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07-11-16-R
APPROVAL OF AGENDA PUBLIC INQUIRIES/INFORMATIONAL Public inquiries/informational is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. STAFF COMMENTS Rice Creek Commons (TCAAP) And Joint Development Authority (JDA) Update Sue Iverson, Interim City Administrator and Director of Finance and Administrative Services MEMO.PDF Transportation Update John Anderson, Acting Public Works Director MEMO.PDF APPROVAL OF MINUTES June 13, 2016, Regular City Council 06 -13 -16 -R.PDF June 20, 2016, City Council Work Session 06 -20 -16 -WS.PDF CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Motion To Approve Claims And Payroll Sue Iverson, Interim City Administrator and Director of Finance and Administrative Services Ashley Bertrand, Accounting Analyst MEMO.PDF Approve Resolution 2016 -024 - Planning Case 16 -013 - CUP Amendment Agreement - Mounds View High School - 1900 Lake Valentine Road Ryan Streff, City Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Accept Proposal For Sanitary Sewer Repair John Anderson, Acting Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Accept Proposal For Soil Borings At Johanna Marsh Tennis Court John Anderson, Acting Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Accept Proposal For Water Valve Replacement John Anderson, Acting Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Authorization To Appoint Jolene Trauba As Deputy Clerk And Authorization To Advertise For Customer Service Support Sue Iverson, Interim City Administrator and Director of Finance and Administrative Services MEMO.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Under this Public Hearing section, citizens have an opportunity to discuss ideas regarding Rice Creek Commons (TCAAP) development. Please be sure to complete a "Request to Appear before City Council" form (available at the back table). Completed forms may be given to the City Clerk. Rice Creek Commons (TCAAP) Development Discussion Opportunity For Residents Mayor Grant MEMO.PDF Approve Resolution 2016 -023 - Order Of Abatement At 3736 Brighton Way South Matthew Bachler, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF NEW BUSINESS Off Leash Dog Park Area At Perry Park John Anderson, Acting Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF UNFINISHED BUSINESS Planning Case 16 -014 - Master PUD Amendment And Final PUD Phase 1 Development Agreement - Land O' Lakes - 4001 Lexington Avenue North Ryan Streff, City Planner MEMO.PDF ATTACHMENT A.PDF COUNCIL COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Jonathan Wicklund Regular City Council Agenda July 11, 2016 7:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651 -792 -7800 Website : www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. CALL TO ORDER 1. 2. 3. 3.A. Documents: 3.B. Documents: 4. 4.A. Documents: 4.B. Documents: 5. 5.A. Documents: 5.B. Documents: 5.C. Documents: 5.D. Documents: 5.E. Documents: 5.F. Documents: 6. 7. 7.A. Documents: 7.B. Documents: 8. 8.A. Documents: 9. 9.A. Documents: 10. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALPublic inquiries/informational is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation.STAFF COMMENTSRice Creek Commons (TCAAP) And Joint Development Authority (JDA) UpdateSue Iverson, Interim City Administrator and Director of Finance and Administrative Services MEMO.PDFTransportation UpdateJohn Anderson, Acting Public Works Director MEMO.PDFAPPROVAL OF MINUTES June 13, 2016, Regular City Council 06 -13 -16 -R.PDF June 20, 2016, City Council Work Session 06 -20 -16 -WS.PDF CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Motion To Approve Claims And Payroll Sue Iverson, Interim City Administrator and Director of Finance and Administrative Services Ashley Bertrand, Accounting Analyst MEMO.PDF Approve Resolution 2016 -024 - Planning Case 16 -013 - CUP Amendment Agreement - Mounds View High School - 1900 Lake Valentine Road Ryan Streff, City Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Accept Proposal For Sanitary Sewer Repair John Anderson, Acting Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Accept Proposal For Soil Borings At Johanna Marsh Tennis Court John Anderson, Acting Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Accept Proposal For Water Valve Replacement John Anderson, Acting Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Authorization To Appoint Jolene Trauba As Deputy Clerk And Authorization To Advertise For Customer Service Support Sue Iverson, Interim City Administrator and Director of Finance and Administrative Services MEMO.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Under this Public Hearing section, citizens have an opportunity to discuss ideas regarding Rice Creek Commons (TCAAP) development. Please be sure to complete a "Request to Appear before City Council" form (available at the back table). Completed forms may be given to the City Clerk. Rice Creek Commons (TCAAP) Development Discussion Opportunity For Residents Mayor Grant MEMO.PDF Approve Resolution 2016 -023 - Order Of Abatement At 3736 Brighton Way South Matthew Bachler, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF NEW BUSINESS Off Leash Dog Park Area At Perry Park John Anderson, Acting Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF UNFINISHED BUSINESS Planning Case 16 -014 - Master PUD Amendment And Final PUD Phase 1 Development Agreement - Land O' Lakes - 4001 Lexington Avenue North Ryan Streff, City Planner MEMO.PDF ATTACHMENT A.PDF COUNCIL COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungJonathan Wicklund Regular City Council AgendaJuly 11, 20167:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.2.3.3.A.Documents:3.B.Documents:4. 4.A. Documents: 4.B. Documents: 5. 5.A. Documents: 5.B. Documents: 5.C. Documents: 5.D. Documents: 5.E. Documents: 5.F. Documents: 6. 7. 7.A. Documents: 7.B. Documents: 8. 8.A. Documents: 9. 9.A. Documents: 10. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALPublic inquiries/informational is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation.STAFF COMMENTSRice Creek Commons (TCAAP) And Joint Development Authority (JDA) UpdateSue Iverson, Interim City Administrator and Director of Finance and Administrative Services MEMO.PDFTransportation UpdateJohn Anderson, Acting Public Works Director MEMO.PDFAPPROVAL OF MINUTESJune 13, 2016, Regular City Council06-13 -16 -R.PDFJune 20, 2016, City Council Work Session06-20 -16 -WS.PDFCONSENT CALENDARThose items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda.Motion To Approve Claims And PayrollSue Iverson, Interim City Administrator and Director of Finance and Administrative ServicesAshley Bertrand, Accounting Analyst MEMO.PDFApprove Resolution 2016 -024 - Planning Case 16 -013 - CUP Amendment Agreement - Mounds View High School - 1900 Lake Valentine RoadRyan Streff, City Planner MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFAccept Proposal For Sanitary Sewer RepairJohn Anderson, Acting Public Works Director MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFAccept Proposal For Soil Borings At Johanna Marsh Tennis CourtJohn Anderson, Acting Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Accept Proposal For Water Valve Replacement John Anderson, Acting Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Authorization To Appoint Jolene Trauba As Deputy Clerk And Authorization To Advertise For Customer Service Support Sue Iverson, Interim City Administrator and Director of Finance and Administrative Services MEMO.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Under this Public Hearing section, citizens have an opportunity to discuss ideas regarding Rice Creek Commons (TCAAP) development. Please be sure to complete a "Request to Appear before City Council" form (available at the back table). Completed forms may be given to the City Clerk. Rice Creek Commons (TCAAP) Development Discussion Opportunity For Residents Mayor Grant MEMO.PDF Approve Resolution 2016 -023 - Order Of Abatement At 3736 Brighton Way South Matthew Bachler, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF NEW BUSINESS Off Leash Dog Park Area At Perry Park John Anderson, Acting Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF UNFINISHED BUSINESS Planning Case 16 -014 - Master PUD Amendment And Final PUD Phase 1 Development Agreement - Land O' Lakes - 4001 Lexington Avenue North Ryan Streff, City Planner MEMO.PDF ATTACHMENT A.PDF COUNCIL COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungJonathan Wicklund Regular City Council AgendaJuly 11, 20167:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.2.3.3.A.Documents:3.B.Documents:4.4.A.Documents:4.B.Documents:5.5.A.Documents:5.B.Documents:5.C.Documents:5.D.Documents: 5.E. Documents: 5.F. Documents: 6. 7. 7.A. Documents: 7.B. Documents: 8. 8.A. Documents: 9. 9.A. Documents: 10. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALPublic inquiries/informational is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation.STAFF COMMENTSRice Creek Commons (TCAAP) And Joint Development Authority (JDA) UpdateSue Iverson, Interim City Administrator and Director of Finance and Administrative Services MEMO.PDFTransportation UpdateJohn Anderson, Acting Public Works Director MEMO.PDFAPPROVAL OF MINUTESJune 13, 2016, Regular City Council06-13 -16 -R.PDFJune 20, 2016, City Council Work Session06-20 -16 -WS.PDFCONSENT CALENDARThose items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda.Motion To Approve Claims And PayrollSue Iverson, Interim City Administrator and Director of Finance and Administrative ServicesAshley Bertrand, Accounting Analyst MEMO.PDFApprove Resolution 2016 -024 - Planning Case 16 -013 - CUP Amendment Agreement - Mounds View High School - 1900 Lake Valentine RoadRyan Streff, City Planner MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFAccept Proposal For Sanitary Sewer RepairJohn Anderson, Acting Public Works Director MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFAccept Proposal For Soil Borings At Johanna Marsh Tennis CourtJohn Anderson, Acting Public Works Director MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFAccept Proposal For Water Valve ReplacementJohn Anderson, Acting Public Works Director MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFAuthorization To Appoint Jolene Trauba As Deputy Clerk And Authorization To Advertise For Customer Service SupportSue Iverson, Interim City Administrator and Director of Finance and Administrative Services MEMO.PDFPULLED CONSENT ITEMSThose items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda.PUBLIC HEARINGSUnder this Public Hearing section, citizens have an opportunity to discuss ideas regarding Rice Creek Commons (TCAAP) development. Please be sure to complete a "Request to Appear before City Council" form (available at the back table). Completed forms may be given to the City Clerk. Rice Creek Commons (TCAAP) Development Discussion Opportunity For ResidentsMayor Grant MEMO.PDFApprove Resolution 2016 -023 - Order Of Abatement At 3736 Brighton Way SouthMatthew Bachler, Senior Planner MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFNEW BUSINESS Off Leash Dog Park Area At Perry Park John Anderson, Acting Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF UNFINISHED BUSINESS Planning Case 16 -014 - Master PUD Amendment And Final PUD Phase 1 Development Agreement - Land O' Lakes - 4001 Lexington Avenue North Ryan Streff, City Planner MEMO.PDF ATTACHMENT A.PDF COUNCIL COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungJonathan Wicklund Regular City Council AgendaJuly 11, 20167:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.2.3.3.A.Documents:3.B.Documents:4.4.A.Documents:4.B.Documents:5.5.A.Documents:5.B.Documents:5.C.Documents:5.D.Documents:5.E.Documents:5.F.Documents:6.7.7.A.Documents:7.B.Documents:8. 8.A. Documents: 9. 9.A. Documents: 10. Page 1 of 1 DATE: July 11, 2016 TO: Honorable Mayor and City Councilmembers FROM: Sue Iverson, Interim City Administrator/Finance and Administrative Services Director SUBJECT: Rice Creek Commons (TCAAP) and Joint Development Authority (JDA) Update Per Stacie Kvilvang of Ehlers, there will be no update this week due to the holiday and vacations. STAFF COMMENTS – 3A MEMORANDUM Page 1 of 1 DATE: July 11, 2016 TO: Honorable Mayor and City Councilmembers Sue Iverson, Interim City Administrator FROM: John Anderson, Acting Public Works Director SUBJECT: Transportation Update Background A brief oral update will be provided at the meeting regarding road construction/transportation in the City of Arden Hills. STAFF COMMENTS – 3B MEMORANDUM Approved: July 11, 2016 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JUNE 13, 2016 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 Jonathan Wicklund Absent: None Also present: Interim City Administrator Sue Iverson and Acting Public Works Director John Anderson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant noted one addition to the agenda stating Item 5F should be added to the Consent Agenda Appointing Julie Hanson as City Clerk. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL Tess Degeist, 3116 Woodridge Road, requested the Council reconsider the tennis court in her neighborhood. While she respected the Council’s position to close the tennis court for safety reasons, she wanted to see the tennis court reconstructed. She indicated she had been in conversation with Mr. Anderson and stated she had 36 email addresses in support of the tennis court being rebuilt. She explained she had lived in her neighborhood for the past 10 years and played tennis herself. She reported she coached middle school tennis in the past and commented there was another tennis coach in the neighborhood. For this reason, the court has been very well utilized by herself and her neighbors. She noted this was the only park space in her neighborhood and based on its high use, she encouraged the Council to budget for the reconstruction of this ARDEN HILLS CITY COUNCIL – JUNE 13, 2016 2 tennis court. Discussion ensued regarding the gathering of information from the neighborhood through a survey. 3. STAFF COMMENTS A. Rice Creek Commons (TCAAP) and Joint Development Authority (JDA) Update Interim City Administrator and Director of Finance and Administrative Services Iverson stated on June 6, 2016 the JDA approved a Preliminary Development Agreement (PDA) with Alatus Arden Hills LLC which provides them with exclusive development rights to the property until December 31, 2016. During this time, they will work in good faith to negotiate the terms of a Master Development Agreement (MDA). If by October 31, 2016, the JDA and the master developer have not reached substantial agreement on terms of an MDA or the developer determines the project is not feasible, either party can terminate the PDA with 30 days written notice. Interim City Administrator and Director of Finance and Administrative Services Iverson explained City and County staff, consultants (Ehlers, Kimley Horn, etc.), attorneys (County, City, JDA and Master Developer) and the master developer continue to meet regularly to provide (1) required information to the master developer team (2) work on framework for MDA; and (3) weekly project management to make sure all elements of the development are progressing. City and County staff as well as the Master Developer are present at all meetings. Attorneys and other consultants are present at meetings as required. Following are the meetings held in the last two weeks: • May 31, 2016 – Design guidelines/standards review and site issues • June 1 and June 8, 2016 – Weekly project management meeting • June 2, 2016 – Infrastructure meeting with Kimley Horn • June 7, 2016 – Environmental conditions overview B. Transportation Update Acting Public Works Director Anderson reviewed the ramp closures off of I-694 and noted traffic continues to flow with the through and local lanes on this stretch of freeway. Acting Public Works Director Anderson explained there would be a closure on I-35E from County Road 14 to County Road E this weekend. Acting Public Works Director Anderson stated bridge beams would be set on the southbound side of the County Road E2 bridge this evening. Crews would set beams on the northbound side on Tuesday, June 14. Acting Public Works Director Anderson indicated a temporary signal was being set up at County Road H and I-35W to allow the west half of the intersection to be built. Once this is completed, traffic will be shifted and the remainder of the intersection will be built. ARDEN HILLS CITY COUNCIL – JUNE 13, 2016 3 Acting Public Works Director Anderson stated traffic has shifted to the east at County Road F and Lexington Avenue. Crews would continue to pour concrete for the west side of this roadway. Acting Public Works Director Anderson noted MnDOT would be holding a meeting regarding noise wall construction on I-35W and the MnPASS project. The meetings will be held Wednesday, June 15 and Wednesday, June 22, 2016. Further information regarding these meetings was posted on the City’s website. Acting Public Works Director Anderson indicated the City’s Public Works department has been working on paving Thom Drive and repairing the catch basin concrete on Lake Valentine Drive. Councilmember Holden stated semis were being ticketed at the intersection of Lexington Avenue and Red Fox Road for blocking the intersection. She requested staff speak with Joe Lux at the County because this intersection has been problematic. Councilmember McClung indicated County Road F was closed and would be closed longer than was previously anticipated. He questioned when this roadway would be reopened. Acting Public Works Director Anderson stated he would do some checking on this and would report back to the City Council. He estimated the roadway would be closed through the end of June. 4. APPROVAL OF MINUTES A. April 25, 2016, Regular City Council B. May 16, 2016, City Council Work Session MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to approve the April 25, 2016, Regular City Council meeting minutes; and May 16, 2016, City Council Work Session 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 Authorization to Appoint Seasonal Maintenance Worker C. Motion to Approve Lakeshore Place Landscaping D. Motion to Approve Round Lake Road Area Improvement – Payment #11 E. Motion to Approve Resolution 2016-18 Ordering Public Hearing for I-35W MnPASS Project F. Motion to Approve Appointing Julie Hanson as City Clerk MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL – JUNE 13, 2016 4 6. PULLED CONSENT ITEMS None. 7. PUBLIC HEARINGS A. TCAAP Development Discussion Opportunity for Residents Mayor Grant stated under the Public Hearing section, citizens would have an opportunity to discuss ideas regarding the TCAAP development. Mayor Grant opened the public hearing at 7:20 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:21 p.m. 8. NEW BUSINESS None. 9. UNFINISHED BUSINESS None. 10. COUNCIL COMMENTS Councilmember McClung discussed the bench handout from the Personnel Committee presented to the Council this evening. He requested that Council agenda items be completed in a more timely manner in the future to avoid bench handouts. Mayor Grant and Councilmember Holden apologized as Personnel Committee members. Councilmember Holmes asked if the City would be hiring a Deputy Clerk to fill Julie Hanson’s position. Mayor Grant stated this has been discussed by the Personnel Committee and this may be brought forward. He discussed the internal and external position posting process. Councilmember Holden indicated she drove down Thom Drive and was pleased by the paving work completed by the Public Works Department. Mayor Grant agreed stating the work was nicely done. He asked if construction on the Tavern Grill had begun. Acting Public Works Director Anderson explained the Tavern Grill had a watershed permit with conditions that needed to be satisfied prior to construction beginning. ARDEN HILLS CITY COUNCIL – JUNE 13, 2016 5 Mayor Grant discussed the Land O’Lakes project in detail noting there was great interest in the redevelopment of this site. ADJOURN MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to adjourn. The motion carried unanimously (5-0). Mayor Grant adjourned the Regular City Council Meeting at 7:29 p.m. __________________________ __________________________ Sue Iverson David Grant Interim City Administrator Mayor Approved: July 11, 2016 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION JUNE 20, 2016 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session meeting at 5:00 p.m. Present: Mayor David Grant; Councilmembers Brenda Holden, Fran Holmes (arrived at 5:01 p.m.), Dave McClung (excused at 6:02 p.m.) and Jonathan Wicklund Absent: None Also present: Interim City Administrator Sue Iverson; Acting Public Works Director John Anderson; City Planner Ryan Streff; Senior Planner Matthew Bachler; and City Clerk Julie Hanson Councilmember Holden requested an item be added to the agenda to allow for the discussion of the League of Minnesota Cities Conference (Item 1J). Councilmember Wicklund requested two items be added to the agenda to allow for discussion regarding a Communication Committee Fund Request (Item 1K) and the Ramsey County League of Local Government Article Update (Item 1L). 