the - City of Arden Hills

PUBLIC PRESENTATIONS – 3A

MEMORANDUM

DATE: March 9, 2015

TO: Honorable Mayor and City Council Members

FROM: Patrick Klaers, City Administrator

SUBJECT: Northeast Youth and Family Services

Background

Northeast Youth and Family Services (NYFS) President and CEO Jerry Hromatka has

requested to come before the City Council to provide his annual update about services

provided by NYFS to Arden Hills residents.

Miriam Ward is our Arden Hills representative on the NYFS Board and has been on the

Board since April 2012.

The annual NYFS Leadership Luncheon is scheduled for Wednesday, May 6th

from

11:30 to 1:00 at the Midland Hills Country Club in Roseville. Dr. Edward Ehlinger,

Minnesota Commissioner of Health, is the featured speaker.

The City’s financial contribution to NYFS has historically come from St. Katherine’s

Ukrainian Church by way of charitable gambling funds. However, starting in 2014, this

relationship will cease to exist and the City will be funding the local contribution. Our

contribution in 2014 was $15,087.

Attached for your information is a brief power point presentation that reviews the 2014

NYFS activities.

Presentation to the

City of Arden Hills

March, 2015

“He who wants to warm himself in old age

must build a fireplace in his youth”

German Proverb

About NYFS

• Primary Population: 5-21 year olds

• 4,000+ youth, families, individuals

• $3.2 million annual budget

• Three program areas • Mental Health

• Youth Development

• Day Treatment

www.nyfs.org

Transforming lives today, creating a better tomorrow

NYFS Programs

Mental Health

• Youth in context

• Schools, homes, clinic

Youth Development

• Academics, employment, life skills, citizenship

• Diversion, Out of School, Senior Chore

Day Treatment

• REACH, NETS, Site based

• Milieu therapy

2013-2014 Service Summary

Contracted Services # 2013 # 2014

Counseling 18 $20,550 16 $19,050

Diversion 13 $5,960 19 $8,325

Senior Chore (seniors/youth) 2/2 $780 9/9 $1,520

Cost of Contracted 35 $27,290 53 $28,895

City Contract $15,109 $15,275

Non Contracted 9 $61,905 11 $75,350

What your support buys

• Services for residents are assured

• Benefits • Educational attainment

• Effective workforce

• Citizenship

• Reduced costs to public

• Leverage outside resources

Current Trends – NYFS Response

Evolving Health Care – School Linked Mental Health

Achievement Gap – community connection

Aging population – routine chores

Improving economy – resource development

NYFS Partnerships

• Communities Arden Hills, Birchwood Village, Falcon Heights, Hugo, Little Canada, Mahtomedi, Mounds

View, New Brighton, North Oaks, Roseville, Shoreview, St. Anthony, Vadnais Heights,

White Bear Lake, White Bear Township

• School Districts Centennial, Columbia Heights, Inver Grove Heights, Mahtomedi, Mounds View, North St.

Paul/Maplewood/Oakdale, Roseville Area, St. Anthony/New Brighton, Spring Lake Park,

White Bear Lake Area

•Collaborations Minnesota Youth Intervention Program Association, North Suburban Gavel Club, Ramsey

County Children’s Mental Health Collaborative, Roseville Rotary, Shoreview/Arden Hills

Rotary, St. Anthony-New Brighton Family Service Collaborative, Suburban Ramsey Family

Collaborative, Twin Cities North Chamber of Commerce

• Faith Community

• Businesses

of 1

DATE: March 9, 2015

TO: Honorable Mayor and City Councilmembers

Patrick Klaers, City Administrator

FROM: Jill Hutmacher, Community Development Director

SUBJECT: TCAAP Update

The City Council reviewed the TCAAP Redevelopment Code (TRC) at a special Work Session

on Tuesday, February 24, 2015. The City Council made final changes to the document and

authorized staff to move forward with the “Fit Test” proposed by Ramsey County. A memo

from Kimley Horn describing the fit test is attached.

Initial findings of the fit test are tentatively scheduled to be presented to the City Council on

March 30, 2015. Final approval of the TRC and authorization to submit the TCAAP

Comprehensive Plan Amendment for adjacent city and Metropolitan Council review is

tentatively scheduled for May 2015.

STAFF COMMENTS - 4A

MEMORANDUM

Memorandum

Date: March 5, 2015

To: Jill Hutmacher, Arden Hills Community Development DirectorTerry Maurer, Arden Hills Public Works Director

From: Michael Lamb, Kimley-Horn

Subject: TCAAP Redevelopment Code (TRC) Design and Development Study

The purpose of this memo is to provide the City Council with a brief summary of the intent and purposeof the TRC Design and Development Study (also referred to as the “Code Fit Test”). The study is focusedon the desire to determine (or “test”) build-ability and overall residential unit yield based on the visiondefined in the TRC as follows:

The purpose of the TCAAP Redevelopment Code (TRC) is to implement the vision for awalkable, mixed-use, resilient, and vibrant TCAAP development (hereinafter “Plan Area”)by: (a) Creating regulations that realize market potential and promote the creation of jobs

and economic development;(b) Developing a regulatory process that encourages quality growth and saves time in

development process; and(c) Focusing on predictability for both developers and the community.

The study is organized around a two step process. Step one focuses on the design and layout of each ofthree neighborhoods (Town, Creek and Hill) strictly adhering to the regulations and policies of the TRC,as well as the land use guidance and development densities approved by the Council on January 26,2015. The second step is to prepare a “test” that also adheres to the TRC but in a way that representshow development patterns and unit yields might be delivered more from a market-based approach. Thisstep would rely on current conditions in the market place; a general understanding of what is beingdeveloped in nearby communities; recent residential development precedents; and to some extent howthe development community would approach design and implementation.

Each step will document the three neighborhoods graphically, to scale, and be supported by datarelating number and type of units, lot and building types, street type and dedicated right of way, anddensity calculations for gross and net yields per acre. A summary comparison of the current Land UsePlan and each test option will also be produced.

The process will include close coordination with staff from the City and County. We are currentlyplanning to present the results of test option 1 to the City Council at a work session on March 30, 2015.A second City Council work session sometime in April will focus on the results of test option 2.

Copy: Beth Engum/Ramsey County

Approved: March 9, 2015

CITY OF ARDEN HILLS, MINNESOTA

REGULAR CITY COUNCIL MEETING

JANUARY 26, 2015

7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS

CALL TO ORDER/ROLL CALL

Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City

Council meeting at 7:00 p.m.

Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave

McClung, and Robert Woodburn

Absent: None

Also present: City Administrator Patrick Klaers; Public Works Director Terry Maurer;

Assistant City Engineer John Anderson; Community Development Director Jill

Hutmacher; City Planner Ryan Streff; Associate Planner Matthew Bachler; City Attorney

Joel Jamnik; and City Clerk Amy Dietl

PLEDGE OF ALLEGIANCE

1. APPROVAL OF AGENDA

MOTION: Councilmember McClung moved and Councilmember Holden seconded a

motion to approve the meeting agenda as presented. The motion carried

unanimously (5-0).

2. PUBLIC INQUIRIES/INFORMATIONAL

None.

3. STAFF COMMENTS

A. TCAAP Update

Community Development Director Hutmacher stated that a final draft of the TCAAP

Redevelopment Code (TRC) will be presented to the City Council on February 2, 2015. Ramsey

County has requested that a “fit test” be completed prior to official approval of the TRC and

Comprehensive Plan amendment. The County’s stated purpose of the fit test is to:

amy.dietl

Draft

ARDEN HILLS CITY COUNCIL – JANUARY 26, 2015 2

See how the neighborhoods meet the City’s and County’s shared vision;

Offer the market a more complete view of the TRC; and

Add financial perspective for the TRC and County marketing efforts through a market

study.

Community Development Director Hutmacher commented that work on the fit study is

expected to take approximately 60 days following the City Council’s completion of work on the

TRC. Ramsey County has offered to pay for this study. A revised meeting and approval schedule

will be compiled.

Community Development Director Hutmacher reviewed the upcoming meeting schedule and

noted that the Council would be meeting on the following dates:

January 26, 2015, Special Work Session at 5:30 pm, Community Room

Final Review Chapters 1-2 (Introduction, Components of the Code)

Review Land Use Map

February 2, 2015, Special Work Session at 6:30 pm (following JDA meeting), Council Chambers

Final Gateway Planning Workshop

o Presentation of Final Draft of TCAAP Redevelopment Code (TRC)

Staff explained that additional regular and special work sessions will be scheduled to discuss the

infrastructure study and other TCAAP issues.

Mayor Grant asked if a consulting firm has been hired for the fit test.

Community Development Director Hutmacher stated that she did not believe that had been

done yet.

Councilmember Holden asked how long the fit study would take to complete and questioned if

the Council would be a partner in this initiative and be allowed to review the information.

Community Development Director Hutmacher stated that she understood that the City would

be a partner in the study. She explained that the County wanted the City to review the fit test

results prior to approving the TRC. She anticipated that the information would be provided to the

Council in a timely manner in order to keep the TRC approval process moving forward.

Councilmember Holmes asked if the Council would have a 60 day hiatus of work sessions in

order to wait for the fit test results.

Community Development Director Hutmacher stated that staff would be meeting with the

County to discuss this matter further and when information was available, it would be forwarded

to the City Council. She anticipated that work sessions would still be held to allow the Council to

further discuss and review the TRC and other TCAAP-related items.


Mayor Grant stated that the Council should continue to review the TRC while awaiting the

results of the fit test.

4. APPROVAL OF MINUTES

A. December 8, 2014, Special City Council Work Session

B. December 15, 2014, Special City Council Meeting


motion to approve the December 8, 2014, special City Council work session

minutes; and December 15, 2014, special City Council meeting minutes as

presented. The motion carried unanimously (5-0).

5. CONSENT CALENDAR

A. Motion to Approve Consent Agenda Item - Claims and Payroll

B. Motion to Approve Appointment of Recreation Programmer

C. Motion to Adopt Resolution 2015-005 Entering Into a Limited Use Permit with

MnDOT for Lexington Avenue Improvements

D. Motion to Adopt Resolution 2015-006 Requesting a Municipal State Aid Advance

to Fund Projects in 2015

E. Motion to Approve Appointment of Steve Heikkila as Chair of the Economic

Development Commission (EDC)

F. Motion to Approve Merrick, Inc. Gambling Permit


motion to approve the Consent Calendar as presented and to authorize

execution of all necessary documents contained therein. The motion carried

unanimously (5-0).

6. PULLED CONSENT ITEMS

None.

7. PUBLIC HEARINGS

A. 2015 Pavement Management Program – Grant Noble Neighborhood

Assistant City Engineer Anderson stated that on December 8, 2014, the City Council received

the feasibility report for the 2015 Pavement Management Plan for the Grant/Noble/Lake Lane

Neighborhood Improvement Project and ordered a public hearing for January 26, 2015. He

presented the Council with general information regarding construction, standards, and

assessments that apply for this project. Following Minnesota Statutes, Chapter 429, notice of the

public hearing was posted twice prior to the meeting; this was done in the Bulletin on January 14

and January 21, 2015. A notice was also sent to each property proposed to be assessed as a part of

this project.


Assistant City Engineer Anderson reviewed the two options for the street improvement project

as noted within the feasibility study. The first option, reconstruction, involves fully rebuilding the

road base and surface and is the most intrusive option as well as the more costly option. The

reconstruction option also includes the addition of concrete curb and gutter throughout the entire

neighborhood. The second option, reclamation, involves pulverizing the existing bituminous

surface and recycling that material to be used as an aggregate base. This option is less expensive

and has less impact to the surrounding properties. The existing street has bituminous curb in some

locations to direct drainage or support steep boulevard grades. Bituminous curb would not be

possible to be replaced in the reclamation option due to the grades and the need to build the road

surface up.

Assistant City Engineer Anderson reported that based on the survey results received from area

residents, 44% supported a reconstruction project and 47% supported reclamation, while 8% had

no preference. Staff recommended that once the hearing is closed, the Council order the

improvements and preparation of plans and specifications, while also providing direction on how

the project should proceed; reconstruction or reclamation.

Mayor Grant requested further information on the proposed drainage for this project.

Assistant City Engineer Anderson commented that with the reconstruction option, the grade of

the road could be altered and the drainage for the Grant and Noble neighborhoods could be

addressed. If a reclamation project were chosen, the drainage would remain as is.

Councilmember Holden asked if the street would be widened and if any trees would be lost.

Assistant City Engineer Anderson stated that a tree survey was completed and no trees would

be removed unless indicated by the survey and discussed with the homeowner.

Councilmember McClung requested further clarification on the price differences between

reclamation versus reconstruction.

Assistant City Engineer Anderson discussed the pricing differences for the two alternative

projects.

Councilmember McClung questioned if the City would be receiving any economies of scale by

bidding out two pavement management projects this spring.

Assistant City Engineer Anderson anticipated that the City would receive more competitive

bids this spring because of the economies of scale.

Mayor Grant opened the public hearing at 7:47 p.m.

Brent Bartel, 3377 Lake Johanna Boulevard, explained that his driveway abuts Lake Lane. He

discussed the feasibility study findings and believed that a full reconstruction would better address

the ponding concerns more than a reclamation project. He provided comment on the poor quality

of the asphalt curbs currently in place and recommended that asphalt curbs not be pursued. He

supported the extra $1,000 in assessments to have the concrete curbs installed.


Kirk Soldner, 1923 Noble Road, explained that he has lived in his home since 1987. He believed

that Noble Road has had a lack of maintenance. He appreciated the lower asphalt curb as it

offered residents easier access to their lots.

Robert Johnson, 1902 Noble Road, stated that he has lived in his home since 1989 and lives next

to the walking path. He discussed how the water runs down the street to the walking path; then

leaves the street and pools in his yard. He requested that this situation be addressed through the

street improvement project.

Robert Gibson, 1860 Lake Lane, reported that he has been a resident since 1975. He commented

that he could support the concrete curb given the fact that the assessment amounts were so close.

He encouraged the City to properly maintain the new roadway after it was completed.

Steve Scott, 1870 Lake Lane, understood that Grant and Noble were in poor condition. He did

not believe that Lake Lane had the same issues. He did not feel it was fair to assess each lot

equally when the roadway conditions varied. He then discussed the lack of maintenance on these

roadways and recommended that the City create a maintenance schedule for its streets.

Mayor Grant requested comment from staff on the City’s road maintenance program.

Public Works Director Maurer discussed the City’s current road maintenance program noting

that the current Council has been aggressive in budgeting funds for crack filling and seal coating.

He anticipated that the new streets would be seal coated after three to five years and then routine

crack filling/seal coating would be completed on a seven to ten year cycle.

Amy Fleury, 1936 Grant Road, commented that she lives on a corner property and the asphalt in

front of her home is in poor condition. She supported concrete curbs and believed that this would

hold up much better long-term.

Chad Myers, 3441 Lake Johanna Boulevard, stated that he has lived in his home for the past year

and a half. He supported the full reconstruction project with concrete curb and gutter. He

believed this would better address the water and drainage concerns in his neighborhood.

Paul Spencer, 1863 Lake Lane, supported concrete curb and gutter and wanted Lake Lane to look

the same as the other roadways in his neighborhood.

Carl Stampfle, 1935 Grant Road, indicated that he has lived in his home since 1975. He reported

that he has standing water on the road in front of his home after every rain event. For this reason,

he supported a full reconstruction project in order for the grading concerns on the roadway to be

properly addressed.

Vaughn Morin, 1889 Grant Road, asked if the sanitary sewer lines would be replaced. He

commented that he replaced his line from the house to the street in 2011. He stated that he

supported a reconstruction project.

Public Works Director Maurer reported that sanitary sewer lines, from the main to the house,

were the responsibility of the homeowner. He commented that the City was responsible for water


lines from the main to the curb stop. He encouraged Mr. Morin to coordinate a sewer line

replacement with the City through this PMP project.

