HomeMy WebLinkAbout10-28-19-RMayor:
David Grant
Councilmembers:
Brenda Holden
Fran Holmes
Dave McClung
Steve Scott
It
,-AEN HILLS
Regular City Council
Agenda
October 28, 2019
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. APPROVAL OF AGENDA
2. PUBLIC INQUIRIES/INFORMATIONAL
This is an opportunity for citizens to bring to the Council's attention any items not
currently on the agenda which are relevant to the City. In addressing the Council, you
must first state your name and address for the record. To allow adequate time for each
person wishing to address the Council, speakers must limit their comments to three
(3) minutes. Written documents may be distributed to the Council prior to the meeting
to allow a more timely presentation. Speakers should not use obscene, profane, or
threatening language, or make personal attacks. Matters of litigation involving the City
shall not be discussed during Public Inquiry by citizens or Council. The Council may
not respond to speaker comments, engage in a debate, or take any action on the
issues raised by citizens, but may direct City staff to research or follow up on an
issue, if desired by Council. If Council directs further review by staff, the results of that
review will be presented at a following regular Council meeting.
3. RESPONSE TO PUBLIC INQUIRIES
3.A. Public Inquiry Responses From September 23, 2019 City Council Meeting
• Precinct 3 Polling Place Access
• Presbyterian Homes Access
Dave Perrault, City Administrator
Documents:
MEMO.PDF
4. STAFF COMMENTS
4.A. Rice Creek Commons (TCAAP) And Joint Development Authority (JDA) Update
Dave Perrault, City Administrator
Documents:
MEMO.PDF
4.13. Transportation Update
Todd Blomstrom, Interim Public Works Director/City Engineer
Documents:
MEMO.PDF
5. APPROVAL OF MINUTES
5.A. September 9, 2019 Special City Council Work Session
Documents:
09-09-19-SWS.PDF
5.13. September 16, 2019 City Council Work Session
Documents:
09-16-19-WS.PDF
5.C. September 23, 2019 Regular City Council
Documents:
09-23-19-R.PDF
6. 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.
6.A. Motion To Approve Claims And Payroll
Gayle Bauman, Finance Director
Pang Silseth, Accounting Analyst
Documents:
MEMO.PDF
6.B. Motion To Accept 2019 Third Quarter Actuals
Gayle Bauman, Finance Director
Documents:
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
6.C. Motion To Approve Personnel Policy Updates
Dave Perrault, City Administrator
Documents:
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
6.D. Motion To Approve Resolution 2019-036 Partially Suspending The Effective Date
Of Ordinance Regulating Sale Of Tobacco Products
Dave Perrault, City Administrator
Documents:
MEMO.PDF
ATTACHMENT A.PDF
6.E. Motion To Approve Resolution 2019-037 Accepting A Donation From The Arden
Hills Foundation
Sara Knoll, Recreation Coordinator
Todd Blomstrom, Interim Public Works Director/City Engineer
Documents:
MEMO.PDF
ATTACHMENT A.PDF
6.F. Motion To Approve Resolution 2019-034 Authorizing The Application For Recycling
SCORE Grant Funds From Ramsey County
Mike Mrosla, Community Development Manager/City Planner
Documents:
MEMO.PDF
ATTACHMENT A.PDF
6.G. Motion To Approve Planning Case 19-011 - Variance - 1314 Cannon Avenue
Mike Mrosla, Community Development Manager/City Planner
Documents:
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
ATTACHMENT D.PDF
ATTACHMENT E.PDF
ATTACHMENT F.PDF
6.H. Motion To Approve Planning Case 19-013 - Variance - 1932 County Road E
Mike Mrosla, Community Development Manager/City Planner
Documents:
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
ATTACHMENT D.PDF
ATTACHMENT E.PDF
6.1. Motion To Approve Planning Case 19-012 - Site Plan Review - 3200 Lake
Johanna Boulevard (Presbyterian Homes)
Mike Mrosla, Community Development Manager/City Planner
Documents:
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
ATTACHMENT D.PDF
ATTACHMENT E.PDF
6.J. Motion To Approve Agreement With InControl, Inc., For Utility Monitoring And
Control System Improvements
Todd Blomstrom, Interim Public Works Director/City Engineer
Documents:
MEMO.PDF
ATTACHMENT A.PDF
6.K. Motion To Approve Payment No. 1 - Bituminous Roadways, Inc. - Tennis Court
Improvements At Cummings, Hazelnut And Royal Hills Parks
Todd Blomstrom, Interim Public Works Director/City Engineer
David Swearingen, Senior Engineering Technician
Documents:
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
61. Motion To Approve Professional Services Agreements With HR Green For
Shorewood Drive (Survey And Storm Sewer Improvements Study) And Grant Road
& Fairview Avenue (Survey And Existing Stormwater Overflow Path Assessment)
Todd Blomstrom, Interim Public Works Director/City Engineer
Documents:
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
7. 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.
8. PUBLIC HEARINGS
8.A. Planning Case 19-014 - Interim Use Permit - 1901 Lake Valentine Road (Mounds
View High School)
Mike Mrosla, Community Development Manager/City Planner
Jane Kansier, AICP, Planning Consultant
Documents:
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
ATTACHMENT D.PDF
ATTACHMENT E.PDF
ATTACHMENT F.PDF
9. NEW BUSINESS
9.A. Resolution 2019-035 - Planning Case 19-014 - Interim Use Permit - 1901 Lake
Valentine Road (Mounds View High School)
Mike Mrosla, Community Development Manager/City Planner
Jane Kansier, AICP, Planning Consultant
Documents:
MEMO.PDF
ATTACHMENT A.PDF
10. UNFINISHED BUSINESS
11. COUNCIL/STAFF COMMENTS
ADJOURN
RESPONSE TO PUBLIC INQUIRIES — 3A
'It
EN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: Public Inquiry Responses from September 23, 2019 City Council meeting
Budgeted Amount: Actual Amount: Funding Source:
A verbal update will be provided at the City Council meeting.
Page 1 of 1
STAFF COMMENTS — 4A
,-ARZEN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: Rice Creek Commons (TCAAP) and Joint Development Authority (JDA) Update
Budgeted Amount: Actual Amount: Funding Source:
A verbal update will be provided at the City Council meeting.
Page 1 of 1
STAFF COMMENTS — 4B
,-ARZEN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Todd Blomstrom, Interim Public Works Director/City Engineer
SUBJECT: Transportation Update
Budgeted Amount: Actual Amount: Funding Source:
A verbal update will be provided at the City Council meeting.
Page 1 of 1
[DRAFT---,
-ARQEN_HILLS
Approved: October 28, 2019
CITY OF ARDEN HILLS, MINNESOTA
SPECIAL CITY COUNCIL WORK SESSION
SEPTEMBER 9, 2019
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 Special City
Council Work Session at 7:00 p.m.
Present: Mayor David Grant, Councilmembers Dave McClung, Fran Holmes, and
Steve Scott
Absent: Councilmember Brenda Holden (excused)
Also present: City Administrator Dave Perrault, Interim Public Works Director/City
Engineer Todd Blomstrom, City Clerk Julie Hanson, Recreation Coordinator Sara Knoll,
HRGreen Representatives Chris Harrington and Jordan Horejsi
1. AGENDA ITEMS
A. Hamline Avenue Crosswalks and Retaining Walls
Interim Public Works Director/City Engineer Blomstrom provided an overview of the
Hamline Avenue pedestrian crossing project. He stated that one crosswalk is located at Wyncrest
Court, and the second is about 1200 feet to the south at Floral Park. The retaining wall is located
on both sides of Indian Oaks Trail. The existing crosswalk at Wyncrest is marked as a pedestrian
crossing with a ramp on the west side but no ADA compliant facilities on the east side. The
crossing at Floral Park is marked and has ramps on both sides. He noted previous discussions
included installing center medians, changing the crosswalk configurations, additional signage and
possible addition of a rectangular rapid flashing beacon. There was a design review meeting with
Ramsey County staff and the consultant has final plans for the project.
HRGreen Representative Horejsi referenced the handout and previous information that had
been provided, along with the completed plans. He stated the ramp on the northwest quadrant will
be replaced with full curb and the crossing will be removed. There will be a new ramp on the
south side, including a pedestrian refuge, and a median refuge was added to the Floral crossing.
HRGreen Representative Horejsi drew a cross section of the pedestrian refuge and described it
in more detail.
ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — September 9, 2019 2
HRGreen Representative Horejsi noted the southeast quadrant of Wyncrest would have a new
ramp and be ready for future sidewalk. There is no sidewalk on Wyncrest at the present time.
Councilmember Holmes said the biggest complaint residents have are in regards to the turn lanes
in the middle of Hamline Avenue.
HRGreen Representative Horejsi said the pedestrian refuge is essentially a median and cars will
no longer be able to drive down the center of Hamline.
Councilmember McClung said Ramsey County did basically the same thing on Larpenteur
Avenue, except that Arden Hills' will be raised.
HRGreen Representative Horejsi indicated that when drivers see a curb on both sides of them,
they will typically automatically slow down.
Interim Public Works Director/City Engineer Blomstrom mentioned that during the original
discussion in January there was talk about rectangular rapid flashing beacon. He stated that
Ramsey County has a standard threshold of 20 pedestrians per hour on County roadways and will
not allow a flashing beacon at either of these locations.
Interim Public Works Director/City Engineer Blomstrom explained that Ramsey County has
an annual solicitation asking for projects that cities would like financial help with in the coming
year. This typically happens in November, but Ramsey County supports this project and are
willing to open for an application from Arden Hills in October. He indicated that if this project
were to be selected, Ramsey County would participate in 50% of the project costs. The total
project cost estimate is around $1101000.
Interim Public Works Director/City Engineer Blomstrom discussed the retaining walls on the
north and south sides of Indian Oaks Trail which are approximately four to seven feet tall and
crumbling. There are areas of the wall in which nearly 50% of the block has disintegrated. To be
efficient in delivering projects at a low cost, he is recommending the project be bundled with the
crosswalk project.
Mayor Grant asked if the Department of Corrections could install the retaining wall.
Councilmember Holmes asked why the homeowner wouldn't pay for the wall.
Interim Public Works Director/City Engineer Blomstrom responded that this does not appear
to be a landscaping feature installed by the homeowner, rather a feature installed by Ramsey
County to allow the roadway to expand and have sidewalks installed.
Councilmember Scott noted the walls were there when he moved into the area 23 years ago.
Further discussion ensued regarding the wall and type of material used.
City Administrator Perrault said if the Council is comfortable to put the crosswalk project off
until the spring of 2020, staff will investigate ramping up other projects for economy of scale and
ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — September 9, 2019 3
potentially use ICWC workers when applicable. County participation for the crosswalk would be
in 2020.
Councilmember Scott noted that it's not the number of pedestrians at the crosswalks, it's the
amount of traffic on Hamline.
Councilmember McClung stated he would like to see flashing lights at minimum at the park
connection. He asked if the City can obtain a flashing light at just one location, would Council
agree to place it at the park crossing on Floral versus Wyncrest?
Interim Public Works Director/City Engineer Blomstrom said Ramsey County seems to be
receptive to the concerns of the Council. He indicated he would reach out to Ramsey County
regarding the Council's desire for a flashing light at the southern crossing due to traffic speeds to
see if they would reconsider.
Councilmember Scott asked about the practicality of approaching Boston Scientific to help with
the cost of the flashing lights since it would benefit their employees.
Interim Public Works Director/City Engineer Blomstrom responded that City staff will
discuss this possibility with Boston Scientific staff.
Mayor Grant noted agreement of the Council for the plan but requested staff reach out to
Ramsey County regarding installation of one set of flashing lights, regardless of who pays for
them.
B. Perry Park — Dog Park Improvements
Interim Public Works Director/City Engineer Blomstrom explained the dog park location is at
Perry Park, south of County Road E2 on New Brighton Road. There are three active athletic fields
there and a former baseball diamond was converted to a dog park in 2016. There have been
concerns about the condition of the field and what work could be done to improve the dog park.
Recreation Coordinator Knoll said due to the drainage issues and the field being unplayable, the
Shoreview Youth Baseball Association decided to stop using the field. The PTRC proposed to
change the field to a dog park in 2016. At the annual Bark and Rec day residents were asked what
improvements they would like to see. The number one improvement requested was shade for the
dogs and owners. Thirty-five residents completed the survey and about half of them requested
shade. The second most requested item was to fix drainage issues. She said there are two
drainage issues, one being on the infield and the other in the outfield by the fence line.
Interim Public Works Director/City Engineer Blomstrom explained the low spot in the infield
could be filled and the area in right field needs some type of swale to improve the drainage to
allow it to drain into the wetland.
Interim Public Works Director/City Engineer Blomstrom said staff had compiled three
options that could be changed, modified, expanded or merged together. Option 1 was a low-cost
option; to remove the aggregate, topsoil and seed placement, and plant ten trees. Option 2 is
similar but to remove the backstop fencing and tall fencing along the first base line and replace it
ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — September 9, 2019 4
with five-foot fencing, also removing the dugout benches. Options 1 and 2 assume staff and/or
ICWC doing the work. Option 3 includes a cost for site grading and higher cost for irrigation
repair.
Mayor Grant felt ten trees may be too many. He thought a couple of fast growing maples would
suffice. He wondered if they would put any kind of shelter for shade as that would provide shade
right away.
Councilmember Holmes felt the items in Option 1 were the most important.
Councilmember McClung asked if they could possibly phase in the work, for example do Option
1 with plans to move to Option 2.
Mayor Grant suggested cutting the backstop fence off to the same height as the rest of the fence
and reuse the same caps from the top. He felt they could go with Option 2 and look at creative
ways to keep the cost down on the fencing, and a possible shelter with fewer trees.
C. Shorewood Drive Drainage Improvements
Interim Public Works Director/City Engineer Blomstrom introduced the item by saying that
Shorewood Drive ends at a cul-de-sac. There is approximately 1,200 feet of roadway and 4.5
acres of land that is draining into one catch basin in the middle of the street at the low point. New
bituminous curb and an overlay project was done about three years ago. Runoff is exceeding the
capacity causing minor flooding and flowing over part of the driveway at 3203 Shorewood Drive.
He stated that the property owner has been working for quite some time with the City to resolve
the issue. Options discussed include installation of additional catch basins to the west of the
driveway that tie into the box culvert, installation of curb along the frontage of the driveway,
pulling the end of the driveway up and leading to replacement of the driveway, or installation of a
trench drain along the driveway. He also stated that additional survey data needs to be collected,
drainage calculations made, schematic designs drawn and the best solution found in conjunction
with the homeowner.
Interim Public Works Director/City Engineer Blomstrom said the City has an on-call contract
with HRGreen and they've performed drainage work for the City in the past.
After discussion staff was directed to get a proposal from HRGreen.
Interim Public Works Director/City Engineer Blomstrom stated he had one other item he'd
like them to look at while they are surveying which is a low point in the road on Grant that is
backing up onto the driveway and very close to the home. They need to determine if there is an
over land route that is lower than the grade of the garage slab.
Mayor Grant directed staff to include that address into the quote for survey work.
Councilmember Holmes said there needs to be a catch basin at 1803 Venus as well as there used
to be one at that location but it was removed for the PMP.
ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — September 9, 2019 5
2. COUNCIL/STAFF COMMENTS
Councilmember Scott discussed the military events going on in the next month and stated that
he would send an email to staff.
ADJOURN
Mayor Grant adjourned the Special City Council Work Session at 8:34 p.m.
Julie Hanson
City Clerk
David Grant
Mayor
DRAFT
-ARQEN_HILLS
Approved: October 28, 2019
CITY OF ARDEN HILLS, MINNESOTA
CITY COUNCIL WORK SESSION
SEPTEMBER 16, 2019
5:00 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 City
Council Work Session at 5:03 p.m.
Present: Mayor David Grant, Councilmembers Brenda Holden, Dave McClung,
Fran Holmes, and Steve Scott
Absent: None
Also present: City Administrator Dave Perrault, Interim Public Works Director/City
Engineer Todd Blomstrom, Finance Director Gayle Bauman, Deputy Clerk Jolene Trauba,
Bolton and Menk Principal Engineer Sarah Lloyd
Councilmember Holden requested Old Snelling/Lindy's roundabout and awarding of contracts
be placed on the agenda.
1. AGENDA ITEMS
A. Hazelnut Park Master Plan Review
Interim Public Works Director/City Engineer Blomstrom introduced Sarah Lloyd to give an
overview of the Master Plan and cost estimates. Staff is asking for direction from Council on the
highest priorities for the park so they can be included in the upcoming CIP.
Interim Public Works Director/City Engineer Blomstrom reviewed the maintenance
agreement between the City and the Church.
Councilmember Holden mentioned that the Church has never done any sealcoating as required
by the agreement.
Interim Public Works Director/City Engineer Blomstrom noted the Joint Use Agreement
allows the City to use the parking lot from 8:00 a.m. to 10:00 p.m. The agreement can be
terminated by the City with a 60 day notice, but the Church may not terminate without the City's
written consent. At a recent meeting with the church representative, it was mentioned there are
three services on Sundays. Based on attendance there is a parking demand of between 40 to 80
ARDEN HILLS CITY COUNCIL WORK SESSION — September 16, 2019 2
vehicles. There are currently 139 spaces in the lot. The lot could be reduced in size and reserve
the ability to expand again in the future. The lot has a fair amount of wasted space. Reducing to
100 spaces could reduce the parking lot by nearly 25%. The Church does not want to transfer
ownership to the City.
Councilmember Holmes felt the Church was being unrealistic to have the City reconstruct a
parking lot we don't own.
Interim Public Works Director/City Engineer Blomstrom responded that one issue may be
severing the parking lot from the building would reduce the value of the property.
Councilmember Holden said she thought the idea was to reduce the parking lot size for lower
maintenance costs, and get the extra green space as park land.
Bolton and Menk Principal Engineer Lloyd described the map with existing and proposed
features of the park, which included new trails, reconstruction of the parking lot, construction of a
warming house, LED lighting improvements, and general landscape components. The shared lot
is proposed to be reconstructed with concrete curb and gutter. There is a proposed maintenance
line with property to the south of the line belonging to the Church and north of the line to the City.
An ADA compliant trial leads to the warming house. Clearing and grubbing will be required to
help create the trail and visibility. There are two concepts for the warming house, a low
maintenance structure of concrete with a metal roof and oversized garage door, and a framed
structure with wood siding, metal roof and oversized garage door. There would be grading to
minimize flooding. She discussed the cost estimates for individual items.
Councilmember Holden asked how much the temporary warming house costs.
City Administrator Perrault replied that is was approximately $5000 last year.
Councilmember Holmes asked for further explanation of the park lighting and wondered if it
was necessary with the parks closing at dusk.
Councilmember Holden requested the discussion be tabled until there is some agreement struck
with the Church regarding the parking lot.
Councilmember Holmes agreed.
Interim Public Works Director/City Engineer Blomstrom noted that if the City does a
substantial park improvement it would need to be ADA compliant, or if a trail is modified or
reconstructed it would have to be made ADA compliant.
Interim Public Works Director/City Engineer Blomstrom suggested the City focus on
reconstructing the northerly parking spots that the City needs and ask for ownership of that
portion of the lot be transferred to the City.
Councilmember Holden said they would like to see that portion green space as there is no need
for the parking lot to be so large. If the parking lot is reduced and reconstructed by the City, the
reward would be the green space.
ARDEN HILLS CITY COUNCIL WORK SESSION — September 16, 2019 3
City Administrator Perrault rephrased that if the Church isn't willing to reduce the size of the
lot and enter into an agreement for reconstruction the City would do nothing.
Mayor Grant suggested putting a few parking stalls on the City property and disregarding the
Church lot.
City Administrator Perrault said the Church isn't interested in reducing the size of the parking
lot. He asked for clarification that if the Church isn't willing to reduce the size of the parking lot
for green space, the City won't be willing to reconstruct the parking lot.
Councilmember McClung said if they can't find a way to move forward together than we have
to insist the Church meets the obligations of what they said they would do in the agreement.
Interim Public Works Director/City Engineer Blomstrom asked if they were willing to reduce
the lot by 30% and convey that land to the City, what would the Council's willingness be to cost
share? They could look at lower cost designs.
Councilmember Holmes said she would be willing to do bare bones in the parking lot with some
concessions by the Church, and would like to know what the Corrections crew could do.
Discussion ensued regarding the location placement of the warming house. It was agreed to table
the item until staff meets again with the Church.
B. Karth Lake Pump Replacement
City Administrator Perrault stated that in 2003 the City Council approved the formation of the
Karth Lake Improvement District. The duty of the District is to act as an advisory board to the
City Council on construction and maintenance of a lake elevation control structure and other
duties as defined in the bylaws. The first project was the installation of a pump to aid in
controlling the lake levels. The project cost approximately $99,000 and was split 50% by the
City's stormwater fund and 50% by the District by a levy specific to the properties surrounding
Karth Lake. There is currently no pump to serve the lake, it needs to be replaced at a cost of
approximately $12,000. The City Attorney said the agreement didn't necessarily dictate future
projects. There are two other improvements coming up, the retaining wall, budgeted for $100,000
and control panels associated with the pump, estimated at $30,000. The pump is the most
immediate need and cost could be absorbed by the Stormwater Maintenance Fund. Karth Lake is
still an active taxing district. There was previous discussion by a former City Council on
separating the District and making them a private association, but no action was taken.
Councilmember Holmes asked why the City would pay for anything if it is a private lake.
Councilmember Holden said you don't want to diminish the value of the land around the lake.
Interim Public Works Director/City Engineer Blomstrom said the retaining wall is used to get
equipment close enough to the lake to set the equipment in the water.
City Administrator Perrault added they believe if not for the pump there would probably not be
a need for the retaining wall.
ARDEN HILLS CITY COUNCIL WORK SESSION September 16, 2019 4
Councilmember Holden wondered if they could ask a homeowner to let the City take the pump
out from their property.
Interim Public Works Director/City Engineer Blomstrom said the force main comes out of a
wall that the pump is connected to, and the panel sits on top of the retaining wall.
Councilmember McClung felt being as the City is a property owner on the lake we should pay
for a portion of the improvements that benefit our property.
Finance Director Bauman said the city can't tax themselves, so it would be like a street
assessment and the City's cost would be built into the costs the City is putting into the project.
Councilmember McClung said he would support an amount percentage equivalent to the amount
of property the City owns.
Councilmember Holmes felt because the retaining wall is on City property but the residents at
large can't use the lake, the City should pay a small percentage of the cost of the retaining wall.
Mayor Grant said we would have to determine if the City is part of the taxing district.
Councilmember McClung said he is willing to pay an amount based on the percentage of land
the City owns on the lake, not the full amount of the retaining wall or the pump.
Interim Public Works Director/City Engineer Blomstrom noted that oftentimes there is a cost
sharing arrangement because the City and people not adjacent to the lake have created
development that has increased runoff to the lake thus increasing the water level of the lake. The
District could pose the argument that is a contributing factor so the City should pay a share of the
cost.
Councilmember McClung felt the majority of the cost should be born by the members of the
District.
Mayor Grant asked if the control panel was bad enough to need replacement.
Interim Public Works Director/City Engineer Blomstrom responded that the newer modern
pumps need new controls and the wire from the cabinet to the pump needs to be replaced. The
shell of the cabinet is beat up but doesn't necessarily need to be replaced. Replacing the controls
would be done when the new pump is installed. He estimated the pump could be up and running
for a year before the retaining wall would need to be replaced. If there were another place to put
the float in and they removed the pump and retaining wall, slope stabilization would need to be
installed.
Councilmember Holden noted that Council agreed the Karth Lake Improvement District should
be asked if someone would give the City an easement to put the pump in and out of the lake.
Councilmember Holmes felt that a 50/50 split on cost would be more equitable because of the
runoff going into the lake.
ARDEN HILLS CITY COUNCIL WORK SESSION September 16, 2019 5
Interim Public Works Director/City Engineer Blomstrom said he would provide a drainage
map to show the parcels that drain into the lake.
Mayor Grant said Karth Lake was supposed to maintain the operational costs. He felt the Karth
Lake taxing district should have put money aside each year in a fund for upcoming costs.
Discussion ensued regarding the taxing district and advisory board.
City Administrator Perrault commented that Karth Lake board doesn't levy a tax, they make a
recommendation to the Council and the Council enforces the levy. They can't tax themselves.
Interim Public Works Director/City Engineer Blomstrom noted the governing body of the
special taxing district is the City Council, not the Karth Lake advisory board.
Councilmember McClung said the board needs to determine if they want a pump and
recommend it to the Council. Council would impose the tax and possibly a small yearly
assessment.
Mayor Grant said as the Council liaison he would talk to the Karth Lake Improvement District
board.
Councilmember McClung said another idea would be to front them a portion of the money and
have them pay it back over several years.
Staff was directed to wait to order the pump until after the Karth Lake Improvement District
meeting.
C. Lake Johanna Boulevard - Speed Display Sign
Interim Public Works Director/City Engineer Blomstrom stated that staff has received several
comments from residents concerning traffic speeding along Lake Johanna Boulevard. He is
looking for direction from the Council on installing radar speed display signs. He referenced a
map of speed limit signs along the roadway and discussed the options of permanent display signs
and trailer mounted signs.
Interim Public Works Director/City Engineer Blomstrom noted that permanent mounted
speed control signs are most effective around school zones and areas where there is a large change
in the speed limit. Research has shown that on a normal roadway with a constant speed the signs
have a diminishing effect over time. He recommended a sign with data recording capabilities.
Data collected is helpful to law enforcement, Council and residents. He reviewed estimated costs
for a trailer mounted sign and pole mounted signs.
Councilmember McClung said he would rather do a trailer mounted sign to move around; solar
powered with a backup battery.
ARDEN HILLS CITY COUNCIL WORK SESSION — September 16, 2019 6
Mayor Grant was not in favor of purchasing a new sign. He would like to utilize the trailer sign
the City currently owns. He felt if the County wanted the data they could buy their own trailers
with that ability.
Councilmember Holden didn't want to collect speed data for fear the County would actually
raise the speed limit. Public Works will need to remove the snow from the solar panels.
Councilmember Holmes liked the idea of permanent signs, like on Old Highway 10.
Interim Public Works Director/City Engineer Blomstrom said he would check into the status
of the trailer the City currently owns and see if it is operable.
Mayor Grant said if the trailer we have is operable or is fixable to put it on Hamline Avenue, and
develop a rotation schedule.
D. MSA Discussion
Interim Public Works Director/City Engineer Blomstrom explained where State Aid comes
from and he allotment formula. Arden Hills has a 25% maintenance allotment totaling $98,000
per year, and 75% construction allotment, totaling $293,900 per year. A funding request wasn't
filed for the Old Snelling water main and trail project. Plans were approved so it is eligible, but
they will need to make a request to be funded. An advancement request could be made, paid back
through the annual allotments. Or wait for the annual allotments and receive the funds at that
time. Either option will require relooking at the CIP funding.
Finance Director Bauman said the City wouldn't have to defer projects, but would need to carry
the balance until State Aid is available to draw on.
Discussion ensued regarding the CSAH 96 to Gateway Boulevard project costs and funding. Staff
will look at the entire description to determine exactly what work was done that was covered by
State Aid.
Finance Director Bauman explained the funds that were left in the account and what is still
owed.
Interim Public Works Director/City Engineer Blomstrom said his recommendation for the
next project would be in the southwest corner of the City, in the Glenpaul area. The City can
borrow five times the annual construction allotment if the fund has cash available. Some cities
keep a constant backlog but the City has to be able to cash flow the projects. If you use any MSA
money on a roadway you can't delist it and put the mileage on another road for 20 years or you
have to pay the money back.
Councilmember Holmes suggested possibly making Old Snelling not an MSA road. She felt
they should reacquaint themselves with the study that was done regarding that possibility.
Interim Public Works Director/City Engineer Blomstrom said every year the City updates
their needs, 20% of total street miles can be State Aid miles, and it includes some County road
components and turn back credits.
ARDEN HILLS CITY COUNCIL WORK SESSION September 16, 2019 7
Councilmember McClung asked if staff could provide the actual number of miles of streets in
Arden Hills.
E. Public Works Director Discussion
City Administrator Perrault stated the City has a vacancy for Public Works Director/City
Engineer, currently being filled by an interim director (Todd Blomstrom) from SEH. The
Council's intent was to hire SEH for at least six months to evaluate how to move forward with the
position. Staff discussed if the position should be split but felt it wasn't necessary. There are
options to consider; 1) re -post for the position 2) continue with a consultant or 3) split the role.
Another option would be to enter into a longer-term contract with SEH and leave Mr. Blomstrom
in the position.
Interim Public Works Director/City Engineer Blomstrom explained his work hours and
availability. Also, the current Senior Engineering Technician could be groomed into the role of
Public Works Director.
After discussion, Council decided to continue the contract with SEH for an additional year
(through January 2021), with further options to be discussed at a work session in July. Project
bids will be considered from SEH and other vendors.
Council agreed to continue the meeting past 8:00 p.m.
F. Public Works Admin Office Support Discussion
City Administrator Perrault explained there is a need for administrative assistance in the Public
Works Department, the position would be similar in grade to the office support positions at City
Hall. Some items the assistant could help with include receiving and responding to requests for
service, implementing a work order system, coordinating material orders and inventory,
monitoring the training and safety program, MS4 permits, informational mailings, and
documenting work load statuses. This position would not have a negative impact on the budget.
Interim Public Works Director/City Engineer Blomstrom felt about half of the calls that are
received by the Public Works Director and Superintendent could be handled by this position. He
highly recommends getting a work order system implemented among other things. He felt even a
half time person would be a huge improvement.
After discussion, staff was directed to post for the position.
G. Old Snelling at Lindey's Triangle
Councilmember Holden asked if the roundabout has to be built at that location.
Interim Public Works Director/City Engineer Blomstrom said the County is paying for a
considerable amount of the project, and the intersection doesn't meet warrants for a signal light.
ARDEN HILLS CITY COUNCIL WORK SESSION September 16, 2019 8
H. Bidding Process
Councilmember Holden stated that she wanted to change the evaluation process for engineering
projects, and bidding needs to be handled carefully.
I. Council Tracker
Councilmember Holden requested that I & I, Recreation Funding, and crack sealing on tennis
courts be added to the tracker.
2. COUNCIL/STAFF COMMENTS
Councilmember Scott noted that he will not be at the October 14 meeting.
Councilmember McClung said he also may not be at that meeting.
A n -IO TR N
Mayor Grant adjourned the City Council Work Session at 8:30 p.m.
David Grant
Mayor
Jolene Trauba
Deputy Clerk
-ARQEN_HILLS
Approved: October 28, 2019
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
SEPTEMBER 23, 2019
7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City
Council meeting at 7:00 p.m.
Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave
McClung and Steve Scott
Absent: None
Also present: City Administrator Dave Perrault; Interim Public Works Director/City
Engineer Todd Blomstrom; Finance Director Gayle Bauman; Community Development
Manager/City Planner Mike Mrosla; City Attorney Joel Jamnik; and City Clerk Julie
Hanson
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
Mayor Grant requested Item 4A be postponed until Senator Jason Isaacson arrives at the
meeting.
Councilmember Holmes requested Items 7H and 7J be pulled from the Consent Agenda for
further discussion as Items 8A and 8B.
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 INQUIRIESANFORMATIONAL
Jim Quitter, 4615 Prior Avenue North, thanked the Council and staff for resolving the City
newsletter issue. He noted he received his first newsletter last week. He then commented on his
polling location for Precinct 3, which occurs at the Ramsey County Public Works Facility. He
ARDEN HILLS CITY COUNCIL — SEPTEMBER 23, 2019 2
stated he believed this was a very unfriendly location given the poor access to the building. He
encouraged the Council to consider relocating this polling location.
Mayor Grant directed staff to review his concerns with the County.
Steve Gericke, 1840 County Road E, thanked the Council for addressing the junk on the property
adjacent to his property. He also noted concerns with the Ramsey County Sheriff and access to
Presbyterian Homes.
Gregg Larson, 3377 North Snelling Avenue, noted that the City could not produce a record or
minutes regarding changing language in the public inquiry section of the Council agenda. Mr.
Larson further commented on the investments thus far in the TCAAP project and that the City is
now in litigation with Ramsey County.
Mayor Grant recessed the Council meeting at this time. The City Council meeting was recessed
at 7:14 p.m.
Mayor Grant reconvened the City Council meeting at 7:19 p.m.
3. RESPONSE TO PUBLIC INQUIRIES
None.
5. STAFF COMMENTS
A. Rice Creek Commons (TCAAP) and Joint Development Authority (JDA) Update
City Administrator Perrault provided an update on TCAAP stating litigation with Ramsey
County was ongoing.
B. Transportation Update
Interim Public Works Director/City Engineer Blomstrom updated the Council on the Colleen
Avenue drainage improvement project.
Interim Public Works Director/City Engineer Blomstrom discussed the work being completed
on Indian Oaks and Indian Trail within the 2018 PMP project. It was noted final paving work was
being completed.
Interim Public Works Director/City Engineer Blomstrom explained final work was being
completed at Royal Hills Park and on Cummings Tennis Courts.
Councilmember Holmes requested staff provide the Council with an update on the proposed
closure of Hamline Avenue at Snelling Avenue at a future meeting.
Councilmember Holden suggested MnDOT attend a future worksession meeting to discuss this
intersection in further detail with the Council.
ARDEN HILLS CITY COUNCIL — SEPTEMBER 23, 2019 3
6. APPROVAL OF MINUTES
A. August 12, 2019, Special City Council Work Session
B. August 19, 2019, City Council Work Session
C. August 26, 2019, Special City Council Executive Session (Closed)
D. August 26, 2019, Regular City Council
MOTION: Councilmember Holmes moved and Councilmember McClung seconded a
motion to approve the August 12, 2019, Special City Council Work Session
meeting minutes, August 19, 2019, City Council Work Session meeting
minutes, August 26, 2019, Special City Council Executive Session (Closed)
meeting minutes; and August 26, 2019, Regular City Council meeting minutes
as presented. The motion carried unanimously (5-0).
7. CONSENT CALENDAR
A. Motion to Approve Consent Agenda Item - Claims and Payroll
B. Motion to Approve Conveyance of City's Interest in 1999 Easement Machine to
City of White Bear Lake
C. Motion to Approve Agreement Terminating Century Link Franchise Agreement
D. Motion to Approve Appointment of Public Works Maintenance Worker
E. Motion to Approve North Suburban Access Corporation Professional and
Technical Services Agreement
F. Motion to Authorize Posting for Public Works Office Support Specialist
G. Motion to Approve Resolution 2019-032 Appointing Jill Anderson and Marie
Hinton to the PTRC
H. Metien to Approve WSB Seepe a -ad Cost Estimate for- Lake Valentine Readway
Improvement Reeemmendation Study
I. Motion to Approve Mounds View High School Development Agreement
Ply
K. Motion to Approve Payment No. 9 and Change Order No. 7 — Northwest Asphalt,
Inc. — 2018 Street and Utility Improvement Project
L. Motion to Approve Payment No. 5 (Final) — Sunram Construction, Inc. — Johanna
Marsh Park Improvements
M. Motion to Approve Change Order No. 1 — Pember Companies Colleen Avenue
Storm Drainage Improvements
N. Motion to Approve Change Order Nos. 1, 2, 3 and 4 — Trunk Highway 10
Watermain Improvements Project
O. Motion to Approve Proposal for Geotechnical Services — Northern Technologies,
LLC — Old Snelling Avenue and County Road E Improvement Project
P. Motion to Approve Payment No. 3 and Change Order No. 2 — VEIT & Company —
Old Snelling Bridge Replacement Project
Q. Motion to Approve Resolution 2019-031, Approving a Grant Agreement with the
Met Council for Sanitary Sewer Lining Project
ARDEN HILLS CITY COUNCIL — SEPTEMBER 23, 2019
2
MOTION: Councilmember Holden moved and Councilmember Holmes seconded a
motion to approve the Consent Calendar as amended removing Items 7H and
7J and to authorize execution of all necessary documents contained therein.
The motion carried unanimously (5-0).
