement hereby amends, restates, and replaces the Development Contract and Planned Unit Development Agreement dated December 9, 2019, recorded on August 20, 2020; recording number: A0482982. 1. REQUEST FOR APPROVAL. The Developer has asked the City to approve a plat and Planned Unit Development) for Arden Hills Senior Living (referred to in this Contract as the "Development"). The land is situated in the County of Ramsey, State of Minnesota, and is legally described as set forth on Exhibit A hereto (“Subject Property”). Attachment A 187184v1 2 2. CONDITIONS OF APPROVAL. A. The City hereby approves the Development on condition that the Developer enter into this Agreement, furnish the security and fees required by it, and record the Agreement with the County Recorder or Registrar of Titles prior to the issuance of a grading and erosion control permit. B. The City hereby grants approval to the Development (identified as Plans A through P in paragraph 7 of this Agreement); as adopted on the 22nd day of July 2019 by Resolution No. 2019-024, and compliance with the terms and conditions of this Agreement and all other City requirements which are in effect. The specific conditions, requirements, and terms of approval are as set forth in City Resolution No.2019-024, adopted by the Arden Hills City Council on the 22nd day of July, 2019 and as identified in Exhibit DC. 3. RIGHT TO PROCEED. Within the plat or subject property, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat, if any, and this Agreement have been recorded with the Ramsey County Recorder's/Registrar’s Office, and 4) the City’s Administrator has issued a letter that the Developer may proceed. 4. PHASED DEVELOPMENT. Not Applicable 5. PRELIMINARY PLAT STATUS. The preliminary plat approval shall lapse and be void unless final platted into lots and blocks -within one (1) year after preliminary plat approval as specified by state law. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat or approved 187184v1 3 development unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement with respect to property which did not receive final plat or development approval less than two (2) years prior to any such amendments. 7. DEVELOPMENT PLANS. The Project is illustrated and described on the following documents (“Plans”), attached in Exhibit C D and incorporated as part of Planning Case 19-02, on file and of record at the City of Arden Hills: The Plans are: Plan A – Cover Sheet and Notes (C-1), dated 6/25/19 Plan B – Existing Conditions (C-2), dated 6/25/19 Plan C – Preliminary Plat (C-3), dated 6/25/19 Plan D – Site Plan (C-4), dated 6/25/19 Plan E – Utility Plan (C-5), dated 6/25/19 Plan F – Grading, Drainage, & Erosion Control Plan (C-6), dated 6/25/19 Plan G – Stormwater Pollution Prevention Plan (C-7), dated 6/25/19 Plan H – Details Plan (C-8 and C-9), dated 6/25/19 Plan I – Landscape Plan (L1), dated 6/25/19 Plan J - Planting Plan (L2), dated 6/25/19 Plan K – Tree Preservation Plan (TP1 and TP2), dated 6/25/19 Plan L – Photometric Plan (Pg. 1), dated 6/25/19 Plan M – Parking Plan Counts (Cover sheet), dated 6/25/19 Plan N – Plan Sets (10 pages) Plan P – Final Plat (Sheet 1 and 2), dated 6/25/19 8. IMPROVEMENTS. The Developer shall install and pay for the following as required to be built within the project as public and private improvements in accordance with the approved Plans: A. Sanitary Sewer System 187184v1 4 B. Water System C. Storm Sewer System D. Driveways, Parking Areas and connections to Streets E. Site Grading, Stormwater Filtration System and Erosion Control F. Landscaping and tree preservations G. Underground Utilities H. Setting of Iron Monuments, including Monuments described in the Wetland Overlay District I. Surveying and Staking J. Sidewalks and Trails K. Traffic Control Signs L. Parks, Playgrounds and other Recreation Facilities and Areas The improvements shall be installed in accordance with the City Code. The Developer will not use power equipment between the hours of 7 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications for permit which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer which approval shall be provided on the condition that such submittals comply with the Plans and this Agreement. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work as the City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Developer will install sidewalks just prior to the installation of the final lift of asphalt. 9. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement, the improvements lying within public easements shall become City property 187184v1 5 without further notice or action. Upon completion of the public improvements, the City shall inspect the public improvements and notify Developer if any of the improvements do not conform to the requirements of this Agreement. Upon compliance with this Agreement with respect to public improvements, the City shall give formal notice of acceptance to Developer and thereafter Developer shall have responsibility with respect to the maintenance of the public improvements as described in Section 16 and Exhibit BE. The Developer shall, at its expense, prepare any streets for snowplowing and other maintenance that the Developer wishes the City to undertake prior to formal acceptance by the City of such streets. This preparation shall include, without limitations, ramping any manholes as necessary to avoid damage to snowplows or other vehicles used in street maintenance. Should damage occur to City snowplows or other vehicles during the course of snowplowing or other maintenance procedures prior to formal acceptance of the street by the City, the Developer shall pay all such damages and shall indemnify and hold the City harmless for all such damage, cost, or expense incurred by the City with regard thereto. 10. WARRANTY. The Developer warrants all public improvements required to be constructed by it pursuant to this Agreement for a period of twenty-four (24) months from the date of acceptance by the City against poor material and faulty workmanship. All trees and shrubs shall be warranted to be alive, of good quality, and disease free for twenty-four (24) months after planting. Any replacements shall be warranted for twenty-four (24) months from the time of planting. 11. IRON MONUMENTS. In accordance with Minnesota Statutes 505.021 and Arden Hills City Code Section 1140.01 the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 12. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to the following to the extent required: x Ramsey County for County Road Access and Work in County Rights-of-Way x MnDot for State Highway Access 187184v1 6 x Minnesota Department of Health for Watermains x MPCA for Storm Water Issues, Sanitary Sewer and Hazardous Material Removal and Disposal x DNR for Dewatering x City of Arden Hills for Building Permits x City of Arden Hills Grading and Erosion Control Permit x Rice Creek Watershed District x NPDES Stormwater Permit x Any other permits that may be required 13. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 14. TIME OF PERFORMANCE. The Developer shall furnish and install all required public and private improvements in accordance with the Plans approved by the City on or before October 30, 20210May 1, 2023. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement must have the written approval of the City Engineer, and may be delayed or scheduled at any time of the year based upon existing site conditions at the discretion of the City Engineer. 15. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 16. OPERATION, MAINTENANCE AND EASEMENTS. The Developer shall provide for the operation, maintenance and dedication of easements for proposed facility improvements in accordance 187184v1 7 with the executed Stormwater and Recreational Facilities Operation, Maintenance and Easement Agreement as provided in Exhibit BE. 17. EROSION CONTROL. Prior to initiating site grading, the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if reasonably required. All areas disturbed by the excavation and backfilling operations shall be reseeded within fourteen ive (145) days after the completion of the work, weather permitting, or in an area that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be maintained as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten thirty (3010) days, the City may draw down the letter of credit to pay any costs. No development, street or utility construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan.[MM1][MM2]. 18. GRADING PLAN. The plat shall be graded in accordance with the approved grading development and erosion control plan. The plan shall conform to City of Arden Hills specifications. Within thirty (30) days after Prior to the issuance of a Certificate of Occupancy completion of the grading and before the City approves individual building permits the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches for public drainage have been constructed on public easements or land owned by the City. Notwithstanding the foregoing, the City may issue building permits to the Developer, prior to completion 187184v1 8 of all grading, provided the City Engineer has determined that adequate erosion control measures are in place. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. 19. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 20. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be at standard hourly rates. Developer will provide a $7,500.00 escrow, which is separate and in addition to any other escrow funds for this developer/development. The Developer shall pay for construction observation performed by the City's consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and will be billed on standard hourly rates. 21. CLAIMS. In the event that the City receives claims from labor, material, or others that work required by this Agreement has been performed, the sums due them have not been paid, and the laborers, material, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the 187184v1 9 funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. 22. SANITARY SEWER CHARGES. The Development is subject to a charge for Sanitary Sewer in the estimated amount of $226,238.80 $103,468.80 payable to the city prior issuance of a building permit. The estimated sanitary sewer charges are identified below. The sewer availability fee is determined based on the Metropolitan Council’s formula for calculating new sewer availability charge (SAC) units. The Developer shall apply to the Metropolitan Council for a SAC determination for the project. The Parties acknowledge that the following costs are estimates prepared prior to receiving a SAC unit determination from the Metropolitan Council, and final charges will be adjusted in accordance with the adopted fee schedule for the City of Arden Hills and number of SAC units. Sewer Connection Fee: $840.00/acre x 5.32 acres = $4,468.80 (City) Sewer Availability Fee: $825.00/unit x 12067 units = $99,000$55,275.00 (City) Metro Sewer Availability Charge: $2,485/unit x 67 units = $166,495.00 (MCES) 23. WATER CHARGES. The Development is subject to a charge for Water supply in the estimated amount of $169,468.80$96,593.80 payable to the city prior to issuance of a building permit. The estimated water charges are identified below. The water availability fee is determined based on the Metropolitan Council’s formula for calculating new sewer availability charge (SAC) units. The Developer shall apply to the Metropolitan Council for a SAC determination for the project. The Parties acknowledge that the following costs are estimates prepared prior to receiving a SAC unit determination from the Metropolitan Council, and final 187184v1 10 charges will be adjusted in accordance with the adopted fee schedule for the City of Arden Hills and number of SAC units. Water Connection Fee: $840.00/acre x 5.32 acres = $4,468.80 Water Availability Fee: $1,375.00/unit x 12067 units = $165,000$92,125.00 23. STORM SEWER CHARGE. The Development is subject to charges for Stormwater review and approval by the Rice Creek Watershed District. 25. TRAFFIC CONTROL SIGNS, STREET LIGHT AND STREET MAINTENANCE COSTS. Not Applicable 26. PARK DEDICATION. The Developer will install the improvements to the Park as shown on approved Plan D. The Developer shall provide a Security of $223,264.56, which is based on 125% of the cost of improvements as listed in Exhibit CB. 27. LANDSCAPING. The Developer will pay prior to the issuance of a building permit, the amount of $20,000.00 as required by Condition #18 in Resolution No. 2019-024 dated July 22, 2019. 28. TREE PRESERVATION. The Developer will implement the tree preservation plan as shown on approved Plan K. 29. SPECIAL PROVISIONS. The following special provisions shall apply to the development: A. Implementation of the recommendations listed in Resolution No. 2019-024, dated July 22, 2019. B. The Developer shall post a $2,500 security for the final placement of interior subdivision iron monuments at property corners and the placement of all monument. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. 187184v1 11 C. The Developer shall pay the cost for the preparation of record construction drawings and City base map upgrading by the City Engineer as part of the Administrative / Engineering Fee. D. The Developer is required to submit the final plat in electronic format. The electronic format shall be Auto CAD file. E. The Developer must obtain a sign permit from the City prior to installation of any signs for the development. F. Prior to recording of this Agreement with Ramsey County and the conveyance of the Subject Property from Arden Hills Senior Living, LLC to Developer, (i) Developer shall cause Arden Hills Senior Living, LLC to provide a Warranty Quit Claim Deeds for Outlot A, Arden Hills Senior Living, Ramsey County, Minnesota, to the City of Arden Hills, and (ii) the City of Arden Hills shall deliver a Quit Claim Deed for Lot 1, Block 1, Arden Hills Senior Living, Ramsey County, Minnesota, to Arden Hills Senior Living, LLC simultaneously with the recording of the Plat or Development Agreement with Ramsey County, unless conveyance of the outlots is effectuated by the Final Plat. 30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Agreement, payment of the costs of all improvements, and construction of all public and private improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank (“security”) for $334,107.50$372,434.00. The amount of the security includes all of the security requirements set forth in the preceding sections of this Agreement, and was calculated as follows: CONSTRUCTION COSTS: Storm Sewer/Drain tile $10,955.00 Erosion Control/Grading Certification $7,073.00 Streets $52,450.00 Sidewalk/Trail $15,336.00 Park Improvements $178,611.65 CONSTRUCTION SUB-TOTAL $249,243.00264,425.00 OTHER COSTS: 187184v1 12 Landscape Screen$45,843.00 Lot Corners/Iron Monuments $2,861.00 OTHER COSTS SUB-TOTAL $48,704.00 2,861.00 TOTAL SECURITIES: $267,28697,947.0065 GRAND TOTAL SECURITIES (125%) $33472,434107.500 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The security shall be for a term ending November 30, 20212. Individual security instruments may be for shorter terms provided they are replaced at least thirty (30) days prior to their expiration. The City may draw down the security, upon five fifteen (15) business days prior written notice to Developer, for any violation of the terms of this Agreement. Amounts drawn shall not exceed the amounts necessary to cure to the default. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied in accordance with approved plans, the security shall be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed and all financial obligations to the City satisfied. The City standard specifications for utilities and street construction outline procedures for security reductions. 31. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Agreement which must be furnished to the City prior to the recoding of the final platissuance of a building permit and execution of this Agreement by the City: Engineering, City Administration Legal Expenses (Section 18) escrow $1,500.00 Engineering Site Observation $7,500.00 Sewer Connection Fee $4,468.800 Sewer Availability Fee $99,000.00$55,275.00 MCES Sewer Fee $166,495.00 187184v1 13 Water Connection Fee $4,468.800 Water Availability Fee $165,000.00$92,125.00 Street Protection and Repair Escrow $15,000.00 Landscaping Escrow $20,000.00 Total Cash Requirements $289,436316,936.00$366,832.60 The City is implementing a pass through billing process. The $289,436.00366,832.60 escrow will be held and all bills will be forwarded for immediate payment. If payments are not made in a timely fashion, the project will stop until payments are made. If said fees are less than estimated, the City shall reimburse the Developer within thirty (30) days of receipt of final invoices. 32. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. C. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This is an obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat or property, or any part of it. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30)sixty (60)[JG3] days after receipt. If the bills are not paid on 187184v1 14 time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30)sixty (60) days shall accrue interest at the rate of eighteen percent (18%) per year. E. In addition to the charges herein and special assessments referred to herein, other charges as required by City ordinance may be imposed such as, but not limited to, sewer access charges ("SAC"), water access charges, and building permit fees. 32. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, state, and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. B. This Agreement shall run with the land and may be recorded against the title to the Subject Property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Subject Property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Any transfer of an ownership interest in the Subject Property is an assignment of the rights and obligations herein to the subsequent owner. 187184v1 15 C. Third parties shall have no recourse against the City or Developer under this Agreement. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. Developer will hold the City and its officers, agents, and employees harmless from claims made by third parties, including but not limited to other property owners, tenants, contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or injuries resulting from approval of this Planned Unit Development and the development of the Subject Property unless such claims are caused by the City’s negligent, reckless or willful misconduct. The Developer will indemnify the City and its officers, agents, and employees for all costs, damages, or expenses, including reasonable engineering and attorney's fees, which the City may pay or incur in consequence of such claims, except if caused by City negligence, reckless or willful misconduct. G. In addition to all legal or equitable remedies, breach of any material term of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties, and Certificates of Occupancy. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be 187184v1 16 deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, commercial general liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its contractors or by one directly or indirectly employed by any of them. The insurance may be provided by a single policy or multiple policies including excess of or umbrella policies and shall have limits for bodily injury and death not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for property damage shall be not less than $1,000,000 for each occurrence; or a combination single limit policy of $2,000,000 or more. The City shall be named as an additional insured on the policies, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat or issuing any permits. The certificate shall provide that the City must be given advance written notice of the cancellation of the insurance. J. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in writing. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be 187184v1 17 deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer will pay in full all invoices submitted to it by the City within sixty (60) days after receipt which reasonably evidence those costs incurred in the drafting, enforcement and supervision of this Agreement, including reasonable engineering, planning, and attorney's fees. If the invoices are not paid on time, the City may halt all development work until the invoices are paid in full. Invoices not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest charge. M Developer shall be responsible for all snow removal from sidewalks on vacant lots to the extent that City Ordinance requires snow removal from sidewalks on constructed homes. Developer shall be responsible for ensuring that all vacant lots comply with the City’s Code regarding nuisances. N Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls the development plans, or special conditions referred to in this Agreement required to be constructed shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. 35. SUCCESSORS AND ASSIGNS. The Developer may not assign this Agreement without the written permission of the City Council. This Development Contract shall be binding upon and inure to the benefit of the parties and their respected successors and assigns, including without limitation, any and all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with any interest in the Property. Should the Developer convey any lot or lots in the Plat to a third party, the city and the owner of that lot or those lots may amend the Development or this Development Contract, 187184v1 18 with City approval, or use of those lots without the approval or consent of the other lot owners within the Plat. Private agreements between the owners of lots within the Plat for shared service or access and related matters necessary for the efficient use of the Property shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner. 36. COUNTERPARTS. This Development Contract may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Summit Development Inc. 24707 County Road 75 St. Augusta, MN 56301AHSL Partners LLC, 3601 18th Street South, Suite 103, St. Cloud, MN 56301. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112. [Signatures on the following pages.] 187184v1 19 Signature page to Development Contract and PUD Agreement [name of plat] CITY OF ARDEN HILLS BY: _____________________________________ Mayor (SEAL) BY: _____________________________________ City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ________ day of __________________, 20____, by ___________________________________ and by ___________________________________ , the Mayor and City Administrator of the City of Arden Hills, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ Notary Public 187184v1 20 DEVELOPER: _________________________________________AHS L PARTNERS LLC BY:______________________________________: Jeffrey Drown Its ___________________________: President STATE OF MINNESOTA ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ________ day of __________________, 2021 , by Jeffrey Drown, the President of AHSL Partners LLC, a Minnesota limited liability company, on it behalf. ______________________________________________ Notary Public The foregoing instrument was acknowledged before me this ________ day of __________________, 20____, by ___________________________________ the __________________________ of ____________________________________________, a _________________, on its behalf. ______________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 187184v1 21 Telephone: (651) 452-5000 JJJ 187184v1 22 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT _______________________________________, a _____________________________, fee owner(s) of all or part of the Subject Property, the development of which is governed by the foregoing Development Contract, affirm(s) and consent(s) to the provisions thereof and agree(s) to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this _____ day of _________________, 20___. ________________________________________ By: _____________________________________ Its _____________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 20____, by _____________________________, the ______________________ of _________________________________, a ____________________________, on behalf of the _______________________________________. ________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 187184v1 23 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, which mortgage is dated ___________ and recorded _____________ with the Ramsey County Recorder/Registrar as document number __________, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2_____, by ______________________________________________________. ________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 187184v1 24 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description Lots 1, 2, 3 and 4, Block 1, ARDEN HILLS SENIOR LIVING NORTH RIDGE APARTMENTS ADDITION, Ramsey County, Minnesota. AND Outlot B, ARDEN HILLS SENIOR LIVING, Ramsey County, Minnesota. And that the City of Arden Hills, a Minnesota Municipal Corporation, owner of the following described property situated in the City of Arden Hills, County of Ramsey, State of Minnesota: Park as donated in the plat of NORTH RIDGE APARTMENTS ADDITION, Ramsey County, Minnesota; AND That part of the Southwest Quarter of the Southeast Quarter of Section 21, Township 30, Range 23, Ramsey County, Minnesota described as follows: Commencing at the Northwest corner of said Southwest Quarter of the Southeast Quarter of Section 21, Township 30, Range 23, Ramsey County, Minnesota; thence Easterly along the North line of said Southwest Quarter of the Southeast Quarter a distance of 950.00 feet to the point of beginning of the parcel of land to be described; thence Easterly along the North line of said Southwest Quarter of the Southeast Quarter a distance of 194.00 feet, more or less, to the Northwest corner of NORTH RIDGE APARTMENTS ADDITION, according to the recorded plat thereof; thence South 0 degrees 26 minutes 16 seconds East, along the West line of said NORTH RIDGE APARTMENTS ADDITION, a distance of 410.52 feet to the Southwest corner of said NORTH RIDGE APARTMENTS ADDITION; thence North 87 degrees 17 minutes 57 seconds West along the Northwesterly extension of the South line of said NORTH RIDGE APARTMENTS ADDITION, a distance of 194.00 feet; thence North 0 degrees 28 minutes 50 seconds West a distance of 400.55 feet to the point of beginning.[MM4][PB5] 187184v1 25 EXHIBIT “B” TO DEVELOPMENT CONTRACT[PB6][MM7] Operations and Maintenance agreement 187184v1 26 EXHIBIT “CB” TO DEVELOPMENT CONTRACT[PB8][MM9] Arden Hills Park Improvement Budget 187184v1 27 EXHIBIT “DC” TO DEVELOPMENT CONTRACT Conditions of Approval 1. Approval of the Site Plan, Planned Unit Development, and Preliminary Plat is contingent upon Metropolitan Council approval of the Comprehensive Plan Amendment. The effective date of the City Council approval will be the date of the Metropolitan Council approval. 2. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to the plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 3. The Conditional Use Permit and Planned Unit Development approvals shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. 4. The Preliminary Plat approval shall expire six months from the date of the City Council approval unless the Final Plat has recorded with Ramsey County or a time extension granted by the City Council. 5. Prior to the release of the Final Plat for recording, the Applicant shall enter into a Development Agreement. 6. The Final Plat shall be recorded prior to the issuance of a building permit. 7. Prior to the issuance of a building permit, the Applicant shall deed Outlot A to the City. Dedication shall occur free of encumbrances and at no cost to the City. 8. All disturbed boulevards shall be restored with sod. 9. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 10. The maximum number of units allowed on site is 120. 11. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. Other than wash or architectural lighting, attached security lighting shall be shoebox style, downward directed with flush lenses. If complaints are received the lighting adjacent to residential uses shall utilize house shields as directed by the City. In addition, any lighting under canopies (building entries) shall be recessed and use a flush lens. 12. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be those in effect at the time of Final Plat approval and shall be memorialized in the Development Agreement. 13. A right-of-way permit shall be required for work performed within the City right-of- way. 14. No exterior storage shall be permitted. 15. Prior to the issuance of a land disturbance permit, the Applicant shall submit an operation and maintenance plan for the long-term care of all on-site and off-site 187184v1 28 stormwater, sanitary sewer, and water main to the City for review and approval. The Applicant will be responsible to carry out these operation and maintenance activities and to submit the appropriate documentation to the City as specified. 16. Any future trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 17. This approval does not include signs. A separate sign permit is required for all proposed signage. All signage shall meet the requirements of Sign District 2. 18. Prior to the issuance of a building permit, a landscape financial security of $20,000.00 dollars shall be submitted. Landscape financial security is held for two full growing seasons. 19. Before construction, grading, or land clearing begins, trees or tree areas that are to be preserved shall be visibly marked and city-approved tree protection fencing or other method shall be installed and maintained at the critical root zones of the trees to be protected. The location of the fencing shall be in conformance with the approved tree preservation plan and approved by staff in writing. 20. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 21. All fencing and retaining wall materials shall be complementary to the building materials and shall be approved in writing by the Planning Division prior to issuance of a building permit. Retaining walls greater than four (4) feet in height shall be engineered and detailed calculations shall be submitted to the City. 22. Prior to City Council, the Applicant shall submit a materials board to be approved in writing by staff. 23. A Grading and Erosion permit shall be obtained from the City’s Engineering Division prior to commencing any grading, land disturbance or utility activities. The Developer shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, and Ramsey County, MNDOT prior to the start of any site activities. 24. The Applicant shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 25. Prior to the issuance Grading and Erosion permit, the Engineering Department shall review and approve final grading and utility plans in writing. 26. All proposed workout station equipment shall be approved by City staff prior to the issuance of a building permit. 27. The Applicant shall update the landscaping plan to meet the required tree mitigation prior to the issuance of a Grading and Erosion control permit. 28. The property owners shall complete snow removal, maintenance and replacement of all proposed sidewalks and trails unless a written agreement between the City and owner establishes a different requirement. 187184v1 29 29. The property owner and the City shall come to an agreement on connecting the proposed trial and the future trail upon opening the park space. 30. Memory care and assisted living shall be parked at .5 stalls per unit. 31. The Applicant shall construct six (6) workout stations. 32. The Applicant shall work with staff to provide a child amenity within the park. 187184v1 30 EXHIBIT “D” TO DEVELOPMENT CONTRACT Approved Plans 187184v1 31 EXHIBIT “E” TO DEVELOPMENT CONTRACT[PB10][MM11] Operations and Maintenance agreement 187184v1 32 IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Arden Hills Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. ________, dated _____________, 2______, of (Name of Bank) "; b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Arden Hills certifying that ________________________________ is in default of the Development Contract with the City of Arden Hills and that five (5) business days prior written notice has been given by the City to the Developer with respect to the existence of such default, and such default has not been cured. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2______. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Arden Hills City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Arden Hills City Administrator, 1245 Highway 96, Arden Hills, MN 55112, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: ____________________________________ Its ______________________________ 187184v1 33 CERTIFICATE OF INSURANCE[PB12] LIABILITY & WORKERS' COMPENSATION This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. PROJECT: ___________________________________________ CERTIFICATE HOLDER & ADDITIONAL INSURED: City of Arden Hills ADDRESS: ARCH/ENGR:__________________________________________ INSURED:______________________________________ ADDRESS:___________________________________ ___________________________________ AGENT:________________________________________ ADDRESS:___________________________________ ___________________________________ WORKERS' COMPENSATION COVERAGE POLICY #______________________ EFFECTIVE DATE____/____/____ EXPIRATION DATE____/____/____ INSURANCE COMPANY:________________________________________ COVERAGE-Workers' Compensation, Statutory. Employers' Liability Limit $__________Each Accident $___________Disease Policy Limit $___________ Disease Employee Limit ($500,000 Policy limit applies to both accident and disease) GENERAL LIABILITY POLICY #______________________EFFECTIVE DATE____/____/____ EXPIRATION DATE____/____/____ INSURANCE COMPANY:________________________________________________ ( )Claims Made ( )Occurrence ( )Owner's & Contractors Protective ( ) Other LIMITS: General Aggregate Limit (Other Than Products-Completed Operations) $ ______________________ Products-Completed Operations Aggregate Limit $ ______________________ Personal & Advertising Injury Limit $ ______________________ Each Occurrence $ ______________________ 187184v1 34 COVERAGE PROVIDED Operations of Contractor: Yes____ No____ Government Immunity is Waived Yes____ No____ Operations of Sub-Contractor (Contingent): Yes____ No____ Property Damage Liability Includes Does Personal Injury Include Damage Due to Blasting Yes____ No____ Claims Related to Employment: Yes____ No____ Damage Due to Collapse Yes____ No____ Completed Operations/Products: Yes____ No____ Damage To Underground Facilities Yes____ No____ Contractual Liability (Broad Form): Yes____ No____ Broad Form Property Damage Yes____ No____ EXCEPTIONS: AUTOMOBILE LIABILITY POLICY #________________________ EFFECTIVE DATE: ___/___/___ EXPIRATION DATE: ___/___/___ INSURANCE COMPANY: _______________________________________ ( )Any Auto ( )All Owned Autos ( )Scheduled Autos ( )Hired Autos ( )Non-Owned Autos LIMITS: Bodily Injury $_________ Each Person / $________ Each Occurrence OR Combined Single Limit $__________ Property Damage $_____________ Each Occurrence UMBRELLA EXCESS LIABILITY POLICY #_____________________ EFFECTIVE DATE:____/____/____ EXPIRATION DATE:____/____/____ INSURANCE COMPANY_________________________________________ LIMITS: Single Limit Bodily Injury and Property Damage $_______________Each Occurrence $__________________Aggregate COVERAGE PROVIDED: Applies in excess of the coverages listed above for Employers' Liability, General Liability, and Automobile Liability: Yes_____ No_____ Are any deductibles applicable to bodily injury or property damage on any of the above coverages? Yes_____ No_____ If So, List Amount $________________ AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes_____No_____ Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days notice to the parties to whom this certificate is issued. Dated at: ________________________ On: _______________________ By: ____________________________ MN License #________ Authorized Insurance Representative 1 203267v1 AMENDED AND RESTATED STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT THIS AMENDED AND RESTATED STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT (this “Agreement”)is made and entered into as of the ______ day of _____________, 20210, by and between ARDEN HILLS SENIOR LIVING,AHSL PARTNERS LLC, a Minnesota limited liability company (the “Owner”) and the CITY OF ARDEN HILLS, a Minnesota municipal corporation (the “City”). This Agreement hereby amends, restates, and replaces that certain Stormwater and Recreational Facilities Operation, Maintenance and Easement Agreement, dated March 9, 2020, by and between the City and Arden Hills Senior Living, LLC, a Minnesota limited liability company, Owner’s predecessor-in-interest (the “Original Agreement”), which Original Agreement was attached as Exhibit B to that certain Development Agreement recorded in the Office of the County Recorded, Ramsey County, Minnesota, as Document No. A04829982. The Original Agreement is hereby made null and void and of no force or effect. RECITALS A. The Owner is the fee owner of certain real property located in Ramsey County, Minnesota, legally described in Exhibit A attached hereto ("Owner Property"); and B. The City is the fee owner of certain real property located in Ramsey County, Minnesota, legally described in Exhibit B attached hereto (“City Property”) (Owner Property and City Property collectively referred to “Properties”); and C. The Owner is proceeding to build on and develop the Owner Property, and has requested approval of the Planned Unit Development Agreement, Site Plan, Conditional Use Permit and Final Plat (collectively “Plans”) for the proposed development; and D. The final Plans for Arden Hills Senior Living, which are expressly made a part hereof, as approved or to be approved by the City, provides for piping/detention/retention of $WWDFKPHQW% 2 203267v1 stormwater facilities, as well as the construction and maintenance of a trail with a minimum of six recreational stations, and a fire lane (collectively “Facilities”), as generally depicted on Exhibit C attached hereto; provided, however said final Plans, as approved or to be approved by the City shall govern; and E. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Arden Hills, Minnesota, require that the on-site stormwater management facilities included within the Facilities (the “Stormwater Facilities”) be constructed and maintained on the City PropertyProperties, as well as the construction and maintenance of the remainder of the Facilities; and F. The City requires that the Stormwater Facilities as shown on the Plans be constructed and adequately maintained by the Owner as a condition of final approval of the Plans. G. The City requires that the Non-Stormwater Facilities as shown on the Plans be constructed by the Owner at the Owner’s cost and maintained by the City at the City’s cost, subject to the terms set forth herein, as a condition of final approval of the Plans. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plans. 2. Maintenance of Stormwater Improvements. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the Stormwater Maintenance Plan and the City engineering standards for stormwater treatment facilities attached hereto as Exhibit E. This includes all pipes, channels, and other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their designed functions. B. The Owner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed and comply with all federal, state, and local regulations relating to the disposal of material. 3. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be inspected and submit an inspection report annually to the City and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire Stormwater fFacilities, including, without limitation,berms, outlet structure, pond areas, access roads, buffers, etc. Deficiencies shall be noted in the inspection report. A storage treatment basin will be considered 3 203267v1 inadequate if it is not compliant with all requirements of the approved Plan and City engineering standards set forth in Exhibit E. 4. City Access and Maintenance Rights. A. The Owner hereby grants permission to the City, its authorized agents and employees, to enter upon the Owner Property and to inspect the stormwater management facilities during normal business hours (unless during an emergency that requires immediate access) as the City deems necessary. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event the Owner, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Owner written notice of such failure, the City may enter upon the City Property and the Stormwater Easement Area (defined below) and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may assess the City’s costs to the Owner’s property taxes, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation from of the Stormwater Facilities, except to the extent arising from City’s breach of this Agreement or the City’s negligence or intentional misconduct. The Owner expressly agrees to defend and hold the City harmless from any such third-party claim. 5. Grant of Easement. Owner hereby grants to the City, its successors and assigns, a permanent non-exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through the Eeasement Aarea legally described on Exhibit D, attached hereto and incorporated herein (the “Stormwater Easement Area”). The easement shall include the rights, but not the obligation, of the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, pave, and excavate the Stormwater Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said private Stormwater Facilities systems. City hereby grants to the Owner a permanent non-exclusive easement over the portions of the City Property containing Stormwater Facilities located on City Property as provided legally described in Exhibit F for the purpose of Owner to construct,maintain, repair, and replace said Stormwater Facilities. City hereby grants to the Owner a permanent non-exclusive easement located on, over, and across the portion of the City Property legally described on Exhibit X, attached hereto and incorporated herein, to provide site for the purposes of access to and from the Owner Property from the existing 4 203267v1 Park Shore Drive public right of way (the “Roadway Easement Area”)as provided in Exhibit X. The Owner shall have the right to construct, maintain, replace, and repair a roadway within the Roadway Easement Area, and the City shall not obstruct, or allow to be obstructed, the Roadway Easement Area. 6. Construction, Maintenance and Restoration of Trail and Recreational Stations. Owner shall construct the trail containing a minimum of six recreational stations that are included in the Facilities, and at least one of which must be designed primarily for the use of children, in accordance with the plans and specifications identified in the Plans. City hereby grants to Owner a temporary non-exclusive easement over, under, across, and above the City Property for the purpose of Owner’s construction of the trail and recreational stations referenced herein (the “Temporary Trail Construction Easement”). The Temporary Trail Construction Easement shall expire upon Owner’s completion of construction of the trail and recreational stations to be constructed as part of the Facilities in accordance with the Plans. A.After completion of construction by Owner, Aall maintenance, repair and replacement of the trail and recreational stations constructed as part of the Facilities shall be performed by Owner the City in accordance with the City’s standard practices for similar trails and facilities at the City’s cost. It is expressly understood and agreed that the Owner is under no obligation to maintain, repair, or replace said trail or recreational stations, and in no event shall this Agreement be construed to impose any such obligation on the Owner. The City agrees that it is, and will be, solely responsible for legal claims and addressing complaints brought by any third party regarding the maintenance, repair, replacement, and operation of said trail and recreational stations, except to the extent arising from the Owner’s breach of this Agreement or the Owner’s negligence or intentional misconduct. The City expressly agrees to indemnify, defend and hold the Owner harmless from any such third-party claim. in a manner that causes as little disturbance to the City Property as may be practicable under the circumstances. Any and all portions of the surface area of the City Property which may have been excavated, damaged or otherwise disturbed as a result of such work shall be restored, at the sole cost and expense of the Owner, to essentially the same condition as the same were in prior to the commencement of any such work. B.In exchange for the City’s assumption of the maintenance, repair, and replacement of the trail and recreational stations constructed as part of the Facilities, Owner agrees to pay the City an amount equal to One Hundred Thousand Dollars ($100,000), and thereafter Owner shall not be required to reimburse the City for any costs incurred by the City in connection with such maintenance, repair and/or replacement. In addition, the City hereby agrees that in no event will the City assess any such maintenance, repair and/or replacement costs against the Owner Property or Outlot B, ARDEN HILLS SENIOR LIVING, Ramsey County, Minnesota.The Owner, at its sole cost and expense, shall maintain, repair and, when necessary, replace, the trail and recreational stations so that the trail and stations are at all times in good working order, condition and repair, reasonable wear and tear excepted. Maintenance shall include plowing of snow on the trail within 24 hours of snow events, moving a 36-inch wide strip along all sides of trail and recreational stations, sweeping the trail in May, July and October each year, cleaning, inspecting and repairing recreational stations monthly, and crack sealing and fog sealing trail pavement every five years. C. If the Owner fails to maintain, repair or replace the trail and/or work stations such that any portion of the trail or work stations pose a serious hazard to persons or property or has Formatted: Space Before: 12 pt, After: 0 pt, Hyphenate 5 203267v1 significantly deteriorated, the City, at its option, may remove from the City Property the hazardous or deteriorated trail or recreational stations, or may maintain, repair or replace the hazardous or deteriorated trail or recreational stations, following adequate notice to the Owner and opportunity for the Owner to take appropriate action to maintain, repair, or replace the hazardous or deteriorated area. The Owner shall be responsible for all costs incurred by the City under this subsection. The City is not obligated to take any action to maintain, repair or replace any part of the trail or recreational stations under this Agreement. D. Owner’s responsibility for maintenance and repair of the asphalt trail located within City Property, excluding the Fire Lane, shall terminate and be assumed by City upon completion of a future paved City trail extension from the City Property to Gateway Boulevard and Round Lake Road. 7. Construction and Maintenance of Fire Lane. Owner shall install and be responsible for all costs incurred in the installation of a fire lane in accordance with the plans and specifications identified in the Plans (the “Fire Lane”). A. The Owner, at its sole cost and expense, agrees to provide for the regular maintenance of the fFire lLane as though it was located entirely within the CityOwner Property. For the purposes of this Agreement, “regular maintenance” shall include, but is not necessarily limited to, inspecting, crack filling, minor road improvements, tree trimming, tree removal, snowplowing, sanding, signing, and removal of obstructions (e.g., a downed trees). B. No machinery, trailers, vehicles, or other property may be stored or parked upon the fFire lLane.Portions of the fire lane located abutting the park shall be available for public recreational use. C. If the Owner fails to maintain regular maintenance and keep the fFire lLane in good condition, the City may repair or replace the fire lane, after adequate notice to the Owner and opportunity for the Owner to take appropriate action to maintain, repair, or replace the fFire lLane (which notice and cure period shall not be less than 60 days in duration). The Owner shall be responsible for all costs incurred by the City under this subsection 7.C. D. Owner hereby grants to the City, its successors and assigns, a permanent non- exclusive easement for the purpose allowing recreational public access along the portion of the Fire Lane as provided in legally described on Exhibit G for pedestrian and non-motorized vehicle (e.g. bicycles) ingress and egress purposes only. 8. Reimbursement of Costs. The Owner and the City agrees to reimburse the City other party for all costs incurred by the Citythe other party in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 9. Indemnification.This Agreement imposes no liability of any kind whatsoever on the City.The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents or Commented [JG1]:This is covered by the easement granted in 7.D. below 6 203267v1 employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions.In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Owner’s required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 10. Insurance. The Owner shall maintain its own policies of public liability insurance with regard to the use of the City Property by Owner, its respective officers, agents, employees, members, invitees, contractors and assigns. 11. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner:Bramantes Arden Hills Land,AHSL Partners LLC Attention:Christy RuetenbergerRoger Fink 3601 18th Street South, Suite 103_________________________ St. Cloud, Minnesota 56301_________________________ To the City: City of Arden Hills Attention: City Administrator 1245 West Highway 96 Arden Hills, Minnesota 55112 All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 12. Successors/Covenants Run with Property. All duties and obligations of Owner under this Agreement shall also be duties and obligations of Owner’s successors and assigns. The terms and conditions of this Agreement shall run with the Properties. PROPERTY OWNER: BRAMANTES ARDEN HILLS LAND,AHSL PARTNERS LLC By: ____________________________ Jeffrey Drown [print name] Its:___________________________[title] President Commented [JG2]:This could include activities on our property. If the City damages our building as a result of their negligence, then they should be responsible, even if performing repairs to the stormwater facilities on our behalf. 7 203267v1 STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of ____________, 202119, by ________________________, Jeffrey Drown,the _________________ President of Bramantes Arden Hills Land AHSL Partners LLC, a ________________ Minnesota limited liability company, on behalf of said entity. Notary Public 8 203267v1 CITY OF ARDEN HILLS By: ____________________________________ David Grant, Mayor By: ____________________________________ Dave Perrault, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of ___________, 202119 , by David Grant and Dave Perrault, respectively, the Mayor and City Manager, of the City of Arden Hills, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ/jmo 9 203267v1 EXHIBIT A TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT Legal Description of the Owner Property Lot 1, Block 1, ARDEN HILLS SENIOR LIVING, Ramsey County, Minnesota. 10 203267v1 EXHIBIT B TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT Legal Description of the City Property Outlot A, ARDEN HILLS SENIOR LIVING, Ramsey County, Minnesota. AND The Park, EDGEWATER ESTATES, Ramsey County, Minnesota. 11 203267v1 EXHIBIT C TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page] Insert Depiction of Facilities Formatted: Centered 12 203267v1 EXHIBIT D TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page]Legal Description of Easement Area 13 203267v1 EXHIBIT E TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT Engineering standards Stormwater facilities within the City of Arden Hills shall be designed in accordance with the Minnesota Stormwater Manual prepared under the guidance of the Minnesota Pollution Control Agency. The City Engineer shall assist applicants with applying the standards and recommendations from the Minnesota Stormwater Manual during site specific design. Recreation equipment and trail installation plans shall be reviewed and approved by Arden Hills City staff prior to installation. Equipment shall be installed in accordance with manufacturer’s recommendations. Trail shall be installed in accordance with the City’s standard specifications. Annual Inspections The Owner, at its expense, shall be responsible for the inspection and maintenance of trail and recreational stations located on the Property or directly associated with the property improvements (Recreation Facilities) to ensure the facilities function properly. Owner shall inspect the Recreation Facilities at least monthly and submit a written inspection report to the Arden Hills City Engineer for review on March 1 and July 1 each year. Owner shall promptly complete maintenance and repairs to the Recreation Facilities based on findings from the monthly inspections or as directed by the City Engineer. Inspections shall be completed by a qualified person with formal training in recreation and facility management practices. Annual Recreation Facilities inspections shall include, but are not limited to, the following items. 1. Recreation Stations: Equipment is in good working order, free of defects, broken components, and deterioration, including paint and surface corrosion, in accordance with manufacturer’s recommendations. 2. Safety Elements: Safety related components for recreation stations are functional and free of defects in accordance with manufacturer’s recommendations. 3. Trails: Pavement condition is inspected to identify and address deterioration, cracks, settlement, potholes, debris, and trip hazards. 4. Vegetation: Mowing around equipment and a 5-foot wide clear zone along trails is completed a minimum of once every two weeks. All areas of bare soil and erosive gullies are repaired and stabilized. All noxious weeds are treated and/or removed from the turf area. 5. Debris: All trash, litter and debris is removed from within or adjacent to the Recreation Facilities. The Owner, at its expense, shall be responsible for the inspection and maintenance of stormwater drainage and management facilities (Drainage Facilities) located on the Property or directly associated with the property improvements to ensure Facilities function properly. Owner shall inspect the Drainage Facilities at least annually and submit a written inspection report to the Arden Hills City Engineer for review. Owner shall promptly complete maintenance and repairs to the Drainage Facilities based on finding from the annual inspection or as directed by the City Engineer. Inspections shall be completed by a qualified person with formal training and 14 203267v1 education in the design and maintenance of stormwater management practices. A summary of inspector qualifications shall be provided with the annual report. Annual inspections shall include, but are not limited to, the following items. 1. Access: Adequate access is provided for inspection, maintenance, and landscaping upkeep, including the ability to access areas by appropriate equipment and vehicles. 2. Sediment Removal: Accumulated sediment is removed every seven years or after 40 percent of total forebay or permanent pool capacity has been lost. 3. Vegetation: Mowing of the pond buffer, shoreline or base elevation, and the embankment is completed a minimum of once per year. All areas of bare soil and erosive gullies are repaired and stabilized. All noxious weeds are treated and/or removed from the Facility area. 4. Debris: All trash, litter and debris is removed from within the 100-year high water level of the facility, including fallen trees, limbs and other floatable materials. 5. Infiltration: The surface of infiltration areas are free of accumulated sediment and continue to provide the design infiltration and permeability rates in accordance with the original hydraulic design. Standing water does not exist after 24 hours following a rain event. Subsurface drainage pipes are free of debris and are not clogged with material. 6. Conveyance and Outlet Works: Inlet pipes, outlet pipes, outlet control devices and emergency overflow paths are free of debris or other potential blockages. Pipes and structures are secured and show no signs of significant deterioration or damage. Trash guards are secured and free of blockage. Rip rap and energy dissipation items are maintained in proper working order in accordance with design requirement. 7. Embankments: Areas of embankment are inspected to identify instability, including cracks, horizontal or vertical movement, slope failure, or seepage. 15 203267v1 EXHIBIT F TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page] 16 203267v1 EXHIBIT G TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page] 17 203267v1 EXHIBIT X TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page]Formatted: No underline Formatted: Centered 1 203267v1 AMENDED AND RESTATED STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT THIS AMENDED AND RESTATED STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT (this “Agreement”)is made and entered into as of the ______ day of _____________, 20210, by and between ARDEN HILLS SENIOR LIVING,AHSL PARTNERS LLC, a Minnesota limited liability company (the “Owner”) and the CITY OF ARDEN HILLS, a Minnesota municipal corporation (the “City”). This Agreement hereby amends, restates, and replaces that certain Stormwater and Recreational Facilities Operation, Maintenance and Easement Agreement, dated March 9, 2020, by and between the City and Arden Hills Senior Living, LLC, a Minnesota limited liability company, Owner’s predecessor-in-interest (the “Original Agreement”), which Original Agreement was attached as Exhibit B to that certain Development Agreement recorded in the Office of the County Recorded, Ramsey County, Minnesota, as Document No. A04829982. The Original Agreement is hereby made null and void and of no force or effect. RECITALS A. The Owner is the fee owner of certain real property located in Ramsey County, Minnesota, legally described in Exhibit A attached hereto ("Owner Property"); and B. The City is the fee owner of certain real property located in Ramsey County, Minnesota, legally described in Exhibit B attached hereto (“City Property”) (Owner Property and City Property collectively referred to “Properties”); and C. The Owner is proceeding to build on and develop the Owner Property, and has requested approval of the Planned Unit Development Agreement, Site Plan, Conditional Use Permit and Final Plat (collectively “Plans”) for the proposed development; and D. The final Plans for Arden Hills Senior Living, which are expressly made a part hereof, as approved or to be approved by the City, provides for piping/detention/retention of Attachment C 2 203267v1 stormwater facilities, as well as the construction and maintenance of a trail with a minimum of six recreational stations, and a fire lane (collectively “Facilities”), as generally depicted on Exhibit C attached hereto; provided, however said final Plans, as approved or to be approved by the City shall govern; and E. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Arden Hills, Minnesota, require that the on-site stormwater management facilities included within the Facilities (the “Stormwater Facilities”) be constructed and maintained on the City PropertyProperties, as well as the construction and maintenance of the remainder of the Facilities; and F. The City requires that the Stormwater Facilities as shown on the Plans be constructed and adequately maintained by the Owner as a condition of final approval of the Plans. G. The City requires that the Non-Stormwater Facilities as shown on the Plans be constructed by the Owner and maintained by the City, subject to the terms set forth herein, as a condition of final approval of the Plans. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plans. 2. Maintenance of Stormwater Improvements. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the Stormwater Maintenance Plan and the City engineering standards for stormwater treatment facilities attached hereto as Exhibit E. This includes all pipes, channels, and other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their designed functions. B. The Owner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed and comply with all federal, state, and local regulations relating to the disposal of material. 3. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be inspected and submit an inspection report annually to the City and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire Stormwater fFacilities, including, without limitation,berms, outlet structure, pond areas, access roads, buffers, etc. Deficiencies shall be noted in the inspection report. A storage treatment basin will be considered 3 203267v1 inadequate if it is not compliant with all requirements of the approved Plan and City engineering standards set forth in Exhibit E. 4. City Access and Maintenance Rights. A. The Owner hereby grants permission to the City, its authorized agents and employees, to enter upon the Owner Property and to inspect the stormwater management facilities during normal business hours (unless during an emergency that requires immediate access) as the City deems necessary. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event the Owner, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Owner written notice of such failure, the City may enter upon the City Property and the Stormwater Easement Area (defined below) and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may assess the City’s costs to the Owner’s property taxes, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation from of the Stormwater Facilities, except to the extent arising from City’s breach of this Agreement or the City’s negligence or intentional misconduct. The Owner expressly agrees to defend and hold the City harmless from any such third-party claim. 