Mayor Grant suggested that Mr. Morin contact City staff to discuss this matter further.

Todd Durand, 1828 Lake Lane, discussed the existing bituminous curb. He explained that water

has washed away the curb in some portions of the roadway which was making it difficult for the

snow plow drivers. He recommended that the street project be a full reconstruction with concrete

curb and gutters.

Mayor Grant closed the public hearing at 8:19 p.m.

Councilmember Holmes discussed the drainage concerns surrounding the walking path and

asked how staff would address this issue.

Assistant City Engineer Anderson explained that staff has completed extra topography in this

area and will have an extra drain installed in the appropriate area.

Councilmember Holden requested that staff provide comment on how the construction timeline

would be made known to the impacted residents.

Assistant City Engineer Anderson explained the various ways staff and the contractor would be

in communication with the residents regarding the construction timeline.

MOTION: Councilmember McClung moved and Councilmember Woodburn seconded a

motion to Adopt Resolution #2015-007 – Ordering the Improvement and

preparation of plans and specifications for a Reconstruction Project.

Councilmember McClung supported the full reconstruction of the Grant and Noble

neighborhood. He supported the concrete curb and gutter being installed noting that this would

address the drainage issues along these roadways. He thanked the residents present for their input

and noted that the Council was committed to properly maintaining its new roadways.

Mayor Grant questioned if the new roadway would be crowned to encourage water to flow to the

new concrete curb and gutters.

Assistant City Engineer Anderson stated that this was the case.

Mayor Grant commented that he would be supporting the full reconstruction project.

The motion carried (5-0).

8. NEW BUSINESS

A. Planning Case 14-032 – Minor Subdivision and Variance – Arden Manor

Associate Planner Bachler stated that Arden Manor-550 Associates has applied for a minor

subdivision to sell a 2,673 square foot portion of the Arden Manor manufactured home park


property to the adjacent Big Ten Supper Club at 4703 U.S. Highway 10. A portion of the Big Ten

parking lot encroaches on an area approximately 22 feet by 121 feet on the Arden Manor property

along the southeast property line. Staff has reviewed historic aerial images of the area and

estimates that the parking lot was expanded creating this encroachment sometime between 1991

and 2003. The purpose of the subdivision and lot consolidation is to address this encroachment

through the sale of that portion of land where the encroachment has occurred to the Big Ten

Supper Club. The subdivision would not result in the creation of any new developable parcels.

The parties have signed a purchase agreement that will be carried out if the proposal is approved

by the City Council.

Associate Planner Bachler indicated that the Arden Manor manufactured home park operates

under a series of Conditional Use Permits first approved by the City in 1971 that set minimum

development standards specific to this property. The Conditional Use Permit requires Arden

Manor to maintain minimum areas, setbacks, and structure coverage for each manufactured home

lot. Additionally, a 20 foot landscaped buffer around the perimeter of the property is required to

be maintained. The proposed lot line adjustment would not result in the Arden Manor property

being out of compliance with these previous agreements.

Associate Planner Bachler stated that with the proposed subdivision and lot consolidation, the

Big Ten Supper Club property would be in conformance with the Neighborhood Business District

requirements for lot size and dimension and structure setbacks. However, a variance is needed in

this case because the subdivision would result in a reduction in the nonconforming landscape

coverage on the property and the continuance of a nonconforming parking area setback.

Associate Planner Bachler reported that a minimum landscape lot coverage of 35 percent is

required for properties in the Neighborhood Business District. The existing landscaped area on the

lot is 6,710 square feet, or 14.1 percent of the total lot area. Approximately 88 percent of parcel to

be consolidated with the Big Ten property is covered by bituminous surface and as a result,

overall landscape coverage on the property would decrease to 13.9 percent.

Associate Planner Bachler explained that Section 1325.06 of the Zoning Code requires that an

off-street parking area containing four or more parking spaces be located a minimum of five feet

from any side or rear lot lines. The existing parking area for the Big Ten property encroaches into

this required five foot setback along the northwest and southeast side lot lines and the southwest

rear lot line. With the expansion of the lot boundaries, the parking lot would continue to encroach

along the southeast lot line.

Associate Planner Bachler reported that the Planning Commission reviewed Planning Case 14-

032 at their regular meeting on January 7, 2015. The Planning Commission offers the following

findings of fact for consideration:

Subdivision Findings:

1. Arden Manor-550 Associates is the owner of the property located at 4605 Prior Avenue,

which is operated as the Arden Manor Manufactured Home Park.

2. John Welsch is the owner of the property located at 4703 U.S. Highway 10, which is

operated as the Big Ten Supper Club.


3. A portion of the parking lot located at 4703 U.S. Highway 10 encroaches across an area

approximately twenty-two (22) feet wide by one hundred and twenty-one (121) feet long

onto the property at 4605 Prior Avenue.

4. Arden Manor-550 Associates has requested a Minor Subdivision and Lot Consolidation to

address the encroachment through the sale of the 2,673 square foot portion of land where

the encroachment has occurred to John Welsch.

5. The two parties have signed a purchase agreement that will be carried out if the Minor

Subdivision and Lot Consolidation is approved by the City Council.

6. The property at 4605 Prior Avenue is located in the R-3 Townhouse & Low Density

Multiple Dwelling District. The site operates under a Conditional Use Permit and the

proposed lot line adjustment would not result in the property being out of compliance with

previous agreements.

7. The property at 4703 U.S. Highway 10 is located in the N-B Neighborhood Business

Zoning District. The property is considered to be nonconforming due to an encroachment

into the required off-street parking area setback and landscape lot coverage.

8. The resultant parcel at 4703 U.S. Highway 10 would be in conformance with the minimum

lot dimension, lot area, and structure setback requirements for the Neighborhood Business

Zoning District.

9. With the expansion of the lot boundaries at 4703 U.S. Highway 10 the parking lot would

continue to encroach along the southeast lot line and the overall landscape lot coverage

would decrease from 14.1 percent to 13.9 percent.

10. The resultant parcels abut on and have access to an existing public street, road,

thoroughfare or highway.

11. The subdivision will not involve the opening, widening or extension of any public or

private street, road, thoroughfare or highway and will not involve the dedication,

reservation or construction of any type of public utility.

12. The subdivision will not obstruct future streets which have been planned by the City.

13. The subdivision will not be detrimental to the public welfare or injurious to adjacent tracts

in the area in which the subdivision tract is located.

14. The registered land survey conforms to all requirements.

15. The resultant parcel at 4605 Prior Avenue will be in conformance with the Zoning Code

and the existing Conditional Use Permit that the property operates under.

16. The resultant parcel at 4703 U.S. Highway would not be in conformance with the Zoning

Code and a variance is needed.

17. A twenty (20) foot wide sanitary sewer easement will be provided across the property at

4703 U.S. Highway 10 where an existing sanitary sewer line is located.

18. No grading plan is required for the proposed subdivision.

19. The proposed subdivision is not subject to the City’s park dedication fee.

Variance Findings:

20. The proposal is in harmony with the purpose and intent of the Zoning Ordinance as the

Ordinance generally allows flexibility for unique situations when impacts to surrounding

properties are minimized.

21. The proposal is consistent with the Arden Hills Comprehensive Plan as it allows the

reasonable use of a residential and commercial property.

22. The proposed variance would have no appreciable impact on the site conditions as the

parking area in question has already been constructed.


23. The proposed subdivision and lot consolidation is unlikely to have negative impacts to the

property or to the neighborhood as a whole.

24. The proposed subdivision and lot consolidation and requested variances do not appear to

be based on economic considerations alone.

Associate Planner Bachler explained that the Planning Commission reviewed this request and

recommended approval (5-1, Holewa) of Planning Case 14-032 for a Minor Subdivision, Lot

Consolidation, and Variance at 4605 Prior Avenue and 4703 U.S. Highway 10, based on the

findings of fact and the submitted plans in the January 26, 2015, Report to the City Council, as

amended by the following three (3) conditions:

1. The applicant shall file a copy of the City Council resolution approving the subdivision

and lot consolidation with Ramsey County and a copy shall be provided to the City on or

before November 1, 2015, as in accordance with relevant State and County statutes.

2. The applicant shall file the twenty (20) foot wide sanitary sewer easement as depicted on

the survey with Ramsey County and a copy of the document shall be provided to the City

within ninety (90) days of the final approval date. The easement document shall be

approved by the City Attorney before filing with the County.

3. Monuments or stakes shall be placed and installed at all corners and angle points of the

resultant parcel at 4703 U.S. Highway 10.

Councilmember Holden asked if the property could support all drainage for the site.

Associate Planner Bachler explained that if Arden Manor or the Big Ten Supper Club were to

propose new or additional improvements, staff would have to reevaluate the existing drainage on

the site and how the new development would impact the existing drainage.

Mayor Grant questioned if any permits were issued for the paved surface.

Associate Planner Bachler did not believe that any permits were issued for the parking surface

extension by the City or through the Rice Creek Watershed District.

MOTION: Councilmember Woodburn moved and Councilmember Holmes seconded a

motion to approve Planning Case 14-032 for a Minor Subdivision, Lot

Consolidation, and Variance at 4605 Prior Avenue North and 4703 U.S.

Highway 10, based on the findings of fact and the submitted plans, as

amended by the three (3) conditions in the January 26, 2015, Report to the

City Council. The motion carried (5-0).


motion to adopt Resolution #2015-008 – A Minor Subdivision and Lot

Consolidation for 4605 Prior Avenue North. The motion carried (5-0).

B. Planning Case 14-035 – Site Plan Review – 1203 County Road E

Associate Planner Bachler stated that Frattallone’s Hardware Inc. recently purchased the

property at 1203 County Road E in order to remodel the former furniture store building on the site


for use as administrative offices and storage. The existing building is a one story split-level with

23,155 square feet of space on the main level and an additional 18,661 square feet in the basement

area. Frattallone’s is proposing to renovate 12,770 square feet on the main floor for general office

space and 8,746 square feet of space in the basement area for storage space for off-season items

for the hardware store operations. The remaining 20,300 square feet in the building would remain

unoccupied at this time. The renovations do not include alterations to the exterior of the site other

than resurfacing and restriping the existing parking area. A fifteen-foot wide one way traffic lane

is proposed with vehicles entering at the eastern access driveway and exiting at the west end of the

parking lot.

Associate Planner Bachler indicated that the property is located in the City’s B-2 General

Business District. The Zoning Code requires that proposals for new construction, redevelopment

of a site, and significant modifications to existing sites in this district to use the Planned Unit

Development (PUD) process. However, minor internal alterations to buildings and the

maintenance of existing exterior feature such as façades, signage, landscaping, and parking lots

are not considered to be significant modifications and are exempt from the PUD process. The City

has also adopted design standards for properties in the B-2 District. The standards in this section

only apply to building or site elements being developed or significantly altered and are not

applicable in this case.

Associate Planner Bachler explained that the applicant has requested a Site Plan Review for a

reduction in the number of required parking stalls for the proposed use of the building. Under the

City’s Zoning Code, the number of spaces required for a specific use may be reduced through the

Site Plan Review process if documentation can be provided that a lesser number of spaces will

actually be needed.

Associate Planner Bachler noted that the Zoning Code requires that a minimum of one parking

stall be provided for every 250 square feet of gross floor area for office uses. Based on the

proposal for 12,770 square feet of office space, 51 stalls would be required. For warehousing uses,

one stall is required per 1,000 square feet of floor area. The additional 8,746 square feet used for

storage would require 9 stalls for a combined total of 60 required parking spaces for both uses.

The proposed site plan includes a total of 26 parking spaces for a parking deficiency of 34 stalls.

Associate Planner Bachler stated that it is unclear the total number of existing stalls within the

parking area because the striping on the surface has faded. As part of a variance request that was

approved by the City in Planning Case 75-009, the property was permitted a reduction in the

required number of parking spaces from 89 to 41 stalls. However, as noted by the property owner

in their application, in order to satisfy the City’s dimensional requirements for individual parking

spaces, only 26 spaces can be accommodated within the boundaries of the existing parking lot.

Associate Planner Bachler commented that the applicant has provided a letter explaining why a

reduced number of parking stalls will be sufficient for the proposed uses on the site. Frattallone’s

intends to only have 13 administrative staff working at the site and does not foresee growing their

staff to more than 25. The applicant also does not expect the storage use to have an impact on the

parking needs for the site. The storage area in the building will be used for keeping winter

materials in the summer months and lawn and garden equipment during the winter. Loading and


unloading of materials will only occur seasonally with little or no freight traffic for the remaining

part of the year.

Associate Planner Bachler indicated that the City Code typically requires that the difference in

the number of spaces provided and those required be shown on the site plan as “proof of parking”

that can be constructed if the need for additional spaces arises. The proposed site plan does not

include a proof of parking area. Since this property is already fully developed, the additional 34

required parking stalls could not be accommodated on the site unless a portion of the existing

building were to be taken down.

Associate Planner Bachler reported that the Planning Commission reviewed Planning Case 14-

035 at their regular meeting on January 7, 2015. The Planning Commission offers the following

findings of fact for consideration:

1. The property at 1203 County Road E is located in the B-2 General Business District.

2. The existing building on the property is a one story split-level with 23,155 square feet of

space on the main level and an additional 18,661 square feet in the basement area.

3. The owner is proposing to renovate 12,770 square feet on the main floor for general office

space and 8,746 square feet of space in the basement area for storage use.

4. The remaining 20,300 square feet of space in the building will remain unoccupied.

5. The proposal does not include any significant modifications to the exterior of the site.

6. The proposal includes restriping the existing parking area with a total of twenty-six (26)

parking stalls that are in conformance with the City’s dimensional standards.

7. The proposed site plan adequately addresses the Zoning Code requirements for internal

traffic and circulation.

8. Based on the proposed mix of office and warehousing uses in the building, sixty (60)

parking stalls would be required.

9. The proposed site plan has a deficiency of thirty-four (34) parking stalls.

10. Under the Zoning Code, the number of spaces required for a specific use may be reduced

by the City Council if the property owner provides documentation that a lesser number of

spaces will actually be needed than normally required. The difference in the number of

spaces provided and those required needs be shown on the site plan as “proof of parking”

and shall be constructed if and when the need for such additional spaces arises.

11. The applicant has stated that thirteen (13) administrative staff would work at the site and

future staffing would not exceed twenty-five (25). The applicant also does not expect the

proposed accessory warehousing use to have an impact on the parking needs for the site.

12. The proposed site plan does not include any proof of parking spaces.

13. The property is already developed and the required additional thirty-four (34) parking

stalls could not be accommodated on the site.

14. In order to satisfy the Zoning Code parking requirements, parking stalls could be secured

on a site within eight hundred (800) feet of the main entrance to the principal building. A

properly drawn legal instrument between the parties would need to be executed and filed

with the City and County, as determined by the City Attorney.

Associate Planner Bachler explained that the Planning Commission reviewed this request and

unanimously recommends approval of Planning Case 14-035 for a Site Plan Review at 1203

County Road E to reduce the number of required parking spaces for the proposed use of the


property, based on the findings of fact and the submitted plans in the January 26, 2015, Report to

the City Council, as amended by the following five (5) conditions:

1. The project shall be completed in accordance with the submitted plans as amended by the

conditions of approval. Any significant changes to these plans, as determined by the City

Planner, shall require review and approval by the Planning Commission and City Council.

2. Final building plans shall be subject to approval by the City Building Official and the Fire

Marshal prior to the issuance of a building permit.

3. If the property owner applies for building permits to remodel the remaining unoccupied

area of the existing building, the City reserves the right to evaluate parking on the site at

that time.

4. If it is determined that the provided off-street parking is not sufficient, the property owner

will be required to construct an adequate number of parking stalls on the site or to secure

off-site parking stalls located within eight hundred (800) feet of the main entrance to the

building. Any agreement for use of off-site parking will be documented with a legal

instrument approved by the City Attorney.