8. PULLED CONSENT ITEMS
A. Motion to Approve WSB Scope and Cost Estimate for Lake Valentine
Roadway Improvement Recommendation Study
Councilmember Holmes believed the proposal was not as comprehensive as it should be for the
work to be completed. She supported data being collected for the school speed zone and traffic
numbers, but recommended more focus be placed on how pedestrian traffic will impact this area.
She recommended the Council hold a meeting with staff and the engineers prior to the study being
completed.
Community Development Manager/City Planner Mrosla explained staff has been working
closely with the school district. He noted staff would be meeting onsite with school staff on
Tuesday, September 24 to discuss evening traffic, lighting and pedestrian concerns. He indicated
staff has also been working closely with WSB on this proposal.
Interim Public Works Director/City Engineer Blomstrom explained WSB was aware of the
pedestrian concerns for this project. He agreed this may not be reflected in the words within the
proposal scope for services but noted WSB was extremely aware of the need to coordinate
pedestrian safety. He explained WSB could be involved in additional engagement meetings if this
was the desire of the Council, but noted Shawn Delmore, the lead engineer, has been in
communication with the school.
Councilmember Holmes stated she would like to see a meeting held between WSB, staff and the
City Council to review potential concepts prior to this item moving forward. She understood the
bridge idea was not popular, but she believed this was the safest solution. She explained she
would like to see this option further vetted. She expressed concern with the fact the proposal did
not better explain how the pedestrian issues would be addressed.
Councilmember Holden commented the Council had vetted a bridge concept with school
representatives and there were concerns with the overall cost and expense for future maintenance.
Community Development Manager/City Planner Mrosla reported this was the case noting the
grade of the road would also make a pedestrian bridge extremely difficult to install. He stated a
light or hawk system would be considered through the proposed study. He indicated the study
would provide the City with 20 -year projections on traffic volumes.
Interim Public Works Director/City Engineer Blomstrom commented the City could request
an additional meeting with WSB between the data collection period and the concept development
stage.
ARDEN HILLS CITY COUNCIL — SEPTEMBER 23, 2019 5
Councilmember Holmes stated she did not believe a 2040 traffic study was necessary. She
wanted to see the traffic concerns present today had to be addressed here and now. She believed
only a 10 -year traffic study should be completed.
Interim Public Works Director/City Engineer Blomstrom anticipated the traffic growth rate
would not be significant. He commented this would not add a huge amount of work on to the
scope of services for the consultant.
Councilmember Holmes reported she would like to see the Council hold a meeting with the
WSB consultants after data collection was complete in order to discuss preliminary concepts. She
supported a public meeting being held as well.
Mayor Grant indicated he could support another meeting being held.
MOTION: Councilmember McClung moved and Mayor Grant seconded a motion to
approve a Professional Services Agreement with WSB for the preparation and
completion of the Lake Valentine Roadway Improvement Recommendation
Study in an amount not to exceed $40,054, directing staff to schedule a
worksession meeting with WSB after data collection was complete. The
motion carried (5-0).
4. PUBLIC PRESENTATIONS
A. Legislative Update
Senator Jason Isaacson thanked the Council for their time. He provided the Council with an
update on the upcoming legislative session. He stated there were urgent matters that would have
to be addressed such as insulin, transportation funding, social services, and LGA funding. He
commented on the bills he would be sponsoring regarding school counselors and mental health.
Councilmember Holden questioned if the State would be addressing e -cigarettes and tobacco
use.
Senator Isaacson stated he would have aggressive tobacco legislation coming forward. He
thanked his cities for working to address this issue at a local level. He commented he would work
to ban flavored vaping products in Minnesota. In addition, he wanted to have all tobacco products
sold only at tobacco shops or bars. He discussed the amount of money that was spent on a yearly
basis to address tobacco related illnesses in the State of Minnesota.
Mayor Grant questioned what would occur around transportation in the upcoming legislative
session.
Senator Isaacson reported he would be working towards a pretty significant increase in transit for
this area. He stated there were several Fortune 500 companies within 10 miles of this location and
all were asking for more transit options. He commented further on how it would be difficult to
bring both sides of the political spectrum together to accomplish much transportation -wise.
ARDEN HILLS CITY COUNCIL — SEPTEMBER 23, 2019 6
Councilmember McClung asked if there would be a way to bring both sides together for the
benefit of the residents.
Senator Isaacson commented on the positive things that occurred with the budget in 2019. He
indicated there would continue to be a struggle to bring both sides together but he anticipated this
would happen for issues such as insulin.
Councilmember Holden requested further information regarding long-term care.
Senator Isaacson stated he serves on the Health Committee and understood this was a crisis in
the State, for both the elderly and those living with disabilities. He explained some nursing homes
or homes for those living with disabilities were understaffed. He indicated he has been pushing for
rate increases.
Mayor Grant questioned what the State would be discussing surrounding education in 2020.
Senator Isaacson commented the Education Policy Committee was eliminated. In addition, the
size of the Finance Committee was reduced. He discussed how this shifted representation and the
bills that were being heard. He believed there would not be cuts when it comes to education.
Councilmember Scott asked why the State of Minnesota was so delayed in approving the Real
ID.
Senator Isaacson explained this was a complicated issue and legislators were afraid of immigrant
licenses.
Councilmember McClung inquired if the State of Minnesota would be discussing marijuana in
the coming legislative session.
Senator Isaacson indicated he did not believe this would be coming forward for approval in
2020. He stated if this were to come forward, he would want to see it properly taxed to ensure
funding was being set aside for recovery and mental health issues.
Councilmember Holden thanked Senator Isaacson for assistance with the recent bonding issue.
Mayor Grant thanked Senator Isaacson for his update and for his representation of the City of
Arden Hills. He presented Senator Isaacson with a Certificate of Appreciation for his efforts. A
round of applause was offered by all in attendance.
8. PULLED CONSENT ITEMS
B. Motion to Approve Public Notification Process for Planning Land Use
Application Policy
ARDEN HILLS CITY COUNCIL — SEPTEMBER 23, 2019 7
Councilmember Holmes stated part of this policy was for neighborhood meetings, along with
how the City Council and Planning Commission would address Land Use Applications. She
reviewed the proposed notification limits and stated she would like all requests to be 1,000 feet.
Community Development Manager/City Planner Mrosla explained the 350 to 500 feet
notification radius for neighborhood meetings was being proposed to allow staff to gain input
from the people who were being directly impacted. He stated if the Council wanted to discuss this
matter further it could be brought back to a future worksession meeting.
Councilmember Holmes restated that she would like to see the notification radius for all City
meetings and neighborhood meetings be 1,000 feet.
Councilmember McClung supported this recommendation. He commented he could support a
500 -foot notification for Land Use Applications that do not require a Public Hearing.
Councilmember Scott asked that all Councilmembers be invited to neighborhood meetings in the
future.
Mayor Grant stated he supported meeting notifications still being sent via US Mail.
MOTION: Councilmember McClung moved and Councilmember Holmes seconded a
motion to approve the revised Land Use Application Public Notification
Policy to include neighborhood meetings, with the following amendments to
Page 2 under Planning Commission and City Council Land Use Application
public notification procedures under Item 1 chan2in2 350 to 500 feet and for
Items 2 and 3 chan2in2 the distance to 1,000 feet. The motion carried (5-0).
9. PUBLIC HEARINGS
A. Quarterly Special Assessments for Delinquent Utilities
Finance Director Bauman stated water customers whose accounts are 90 days past due were
informed that the City intends to certify delinquent charges to Ramsey County to be collected with
property taxes. These customers have the right to a hearing in front of the City Council to discuss
this matter prior to certification.
Mayor Grant opened the public hearing at 8:24 p.m.
With no one coming forward to speak, Mayor Grant closed the public hearing at 8:25 p.m.
B. Accelerated Abatement of Nuisance Property at 1870 Glenpaul Avenue
Community Development Manager/City Planner Mrosla stated due to a complaint, staff
inspected 1870 Glenpaul Avenue on August 15, 2019. Staff noted excessive vegetation growth
and the accumulation of tree branches and debris. At that time staff determined the property was
in violation of the following subsections of City Code Section 602.02 Public Nuisance Affecting
Health:
ARDEN HILLS CITY COUNCIL — SEPTEMBER 23, 2019
8
• 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
Community Development Manager/City Planner Mrosla reviewed the actions that have been
taken by staff and requested the Council hold a Public Hearing regarding the matter.
Councilmember Holden asked if this was a rental property.
Community Development Manager/City Planner Mrosla explained this property appeared to
be vacant and staff was working to locate the property owner.
Mayor Grant opened the public hearing at 8:28 p.m.
With no one coming forward to speak, Mayor Grant closed the public hearing at 8:29 p.m.
C. Amendment of Chapter 12, Sign Code, Sections 1201, 1230 and 1240 of the
Arden Hills City Code — Planning Case 19-008
Community Development Manager/City Planner Mrosla stated Expedite The Diehl has
submitted an application for a Sign Code Text Amendment on behalf of McDonalds. The
Applicant is requesting a Sign Code Text Amendment that would allow for dynamic display menu
board signs at drive-through facilities.
Community Development Manager/City Planner Mrosla reported over the last few years
drive-through facilities have moved away from the traditional changeable copy drive-through
menu boards to dynamic displays. Dynamic display signs are becoming the preferred method of
internal and exterior menu boards. All of the existing drive-through menu boards in the
community consist of changeable paper copies and are backlit by traditional bulbs. In the past
staff has utilized free standing sign requirements or designated the signs as incidental signs. An
incidental sign is any sign that is generally not understandable or readable from the property other
than where the sign is located, such as from an adjacent property or a public street. Upon review,
the majority of existing drive-through menu board signs were approved as incidental signs and
were not evaluated as they were located out of view. The proposed amendment would require
staff to review menu boards.
Mayor Grant opened the public hearing at 8:34 p.m.
Tracy Diehl, Expedite The Diehl, thanked staff for their assistance with the proposed Sign Code
Amendment.
Councilmember Holmes commented the original plan was to have the signs change twice a day,
but noted this was increased to five times a day. She asked if this number should be eliminated
altogether.
ARDEN HILLS CITY COUNCIL — SEPTEMBER 23, 2019 9
Ms. Diehl recommended the limit remain at five times per day as this could open the City up to
dynamic display signs that were fully animated elsewhere in the city.
Mayor Grant closed the public hearing at 8:38 p.m.
10. NEW BUSINESS
A. Resolution 2019-027 Adopting and Confirming Quarterly Special Assessments
for Delinquent Utilities
Finance Director Bauman stated delinquent utility amounts are certified to Ramsey County
quarterly. A list of utility accounts with a delinquent balance was compiled and notices were
mailed. The City will request that Ramsey County levy the delinquent balances against the
respective properties.
MOTION: Councilmember McClung moved and Councilmember Holmes seconded a
motion to adopt Resolution #2019-027 — Adopting and Confirming Quarterly
Special Assessments for Delinquent Utilities. The motion carried (5-
B. Resolution 2019-028 Approving and Accelerated Abatement of Nuisance
Property at 1870 Glenpaul Avenue
Community Development Manager/City Planner Mrosla stated due to a complaint, staff
inspected 1870 Glenpaul Avenue on August 15, 2019. Staff noted excessive vegetation growth,
garbage, and the accumulation of tree branches, and determined 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
Community Development Manager/City Planner Mrosla indicated following the initial
inspection, staff sent a letter to the property owner requesting they correct the issues by August 22,
2019. A follow-up inspection on August 22, 2019 revealed the violations had not been corrected.
Staff reported 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 August 22, 2018. Based on the
accelerated abatement procedures, the property owner was given until August 30th to abate the
nuisance. A follow-up inspection on September 4th showed that no action has been taken.
Community Development Manager/City Planner Mrosla stated 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 September 23rd, 2021. The property owner has seven days from the Council's order to
complete the work before the City can have the work completed.
ARDEN HILLS CITY COUNCIL — SEPTEMBER 23, 2019
10
MOTION: Councilmember Holmes moved and Councilmember McClung seconded a
motion to adopt Resolution #2019-028 ordering accelerated nuisance
abatement at 1870 Glenpaul Avenue for excessive vegetation growth and
debris not in compliance with City reiulations. The motion carried (5-0).
C. Ordinance 2019-007 Amending Chapter 12, Sign Code, Sections 1210, 1230
and 1240 of the Arden Hills City Code and Authorize Publication of
Summary Ordinance
Community Development Manager/City Planner Mrosla stated Expedite The Diehl has
submitted an application for a sign code text amendment on behalf of McDonalds. The Applicant
is requesting a sign code text amendment that would allow for dynamic display menu board signs
at drive-through facilities. Over the last few years drive through facilities have move away from
the traditional changeable copy drive-through menu boards to dynamic displays. Dynamic display
signs are becoming the preferred method of internal and exterior menu boards. All of the existing
drive-through menu boards in the community consist of changeable paper copies and are backlit
by traditional bulbs. In the past staff has utilized free standing sign requirements or designated the
signs as incidental sign. An incidental sign is any sign that is generally not understandable or
readable from property other than where the sign is located, such as from adjacent property or a
public street. Upon review the majority of existing drive-through menu board signs were
approved as incidental signs and were not evaluated as they were located out of view. Staff
commented further on the request and reported the Planning Commission recommended approval
of the City Code Amendment.
MOTION: Councilmember McClung moved and Councilmember Holden seconded a
motion to recommend approval of Planning Case 19-008 for proposed
amendments to Chapter 12 — Si2n Code, adding a definition for Menu Board
Signs, and excluding dynamic displays menu boards from prohibit signs, and
adding Section 1240.04 Menu Board Signs requirements, as presented in the
September 4, 2019 Report to the Planning Commission, authorizing staff to
publish the Ordinance summary.
Councilmember Holmes asked if dynamic display menu board signs would be allowed at gas
stations.
Community Development Manager/City Planner Mrosla stated this would not be allowed. He
reported this Ordinance would mainly affect fast-food restaurants or coffee shops in Arden Hills.
The motion carried (5-0).
D. Set Preliminary Levy and Establish Truth -In -Taxation Public Hearing Date
for Proposed Taxes Payable in 2020 — Resolution 2019-029 — Preliminary Levy
— Resolution 2019-030 — TNT Publication Hearing Date
Finance Director Bauman stated State law requires that cities certify their proposed property tax
levies to the county auditor by September 30. The proposed tax levy that is given preliminary
approval may be lowered but cannot be increased. Therefore, it is important that the proposed tax
ARDEN HILLS CITY COUNCIL — SEPTEMBER 23, 2019 11
levy provides adequate revenues to finance the 2020 Budget. The City Council needs to decide
the maximum levy that it is willing to approve and then adopt the attached resolution. The final
levy will be set in December 2019.
Finance Director Bauman reported a budget workshop was held with the Council on August 19,
2019. Information provided at that workshop is attached. Staff was not directed to make any
changes to the proposed 2020 General Fund Budget at this time. There will be another budget
workshop in either October or November, prior to the final levy and budget adoption meeting in
December. She reviewed the proposed tax levy in comparison to other communities in Ramsey
County and noted Arden Hills was on the low end. Staff discussed how the proposed levy would
impact the median value homeowner and recommended approval.
Councilmember Holden questioned why the police contract with the Sheriff's Office and the
Fire Department's contract were slated to increase by so much.
Finance Director Bauman explained the police contract would be increasing by 7.7% due to the
addition of another investigator along with body worn cameras and an increase in the County
garage rate. She stated the fire contract was expected to increase by 8.2% due to an increase in
evening/weekend shifts in preparation of staffing a third station, along with an increase in
compensation and training costs.
Councilmember McClung reported the Fire Chief had also written into the budget proper
maintenance funds for fire equipment. In addition, he noted fire calls were going up by 5% each
year, which increased expenses. He noted the staffing model for the fire department was being
increased on evenings and weekends in preparation of manning a third fire station.
Mayor Grant explained the City of Arden Hills has always had a strong commitment to its
police, fire and public safety. He requested further comment on the City's tax rate.
Finance Director Bauman discussed the City's tax rate in further detail with the Council.
MOTION: Councilmember Holden moved and Councilmember Holmes seconded a
motion to adopt Resolution #2019-029 setting the Preliminary Levy at 5% for
Taxes Payable in 2020. The motion carried (5-0).
MOTION: Councilmember Holden moved and Councilmember Holmes seconded a
motion to adopt Resolution #2019-030 adopting Truth In Taxation Public
Hearing Date for Proposed Taxes Payable in 2020 as Monday, December 9,
2019. The motion carried (5-0).
11. UNFINISHED BUSINESS
None.
12. COUNCIL COMMENTS
ARDEN HILLS CITY COUNCIL — SEPTEMBER 23, 2019 12
Councilmember Scott stated on Saturday, September 14 he attended a family day at the 407th
Community Affairs Battalion in Arden Hills. He reported 200 soldiers and their families gathered
for this event.
Councilmember Scott reported on Friday, September 20 more than 800 soldiers from the 34th
Expeditionary Combat Aviation Brigade in St. Paul, the 147th Helicopter Assault Battalion in St.
Paul and the 834th Aviation Support Battalion in Arden Hills had a large deployment ceremony.
He noted 89% of the soldiers in these battalions were being deployed oversees.
Councilmember McClung commented the first week in October was fire prevention week. He
noted the Lake Johanna Fire Department would be holding an Open House at Fire Station 3 on
Saturday, October 5 from 11:00 a.m. to 2:00 p.m.
Councilmember Holmes stated she was concerned with the fact the Council was only holding
one meeting a month. She believed this agenda was overloaded. She supported the Council
holding two meetings a month.
Councilmember Holmes indicated she was dismayed by the Parks and Recreation numbers as
fees were not covering expenses. She reported the Council had to further address this matter.
Councilmember Holden asked why the City was charged for two speed limit signs in association
with the Highway 10 project.
Interim Public Works Director/City Engineer Blomstrom reported these signs were installed
along the frontage road.
Councilmember Holden questioned if the tennis courts could be crack sealed yet this year.
Interim Public Works Director/City Engineer Blomstrom stated he had been discussing this
project with the Public Works Superintendent to have this work programmed into his rotation.
Councilmember Holden indicated she did not want the City to be spending more money on a
lawsuit and perhaps the Council should consider suspending Public Comment altogether.
Mayor Grant stated he did not want to see one resident ruin Public Comment for all residents in
Arden Hills.
Mayor Grant commented he did a ride along with the Ramsey County Sheriff's Office last week.
Mayor Grant encouraged residents to contact City Councilmembers or himself with any
comments or concerns regarding an item in litigation. He reported the Council was not able to
make a comment regarding these matters but were always willing to listen.
Mayor Grant commented the October 14 Council meeting may be canceled given the fact only
three Councilmembers could be in attendance and there were no matters for the Council to
address except claims and payroll.
ARDEN HILLS CITY COUNCIL — SEPTEMBER 23, 2019
ADJOURN
13
MOTION: Councilmember Holden moved and Councilmember McClung seconded a
motion to adiourn. The motion carried unanimously (5-0).
Mayor Grant adjourned the Regular City Council Meeting at 9:19 p.m.
Julie Hanson
City Clerk
David Grant
Mayor
-fl I��EN_ HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Gayle Bauman, Finance Director
Pang Silseth, Accounting Analyst
SUBJECT:
Budgeted Amount: Actual Amount:
N/A N/A
Council Should Consider
A. Approve Claims and Payroll
or
B. Reject Claims and Payroll
CONSENT ITEM - 6A
Funding Source:
N/A
Background
Payroll is processed biweekly and accounts payable is processed weekly.
Budget Impact
NA
Attachments
2019 Payroll #21...................................................................... $ 83,553.86
Total Payroll $83,553.86
Paid Claims ---10/05/2019 through 10/25/2019
(Check Nos. 48821-48864 and ACH Checks) .................................... $ 646,824.04
Total Accounts Payable $646,824.04
Total Claims $730,377.90
CITY OF ARDEN HILLS
PAYROLL # 21
CHECKS DATED:
Biweekly:
10/18/19
09/28/19 - 10/11/19
EMPLOYEE DEDUCTIONS I
AMT. I
CITY BENEFIT
Payment Method
FIT 1
6,721.351
FSA Dependent Care Reimb.
EFT
SIT 1
3,110.801
UNUM
EFT
FICA Oasdi 1
4,338.451
4,338.45
EFT
FICA Medicare 1
1,014.621
1,014.62
EFT
TOTAL TAXES 1
15.185.221
5.353.07
Health Premium
1,620.16 0.00
Dental Premium
168.81 0.00
FSA Health Care Reimb.
0.00
FSA Dependent Care Reimb.
208.33
TOTAL FLEXIBLE SPENDING 1
1,997.301 0.00
HSA Health Saving
368.33 0.00
Health Care Savings Plan -Retirement
0.00
Health Care Savings Plan -2%
370.39
Health Care Savings Plan -4%
497.22
TOTAL HEALTH SAVINGS 1
1,235.941 0.00
PERA
4,258.73 4,913.90
ICMA
2,422.50 378.42
Central Pension Fund -Union
612.00
MN State Retirement System
504.56
TOTAL RETIREMENT
7,797.791 5,292.32
IUOE 49 Dues(Union)
140.00
LTD/STD Insurance
0.00
PERA Life Insurance
32.00
Life/Addl/Dep Life
76.55 0.00
Life/Addl
25.20
UNUM
19.51
AFLAC
53.18
TOTAL VOLUNTARY
1 346.441 0.00
Total Employee Deductions 26,562.69
Net Payroll
0.00
Direct Deposit
46,345.60
Gross Payroll Tie -Out
72,908.29
Plus City Paid Benefit
10,645.39
TOTAL PAYROLL COST
83,553.68JI
FICA TIE -OUT
Gross Payroll
72,908.29
Less Total FSA
1,997.30
Less Total H.S.A
1,235.94
Less Voluntary Ins
78.38
Plus ICMA Employer
378.42
Net P/R Subject to FICA
69,975.09
FICA Oasdi @6.20%
4,338.45
FICA Medicare @ 1.45%
1,014.62
VP Check"
VP Check"
VP Check*
VP Check*
EFT
EFT
EFT
EFT
EFT
A/P Check*
EFT
A/P Check"
A/P Check"
A/P Check"
A/P Check"
A/P Check'
EFT
EFT
Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax
Deposit Service. Transfers are typically made up to two days after the payroll date.
* A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report.
Checks may be paid this week or the following week.
Accounts Payable
Checks by Date - Detail by Check Date
User: pang.silseth
Printed: 10/23/2019 2:08 PM
r`
EN HiiLLs
Check No
Vendor No
Vendor Name Check Date
Check Amount
Invoice No
Description Reference
ACH
0225
Lillie Suburban Newspapers Inc. 10/11/2019
000173.1019
Delinquent UB
20.13
000173.1019
PC 19-014
28.75
000173.1019
Ordinance 2019-007
25.88
Total for this ACH Check for Vendor 0225:
74.76
ACH
0576
TimeSaver Off Site Secretarial Inc. 10/11/2019
M25080
CC Meeting 9/23
267.25
Total for this ACH Check for Vendor 0576:
267.25
ACH
10344
Joe Hartmann 10/11/2019
09302019
Mileage Reimbursement 9/25-9/27
173.42
Total for this ACH Check for Vendor 10344:
173.42
ACH
4889
Community Footworks 10/11/2019
10022019
Foot Clinic 10/2
322.40
Total for this ACH Check for Vendor 4889:
322.40
ACH
5587
CES Imaging Inc. 10/11/2019
INV 105962
Sept 2019 Rental
60.00
Total for this ACH Check for Vendor 5587:
60.00
48821
0778
MCFOA 10/11/2019
10042019
11/2/19 Training-Trauba & Hanson
20.00
Total for Check Number 48821:
20.00
48822
0327
Staples Business Advantage 10/11/2019
3424824987
Supplies
152.02
Total for Check Number 48822:
152.02
48823
AR -Twin
Twin Cities Sewer & Water, LLC 10/11/2019
ROW 2019-00909
Escrow Refund: ROW 2019-00909, 1520 Edgew
520.00
ROW 2019-910
Escrow Refund: ROW 2019-00910, 1520 Edgew
3,000.00
Total for Check Number 48823:
3,520.00
Total for 10/11/2019:
4,589.85
ACH
0192
Grainger, Inc 10/18/2019
9315323684
Supplies
15.53
9315323684
Supplies
70.56
AP Checks by Date - Detail by Check Date (10/23/2019 2:08 PM) Page 1
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for this ACH Check for Vendor 0192: 86.09
ACH 0234 Mac Queen Equipment Inc. 10/18/2019
P22726 Deflector 140.55
Total for this ACH Check for Vendor 0234: 140.55
ACH
0285
Xcel Energy 10/18/2019
655627694
8/14/19-9/15/19
255.84
655627694
8/14/19-9/15/19
1,499.74
655627694
8/14/19-9/15/19
1,407.95
655627694
8/14/19-9/15/19
1,230.72
655627694
8/14/19-9/15/19
50.54
655627694
8/14/19-9/15/19
2,043.89
655627694
8/14/19-9/15/19
246.23
Total for this ACH Check for Vendor 0285:
6,734.91
ACH
0292
Oxygen Service Company, Inc. 10/18/2019
03446794
September 2019 Rental
24.00
Total for this ACH Check for Vendor 0292:
24.00
ACH
0319
City of Roseville 10/18/2019
0226831
October IT Support
4,598.00
0226871
October Phone
407.00
Total for this ACH Check for Vendor 0319:
5,005.00
ACH
0320
Health Partners Inc. 10/18/2019
92242856
October Insurance
1,051.28
92851887
November Insurance
956.12
Total for this ACH Check for Vendor 0320:
2,007.40
ACH
0382
ICMA Retirement Trust - 106944 10/18/2019
PR 21
PR Batch 00200.10.2019 ICMA Employer Perce PR Batch 00200.10.2019 ICN
378.42
PR 21
PR Batch 00200.10.2019 ICMA Employee Percc PR Batch 00200.10.2019 ICN
327.96
Total for this ACH Check for Vendor 0382:
706.38
ACH
0387
ICMA Retirement Trust- #302482 10/18/2019
PR 21
PR Batch 00200.10.2019 ICMA Employee Dedu PR Batch 00200.10.2019 ICN
1,853.54
PR 21
PR Batch 00200.10.2019 ICMA Employee Percc PR Batch 00200.10.2019 ICN
241.00
Total for this ACH Check for Vendor 0387:
2,094.54
ACH
0469
Pember Companies, Inc. 10/18/2019
11190
Colleen Ave Storm Drain Improvement P 1
-6,792.99
11190
Colleen Ave Storm Drain Improvement P 1
135,859.55
Total for this ACH Check for Vendor 0469:
129,066.56
ACH
0940
Zee Medical Services Inc. 10/18/2019
54051488
First Aid Supplies
71.20
54051488
First Aid Supplies
224.80
Total for this ACH Check for Vendor 0940:
296.00
ACH
11107
Gayle Bauman 10/18/2019
10112019
Mileage Reimbursement 4/30-9/27
185.60
AP Checks by Date - Detail by Check Date (10/23/2019 2:08 PM) Page 2
Check No
Vendor No
Vendor Name
Check Date
Check Amount
Invoice No
Description
Reference
Total for this ACH Check for Vendor 11107:
185.60
ACH
1125
Bolton & Menk, Inc.
10/18/2019
0239385
Colleen Ave Drainage
5,137.00
Total for this ACH Check for Vendor 1125:
5,137.00
ACH
1330
MN CLN SERVICES Inc.
10/18/2019
1019NN03
Janitorial September
1,554.58
Total for this ACH Check for Vendor 1330:
1,554.58
ACH
6129
Fast Signs Inc.
10/18/2019
204-52370
Office Sign
36.84
Total for this ACH Check for Vendor 6129:
36.84
ACH
7025
On Site Companies -OSSTC Inc. 10/18/2019
0000828410
Restrooms 10/5-11/1
577.00
Total for this ACH Check for Vendor 7025:
577.00
ACH
7501
Kelly & Lemmons, P.A.
10/18/2019
51727
Prosecution-September
3,130.68
Total for this ACH Check for Vendor 7501:
3,130.68
ACH
ALPI
Allegra Print & Imaging Inc.
10/18/2019
159182
October Newsletter
1,288.70
159200
Letterhead
124.75
Total for this ACH Check for Vendor ALPI:
1,413.45
ACH
JOHC
Johnson Controls Inc.
10/18/2019
1-89792677136
Boiler Service
1,801.64
Total for this ACH Check for Vendor JOHC:
1,801.64
ACH
SILP
Pang Silseth
10/18/2019
10112019
Mileage Reimbursement 9/25-9/27
150.80
Total for this ACH Check for Vendor SILP:
150.80
48824
ADVS
Advantage Signs & Graphics, Inc 10/18/2019
00039531
Nature Trail Signs
182.24
Total for Check Number 48824:
182.24
48825
10200
Badger State Inspection LLC
10/18/2019
1000746
TMobile Antenna Upgrade PW 12-0029-003-05
2,200.00
Total for Check Number 48825:
2,200.00
48826
0131
Beisswenger's How-To Store
10/18/2019
233011
Supplies
44.99
Total for Check Number 48826:
44.99
48827
10346
Nels Berge
10/18/2019
10142019
Coach Waiver 19FYSL03 Peewees
66.00
AP Checks by Date - Detail by Check Date (10/23/2019 2:08 PM) Page 3
Check No
Vendor No
Invoice No
Vendor Name
Description
Check Date
Reference
Check Amount
10142019
Family Fun Bowling Night
64.00
Total for Check Number 48827:
66.00
48828
AR-Broa
Broadview Builders
10/18/2019
HR Green Inc. 10/18/2019
TempCO2018-0948
Escrow Refund: Temp CO 2018-00948,4535
La
5,250.00
130003
Engineering Services -September
Total for Check Number 48828:
5,250.00
48829
10201
Carmichael Decorating, Inc
10/18/2019
130004
Utility Monitoring -September
1985
Perry Park Pavilion
4,272.50
1,805.00
48837
0390
Total for Check Number 48829:
4,272.50
48830
10345
James Chresand
10/18/2019
10152019
AARP Driver Safety Refund
48838
25.00
Lee Homes 10/18/2019
Total for Check Number 48830:
25.00
48831
10244
Comcast Business Inc.
10/18/2019
2,587.33
89327397
October Service
486.97
Total for Check Number 48831:
486.97
48832
1032
Commercial Asphalt Co. Inc.
10/18/2019
190930
Asphalt Purchase 9/16-9/17
4,269.64
Total for Check Number 48832:
4,269.64
48833
0337
D -Rock Center Landscape Supply Inc.
10/18/2019
3112
Mulch Purchase 9/20 & 9/26
305.55
Total for Check Number 48833:
305.55
48834
0841
Ehlers & Associates, Inc.
10/18/2019
81700
2018 TIF Reporting
122.50
81700
2018 TIF Reporting
122.50
81701
TCAAP-September
1,407.50
Total for Check Number 48834: 1,652.50
48835
6200
Flaherty's Arden Bowl 10/18/2019
10142019
Family Fun Bowling Night
64.00
Total for Check Number 48835:
64.00
48836
10218
HR Green Inc. 10/18/2019
129985
SWPPP-September
87.50
130003
Engineering Services -September
398.75
130004
Utility Monitoring -September
659.37
130004
Utility Monitoring -September
659.38
Total for Check Number 48836:
1,805.00
48837
0390
INT'L Union Operating Engineers -Union D 10/18/2019
102019
October Dues
280.00
Total for Check Number 48837:
280.00
48838
AR -Lee
Lee Homes 10/18/2019
GE2017-00386
Escrow Refund: GE 2017-00386, 3278 Katie Lai
2,587.33
Total for Check Number 48838:
2,587.33
AP Checks by Date - Detail by Check Date (10/23/2019 2:08 PM) Page 4
Check No
Vendor No
Vendor Name
Check Date
Check Amount
1,030.80
Invoice No
Description
Reference
48845 0751
48839
10286
Minnesota Occupational Health
10/18/2019
1,092.00
374896
326189
Employment Drug Screen & Exam
374896
62.00
546.00
326189
Employment Drug Screen & Exam
546.00
126.00
Interim PW Dir - September
1,310.40
374896
Total for Check Number 48839:
188.00
48840
10271
MN PEIP
10/18/2019
Interim PW Dir - September
2,184.00
887288
November 2019 Insurance
2,184.00
8,509.60
2020 PMP -September
4,104.50
Page 5
Total for Check Number 48840:
8,509.60
48841
NSCC
North Suburban Communications Commis
10/18/2019
2019-519
Q3 2019 Contribution
6,116.16
Total for Check Number 48841:
6,116.16
48842
1208
Premium Waters, Inc
10/18/2019
610207-09-19
September 2019 Water
53.16
613317-09-19
September 2019 Water
108.23
Total for Check Number 48842:
161.39
48843
0811
Ramsey County
10/18/2019
FLEET -000509
Fuel -September 2019
3,192.98
PRRRV-001048
Q4 2019 Election
4,893.00
Total for Check Number 48843: 8,085.98
48844 6225
Sand Creek EAP LLC 10/18/2019
10/18/2019
SDC673-IN
Organization Development PW -September 2019
1,030.80
Total for Check Number 48844:
1,030.80
48845 0751
Short Elliott Hendrickson, Inc. 10/18/2019
74.18
374896
Interim PW Dir - September
1,092.00
374896
Interim PW Dir - September
327.60
374896
Interim PW Dir - September
546.00
374896
Interim PW Dir - September
546.00
374896
Interim PW Dir - September
1,310.40
374896
Interim PW Dir - September
2,184.00
374896
Interim PW Dir - September
546.00
374896
Interim PW Dir - September
2,184.00
374896
Interim PW Dir - September
2,184.00
374898
2020 PMP -September
4,104.50
Total for Check Number 48845: 15,024.50
48846 0327
Staples Business Advantage
10/18/2019
3426003386
Supplies
7.69
3426003389
Supplies
74.18
3426003389
Supplies
40.67
Total for Check Number 48846:
122.54
48847 10212
The Osseo Construction Co., Inc
10/18/2019
3608-000P9
Water Tower Rehab Payment #9
10,000.00
Total for Check Number 48847:
10,000.00
48848 6555
TKDA Inc.
10/18/2019
002019003945
TH 10 Watermain September 2019
708.24
AP Checks by Date - Detail by Check Date (10/23/2019 2:08 PM)
Page 5
Check No
Vendor No
Vendor Name
Check Date
Check Amount
Invoice No
Description
Reference
Total for Check Number 48848:
708.24
48849
0925
T -Mobile
10/18/2019
841463567.0919
September Service
28.70
Total for Check Number 48849:
28.70
48850
9755
Verizon Connect
10/18/2019
OSV000001889497
September Service
234.98
Total for Check Number 48850:
234.98
Total for 10/18/2019:
233,851.63
ACH
0022
Thomas Mikacevich
10/25/2019
10212019
Mileage Reimbursement 10/18/19
110.20
10222019
Clothing Allowance Reimbursement
8.37
Total for this ACH Check for Vendor 0022:
118.57
ACH
0192
Grainger, Inc
10/25/2019
9326302644
Batteries
421.40
Total for this ACH Check for Vendor 0192:
421.40
ACH
0210
Kath Fuel Oil Service
10/25/2019
667128
oil
190.00
Total for this ACH Check for Vendor 0210:
190.00
ACH
0243
Metropolitan Council -Waste Water 10/25/2019
0001101440
November 2019 Wastewater
63,477.00
Total for this ACH Check for Vendor 0243:
63,477.00
ACH
0319
City of Roseville
10/25/2019
0226964
3rd Qtr Water Bill
290,412.19
0227035
Milestone VMS
709.00
0227044
Facility Wi-FI
279.00
Total for this ACH Check for Vendor 0319:
291,400.19
ACH
0381
ICMA Retirement Corporation
10/25/2019
43269
Q4 2019 Annual Plan Fee
250.00
Total for this ACH Check for Vendor 0381:
250.00
ACH
0750
Verizon Wireless
10/25/2019
9839866359
Service 10/11-11/10
1,190.92
Total for this ACH Check for Vendor 0750:
1,190.92
ACH
0761
Electric Pump, Inc
10/25/2019
0066620 -IN
Valve Repair Kits
1,567.19
Total for this ACH Check for Vendor 0761:
1,567.19
ACH
0922
North Suburban Access Corporation 10/25/2019
2019-171
September 2019 Services
604.00
AP Checks by Date - Detail by Check Date (10/23/2019 2:08 PM) Page 6
Check No
Vendor No
Vendor Name
Check Date
Check Amount
Invoice No
Description
Reference
Total for this ACH Check for Vendor 0922:
604.00
ACH
1252
Campbell Knutson - Attorneys
at Law 10/25/2019
3231G-0919
September Legal Services
201.50
3231G-0919
September Legal Services
31.00
3231G-0919
September Legal Services
1,782.50
3231G-0919
September Legal Services
62.00
3231G-0919
September Legal Services
2,001.60
Total for this ACH Check for Vendor 1252:
4,078.60
ACH
1785
EcoEnvelopes LLC
10/25/2019
1801
October 2019 UB Billing
390.28
1801
October 2019 UB Billing
390.27
1801
October 2019 UB Billing
390.28
Total for this ACH Check for Vendor 1785:
1,170.83
ACH
2490
Core & Main, LP
10/25/2019
L342094
Hydrants
1,100.00
Total for this ACH Check for Vendor 2490:
1,100.00
ACH
5592
NovaCare Rehabilitation
10/25/2019
843661659
Employment Physical
110.00
Total for this ACH Check for Vendor 5592:
110.00
ACH
8032
Pace Analytical Field Svc Inc.