1. AGENDA ITEMS A. Communications Consultant - TCAAP Interim City Administrator/Director of Finance and Administrative Services Iverson stated due to the vacancy in the Community Development Director’s position, staff has been working with our Financial Consultant, Stacie Kvilvang of Ehlers, on potential items that the Council may want to consider going forward with on TCAAP. Communications is one of those areas. Stacie Kvilvang, Ehlers & Associates, stated on June 6, 2016 the JDA approved a Preliminary Development Agreement (PDA) with Alatus for development of the TCAAP site. Over the course of the next 6 to 12 months, many actionable events will likely take place. ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 2 Ms. Kvilvang indicated the redevelopment of TCAAP presents a once in a lifetime opportunity to manage the reuse of a large part of the city for a sustainable future. Along with this opportunity comes a complex communications challenge. The success of the development depends to a significant degree on the ability of the City, the JDA, the Master Developer, and their spokespeople to communicate clearly, effectively and persuasively about the goals, objectives, and processes surrounding the development. How the City participates in this process and communicates about the development will play a significant role in the degree to which businesses and residents understand and support it. Ms. Kvilvang stated in order to be successful, large and complex projects such as this require significant and continual communication to the public. In 2007, the City hired Davis Communications to assist with the development and implementation of a communications plan that included the following objectives: • Increase understanding among residents and other key audiences of the opportunities presented by the potential redevelopment of the TCAAP site. • Develop understanding of the goals, objectives and timelines of the TCAAP development. • Create communications channels between the City and stakeholders within the community and those within other communities who will have an impact on the successful redevelopment of the site. • Build support for the City’s vision among stakeholders who will have an impact on the success of the redevelopment project. Ms. Kvilvang commented to ensure residents are well informed about various aspects of the development and to provide an avenue to address development and community concerns/issues in a timely, effective and efficient manner, she would recommend that the City hire a communications consultant. This consultant would be charged with updating the City’s prior communications plan and act as the central communications coordinator. This will include coordinating and/or developing press releases with the JDA and Master Developer, coordinating any updates in the City newsletter or website, preparation of key messages for various aspects of the project, and acting as a central contact for media inquiries and responses. Ms. Kvilvang stated as a point of reference, the City received two proposals in 2007 when they hired a consultant (Davis and Goff) and selected Davis based upon interviews and pricing (Goff is currently the communications consultant for the JDA). The original communications plan cost $8,500 and at the time, Ted Davis had an hourly rate to complete all other communication aspects of $150/hour. It was her recollection that the City had a positive working relationship with Mr. Davis and was pleased with his services. She recommended approaching Mr. Davis to provide a proposal to update the communications plan and hourly rate requirement. Councilmember Holden supported the City hiring a consultant. Councilmember Holmes did not believe that Mr. Davis provided the City with any product in the past. ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 3 Ms. Kvilvang described the work completed by Mr. Davis. Councilmember Holden recalled that Mr. Davis’ “feet had to be held to the fire” but that he did complete quality work for the City. Mayor Grant stated the alternative would be for the City to do nothing. Councilmember Wicklund recommended the City be specific about the communications that would be expected from the consultant. Councilmember Holmes believed that in the past there was a plan, but no communication or guidance was provided. Councilmember Holden asked what Mr. Davis would be doing for the City of Arden Hills. Ms. Kvilvang stated Mr. Davis would be responsible for updating the City’s communication plan, preparing key messages on issues that arise and providing input on any press releases or coordinating with the JDA and Master Developer. Councilmember Holmes supported the City hiring the same communications consultant as the JDA or County. Mayor Grant and Councilmember Holden did not support this suggestion. Mayor Grant believed the City needed help in this area. Further discussion ensued regarding the role of the communication consultant. Councilmember McClung stated he was underwhelmed by the services provided by Mr. Davis in the past. He believed that while Mr. Davis completed a communications plan, no additional work beyond that was completed. He supported the City having a communications consultant and recommended the City pursue another option besides Davis Communications. Councilmember Holden disagreed with this assessment and commented that there could have been a lack of communication between Mr. Davis and the City Administrator. She requested the Council be provided with a copy of the communications plan. This would allow the Council to review the content and focus of this document. Councilmember Wicklund recommended the Council address their concerns with whomever was hired as the communications consultant. Mayor Grant suggested the City pursue bids or proposals from several individuals for the City’s communication consultant. The consensus of the Council was for staff to pursue bids from several individuals for the City’s communication consultant and report back at a future meeting. ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 4 B. Organized Collection Stacie Kvilvang, Ehlers & Associates, explained over the past month staff had been meeting with County staff, the Master Developer and legal representatives from Kennedy & Graven (JDA) and Joel Jamnik (City) on the overall framework for the Master Development Agreement and future purchase agreements. Staff raised the issue of the City’s desire to have an organized collection requirement within TCAAP. Both the County and the Master Developer are agreeable to this and it will likely be documented as a requirement in both the Master Development Agreement and subsequent Purchase Agreements. It was her understanding the City Council wanted staff to proceed with drafting of an ordinance to require this. She recommended holding off at this time since it may not be required due to the issue being addressed in other documents that are considered binding. She indicated she spoke with the City Attorney regarding organized collection and provided feedback on this conversation. Councilmember Wicklund asked if the same or lower refuse rates would be paid by residents in TCAAP as the remainder of Arden Hills. Ms. Kvilvang was uncertain as to what rates would be charged. Councilmember Wicklund hoped that organized collection on TCAAP would lead to lower refuse rates for residents on TCAAP. Mayor Grant commented the HOAs on TCAAP would be allowed to bid out the refuse rates on a yearly or every other year basis in order to achieve the most competitive rates. Councilmember Holden asked if public hearing meetings were required if the organized collection would be managed by an HOA. Ms. Kvilvang explained public meetings would be held after the fact, once the Ordinance was created. The Council supported staff moving forward with this concept. C. Metropolitan Councilmember Marie McCarthy Metropolitan Councilmember Marie McCarthy thanked the Council for their time. She stated it was exciting to be before the Council. The Council took the time to introduce themselves to Councilmember McCarthy. Zoe Mullendore, Community Relation Specialist with Metropolitan Council, introduced herself to the Council. Eric Wojchik, Sector Representative, stated he would be the first point of contact for the City with the Met Council. ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 5 Metropolitan Councilmember McCarthy discussed the importance of building strong relationships with her cities. She encouraged the Council to call on her with questions or concerns at any time. She then addressed the questions provided by the City Council. Mr. Wojchik discussed the training the Met Council would be providing to City staff in preparation for the Comprehensive Plan updates. He indicated the Met Council was working to make themselves more available to cities. He described why Arden Hills was not eligible for planning assistance grants from Met Council, stating this was because the City’s net tax capacity was too high. Further discussion ensued regarding the funding provided to Arden Hills in 2008. Mr. Wojchik provided the Council with a contact name for Metro Transit and discussed the A- line extension. He stated at the moment, funds were not available to extend the A-line and that if extra revenues become available, an extension may become possible. He explained it would cost $7 to $9 million to create this extension. He believed that TCAAP would be a great BRT environment as it would be well connected and pedestrian friendly. Councilmember Wicklund questioned how Alatus felt about mass transit for this development. Mayor Grant stated mass transit was definitely on their radar and that they were pro-BRT. Metropolitan Councilmember McCarthy stated TCAAP would have to have enough ridership in order to support a BRT line extension. Councilmember Holden commented the current residents of Arden Hills were also looking for mass transit options. Further discussion ensued regarding bus ridership and the future redevelopment of Arden Hills. Metropolitan Councilmember McCarthy stated the ridership would have to justify the cost in order for additional routes to be added. Mr. Wojchik provided further comment on the grants that had been available from the Met Council for I&I. Metropolitan Councilmember McCarthy understood cities were working to address I&I. Mayor Grant understood the Met Council did not want to build another treatment facility. He discussed how the City of Arden Hills, like other cities in the metro, has been working to reduce I&I. He qu estioned what had been achieved and if any goals or desired outcomes had been met. Mr. Wojchik stated communities have invested $136 million in I&I since 2005, which has saved over a billion dollars in infrastructure expenses. He explained the benefit to cities addressing their I&I issues, noting this would lead to reduced expenses long term. ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 6 Councilmember Holden did not believe changing the formula was fair to the City of Arden Hills residents. She felt that Arden Hills was being penalized for doing all the right things. Mayor Grant feared that the metro area would continually be chasing a goal that was constantly moving. He discussed how much the City of Arden Hills has spent on I&I. Metropolitan Councilmember McCarthy commented that I&I was not just a Met Council issue but was a legislative issue as well. Councilmember Holden was very interested to see how Met Council sewer rates would be impacted after Shoreview completes their sewer treatment plant. Mr. Wojchik shifted the conversation to affordable housing requirements in the metro area. He was pleased by the work the Council has done for TCAAP and how the land has been guided. He explained there was a need for senior housing in the metro area at this time. He then described the livable communities program. He indicated Arden Hills was currently meeting its goals within this program. The various grant types available for housing were discussed at length. Mayor Grant requested the Met Council provide the Council with the amount of grant money that Arden Hills has received in the past 15 years. Mr. Wojchik commented he could provide the Council with this information. Councilmember Holden was interested to learn more about the grants that were available to Arden Hills. Metropolitan Councilmember McCarthy stated she could work to gather this information for the City. Councilmember Holden inquired if there were any other connection ideas the Met Council had for tying TCAAP into the remainder of Arden Hills. Mr. Wojchik encouraged the City to speak with the Urban Land Institute. Councilmember Holden encouraged the Met Council to take advantage of the City’s local newsletter by drafting articles with the happenings at the Met Council. Mayor Grant thanked Metropolitan Councilmember McCarthy and her associates for being present this evening. D. 2017 Budget Parameters Interim City Administrator/Director of Finance and Administrative Services Iverson stated staff had identified a number of factors that will influence the 2017 Budget. She requested further input from the Council on the 2017 budget. ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 7 Councilmember Wicklund requested further information on the budget from a 20,000-foot aerial view. Interim City Administrator/Director of Finance and Administrative Services Iverson reviewed the general fund budget from a broad perspective in further detail with the Council. She noted the City had an approximate $700,000 surplus in 2015 and had a 62.9% fund balance. Councilmember Wicklund was interested in investing the City’s surplus into infrastructure. Mayor Grant recommended the City work with the County on the trail section south of the railroad. He stated he had discussed this possibility with County Commissioner Huffman. Councilmember Holden questioned when the budgets from police and fire would be available. Interim City Administrator/Director of Finance and Administrative Services Iverson reported she had received the numbers but had not had a chance to review them. Councilmember Holden indicated she was in favor of proceeding with a 5% tax levy. Councilmember Holmes could support a levy of public safety plus 2%. Mayor Grant supported this recommendation as well. However, he wanted to see what was included or removed. Interim City Administrator/Director of Finance and Administrative Services Iverson questioned what the COLA adjustment should be for 2017. She noted a 2.75% increase was approved for 2016. Further discussion ensued regarding the City’s COLA and step raise increases. Councilmember Holmes supported a 2% COLA increase. Councilmember Holden supported a 2.5% COLA increase. She also wanted to see the healthcare split changed to 40/60 with the City paying 40% and employees paying 60%. Mayor Grant believed a 2% COLA was fair. Councilmember Wicklund was in favor of a COLA increase higher than 2.5%. Councilmember Holden commented on the Johanna Marsh tennis court. She suggested money be put into the CIP for renovation of this park. Councilmember Wicklund questioned how the CIP was funded. Interim City Administrator/Director of Finance and Administrative Services Iverson defined how the City funded the CIP. ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 8 Mayor Grant wanted to see a feasibility study completed on the trail segment for the Bethel Trail. Councilmember Wicklund supported this item being put into the CIP. Councilmember Holden recommended the City consider a connection to TCAAP in the 2017 CIP. Mayor Grant suggested this not be placed in the CIP but rather that this connection be pursued by the County. He wanted to see the amount set aside for I&I reduced from $400,000 every two years to $400,000 every four years. Acting Public Works Director Anderson commented on the grants available from Met Council for I&I every two years. The Council discussed the City’s I&I efforts and current infrastructure. Councilmember Holmes recommended the City maximize its I&I efforts in order to receive the most in grants from the Met Council. Interim City Administrator/Director of Finance and Administrative Services Iverson asked if the Council wanted $100,000 or $200,000 into the PIR fund. Councilmember Holmes and Mayor Grant supported $200,000 being put into the PIR fund. Councilmember Holden wanted to see the Public Works continue to overlay streets in need of repair without requiring a full reconstruction. Interim City Administrator/Director of Finance and Administrative Services Iverson thanked the Council for their input. She explained she would work on a preliminary budget and would report back to the Council at a future work session meeting. E. Trail Priorities Acting Public Works Director Anderson stated Councilmember Wicklund requested the City Council discuss priorities related to trails in Arden Hills. He reviewed several trail maps with the Council. Given that staff and the City Council will soon be working on the Capital Improvement Plan for the coming years, this item is relevant as it can provide staff with direction on specific trail segments the City Council wishes to see programmed. Councilmember Wicklund asked if the Bethel trail would go all the way to County Road E2. Mayor Grant explained the City’s commitment was to get the trail to the entrance of Bethel. It was noted this trail had to be completed by 2018. Councilmember Wicklund recommended the trail be continued to County Road E2. ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 9 Councilmember Holden questioned what the various colors on the trail map meant. Acting Public Works Director Anderson discussed what the various colors meant on the trail maps. Discussion ensued the existing and proposed trail segments for the City. Mayor Grant summarized the discussion stating the Council was in agreement there were several trail segments that needed to be completed. The Council needed to understand how much these segments would cost before proceeding. F. Engineering Pool – Request for Qualification Acting Public Works Director Anderson stated the City of Arden Hills established an engineering consultant pool in 2007 under the direction of City of Roseville staff. Since that time the pool concept as it related to engineering consultants had not been updated. The City Council previously discussed engineering consultant selection and expressed an interest in reviving the consultant pool. Staff prepared a Request for Qualifications (RFQ) to be sent out to solicit interest in an engineering consultant pool in a number of different types of work. The schedule for the RFQ is as follows: 1. Issue Request for Proposal ................................................................................ June 29, 2016 2. Questions due to City staff ..................................................................................July 14, 2016 3. SOQs due ...........................................................................................................July 21, 2016 4. City completes evaluation of SOQs....................................................................July 28, 2016 5. Council approval .............................................................................................August 8, 2016 Acting Public Works Director Anderson explained the full RFQ was provided to the City Council. It was staff’s intent to send a notice of this RFQ to about 20 consultants that do work in these areas of expertise. In addition, staff plans to advertise this RFQ on the League of Minnesota Cities website. Mayor Grant supported the proposed timeline. Councilmember Holden asked if the City would have a pool of engineering candidates to work with or a single consultant. Acting Public Works Director Anderson described how the proposals could be pooled. He explained the City did not have any intention of working with a single consultant. The intent of the pool would be to assist the City in narrowing its focus for future projects. Mayor Grant requested this item come back to the Council at their next meeting for approval on the Consent Agenda. G. Boulevard Maintenance Acting Public Works Director Anderson indicated Public Works cuts nearly 50 acres of grass throughout the city in various locations, much of which is located in City parks or along trails. He ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 10 stated Public Works also maintains areas around lift stations, water towers and other City-owned property. He said that some of the areas historically mowed fall in boulevards adjacent to private property and that staff has reviewed those areas to ensure City property is being maintained and not private property. He indicated that some locations being maintained by the City are private property and include: 1445 Floral drive (across from Floral park), the east boulevard along Hamline Avenue between Floral Drive and Wyncrest. Acting Public Works Director Anderson stated staff has reviewed the City’s procedure and asked for direction regarding how to proceed. He stated staff would continue to maintain areas where the sight distance is limited at intersections such as along the east side of Snelling Avenue south of Lindy’s Park. Councilmember Holden recommended the City not continue to mow private land. She suggested a letter be sent to the affected property owners to explain the situation. Councilmember Wicklund asked if it was true that if the City maintained (mowed) a portion of property for a certain length of time that the private property could be claimed by the City. He encouraged the City to be in communication with the property owners if a maintenance change was made on private property. Mayor Grant understood that many states had a similar law in place. Further discussion ensued regarding the impacted properties throughout the City. Councilmember Wicklund recommended staff speak with Boston Scientific to explain what portions of the right of way they would be responsible for mowing. Acting Public Works Director Anderson stated that if the City continued to mow portions of the Hamline Avenue right-of-way, they may have to mow all of it. Councilmember Holmes suggested the three lots that do not have access continue to be mowed by the City. Councilmember Wicklund preferred to have the mowing be done in order for the City to remain nice looking, rather than having property line disputes. Mayor Grant agreed that this area of the City needed to look reasonable and should be mowed on a 13- to 14-day cycle. Further direction was provided to staff on improving communication between the City and the property owners. H. Johanna Marsh Tennis Court Acting Public Works Director Anderson stated in May of 2016 staff brought forward concerns about the safety of the playing surface at the Johanna Marsh tennis court. The City Council directed staff to contact the insurance carrier and get direction regarding closing the court because the play surface is uneven and creates a tripping hazard. Council also directed staff to notify the association in that neighborhood of any developments. The recommendation from the insurance ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 11 carrier was that the court should be closed. Staff locked the court, posted a sign and contacted the Association president. Discussion at the May 16, 2016 City Council workshop also touched on future plans for the court. Given the tennis court is presumably constructed on questionable soils and there has been settlement that has taken place over time, repairs and reconstruction costs could be substantial. This court was planned to be resurfaced in 2014 but the contractor the City was dealing with had more work that he could complete that year and the work was not done. When staff requested quotes in 2015 for this court to be resurfaced, the consensus of the contractors was the bituminous base needed to be addressed before it was worth resurfacing the court. Acting Public Works Director Anderson indicated the City Council referred the matter to the Parks Trails and Recreation Committee to get input from the neighborhood on the tennis court and alternatives if the tennis court is cost prohibitive in this location, a draft copy of their survey is attached. At this point there has been no current cost estimate prepared associated with rehabilitating the tennis court. In order to establish the paving section and soil corrections needed to support a tennis court, soil borings would need to be drilled and opinion from a geotechnical engineer should be obtained. Additionally, assuming some sort of soil corrections are needed, a wetland delineation should be prepared to identify if wetland impacts are a factor. Staff reviewed the history of this tennis court in detail with the Council and requested feedback on how to proceed. Councilmember Wicklund recommended the Council create a plan for this park given the importance of this park to the adjacent neighborhood and that this plan be communicated to the neighbors. He asked if the Council can determine what the City had committed to for the tennis court. He suggested that this financial commitment be offered to the neighborhood and that the neighborhood then be allowed to continue as they wish. Councilmember Holden wanted to better understand what the problems are with the tennis court and what the cost was to replace it. She knew it was built in 1974 and should have been resurfaced. She indicated she wanted to better understand the problems at the court and the expense to replace it prior to creating a plan. Mayor Grant suggested a plan be created to rehab the tennis court in order to find out what it would take. Acting Public Works Director Anderson understood the Council would like staff to do some research on the site in order to make cost estimates. Councilmember Wicklund estimated the cost to do a typical court reconstruction would be $50,000 to $75,000. Acting Public Works Director Anderson agreed with this estimate and stated additional costs may be involved in soil corrections at this site. Councilmember Holmes did not believe the tennis court was in that poor of a condition. She recommended a survey be conducted to see how often the park and tennis court were used. She ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 12 suggested a question be asked if the neighborhood would be willing to assist with the expense of the court. Councilmember Holden and Councilmember Wicklund were not in favor of this information being gathered at this time. Acting Public Works Director Anderson stated the PTRC was creating a survey and the neighborhood has been informed that this would be forwarded in the near future. Staff was directed to conduct soil borings on the tennis court in order to gather information on the soil conditions and recommended the survey be held off until information from the soil borings was available for review by the City Council. I. Personnel Committee Update Interim City Administrator/Director of Finance and Administrative Services Iverson explained the Personnel Committee had an update for the Council. Mayor Grant explained Stacie Kvilvang with Ehlers & Associates would be assisting the City in the absence of a City Administrator and a Community Development Director. He believed this was a cost effective solution for the City. He stated the Personnel Committee was recommending that the Council accept the proposal from Ehlers. He noted she would serve as the City’s financial advisor and do Community Development work. He believed this recommendation would be a way for the City to move forward without staffing delays. Councilmember Wicklund supported the recommendation. Interim City Administrator/Director of Finance and Administrative Services Iverson stated this item would be placed on a future Council meeting for approval on the Consent Agenda. Mayor Grant indicated Bill Joynes was completing a proposal for the City Administrator position. He commented the Personnel Committee was hoping to find a candidate prior to needing to complete the full search process again. He understood there were three possible candidates available at this time. Mayor Grant noted Julie Hanson accepted the City Clerk position. He indicated an internal posting for the Deputy Clerk position would be posted shortly. J. League of Minnesota Cities Conference Councilmember Holden provided a summary of the conferences she recently attended at the League of Minnesota Cities Conference. She recommended the Council review the information she gathered regarding playground equipment. She thought this information may be valuable when planning for TCAAP. She stated there were many companies that assist with streetscaping, which may also benefit the Council. She indicated the price for a water tower was up to $3 or $4 per gallon. She discussed the fact that water towers were now had major homeland security requirements. ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 13 Councilmember Holmes reported she had the City’s GreenStep City award from the LMC conference and would present this at the next Council meeting. K. Communication Committee Fund Request Councilmember Wicklund stated the Communications Committee would like to update the newsletter that would move away from using clipart in order to create a newer and fresher look. He requested the Council consider approving an $800 to $1,000 expense which would allow a graphic designer to create a new version of the City’s newsletter. Councilmember Holden believed this was a good use of funds. She wanted to see the City move away from paper. Councilmember Wicklund understood the redesigned newsletter would have to be online compatible. Councilmember Holmes agreed the newsletter should not be mailed out any longer, but rather should be available digitally. L. Ramsey County League of Local Government Article Update Councilmember Wicklund stated if the City wanted to submit an article for the Ramsey County League of Local Government newsletter the deadline was July 1st. Councilmember Holmes was in favor of an article being completed on TCAAP. Councilmember Holden explained an article was completed for TCAAP and believed there was no new information available for their next newsletter. 2. COUNCIL COMMENTS AND STAFF UPDATES Mayor Grant stated Clearway has claimed they could save cities on postage. He noted a number of other cities were utilizing Clearway for mailing services. He suggested staff look into this further. Mayor Grant understood a number of trees were treated in 2014 for Emerald Ash Borer. He asked if this was still an issue and if these trees needed to be treated again. He also requested an update on the lighting on County Road E. Acting Public Works Director Anderson stated his understanding was that the Council wanted two lights on the south side of the trail to light the sidewalk. He indicated he read through the minutes from the meetings and did not find any other indicators that more lighting was required than for the trail. Further discussion ensued regarding the lighting along County Road E. Mayor Grant believed the current lighting along this roadway was insufficient for traffic at night. ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 14 Councilmember Holmes believed the lighting was insufficient as well. It was her hope that the bridge would be more nicely illuminated. Mayor Grant recommended each of the Councilmember drive the bridge at night and provide staff with feedback. He questioned how much it would cost to replace the poles and lights. Councilmember Holden did not want to light the other side of the bridge as this may encourage additional pedestrian traffic where there is not a trail. Mayor Grant requested staff provide the Council with how much it cost to complete Thom Drive. Acting Public Works Director Anderson explained there was one issue with borrowing a County truck during the Thom Drive work. He noted a rock hit the windshield and would need to be replaced. Mayor Grant recommended the windshield be replaced by the City in order to keep relations between the City and County positive. The Council was in agreement. Mayor Grant asked if the Council was interested in pursuing a Gateway Sign in 2017 for TCAAP. Councilmember Holden questioned if another HVAC vendor should be considered. Interim City Administrator/Director of Finance and Administrative Services Iverson stated this was being discussed by staff. Councilmember Holden discussed the expense of sodium lights versus LEDs and requested staff investigate this further to see how many sodium lights remain in the City. Councilmember Holden stated she spoke to the County regarding the tree trimming trucks that are being parked for days in the City. The response she received from Terry Soukkala was that they only have five officers on to cover a very large area. She expressed concern that the City of Arden Hills have an officer in the area during the night time hours. Interim City Administrator/Director of Finance and Administrative Services Iverson commented on the City’s solicitor licensing process that other cities follow. Councilmember Holden recommended an article be drafted for the upcoming newsletter encouraging homeowners to ensure their tree trimmers were insured. Councilmember Wicklund was not in favor of creating more regulation. There was Council consensus of requiring tree trimmers to be licensed with the City of Arden Hills. ARDEN HILLS CITY COUNCIL WORK SESSION – JUNE 20, 2016 15 Councilmember Wicklund stated he would not be able to attend the July 18th Council Work Session meeting. He indicated he could call in for the meeting if held after 7:00 p.m. Councilmember Holmes explained Sue Schroeder would be attending the next Council meeting and would be presented with her certificate of appreciation. ADJOURN Mayor Grant adjourned the City Council Work Session meeting at 9:22 p.m. __________________________ __________________________ Julie Hanson David Grant City Clerk Mayor Page 1 of 1 DATE: July 11, 2016 TO: Honorable Mayor and City Council Members 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 2016 Payroll #13 .................................................................................... $ 99,772.62 Total Payroll $ 99,772.62 Accounts Payable Claims Through 07/08/2016 Paid Claims (Check No 0 Department of Labor) ................................... $ 5,896.89 Paid Claims (Check No 45837-Check No 45872) ................................. $ 73,625.63 Paid Claims (Check No 45873-Check No 45875) ................................. $ 439,904.57 Total Accounts Payable $ 519,427.09 Total Claims $ 619,199.71 CONSENT ITEM 5A MEMORANDUM CITY OF ARDEN HILLS PAYROLL # 13 CHECKS DATED: 07/01/16 Biweekly: 06/11/16 - 06/24/16 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 6,750.58 EFT SIT 2,847.14 EFT FICA Oasdi 4,344.49 EFT FICA Medicare 1,016.08 EFT TOTAL TAXES 14,958.29 Health Premium 2,111.10 A/P Check* Dental Premium A/P Check* FSA Health Care Reimb. 133.33 A/P Check* FSA Dependent Care Reimb. 208.33 A/P Check* TOTAL FLEXIBLE SPENDING 2,452.76 HSA Health Saving 570.09 Health Care Savings Plan EFT Health Care Savings Plan-2% 218.21 EFT Health Care Savings Plan-4% 527.68 EFT TOTAL HEALTH SAVINGS 1,315.98 PERA 3,854.51 EFT ICMA 932.08 EFT Central Pension Fund-Union 614.40 A/P Check* MN State Retirement System 709.86 EFT TOTAL RETIREMENT 6,110.85 IUOE 49 Dues (Union) 136.00 A/P Check* LTD/STD Insurance 1,072.78 A/P Check* PERA Life Insurance 32.00 A/P Check* 4,447.53 1,458.34 1,458.34 4,447.53 13,337.31 1,050.50 14,387.81 CITY BENEFIT 4,344.49 1,016.08 5,360.57 PERA Life Insurance 32.00 A/P Check Life/Addl/Dep Life 177.99 A/P Check* Public Employee Long Term Care A/P Check* UNUM 42.55 A/P Check* AFLAC 191.58 EFT Avesis-Vision Care 5.43 A/P Check* TOTAL VOLUNTARY 1,658.33 Total Employee Deductions 26,496.21 Net Payroll Direct Deposit 47,537.06 EFT Gross Payroll Tie-Out 74,033.27 STD/LTD Gross - Up Plus City Paid Benefit 25,739.35 ICMA Benefit Held 0.00 TOTAL PAYROLL COST 99,772.62 FICA TIE-OUT Gross Payroll 74,033.27 Less Total FSA 2,452.76 Plus Employer Match ICMA 0.00 Plus ICMA Benefit Held 0.00 Net P/R Subject to FICA 71,580.51 FICA Oasdi @ 6.20% 4,344.49 FICA Medicare @ 1.45% 1,016.08 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. 