5. The property shall not be used for warehousing and distribution uses beyond the proposed

storage for off-season items for the Frattallone’s Hardware Inc. store operations.

Councilmember Holden asked how the parking lot would be improved.

Associate Planner Bachler explained that the parking lot would be resurfaced and restriped. He

reported that the new lighting and tree plantings will be installed in association with the County

Road E improvement project.

Councilmember Holden questioned if the Site Plan approval would remain with the property.

Associate Planner Bachler stated that the reduced number of parking stalls would remain only

with the proposed use. If the property was sold and the use changed, another Site Plan Review

process may be required.

Councilmember Holden inquired if a building permit would be required if the office or

unoccupied warehouse space were remodeled.

Associate Planner Bachler stated that a building permit would be required.

Mayor Grant recommended that Condition #3 be revised and that a Site Plan Review be required

if any changes were made to the building.

Councilmember Woodburn suggested that Condition #5 be removed.

Associate Planner Bachler indicated that warehousing was only allowed as an accessory use in

the B-2 Zoning District, which led staff to include Condition #5 in its recommendation for

approval. He commented that if warehousing were to become a more significant component or

use of the building, it could move away from being an accessory use to a principle use.


Further discussion ensued regarding the materials that would be stored in the warehousing area of

the building.

Councilmember Woodburn stated that he was struggling with why seasonal storage would be

allowed over another type of storage.

Councilmember Holmes indicated that the applicant has only requested storage of off-season

merchandise.

Mayor Grant asked that a representative of the applicant address the Council.

Tom Frattallone, 1900 Emerson Avenue South, explained that his family has done business in

Arden Hills for the past 40 years. He reported that he negotiated the purchase of the Carroll’s

Furniture building. He explained that spring and winter seasonal items would be stored at this

site.

Councilmember McClung discussed the County Road E improvement project. He asked if there

would be space on this property for a sidewalk.

Public Works Director Maurer commented that the decorative lighting and trees would be

included along the property, but there was not enough room for a sidewalk.

Councilmember Holmes recalled that she encouraged the applicant to speak with staff regarding

this matter at the Planning Commission meeting. She expressed concern as to why there was no

cooperation from the applicant.

Associate Planner Bachler indicated that there has been no further discussion between the

applicant and staff regarding this matter.

City Attorney Jamnik clarified that the City did not have proper easements for a sidewalk.

Councilmember Holden asked how many parking stalls were located in the existing parking lot.

Associate Planner Bachler commented that the City previously approved a Site Plan that

included 41 stalls. However, he was not aware of the number of existing stalls. He noted that the

proposed site plan would have 26 parking stalls.

Mayor Grant discussed the proposed office and warehousing uses for the property at 1203

County Road E. He recommended that if the additional unoccupied space on the site were to be

used for warehousing that the site be reconsidered to be solely a warehousing use.

Councilmember Holden questioned why the applicant proposed to have 26 parking stalls and

inquired if Frattallone’s would be expanding its office needs in the future.

Mr. Frattalone indicated that 26 stalls could adequately fit into the parking lot. He discussed his

vision for the future and anticipated that he would have 17 or 18 employees in the next 10 years.


Councilmember Woodburn asked why staff did not find it necessary to have a sidewalk running

through this property.

Mr. Frattalone noted that this was not part of the Site Plan Review process.

Public Works Director Maurer stated that he would be reaching out to the applicant when they

begin redoing their parking lot.

Councilmember Holden inquired if the applicant was willing to talk to the City about a sidewalk.

Mr. Frattalone indicated that this was an oddly developed property given the size of the structure

with its limited parking. He advised that he was one of the few people that could use the office

and storage space with the limited number of parking stalls. He had an issue with being forced to

place a sidewalk on the property given its current restraints.

MOTION: Councilmember Woodburn moved and Councilmember Holden seconded a

motion to approve Planning Case 14-035 for a Site Plan Review at 1203

County Road E to reduce the number of required parking spaces for the

proposed use of the property, based on the findings of fact and the submitted

plans, as amended by the five (5) conditions in the January 26, 2015, Report to

the City Council.

Mayor Grant suggested Condition #3 be amended to read that a Site Plan Review will be

required.

AMENDMENT: Mayor Grant moved and Councilmember McClung seconded a motion

to revise the language on Condition #3 to read that a Site Plan Review

will be required.

The amendment carried (5-0).

Councilmember Holden asked if Frattalone’s began using additional space than what was being

requested, if the applicant would have to notify the City.

Associate Planner Bachler stated that this was the case.

Councilmember Holden recommended that if any additional storage space were used over and

above 9,000 square feet that the applicant be required to make a request to the City.

City Attorney Jamnik advised that the Council could amend Condition #3 to include this

language.

AMENDMENT: Councilmember Holden moved and Councilmember Woodburn

seconded a motion to amend Condition #3 to include the following

language: that if any additional storage space were used over and

above the 9,000 square feet that the applicant be required to make a

request to the City.


Councilmember Holmes did not support this amendment and believed that Frattallone’s could

use the property as they wished.

Associate Planner Bachler reiterated that warehousing was only allowed as an accessory use in

the B-2 zoning district.

The amendment carried 4-1 (Holmes opposed).

Councilmember Holden asked how proof of parking would be managed by the applicant.

City Attorney Jamnik explained how the applicant would be responsible for securing proof of

parking with neighboring properties if their parking needs were to change.

The amended motion carried (5-0).

MOTION: Councilmember McClung moved and Mayor Grant seconded a motion to

extend the meeting 15 minutes. The motion carried 4-1 (Holden opposed).

9. UNFINISHED BUSINESS

A. 2015 PMP Final Plans and Specifications – Elfering and Associates Proposal

Public Works Director Maurer discussed a proposal from Elfering and Associates and

requested that the Council grant approval to assist staff with completing the 2015 PMP final plans

and specifications for the Crystal/Venus and Grant/Noble/Lake Lane neighborhood projects.

MOTION: Councilmember Holmes moved and Mayor Grant seconded a motion to

accept the proposal from Elfering and Associates to assist John Anderson,

Assistant City Engineer, with the preparation of plans and specifications and

the bidding process for the 2015 PMP (Crystal/Venus and Grant/Noble/Lake

Lane neighborhoods combined for bidding purposes) at hourly rates not to

exceed $160,000 in total cost. The motion carried (5-0).

10. COUNCIL COMMENTS

Councilmember Holmes noted that she would be out of town for work until March 16th

. She

stated that she would try and sit on the Council work sessions via phone. She requested that a

Councilmember attend the February and March Planning Commission meeting in her absence.

Councilmember Woodburn volunteered to attend the February and March Planning

Commission meetings.

Councilmember Holden asked what was happening with the gateway sign at Cleveland and

County Road D.

Public Works Director Maurer reported that staff would discuss this further with the Council at

their February 9th

work session.


Mayor Grant stated that the Roseville School Board has requested a representative from the City

attend a focus group on Thursday, February 5th

at 6:00 p.m. It appears that the district’s

superintendent is retiring and a focus group is being formed to discuss this matter. Seeing no

volunteers, he indicated that he would attend the focus group.

Councilmember Holden reported that she would not be able to attend the February 9th

Council

work session and regular meeting.

ADJOURN

MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to

adjourn. The motion carried unanimously (5-0).

Mayor Grant adjourned the regular City Council meeting at 10:15 p.m.

__________________________ __________________________

Amy Dietl David Grant

City Clerk Mayor



SPECIAL CITY COUNCIL WORK SESSION

FEBRUARY 2, 2015



Pursuant to due call and notice thereof, Mayor Grant called to order the special City

Council work session at 6:30 p.m.

Present: Mayor David Grant; Councilmembers Brenda Holden, Fran Holmes (via

telephone), Dave McClung, and Robert Woodburn

Absent: None


Community Development Director Jill Hutmacher; City Planner Ryan Streff; Associate

Planner Matthew Bachler; and City Clerk Amy Dietl

1. AGENDA ITEMS

A. TCAAP

Community Development Director Hutmacher indicated that the final draft of the TCAAP

Redevelopment Code (TRC) would be presented by staff this evening. She explained that

revisions based on Planning Commission and City Council comments over the past several

months have been incorporated. It was noted that representatives of Gateway Planning and

Kimley-Horn will review how developers, staff, and the Joint Development Authority (JDA) will

use the TRC to consider development projects.

Community Development Director Hutmacher stated that following the presentation of the

final draft TRC to the City Council, the City Council may choose to schedule additional review

meetings or work sessions prior to the Council’s tentative approval of the document. Once the

schedule is better defined, a longer-term schedule for the fit test and final approval will be

compiled. Public hearings for the TRC and Comprehensive Plan Amendment will be scheduled

following the completion of the fit study.

Brad Lonberger, Gateway Planning, presented the TRC and discussed the structure of the

document in further detail with the Council. He provided comment on how the TRC would be

utilized by future developers.

ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION – FEBRUARY 2, 2015 2

Councilmember Holden asked about access to the retail areas.

Community Development Director Hutmacher referred to the location of major intersections

on the Land Use Map.

Councilmember Woodburn asked about the long term success of permeable paving materials for

water infiltration.

Community Development Director Hutmacher noted that this could be a code enforcement

issue and that the permeable paving materials are limited to 20% of the permeable area

requirements.

Councilmember Holden asked about how the TRC would address the safety of birds flying

through this area.

Community Development Director Hutmacher noted that Attachment 7 would include the best

practices for bird-safe building guidelines.

Councilmember McClung asked where garbage hauling was addressed in the TRC.

Community Development Director Hutmacher stated that garbage hauling is included in the

City Ordinance and not in the TRC.

Michael Lamb, Kimley-Horn, discussed with the Council the technical requirements within the

TRC and reviewed several developments in the metro area that were fairly representative of what

the proposed code could deliver.

Councilmember Holden questioned how the TRC dealt with keeping the look of townhomes or

other multi-family units unique and interesting.

Community Development Director Hutmacher commented that this was a good question and

stated that staff would investigate this matter further to ensure that language was included to

address multi-family and townhome design standards.

Councilmember McClung supported having additional language within the code to keep the

townhouse units unique.

Mayor Grant recommended that building materials for residential homes be considered by the

Council prior to approving the TRC.

Councilmember Holden questioned how the City would address alleyways. She suggested that

associations be considered for the various neighborhoods.

Community Development Director Hutmacher noted that the TRC states that all alleyways

would be private.


Public Works Director Maurer reported that he has been in discussion with the County

regarding the potential Master Associations on TCAAP. He provided general comments on the

design requirements that would be included in the Public Works Design Manual.

Mayor Grant asked if this document would be completed prior to the Council approving the

TRC.

Community Development Director Hutmacher reported that this was a supplementary

document and would not be completed prior to the TRC being approved.

Councilmember McClung commented that it would be easier to change the appendix than the

full TRC.

Community Development Director Hutmacher stated that this was the case.

Further discussion ensued regarding homeowners associations and the future maintenance of

private streets within TCAAP.

Mr. Lamb stated that he believed that the TRC was trying to achieve higher standards within the

context of the market.

Mayor Grant stated that the Council would be in favor of having building materials that were

attractive and durable.

Councilmember Holden understood that hospitals had been removed from the code. She

suggested that language be included within the TRC stating that this was not a permissible use.

Community Development Director Hutmacher stated that because this use was not listed

within the TRC, it was not a permitted use. She noted that clinics would be allowed.

Councilmember Holden questioned if the Council wanted to allow homes to be 50 feet in height

at the peak of the roof in residential areas.

Mayor Grant requested further information on the required height for manufacturing companies

with clean rooms.

Staff and Council discuss the proposed clear height and warehousing requirements within the

TRC.

City Administrator Klaers reviewed the Council’s future meeting schedule and asked if the

Council still wanted to meet on Saturday, February 7th

. He indicated that Community

Development Director Hutmacher would not be able to attend on that date.

Mayor Grant asked if staff had any information on the fit test.

City Administrator Klaers commented that staff had spoken with the County regarding this

matter and it was uncertain at this time when the fit test would be completed.


Community Development Director Hutmacher explained that it has been communicated to the

County that the City would continue to work on the TRC in order to grant preliminary approval

prior to the fit test being started. She recommended that the Council have staff and the JDA

Attorney present when discussing the TRC.

Mayor Grant questioned if staff had any idea how long it would take to complete the fit test.

City Administrator Klaers estimated that the fit test would take 30 to 60 days. He noted that

Councilmember Holmes would be out of town through mid-March. He suggested that the

Council hold a work session the week of February 23rd

.

The Council agreed to meet on Tuesday, February 24th

and possibly Wednesday, February 25th

from 6:00 p.m. to 9:00 p.m. to further discuss the TRC.

Mayor Grant recommended that the Council provide staff with items that need research prior to

these meeting dates.

2. COUNCIL COMMENTS AND STAFF UPDATES

None.

ADJOURN

Mayor Grant adjourned the special City Council work session at 8:16 p.m.

__________________________ __________________________


City Clerk Mayor



SPECIAL CITY COUNCIL WORK SESSION

FEBRUARY 9, 2015

5:30 P.M. - ARDEN HILLS CITY HALL


Pursuant to due call and notice thereof, Mayor Grant called to order the special City

Council work session at 5:35 p.m.

Present: Mayor David Grant; Councilmembers Fran Holmes (via telephone), Dave

McClung, and Robert Woodburn

Absent: Councilmember Brenda Holden (excused)


and City Clerk Amy Dietl

1. AGENDA ITEMS

A. Municipal State Aid (MSA) System Update

Public Works Director Maurer provided the Council with an update on the MSA system. He

explained how the City received funds from gas and motor vehicle taxes on a yearly basis. He

reported that in 2014, $1.76 billion in State Transportation Funds were distributed per the State

Constitution as follows: 62% to MnDOT; 29% to counties; and 9% to MSA cities. He explained

that Arden Hills received $317,000 in MSA funds in 2014 and 25% of these dollars were allotted

to maintenance. The remaining 75% went into the City’s construction fund held at MnDOT.

Public Works Director Maurer went through the list of potential MSA eligible projects coming

up over the next year.

1. Round Lake Road (estimate remaining MSA eligibility) $267,000

2. Lexington Avenue (Ramsey County) $ 77,700

3. Lexington Avenue Right-of-Way (Ramsey County) $183,600

4. County Road E (City led) $487,000

5. Pine Tree Drive Sidewalk (part of CR E project) $ 43,600

6. I-35W/Hwy 96 Interchange (Ramsey County) $140,000

7. Lake Valentine Road Bridge (MnDOT) $150,000

8. Mounds View High School Trail (City led) $400,000

amy.dietl

Draft


Public Works Director Maurer indicated that these are the projects for which the Council

recently adopted a resolution asking for up to a $1.1 million interest-free advance from MnDOT.

Public Works Director Maurer reported that the built-up MSA construction funds balance

through 2014 were for the Snelling Avenue North mill and overlay and the Round Lake Road

reconstruction.

Mayor Grant stated that MSA funds can only be spent on MSA eligible expenses, projects and

designated routes.

Councilmember Holmes asked if an advance of $1.1 million was requested in 2015, if any future

advances could be requested.

Public Works Director Maurer explained that the City could advance up to five times its annual

allotment, or approximately $1.2 million.

Mayor Grant noted that MSA fund advancements were interest free.

Councilmember McClung supported requesting the advancement as it would help the City fund

its proposed capital improvement projects. He requested that staff provide the Council with a one

page map of the City’s MSA routes.

B. Mounds View High School Trail Update

Public Works Director Maurer stated that the Council has been discussing the possibility of

constructing a trail from the I-35W Bridge to Mounds View High School on Lake Valentine Road.

He explained that since MnDOT would be replacing the Lake Valentine Road (County Road F)

Bridge, the City had an opportunity to construct the trail in conjunction with this project. He

reported that the expense for the project would be $400,000, noting that the size of the retaining

wall has been reduced. He commented that curb and gutter along the road would be required. He

reported that MSA funds could be used for this project. He suggested that the Council take this

opportunity to complete the trail.