10/25/2019
1219-2429
Drinking Water -September 2019
799.25
Total for this ACH Check for Vendor 8032:
799.25
ACH
CANON
Canon Financial Services Inc.
10/25/2019
20622232
November 2019 Copier
214.42
20622232
November 2019 Copier
1,215.08
Total for this ACH Check for Vendor CANON:
1,429.50
ACH
ZARN
Zamoth Brush Works, Inc
10/25/2019
0177397 -IN
Brooms
804.00
Total for this ACH Check for Vendor ZARN:
804.00
48851
4050
Advanced Engineering and Enivornmental I 10/25/2019
65252
Water System Model 8/31-10/4
7,094.75
Total for Check Number 48851:
7,094.75
48852
5593
American Legal Publishing Corp. 10/25/2019
0130776
Supplement Pages
22.50
Total for Check Number 48852:
22.50
48853
AMPU
APWA
10/25/2019
859570-2020
2020 Membership -D. Swearingen
252.50
Total for Check Number 48853:
252.50
48854
ASTL
Astleford International
10/25/2019
C320492
Vehicle #85115 Repair
3,837.38
AP Checks by Date - Detail by Check Date (10/23/2019 2:08 PM) Page 7
Check No
Vendor No
Vendor Name
Check Date
Check Amount
Invoice No
Description
Reference
Total for Check Number 48854:
3,837.38
48855
0131
Beisswenger's How -To Store
10/25/2019
235548
Supplies
16.98
236108
Supplies
11.57
Total for Check Number 48855:
28.55
48856
1033
Comcast
10/25/2019
44271.1119
Service 10/21-11/20
6.30
Total for Check Number 48856:
6.30
48857
1081
Copperhead Innovations LLC
10/25/2019
11929
ferromagnetic locator
332.81
11929
ferromagnetic locator
332.81
11929
ferromagnetic locator
332.81
Total for Check Number 48857:
998.43
48858
1193
Further Inc.
10/25/2019
1412309
October Participant Fee
55.65
Total for Check Number 48858:
55.65
48859
10218
HR Green Inc.
10/25/2019
130143
Hamline Ave Ped Crosswalk -September 2019
1,002.50
Total for Check Number 48859:
1,002.50
48860
8034
Municipals
10/25/2019
10172019
Fall Business Meeting-J.Horak
39.00
10172019
Fall Business Meeting-M.Tomnitz
39.00
Total for Check Number 48860:
78.00
48861
0155
Office of MN IT Services
10/25/2019
W19090586
September 2019 Phone
736.14
Total for Check Number 48861:
736.14
48862
0811
Ramsey County
10/25/2019
EMCOM-007970
Fleet Support 09/19
24.96
EMCOM-008006
Dispatch 09/19
3,552.56
EMCOM-008023
CAD Services 09/19
728.15
FLEET -000513
September 2019 Service & Parts
2,684.00
FLEET -000513
September 2019 Service & Parts
2,301.14
PRK-001662
Q3 2019 Conservation Inspections
3,982.75
Total for Check Number 48862:
13,273.56
48863
6748
Reliance Standard
10/25/2019
GL154938.1119
November 2019 Insurance
1,500.65
Total for Check Number 48863:
1,500.65
48864
3099
Tri-State Bobcat, Inc. -Little Canada
10/25/2019
526205
2019 Bobcat Snowblower
4,151.70
526205
2019 Bobcat Stump Grinder
6,632.50
Total for Check Number 48864: 10,784.20
AP Checks by Date - Detail by Check Date (10/23/2019 2:08 PM) Page 8
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for 10/25/2019: 408,382.56
Report Total (84 checks): 646,824.04
AP Checks by Date - Detail by Check Date (10/23/2019 2:08 PM) Page 9
-ADEN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Gayle Bauman, Finance Director
SUBJECT: 2019 3rd Quarter Financials
Budgeted Amount: Actual Amount
N/A N/A
Council Should Consider
CONSENT ITEM — 6B
Funding Source:
N/A
Quarterly, city staff provides the City Council with a budget to actual update. Please find the
attached General Fund, City -Wide Funds, and Investment Portfolio updates for review. The
Council may choose to accept the reports as is or provide further direction.
Background
Investments - per the Investment Policy, our Benchmark Rate is the 4M plus Rate. At September
30, 2019 — this rate was 1.91% and our portfolio is averaging 2.39%. All of our investments are
in government secured or government backed deposits. Utility billing cycles and CIP projects
are taken into account when determining how much to invest and for how long.
Basis of accounting — during the year, City books are kept on a cash basis which means that only
items that are received are booked as revenue and items paid are booked as expenses.
Adjustments for accruals, deferrals and other accounting requirements are made at year end.
General Fund — The main source of revenue for the City is property taxes and these come in
twice a year. Expenditures are at 67.5% of budget through the second quarter.
Other governmental funds, enterprise funds and internal service funds — Utility revenue for third
quarter will be booked in October 2019 and annual transfers between funds will be booked later
in the year. The allocation for insurance (Risk Management Fund) was completed in June.
Page 1 of 2
Discussion
City Staff respectfully request the City Council review the quarterly updates for further
discussion.
Budget Impact
None.
Attachment
Attachment A: Investment Portfolio Analysis
Attachment B: General Fund Revenues and Expenditures Summary
Attachment C: Other City Funds Revenues and Expenditures Summary
Page 2 of 2
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ATTACHMENT B
CITY OF ARDEN HILLS
STATEMENT OF REVENUES AND EXPENDITURES
GENERAL FUND
FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2019
Licenses & permits - mechanical permit revenue is $118,750 more than budgeted and building permits
is $37,450 more.
1/3 of the investment earnings are from market value adjustments. The City recognized a loss in market
value during 2018.
Mayor & Council - annual dues payments are paid during the first quarter each year.
Fire - contract payment for entire year.
Finance - bank service charges are allocated to other funds in December each year.
YTD
YTD
Annual
Through
% of
Budget
9/30/2019
Budget
REVENUES
Taxes
$ 3,919,750
$ 2,099,530
53.6%
Licenses and permits
443,020
635,909
143.5%
Intergovernmental
153,220
100,555
65.6%
Charges for services
615,100
397,481
64.6%
Fines and forfeits
30,420
14,246
46.8%
Special assessments
1,220
33
2.7%
Investment earnings
47,230
94,409
199.9%
Miscellaneous
14,460
4,710
32.6%
TOTAL REVENUES
5,224,420
3,346,871
64.06%
EXPENDITURES
Mayor & Council
68,760
58,525
85.1%
Administration
326,810
229,573
70.2%
Elections
23,000
18,371
79.9%
Finance
181,740
150,028
82.6%
TCAAP
171,190
53,503
31.3%
Planning & Zoning
217,320
146,723
67.5%
Government Buildings
202,810
122,948
60.6%
Public Safety
1,265,150
871,442
68.9%
Dispatch
68,500
34,246
50.0%
Fire Protection
573,680
573,680
100.0%
Emergency Management
3,910
3,984
101.9%
Protective Inspections
516,620
285,889
55.3%
Street Maintenance
719,300
476,528
66.2%
Recreation
340,540
215,335
63.2%
Park Maintenance
517,970
267,829
51.7%
TOTAL EXPENDITURES
5,197,300
3,508,602
67.51%
EXCESS REVENUES (EXPENDITURES)
27,120
(161,731)
-596.4%
OTHER FINANCING SOURCES (USES)
EDA Fund transfers
(120,000)
-
0.0%
Equipment Fund transfers
(50,000)
-
0.0%
Public Safety Capital Fund transfers
(50,000)
0.0%
PIR Fund transfers
(500,000)
(300,000)
60.0%
TOTAL OTHER FINANCING SOURCES (USES)
(720,000)
(300,000)
41.67%
NET CHANGE IN FUND BALANCE
$ (692,880)
$ (461,731)
66.64%
Licenses & permits - mechanical permit revenue is $118,750 more than budgeted and building permits
is $37,450 more.
1/3 of the investment earnings are from market value adjustments. The City recognized a loss in market
value during 2018.
Mayor & Council - annual dues payments are paid during the first quarter each year.
Fire - contract payment for entire year.
Finance - bank service charges are allocated to other funds in December each year.
ATTACHMENT C
CITY OF ARDEN HILLS
OTHER GOVERNMENTAL FUNDS BUDGET SUMMARY
FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2019
EDA, Equipment and Public Safety Capital Fund revenues consist mainly of transfers in from other funds which
will be completed later this year.
The PIR fund revenue includes special assessment prepay ($484,830), Bethel trail contribution ($100,000),
MSA street construction aid ($270,723) and a transfer from the General Fund ($300,000).
NET
FUND
REVENUES
EXPENDITURES
CHANGE
Cable TV
Budget
108,000
216,940
(108,940)
Actual
55,094
147,612
(92,518)
% of Budget
51.0%
68.0%
EDA General
Budget
123,500
130,280
(6,780)
Actual
13,960
40,341
(26,381)
% of Budget
11.3%
31.0%
EDA Revolving
Budget
-
-
-
Actual
-
-
-
% of Budget
N/A
N/A
TIF 3 Cottage Villas
Budget
104,530
2,000
102,530
Actual
73,875
911
72,964
% of Budget
70.7%
45.6%
TIF 4 Pres Homes
Budget
255,400
192,630
62,770
Actual
144,015
107,190
36,825
% of Budget
56.4%
55.6%
Equipment Bldg & Replacement
Budget
360,000
525,000
(165,000)
Actual
27,390
293,214
(265,824)
% of Budget
7.6%
55.9%
Park
Budget
-
-
-
Actual
650
125
525
% of Budget
N/A
N/A
PIR
Budget
1,283,670
810,000
473,670
Actual
1,433,931
413,613
1,020,318
% of Budget
111.7%
51.1%
Public Safety Capital Equipment
Budget
74,000
73,450
550
Actual
25,423
16,879
8,545
% of Budget
34.4%
23.0%
TCAAP
Budget
-
15,000
(15,000)
Actual
-
25,207
(25,207)
% of Budget
N/A
168.0%
EDA, Equipment and Public Safety Capital Fund revenues consist mainly of transfers in from other funds which
will be completed later this year.
The PIR fund revenue includes special assessment prepay ($484,830), Bethel trail contribution ($100,000),
MSA street construction aid ($270,723) and a transfer from the General Fund ($300,000).
CITY OF ARDEN HILLS
ENTERPRISE AND INTERNAL SERVICES FUNDS BUDGET SUMMARY
FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2019
Utility revenue for 3rd quarter will not be booked until October.
Depreciation for Water, Sewer and Surface Water is not booked until December.
NET
FUND
REVENUES
EXPENDITURES
CHANGE
Water
Budget
2,384,550
2,796,020
(411,470)
Actual
1,224,597
1,172,468
52,129
% of Budget
51.4%
41.9%
Sanitary Sewer
Budget
1,973,450
2,145,950
(172,500)
Actual
1,098,139
1,168,672
(70,533)
% of Budget
55.6%
54.5%
Recycling
Budget
158,280
173,030
(14,750)
Actual
74,362
98,509
(24,147)
% of Budget
47.0%
56.9%
Surface Water Management
Budget
863,570
879,960
(16,390)
Actual
431,027
288,568
142,459
% of Budget
49.9%
32.8%
Risk Management
Budget
-
33,730
(33,730)
Actual
159,931
136,810
23,121
% of Budget
N/A
405.6%
Engineering
Budget
58,420
58,420
-
Actual
25,627
25,627
-
% of Budget
43.9%
43.9%
Central Garage
Budget
266,150
266,150
-
Actual
128,744
128,744
-
% of Budget
48.4%
48.4%
Technology
Budget
220,610
219,010
1,600
Actual
166,943
165,620
1,323
% of Budget
75.7%
75.6%
Utility revenue for 3rd quarter will not be booked until October.
Depreciation for Water, Sewer and Surface Water is not booked until December.
CITY OF ARDEN HILLS, MINNESOTA
STATEMENT OF REVENUES AND EXPENSES
BUDGET AND ACTUAL
FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2019
WATER FUND
REVENUES
User charges
Connection charges
Other
Interest earnings
TOTALREVENUES
EXPENSES
Personnel expenses
Supplies and materials
Other services and charges
Water purchases
Depreciation
Capital expenses
Debt service
TOTAL EXPENSES
Bond Proceeds
Transfers out
EXCESS (DEFICIT) REVENUES OVER EXPENSES
Percent
Received or
Expended
Actual Actual Variance - Based on
Annual Thru Thru Favorable Actuals Thru
Budget 09/30/18 09/30/19 (Unfavorable) 09/30/19
$ 2,321,570
$ 1,005,993
$ 1,050,392
$ 44,399
104.4 %
5,250
41,265
123,215
81,950
298.6
51,240
34,915
26,879
(8,036)
77.0
6,490
4,867
24,111
19,244
495.4
2,384,550
1,087,039
1,224,597
137,557
112.7
$1.00
355,770
209,525
209,067
458
99.8
35,500
35,040
20,867
14,173
59.6
303,220
310,100
222,951
87,149
71.9
1,100,000
443,762
423,614
20,148
95.5
260,020
-
-
-
N/A
562,500
1,591,109
214,375
1,376,735
13.5
79,010
45,290
81,594
(36,303)
180.2
2,696,020
2,634,827
1,172,468
1,462,359
44.5
N/A
100,000
$ (411,470) $ (1,547,788) $ 52,129 $ 1,599,917 -3.4%
Water Sales Comparison
$2.50
0
$2.00
$1.50
$1.00
$0.50
S
-
Q1
Q2
Q3 Q4
416,128.77
941,357.49 2,060,640.34
P--2017
2018
-
415,073.60
1,005,992.59 2,209,965.77
2019
825.53
480,247.98
1,050,391.99
CITY OF ARDEN HILLS, MINNESOTA
STATEMENT OF REVENUES AND EXPENSES
BUDGET AND ACTUAL
FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2019
SEWER FUND
REVENUES
User charges
Connection charges
Other
Interest earnings
TOTALREVENUES
EXPENSES
Personnel expenses
Supplies and materials
Other services and charges
Wastewater charges
Depreciation
Capital expenses
Debt service
TOTAL EXPENSES
Bond Proceeds
Transfers out
EXCESS (DEFICIT) REVENUES OVER EXPENSES
Percent
Received or
Expended
Actual Actual Variance - Based on
Annual Thru Thru Favorable Actuals Thru
Budget 09/30/18 09/30/19 (Unfavorable) 09/30/19
$ 1,960,130
$ 866,394
$ 947,285 $
80,892
109.3 %
5,250
40,425
74,265
33,840
183.7
8,070
4,301
68,746
64,445
1598.5
-
569
7,843
7,275
1379.0
1,973,450
911,688
1,098,139
186,451
120.5
$1.20
427,470
245,838
265,290
(19,452)
107.9
7,700
12,132
9,196
2,936
75.8
322,810
149,821
177,211
(27,390)
118.3
761,720
657,928
634,770
23,158
96.5
175,460
-
-
-
N/A
312,500
241,142
69,513
171,629
28.8
12,290
7,043
12,692
(5,650)
180.2
2,019,950
1,313,903
1,168,672
145,231
88.9
N/A
126,000
$ (172,500) $ (402,215) $ (70,533) $ 331,682 17.5 %
Sewer Sales Comparison
$2.00
0
$1.80
$1.60
$1.40
$1.20
$1.00
$0.80
$0.60
$0.40
$0.20
$-
Q1
Q2
Q3 Q4
-
422,738.43
853,332.28 1,717,655.93
P--2017
2018
1,159.61
425,076.18
866,393.58 1,762,274.59
2019
1,324.73
466,397.81
947,285.11
CITY OF ARDEN HILLS, MINNESOTA
STATEMENT OF REVENUES AND EXPENSES
BUDGET AND ACTUAL
FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2019
SURFACE WATER MANAGEMENT FUND
Percent
Received or
Expended
Actual Actual Variance - Based on
Annual Thru Thru Favorable Actuals Thru
Budget 09/30/18 09/30/19 (Unfavorable) 09/30/19
REVENUES
$900
Surface Water Fees
Comparison
c
User charges
$ 859,970 $
418,488 $
424,767 $
6,279
101.5 %
Other
200
36
156
120
431.7
Interest earnings
3,400
2,552
6,103
3,552
239.2
TOTAL REVENUES
863,570
421,076
431,027
9,950
102.4
EXPENSES
Personnel expenses
252,160
148,559
148,378
180
99.9
Supplies and materials
5,000
6,104
6,795
(691)
111.3
Other services and charges
240,630
99,674
118,701
(19,027)
119.1
Depreciation
108,170
-
-
-
N/A
Capital expenses
200,000
417,341
14,694
402,647
3.5
TOTAL EXPENSES
805,960
671,677
288,568
383,109
43.0
Transfers out
74,000
-
-
-
N/A
EXCESS (DEFICIT) REVENUES OVER EXPENSES
$ (16,390) $
(250,601) $
142,459 $
393,060
-56.8 %
$900
Surface Water Fees
Comparison
c
$800
0
L
~
$700
$600
$500
$400
$300
$200
$100
Q1
Q2
Q3 Q4
-2017
208,529.17
409,566.08 834,764.87
-2018
207,954.55
418,488.47 838,927.49
-2019
247.23
212,250.84
424,767.12
, AZEN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: Personnel Policy Updates
Budgeted Amount: Estimated Amount:
N/A
Council Should Consider
N/A
CONSENT ITEM — 6C
Funding Source:
N/A
The Council should consider approving the updates to the Personnel Policy.
Backl4round
The City's Personnel Policy underwent major revisions in 2015, and was further amended in
2016. Since then, minor changes in the Personnel Policy have been identified as needing an
update. The City Attorney and Personnel Committee have reviewed the updated policy, and any
suggested or additional changes have been included. The intent of this update is generally
administrative and does not represent any significant changes in policy from the previous
document; for example, the title of "Director of Finance and Administrative Services" has been
changed to the "City Administrator, or their designee,", this provides more flexibility for the
administration of the Personnel Policy as staff and/or departments change. However, a small
number of actual policy changes are being proposed, too. Any change to the actual policy and
the accompanying rationale are listed below, while any simple administrative changes to the
policy can be found in the red -lined version of the policy (see Attachment A).
Note, page numbers below correspond to the red -line version of the draft Personnel Policy,
numbers and formatting may change slightly based on the two versions provided. The table of
contents provided on the clean version can serve as a general guide for sections in the red -line,
but due to the formatting and spacing issues in the red -line version, page numbers will not line
up exactly. Lastly, in the red -line version, some edits may be in different colors (i.e. blue), there
is not a difference in the color of the edits, that just represents different users making changes to
the document.
Drug Testing
Current Language (page 20):
Every job applicant offered employment with the city receives the offer conditioned upon
successful completion of a drug test... Temporary and seasonal employees are also subject to this
policy.
Proposed Language:
Full-time and temporary/seasonal employees in safety sensitive positions as determined by the
City Administrator will be subject to drug testing upon receiving a conditional job offer.
This change will better reflect current practice. Historically, the City has only drug tested the
Public Works employees as they are required to hold a Commercial Driver's License as part of
their job and the Public Works seasonal employees; other full-time and seasonal employees have
not been subject to testing. While the City could test full-time employees, it would be
logistically difficult to also test recreational seasonal employees as they begin and terminate
employment with the City sporadically.
An updated Commercial Driver License Drug and Alcohol Testing Policy is also being proposed
(see Attachment Q. This policy is based on the League of Minnesota Cities model policy and
ensures the City meets all local, state, and federal guidelines.
Hands Free Driving
Current Language (page 30):
The City expects all employees who are required to drive as part of their job to drive safely and
legally when on City business and to maintain a good driving record.
Proposed Language:
The City expects all employees who are required to drive as part of their job to drive safely and
legally when on City business and to maintain a good driving record. This includes, but is not
limited to, the below rules regarding cell phone usage and driving:
-Reading/sending text messages, making or receiving phone calls, emailing, video
calling, scrolling/typing, accessing a webpage, or using non -navigation applications
while driving is strictly prohibited.
-In accordance with State law, there is an exception to hands free cell phone operations
to obtain emergency assistance to report a traffic accident, medical emergency or serious
traffic hazard or prevent a crime from being committed. There is also a State law
exception for authorized emergency vehicles while in the performance of official duties.
-Employees who are charged with traffic violations resulting from the use of their phone
while driving will be solely responsible for all liabilities that result from such actions.
-Any incidents of violation of the hands-free law witnessed by other staff or
Councilmembers will be recorded in the employee's personnel file and the employee may
be subject to discipline up to and including termination.
The additional language helps to clarify what is expected of City employees and the
consequences for those employees that violate the City's driving policy.
Short- and Long -Term Disability
Current Language (page 59):
STD benefits, if available, will run concurrently with unpaid FMLA leave so that an employee
will receive STD benefits while taking up to 12 weeks of FMLA leave.
Proposed Language:
STD benefits, if available, will run concurrently with unpaid FMLA leave so that an employee
will receive STD benefits while taking up to 12 weeks of FMLA leave. An employee may (but is
not required to) use accrued PTO to make up the difference in pay between STD or LTD benefits
and their normal pay; however, at no point can the combination of benefits paid and PTO taken
exceed an employee's normal pay (this is subject to the City's current disability plan and
changes in the plan may supersede this policy).
This updated language will clarify how any short- and/or long- term disability payments will
made in conjunction with any accrued PTO.
City Branded Clothing
Current Language (page 29): This language is not new, and was previously adopted by the
Council to be incorporated into the Personnel Policy, this change represents it being written into
the Personnel Policy.
Budget Impact
N/A
Attachment
Attachment A: Red Lined Personnel Policy — Updated
Attachment B: Clean Version Personnel Policy — Updated
Attachment C: Commercial Drivers License Drug and Alcohol Testing Policy
Attachment A
City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
STATEMENT OF POLICY
The policies contained in this handbook should not be construed as contract terms for City
Employees. Nothing in this handbook, or in other City policies which may be
communicated to the employee, constitutes a contract of employment for any city
employee.
Any term and condition of employment shall remain solely within the discretion of the
City to modify, establish, or eliminate. The City of Arden Hills retains the full and
unrestricted right to operate and manage all personnel, facilities, and equipment; to
establish functions and programs; to set and amend budgets; to determine the utilization
of technology; to establish and modify the organizational structure; to select, direct, and
determine the number of personnel; to establish work schedules, and to perform any
inherent managerial function not specifically limited by current collective bargaining
agreements, these regulations, and City Council resolutions. These policies supersede all
previous personnel policies. Nothing in these policies is intended to modify or supersede
any applicable provision of State of Federal law.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
DEFINITIONS
Anniversary Date- Benefits Shall mean the month and day of initial hiring of a
Full-time or Temporary employee.
Anniversary Date — Promotions Shall mean the month and day of a promotion
of a Full-time or Temporary employee.
Benefits Benefits shall mean indirect compensation granted
to employees.
Benefit Earning Employees Employees who are eligible for at least a pro -rated
portion of city -provided benefits. Such employees
must be year-round employees who work at least
20 hours per week on a regular basis. Except as
otherwise required by law, temporary and seasonal
employees are not benefit earning employees.
Benefit Year for PTO March 1 — February 28.
Certified Bargaining Unit Group of employees who have been determined
by the State to have a common interest in the
collective bargaining process and whose interest
has been determined as appropriate by the State.
Class A position or group of positions similar in respect
to their duties and responsibilities so that the same
title can reasonably be used and the same salary
schedule may be applied to the position.
Compensatory Time Time off from work for employees not exempt
from the provisions of the Fair Labor Standards
Act. Compensatory time shall be computed at one
and one-half times the number of overtime hours
worked.
Demotion The placement of an employee in a position
having a lower pay and/or less responsibility than
the position previously held. This could involve a
reduction in salary due to incompetency,
inefficiency, or misconduct.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
Exempt Employee An employee who is exempt from the overtime
provisions of the Fair Labor Standards Act.
Flex -Time Time off from work for exempt employees.
May only be used in increments of 9 -hours or less,
no consecutive days, maximum accrual of 80
hours.
Grievance A dispute or disagreement regarding the
interpretation or application of the specific terms
and conditions of a labor agreement or City policy.
Immediate Family The employee's spouse, legal guardian, as well as
children, siblings, parents, in-laws, grandparents,
aunt, uncle, niece, and nephew by blood, marriage
or adoption.
Lay -Off The temporary dismissal from employment of an
employee for an unspecified length of time.
During a period of lay-off, employees do not
accrue benefits and are not credited with service.
Municipal Service Employed by the City.
Non -Exempt Employee An employee who is not exempt from the
overtime provisions of the Fair Labor Standards
Act.
Overtime Duties performed at the express authorization of
the Employer in excess of the 40 hours per work
week.
Personal Time Off Personal Time Off (PTO) is authorized paid
absence from duty.
Position Employment calling for the performance of
specified tasks which constitute the total work
assignment of a single employee.
Promotion The placement of an employee in a position
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
having a higher pay range and/or more
responsibility than the position previously held.
Full-time Employee Means an employee rwho has successfully
completed the required training period and is
scheduled for that number of hours which make
up the regularly scheduled weekly or monthly
period of service in the class.
Part-time Employee Any employee that works less than 40 hours per
week.
Seasonal Employee Employees who work only part of the year (100
days or less) to conduct seasonal work. Seasonal
employee may be assigned to work a full-time or
part-time schedule. Seasonal employees do not
earn benefits or credit for seniority. In order to
comply with health care reform law while avoiding
penalties, part-time employees will be scheduled
with business needs and in a manner that ensures
positions retain part-time status as intended or, in
some rare instances, may be offered health
insurance to comply with federal health care
reform laws and regulations while avoiding
associated penalties.
Service Credit The specified period of time required for an
employee to be eligible for benefits.
Temporary Employee Employees who work in temporary positions.
Temporary jobs might have a defined start and
end date or may be for the duration of a specific
project. Temporary employees may be assigned to
work a full-time or part-time schedule. Temporary
employees do not earn benefits or credit for
seniority. In order to comply with health care
reform law while avoiding penalties, part-time
employees will be scheduled with business needs
and in a manner that ensures positions retain part-
time status as intended or, in some rare instances,
may be offered health insurance.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
Termination The separation of an employee from the municipal
service as a result of discharge, resignation,
retirement, or death.
Training Period A six-month period at the start of employment
with the city (or at the beginning of a promotion,
reassignment, or transfer) that is designated as a
period within which to learn the job. The training
period may be extended by the City at the City's
option. The training period is the last part of the
selection process.
Transfer The position within the same class as the position
previously held. A transfer does not result in a
change in pay range.
Weapons Weapons are defined to include all legal or illegal
firearms, switchblade knives, or any other object
that has been modified to serve as a weapon or
that has the primary purpose of serving as a
weapon.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
PURPOSE AND APPLICATION
The purpose of this policy is to establish a uniform and equitable system of municipal
personnel administration for employees of the City.
The provisions of this policy shall apply to employees of the City. Except where specifically
authorized, the policies shall not apply to:
All elected officials.
Temporary employees other than benefit earning employees, and interns.
Consultants and other rendering professional services on a fee basis.
Volunteer personnel and personnel appointed to serve without pay, including
members of boards, commissions and committees.
Emergency appointees serving with or without pay.
Seasonal employees.
Specialized instructors.
Referees and coaches.
If any specific provisions of the personnel policies conflict with any current union
agreement or civil service rules, the union agreement or civil service rules will prevail.
Union employees are encouraged to consult their collective bargaining agreement first for
information about their employment conditions. Nothing in these policies is intended to
modify or supersede any applicable provision of state or federal law.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` I�DLN HILLS Amended December 19, October 28 2019
EQUAL EMPLOYMENT OPPORTUNITY
It is the policy and intent of the City of Arden Hills to provide equality of opportunity in
employment to all persons. The policy prohibits discrimination because of race, color,
creed, religion, national origin, sex, sexual orientation, disability, age, marital status,
ancestry, genetic information, veteran status, familial status, membership in a local human
rights commission, or status with regard to public assistance or any other characteristic
protected by law.
The EEO policy applies to all phases of full, part-time, temporary and seasonal
employment, unless otherwise stated, but not limited to, recruitment, hiring, rates of pay,
or other forms of compensation and selection for training. This policy also applies to the
use of all facilities and participation in all City -sponsored employee activities.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
EMPLOYEE RECORDS
Employee records are maintained in the Difeetefof ° a... ieistfa five Se fv eesC�
Administrator' -s -_Office. Laws regarding data privacy, as adopted in the Data Practices
Policy found in the Addendum, are strictly followed.
It is important that your permanent personnel records are kept accurate and up-to-date.
You must immediately notify the City Clerk or the Deet f of ° d... mist 've Setv4ee-rC
Administrator- when there is a change in any of the following:
-Name (through marriage or otherwise)
-Address
-Marital status
-Beneficiaries for life insurance and retirement
-Telephone number
-Person to contact in case of an emergency
This data is private and is not revealed without your permission.
NEWS RELEASES
Formal news releases concerning municipal affairs are the responsibility of the City
Administrator. All media interviews must be approved by the City Administrator before
the interview. All contacts with the media should be reported to the City Administrator as
soon as practicable.
No City employee is authorized to speak on behalf of the City without prior authorization
from the City Administrator or his/her designee.
All news releases concerning City personnel will be the responsibility of the City
Administrator.
For more information, see General Guidelines for all Communications (Official and
Person).
City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` I�DLN HILLS Amended December 19, October 28 2019
PERSONNEL RECORDS AND FORMS
In order that proper reports may be made and records maintained concerning the various
personnel activities, the Difeete - of ° a.....:.. istr-ative Se fyieesCij�, Administrator, or their
designee, shall develop, or cause to have developed and installed, appropriate forms and
records for this purpose. The City Clerk the Direete4 of ° dffii ,.,.y ,.tree Sefy:. RC4
Administrator, or their designee, shall have responsibility for maintaining and coordinating
all necessary personnel records. Annually employees will be required to review the
Personnel Policey and sign an acknowledgement form and update the Employee
Information/Emergency Information form. The meet 4 of ° a... mist 've Sefv4ee�C4
Administrator, or their designee, -r hi- 1 er -'es gft shall advise all employees on all
personnel transactions, records systems and procedures.
Any employee or the employee's designated representative, when authorized in writing by
the employee, may review such employee's Official Personnel File maintained in the
Dir -of Sefviee$City Administrator's—office upon request to the
D4ectQr of ° a.n :Histr- tive Sefv eesCity Administrator. Such review may be made during
regular office hours consistent with the conditions established by the Teeter -of
Adffiie,istrIfftive Sei=v4ee-sCity Administrator.
BACKGROUND CHECKS
All finalists for employment with the City will be subject to a background check to confirm
information submitted as part of application materials and to assist in determining the
candidate's suitability for the position. Except where already defined by state law, the
wee i= of ° d... ieisti.„t:ve Sefv eesCity Administrator, or their designee, and/of City
dffi eist ftte., will determine the level of background check to be conducted based on the
position being filled.
A final applicant for a City position will be subject to a criminal history investigation.
Before the investigation is undertaken, the finalist must authorize, in writing, the City to
undertake such an investigation on a form approved by the City Attorney, and provided
by the City Clerk.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` I�DLN HILLS Amended December 19, October 28 2019
RECRUITMENT AND SELECTION
All appointments in the municipal service shall be made according to job -relevant
qualifications, merits and fitness as determined by the City Council or City Administrator.
Appointments to municipal service shall be made by the Appointing Authority.
The basic recruitment and selection policies of the City are to take whatever measures
necessary to seek out and to encourage properly qualified individuals to apply for positions
at all levels of City service and to provide assurance that the best qualified applicants are
taken into municipal service. No person shall in any way be favored or discriminated
against because of race, color, creed, age, marital status, sex, political opinion or affiliation,
disability, sexual orientation, or welfare assistance status.
In making a selection from among candidates to fill vacancies, the City may use written,
oral or performance tests, an evaluation of training and experience, or any combination of
these. Investigations of background, character, education, experience or physical fitness
may also be required.
Any applicant or employee giving false or misleading information on an application form,
cheating on an examination, or falsifying a statement, certificate or evaluation shall not be
considered for employment or shall be subject to immediate dismissal. Fraud or attempts
to commit fraud which would preclude the City from impartially executing these provisions
shall be cause for the City to refuse to appoint an applicant or to dismiss an employee.
No person seeking employment or promotion shall, either directly or indirectly, attempt to
influence the City Administrator or City Council in any way with money, services, or other
remuneration.
It is the City's policy that relatives of persons currently employed by the City may be
hired only if they will not be working under or over a relative within a reporting chain
and are not likely to be in such a position in the future. Current employees of the City
will not be transferred or promoted into such a reporting chain relationship. If the
employees become relatives after employment, management will implement any
appropriate transfer or separation decision that may be necessary after consulting with
the affected employees.
For purposes of this Section, a relative includes the employee's spouse, legal guardian, as
well as children, siblings, parents, in-laws, grandparents, aunt, uncle, niece, and nephew
by blood, marriage or adoption.
Appointment to a position of municipal service shall not be construed to be a property
right of the employee. All employees are appointed by and serve at the sole discretion of
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City of Arden Hills Personnel Policy
the City Council.
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fit ILN HILLS
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Effective February 29, 2016
Amended December 19, October 28 2019
City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` I�DLN HILLS Amended December 19, October 28 2019
EMPLOYMENT GUIDELINES
job Posting
The City of Arden Hills will post all job openings internally, and may also be publicized in
a local newspaper or through other news media deemed necessary, in order to encourage
qualified persons to apply. Qualified applicants will be interviewed by the n:yeeter of
A a. it-tist -ee Ser -6 City Administrator, or their designee, appropriate Supervisor, the
respective Council Committee, and appointed by the City Council.
Such notice shall include the job titles, duties, and the date the position is intended to be
filled.
Transfers
The City Council in their discretion may transfer employees from one department to
another or transfer work between departments of the City or to independent contractors.
Conduct as a City Employee
In accepting City employment, employees become representatives of the City and are
responsible for assisting and serving the citizens for whom they work. An employee's
primary responsibility is to serve the residents of Arden Hills. Employees should exhibit
conduct that is ethical, professional, responsive, and of standards becoming of a City
employee. To achieve this goal, employees must adhere to established policies, rules, and
procedures and follow the instructions of their supervisors.
Staff Guidelines
Since all employees share the responsibility for keeping their department operating in an
orderly, safe and efficient manner, they are entitled to know the types of conduct, which
will contribute to fulfilling their department's functions. At a minimum all employees are
required to:
BE ON TIME Supervisors depend on each employee for help in maintaining important
work schedules. Being at the job location and ready to begin work at the specified time will
get things off to the right start. An employee who wishes to flex their hours must submit
a form to their supervisor for approval. The form will indicate the regular schedule of the
employee as well as the requested flex hours. If approved and signed by the supervisor,
the form will be filed in the employee's Personnel File and is updated annually.