85.10 85.10 1 Ashley Bertrand From:State of Minnesota Department of Labor and Ind [noreply@epymtservice.com] Sent:Thursday, July 07, 2016 4:53 PM To:Ashley Bertrand Subject:Payment Confirmation for Building Permit Surcharge *** PLEASE DO NOT RESPOND TO THIS EMAIL *** Thank you for your payment. This email is to confirm your payment submitted on Jul-07-2016 for Building Permit Surcharge. Confirmation Number: DLIMN1000244235 Payment Amount: $5,896.89 Scheduled Payment Date: Jul-08-2016 Amount Due: $5,896.89 Account Nickname: -9377 Routing Transit Number: 091000022 Account Number: *9377 Account Type: Checking Account Category: Business If you have questions about this payment or need assistance, please view the payment online at http://cp.mcafee.com/d/5fHCN8SyMUed7arPbNEVdTdFT7fcFzANPxJeUVVBcseohdFT7fcFzANPNJ6ZNPWb wWX1Li7ND7o80GQFBGKX53U4V7DQU02rJapqHKNg- 1ehVZe00CS67rue7fZvAT6n4PhOVRXBQQTxTc6zB5VUQsEYJt6OaaJTCul3PWApmU6CQjq9K_9zDHIzzhOyYYrK r018lfBR9Xf-lxPtcmQJrUj-e6UlzWNVo5uImlDjUCpm_BPqrdNNIbqml- 4Ph09lwXaaKPBm1EwtH4Qg3bszQ9g8Cy0bv5mkPh0cdNIjS97PrZPrEDdP_dT , or call Customer Service at (651)284-5021. The above payment was processed with authorization to make a single entry ACH debit of the above listed account. If you did not authorize this payment please contact Customer Service at (651)284-5021. Thank you for using the MN Dept of Labor & Industry electronic payment system. Accounts Payable User: Printed: ashley.bertrand 7/8/2016 5:49 AM Checks by Date - Detail by Check Date Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0192 Grainger, Inc 06/30/2016ACH 9126466813 PW Supplies PW Supplies 15.34 9127555283 PW Supplies PW Supplies 128.16 9128255792 PW Supplies PW Supplies 183.36 9130896500 PW Supplies PW Supplies 26.60 353.46Total for this ACH Check for Vendor 0192: 0230 MTI Distributing Co.06/30/2016ACH 1064096-00 PW Supplies PW Supplies 201.49 201.49Total for this ACH Check for Vendor 0230: 0292 Oxygen Service Company, Inc.06/30/2016ACH 03342787 May 2016 Rental May 2016 Rental 19.22 19.22Total for this ACH Check for Vendor 0292: 0339 Ferguson Waterworks 2516 06/30/2016ACH 0190356 Water Supplies Water Supplies 3,878.89 3,878.89Total for this ACH Check for Vendor 0339: 0387 ICMA Retirement Trust- #302482 06/30/2016ACH PR Batch 00100.07.2016 ICMA Employee DeductionPR Batch 00100.07.2016 ICMA Employee Deduction 75.00 PR Batch 00100.07.2016 ICMA Employee PercentPR Batch 00100.07.2016 ICMA Employee Percent 857.08 932.08Total for this ACH Check for Vendor 0387: 0750 Verizon Wireless 06/30/2016ACH 9766659733 May/June 2016 Cell Phone Expenses May/June 2016 Cell Phone Expenses 120.06 9766872865 May/June 2016 Cell Phone Expenses May/June 2016 Cell Phone Expenses 964.38 1,084.44Total for this ACH Check for Vendor 0750: 0922 North Suburban Access Corporation 06/30/2016ACH 16-053 May 2016 Contracted Services May 2016 Contracted Services 257.40 257.40Total for this ACH Check for Vendor 0922: 0940 Zee Medical Services 06/30/2016ACH 54057294 Medical Supplies Medical Supplies 137.00 137.00Total for this ACH Check for Vendor 0940: 1041 Aaron Thelen 06/30/2016ACH 06272016-AT 6/13-6/23 Mileage Reimbursement 6/13-6/23 Mileage Reimbursement 73.44 73.44Total for this ACH Check for Vendor 1041: 1110 Pitney Bowes 06/30/2016ACH 04242016-PB April 2016 Postage April 2016 Postage 618.63 Page 1AP Checks by Date - Detail by Check Date (7/8/2016 5:49 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 04242016-PB April 2016 Postage April 2016 Postage 19.99 05232016-PB May 2016 Postage May 2016 Postage 1,000.00 06232016-PB June 2016 Postage May 2016 Postage 592.34 06232016-PB June 2016 Postage May 2016 Postage 549.49 06232016-PB June 2016 Postage May 2016 Postage 1,019.99 3,800.44Total for this ACH Check for Vendor 1110: 1782 Willie McCray 06/30/2016ACH 209 6/20-6/23 Umpiring Services 6/20-6/23 Umpiring Services 486.00 486.00Total for this ACH Check for Vendor 1782: 5596 Jamar Company 06/30/2016ACH 456382 Parks Supplies Parks Supplies 25.50 25.50Total for this ACH Check for Vendor 5596: 5648 Matthew Bachler 06/30/2016ACH 06272016-MB June 2016 Expense Report June 2016 Expense Report 13.39 06272016-MB June 2016 Expense Report June 2016 Expense Report 14.10 27.49Total for this ACH Check for Vendor 5648: CANON Canon Financial Services 06/30/201645837 16170255 June 2016 Copier Lease June 2016 Copier Lease 214.42 16170255 June 2016 Copier Lease June 2016 Copier Lease 1,215.08 1,429.50Total for Check Number 45837: 1033 Comcast 06/30/201645838 44271-050716 May-July 2016 TV Services May-July 2016 TV Services 12.65 12.65Total for Check Number 45838: 1032 Commercial Asphalt Co.06/30/201645839 160531 5/18-5/23 Asphalt Expense 5/18-5/23 Asphalt Expense 6,256.03 160531 5/18-5/23 Asphalt Expense 5/18-5/23 Asphalt Expense 1,107.55 7,363.58Total for Check Number 45839: 3499 Consolidated Communications 06/30/201645840 2015-01123 ROW # 2015-01123 Refund ROW # 2015-01123 Refund 1,000.00 1,000.00Total for Check Number 45840: 0390 INT'L Union Operating Engineers-Union Dues06/30/201645841 06022016-INT June 2016 Union Dues June 2016 Union Dues 268.00 268.00Total for Check Number 45841: 1450 League of MN Cities Inc. Trust (SP)06/30/201645842 06302016-LMC Q2 2016 Claim # 11053070 Payment Q2 2016 Claim # 11053070 Payment 690.90 690.90Total for Check Number 45842: 5138 League of MN Cities Ins. Trust 06/30/201645843 53386 Data Breach Data Breach 500.00 500.00Total for Check Number 45843: MONTD David Montgomery 06/30/201645844 06232016-DM 2016 Basketball Camp 2016 Basketball Camp 2,040.00 Page 2AP Checks by Date - Detail by Check Date (7/8/2016 5:49 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 2,040.00Total for Check Number 45844: 7025 On Site Sanitation 06/30/201645845 267807 6/18-7/15 Rental 6/18-7/15 Rental 1,010.00 1,010.00Total for Check Number 45845: 0811 Ramsey County 06/30/201645846 06272016-RC Tax Settlement Tax Settlement 105.31 105.31Total for Check Number 45846: 6748 Reliance Standard 06/30/201645847 GL154938-0716 July 2016 Premiums July 2016 Premiums 1,380.30 1,380.30Total for Check Number 45847: SRFC SRF Consulting Group, Inc.06/30/201645848 09263.00-1 PC 16-014 Lighting Escrow PC 16-014 Lighting Escrow 2,981.80 2,981.80Total for Check Number 45848: 0327 Staples Business Advantage 06/30/201645849 3304556200 May 2016 GPS Expenses Office Supplies 140.58 140.58Total for Check Number 45849: 1161 Valley-Rich Co., Inc.06/30/201645850 22752 3308 Katie Lane Watermain Repair 3308 Katie Lane Watermain Repair 3,366.12 3,366.12Total for Check Number 45850: 1557 Van Iwaarden Associates 06/30/201645851 06062016-VI GASB 45 Actuarial Services GASB 45 Actuarial Services 260.00 06062016-VI GASB 45 Actuarial Services GASB 45 Actuarial Services 260.00 06062016-VI GASB 45 Actuarial Services GASB 45 Actuarial Services 260.00 06062016-VI GASB 45 Actuarial Services GASB 45 Actuarial Services 260.00 06062016-VI GASB 45 Actuarial Services GASB 45 Actuarial Services 260.00 1,300.00Total for Check Number 45851: 9755 Verizon Networkfleet Inc 06/30/201645852 OSV000000410420 May 2016 GPS Expenses May 2016 GPS Expenses 360.05 360.05Total for Check Number 45852: WECT Tom Weko 06/30/201645853 06222016-TW 2016 Volley Ball Camp 2016 Volley Ball Camp 3,704.40 3,704.40Total for Check Number 45853: 38,930.04Total for 6/30/2016: 0225 Lillie Suburban Newspapers 07/08/2016ACH 05312016-LSN May 2016 Publications May 2016 Publications 242.55 05312016-LSN May 2016 Publications May 2016 Publications 128.22 370.77Total for this ACH Check for Vendor 0225: 1001 Sprint/Nextel Communications 07/08/2016ACH Page 3AP Checks by Date - Detail by Check Date (7/8/2016 5:49 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 196110738-037 May/Jun 2016 Phone Bill May/Jun 2016 Phone Bill 169.27 169.27Total for this ACH Check for Vendor 1001: 1597 Midwest Lock & Safe, Inc.07/08/2016ACH 30109 City Hall Repair City Hall Repair 3,047.15 3,047.15Total for this ACH Check for Vendor 1597: 1782 Willie McCray 07/08/2016ACH 210 6/27-6/30 Umpiring Services 6/27-6/30 Umpiring Services 486.00 486.00Total for this ACH Check for Vendor 1782: 4889 Community Footworks 07/08/2016ACH 07062016-CF July 2016 Foot Clinic July 2016 Foot Clinic 299.20 299.20Total for this ACH Check for Vendor 4889: 6009 Ziegler, Inc.07/08/2016ACH PC050162504 PW Supplies PW Supplies 136.81 PC050162505 PW Supplies PW Supplies 46.35 183.16Total for this ACH Check for Vendor 6009: ANDEJ John Anderson 07/08/2016ACH 07062016-JA 6/2-6/24 Mileage 6/2-6/24 Mileage 44.82 44.82Total for this ACH Check for Vendor ANDEJ: LACI Sports Unlimited 07/08/2016ACH 06242016-SU 6/20-23 Sports Camp 6/20-23 Sports Camp 237.00 237.00Total for this ACH Check for Vendor LACI: 1125 Bolton & Menk, Inc.07/08/2016ACH 0190970 Apr/May 2016 LS#11 Expenses Apr/May 2016 LS#11 Expenses 8,792.10 8,792.10Total for this ACH Check for Vendor 1125: 1252 Campbell Knutson - Attorneys at Law 07/08/2016ACH 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 1,142.60 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 103.60 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 70.00 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 1,536.70 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 350.00 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 140.00 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 630.00 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 70.00 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 23.10 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 921.80 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 817.70 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 875.00 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 401.20 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 1,260.98 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 70.00 3231G-0516 May 2016 Legal Expenses May 2016 Legal Expenses 30.80 8,443.48Total for this ACH Check for Vendor 1252: 3349 Hydro Klean, LLC 07/08/2016ACH 55251 CIPP Spot Repair: Approved 05.31.16 CIPP Spot Repair: Approved 05.31.16 9,840.00 Page 4AP Checks by Date - Detail by Check Date (7/8/2016 5:49 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 9,840.00Total for this ACH Check for Vendor 3349: 8029 MMKR & Co, PA 07/08/2016ACH 40212 2016 Audit Work Thru 05.31.16 2016 Audit Work Thru 05.31.16 3,593.00 40212 2016 Audit Work Thru 05.31.16 2016 Audit Work Thru 05.31.16 3,593.00 40212 2016 Audit Work Thru 05.31.16 2016 Audit Work Thru 05.31.16 3,593.00 40212 2016 Audit Work Thru 05.31.16 2016 Audit Work Thru 05.31.16 3,593.00 40212 2016 Audit Work Thru 05.31.16 2016 Audit Work Thru 05.31.16 3,593.00 17,965.00Total for this ACH Check for Vendor 8029: 0600 315800-NCPERS Minnesota 07/08/201645854 3158716 June 2016 Payroll Deductions June 2016 Payroll Deductions 64.00 64.00Total for Check Number 45854: 6047 Avesis Third Party Administrators, Inc 07/08/201645855 1413235 July 2016 Vision July 2016 Vision 10.86 10.86Total for Check Number 45855: 0337 D-Rock Center Landscape Supply 07/08/201645856 3526 Streets Supplies Streets Supplies 111.80 111.80Total for Check Number 45856: FISG Gary L. Fischler & Assoc, PA 07/08/201645857 7581 Professional Development Professional Development 185.00 185.00Total for Check Number 45857: 7036 Gopher State Sealcoat, Inc 07/08/201645858 15908 City Hall Parking Lot Seal Coat City Hall Parking Lot Seal Coat 3,473.00 3,473.00Total for Check Number 45858: 0147 ISD 621-Mounds View Community Ed 07/08/201645859 6335 4/21 Room Rental 4/21 Room Rental 72.00 72.00Total for Check Number 45859: 5579 Bill Joynes 07/08/201645860 07072016-BJ April-June 2016 Expenses: CA Search April-June 2016 Expenses 687.50 07072016-BJ April-June 2016 Expenses: Personnel Issues April-June 2016 Expenses 6,312.50 7,000.00Total for Check Number 45860: 5443 Metro Products, Inc.07/08/201645861 117933 PW Supplies PW Supplies 202.39 202.39Total for Check Number 45861: 1058 MIDC Enterprises 07/08/201645862 I0038364 Parks Supplies Parks Supplies 74.35 74.35Total for Check Number 45862: 5592 NovaCare Rehabilitation 07/08/201645863 841802214 HR Procedures HR Procedures 110.00 110.00Total for Check Number 45863: Page 5AP Checks by Date - Detail by Check Date (7/8/2016 5:49 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0155 Office of MN IT Services 07/08/201645864 W16050680 May 2016 Phone Bill May 2016 Phone Bill 754.81 754.81Total for Check Number 45864: 0811 Ramsey County 07/08/201645865 EMCOM-005179 May 2016 Fleet Support Fee May 2016 Fleet Support Fee 24.96 EMCOM-005224 May 2016 911 Dispatch May 2016 911 Dispatch 4,719.13 EMCOM-005239 May 2016 CAD Services May 2016 CAD Services 929.23 PRRLG-001600 2016 Special Assessment Payment 2016 Special Assessment Payment 326.25 PRRLG-001600 2016 Special Assessment Payment 2016 Special Assessment Payment 326.25 PRRLG-001600 2016 Special Assessment Payment 2016 Special Assessment Payment 326.25 PRRLG-001600 2016 Special Assessment Payment 2016 Special Assessment Payment 326.25 6,978.32Total for Check Number 45865: 1202 Rice Creek Boat Club 07/08/201645866 06292016-JM 2016 Canoe Camp 2016 Canoe Camp 604.00 604.00Total for Check Number 45866: 0435 SAM's Club 07/08/201645867 06142016-SAMs Membership Renewal Membership Renewal 45.00 45.00Total for Check Number 45867: 0751 Short Elliott Hendrickson, Inc.07/08/201645868 316657 PW 12-0029-001-03 May Expenses PW 12-0029-001-03 May Expenses 913.07 316658 PW 12-0029-003-05 May Expenses PW 12-0029-003-05 May Expenses 581.27 316659 PW 12-0029-002-05 May Expenses PW 12-0029-002-05 May Expenses 1,398.60 2,892.94Total for Check Number 45868: 0327 Staples Business Advantage 07/08/201645869 3305043418 Office Supplies Office Supplies 97.61 97.61Total for Check Number 45869: 1425 Street Smart Rental 07/08/201645870 161240 Strrets Parts Strrets Parts 276.14 276.14Total for Check Number 45870: 0576 TimeSaver Off Site Secretarial 07/08/201645871 M22177 May 24-June 13 Meetings May 24-June 13 Meetings 340.25 M22177 May 24-June 13 Meetings May 24-June 13 Meetings 339.00 M22177 May 24-June 13 Meetings May 24-June 13 Meetings 396.75 1,076.00Total for Check Number 45871: 5522 What Works, Inc.07/08/201645872 AH CC 16-01 Council Goal Setting & Retreat Council Goal Setting & Retreat 5,830.00 5,830.00Total for Check Number 45872: 1032 Commercial Asphalt Co.07/08/201645873 160615 Thom Drive Repairs and Expenses Thom Drive Repairs and Expenses 28,048.32 28,048.32Total for Check Number 45873: 0495 Lake Johanna Fire Department Inc.07/08/201645874 561 2016 2nd Payment 2016 2nd Payment 247,607.98 Page 6AP Checks by Date - Detail by Check Date (7/8/2016 5:49 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 247,607.98Total for Check Number 45874: 0811 Ramsey County 07/08/201645875 PRMG-003235 Q2 2016 PW Rent July 2016 RC Sheriff 27,077.50 SHRFL-001512 July 2016 RC Sheriff July 2016 RC Sheriff 92,130.19 119,207.69Total for Check Number 45875: 474,600.16Total for 7/8/2016: Report Total (64 checks): 513,530.20 Page 7AP Checks by Date - Detail by Check Date (7/8/2016 5:49 AM) CONSENT ITEM – 5B City of Arden Hills City Council Meeting for July 11, 2016 P:\Planning\Planning Cases\2016\PC 16-013 - Conditional Use Permit Amendment - Mounds View HS\Memos_Reports_16-013 Page 1 of 1 MEMORANDUM DATE: July 11, 2016 TO: Honorable Mayor and City Councilmembers Sue Iverson, Acting City Administrator FROM: Ryan Streff, City Planner SUBJECT: Planning Case #16-013 Applicant: Mounds View High School Property Location: 1900 Lake Valentine Road Request: Conditional Use Permit (CUP) Amendment & Variance Resolution Requested Action Motion to approve the Conditional Use Permit (CUP) Amendment and Variance Resolution 2016-024, based on the June 27, 2016, City Council approval of Planning Case 16-013. Background On June 27, 2016, the City Council approved Planning Case 16-013 for a Conditional Use Permit (CUP) Amendment and Variance in order to install a new scoreboard, press box, and storage building on the Mounds View High School athletic field complex located at 1900 Lake Valentine Road. The City Attorney has prepared the PUD Amendment (Attachment A) and Variance Resolution 2016-024 (Attachment B). Attachments A. Mounds View High School – CUP Amendment B. Mounds View High School – Variance Resolution 2016-024 187685v2 1 (reserved for recording information) CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AMENDMENT TO CONDITIONAL USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Arden Hills hereby grants an amendment to conditional use permit for the following use: improvements to the Mounds View High School facilities that include the replacement of the stadium scoreboard, construction of a new press box, and the construction of a block storage building. 2. Property. The permit is for the property located at 1900 Lake Valentine Road, legally described on Exhibit A, attached hereto, in the City of Arden Hills, Ramsey County, Minnesota (“subject property"). 3. Conditions. The permit is issued subject to the following conditions: A. That the project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. Said specifications and a description of the improvements are attached hereto as Exhibit B (consisting of 8 pages). B. That the applicant shall continue to abide by all previous agreements and Conditional Use Permits, as amended by the conditions of approval of this application. 187685v2 2 C. This CUP agreement shall be signed by the applicant and approved by Council prior to the issuance of any building permits. D. That a building permit shall be obtained for the proposed improvements to the athletic field complex. E. That building permits for the proposed improvements shall be issued by June 27, 2017, or an extension shall be requested at least 45 days preceding this deadline. F. That a minimum of one (1) tree shall be planted within the Mounds View High School property to meet the Zoning Code requirements. Each deciduous tree is required to be a minimum of two and one-half (2.5) caliper inches and coniferous trees are required to be six (6) feet in height. G. That all building and setback requirements shall be met. H. That an automatic dimmer module shall be installed to reduce the nighttime light output of the LED lighting of the scoreboard based on ambient light levels. I. That the sound system being installed within the scoreboard shall meet all applicable standards set by the EPA and MPCA. J. That the applicant shall cooperate with all reasonable requests from the City to modify direction and intensity of light and sound emitted from the scoreboard to mitigate its impact. K. That the scoreboard shall not be used as a dynamic sign to display messages or videos. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the allowed use has not been completed or the use commenced, this permit shall lapse. 6. Criminal Penalty. Both the owner and any occupant of the subject property are responsible for compliance with this conditional use permit. Violation of the terms of this conditional use permit is a criminal misdemeanor. 187685v2 3 Dated ____________________, 2016. CITY OF ARDEN HILLS By: _____________________________________ David Grant, Mayor (SEAL) And ____________________________________ Sue Iverson, Interim City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of _______________, 2016, by David Grant and by Sue Iverson, respectively the Mayor and Interim 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 187685v2 4 APPLICANT CONSENT TO CONDITIONAL USE PERMIT The undersigned applicant agrees to the conditions set forth in the permit on behalf of Mounds View High School pursuant to authorization and approval of its governing board and officials. The undersigned affirms that they have full authority to execute this consent on behalf of the applicant and acknowledge that if for any reason applicant is not bound by the signatures of the undersigned the conditional use permit shall not be valid. Dated ____________________, 2016. MOUNDS VIEW HIGH SCHOOL BY: _________________________________ STATE OF MINNESOTA ) (ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of _______________, 2016, by ____________________ on behalf of Mounds View High School and pursuant to authority granted by its governing board and officers. __________________________________ NOTARY PUBLIC 187685v2 5 DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 187685v2 6 EXHIBIT A Legal Description The East ½ of the Southeast ¼ of Section 27, Township 30, Range 23 and the East ¼ corner of said Section 27; thence run Southerly on the East line of said Section 27 for 1297.1 feet; thence run Westerly at right angles to said line for 90 feet; thence Northerly and parallel to said line a distance of 250 feet to the place beginning; thence continuing Northerly along said parallel line a distance of 250 feet; thence run Westerly at right angles and parallel to said line a distance of 250 feet; thence Easterly at right angles a distance of 435.6 feet, to the point of beginning in the “Subject Property”. 187685v2 7 EXHIBIT B 187685v2 8 187685v2 9 187685v2 10 187685v2 11 187685v2 12 187685v2 13 187685v2 14 1 188031v1 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2016-024 RESOLUTION APPROVING VARIANCES FROM SECITON 1325.01, SUBDIVISION 2(A) OF THE ARDEN HILLS CITY CODE WHEREAS, Planning Case 16-013 for Variances in order to install a new scoreboard and press box on the Mounds View High School Athletic field complex located at 1900 Lake Valentine Road and legally described on attached Exhibit A came before the City Council for review and approval on June 27, 2016; and WHEREAS, on June 8, 2016, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission, acting as the Board of Adjustment and Appeals, held a public hearing, at which time all persons desiring to be heard concerning this Application were given the opportunity to speak thereon; WHEREAS, on June 8, 2016, the Planning Commission recommended approval of Variances in order to install a new scoreboard and press box on the Mounds View Athletic field complex located at 1900 Lake Valentine Road, based on the findings of fact and submitted plans, as amended by the ten (10) conditions in the June 27, 2016 Report to the City Council; and WHEREAS, on June 27, 2016, the City Council directed preparation of findings for approval of the Variances. NOW, THEREFORE, BE IT RESOLVED that the City Council of Arden Hills, Minnesota hereby approves Applicant’s request for Variances from Section 1325.01, subdivision 2(A), of the Arden Hills City Code in order to install a new scoreboard and press box at 1900 Lake Valentine Road based on the following findings of fact and subject to the following conditions: FINDINGS OF FACT 1. The analysis contained within staff memorandums and the exhibits attached to the aforesaid memorandums, all minutes from the above mentioned meetings, and any and all other materials distributed at those meetings are hereby incorporated by reference. 2. The Applicant is Mounds View High School. 3. The Subject Property is 1900 Lake Valentine Road, Mounds View, Minnesota. 2 188031v1 4. The Subject Property is zoned R-1 Single Family Residential Zoning District. 