Councilmember McClung questioned the timing of the County Road F Bridge project.

Public Works Director Maurer reported that the project would be bid in late March with

construction beginning in April. The goal would be to have the new bridge in service for the start

of the new school year in the fall.

The Council supported staff proceeding with the Mounds View High School trail project.

C. Gateway Sign at Cleveland and County Road D Discussion

Public Works Director Maurer discussed the gateway sign at Cleveland and County Road D.

He explained that the vendor did not provide the City with a mock-up of the sign and, by mistake,

the sign was constructed using incorrect colors. The vendor has agreed to fix the mistake. He

suggested that the Council could leave the existing color of the sign and place a tan film over the


acrylic lettering/logo; or the Council could choose to paint the face of the sign the Arden Hills tan

and put green on the front and back of the acrylic logo. He reported that this work could not be

completed until warmer weather in the spring.

Councilmember McClung stated that he did not like the look of this sign. He recommended that

the sign at Cleveland and County Road D more closely reflect the other two gateway signs.

Mayor Grant agreed with this statement. He discussed the “haloing effect” that was taking place

on the sign.

Councilmember Woodburn believed that a light background should be used on the sign as it

would attract more attention at night. In addition, the light background would show off the City’s

logo better.

Further discussion ensued regarding options for the gateway sign.

Public Works Director Maurer stated that he would discuss options for the gateway sign with

the vendor and would report back to the Council before spring.

2. COUNCIL COMMENTS AND STAFF UPDATES

Councilmember Holmes discussed an email she received from David Sand last week regarding

potential roadway widths and striping in TCAAP. She recommended that staff respond to this

email.

Public Works Director Maurer commented that City streets were not typically striped and were

28 feet in width. He noted that roads with parking on both sides were 32 feet in width. He

reported that a determination on the spine road would be made by the County. He anticipated that

the lane width would be 11 feet.

Councilmember Holmes questioned how the Council should respond to JDA Chair Sand and his

email.

Public Works Director Maurer stated that he believed it would be most appropriate to respond

to Chair Sand in person.

ADJOURN

Mayor Grant adjourned the special City Council work session at 6:43 p.m.

__________________________ __________________________


City Clerk Mayor



REGULAR CITY COUNCIL MEETING

FEBRUARY 9, 2015



Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City

Council meeting at 7:00 p.m.

Present: Mayor David Grant, Councilmembers Dave McClung, and Robert

Woodburn

Absent: Councilmembers Brenda Holden (excused) and Fran Holmes (excused)


and City Clerk Amy Dietl

PLEDGE OF ALLEGIANCE

1. APPROVAL OF AGENDA


motion to approve the meeting agenda as presented. The motion carried

unanimously (3-0).

2. PUBLIC INQUIRIES/INFORMATIONAL

None.

3. STAFF COMMENTS

A. TCAAP Update

City Administrator Klaers stated that staff has met with Ramsey County and Kimley-Horn to

discuss the fit test which will be primarily comprised of two components:

1. An analysis of what could be built based on the current market, recent residential

developments, and the requirements of the draft TCAAP Redevelopment Code (TRC).

amy.dietl

Draft

ARDEN HILLS CITY COUNCIL – FEBRUARY 9, 2015 2

2. An analysis of what could be built that would meet the City Council’s vision for TCAAP,

but that would need additional flexibility from zoning regulations in the draft TRC.

Assuming that the City Council tentatively approves the draft TRC in late February, Kimley-Horn

believes that they would be prepared to present findings to the City Council in mid to late March.

It was noted that the JDA has set a special meeting for March 23rd

. Staff reported that the County

has the Rice Creek Commons website up and running.

City Administrator Klaers reviewed the upcoming meeting schedule noting that the Council

plans to meet as follows:

February 24 and 25, Special Work Sessions at 6:00 pm, Council Chambers

Final Review of TCAAP Redevelopment Code

Mayor Grant recommended that Kimley-Horn speak with Ehlers regarding the fit test to discuss

how Ehlers came up with their financial numbers for the TCAAP site.

4. APPROVAL OF MINUTES

A. December 8, 2014, Regular City Council

B. December 15, 2014, City Council Work Session

C. January 5, 2015, Special City Council Work Session

D. January 12, 2015, Special City Council Work Session

E. January 12, 2015, Regular City Council

Mayor Grant noted he had one minor change to the January 12, 2015, Regular City Council

meeting minutes.


motion to approve the December 8, 2014, regular City Council meeting

minutes, December 15, 2014, City Council work session minutes, January 5,

2015, special City Council work session minutes, January 12, 2015, and

special City Council work session minutes as presented; and the January 12,

2015, regular City Council meeting minutes as amended. The motion carried

unanimously (3-0).

5. CONSENT CALENDAR

A. Motion to Approve Consent Agenda Item - Claims and Payroll

MOTION: Councilmember McClung moved and Mayor Grant seconded a motion to

approve the Consent Calendar as presented and to authorize execution of all

necessary documents contained therein. The motion carried unanimously (3-

0).


6. PULLED CONSENT ITEMS

None.

7. PUBLIC HEARINGS

A. TCAAP Development Discussion Opportunity for Residents

Mayor Grant stated that under the public hearing section, citizens have an opportunity to discuss

ideas regarding the TCAAP development.

Mayor Grant opened the public hearing at 7:10 p.m.

With no one coming forward to speak, Mayor Grant closed the public hearing at 7:11 p.m.

8. NEW BUSINESS

A. County Road E Bid Award

Award Contract

Approve Cooperative Agreement with Ramsey County

Approve Elfering and Associates Contract for Construction Services

Public Works Director Maurer stated that the County Road E project bids were opened on

January 6, 2015. He discussed the details of the proposed improvement project noting that this

was a joint project between the City and Ramsey County. He reported that four bids were

received and the low bidder was Park Construction with a bid of $1,349,913.06. The City’s

portion of this bid would be $173,024.45, plus additional costs for overhead and Xcel Energy

lighting. Staff recommended that the Council award the County Road E contract to Park

Construction; approve a Cooperative Agreement with Ramsey County; and authorize accepting

the proposal from Elfering and Associates for construction services.

Mayor Grant asked if the City had worked with Park Construction in the past.

Public Works Director Maurer indicated that both the County and Elfering and Associates have

had a positive work history with Park Construction.


motion to adopt Resolution #2015-011 – Awarding the County Road E Area

Improvement contract project to Park Construction. The motion carried (3-

0).


motion to approve the Cooperative Agreement PW2015-02 with Ramsey

County for funding of their share of the County Road E Area Improvement

Project. The motion carried (3-0).



motion to authorize accepting the proposal from Elfering and Associates for

construction services on an hourly basis not to exceed $99,360. The motion

carried (3-0).

9. UNFINISHED BUSINESS

None.

10. COUNCIL COMMENTS

Councilmember McClung explained that the Friends of the Park annual tree sale was taking

place at this time. He encouraged residents to take part in this wonderful community event.

Mayor Grant stated that he toured the Pulte Homes development in New Brighton and a

Mattamy development in North Oaks this past weekend.

ADJOURN

MOTION: Councilmember Woodburn moved and Councilmember McClung seconded a

motion to adjourn. The motion carried unanimously (3-0).

Mayor Grant adjourned the regular City Council meeting at 7:25 p.m.

__________________________ __________________________


City Clerk Mayor

of 1

DATE: March 9, 2015 TO: Honorable Mayor and City Council Members

Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services,

Ashley Bertrand, Accounting Analyst SUBJECT: Claims & Payroll

Requested Action:

1. Motion to Approve Consent Agenda Item – Claims and Payroll Supporting Documents:

Payroll

2015 Payroll #5 ...................................................................................... $ 81,161.66

Total Payroll $ 81,161.66

Accounts Payable Claims Through 03/06/2015

Paid Claims (Check No 44464-Check No 44472) ................................. $ 53,672.83

Paid Claims (Check No 44474-Check No 44477) ................................. $ 81,618.81

Total Accounts Payable $ 135,291.64

Total Claims $ 216,453.30

CONSENT ITEM - 6A

MEMORANDUM

CITY OF ARDEN HILLSPAYROLL # 5CHECKS DATED: 02/27/15Biweekly: 02/07/15 - 02/20/15

EMPLOYEE DEDUCTIONS AMT. Payment Method

FIT 6,179.70 EFTSIT 2,547.33 EFTFICA Oasdi 4,035.07 EFTFICA Medicare 943.70 EFTTOTAL TAXES 13,705.80

Health Premium 2,061.28 A/P Check*Dental Premium A/P Check*FSA Health Care Reimb. 275.00 A/P Check*FSA Dependent Care Reimb. 370.83 A/P Check*TOTAL FLEXIBLE SPENDING 2,707.11

HSA Health Saving 1,742.35Health Care Savings Plan EFTHealth Care Savings Plan-2% 261.80 EFTHealth Care Savings Plan-4% 171.73 EFTTOTAL HEALTH SAVINGS 2,175.88

PERA 4,059.23 EFTICMA 4,972.40 EFTCentral Pension Fund-Union 614.40 A/P Check*MN State Retirement System 342.85 EFTTOTAL RETIREMENT 9,988.88

IUOE 49 Dues (Union) 132.00 A/P Check*LTD/STD Insurance 30.00 A/P Check*PERA Life Insurance 32.00 A/P Check*

CITY BENEFIT

4,035.07943.70

4,978.77

1,230.8642.53

1,273.39

0.00

0.00

4,683.72358.08

5,041.80

PERA Life Insurance 32.00 A/P CheckLife/Addl/Dep Life 124.45 A/P Check*Public Employee Long Term Care 93.72 A/P Check*UNUM 42.55 A/P Check*AFLAC 257.62 EFTAvesis-Vision Care 5.22 A/P Check*TOTAL VOLUNTARY 717.56

Total Employee Deductions 29,295.23Net Payroll 0.00Direct Deposit 40,568.77 EFTGross Payroll Tie-Out 69,864.00STD/LTD Gross - Up 0.00Plus City Paid Benefit 11,297.66ICMA Benefit Held 0.00TOTAL PAYROLL COST 81,161.66

FICA TIE-OUTGross Payroll 69,864.00Less Total FSA 2,707.11Plus Employer Match ICMA 0.00Plus ICMA Benefit Held 0.00Net P/R Subject to FICA 67,156.89FICA Oasdi @ 6.20% 4,035.07FICA Medicare @ 1.45% 943.70

Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the "Taxtel" Electronic Tax Deposit Service. Trans- fers are typically made two business days after the payroll date.

* A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report. Checks may be paid this week or the following week.

3.70

3.70

Accounts Payable

User:

Printed:

ashley.bertrand

3/6/2015 12:01 PM

Checks by Date - Detail by Check Date

Check No Check DateVendor NameVendor No Check Amount

Invoice No ReferenceDescription

0189 Gopher State One-Call, Inc. 02/27/2015ACH131918 January 2015 Locates January 2015 Locates 38.58

131918 January 2015 Locates January 2015 Locates 38.57

77.15Total for this ACH Check for Vendor 0189:

0225 Lillie Suburban Newspapers 02/27/2015ACH01302015-LSN January 2015 Publications-PC 15-001 January 2015 Publications 40.95

01302015-LSN January 2015 Publications-2015 PMP January 2015 Publications 184.48

01302015-LSN January 2015 Publications-PC 15-002 January 2015 Publications 44.10

01302015-LSN January 2015 Publications-PC 14-036 January 2015 Publications 40.95


0292 Oxygen Service Company, Inc. 02/27/2015ACH03291982 January 2015 PW Rental January 2015 PW Rental 16.12


0320 Health Partners 02/27/2015ACH56083367 March 2015 Dental Insurance Premiums March 2015 Dental Insurance Premiums 1,155.75

1,155.75Total for this ACH Check for Vendor 0320:

0323 Pro-Tec Design, Inc. 02/27/2015ACH69792 Access Card Repair Access Card Repair 367.50


0382 ICMA Retirement Trust - 106944 02/27/2015ACHPR Batch 00200.02.2015 ICMA Employer Percent 401PR Batch 00200.02.2015 ICMA Employer Percent 401 358.08

PR Batch 00200.02.2015 ICMA Employee Percent 401PR Batch 00200.02.2015 ICMA Employee Percent 401 310.34


0387 ICMA Retirement Trust- #302482 02/27/2015ACHPR Batch 00200.02.2015 ICMA Employee PercentPR Batch 00200.02.2015 ICMA Employee Percent 523.98

PR Batch 00200.02.2015 ICMA Employee DeductionPR Batch 00200.02.2015 ICMA Employee Deduction 4,138.08


0750 Verizon Wireless 02/27/2015ACH9740171635 Jan/Feb 2015 Cell Phone Charges Jan/Feb 2015 Cell Phone Charges 120.06

9740388472 Jan/Feb 2015 Cell Phone Charges Jan/Feb 2015 Cell Phone Charges 938.62


0823 David Scherbel 02/27/2015ACH02202015-DS February 2015 Mileage Reimbursement February 2015 Mileage Reimbursement 46.00


Page 1AP Checks by Date - Detail by Check Date (3/6/2015 12:01 PM)

http://ssi.NET?action=object&object=APVendor&id=0189











1252 Campbell Knutson - Attorneys at Law 02/27/2015ACH3231G-0115 January 2015 Legal Fees-TCAAP January 2015 Legal Fees 70.00

3231G-0115 January 2015 Legal Fees-2015 PMP January 2015 Legal Fees 140.00

3231G-0115 January 2015 Legal Fees-PC 14-032 January 2015 Legal Fees 210.00


3231G-0115 January 2015 Legal Fees-TCAAP January 2015 Legal Fees 630.00

3231G-0115 January 2015 Legal Fees-Recycling January 2015 Legal Fees 147.00



3231G-0115 January 2015 Legal Fees-EDA January 2015 Legal Fees 140.00

3231G-0115 January 2015 Legal Fees-Admin January 2015 Legal Fees 910.00

3231G-0115 January 2015 Legal Fees-Lexington/Cty Rd F January 2015 Legal Fees 70.00

3231G-0115 January 2015 Legal Fees-TAT Appeal January 2015 Legal Fees 140.00

3231G-0115 January 2015 Legal Fees-Elections January 2015 Legal Fees 70.00



3231G-0115 January 2015 Legal Fees-P&Z January 2015 Legal Fees 105.00




3231G-0115 January 2015 Legal Fees-Round Lake Road January 2015 Legal Fees 597.67

3231G-0115 January 2015 Legal Fees-TAT January 2015 Legal Fees 420.00




5648 Matthew Bachler 02/27/2015ACH02202015-MB February 2015 Mileage Reimbursement February 2015 Mileage Reimbursement 14.95


6129 Fast Signs 02/27/2015ACH204-39386 Name Plates-Neururer Name Plates-Neururer 12.50


6349 Mary Nosek 02/27/2015ACH15-001 Jan/Fen 2015 AH Notes Jan/Fen 2015 AH Notes 120.00


7501 Kelly & Lemmons, P.A. 02/27/2015ACH42034 January 2015 Prosecution January 2015 Prosecution 2,455.63


1302 Meyer Contract Inc. 02/27/20154446402232015-MC Round Lake Road Payment #7 Round Lake Road Payment #7 4,864.07

02232015-MC Round Lake Road Payment #7 Round Lake Road Payment #7 4,926.43

02232015-MC Round Lake Road Payment #7 Round Lake Road Payment #7 21,389.43

31,179.93Total for Check Number 44464:

TAHI Angellar Home Imporvement 02/27/20154446502232015-TA January 2015 Mileage Reimbursement City Hall Repair 52.95

52.95Total for Check Number 44465:

6896 APA Minnesota 02/27/201544466263064-1514 Hutmacher 2015 Dues Hutmacher 2015 Dues 400.00








http://ssi.NET?action=object&object=APVendor&id=TAHI





7043 Fourth Dimension Signs 02/27/2015444672468 Gateway Sign Gateway Sign 5,015.00


4445 Pioneer Rim and Wheel Co. 02/27/2015444681-277928 PW Parts PW Parts 119.75

1-277929 PW Parts PW Parts 31.04


1208 Premium Waters, Inc 02/27/201544469610207-01-15 January 2015 City Hall Supplies January 2015 City Hall Supplies 46.18

613317-01-15 January 2015 City Hall Supplies January 2015 City Hall Supplies 113.68


1193 SelectAccount 02/27/2015444701074929 Jan/Fen 2015 Participant Fees Jan/Fen 2015 Participant Fees 78.07


0327 Staples Business Advantage 02/27/2015444713255361343 Office Supplies Office Supplies 135.52


0576 TimeSaver Off Site Secretarial 02/27/201544472M21060 01/12 CC Mtg 01/12 CC Mtg 364.00


53,672.83Total for 2/27/2015:

0319 City of Roseville 03/06/2015444740219968 Q4 2014 Water Bill Q4 2014 Water Bill 19,331.20


8081 Kimley-Horn and Associates, Inc 03/06/2015444756337152 TCAAP CP Sewer Plan Review TCAAP CP Sewer Plan Review 13,060.00


NSCC North Suburban Communications Commission03/06/20154447614-488 2015 City Contribution 2015 City Contribution 23,350.46


0716 Springbrook Software 03/06/201544477INV29628 2015 Annual Maintenance Agreement 2015 Annual Maintenance Agreement 25,877.15


81,618.81Total for 3/6/2015:










http://ssi.NET?action=object&object=APVendor&id=NSCC




Report Total (27 checks): 135,291.64


CONSENT ITEM – 6B

MEMORANDUM

DATE: March 9, 2015 TO: Honorable Mayor and City Council Patrick Klaers, City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #13-017 Applicant: 1201 County Road E LLC and TAT Properties LLC Property Location: 1201 West County Road E Request: Planned Unit Development Amendment and Second Amendment to

Development Contract and Planned Unit Development Agreement Requested Action Motion to approve Resolution 2015-021, in Planning Case 13-017, for a Planned Unit Development at 1201 County Road E, based on the submitted plans and findings of fact in the January 27, 2014, Report to the City Council, as amended by the Settlement Agreement approved by the City Council on February 23, 2015. Motion to approve the Second Amendment to the Development Contract and Planned Unit Development Agreement for 1201 County Road E based on the March 9, 2015, City Council approval of Planning Case 13-017. Discussion At the Regular Meeting on February 23, 2015, the City Council approved a motion accepting a Settlement Agreement entered into by and between the City and TAT Properties, LLC and 1201 County Road E, LLC regarding Planning Case 13-017. The terms of this Agreement state that the Developer’s application for a Planned Unit Development Amendment be presented to the City Council for approval by March 9, 2015, along with a Developer’s Agreement regarding the application. The development plans for the PUD Amendment in Planning Case 13-017 were presented to the City Council by staff on January 27, 2014. These plans have been incorporated by reference in City of Arden Hills City Council Meeting for March 9, 2015 P:\Planning\Planning Cases\2013\PC 13-017 - PUD Amendment_1201 County Road E - Goodwill\Memos_13-017

Page 1 of 2

the Developer’s Agreement under Section 2 – Conditions of PUD Amendment Approval, Paragraph B. With the approval of the Settlement Agreement, the application was modified to reflect the redesign of the development proposal as depicted in Exhibit A. The Developer’s Agreement states that the Developer will update its plans, as necessary, to incorporate the redesign that is depicted in Exhibit A of the Settlement Agreement. The revised plans will be subject to City approval before the commencement of any work on the site. The City Attorney has drafted the Developer’s Agreement document, which is included in Attachment B. TAT Properties, LLC and 1201 County Road E, LLC have reviewed and signed the Agreement. Recommendation Staff is recommending approval of Resolution 2015-021, in Planning Case 13-017, for a Planned Unit Development at 1201 County Road E, based on the submitted plans and findings of fact in the January 27, 2014, Report to the City Council, as amended by the Settlement Agreement approved by the City Council on February 23, 2015. Staff is recommending approval of the Second Amendment to the Development Contract and Planned Unit Development Agreement for 1201 County Road E based on the March 9, 2015, City Council approval of Planning Case 13-017. Attachments

• Attachment A: Resolution 2015-021 – Resolution Approving Planning Case 13-017 for a Planned Unit Development Amendment at 1201 County Road E

• Attachment B: Second Amendment to Development Contract and Planned Unit Development Agreement

City of Arden Hills City Council Meeting for March 9, 2015 P:\Planning\Planning Cases\2013\PC 13-017 - PUD Amendment_1201 County Road E - Goodwill\Memos_13-017

Page 2 of 2

CITY OF ARDEN HILLS COUNTY OF RAMSEY

STATE OF MINNESOTA

RESOLUTION NO. 2015-021 RESOLUTION APPROVING PLANNING CASE 13-017 FOR A PLANNED UNIT

DEVELOPMENT AMENDMENT AT 1201 COUNTY ROAD E

WHEREAS, the Planning Case 13-017 for a Planned Unit Development Amendment at 1201 County Road E is now before the City Council for review and approval addressing the construction of a 17,743 square foot retail building, along with related parking and landscape improvements on the southeast corner of the site; and

WHEREAS, the Planning Commission held a public hearing on January 8, 2014, and reviewed the application, submitted documentation, staff’s recommendation, and public comments regarding Planning Case 13-017, and recommended approval (5-1) for the application; and

WHEREAS, the City Council reviewed the complete application, submitted

documentation, and Planning Commission recommendation regarding Planning Case 13-017; and

WHEREAS, the City Staff have recommended approval of Planning Case 13-017

for a Planned Unit Development Amendment at 1201 County Road E.

NOW, THEREFORE, BE IT RESOLVED that Planning Case 13-017 for a Planned Unit Development Amendment at 1201 County Road E be approved, subject to the conditions included in the January 27, 2014, Report to the City Council, as amended by the Settlement Agreement approved by the City Council on February 23, 2015.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 9th DAY OF MARCH, 2015.

____________________________________ ATTEST: David Grant, Mayor __________________________________________ Patrick Klaers, City Administrator

matthew.bachler

Text Box

Attachment A

(reserved for recording information)

SECOND AMENDMENT

TO DEVELOPMENT CONTRACT

AND PLANNED UNIT DEVELOPMENT AGREEMENT

1201 COUNTY ROAD E ARDEN HILLS

SECOND AMENDMENT TO DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT

AGREEMENT (“Second Amendment”) dated ____________________, 2015 (“Effective Date”), by and

between the CITY OF ARDEN HILLS, a Minnesota municipal corporation (“City”); and TAT PROPERTIES,

LLC, a Minnesota limited liability company, and 1201 COUNTY ROAD E, LLC, a Minnesota limited liability

company (collectively the “Developer”).

1. BACKGROUND. A Master Planned Unit Development (“Master PUD”) was approved by the City

on December 21, 2012 in Planning Case 12-019, for the property located at 1201 County Road E, City of

Arden Hills, County of Ramsey, State of Minnesota, and legally described as follows (“Site”):

All that part of the South ½ of the Southeast ¼ of the Southeast ¼, Section 27, Township 30, Range 23, lying between the Northerly right of way limits of U.S. Highway No. 10, and the Southerly right of way limits of the Minneapolis, St. Paul and Sault Ste. Marie Railroads, and the Westerly right of way limits of Lexington Avenue and Easterly of the West 250 feet of said Southeast ¼ of the Southeast ¼ of

1 180498v2

matthew.bachler

Text Box

Attachment B

Section 27, Township 30, Range 23, according to the plat thereof on file or of record in the office of County Recorder, Ramsey County, Minnesota.

The Master PUD authorized the redevelopment or repurposing of the existing 56,369 square

foot building for 74 residential apartments and approximately 20,000 square feet of retail space.

On February 11, 2013, the City and Developer entered into a Development Contract and Planned

Unit Development Agreement (“Agreement”). That Agreement was filed of record with Ramsey County

on February 22, 2013 as Document No. 4386982

On July 16, 2013, following application and approval in Planning Case 13-009, the City and

Developer entered into a First Amendment to Development Contract and Planned Unit Development

Agreement (“First Amendment”) to adopt a sign plan for the Site. That First Amendment was filed of

record with Ramsey County on August 9, 2013 as Document No. 4416978.

Following application by the Developer and approval by the City Council on March 9, 2015 in

Planning Case 13-017, the Developer and the City now enter into this Second Amendment to the approved

Master PUD to construct a second, 17,743 square foot retail building, along with related parking and

landscape improvements on the southeast corner of the Site.

2. CONDITIONS OF PUD AMENDMENT APPROVAL.

A. The City hereby grants approval to the Developer’s requested Master PUD Amendment

provided, and on condition that, the Site shall be developed in accordance with the Master PUD and

Amendments, this Agreement, the Application and Supporting Materials (Application and Supporting

Materials, Exhibit A), the terms and conditions accompanying Council approval (City Resolution No. 2015-

021, Exhibit B), and the approved Plans (identified as Plans A through K).

B. Any significant changes to the Plans, as reasonably determined by the City Planner, shall

require review and approval by the Planning Commission and City Council. The Plans shall not be

attached to this Agreement. The Plans will be prepared and submitted to the City for approval. The City

2 180498v2

must approve the Plans before commencement of any work on the Site. If a conflict exists between this

Agreement, the Plans, Application, Resolution or Supporting Materials, the conflict will be resolved

according to the following priority: the written terms of this Agreement shall control, then the Plans,

Resolution, Supporting Materials and Application. The Developer will update its plans, as necessary, to

incorporate the re-design that is depicted in Exhibit A to the Settlement Agreement approved by the City

Council on February 23, 2015. Additional required Plans are:

Plan A – Title Sheet, Notes, and Legend (C0) dated 09/09/13, as revised on 11/27/13

Plan B – Grading, Drainage, and Erosion Control Plan (C1) dated 09/09/13, as revised on

01/15/14

Plan C – Utility Plan (C2) dated 09/09/13, as revised on 01/15/14

Plan D – Details (C3) dated 09/09/13, as revised on 01/15/14

Plan E – Site Plan (AS 100) dated 09/09/13, as revised on 11/27/13

Plan F – Landscape Plan (AL 100) dated 09/09/13, as revised on 11/27/13

Plan G – Floor Plan (A100) dated 09/09/13, as revised on 11/27/13

Plan H – Elevations – Goodwill Proposed Option (A200) dated 09/09/13, as revised on

11/27/13

Plan I – Perspective Views (A300) dated 09/09/13, as revised on 11/27/13

Plan J – Colored Rendering dated 12/18/13

Plan K – Lighting and Photometric Plan dated 12/16/13

C. A lighting and photometric plan shall be reviewed within ten (10) days of their

submission and approved by the City staff and the Ramsey County Sheriff prior to issuance of a building

permit.

D. The Plans shall be subject to Fire Marshall and Ramsey County Sheriff approval prior to

issuance of a building permit.

3 180498v2

3. TIME FOR PERFORMANCE. The Developer shall obtain a building permit by March 9, 2016 or the

City’s approval shall expire unless extended by approval from the City Council. An extension request

must be submitted in writing to the City at least forty-five (45) days prior to the expiration date.

4. FINANCIAL SECURITY. The applicant shall submit a financial surety in the amount of 125

percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the

issuance of a grading and erosion control permit. The financial surety shall be in the form of a letter of

credit issued by a FDIC-insured Minnesota bank, and be in a form acceptable to the City. The purpose of

the letter of credit is to ensure that site improvements are completed in the event that the developer

defaults on the Development Agreement. The letter of credit shall be released upon the issuance of a

Certificate of Occupancy.

Pursuant to and consistent with the policy adopted by the Council, when the applicant applies

for a grading and erosion control permit it will be required to submit a cash escrow in the amount of

$3,675 per acre of area measured by the size of the area to be disturbed for this project rather than by

the size of the parcel, to be drawn upon to reimburse the City for hourly charges to the City by the

Ramsey County Conservation District arising from its oversight of the grading and erosion-control-

related operations on the site. Those funds remaining in the escrow after the Conservation District

submits its final bill shall be returned within thirty (30) days of the City’s receipt of that invoice.

The applicant shall submit a financial surety in the amount of 200 percent of the estimated

costs of landscaping prior to the issuance of a grading and erosion control permit. The financial surety

shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank. The purpose of the

letter of credit is to ensure that landscaping is completed in the event that the developer defaults on

the Development Agreement. The City will hold the letter of credit for two (2) years after the

installation of landscaping. The letter of credit should not expire during the two-year period.

4 180498v2

5. DEVELOPER INSTALLED IMPROVEMENTS. The Developer shall install and pay for the following at

the Site:

A. Private Sanitary Sewer Connections B. Private Water Connections C. Private Storm Sewer Connections

D. Private Drive Aisles and Parking Lots, including the “pork chop Island” in the eastern access.

E. Concrete Curb and Gutter F. Site Grading, Ponding and Erosion Control G. Landscaping H. Underground Utilities

Subject to the terms of this Agreement, the Improvements shall be installed in accordance with

City ordinance and policies, this Agreement and the Plans. Work on the Site shall comply with any City

regulations prohibiting grading, construction activity, and the use of power equipment between the

hours of 9 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 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

reasonable instructions received from the City's inspectors which are not contrary to this Agreement and

are in accordance with State law and the applicable building codes. The Developer's representative shall

provide for on-site project management. The Developer's representative is responsible for design changes

and contract administration. The Developer or its representative shall schedule a pre-construction meeting

at a mutually agreeable time at the City Hall with all parties concerned, including the City staff, to review

the program for the construction work. Within thirty (30) days after the completion of the Improvements

and before the Security is released, the Developer shall supply the City with a complete set of full sized

5 180498v2

mylar as built site plans, Autocad digital files of as built site plans based upon the Ramsey County

coordinate system, and a PDF version of as built site plans, all prepared in accordance with City standards.

Promptly after completion of the Improvements in accordance with this Agreement and the

Developer satisfying the requirements of this Section, the City will furnish the Developer with a Certificate

of Completion in recordable form substantially in the form of Exhibit C. Such Certificate of Completion

shall be a conclusive determination of satisfaction and termination of the agreements and covenants in

this Agreement with respect to the Developer’s obligations to construct the Improvements (but not the

obligations related to the shared access, the sidewalk easement and payment, or the County roadway

easement). If the City shall refuse or fail to provide a Certificate of Completion in accordance with the

provisions of this Section, the City shall, within ten (10) days after written request by the Developer,

provide the Developer with a written statement, indicating in adequate detail in what respects the

Developer has failed to complete the Improvements in accordance with the provisions of the Agreement,

or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the

Developer to perform in order to obtain a Certificate of Completion.

6. CITY INSTALLED IMPROVEMENTS. The City shall complete a sidewalk segment along the north

side of County Road E from Lexington Avenue to the east side of the western driveway into 1201 County

Road E property ("Sidewalk Improvements"). The City is currently holding $50,000 in escrow from the

property owner for the completion of the Sidewalk Improvements by the City pursuant to the provisions of

Section 20 of the Development Contract and Planned Unit Development Agreement, dated February 11,

2013, which provisions are incorporated herein by reference. In the event that the cost of the Sidewalk

Improvements was less than $50,000, the City will immediately return to the applicant the unused portion

of the $50,000 escrow. The City and the applicant further acknowledge the need for cooperation and

coordination of the applicant’s work on the site, the City’s work on the Sidewalk Improvements, and

6 180498v2

Ramsey County’s work within the right-of-way of County Road E, in order for all such work to be

completed efficiently.

7. BUILDING AND SITE DESIGN AND PERFORMANCE STANDARDS. The Developer shall comply with

all City ordinances regarding the building and landscaping. In addition, Developer and its successors shall

comply with the following:

A. All spandrel glass used on the retail building shall be light grey or other color that closely

matches the appearance of the transparent glass being used.