BE REGULAR Excessive absenteeism or tardiness jeopardizes an employee's job and
creates problems for supervisors and fellow workers. An employee is required to furnish
satisfactory evidence that their absence is justified if their supervisor requests it.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
GIVE ADVANCE NOTICE WHEN USING UNSCHEDULED PERSONAL
TIME OFF An employee must notify their supervisor as early as possible if using
unscheduled Personal Time Off. Except in unusual cases, he/she should talk directly with
their supervisor to be sure that their supervisor receives the message.
HELP KEEP THE WORK AREA AND EQUIPMENT IN GOOD ORDER It is
necessary to maintain sanitary and healthful conditions throughout the buildings and
offices. Good housekeeping promotes good workmanship and safety. Equipment must be
kept in order, the floor free of litter and the general rules of housekeeping observed. Be
neat in your personal appearance.
PERFORM THE JOB PROPERLY Supervisors are responsible for directing the work.
They will answer any questions or clarify any assigned duties, which an employee does not
understand. Every employee should take pride in their work and perform their job carefully
and according to instructions. All necessary information should be passed on to relief
operators in order that they may continue the operation without interruption or confusion.
BE AN EXAMPLE The conduct of each individual shall be beyond criticism as a public
employee. Good conduct not only allows the employee to protect himself/herself from
censure, but also helps to make the whole organization to be one of pride to the
community.
BE POLITE No employee should let the weight of their job affect their personality. A
cheerful, polite attitude not only makes work easier, but also makes it easier for fellow
workers to work with the employee.
DRESS CODE Because all City staff interact with the public on a regular basis, it is
important for all employees to represent the City by dressing in a professional manner.
Each City employee should dress in a department issued uniform or in a "Business Casual"
fashion. Personal appearance should be appropriate to the nature of the work and contacts
with other people and should present a positive image to the public. Clothing, jewelry or
other items that could present a safety hazard are not acceptable in the workplace.
The City recognizes special job assignments or special duties of a particular job may require
an employee to wear non -business casual clothing. Approval must be received from your
supervisor for non -business casual clothing.
The City has adopted a casual Friday policy which allows an employee to wear jeans.
In the event an employee arrives at work inappropriately dressed or groomed, the
employee will be sent home to change into appropriate clothing, and will be expected to
use PTO for the lost time during the work day.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
CONFLICT OF INTEREST: City employees are to remove themselves from situations
in which they would have to take action or make a decision where that action or decision
could be perceived or actual conflict of interest. If an employee has any question about
whether such a conflict exists, he/she should consult with the Dir—eet r of
Sefviees
City Administrator, or their designee. or the City ° dw-finis ato
FALSIFICATION OF RECORDS: Any employee who makes false statements or
commits, or attempts to commit, fraud in an effort to prevent the impartial application of
these policies will be subject to immediate disciplinary action up to and including
termination and potential criminal prosecution.
PERSONAL PHONE CALLS Personal telephone calls are to be made or received only
when truly necessary. They are not to interfere with City work and are to be completed as
quickly as possible. Any personal long distance call costs will be paid by the employee.
Please refer to the Cell Phone policy for information on use of cellular phones.
POLITICAL ACTIVITY. City employees have the right to express their views and to
pursue legitimate involvement in the political system. However, no City employee will
directly or indirectly, during hours of employment, solicit or receive funds for political
purposes. Further, any political activity in the workplace must be pre -approved by the City
to avoid any conflict of interest or perception of bias such as using authority or political
influence to compel another employee to apply for or become a member of a political
organization.
KNOW THESE REGULATIONS—. Employees are expected and required to know and
observe rules and regulations contained in this manual as a condition of original and
continued employment.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` I�DLN HILLS Amended December 19, October 28 2019
EMPLOYEE'S RESPONSIBILITIES
General Policy
For the effective administration and implementation of City policy, and to serve the
citizens, each individual employee must cooperate to the fullest with all fellow employees
and the public. City employees have a high degree of visibility to the general public and,
therefore, must exercise particular care and caution to ensure that all work undertaken is
accomplished expediently and with efficiency. To achieve this goal, employees must adhere
to established rules and procedures and follow the instructions of their supervisors.
Employees Are Required To:
1. Render prompt and courteous service to the public at all times conducting
themselves with decorum, patience, and every possible courtesy.
2. Perform their assigned duties to the best of their ability at all times and to
continually strive to improve their performance.
3. Read, understand and comply with the rules and regulations as set forth in
this Personnel Policy as well as those of their department.
4. Report all unsafe conditions to their immediate supervisor.
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City of Arden Hills Personnel Policy
Effective February 29, 2016
Amended Deeember 19, 'n' October 28 2019
PUBLIC EMPLOYEE'S RETIREMENT ASSOCIATION (PERA)
�- i i i � i i •= i - i i w i� i - -�� � � -- i
•
Ml Nil
•
_ 1
•
_• � i i i - - _�- i i i i - i . _• � - i �
The citv oarticinates in the Public Emolovees Retirement Association (PERA) to brovide
12ension benefits for its eligible emj2loyees to hel12 plan for a successful and secure retirement.
Participation in PERA is mandatory for most employees, and contributions into PERA
begin immediately. The city and the emi2loyee contribute to PERA each 12ay 12eriod as
determined by state law. Emj2loyees are also required to contribute a 12ortion of each 12ay
check for Social Security and Medicare (the city matches the employee's Social Security
and Medicare withholding). For information about PERA eligibility and contribution
requirements visit their website at www.mnpera.org
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
RIGHT TO KNOW
Any employee routinely exposed to hazardous substances or harmful physical agents as
defined in the Minnesota Employee Right to Know Act of 1983 (Laws 1983, Ch. 316,
Minn. Stat. 182.65-182.675) shall be trained before being assigned or reassigned work
exposing the employee to such substances or agents and shall be given training annually
thereafter. Training shall include an explanation of how and where information about
hazards are stored in the workplace, how the hazards are labeled, and where to obtain
specific information. The meet 4 of Adffiinistfative Set= - City Administrator, or their
designee, shall provide for such training and for compliance with the "Minnesota Employee
Right to Know Act of 1983", including the establishment of specific policies to insure
compliance with the State law and regulations. An employee acting in good faith has the
right to refuse to work under conditions which the employee reasonably believes present
an imminent danger of death or serious physical harm to the employee.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` I�DLN HILLS Amended December 19, October 28 2019
DRUG-FREE WORKPLACE POLICY
PURPOSE AND OBJECTIVES
The City of Arden Hills ("City") has a vital interest in maintaining safe, healthful, and
efficient working conditions for employees, and recognizes that individuals who are
impaired because of drugs and/or alcohol jeopardize the safety and health of other workers
as well as themselves. The City of Arden Hills does not intend to intrude into the private
lives of its employees, but strongly believes that a drug- and alcohol -free workplace is in
the best interest of employees and the public alike. Alcohol and drug abuse can cause
unsatisfactory job performance, increased tardiness and absenteeism, increased accidents
and workers' compensation claims, higher insurance rates, and an increase in theft of city
property. The City of Arden Hill's Drug and Alcohol Testing Non -DO policy has been
established for the purpose of providing a safe workplace for all.
City employees and applicants required to hold a commercial driver's license by the United
States Department of Transportation ("DO ") for their job will bXtested under the City's
Policy on Controlled Substance and Alcohol Testing for Commercial Drivers (the "DO
Policy"). All other employees and job applicants in safety -sensitive positions offered
employment with the city must undergo testing as described by this policy.
To ensure the policy is clearly communicated to all employees and applicants to whom
offers of employment have been made, and to comply with state law, employees and
applicants are required to review this policy and sign the "policy acknowledgement." A job
applicant will also acknowledge in this form that he/she understands that passing the drug
test isama�L be a requirement of the job.
DEFINITIONS
"Alcohol" means the intoxicating agent in beverage alcohol or any low molecular weight
alcohols such as ethyl, methyl, or isopropyl alcohol. The term includes but is not limited to
beer, wine, spirits, and medications such as cough syrup that contain alcohol.
"Alcohol use or usage" means the consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.
"Applicant" means a person applying for a job with the City.
"City" means the City of Arden Hills
"City premises" means, but is not limited to, all City job sites and work areas. For the
purposes of this policy, city premises also includes any other locations or modes of
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` I�,I)EN HILLS Amended December 19, October 28 2019
transportation to and from those locations while in the course and scope of employment
of the City.
"City vehicle" means any vehicle which employees are authorized to use solely for City
business when used at any time; or any vehicle owned or leased by the City when used for
City business.
"Collection site" means a place designated by the City where job applicants and
employees present themselves for the purpose of providing a specimen of their breath,
urine, and/or blood to be analyzed for the presence of controlled substances and alcohol.
"Confirmatory test" means a controlled substance or alcohol test on a sample to
substantiate the results of a prior controlled substance or alcohol test on the same sample,
and that uses a method of analysis allowed under one of the programs listed in Minn. Stat.
§ 181.953, subd. 1.
"Drug" has the same meaning as "controlled substance" defined in Minn. Stat. 5 152.01,
subd. 4.
"Drug and alcohol testing," "drug or alcohol testing," and "drug or alcohol test"
mean analysis of a body component sample according to the standards established under
one of the programs listed in Minn. Stat. § 181.953, subd.l, for the purpose of measuring
their presence or absence of drugs, alcohol, or their metabolites in the sample tested.
"Drug paraphernalia" has the meaning set forth in Minn. Stat. 5 152.01, subd. 18.
"Employee" means a person who performs services for compensation for the City and
includes independent contractors except where specifically noted in this policy.
"Initial screening test" means a drug or alcohol test that uses a method of analysis under
one of the programs listed in Minn. Stat. § 181.953, subd. 1.
"Job applicant" means a person who applies to become an employee of the City, and
includes a person who has received a job offer made contingent on the person passing drug
testing.
"Positive test result" means a finding of the presence of alcohol, illegal drugs, or their
metabolites that exceeds the cutoff levels established by the City. Minimum threshold
detection levels are subject to change as determined in the City's sole discretion.
"Random selection basis" means a mechanism for selection of employees that (1) results
in an equal probability that any employee from a group of employees subject to the
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` Iq)LLN HILLS Amended December 19, October 28, 2019
selection mechanism will be selected, and (2) does not give an employer discretion to waive
the selection of any employee selected under the mechanism.
"Reasonable suspicion" means a basis for forming a belief based on specific facts and
rational inferences drawn from those facts.
"Safety -sensitive position" means a job, including any supervisory or management
position, in which an impairment caused by drug or alcohol usage would threaten the health
or safety of any person.
"Under the influence" means (1) the employee tests positive for alcohol or drugs, or (2)
the employee's actions, appearance, speech, and/or bodily odors reasonably cause the City
to conclude that the employee is impaired because of illegal drug use or alcohol use.
PERSONS SUBJECT TO TESTING & CIRCUMSTANCES UNDER WHICH
TESTING MAY BE REQUIRED
Under this policy, the City may test any specified applicant to whom an offer of
employment has been made, and may test any employee for alcohol and/or controlled
substance under any of the following circumstances with a properly accredited or licensed
testing laboratory, in accordance with Minn. Stat. § 181.953, subd. 1:
Pre-Emnlovment Testin
Full-time and
temporary/ seasonal employees in safety sensitive positions as determined by the City
Administrator will be subject to drug testing upon receiving a conditional job offer. If the
job offer is withdrawn based on drug test results, the city will inform the applicant of the
reasons for the withdrawal. A failure of the drug test, a refusal to take the test, or failure to
meet other conditions of the offer will result in a withdrawal of the offer of employment
even if the applicant's provisional employment has begun. A negative or positive dilute test
result (following a second collection), which has been confirmed, will also result in
immediate withdrawal of an offer of employment to an applicant.
Reasonable Suspicion Testing.
Consistent with Minn. Stat. § 181.951, subd. 3, employees will be subject to alcohol and
controlled substance testing when reasonable suspicion exists to believe that the employee:
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ri` 1 ILN HILLS Amended December- ' n October 28 2019
• Is under the influence of alcohol or a controlled substance; or
• Has violated written work rules prohibiting the use, possession, sale or
transfer of drugs or alcohol while working, while on city property, or while
operating city vehicles, machinery or any other type of equipment; or
• Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16
or has caused another employee to sustain an injury or;
• Has caused a work-related accident or was operating or helping to operate
machinery, equipment, or vehicles involved in a work-related accident.
Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance,
behavior, speech, breath, odor, possession, proximity to or use of alcohol or a controlled
substance or containers or paraphernalia, poor safety record, excessive absenteeism,
impairment of job performance, or any other circumstances that would cause a reasonable
employer to believe that a violation of the city's policies concerning alcohol or drugs may
have occurred. These observations will be reflected in writing on a Reasonable Suspicion
Record Form.
For off-site collection, employees will be driven to the employer -approved medical facility
by their supervisor or a designee. For an on-site collection service, the employee will remain
on site and be observed by the supervisor or designee. The medical facility or on-site
collection service will take the urine or blood sample, and will forward the sample to an
approved laboratory for testing.
Pursuant to the requirements of the Drug -Free Workplace Act of 1988, all City employees,
as a condition of continued employment, will agree to abide by the terms of this policy and
must notify Difeefoic of ° a.f,:Histi= tive Sefv4 the City Administrator, or their designee,
ar the Dire, ter'. designee of any criminal drug statute conviction for a violation occurring
in the workplace not later than five days after such conviction. If required by law or
government contract, the City will notify the appropriate federal agency of such conviction
within 10 days of receiving notice from the employee.
Treatment Program Testing.
In accordance with Minn. Stat. § 181.951, subd. 6., the City may request or require an
employee to undergo drug and alcohol testing if the employee has been referred by the
City for chemical dependency treatment or evaluation, or is participating in a chemical
dependency treatment program under an employee benefit plan. In such a case, the
employee may be requested or required to undergo drug or alcohol testing without prior
notice during the evaluation or treatment period and for a period of up to two years
following completion of any prescribed chemical dependency treatment program.
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Routine Physical Examination Testing.
The City may request or require an employee to undergo drug testing as part of a routine
physical examination. The City, in accordance with Minn. Stat. 5 181.951, subd. 3, will
request or require this type of testing no more than once annually, and the employee will
be provided with at least two weeks' written notice that the test will be required as part of
the physical examination.
Random Testing.
In accordance with Minn. Stat. § 181.951, subd. 4, the City may require an employee to
submit to random testing if the employee is in a safety -sensitive position.
Right of Refusal.
Employees and job applicants have the right to refuse to submit to an alcohol or drug test
under this policy. However, such a refusal will subject an employee to immediate
termination. If an applicant refuses to submit to applicant testing, any conditional offer of
employment will be withdrawn.
Any intentional act or omission by the employee or applicant that prevents the completion
of the testing process constitutes a refusal to test.
An applicant or employee who substitutes, or attempts to substitute, or alters, or attempts
to alter a testing sample is considered to have refused to take a drug and/or alcohol test.
In such a case, the employee is subject to immediate termination of employment, and in
the case of an applicant, the job offer will be immediately withdrawn.
Refusal on Religious Grounds
An employee or job applicant who, on religious grounds, refuses to undergo drug or
alcohol testing of a blood sample will not be considered to have refused testing, unless the
employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample.
Cost of Required Testing.
The City will pay for the cost of all drug and alcohol testing requested or required of all job
applicants and employees, with the exception of confirmatory retests. Job applicants and
employees are responsible for paying for all costs associated with any requested
confirmatory retests.
PROHIBITION AGAINST CONTROLLED SUBSTANCE AND ALCOHOL
Use and Possession of Alcohol or Drug(s).
Employees are prohibited from the use, possession, transfer, transportation, manufacture,
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distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol,
drugs, or drug paraphernalia while on duty; is on City premises; while operating any City
vehicle, machinery, or equipment; or when performing any city business, except (1)
pursuant to a valid medical prescription used as properly instructed; (2) the use of over-
the-counter controlled substance used as intended by the manufacturer; or (3) when
necessary for approved law enforcement activity.
Besides having a zero -tolerance policy for the use or possession of alcohol, illegal drugs,
or misused prescription drugs on the worksite, we also prohibit the use, possession of,
impairment by any cannabis or medical cannabis products (e.g., hash oils or pills) on the
worksite by a person working as an employee at the City or while "on call" and subject to
return to work. Having a medical marijuana card, patient registry number, and/or cannabis
prescription from a physician does not allow anyone to use, possess, or be impaired by that
drug here. The federal government still classifies cannabis as an illegal drug, even though
some states have decriminalized its possession and use. There is no acceptable
concentration of marijuana metabolites in the blood or urine of an employee who operates
our equipment or vehicles or who is on one of our worksites. Applicants and employees
are still subject to being tested under our drug and alcohol testing policy. eEmployees
are subject to being disciplined, suspended, or terminated after testing positive for cannabis
if the employee used, possessed, or was impaired by cannabis, including medical cannabis,
while on the premises of the place of employment or during the hours of employment.
While Impaired of Alcohol or Drug(s).
Employees are prohibited from being under the influence of alcohol or drugs or having a
detectable amount of an illegal drug in the blood or urine when reporting for work; while
on duty; is on the City's premises; while operating any city vehicle, machinery, or
equipment; or when performing any City business, except (1) pursuant to a valid medical
prescription used as properly instructed; or (2) the use of over-the-counter controlled
substance used as intended by the manufacturer.
Driving While Impaired.
A conviction of driving while impaired in a City -owned vehicle at any time during business
or non -business hours, or in an employee -owned vehicle while conducting city business,
may result in discipline, up to and including discharge.
Criminal Controlled Substance Convictions.
Any employee convicted of any criminal drug statute must notify his or her supervisor and
the Teeter of ° ar.tinifrat:-_„ Sefvie, ,.City Administrator, or their designee, in writing of
such conviction no later than five days after such conviction. Within 30 days after receiving
notice from an employee of a controlled substance -related conviction, the City will take
appropriate personnel action against the employee up to and including discharge, or require
the employee to satisfactorily participate in a controlled substance abuse assistance or
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rehabilitation program as an alternative to termination. In the event notice is not provided
to the supervisor and the employee is deemed to be incapable of working safely, the
employee will not be permitted to work and will be subject to disciplinary action, including
dismissal from employment. In accordance with the Federal Drug -Free Workplace Act of
1988, if the City is receiving federal grants or contracts of over $25,000, the City will notify
the appropriate federal agency of such conviction within 10 days of receiving notice from
the employee if required by federal law.
Failure to Disclose Lawful Controlled Substance.
Employees taking a lawful controlled substance, including prescription and over-the-
counter controlled substances, which may impair their ability to perform their job
responsibilities or pose a safety risk to themselves or others, must advise their supervisor
of this before beginning work. It is the employee's responsibility to seek out written
information from his/her physician or pharmacist regarding medication and any job
performance impairment and relay that information to his/her supervisor. In the event of
such a disclosure, the employee will not be authorized to perform safety -sensitive
functions.
REVIEW AND NOTIFICATION OF TEST RESULTS
Notification of Negative Test Results.
In the case of job applicants and in accordance with Minn. Stat. § 181.953, The Difeete
of A dffii :..w ei-e-ie--,Ciiy Administrator, or their designee, will notify a job applicant
of a negative drug result within three days of receipt of result by the City, and the hiring
process will resume. In accordance with Minn. Stat. § 181.953, subd. 3, a laboratory must
report results to the city within three working days of the confirmatory test result. A
"Negative Test Results Notification" form will be sent to the job applicant, and the job
applicant may request a copy of the test result report from the Direetar of Ad ffi ftist..,.�:__
Sefviees.City Administrator, or their designee.
In the case of current employees and in accordance with Minn. Stat. § 181.953, the Dir-eefa
of A a.f,:Histf tive Sei=y e ,City Administrator, or their designee, will notify the employee
of a negative drug and/or alcohol result within three days of receipt of result by the city. A
"Negative Test Results Notification" form will be sent to the employee, and he or she may
request a copy of the test result report from the Deet of Aa....ifii.tfative SefV; Ci
Administrator, or their designee.
Notification of Positive Test Results.
In the event of a confirmed positive blood or urine alcohol and/or drug test result, the city
will notify the employee of a negative drug and/or alcohol result within three days of
receipt of the result. The D eetor of A a.f,:nist f tive Ser- eesCity Administrator, or
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ri` 1 ILN HILLS Amended December- ' n October 28 2019
their designee, will send to the employee or job applicant a "Positive Test Results
Notification" letter containing further instructions. The employee or job applicant may
contact the Dreete'- of A.]... itnis..v, ,.i-_„ Sei=v eesCity Administrator, or their designee, to
rnr�m�rcr�
request a copy of the test result report if desired. In accordance with Minn. Stat. § 181.953,
subd. 3, a laboratory must report results to the City within three working days of the
confirmatory test result.
➢ Right to Provide Information After Receiving Test Results. Within three
working days after notice of a positive controlled substance or alcohol test result on
a confirmatory test, the employee or job applicant may submit information to the
City to explain the positive result. In accordance with Minn. Stat. 5 181.953, subd.
10, if an employee submits information either before a test or within three working
days after a positive test result that explains the positive test result, (such as
medications the employee is taking), the City will not take an adverse employment
action based on that information unless the employee has already been under an
affirmative duty to provide the information before, upon, or after hire.
➢ Right to Confirmatory Retest. A job applicant or employee may request a
confirmatory retest of the original sample at the job applicant's or employee's own
expense after notice of a positive test result on a confirmatory test. Within five
working days after notice of the confirmatory test result, the job applicant or
employee must notify the City in writing of the job applicant's or employee's
intention to obtain a confirmatory retest. Within three working days after receipt of
the notice, the City will notify the original testing laboratory that the job applicant
or employee has requested the laboratory to conduct the confirmatory retest or
transfer the sample to another qualified laboratory licensed to conduct the
confirmatory retest. The original testing laboratory will ensure the control and
custody procedures are followed during transfer of the sample to the other
laboratory. In accordance with Minn. Stat. § 181.953, subd. 3, the laboratory is
required to maintain all samples testing positive for a period of six months. The
confirmatory retest will use the same controlled substance and/or alcohol threshold
detection levels as used in the original confirmatory test.
In the case of job applicants, if the confirmatory retest does not confirm the original
positive test result, the City's job offer will be reinstated and the City will reimburse
the job applicant for the actual cost of the confirmatory retest. In the case of
employees, if the confirmatory retest does not confirm the original positive test
result, no adverse personnel action based on the original confirmatory test will be
taken against the employee, the employee will be reinstated with any lost wages or
salary for time lost pending the outcome of the confirmatory retest result, and the
City will reimburse the employee for the actual cost of the confirmatory retest.
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➢ Access to Reports. In accordance with Minn. Stat. § 181.953, subd. 10, an
employee will have access to information contained in his or her personnel file
relating to positive test results and to the testing process, including all information
gathered as part of that process.
Dilute Specimens.
A negative or positive dilute test result (following a second collection) which has been
confirmed will subject an employee to immediate termination.
CONSEQUENCES FOR EMPLOYEES ENGAGING IN PROHIBITED
CONDUCT
Job Mplicants.
The City's conditional offer of employment will be withdrawn from any job applicant who
refuses to be tested or tests positive for illegal drugs as verified by a confirmatory test.
Employees.
• No Adverse Action Without Confirmatory Test. The City will not discharge,
discipline, discriminate against, or request or require rehabilitation of an employee
based on a positive test result from an initial screening test that has not been verified
by a confirmatory test.
• Suspension Pending Test Result. The City may temporarily suspend a tested
employee with or without pay, or transfer that employee to another position at the
same rate of pay pending the outcome of the requested confirmatory retest,
provided the City believes that it is reasonably necessary to protect the health or
safety of the employee, co -employees, or the public. The employee will be asked to
return home, and will be provided appropriate arrangements for return
transportation to his or her residence. In accordance with Minn. Stat. § 181.953,
subd. 10, an employee who has been suspended without pay will be reinstated with
back pay if the outcome of the requested confirmatory retest is negative.
• Discipline and Discharge.
✓ Confirmatory Positive Test Result. The City will not discharge an
employee for a first confirmatory positive test unless the following conditions
have been met:
1) The City has first given the employee an opportunity to participate in
either a drug or alcohol counseling or rehabilitation program,
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whichever is more appropriate, as determined by the City after
consultation with a certified chemical use counselor or physician
trained in the diagnosis and treatment of chemical dependency.
Participation by the employee in any recommended substance abuse
treatment program will be at the employee's own expense or pursuant
to the coverage under an employee benefit plan. The certified chemical
use counselor or physician trained in the diagnoses and treatment of
chemical dependency will determine if the employee has followed the
rehabilitation program as prescribed; and
(2)The employee has either refused to participate in the counseling or
rehabilitation program or has failed to successfully complete the
program, as evidenced by withdrawal from the program before its
completion or by a refusal to test or positive test result on a
confirmatory test after completion of the program.
✓ Other Misconduct. Nothing in this policy limits the right of the City to
discipline or dismiss an employee on grounds other than a positive
confirmatory test result, including conviction of any criminal drug statute for
a violation occurring in the workplace or violation of other city personnel
policies.
• Emergency Call Back to Work Provisions. If an employee is called out for a City
emergency and he or she reports to work and is suspected of being under the
influence of drugs or alcohol, he or she will not be subject to the testing procedures
of this policy, but may be subject to discipline and will not be allowed to work.
Appropriate arrangements for return transportation to the employee's residence will
be made. It is the sole responsibility of the employee who is under the influence of
alcohol and/or drugs and who is called out for a City emergency, to notify his or
her supervisor of this information and advise if he or she is unable to respond to
the emergency call back.
NON-DISCRIMINATION
The City of Arden Hills' policy on work-related substance abuse is non-discriminatory in
intent and application; however, in accordance with Minn. Stat., ch. 363, disability does not
include conditions resulting from alcohol or other drug abuse which prevents an employee
from performing the essential functions of the job in question or constitutes a direct threat
to property of the safety of individuals.
Furthermore, the City will not retaliate against any employee for asserting his or her rights
under this policy.
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CITY'S EMPLOYEE ASSISTANCE PROGRAM
The City has in place a formal employee assistance program (EAP) to assist employees in
addressing serious personal or work-related problems at any time. The City's EAP provides
confidential, cost-free, short-term counseling to employees and their families. Employees
who may have an alcohol or other drug abuse problems are encouraged to seek assistance
before a problem affects their employment status. Employee assistance program services
are available by contacting the Sand Creek Group, Ltd. at 1-888-243-5744.
The Citv also has an Organizational Assistance Program (OAP) for personnel or work
related matters including but not limited to: professional tension or conflict, erformance
related matters and a variety of other work-related challenges or difficulties If work related
matters or professional interactions have become difficult, the city has asked for a Sand
Creek OAP Consultant to assist both staff and management related to these types of issues.
POLICY CONTACT FOR ADDITIONAL INFORMATION
If you have any questions about this policy or the City's drug and alcohol testing
procedures, you may contact your immediate supervisor, the Direeter of
Sefviees.City Administrator, or their designee, or the City Adffiinistrater to obtain
additional information.
By this policy, the City of Arden Hills has established a drug-free awareness program to
inform employees about the dangers of drug abuse in the workplace and its policy of
maintaining a drug-free workplace. Each City employee will receive a copy of this policy
and will be required to read it.
City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
CITY PROPERTY
The City will furnish all applicable tools, equipment, vehicles and similar instruments of
production necessary for an employee to perform their job. Such items are the
responsibility of the employee to maintain. No City equipment of any kind is to be used or
operated by anyone other than a City employee. The willful damage, destruction, or the
unauthorized removal of city -owned property shall be grounds for immediate dismissal.
Any employee who has authorized possession of keys, tools, cell phones, pagers, or other
city -owned equipment must register his/her name and the serial number (if applicable) or
identifying information about the equipment with his/her supervisor. All such equipment
must be turned in and accounted for by any employee leaving employment with the city
in order to resign in good standing.
Employees are responsible for the safekeeping and care of all such equipment. The
duplication of keys owned by the city is prohibited unless authorized by the City
Administrator. Any employee found having an unauthorized duplicate key will be subject
to disciplinary action.
CITY BRANDED CLOTHING POLICY
Permanent Arden Hills City Staff that do not receive a prescribed uniform
allowance will receive City branded clothing on the following schedule:
O d year: One polo -shirt with the Arden Hills logo embroidered
Even year: One sweatshirt with the Arden Hills logo embroidered
New employees will receive the article of clothing for that year when they start
employment.
The City Administrator, Department Heads, and staff (at the City Administrator's
discretion) that frequently interact with the public in the field will also be issued one button
down shirt embroidered with the Ci , 's logo annually.
These clothing items will be considered necessary as part of the employee's role with the
City and may be required to be returned to the City when an employee's service ends with
the City.
An emplo, e��purchase additional City branded apparel at their own expense. All items
must be approved by their supervisor to ensure the items meet anyapplicable dress code
or other standard.
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CITY VEHICLES AND EQUIPMENT
City vehicles and equipment shall be used only in conjunction with performance of City
operations and duties. City vehicles shall not be used for transportation from a specific job
site or location for the purpose of taking a rest period or lunch period, unless authorized
by the supervisor. Persons operating City vehicles are prohibited from providing rides to
non -authorized passengers. Employees are prohibited from using City vehicles or other
City equipment for personal purposes without prior approval from the City Administrator.
CITY DRIVING POLICY
This policy applies to all employees who drive a vehicle on City business whether driving
a City -owned vehicle or their own personal vehicle. The City expects all employees who
are required to drive as part of their job to drive safely and legally when on City business
and to maintain a good driving record. This includes, but is not limited to, the below rules
regarding cell phone usage and driving_
-Reading/sending text messages, making or receiving phone calls, emailing, video
calling, scrolling/typing, accessing a webpage, or using non -navigation applications while
driving is strictly prohibited.
-In accordance with State law, there is an exception to hands free cell phone
operations to obtain emergency assistance to report a traffic accident, medical emergency
or serious traffic hazard or prevent a crime from being committed. There is also a State
law exception for authorized emergency vehicles while in the performance of official
duties.
-Employees who are charged with traffic violations resulting from the use of their
phone while driving will be solely responsible for all fines or charges that result from such
actions.
-Any violations of the hands-free law, including those witnessed by other staff or
Councilmembers, will be recorded in the employee'spersonnel file and the employee may
be subject to discipline up to and including termination.
The City will examine driving records once per year for all employees who are covered by
this policy to determine compliance with this policy. Employees who lose their driver's
license or receive restrictions on their license are required to notify their immediate
supervisor on the first day of work after any temporary, pending or permanent action is
taken on their license and to keep their supervisor informed of any changes thereafter.
The City will determine appropriate action on a case-by-case basis, up to and including
termination.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
BUILDING SECURITY
Security of City offices and buildings is of such extreme importance that special efforts
must be made to protect this property from unauthorized use or theft.
City employees are responsible to secure and safeguard City property under their control.
When leaving the building at the end of the day, employees must be sure that doors are
locked and the alarm system is activated.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
OUTSIDE EMPLOYMENT
The potential for conflict of interest is lessened when individuals employed by the City
regard the City as their primary employment responsibility. All outside employment is to
be reported to the employee's immediate supervisor. If a potential conflict exists based on
this policy or any other consideration, the supervisor will consult with the City
Administrator. Any City employee accepting employment in an outside position that is
determined by the City Administrator to be in conflict with the employee's City job will be
required to resign from the outside employment or may be subject to discipline up to and
including termination.
For the purpose of this policy, outside employment refers to any non -City employment or
consulting work for which an employee receives compensation, except for compensation
received in conjunction with military service or holding a political office or an appointment
to a government board or commission that is compatible with City employment. The
following is to be considered when determining if outside employment is acceptable:
• O tside employment must not interfere with a full-time employee's availability
during the City's regular hours of operation or with a part-time employee's regular
work schedule.
• O tside employment must not interfere with the employee's ability to fulfill the
essential requirements of his/her position.
• O tside employment must not use City equipment, resources or staff in the course
of the outside employment.
• The employee must not violate any City personnel policies as a result of outside
employment.
• The employee must not receive compensation from another individual or employer
for services performed during hours for which he/she is also being compensated
by the City. Work performed for others while on approved PTO or compensatory
time is not a violation unless that work creates the appearance of a conflict of
interest.
• Departments may establish more specific policies as appropriate, subject to the
approval of the City Administrator.
City employees are not permitted to accept outside employment that creates the appearance
of or the potential for a conflict with the development, administration or implementation
of policies, programs, services or any other operational aspect of the City.
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City of Arden Hills Personnel Policy I Effective February 29, 2016
AI N HILLS Amended December- ' n October 28 2019
SMOKING
The City observes and supports the Minnesota Clean Indoor Air Act. All City buildings,
facilities, property and vehicles, in their entirety, shall be designated as tobacco free,
meaning that smoking in any form (through the use of tobacco products such as pipes,
cigars, and cigarettes) or "vaping" with e -cigarettes is prohibited while in a City facility,
building, vehicle or on City property.
Smoking of any kind, including pipes, cigars, and cigarettes, vaping with e -cigarettes, and
the use of chewing tobacco is prohibited for employees while on duty. Employees 18 and
over are allowed to smoke only during their breaks and lunch and only in areas designated
for that purpose.
PERSONAL COMMUNICATIONS AND USE OF SOCIAL MEDIA
It is important for City employees to remember that the personal communications of
employees may reflect on the City, especially if employees are commenting on City
business. The following guidelines apply to personal communications, including various
forms such as social media (Facebook, Twitter, blogs, YouTube, etc.), letters to the editor
of newspapers, and personal endorsements:
• Remember that what you write or post is public, and will be so for a long time. It may
also be spread to large audiences. Use common sense when using email or social
media sites. It is a good idea to refrain from sending or posting information or photos
that you would not want your boss or other employees to read, or that you would be
embarrassed to see in the newspaper. Keep in mind harassment, bullying, threats of
violence, discrimination, or retaliation that would not be permissible in the workplace
is not permissible between co-workers online, even if it is done after hours, from
home and on home computers.
• The City of Arden Hills expects its employees to be fair, courteous, and respectful to
supervisors, co-workers, citizens, customers, and other persons associated with the
city. Avoid using statements, photographs, video or audio that may reasonably be
viewed as malicious, obscene, threatening or intimidating, disparaging, or might
constitute harassment or bullying. Examples of such conduct might include offensive
posts meant to intentionally harm someone's reputation or posts that could contribute
to a hostile work environment on the basis of sex, race, national origin, age, color,
creed, religion, disability, marital status, familial status, veteran status, sexual
orientation, status with regard to public assistance or membership or activity in a local
commission.
• If you publish something related to City business, identify yourself and use a
disclaimer such as, "I am an employee of the City of Arden Hills. However, these are
my own opinions and do not represent those of the City of Arden Hills."
a
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
City resources, working time, or official City positions cannot be used for personal
profit or business interests, or to participate in personal political activity. Some
examples: a building inspector could not use the City's logo, email, or working time to
promote his/her side business as a plumber; a parks employee should not access a
park after hours even though he or she may have a key; a clerk, while working at City
Hall, should not campaign for a friend who is running for City Council.
Is
• Personal social media account name or email names should not be tied to the City
(e.g.,) cGity name�-Cop).
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
COMPENSATION
Form of Payment
As provided for in Minnesota law, all employees are required to participate in direct
deposit. Employees are responsible for notifying the Direeter- °eF a.f,:r:stfa
---
Sefviees.City Administrator, or their designee, or City C'_of any change in status
including changes in address, phone number, names of beneficiaries, marital status, etc.
Paystubs will not be given to anyone other than the person for whom they were prepared,
unless the person has a note signed by the employee authorizing the City to give the other
person the check. Paystubs will be given to the spouse, or another appropriate immediate
family member, in the case of a deceased employee.
Setting of Salaries
Salaries for all City employees are set by City Council, based on the recommendation of
the City Administrator and/or the Direete - e f ° ar.tini,"ftt:-_„ SenzeesDirector of Finance.
Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell
any person the amount of their own wages. While the Minnesota Government Data
Practices Act (Minn. Statute 13.43). specifically lists an employee's actual gross salary and
salary range as public personnel data, Minnesota law also requires wage disclosure
protection rights and remedies to be included in employer personnel handbooks. To that
end, and in accordance with Minn. Statute 181.172, the City shall not:
• Require nondisclosure by an employee of his or her wages as a condition of
employment.
• Require an employee to sign a waiver or other document which purports to deny an
employee the right to disclose the employee's wages.
• Take any adverse employment action against an employee for disclosing the
employee's own wages or discussing another employee's wages which have been
disclosed voluntarily.
• Retaliate against an employee for asserting rights or remedies under Minn. Statute
181.172, subd. 3.
The City shall not retaliate against an employee for disclosing his/her own wages. An
employee's remedies under the Wage Disclosure Protection Law are to bring a civil action
against the city and/or file a complaint with the Minnesota Department of Labor and
Industry at (651) 284-5070 or (800) 342-5354.
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City of Arden Hills Personnel Policy _IT_1* Effective February 29, 2016
Al l�N HILLS Amended December 19, October 28 2019
Pay Date
It is the policy of the City of Arden Hills to compensate employees for service on a bi-
weekly basis. Pay period shall extend for a 14 -day work period beginning on Saturday and
ending on Friday. Direct deposit shall be issued no later than the following Friday.
Employees shall not receive payment before the scheduled pay date without the prior
consent of the City Administrator. When a pay date falls on an official holiday, employees
will receive their direct deposit on the last working day before the holiday.
Time Reporting
Full-time, non-exempt employees are expected to work the number of hours per week as
established for their position. In most cases, this will be 40 hours per workweek. They
will be paid according to the time reported on their time sheets. To comply with the
provisions of the federal and state Fair Labor Standards Acts, hours worked and any leave
time used by non-exempt employees are to be recorded daily and submitted to payroll on
a bi-weekly basis. Each time reporting form must include the signature of the employee
and immediate supervisor. Reporting false information on a time sheet may be cause for
immediate termination.
Overtime/ Compensatory Time
The City has established this overtime policy to comply with applicable state and federal
laws governing accrual and use of overtime. The Direeter e f ° ay.. inis"ftt -_„ Se fvi ., FCS
Administrator, or their designee, will determine whether each employee is designated as
"exempt" or "non-exempt" from earning overtime. In general, employees in executive,
administrative, and professional job classes are exempt; all other are non-exempt.
Non -Exempt (Overtime -Eligible) Employees
All overtime -eligible employees will be compensated at the rate of time -and -one-half for
all hours worked over 40 in one workweek. Vacation, sick leave, and paid holidays do not
count toward "hours worked." Compensation will take the form of either time -and -one-
half pay or compensatory time. Compensatory time is paid time off at the rate of one -
and -one-half hours off for each hour of overtime worked.
For most employees the workweek begins at midnight on Saturday and runs until the
following Friday night at 11:59 p.m. Supervisors may establish a different workweek
based on the needs of the department, subject to the approval of the City Administrator.
The employee's supervisor must approve overtime hours in advance. An employee who
works overtime without prior approval may be subject to disciplinary action.
Overtime earned will be paid at the rate of time -and -one-half on the next regularly
scheduled payroll date, unless the employee indicates on his/her timesheet that the
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ri` I�DLN HILLS Amended December 19, October 28 2019
overtime earned is to be recorded as compensatory time in lieu of payment.
The maximum compensatory time accumulation for any employee is 40 hours per year.
Once an employee has earned 40 hours of compensatory time in a calendar year, no
further compensatory time may accrue in that calendar year. All further overtime will be
paid. Employees may request and use compensatory time off in the same manner as
other leave requests.
All compensatory time will be marked as such on official time sheets, both when it is
earned and when it is used. The Finance Department will maintain compensatory time
records. All compensatory time accrued will be paid when the employee leaves City
employment at the hourly pay rate the employee is earning at that time.
Exempt (Non -Overtime -Eligible) Employees
Exempt employees are expected to work the hours necessary to meet the performance
expectations outlined by their supervisors. Generally, to meet these expectations, and for
reasons of public accountancy, an exempt employee will need to work 40 or more hours
per week. Exempt employees do not receive extra pay for the hours worked over 40 in
one workweek.
Exempt employees are paid on a salary basis. This means they receive a predetermined
amount of pay each pay period and are not paid by the hour. Their pay does not vary
based on the quality or quantity of work performed, and they receive their full weekly
salary for any week in which any work is performed.
The City will only make deductions from the weekly salary of an exempt employee in the
following situations:
• The employee is in a position that does not earn Personal Time Off (PTO) and
is absent for a day or more for personal reasons other than sickness or
accident.
• The employee is in a position that earns PTO, receives a short-term disability
benefit or workers' compensation wage loss benefits, and is absent for a full
day due to sickness or disability, but he/she is either not yet qualified to use the
paid leave or he/she has exhausted all of his/her paid leave.
• The employee is absent for a full workweek and, for whatever reason, the
absence is not charged to paid leave (for example, a situation where the
employee has exhausted all of his/her paid leave or a situation where the
employee does not earn paid leave).
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• The very first workweek or the very last workweek of employment with the
City in which the employee does not work a full week. In this case, the City will
prorate the employee's salary based on the time actually worked.
• The employee is in a position that earns paid leave and is absent for a partial
day due to personal reasons, illness, or injury, but:
• Paid leave has not been requested or has been denied.
• Paid leave is exhausted.
• The employee has specifically requested unpaid leave.
• The employee is suspended without pay for a full day or more for disciplinary
reasons for violations of any written policy that is applied to all employees.
• The employee takes unpaid leave under the FMLA.
• The City may for budgetary reasons implement a voluntary or involuntary
unpaid leave program and, under this program, make deductions from the
weekly salary of an exempt employee. In this case, the employee will be treated
as non-exempt for any workweek in which the budget -related deductions are
made.
The City will not make deductions from pay due to exempt employees being absent for
jury duty or attendance as a witness but will require the employee to pay back to the City
any amounts received by the employee as jury fees or witness fees.
If the City inadvertently makes an improper deduction to the weekly salary of an exempt
employee, the City will reimburse the employee and make appropriate changes to comply
in the future.
All employees, in all departments, are required to work overtime as requested by their
supervisors as a condition of continued employment. Refusal to work overtime may
result in disciplinary action. Supervisors will make reasonable efforts to balance the
personal needs of their employees when assigning overtime work.
Leave Policy for Exempt Employees
Exempt employees are required to work the number of hours necessary to fulfill their
responsibilities including evening meetings and/or on-call hours. The normal hours of
business for exempt staff are Monday through Friday, 8 a.m. to 4:30 p.m., plus evening
meetings as necessary. (Unless summer hours are in effect, then the hours are Monday —
Thursday from 7:30 a.m. to 5:00 p.m. and Friday 7:30 a.m. to 11:30 a.m.)
Because of the nature of the duties performed by these employees, it is'_ r~-~eftble
impractical to apply provisions which prescribe normal work hours. However, it is
normally expected that eighty (80) hours of work shall constitute a normal payroll period.
It is recognized that these employees are responsible for managing and accounting for
City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
their own hours of work and that they may work hours in excess of the normal work day
and/or payroll period and may make adjustments in hours of work in subsequent work
days and/or payroll periods, provided such time management system does not result in
overtime payment or guarantee hour -for -hour time off for extra hours worked (Flex
time). These employees should maintain their schedules on their Outlook calendar.
Exempt employees must communicate their absence to their supervisor or in their
absence the City Administrator or his/her designee.
If one of the above employees is regularly absent from work under this policy and it is
found that there is excessive time away from work, the situation will be handled as a
performance issue. Additional notification and approval requirements may be adopted by
the City Administrator or his/her designee for specific situations as determined
necessary.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
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BENEFITS
Insurance
All full time and benefit earning employees shall be required to participate in the
Employer's group health, dental, life, and other applicable insurance programs. The
Employer shall contribute a monthly sum established annually by the Council.
Detailed analysis of the current insurance program shall be included in the annual benefit
summary.
POST EMPLOYMENT HEALTH CARE SAVINGS PLAN
All full-time and benefit earning employees are eligible to participate in the Minnesota Post
Employment Health Savings Plan (HCSP) established under Minnesota Statutes, section
352.98 (Minn. Supp. 2001) and as outlined in Minnesota State Retirement System's Trust
and Plan Documents.
All funds collected by the City on behalf of the employee will be deposited into the
employee's Post Employment Health Care Savings Plan Account through Minnesota State
Retirement System.
The City has agreed to contribute payroll deductions to the Post Employment Health Care
Savings Plan (HCSP) with Minnesota State Retirement Systems as described below:
A. All upper management employees (Director Level and above) shall
contribute an ongoing percent of pay of 2% to HCSP.
B. All City employees who are eligible for the unused sick leave severance
payout (Bank), will contribute to the Post Employment Health Care Savings
Plan as described below:
■ All employees who have an eligible sick leave (Bank) balance upon
separation shall have 100% of those funds converted into cash, and
the dollars shall be deposited into their Post -Employment Health Care
Savings Account (HCSP) on their final check.
C. All City employees who are eligible for the unused Personal Time Off (PTO),
Flex Time, or Compensatory Time severance payout, outlined in the
Personal Time Off, Exempt Employee Guidelines, and Compensation
sections of this policy, will contribute to the Post Employment Health Care
Savings Plan as described below:
.o
City of Arden Hills Personnel Policy
Effective February 29, 2016
1il'( ti HILLa Amended December 19 'n" October 28 2019
■ All employees who have an eligible Personal Time OFF (PTO) leave
balance upon leaving the City shall have 100% of those hours
converted into cash and deposited into their Post -Employment Health
Savings Account (HCSP) on their final check.
■ All employees who have an eligible Flex Time or Comp Time leave
balance upon leaving the City shall have 100% of those hours
converted into cash and deposited into their Post -Employment Health
Savings Account (HCSP) on their final check.
D. In the event of the employees death, any payments owed to this employee
by the City, may not be contributed into the Post -Employment Health Care
Savings Account (HCSP). Upon death of the employee, all payments owed
to this employee will be paid to the employees beneficiaries.
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ri` 1 ILN HILLS Amended December- ' n October 28 2019
HOURS OF WORK
Work Schedules
Because of the necessity of providing municipal services twenty-four hours per day, seven
days per week, employees are required to work a regular schedule of hours as established
by the City. A regular schedule of hours should not be construed as excluding shift
rotations and emergency work schedules based on public necessity as determined by the
City. Those employees with approved Flex hour schedules shall have the proper
documentation in their Personnel File and maintain those hours.
Part-time, seasonal, and temporary positions:
In order to comply with law while avoiding penalties, part-time employees will be
scheduled with business needs and in a manner that ensures positions retain part-time
status as intended. Effective February 29, 2016, employees in part-time and temporary
positions will not be permitted to work more than 28 hours/week, including hours worked
and paid leave (such as annual leave or holiday leave). All shifts, including schedule trades
or picked -up shifts, must be pre -approved by supervisor. Unpaid furloughs may be
imposed on employees who exceed 28 hours/week. Working a shift without prior
approval may result in discipline, up to and including termination of employment. In some
rare instances, a part-time, seasonal, or temporary employee may be offered health
insurance in order to comply with federal health care reform laws and regulations.
Work Assignments
The department managers and the City Administrator will arrange work assignments for
the best operation of the department for all employees in all departments. All meal breaks
are unpaid.
Breaks
A fifteen (15) minute rest period/break will be allowed within each four (4) consecutive
hours of work during an employee's shift. Departments are responsible for scheduling rest
periods/breaks that do not interfere with work requirements. A thirty (30) minute unpaid
lunch break will be provided during a shift, and will normally occur midway in a shift.
Employees are expected to use these breaks as intended and will not be permitted to adjust
work start/end time by saving these breaks.
Employees working in City buildings will normally take their breaks at the place provided
for that purpose in each building. Employees working out-of-doors will normally take
their break at the location of their work. Employees whose duties involve traveling
throughout the City may stop along the assigned route at a restaurant or other public
accommodation for their fifteen (15) minute break. Exceptions must be approved by the
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supervisor or department director.
Departments with unique job or coverage requirements may have additional rules, issued
by the supervisor and subject to approval of the City Administrator, on the use of meal
breaks and rest periods.
Employees will not work through a lunch break without prior approval from the City
Administrator; Direeter- of ° d ffi ~:.,"Ftti-_„ cerr-e4ees,or supervisor.
Up to a one (1) hour unpaid lunch period may be provided in each eight (8) hour workday
with the approval of the employee's supervisor if breaks are combined with the thirty (30)
minute lunch. Exempt employees shall receive lunch periods at times determined by the
needs of their work.
Any employee who performs a regular eight (8) hour shift between the hours of
9:00 p.m. and 9:00 a.m., or any employee who works more than five (5) consecutive hours
of overtime, shall be given a thirty (30) minute lunch break with pay.
Summer Hours
The City Council may annually approve summer hours of operation, which will typically
begin on the Tuesday after Memorial Day each year and end on the Friday before Labor
Day of each year.
HOLIDAYS
All full-time employees are eligible for the following holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving
Day after Thanksgiving
Christmas Eve Afternoon
(last 4 hours of working day)
Christmas Day
January 1 st
Third Monday in January
Third Monday in February
Last Monday in May
July 4th
First Monday in September
November 11 th
Fourth Thursday in November
Fourth Friday in November
December 24th
(this turns into a floater in years that Christmas
Eve lands on a Saturday or a Sunday)
December 25th
New Year's Eve Afternoon December 31St
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(last 4 hours of working day) (this turns into a floater in years that New Year's
Eve lands on a Saturday or a Sunday)
1 Floating Holiday Determined by the employee with supervisor
approval
Official holidays commence at the beginning of the first shift of the day on which the
holiday is observed and continue for twenty-four (24) hours thereafter.
Whenever a holiday falls on a Sunday, the following Monday will be considered the holiday.
Whenever a holiday falls on a Saturday, the preceding Friday will be considered the holiday.
Employees will receive full pay at their normal straight time rates for eight (8) hours for
each holiday listed provided the employee is on compensated payroll status the last assigned
work day preceding the holiday, and the first assigned work day following the holiday. Any
employee on a leave of absence without pay from the City is not eligible for holiday pay.
Employees required to work on a designated holiday shall be compensated two (2) times
their base hourly pay rate for each hour worked. Full-time or part-time employees who
work an average of 20 hours a week or more will be eligible for pro -rated holiday pay. This
pay will be based on their average daily hours worked.
City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
PERSONAL TIME OFF
All employees hired before June 29, 2002, will convert their current sick leave accrued
hours to Personal Time Off (PTO). The conversion will be calculated by adding current
accrued sick leave and current accrued vacation and subtracting two hundred forty hours
(240) as PTO. The remainder of the sick leave will be added to the "Bank". "Bank" is
defined as accrued hours which may be used only when the employee qualifies under Short -
Term Disability, Long -Term Disability or when accrued PTO is exhausted. Full-time
employees who have completed ten (10) or more years of continuous service with the City
and who leave in good standing will receive 33-1/3% of unused, accumulated sick leave or
"Bank Hours" upon their separation. Full-time employees who have completed twenty
(20) or more years of continuous service with the City and who leave in good standing will
receive 50% of unused, accumulated sick leave or "Bank Hours" upon their separation.
To qualify for this benefit an employee must have an established sick leave bank resulting
from the conversion of the PTO program. Any benefit paid shall be paid into the
employee's Post -Employment Health Care Savings Plan.
Personal Time Off (PTO) is authorized absence from duty. It can be used for any reason,
subject to existing request and approval procedures. As with all paid time off programs,
the City needs to ensure that service to the public and work requirements are not
adversely impacted.
Qualified full-time employees and part-time employees are eligible for Personal Time Off
(PTO). Employees may not use Personal Time Off until successful completion of their
training period, although Personal Time Off accumulates during this time. Personal Time
Off for aarLdme benefited employees shall be pro -rated.
The following chart provides information regarding Personal Time Off. Years of service
are calculated from the anniversary date of employment.
PERSONAL TIME OFF SCHEDULE (Hired Previous to June 29, 2015)
Completed Y'�Service Personal Time
0-1560 months 7 hours bi-weekly
£4-061 Months —120 months 9 hours bi-weekly
after 4-0120 months 10 hours bi-weekly
PERSONAL TIME OFF SCHEDULE (Hired June 29, 2015, or after)
Completed Ye�rService Personal Time
0-336 months 6 hours bi-weekly
4-937 months to 108 months 7 hours bi-weekly
10 4 4 109 months to 168 months 7.5 hours bi-weekly
15 9169 months to 228 months 8.5 hours bi-weekly
2029 months or more 9 hours bi-weekly
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
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Benefit year for Personal Time Off is March 1St through February 28th. A maximum of 240
hours of Personal Time Off may be carried over from benefit year to benefit year. Carry-
over beyond 240 hours of Personal Time Off will only be made under special
circumstances with approval from the City Administrator.
All employees must receive permission from the department supervisor or City
Administrator at least ten (10) working days prior to taking Personal Time Off when
Personal Time Off is to extend for a period of more than three (3) consecutive days. If
three (3) consecutive days of unscheduled Personal Time Off are used, the supervisor shall
make an inquiry into the employee's absence, and the employee shall cooperate in
authorizing the supervisor to obtain any necessary medical, hospital or other records that
validate the unscheduled absence. If the Personal Time Off is to be for eight (8) hours or
less, permission will be granted without notice if their supervisor feels that City service will
not be adversely affected. Priority will be given to Personal Time Off scheduling based on
the earliest date of request. Personal Time Off scheduling for departmental employees is
the responsibility of the department managers. No employee will be permitted to use
Personal Time off for the purpose of receiving double pay.
Any employee leaving the service of the City in good standing will be compensated 100%
for Personal Time Off accrued, not to exceed 240 hours, to the day of separation provided
said employee has served at least twelve (12) consecutive months prior to separation and
has given the City at least two weeks notice prior to the effective date of such separation.
Such pay for accumulated Personal Time Off will be at the same rate as the hourly rate of
the employee's base salary. Personal Time Off may not be used to extend an employee's
actual termination date. This benefit shall be paid into the employee's Post -Retirement
Health Care Savings Plan.
When a paid holiday falls on a working day during an employee's Personal Time Off, the
day of the holiday will not be counted as a day of Personal Time Off.
One (1) day of Personal Time Off shall equal eight (8) hours for full time employees, or
the number of regular hours worked in a shift.
In the case of disability from a work related disease or injury for which Worker's
Compensation benefits are available, an employee may elect to use Personal Time Off
benefits rather than Worker's Compensation benefits by notifying the Dir-eetor of
A , fi-ee Sefv4 City Administrator, or their designee, of their election. Under no
circumstances can an employee receive both Personal Time Off and Worker's
Compensation benefits for the same period of disability, except if the employee elects to
receive Worker's Compensation benefits he/she may also use Personal Time Off to the
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ri` I�,I)EN HILLS Amended December 19, October 28 2019
extent necessary to increase their income to their net wage prior to the injury or onset of
the disease.
EVA
City of Arden Hills Personnel Policy
Effective February 29, 2016
Amended December 19, October 28 2019
EXEMPT EMPLOYEE FLEX -TIME GUIDELINES
Exempt employees may accrue flex -time on a 1:1 ratio for attending various meetings
outside of their normal work day. Exempt employees may use accrued flex -time as
approved by their supervisor, but no more than 9 consecutive hours of flex time may be
used at one time. Exempt employees shall be compensated for no more than eighty (80)
hours of accrued flex -time upon termination. This benefit shall be paid into the employee's
Post -Retirement Health Care Savings Plan.
MEDICAL CERTIFICATION
Good attendance is an essential job function for all City employees. If unplanned
absences are excessive, a doctor's certification may be required. The physician's
certification is to state the nature and duration of the illness or injury and verify that the
employee is unable to perform the duties and responsibilities of his/her position. A
statement attesting to the employee's ability to return to work and perform the essential
functions of the job and a description of any work restrictions may also be required
before the employee returns to work.
Annual leave will not accrue during unpaid leaves. Benefit earning employees will accrue
annual leave on a prorated basis based on regular hours worked.
Annual leave will accrue on a pay -period basis. Employees can carry over any annual
leave that does not exceed the stated cap.
City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
MILITARY LEAVE
State and federal laws provide protections and benefits to City employees who are called
to military service, whether in the reserves or on active duty. Such employees are entitled
to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for
the time the employee is engaged in training or active service not exceeding a total of 15
days in any calendar year.
The leave of absence is only in the event the employee returns to employment with the
City as required upon being relieved from service, or is prevented from returning by
physical or mental disability or other cause not the fault of the employee, or is required
by the proper authority to continue in military or naval service beyond the fifteen (15)
day paid leave of absence. Employees on extended unpaid military leave will receive
fifteen (15) days paid leave of absence in each calendar year, not to exceed five years.
Where possible, notice is to be provided to the City at least ten (10) working days in
advance of the requested leave. If an employee has not yet used his/her fifteen (15) days
of paid leave when called to active duty, any unused paid time will be allowed for the
active duty time, prior to the unpaid leave of absence.
Employees returning from military service will be reemployed in the job that they would
have attained had they not been absent for military service and with the same seniority,
status and pay, as well as other rights and benefits determined by seniority. Unpaid
military leave will be considered hours worked for the purpose of vacation leave and sick
leave accruals.
Eligibility for continuation of insurance coverage for employees on military leave beyond
fifteen (15) days will follow the same procedures as for any employee on an unpaid leave
of absence.
FUNERAL LEAVE
Employees will be permitted to use up to three (3) consecutive working days, with pay, as
funeral leave upon the death of an immediate family member. This paid leave will not be
deducted from the employee's PTO balance.
The actual amount of time off, and funeral leave approved, will be determined by the
supervisor or City Administrator depending on individual circumstances (such as the
closeness of the relative, arrangements to be made, distance to the funeral, etc.).
W,
City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` I�DLN HILLS Amended December 19, October 28 2019
ELECTIONS/TIME OFF TO VOTE
An employee selected to serve as an election judge pursuant to Minnesota law, will be
allowed time off without pay for purposes of serving as an election judge, provided that
the employee gives the City at least ten (10) days written notice.
All employees eligible to vote at a State general election, at an election to fill a vacancy in
the office of United States Senator or Representative, or in a Presidential primary, will be
allowed time off with pay to vote on the election day. Employees wanting to take
advantage of such leave are required to work with their supervisors to avoid coverage
issues.
JURY DUTY
Full-time and benefit earning employees will be granted paid leaves of absence for required
jury duty. Time spent on jury duty will not be counted as time worked for computing
overtime.
Employees excused or released from jury duty during their regular working hours will
report to their regular work duties as soon as reasonably possible or will take accrued
Personal Time Off (PTO) to make up the difference.
Employees are to notify their supervisor as soon as possible after receiving notice to report
for jury duty. The employee will be responsible for ensuring that a report of time spent on
jury duty and pay for is completed by the Cleick of Gout= Clerk so the City will be
able to determine the amount of compensation due for the period involved.
Temporary and seasonal employees are generally not eligible for compensation for
absences due to jury duty, but can take leave without pay subject to department head
approval. However, if a temporary or seasonal employee is classified as exempt, he/she
will receive compensation for the jury duty time.
COURT APPEARANCES
Employees will be paid their regular wage to testify in court for City -related business. Any
compensation received for court appearances (e.g. subpoena fees) arising out of or in
connection with city employment, minus mileage reimbursement, must be turned over to
the City.
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City of Arden Hills Personnel Policy
Al I�N HILLS
VICTIM OR WITNESS LEAVE
Effective February 29, 2016
Amended December 19, October 28 2019
An employer must allow a victim or witness, who is subpoenaed or requested by the
Prosecutor to attend court for the purpose of giving testimony, or is the spouse or
immediate family member (immediate family member includes parent, spouse, child or
sibling of the employee) of such victim, reasonable time off from work to attend criminal
proceedings related to the victim's case. PTO, if available, will be taken for victim or
witness leave unless otherwise dictated by local, state, or federal law.
JOB RELATED ILLNESS OR INJURY
All employees are required to report any job-related illnesses or injuries to their
supervisor immediately (no matter how minor). If your supervisor is not available, then
you must report this to the department director or the Dire ter of ° d ffi itis Et6v„
Ser�4ees,City Administrator, or his/her designee. If a supervisor is not available and the
nature of injury or illness requires immediate treatment, the employee is to go to the
nearest available medical facility for treatment and, as soon as possible, notify his/her
supervisor of the action taken or the department director or the Diiceetoi= of
eneieesCLty -e� �Administrator or his/her designee. In the case of an
emergency, 911 should be called.
If the injury is not of an emergency nature, but requires medical attention, the employee
will report it to the supervisor and make arrangements for a medical appointment.
Workers' compensation benefits and procedures to return to work will be applied
according to applicable state and federal laws.
PREGNANCY AND PARENTING LEAVE
Employees who work twenty (20) hours or more per week and have been employed
more than one year are entitled to take an unpaid leave of absence under the Pregnancy
and Parenting Leave Act of Minnesota. Female employees for prenatal care, or incapacity
due to pregnancy, childbirth, or related health conditions as well as a biological or
adoptive parent in conjunction with after the birth or adoption of a child mare eligible
for up to 12 weeks of unpaid leave and must begin within twelve (12) months of the birth
or adoption of the child. In the case where the child must remain in the hospital longer
than the mother, the leave must begin within 12 months after the child leaves the
hospital. Employee should provide reasonable notice, which is at least 30 days prior to
the expected leave date. If the leave must be taken in less than three days, the employee
should give as much notice as practicable.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
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Employees are required to use accrued leave (i.e., PTO) during Parenting Leave_ 11f the
employee has any FMLA eligibility remaining at the time this leave commences, this leave
will also count as FMLA leave. The two leaves will run concurrently. The employee is
entitled to return to work in the same position and at the same rate of pay the employee
was receiving prior to commencement of the leave. Group insurance coverage will
remain available while the employee is on leave pursuant to the Pregnancy and Parenting
Leave Act, but the employee will be responsible for the entire premium unless otherwise
provided in this policy (i.e., where leave is also FMLA qualifying). For employees on an
FMLA absence as well, the employer contributions toward insurance benefits will
continue during the FMLA leave absence.
ADMINISTRATIVE LEAVE
Under special circumstances, an employee may be placed on an administrative leave
pending the outcome of an internal or external investigation. The leave may be paid or
unpaid, depending on the circumstances, as determined by the city administrator or
his/her designee with the approval of the City Council.
ADOPTIVE PARENTS
Adoptive parents will be given the same opportunities for leave as biological parents (see
provisions for Parenting Leave). The leave must be for the purpose of arranging the
child's placement or caring for the child after placement. Such leave must begin before or
at the time of the child's placement in the adoptive home.
SCHOOL CONFERENCE LEAVE
Any employee who has worked half-time or more for more than twelve (12) consecutive
months, may take unpaid leave for up to a total of sixteen (16) hours during any 12 -
month period to attend school conferences or classroom activities related to the
employee's child (under 18 or under 20 and still attending secondary school), provided
the conference or classroom activities cannot be scheduled during non -work hours.
When the leave cannot be scheduled during non -work hours and the need for the leave is
foreseeable, the employee must provide reasonable prior notice of the leave and make a
reasonable effort to schedule the leave so as not to disrupt unduly the operations of the
City. Employees may choose to use PTO hours for this absence, but are not required to
do so.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` I�DLN HILLS Amended December 19, October 28 2019
BONE MARROW DONATION LEAVE
Employees working an average of 20 or more hours per week may take paid leave, not to
exceed 40 hours unless agreed to by the City, to undergo medical procedures to donate
bone marrow. The City may require a physician's verification of the purpose and length
of the leave requested to donate bone marrow. If there is a medical determination that
the employee does not qualify as a bone marrow donor, the paid leave of absence granted
to the employee prior to that medical determination is not forfeited.
REGULAR LEAVE WITHOUT PAY
Upon consideration of a formal written request by an employee, Tthe City Administrator
may authorize leave without pay for up to thirty (30) days. An additional thirty (30) days
extension beyond that period may be granted at the discretion of the City Administrator.
Leave without pay for greater periods may be granted by the City Council to a maximum
of one (1) year.
Normally employee benefits will not be earned by an employee while on leave without
pay. However, the City's contribution toward health, dental and life insurance may be
continued, if approved by the City Council, for leaves of up to ninety (90) days when the
leave is for medical reasons and FMLA has been exhausted.
If an employee is on a regular leave without pay and is not working any hours, the
employee will not accrue (or be paid for) holidays, or PTO (annual leave). Employees who
are working reduced hours while on this type of leave will receive holiday pay on a
prorated basis and will accrue PTO (annual leave) based on actual hours worked.
Leave without pay hours will not count toward seniority and all accrued PTO and
compensatory time must normally be used before an unpaid leave of absence will be
approved.
To qualify for leave without pay, an employee need not have used all PTO (annual leave)
unless the leave is for medical reasons. {Aft effiplay__ ahs _rt fv . Parenting Left is ~a'-
fequifed to use Leave without pay for purposes other than medical leave or work-
related injuries will be at the convenience of the City.
Employees returning from a leave without pay for a reason other than a qualified
Parenting Leave or FMLA, will be guaranteed return to the original position only for
absences of thirty (30) calendar days or less.
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City of Arden Hills Personnel Policy —A -Tb– Effective February 29, 2016
AI I�N HILLS Amended December 19, October 28 2019
Employees receiving leave without pay in excess of thirty (30) calendar days, for reasons
other than qualified Parenting Leave or FMLA, are not guaranteed return to their original
position. If their original position or a position of similar or lesser status is available, it
may be offered at the discretion of the City Administrator subject to approval of the City
Council.
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City of Arden Hills Personnel Policy
fit ILN HILLS
FAMILY AND MEDICAL LEAVE
Eligibility
Effective February 29, 2016
Amended December 19, October 28 2019
To qualify to take FMLA leave under this policy, an employee must meet all of the
following conditions:
• Have worked for the City for 12 months (or 52 weeks) prior to the date the leave is
to commence. The 12 months or 52 weeks need not have been consecutive;
however, the City will not consider any service 7 years prior to the employee's most
recent hire -date.
• Have worked at least 1, 250 hours during the 12 -month period prior to the date
when the leave is requested to commence. The principles established under the Fair
Labor Standards Act ("FLSA") determine the number of hours worked by an
employee. The FLSA does not include time spent on paid or unpaid leave as hours
worked. Consequently, these hours of leave should not be counted in determining
the 1,250 hours eligibility test for an employee under FMLA.
Types of Leave Covered
Leave will be granted to all eligible employees (male and female) for any of the following
reasons:
• The birth of a child, including prenatal care, or placement of a child with the
employee for adoption or foster care;
• To care for a spouse, child or parent who has a serious health condition;
• Due to a serious health condition that makes the employee unable to perform the
essential functions of the position; and
• A covered military member's active duty or call to duty or to care for a covered
military member (Military Caregiver and Qualified Exigency Leave) {described
below}.
Definitions
• "Caring" for a covered family member includes psychological as well as physical
care. It also includes acquiring care and sharing care duties.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
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• An eligible "child" is defined as a person under 18 years of age (or a person incapable
of self-care because of a physical or mental disability) who is a biological, adopted,
foster, or step child, a ward of the employee, or a person with whom the employee
is charged with a parent's rights, duties and responsibilities.
• "Spouse" does not include domestic partners or common-law spouses.
• An eligible "parent" includes a biological parent or a person who was charged with
parental rights, duties and responsibilities over the employee when the employee
was under the age of 18; "parent" doesn't include in-laws.
• "Serious Health Condition" as defined under the FMLA means an illness, injury,
impairment, or physical or mental condition that involves one of the following:
• Hospital Care: Any period of incapacity or treatment connected with inpatient
care (i.e., an overnight stay) in a hospital, hospice, or residential medical care
facility;
• Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care or
child birth,
• Absence Plus Treatment: A period of incapacity of more than three consecutive
calendar days that also involves continuing treatment by or under the supervision
of a health care provider.
• Chronic Conditions Requiring Treatments. An incapacity from a chronic
condition which requires periodic visits for treatment by a health care provider,
continues over an extended period of time and may cause episodic rather than a
continuing period of incapacity;
• Permanent/Long-term Conditions Requiring Supervision;
• Multiple Treatments: Any period of absence to receive multiple treatments
(including any period of recovery therefrom) by a health care provider or by a
provider of health care services under orders of, or on referral by, a health care
provider.
• "Incapacity" means inability to work, attend school or perform other regular
daily activities.
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City of Arden Hills Personnel Policy 414 Effective February 29, 2016
AI I�N HILLS Amended December 19, October 28 2019
Length and Amount of Leave
The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month
period. The leave year is calculated based on looking forward from the first day the
employee is absent from work.
The entitlement to FMLA leave for the birth or placement of a child for adoption expires
twelve (12) months after the birth or placement of that child.
How Leave May be Taken
FMLA leave may be taken in 12 (or less) consecutive weeks, may be used intermittently (a
day periodically when needed) or may be used to reduce the workweek or workday,
resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12
workweeks.
Intermittent Leave may be taken when medically necessary for the employee's serious
health condition or to care for a seriously ill family member. Intermittent leave must be
documented in the medical certification form as medically necessary.
If an employee is taking leave intermittently or leave on a reduced schedule for planned
medical treatment, the employee must make a reasonable effort to schedule the treatment
so as to not disrupt the City's business.
In instances when intermittent or reduced schedule leave for the employee or employee's
family member is foreseeable or is for planned medical treatment, including recovery from
a serious health condition, the City may temporarily transfer an employee to an available
alternative position with equivalent pay and benefits if the alternative position would better
accommodate the intermittent or reduced schedule.
Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed
adopted or foster care child only with the City's approval.
Notice
All employees requesting FMLA leave must provide written or verbal notice of the need
for the leave to The erecter of ° a.. ii -t str ' e Sefviee iCity Administrator, or their
designee,.
When the need for the leave is foreseeable, the employee must give verbal or written notice
to his/her supervisor at least thirty (30) days prior to the date on which leave is to begin.
If thirty (30) days' notice cannot be given, the employee is required to give as much notice
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City of Arden Hills Personnel Policy
Effective February 29, 2016
Amended December 19, October 28 2019
as - Tactical, including following required call-in procedures.
If an employee fails to give thirty (30) days' notice for a foreseeable leave with no
reasonable explanation for the delay, the leave may be denied until thirty (30) days after the
employee provides notice.
Certification and Documentation Requirements
For leave due to an employee's serious health condition or a family member's, the City will
require the completion of a Medical Certification form by the attending physician or
practitioner. The form must be submitted to the Direeter e f ° d ffi n:,.,.yati-_„ Se fv . FCS
Administrator, or their designee, within fifteen (15) calendar days after requested. If the
form is not submitted in a timely fashion, the employee must provide a reasonable
explanation for the delay. Failure to provide medical certification may result in a denial or
delay of the leave.
The City may require an employee to obtain a second opinion from a provider selected by
the City. If necessary to resolve a conflict between the original certification and the second
opinion, the City may require the opinion of a third doctor. This third opinion will be
considered final. An employee will be provisionally entitled to leave and benefits under the
FMLA pending the second and/or third opinion.
When Leave is due to an employee's own serious health condition, a fitness for duty
certification (FFD) may be required before an employee can return to work. Failure to
timely provide such certification may eliminate or delay an employee's right to
reinstatement under the FMLA.
If an employee is using intermittent leave, and reasonable safety concerns exist regarding
the employee's ability to perform his or her duties, a FFD certificate may be required as
frequently as every 30 days during periods when the employee has used intermittent leave.
Recertification
Recertification of the need for leave may be required if the employee requests an extension
of the original length of leave approved by the City or if the circumstances regarding the
leave have changed. Recertification may also be required if there is a question as to the
validity of the certification or if the employee is unable to return to work due to a serious
health condition.
Reinstatement
City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
Employees returning from Family and Medical Leave will be reinstated in the same position
or a position equivalent in pay, benefits and other terms and conditions of employment.