5. Grant of Easement. Owner hereby grants to the City, its successors and assigns, a permanent non-exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through the Eeasement Aarea legally described on Exhibit D, attached hereto and incorporated herein (the “Stormwater Easement Area”). The easement shall include the rights, but not the obligation, of the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, pave, and excavate the Stormwater Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said private Stormwater Facilities systems. City hereby grants to the Owner a permanent non-exclusive easement over the portions of the City Property containing Stormwater Facilities located on City Property as provided legally described in Exhibit F for the purpose of Owner to construct,maintain, repair, and replace said Stormwater Facilities. City hereby grants to the Owner a permanent non-exclusive easement located on, over, and across the portion of the City Property legally described on Exhibit X, attached hereto and incorporated herein, to provide site for the purposes of access to and from the Owner Property from the existing 4 203267v1 Park Shore Drive public right of way (the “Roadway Easement Area”)as provided in Exhibit X. The Owner shall have the right to construct, maintain, replace, and repair a roadway within the Roadway Easement Area, and the City shall not obstruct, or allow to be obstructed, the Roadway Easement Area. 6. Construction, Maintenance and Restoration of Trail and Recreational Stations. Owner shall construct the trail containing a minimum of six recreational stations that are included in the Facilities, and at least one of which must be designed primarily for the use of children, in accordance with the plans and specifications identified in the Plans. City hereby grants to Owner a temporary non-exclusive easement over, under, across, and above the City Property for the purpose of Owner’s construction of the trail and recreational stations referenced herein (the “Temporary Trail Construction Easement”). The Temporary Trail Construction Easement shall expire upon Owner’s completion of construction of the trail and recreational stations to be constructed as part of the Facilities in accordance with the Plans. A.After completion of construction by Owner, Aall maintenance, repair and replacement of the trail and recreational stations constructed as part of the Facilities shall be performed by Owner the City in accordance with the City’s standard practices for similar trails and facilities.in a manner that causes as little disturbance to the City Property as may be practicable under the circumstances. Any and all portions of the surface area of the City Property which may have been excavated, damaged or otherwise disturbed as a result of such work shall be restored, at the sole cost and expense of the Owner, to essentially the same condition as the same were in prior to the commencement of any such work. B. The Owner, at its sole cost and expense, shall maintain, repair and, when necessary, replace, the trail and recreational stations so that the trail and stations are at all times in good working order, condition and repair, reasonable wear and tear excepted. Maintenance shall include plowing of snow on the trail within 24 hours of snow events, moving a 36-inch wide strip along all sides of trail and recreational stations, sweeping the trail in May, July and October each year, cleaning, inspecting and repairing recreational stations monthly, and crack sealing and fog sealing trail pavement every five years. C. If the Owner fails to maintain, repair or replace the trail and/or work stations such that any portion of the trail or work stations pose a serious hazard to persons or property or has significantly deteriorated, the City, at its option, may remove from the City Property the hazardous or deteriorated trail or recreational stations, or may maintain, repair or replace the hazardous or deteriorated trail or recreational stations, following adequate notice to the Owner and opportunity for the Owner to take appropriate action to maintain, repair, or replace the hazardous or deteriorated area. The Owner shall be responsible for all costs incurred by the City under this subsection. The City is not obligated to take any action to maintain, repair or replace any part of the trail or recreational stations under this Agreement. DB.Owner shall pay the City Five Thousand Dollars ($5,000) per calendar year (the “Maintenance Fee”) for the maintenance of the trail and recreational stations required to be performed by the City under Section 6.A. above (with the City being responsible for any maintenance costs incurred above and beyond said amount). The Maintenance Fee for each calendar year shall be due on or before January 31 of such calendar year. In addition, Owner shall be Formatted: Space Before: 12 pt, After: 0 pt, Hyphenate 5 203267v1 responsible for all costs incurred by the City in repairing and/or replacing the trail and/or recreational stations (which costs shall not include any costs associated with maintenance performed by the City in accordance with the City’s standard maintenance practices for similar trails and facilities). Notwithstanding the foregoing, Owner shall not be responsible for reimbursing the City for any of the foregoing repair and/or replacement costs to the extent such work is required as a result of the City’s negligence or intentional misconduct. Owner shall pay the amounts due for repairs and replacements under this Section 6.B. within sixty (60) days after the City delivers a reasonably detailed invoice for such costs to Owner along with any other reasonable supporting documentation that may be necessary to evidence the amounts claimed due. In the event Owner fails to pay such amounts within said sixty (60) day period or in the event Owner fails to pay the Maintenance Fee for any given year by January 31 of said calendar year, the City may assess such unpaid amounts owed to the Owner’s property taxes, its successors and assigns. It is expressly understood and agreed that the Owner is under no obligation to maintain, repair, or replace said trail or recreational stations, and in no event shall this Agreement be construed to impose any such obligation on the Owner. The City agrees that it is, and will be, solely responsible for legal claims and addressing complaints brought by any third party regarding the maintenance, repair, replacement, and operation of said trail and recreational stations, except to the extent arising from the Owner’s breach of this Agreement or the Owner’s negligence or intentional misconduct. The City expressly agrees to defend and hold the Owner harmless from any such third-party claim. Notwithstanding anything herein to the contrary, Owner’s responsibility for the payment of costs incurred by the City for the maintenance, and repair, and replacement of the asphalt trail and the recreational stations referenced hereinlocated within City Property, excluding the Fire Lane, shall terminate and be assumed by City upon completion of a future paved City trail extension from the City Property to Gateway Boulevard and Round Lake Road. 7. Construction and Maintenance of Fire Lane. Owner shall install and be responsible for all costs incurred in the installation of a fire lane in accordance with the plans and specifications identified in the Plans (the “Fire Lane”). A. The Owner, at its sole cost and expense, agrees to provide for the regular maintenance of the fFire lLane as though it was located entirely within the CityOwner Property. For the purposes of this Agreement, “regular maintenance” shall include, but is not necessarily limited to, inspecting, crack filling, minor road improvements, tree trimming, tree removal, snowplowing, sanding, signing, and removal of obstructions (e.g., a downed trees). B. No machinery, trailers, vehicles, or other property may be stored or parked upon the fFire lLane.Portions of the fire lane located abutting the park shall be available for public recreational use. C. If the Owner fails to maintain regular maintenance and keep the fFire lLane in good condition, the City may repair or replace the fire lane, after adequate notice to the Owner and opportunity for the Owner to take appropriate action to maintain, repair, or replace the fFire lLane (which notice and cure period shall not be less than 60 days in duration). The Owner shall be responsible for all costs incurred by the City under this subsection 7.C. Commented [JG1]:This is covered by the easement granted in 7.D. below 6 203267v1 D. Owner hereby grants to the City, its successors and assigns, a permanent non- exclusive easement for the purpose allowing recreational public access along the portion of the Fire Lane as provided in legally described on Exhibit G for pedestrian and non-motorized vehicle (e.g. bicycles) ingress and egress purposes only. 8. Reimbursement of Costs. The Owner and the City agrees to reimburse the City other party for all costs incurred by the Citythe other party in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 9. Indemnification.This Agreement imposes no liability of any kind whatsoever on the City.The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions.In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Owner’s required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 10. Insurance. The Owner shall maintain its own policies of public liability insurance with regard to the use of the City Property by Owner, its respective officers, agents, employees, members, invitees, contractors and assigns. 11. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner:Bramantes Arden Hills Land,AHSL Partners LLC Attention:Christy RuetenbergerRoger Fink 3601 18th Street South, Suite 103_________________________ St. Cloud, Minnesota 56301_________________________ To the City: City of Arden Hills Attention: City Administrator 1245 West Highway 96 Arden Hills, Minnesota 55112 All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 12. Successors/Covenants Run with Property. All duties and obligations of Owner under this Agreement shall also be duties and obligations of Owner’s successors and assigns. The terms and conditions of this Agreement shall run with the Properties. Commented [JG2]:This could include activities on our property. If the City damages our building as a result of their negligence, then they should be responsible, even if performing repairs to the stormwater facilities on our behalf. 7 203267v1 PROPERTY OWNER: BRAMANTES ARDEN HILLS LAND,AHSL PARTNERS LLC By: ____________________________ Jeffrey Drown [print name] Its:___________________________[title] President STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of ____________, 202119, by ________________________, Jeffrey Drown,the _________________ President of Bramantes Arden Hills Land AHSL Partners LLC, a ________________ Minnesota limited liability company, on behalf of said entity. Notary Public 8 203267v1 CITY OF ARDEN HILLS By: ____________________________________ David Grant, Mayor By: ____________________________________ Dave Perrault, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of ___________, 202119 , by David Grant and Dave Perrault, respectively, the Mayor and City Manager, of the City of Arden Hills, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ/jmo 9 203267v1 EXHIBIT A TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT Legal Description of the Owner Property Lot 1, Block 1, ARDEN HILLS SENIOR LIVING, Ramsey County, Minnesota. 10 203267v1 EXHIBIT B TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT Legal Description of the City Property Outlot A, ARDEN HILLS SENIOR LIVING, Ramsey County, Minnesota. AND The Park, EDGEWATER ESTATES, Ramsey County, Minnesota. 11 203267v1 EXHIBIT C TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page] Insert Depiction of Facilities Formatted: Centered 12 203267v1 EXHIBIT D TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page]Legal Description of Easement Area 13 203267v1 EXHIBIT E TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT Engineering standards Stormwater facilities within the City of Arden Hills shall be designed in accordance with the Minnesota Stormwater Manual prepared under the guidance of the Minnesota Pollution Control Agency. The City Engineer shall assist applicants with applying the standards and recommendations from the Minnesota Stormwater Manual during site specific design. Recreation equipment and trail installation plans shall be reviewed and approved by Arden Hills City staff prior to installation. Equipment shall be installed in accordance with manufacturer’s recommendations. Trail shall be installed in accordance with the City’s standard specifications. Annual Inspections The Owner, at its expense, shall be responsible for the inspection and maintenance of trail and recreational stations located on the Property or directly associated with the property improvements (Recreation Facilities) to ensure the facilities function properly. Owner shall inspect the Recreation Facilities at least monthly and submit a written inspection report to the Arden Hills City Engineer for review on March 1 and July 1 each year. Owner shall promptly complete maintenance and repairs to the Recreation Facilities based on findings from the monthly inspections or as directed by the City Engineer. Inspections shall be completed by a qualified person with formal training in recreation and facility management practices. Annual Recreation Facilities inspections shall include, but are not limited to, the following items. 1. Recreation Stations: Equipment is in good working order, free of defects, broken components, and deterioration, including paint and surface corrosion, in accordance with manufacturer’s recommendations. 2. Safety Elements: Safety related components for recreation stations are functional and free of defects in accordance with manufacturer’s recommendations. 3. Trails: Pavement condition is inspected to identify and address deterioration, cracks, settlement, potholes, debris, and trip hazards. 4. Vegetation: Mowing around equipment and a 5-foot wide clear zone along trails is completed a minimum of once every two weeks. All areas of bare soil and erosive gullies are repaired and stabilized. All noxious weeds are treated and/or removed from the turf area. 5. Debris: All trash, litter and debris is removed from within or adjacent to the Recreation Facilities. The Owner, at its expense, shall be responsible for the inspection and maintenance of stormwater drainage and management facilities (Drainage Facilities) located on the Property or directly associated with the property improvements to ensure Facilities function properly. Owner shall inspect the Drainage Facilities at least annually and submit a written inspection report to the Arden Hills City Engineer for review. Owner shall promptly complete maintenance and repairs to the Drainage Facilities based on finding from the annual inspection or as directed by the City Engineer. Inspections shall be completed by a qualified person with formal training and 14 203267v1 education in the design and maintenance of stormwater management practices. A summary of inspector qualifications shall be provided with the annual report. Annual inspections shall include, but are not limited to, the following items. 1. Access: Adequate access is provided for inspection, maintenance, and landscaping upkeep, including the ability to access areas by appropriate equipment and vehicles. 2. Sediment Removal: Accumulated sediment is removed every seven years or after 40 percent of total forebay or permanent pool capacity has been lost. 3. Vegetation: Mowing of the pond buffer, shoreline or base elevation, and the embankment is completed a minimum of once per year. All areas of bare soil and erosive gullies are repaired and stabilized. All noxious weeds are treated and/or removed from the Facility area. 4. Debris: All trash, litter and debris is removed from within the 100-year high water level of the facility, including fallen trees, limbs and other floatable materials. 5. Infiltration: The surface of infiltration areas are free of accumulated sediment and continue to provide the design infiltration and permeability rates in accordance with the original hydraulic design. Standing water does not exist after 24 hours following a rain event. Subsurface drainage pipes are free of debris and are not clogged with material. 6. Conveyance and Outlet Works: Inlet pipes, outlet pipes, outlet control devices and emergency overflow paths are free of debris or other potential blockages. Pipes and structures are secured and show no signs of significant deterioration or damage. Trash guards are secured and free of blockage. Rip rap and energy dissipation items are maintained in proper working order in accordance with design requirement. 7. Embankments: Areas of embankment are inspected to identify instability, including cracks, horizontal or vertical movement, slope failure, or seepage. 15 203267v1 EXHIBIT F TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page] 16 203267v1 EXHIBIT G TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page] 17 203267v1 EXHIBIT X TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page]Formatted: No underline Formatted: Centered Page 1 of 4 AGENDA ITEM – 1C MEMORANDUM DATE: April 19, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Bolton & Menk Corrin Bemis, Bolton & Menk SUBJECT: Shoreland Ordinance Amendment - Accessory Structure Size within the Ordinary High Water Level Setback Budgeted Amount: Actual Amount: Funding Source: N/A N/A Council Should Consider the Following Discussion of the draft ordinance language (Attachment A) to increase the permitted size of accessory structures within the Ordinary High Water Level (OHWL) setback. This discussion is in response to Planning Case 20-017 for a variance at 3493 Siems Court. Background In September of 2020, Kye Samuelson (“Applicant”) requested a Variance in order to construct an accessory structure near the shoreline of 3493 Siems Court (“Subject Property”) within the Shore Impact Zone of Lake Johanna. The Applicant requested a variance to build a 120 square foot accessory storage structure that encroached eighteen (18) inches into the Shore Impact Zone of Lake Johanna. The proposed structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The rational for the variance was that the structure would be used for the storage of modern day recreational water equipment and the hardship was due to the rear yard topography. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District, and is guided as Low Density Residential on the Land Use Plan. At its October 7, 2020 meeting, the Planning Commission voted to table the request to allow the Applicant to revise their plans to better conform to the Shoreland Ordinance provisions. The Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. The Applicant then proposed to construct an accessory structure that would be nine and a half (9.5) feet tall and ninety-three and a half (93.5) square feet in size. However, the proposed structure still required a variance due to the proposed height and area that exceeded current ordinance standards. At its December 9, 2020 meeting the Planning Commission reviewed and discussed the updated application. The Planning Commission voted 4-3 to approve the planning case. Page 2 of 4 At its January 11, 2021 meeting the City Council reviewed Planning Case 20-017. The City Council voted unanimously to table this planning case to allow them to review the existing OHWL accessory structure size standards. The Applicant signed a 6-month Extension Form (Attachment B), requiring the City Council to take action on the variance request by July 12, 2021. At its February 16, 2021 meeting the City Council discussed increasing the permitted size of accessory structures within the Ordinary High Water Level (OHWL) setback. The City Council directed staff to draft ordinance language to increase the size of accessory structures located within the OHWL. The City Council did not support increase the height of accessory structures located within the OHWL. Staff has since drafted ordinance language and has sent the language to the DNR for review. Zoning Review Section 1330.03 Subd. 5, E of the Arden Hills City Code states that lakeshore lots are permitted one (1) accessory storage shed within the required structure setback from the OHWL, provided that it is not located within the Shore Impact Zone. The Shore Impact Zone is the land located between the OHWL and a line parallel to it at a setback of 50 percent of the structure setback. The structure setback standards vary depending on the lake classification as established by Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Ramsey County. The table below breakdown the setback standards for accessible Arden Hills lakes. Lake OHWL Lake Classification Structure Setback Shore Impact Zone Width Lake Johanna 878 ft. General 50 ft. 25 ft. Little Johanna NA Recreational 75 ft. 35ft. Lake Josephine 884.4 ft. General 50 ft. 25 ft. Karth Lake 934.95 ft. General 50 ft. 25 ft. Section 1330.03 Subd. 5, E also states that accessory structures within the OHWL shall not exceed sixty-four (64) square feet in size or eight (8) feet by eight (8) feet and eight (8) feet in height measured to the highest point of the structure; and is not used for human habitation and does not contain a water supply or sewage treatment facilities. It worth noting that no more than two (2) accessory structures shall be permitted on a lot primarily used for residential uses and the structures shall not exceed seven hundred and twenty-eight (728) square feet in floor area. The accessory structures shall not occupy more than 25 percent of the rear yard. The exterior finish of accessory structures shall be compatible in appearance and material used with the principal structure. Additional Review Minnesota Department of Natural Resources Staff sent the draft ordinance language for accessory structure requirements in the OHWL to the DNR for review. The DNR has not provided additional comments as of April 14, 2021. Discussion As a result of previous discussions, the staff has drafted the following language revising Section 1330.03 Subd. 5, E. This language increases the size of an accessory storage shed currently Page 3 of 4 permitted under the Arden Hills City Code. However, the size and height are still less that what is permitted under the State model ordinance (Section 7.3). E. Lakeshore lots may be permitted one (1) accessory storage shed within the required structure setback from the ordinary high water level, provided that it complies with the following provisions: 1. The structure or facility is not located within the Shore Impact Zone. 2. The structure or facility does not exceed 100 square feet in size and eight (8) feet in height, measured to the highest point of the structure. 3. The maximum width of the structure, as viewed from the water, does not exceed ten (10) feet. 4. The structure or facility is not designed or used for human habitation and does not contain a water supply or sewage treatment facilities. 5. The structure or facility is setback a minimum of ten (10) feet from the ordinary high water level. 6. The structure or facility shall be constructed of material architecturally similar in design, texture, and color to the principal structure on the lot; the design shall be reviewed by the City Planner prior to issuance of building permits. 7. The structure shall be screened a minimum of 50 percent by opaque vegetation or topography on the three walls seen from the lake with ecologically suited landscaping landward of the ordinary high water level from the lake. 8. The roof shall not be used as a deck or storage area. 9. The structure or facility is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245. Next Steps If the Council wishes to proceed, the next step is to schedule a public hearing at the Planning Commission. This will be followed by City Council review and action. If the Council provides direction at this workshop, the public hearing could be published and scheduled for the May 5, 2021 Planning Commission meeting. This could potentially allow the City Council to consider this amendment at the regular meeting on May 24, 2021. This amendment came about as a result of the discussion on the variance at 3493 Siems Court. Following the Council’s final action, the Applicant has a couple of options. One is to withdraw the variance request and revise his plans to meet the new ordinance requirements. The second option is to move forward with his original request. In this case, the City Council must take action on the variance request by July 12, 2021. Budget Impact: NA Attachments: A. Draft Ordinance Language Page 4 of 4 B. Signed 6-Month Extension Form C. Minnesota DNR Shoreland Management Model Ordinance D. Planning Commission Report, December 9, 2020 E. Planning Commission Minutes, December 9, 2020 F. City Council Work Session Report, February 16, 2021 G. City Council Work Session Minutes, February 16, 2021 Current Language – Section 1330.03 Subd. 5 E. Lakeshore lots may be permitted one (1) accessory storage shed within the required structure setback from the ordinary high water level, provided that it: 1. Is not located within the Shore Impact Zone. 2. Does not exceed 64 square feet in size and eight (8) feet in height, measured to the highest point of the structure. 3. Is not designed or used for human habitation and does not contain a water supply or sewage treatment facilities. Attachment A Section 1330.03 – Shoreland Regulations: General Provisions Subdivision 5. Exceptions to Structure Setback Requirements. No structure shall be placed within the structure setback requirements of the shoreland management district. The following are not classified as structures for the purposes of this section: Lakeshore lots may be permitted one (1) accessory storage shed within the required structure setback from the ordinary high water level, provided that it complies with the following provisions: 1. The structure or facility is not located within the Shore Impact Zone. 2. The structure or facility does not exceed 100 square feet in size and eight (8) feet in height, measured to the highest point of the structure. 3. The maximum width of the structure, as viewed from the water, does not exceed ten (10) feet. 4. The structure or facility is not designed or used for human habitation and does not contain a water supply or sewage treatment facilities. 5. The structure or facility is setback a minimum of ten (10) feet from the ordinary high water level. 6. The structure or facility shall be constructed of material architecturally similar in design, texture, and color to the principal structure on the lot; the design shall be reviewed by the City Planner prior to issuance of building permits. 7. The structure shall be screened a minimum of 50 percent by opaque vegetation or topography on the three walls seen from the lake with ecologically suited landscaping landward of the ordinary high water level from the lake. 8. The roof shall not be used as a deck or storage area. 9. The structure or facility is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245. January 12, 2021 Mike Mrosla City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 I, Kye Samuelson, herby request a six (6) month or Monday, July 12, 2021 extension of my application for a variance at 3493 Siems Court, under 15.99, Timeline Deadline for Agency Action. Thank you, Kye Samuelson $WWDFKPHQW% Revised 10/03/2019 Shoreland Management Model Ordinance Introduction This model is intended to help local governments develop new shoreland ordinances and amend existing ordinances. This model ordinance is consistent with Minnesota’s shoreland management rules (6120.2500 – 6120.3800). The model ordinance includes some provisions that differ from those in rule. This is because the model is periodically updated to be consistent with changes made to statute and other agency rules since the rules were published in 1989. The model also contains administrative language not in rule to help clarify and administer provisions in the ordinance. Clarifications & Higher Standards Blue bold text in the “Ordinance Language” column indicates any language that provides clarity on topics not sufficiently addressed in rule, or reflects a higher standard than the minimum in rule. This text is optional and is identified as such in the “Commentary” column. (Note that higher standards may be additions to or deletions from the rules.) There are many higher standards that communities can consider besides those mentioned in this model. Please see the Innovative Standards Webpage for examples of what other communities are doing. Implementation Flexibility Some shoreland ordinance provisions provide greater levels of shoreland protection than other provisions. Many of these provisions deal with dimensional standards such as lot area/width, setbacks, impervious surface, etc. In general, they must be as strict as the model language, otherwise deviations must be approved by the DNR consistent with the implementation flexibility criteria in rule (6120.2800 Subp. 3). Approval to deviate from these provisions usually requires some type of offsetting higher standard on another provision in the ordinance, and must be negotiated and documented in an agreement with the DNR before the DNR will provide conditional approval of the ordinance or ordinance amendment. Attachment C Revised 10/03/2019 Contents 1.0 STATUTORY AUTHORIZATION AND POLICY _____________________________________________________________________________ 1 2.0 GENERAL PROVISIONS AND DEFINITIONS _______________________________________________________________________________ 1 3.0 ADMINISTRATION _________________________________________________________________________________________________ 9 4.0 SHORELAND CLASSIFICATION SYSTEM AND LAND USES __________________________________________________________________ 11 5.0 SPECIAL LAND USE PROVISIONS _____________________________________________________________________________________ 15 6.0 DIMENSIONAL AND GENERAL PERFORMANCE STANDARDS _______________________________________________________________ 17 7.0 PERFORMANCE STANDARDS FOR PUBLIC AND PRIVATE FACILITIES _________________________________________________________ 25 8.0 VEGETATION AND LAND ALTERATIONS _______________________________________________________________________________ 27 9.0 SUBDIVISION/PLATTING PROVISIONS _________________________________________________________________________________ 30 10.0 PLANNED UNIT DEVELOPMENTS (PUDs) _____________________________________________________________________________ 31 1 Revised 10/03/2019 Ordinance Language Commentary 1.0 STATUTORY AUTHORIZATION AND POLICY 1.1 Statutory Authorization. This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Rules, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities). 1.2 Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by (insert name of Community). 2.0 GENERAL PROVISIONS AND DEFINITIONS 2.1 Jurisdiction. The provisions of this ordinance apply to the shorelands of the public water bodies as classified in Section 4.1 of this ordinance, and to the shorelands of public water bodies greater than 10 acres in unincorporated areas in which the city has, by ordinance, extended the application of its zoning regulations as provided by Minnesota Statute, Chapter 462.357 Subd 1. Pursuant to Minnesota Rules, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government’s shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this ordinance. 2.2 Enforcement. The (insert name of local government or designated official) is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in Section 3.2 of this ordinance. 2.3 Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 2.4 Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.5 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the same meaning they have in common usage and to give this ordinance its most reasonable 1.1. Ensures that LGU authority to administer and enforce the ordinance is connected to state regulatory policy. 1.2. Reinforces the responsibility of local governments to regulate shorelands in their jurisdiction. 2.1. Identifies the size of waterbodies that must be included in the ordinance as directed by rule. Water bodies meeting these thresholds must be listed in Section 4.0. Optional provision for cities that have extra-territorial zoning authority. 2.2 – 2.4. If these provisions are already included in the zoning ordinance, they are not needed. 2.5. These definitions are the minimum necessary for a compliant ordinance. Some definitions may not be needed if a given feature or land use is not present or not allowed in the community. 2 Revised 10/03/2019 Ordinance Language Commentary application. For the purpose of this ordinance, the words “must” and “shall” are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally. 2.511 Accessory structure or facility. Any building or improvement subordinate to a principal use. 2.512 Animal feedlot. A facility as defined by Minnesota Rules, part 7020.0300. 2.513 Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics: A. Part or all of the feature is located in a shoreland area; B. The slope must drain toward the waterbody. C. The slope rises at least 25 feet above the ordinary high water level; D. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater (see Figure 1), except that an area with an average slope of less than 18 percent over a distance of at least 50 feet shall not be considered part of the bluff (see Figure 2). Figure 1. Illustration of Bluff 2.513. The DNR’s bluff mapping tool, a GIS script, is available for download from the Minnesota Geospatial Commons. This tool is helpful for identifying bluffs for general mapping and planning purposes. 2.513.D. The phrase “except that an area with an average slope of less than 18 percent over a distance of at least 50 feet shall not be considered part of the bluff,” identifies terraces or large relatively flat areas that separate bluff features above and below the terrace. According to the Shoreland Rules SONAR, these areas are buildable if setback standards can be met. This phrase is not to be used in conjunction with the top of bluff definition to reduce the size of the bluff. 3 Revised 10/03/2019 Ordinance Language Commentary Figure 2. Exception to Bluff 2.514 Bluff impact zone. A bluff and land located within 20 feet of the top of a bluff. 