B. Roof-mounted mechanical equipment shall be completely screened from the ground-level

view of adjacent properties and public streets.

C. The property owner shall coordinate with the City to ensure that any plantings in the

gateway sign easement area do not conflict with the City's use of the easement.

D. The metal screen and gate around the loading area shall be light tan to match the color of

the brick used on the building façade.

E. The four (4) dashed parking spaces as shown on the AS100 Site Plan shall be removed in

order to accommodate truck maneuvering on site and access to the loading area.

F. Semi-trailer trucks may not enter or exit the eastern access to County Road E. The

property owner (and any successors) and its tenants are jointly responsible for notifying affiliates of the

tenant and vendors serving the property of this prohibition, and taking any further reasonable and

necessary steps needed to secure their compliance.

G. In addition to the on-site wayfinding signage required above, the eastern access from

County Road E must be posted with signs indicating trucks may not turn into that access.

H. Any future subdivision of the property at 1201 County Road E shall be conditioned on the

prohibition of direct access to Lexington Avenue or new access to County Road E.

I. A fire hydrant shall be located within 150 feet of F.D.C.

7 180498v2

J. A Fire Department lock box shall be provided on the site.

K. Upon completion of grading and utility work on the site, a grading as built and utility as

built shall be provided to the City for review.

L. The applicant shall provide the City with a copy of the NPDES construction permit required

for the site.

M. The applicant shall acquire a Right-of-Way permit from Ramsey County for any work

completed in the County Road E and Lexington Avenue Right-of-Way.

N. On-site wayfinding signage shall be installed to clearly identify the donation drop-off

location, and to indicate that semi-trailer trucks may not exit the eastern access from County Road E.

8. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all

necessary permits, which may include:

• Minnesota Department of Health for Watermains • Right-of-Way Permit from Ramsey County • MPCA Sanitary Sewer Extension Permit • MPCA-NPDES Construction Stormwater Permit • DNR for Dewatering • Rice Creek Watershed District Permit • City of Arden Hills Grading and Erosion Control Permit • City of Arden Hills Building Permits

Copies of all permits, except those issued by the City, shall be provided to the City by the Developer. 9. 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.

8 180498v2

10. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a

temporary license to enter and to perform all work and inspections deemed appropriate by the City in

conjunction with the redevelopment of the Site.

11. EROSION CONTROL. Prior to initiating any other work on the Site, the erosion control measures

shown on Plan B shall be in place 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 restored in accordance with the requirements of all applicable permits including MPCA,

NPDES, Arden Hills Grading and Erosion Control, and RCWD construction permits. All landscape plan

grassed areas shall be seeded, fertilized, mulched, and disc anchored as necessary for seed retention, or

sodded. 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 written instructions received from

the City, the City may take such action as it deems appropriate to control erosion. The City will 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 thirty (30) days, the City may draw down the letter of credit to pay any

such costs. No development, utility or street construction will be allowed and no building permits will be

issued unless the Site is in full compliance with the approved erosion control plan.

12. GRADING PLAN. The Site shall be graded in accordance with the approved grading development

and erosion control plan, Plan "B". The plan shall conform to City of Arden Hills specifications. Prior to the

Developer obtaining a certificate of occupancy, 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

storm sewers have been constructed in accordance with the Plans. Notwithstanding the foregoing, the

City may issue building permits to the Developer, prior to completion of all grading, provided the City

Engineer has determined that adequate erosion control measures are in place. The "as built" site plans

9 180498v2

shall include field verified elevations of the following: a) cross sections of privately built ponds; and b)

location and elevations along all swales, wetlands, wetland mitigation areas if any, storm sewers, locations

and dimensions of borrow areas/stockpiles, and other Improvements as shown on Plan “B”.

13. 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 the

Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning,

and street sweeping.

14. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer

shall pay all applicable permit fees and city costs of administration, inspection and consultants. Developer

shall provide a $10,000 escrow, which is separate and in addition to any other escrow funds for this

development.

15. CLAIMS. In the event that the City receives claims from labor, material, or others that work to

complete the sanitary sewer, watermain, erosion control, landscaping and irrigation required by this

Agreement has not 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 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.

16. SANITARY SEWER, WATER AND STORM SEWER TRUNK FEES. There will be no trunk fees due.

17. PARK DEDICATION. There are no park dedication or park fee requirements for the

development. Future subdivision or development of the property may be conditioned on park

dedication or park fee requirements.

10 180498v2

18. LANDSCAPING. Landscaping and irrigation shall be installed on the Site in accordance with the

approved Landscape Plan. The Developer shall submit a financial surety as specified above. The City

shall retain the financial surety for at least two (2) years after full implementation of the landscaping

plan; provided, however, that if the Landscaping is acceptable on the first anniversary of full

implementation, the City will permit Developer to reduce the financial surety by 50%. The financial

surety shall only be released upon successful inspection of the landscaping by the City Planner, which

shall only occur during the growing season.

19. RESPONSIBILITY FOR COSTS.

A. Except as otherwise specified herein, the Developer shall pay all reasonable costs incurred

by it or the City in conjunction with the development of the Site. The City will provide monthly invoices to

the Developer for any costs incurred by the City. Notwithstanding the foregoing, the City shall not seek in

the future to recover its legal or expert fees and expenses incurred regarding the site of this project,

except for those fees and expenses for legal or expert services, if any, necessary to remedy a default of one

or more obligations of Developer arising from the Agreement, Amendment or this Second Amendment.

B. The Developer shall hold the City and its officers, employees, and agents harmless from

claims made by itself and third parties for damages sustained or costs incurred resulting from Developer’s

or its agents’ negligent actions. The Developer shall indemnify the City and its officers, employees, and

agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,

including attorneys' fees (but only if Developer fails to indemnify in accordance with the preceding

sentence).

C. Each party shall reimburse the other for reasonable costs incurred in the enforcement of

this Agreement, including engineering and attorneys' fees.

D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred

under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may

11 180498v2

halt development and construction until the bills are paid in full. If Developer disputes a bill in good faith,

the parties will attempt to negotiate a resolution in good faith and the City may allow the Developer to

continue to make Improvements during such negotiations. Undisputed bills not paid within thirty (30) days

shall accrue interest at the rate of eighteen percent (18%) per year.

20. DEVELOPER’S DEFAULT. In the event of default by the Developer and continuing for thirty (30)

days after written notice of default is served on Developer by the City as to any of the sanitary sewer,

watermain, erosion control, landscaping and irrigation 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.

21. MISCELLANEOUS.

A. Third parties shall have no recourse against the City or Developer under this Agreement.

B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of

building permits.

C. 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.

D. The action or inaction of either party 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 failure to promptly take legal action to

enforce this Agreement shall not be a waiver or release.

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E. This Agreement shall run with the land and will be recorded against the title to the Site.

The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee

title of the Site.

F. 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

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.

G. Prior to issuance of the initial Certificate of Occupancy, the Developer may not assign this

Agreement without the written permission of the City Council. The Developer's obligation hereunder shall

continue in full force and effect against successors or assigns of Developer if the Developer sells the entire

development, or any part of it. If a successor or assign of Developer assumes all obligations of Developer

remaining pursuant to this Agreement in a writing delivered to the City, the City will release Developer

from this Contract or any part of it.

H. The Developer and any successors must give the City thirty (30) days advance notice

before the commencement of a new or different user or use of the property.

22. 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

addresses: TAT Properties, LLC, c/o The Davidson Companies, Inc., Attn: Rob Davidson, 3900

Northwoods Drive Suite 125, St. Paul, Minnesota 55112; and 1201 County Road E, LLC, c/o StuartCo, Attn:

Stuart Nolan, 1000 West 80th Street, Bloomington, Minnesota 55420. 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

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of the City Administrator at the following address: Arden Hills City Hall, 1245 Highway 96 West, Arden

Hills, Minnesota 55309.

23. INSURANCE. The Developer will provide and maintain, or cause to be maintained, at all times

during the process of constructing the Improvements and, from time to time at the request of the City,

and will furnish the City with proof of payment of premiums on:

(1) Workers’ compensation insurance, required by law, if any; and (2) Comprehensive general liability insurance. The City shall be named as an additional insured on the general liability coverage to the extent of its

interest and the City shall be protected in form and content reasonably satisfactory to the City. All

insurance required in this Section shall be taken out and maintained with responsible insurance companies

selected by the Developer which are authorized under the laws of the State to assume the risks covered

thereby. If possible, each policy shall contain a provision that the insurer shall not cancel it without giving

prior written notice to the Developer and the City. Not less than fifteen (15) days prior to the expiration of

any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been

renewed or replaced by another policy conforming to the provisions of this Section, or that there is no

necessity therefore under the terms hereof. In lieu of separate policies, the Developer may maintain a

single policy, blanket or umbrella policies or a combination thereof, having the coverage required herein, in

which event the Developer shall deposit with the City a certificate or certificates of the respective insurers

as to the amount of coverage in force upon the Improvements.

24. Force Majeure. Neither party shall be liable to the other for delay in any performance or failure

to render any performance under this Agreement and all deadlines will be extended during any such

period of delay when such delay or failure is beyond the reasonable control of, and without intentional

wrong doing or bad faith of, the party asserting the claim of force majeure. A “Force Majeure” shall

include, but not be limited to, any acts of God, strikes, lockouts or other labor disputes or industrial

14 180498v2

disturbances, civil disturbances, shortages of raw materials or energy, acts, directives or binding orders

of any court or governmental authority or person purporting to act therefor and such orders or

regulations (regardless of the validity of such order or regulation) of governmental bodies or agencies

asserting jurisdiction as would inhibit or prohibit performance required by this Agreement. In the event

of a Force Majeure with respect to a party to this Agreement, the other party will be correspondingly

relieved of its obligations to perform pursuant to this Agreement as long as such Force Majeure shall be

continuing.

[Remainder of page intentionally left blank. Signatures on next page.]

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City Signature page to Second Amendment to Development Contract and PUD Agreement

1201 County Road E CITY OF ARDEN HILLS BY: _____________________________________ David Grant, Mayor (SEAL) BY: _____________________________________

Patrick Klaers, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ________ day of ________________, 2015, by David Grant and by Patrick Klaers, respectively the Mayor and City Administrator of the City of Arden Hills, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ___________________________________ NOTARY PUBLIC

16 180498v2

Developer Signature page to Second Amendment to

Development Contract and PUD Agreement 1201 County Road E

DEVELOPER: TAT PROPERTIES, LLC

BY: ____________________________________ Robin Davidson, Its Chief Manager

STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ________ day of __________________, 2015, by Robin Davidson, the Chief Manager of TAT Properties, LLC, a Minnesota limited liability company, on behalf of the company. ___________________________________ NOTARY PUBLIC

17 180498v2

Developer Signature page to Second Amendment to

Development Contract and PUD Agreement 1201 County Road E

1201 COUNTY ROAD E, LLC

BY:____________________________________ Stuart H. Nolan, Its Chief Manager

STATE OF MINNESOTA ) ( ss. COUNTY OF ________ ) The foregoing instrument was acknowledged before me this ________ day of __________________, 2015, by Stuart H. Nolan the Chief Manager of 1201 County Road E, LLC, a Minnesota limited liability company, on behalf of the company. __________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ

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EXHIBIT A

APPLICATION AND SUPPORTING MATERIALS

19 180498v2

EXHIBIT B

COUNCIL RESOLUTION

20 180498v2

EXHIBIT C

FORM OF CERTIFICATE OF COMPLETION WHEREAS, the City of Arden Hills, Minnesota, a municipal corporation (the “City”) and TAT Properties, LLC, a Minnesota limited liability company and 1201 County Road E, LLC, a Minnesota limited liability company (collectively the “Developer”), are parties to that certain Redevelopment Contract and Planned Unit Development Contract (“Redevelopment Agreement”) concerning the following described land in County of Ramsey and State of Minnesota, to-wit: [Insert Legal description] WHEREAS, said Redevelopment Agreement contained certain covenants and restrictions, the breach of which by Developer, its successors and assigns, would result in rights and claims by the City, its successors and assigns, said covenants and restrictions being set forth in said Redevelopment Agreement; and WHEREAS, said Developer has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the City to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that construction of the Improvements specified to be done and made by the Developer have been completed and the above covenants and conditions in said Redevelopment Agreement have been performed by the Developer therein and that the provisions entry and claim of breach by the City therein is hereby released absolutely and forever, and the County of Ramsey and State of Minnesota are hereby authorized to accept for recording and to record this instrument, and the filing of this instrument shall be a conclusive determination of the satisfactory termination of the covenants and conditions of the Redevelopment Agreement (with the exception of covenants related to shared access on the Western edge of said property). Dated: ______________, 20___ CITY OF ARDEN HILLS BY: ______________________________________ ________________________, Mayor

BY: ______________________________________ ___________________, City Administrator

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STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ________ day of ______________, 20___, by ________________________ and by _______________________, to me personally known and who by me duly sworn did say that they are the Mayor and City Administrator, respectively, of the City of Arden Hills, a Minnesota municipal corporation, and acknowledged the foregoing instrument on behalf of said City. ___________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ

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DATE: March 9, 2015 TO: Honorable Mayor and City Councilmembers

Patrick Klaers, City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #14-016 – Arden Plaza Amended and Restated Master Planned

Unit Development Agreement and Phase I Development Contract

Requested Action Motion to approve the Arden Plaza Amended and Restated Master Planned Unit Development Agreement and Phase I Development Contract based on the March 9, 2015, Report to the City Council. Background To date, the City has approved five separate planning cases related to the Arden Plaza redevelopment project on the southwest corner of County Road E and Lexington Avenue:

• Planning Case 09-011: Master PUD for three development phases, Final PUD for Phase I, and Preliminary and Final Plat.

• Planning Case 10-008: PUD Amendment to allow for a one-year extension for submitting building permit applications for each of the three phases and for filing the Final Plat.

• Planning Case 11-016: PUD Amendment to revise the number of lots, reduce the number of buildings to be constructed, and approve a revised preliminary and final plat.

• Planning Case 13-010: PUD Amendment to permit additional wall and window signage for the Walgreens building on Lot 1.

• Planning Case 14-018: PUD Amendment to allow for an extension for submitting the PUD-Final Plan for Phase II and the PUD-Final Plan for Phase III.