An employee's reinstatement rights are the same as they would have been had the employee
not been on leave. Thus, if an employee's position would have been eliminated or an
employee would have been terminated but for the leave, the employee would not have the
right to be reinstated upon return from leave.
Notice of Intent to Return from FMLA Leave
The City requires an employee on FMLA leave to report periodically on the employee's
status and intent to return to work.
Effect on Benefits
An employee granted leave under this policy will continue to be covered under the City's
group health and dental insurance plan under the same conditions and at the same level of
City contribution as would have been provided had they been continuously employed
during the leave period. All paid benefits run concurrently with unpaid FMLA benefits.
For example, STD benefits, if available, will run concurrently with unpaid FMLA leave so
that an employee will receive STD benefits while taking up to 12 weeks of FMLA leave.
An employee may (but is not required to) use accrued PTO to make up the difference in
pay between STD or LTD benefits and their normal pay; however, at no point can the
combination of benefits paid and PTO taken exceed an employee's normal pay (this is
subject to the City's current disability blan and changes in the plan may supersede this
policy). If there are changes in the City's contribution levels while the employee is on leave,
those changes will take place as if the employee were still on the job.
The employee will be required to continue payment of the employee portion of group
insurance coverage while on leave. Arrangements for payment of the employee's portion
of premiums must be made by the employee with the City.
Failure to Return to Work after FMLA
Under certain circumstances, if the employee does not return to work at the end of the
FMLA leave for at least 30 calendar days, the City may require the employee to repay the
portion of the monthly cost paid by the City for group health plan benefits. The City may
also require the employee to repay any amounts the City paid on the employee's behalf to
maintain benefits other than group health plan benefits.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
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If an employee does not return to work following 12 weeks of FMLA leave, the employee
may be subject to COBRA continuation.
If the employee fails to pay the City a portion of the premiums for which he or she is
responsible during the FMLA leave and the employee fails to return to work, coverage may
end. Loss of coverage for failure to pay premiums is not a qualifying event for purposes of
continuation coverage under COBRA.
If the employee does not return from the FMLA leave and coverage ended sometime
during the FMLA leave due to lack of payment, there is no COBRA election available. For
COBRA to apply, the employee must have been covered on the day before the qualifying
event. In this situation, the qualifying event would occur at the time the employee did not
return from the leave.
Activities Prohibited During FMLA
While on leave, an employee may not engage in activities (including employment) which
have the same or similar requirements and essential functions of an employee's current
position.
While on leave, an employee may not engage in any activity that conflicts with the best
interests of the City. Such conduct will result in disciplinary action up to and including
termination of employment.
Seniority
Seniority does not accrue during any period of unpaid FMLA except as allowed when the
leave is covered by Worker's Compensation. However, seniority accrued prior to
commencement of FMLA leave will not be lost.
Use of Accrued Paid Leave or Compensatory Time During Family and Medical
Leave
Prior to taking unpaid FMLA leave employees must use all accrued PTO (annual leave) and
compensatory time i 6gr to tft'_--~a -- ~pftid4 w-= unless their medical condition/injury is
covered by worker's compensation or- the absefiee qualifies ufider- 41e state Par-enta4 Les
i,.___ (see n,.y„fit ff Lea „ Pali.._.).
Any paid disability leave benefits or sick leave available to employees for covered reason
(an employee's serious health condition or a covered family member's serious health
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` I�DLN HILLS Amended December 19, October 28, 2019
condition, including Workers' Compensation leave [to the extent that it qualifies]) will run
concurrently with FMLA.
Additional Leave
Employees who cannot return from an approved FMLA leave at the end of the approved
leave period may request an extension (up to the maximum of twelve (12) weeks allowed
under FMLA). If the twelve (12) FMLA weeks have already been used, the employee can
request to go on a regular unpaid leave of absence. If approved, before unpaid leave begins
the employee must use any accrued compensatory time, or PTO (annual leave) that remains.
If the leave is approved and unpaid, the employee will be required to pay the full cost of
all group insurance, as provided under COBRA, in order to continue coverage.
If the unpaid leave of absence is not approved or the employee fails to request additional
leave, the employee will be considered to have voluntarily resigned. If circumstances
beyond the employee's control prevented the employee from requesting additional leave, a
retroactive leave request may be allowed, subject to the City Council's approval.
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City of Arden Hills Personnel Policy _A_Tb_ Effective February 29, 2016
AI;)LN HILLS Amended December 19, October 28 2019
FMLA -- QUALIFIED EXIGENCY AND MILITARY CAREGIVER LEAVE
Qualified Exigency: Eligible employees (described previously under FMLA) whose
spouse, son, daughter or parent either has been notified of an impending call or order to
covered active military duty or who is already on covered active duty may take up to 12
weeks of leave for reasons related to or affected by the family member's call-up or service.
The qualifying exigency must be one of the following: (1) short -notice deployment. (2)
Military events and activities, 3) child care and school activities, (3) financial and legal
arrangements, 5) counseling, 6) rest and recuperation, (7) post -deployment activities and
8) additional activities that arise out of active duty, provided that the employer and
employee agree, including agreement on timing and duration of the leave.
Military Caregiver Leave: An employee eligible for FMLA leave (described previously
under FMLA) who is the spouse, son, daughter, or parent, or next of kin of a covered
servicemember may take up to 26 weeks, in a single 12 -month period, te take ear of leave
to care for that servicemember.
The family member must be a current member of the Armed Forces, including a member
of the National Guard or Reserves, or a member of the Armed Forces, the National Guard
or Reserves who is on the temporary disability retired list, who has a serious injury or illness
incurred in the line of duty on active duty for which he or she is undergoing medical
treatment, recuperation, or therapy; or otherwise in outpatient status; or otherwise on the
temporary disability retired list. Eligible employees may not take leave under this provision
to care for former members of the Armed Forces, former members of the National Guard
and Reserves, and members on the permanent disability retired list.
Definitions:
• A "son or daughter of a covered servicemember" means the covered
servicemember's biological, adopted, or foster child, stepchild, legal ward, or a child
for whom the covered servicemember stood in loco parentis, and who is of any age.
• A "parent of a covered servicemember" means a covered servicemember'—s
biological, adoptive, step or foster father or mother, or any other individual who
stood in loco parentis to the covered servicemember. This term does not include
parents "in law."
• The "next of kin of a covered servicemember" is the nearest blood relative, other
than the covered servicemember' s spouse, parent, son, or daughter, in the following
order of priority: blood relatives who have been granted legal custody of the
servicemember by court decree or statutory provisions, brothers and sisters,
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City of Arden Hills Personnel Policy
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ri` 1 ILN HILLS Amended December- ' n October 28 2019
grandparents, aunts and uncles, and first cousins, unless the covered servicemember
has specifically designated in writing another blood relative as his or her nearest
blood relative for purposes of military caregiver leave under the FMLA. When no
such designation is made, and there are multiple family members with the same level
of relationship to the covered servicemember, all such family members shall be
considered the covered servicemember' s next of kin and may take FMLA leave to
provide care to the covered servicemember, either consecutively or simultaneously.
When such designation has been made, the designated individual shall be deemed
to be the covered servicemember's only next of kin. For example, if a covered
servicemember has three siblings and has not designated a blood relative to provide
care, all three siblings would be considered the covered servicemember' s next of
kin. Alternatively, where a covered servicemember has a sibling(s) and designates a
cousin as his or her next of kin for FMLA purposes, then only the designated cousin
is eligible as the covered servicemember' s next of kin. An employer is permitted to
require an employee to provide confirmation of covered family relationship to the
covered servicemember pursuant to § 825.1220).
"Covered active duty" means:
• "Covered active duty" for members of a regular component of the Armed Forces
means duty during deployment of the member with the Armed Forces to a
foreign country.
• "Covered active duty" for members of the reserve components of the Armed
Forces (members of the U.S. National Guard and Reserves) means duty during
deployment of the member with the Armed Forces to a foreign country under a
call or order to active duty in a contingency operation as defined in section
101(a) (13) (B) of title 10, United States Code. (a) In the case of a member of a
regular component of the Armed Forces, duty during the deployment of the
member with the Armed Forces to a foreign country.
"Covered servicemember" means:
• A member of the Armed Forces (including a member of the National Guard or
Reserves) who is undergoing medical treatment, recuperation, or therapy, is
otherwise in outpatient status, or is otherwise on the temporary disability retired
list, for a serious injury or illness; or
• A veteran who is undergoing medical treatment, recuperation, or therapy, for a
serious injury or illness and who was a member of the Armed Forces (including
a member of the National Guard or Reserves) at any time during the period of 5
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1q)LN HILLS Amended December 19, October 28, 2019
years preceding the date on which the veteran undergoes that medical treatment,
recuperation, or therapy.
"Serious injury or illness means:
• In the case of a member of the Armed Forces (including a member of the
National Guard or Reserves), means an injury or illness that was incurred by the
member in line of duty on active duty in the Armed Forces (or existed before
the beginning of the member's active duty and was aggravated by service in line
of duty on active duty in the Armed Forces) and that may render the member
medically unfit to perform the duties of the member's office, grade, rank, or
rating; and
• In the case of a veteran who was a member of the Armed Forces (including a
member of the National Guard or Reserves) at any time during a period when
the person was a covered servicemember, means a qualifying (as defined by the
Secretary of Labor) injury or illness incurred by a covered servicemember in the
line of duty on active duty that may render the servicemember medically unfit to
perform the duties of his or her office, grade, rank or rating.
• O tpatient status, with respect to a covered servicemember, means the status of
a member of the Armed Forces assigned to either a military medical treatment
facility as an outpatient; or a unit established for the purpose of providing
command and control of members of the Armed Forces receiving medical care
as outpatients.
Amount of Leave — Qualified Exigency
An eligible employee can take up to 12 weeks of leave for a qualified exigency.
Amount of Leave — Military Caregiver
An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave
during a "single 12 -month period." The "single 12 -month period" begins on the first day
the eligible employee takes FMLA leave to care for a covered servicemember and ends 12
months after that date.
Leave taken for any FMLA reason counts towards the 26 week entitlement. If an employee
does not take all of 26 workweeks of leave entitlement to care for a covered servicemember
during this "single 12 -month period," the remaining part of the 26 workweeks of leave
entitlement to care for the covered servicemember is forfeited.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
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Certification of Qualifying Exigency for Military Family Leave
The City will require certification of the qualifying exigency for military family leave. The
employee must respond to such a request within 15 days of the request or provide a
reasonable explanation for the delay. Failure to provide certification may result in a denial
of continuation of leave. This certification will be provided using the DO Certification of L
Qualifying Exigency for Military Family Leave
Certification for Serious Injury or Illness of Covered Servicemember for Military
Family Leave
The City will require certification for the serious injury or illness of the covered
servicemember. The employee must respond to such a request within 15 days of the request
or provide a reasonable explanation for the delay. Failure to provide certification may result
in a denial of continuation of leave. This certification will be provided using the DOL
Certification for Serious Injury or Illness of Covered Servicemember.
All other provisions of the FMLA policy, including Use of Paid Leave, employee status
and benefits during leave, the Procedure for Requesting Leave, Benefits during Leave and
Reinstatement, are outlined above in the FMLA policy.
Reasonable Unpaid Work Time for Nursing Mothers
Nursing mothers will be provided reasonable unpaid break time fey- nursing ffie 1.ers to
express milk for nursing her child for one year after the child's birth. The City will
provide a room (other than a bathroom) as close as possible to the employee's work area,
that is shielded from view and free from intrusion from coworkers and the public and
includes access to an electrical outlet, where the nursing mother can express milk in
private.
Light Duty/Modified Duty Assignment
This policy is to establish guidelines for temporary assignment of work to temporarily
disabled employees who are medically unable to perform their regular work duties. Light
duty is evaluated by the City Administrator or his/her designee on a case-by-case basis.
This policy does not guarantee assignment to light duty.
Such assignments are for short-term, temporary disability -type purposes; assignment of
light duty is at the discretion of the City Administrator or his/her designee. The City
Administrator or his/her designee reserves the right to determine when and if light duty
work will be assigned.
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City of Arden Hills Personnel Policy'_` Effective February 29, 2016
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When an employee is unable to perform the essential requirements of his/her job due to
a temporary disability, he/she will notify the supervisor in writing as to the nature and
extent of the disability and the reason why he/she is unable to perform the essential
functions, duties, and requirements of the position. This notice must be accompanied by
a physician's report containing a diagnosis, current treatment, and any work restrictions
related to the temporary disability. The notice must include the expected time frame
regarding return to work with no restrictions, meeting all essential requirements and
functions of the City's job description along with a written request for light duty. Upon
receipt of the written request, the supervisor is to forward a copy of the report to the
Dr-eetar of° a..ni fti lrott ve Sei=�ee City Administrator, or their :designee.
The City may require a medical exam conducted by a physician selected by the City to
verify the diagnosis, current treatment, expected length of temporary disability, and work
restrictions.
It is at the discretion of the City Administrator or his/her designee whether or not to
assign light duty work to the employee. Although this policy is handled on a case-by-case
basis, light duty will not generally be approved beyond six months.
If the City offers a light duty assignment to an employee who is out on Workers'
Compensation leave, the employee may be subject to penalties if he/she refuses such
work. The City will not, however, require an employee who is otherwise qualified for
protection under the Family and Medical Leave Act to accept a light duty assignment.
The circumstances of each disabled employee performing light duty work will be
reviewed regularly. Any light duty/modified work assignment may be discontinued at any
time.
Reasonable Accommodations to an Employee for Health Conditions Relating to
Pregnancy
The City will attempt to provide a female employee who requests reasonable
accommodation with the following for her health conditions related to her pregnancy or
childbirth:
• More frequent restroom, food, and water breaks;
• Seating;
• Limits on lifting over 20 pounds; and/or
• Temporary transfer to a less strenuous or hazardous position, should one be available.
Unless such accommodations impose an undue hardship on the City, the City will engage
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in an interactive process with respect to an employee's request for a reasonable
accommodation.
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RESIGNATIONS
Employee resignations must be submitted in writing to the City Administrator. Any
employee wishing to resign from City service, in good standing, shall file with the moi
z.].......-,istrati- e cefvieesCity Administrator, or their designee, and/or department head, at
least fourteen (14) calendar days prior to separation, a written or email resignation stating the
effective date thereof The employee's termination date must be a day worked, not a paid
leave day. Failure to give proper notice may result in the forfeiture of accumulated Personal
Time Off and other benefits and may impact future employment by the Employer.
Unauthorized absence from work for a period of three (3) working days will be deemed a
resignation without benefits.
LAYOFFS
In the event it becomes necessary to reduce „personnel, the selection of
employees to be retained will be based on merit and ability as determined by the City
Administrator, subject to approval of the City Council. When all other considerations are
equal, the principle of seniority will apply in layoffs and recall from layoffs.
City of Arden Hills Personnel Policy'_` Effective February 29, 2016
ri` 1 ILN HILLS Amended December- ' n October 28 2019
TRAVEL
Reimbursement for travel on official City business shall be made as follows:
Personal Automobile
Employees shall use a personal vehicle for all City related travel, except when authorized
or instructed to use a City vehicle or other means of transportation. An employee will be
reimbursed at the authorized reimbursement rate, determined by the City Council
(currently the IRS mileage rate, for each mile driven on City business while using a
personal vehicle.
Mileage reimbursement for all city staff must be submitted on the standard travel
reimbursement form. In addition to using the proper form, you must complete it in the
following manner:
1. Date of travel must be listed.
2. Destination and purpose of travel must be listed.
No reimbursement will be made unless these procedures are followed.
Meals
The maximum for reimbursement for an employee is forty-four dollars ($44) per day.
The per day maximum shall be adjusted annually if necessary.
Lodging
Hotel/Motel reimbursement shall be the actual cost of lodging. When reimbursement for
lodging expenses are claimed, itemized receipts are required. NO personal expenses, such
as personal telephone calls, movie rental charges, e+eetc., are reimbursable.
Request For Expense Reimbursement
All travel expense requests must be promptly submitted on the appropriate forms upon
returning to work. Receipts must accompany such requests. Afi4eftge will be reiffi u -sea
per the 1R --------a- rftfe.
City of Arden Hills Personnel Policy Effective February 29, 2016
Amended December 19, October 28 2019
EDUCATIONAL REIMBURSEMENT POLICY
The City of Arden Hills believes in, and encourages employees to pursue higher levels of
education and training. While it is the policy of the City, it is not obligated to reimburse
employees for courses or instruction which will enable the employee to prepare for
advancement in a municipal capacity, increased responsibility within the employee's current
position, or for personal development which are city employment related; but may not be
necessarily related to the employee's current position. The City may not pay for all courses
within a degree program depending on the approval of the Personnel Committee.
All requests must be approved by the Personnel Committee annually.
Eligibility
Reimbursement is limited to full-time employees who attend approved courses or
instruction on a voluntary basis outside normal working hours. Reimbursement under this
section precludes submission of those courses for other financial remuneration.
Financial Remuneration
Reimbursement will be made pursuant to the following guidelines:
1. Attendance at any class or course intended to be reimbursed by the
municipality must have the PRIOR approval of the employee's supervisor,
Personnel Committee, and have the Tuition Reimbursement form filed with
the Difeetoi= of° d... mist fat __„ Setviee-s,City Administrator, or their -designee.
Reimbursement eae ea cannot be assured for any class work started prior to
receiving the appropriate approvals;
2. Course work must be related fifty percent (50%) to the employee's area of
municipal responsibility. In the case of liberal education undergraduate or
graduate college credits where a degree is being sought, employees will be
expected to discuss elective course work with their department head to
develop an overall course work plan that is consistent with the intent of this
policy. Reimbursement may be denied for elective course work that is not
consistent with the intent of this policy. For technical or program based
college career programs, reimbursement will be made available for all course
work, provided specific program credits are pre -approved. Reimbursement
may be denied for courses taken that differ from the originally approved
program schedule. Reimbursement for seminars or individual training
programs shall be determined at the time of making the request for training.
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3. In the interest of considering the budgetary impact of providing
reimbursement for educational advancement, consideration must be given to
whether or not comparable course work or advanced degrees might be
achieved at a less expensive institution than that being requested by the
employee. At the time of pre -approving reimbursable course work, the
supervisor will consider this issue. If, in the supervisor's determination, a
comparable education could be achieved at a less expensive institution (cost
per credit hour or program class), the reimbursement rate shall be established
at the lower rate. An employee shall always have the option of attending the
more expensive training program, but will be responsible for the marginal
cost involved above the lower reimbursement rate.
4. Employees interested in pursuing advanced education should notify their
supervisor as much in advance as practical so that appropriate budgeting
considerations may be made. Reimbursements are not guaranteed if budget
dollars are not available.
5. Reimbursement will be made for tuition, lab fees, direct costs of participating
in the course. Specifically not included, however, are books, student union or
association fees, qualifying tests (e.g., GRE) or other preparatory fees, mileage
and parking fees. Reimbursement will not be made for CLEP fees or similar
"test out" fees.
6. Approved course work shall be taken outside normal working hours. Except
where attendance is requested by the city, employees shall not receive any
salary compensation while attending classes.
7. In undergraduate and graduate level college courses, a grade of "B" or "80"
(or an equivalent, if grades or a 100 percent scale are not applicable) or better
is required. In courses or instruction not issuing a grade, certification from
the vendor/sponsor or the instructor of satisfactory completion is required.
Failure to achieve the grade levels stated above will result in the City denying
reimbursement. Employees shall be expected to submit documentation of the
grade received.
8. Reimbursement will be made upon proof of satisfactory completion as
detailed above.
9. Employees receiving reimbursement must remain employed by the City for a
period of one (1) year following reimbursement or are required to repay the
City for any tuition that was reimbursed.
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PROFESSIONAL DEVELOPMENT POLICY
Purpose: The purpose of this policy is to establish guidelines for professional development
activities by City staff.
Policy: City staff is encouraged to participate in professional development and training
activities and programs sponsored by their respective professional organizations and other
groups that sponsor programs relevant to local government. These programs not only
improve knowledge of local government and provide important networking opportunities,
but offer staff the opportunity to obtain innovative and new ideas for their functional area.
Exempt City staff shall have the opportunity to attend state conferences and other
applicable state events of their respective professional organizations on an annual basis.
Staff may participate in other locally provided training and activities as time and resources
allow. The Personnel Committee may limit the amount of attendees to conferences per
their discretion.
Exempt City staff shall have the opportunity to attend the national conference of their
respective professional organization every other year as approved by the City
Administrator.
City staff shall adhere to applicable provisions of the personnel policy with regard to
reimbursable expenses.
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SAFETY
The health and safety of each employee of the City and the prevention of occupational
injuries and illnesses are of primary importance to the City. To the greatest degree
possible, management will maintain an environment free from unnecessary hazards and
will establish safety policies and procedures for each department. Adherence to these
policies is the responsibility of each employee. Overall administration of this policy is the
responsibility of each supervisor. Employees are expected to adhere to all safety
requirements.
The City of Arden Hills recognizes the need and importance of safety for each of its
employees. The purpose of the safety policy is to institute a basic plan for accident
prevention. Every employee must annually attend and sign attendance at mandatory
trainings.
The success of a safety program demands more than basic rules and plans. It must be a
living workable program through cooperation and support of all levels of management and
employees. The responsibilities of the City Administrator, Supervisors, and staff are
defined so that each will know what is expected of them.
The importance of safety consciousness must be emphasized in every task performed.
Supervisors must instill awareness of safety and have an obligation to effectively place it in
operation through their personnel.
The City of Arden Hills has established a Safety Committee.
Reporting Accidents and Illnesses
Both Minnesota workers' compensation laws and the state and federal Occupational
Safety and Health Acts require that all on the job injuries and illnesses be reported as
soon as possible by the employee, or on behalf of the injured or ill employee, to his/her
supervisor. The employee's immediate supervisor is required to complete aan Incident
Report promptly and send to the aireetar- of dffi nistrft -- City Administrator,
or their designee, giving full details of the incident along with any other forms that may
be necessary related to an injury or illness on the job such as the Supervisor's Report.
The Dr-eeter e f ° d ffi nistr-f.f:__„ Senv e& City Administrator, or their designee, will then
fill out a First Report of Injury and have the incident investigated by a member of the
Safety Committee.
If you are involved in an accident, remember:
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1. All accidents involving city vehicles should be reported to your immediate
supervisor and the Difeetev of ° d.. if-ii .tr. , titre Se fv ee- Cid, Administrator, or
their designee,'- office as soon as possible.
2. Insist that all parties and property concerned remain at the scene of the
accident.
3. Obtain identifying data from the driver of the other vehicle (name, address,
and insurance company).
4. Secure names and addresses of injured persons and any witnesses to the
accident.
5. All accidents and/or injuries must be reported on a form supplied by the City
and should be returned as soon as possible from the time of the accident.
6. Take a picture of all vehicles involved with cell phone if possible.
Safety Equipment/Gear
Where safety equipment is required by federal, state, or local rules and regulations, it is a
condition of employment that such equipment be worn by the employee.
Unsafe Behavior
Supervisors are authorized to send an employee home immediately when the employee's
behavior violates the City's Personnel Policies, department policies, or creates a potential
health or safety issue for the employee or others.
WORKERS COMPENSATION REPORTING
Workers Compensation benefits and OSHA (job safety laws) require that all on the job
accidents, sickness, or loss of consciousness be reported as soon as possible by the
employee, or on behalf of a sick or injured employee, to his or her Supervisor.
EMPLOYEES MUST REPORT TO THEIR SUPERVISOR ALL JOB ACCIDENTS,
SICKNESS, OR LOSS OF CO CIOUSNESS AS %XDN AS POSSIBLE.
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RESPECTFUL WORKPLACE POLICY
The intent of this policy is to provide general guidelines about the conduct that is and is
not appropriate in the workplace. The City acknowledges that this policy cannot possibly
predict all situations that might arise, and also recognizes that some employees are
exposed to disrespectful behavior, and even violence, by the very nature of their jobs.
Applicability
Maintaining a respectful work environment is a shared responsibility. This policy is
applicable to all City personnel including temporary and seasonal
employees, volunteers, and City Councilmembers.
Abusive Customer Behavior
While the City has a strong commitment to customer service, the City does not expect
that employees accept verbal abuse from any customer. An employee may request that a
supervisor intervene when a customer is abusive, or they may defuse the situation
themselves, including ending the contact.
If there is a concern over the possibility of physical violence, a supervisor should be
contacted immediately. When extreme conditions dictate, 911 may be called. Employees
should leave the area immediately when violence is imminent unless their duties require
them to remain. Employees must notify their supervisor about the incident as soon as
possible.
Types of Disrespectful Behavior
The following types of behaviors cause a disruption in the workplace and are, in many
instances, unlawful:
Violent behavior:
ilncludes the use of physical force, harassment, bullying or intimidation.
Discriminatory behavior:
i1ncludes inappropriate remarks about or conduct related to a person's race, color, creed,
religion, national origin, disability, sex, marital status, age, sexual orientation, familial
status, or status with regard to public assistance.
Offensive behavior:
titMay include such actions as: rudeness, angry outbursts, inappropriate humor, vulgar
obscenities, name calling, disparaging language, or any other behavior regarded as
offensive to a reasonable person based upon violent or discriminatory behavior as listed
above. It is not possible to anticipate in this policy every example of offensive behavior.
Accordingly, employees are encouraged to discuss with their fellow employees and
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supervisor what is regarded as offensive, taking into account the sensibilities of
employees and the possibility of public reaction. Although the standard for how
employees treat each other and the general public will be the same throughout the City,
there may be differences between work groups about what is appropriate in other
circumstances unique to a work group. If an employee is unsure whether a particular
behavior is appropriate, the employee should request clarification from their supervisor
or the rector of Adffiinisti=ative Sei=6 e�RCity Administrator, or their -designee.
Sexual harassment:
eCan consist of a wide range of unwanted and unwelcome sexually directed behavior
such as unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature when:
• Submitting to the conduct is made either explicitly or implicitly a term or condition of
an individual's employment; or
• Submitting to or rejecting the conduct is used as the basis for an employment decision
affecting an individual's employment; or
• Such conduct has the purpose or result of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile or offensive work
environment.
Sexual harassment includes, but is not limited to, the following:
• Unwelcome or unwanted sexual advances. This means stalking, patting, pinching,
brushing up against, hugging, cornering, kissing, fondling or any other similar physical
contact considered unacceptable by another individual.
• Verbal or written abuse, kidding, or comments that are sexually -oriented and
considered unacceptable by another individual. This includes comments about an
individual's body or appearance where such comments go beyond mere courtesy,
telling "dirty jokes" or any other tasteless, sexually oriented comments, innuendos or
actions that offend others.
• Requests or demands for sexual favors. This includes subtle or obvious expectations,
pressures, or requests for any type of sexual favor, along with an implied or specific
promise of favorable treatment (or negative consequence) concerning one's current or
future job.
Possession and Use of Dangerous Weapons
Possession or use of a dangerous weapon (see definitions) is prohibited on City property,
in city vehicles, or in any personal vehicle, which is being used for City business. This
includes employees with valid permits to carry firearms.
The following exceptions to the dangerous weapons prohibition are as follows:
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• Employees legally in possession of a firearm for which the employee holds a valid
permit, if required, and said firearm is secured within an attended personal vehicle or
concealed from view within a locked unattended personal vehicle while that person is
working on City property.
• A person who is showing or transferring the weapon or firearm to a police officer as
part of an investigation.
• Police officers and employees who are in possession of a weapon or firearm in the
scope of their official duties.
Employee Resl2onse to Disrespectful Workplace Behavior
Employees who believe that disrespectful behavior is occurring are encouraged to deal
with the situation in one of the ways listed below. However, if the allegations involve
violent behavior, sexual harassment, or discriminatory behavior, then the employee is
responsible for taking one of the actions below. If employees see or overhear a violation
of this policy, they are encouraged to follow the steps below.
Ste 1(a). Politely, but firmly, tell whoever is engaging in the disrespectful behavior how
you feel about their actions. Politely request the person to stop the behavior because you
feel intimidated, offended, or uncomfortable. If practical, bring a witness with you for
this discussion.
Ste 1(b . If you fear adverse consequences could result from telling the offender or if
the matter is not resolved by direct contact, go to your supervisor or City Administrator.
The person to whom you speak is responsible for documenting the issues and for giving
you a status report on the matter no later than ten business days after your report.
Ste 1(c). In the case of violent behavior, all employees are required to report the
incident immediately to their supervisor, Difeetot= of e d ffi t4st .tree Se f6ee, C4
Administrator, ,gr- the City ° .ffiinistr- t v Any employee who observes sexual harassment
or discriminatory behavior, or receives any reliable information about such conduct, must
report it within two business days to a supervisor or the Dit=ee*o" of ° a.l4f- ist- M:�r
SefvieesCity Administrator..
Step 2. If, after what is considered to be a reasonable length of time (for example, 30
days), you believe inadequate action is being taken to resolve your complaint/ concern,
the next step is to report the incident to the City Administrator or the Mayor.
Supervisor's Resnonse to AlleLyations of Disresnectful Worknlace Behavior
Employees who have a complaint of disrespectful workplace behavior will be taken
seriously. In the case of sexual harassment or discriminatory behavior, a supervisor must
report the allegations within two business days to the Dii=ee*o" of ° a.....ii-tistl t'v
Ser=iees,City Administrator —who will determine whether an investigation is warranted. A
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supervisor must act upon such a report even if requested otherwise by the victim. In
situations other than sexual harassment and discriminatory behavior, supervisors will use
the following guidelines when an allegation is reported:
Step 1. If the nature of the allegations and the wishes of the victim warrant a simple
intervention, the supervisor may choose to handle the matter informally. The supervisor
may conduct a coaching session with the offender, explaining the impact of his/her
actions and requiring that the conduct not reoccur. This approach is particularly
appropriate when there is some ambiguity about whether the conduct was disrespectful.
Step 2. If a formal investigation is warranted, the individual alleging a violation of this
policy will be interviewed to discuss the nature of the allegations. The person being
interviewed may have someone of his/her own choosing present during the interview.
The investigator will obtain the following description of the incident, including date, time
and place:
• Corroborating evidence.
• A list of witnesses.
• Identification of the offender.
Step 3. The supervisor must notify the Teeter- of ° ffii istrat --e Seizvi esC4
akoa+Administrator about the allegations.
Step 4. As soon as practical after receiving the written or verbal complaint, the alleged
policy violator will be informed of the allegations. The alleged violator will have the
opportunity to answer questions and respond to the allegations.
Step 5. After adequate investigation and consultation with the appropriate personnel, a
decision will be made regarding whether or not disciplinary action will be taken.
Step 6. The alleged violator and complainant will be advised of the findings and
conclusions as soon as practicable.
Special Reporting Requirements
When the supervisor is perceived to be the cause of a disrespectful workplace behavior
incident, a report will be made to the meet of ° a.... inistvati-e , c„y4e sj:4
vA,eAdministrator who will assume the responsibility for investigation and discipline.
If the meet t= of ° a.f,:nisticative Set=vi esCLty 4sAdministrator is perceived to be the
cause of a disrespectful workplace behavior incident, a report will be made to the City
Attorney who will then assume the responsibility for investigation and
discipline. If the City Administrator is perceived to be the cause of a disrespectful
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workplace behavior incident a report will be made to the City Attorney who will confer
with the Mayor and City Council regarding appropriate investigation and action.
If a councilmember is perceived to be the cause of a disrespectful workplace behavior
incident involving City personnel, the report will be made to the Direetor- of
AffefvieesCLty-Administrator and referred to the City Attorney who will
undertake the necessary investigation. The City Attorney will report his/her findings to
the City Council, which will take the action it deems appropriate.
Pending completion of the investigation, the City Administrator may at his/her discretion
take appropriate action to protect the alleged victim, other employees, or citizens.
Confidentiality
A person reporting or witnessing a violation of this policy cannot be guaranteed
anonymity. The person's name and statements may have to be provided to the alleged
offender. All complaints and investigative materials will be contained in a file separate
from the involved employees' personnel files. If disciplinary action does result from the
investigation, the results of the disciplinary action will then become a part of the
employee(s) personnel file(s).
Retaliation
Consistent with the terms of applicable statutes and City personnel policies, the City may
discipline any individual who retaliates against any person who reports alleged violations
of this policy. The City may also discipline any individual who retaliates against any
participant in an investigation, proceeding or hearing relating to the report of alleged
violations. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or
harassment.
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DISCIPLINARY ACTION
The City of Arden Hills employees are expected to maintain a high level of performance.
In the event job performance or behavior causes problems that interfere with work,
provision of City services or the management of the City, disciplinary measures which
could lead to termination may be necessary.
Supervisors are responsible for maintaining compliance with City standards of employee
conduct. The objective of this policy is to establish a standard process for employees of
the City. City employees will be subject to disciplinary action for failure to fulfill their
duties and responsibilities at the level required, including observance of work rules and
standards of conduct and applicable City policies.
Discipline will be administered in a non-discriminatory manner. An employee who believes
that discipline applied was either unjust or disproportionate to the offense committed may
pursue a remedy through the grievance procedures established in the City's personnel
policies. The supervisor and/or the Difeetota of ° aff iiii."ativ„ cefv4c-esCi
Administrator, or their designee, will investigate any allegation on which disciplinary action
might be based before any disciplinary action is taken.
NO CONTRACT LANGUAGE ESTABLISHED
This policy is not to be construed as contractual terms and is intended to serve only as a
guide for employment discipline.
Process
The City may elect to use progressive discipline, a system of escalating responses
intended to correct the negative behavior rather than to punish the employee. There may
be circumstances that warrant deviation from the suggested order or where progressive
discipline is not appropriate. Nothing in these personnel policies implies that any City
employee has a contractual right or guarantee (also known as a property right) to the job
he/she performs.
Documentation of disciplinary action taken will be placed in the employee's personnel
file with a copy provided to the employee.
The following are descriptions of the types of disciplinary actions:
Oral Reprimand
This measure will be used where informal discussions with the employee's supervisor
have not resolved the matter. All supervisors have the ability to issue oral reprimands
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without prior approval.
Oral reprimands are normally given for first infractions on minor offenses to clarify
expectations and put the employee on notice that the performance or behavior needs to
change, and what the change must be. The supervisor will document the oral reprimand
including date(s) and a summary of discussion and corrective action needed. This report
will be filed with Human Resources.
Written Reprimand
A written reprimand is more serious and may follow an oral reprimand when the
problem is not corrected or the behavior has not consistently improved in a reasonable
period of time. Serious infractions may require skipping either the oral or written
reprimand, or both. Written reprimands are issued by the supervisor with prior approval
from the City Administrator.
A written reprimand will: (1) state what did happen; (2) state what should have happened;
(3) identify the policy, directive or performance expectation that was not followed; (4)
provide history, if any, on the issue; (5) state goals, including timetables, and expectations
for the future; and (6) indicate consequences of recurrence.
Employees will be given a copy of the reprimand to sign acknowledging its receipt.
Employees' signatures do not mean the employee agrees with the reprimand. Written
reprimands will be placed in the employee's personnel file.
Suspension With or Without Pay
The City Administrator may suspend an employee without pay for disciplinary reasons.
Suspension without pay may be followed with immediate dismissal as deemed
appropriate by the City Council, except in the case of veterans. Qualified veterans will not
be suspended without pay in conjunction with a termination.
The employee will be notified in writing of the reason for the suspension either prior to
the suspension or shortly thereafter. A copy of the letter of suspension will be placed in
the employee's personnel file.
An employee may be suspended or placed on involuntary leave of absence pending an
investigation of an allegation involving that employee. The leave may be with or without
pay depending on a number of factors including the nature of the allegations. If the
allegation is proven false after the investigation, the relevant written documents will be
removed from the employee's personnel file and the employee will receive any
compensation and benefits due had the suspension not taken place.
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Demotion and/or Transfer
An employee may be demoted or transferred if attempts at resolving an issue have failed
and the City Administrator determines a demotion or transfer to be the best solution to
the problem. The employee must be qualified for the position to which they are being
demoted or transferred. The City Council must approve this action.