2.515 Bluff, Toe of. The lower point of a 50-foot segment with an average slope exceeding 18 percent or the ordinary high water level, whichever is higher. 2.516 Bluff, Top of. For the purposes of measuring setbacks, bluff impact zone, and administering vegetation management standards, the higher point of a 50-foot segment with an average slope exceeding 18 percent. 2.517 Boathouse. A facility as defined by Minnesota Statutes, Section 103G.245. 2.518 Buffer. A vegetative feature as defined by Minnesota Statutes, Section 103F.48. 2.519 Building line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. 2.520 Controlled access lot. A lot used to access public waters or as a recreation area for owners of nonriparian lots within the same subdivision containing the controlled access lot. 2.521 Commercial planned unit developments. Developments that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are commercial planned unit developments. 2.522 Commercial use. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. 2.523 Commissioner. The commissioner of the Department of Natural Resources. 2.524 Conditional use. A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions upon a finding that certain conditions as 2.516 Optional language helps to clarify that the top of bluff is used for administering other provisions in addition to bluff setbacks. 2.517. Boathouses are prohibited by statute, and are different than water-oriented accessory structures (2.558) which are allowed in the rules. 4 Revised 10/03/2019 Ordinance Language Commentary detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood. 2.525 Deck. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground. 2.526 Duplex, triplex, and quad. A dwelling structure on a single lot, having two, three, and four units, respectively, attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. 2.527 Dwelling site. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 2.528 Dwelling unit. Any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins. 2.529 Extractive use. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, Sections 93.44 to 93.51. 2.530 Forest land conversion. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. 2.531 Guest cottage. A structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot. 2.532 Height of building. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest adjoining ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof (see Figure 3). Figure 3. Height of Building 2.525. Any feature meeting this definition is also a structure (see structure definition) and must meet structure setbacks. Decks must meet floodplain standards. Decks that are accessory to a residential use are prohibited in floodways. Optional language. Make all decks a structure subject to permitting by eliminating the “three-feet above ground” language. 5 Revised 10/03/2019 Ordinance Language Commentary 2.533 Impervious surface. A constructed hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development, including rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete, asphalt, gravel driveways, or permeable pavers; and other similar surfaces. 2.534 Industrial use. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. 2.535 Intensive vegetation clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. 2.536 Lot. A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation. 2.537 Lot width. The minimum distance between: A. Side lot lines measured at the midpoint of the building line; and B. Side lot lines at the ordinary high water level, if applicable (see Figure 4). Figure 4. Lot Width 2.538 Metallic minerals and peat. “Metallic minerals and peat” has the meaning given under Minnesota Statutes, Sections 93.44 to 93.51. 2.539 Nonconformity. Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments to those controls that would not have been permitted to become established under the terms of the official controls as now written. 2.533. Optional definition. An impervious surface definition is not in rule, but is very helpful for administering the required impervious surface standards in Section 8.4 of this model. Gravel driveways are defined as impervious since soils become compacted after use and impair infiltration of water, and they are often eventually paved over by property owners and such work doesn’t usually require a permit. Permeable pavers are also included to eliminate their use as a “work around” to meeting impervious coverage standards in Section 8.4. Permeable pavement can reduce stormwater runoff, if maintained, but as a hard surface they remove habitat/vegetation and thus also impact shoreland aesthetics, both of which are shoreland protection goals. 6 Revised 10/03/2019 Ordinance Language Commentary 2.540 Ordinary high water level. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. 2.541 Planned unit development. A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, dwelling grounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses. 2.542 Public waters. Any water as defined in Minnesota Statutes, Section 103G.005, Subd. 15, 15a. 2.543 Residential planned unit development. A use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five dwelling units or sites. 2.544 Resort. “Resort” has the meaning in Minnesota Statute, Section 103F.227. 2.545 Semipublic use. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. 2.546 Setback. The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. 2.547 Sewage treatment system. “Sewage treatment system” has the meaning given under Minnesota Rules, part 7080.1100, Subp. 82. 2.548 Sewer system. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 2.549 Shore impact zone. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback (see Figure 5). 2.540. This is the same definition as 103G.005 Subd. 14. 7 Revised 10/03/2019 Ordinance Language Commentary Figure 5. Shore Impact Zone 2.550 Shoreland. “Shoreland” means land located within the following distances from public waters: A. 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and B. 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater (see Figure 6). Figure 6. Definition of Shoreland 2.551 Shore recreation facilities. Swimming areas, docks, watercraft mooring areas and launching ramps and other water recreation facilities. 8 Revised 10/03/2019 Ordinance Language Commentary 2.552 Significant historic site. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. 2.553 Steep slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lLands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, which are not bluffs. 2.554 Structure. Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. 2.555 Subdivision. Land that is divided for the purpose of sale, rent, or lease, including planned unit developments. 2.556 Suitability analysis. An evaluation of land to determine if it is appropriate for the proposed use. The analysis considers factors relevant to the proposed use and may include the following features: susceptibility to flooding; existence of wetlands; soils, erosion potential; slope steepness; water supply, sewage treatment capabilities; water depth, depth to groundwater and bedrock, vegetation, near-shore aquatic conditions unsuitable for water-based recreation; fish and wildlife habitat; presence of significant historic sites; or any other relevant feature of the natural land. 2.557 Variance. “Variance” means the same as that defined in Minnesota Statutes, Section 394.27 Subd. 7 (for counties) or Section 462.357 Subd. 6 (2) (for municipalities). 2.558 Water-oriented accessory structure or facility. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include, watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, saunas, patios, and detached decks. Boathouses and boat storage structures given the meaning under Minnesota Statutes, Section 103G.245 are not a water-oriented accessory structures. 2.559 Water-dependent use. The use of land for commercial, industrial, public or semi-public purposes, where access to and use of a public water is an integral part of the normal conduct of operation. Marinas, 2.553. Optional deletion. This is a difficult definition to administer. Simplifying this definition to include only average slopes over 12% will make administration easier and improve resource protection. 2.558. Optional addition. Local governments may consider saunas, decks, and patios as water-oriented accessory structures (WOAS). This may help clarify administration. The treatment of patios, specifically, in the shore impact zone (SIZ) is a common source of confusion. As a WOAS, patios could be allowed in the SIZ and counted towards the size limitation of WOAS in Section 7.3. 9 Revised 10/03/2019 Ordinance Language Commentary resorts, and restaurants with transient docking facilities are examples of commercial uses typically found in shoreland areas. 2.559 Wetland. “Wetland” has the meaning given under Minnesota Rule, part 8420.0111. 3.0 ADMINISTRATION 3.1 Purpose. The purpose of this Section is to identify administrative provisions to ensure the ordinance is administered consistent with its purpose. 3.2 Permits. 3.21 A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Section 8.3 of this ordinance. 3.22 A certificate of compliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required whenever a permit or variance of any type is required for any improvement on or use of the property. A sewage treatment system shall be considered compliant if the only deficiency is the system’s improper setback from the ordinary high water level. 3.3 Application materials. Application for permits and other zoning applications such as variances shall be made to the (insert designated official) on the forms provided. The application shall include the necessary information so that the (insert designated official) can evaluate how the application complies with the provisions of this ordinance. 3.4 Certificate of Zoning Compliance. The (insert designated official) shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Section 3.2 of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in Section 2.2 of this ordinance. 3.5 Variances. Variances may only be granted in accordance with Minnesota Statutes, Section 394.27 (for counties) or Section 462.357 (for municipalities) and are subject to the following: 3.51 A variance may not circumvent the general purposes and intent of this ordinance; and 3.52 For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required for variance approval. A sewage treatment system shall be considered compliant if the only deficiency is the system’s improper setback from the ordinary high water level. 3.6 Conditional Uses. All conditional uses in the shoreland area are subject to a thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions to ensure: 3.1. All purpose statements in the model are optional but strongly encouraged. They help explain the intent of zoning provisions, which is useful to local governments for explaining provisions to property owners and developing findings for variance decisions. 3.5. The statutory criteria for evaluating variance applications are broad, one-size-fits-all, for use with all variances. Variances to shoreland protection standards affect public waters, resources to be protected for all state residents. Because of the special status of these waters, communities may want to establish special criteria for evaluating shoreland variances to ensure variances do not adversely affect public water resources. 10 Revised 10/03/2019 Ordinance Language Commentary 3.61 The prevention of soil erosion or other possible pollution of public waters, both during and after construction; 3.62 The visibility of structures and other facilities as viewed from public waters is limited; 3.63 There is adequate water supply and on-site sewage treatment; and 3.64 The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercrafts. 3.7 Mitigation. 3.71 In evaluating all variances, conditional uses, zoning and building permit applications, the zoning authority shall require the property owner to address, when appropriate, the following conditions, when related to and proportional to the impact, to meet the purpose of this ordinance, to protect adjacent properties, and the public interest: A. Advanced storm water runoff management treatment; B. Reducing impervious surfaces; C. Increasing setbacks from the ordinary high water level; D. Restoration of wetlands; E. Limiting vegetation removal and/or riparian vegetation restoration; F. Provisions for the location, design, and use of structures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and G. Other conditions the zoning authority deems necessary. 3.72 In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, conditions to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters assuming summer, leaf-on vegetation shall be attached to permits. 3.8 Nonconformities. 3.81 All legally established nonconformities as of the date of this ordinance may continue, but will be managed according to Minnesota Statutes, Sections 394.36 Subd. 5 (for counties) and 462.357 Subd. 1e (for cities) and other regulations of this community for alterations and additions; repair after damage; discontinuance of use; and intensification of use. 3.82 All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Sections 5.0 to 8.0 of this ordinance. Any deviation from these requirements must be authorized by a variance. 3.71. This language is consistent with Minnesota Statute, sections 394.36 Subd. 5(f) (counties) and 462.357 Subd. 1e(i)(municipalities). Conditions come verbatim from statute or are a slight modification of statutory conditions and those from 6120.3900 Subp. 3A (b). Optional deletion provides stronger authority to apply conditions. The phrase “when related to and proportional to the impact” makes clear that conditions will be appropriately applied. 3.81. Variances to statutory requirements (394.36 Subd. 5 (d) or 462.357 Subd. 1e (g)) to combine contiguous nonconforming lots under common ownership are prohibited. See “Considerations in Managing Nonconforming Lots in Shoreland Areas.” 3.82. Consistent with Minnesota Statutes, sections 394.36, Subd. 4 (counties) and 462.357, Subd. 1e (municipalities). 11 Revised 10/03/2019 Ordinance Language Commentary 3.9 Notifications to the Department of Natural Resources. 3.91 All amendments to this shoreland ordinance must be submitted to the Department of Natural Resources for review and approval for compliance with the statewide shoreland management rules. The (insert local government name) will submit the proposed ordinance amendments to the commissioner or the commissioner’s designated representative at least 30 days before any scheduled public hearings. 3.92 All notices of public hearings to consider variances, ordinance amendments, or conditional uses under shoreland management controls must be sent to the commissioner or the commissioner’s designated representative at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 3.93 All approved ordinance amendments and subdivisions/plats, and final decisions approving variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner’s designated representative and postmarked within ten days of final action. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. 3.94 Any request to change the shoreland management classification of public waters within (insert local government name) must be sent to the commissioner or the commissioner’s designated representative for approval, and must include a resolution and supporting data as required by Minnesota Rules, part 6120.3000, subp.4. 3.95 Any request to reduce the boundaries of shorelands of public waters within (insert local government name) must be sent to the commissioner or the commissioner’s designated representative for approval and must include a resolution and supporting data The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries. 3.10 Mandatory EAW. An Environmental Assessment Worksheet consistent with Minnesota Rules, Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules, part 4410.4300, Subparts 19a, 20a, 25, 27, 28, 29, and 36a. 4.0 SHORELAND CLASSIFICATION SYSTEM AND LAND USES 4.1 Shoreland Classification System. 4.11 Purpose. To ensure that shoreland development on the public waters of (insert local government name) is regulated consistent with the classifications assigned by the commissioner under Minnesota Rules, part 6120.3300. 3.9. DNR’s preferred notification method is via email to the appropriate DNR Area Hydrologist. 3.91. Submittal of ordinances and amendments to the DNR is required under statute. The optional language provides for submittal of amendments earlier than the 10-day notification required of public hearings (Section 3.92). Submittal of amendments 30 days prior to public hearing is mutually beneficial; it provides DNR with sufficient time to complete a review and make an approval decision in time for public hearings, thus minimizing delays in the local government’s adoption schedule. Amendments involving rezonings or zoning map changes that affect shorelands (e.g. changes to underlying zoning when shoreland provisions refer to underlying zoning) also require DNR review and approval. 3.94. Reclassifications require a formal request, and are usually only approved to correct an error in the original classification. Provisions for implementation flexibility (6120.2800, Subp. 3), rather than reclassification, may be used for requesting changes in standards for certain areas. Local governments may also adopt special protection classifications, a useful approach for applying higher standards around waters in need of greater protection. 3.10. Mandatory EAWs are required for many projects in shorelands. In most cases, the local government is the Responsible Government Unit (RGU) for completing the EAW. 4.1. The ordinance must list all public water shoreland within the community’s jurisdiction including public waters not in the jurisdiction but with surrounding shoreland that is in the jurisdiction. 12 Revised 10/03/2019 Ordinance Language Commentary 4.12 The shoreland area for the waterbodies listed in Sections 4.13 to 4.15 are defined in Section 2.550 and are shown on the Official Zoning Map. 4.13 Lakes are classified as follows: A. General development (GD); General Development Lake Name DNR Public Waters I.D. # (Insert lake name) (Insert DNR Public Waters I.D. #) (Insert lake name) (Insert DNR Public Waters I.D. #) B. Recreational development (RD); and Recreational Development Lake Name DNR Public Waters I.D. # (Insert lake name) (Insert DNR Public Waters I.D. #) (Insert lake name) (Insert DNR Public Waters I.D. #) C. Natural environment (NE). Natural Environment Lake Name DNR Public Waters I.D. # (Insert lake name) (Insert DNR Public Waters I.D. #) (Insert lake name) (Insert DNR Public Waters I.D. #) 4.14 Rivers and Streams are classified as follows: A. Urban; Urban River Name Legal Description (Insert river name) (Insert legal description) (Insert river name) (Insert legal description) Agriculture; Agriculture River Name Legal Description (Insert river name) (Insert legal description) (Insert river name) (Insert legal description) 4.12. Optional provision. It is helpful to show the shoreland areas for lakes and rivers on the zoning map along with their classifications. 4.13. Cities must list lakes that are 10 or more acres, and counties 25 or more acres (Minnesota Rules, part 6120.2500, Subp. 13). Cities that annex land or townships that incorporate with lakes that are 10 acres or more must amend their ordinances to include those lakes. List lakes along with the DNR public waters ID number. 4.14. List river names here along with township, range and section number of the river reach. Optional. Communities with sensitive shorelines or waters that are at risk to degradation due to nonpoint source nutrient pollution may designate those waters (lakes and rivers) with a special protection classification and regulate the shoreland of those waters with more restrictive development standards such as lot area, setback, riparian buffers, etc. 13 Revised 10/03/2019 Ordinance Language Commentary B. Transition; Transition River Name Legal Description (Insert river name) (Insert legal description) (Insert river name) (Insert legal description) C. Forested; and Forested River Name Legal Description (Insert river name) (Insert legal description) (Insert river name) (Insert legal description) D. Remote. Remote River Name Legal Description (Insert river name) (Insert legal description) (Insert river name) (Insert legal description) 4.15 All public rivers and streams shown on the Public Waters Inventory Map for (insert name of county), a copy of which is adopted by reference, not given a classification in Section 4.14 shall be considered “Tributary.” 4.2 Land Uses. 4.21 Purpose. To identify land uses that are compatible with the protection and preservation of shoreline resources in order to conserve the economic and environmental values of shoreland and sustain water quality. 4.22 Shoreland district land uses listed in Sections 4.23 and 4.24 are regulated as: A. Permitted uses (P). These uses are allowed, provided all standards in this ordinance are followed; B. Conditional uses (C). These uses are allowed through a conditional use permit. The use must be evaluated according to the criteria in Section 3.6 of this ordinance and any additional conditions listed in this ordinance; and C. Not permitted uses (N). These uses are prohibited. 4.15. Instead of this provision, local governments may list all tributaries in the table in Section 4.14, and/or provide a map of all watercourses subject to the tributary class. This is a practical alternative if the number of tributaries is relatively small. 4.22. Land uses in the shoreland district are listed as permitted, not permitted, or conditional for each water body classification. Land uses for each lake classification are in Section 4.23, and uses for each river classification are in 4.24. Local governments may further clarify if the listed “permitted” uses are allowed with or without a permit. Uses listed as “conditional” require a Conditional Use Permit (CUP). Underlying zoning 14 Revised 10/03/2019 Ordinance Language Commentary 4.23 Land uses for lake classifications: Land Uses General Development Recreational Development Natural Environment Single residential P P P Duplex, triplex, quad residential P P C Residential PUD C C C Water-dependent commercial - Accessory to residential PUD C C C Commercial P P C Commercial PUD - Expansion of PUD involving up to six additional units or sites allowed as a permitted use provided the provisions of Section 10.0 are satisfied. C C C Solar Power Facilities (principal land use) C C C Parks & historic sites C C C Public, semipublic P P C Industrial C C N Agricultural: cropland and pasture P P P Agricultural feedlots: New N N N Agricultural feedlots: Expansion or resumption of existing C C C Forest management P P P Forest land conversion C C C Extractive use C C C Mining of metallic minerals and peat P P P should be consistent with these uses to alleviate potential conflicts. Optional. Add solar power as a conditional use including criteria or conditions of approval. See “Consideration in Siting Solar Power Facilities in Shoreland Areas” for ideas for conditions. New feedlots are prohibited in shorelands per Minnesota Rules, part 7020. Minnesota statute 116.0711 allows the resumption of existing feedlots. 15 Revised 10/03/2019 Ordinance Language Commentary 4.24 Land uses for river and stream classifications: Land Uses Remote Forested Transition Agriculture Urban Tributary Single residential P P P P P P Duplex, triplex, quad residential C P P P P P Residential PUD C C C C C C Water-dependent commercial - Accessory to residential PUD C C C C C C Commercial C C C C P P Commercial PUD - Expansion of PUD involving up to six additional units or sites allowed as a permitted use provided the provisions of Section 10.0 are satisfied. C C C C C C Solar Power Facilities (principal land use) C C C C C C Parks & historic sites C C C C C C Public, semipublic C C C C P P Industrial N C N N C C Agricultural: cropland and pasture P P P P P P Agricultural feedlots: New N N N N N N Agricultural feedlots: Expansion or resumption of existing C C C C C C Forest management P P P P P P Forest land conversion C C C C C C Extractive use C C C C C C Mining of metallic minerals and peat P P P P P P 5.0 SPECIAL LAND USE PROVISIONS 5.1 Commercial, Industrial, Public, and Semipublic Use Standards. 5.11 Water-dependent uses may be located on parcels or lots with frontage on public waters provided that: A. The use complies with provisions of Section 7.0; Optional. Add solar power as a conditional use including criteria or conditions of approval. See “Consideration in Siting Solar Power Facilities in Shoreland Areas” for ideas for conditions. New feedlots are prohibited in shorelands per Minnesota Rules, part 7020. Minnesota statute 116.0711 allows the resumption of existing feedlots. 5.0. The uses and their special conditions in this section must be in the shoreland ordinance if the use is allowed. If not, the provision may be excluded from this section, however, it should be added to the land use tables in 4.23 and 4.24 and listed as “N.” Note that some of these uses are conditional uses and must be identified as such in use tables 4.23 and 4.24. 16 Revised 10/03/2019 Ordinance Language Commentary B. The use is designed to incorporate topographic and vegetative screening of parking areas and structures; C. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and D. Uses that depend on patrons arriving by watercraft may use signs and lighting, provided that: (1) Signs placed in or on public waters must only convey directional information or safety messages and may only be placed by a public authority or under a permit issued by the county sheriff; and (2) Signs placed within the shore impact zone are: (a) No higher than ten feet above the ground, and no greater than 32 square feet in size; and (b) If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination across public waters; and (3) Other lighting may be located within the shore impact zone or over public waters if it is used to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination across public waters. This does not preclude use of navigational lights. 5.12 Commercial, industrial, public, and semi-public uses that are not water-dependent must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. 5.2 Agriculture Use Standards. 5.21 Buffers. A. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. B. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in perennial vegetation or operated under an approved conservation plan that includes alternative riparian water quality practices consistent with the field office technical guides of the local soil and water conservation district or the Natural Resource Conservation Service, and as approved by the local soil and water conservation district. 5.22 New animal feedlots are not allowed in shoreland. Modifications or expansions to existing feedlots or resumption of old feedlots are conditional uses and must meet the following standards: A. Feedlots must be designed consistent with Minnesota Rules, Chapter 7020; 5.11.D. This provision was modified from rules for consistency with the Supreme Court decision in Reed vs Town of Gilbert regarding the first amendment and signage. 5.21. The DNR will consider a 50-foot average, 30-foot minimum buffer and language defining alternative water quality practices consistent with Minnesota Statutes, section 103F.48 as being consistent with 6120.3300, Subp. 7. Please see guidance and model language for acceptable language. 5.21.B. Optional deletion. Eliminating the option to use alternative practices instead of the required buffer will reduce nutrient runoff and improve surface water quality. 17 Revised 10/03/2019 Ordinance Language Commentary B. Feedlots must not further encroach into the existing ordinary high water level setback or the bluff impact zone and must not expand to a capacity of 1,000 animal units or more; and, C. Old feedlots not currently in operation may resume operation consistent with Minnesota Statutes, Section 116.0711. 5.3 Forest Management Standards. 5.31 The harvesting of timber and associated reforestation must be conducted consistent with the applicable provisions of the Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest Management Guidelines for Landowners, Loggers and Resource Managers. 5.32 Intensive vegetation clearing for forest land conversion to another use is a conditional use subject to an erosion control and sedimentation plan developed and approved by the soil and water conservation district. 5.4 Extractive Use Standards. Extractive uses are conditional uses and must meet the following standards: 5.41. Site Development and Restoration Plan. A site development and restoration plan must be developed, approved, and followed over the course of operation. The plan must: A. Address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations; B. Identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion; and C. Clearly explain how the site will be rehabilitated after extractive activities end. 5.42 Setbacks for Processing Machinery. Processing machinery must meet structure setback standards from ordinary high water levels and from bluffs. 5.5 Metallic Mining Standards. Mining of metallic minerals and peat is a permitted use provided the provisions of Minnesota Statutes, Sections 93.44 to 93.51, are satisfied. 6.0 DIMENSIONAL AND GENERAL PERFORMANCE STANDARDS 6.1 Purpose. To establish dimensional and performance standards that protect shoreland resources from impacts of development. 6.2 Lot Area and Width Standards. After the effective date of this ordinance, all new lots must meet the minimum lot area and lot width requirements in Sections 6.25 and 6.26, subject to the following standards: 6.21 Only lands above the ordinary high water level can be used to meet lot area and width standards; 6.22 Lot width standards must be met at both the ordinary high water level and at the building line; 18 Revised 10/03/2019 Ordinance Language Commentary 6.23 The sewer lot area dimensions can only be used if publicly owned sewer system service is available to the property; 6.24 Residential subdivisions with dwelling unit densities exceeding those in Sections 6.25 and 6.26 are allowed only if designed and approved as residential PUDs under Section 10.0 of this ordinance; and 6.25 Lake Minimum Lot Area and Width Standards: A. General development lake – No sewer. B. General development lake – Sewer C. Recreational development lake – No sewer Lot Type Riparian Lot Area (sf) Riparian Lot Width (ft) Nonriparian Lot Area (sf) Nonriparian Lot Width (ft) Single 20,000 100 40,000 150 Duplex 40,000 180 80,000 265 Triplex 60,000 260 120,000 375 Quad 80,000 340 160,000 490 Lot Type Riparian Lot Area (sf) Riparian Lot Width (ft) Nonriparian Lot Area (sf) Nonriparian Lot Width (ft) Single 15,000 75 10,000 75 Duplex 26,000 135 17,500 135 Triplex 38,000 195 25,000 190 Quad 49,000 255 32,500 245 Lot Type Riparian Lot Area (sf) Riparian Lot Width (ft) Nonriparian Lot Area (sf) Nonriparian Lot Width (ft) Single 40,000 150 40,000 150 Duplex 80,000 225 80,000 265 Triplex 120,000 300 120,000 375 Quad 160,000 375 160,000 490 6.25. Local governments may want to require larger lot area and width standards than those listed. Larger lots reduce density and risk of surface water use overcrowding and preserve lakeshore character. Larger lots also reduce the amount of development and impervious surfaces along sensitive shorelines providing protection to waters sensitive to nutrient pollution. 19 Revised 10/03/2019 Ordinance Language Commentary D. Recreational development lake – Sewer E. Natural environment lake – No sewer F. Natural environment lake – Sewer Lot Type Riparian Lot Area (sf) Riparian Lot Width (ft) Nonriparian Lot Area (sf) Nonriparian Lot Width (ft) Single 20,000 75 15,000 75 Duplex 35,000 135 26,000 135 Triplex 50,000 195 38,000 190 Quad 65,000 255 49,000 245 Lot Type Riparian Lot Area (sf) Riparian Lot Width (ft) Nonriparian Lot Area (sf) Nonriparian Lot Width (ft) Single 80,000 200 80,000 200 Duplex 120,000 300 160,000 400 Triplex 160,000 400 240,000 600 Quad 200,000 500 320,000 800 Lot Type Riparian Lot Area (sf) Riparian Lot Width (ft) Nonriparian Lot Area (sf) Nonriparian Lot Width (ft) Single 40,000 125 20,000 125 Duplex 70,000 225 35,000 220 Triplex 100,000 325 52,000 315 Quad 130,000 425 65,000 410 20 Revised 10/03/2019 Ordinance Language Commentary 6.26 River/Stream Minimum Lot Width Standards. There are no minimum lot area requirements for rivers and streams. The lot width standards in feet are: Lot Type Remote Forested Transition Agriculture Urban & Tributary No Sewer Urban & Tributary Sewer Single 300 200 250 150 100 75 Duplex 450 300 375 225 150 115 Triplex 600 400 500 300 200 150 Quad 750 500 625 375 250 190 6.3 Special Residential Lot Provisions. 