CONSENT ITEM - 5C

MEMORANDUM

_________________________________________________________________________________________ City of Arden Hills City Council Meeting for March 9, 2015 P:\Planning\Planning Cases\2014\PC 14-016 - Arden Plaza - Amended and Restated Development Agreement\Memos_14-016

Page 1 of 2

In April 2013, staff was notified by the City Attorney that the development agreements pertaining to Planning Case 09-011, Planning Case 10-008, and Planning Case 11-016 were never properly recorded with Ramsey County. In order to address this issue, staff has been working with the City Attorney and the property owners within Arden Plaza to draft an Amended and Restated Development Agreement that accurately establishes the approvals and conditions for the redevelopment of the three lots on the site. Discussion The Amended and Restated Development Agreement includes all previously approved development agreements and amendments and is intended to bring the project current. Going forward it will be the main regulatory document for the properties within the Arden Plaza retail center. The conditions approved in Planning Case 13-010 for the additional signage on the Walgreens building and the Phase II and III Final PUD extensions approved in Planning Case 14-018 have been incorporated into the revised document. Several conditions from the previously approved agreements were subsequently satisfied by the property owners and have been removed from the revised agreement. It should be noted that this document does not include the pending application in Planning Case 15-002 for the proposed subdivision, PUD Amendment, and Conditional Use Permit Amendment at Arden Plaza. The City Council voted to table Planning Case 15-002 at their Regular Meeting on February 23, 2015. Any future approvals granted by the City Council regarding Planning Case 15-002 would be included in a separate PUD Amendment Agreement. The Amended and Restated Development Agreement has been reviewed by the Arden Plaza property owners and they have agreed to the current wording of the document. The City Attorney has completed a property title search to ensure that all relevant entities sign the document. Upon approval by the City Council, staff will circulate the document for signatures from the Arden Plaza property owners. Requested Action Motion to approve the Arden Plaza Amended and Restated Master Planned Unit Development Agreement and Phase I Development Contract based on the March 9, 2015, Report to the City Council. Attachments

A. Arden Plaza Amended and Restated Master Planned Unit Development Agreement and Phase I Development Contract

_________________________________________________________________________________________ City of Arden Hills City Council Meeting for March 9, 2015 P:\Planning\Planning Cases\2014\PC 14-016 - Arden Plaza - Amended and Restated Development Agreement\Memos_14-016

Page 2 of 2

(reserved for recording information)

AMENDED AND RESTATED

MASTER PLANNED UNIT DEVELOPMENT AGREEMENT AND PHASE I DEVELOPMENT CONTRACT

ARDEN PLAZA

THIS AMENDED AND RESTATED MASTER PLANNED UNIT DEVELOPMENT

AGREEMENT (“Restated Agreement”) is dated effective _____________, 2015 (the “Effective Date”),

and is entered into by, between, and among the CITY OF ARDEN HILLS, a Minnesota statutory city

(“City”); and ARDEN PLAZA, LLC, a Minnesota limited liability corporation (“Arden Plaza”) and

PAMELA A. COUCH, as Trustee of the Pamela A. Couch 2011 Trust dated November 15, 2011, an

undivided 25% interest; and JAMES G. COUCH, as Trustee of the JGC Trust of 2007 dated

August 14, 2007, an undivided 75% interest (“Couch/JGC Trusts”).

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matthew.bachler

Text Box

Attachment A

RECITALS

A. On April 4, 2009, Arden Plaza submitted an application requesting the approval of a

Planned Unit Development Master Plan (“PUD-Master Plan”) for its development, to be known as

ARDEN PLAZA (PC File No. 09-011), for the property now legally described as:

Lots 1, 2 and 3, Block 1, Arden Plaza

(“Plat” or “Property”); a combined preliminary/final plat for the Property; and a Planned Unit

Development Final Plan (“PUD-Final Plan”) for a portion of the Property (“Phase I”). The PUD-Final

Plan included three phases and four lots, with two buildings to be located on one lot. The PUD-Final Plan

Agreement between the City and Arden Plaza was dated July 13, 2009 and was recorded on February 16,

2012 with the Office of the County Recorder, Ramsey County, Minnesota as Document No. 4320381.

The approved plat was never recorded.

B. The City and Arden Plaza entered into an Amendment to Phase I dated July 12, 2010 and

recorded with the County Recorder, Ramsey County, Minnesota on February 16, 2012 as Document No.

4320380 (“Phase I First Amendment”) as part of PC File No. 10-008. Phase I First Amendment extended

the dates for obtaining building permits for Phase I, for applying for final plan approval for future phases

and for recording the final plat.

C. The City and Arden Plaza entered into a Second Amendment to Phase I dated October 10,

2011 and recorded with the Office of the County Recorder, Ramsey County, Minnesota on February 16,

2012 as Document No. 4320379 (“Phase I Second Amendment”) as part of PC File No. 11-016. The

Phase I Second Amendment revised the number of lots, reduced the number of buildings to be constructed

on the lots and approved a revised preliminary and final plat.

D. The plat for Arden Plaza was recorded with Ramsey County on November 16, 2011

(“Final Plat”).

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E. Thereafter, Arden Plaza conveyed Lot 1, Block 1, Arden Plaza to NLD Arden Hills LLC, a

Delaware limited liability company (“NLD”). On January 30, 2012, the City and NLD entered into a

Development Agreement Phase I, recorded with the Office of the County Recorder, Ramsey County,

Minnesota on February 16, 2012 as Document No. 4320378, as Planning File No. 11-016 for development

of Lot 1, Block 1, Arden Plaza as a Walgreens Drug Store.

F. Lot 1, Block 1, Arden Plaza was later conveyed to the Couch/JGC Trusts including the

improvements located thereon, and Arden Plaza retained its fee ownership in Lots 2 and 3, Block 1,

Arden Plaza.

G. Walgreens applied for additional wall and window signage for the building on Lot 1 as part

of PC File No. 2013-010. The City Council approved the application on September 9, 2013.

H. Because of the numerous inconsistencies in the foregoing approved documents and the

development of the plat, the City, Arden Plaza and the Couch/JGC Trusts desire to approve this Restated

Agreement to establish the approvals and conditions for the redevelopment of Lots 1-3, Block 1, Arden

Plaza.

I. The City issued a building permit for Lot 1, Block 1, Arden Plaza, Phase I of the

Redevelopment Project.

J. Subject to the conditions and modifications contained herein, the Redevelopment Plan

Documents represent the nature, scope and configuration of the Redevelopment Project which Arden

Plaza is requesting the City to approve.

K. The PUD-Master Plan and the Redevelopment Plan Documents indicate that the Property

will be redeveloped in three phases:

1. Phase I includes the construction of a pharmacy building on Lot 1, Block 1, Arden Plaza.

2. Phase II will include a retail/restaurant building on Lot 2, Block 1, Arden Plaza.

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3. Phase III will include a building on Lot 3, Block 1, Arden Plaza in addition to the existing

Arden Plaza retail building located on Lot 3.

NOW, THEREFORE, the parties hereby agree as follows:

1. APPROVAL. The City Council approves the following:

A. The PUD-Master Plan for Lots 1-3, Block 1, Arden Plaza; B. The combined preliminary/final plat (“Final Plat”) of Arden Plaza; C. PUD-Final Plan for Lot 1, Block 1, Arden Plaza; D. The PUD-Master Plan, the Final Plat and PUD-Final Plan are illustrated and

described on the following documents attached and incorporated herein: 1. Cover Sheet, dated May 4, 2009 as revised on May 22, 2009;

2. Cover Sheet (Phase I), dated June 6, 2011

3. Boundary and Topographic Survey, dated May 4, 2009 as revised on May

22, 2009;

4. Tree Preservation Plan, dated May 4, 2009 as revised on May 22, 2009;

5. Arden Plaza Preliminary Plat, dated June 30, 2011;

6. Circulation Plan, dated May 4, 2009 as revised on May 22, 2009;

7. Site Plan, dated May 4, 2009 as revised on May 22, 2009;

8. Preliminary Site Plan (Phase I), dated June 6, 2011, as modified by

Preliminary Site Plan prepared by Westwood Professional Services, Inc.

dated September 22, 2011;

9. Grading and Erosion Control Plan, dated May 4, 2009 as revised on May

22, 2009;

10. Preliminary Grading and Drainage Plan (Phase I), dated June 6, 2011;

11. Utility Plan, dated May 4, 2009 as revised on May 22, 2009;

12. Preliminary Utility Plan (Phase I), dated June 6, 2011;

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13. Lighting Plan, dated May 4, 2009 as revised on May 22, 2009;

14. Landscape Plan, dated May 4, 2009 as revised on May 22, 2009;

15. Landscape Plan (Phase I) prepared by Westwood Professional Services, Inc.

dated February 10, 2012;

16. Pedestrian Details, dated May 4, 2009 as revised on May 22, 2009;

17. Driveway Enlargement, dated May 4, 2009 as revised on May 22, 2009;

18. Building Elevation prepared by Camburas & Theodore, Ltd. dated January

23, 2012;

19. Outline Plan (Phase I), dated April 15, 2011 as revised on June 29, 2011;

20. Phase I Development Plan, dated June 29, 2011;

21. Initial Phase Development Plan, dated June 3, 2009;

22. Master Development Plan, dated June 3, 2009;

23. Materials Board as presented on July 13, 2009, identifying the following

materials and color pallet:

a. Brick Number One: Cloud Ceramics – Sahara White Buff b. Brick Number Two: Carolina Ceramics – Heritage Velour; or Mutual

materials - Copper c. Brick Number Three: Cloud Ceramics – Cherokee d. Masonry Number One: Anchor Block – Rock-Face Block; Mojave e. Masonry Number Two: Anchor Block – Rock-Face Block; Chocolate f. Masonry Number Three: Anchor Block – Rock-Face Block; Buckskin g. Masonry Number Four: Anchor Block – Rock-Face Block; Autumn Tan h. Metal Cornice: Una-Clad – Medium Bronze i. Metal Canopy: Una-Clad - Brandywine j. Precast Stone: Custom Cast Stone – Light Buff

24. Written Statement consisting of pages 1-6 dated May 1, 2009.

25. Arden Plaza Phase I Narrative, dated July 25, 2011

(“Redevelopment Plans”).

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2. PUD-Master Plan. Conditions of the PUD-Master Plan approval are as follows:

A. Arden Plaza shall apply for the PUD-Final Plan for Phase II of the Redevelopment

no later than June 1, 2015 or, at least forty-five (45) days prior to such date, shall request an extension of

time to apply for the PUD-Final Plan for Phase II of the Redevelopment Project. Failure to apply for

either an approval or an extension within the required time periods means that any redevelopment of the

area included in Phase II shall require an amendment to the PUD-Master Plan and the redevelopment of

the area included in Phase II shall comply with the then current City regulations. Arden Plaza shall

provide yearly updates to the City at the end of each year regarding the status of future phases.

B. Arden Plaza shall apply for a PUD-Final Plan for Phase III of the Redevelopment

Project no later than June 1, 2016, or, at least forty-five (45) days prior to such date, shall request an

extension of time to apply for the PUD-Final Plan for Phase III. Failure to either apply for approval or an

extension within the required time periods means that any development plan of the area included in Phase

III shall require an amendment to the PUD-Master Plan and the development of the area included within

Phase III shall be in compliance with the then current City regulations.

C. The Redevelopment Project shall be completed in accordance with the

Redevelopment Plan Documents as amended by the conditions of approval. Any significant changes to

the Redevelopment Plan Documents, as determined by the City Planner, shall require review by the

Planning Commission; and review and approval by the City Council.

D. Arden Plaza shall provide yearly updates, on the anniversary date of the City’s

approval of the PUD-Master Plan, to the City regarding the status of Phase II and Phase III.

E. Wall signage shall not be transferable between tenants. Each sign shall require a

separate sign permit prior to installation per the requirements of the City’s Sign Code and Design

Standards.

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F. Arden Plaza shall patch and sealcoat the existing Arden Plaza parking lot on Lot 3,

Block 1 on or before November 1, 2014.

G. Arden Plaza has submitted a Letter of Credit in the amount of $26,000 for the

improvements on Lot 3, Block 1 still to be completed. Arden Plaza shall maintain a letter of credit in the

amount of 125 percent of the estimated cost of incomplete improvements in a form acceptable to the City

Attorney until such improvements are completed. Upon completion of Arden Plaza’s Improvements and

acceptance by the City, the City Council shall reduce the amount of security for the completed

Improvements, provided that, in no case, shall the total remaining security be less than the 125 percent of

the estimated cost of the incomplete Improvements.

H. The following traffic mitigation measures shall be implemented to reduce the

traffic impact of the development:

1. Ramsey County reserves the right to restrict left turn egress onto County

Road E to improve operation, safety, and traffic management.

2. Stop signs, lane assignment signs, and other traffic control signs shall be

provided by Arden Plaza at the County Road E and Lexington Avenue access points and shall be subject

to City Engineer approval prior to installation. The City reserves the right to require the installation of

other directional signage as deemed necessary by the City Engineer.

I. Construction of Traffic Signals and Cost Sharing.

1. It is anticipated that full development of the PUD Master Plan, as illustrated

in the Redevelopment Plan Documents, as well as the redevelopment of surrounding areas will cause

traffic congestion on that portion of County Road E located between Snelling Avenue and Lexington

Avenue. Therefore, the construction of Phase III of the PUD Master Plan is contingent upon the

7 174869v10

construction of a traffic signal improvement (“TS Improvement”) which would be located approximately

650 feet west of the intersection of County Road E and Lexington Avenue.

2. A portion of the cost of the TS Improvement will either be specially

assessed against benefiting parcels, including the property located within the PUD Master Plan or, in the

alternative, the parties will negotiate payment terms. In either event the cost to be paid by Arden Plaza

shall be between 20 and 25 percent as determined by the City Council. In determining whether to assess

up to 25 percent of the cost of the TS Improvement, the City shall take into consideration the assessment

of up to 5 percent of the cost of the TS Improvement against other parcels located south of County Road

E and beyond the boundaries of the PUD Master Plan that are benefited by such improvement. If special

assessments are utilized, Arden Plaza agrees that the property included within the PUD Master Plan will

receive a special benefit in the amount of 20-25% of the cost of the TS Improvement, as determined by

the City Council, as a result of the TS Improvement and hereby waives any public hearing requirements

contained in Minnesota Statutes Chapter 429 and further waives any right to appeal from a levy of such

special assessment. The provisions of this Section shall apply even if the construction of the TS

Improvement occurs prior to development of Phase III.

3. Arden Plaza shall prepare a Declaration of Covenants and Restrictions

(“Covenants”) which shall include a notice of the future special assessment for the TS Improvement and a

formula for portioning the cost of the special assessment of the parcels included within the plat of Arden

Plaza redevelopment. In adopting the special assessment roll for the TS Improvement, the City shall

comply with the formula contained in the Covenants.

J. Development of Lot 2. Prior to the issuance of building permits for Lot 2, Arden

Plaza shall provide a long-term plan for the existing retail center and parking lot as part of the approval

for Phase II.

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K. Future Improvements/Assessments for the B-2 District Streetscape. The City

anticipates constructing streetscape improvements on County Road E, adjacent to Lots 2 and 3. Arden

Plaza hereby agrees to waive its right to appeal any special assessments levied against Lots 2 or 3 for

streetscape improvements, associated with the implementation of the Guiding Plan for the B-2 District,

provided that:

1. Such special assessment does not exceed an amount equal to $350 per lineal

foot on County Road E;

2. The property within the Plat that is subject to the terms of this Restated

Agreement is specially assessed in the same manner as other similarly situated properties;

L. Arden Plaza shall convey temporary construction easements over Lots 2 and 3 to

the City for implementing the County Road E streetscape improvements. The City shall reasonably

restore the area of the temporary construction easement to its condition prior to construction of the

streetscape improvements.

3. FINAL PLAT.

A. Arden Plaza shall submit an agreement for shared management and maintenance of

the parking areas, landscaping features, stormwater facilities, and common areas. The agreement shall be

subject to City Attorney approval prior to the issuance of any building permits.

4. DEVELOPMENT CONTRACT-PHASE I.

A. The City currently holds $15,839.25 in escrow for remaining landscaping

improvements on Lot 1. The City will maintain the escrow until a final landscape inspection has been

completed in August 2014.

B. Wall signage for the building located on Lot 1 shall consist of no more than 156.4

square feet. Of this total, 48.8 square feet was approved specifically for the north building wall and 8.6

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square feet for the west building wall (PC #13-010). There are no restrictions on the distribution of the

remaining 99 square feet of wall signage permitted for the building.

1. Wall signage shall be comprised of channel letter signs and shall not extend

more than twelve (12) inches from the wall they are attached to.

2. Window decals shall only be located on the lower half of the central

window and the two windows on either end of the north building façade. No more than 36 percent of the

decals shall have a plain white background. Of the decals including photographic images, a minimum of

50 percent shall be images of Arden Hills. The applicant shall work with the City staff on finding

appropriate photographs of the Arden Hills community to be included on the window decals.