5. Schools are permitted as a conditional use in the R-1 Single Family Residential Zoning District pursuant to Section 1320.05 of the Arden Hills City Code. 6. Mounds View High School operates under a Conditional Use Permit in the R-1 Zoning District. 7. Athletic fields and accessory equipment are permitted under the original CUP for Mounds View High School. 8. The applicant is requesting Variances in order to install a new scoreboard and press box on the athletic field complex. 9. The Variances are being requested to allow the scoreboard and press box to exceed fifteen (15) feet in height. 10. The applicant is requesting a Variance for the scoreboard height of 22-feet 11-inches above grade. 11. The applicant is requesting a Variance for the press box located on the “home side” of the football stadium height of 19-feet 4-inches above grade from the back of the bleachers or 33-feet 4-inches above grade of the playing field. 12. The proposed uses will not exceed the lot coverage limits for the Subject Property. 13. The proposed uses meet all setback requirements. 14. The proposed uses are in harmony with the purpose and intent of the Zoning Ordinance because scoreboards are permitted accessory uses with athletic fields. 15. The proposed uses are consistent with the Comprehensive Plan because the Subject Property is guided for its current and proposed use as a high school. 16. The proposed uses are reasonable because scoreboards and press boxes are addressed in the Zoning Ordinance as reasonable uses within educational athletic facilities. 17. The Subject Property is unique because of its size, the considerable setback from adjacent properties, and its use as a high school in a residential district. 18. The proposed use will not alter the essential character of the locality. 19. Because a scoreboard and press box at an athletic complex are reasonable uses, the Subject Property is unique, and approval of the Variances will not alter the essential 3 188031v1 character of the locality, strict enforcement of the Zoning Ordinance height requirements would cause the Applicant practical difficulties as defined by Minnesota Statute 462.357, subdivision 6. CONDITIONS 1. Construction of the scoreboard and press box shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. The Applicant shall continue to abide by all previous agreements and Conditional Use Permits, as amended by the conditions of approval of this application. 3. A Conditional Use Permit Amendment Agreement shall be prepared by the City Attorney and subject to City Council approval. The CUP agreement shall be signed by the applicant and approved by the City Council prior to issuance of any building permits. 4. Building permits shall be obtained for the proposed improvements to the athletic field complex. 5. Building permits shall be issued by June 27, 2017, or an extension shall be requested at least 45 days preceding this deadline. 6. A minimum of one (1) tree shall be planted within the Mounds View High School property to meet the Zoning Code requirements. Each deciduous tree is required to be a minimum of two and one-half (2.5) caliper inches and coniferous trees are required to be six (6) feet in height. 7. All building and setback requirements shall be met. 8. An automatic dimmer module shall be installed to reduce the nighttime light output of the LED lighting of the scoreboard based on ambient light levels. 9. The sound system being installed within the scoreboard shall meet all applicable standards set by the EPA and MPCA. 10. The scoreboard shall not be used as a dynamic sign to display messages or videos. 4 188031v1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 11th DAY OF JULY, 2016. ____________________________________ David Grant, Mayor ATTEST ______________________________ Julie Hanson, City Clerk 5 188031v1 EXHIBIT A Legal Description The East ½ of the Southeast ¼ of Section 27, Township 30, Range 23 and the East ¼ corner of said Section 27; thence run Southerly on the East line of said Section 27 for 1297.1 feet; thence run Westerly at right angles to said line for 90 feet; thence Northerly and parallel to said line a distance of 250 feet to the place beginning; thence continuing Northerly along said parallel line a distance of 250 feet; thence run Westerly at right angles and parallel to said line a distance of 250 feet; thence Easterly at right angles a distance of 435.6 feet, to the point of beginning in the “Subject Property”. Page 1 of 2 DATE: July 11, 2016 TO: Honorable Mayor and City Councilmembers Sue Iverson, Interim City Administrator FROM: John Anderson, Acting Public Works Director SUBJECT: Sanitary Sewer Repairs Requested Action Accept Proposal from Nova Frost Inc. for sanitary sewer repairs on Innovation Way and Briarknoll Drive in the amount of $13,580. Background Staff has become aware of the need to repair the sanitary sewer system at two locations. The first is along a sanitary sewer easement adjacent to Innovation Way. Boston Scientific is in the process of building a skyway to connect two buildings on either side of Innovation Way, the private street through the Boston Scientific Campus. As a precautionary measure, City staff televised the sanitary sewer that crosses under this skyway and found a problem with the pipe. The pipe is a 10 inch clay line that has a segment that has settled and created an offset joint. This clay line would be a candidate for lining in the future but could not be lined until this offset joint is corrected. Correction of this involves digging up the sewer and replacing the section of settled pipe with a PVC pipe. The second location is 1546 Briarknoll Drive. At this location, there is an 8 inch PVC pipe that has a sag in the line about 25 long. This sag collects grease deposits and has led to a number of backups over the years (1993, 2010 & 2016). The most recent backup occurred on June 5, 2016, and caused damage at 1553 Briarknoll Dr. As a result of that backup, the League of Minnesota Cities Insurance Trust is recommending corrective actions take place to minimize the risk of future backups in this area. AGENDA ITEM – 5C MEMORANDUM Page 2 of 2 Discussion Proposals were solicited from two contractors to repair the sewer in these two locations. Two quotes were received. The Nova Frost quote is in the amount of $13,580 and the quote from Valley Rich is $23,050. City Public Works staff will assist in the repair by trucking materials much like we do in a watermain break. The work would take about a day in each location and restoration work would follow. The City has contracted with Nova-Frost in the past for sewer and water repairs and has been pleased with their work Attachments Attachment A: Nova Frost Proposal Attachment B: Valley Rich Proposal 1. ju NOVA-FROST, INC. Eq u al Op p o r t u n i t y Em p l oy er 7264 Dickman Trail In ver Grove Heights, MN 55076 Phon e (651)480-8575 F a x (651) 480-8527 July 6, 2016 To: City of Arden Hills RE: Sanitary Sewer Repairs Attn: John Anderson Hi John, The following are the costs to repair the two sewer lines as discussed: Repair along Innovation Blvd: $6,940.00. Includes straw blanket and see. Repair on Briarknoll (extra seed and black dirt for access): $7,440.00 If we do both locations, deduct $400 from each location price. Thanks, Mike Frost Date: 7.7.16 Bid: #16213 M Project: Arden Hills Utility Work Location: Arden Hills, MN Site Utilities Gate Valve Replacements - Valley-Rich Co., Inc. will provide all labor, equipment, and materials needed to replace (1) 6” gate valve, (4) 8” gate valves, and (2) 12” gate valves. All trucking, restoration, and traffic control are to be done by the City of Arden Hills. All work is to be done on a time and material basis. Base Bid: $45,200 Boston Scientific Sewer Repair - Valley-Rich Co., Inc. will provide all labor, equipment, and materials needed to replace up to 10’ of 10” sanitary sewer. Restoration of sod is included. All trucking, traffic control, and other restoration are to be done by the City of Arden Hills. All work is to be done on a time and material basis. Base Bid: $7,150 1546 Briarknoll Drive Sewer Repair - Valley-Rich Co., Inc. will provide all labor, equipment, and materials needed to replace up to 25’ of 8” PVC sanitary sewer. Restoration of sod is included. Erosion mats will be provided. City of Arden Hills is to provide all trucking, by-passing, tree removals, and other restoration. All work is to be done on a time and material basis. Base Bid: $15,900 Respectfully, Matt Miklya Exclusions: Dewatering, soil correction and/or replacement, removal of buried obstructions, restoration (other than listed above), compaction tests, hauling of excess soils, erosion control/inlet protection, hazardous material handling, irrigation, tree removal and/or replacement, grubbing, sheeting, shoring, bracing, and private utility locates. 147 Jonathan Blvd. N., Ste. 4 Chaska, Minnesota 55318 Office: (952) 448-3002 Fax: (952) 448-3362 DATE: July 11, 2016 TO: Honorable Mayor and City Councilmembers Sue Iverson, Interim City Administrator FROM: John Anderson, Acting Public Works Director SUBJECT: Accept Proposal for Soil Borings at Johanna Marsh Tennis Court Requested Action Accept Proposal from American Engineering Testing, Inc. in the amount of $3,900 to drill two soil borings at the Johanna Marsh tennis court site and provide a report detailing a pavement design for reconstruction of a tennis court at this location. Background The City of Arden Hills has programmed in the capital improvement plan replacement of the tennis court at the Johanna Marsh Park in 2017. The tennis court is showing signs of pavement deterioration and differential settlement that may be an indication soil correction would be needed associated with reconstruction of this tennis court. In order to adequately plan for replacement of the tennis court, soils information is a vital part. Discussion Staff solicited quotes from three geotechnical firms to collect soil information and provide a pavement design. Only two responses were received. The quotes were to include opening the chain link fence to get a drill rig into the tennis court, drill two locations on the tennis court to a depth of 10 feet, and close up chain link fencing when done. A report listing the observations collected in the soil borings and a pavement design providing a 50 year service life is to be provided to the City. City staff contacted Ramsey County Environmental staff and inquired about having a wetland delineation report for the site. Staff will determine if having Ramsey County provide this service is possible and can be done in a timely manner. If not, staff will return to the City Council with quotes to have an environmental firm produce a wetland delineation report. Attachments Attachment A: American Engineering Testing Proposal Attachment B: Braun Intertec Proposal AGENDA ITEM – 5D MEMORANDUM AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone:952.995.2000 Fax: 952.995.2020 Web: braunintertec.com July 6, 2016 Proposal QTB041553 Mr. John Anderson City of Arden Hills 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Re: Proposal for a Geotechnical Evaluation Johanna Marsh Park Tennis Court Reconstruction 3168 Ridgewood Road Arden Hills, Minnesota Dear Mr. Anderson: Braun Intertec Corporation respectfully submits this proposal to complete a geotechnical evaluation for tennis court reconstruction at the referenced site. Our Understanding of Project Per your e-mail, the existing tennis court was originally constructed in 1974 and is experiencing some settlement. We also understand the desire to reconstruct the court to and build it to a “50-year” pavement design standard. Purpose The purpose of our geotechnical evaluation will be to characterize subsurface geologic conditions at selected exploration locations and evaluate their impact on the design and construction of the Johanna Marsh Park tennis court. Scope of Services The following tasks are proposed to help achieve the stated purpose. If unfavorable or unforeseen conditions are encountered at any point during the completion of the tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming work. Site Access, Staking and Utility Clearance Based on the narrow access, it appears that the site will require a skid-mounted drill rig. You have requested we subcontract with a fence contractor to remove and replace fence panels as needed to provide access to the court. An estimate of these costs is provided in our budget. We assume the City will temporarily remove the court net to allow us to access both sides of the court with our drilling equipment. City of Arden Hills Proposal QTB041553 July 6, 2016 Page 2 We will stake prospective subsurface exploration locations and obtain surface elevations at those locations using GPS technology. For purposes of linking the GPS data to an appropriate reference, we request that you provide CAD files indicating location/elevation references appropriate for this project, or give us contact information for the consultant that might have such information. Depending on access requirements, ground conditions or potential utility conflicts, our field crew may alter the exploration locations from those proposed to facilitate accessibility. Prior to drilling or excavating, we will contact Gopher State One Call and arrange for notification to the appropriate utility vendors to mark and clear the exploration locations of public underground utilities. You or your authorized representative are responsible to notify us before we begin our work of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. Penetration Test Borings We propose to drill two standard penetration test borings for the tennis court, extending them to 15 feet each. Standard penetration tests will be performed at 2 1/2-foot vertical intervals to boring termination. If groundwater is encountered in the boreholes, the depth where it is observed will be recorded on the boring logs. If deeper borings (or additional borings) are needed, we will contact you prior to increasing our total estimated drilled footage and submit a Change Order summarizing the anticipated additional effort and the associated cost, for your review and authorization. Borehole Abandonment Minnesota Well Code requires sealing of any boring or core that encounters groundwater and is either greater than 25 feet deep or penetrates a confining layer. As it appears we are outside the boundaries of the Twin Cities Army Ammunition Plant (TCAAP) Special Well and Boring Construction Areas, we currently do not anticipate having to seal any of the boreholes. Sample Review and Laboratory Testing Soil samples will be returned to our laboratory, where they will be visually classified and logged by a geotechnical engineer. To help classify the materials encountered and estimate their engineering properties, we have budgeted to perform six (6) moisture content tests, two (2) mechanical analyses (through a #200 sieve only), and two (2) organic content tests. Reporting Data obtained from the borings and laboratory tests will be used to evaluate the subsurface profile and groundwater conditions, perform engineering analyses related to court design and performance and prepare a report, including: A CAD sketch showing project components, limits, and exploration locations. City of Arden Hills Proposal QTB041553 July 6, 2016 Page 3 Logs of the borings describing the materials encountered and presenting the results of our groundwater measurements and laboratory tests. A summary of the subsurface profile and groundwater conditions. Discussion identifying the site conditions that will impact tennis court design and performance, qualifying the nature of their impact, and outlining alternatives for mitigating their impact. Discussion regarding the reuse of on-site materials during construction and the impact of groundwater on construction. Recommendations for preparing court subgrades, including excavation support, if applicable, and the selection, placement and compaction of excavation backfill and other fill. Recommendations for the design of pavements for the requested longevity, including maintenance and life-cycle considerations to achieve the desired 50 year service life. Only an electronic copy of our report will be submitted to you unless you request otherwise. At your request, the report can also be sent to additional project team members. Additional Services If borings must be extended beyond their intended termination depths, we will charge an additional $25 per lineal foot beyond the originally intended termination depth. Additional site mobilizations will be charged at $350 per day. Cost We will furnish the services described in this proposal for an estimated fee of $4,645. A tabulation showing hourly and/or unit rates associated with our proposed scope of services is attached. Our work is likely to extend over several invoicing periods. As such, for work that is performed during the course of each invoicing period, we will submit partial progress invoices. Schedule We anticipate the field exploration can begin within approximately three weeks of written authorization; the field exploration will take one day to complete. Sample classification, laboratory testing, engineering analyses and report preparation will likely take an additional week. We will pass along results, however, as they are obtained and reviewed. We anticipate we can submit our report by approximately four weeks following authorization. If our proposed scope of services cannot be completed according to this schedule due to circumstances beyond our control, we may need to revise this proposal prior to completing the remaining tasks. City of Arden Hills Proposal QTB041553 July 6, 2016 Page 4 General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you.Please sign and return a copy in its entirety. The proposed fee is based on the scope of services described and the assumptions that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. Client:Service Description:Work Site Address: 3168 Ridgewood Road Arden Hills, MN City of Arden Hills John Anderson 1425 Paul Kirkwold Dr Arden Hills, MN 55112 651-633-5676 Geotechnical Evaluation Proposal Total:$4,645.00 Description Quantity Units Unit Price Extension Phase 1 Geotechnical Evaluation Activity 1.1 Site Layout - Staking - Utility Clearance - CADD $1,155.00 205 Site layout and utility clearance 3.00 Hour 90.00 $270.00 288 Project Assistant 1.00 Hour 90.00 $90.00 SUB-BILL Subcontractor Billable (Fence Contractor)1.00 Each 500.00 $500.00 5099 Trimble R8 Rover (horizontal and vertical), per hour 3.00 Each 35.00 $105.00 3753 Soil Boring Location Sketch Scaled 1.00 Each 150.00 $150.00 1862 DRIL Trip Charge 1.00 Each 40.00 $40.00 Activity 1.2 Drilling Services $1,425.00 9400 GeoProbe Services, per hour 5.00 Each 236.00 $1,180.00 9460 Overtime addition, per person for work in excess of 8 hours per day, per hour Each 23.00 $.00 9455 Additional crew person for SPT borings, per hour 5.00 Each 49.00 $245.00 Activity 1.3 Geotechnical Soil Tests $340.00 1166 200 wash (ASTM C 117), per sample 2.00 Each 70.00 $140.00 1174 Organic content (ASTM D 2974), per sample 2.00 Each 70.00 $140.00 1152 Moisture content (ASTM D 2216), per sample 6.00 Each 10.00 $60.00 Activity 1.4 Evaluation/Analysis/Reports $1,725.00 138 Project Assistant 1.50 Hour 90.00 $135.00 126 Project Engineer 8.00 Hour 140.00 $1,120.00 128 Senior Engineer 2.00 Hour 170.00 $340.00 125 Project Manager 1.00 Hour 130.00 $130.00 Phase 1 Total:$4,645.00 Page 1 of 107/06/2016 04:38 PM Project Proposal QTB041553 Johanna Marsh Park Tennis Court Reconstruction General Conditions GC Page 1 of 2 Section 1: Our Agreement 1.1 Our agreement (“Agreement”) with you consists of these General Conditions and the accompanying written proposal or authorization. This Agreement is our entire agreement. It supersedes prior agreements. It may be modified only in a writing signed by us, making specific reference to the provision modified. 1.2 The words “you,” “we,” “us,” and “our” include officers, employees, and subcontractors. 