Salary
An employee's salary increase may be withheld or the salary may be decreased due to
performance deficiencies.
Dismissal
The City Administrator, with the approval of the City Council, may dismiss an employee
for substandard work performance, serious misconduct, or behavior not in keeping with
City standards.
If the disciplinary action involves the removal of a qualified veteran, the appropriate
hearing notice will be provided and all rights will be afforded the veteran in accordance
with Minnesota law.
GRIEVANCE PROCEDURE
Any dispute between an employee and the City relative to the application, meaning or
interpretation of these personnel policies will be settled in the following manner:
Step 1. The employee must present the grievance in writing, stating the nature of the
grievance, the facts on which it is based, the provision or provisions of the personnel
policies allegedly violated and the remedy requested, to the proper supervisor within ten
(10) days after the alleged violation or dispute has occurred. The supervisor will respond
to the employee in writing within seven (7) calendar days.
Step 2. If the grievance has not been settled in accordance with Step 1, it must be presented
in writing, stating the nature of the grievance, the facts on which it is based, the provision
or provisions of the Personnel Policies allegedly violated, and the remedy requested, by the
employee to the mieetar of d ffii is"itti-ee Sefviee iapprol2riate Department Head, within
seven (7) days after the supervisor's response is due. The meet f of ° a.. i, -ii tt
Sefy ees ar his her- aesi -ne Department Head will respond to the employee in writing
within seven (7) calendar days. Should the complaint involve the Direeter e
Adffiinistfafive Se fy ,Department Head then the employee should proceed directly to
Step 3. If there is not an applicable Department Head then the employee should also
proceed directly to Step 3.
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Step 3. If the grievance has not been settled in accordance with Step 2, its must be
presented in writing, stating the nature of the grievance, the facts on which it is based, the
provision or provisions of the Personnel Policies allegedly violated, and the remedy
requested, by the employee to the City Administrator within seven (7) calendar days after
receipt of the reply from the Dir-eete Ser-vieesDepartment Head,. The
City Administrator will respond to the employee in writing within seven (7) calendar days.
The decision of the City Administrator is final for all disputes with exception of those
specific components in a performance evaluation subject to a challenge through the
Minnesota Department of Administration.
Waiver
If a grievance is not presented within the time limits set forth above, it will be considered
"waived." If a grievance is not appealed to the next step in the specified time limit or any
agreed extension thereof, it will be considered settled on the basis of the City's last
answer. If the City does not answer a grievance or an appeal within the specified time
Emits, the employee may elect to treat the grievance as denied at that step and
immediately appeal the grievance to the next step. The time limit in each step may be
extended by mutual agreement of the City and the employee without prejudice to either
party.
The following actions are not grievable:
1. While certain components of a performance evaluation, such as disputed facts
reported to be incomplete or inaccurate are challengeable, other performance
evaluation data, including subjective assessments, are not.
2. Pay increases or lack thereof; and
3. Merit pay awards.
The above list is not meant to be all inclusive or exhaustive.
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SEVERABILITY
Each provision of the Personnel Policy is deemed severable from every other provision.
Any provision of the Personnel Policy found to be invalid or void shall not affect the
validity of the remaining provisions, unless the Court finds any remaining provisions,
standing alone, incomplete and incapable of being executed in accordance with the
Council's intent.
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EMPLOYEE ASSISTANCE PROGRAM
The City of Arden Hills offers its employees and their dependents a CO IDENTIAL
Employee Assistance Programs (EAP) are available to help employees and their
dependents with:
• Relationship issues
• Separation and divorce concerns
• Alcohol or chemical abuse problems
• Work concerns
• Loss and grief
• Financial crisis, problems with creditors
• Depression and anxiety
• Parent/child difficulties
• Many other life concerns
Arden Hills employees are urged to refer to the EAP brochures for location, program and
service information.
The Citv also has an Organizational Assistance Program (OAP) for personnel or work
related matters including but not limited to: professional tension or conflict,12erformance
related matters and a variety of other work-related challenges or difficulties If work related
matters or professional interactions have become difficult, the city has asked for a Sand
Creek OAP Consultant to assist both staff and management related to these types of issues.
Organization Emolovee/Management SuiDoort may include items. such as. the following:
• Change management
• Dispute resolution
• Facilitated group work sessions
• Leadership development
• Organizational/Department climate assessment
• Profile/Assessment delivery
• Professional development training
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EMAIL POLICY AND INTERNET
Purposes
The purposes of the City of Arden Hill's electronic mail (e-mail)and the internet, are to
provide an efficient and effective means of internal and external communications and to
improve work product. This policy addresses access to and disclosure of information from
such electronic systems.
This policy serves as notice to the employees, volunteers, and contractors of the City that
all data, including any that is stored or printed as a document, is subject to audit and review.
There is no expectation of personal privacy in the use of the internet, cell phones, and e-
mail systems when using the computers, cell phones, or services provided by the City.
Finally, this policy serves to delineate acceptable use of eke -awe -mail and internet systems
by City employees, volunteers, and contractors (collectively also referred to as "users" or
"employees") while using government owned/leased equipment, facilities, internet
addresses, domain names, and/or e-mail services registered to or provided by the City of
Arden Hills. It seeks to ensure that the use of the internet and e-mail systems by City
employees, volunteers, and contractors while conducting work for the City and/or while
using City provided systems is consistent with the City's policies, all applicable laws, and
the individual user's job responsibilities.
Statement of Policy
The City promotes e-mail and internet use that enables employees, volunteers, and
contractors to perform City missions and encourages its employees, volunteers, and
contractors to develop skill in the usage of internet and e-mail. It is expected that employees
will use the e-mail and internet to improve their job knowledge; to access scientific,
technical, and other information on topics which have relevance to the City; and to
communicate with their peers in other government agencies, academia, and industry on
matters of relevance to their work for the City.
Responsible Use
Email and internet are critical mechanisms for government communications. However,
the improper use of email and internet systems and services can compromise the security
of the network or result in legal liability for the City. As a result, the provision of email
and internet to an employee is a privilege, not a right and must be used with respect and in
accordance with the goals and policies of the City. Users e ftd-eised not to the ttse '-'� �
Scope
This policy applies to email and internet systems:
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1. That are owned or leased by the City,
2. That are used on or accessed from City premises, or that are used for City
business. This policy also applies to all activities using any City paid accounts,
subscriptions, or other technical services, such as internet access and e-mail,
whether or not the activities are conducted from City premises; and all full or
part-time employees of the City, volunteers, and contractors who are
authorized to use City resources to access the internet or e-mail systems.
Information is not Private
Data stored within email or internet systems remain at all times, the property of the City.
As such, all messages created, sent, or retrieved over the in, e.ie cit internet or the City's e-
mail system are the property of the City, and should not be considered private. Employees
have no right to privacy as to any information or file transmitted through or stored in the
city's computer systems, cell phones, e-mail, or other technical resources.
Monitoring and Disclosure
The City reserves the right to access, retrieve, read, and disclose any data, messages, or files
stored on City funded systems for any purpose. Employees should be aware that, even
when a message is erased or a visit to a web site is closed, it is still possible to re ereafere-
create the message or locate the web site. The City reserves the right to monitor the use of
the systems to prevent abuse, enforce other policies, and access information. Access may
occur in, but is not limited to, situations indicating: (1) impropriety, (2) violation of a City
policy, (3) legal requirements, (4) suspected criminal activities, (5) breach of system security,
(6) to locate substantive information or to monitor employee performance and conduct.
The contents of these systems may be disclosed by City management within or outside the
City without employee permission. Furthermore, all communications including text and
images may be disclosed to law enforcement or other third parties without prior consent
of the sender or receiver. The City has unlimited access to protect the security of these
systems and the City's property rights.
Consent
All of the City employees, volunteers, and contractors who are provided access to the City's
internet and e-mail systems are required to abide by the City's policy contained here and in
other relevant documents.
Use of the Internet
The City provides internet access to some employees for their use in performing their
duties for the City. All City employees are responsible for using internet resources in an
effective, ethical, and lawful manner. It is the City policy that internet resources, like other
City assets, be used for the benefit of the City. All internet use should be congruent with
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the City's overall government policies. The City reserves the right to monitor and/or log
all network activity with or without notice, including all web site communications, and
therefore, users should have no expectations of privacy in the use of these resources. Use
of the system in violation of this or other City policies is prohibited and may lead to
disciplinary action, up to and including termination.
Uses that are acceptable and encouraged:
1. Communications and information exchanges directly relating to the mission
and work tasks of the City;
2. Announcements of City procedures, meetings, policies, services, or activities;
3. Use for advisory, standards, research, analysis, professional development or
development activities directly related to the user's City job-related duties;
4. Use in applying for or administering grants or contracts for City programs
and activities.
Uses that are unacceptable: It is unacceptable for a user to access, use the City's email or
internet systems in a manner that:
1. Violates the City's policies, rules, or administrative orders;
2. Violates or infringes on the rights of any other person, including the right to
privacy without authorized permission;
3. Includes the sending of unreasonably large email attachments. The total size
of an individual email message sent or received (including an attachment)
must be 50 Mb or less (unless authorized by the Dire tei= of ° a.._..:~:.,w,.f:-_„
Sefv4eeF,City Administrator, or their designee, or IT);
4. Involves opening email attachments from ttekow-nunknown or unsigned
sources. Attachments are the primary source of computer viruses and should
be treated with utmost caution.
4:
5. Involves sharing email account passwords with another person, or attempting
to obtain another person's email account password. Email accounts are only
to be used by the registered user.
6. Excessive personal use of the City mail resources. The City allows limited
personal use for communication with family and €reidnsfriends, independent
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learning, and public service so long as it does not interfere with staff
productivity, pre-empt any business activity, or consume more than a trivial
amount of resources. The City prohibits use of its email systems and services
for unsolicited mass mailings, non -City commercial activity, political
campaigning, dissemination of chain letters, and use by non -employees.
7. Involves defamatory, false, inaccurate, abusive, obscene, pornographic,
profane, sexually oriented, threatening, racially offensive, or other biased,
discriminatory, or illegal material;
8. For any illegal purpose;
9. To download software without prior authorization of the network
administrator;
10. To download music, video, and related media files that have no business
purpose; or
11. To make any unauthorized purchases.
Copyrighted Material
Users may download copyrighted material, but its use must be strictly within the agreement
as posted by the author or current copyright law. The federal Copyright Act at 17 U.S.C.
101 et seq. (1988), protects and prohibits use of all original works of authorship in any
tangible medium of expression. This includes a prohibition on plagiarism (using someone
else's ideas or writing and passing it on as one's own).
Sending Emails for City Purposes. Employees should comply with the following
guidelines when sending emails for City business:
1. Avoid "carbon copying" individuals who have no direct involvement or
"need to know." Likewise, e-mail to all users should only be used on very rare
occasions when every person on the system has a direct need to know;
2. Avoid "forwarding" e-mail to a third party unless necessary (see "carbon
copying). When forwarding, explain the reason for the forwarding action and
edit out any potentially inappropriate contents. If in doubt about the
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appropriateness of forwarding a given piece of mail, check with the originator
for guidance;
3. When sending an e-mail requiring "action," be sure to indicate which mail
recipient(s) is/are to take action;
4. Do not "say" anything in an e-mail message that could prove embarrassing
or compromising to you, the City, or others. Each employee is responsible
for the content of all text, audio, or images they transmit;
5. Avoid potentially contentious exchanges through e-mail;
6. Confidential and sensitive information such as performance reviews,
disciplinary and/or corrective actions, attorney-client privileged information,
personnel information, private data as outlined in the Minnesota Government
Data Practices Act, and health or medical information should not be
communicated via e-mail; and
7. Use your common sense in determining when to use e-mail, in what is said,
and to whom. Remember that electronic communication is not private and
the City reserves the right to monitor and review all communications
originating from or entering its computer systems.
SharePoint Purpose and Use
The purpose of the City of Arden Hill's SharePoint is to communicate work and
employee information. SharePoint is an internal website designed exclusively for City of
Arden Hills employees.
SharePoint Content
The City's Information Technologies, HR and Communications staff oversee all aspects
of SharePoint, including content and design. Selected staff are expected to update
SharePoint pages and will receive necessary training to do so.
All employees may post announcements on the employee message board. This may
include (but is not limited to) the advertisement of personal items for sale, family
announcements, and general inquiries to staff, which can be done intermittently and not
a part of a business. Use of the message board is not to be used in any way as a forum to
communicate opinions or promote personal agendas of any kind. Personal
announcements about other employees may not be posted without their consent. All
entries are subject to removal if considered inappropriate for content, language, or any
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other reason.
E-mail Distribution Lists
The City's e-mail distribution lists generally are to be used for official City business only.
Distribution lists that include persons who are not City employees may not be used for
other purpose without the prior authorization of the City Administrator/Department
Director.
" ". Use of employee distribution lists
for non -official business should be infrequent and not be political or controversial in
nature. If they contain requests for donations of any sort, the sender must obtain the
prior approval of the City Administrator/Department Director.
COMPUTER USE
Most City business is conducted with the use of desktop, notebook computers, or cell
phones dedicated to a single user's activity. It is essential to protect City information
assets created, gathered, shared or stored with desktop, notebook computers, cell phones
related computer media (e.g.fla-,he.g. flash drives) and per4pher4a�12eripheral equipment
such as fax machines, printers and copiers.
General
1. The City will ensure reasonable physical safeguards to maintain desktop and
notebook computers and peripheral equipment in such a way to avoid
inadvertent disclosure of City information.
2. The City IT Department shall be responsible for secure installations,
configurations, distribution, management and removal from service, of City
desktop and notebook computers.
3. The City may withdraw permission of any or all business or personal uses of
its network or information systems at any time.
Securing Desktop and Notebook Computers.
1. When leaving a desktop or notebook computer unattended, users shall apply
the "Lock Workstation" feature (ctrl/alt/delete, enter) where systems allow.
2. Unattended desktop and notebook computers shall be secured from viewing
by password protected screen savers which should be set to automatically
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activate after a period of non-use. The period of non-use shall be for no
more than sixty (60) minutes.
3. Desktop computer users shall store confidential and sensitive information on
a networked drive (shared directory on the City network) and not the user's
hard drive.
4. Desktop and notebook computers and monitors shall be turned off at the
end of each workday unless instructed otherwise by the IT Department to
perform routine maintenance.
5. Desktop and notebook computer users shall not disable or alter security
safeguards, such as virus detection software, installed on City desktop or
notebook computers.
6. Additional security requirements may be required for computers containing
data governed by other applicable State and Federal laws including law
enforcement data and data associated with the Health Insurance Portability
and Accountability Act (HIPPA).
7. Employees shall immediately inform their Supervisor and the I.T. Help
Desk should they become aware of a possible security breech. This includes
knowledge of a password by someone not authorized to have it,
inappropriate demand to reveal a password, unauthorized access to a
system, and loss or theft of equipment or storage media (CDs, disks).
Physical Security Measures.
Physical security measures shall be used to secure notebooks, computer media, and other
forms of information storage media containing confidential or sensitive information.
1. Mobile notebook computers actively connected to the network or
information systems must not be left unattended.
2. Notebook computers left in a vehicle except in public works department
vehicles where the device is mounted to the vehicle console. If possible, the
notebook should be stored in a locked trunk. (Weather conditions should be
considered when leaving electronic equipment in a vehicle for long periods
of time.) Unattended vehicles shall be locked at all times.
3. Mobile notebook computers, computer media and any other forms of
removable storage (e.g. zip drives, flash drives, etc.) should be stored in a
secure location, attached to the workstation by locking cable or stored in a
locked cabinet when not in use.
4. O her information storage media containing confidential data such as paper,
files, tapes, etc. shall be stored in a secure location or locked cabinet when
not in use.
Peripheral Equipment.
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Peripheral equipment (e.g. printers, faxes, copiers) that store, produce and/or transfer
confidential or sensitive information shall be protected from inadvertent or unauthorized
access.
1. Fax machines that store or transmit confidential or sensitive information shall
be placed in secure locations and monitored.
2. All documents containing confidential or sensitive information shall be
cleared from printers and copiers immediately.
Unauthorized Software
1. Individual users shall not install or download software applications and/or
executable files to any City desktop or notebook computer without prior
authorization from the IT department.
2. The IT Department shall make available to users, a list of authorized and
accepted software and applications approved by the City.
Viruses
1. Desktop and notebook computer users shall not write, compile, copy,
knowingly propagate, execute, or attempt to introduce any computer code
designed to self -replicate, damage, or otherwise hinder the performance of
any computer system (e.g. virus, bacteria, worm, Trojan horse, or the like).
2. Suspected viruses should be reported immediately to the IT Department.
3. Viruses shall not be deleted without expert assistance unless instructed by the
IT Department.
4. Individual employees are responsible for verifying that disks and other
storage media used or received from outside computers are scanned for
viruses prior to their use on City computers. Please request assistance if you
are unsure of how to scan files, disks, or related storage media for viruses.
Monitoring of desktop and notebook computers.
The City reserves the right to monitor individual user desktop and notebook computers at
random or for cause.
Technical Security.
Desktop and notebook computers shall be configured to reduce the risk of inadvertent or
unauthorized access to City information and systems.
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1. All City desktop and notebook computers shall be configured according to
City desktop and notebook configuration standards.
2. Without exception, a user's standard login account cannot be a member of
the local machine administrator's group on the user's assigned desktop or
notebook computer.
3. User identification (name) and authentication (password) shall be required to
access the operating system of all desktop and notebook computers whenever
turned on or booted.
4. Local hard drives shall not be accessible when a desktop or notebook
computer is booted from mobile media, e.g., a diskette or compact disk.
5. City standard virus detection software shall be installed on all desktop and
notebook computers, mobile, and remote devices and shall be configured to
check files when read and routinely scan the system for viruses.
6. Desktop and notebook computers shall be configured to log all significant
computer security relevant events. (e.g. password guessing, unauthorized
access attempts or modifications to applications or systems software.)
Policy exceptions.
The IT Department Network Manager shall be authorized to approve or deny policy
exceptions regarding elements of any security policy. Policy exception ire uest shall
be submitted electronically or in hard copy form to the Network Manager.
Privacy
Employees who use the City's computer system are not guaranteed privacy or
confidentiality. All files and documents stored on City -owned equipment and media,
including personal messages and internet usage logs, are subject to monitoring by City
management and may also be viewed by City I.T. staff as a consequence of performing
their duties.
Employees must respect the confidentiality of other people's electronic
communications and may not attempt to read, "hack" into other systems or other
people's accounts, or "crack" passwords, or breach computer or network security
measures, or monitor electronic files or communications of other employees or third
parties except by explicit direction of City management.
Public Records & Accessibility
Electronic files, documents and messages, are a public record and subject to public
record r-egu_ft_ans,,-te regulations, such as the Minnesota Government Data Practices
Act, with respect to inspection and disclosure, and scheduled retention and disposition.
Electronic files that store e-mail messages and other documents are the City's property.
Employees should be aware that the City has the same right to access electronic files
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stored on City computers as it does files stored in an employee's desk or workstation.
Sensitive or uersonal documents or messages should not be sent or stored on the-dke
City's computer system.
Use of Personal Computing Devices for City Business
Electronic files, documents and messages, are a public record and subject to public
record regulations such as the Minnesota Government Data Practices Act even when
created, stored or kept on an employee's personal computing device, such as a cellular
phone. Employees who use personal computing devices for city business should be
aware that the employee's personal devices could be searched for data subject to the
Minnesota Government Data Practices Act.
Use of Equipment
Allowable uses of electronic systems and information include the following, to the
extent that these uses are for the purpose of conducting City of Arden Hills business:
• to facilitate performance of job functions;
• to facilitate the communication of information in a timely manner;
• to coordinate meetings of individuals, locations and City resources;
• to communicate with other departments throughout the City;
• to communicate with outside organizations as required in order to perform an
employee's job functions.
Personal Use of Equipment and Systems
Limited personal use of the City's computer system, including e-mail, social media sites,
and the Internet is permitted. Personal use of the computer system shall follow the same
guidelines as apply to personal use of the telephone and other personal activities while on
duty. Such personal use must not consume large amounts of City resources. Employees
using electronic media and services for personal use waive any claims to privacy regarding
that usage. Excessive personal use is prohibited and will be subject to discipline. Personal
use of a City e-mail account must conform to the same professional standards as work-
related communications and may not be used for business ventures or illegal activities.
Employees need to be particularly sensitive to the content and interpretation of e-mail
messages sent from City accounts as the e-mail address is clearly identified with the City.
Excessive Usage
Electronic media and services should not be used in a manner that is likely to cause
network congestion or significantly hamper the ability of other people to access and use
the system. Continued impedance of other users through mass consumption of system
resources, after receipt of a request to cease such activity, is prohibited.
System Security
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City employees shall adhere to the following practices to protect the integrity and security
of the City's computer system:
• Employees may not install any modem, wireless access device, other external
connection or remote access hardware or software onto their City -provided
computer or any part of the City's network without the prior authorization of IT
staff and with approval of the Department Director.
• Employees may not disable any anti-virus, firewall, or other software or hardware
designed to prevent unauthorized access to the City's network and computers
without the prior authorization of IT staff and the City Administrator.
• Employees are responsible for maintaining the confidentiality of passwords.
Employees shall immediately inform their Supervisor and the I.T. Help Desk if
they know or have reason to suspect that any passwords have become known to a
person unauthorized to access the systems they protect.
Backing Up/Deleting Files
All files stored on the network will be backed up on a regular basis. Files that are stored on
ft a user's hard drive will not be backed up.
Ownership
The City's computers and other similar devices and information produced and stored on
the foregoing are the sole property of the City. The City has the exclusive rights to review,
retain, maintain, modify or delete files, messages and documents stored and created on a
City computer or device. This includes personal messages and files that reside on City
equipment and storage media. Employees may not distribute or copy City data without
proper authorization.
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PASSWORD POLICY
General
Effective February 29, 2016
Amended December 19, October 28 2019
1. Passwords must be changed every 90 days.
2. Passwords must be unique from the past 10 passwords (you cannot use the same
password as before).
3. Users will be notified by system prompts two weeks in advance of password
expiration date. At this time,_ users will be prompted to select a new password.
Password Construction Guidelines
Passwords are used to access any number of City information systems, including the
network, database applications, email, and the Internet. Poorly designed passwords are
easily cracked, and put the entire system at risk. Therefore, strong passwords are necessary
to protect the integrity of the network data. Try to create a password that is also easy to
remember.
1. Passwords should not be based on well-known or easily accessible personal
information.
2. Passwords must contain at least 8 characters. A strong password would contain the
following:
• Contain characters from three of the following four categories:
• English uppercase characters (A through Z)
• English lowercase characters (a through z)
• Base 10 digits (0 through 9)
• Non -alphabetic characters (for example, !, $, #, %)
• Complexity requirements are enforced when passwords are changed or
created.
3. Passwords must not be based on an users' personal information or that of his or her
friends, family members, or pets. Personal information includes logon I.D., name,
birthday, address, phone number, social security number, or any permutations
thereof.
4. Passwords must not be words that can be found in a standard dictionary (English
or foreign) or are publicly known slang or jargon.
5. Passwords must not be based on publicly known fictional characters from books,
films, and so on.
6. Passwords must not be based on the company's name or geographical location.
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Password Protection Guidelines
1. Passwords should be treated as confidential information. No employee is to give,
tell, or hint at their password to another person, including IT staff, administrators,
superiors, other co-workers, friends, and family members, under any circumstances.
2. If someone demands your password, refer them to this policy or have them contact
the IT Department.
3. Passwords are not to be transmitted electronically over the unprotected Internet,
such as via e-mail. However, passwords may be used to gain remote access to
company resources via the City's IPsec-secured Virtual Private Network or SSL -
protected Web site.
4. No employee is to keep an unsecured written record of his or her passwords, either
on paper or in an electronic file. If it proves necessarily to keep a record of a
password, then it must be kept in a controlled access safe if in hardcopy form or in
an encrypted file if in electronic form.
5. Do not use the "Remember Password" feature of applications.
6. Passwords used to gain access to City systems should not be used as passwords to
access non -City accounts or information.
7. If possible, don't use the same password to access multiple database or network
systems.
8. If an employee either knows or suspects that their password has been compromised,
it must be reported to the IT Department and the password changed immediately.
9. The IT Department may attempt to crack or guess users' passwords as part of it
ongoing security vulnerability auditing process. If a password is cracked or guessed
during one of these audits, the user will be required to change his or her password
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CELLULAR PHONE USE
This policy is intended to define acceptable and unacceptable uses of City issued cellular
telephones. Its application is to insuice ensure cellular phone usage is consistent with the
best interests of the City without unnecessary restriction of employees in the conduct of
their duties. This policy will be implemented to prevent the improper use or abuse of
cellular phones and to ensure that City employees exercise the highest standards of
propriety in their use.
General Policy
Cellular telephones are intended for the use of City employees in the conduct of their
work for the City. Supervisors are responsible for the cellular telephones assigned to their
employees and will exercise discretion in their use. Nothing in this policy will limit
supervisor discretion to allow reasonable and prudent personal use of such telephones or
equipment provided that:
• Its use in no way limits the conduct of work of the employee or other employees.
• No personal profit is gained or outside employment is served.
An employee will not be reimbursed for business-related calls without prior authorization
from his/her supervisor. Supervisors may also prohibit employees from carrying their
own personal cell phones during working hours if it interferes with the performance of
their job duties.
Use of public resources by City employees for personal gain and/or private use including,
but not limited to, outside employment or political campaign purposes, is prohibited and
subject to disciplinary action which may include termination and/or criminal prosecution,
depending on the circumstances. Incidental and occasional personal use may be
permitted with the consent of the supervisor.
Personal calls will be made or received only when absolutely necessary. Such calls must
not interfere with working operations and are to be completed as quickly as possible. In
cases where the City does not regard accounting for personal calls to be unreasonable or
administratively impractical due to the minimal cost involved, personal calls made by
employees on a City -provided cellular phone must be paid for by the employee through
reimbursement to the City based on actual cost listed on the City's phone bill.
Use of Personal Cellular Phone for City Business
Electronic files, documents and messages, are a public record and subject to public
record regulations such as the Minnesota Government Data Practices Act even when
created, stored or kept on an employee's personal computing device, such as a cellular
phone. Employees who use personal computing devices for city business should be
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aware that the employee's personal devices could be searched for data subject to the
Minnesota Government Data Practices Act.
Procedures
It is the objective of the City to prevent and correct any abuse or misuse of cellular
telephones through the application of this policy. Employees who abuse or misuse such
telephones may be subject to disciplinary action.
Responsibility
The teeter e€,kdninistr-ft4- e c en- ee-RCity Administrator, or their designee,
desigftee, will have primary responsibility for implementation and coordination of this
policy. All supervisors will be responsible for enforcement within their departments.
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SOCIAL MEDIA USE POLICY
Introduction
The City of Arden Hills will determine, at its discretion, how its web -based social media
and online community presence will be designed, implemented, and managed as part of its
overall communications and information technology strategies and functions. City
government social media and other web -based resources may be modified or removed by
the City at any time and without notice, as necessary to maintain the integrity of both
communications and information technology functions.
Purpose
It is the intent of the City of Arden Hills to represent itself appropriately, consistently, and
positively on the internet. Collaborative technologies are fundamentally changing how
information is provided, received, and how the City can engage its citizens. To aid in
meeting the goals of the City, the purpose of this policy is to establish procedures for
creating and maintaining a social media and online community presence which is in accord
with policies and directives established by City management. It also provides guidelines
and standards for individual employees regarding the use of social media for
communication with citizens, colleagues, and the world at large.
Scope
This policy applies to any existing or proposed social media websites and online community
accounts created by City employees during the course and scope of their employment, and
includes all sites and accounts described in this policy. This policy does not govern
personal use of social media websites during work hours. The Computer Use Policy
governs personal use of social media.
Definitions
"City Social Media" — Typically a mobile -based tool for sharing and discussing
information. Focus on creating and fostering online social communities for a specific
purpose and connecting users from varying locations and interest areas.
"Social Media Websites" — Typically a mobile -based tool for sharing and discussing
information. Focus on creating and fostering online social communities for a specific
purpose and connecting users from varying locations and interest areas.
"Social Networking" — Offers a way for registered users to communicate with each
other on the internet, usually offering many ways to connect to other registered users.
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These websites fall under four categories:
• Conversation — blogs, message boards, Twitter
• Social Networking — Facebook, Myspace, LinkedIn
• Content Sharing — YouTube, Flickr, Digg, Delicious
• Collaboration — Wikipedia, Micropublishing
These websites can offer many different ways for users to interface such as instant
messaging, blogging and commenting, microblogging, status updates, online forums,
website link sharing, video conferencing, sharing photos, videos, etc.
"Microblogging (Twitter)" — This is a form of blogging that allows registered users
to post short updates (140 characters or less) about themselves and their activities.
General Standards
The City of Arden Hills' social media websites and online community accounts and
their associated content should focus on significant City interest areas and be organized
in a manner that avoids duplication, ambiguities, and/or conflicting information.
Social Media Web Site Responsibility
It is the responsibility of the Direete~ ef Finftiiee fted ° d ffi iiist ftt �e Sefvet C
Administrator, or their designee, or h-slher designee to ensure all City policies are
followed when employees are establishing a City of Arden Hills social media site or the
applicable Department Director when interacting with social media sites in the course of
the employee's scheduled work.
1. All postings to City of Arden Hills social media sites may be subject to review by
the City Clerk, Department Director (as applicable) and/or the City Administrator
and may be deleted without notice.
2. Additional or significantly amended social media websites, intended to be
established for the benefit of the City of Arden Hills via individual employees or
departments, must be approved by the Difeetot= of° affi ii -t ..n=ative Se fv e sC4
Administrator, or their designee, - - h_s she- designee ° _na the Cit- affi_nis"�� v
The employee is responsible for providing documentation on the benefits of using
social media networks for their specific job functions as justification for approval
of the additional or significantly amended social media sites. It is the responsibility
of the employee's supervisor to review work impacts to assure that using social
media does not negatively affect the employee's day-to-day job performance.
3. Administration of all social media websites and online community accounts must
comply with applicable laws, regulations and policies as well as proper business
etiquette.
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4. City social media accounts accessed and utilized during the course and scope of an
employee's performance of his/her job duties may not be used for private or
personal purposes or for the purpose of expressing private or personal views on
personal, political or policy issues or to express personal views or concerns
pertaining to City employment relations matters.
5. City of Arden Hills social media and online community website accounts are
considered a City asset and logins to these accounts must be securely administered
in accordance with City computer security policies. The City Clerk must be an
administrator on all City website accounts. The City reserves the right to shut
down any of its social media sites or accounts for any reason without notice.
6. A social media website and online community accounts shall not be used by the
City or any City employee or representative to disclose sensitive and/or
confidential information without the prior approval of the City Administrator.
7. All social media websites and online community accounts created and utilized
during the course and scope of an employee's performance of his/her job duties
will be identified as belonging to the City of Arden Hills, including the City logo,
as well as a link to the City's official website.
8. O ly City employees can administer City social media sites.
Social Media Guidelines
Adhere to your area of business expertise and provide information on your current
activities and those of your industry.
2. Post meaningful, respectful comments that promote collaboration and sharing. Do
not spam, inflame, or make comments that are offensive.
Posting may include:
a. City events
b. City partner events
c. Special events will be considered on a case-by-case basis
• Posting not allowed:
a. Sales at retail stores
b. Political Commentary
3. Always think before posting; if it causes you to pause or question if it is
appropriate, it most likely should not be posted.
4. Respect proprietary information, content and confidentiality. Give credit to
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appropriate persons when required or appropriate.
5. Reply to comments in a timely manner, when a response is appropriate.
Understand that quality communication is important, so engage appropriately.
6. Be transparent as to who you are and who you represent. Be clear about your role
for the City of Arden Hills so as to identify your vested interest in the information
you share.
7. Be aware that just by identifying yourself as a City of Arden Hills' employee, you
are creating perceptions about yourself and about the City. Be sure all content
associated with you is consistent with your work and the City's professional
standards.
8. Know and follow the City's rules for conduct, Computer Use & Security Policy
and the Social Media Use Policy.
9. Be aware that some information is confidential and/or sensitive until deemed
available for public release. Employees are expected to maintain this
confidentiality.
10. Add value and excitement to the online community. Your statements and posts
should provide the community with information to improve their knowledge,
skills, solve problems, or to understand City government and community activities
better.
11. Social media is a conversation, so talk to the community as you would a real
person in a professional situation. Be a leader while communicating and do not
create incendiary statements to inflame others. Be careful and considerate of other
points of view.
• Posting guidelines:
a. No more than 1 o 2 posts per day on the site.
b. Please keep sites updated.
c. Posts should include a colorful picture or link if possible to
another site to promote interest.
d. Post events as close to the date of the event as possible. At the
very least, post a reminder close to the event.
• Guidelines for responses to posts:
a. The City will delete any responses containing profanity, vulgarity,
or which are demeaning or inflammatory to other people.
b. Document deleted posts (save thread to a file), along with specific
reason for deleting.
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• Use Facebook as a photo repository for City events — gives fans a reason
to join and something to look at.
Policy Violations
Violations of this Policy will subject the employee to disciplinary action up to and
including discharge from employment.
Exceptions/Changes
This policy replaces all previous policies covering the same or similar topics except as
provided for in Arden Hills' Personnel Policies. Exceptions to this policy may be granted
only by the City Administrator. This policy may be reviewed and changed at any time.
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fit ILN HILLS
COMMUNICATIONS
Introduction
Effective February 29, 2016
Amended December 19, October 28 2019
The City of Arden Hills strives to provide the public accurate and timely information,
communicated in a professional manner, and in accordance with the laws regarding
public information and data practices.
This policy provides guidelines for all external communications from the City using
various mediums including, but not limited to:
• Printed materials such as newsletters, articles, and brochures.
• Electronic materials such as email, postings to web sites or social media sites.
• Media relations such as requests for interviews, news releases, and media requests.
The City also recognizes that employees may sometimes comment on City matters
outside of their official role as an employee for the City of Arden Hills. Therefore, this
policy also provides guidelines for employees when communicating as a private citizen
on matters pertaining to City business.
Policy
General Guidelines for all Communications (Oficial and Personal)
All City employees have a responsibility to help communicate accurate and timely
information to the public in a professional manner. Any employee who identifies a
mistake in reporting should bring the error to the Department Director, City
Administrator, or other appropriate staff. Regardless of whether the communication is
in the employee's official City role or in a personal capacity, employees must comply
with all laws related to trademark, copyright, software use etc. Employees must also
follow all City policies that may apply. Examples of relevant policies include:
• Computer Use Policy
• Data Practices Policy
• Political Activity Policy
• Social Media Use Policy
Additional Guidelines for Official City Communications
Handling General Requests:
All staff is responsible for communicating basic and routine information to the public
in relation to their specific job duties. Requests for private data or information outside
of the scope of an individual's job duties should be routed to the appropriate
department or to the data practices authority.
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Handling Media Requests:
With the exception of routine events and basic information that is readily available to the
public, all requests for interviews or information from the media are to be routed through
the Department Director or City Administrator. Media requests include anything
intended to be published or viewable to others in some form such as television, radio,
newspapers, newsletters, and websites. When responding to media requests, employees
should follow these steps:
• If the request is for routine or public information (such as a meeting time or
agenda) provide the information and notify the Department Director of the
request.
• If the request is regarding information about City personnel, potential litigation,
controversial issues, an opinion on a City matter, or if you are unsure if it is a
"routine" question, forward the request to the Department Director or City
Administrator. An appropriate response would be, "I'm sorry, I don't have the full
information regarding that issue. Let me take some basic information and submit
your request to the appropriate person who will get back to you as soon as he/she
can." Ask the media representative's name, questions, deadline, and contact
information.
Communicating on behalf of the City:
The City Administrator, Department Directors, and communications staff are
authorized to communicate on behalf of the City in interviews, publications, news
releases, on social media sites, and related communications. Other employees may
represent the City if approved by one of these individuals to communicate on a
specific topic. When speaking on behalf of the City:
• Employees must identify themselves as representing the City. Account names on
social media sites must clearly be connected to the City and approved by the
Department Director or City Administrator.