C. Future Improvements/Assessments for the B-2 District Streetscape. The City

anticipates constructing streetscape improvements on County Road E, adjacent to Lot 1, Block 1, Arden

Plaza. The Couch/JGC Trusts hereby agree to waive their rights to appeal any special assessments levied

against Lot 1 for streetscape improvements, associated with the implementation of the Guiding Plan for

the B-2 District, provided that:

1. Such special assessment does not exceed $25,000; however, in no event

shall such assessment exceed an amount equal to $350 per lineal feet on County Road E regardless of the

lot area of the applicable frontage property along County Road E subject to such assessment. For

example, if certain property along County Road E consists of 287 lineal feet for frontage, an assessment

of $25,000 as to such property would be acceptable regardless of lot size because it would amount to less

than $350 per lineal feet ($25,000/287 = $87.11/lineal foot);

2. Lot 1 is specially assessed in the same manner as other similarly situated

properties;

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3. Such special assessment shall be spread over the longest period of time

permitted for those properties being assessed for the Streetscape Improvement Project;

D. Couch/JGC Trusts shall grant temporary construction easements over Lot 1 to the

City for implementing the County Road E streetscape improvements. The City shall reasonably restore

the area of the temporary construction easement premises to its condition prior to construction of the

streetscape improvements.

E. In the event that trees located along a public right of way need to be removed due

to road improvements, the property owner shall either transplant the trees or replace them on a one to one

basis elsewhere within the area included in the PUD Master Plan, subject to City Planner approval.

Nothing herein is a waiver by Arden Plaza to seek compensation from the condemning authority.

5. RELATIONSHIP OF PARTIES. No partnership or joint ventures established between

the parties hereto by or under this Agreement or any agreement referenced herein.

6. SUCCESSORS AND ASSIGNS. This Restated Agreement shall be binding upon and

inure to the benefit of the parties and their respected successors and assigns, including without limitation,

any and all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with

any interest in the Property. Should Arden Plaza or the Couch/JCG Trusts convey any lot or lots in the

Plat to a third party, the city and the owner of that lot or those lots may amend the Master Plan or other

city approvals for the development or use of those lots without the approval or consent of the other lot

owners within the Plat. Private agreements between the owners of lots within the Plat for shared service

or access and related matters necessary for the efficient use of the Property shall be the responsibility of

the lot owners and shall not bind or restrict City authority or approve applications from any lot owner.

7. LIMITATION OF LIABILITY. Notwithstanding anything in this Agreement to the

contrary, the liability of Arden Plaza and the Couch/JGC Trusts shall be limited to their ownership of lots

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within the Plat. Upon sale or conveyance of any Lot within the Plat, the transferee shall be liable for all

obligations of the transferor relating to the Lot transferred and the transferor shall be automatically

released from any further obligation, liability, right or responsibility in respect to such transfer.

Moreover, nothing herein shall be construed to create a cause of action on behalf of the City against

Arden Plaza or the Couch/JGC Trusts with respect to their business operations beyond the obligations set

forth herein relating to the development and maintenance of the Lots within the Plat.

8. RECORDING OF DOCUMENT. This Agreement shall run with the Property and shall

be recorded in the office of the Ramsey County Recorder or Registrar of Titles with proof thereof shown

to the City prior to the issuance of any permits there under.

9. GOVERNING LAW. The City, Arden Plaza and the Couch/JGC Trusts agree that the

laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and

construction of this Agreement and the legal relations between the undersigned parties and performance

under it without regard to principals of conflicts of law. The language of this Agreement is and shall be

deemed a result of negotiations among the parties and the respective legal counsel and shall not be strictly

extrude for or against any party. Each party agrees that any action arising out of or in connection with

this Agreement shall be brought solely in the courts of the State of Minnesota, Second Judicial District, or

the United States District Court for the District of Minnesota.

10. EVENT OF DEFAULT. The occurrence of any of the following shall be considered an

“event of default” and the terms and conditions contained in this Agreement

A. Failure of Arden Plaza or the Couch/JGC Trusts to comply with any of the terms and

conditions contained in this Agreement as to the Lots owned by each within the Plat; and

B. Failure of Arden Plaza or the Couch/JGC Trusts to comply with any applicable ordinance

or statute with respect to the development of the Lots owned by each within the Plat.

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11. REMEDIES. Upon the occurrence of an event of default, the City, in addition to any

other remedy which may be available to it, shall be permitted to do any of the following:

A. City may make advances or take other steps to cure the default, and, where necessary, enter

the Lots within the Plat for that purpose. The defaulting party shall pay all sums so advanced, or expenses

incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate

of 10% per annum or the maximum amount permitted by law if less than 10%. If no action taken by the

City pursuant to this section shall be deemed to relieve the defaulting party from curing any such defaults

to the extent that it is not cured by the City or from any other default hereunder. The City shall not be

obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such

default. Arden Plaza and the Couch/JGC Trusts shall save, indemnify, and hold harmless, including

reasonable attorney’s fees, the City from liability or other damages which may be incurred as a result of

the exercise of the City’s rights pursuant to this section against either party.

B. Obtain an order from a Court of Competent Jurisdiction requiring the defaulting party to

specifically perform its obligations pursuant to the terms and provisions of this Agreement.

C. Exercise any other remedies which may be available to it, including an action for damages.

D. Withhold the issuance of any building permits and/or prohibit the occupancy of all

building which permits have been issued.

E. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of

an event of default, the defaulting party shall pay the City all fees and expenses, including reasonable

attorney’s fees, engineering and consultant fees incurred by the City as a result of an event of default,

whether or not a lawsuit or action is formally undertaking.

12. COUNTERPARTS. This Agreement may be executed in any number of counterparts,

each of which shall be an original, but all of which together shall constitute one instrument.

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IN WITNESS WHEREOF, the City, Arden Plaza and the Couch/JGC Trusts have caused this

Agreement to be executed as of the date and year first above written.

CITY OF ARDEN HILLS By: ______________________________________ David Grant, Mayor (SEAL) And _____________________________________ Amy Dietl, City Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of _________________, 2015, by David Grant and by Amy Dietl, respectively the Mayor and City Clerk of the City of Arden Hills, a Minnesota statutory city, on behalf of the City and pursuant to the authority granted by its City Council. __________________________________________ Notary Public

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ARDEN PLAZA, LLC A Minnesota Limited Liability Company By: ______________________________________ Stephen B. Wellington, Chief Manager STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of _________________, 2015, by Stephen B. Wellington, the Chief Manager of Arden Plaza, LLC, a Minnesota limited liability company, on behalf of the limited liability company.

__________________________________________ Notary Public

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PAMELA A. COUCH 2011 TRUST DATED

NOVEMBER 15, 2011 By: ______________________________________ Pamela A. Couch, Trustee STATE OF ______________ ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _______ day of _________________, 2015, by Pamela A. Couch, as Trustee of the Pamela A. Couch 2011 Trust Dated November 15, 2011, on behalf of said Trust. __________________________________________ Notary Public

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JGC TRUST OF 2007 DATED AUGUST 14, 2007 By: ______________________________________ James G. Couch, Trustee STATE OF ______________ ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _______ day of _________________, 2015, by James G. Couch, as Trustee of the JGC Trust of 2007 Dated August 14, 2007, on behalf of said Trust. __________________________________________ Notary Public DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 (AMP/JJJ)

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MORTGAGE CONSENT TO MASTER

PLANNED UNIT DEVELOPMENT AGREEMENT PHASE 1 – FINAL PLAN

ARDEN PLAZA (PC# 09-011) SYMETRA LIFE INSURANCE COMPANY, which holds mortgage on the property, situated in the County of Ramsey, State of Minnesota, and legally described as:

Lot 1, Block 1, Arden Plaza which mortgage was recorded as Ramsey County document number 2188989, the development of which is governed by the foregoing Master Planned Unit Development Agreement Phase I – Final Plan (PC #09-011) by and between the City of Arden Hills and Arden Plaza, LLC dated July 13, 2009, agrees that the Planned Unit Development Agreement shall remain shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2015. SYMETRA LIFE INSURANCE COMPANY By: ______________________________________ _____________________________ [print name] Its ___________________________ And ______________________________________ _____________________________ [print name] Its _____________________________

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STATE OF WASHINGTON ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ____________ 2014, by ______________________________ and by ______________________________ the _____________________ and __________________, respectively, of SYMETRA LIFE INSURANCE COMPANY, on behalf of said company. ________________________________________ Notary Public DRAFTED BY: Campbell, Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 (AMP/JJJ)

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MORTGAGE CONSENT TO MASTER

PLANNED UNIT DEVELOPMENT AGREEMENT PHASE 1 – FINAL PLAN

ARDEN PLAZA (PC# 09-011) AMERICAN BANK OF ST. PAUL, which holds mortgage on the property, situated in the County of Ramsey, State of Minnesota, and legally described as:

Lot 2, Block 1, Arden Plaza Lot 3, Block 1, Arden Plaza

which mortgage was recorded as Ramsey County document number 1803193, the development of which is governed by the foregoing Master Planned Unit Development Agreement Phase I – Final Plan (PC #09-011) by and between the City of Arden Hills and Arden Plaza, LLC dated July 13, 2009, agrees that the Planned Unit Development Agreement shall remain shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2015. AMERICAN BANK OF ST. PAUL By: ______________________________________ _____________________________ [print name] Its ___________________________ And ______________________________________ _____________________________ [print name] Its _____________________________

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STATE OF MINNESOTA ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ____________ 2014, by ______________________________ and by ______________________________ the _____________________ and __________________, respectively, of AMERICAN BANK OF ST. PAUL, on behalf of said corporation. ________________________________________ Notary Public DRAFTED BY: Campbell, Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 (AMP/JJJ)

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CONSENT ITEM – 6D

MEMORANDUM

DATE: March 9, 2015

TO: Honorable Mayor and City Council


FROM: Sue Iverson, Director of Finance and Administrative Services

SUBJECT: Amendment to the City Administrator’s Employment Agreement

Background/Discussion

At the February 24, 2015, special City Council work session, the Personnel Committee discussed with

the City Council an amendment to the City Administrator’s employment contract. It was the consensus

of the City Council that this be brought forward at the next City Council meeting for approval.

Personnel Committee Recommendation

1. The Personnel Committee recommends approval of the amendment to the City Administrator’s

employment agreement as presented.

Attachments

Attachment A: Amendment to Employment Agreement

180163

AMENDMENT TO EMPLOYMENT AGREEMENT

THIS AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is entered into by and between Patrick D. Klaers (“Employee”) and the City of Arden Hills (“City”). Employee and the City are collectively referred to as the parties. WHEREAS, the City currently employs Employee as its City Administrator and have previously entered into an Employment Agreement dated April 26, 2010; and WHEREAS, Employee anticipates retiring within the year, and the parties desire to modify the existing contract terms to facilitate a phased and orderly transition and replacement. NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained in this Amendment, the parties agree as follows: 1. Effective May 2, 2015, Employee’s regular work week shall be reduced to thirty (30) hours

on average and his salary shall be reduced by twenty-five percent (25%) of the current rate.

2. Employee shall keep a log of his hours worked and any work hours over or under the target of thirty (30) hours per week will be carried forward and subsequent work weeks will be adjusted accordingly. There shall be no additional compensatory time or payments.

3. Employee shall make periodic reports regarding his hours worked and schedule to the Personnel Committee.

4. Employee shall be eligible to receive flex-time consistent with the City Personnel Policy.

5. The City Personnel Policy calls for benefits to be paid into the employee’s Post-Retirement Health Care Saving Plan. Upon retirement or termination, Employee shall have the option to receive all or part of the benefits in cash.

6. No other terms and conditions of employment are affected by this reduction in hours. The

City will continue to pay Personal Time Off and group health, dental, life, and disability insurance premiums on behalf of the Employee at the same rate and in the same manner as currently being paid.

7. Either party may terminate this Amendment upon thirty (30) days written notice. Upon termination of this Amendment, the Employee will resume a standard schedule under the Agreement. If not otherwise terminated earlier, this Amendment shall terminate April 30, 2016.

180163

IN WITNESS WHEREOF, the parties have approved and executed this Amendment on the dates shown by their signatures. EMPLOYEE Date: Patrick D. Klaers CITY OF ARDEN HILLS Date: BY: Its BY: Its

CONSENT ITEM – 6E

MEMORANDUM

DATE: March 9, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Planning Case #15-002 Property Location: Arden Plaza – 3527-3557 Lexington Avenue North Applicant: Wellington Management, Inc. Requested Action Motion to continue consideration of Planning Case #15-002 to the March 30, 2015 Regular City Council meeting. Discussion The City Council reviewed Planning Case 15-002 for a Preliminary Plat, Planned Unit Development Amendment, and Conditional Use Permit Amendment for the Arden Plaza retail center during their Regular Meeting on February 23, 2015. The Council voted to table this request to allow the applicant time to provide the City with additional information on the business plan for the Frattallone’s Ace Hardware Store and to address alternative options for exterior storage and outdoor displays on the property. Staff has since met with the City Attorney and Frattallone’s Ace Hardware to discuss the needs of the business and their current use of the site for exterior storage, outdoor displays and sales areas. These discussions are ongoing and staff expects to bring a revised plan for the proposed Frattallone’s garden center to the March 30, 2015, Regular City Council meeting.

City of Arden Hills City Council Meeting for March 9, 2015 P:\Planning\Planning Cases\2015\PC 15-002 - Arden Plaza - Master PUD Amendment and Subdivision\Memos_15-002

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CONSENT ITEM – 6F

MEMORANDUM

DATE: March 9, 2015

TO: Honorable Mayor and City Council Members


FROM: Sue Iverson, Director of Finance and Administrative Services

SUBJECT: Office Support Specialist Resignation

Background

On March 5, 2015, the City received Sonja Klingberg‘s letter of resignation. Her last day

of employment with the City of Arden Hills will be March 9, 2015.

Council Action

Motion to accept Sonja Klingberg’s resignation as Office Support Specialist for the City

of Arden Hills effective March 9 2015.

DATE: March 9, 2015

TO: City Councilmembers


FROM: Mayor Grant

SUBJECT: TCAAP Development Discussion Opportunity for Residents

Discussion

Under this Public Hearing, citizens have an opportunity to discuss ideas regarding TCAAP

development.

PUBLIC HEARING – 8A

MEMORANDUM

PUBLIC HEARING – 8B

P:\Admin\Council\Agendas & Packet Information\2015\03-09-15-R\john\3-9-15Memo_MS4AnnualMtg.doc

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MEMORANDUM

DATE: March 9, 2015

TO: Honorable Mayor and City Councilmembers


FROM: John Anderson P.E. Assistant City Engineer

SUBJECT: NPDES Annual Storm Water Meeting

Requested Action

Conduct Public Hearing

Background/ Discussion

As of March 10, 2003, the Minnesota Pollution Control Agency required all cities within the

Seven County Metro Region to apply for a General Storm Water Permit (Small Municipal

Separate Storm Sewer Systems, or MS4, permit) as part of Federal National Pollutant Discharge

Elimination System (NPDES) requirements. In 2013, the City of Arden Hills applied for

reauthorization under the revised permit as administered by the Minnesota Pollution Control

Agency (MPCA). On March 17, 2014, the City’s application was approved and the permit to

discharge stormwater was reauthorized. In order to comply with revised federal regulations,

municipalities are required to modify their Storm Water Pollution Prevention Plan (SWPPP) that

focuses on ways the municipality will reduce the amount of sediment and pollution entering the

surrounding water bodies. The SWPPP includes six minimum control measures that need to be

addressed by the City. Each measure is aimed at reducing the amount of pollution entering water

bodies through various methods such as public outreach and education, regulatory ordinances,

and physical structures constructed as a part of the storm water sewer system. Each control

measure includes several Best Management Practices (BMPs) that will be used to accomplish the

measure and each will include measurable goals that can establish the effectiveness of the

SWPPP.

One of the permit requirements is that the City must hold an annual public meeting to allow

interested parties to provide comments to the City on its SWPPP. The City is also required to

submit an annual report to the MPCA documenting the accomplishments of the previous year.

Staff will be prepared with a short presentation highlighting accomplishments of 2014 and the

goals for 2015.

the - City of Arden Hills

Documents

Transcript of the - City of Arden Hills