1.3 In the event you use a purchase order or other form to authorize our services, any conflicting or additional terms are not part of our Agreement. Directing us to start work prior to execution of this Agreement constitutes your acceptance. If, however, mutually acceptable terms cannot be established, we have the right to withdraw our proposal without liability to you or others, and you will compensate us for services already rendered. Section 2: Our Responsibilities 2.1 We will provide the services specifically described in our Agreement with you. You agree that we are not responsible for services that are not fairly included in our specific undertaking. Unless otherwise agreed in writing, our findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 2.2 In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. 2.3 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points unless we accept that duty in writing. Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seen and, further, that site conditions may change over time. 2.4 Our duties do not include supervising your contractors or commenting on, overseeing, or providing the means and methods of their work, unless we accept such duties in writing. We will not be responsible for the failure of your contractors to perform in accordance with their undertakings, and the providing of our services will not relieve others of their responsibilities to you or to others. 2.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, job, or site health or safety unless we accept that duty in writing. 2.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 2.7 Estimates of our fees or other project costs will be based on information available to us and on our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 3: Your Responsibilities 3.1 You will provide us with prior geotechnical and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed our work. 3.2 You will provide access to the site. In the course of our work some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of normal damage in the estimated charges. 3.3 You agree to provide us, in a timely manner, with information that you have regarding buried objects at the site. We will not be responsible for locating buried objects at the site unless we accept that duty in writing. You agree to hold us harmless from claims, damages, losses, and related expenses involving buried objects that were not properly marked or identified or of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others on your behalf furnished to us. 3.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials in a sample provided to us. You agree to provide us with information in your possession or control relating to contamination at the work site. If we observe or suspect the presence of contaminants not anticipated in our Agreement, we may terminate our work without liability to you or to others, and we will be paid for the services we have provided. 3.5 Neither this Agreement nor the providing of services will operate to make us an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous materials. You agree to hold us harmless and indemnify us from any such claim or loss. 3.6 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless we accept that duty in writing. 3.7 You agree to make disclosures required by law. In the event you do not own the site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless and indemnify us from claims related to disclosures made by us that are required by law and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 4: Reports and Records 4.1 Unless you request otherwise, we will provide our report in an electronic format. 4.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property but are subject to a license to you for your use in the related project for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval. You agree to indemnify and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. At your request, we will provide endorsements of our reports or letters of reliance, but only if the recipients agree to be bound by the terms of our agreement with you and only if we are paid the administrative fee stated in our then current Schedule of Charges. 4.3 Because electronic documents may be modified intentionally or inadvertently, you agree that we will not be liable for damages resulting from change in an electronic document occurring after we transmit it to you. 4.4 If you do not pay for our services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. 4.5 Samples and field data remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They may be discarded or returned to GC Revised 9/1/2013 Page 2 of 2 you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. 4.6 Electronic data, reports, photographs, samples and other materials provided by you or others may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. Section 5: Compensation 5.1 You will pay for services as agreed upon or according to our then current Schedule of Charges if there is no other written agreement as to price. An estimated cost is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices on receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 5.3 If you direct us to invoice another, we will do so, but you agree to be responsible for our compensation unless you provide us with that person's written acceptance of all terms of our Agreement and we agree to extend credit to that person and to release you. 5.4 Your obligation to pay for our services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of lawsuit in which we are not involved, your successful completion of a project, receipt of payment from another, or any other event. No retainage will be withheld. 5.5 If you do not pay us within 60 days of invoice date, you agree to reimburse our expenses, including but not limited to attorney fees, staff time, and other costs of collection. 5.6 You agree to compensate us in accordance with our fee schedule if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 5.7 If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work change, or if changed labor union conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice and we will receive an equitable adjustment of our compensation. If you and we do not reach agreement on such compensation within 30 days of our written application, we may terminate without liability to you or others. 5.8 If you fail to pay us within 60 days following invoice date, we may consider the default a total breach of our Agreement and, at our option, terminate our duties without liability to you or to others. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right of offset as to fees otherwise due us. Section 6: Disputes, Damage, and Risk Allocation 6.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party’s representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 6.2 Neither of us will be liable for special, incidental, consequential, or punitive damages, including but not limited to those arising from delay, loss of use, loss of profits or revenue, loss of financing commitments or fees, or the cost of capital. 6.3 We will not be liable for damages unless suit is commenced within two years of the date of injury or loss or within two years of the date of substantial completion of our services, whichever is earlier. We will not be liable unless you have notified us of the discovery of the claimed breach of contract, negligent act, or omission within 30 days of the date of discovery and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. You agree not to make a claim against us unless you have provided us at least 30 days prior to the institution of any legal proceeding against us with a written certificate executed by an appropriately licensed professional specifying and certifying each and every act or omission that you contend constitutes a violation of the standard of care governing our professional services. 6.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability for all claims will not exceed the fee paid for our services or $50,000, whichever is greater. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of our Agreement, you provide payment in an amount that will increase our fees by 10%, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated above and to insure this obligation. 6.6 The prevailing party in any action relating to this Agreement shall be entitled to recover its costs and expenses, including reasonable attorney fees, staff time, and expert witness fees. 6.7 The law of the state in which our servicing office is located will govern all disputes. Each of us waives trial by jury. No officer or employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not to make a claim against individual employees. Section 7: General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you are legally responsible. 7.2 To the extent it may be necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. 7.3 You agree to indemnify us against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by you or by others on your behalf. Section 8: Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our sole negligence. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 8.3 Neither of us will assign nor transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 8.4 Our Agreement may be terminated early only in writing. We will receive an equitable adjustment of our compensation in the event of early termination. 8.5 If a provision of this Agreement is invalid or illegal, all other provisions shall remain in full force and effect. Page 1 of 2 DATE: July 11, 2016 TO: Honorable Mayor and City Councilmembers Sue Iverson, Interim City Administrator FROM: John Anderson, Acting Public Works Director SUBJECT: Water Valve Repairs Requested Action Accept Proposal from Nova Frost Inc. for water valve repairs in three locations around the city in the amount of $40,900. Background The water infrastructure in Arden Hills is aging and as it ages, water valves become less reliable in their operation or fail and begin leaking. The City Council has budgeted for needed maintenance to the water system and included a valve replacement program in the Capital Improvement Plan. The amount budgeted in 2016 for valve replacement is $30,000 from the water utility funds. Discussion Public Works has identified valves that have been the most problematic and programmed replacement for this year’s portion of the valve replacement. In order to keep costs, down we plan to contract for the valve replacement but take care of the street repairs and restoration through our staff. This approach avoids paying a general contractor to manage work of a subcontractor and in turn should provide a lower cost overall. Staff requested quotes for valve replacement of the following: 2 - 12” valves near Old Hwy 10 and Parkshore Drive 3 - 8” valves on Pleasant Drive 1 - 6” valve on Pleasant Drive 1 - 8” valve on Harriet Avenue AGENDA ITEM – 5E MEMORANDUM Page 2 of 2 The three areas selected for valve replacement are priorities for a variety of reasons. The one common reason is the three areas include valves that leak when operated or do not completely shut down when operated. The two valves at Old Hwy 10 and Parkshore Drive will be needed when TCAAP work begins and Public Works is asked to shut down water for construction. The Valve on Harriet Avenue is a priority because public works would like to place a thin overlay on the rest of this street and want to have utility work taken care of first. The Pleasant Drive area presents a good grouping of valves and provides for savings in mobilization costs. Proposals were solicited from two contractors to replace valves in these three locations. Nova Frost provided the low quote at $40,900 with Valley Rich’s quote at $45,200. City Public Works staff will assist in the repair by trucking any wet soil out and provide replacement backfill materials much like we do in a watermain break. If, when excavated and inspected, it appears the valve can be rebuilt and not cut out, the cost for the work can be reduced. The work will take about a week and water shut downs will be scheduled. Affected customers will be given advance notice of the shut downs. Public Works will then finish up with street restoration following replacement of the valves. The City has contracted with Nova-Frost in the past for sewer and water repairs and has been pleased with their work. Attachments Attachment A: Nova Frost Proposal Attachment B: Valley Rich Proposal 1. ju NOVA-FROST, INC. Eq u al Op p o r t u n i t y Em p l oy er 7264 Dickman Trail In ver Grove Heights, MN 55076 Phon e (651)480-8575 F a x (651) 480-8527 July 7, 2016 To: City of Arden Hills RE: Water Valve Replacement Attn: John Anderson Hi John, The following are the costs to replace existing water valves and the prices are per location and per valve size. Prices include valve, sleeve, pipe as needed to sleeve together, pumps, boxes, labor, equipment, etc for a complete job. 6” Valve replacement $4,900.00 8” Valve replacement $5,400.00 12” Valve replacement $7,200.00 Thanks, Mike Frost Date: 7.7.16 Bid: #16213 M Project: Arden Hills Utility Work Location: Arden Hills, MN Site Utilities Gate Valve Replacements - Valley-Rich Co., Inc. will provide all labor, equipment, and materials needed to replace (1) 6” gate valve, (4) 8” gate valves, and (2) 12” gate valves. All trucking, restoration, and traffic control are to be done by the City of Arden Hills. All work is to be done on a time and material basis. Base Bid: $45,200 Boston Scientific Sewer Repair - Valley-Rich Co., Inc. will provide all labor, equipment, and materials needed to replace up to 10’ of 10” sanitary sewer. Restoration of sod is included. All trucking, traffic control, and other restoration are to be done by the City of Arden Hills. All work is to be done on a time and material basis. Base Bid: $7,150 1546 Briarknoll Drive Sewer Repair - Valley-Rich Co., Inc. will provide all labor, equipment, and materials needed to replace up to 25’ of 8” PVC sanitary sewer. Restoration of sod is included. Erosion mats will be provided. City of Arden Hills is to provide all trucking, by-passing, tree removals, and other restoration. All work is to be done on a time and material basis. Base Bid: $15,900 Respectfully, Matt Miklya Exclusions: Dewatering, soil correction and/or replacement, removal of buried obstructions, restoration (other than listed above), compaction tests, hauling of excess soils, erosion control/inlet protection, hazardous material handling, irrigation, tree removal and/or replacement, grubbing, sheeting, shoring, bracing, and private utility locates. 147 Jonathan Blvd. N., Ste. 4 Chaska, Minnesota 55318 Office: (952) 448-3002 Fax: (952) 448-3362 CONSENT ITEM – 5F MEMORANDUM DATE: July 11 , 2016 TO: Honorable Mayor and City Councilmembers FROM: Sue Iverson, Interim City Administrator SUBJECT: Authorization to Appoint Jolene Trauba as Deputy Clerk and Authorization to Advertise for a Customer Support Specialist Discussion The Personnel Committee posted the position of Deputy Clerk internally per the Personnel Policy. One letter of interest in the position was received from Customer Support Specialist, Jolene Trauba. The Personnel Committee reviewed this and recommends Jolene Trauba for this position. The Personnel Committee recommends that the City Council appoint Jolene Trauba as the Deputy Clerk and place her in the current pay grade for the Deputy Clerk at Step 1. The promotion of Jolene to this position will leave a vacancy in the Customer Support Specialist position. The Personnel Committee would recommend that we advertise both internally and externally at the same time to fill this vacancy. Staff Recommendation 1. A motion to appoint Jolene Trauba as the Deputy Clerk, Grade 10, Step 1, effective July 11, 2016. 2. A motion to authorize advertising both internally and externally for the position of Customer Support Specialist. DATE: July 11, 2016 TO: City Councilmembers Sue Iverson, Interim City Administrator FROM: Mayor Grant SUBJECT: Rice Creek Commons (TCAAP) Development Discussion Opportunity for Residents Discussion Under this Public Hearing, citizens have an opportunity to discuss ideas regarding Rice Creek Commons (TCAAP) development. PUBLIC HEARING – 7A MEMORANDUM City of Arden Hills City Council Meeting for July 11, 2016 P:\Planning\Community Development\Code Enforcement\Abatement\3736 Brighton Way South Page 1 of 2 PUBLIC HEARING – 7B MEMORANDUM DATE: July 11, 2016 TO: Honorable Mayor and City Councilmembers Sue Iverson, Acting City Administrator FROM: Matthew Bachler, Senior Planner SUBJECT: Accelerated Nuisance Abatement 3736 Brighton Way South Requested Action Motion to approve Resolution 2016-023 ordering accelerated nuisance abatement at 3736 Brighton Way South for excessive vegetation growth and the accumulation of debris not in compliance with City regulations. Background Due to a complaint, staff inspected 3763 Brighton Way South on June 6, 2016. Staff noted excessive vegetation growth and the accumulation of tree branches, and determined that the property was in violation of the following subsections of City Code Section 602.02 Public Nuisance Affecting Health: • Subd. 6. All noxious weeds and other growths of vegetation upon public or private property in excess of eight (8) inches. • Subd. 9. Accumulation of manure, tree branches, cut trees, grass clippings, bottles, rubbish, trash, refuse, junk and other abandoned materials, metals including aluminum or tin cans, or lumber Following its initial inspection, staff sent a letter to the property owner giving them one week to correct the issues. A follow-up inspection on June 23, 2016 found the violations on the property to persist. From reviewing the City’s code enforcement files, staff has documented four separate complaints received since 2012 regarding excessive grass and weed growth on the property. Additionally, the City previously considered an accelerated abatement resolution for the subject property in 2009 for noxious weeds and other growth not in compliance with City regulations. City of Arden Hills City Council Meeting for July 11, 2016 P:\Planning\Community Development\Code Enforcement\Abatement\3736 Brighton Way South Page 2 of 2 In accordance with the City’s accelerated abatement procedures in Section 602.07 of the City Code, a letter was mailed to the property owner on June 24, 2016. Based on the accelerated abatement procedures, the property owner has seven working days to abate the nuisance, which was by July 6, 2016. A follow-up inspection showed that no action has been taken. Due to the reoccurring nature of these types of violations, staff is requesting the City Council issue an order for abatement of the property and to continue the abatement order for a two year period. The two year period would expire on July 11, 2018. The property owner has seven days from the Council’s order to complete the work before the City can have the work completed. An abatement order allows the City to hire a contractor to complete the work on the property and charge the cost back to the property owner. The charge is 125 percent of the cost of the work plus administrative costs. If the charges are not paid, the charge will be certified against the property for collection with the property taxes. If the same violation reoccurs within two years of the Council’s order, staff could order abatement without an additional Council hearing or action. A letter would be sent to the property owner ordering future violations to be resolved within seven working days. If the violation is not resolved, staff can order the abatement and charge the expense back to the property owner. Prior to any action, the Council must provide a hearing for the property owner. The property owner was notified of the hearing in conformance with the City Code. Recommendation Motion to approve Resolution 2016-023 ordering accelerated nuisance abatement at 3736 Brighton Way South for excessive vegetation growth and the accumulation of debris not in compliance with City regulations. Attachments A. June 23, 2016, Final Letter to the Property Owner of 3736 Brighton Way South B. Aerial Photo and Pictures of Property C. Resolution 2016-023: Abatement of Nuisance at 3736 Brighton Way South City of Arden Hills ▪1245 West Highway 96 ▪ Arden Hills Minnesota 55112 Phone 651.792.7800 ▪ Fax 651.634.5137 ▪ www.cityofardenhills.org June 23, 2016 Howard Myers 26127 Woodview Lane ZIMMERMAN, MN 55398-8874 Re: City Code Violations at 3736 Brighton Way S. PID# 283023310030 Dear Property Owner: The City recognizes that many times a resident may not be aware that the City has regulations that are designed to protect neighborhoods and their quality of life. On 6/23/2016, the City of Arden Hills investigated a complaint and inspected your property. It was determined that there is a violation of the City Code: VIOLATION(S): 1)Long plant growth at 3736 Brighton Way S. 2) Large brush pile at 3736 Brighton Way S. Public Nuisance. 