6.31 Subdivisions of duplexes, triplexes, and quads are conditional uses on Natural Environment Lakes and must also meet the following standards: A. Each building must be set back at least 200 feet from the ordinary high water level; B. Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building; C. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and D. No more than 25 percent of a lake’s shoreline can be in duplex, triplex, or quad developments. 6.32. One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented in Sections 6.25 and 6.26, provided the following standards are met: A. For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within an area equal to the smallest duplex-sized lot that could be created including the principal dwelling unit; B. A guest cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height; and C. A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions. 6.33 Controlled access lots are permissible if created as part of a subdivision and in compliance with the following standards: 6.26. Local governments may want to establish minimum lot area requirements and require larger lot width and area standards than those listed. 6.31. If a community does not have NE lakes this provision may be omitted. If a community has NE lakes but prohibits duplex, triplex or quads on NE lakes, this provision may be omitted. However, duplex, triplex or quad structures must be listed in the land use tables 4.23 and 4.24 as “N.” 6.32. If a community does not allow guest cottages or secondary dwelling units, this provision may be omitted. However, guest cottages must be listed in the land use tables 4.23 and 4.24 as “N.” 6.33. Controlled access lots are the only method to allow riparian access for non-riparian property and are only allowed at the time of subdivision. Communities concerned about overcrowding of surface waters may choose to prohibit controlled 21 Revised 10/03/2019 Ordinance Language Commentary A. The lot must meet the area and width requirements for residential lots, and be suitable for the intended uses of controlled access lots as provided in item D; B. If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by a percentage of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table: Ratio of lake size to shore length (acres/mile) Required percent increase in frontage Less than 100 25% 100 – 200 20% 201 – 300 15% 301 – 400 10% Greater than 400 5% C. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and D. Covenants or other equally effective legal instruments must be developed that: (1) Specify which lot owners have authority to use the access lot; (2) Identify what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, docking, swimming, sunbathing, or picnicking; (3) Limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water; (4) Require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations; and (5) Require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. 6.34 Access Easements. Easements providing access to boat docking and mooring facilities to non-riparian property owners are prohibited. access lots. If a community does not allow controlled access lots, this provision may be omitted. However, controlled access lots must be listed in the land use tables in 4.23 and 4.24 as “N.” 6.34. Optional. Communities concerned about crowding of surface waters may want to prohibit access easements and the additional boats that result from their use. 22 Revised 10/03/2019 Ordinance Language Commentary 6.4 Placement, Height, and Design of Structures. 6.41 OHWL Setback for Structures and Sewage Treatment Systems. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks, and comply with the following OHWL setback provisions. The structure setback standards for sewered properties can only be used if publicly owned sewer system service is available. Waterbody Classification Structures with No Sewer Structures with Sewer Sewage Treatment Systems Natural Environment Lakes 150 150 150 Recreational Development Lakes 100 75 75 General Development Lakes 75 50 50 Remote Rivers 200 200 150 Forested and Transition Rivers 150 150 100 Agriculture, Urban, & Tributary Rivers 100 50 75 A.OHWL Setbacks. Structures, impervious surfaces, and sewage treatment systems must meet setbacks from the Ordinary High Water Level (OHWL), except that one water-oriented accessory structure or facility, designed in accordance with Section 7.3 of this ordinance, may be set back a minimum distance of ten (10) feet from the OHWL: B.Setback averaging. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the OHWL, provided the proposed structure is not located in a shore impact zone or in a bluff impact zone (see Figure 7); Figure. 7 Structure Setback Averaging 6.4. Local governments may apply stricter standards than those listed here. Increasing structure setbacks can help reduce the risk of erosion in near shore areas and enhance the aesthetic character of lakes and shorelands. Larger setbacks also allow room for larger riparian buffers. Increasing septic system setbacks increases reduces the risk of subsurface effluent reaching surface waters. 6.41 Optional addition. This language clarifies that the ”sewer” standards only apply if a publicly owned sewer system is available to the property to be consistent with similar language in Section 6.23 which is specified in rule. 6.41.A. Optional language. Keeping impervious surfaces away from the riparian edge is important for reducing the risk of erosion in the near shore area and nutrient loading into surface waters due to runoff. Section 7.3 of this ordinance allows for some exceptions for impervious surfaces in the near shore area. ALL accessory structures must meet floodplain standards and are prohibited in floodways. 6.41.B. Local governments may choose to exclude this provision from their ordinance or only apply it to nonconforming lots. 23 Revised 10/03/2019 Ordinance Language Commentary C.Setbacks of decks. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria are met: (1) The structure existed on the date the structure setbacks were established; (2) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; (3) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or is no closer than 30 feet from the OHWL, whichever is more restrictive; and (4) The deck is constructed primarily of wood, and is not roofed or screened (see Figure 8). Figure 8. Deck Encroachment D.Additional structure setbacks. Structures must also meet the following setbacks, regardless of the waterbody classification: Setback from: Setback (ft) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state, or county highway 50 Right-of-way line of town road, public street, or other roads not classified 20 E.Bluff Impact Zones. Structures, impervious surfaces, and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. 6.41.C. Local governments may choose to exclude this provision from their ordinance. 6.41.D. Local governments may apply stricter standards than those listed. The presence of permeable soils on top of bedrock, combined with steep slopes or bluffs, can increase risk of septic effluent leakage out the sides of slopes or bluffs. Establishing septic system setbacks from the top of bluffs can reduce this risk. 6.41.E. Optional. Keeping impervious surfaces out of the bluff impact zone is important for reducing the risk of slope erosion and failure and nutrient loading into surface waters due to runoff. 24 Revised 10/03/2019 Ordinance Language Commentary 6.42 Height of Structures. All structures in residential districts in cities, except churches and nonresidential agricultural structures, must not exceed 25 feet in height. 6.43 Lowest Floor Elevation. A. Determining elevations. Structures must be placed at an elevation consistent with the applicable floodplain regulatory elevations. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows: (1) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher (see Figure 9); (2) For rivers and streams, by placing the lowest floor at least three feet above the highest known flood elevation. If highest known flood elevation is not available, by placing the lowest floor at least three feet above the ordinary high water level (see Figure 9), or by conducting a technical evaluation to establish a flood protection elevation. Technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 to 6120.6200. B. Methods for placement. (1) In addition to the lowest floor, all service utilities must be elevated or water-tight to the elevation determined in part A. (2)If elevation methods involving fill would result in filling in the SIZ, then structures must instead be elevated through floodproofing methods in accordance with 6.43(B)(3) below; (3) If the structure is floodproofed, then it must be built to resist hydrostatic pressure through elevation methods such as blocks, pilings, filled stem walls, elevated concrete pad, internally flooded enclosed areas, or through other accepted engineering practices consistent with FEMA technical bulletins 1, 2 and 3. Figure 9. Lowest Floor Elevation 6.42. Height standards only apply to residential districts in cities (MR 6120.3300 Subp. 3.G.). 6.43. These provisions apply to areas where there are no mapped floodplains or floodplain studies for determining elevations. If ALL shoreland areas in a community have been mapped/have studies, these provisions may be omitted. 6.43.B(2) Optional. Do not allow fill to raise structures in the SIZ, only elevation through floodproofing. This minimizes land alteration and vegetation removal in a highly sensitive area. 25 Revised 10/03/2019 Ordinance Language Commentary 6.44 Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. 6.5 Water Supply and Sewage Treatment. 6.51 Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 6.52 Sewage treatment. Any premises used for human occupancy must be connected to a publicly-owned sewer system, where available or comply with Minnesota Rules, Chapters 7080 – 7081. 7.0 PERFORMANCE STANDARDS FOR PUBLIC AND PRIVATE FACILITIES 7.1 Placement and Design of Roads, Driveways, and Parking Areas. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening as viewed from public waters and comply with the following standards: 7.11 Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts; 7.12 Watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met; 7.13 Private facilities must comply with the grading and filling provisions of Section 8.3 of this ordinance; and 7.14 For public roads, driveways and parking areas, documentation must be provided by a qualified individual that they are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. 7.2 Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts, and landings must meet the following design requirements: 7.21 Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public recreational uses, and planned unit developments; 7.22 Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public-space recreational uses, and planned unit developments; 26 Revised 10/03/2019 Ordinance Language Commentary 7.23 Canopies or roofs are not allowed on stairways, lifts, or landings; 7.24 Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 7.25 Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and 7.26 Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, if they are consistent with the dimensional and performance standards of sub items 7.21 to 7.25 and the requirements of Minnesota Rules, Chapter 1341. 7.3 Water-oriented Accessory Structures or Facilities. Each residential lot may have one water-oriented accessory structure or facility if it complies with the following provisions: 7.31 The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. The structure or facility may include detached decks not exceeding eight feet above grade at any point or at-grade patios; 7.32 The structure or facility is not in the Bluff Impact Zone; 7.33 The setback of the structure or facility from the ordinary high water level must be at least ten feet; 7.34 The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245; 7.35 The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; 7.36 The roof may be used as an open-air deck with safety rails, but must not be enclosed with a roof or sidewalls or used as a storage area; 7.37 The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; 7.38 As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for storage of watercraft and boating-related equipment may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the shoreline; and 7.39 Water-oriented accessory structures may have the lowest floor placed lower than the elevation specified in Section 6.43 if the structure is designed to accommodate internal flooding, constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation 7.3. If a community does not allow water-oriented accessory structures or facilities (WOAS), this provision may be omitted. However, such structures and facilities must be listed in the land use tables in 4.23 and 4.24 as “N.” 7.31. Optional addition. Including “patios” as a water-oriented accessory structure (WOAS) or facility makes patios subject to the limitations of this provision. This helps to simplify administration and limit the amount of impervious surfaces within the shore impact zone. “Patios” should only be included here if they are also included in the definition of WOAS in Section 2.558. It’s acceptable to allocate the 250 SF limit between multiple structures and facilities. 7.36. Optional addition. The additional language helps to clarify structure design and keep such structures smaller and less noticeable. Rules don’t specifically prohibit roofs but they do say “must not be enclosed” A reasonable interpretation is that roofs constitute and enclosure. 27 Revised 10/03/2019 Ordinance Language Commentary and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. 8.0 VEGETATION AND LAND ALTERATIONS 8.1 Purpose. Alterations of vegetation and topography are regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, sustain water quality, and protect fish and wildlife habitat. 8.2 Vegetation Management. 8.21 Removal or alteration of vegetation must comply with the provisions of this subsection except for: A. Vegetation alteration necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities; B. The construction of public roads and parking areas if consistent with Section 7.1 of this ordinance; C. Forest management uses consistent with Section 5.3 of this ordinance; and D. Agricultural uses consistent with Section 5.2 of this ordinance. 8.22 Intensive vegetation clearing in the shore and bluff impact zones and on steep slopes is prohibited. Intensive clearing outside of these areas is allowed if consistent with the forest management standards in Section 5.3 of this ordinance. 8.23 Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones and on steep slopes, is allowed to provide a view to the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: A. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; B. Existing shading of water surfaces along rivers is preserved; C. Cutting debris or slash shall be scattered and not mounded on the ground; and D. Perennial ground cover is retained. E. Picnic areas, access paths, livestock watering areas, beaches and watercraft access areas are prohibited in bluff impact zones. 8.24 Removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety hazards is allowed without a permit. 8.0. These standards prohibit or limit vegetation removal in specified areas. These are difficult to administer and enforce, and once vegetation has been removed there are no requirements to restore it. Communities concerned about the loss of riparian vegetation and habit, erosion control and aesthetics may consider establishing a requirement to maintain a riparian buffer and restoration to the required standard as a condition of any permit approval. This is one of the most important actions any community can take – See the Innovative Standards Webpage . 8.23 C, D, and E. Optional. These standards provide additional protection for vegetation and reduce land disturbance in bluff impact areas that enhance habitat and protect water quality. 28 Revised 10/03/2019 Ordinance Language Commentary 8.25 Fertilizer and pesticide runoff into surface waters must be minimized through use of vegetation, topography or both. 8.3 Grading and Filling. 8.31 Grading and filling activities must comply with the provisions of this subsection except for the construction of public roads and parking areas if consistent with Section 7.1 of this ordinance. 8.32 Permit Requirements. A. Grading, filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways, if part of an approved permit, do not require a separate grading and filling permit. However, the standards in Section 8.33 of this ordinance must be incorporated into the permit. B. For all other work, including driveways not part of another permit, a grading and filling permit is required for: (1) the movement of more than 10 cubic yards of material on steep slopes or within shore or bluff impact zones; and (2) the movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. 8.33 Grading, filling and excavation activities must meet the following standards: A. Grading or filling of any wetland must meet or exceed the wetland protection standards under Minnesota Rules, Chapter 8420 and any other permits, reviews, or approvals by other local state, or federal agencies such as watershed districts, the DNR or US Army Corps of Engineers; B. Land alterations must be designed and implemented to minimize the amount of erosion and sediment from entering surface waters during and after construction consistently by: (1) Limiting the amount and time of bare ground exposure; (2) Using temporary ground covers such as mulches or similar materials; (3) Establishing permanent, deep-rooted and dense vegetation cover as soon as possible; (4) Using sediment traps, vegetated buffer strips or other appropriate techniques; (5) Stabilizing altered areas to acceptable erosion control standards consistent with the field office technical guides of the soil and water conservation district; (6) Not placing fill or excavated material in a manner that creates unstable slopes. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater; 8.3. Note that Minnesota Rules, part 4410.4300, Subp. 36a provides thresholds for mandatory EAWs for certain land conversions and alterations in shoreland. The local government is the Responsible Government Unit (RGU) unless otherwise specified. 8.32.A. The1999 model ordinance included driveways in this provision even though they are not included in rule. If ordinances include driveways in this provision they should also include the driveway language in 8.32.B. to communicate that driveways, as a stand-alone project, do need a permit if they meet the stated disturbance thresholds. 8.32.B. Optional. In addition to a cubic yard threshold for permitting, also include a square footage threshold that is comparable to the disturbance of the required 10 cubic yard threshold. Most property owners can visualize square footage area better than a cubic yard volume and will thus aid in permitting compliance. A land disturbance of 1,000 square feet (an approximate 32 X 32-foot area) in the SIZ/BIZ or on a steep slope is a significant area that could cause erosion/sedimentation into surface waters and worthy of management through a permit. A commensurate area for the 50 cubic yard threshold is 5,000 square feet. 8.32.B.(1).Optional. Consider prohibiting filling in the SIZ or if filling is allowed, require conditions of approval that, at a minimum, require vegetation restoration. 8.33.B.(3). Optional addition of deep-rooted and dense vegetation to improve soil stability. 29 Revised 10/03/2019 Ordinance Language Commentary (7) Fill or excavated material must not be placed in bluff impact zones; (8) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, Section 103G; (9) Alterations of topography are only allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and (10)Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if: (a) the finished slope does not exceed three feet horizontal to one-foot vertical; (b) the landward extent of the riprap is within ten feet of the ordinary high water level; and (c) the height of the riprap above the ordinary high water level does not exceed three feet (see Figure 10). Figure 10. Riprap Guidelines 8.34 Connections to public waters. Excavations to connect boat slips, canals, lagoons, and harbors to public waters require a public waters permit and must comply with Minnesota Rules, Chapter 6115. 8.4 Stormwater Management. 8.41 General Standards: A. When possible, existing natural drainageways, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. B. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas 8.34. DNR permits for public water excavations require that the local government have a DNR-approved shoreland zoning ordinance (Minnesota Statute, Section 103G.245, Subd. 8(1)) as a condition of a public water permit approval. The DNR may deny a permit for public waters excavations if there is no shoreland ordinance or if the current ordinance is not consistent with the ordinance the DNR has approved. 8.41. These are common stormwater management BMPs. If any of these specific provisions exist elsewhere in a local ordinance and are similar, they may be omitted here. 30 Revised 10/03/2019 Ordinance Language Commentary must be stabilized as soon as possible and appropriate facilities or methods used to retain sediment on the site. C. When development density, topography, soils, and vegetation are not sufficient to adequately handle stormwater runoff, constructed facilities such as settling basins, skimming devices, dikes, waterways, ponds and infiltration may be used. Preference must be given to surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. 8.42 Specific Standards: A. Impervious surfaces of lots must not exceed 25 percent of the lot area. B. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district or the Minnesota Stormwater Manual, as applicable. C. New constructed stormwater outfalls to public waters must be consistent with Minnesota Rules, part 6115.0231. 9.0 SUBDIVISION/PLATTING PROVISIONS 9.1 Purpose. To ensure that new development minimizes impacts to shoreland resources and is safe and functional. 9.2 Land suitability. Each lot created through subdivision, including planned unit developments authorized under Section 10.0 of this ordinance, must be suitable in its natural state for the proposed use with minimal alteration A suitability analysis must be conducted for each proposed subdivision, including planned unit developments, to determine if the subdivision is suitable in its natural state for the proposed use with minimal alteration and whether any feature of the land is likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. 9.3 Consistency with other controls. Subdivisions and each lot in a subdivision shall meet all official controls so that a variance is not needed later to use the lots for their intended purpose. 9.4 Water and Sewer Design Standards. 9.41 A potable water supply and a sewage treatment system consistent with Minnesota Rules, Chapters 7080 – 7081 must be provided for every lot. 9.42 Each lot must include at least two soil treatment and dispersal areas that support systems described in Minnesota Rules, parts 7080.2200 to 7080.223 or site conditions described in part 7081.0270, subparts 3 to 7, as applicable. 9.43 Lots that would require use of holding tanks are prohibited. 8.42.A. Local governments may reduce the maximum amount of impervious surface allowed. Reducing the amount of allowed impervious surface will reduce the runoff volume and rate reducing the risk of erosion and nutrient loading into surface waters. Requiring a lower minimum (15% or 20%) only on new lots avoids the creation of nonconformities. 31 Revised 10/03/2019 Ordinance Language Commentary 9.5 Information requirements. 9.51 Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more current sources, showing limiting site characteristics; 9.52 The surface water features required in Minnesota Statutes, section 505.021, Subd. 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more current sources; 9.53 Adequate soils information to determine suitability for building and sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; 9.54 Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; 9.55 Location of 100-year flood plain areas and floodway districts from existing adopted maps or data; and 9.56 A line or contour representing the ordinary high water level, the “toe” and the “top” of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. 9.6 Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. 9.7 Platting. All subdivisions that cumulatively create five or more lots or parcels that are 2-1/2 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapters 462.358 Subd. 3a (cities) and 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after the adoption of this ordinance unless the lot was previously approved as part of a formal subdivision. 9.8 Controlled Access Lots. Controlled access lots within a subdivision must meet or exceed the lot size criteria in Section 6.33 of this ordinance. 10.0 PLANNED UNIT DEVELOPMENTS (PUDs) 10.1 Purpose. To protect and enhance the natural and scenic qualities of shoreland areas during and after development and redevelopment of high density residential and commercial uses. 10.2 Types of PUDs Permissible. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. Deviation from the minimum lot size standards of Section 6.2 of this ordinance is allowed if the standards in this Section are met. 9.51. In addition to paper based topographic information, MnTOPO is a web-based application for viewing, printing and downloading high-resolution elevation data. It can also be used to generate elevation profiles for locating bluffs, watershed boundaries or other topographical features of interest. 9.7. Optional. “Cumulatively” is recommended to close a loophole where a parcel is subdivided at different times, each time creating fewer than 5 parcels to avoid the requirement to plat. Both Minnesota Statutes, sections 462 and 394 say official controls are to provide for “orderly” development. Applying this provision cumulatively to parcels supports this purpose. 10.0 Shoreland PUDs require a conditional use permit (CUP) and are best thought of as a conditional use to allow higher density in shoreland areas. Provisions in this section are conditions of approval that are required to approve a Shoreland PUD (CUP) and cannot be weakened through the negotiation process of a local government’s general PUD ordinance. 32 Revised 10/03/2019 Ordinance Language Commentary 10.3 Processing of PUDs. Planned unit developments in the shoreland district must be processed as a conditional use and comply with the provisions of this section in addition to those standards outlined elsewhere in the zoning and subdivision regulations. When there is a conflict in requirements, the more stringent of the requirements shall be applied. An expansion to an existing commercial PUD involving 6 or less new dwelling units or sites since the date this ordinance was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in Section 10.5. Approval cannot occur until all applicable environmental reviews are complete. 10.4 Application for a PUD. The applicant for a PUD must submit the following documents prior to final action on the application request: 10.41 Site plan and/or plat showing: A. Locations of property boundaries; B. Surface water features; C. Existing and proposed structures and other facilities; D. Land alterations; E. Sewage treatment and water supply systems (where public systems will not be provided); F. Topographic contours at ten-foot intervals or less; and G. Identification of buildings and portions of the project that are residential, commercial, or a combination of the two (if project combines commercial and residential elements). 10.42 A property owner’s association agreement (for residential PUD’s) with mandatory membership, and consistent with Section 10.6 of this ordinance. 10.43 Deed restrictions, covenants, permanent easements or other instruments that: A. Address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and B. Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in Section 10.6 of this ordinance. 10.44 A master plan/site plan describing the project and showing floor plans for all commercial structures. 10.45 Additional documents necessary to explain how the PUD will be designed and will function. 10.5 Density Determination. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures. 10.3. Optional addition to ensure that a community’s “general PUD” ordinance isn’t used to undermine the shoreland standards in theses shoreland PUD provisions. If a community does not allow PUDs in shoreland, Section 10.0 should be omitted. However, PUDs must be listed in the land use tables in 4.23 and 4.24 as “N.” If the local government does not have DNR-approved shoreland PUD provisions in its ordinance but still allows PUDs in shoreland, Minnesota Rules, part 6120.3800, Subp. 1 gives the DNR authority to review PUDs in shoreland for compliance with state rules. In this case, the ordinance must have a provision that states “The DNR must approve all PUDs located in shorelands.” 10.5. Determining and evaluating proposed project density may be complex depending on the project. Please review the Residential PUD Guidance Document for determining density and/or contact your Area Hydrologist for assistance. 33 Revised 10/03/2019 Ordinance Language Commentary 10.51 Step 1. Identify Density Analysis Tiers. Divide the project parcel into tiers by drawing one or more lines parallel to the ordinary high water level at the following intervals, proceeding landward: Waterbody Classification No Sewer (ft) Sewer (ft) General Development Lakes – 1st tier 200 200 General Development Lakes – all other tiers 267 200 Recreational Development Lakes 267 267 Natural Environment Lakes 400 320 All Rivers 300 300 10.52 Step 2. Calculate Suitable Area for Development. Calculate the suitable area within each tier by excluding all wetlands, bluffs, or land below the ordinary high water level of public waters. 10.53 Step 3. Determine Base Density: A. For residential PUDs, divide the suitable area within each tier by the minimum single residential lot area for lakes to determine the allowable number of dwelling units, or base density, for each tier. For rivers, if a minimum lot area is not specified, divide the tier width by the minimum single residential lot width. B. For commercial PUDs: (1) Determine the average area for each dwelling unit or dwelling site within each tier. Include both existing and proposed dwelling units and sites in the calculation. (a) For dwelling units, determine the average inside living floor area of dwelling units in each tier. Do not include decks, patios, garages, or porches and basements, unless they are habitable space. (b) For dwelling sites (campgrounds), determine the area of each dwelling site as follows: For manufactured homes, use the area of the manufactured home, if known, otherwise use 1,000 sf. For recreational vehicles, campers or tents, use 400 sf. 10.53.A. For LGUs that have specified a minimum lot area for river lots, the process for determining base density for lakes and rivers will be the same – tier area divided by lot area. 34 Revised 10/03/2019 Ordinance Language Commentary (2) Select the appropriate floor area/dwelling site area ratio from the following table for the floor area or dwelling site area determined in Section 10.53 B. 1. Inside Living Floor Area or Dwelling Site Area (sf) General Development Lakes w/Sewer – all tiers General Development Lakes w/no sewer – 1st tier Agricultural, Urban and Tributary Rivers General Development Lakes w/no sewer – all other tiers Recreational Development Lakes Forested and Transition Rivers Natural Environment Lakes Remote Rivers < 200 .040 .020 .010 300 .048 .024 .012 400 .056 .028 .014 500 .065 .032 .016 600 .072 .038 .019 700 .082 .042 .021 800 .091 .046 .023 900 .099 .050 .025 1,000 .108 .054 .027 1,100 .116 .058 .029 1,200 .125 .064 .032 1,300 .133 .068 .034 1,400 .142 .072 .036 > 1,500 .150 .075 .038 (3) Multiply the suitable area within each tier determined in Section 10.52 by the floor area or dwelling site area ratio to yield the total floor area or dwelling site area for each tier to be used for dwelling units or dwelling sites. (4) Divide the total floor area or dwelling site area for each tier calculated in Section 10.53 B. 3 by the average inside living floor area for dwelling units or dwelling site area determined in 10.53 B 1. This yields the allowable number of dwelling units or dwelling sites, or base density, for each tier. 35 Revised 10/03/2019 Ordinance Language Commentary C. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any tier closer to the waterbody. D. All PUDs with densities at or below the base density must meet the design standards in Section 10.6 10.54 Step 4. Determine if the Site can Accommodate Increased Density: A. The following increases to the dwelling unit or dwelling site base densities determined in Section 10.53 are allowed if the design criteria in Section 10.6 of this ordinance are satisfied as well as the standards in Section 10.54, item B: Shoreland Tier Maximum density increase within each tier (percent) 1st 50 2nd 100 3rd 200 4th 200 5th 200 B. Structure setbacks from the ordinary high water level: (1) Are increased to at least 50 percent greater than the minimum setback; or (2) The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least 25 percent greater than the minimum setback. 10.6 Design Criteria. All PUDs must meet the following design criteria. 10.61 General Design Standards. A. All residential planned unit developments must contain at least five dwelling units or sites. B. On-site water supply and sewage treatment systems must be centralized and meet the standards in Section 6.5 of this ordinance. Sewage treatment systems must meet the setback standards of Section 6.41, item A of this ordinance. C. Dwelling units or dwelling sites must be clustered into one or more groups and located on suitable areas of the development. D. Dwelling units or dwelling sites must be designed and located to meet the dimensional standards in Sections 6.41, 6.42, and 6.43: 10.54. This provision allows very high densities leading to overcrowding of surface waters and increases the risk to phosphorus sensitive lakes and sensitive shoreline areas. Even without this density bonus provision, the Shoreland PUD allows for significantly greater density over standard lot and block subdivisions due to design flexibility of not requiring a minimum lot size. Local governments concerned about overuse of surface waters, degradation of water quality, compatibility with adjacent development, and overall community character should omit or reduce this density bonus provision. 10.61.D MR 6120.3800 Subp. 5.B.3.(b) states that dwelling units must be designed to meet/exceed the dimensional standards for OHWL setback, elevation, height. 36 Revised 10/03/2019 Ordinance Language Commentary E. Shore recreation facilities: (1) Must be centralized and located in areas suitable for them based on a suitability analysis. (2) The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). (3) Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers. F. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. G. Accessory structures and facilities, except water oriented accessory structures, must meet the required structure setback and must be centralized. H. Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Section 7.3 of this ordinance and are centralized. 10.62 Open Space Requirements. A. Open space must constitute at least 50 percent of the total project area and must include: (1) Areas with physical characteristics unsuitable for development in their natural state; (2) Areas containing significant historic sites or unplatted cemeteries; (3) Portions of the shore impact zone preserved in its natural or existing state as follows: (a) For existing residential PUD’s, at least 50 percent of the shore impact zone (b) For new residential PUDs, at least 70 percent of the shore impact zone. (c) For all commercial PUD’s, at least 50 percent of the shore impact zone. B. Open space may include: (1) Outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; (2) Subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; and (3) Non-public water wetlands. 10.62. Open space provides significant ecological, recreational, and economic benefits. Local governments may want to add additional specifications for its design and maintenance. This could include specifying the amount and type of native vegetation, its long-term maintenance, and connectivity to adjacent natural areas. Other options include limiting the amount of open space that may be used for high intensity recreational areas (trails, playgrounds, etc.), stormwater and sewage treatment, etc. 10.62.B.(3). WCA or other non-public water wetlands may be included in open space. Public waters, including public water wetlands, are already public open space and cannot be counted as open space. 37 Revised 10/03/2019 Ordinance Language Commentary C. Open space shall not include: (1) Dwelling sites or lots, unless owned in common by an owners association; (2) Dwelling units or structures, except water-oriented accessory structures or facilities; (3) Road rights-of-way or land covered by road surfaces and parking areas; (4) Land below the OHWL of public waters; and (5) Commercial facilities or uses. 10.63 Open Space Maintenance and Administration Requirements. A. Open space preservation. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved and maintained by use of deed restrictions, covenants, permanent easements, public dedication, or other equally effective and permanent means The instruments must prohibit: (1) Commercial uses (for residential PUD’s); (2) Vegetation and topographic alterations other than routine maintenance; (3) Construction of additional buildings or storage of vehicles and other materials; and (4) Uncontrolled beaching of watercraft. B. Development organization and functioning. Unless an equally effective alternative community framework is established, all residential planned unit developments must use an owners association with the following features: (1) Membership must be mandatory for each dwelling unit or dwelling site owner and any successive owner; (2) Each member must pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or dwelling sites; (3) Assessments must be adjustable to accommodate changing conditions; and (4) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. 10.64 Erosion Control and Stormwater Management. A. Erosion control plans must be developed and must be consistent with the provisions of Section 8.3 of this ordinance. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant. 10.62.C.(1). Optional. “Dwelling sites” are not the same as lots (see definition in Section 2). Dwelling sites in a residential subdivision is the area within a lot not covered by a dwelling unit or structure (plus a buffer area around the sites or structures) that can be included as open space. Privately owned residential “open space” is very difficult to manage and maintain for ecological benefits, even with the required conservation easements. Communities concerned about developing and maintaining valuable habitat and water quality through open space preservation or about the ability to “administer” protection of open space on residential lots, may choose to add “lots, unless owned in common by an owner’s association.” 10.62.C.(4) clarifies that open space cannot include land below the OHWL of public waters. Use of the water above this land is already a “public” open space. The purpose of the open space is to set-aside and permanently protect private land for recreation, habitat, and water quality purposes and to offset higher development densities allowed. 38 Revised 10/03/2019 Ordinance Language Commentary B. Stormwater management facilities must be designed and constructed to manage expected quantities and qualities of stormwater runoff. (1)For residential PUDs, impervious surface for the entire project site must not exceed 25%. (2) For commercial PUDs, impervious surfaces within any tier must not exceed 25 percent of the tier area, except that 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with Section 8.0 of this ordinance. 10.7 Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to residential PUDs if all of the following standards are met: 10.71 Proposed conversions must be evaluated using the same procedures for residential PUDs involving new construction. Inconsistencies between existing features of the development and these standards must be identified; 10.72 Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit; 10.73 Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following: A. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones; B. Remedial measures to correct erosion, improve vegetative cover and improve screening of buildings and other facilities as viewed from the water; and C. Conditions attached to existing dwelling units located in shore or bluff impact zones that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. 10.74 Existing dwelling unit or dwelling site densities that exceed standards in Section 10.5 of this ordinance may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. 10.64.B.(1) Optional higher standard to ensure that the impervious surface for the entire development does not exceed 25% 10.64.B.(2) Optional deletion. Local governments may choose to require a 25% impervious surface limit in all tiers for commercial PUDs by deleting the provisions that allows a 35% impervious surface limit. This spreads out the impervious surface and limits it in near shore areas thus preserving habitat and shoreland aesthetics. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 1 of 10 MEMORANDUM DATE: December 9th, 2020 PC Agenda Item 3.B TO: Planning Commission Chair and Commissioners FROM: Joe Hartmann, Associate Planner SUBJECT: Planning Case #20-017 – No Public Hearing Required Applicant: Kye Samuelson Property Location: 3493 Siems Court Request: Variance Requested Action Kye Samuelson (“Applicant”) has submitted a land use application for a variance to construct an accessory structure at 3493 Siems Court (“Subject Property”). The Applicant is requesting a variance for flexibility with a proposed accessory structure’s height and size within the Ordinary High Water Level (OHWL) setback. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District, and is guided as Low Density Residential on the Land Use Plan. Variance Flexibility Requested A variance is requested for: 1. Proposed accessory structure height: currently proposed at nine (9) feet and five (5) inches tall, eight (8) feet tall is allowed by ordinance. 2. Proposed accessory structure area, currently proposed at 93.5 square feet, sixty-four (64) square feet is allowed by ordinance. Background 1. Overview of Request At the October 7th Planning Commission meeting the Applicant requested a variance to build a 120 square foot accessory storage structure that encroached 18 inches into the Shore Impact Zone of Lake Johanna. The proposed accessory structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The Planning Commission voted to table that request to allow the Applicant to submit revised plans that would better conform to the provisions of the Shoreland Ordinance. Attachment D City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 2 of 10 The Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. However, the proposed structure still requires a variance due to the proposed height and area that exceeds current ordinance standards. The Applicant proposes adding new conditions of approval to the request that would set performance standards for the structure and recognizes that this would set a precedent for future structures located near the shore to follow (Attachment E). For example, the Applicant proposing the use of language such as calling the overall structure a ‘floating shed’ that would require future residents to meet certain conditions unique to this specific scenario. On the Subject Property, the Applicant notes that the site features 100% drainage and runoff beneath the existing structure, with runoff uninhibited by any foundation or any non-natural elements, which could be a condition of approval for future applications. They also request an optional requirement for the addition and maintenance of vegetation around the future structure for environmental and aesthetic purposes. The Planning Commission is being asked to determine if a variance request for flexibility with the Shoreland Management District setback requirements should be approved for the new proposed accessory structure. This structure requires flexibility from the restrictions for City Code within Shoreland Management Districts. The evaluation of the proposal should be based on the provisions within the Zoning Code and the Requirements for a Variance in Section 1355.04, Subd. 4 and the Continuation of Nonconforming Uses in Section 1350.02. A revised application should be reviewed in the same manner as required for a new application. Any structural alteration or changes to the original plan require that all procedures shall apply as if a new application were being requested. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (R-1 Single Family Residential District) – Section 1320.06 Lot Size and Dimensions The minimum lot width required for the Subject Property is ninety-five (95) feet and the minimum lot length is 130 feet. The minimum lot size is 14,000 square feet. The Subject Property meets the minimum lot width and length requirements for the R-1 District as well as the minimum lot area requirement. The property is approximately 16,152 square feet in area and, including the deck structure near the shore, maintains a structure coverage of 24.8%, a FAR of 0.26, and an impervious surface coverage of 31.3%. The maximum structure coverage allowed is 25%, the maximum FAR allowed is 0.30, and the maximum impervious surface coverage allowed is 35%. If approved for this variance, the property would be beneath the maximum structure coverage, FAR, and impervious coverage allowed under City Code. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 3 of 10 Aerial Photo of the Subject Property and accessory structure location. Structure Setbacks - Flexibility Requested The Subject Property is located within a Shoreland Management District, which impacts the rear setback of the property. Shoreland Management Districts overlay existing zoning districts of the City shown on the official zoning map. The Shoreland Management District classifies Lake Johanna as a General Development Lake, which determines certain setback requirements from the lakeshore. The rear of the Subject Property faces Lake Johanna, which has a setback of fifty (50) feet from the Ordinary High Water Level (OHWL). Minnesota Statutes 103G.005 Subd. 14 defines the OHWL as: “…the elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial…” The OHWL of Lake Johanna is 878 feet above sea level according to Minnesota Department of Natural Resources. The Shore Impact Zone is the land located between the OHWL and a line parallel to it at a setback of 50 percent of the structure setback. In other words, the Shore Impact Zone is the twenty-five (25) feet nearest to the shore within the 50 foot rear yard setback of the OHWL. The proposed structure would be located 25.2 feet from the OHWL setback just outside the Shore Impact Zone on top of where an existing landing structure is located. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 4 of 10 Shoreline Impact Zone and 50’ structure setback. 2.General Regulations – Section 1325.01 Accessory Structures According to City Code Section 1325.01 Subd. 5, B, the exterior finish of accessory structures shall be compatible in appearance and material used with the principal structure served by the accessory structure. The Applicant is requesting a design that matches the exterior finish of the principal structure of the house. The contractor who will build the proposed structure, Scherer Brothers, has confirmed the wall load calculation needs and the truss load on the structure, confirming that there no additional structural needs for wall and roof framing that would affect the outward appearance of the structure. Staff is recommending as a condition of approval that to the extent practical, the exterior materials of the proposed accessory structure shall be consistent or complementary in color, texture and quality with those on the principal structure. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 5 of 10 Floor plans and elevations for the proposed storage structure 3. Shoreland Regulations – Section 1330 Under City Code Section 1330.03 Subd. 5, lakeshore lots may be permitted up to one (1) accessory storage shed within the required structure setback from the OHWL, provided that it is not located within the Shore Impact Zone; does not exceed sixty-four (64) square feet in size and eight (8) feet in height measured to the highest point of the structure; and is not designed or used for human habitation and does not contain a water supply or sewage treatment facilities. Measured from the base of the landing to the highest point of the structure, the proposed structure would exceed the 8 foot height limitation at nine (9) feet, five (5) inches tall. The structure proposed would measure 8.5 feet by 11 feet, or 93.5 square feet, which exceeds the 64 square foot maximum allowed within code. City Code Section 1330.03 Subd. 7 states that in Shore Impact Zones and on steep slopes, limited clearing of trees and shrubs for access to the shoreline, and cutting, pruning, and trimming of trees is allowed provided that a minimum of seventy-five (75) percent of the Shore Impact Zone be left in its natural state. There is a thirty (30) foot grade difference every 100 feet, which creates a steep slope to transport lake items up to store in the garage. The Applicant stated in their original narrative that the grade in the rear of the property is difficult enough to have warranted the construction of a switchback grass trail for a golf cart to bring elderly family members from the driveway down to the lake. This would make it difficult to locate an accessory storage structure elsewhere on the property. The proposal would prevent clearing of trees and shrubs for access elsewhere in the back yard and maintain the Shore Impact Zone. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 6 of 10 Topographic Overlay of 3493 Siems Court, depicting the change in elevation on the Subject Property. City Code Section 1330.03 Subd. 7 continues that, “the minimal amount of vegetation shall be altered and sufficient vegetative cover shall remain to screen cars, dwellings and other structures when viewed from public waters. Except for the removal of invasive species, clear cutting of vegetation shall be prohibited. Native vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff and soil erosion.” The Applicant mentioned within their original narrative that the existing deck would be unobtrusive by adding natural, deep-rooting vegetation around specific areas near the proposed storage structure, creating more coverage and reducing phosphorous runoff. The Applicant argues that this would protect the shoreland after development by reducing the runoff that would otherwise cause water pollution and decreasing the need for additional stormwater treatment infrastructure. 4. Variance Review Requirements – Section 1355.04 The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city’s articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task of considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the minimum OHWL setback requirement City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 7 of 10 within the Shore Impact Zone, any conditions attached should presumably relate to mitigating the effect of the encroachment. Deviations from the requirements for accessory structures in exceptional and unusual circumstances may be permitted after Planning Commission review and City Council approval in accordance with Section 1355.04 Subd 5 and with documentation showing the unusual circumstances justifying the proposed deviation and plans for the proposed accessory structure. The Planning Commission will need to determine, using the following variance findings and criteria, whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all three factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Below are the Applicant’s findings of fact. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive Plan. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District and is guided as Low Density Residential on the Land Use Plan. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the storage of recreational water equipment for a single family home is a reasonable use of an accessory structure within the Shoreland Management District. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, there is a thirty (30) foot grade difference every 100 feet, which creates a very steep slope to transport lake items up to store in the garage. This is unique to the property, making it difficult to place the storage structure elsewhere. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the storage shed would be 30 feet below the adjoining neighbors, The Applicant is proposing to add landscaping to assist in screening the structure and making it inconspicuous and blended to the landscape. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. According to the Applicant the proposed variance is not based on economic consideration. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 8 of 10 A solar energy system is not proposed. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. City Staff received a land use application for a request to build an accessory structure for storage at the Subject Property 3493 Siems Court. 2. Storage of personal items is a permitted use for an accessory structure in the R-1 Single Family Residential District. 3. The Subject Property has a steep downward slope in the rear yard that prevents the Applicant from building on much of the site. 4. The Subject Property meets the minimum lot size, width, and length requirements for the R-1 District. 5. The Applicant is requesting flexibility with the maximum height and size restrictions for an accessory storage shed located within the Ordinary High Water Level (OHWL) setback requirement for Lake Johanna. 6. The rear yard setback requirement for a proposed accessory structure is determined by the OWHL of Lake Johanna. 7. The proposed structure is located 25.2 feet within the OHWL setback from Lake Johanna which is 50 feet. 8. The proposed storage structure would be located outside the Shore Impact Zone of Lake Johanna. 9. One (1) storage shed is permitted with the OHWL setback requirement of Lake Johanna as long as it does not exceed 64 square feet in size and eight (8) feet in height and is not within the Shore Impact Zone. 10. The proposed structure exceeds the height at nine (9) feet five (5) inches tall and exceeds the area dimension at 93.5 square feet. 11. The proposed structure would otherwise conform to all other requirements and standards of the R-1 district. 12. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. Additional Review Residential Building Inspector The Residential Building Inspector has reviewed the plans and has no additional comments at this time. A Zoning Permit will be required prior to construction. Engineering Staff Engineering Staff reviewed the proposal and has no additional comments at this time. Rice Creek Watershed District The Rice Creek Watershed District has reviewed the proposed project and determined that no permit will be required. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 9 of 10 Minnesota Department of Natural Resources The DNR has reviewed the plans and has no additional comments on this time as the City of Arden Hills is the permitting agency. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans, as amended by the conditions below: 1. A Zoning Permit for an accessory structure shall be issued prior to commencement of construction. 2. The exterior materials of the proposed addition shall be consistent or complementary in color, texture and quality with those visible on the existing structure. 3. The Applicant shall add landscaped screening to assist in screening the structure from adjacent properties. Planning staff shall review and approve the screening plan prior to the issuance of Zoning Permit.. 4. The proposed accessory structure shall conform to all other standards and regulations in the City Code. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 20- 017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted materials. 3. Recommend Denial: Motion to recommend denial of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 20-017 for a Variance at 3493 Siems Court: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow a public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Public Comments City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 10 of 10 Staff have received one (1) comment regarding this variance request. The resident stated that they did not object to the request. Deadline for Agency Actions The City of Arden Hills extended the deadline for application processing for an additional 60 days on November 23rd ending on January 24, 2021 unless voluntary extensions are made. The Applicant has submitted revised plans on November 18, 2020 and staff received a completed application on November 30th. With consent of the Applicant, the City may extend the review period beyond the initial 120 days. Attachments A. Land Use Application B. Location Map C. Setback Illustration D. Re-submitted Plans E. Variance Request Letter Approved: -DQXDU\ CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, DECEMBER 9, 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. Due to the COVID-19 pandemic this meeting was held virtually. ROLL CALL Present were: Chair Nick Gehrig, Commissioners Marcie Jefferys, Steven Jones, James Lambeth, Subbaya Subramanian, Paul Vijums, Kurtis Weber (Alternate), and Jonathan Wicklund. Absent: Commissioner Clayton Zimmerman. Also present were: Community Development Manager Mike Mrosla, Associate Planner Joe Hartmann, and Councilmember Steve Scott. APPROVAL OF AGENDA – DECEMBER 9, 2020 Chair Gehrig stated the agenda will stand as published. APPROVAL OF MINUTES October 7, 2020 – Planning Commission Regular Meeting Commissioner Lambeth moved, seconded by Commissioner Subramanian, to approve the October 7, 2020, Planning Commission Regular Meeting as presented. A roll call vote was taken. The motion carried 6-0-1 (Commissioner Jefferys abstained). PLANNING CASES A. Planning Case 20-021; 2 Pine Tree Drive; Conditional Use Permit Release Request – Public Hearing Community Development Manager/City Planner Mrosla stated in 2013 Bethel University acquired the Country Financial facility at 2 Pine Tree Drive. The property consisted of three (3) parcels that total approximately 43 acres. The subject property is located within the B-2 General $WWDFKPHQW( ARDEN HILLS PLANNING COMMISSION – December 9, 2020 2 Business District, where higher educational uses are permitted by Conditional Use Permit. At its November 25, 2013 meeting, the City Council approved a CUP for Bethel University to use the existing facility as higher education. Community Development Manager/City Planner Mrosla reported Bethel University has recently received approvals to subdivide the existing property at 2 Pine Tree Drive into three (3) lots of record. One (1) lot of record is the existing building and parking lot, and two (2) new lots on the north side of the property. Lake Johanna Fire Department has purchased Lot 2 for a future fire station. The attorney for Lake Johanna Fire Department has requested to clear title. The effect of the releases are to free the new parcel from CUPs and easements that remain applicable only to the parcel Bethel is retaining. This same process will need to occur for Lot 1, Block 1 and will be completed during the approval process for New Perspective Senior Living Planning Case 20-022. Community Development Manager/City Planner Mrosla commented further on the request and recommended approval of the release to the Conditional Use Permit from Lot 2, Block 1 of 2 Pine Tree Drive North. Community Development Manager/City Planner Mrosla reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval 2. Recommend Denial 3. Table Chair Gehrig opened the floor to Commissioner comments. Commissioner Lambeth asked if the Lake Johanna Fire Department has closed on this property. Community Development Manager/City Planner Mrosla reported the Lake Johanna Fire Department has closed on the property and this was a housekeeping matter. Commissioner Subramanian questioned if the future senior development has been taken into consideration by the fire department. Community Development Manager/City Planner Mrosla stated the fire department has been actively reviewing the development proposed for Lot 1. Commissioner Jefferys inquired if the City would be seeing more requests related to the fire department. Community Development Manager/City Planner Mrosla commented the fire department has secured the land and would be working to construct a new fire station in the coming years. He reported neighborhood meetings would have to be held prior to this project moving forward. Chair Gehrig opened the public hearing at 6:43 p.m. Chair Gehrig invited anyone for or against the application to come forward and make comment. ARDEN HILLS PLANNING COMMISSION – December 9, 2020 3 There being no comment Chair Gehrig closed the public hearing at 6:43 p.m. Chair Gehrig moved and Commissioner Lambeth seconded a motion to recommend approval of Planning Case 20-021 to release the Conditional Use Permit from Lot 2, Block 1 of 2 Pine Tree Drive North. A roll call vote was taken. The motion carried unanimously (7-0). B. Planning Case 20-017; 3493 Siems Court Variance Request – Public Hearing Required Associate Planner Hartmann stated Kye Samuelson (“Applicant”) has submitted a land use application for a variance to construct an accessory structure at 3493 Siems Court (“Subject Property”). The Applicant is requesting a variance for flexibility with a proposed accessory structure’s height and size within the Ordinary High Water Level (OHWL) setback. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District, and is guided as Low Density Residential on the Land Use Plan. Associate Planner Hartmann commented at the October 7th Planning Commission meeting the Applicant requested a variance to build a 120 square foot accessory storage structure that encroached 18 inches into the Shore Impact Zone of Lake Johanna. The proposed accessory structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The Planning Commission voted to table that request to allow the Applicant to submit revised plans that would better conform to the provisions of the Shoreland Ordinance. Associate Planner Hartmann reported the Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. However, the proposed structure still requires a variance due to the proposed height and area that exceeds current ordinance standards. The Applicant proposes adding new conditions of approval to the request that would set performance standards for the structure and recognizes that this would set a precedent for future structures located near the shore to follow. Associate Planner Hartmann stated for example, the Applicant proposing the use of language such as calling the overall structure a ‘floating shed’ that would require future residents to meet certain conditions unique to this specific scenario. On the Subject Property, the Applicant notes that the site features 100% drainage and runoff beneath the existing structure, with runoff uninhibited by any foundation or any non-natural elements, which could be a condition of approval for future applications. They also request an optional requirement for the addition and maintenance of vegetation around the future structure for environmental and aesthetic purposes. Associate Planner Hartmann explained the Planning Commission is being asked to determine if a variance request for flexibility with the Shoreland Management District setback requirements should be approved for the new proposed accessory structure. This structure requires flexibility from the restrictions for City Code within Shoreland Management Districts. The evaluation of the proposal should be based on the provisions within the Zoning Code and the Requirements for a Variance in Section 1355.04, Subd. 4 and the Continuation of Nonconforming Uses in Section ARDEN HILLS PLANNING COMMISSION – December 9, 2020 4 1350.02. A revised application should be reviewed in the same manner as required for a new application. Any structural alteration or changes to the original plan require that all procedures shall apply as if a new application were being requested. Associate Planner Hartmann reviewed the surrounding area, the Plan Evaluation and provided the Findings of Fact for review: 1. City Staff received a land use application for a request to build an accessory structure for storage at the Subject Property 3493 Siems Court. 