602.02 Subd. 6, Plant Growth: All noxious weeds and other growths of vegetation upon public or private property in excess of eight (8) inches. Public Nuisances. 602.02 Subd. 9, Debris, Garbage: Accumulation of manure, tree branches, cut trees, grass clippings, bottles, rubbish, trash, refuse, junk and other abandoned materials, metals including aluminum or tin cans, or lumber. CORRECTIONS(S): 1) Mow and maintain plant growth to less than 8” inches for the year. 2) Properly remove the brush from the property. Please take the necessary corrective action by the close of the business day on 7/8/2016, to remediate the above violation(s). If the violation is not remediated by the required date, the City will order abatement as allowed under Section 602.07, Accelerated Abatement Procedure, of the Arden Hills City Code. An abatement order allows the City to have the necessary work completed to remediate the nuisance and charge 125 percent of the cost of the work, including administrative costs, back to the property owner. The charges can be certified against the property for collection with taxes if they are unpaid. The abatement process is not the City’s preferred course of action. We would prefer to work with you to resolve this violation. If the violation is not remediated by 7/8/2016,, the City Council will hold an abatement hearing at their regular meeting scheduled for Monday, 7/11/2016,, at 7:00 pm. You have the right to attend the hearing. The City Council may order the nuisance to be abated if corrective action is not taken, and the order to abate may continue for up to two years. If you have any questions or need additional information, please contact me at (651) 792.7813 or rward@cityofardenhills.org. Thank you in advance for you cooperation. Sincerely, Rob Ward Building Official / Temporary Code Enforcement Officer This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. © Ramsey County Enterprise GIS 100.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION NAD_1983_HARN_Adj_MN_Ramsey_Feet Feet100.0050.00 3736 Brighton Way South 6001: Site Photographs – 3737 Brighton Way South CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2016-023 ABATEMENT OF A NUISANCE AT 3736 BRIGHTON WAY SOUTH WHEREAS, Howard Myers is the property owner of the following described property: Address: 3736 Brighton Way South PID: 283023310030 Legal Description: Chatham Second Addition, Lot 2, Block 3 WHEREAS, notice therefore was posted on said property and sent certified mail to the property owner pursuant to City Regulations; and, WHEREAS, this abatement was initiated pursuant to the City of Arden Hills Municipal Code; and, WHEREAS, the Arden Hills City Council held a hearing on July 11, 2016. All persons present at said meeting were given an opportunity to be heard and present written statements. The Council also considered the recommendation of the City Staff that this abatement be approved; and, NOW, THEREFORE, BE IT RESOLVED THAT THE ARDEN HILLS CITY COUNCIL hereby adopts Resolution 2016-023, ordering the abatement of noxious weeds and vegetation growth and the accumulation of debris that does not comply with City regulations at 3736 Brighton Way South, and to charge the property owner for 125 percent of the cost of abatement, including administrative costs. The City Administrator is authorized to monitor the property through July 11, 2018; and to abate any noxious weeds and vegetation or accumulation of debris that does not comply with City regulations, and to charge to the property owner for each subsequent abatement 125 percent of the cost of abatement, including administrative costs; and BE IT FURTHER RESOLVED, In the event that the property owner does not pay any portion of the charges, that the unpaid amount shall be assessed against the Property, to be collected with the real estate taxes in the year in which this Resolution is recorded, together with an Affidavit of Cost incurred, and that any assessments levied pursuant to this Resolution shall bear interest at the rate of 4.5% per annum from the date of recording until December 31st of the year in which the special assessment is paid in full. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 11th DAY OF JULY, 2016. _________________________________________ David Grant, Mayor ATTEST: _______________________________________ Sue Iverson, Acting City Administrator Page 1 of 2 NEW BUSINESS – 8A MEMORANDUM DATE: July 11, 2016 TO: Honorable Mayor and City Councilmembers Sue Iverson, Interim City Administrator FROM: John Anderson, Acting Public Works Director Sara Grant, Parks and Recreation Coordinator SUBJECT: Off Leash Dog Area at Perry Park Requested Action Accept proposal from Century Fence for $4,100 to modify fencing at Perry Park No. 4 ballfield for use as a dog park. Background At the Joint Work Session held on April 18th, 2016, with the Parks, Trails & Recreation Committee (PTRC) and Arden Hills City Council, the PTRC made the recommendation to add a dog park to Perry Park. Minutes from that meeting are included in Attachment A. Discussion One of the work items that the PTRC presented to the City Council at the April 18, 2016 work session was input on the possibility of the Committee working on researching an off leash dog area in Perry Park. The PTRC discussed this idea and staff has obtained fencing quotes for modifications to the Perry Park No. 4 ballfield. Staff had initially discussed creating the dog park at Perry Park in the hockey rink much like the dog park at Hazelnut Park. The City Council mentioned that there are drainage issues with the hockey rink and it may not be a suitable location. The PTRC then investigated the possibility of converting Perry Park No. 4 ballfield into a dog park. The existing fencing on this ballfield provides the bulk of the containment needed to establish this area as a dog park. There are a number of openings in the fence that can be closed off, such as the dugout entrances and the gaps at the outfield fence. Additionally, a staging area is needed at the entrance with a double gate to allow owners to bring their dog to the fenced staging area and remove their dog’s leash. The fencing improvements also include some maintenance to the existing fence where the bottom edges have curled up and are no longer close to the ground. The modifications to the fencing would allow for easy conversion back to a ballfield if the demand returns for use of a little league field. Currently, there is no use of this field programmed and it has not been used for two years due to a decline in the popularity of little league baseball programs. This field is not adequate for softball games due to the geometry of its construction. This field does have some drainage issues and is inundated with water from time to time depending on the weather. Page 2 of 2 Operation of this dog park would be the same as at Hazelnut Park: Season of Operation – May 1st to November 1st Hours of Operation – 30 minutes before sunrise to 30 minutes after sunset Suggested rules: 1. Keep your dog in sight and under voice control at all times. 2. Clean up and dispose of feces left by your dog in the provided barrels. Owners must have a bag for removal of feces. 3. Dogs must be licensed and vaccinated. 4. No aggressive dogs allowed. If your dog becomes unruly or plays rough, leash it and leave immediately. 5. Female dogs in heat and dogs under the age of four months are prohibited. 6. Use at your own risk. Owners are responsible and liable for the actions and behavior of their dogs at all times. 7. Users are limited to three dogs per visit. 8. It is recommended that children be supervised by a parent or guardian. 9. Dogs must be on a leash unless in Off Leash Dog Area boundaries. 10. All other City Park rules apply. Staff currently mows grass in this field and would continue to do so although the frequency may increase if there is an active use. With no programmed use of the field, mowing is currently less frequent in this field than the other fields at Perry Park. Staff obtained two quotes for fence modifications and Century Fence was the lowest at $4,100. We have worked with Century Fence previously and have no problems with the quality of their work. Their schedule currently allows for construction in the month of July which should allow this area to be open for Arden Hills’ Bark and Rec day which is planned for July 30th. Attachments Attachment A – Joint City Council / PTRC meeting minutes 4/18/16 Attachment B – fencing quotes AGENDA ITEM – 9A City of Arden Hills City Council Meeting for July 11, 2016 P:\Planning\Planning Cases\2016\PC 16-013 - Conditional Use Permit Amendment - Mounds View HS\Memos_Reports_16-013 Page 1 of 1 MEMORANDUM DATE: July 11, 2016 TO: Honorable Mayor and City Councilmembers Sue Iverson, Acting City Administrator FROM: Ryan Streff, City Planner SUBJECT: Planning Case #16-014 Applicant: Land O’Lakes Property Location: 4001 Lexington Avenue North Request: Master Planned Unit Development (PUD) Amendment and Phase 1 Final PUD Development Agreement Requested Action Motion to approve the Master Planned Unit Development (PUD) Amendment and Phase 1 Final PUD Development Agreement, based on the June 27, 2016, City Council approval of Planning Case 16-014. Background On June 27, 2016, the City Council approved Planning Case 16-014 for a Master Planned Unit Development (PUD) Amendment and Final PUD for Phase 1 of the Land O’Lakes consolidation plan located at 4001 Lexington Avenue North. The City Attorney has prepared the Master PUD Amendment and the Final Phase 1 PUD Development Agreement (Attachment A). Attachments A. Land O’Lakes - Master Planned Unit Development (PUD) Amendment and Phase 1 Final PUD Development Agreement 1 188032v2 (reserved for recording information) MASTER PLANNED UNIT DEVELOPMENT AMENDMENT AND PHASE 1 FINAL PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) LOT 2, BLOCK 1, LAND O’LAKES ADDITION THIS MASTER PLANNED UNIT DEVELOPMENT AMENDMENT AND PHASE 1 FINAL PLANNED UNIT DEVELOPMENT AGREEMENT (this “Agreement”) is dated ____________________, 20____, by and between the CITY OF ARDEN HILLS, a Minnesota municipal corporation (the “City”), and LAND O’LAKES, INC., a Minnesota corporation (the “Developer”). 1. RECITALS. A. On the 2nd day of May, 2016, the Developer submitted an application requesting the approval of a Master Planned Unit Development Amendment (the “PUD Master Plan”) for the consolidation and expansion of its headquarters, previously approved by the City as a Planned Unit Development on May 7th, 1979 in Planning Case No. 79-004, and the approval of a Phase 1 Final Planned Unit Development (the “Phase 1-Final Plan”), together referred to the “Development” in this Agreement, for the property situated in the County of Ramsey, State of Minnesota, and is legally described on Exhibit A 2 188032v2 hereto (the “Subject Property”). “Phase I” is that portion of the Development identified in the Phase 1- Final Plan. B. Currently, the Developer owns and operates approximately 263,800 square feet of headquarters and research and development facilities in Arden Hills. The Developer also leases approximately 190,000 square feet of property for administrative functions, across Lexington Avenue North from the Arden Hills Campus, in Shoreview. The Developer desires to consolidate its Arden Hills site and the Shoreveiw site to allow for significant growth of its headquarters in Arden Hills. C. The PUD Master Plan indicates that the Subject Property will be redeveloped in multiple phases: 1. Phase 1 will include the expansion and reconfiguration of the visitor parking lot on the south side of the existing principal buildings. 2. Phase 2 will include the construction of a new four-story corporate office building consisting of approximately 155,000 square feet and related site improvements, including the reconfiguration and expansion of the employee surface parking lot on the north side of the existing principal buildings and landscaping improvements. D. Planning Commission Review. On the 8th day of June, 2016, the City of Arden Hills Planning Commission (the “Planning Commission”) reviewed the application at a public hearing and after considering the application, the reports and comments of the City’s staff and consultants, reports and comments of Developer, and other public comments; and, subject to conditions, recommended approval of the Development. E. City Council Review. The “City Council” is the City of Arden Hills City Council. On the 27th day of June, 2016, the City Council reviewed the application, the reports and recommendations of the City’s staff and consultants; the reports and comments of Developer; and the recommendation of the City Planning Commission; and has approved the Development; all subject to the terms and conditions contained herein. 3 188032v2 2. TERMS AND CONDITIONS. In consideration of the above referenced City Council approvals, in compliance with the provisions of the City’s Development Regulations, and in consideration of the undertakings herein expressed, the parties agree: A. The City hereby approves the Development on condition that the Developer enter into this Agreement, furnish the security required by it, and record this Agreement with the Ramsey County Registrar of Titles within sixty (60) days after the City Council approves the Development. If this Agreement is not recorded within sixty (60) days of the City Council’s approval, the approval shall be considered void. B. Development Plans. The “City Planner” is the City of Arden Hills City Planner. The Subject Property shall be developed in accordance with the following plans (collectively, the “Project Plans”). 1. Overall Site Plan 2. Selective Site Demolition Plan - Phase One 3. Selective Site Demolition Plan - Phase Two 4. Grading, Drainage and Erosion Control Plan - Phase One 5. Grading, Drainage and Erosion Control Plan - Phase Two 6. Utility Plan - Phase One 7. Utility Plan - Phase Two 8. Sanitary Sewer and Storm Sewer Plan 9. Public Watermain Plan 10. Paving and Geometric Plan - Phase One 11. Paving and Geometric Plan - Phase Two 12. Stormwater Pollution Prevention Plan - Phase One 13. Stormwater Pollution Prevention Plan - Phase Two 14. Landscape Plan – Phase 1 15. Landscape Plan – Phase 2 16. Parking, Lighting, and Photometric Phase 1 Plan 17. Parking, Lighting, and Photometric Phase 2 Plan 18. Trail Plan 19. Construction/Architectural Plans 4 188032v2 The Project Plans shall not be attached to this Agreement but, upon approval by the City Council, shall be deemed fully incorporated by reference into this Agreement as if initially set forth entirely herein. Any significant changes to the Project Plans, as reasonably determined by the City Planner, shall require review and approval by the City of Arden Hills Planning Commission and the City Council. If the Project Plans, as approved by the City Council, vary from the terms of this Agreement, the approved Project Plans shall control. C. PUD Master Plan. 1. The Developer shall apply for a Final Phase II PUD within one (1) year of the approval of the Final Phase 1 PUD or the approval shall expire unless extended by the City Council prior to the approval’s expiration date. Extension requests must be submitted in writing to the City at least forty-five (45) days prior to the expiration date of the Final Phase 1 PUD approval. 2. A “Master PUD Agreement” and a “Phase I Development Contract” shall be prepared by the City Attorney for the City of Arden Hills and subject to the City Council approval and the Developer. The Master PUD Agreement and Final Phase I Development Contract shall be executed prior to the issuance of any Development permits for Phase I. D. Phase 1-Final Plan. 1. The Developer shall obtain a permit within one (1) year of the Final Phase 1 PUD approval or the approval shall expire unless extended by the City Council prior to the approval’s expiration date. Extension requests must be submitted in writing to the City at least forty-five (45) days prior to the expiration date of the Final Phase 1 PUD approval. 2. The Developer shall provide a construction phasing plan that includes plans for fire and police access throughout construction, subject to the approval of the Fire 5 188032v2 Marshall, Public Works Director, and Ramsey County Sheriff prior to the issuance of any Development permits. 3. The Developer shall submit a financial surety in the amount of $200,000 for site improvements, including grading, utilities, and paving, prior to the issuance of any Development permits (the “Site Improvements LOC”). Upon completion of required Developer improvements, and acceptance by the City, the City may reduce the amount of the Site Improvements LOC for the improvements still to be completed. The Site Improvements LOC shall be a letter of credit in the form attached hereto as Exhibit B and issued by a FDIC-insured Minnesota bank. The purpose of the Site Improvements LOC is to ensure that private site improvements stabilized in the event that Developer defaults on the Master PUD Agreement and Phase I Development Contract. The City shall return the Site Improvements LOC to the Developer within thirty (30) days after receipt of the Developer’s written notice stating that it has completed the Development site improvements required by the Project Plans, and City inspection and verification of satisfactory completion. 4. Developer shall submit a cash escrow for site improvements, including grading, utilities, and paving, in the amount of $20,000 (the “Site Improvements Cash Escrow”) prior to the issuance of any Development permits. The Site Improvements Cash Escrow will be used for City costs related to review, approval, and inspection of site improvements or any costs incurred by the City in the event of a default by the Developer under this Agreement in connection with the site improvements, which default the Developer fails to cure within a reasonable period of time after receipt of the City’s written notice regarding the default. If at any time during the course of construction on the Development the amount in the Site Improvements Cash Escrow is reduced to below $5,000, Developer shall replenish the Site Improvements Cash Escrow to not less than 6 188032v2 $20,000 within thirty (30) days after receipt of the City’s written request therefor. In the event there is a failure to replenish the Site Improvements Cash Escrow in accordance with the terms of this Agreement, the City has the right to withhold the issuance of a Certificate of Occupancy until the deficiency is paid. With thirty (30) days after completion, inspection and verification of the Development, payment of all outstanding bills and satisfaction of this Agreement, the City shall refund the remainder of the Site Improvements Cash Escrow to Developer. 