2. Storage of personal items is a permitted use for an accessory structure in the R-1 Single Family Residential District. 3. The Subject Property has a steep downward slope in the rear yard that prevents the Applicant from building on much of the site. 4. The Subject Property meets the minimum lot size, width, and length requirements for the R-1 District. 5. The Applicant is requesting flexibility with the maximum height and size restrictions for an accessory storage shed located within the Ordinary High Water Level (OHWL) setback requirement for Lake Johanna. 6. The rear yard setback requirement for a proposed accessory structure is determined by the OWHL of Lake Johanna. 7. The proposed structure is located 25.2 feet within the OHWL setback from Lake Johanna which is 50 feet. 8. The proposed storage structure would be located outside the Shore Impact Zone of Lake Johanna. 9. One (1) storage shed is permitted with the OHWL setback requirement of Lake Johanna as long as it does not exceed 64 square feet in size and eight (8) feet in height and is not within the Shore Impact Zone. 10. The proposed structure exceeds the height at nine (9) feet five (5) inches tall and exceeds the area dimension at 93.5 square feet. 11. The proposed structure would otherwise conform to all other requirements and standards of the R-1 district. 12. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. Associate Planner Hartmann stated staff recommends approval of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans, as amended by the conditions below: 1. A Zoning Permit for an accessory structure shall be issued prior to commencement of construction. 2. The exterior materials of the proposed addition shall be consistent or complementary in color, texture and quality with those visible on the existing structure. 3. The Applicant shall add landscaped screening to assist in screening the structure from adjacent properties. Planning staff shall review and approve the screening plan prior to the issuance of Zoning Permit. 4. The proposed accessory structure shall conform to all other standards and regulations in the City Code. ARDEN HILLS PLANNING COMMISSION – December 9, 2020 5 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 stated this item was tabled due to the encroachment on the impact zone. He asked if this matter has been addressed. Associate Planner Hartmann reported this was the case. Kye Samuelson, the applicant, explained the size of the shed has been reduced from 120 square feet to 93.5 square feet. He indicated the shed would be used to store lake equipment. He commented further on how the shed would be placed on the property. Commissioner Lambeth questioned if shrubs would be planted around the shed. Mr. Samuelson reported he plans to plant shrubs around the shed whether or not the City makes this a condition for approval. Commissioner Subramanian indicated he would like the landscaping and screening be made a requirement for the permit. Community Development Manager/City Planner Mrosla stated Condition 3 addresses this concern. Commissioner Subramanian asked if the shed would still have a green roof. Mr. Samuelson reported the redesign of the shed would not allow for a green roof, but noted the building would be screened with landscaping and would have natural vines planted to assist with screening the shed. Commissioner Vijums commented on how lake life has changed since the time City Code was drafted noting there was a lot of additional equipment that needed to be stored and code has not adopted to these changes. He feared that once a variance was passed, the City would receive numerous requests for lakeshore sheds. He supported the City changing its code versus reviewing numerous variance requests in the future. He believed that the shed request before the Commission was still too large and for that reason would not be offering his support. Commissioner Weber thanked the applicant for making concessions, but noted he agreed with Commission Vijums that approving this request would lead to additional shed requests on lakes. He recommended the City review the code. ARDEN HILLS PLANNING COMMISSION – December 9, 2020 6 Commissioner Wicklund commented on variance requirements and the criteria to meet a variance. He stated the reasonable use requirements have been met by the applicant, along with the character of the neighborhood. He discussed the significant sloping that occurs on the applicant’s lot and how this was a unique circumstance. He reported if this variance were to pass it would be a great example of City staff and the Planning Commission working with the applicant given the fact City Code may be outdated. He noted the City Council would make the final determination regarding this request. Commissioner Jefferys asked if there were other storage sheds on the lake that were larger than 64 square feet. Associate Planner Hartmann stated if the variance were approved, this would be the largest shed on the lake. Community Development Manager/City Planner Mrosla reported there were other larger accessory structures that were nonconforming. He noted these were permitted without current staff’s knowledge. Chair Gehrig opened the public hearing at 7:14 p.m. Chair Gehrig invited anyone for or against the application to come forward and make comment. Steve Nelson, 3475 Siems Court, indicated he did not have a problem with the proposed size of the shed. He questioned if this were approved, if he would then be allowed to build a shed that would fit his 16 foot canoe. He indicated he would love to build a boathouse, but understood this was not allowed. He anticipated approval of this request would have a trickledown effect. He reported everyone on the lake has items that need to be stored and this should be taken into consideration by the City. He did not want the natural beauty of the lake taken away by having numerous buildings and sheds on the lakeshore. Terry Pernsteiner contractor for the applicant, commented on the larger structures located on the lake, one being a two-story air conditioned boathouse. Mr. Samuelson thanked the City for working with him on this variance request. He stated he has learned a lot through this process. He explained he appreciated all of the comments he has received from the City, the Planning Commission and his neighbors. He indicated he did not want to create a problematic precedent, but rather was trying to describe the unique characteristics of his lot. There being no comment Chair Gehrig closed the public hearing at 7:23 p.m. Commissioner Jones stated the Planning Commission was not a rule making body. He reported the applicant came to the Commission in October and the request was tabled. He believed the request before the Commission was reasonable. He supported this request being forwarded to the City Council noting the Council will take into consideration additional requests may be made in the future if this item were approved. He encouraged the City Council to review City Code regarding the size of sheds and accessory structures for lakeshore properties. ARDEN HILLS PLANNING COMMISSION – December 9, 2020 7 Commissioner Wicklund asked for a brief description on what would have to be done to update City Code. Community Development Manager/City Planner Mrosla explained this would require a Zoning Ordinance Amendment, which would require public hearings, neighborhood meeting, Planning Commission review and City Council approval. Commissioner Wicklund stated for the record residents were concerned about the precedent that would be set if this variance were approved. He discussed how lake activities have changed over the years and how there may be a need to address City Code because of this. He commented because of the unique slope of the property he would be supporting the requested variance for Mr. Samuelson moving onto the City Council. Commissioner Jefferys stated she appreciated this discussion and how hard the applicant has worked to address the concerns that have been raised. She explained she believed the lake was a resource for a lot of people and for this reason, the bar has to be set higher in order for a variance to be approved. She commented on the practical difficulty standards and indicated she did not believe the applicant has a proven practical difficulty. She was of the opinion the proposed shed would change the character of the neighborhood. For this reason, she would not be supporting the variance request. Commissioner Lambeth moved and Commissioner Jones seconded a motion to recommend approval of Planning Case 20-017 for a Variance at 3493 Siems Court based on the findings of fact and the submitted plans, as amended by the four (4) conditions in the December 9, 2020, report to the Planning Commission. A roll call vote was taken. The motion carried 4- 3 (Commissioners Jefferys, Subramanian, and Vijums opposed). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Scott provided the Commission with an update from the City Council. He discussed the results of the recent election and noted Minnesota had a 79.956% voter turnout, which was the highest in the nation. He reported Communications Coordinator Gretchen Nedham joined the City last month. He stated the Council was working to finalize the 2021 budget and noted the Truth In Taxation Hearing would be held on Monday, December 14, 2020. He reported the Council was considering chicken keeping in the City of Arden Hills. He thanked the Commissioners for their service to the community and wished everyone Happy Holidays. B. Planning Commission Comments and Requests Chair Gehrig reported he would be stepping down from the Planning Commission after January 2021. He thanked the City for the opportunity to serve the community. ARDEN HILLS PLANNING COMMISSION – December 9, 2020 8 Commissioner Vijums thanked the City for recycling Christmas lights again this year. He asked for an update on TCAAP. Councilmember Scott reported he had no update for the Commission at this time. Commissioner Weber thanked Chair Gehrig for his service to the community on the Planning Commission. Commissioner Wicklund thanked Chair Gehrig for his efforts. He also thanked Councilmember Scott for communicating with the City Council on behalf of the Planning Commission. C. Staff Comments Community Development Manager/City Planner Mrosla thanked the Commission for all of their efforts over the past year. Commissioner Wicklund asked what process would be followed for the appointment of a new Planning Commission Chair. Community Development Manager/City Planner Mrosla described the appointment process noting the Mayor had the authority. ADJOURN Commissioner Jones moved, seconded by Commissioner Lambeth, to adjourn the December 9, 2020, Planning Commission Meeting at 7:47 p.m. A roll call vote was taken. The motion carried unanimously (7-0). Page 1 of 3 AGENDA ITEM – 1A MEMORANDUM DATE: February 16, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Mike Mrosla, Community Development Manager/City Planner SUBJECT: Accessory Structure Size within the Ordinary High Water Level Setback Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Council may consider the permitted size of accessory structures with Ordinary High Water Level (OHWL) setback and if changes are necessary Background At its January 11, 2021 meeting the City Council reviewed Planning Case 20-017. The Applicant was requesting a variance for a larger than ordinance permitted accessory structure located within the Ordinary High Water Level (OHWL) setback of Lake Johanna. The rationale provided by the applicant for the variance was that the structure would be used for the storage of modern day recreational water equipment and the hardship was due to the rear yard topography. The City Council voted unanimously to table this planning case to allow them to review the existing OHWL accessory structure size standards. City Code Section 1330.03 Subd. 5, E states that lakeshore lots are permitted one (1) accessory storage shed within the required structure setback from the OHWL, provided that it is not located within the Shore Impact Zone. The Shore Impact Zone is the land located between the OHWL and a line parallel to it at a setback of 50 percent of the structure setback. The structure setback standards vary depending on the lake classification as established by Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Ramsey County. The table below breakdown the setback standards for accessible Arden Hills lakes. Attachment F Page 2 of 3 Lake OHWL Lake Classification Structure Setback Shore Impact Zone Width Lake Johanna 878 ft. General 50 ft. 25 ft. Little Johanna NA Recreational 75 ft. 35ft. Lake Josephine 884.4 ft. General 50 ft. 25 ft. Karth Lake 934.95 ft. General 50 ft. 25 ft. City Code Section 1330.03 Subd. 5, E also states that accessory structures within the OHWL shall not exceed sixty-four (64) square feet in size or eight (8) feet by eight (8) feet and eight (8) feet in height measured to the highest point of the structure; and is not used for human habitation and does not contain a water supply or sewage treatment facilities. It worth noting that no more than two (2) accessory structures shall be permitted on a lot primarily used for residential uses and the structures shall not exceed seven hundred and twenty- eight (728) square feet in floor area. The accessory structures shall not occupy more than 25 percent of the rear yard. The exterior finish of accessory structures shall be compatible in appearance and material used with the principal structure. Discussion Staff is looking for Council direction on the following items. 1. Does Council support increasing the size of the accessory structures located within the OHWL? Yes/No 2. If Council supports increasing the size of the accessory structures what should the maximum floor area be? Page 3 of 3 3. Should the maximum height be increased from eight (8) feet? The DNR model ordinance has a maximum height of ten (10) feet. 4. Current ordinance language is silent on the matter of screening accessory structures within the OHWL. Should screening language be added? Yes/No a. If yes, should the language address screening from view from the lake and from adjoining properties? Yes/No b. Should the screening be landscaping plus the use of natural color(s) on the structure? Yes/No Next Steps Staff will incorporate the feedback provided by Council into the draft language. Staff will bring forward draft language to review at an upcoming work session. Budget Impact N/A Attachments 1. Community Ordinance Review $WWDFKPHQW* Page 1 of 3 AGENDA ITEM – 1D MEMORANDUM DATE: April 19, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, Interim Public Works Director SUBJECT: 2021 Public Works In-House Paving Project Budgeted Amount: Actual Amount: Funding Source: $160,000 $91,355.00 Street Maintenance Fund, Surface Water Mgmt Fund Council Should Consider Council should consider direction regarding future pavement resurfacing overlay work conducted by in-house staff within the Public Works Department. Background The Public Works Department is prepared to continue in-house paving work if directed by the Council. In 2019, Public Works paved Oak Avenue and in 2020 they paved Norma Ave, Dawn Circle, Eide Circle, and Indian Oaks Circle. Two Public Works employees recently completed a week-long training course for paving operations and the current staff has sufficient experience operating paving equipment to continue smaller street overlay projects. Discussion Staff reviewed pavement condition ratings of the city street system and identified potential resurfacing projects if the Council wishes to continue providing overlays by the Public Works Department. A map depicting potential project areas is provided in Attachment A along with the current pavement condition rating of each proposed segment. Page 2 of 3 At the July Work Session in 2020, Council was presented a similar map which included Waldon Place, Hunters Court and Fairview Avenue. These segments are presented again with the addition of Pascal Avenue and Karth Lake Circle. Staff has used current condition ratings from our pavement software data to assist with the preliminary choice of segments and then visited each street to inspect in-person. Upon inspection, Waldon Place and Hunters Court are in fairly good shape, relatively, and is recommended these are not chosen for this year’s project but rather be part of a project with the repaving of Benton Way. Fairview Avenue is presented as this year’s best candidate for the Public Works In-House Paving project. It is the last segment in that neighborhood to be repaved after the 2015 PMP, and sets up the repaving of Lake Valentine Road in the future after the Mounds View High School additions are complete. Staff has inspected curb and gutter, sanitary, water and storm utilities along Fairview Ave to prepare for additional work which has been added into the cost estimate shown in the Budget Impact section. Karth Lake Circle has a condition rating of 35 and is of similar size to Fairview Avenue making it a good candidate for Public Works operational capacity. The pavement surface has been inspected and is showing greater signs of deterioration which indicates more substantial rehabilitation, such as, full-depth reclamation may be more appropriate but a mill and overlay would certainly prolong the useful life of the pavement section. Pascal Avenue has a condition rating of 53. This segment was added because the condition rating is within the window of rehabilitating the street with a mill and overlay type paving. Pascal Ave is not included in the proposed Arden Oaks Street Improvement project or the proposed Snelling Avenue and County RD E Improvements project. Upon inspection of this segment, the pavement is showing signs of delamination of the seal coat that was placed in 2012, but the pavement section itself appears structurally sound making it a good candidate for this project. Anticipated schedule for this project is to begin the week of June 14th. Given Council direction to proceed with a street segment, this project would go to a Regular Council Meeting for authorization in May. After authorization, staff will then send notices to the residents within the project corridor with information of the upcoming work. As a reminder, the upcoming automated pavement condition rating survey is scheduled for early May, final results from the survey will possibly be received by the end of May or early June. City staff will review results and present along with a proposed street improvement work plan at the July or August work session. Page 3 of 3 Budget Impact 2020 Costs: Storm Structure Repairs $ 15,249.00 Curb and Gutter Repairs $ 14,800.00 Milling $ 6,125.00 Bituminous $ 72,277.95 Equipment $ 26,581.13 Total: $135,033.08 General Fund $ 104,984.08 Surface Water Mgmt Fund $ 30,049.00 Cost estimates for the project area include the cost for bituminous pavement material at the approximate current prices of $70 per ton, contracted milling of pavement surfaces, and contracted trucking to supplement the City’s single axel trucks. Estimated costs do not include internal labor and equipment such as staff time, fuel, traffic control and city vehicle usage. The 2021 Street Maintenance Fund budget includes $250,000 for sealcoating and resurfacing work. The 2021 Street Maintenance contract for sealcoating and crack sealing work was awarded in March 2021 in the amount of approximately $90,000, leaving $160,000 for material, equipment rental, and trucking for the In-House resurfacing overlay work in 2021. Attachments Attachment A: Potential Resurfacing Projects and Condition Ratings 2021 Estimated Costs (Fairview): Storm Structure Repairs $ 1,500.00 Curb and Gutter Repairs $ 8,100.00 Milling $ 6,700.00 Bituminous $ 38,750.00 Equipment $ 28,000.00 Total: $ 83,050.00 10% contingency $ 91,355.00 General Fund $ 80,795.00 Surface Water Fund $ 10,560.00 L A K E V A L E N T I N E R D RED FOX RD GREY FOX RD AMBLE DRSIEMS CTSNELLING AVE NCOLLEEN AVE TILLER LN VENUS AVE ARDEN VIEW DR GLENARDEN RDCHATHAM AVE AMBLE RD BLE RD GRAMSIE RD ARDEN PL NT RD OAK AVE DUNLAP ST NHARRIET AVE FLORAL DR W GLENV IEW AVE KARTH LAKE DR WYNC REST F ORE ST L N CUMMINGS PARK DR ROYAL LN PINE TREE DRFAIRVIEW AVE NRIDGEWOOD RDCRYSTAL AVE PLEASANT DRARDEN OA KS DR V A L E N T I N E A V E BENTON WAYINDIAN OAKS TRL SKILESLNBRIA RLAMETTI LN MCCR A C KE N LN KEITHSON DRNURSERY HILL LN DAWN CIR W JAMES AVEJANET CT CANNONNORMA AVEA R DENVIEWCTRO Y GL ENARDENCTRIDGEWOOD CTKARTH LAKE C IR GALE CIRMCCLUNG DR WYNCREST LNPARKSHORE DR EIDE CIR NORTH-WOODS DRNURSERY HILL CT CVALENTINE CTC OLLE EN C T G L E N VIE W C T HU N T E R S CTPASCAL AVE NCONNELL Y AVE AMBLE CIRCHATHAM CTCOLLEEN CIRROLLING HILLS RDARDEN OAKS CTNORMA CIRIND IAN PLNORMAAVETILLER LNSNELLING AVE NPST NARDENP L SKIL E S L N FAIRVIEW AVE NHAMLINE AVE NWY N R I D GE PLEASANT CIR ARDEN INDIAN OAKS CT JAMES CIRDELLVIEW AVEDELLVIEW AVEDELLWOOD STVALENTINE CREST RD BRUEBERR Y LN BRIARKNOLL CIR DELLWOOD AVETTI WALDEN PLWEDGEWOOD CIR INDIAN OAKS CIR C H A T H A M CIR L A K E J O H A N N A B LV DFAIRVIEW AVE NSNELLING AVE NLAKE LN AD E W LAKEJOH A N N A BLVD D C O U N TY R O A D E2 WLAKEVIEWCT CH A T H AM A V E SIEMS CTARDEN PL GLE N ARDENRDOLD SNELLING ARDEN OAKS DRSNELLING AVE NBETHEL DROLD HIGHWAY 10OLD SNELLINGVENUS AVE E RD O L D H I G HW A Y 1 0 LA K E S H O R E PL INTERSTATE 694 INTERSTATE 694 H I G HW A Y 1 0 TY ROAD 96 W COUNTY ROAD 96 W KNOL L DR VISTA CTDAWN CIR E C OLLEEN A V E ARDENVIEWDR COUNTY ROAD F W INNOVATION WAY (Private)FERNWOOD STPLEASANT DR A M B L E D R COUNTY ROAD 96 W LEXINGTON AVE NLEXINGTON AVE ND R CT BOSTON SCIENTIFIC DR (Private)BETHEL DRBE T H E L D R COUNTY ROAD E W BENTON WAYAVE COUNTY ROAD E HAMLINE AVE NHAMLINE AVE NPrivateKEITHSON DR AL HILLS DRTony Schmidt Regional Park Crepeau Nature Preserve Freeway Park Tony Schmidt Regional Park n Lindey's Park es ark Valentine Park Floral Park Royal Hills Park Cummings Park Arden Oaks Park Community Gardens Lake Johanna Valentine Lake Round Lake Karth LakeProposed Overlay Projects 01,000 Feet Ü Document Path: P:\PR&PW\Engineering\Infrastructure Condition\Streets\Overlays\Overlay Proposed Projects.mxdStreet Section Current PCI Fairview Ave 47 Pascal Ave 53 Karth Lake Circle 35 Walden Place 58 Hunters Court 59 Attachment A Page 1 of 1 AGENDA ITEM – 1E MEMORANDUM DATE: April 19, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Clean-up Day Discussion Budgeted Amount: Actual Amount: Funding Source: $21,000 costs $ 8,180 receipts $12,820 net cost to City N/A Recycling Fund For Council Consideration Council may provide further direction on a future Clean-up Day. Background Staff will be seeking how, and if, Council wants to move forward with a Clean-up Day in 2021 or in future years. The Clean-up Day effort was being led by the previous City Planner who has since left the City, a previous memo on Clean-up Day is attached for Council’s reference. Council’s direction at the time was to postpone a Clean-up Day as it was not clear how COVID- 19 would impact the event. The discussion this evening is meant to be very preliminary, but Staff is seeking direction on whether or not Council would like to consider an event in the fall of 2021. If Council wants Staff to move forward, more information will be brought forward to Council for future discussion. However, given staffing resources and previous options presented by Planning Staff, Staff would likely recommend utilizing Green Lights Recycling in Blaine, similar to the cities of Blaine, Anoka, Fridley and Spring Lake Park. Staff will give an update on recycling duties as a whole. Budget Impact The City currently has $21,000 budgeted for a Clean-up Day event which is offset by $8,180 budgeted for receipts collected during the event for a net cost of $12,820 to the City. Any future event may impact the budget depending on if it is more or less than the budgeted amount. Attachment Attachment A: June 8, 2020 Memo on Clean-up Day Page 1 of 2 AGENDA ITEM – 1C MEMORANDUM DATE: June 8, 2020 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Mike Mrosla, Community Development Manager/City Planner SUBJECT: Recycling Contract and Cleanup Day Discussion Budgeted Amount: Actual Amount: Funding Source: $21,000.00 N/A Recycling Fund Council shall consider The City Council shall consider hosting a cleanup day or alternative event in 2020. Cleanup Day Background At its January 21, 2020 meeting, the City Council discussed hosting a citywide recycling event. At that time, Council directed staff to continue researching options including neighborhood- specific dumpsters. Following the meeting, staff contacted Republic Services to see if they would consider neighborhood dumpster drop-offs. Republic had following concerns including but not limited to the following items: 1. Lack of site supervision. Without supervision, it is impossible to control who is dumping and what is placed in the dumpster. 2. Public safety and nuisance concerns. 3. City would be liable for the dumpster and waste disposal costs, including contamination- processing costs. 4. Hazardous waste contamination. Contamination of the dumpster is when something added to the dumpster cannot be disposed of with the rest of the contents. This increases disposal costs. Possible contaminants are: televisions, needles, automobile fluids, cleaning products, explosives like fireworks, car batteries, etc. 5. No recycling or reuse. All materials placed in the dumpster would be sent to the landfill. Due to the number of concerns, Republic Service said they would not participate or recommend proceeding with the program. City Attorney Joel Jamnik shares the same concerns as Republic. Attachment A Page 2 of 2 Cleanup Day Discussion: Staff offers the following alternatives to cleanup day. 1. Paper Shred-It Event – An event where residents can bring paper to be shredded and recycled by the company Shred-N-Go Inc. They priced this kind of event at $1,500.00 for five (5) hours for the City of Golden Valley. Generally cities limit the number of box residents can bring to recycle to cut down on wait times. This event could be hosted at City Hall in the parking lot. 2. Electronics Recycling Event – An event where residents can bring only electronics items to be recycled by an electronics recycler such as JR Disposal, or Tech Dump. Residents would be charged a fee depending on the electronic item. This would be simpler than a full cleanup day and still provide electronics recycling for residents. This event could be hosted at City Hall. 3. Recycling Drop-off Days – The City could coordinate with Green Lights Recycling in Blaine to have cleanup day style drop-offs at their facility. Residents would bring their materials to the recycler directly for a fee depending on the material. Green Lights Recycling would manage and operate the event. They currently host events for several cities at their facility. These cities include: Blaine, Anoka, Ham Lake, Fridley, Centreville, Lexington, and Spring Lake Park. Additional information is included in attachment A. Next Steps: If Council selects option above, staff will do a deep dive into hosting an event and present findings at a future workshop session. Budget Impact: The city currently has $21,000.00 budgeted for cleanup day in 2020. Attachments: A. Green Lights Recycling Information Page 1 of 2 Green Lights Recycling is a Minnesota-based recycling company which adheres to the highest regulatory standards in the nation. Since 1995 they have maintained a track record for responsible recycling and have kept over 99 million pounds of waste out of landfills. They currently work with several cities to run recycling drop-off days at their facility. These cities include: Blaine, Anoka, Ham Lake, Fridley, Centreville, Lexington, and Spring Lake Park. Green Lights Recycling, Inc. would be accepting fluorescent lamps, batteries, electronics, appliances, mattresses, tires, scrap metal, hard drives for shredding, carpet, furniture, and paper for shredding. This kind of drop-off event is fully coordinated by Green Lights Recycling and no city staff would have to be on site. Resident wait times at these drop-off events are usually brief (less than 20 minutes). The base price to the City would be about $2,575 for labor and the shredding truck. A fee would be charged to the residents per item unless Arden Hills provides coupons. Some don’t offer any subsidies and others provide 2-4 items free to incentivize participation. Green Lights Recycling is located at 10040 Davenport St NE in the City of Blaine and is a 10- minute drive from City Hall. Attachment A Page 2 of 2 Coupon from the City of Ham Lake in their newsletter: Centerville2019 Saturday Recycling EventsRedeem coupons to recycle two FREE items!Rede9SatentervitvilleRecycling ycle two FREE iQuestions? Contact Centerville City Hall at 651-429-3232.RECYCLE2 items for FREEJanuary 12, 20199 a.m. – 12 p.m.Green Lights RecyclingCentervilleRECYCLE2 items for FREEFebruary 9, 20199 a.m. – 12 p.m.Green Lights RecyclingCentervilleRECYCLE2 items for FREEMarch 9, 20199 a.m. – 12 p.m.Green Lights RecyclingCentervilleRECYCLE2 items for FREEApril 13, 20199 a.m. – 12 p.m.Green Lights RecyclingCentervilleRECYCLE2 items for FREEMay 11, 20199 a.m. – 12 p.m.Green Lights RecyclingCentervilleRECYCLE2 items for FREEJune 8, 20199 a.m. – 12 p.m.Green Lights RecyclingCentervilleRECYCLE2 items for FREEJuly 13, 20199 a.m. – 12 p.m.Green Lights RecyclingCentervilleRECYCLE2 items for FREEAugust 10, 20199 a.m. – 12 p.m.Green Lights RecyclingCentervilleRECYCLE2 items for FREESeptember 14, 20199 a.m. – 12 p.m.Green Lights RecyclingCentervilleRECYCLE2 items for FREEOctober 12, 20199 a.m. – 12 p.m.Green Lights RecyclingCentervilleRECYCLE2 items for FREENovember 9, 20199 a.m. – 12 p.m.Green Lights RecyclingCentervilleRECYCLE2 items for FREEDecember 14, 20199 a.m. – 12 p.m.Green Lights RecyclingCentervilleUse these coupons to recycle two items for FREE at the monthly recycling day at Green Lights Recycling.Residents must present coupon to recycle two free items. One coupon per resident each month.Recycling Day Events at Green Lights Recycling in BlaineWhen: January 12 • February 9 • March 9 • April 13 • May 11 • June 8 • July 13 • August 10 • September 14 • October 12 • November 9 • December 14Where: Green Lights Recycling 10040 Davenport St NE, Blaine, MN Time: 9 a.m. – 12 p.m. Materials Accepted: • Appliances ($10 - 25 each) • Batteries: sealed lead acid, small household and rechargeable ($0 - $6/lb) • Carpet: no rubber back ($6/roll) • Electronics • Printers, scanners and fax machines ($10 - 35 each) • Hard drive shredding ($5 each) • TVs and monitors: all sizes ($18 - 75 each) • Small and medium items: mice, keyboards, DVD and VCR players, stereos, speakers, record players, coffee makers, toasters, toaster ovens, keyboards, vacuums, phones, small appliances and video game consoles ($0 - 5 each) • Fluorescent bulbs ($.50 - .95 each) • Holiday string lights, cables and extension cords (FREE) • Mattresses and box springs ($20 - 25 each) • Paper shredding: 2 box maximum (FREE) • Scrap metal: clean and all non-metal material removed (FREE) • Tires ($5 - 8 each) Prices have a range since they vary by the size and type of material. 