5. Prior to the City’s issuance of any Development permits, the Developer shall submit to the City a financial surety in the amount of one hundred twenty-five percent (125%) of the Developer’s reasonably estimated costs the landscaping improvements required by the Project Plans (the “Landscaping LOC”). The Landscaping LOC shall be a letter of credit in the form attached hereto as Exhibit B and issued by a FDIC-insured Minnesota bank. The Landscaping LOC shall automatically renew for successive one- year terms unless, at least sixty (60) days prior to the next annual renewal date, the issuing bank delivers notice to the City that it intends to modify the terms of, or cancel, the Landscaping LOC. A partial reduction in the Landscaping LOC may be granted by the City in the event that landscaping improvements required by the Project Plans are installed over successive growing seasons. The purpose of the Landscaping LOC is to ensure that landscaping required by the Project Plans is completed in the event that the Developer defaults on the Development Agreement. The City shall return the Landscaping LOC to the Developer within thirty (30) days after receipt of the Developer’s written notice stating that it has completed the Development landscaping improvements required by the Project Plans, and following City inspection and verification of satisfactory completion. 7 188032v2 6. The Developer shall submit to the City a cash escrow for the landscaping improvements required by the Project Plans in the amount of $15,000 prior to the City’s issuance of any Development permits (the “Landscaping Escrow”). The Landscaping Escrow will be held by the City for two (2) years after installation of the landscaping required by the Project Plans and used for to reimburse the City for costs related to review, approval, and inspection of landscaping required by the Project Plans, or caused by a default. by the Developer under this Agreement in connection with the landscaping and which is not cured by the Developer within a reasonable period of time after the Developer’s receipt of the City’s written notice regarding such default. The City shall return the Landscaping Escrow to the Developer within thirty (30) days after receipt of the Developer’s written notice stating that it has completed the Development landscaping improvements required by the Project Plans and following City inspection and verification of satisfactory completion. 7. The proposed Development may require permits, including, but not limited to, MPCA-NPDES, Rice Creek Watershed District, Minnesota Department of Health, Ramsey County and City Right of Way, and City Grading and Erosion Control permits. Copies of all issued permits shall be provided to the City prior to the City’s issuance of any Development permits. 8. The Project Plans for Phase 1 shall be subject to approval by the City of Arden Hills City Engineer, Building Official, and Fire Marshal prior to the issuance of a grading and erosion control permit. 9. Final grading, drainage, utility, and site plans shall be subject to approval by the City of Arden Hills Public Works Director, City Engineer, and City Planner prior to the City’s issuance of a grading and erosion control permit or other Development permits. 8 188032v2 10. Upon completion of grading and utility work on the Development site, the Developer shall obtain, and submit to the City for review, a grading as-built and utility as-built survey. 11. The final Lighting and Photometric Plan for Phase 1 shall be reviewed and approved by the City prior to the City’s issuance of a grading and erosion control permit for Phase 1. 12. The access onto Lexington Avenue North shall be revised to a 3/4 access to prevent left turns out of the site. A “pork chop” median shall be constructed to prevent the left turns out. The 3/4 access shall be completed prior to the City’s issuance of any Development permits for Phase II of the Master PUD. 13. The Developer shall comply with all other City regulations regarding the Development. 14. That if Phase 2 does not start within 3 years the percent of perennials and shrubberies on the property shall be increased to 18.19%. 3. PHASED DEVELOPMENT. This Agreement is a phase of a multi-phased development: the City may refuse to approve subsequent phases if the Developer has defaulted under this Agreement and the default has not been remedied within a reasonable period of time after the Developer receives the City’s written notice regarding the default. Development of subsequent phases may not proceed until the City approves the agreement for those phases. 4. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved Development unless required by state or federal law or agreed to in writing by the City andDeveloper. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication 9 188032v2 requirements enacted after the date of this Agreement with respect to property which did not receive development approval less than two (2) years prior to any such amendments. 5. IMPROVEMENTS. Developer shall install and pay for the following as required to be built within the Development as private improvements in accordance with the approved Project Plans: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Parking Lots E. Streets, and Driveways F. Concrete Curb and Gutter G. Street lights H. Site Grading, STORMWATER MANAGEMENT FACILITIES, and Erosion Control I. Landscaping J. Underground Utilities K. Setting of Iron Monuments, including Monuments described in the Wetland Overlay District L. Surveying and Staking M. Sidewalks and Trails N. Traffic Control Signs O. Open Space Amenities, Childcare Playground, and other Outdoor Areas The improvements shall be installed in accordance with the City of Arden Hills Code of Ordinances (the “City Code”). The Developer shall submit plans and specifications for permit which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer which approval shall be provided on the condition that such submittals comply with the Project Plans and this Agreement. The City may, at the City's discretion and at the Developer's expense, have one (1) or more City inspectors and a soil engineer inspect the work as the City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer 10 188032v2 or his engineer. The Developer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement, the improvements lying within public easements shall become property pf the City without further notice or action. Within thirty (30) days after completion of the public improvements, the City shall inspect the public improvements and notify the Developer if any of the improvements do not conform to the requirements of this Agreement and the Developer shall address all non-conformities. Within thirty (30) days after the City determines that the public improvements conform to the requirements of this Agreement, the City shall give formal notice of acceptance to the Developer and thereafter the Developer shall have no responsibility with respect to the maintenance of the public improvements, except during the warranty periods. discussed below. 7. WARRANTY. The Developer shall cause its general construction contractor to warrant to the Developer and to the City that the materials used for the public improvements will be of good quality and new unless the Project Plans require or permit otherwise, and that the public improvement work will conform to the requirements of this Agreement and will be free from defects, except for those inherent therein. All trees and shrubs shall be warranted to be alive, of good quality, and disease free for twenty-four (24) months after planting. Any replacements shall be warranted for twenty-four (24) months from the time of planting. 8. PERMITS. Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to the following to the extent required: • Ramsey County for County Road Access and Work in County Rights-of-Way • MnDot for State Highway Access • Minnesota Department of Health for Watermains • MPCA for Storm Water Issues, Sanitary Sewer and Hazardous Material Removal and Disposal • DNR for Dewatering • City of Arden Hills for Building Permits and Grading and Erosion Control Permit 11 188032v2 9. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be Developer’s and 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 followed. 10. TIME OF PERFORMANCE. The Developer shall install all required public and private improvements for Phase I as contemplated by Section 2 and 5 and the approved Project Plans by December 31, 2016, with the exception of the final wear course of asphalt on any public streets. The final wear course on public streets shall be installed before September 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by Developer to reflect cost increases and the extended completion date. Final wear course placement must have the written approval of the City Engineer, and may be delayed or scheduled at any time of the year based upon existing site conditions at the discretion of the City Engineer. 11. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City in conjunction with the Development. 12. EROSION CONTROL. Prior to initiating site grading, the Erosion Control Plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if reasonably required. All areas disturbed by the excavation and backfilling operations shall be reseeded within five (5) business days after the completion of the work, weather permitting, or in an area that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except as otherwise provided in the Erosion Control Plan, seed shall be in accordance with the City's then-current seeding specification which may include certified oat seed to provide a temporary 12 188032v2 ground cover as rapidly as possible. All seeded areas shall be maintained as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the Erosion Control Plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the 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 after the Developer receipt of the City’s written request therefor (which written request must be substantiated by reasonable evidence of the City’s costs), the City may draw down the Letter of Credit to pay any costs. No construction, street or utility construction will be allowed and no building permits will be issued unless the site grading is in compliance with the Erosion Control Plan. 13. GRADING PLAN. The Development shall be graded in accordance with the Grading Plan and Erosion Control Plan. The Grading Plan shall conform to City of Arden Hills specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits the Developer shall provide the City with an "as constructed" Grading Plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches for public drainage have been constructed on public easements or land owned by the City. Notwithstanding the foregoing, the City may issue building permits to the Developer, prior to completion of all grading, provided the City Engineer has determined that adequate erosion control measures are in place. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. 13 188032v2 14. 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. 15. CLAIMS. In the event that the City receives claims from labor, material, or others that work required by this Agreement has been performed, the sums due them have not been paid, and the laborers, material, or others are seeking payment from the City, and the Developer fails to either contest in good faith or pay the same within ten (10) business days after the Developer’s receipt of the City’s written notice regarding the same, 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 Letter of Credit in an amount up to one hundred twenty-five percent (125%) 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. SPECIAL PROVISIONS. The following special provisions shall apply to the development: A. The Developer must obtain a sign permit from the City prior to installation of any signs for the Development. B. The Developer will work with and follow the recommendations of Ramsey County for the installation of a traffic signal at County Road F and Innovation Way and the reconfiguration of the travel lanes at the sole cost and expense of Developer. C. The Developer shall abide by the City codes, permits, and reviews, except as hereinafter amended. D. Developer shall provide Limited Warranty Deeds for any Outlots to be conveyed to the City simultaneously with the recording of this Agreement with Ramsey County. 14 188032v2 17. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified in this Agreement, the Developer shall pay all costs incurred by it or the City in conjunction with the Development, including, but not limited to, Soil and Water Conservation District charges,reasonable attorneys’ fees, planning and engineering and inspection expenses incurred in connection with approval and acceptance of the Development, the preparation of this Agreement, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting the Development. B. Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Agreement, including engineering and reasonable attorneys' fees. C. Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. D. 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 halt development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. E. In addition to the charges herein and special assessments referred to herein, other charges as required by City ordinance may be imposed such as, but not limited to, sewer access charges ("SAC"), water access charges, and building permit fees. 18. DEVELOPER’S DEFAULT. In the event of default by Developer as to any of the work to be performed by it hereunder, the City may, at its option and if the Developer fails to cure the same within a reasonable period of time after receipt of the City’s written notice regarding such default, 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, 15 188032v2 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. 19. MISCELLANEOUS. A. The Developer shall comply with all applicable city, county, state, and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Development does not comply, the City may, at its option, refuse to allow construction or development work until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. B. This Agreement shall run with the land and may be recorded against the title to the Subject Property. The Developer represents to the City that the Developer owns the Subject Property and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Subject Property; that, to the Developer’s knowledge, there are no unrecorded interests in the Subject Property; and that Developer will indemnify and hold the City harmless for any breach of the foregoing. C. Third parties shall have no recourse against the City or the Developer under this Agreement. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. Any action or inaction 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. Failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer will hold the City and its officers, agents, and employees harmless from claims made by third parties, including but not limited to other property owners, tenants, contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or injuries resulting from 16 188032v2 approval of this Planned Unit Development and the development of the Subject Property unless such claims are caused by the City’s negligent, reckless or willful misconduct. The Developer will indemnify the City and its officers, agents, and employees for all costs, damages, or expenses, including reasonable engineering and attorneys’ fees, which the City may pay or incur in consequence of such claims, except if caused by City negligence, reckless or willful misconduct. G. In addition to all legal or equitable remedies, breach of any material term of this Agreement by Developer shall be grounds for denial of building permits and Certificates of Occupancy. H. Each right, power or remedy herein conferred upon a party to this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available 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 and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. The Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, commercial general liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its contractors or by one directly or indirectly employed by any of them. The insurance may be provided by a single policy or multiple policies including excess of or umbrella policies and shall have limits for bodily injury and death not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for property damage shall be not less than $1,000,000 for each occurrence; or a combination single limit policy of $2,000,000 or more. The City shall be named as an additional insured on the policies, and the Developer shall file with the City a certificate evidencing coverage prior to the City issuing any permits. The certificate shall provide that the insurer must endeavor to give the City advance written notice of the cancellation of the insurance. 17 188032v2 J. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in writing. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer will pay in full all invoices submitted to it by the City within sixty (60) days after receipt which reasonably evidence those costs incurred in the drafting, enforcement and supervision of this Agreement, including reasonable engineering, planning, and attorney's fees. If the invoices are not paid on time, the City may halt all development work until the invoices are paid in full. Invoices not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest charge. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls the development plans, or special conditions referred to in this Agreement required to be 18 188032v2 constructed shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. 20. SUCCESSORS AND ASSIGNS. The Developer may not assign this Agreement without the written consent of the City Council, which consent the City Council shall not unreasonably withhold; provided, however, that the Developer may, upon notice to the City but without the consent of the City Council, assign this Agreement to any party controlling, controlled by or under common control with Developer. This 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. 21. 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. 22. NOTICES. Required notices to Developer shall be in writing, and shall be either hand delivered to Developer, its employees or agents, or mailed to Developer by certified mail at the following address: 4001 North Lexington Avenue, Arden Hills, Minnesota 55126. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112. [Signatures on the following pages.] 19 188032v2 Signature pages to Master PUD Amendment and Final PUD Agreement Land O’Lakes Addition CITY OF ARDEN HILLS By: _____________________________________ David Grant, Mayor (SEAL) By: _____________________________________ Sue Iverson, Interim City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ________ day of __________________, 2016, by David Grant and by Sue Iverson, the Mayor and Interim 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 20 188032v2 DEVELOPER: LAND O’LAKES, INC. BY:______________________________________ ____________________________[print name] Its ___________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ________ day of __________________, 2016, by ___________________________________ the __________________________ of Land O’Lakes, Inc., a Minnesota corporation, on behalf of the corporation. _________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 21 188032v2 EXHIBIT “A” to Master PUD Amendment and Final PUD Agreement Legal Description Lot 2, Block 1, Land O’Lakes Addition, according to the recorded plat, Ramsey County, Minnesota 188032v2 EXHIBIT B IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Arden Hills Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. ________, dated _____________, 2______, of (Name of Bank) "; b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Arden Hills certifying that ________________________________ is in default of the Development Contract with the City of Arden Hills and that five (5) business days prior written notice has been given by the City to Developer with respect to the existence of such default, and such default has not been cured. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2______. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Arden Hills City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Arden Hills City Administrator, 1245 Highway 96, Arden Hills, MN 55112, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: ____________________________________ Its ______________________________