1880 Main StCenterville, MN 55038Printed on recycled paper, minimum 30% post-consumer paper. Funded by the Anoka County Board of Commissioners & State SCORE funds(Select Committee on Recycling and the Environment).Single Sort Recycling Every other week on Friday.Service may be delayed on weeks with holidays. Questions:Waste Management (952) 890-1100Organics RecyclingCenterville2019 Recycling GuideRedeem coupons to recycle two FREE items!Curbside Recycling GuideRecycle Right Some recycling actions make a bigger impact than others. Remember these three rules the next time you recycle:1. Recycle all empty plastic bottles, cans, cartons, clean paper and cardboard boxes. See the list below for acceptable items.2. Remove food debris, liquid, plastic film and greasy or hazardous items from your recycling.3. Place recyclables directly in your cart. Do not bag them. Return plastic bags to a local grocer or retailer. Go to AnokaCounty.us/recycle for options.It’s amazing how big of an impact following these simple rules can have! There are more and more non- recyclables going to recycling sorting facilities, and every single one of them must be removed by hand or mechanically sorted. These unwanted materials contaminate valuable recyclables. Non-recyclable items placed in recycling containers end up in the garbage, which increases the cost of the recycling process. Don’t ‘wishcycle’ or just hope something can be recycled. When in doubt, throw it out. Plastic Bottles & Jugs(empty, rinse, caps on)• Water, soda & juice bottles• Milk & juice jugs• Ketchup & salad dressing bottles • Dish soap bottles & detergent jugs• Shampoo, soap & lotion bottlesPlastic Cups & Containers(empty, rinse, caps on)• Yogurt, pudding & fruit cups• Clear disposable cups (no straws)• Margarine, cottage cheese & similar containers• Clear produce, deli & take out containersCartons(empty & rinse)• Milk cartons• Juice cartons• Juice boxes • Soup, broth & wine cartonsMetal(empty, rinse, labels OK)• Food cans• Beverage cansPaper(clean, staples OK)• Mail, office & school papers• Magazines & catalogs• Newspapers & inserts• Phone booksBoxes(flatten)• Cardboard• Cereal, cracker & pasta boxes• Shoe, gift & electronic boxes• Toothpaste & other toiletry boxes• Tissue boxesGlass(empty, labels OK, caps off)• Food & beverage bottles & jarsTake your recycling to the next level! Once you are recycling all you can, you can reduce your trash further by signing up for the Anoka County Organics Drop-off Program. You simply collect food scraps, such as meat, dairy, fruit and vegetable peelings, soiled paper towels and tissues in a compostable bag (provided free when you sign up) and bring your organics to one of the county compost sites listed below:Go to: AnokaCounty.us/organics for details and to sign up in this FREE Program!Drop off locations include:Bunker Hills Compost Site Rice Creek Compost Site13285 Hanson Blvd NW 7701 Main StCoon Rapids, MN 55448 Lino Lakes, MN 55038Winter hours: December – March Saturday 9 a.m. to 1 p.m. The Presidential Nomination Primary is Tuesday, March 3, 2020. The polls will be open from 7:00 am - 8:00 pm. These are the Ham Lake voting locations. You can go to www.pollfinder.sos.state.mn.us to find your Precint: The presidential nominating primary is a process by which voters cast a ballot for their preferred presi- dential candidate of their preferred political party. The results of the presidential nominating primary may affect who appears on the ballot in November. This is a political party process and will be adminis- tered just like any other election, but is not to be confused as a traditional election. Only the major political parties are eligible to participate in this election. Each major political party will have a separate ballot with their list of candidates for the office of President. Parties may also choose to have an “uncommitted” and/or write-in option available. Sample ballots will be posted in early January on the Minnesota Secretary of State’s website. The process is similar to the traditional election and voting experience. You will locate your polling place, sign the roster or register to vote using approved documents. However, before the election judge gives you a ballot, you must indicate what major political party’s bal- lot you want to vote on. You will also sign a statement: “I am in general agreement with the principles of the party for whose candidate I intend to vote.” This is the only significant difference in the presidential nominating primary from a traditional election. To vote via Absentee Ballot, you can go to Ham Lake City Hall or Anoka County Elections during regular business hours, or complete an Absentee Ballot Application to receive the ballot through the mail. The Absentee voting period is from January 17 through March 2, 2020. To learn more about the Presidential Nomination Primary (PNP) visit: • Anoka County Elections & League of Women Voters • www.anokacounty.us/elections-voter-registration • www.lwvmn.org/picking-the-president-part1 Presidential Nomination Primary (PNP) City of Ham Lake 15544 Central Avenue NE Ham Lake, MN 55304 ECRWSS Postal Patron Ham Lake, MN 55304 PRSRT STD U.S. POSTAGE PAID ANOKA, MN 55303 PERMIT NO. 289 Published by the City of Ham Lake, Minnesota January 2020 • Volume 35, No. 1 Snowbowl 2020 • February 8 Put Saturday, February 8 on your calendar for Ham Lake’s annual Snowbowl at Ham Lake Park (153rd Avenue in Ham Lake). This is a family-friendly event to get you outside and celebrating some of winter’s best activities. Included in the 2020 event are: • Medallion Hunt—the first clue will be posted on hamlakeareacc.org/contests on Monday, February 3. A cash prize for the winner! • Fat Tire Bike Race—Four classes of racers will wind their way around Ham Lake Park in the 3rd annual fat tire race. • Snow Sculpting Contest—Three categories of sculptors will compete for cash prizes. • Snowmobile Races—Sponsored by the Kids Pro Ice Snowmobile Racing folks. • Broomball Tournament—Teams come from all over the Twin Cities and even neighboring states. Men’s, Women’s and Co-Rec categories. • Ice Fishing Contest—Run by Boy Scout Troop 522 in conjuction with the Snowbowl. Every fish caught will receive a ticket for the drawing. • Snowbowl Sculpture Breakthrough Contest— Guess the day and time the Snowbowl Sculpture will break through the ice on Ham Lake for cash. • Winter RUCK—presented by Ascension Fitness. • Kids Activities—Sliding hill, Gaga pit and more. Presented by Troop 509. • Vendors, food and beverages in a heated tent! For the details go to: hamlakeareacc.org/snowbowl. Snowbowl 2020’s Diamond Sponsors are the Ham Lake Area Chamber of Commerce, Blaine Festival and Twin Cities Gateway. Christmas Tree & Light Recycling Drop off your Christmas trees, holiday lights and extension cords for recycling at the north side of the City Hall parking lot. Please place holiday lights and cords in the green and blue collection container near the small garage. Clean your tree of decorations and place it at the north end of the City Hall parking lot. Trees will be accepted through January 5th. Precinct 1: Glen Cary Lutheran Church 15531 Central Ave NE Precinct 2: Ham Lake Senior Center 15544 Central Ave NE Precinct 3A: Oak Haven Church 1555 Constance Blvd NE Precinct 4A: Horizons Community Church 1503 157th Ave NE Precinct 5: Radisson Road Baptist Church 13627 Radisson Rd NE Precinct 6A: St. Paul’s Catholic Church 1740 Bunker Lake Blvd NE Ham Lake City Hall 15544 Central Ave NE Ham Lake MN 55304 763-434-9555 (Mon–Thurs: 7:00 am–4:30 pm) (Friday: 7:00 am–12:00 pm) (Saturday, February 29, 10:00 am–3:00 pm) Anoka County Elections 2100 3rd Ave Ste. W130 Anoka MN 55303 763-324-1300 Elections@co.anoka.mn.us (Mon–Fri 8:00 am–4:30 pm) (Saturday, February 29, 10:00 am–3:00 pm) Articles and photos that appear in The Ham Laker, together with other useful information about the City, can be found on the City’s website: www.ci.ham-lake.mn.us Ham Lake Contacts City Hall: 763-434-9555 To report emergencies after office hours please call 911. City Hall Hours: Mon-Thurs: 7:00-4:30 Friday: 7:00-noon Mike Van Kirk (Mayor) 763-434-6176 mvankirk@ci.ham-lake.mn.us Jim Doyle (Council) 612-850-1698 jdoyle@ci.ham-lake.mn.us Tom Johnson (Council) 763-434-8573 tjohnson@ci.ham-lake.mn.us Gary Kirkeide (Council) 763-434-9762 gkirkeide@ci.ham-lake.mn.us Brian Kirkham (Council) 612-978-2764 bkirkham@ci.ham-lake.mn.us February Issue Deadline: Wednesday, January 8 Please send all Ham Laker correspondence, ar- ticles and ideas to: City of Ham Lake 15544 Central Ave NE Ham Lake, MN 55304 Email: HamLaker@ci.ham-lake.mn.us For advertising information, please contact City Hall at: 763-434-9555 Editor: Sharon Brodin, Brodin Press LLC Printed on 20% post-recycled consumer waste paper Ham Lake City Council News Sheriff’s Report At its November 18 meeting, the City Council took the following actions: • Approved items on the Consent Agenda, including: - Ordinance No. 19-10 amending Article 10-430 regarding mailbox physical standards - Ordinance No. 19-11 amending Article 11-230 regarding the requirement of a permit for Fences and Hedges in residential zoning - Compensation Plan Adjustment for Administra- tive Assistant II, Nicole Wheeler - Court Services Amendment Renewal and Reso- lution No. 19-60 approving the continuation of the E-Charging Joint Powers Agreement • Approved the Certificate of Occupancy requested by Alex Peterson to operate 11th Hour Remarket- ing Solutions at 1305 159th Avenue NE subject to requirements. • Approved purchasing Employee Self-Serve (ESS) and Payroll Import and Accounts Receivable modules for the software system Incode 10. At its December 2 meeting, the City Council took the following actions: • Adopted Resolution No. 19-61: the 2020 Budget, Levy and Five Year Capital Improvement Plan. • Approved items on the Consent Agenda, including: - 2020 Residential Recycling Program - Converting Vacation Time to Paid Time Off (PTO) and paying out Sick Leave to the Post- Retirement Health Care Savings Plan - Amendments to the Employee Handbook - Resolution No. 19-62 requesting a grant from the Anoka County Housing and Redevelopment Authority (HRA) for the Voluntary Cost Sharing Agreement - Resolution No. 19-63 to appoint signers to the Trust Checking Account - Resolution No. 19-64 accepting a $2,000 donation from Blaine’s Blazin 4th • Approve Consent Agenda Item 4.9, Road Commit- tee Recommendations. • Approved scheduling a Public Hearing for Decem- ber 16, 2019 to consider the revocation of the Con- ditional Use Permit, issued on October 9, 2015 and amended on November 15, 2016 for Noel Foster, Foster Trucking, 1561 Bunker Lake Boulevard NE, due to non-compliance. Thefts & Damage to Property 11.09 35xx 168 Ave NE—Fake email from a school requesting money; no money loss 11.11 160xx Bataan St NE—Attempted Xcel Energy scam; no money loss 11.11 170xx Vickers St NE—Craigslist scam; tickets never received, $400 loss 11.12 152xx Central Ave NE—Dump trailer stolen from the property 11.13 133xx Pierce St NE—Computer help desk scam; $4,000 loss 11.23 156xx Yalta St NE—Unsecure vehicle; purse and cash were stolen 11.26 25xx Bunker Lake Blvd NE—Unsecured snow- blower and trailer stolen from the property 11.26 22xx Crosstown Blvd NE—Theft of an unsecured “hard top” from a convertible overnight 11.26 23xx 175 Lane NE—Theft of an unsecured bicycle at a bus stop 11.27 173xx Hwy 65 NE—Theft of a vehicle from business; keys in it but cut lock on secured fence 12.03 151xx Lever St NE—Fraud; Social Security scam, no financial loss 12.04 6xx 136 Ln NE—Vehicle window smashed; wallet stolen Burglaries 11.15 162xx Aberdeen St NE—business; front door glass smashed; cash stolen 11.21 4xx 168 Ave NE—attempted Social Security scam; no money loss or information given out Arrests/Incidents 11.09 166xx Mankato St NE—Trespassing, Disor- derly Conduct; a male entered a home without per- mission. Two males were located at a home next door. Both were uncooperative and were arrested. 11.09 168xx Hwy 65 NE—Warrant Arrest; deputies responded to the location in an attempt to locate a female with an active warrant. She was arrested. 11.09 175xx Hwy 65 NE—Warrant Arrest; deputies responded to the location in an attempt to locate a male with an active warrant. He was arrested. 11.21 Hwy 65 NE/181 Ave NE—DWI; single vehicle personal injury crash at the location. The male driver appeared intoxicated. Field sobriety was unable to be performed due to his level of consciousness. Legal blood was taken. The male was released to medical staff but will be charged. 11.25 20xx 145 Ave NE—No Contact Order viola- tion; the suspect was said to be sitting outside the victim’s address revving his engine. He left prior to arrival. A probable cause pick-up was put out for his arrest. 11.26 Hwy 65/Constance Blvd NE—Stolen Property; driver stopped due to no lights on the trailer she was pulling. The deputy noticed the license plate had electrical tape on it changing the plate number. The trailer was discovered to be stolen. Drugs were also located in the vehicle. She was arrested. 11.27 154xx Jackson St NE—Warrant; a deputy went to the location to attempt to locate a male with a 5th degree drug offense warrant. The male was lo- cated and arrested without incident. 11.29 Hwy 65/154 Ave NE—2nd degree DWI; a deputy responded to a crash. When speaking with the driver, she appeared intoxicated. He also ob- served an open beer in the vehicle, along with a child. Field sobriety tests were refused. She was ar- rested. Charges were elevated due to the level of the PBT and having a child in the vehicle. 11.30 Crosstown Blvd/Hwy 65 NE—5th degree Con- trolled Substance, Felon in Possession of a Firearm; two-car crash; one car had left the scene. The car was located in a parking lot nearby. Drugs and a handgun were seen. Both drivers were arrested. 12.01 Bunker Lake Blvd/Johnson St NE—Controlled Substance; driver stopped because he knew he did not have a driver’s license. While searching the vehi- cle prior to towing it, meth was found. The male driver was arrested. 12.02 Hwy 65/Crosstown Blvd NE—3rd degree DWI; two callers reported a possible drunk driver driving the wrong way down Hwy 65. The driver ap- peared intoxicated, did not know where she was and denied driving the wrong way on 65. Field sobriety test was failed and she was arrested. Visit the City’s website to view Council meeting videos on-demand and agenda minutes of City Council, Plan- ning Commission and Park & Tree Commission meet- ings: www.ci.ham-lake.mn.us. Keep Your Packages Secure The Anoka County Sheriff’s Office has started to see a few reports in Anoka County of packages being stolen from the front step. As the holiday season approaches and online shopping popularity continues to grow, consider delivering your package to: • A local relative or trusted neighbor who’ll be home to pick it up when it arrives. • Your office where there's someone there to accept you delivery. • A PO box or UPS mailbox: be aware that these have a monthly rental cost and not all PO boxes will accept packages. Find out before you rent! • Search for a locker location near you on Amazon's Locker page or when selecting shipping options at checkout. • Opt for in-store pickup. Winter Driving Safety & Tips Minnesota’s Department of Public Safety offers these tips for safe winter driving: • Be able to see and be seen—clean frost and snow off all your windows, mirrors, lights and reflec- tors. Use your headlights in poor visibility. • Get a feel for the road—When you first start out, accelerate carefully to test wheel-spin and brake gently to test skidding. • Be gentle—Use the accelerator and brakes slowly to maintain control of your vehicle. • Increase your following distance. • Make your turns slowly and gradually. • Watch for scattered slippery spots—If you feel yourself losing control, don’t brake. Take your foot off the gas and steer as straight as you can until the car slows to a safe speed. • In an emergency, steer off the road and into a snow bank to avoid a crash. Obey Ham Lake’s Snow Rules Respect your neighbors by following the City’s policy on parking and on where to deposit snow and ice. Minnesota law makes it illegal for property owners to deposit snow or ice on any street or highway. This includes the 15-foot right-of-way back from the curb. Therefore, it’s illegal to plow snow from your driveway and move it across the street onto the right-of-way of the property across from you. Remember from October 1 through April 30, “NO PARKING” is allowed on Ham Lake streets between the hours of midnight and 6:00 am. In addition, no parking is allowed in the daytime hours during or after a two-inch snowstorm or until the streets are plowed afterwards. What’s Happening at the Senior Center Senior Center phone: 763-434-0455 Senior Center hours: Open Monday-Thursday from 8:00 am - 3:30 pm The Senior Center is located on the west-side lower level of City Hall at 15544 Central Ave. NE. NOW HIRING Part-time cook for Mondays and Wednesdays. This is a paid position. Contact the Senior Cen- ter for more information! Weekly Events Senior Dining at noon on Mondays and Wednes- days ($5.00 for those 55 and older and $8.00 for those younger). Reservations Needed! Activities at the Senior Center: fitness class, pinochle, cribbage, wood carving, bingo and cards (500 and Hand & Foot). Watch for upcoming trips to the Casino (open to the public), Jam Sessions (open to the public) during the day and evening, health insurance coun- seling, scheduled shopping trips for those who need transportation, free blood pressure checks, and a birthday lunch. Call the Senior Center, at the number listed above to find out dates, times and details of these and other special events! The Senior Center will be closed Wednesday, January 1 in observance of New Year’s Day and Mon- day, January 20 in observance of Martin Luther King Jr. Day. Special Upcoming Events Open to the Public Jam Session—Thursday, January 9 at 7:00 pm Jam Session—Tuesday, January 21 at 1:00 pm Senior Dance—2nd Friday of each month. Live music and refreshments. January 10 will feature Michael Elsenpeter from 1:00-4:00 pm. Come dance or just listen to the music! $8 per person. MHSRC Defensive Driving Courses—These courses are open to the public for those age 55 and older. There are no courses scheduled at this time. November Building Permits The City of Ham Lake issued 116 permits in Novem- ber with a valuation of $2,361,955.00. The issued permits are as follows: two commercial sign, eight residential new construction, one residential addi- tion, one residential accessory building, two residen- tial basement finish, one residential deck, one residential fence, one residential pool, one residen- tial window, 46 residential roofing and siding. Other permits include 33 mechanical, 12 plumbing and seven septic installations. Fire Department Calls The Ham Lake Fire Department responded to 38 calls during November: 18 during the day and 20 at night. These included 7 structure calls (2 CO alarms, 3 fire alarms, and 2 gas smell), 19 medical calls, 8 rescues, 2 mutual aid calls, 1 vehicle call and 1 misc. call. The department spent 18 hours on calls with total personnel time adding up to 291 hours. Year-to-date, the department has answered 493 calls, compared with 459 calls at the same time last year. Why Does Ham Lake Plow Snow this Way? Dealing with large amounts of snow is a challenge for everyone, including the City’s snow plow drivers. During and after large snowfalls, the city receives many calls related to plowing. One very popular question is “When will the plow get to my street?” The City of Ham Lake understands the importance of efficient and timely snow removal and ice control. Snow plowing policy and processes are reviewed annually to provide for safe travels for the greatest number of people on the 158 miles of City-managed roadways. The Public Works Department reviews a map of the City’s public street systems that clearly delineates thoroughfare and local residential streets. The map is then divided into six routes and four cul-de-sac routes for purposes of snow removal and ice control. Within each of the areas, the City has classified city streets based on the street function, relative traffic volume and im- portance to the welfare of the community. Those streets are classified as: • Priority A streets will be plowed first. These are higher volume streets that connect major sections of the city and provide access for emergency fire, police and medical services. • Priority B streets are plowed next. These provide access to schools and commercial businesses. • Priority C are low-volume residential streets which are plowed after Priority B streets. • Priority “D” are cul-de-sacs and are plowed last. The Public Works Superintendent or designated representative monitors street conditions to determine the timing and amount of equipment and personnel necessary to clear the streets. During large snowfalls, the City has six trucks dispatched to plow. The plows are assigned to specific sections of the City and when they leave the shop or hub, plowing is done from the hub to outlying parts of the City. This saves time, is a more efficient way to plow and prevents plows from having to backtrack on streets already plowed. Snow plows discharge snow on the right-hand side of the truck, or curbside. The routes are designed to allow the trucks to always take right-hand turns to limit time spent backing up and turning around. Maneuvering a large plow truck is more difficult than a passenger vehicle, especially when there are mounds of snow to drive around and through. Plows travel at an average speed of 10-20 mph, but that pace can be impacted by the amount and weight of snow, traffic, obstacles in the roadways, etc. To help the plow drivers, please be sure all unattended vehicles are off City streets during or after a snowfall until streets have been cleared (per article 6-121 of the City Code). Some roadways within the City are managed by MnDOT or the Anoka County Highway Department. Exam- ples of these are Highway 65 (managed by MnDOT), Constance Boulevard, Crosstown Boulevard, Bunker Lake Boulevard and Radisson Road (managed by the Anoka County Highway Department). Questions or concerns about those roads or conditions should be directed to the responsible organization: • MnDOT Information Center: M-F, 8:00 am to 4:30 pm. Phone: 651-296-3000. • Anoka County Highway Department: M-F, 7:30 am to 4:30 pm. Phone: 763-324-3100. Robert Hoffmann, DC Valorie Hoffmann, DC 763-434-5714 Awarded 2019 Best Doctors by Minnesota Monthly Magazine Public Notice The City of Ham Lake hereby gives public notice of its intent to aerate Ham Lake to prevent winterkill of game fish. The City intends to use mobile systems which may be used at any time. The aeration systems will cause areas of thin ice and open water that fluctuate greatly. If you have any questions concerning the aeration system, please contact Ham Lake City Hall at 763-434-9555. Warning: Stay Clear of Designated Areas! Community Calendar Jan. 1: City Hall closed in observance of New Year’s Day Jan. 6: City Council mtg, City Hall 6:00 pm Jan. 8: The Ham Laker deadline for the February issue Jan. 13: Planning Commission meeting, City Hall 6:00 pm Jan. 15: Park & Tree Commission meeting, City Hall 6:00 pm Jan. 20: City Hall closed in observance of Martin Luther King Jr. Day Jan. 21: City Council mtg, City Hall 6:00 pm Jan. 27: Planning Commission meeting, City Hall 6:00 pm RECYCLE 2 ITEMS FREE This coupon entitles the bearer to recycle two (2) items free on: Saturday, January 25, 2020 at: Green Lights Recycling, Inc. 10040 Davenport Street NE Blaine, MN 55449-4423 Phone: 763-785-0456 Drop off hours are 9:00 a.m. to 12:00 p.m. This coupon must be presented when bringing your items for recycling. The bearer must provide a driver’s license or some form of identification showing he/she is a resident of Ham Lake. Are You an Entrepreneur at Heart?  Need a trusted business advisor? A free business consultant? Money to start or expand your business? The Ham Lake Open To Business program could be just what you need to get going. Free one-on-one counseling with a business advisor and assistance in identifying financial resources are available. For more information or to get started, call Carrie Mikkonen at 763-438-7315 or email her at: cmikkonen@mccdmn.org Santa’s Visit Recap In early December, the Ham Lake Fire Department again brought Santa to neighborhoods throughout the city. Winter temperatures were pleasant, snow covered the ground and Santa was on display as children of all ages enjoyed this annual community event. Firefighters and other helpers passed out candy canes and collected residents’ food donations. The extraordinary generosity of Ham Lake citizens was again on display! A new record amount of 7,560 pounds of food and $697 in cash was collected from you, and delivered to the North Anoka County Emergency Food Shelf. On behalf of the firefighters of the Ham Lake Fire Department, a sincere thank you to everyone who participated. We hope to see you again next year! Merry Christmas!! Thinking Spring Already: High Water Levels Frequent and heavy rains across the Coon Creek area this fall caused creeks, lakes, ponds and wetlands to be at their highest levels in years. With saturated soils and high levels of water already seen in fall, the ability of the drainage system to hold the predicted higher snowmelt next spring looks compromised. Once the snow melts, be prepared for extra-saturated low areas, especially in drainage easements (or “drainage and utility” easement). Check your plat to see if there’s one on your property. Floodplain elevations or wetlands might be harder to see or find but are no less important. They function as floodwater storage areas on the landscape. Usually by fall, they’re lower from summer evaporation and plants taking up water then transpiring it through leaves. This fall, though, we had so much rain, spring storage capacity is low. To reduce property damage from flooding please keep sheds, equipment, landscape materials, piles of debris (including piles of grass clippings or leaves) out of low areas. If you plan to landscape or build on your property this year, you need to check that your activity won’t cause flooding. If your property is located within the Coon Creek Watershed District (97% of Ham Lake), please fill out our Technical Assistance form for two hours of free review. It’s available on our website or by mail or email, or come to our office for a hard copy. Allow at least three months for the process and any necessary permits. Questions? Contact the Coon Creek Watershed District at 763-755-0975 or online www.cooncreekwd.org. Ham Laker, Taylor Fondie, Wins Miss Minnesota USA Taylor Fondie, 22, was crowned Miss Minnesota USA on December 1st at the Ames Center in Burnsville. Taylor is a Blaine High School alumni and former Minnesota Vikings cheerleader. She currently attends Bethel University for Broadcast Journalism and Sports Reporting. Taylor will spend the next year traveling the state, making appearances, getting involved with charities near to her heart and representing the great state of Minnesota at the nationally-televised Miss USA com- petition. Congratulations, Taylor! You can follow her journey on Instagram at: @missmnusa. If you’re interested in having Taylor attend an event near you, you can submit a request at: www.missminnesotausa.com/appearance. Ham Lake resident, Taylor Fondie, was recently crowned Miss Minnesota USA Recycling Event • January 25 Residents may drop off recyclable items at Green Lights Recycling (10040 Davenport Street NE in Blaine) on January 25, 2020 from 9:00 am to 12:00 pm. Two items can be recycled at no charge by pre- senting the coupon below. For a list of accepted items go to www.glrnow.com and click We Recycle. NOTE: To improve traffic flow during the event, please use the entrance on 99th Lane NE (from Hwy 65 turn east onto 99th Ave N). Contact Green Lights Recycling at 763-785-0456 or the City of Ham Lake Recycling Coordinator at 763- 434-9555 if you have any questions. Submit Your Reservations for Use of the City’s Ballfields The Ham Lake Park and Tree Commission is accept- ing reservation requests for ballfield and soccer field use in 2020. Mail your request to reserve fields to: City of Ham Lake, 15544 Central Avenue NE, Ham Lake, MN 55304. Or email your request to: nwheeler@ci.ham-lake.mn.us. The deadline for submitting requests is noon on Tuesday, January 7th. The Park and Tree Commission asks that a represen- tative from each organization submitting a request be present at the January 15 Park and Tree Commis- sion meeting. The meeting begins at 6:00 p.m. and will be held in the Ham Lake City Council chambers. 7,560 pounds of donated food on its way to NACE! Page 1 of 2 AGENDA ITEM – 1F MEMORANDUM DATE: April 19, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: COVID-19 and City Operations Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council may provide further direction on COVID-19 and City Operations. Background Since March of last year, the City has been operating under COVID-19 related guidelines, which include limited staff at City Hall, closing City Hall to the public, and altered field operations. Staff is seeking Council’s direction on whether it would like to make any changes to current operations, or keep with the status quo. It should be noted that there is no right answer for how other cities are handling their COVID mitigation measures, some cities never closed while some remain closed like Arden Hills, and many are in the middle. The Personnel Committee did discuss this in late March, and given that Minnesota remains one of the states with higher rates of infection, and the numbers do not appear to be drastically improving, the Personnel Committee is recommending the status quo for ongoing operations. The City’s mitigation measures are below should Council want to discuss any item in more detail. -City Hall is closed to the general public -Remote Council and committee/commission meetings -Staff at a 50 percent or less staffing level at City Hall -Two split crews for the Public Works Department -One person per vehicle (this limits the number of seasonal Public Works employees we hire) As mentioned, the Personnel Committee reviewed these items and is not recommending any changes at this time. This may change as the vaccine continues to rollout. Page 2 of 2 Also, discussed by the Personnel Committee was summer hours; while this is not directly related to COVID -19 mitigation measures, the Personnel Committee did not have an appetite to consider summer hours for 2021. Should Council want to consider this they should direct Staff to bring it forward. Lastly, we are still waiting on guidance from the State regarding usage of the additional stimulus money that was passed by the Federal Government. When we have guidance, another discussion will be brought forward to Council for consideration on how to utilize those funds. Budget Impact N/A Attachment N/A Page 1 of 1 AGENDA ITEM – 1G MEMORANDUM DATE: April 19, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Food Truck Ordinance Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council may provide preliminary direction on the City’s Food Truck Ordinance. Background The City Council recently requested to have a discussion on the City’s Food Truck Ordinance. Tonight’s discussion is meant to be a preliminary overview and receive direction on any items Council would like to consider or change, those items will then be brought back for future discussion. The current ordinance is attached (see Attachment A), and Staff will provide a verbal update on applicable issues that come to light over the past few weeks regarding food truck operations in the City. Budget Impact N/A Attachment Attachment A: Mobile Food Units City Code, Section 395 Page 1 of 1 AGENDA ITEM – 1H MEMORANDUM DATE: TO: FROM: April 19, 2021 Honorable Mayor and City Councilmembers Dave Perrault, City Administrator SUBJECT: Council Tracker Update Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider The Council should provide further direction on items presented on the Council Request Tracker. Background City Council will receive a verbal update on items the Council has previously directed staff to research and/or bring forward. Discussion N/A Budget Impact N/A Attachments N/A