• O social media sites only an administrator of the site may respond to requests
and post comments.
• No employee is allowed to start a social media site for the City without prior
authorization from the Department Director and City Administrator.
• No employee is allowed to create a website and/or register a web address (URL)
for the City without prior authorization from the Department Director and City
Administrator. Approved URLs must be registered by the I.T. Division and
approved websites must be established by the Deputy Clerk.
• All information must be respectful, professional and truthful. Corrections must be
issued when needed.
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• Personal opinions generally do not belong in official City statements. One
exception is communications related to promoting a City service. For example, if
an employee posted on the City's Facebook page, "My family volunteered at the
Urban Wildlife half marathon and had a great time". Employees who have been
approved to use social media sites on behalf of the City should seek assistance
from the Department Director or City Administrator on this topic.
• Employees using their personal technology (cell phones, home computer, cameras,
ete�etc.) for City business should be aware that the data transmitted or stored may
be subject to the data practices act and legal proceedings.
Additional Guidelines for Personal Communications
It is important for employees to remember that the personal communications of
employees may reflect on the City, especially if employees are commenting on City
business. The following guidelines apply to personal communications including various
forms such as social media (Facebook, Twitter, blogs, YouTube, eteetc.), letters to the
editor of newspapers, and personal endorsements.
• Remember that what you write is public, and will be for a long time. It may also be
spread to large audiences. Use common sense when using email or social media
sites. It is a good idea to refrain from sending or posting information that you
would not want your boss or other employees to read, or that you would be
embarrassed to see in the newspaper.
• The City of Arden Hills expects its employees to be truthful, courteous and
respectful towards supervisors, coworkers, citizens, customers and other persons
associated with the City. Do not engage in name-calling or personal attacks.
• If you publish something related to City business, identify yourself and use a
disclaimer such as, "I am an employee of the City of Arden Hills. However, these
are my own opinions and do not represent those of the City of Arden Hills."
• City resources, working time, or official City positions cannot be used for personal
profit or business interests, or to participate in personal political activity. For
example, a building inspector could not use the City's logo, email, or working time
to promote his/her side business as a plumber.
• Personal social media account names or email names should not be tied to the
City.
Policy Violations
Violations of this policy will subject the employee to disciplinary action up to and
including discharge from employment.
Attachment B
City of Arden Hills
Personnel Policy
TABLE OF CONTENTS
-TilillEN _ 11LL5
Statementof Policy.......................................................................................... l
Definitions...................................................................................................
2-5
Purpose and Application..................................................................................6
Equal Employment Opportunity......................................................................7
EmployeeRecords...........................................................................................8
NewsReleases.................................................................................................8
Personnel Records and Forms.........................................................................9
BackgroundChecks.........................................................................................9
Recruitment and Selection.............................................................................10
Employment Guidelines..........................................................................
11-13
PoliticalActivity............................................................................................13
Employees Responsibilities...........................................................................14
Public Employee's Retirement Association (PERA)....................................15
RightTo Know.............................................................................................16
Drug -Free Workplace Policy...................................................................
17-27
CityProperty..................................................................................................28
City Branded Clothing Policy........................................................................28
City Vehicles and Equipment........................................................................29
CityDriving Policy........................................................................................29
BuildingSecurity...........................................................................................30
OutsideEmployment.....................................................................................31
Smoking.........................................................................................................32
Personal Communications and Use of Social Media ..............................
32-33
Compensation..........................................................................................
34-38
Benefits..........................................................................................................39
Post Employment Health Care Savings Plan ...........................................
39-40
Hoursof Work.........................................................................................
41-43
PersonalTime Off ...................................................................................
44-45
Exempt Employee Flex -Time Guidelines.....................................................46
Medical Certification.....................................................................................46
City ofArden Hills Personnel Policy Table of Contents
October 28, 2019
MilitaryLeave...............................................................................................47
FuneralLeave................................................................................................47
Elections/Time Off to Vote.....................................................................
47-48
JuryDuty........................................................................................................48
CourtAppearances.........................................................................................48
Victim of Witness Leave...............................................................................48
Job Related Injury or Illness..........................................................................49
LeavePolicies..........................................................................................
49-51
Family Medical Leave (FMLA)..............................................................
52-62
Reasonable Unpaid Work Time for Nursing Mothers..................................62
Light Duty/Modified Duty Assignment ..................................................
62-63
Reasonable Accommodations for Conditions Relating to Pregnancy
..........63
Resignations...................................................................................................
64
Layoffs...........................................................................................................64
Travel.............................................................................................................
65
Educational Reimbursement Policy........................................................
66-67
Professional Development Policy..................................................................68
Safety.......................................................................................................
69-70
Worker's Compensation Reporting...............................................................70
Respectful Workplace Policy..................................................................
71-75
Disciplinary Action and Grievance Procedure ........................................
76-79
Severability....................................................................................................80
Employee Assistance Program (EAP)...........................................................
81
Organizational Assistance Program (OAP)...................................................81
Email Policy and Internet........................................................................
82-86
ComputerUse..........................................................................................
87-92
PasswordPolicy.......................................................................................
93-94
Cellular Phone Use..................................................................................
95-96
Social Media Use Policy........................................................................
97-101
Communications..................................................................................
102-104
City ofArden Hills Personnel Policy Table of Contents
October 28, 2019
City of Arden Hills Personnel Policy '� Effective February 29, 2016
U1 N H11.1-5 Amended October 28, 2019
STATEMENT OF POLICY
The policies contained in this handbook should not be construed as contract terms for City
Employees. Nothing in this handbook, or in other City policies which may be
communicated to the employee, constitutes a contract of employment for any city
employee.
Any term and condition of employment shall remain solely within the discretion of the
City to modify, establish, or eliminate. The City of Arden Hills retains the full and
unrestricted right to operate and manage all personnel, facilities, and equipment; to
establish functions and programs; to set and amend budgets; to determine the utilization
of technology; to establish and modify the organizational structure; to select, direct, and
determine the number of personnel; to establish work schedules, and to perform any
inherent managerial function not specifically limited by current collective bargaining
agreements, these regulations, and City Council resolutions. These policies supersede all
previous personnel policies. Nothing in these policies is intended to modify or supersede
any applicable provision of State of Federal law.
1
City of Arden Hills Personnel Policy Effective February 29, 2016
Att !2�N Hu -i -s Amended October 28, 2019
DEFINITIONS
Anniversary Date- Benefits Shall mean the month and day of initial hiring of a
Full-time or Temporary employee.
Anniversary Date — Promotions Shall mean the month and day of a promotion
of a Full-time or Temporary employee.
Benefits Benefits shall mean indirect compensation granted
to employees.
Benefit Earning Employees Employees who are eligible for at least a pro -rated
portion of city -provided benefits. Such employees
must be year-round employees who work at least
20 hours per week on a regular basis. Except as
otherwise required by law, temporary and seasonal
employees are not benefit earning employees.
Benefit Year for PTO March 1 — February 28.
Certified Bargaining Unit Group of employees who have been determined
by the State to have a common interest in the
collective bargaining process and whose interest
has been determined as appropriate by the State.
Class A position or group of positions similar in respect
to their duties and responsibilities so that the same
title can reasonably be used and the same salary
schedule may be applied to the position.
Compensatory Time Time off from work for employees not exempt
from the provisions of the Fair Labor Standards
Act. Compensatory time shall be computed at one
and one-half times the number of overtime hours
worked.
Demotion The placement of an employee in a position
having a lower pay and/or less responsibility than
the position previously held. This could involve a
reduction in salary due to incompetency,
inefficiency, or misconduct.
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City of Arden Hills Personnel Policy _414 Effective February 29, 2016
AI I�N HILLS Amended October 28, 2019
Exempt Employee An employee who is exempt from the overtime
provisions of the Fair Labor Standards Act.
Flex -Time Time off from work for exempt employees.
May only be used in increments of 9 -hours or less,
no consecutive days, maximum accrual of 80
hours.
Grievance A dispute or disagreement regarding the
interpretation or application of the specific terms
and conditions of a labor agreement or City policy.
Immediate Family The employee's spouse, legal guardian, as well as
children, siblings, parents, in-laws, grandparents,
aunt, uncle, niece, and nephew by blood, marriage
or adoption.
Lay -Off The temporary dismissal from employment of an
employee for an unspecified length of time.
During a period of lay-off, employees do not
accrue benefits and are not credited with service.
Municipal Service Employed by the City.
Non -Exempt Employee An employee who is not exempt from the
overtime provisions of the Fair Labor Standards
Act.
Overtime Duties performed at the express authorization of
the Employer in excess of the 40 hours per work
week.
Personal Time Off Personal Time Off (PTO) is authorized paid
absence from duty.
Position Employment calling for the performance of
specified tasks which constitute the total work
assignment of a single employee.
Promotion The placement of an employee in a position
having a higher pay range and/or more
responsibility than the position previously held.
3
City of Arden Hills Personnel Policy Effective February 29, 2016
At'!2 nN Htu_�, Amended October 28, 2019
Full-time Employee Means an employee who has successfully
completed the required training period and is
scheduled for that number of hours which make
up the regularly scheduled weekly or monthly
period of service in the class.
Part-time Employee Any employee that works less than 40 hours per
week.
Seasonal Employee Employees who work only part of the year (100
days or less) to conduct seasonal work. Seasonal
employee may be assigned to work a full-time or
part-time schedule. Seasonal employees do not
earn benefits or credit for seniority. In order to
comply with health care reform law while avoiding
penalties, part-time employees will be scheduled
with business needs and in a manner that ensures
positions retain part-time status as intended or, in
some rare instances, may be offered health
insurance to comply with federal health care
reform laws and regulations while avoiding
associated penalties.
Service Credit The specified period of time required for an
employee to be eligible for benefits.
Temporary Employee Employees who work in temporary positions.
Temporary jobs might have a defined start and
end date or may be for the duration of a specific
project. Temporary employees may be assigned to
work a full-time or part-time schedule. Temporary
employees do not earn benefits or credit for
seniority. In order to comply with health care
reform law while avoiding penalties, part-time
employees will be scheduled with business needs
and in a manner that ensures positions retain part-
time status as intended or, in some rare instances,
may be offered health insurance.
Termination The separation of an employee from the municipal
service as a result of discharge, resignation,
retirement, or death.
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City of Arden Hills Personnel Policy '� Effective February 29, 2016
AIN Hil_Ls Amended October 28, 2019
Training Period A six-month period at the start of employment
with the city (or at the beginning of a promotion,
reassignment, or transfer) that is designated as a
period within which to learn the job. The training
period may be extended by the City at the City's
option. The training period is the last part of the
selection process.
Transfer The position within the same class as the position
previously held. A transfer does not result in a
change in pay range.
Weapons Weapons are defined to include all legal or illegal
firearms, switchblade knives, or any other object
that has been modified to serve as a weapon or
that has the primary purpose of serving as a
weapon.
5
City of Arden Hills Personnel Policy Effective February 29, 2016
AI i -N HiI_I.s Amended October 28, 2019
PURPOSE AND APPLICATION
The purpose of this policy is to establish a uniform and equitable system of municipal
personnel administration for employees of the City.
The provisions of this policy shall apply to employees of the City. Except where specifically
authorized, the policies shall not apply to:
All elected officials.
Temporary employees other than benefit earning employees, and interns.
Consultants and other rendering professional services on a fee basis.
Volunteer personnel and personnel appointed to serve without pay, including
members of boards, commissions and committees.
Emergency appointees serving with or without pay.
Seasonal employees.
Specialized instructors.
Referees and coaches.
If any specific provisions of the personnel policies conflict with any current union
agreement or civil service rules, the union agreement or civil service rules will prevail.
Union employees are encouraged to consult their collective bargaining agreement first for
information about their employment conditions. Nothing in these policies is intended to
modify or supersede any applicable provision of state or federal law.
6
City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
EQUAL EMPLOYMENT OPPORTUNITY
It is the policy and intent of the City of Arden Hills to provide equality of opportunity in
employment to all persons. The policy prohibits discrimination because of race, color,
creed, religion, national origin, sex, sexual orientation, disability, age, marital status,
ancestry, genetic information, veteran status, familial status, membership in a local human
rights commission, or status with regard to public assistance or any other characteristic
protected by law.
The EEO policy applies to all phases of full, part-time, temporary and seasonal
employment, unless otherwise stated, but not limited to, recruitment, hiring, rates of pay,
or other forms of compensation and selection for training. This policy also applies to the
use of all facilities and participation in all City -sponsored employee activities.
7
City of Arden Hills Personnel Policy Effective February 29, 2016
AtQi N Htu_�, Amended October 28, 2019
EMPLOYEE RECORDS
Employee records are maintained in the City Administrators Office. Laws regarding data
privacy, as adopted in the Data Practices Policy found in the Addendum, are strictly
followed.
It is important that your permanent personnel records are kept accurate and up-to-date.
You must immediately notify the City Clerk or the City Administrator when there is a
change in any of the following:
-Name (through marriage or otherwise)
-Address
-Marital status
-Beneficiaries for life insurance and retirement
-Telephone number
-Person to contact in case of an emergency
This data is private and is not revealed without your permission.
NEWS RELEASES
Formal news releases concerning municipal affairs are the responsibility of the City
Administrator. All media interviews must be approved by the City Administrator before
the interview. All contacts with the media should be reported to the City Administrator as
soon as practicable.
No City employee is authorized to speak on behalf of the City without prior authorization
from the City Administrator or his/her designee.
All news releases concerning City personnel will be the responsibility of the City
Administrator.
For more information, see General Guidelines for all Communications (Official and
Person).
City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
PERSONNEL RECORDS AND FORMS
In order that proper reports may be made and records maintained concerning the various
personnel activities, the City Administrator, or their designee, shall develop, or cause to
have developed and installed, appropriate forms and records for this purpose. The City
Administrator, or their designee, shall have responsibility for maintaining and coordinating
all necessary personnel records. Annually employees will be required to review the
Personnel Policy and sign an acknowledgement form and update the Employee
Information/Emergency Information form. The City Administrator, or their designee,
shall advise all employees on all personnel transactions, records systems and procedures.
Any employee or the employee's designated representative, when authorized in writing by
the employee, may review such employee's Official Personnel File maintained in the City
Administrator's office upon request to the City Administrator. Such review may be made
during regular office hours consistent with the conditions established by the City
Administrator.
BACKGROUND CHECKS
All finalists for employment with the City will be subject to a background check to confirm
information submitted as part of application materials and to assist in determining the
candidate's suitability for the position. Except where already defined by state law, the City
Administrator, or their designee, will determine the level of background check to be
conducted based on the position being filled.
A final applicant for a City position will be subject to a criminal history investigation.
Before the investigation is undertaken, the finalist must authorize, in writing, the City to
undertake such an investigation on a form approved by the City Attorney, and provided
by the City Clerk.
9
City of Arden Hills Personnel Policy Effective February 29, 2016
Att !2�N Htu_�, Amended October 28, 2019
RECRUITMENT AND SELECTION
All appointments in the municipal service shall be made according to job -relevant
qualifications, merits and fitness as determined by the City Council or City Administrator.
Appointments to municipal service shall be made by the Appointing Authority.
The basic recruitment and selection policies of the City are to take whatever measures
necessary to seek out and to encourage properly qualified individuals to apply for positions
at all levels of City service and to provide assurance that the best qualified applicants are
taken into municipal service. No person shall in any way be favored or discriminated
against because of race, color, creed, age, marital status, sex, political opinion or affiliation,
disability, sexual orientation, or welfare assistance status.
In making a selection from among candidates to fill vacancies, the City may use written,
oral or performance tests, an evaluation of training and experience, or any combination of
these. Investigations of background, character, education, experience or physical fitness
may also be required.
Any applicant or employee giving false or misleading information on an application form,
cheating on an examination, or falsifying a statement, certificate or evaluation shall not be
considered for employment or shall be subject to immediate dismissal. Fraud or attempts
to commit fraud which would preclude the City from impartially executing these provisions
shall be cause for the City to refuse to appoint an applicant or to dismiss an employee.
No person seeking employment or promotion shall, either directly or indirectly, attempt to
influence the City Administrator or City Council in any way with money, services, or other
remuneration.
It is the City's policy that relatives of persons currently employed by the City may be
hired only if they will not be working under or over a relative within a reporting chain
and are not likely to be in such a position in the future. Current employees of the City
will not be transferred or promoted into such a reporting chain relationship. If the
employees become relatives after employment, management will implement any
appropriate transfer or separation decision that may be necessary after consulting with
the affected employees.
For purposes of this Section, a relative includes the employee's spouse, legal guardian, as
well as children, siblings, parents, in-laws, grandparents, aunt, uncle, niece, and nephew
by blood, marriage or adoption.
Appointment to a position of municipal service shall not be construed to be a property
right of the employee. All employees are appointed by and serve at the sole discretion of
the City Council.
10
City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
EMPLOYMENT GUIDELINES
Job Posting
The City of Arden Hills will post all job openings internally, and may also be publicized in
a local newspaper or through other news media deemed necessary, in order to encourage
qualified persons to apply. Qualified applicants will be interviewed by the City
Administrator, or their designee, appropriate Supervisor, the respective Council
Committee, and appointed by the City Council.
Such notice shall include the job titles, duties, and the date the position is intended to be
filled.
Transfers
The City Council in their discretion may transfer employees from one department to
another or transfer work between departments of the City or to independent contractors.
Conduct as a City Employee
In accepting City employment, employees become representatives of the City and are
responsible for assisting and serving the citizens for whom they work. An employee's
primary responsibility is to serve the residents of Arden Hills. Employees should exhibit
conduct that is ethical, professional, responsive, and of standards becoming of a City
employee. To achieve this goal, employees must adhere to established policies, rules, and
procedures and follow the instructions of their supervisors.
Staff Guidelines
Since all employees share the responsibility for keeping their department operating in an
orderly, safe and efficient manner, they are entitled to know the types of conduct, which
will contribute to fulfilling their department's functions. At a minimum all employees are
required to:
BE ON TIME Supervisors depend on each employee for help in maintaining important
work schedules. Being at the job location and ready to begin work at the specified time will
get things off to the right start. An employee who wishes to flex their hours must submit
a form to their supervisor for approval. The form will indicate the regular schedule of the
employee as well as the requested flex hours. If approved and signed by the supervisor,
the form will be filed in the employee's Personnel File and is updated annually.
BE REGULAR Excessive absenteeism or tardiness jeopardizes an employee's job and
creates problems for supervisors and fellow workers. An employee is required to furnish
satisfactory evidence that their absence is justified if their supervisor requests it.
GIVE ADVANCE NOTICE WHEN USING UNSCHEDULED PERSONAL
TIME OFF An employee must notify their supervisor as early as possible if using
11
City of Arden Hills Personnel Policy A 1` Effective February 29, 2016
UQf iii.i,a Amended October 28, 2019
unscheduled Personal Time Off. Except in unusual cases, he/she should talk directly with
their supervisor to be sure that their supervisor receives the message.
HELP KEEP THE WORK AREA AND EQUIPMENT IN GOOD ORDER It is
necessary to maintain sanitary and healthful conditions throughout the buildings and
offices. Good housekeeping promotes good workmanship and safety. Equipment must be
kept in order, the floor free of litter and the general rules of housekeeping observed. Be
neat in your personal appearance.
PERFORM THE JOB PROPERLY Supervisors are responsible for directing the work.
They will answer any questions or clarify any assigned duties, which an employee does not
understand. Every employee should take pride in their work and perform their job carefully
and according to instructions. All necessary information should be passed on to relief
operators in order that they may continue the operation without interruption or confusion.
BE AN EXAMPLE The conduct of each individual shall be beyond criticism as a public
employee. Good conduct not only allows the employee to protect himself/herself from
censure, but also helps to make the whole organization to be one of pride to the
community.
BE POLITE No employee should let the weight of their job affect their personality. A
cheerful, polite attitude not only makes work easier, but also makes it easier for fellow
workers to work with the employee.
DRESS CODE Because all City staff interact with the public on a regular basis, it is
important for all employees to represent the City by dressing in a professional manner.
Each City employee should dress in a department issued uniform or in a "Business Casual"
fashion. Personal appearance should be appropriate to the nature of the work and contacts
with other people and should present a positive image to the public. Clothing, jewelry or
other items that could present a safety hazard are not acceptable in the workplace.
The City recognizes special job assignments or special duties of a particular job may require
an employee to wear non -business casual clothing. Approval must be received from your
supervisor for non -business casual clothing.
The City has adopted a casual Friday policy which allows an employee to wear jeans.
In the event an employee arrives at work inappropriately dressed or groomed, the
employee will be sent home to change into appropriate clothing, and will be expected to
use PTO for the lost time during the work day.
CONFLICT OF INTEREST City employees are to remove themselves from situations
in which they would have to take action or make a decision where that action or decision
12
City of Arden Hills Personnel Policy _414 Effective February 29, 2016
AI 1�N HILLS Amended October 28, 2019
could be perceived or actual conflict of interest. If an employee has any question about
whether such a conflict exists, he/she should consult with the City Administrator, or their
designee.
FALSIFICATION OF RECORDS Any employee who makes false statements or
commits, or attempts to commit, fraud in an effort to prevent the impartial application of
these policies will be subject to immediate disciplinary action up to and including
termination and potential criminal prosecution.
PERSONAL PHONE CALLS Personal telephone calls are to be made or received only
when truly necessary. They are not to interfere with City work and are to be completed as
quickly as possible. Any personal long distance call costs will be paid by the employee.
Please refer to the Cell Phone policy for information on use of cellular phones.
POLITICAL ACTIVITY City employees have the right to express their views and to
pursue legitimate involvement in the political system. However, no City employee will
directly or indirectly, during hours of employment, solicit or receive funds for political
purposes. Further, any political activity in the workplace must be pre -approved by the City
to avoid any conflict of interest or perception of bias such as using authority or political
influence to compel another employee to apply for or become a member of a political
organization.
KNOW THESE REGULATIONS Employees are expected and required to know and
observe rules and regulations contained in this manual as a condition of original and
continued employment.
13
City of Arden Hills Personnel Policy Ago''
EMPLOYEE'S RESPONSIBILITIES
Effective February 29, 2016
Amended October 28, 2019
General Policy
For the effective administration and implementation of City policy, and to serve the
citizens, each individual employee must cooperate to the fullest with all fellow employees
and the public. City employees have a high degree of visibility to the general public and,
therefore, must exercise particular care and caution to ensure that all work undertaken is
accomplished expediently and with efficiency. To achieve this goal, employees must adhere
to established rules and procedures and follow the instructions of their supervisors.
Employees Are Required To:
1. Render prompt and courteous service to the public at all times conducting
themselves with decorum, patience, and every possible courtesy.
2. Perform their assigned duties to the best of their ability at all times and to
continually strive to improve their performance.
3. Read, understand and comply with the rules and regulations as set forth in
this Personnel Policy as well as those of their department.
4. Report all unsafe conditions to their immediate supervisor.
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City of Arden Hills Personnel Policy
Effective February 29, 2016
Amended October 28, 2019
PUBLIC EMPLOYEE'S RETIREMENT ASSOCIATION (PERA)
The city participates in the Public Employees Retirement Association (PERA) to provide
pension benefits for its eligible employees to help plan for a successful and secure retirement.
Participation in PERA is mandatory for most employees, and contributions into PERA
begin immediately. The city and the employee contribute to PERA each pay period as
determined by state law. Employees are also required to contribute a portion of each pay
check for Social Security and Medicare (the city matches the employee's Social Security
and Medicare withholding). For information about PERA eligibility and contribution
requirements visit their website at www.mnl2era.org
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City of Arden Hills Personnel Policy ' Effective February 29, 2016
At'Q�v Hu -i -s Amended October 28, 2019
RIGHT TO KNOW
Any employee routinely exposed to hazardous substances or harmful physical agents as
defined in the Minnesota Employee Right to Know Act of 1983 (Laws 1983, Ch. 316,
Minn. Stat. 182.65-182.675) shall be trained before being assigned or reassigned work
exposing the employee to such substances or agents and shall be given training annually
thereafter. Training shall include an explanation of how and where information about
hazards are stored in the workplace, how the hazards are labeled, and where to obtain
specific information. The City Administrator, or their designee, shall provide for such
training and for compliance with the "Minnesota Employee Right to Know Act of 1983",
including the establishment of specific policies to insure compliance with the State law and
regulations. An employee acting in good faith has the right to refuse to work under
conditions which the employee reasonably believes present an imminent danger of death
or serious physical harm to the employee.
16
City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
DRUG-FREE WORKPLACE POLICY
PURPOSE AND OBJECTIVES
The City of Arden Hills ("City") has a vital interest in maintaining safe, healthful, and
efficient working conditions for employees, and recognizes that individuals who are
impaired because of drugs and/or alcohol jeopardize the safety and health of other workers
as well as themselves. The City of Arden Hills does not intend to intrude into the private
lives of its employees, but strongly believes that a drug- and alcohol -free workplace is in
the best interest of employees and the public alike. Alcohol and drug abuse can cause
unsatisfactory job performance, increased tardiness and absenteeism, increased accidents
and workers' compensation claims, higher insurance rates, and an increase in theft of city
property. The City of Arden Hill's Drug and Alcohol Testing Non -DOT policy has been
established for the purpose of providing a safe workplace for all.
City employees and applicants required to hold a commercial driver's license by the United
States Department of Transportation ("DOT") for their job will be tested under the City's
Policy on Controlled Substance and Alcohol Testing for Commercial Drivers (the "DOT
Policy"). All other employees and job applicants in safety -sensitive positions offered
employment with the city must undergo testing as described by this policy.
To ensure the policy is clearly communicated to all employees and applicants to whom
offers of employment have been made, and to comply with state law, employees and
applicants are required to review this policy and sign the "policy acknowledgement." A job
applicant will also acknowledge in this form that he/she understands that passing the drug
test may be a requirement of the job.
DEFINITIONS
"Alcohol" means the intoxicating agent in beverage alcohol or any low molecular weight
alcohols such as ethyl, methyl, or isopropyl alcohol. The term includes but is not limited to
beer, wine, spirits, and medications such as cough syrup that contain alcohol.
"Alcohol use or usage" means the consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.
"Applicant" means a person applying for a job with the City.
"City" means the City of Arden Hills
"City premises" means, but is not limited to, all City job sites and work areas. For the
purposes of this policy, city premises also includes any other locations or modes of
17
City of Arden Hills Personnel Policy ' Effective February 29, 2016
UI N HII_I_s Amended October 28, 2019
transportation to and from those locations while in the course and scope of employment
of the City.
"City vehicle" means any vehicle which employees are authorized to use solely for City
business when used at any time; or any vehicle owned or leased by the City when used for
City business.
"Collection site" means a place designated by the City where job applicants and
employees present themselves for the purpose of providing a specimen of their breath,
urine, and/or blood to be analyzed for the presence of controlled substances and alcohol.
"Confirmatory test" means a controlled substance or alcohol test on a sample to
substantiate the results of a prior controlled substance or alcohol test on the same sample,
and that uses a method of analysis allowed under one of the programs listed in Minn. Stat.
§ 181.953, subd. 1.
"Drug" has the same meaning as "controlled substance" defined in Minn. Stat. 5 152.01,
subd. 4.
"Drug and alcohol testing," "drug or alcohol testing," and "drug or alcohol test"
mean analysis of a body component sample according to the standards established under
one of the programs listed in Minn. Stat. � 181.953, subd.l, for the purpose of measuring
their presence or absence of drugs, alcohol, or their metabolites in the sample tested.
"Drug paraphernalia" has the meaning set forth in Minn. Stat. 5 152.01, subd. 18.
"Employee" means a person who performs services for compensation for the City and
includes independent contractors except where specifically noted in this policy.
"Initial screening test" means a drug or alcohol test that uses a method of analysis under
one of the programs listed in Minn. Stat. § 181.953, subd. 1.
"Job applicant" means a person who applies to become an employee of the City, and
includes a person who has received a job offer made contingent on the person passing drug
testing.
"Positive test result" means a finding of the presence of alcohol, illegal drugs, or their
metabolites that exceeds the cutoff levels established by the City. Minimum threshold
detection levels are subject to change as determined in the City's sole discretion.
"Random selection basis" means a mechanism for selection of employees that (1) results
in an equal probability that any employee from a group of employees subject to the
City of Arden Hills Personnel Policy _4mb_ Effective February 29, 2016
AIN HILLS Amended October 28, 2019
selection mechanism will be selected, and (2) does not give an employer discretion to waive
the selection of any employee selected under the mechanism.
"Reasonable suspicion" means a basis for forming a belief based on specific facts and
rational inferences drawn from those facts.
"Safety -sensitive position" means a job, including any supervisory or management
position, in which an impairment caused by drug or alcohol usage would threaten the health
or safety of any person.
"Under the influence" means (1) the employee tests positive for alcohol or drugs, or (2)
the employee's actions, appearance, speech, and/or bodily odors reasonably cause the City
to conclude that the employee is impaired because of illegal drug use or alcohol use.
PERSONS SUBJECT TO TESTING & CIRCUMSTANCES UNDER WHICH
TESTING MAY BE REQUIRED
Under this policy, the City may test any specified applicant to whom an offer of
employment has been made, and may test any employee for alcohol and/or controlled
substance under any of the following circumstances with a properly accredited or licensed
testing laboratory, in accordance with Minn. Stat. § 181.953, subd. 1:
Pre -Employment Testing.
Full-time and temporary/ seasonal employees in safety sensitive positions as determined by
the City Administrator will be subject to drug testing upon receiving a conditional job offer.
If the job offer is withdrawn based on drug test results, the city will inform the applicant
of the reasons for the withdrawal. A failure of the drug test, a refusal to take the test, or
failure to meet other conditions of the offer will result in a withdrawal of the offer of
employment even if the applicant's provisional employment has begun. A negative or
positive dilute test result (following a second collection), which has been confirmed, will
also result in immediate withdrawal of an offer of employment to an applicant.
Reasonable Suspicion Testin.
Consistent with Minn. Stat. § 181.951, subd. 3, employees will be subject to alcohol and
controlled substance testing when reasonable suspicion exists to believe that the employee:
• Is under the influence of alcohol or a controlled substance; or
• Has violated written work rules prohibiting the use, possession, sale or
transfer of drugs or alcohol while working, while on city property, or while
operating city vehicles, machinery or any other type of equipment; or
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City of Arden Hills Personnel Policy I Effective February 29, 2016
-AIN HILLS Amended October 28, 2019
• Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16
or has caused another employee to sustain an injury or;
• Has caused a work-related accident or was operating or helping to operate
machinery, equipment, or vehicles involved in a work-related accident.
Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance,
behavior, speech, breath, odor, possession, proximity to or use of alcohol or a controlled
substance or containers or paraphernalia, poor safety record, excessive absenteeism,
impairment of job performance, or any other circumstances that would cause a reasonable
employer to believe that a violation of the city's policies concerning alcohol or drugs may
have occurred. These observations will be reflected in writing on a Reasonable Suspicion
Record Form.
For off-site collection, employees will be driven to the employer -approved medical facility
by their supervisor or a designee. For an on-site collection service, the employee will remain
on site and be observed by the supervisor or designee. The medical facility or on-site
collection service will take the urine or blood sample, and will forward the sample to an
approved laboratory for testing.
Pursuant to the requirements of the Drug -Free Workplace Act of 1988, all City employees,
as a condition of continued employment, will agree to abide by the terms of this policy and
must notify the City Administrator, or their designee, of any criminal drug statute
conviction for a violation occurring in the workplace not later than five days after such
conviction. If required by law or government contract, the City will notify the appropriate
federal agency of such conviction within 10 days of receiving notice from the employee.
Treatment Program Testing_
In accordance with Minn. Stat. § 181.951, subd. 6., the City may request or require an
employee to undergo drug and alcohol testing if the employee has been referred by the
City for chemical dependency treatment or evaluation, or is participating in a chemical
dependency treatment program under an employee benefit plan. In such a case, the
employee may be requested or required to undergo drug or alcohol testing without prior
notice during the evaluation or treatment period and for a period of up to two years
following completion of any prescribed chemical dependency treatment program.
Routine Physical Examination Testing.
The City may request or require an employee to undergo drug testing as part of a routine
physical examination. The City, in accordance with Minn. Stat. 5 181.951, subd. 3, will
request or require this type of testing no more than once annually, and the employee will
be provided with at least two weeks' written notice that the test will be required as part of
the physical examination.
20
City of Arden Hills Personnel Policy Effective February 29, 2016
AI i -N HII_I.s Amended October 28, 2019
Random Testing.
In accordance with Minn. Stat. § 181.951, subd. 4, the City may require an employee to
submit to random testing if the employee is in a safety -sensitive position.
Right of Refusal.
Employees and job applicants have the right to refuse to submit to an alcohol or drug test
under this policy. However, such a refusal will subject an employee to immediate
termination. If an applicant refuses to submit to applicant testing, any conditional offer of
employment will be withdrawn.
Any intentional act or omission by the employee or applicant that prevents the completion
of the testing process constitutes a refusal to test.
An applicant or employee who substitutes, or attempts to substitute, or alters, or attempts
to alter a testing sample is considered to have refused to take a drug and/or alcohol test.
In such a case, the employee is subject to immediate termination of employment, and in
the case of an applicant, the job offer will be immediately withdrawn.
Refusal on Religious Grounds
An employee or job applicant who, on religious grounds, refuses to undergo drug or
alcohol testing of a blood sample will not be considered to have refused testing, unless the
employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample.
Cost of Required Testing.
The City will pay for the cost of all drug and alcohol testing requested or required of all job
applicants and employees, with the exception of confirmatory retests. Job applicants and
employees are responsible for paying for all costs associated with any requested
confirmatory retests.
PROHIBITION AGAINST CONTROLLED SUBSTANCE AND ALCOHOL
Use and Possession of Alcohol or Drug(s).
Employees are prohibited from the use, possession, transfer, transportation, manufacture,
distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol,
drugs, or drug paraphernalia while on duty; is on City premises; while operating any City
vehicle, machinery, or equipment; or when performing any city business, except (1)
pursuant to a valid medical prescription used as properly instructed; (2) the use of over-
the-counter controlled substance used as intended by the manufacturer; or (3) when
necessary for approved law enforcement activity.
Besides having a zero -tolerance policy for the use or possession of alcohol, illegal drugs,
or misused prescription drugs on the worksite, we also prohibit the use, possession of,
21
City of Arden Hills Personnel Policy ,` Effective February 29, 2016
UQ�x f lu.i_s Amended October 28, 2019
impairment by any cannabis or medical cannabis products (e.g., hash oils or pills) on the
worksite by a person working as an employee at the City or while "on call" and subject to
return to work. Having a medical marijuana card, patient registry number, and/or cannabis
prescription from a physician does not allow anyone to use, possess, or be impaired by that
drug here. The federal government still classifies cannabis as an illegal drug, even though
some states have decriminalized its possession and use. There is no acceptable
concentration of marijuana metabolites in the blood or urine of an employee who operates
our equipment or vehicles or who is on one of our worksites. Applicants and employees
are still subject to being tested under our drug and alcohol testing policy. Employees are
subject to being disciplined, suspended, or terminated after testing positive for cannabis if
the employee used, possessed, or was impaired by cannabis, including medical cannabis,
while on the premises of the place of employment or during the hours of employment.
While Impaired of Alcohol or Drug(s).
Employees are prohibited from being under the influence of alcohol or drugs or having a
detectable amount of an illegal drug in the blood or urine when reporting for work; while
on duty; is on the City's premises; while operating any city vehicle, machinery, or
equipment; or when performing any City business, except (1) pursuant to a valid medical
prescription used as properly instructed; or (2) the use of over-the-counter controlled
substance used as intended by the manufacturer.
Driving While Impaired.
A conviction of driving while impaired in a City -owned vehicle at any time during business
or non -business hours, or in an employee -owned vehicle while conducting city business,
may result in discipline, up to and including discharge.
Criminal Controlled Substance Convictions.
Any employee convicted of any criminal drug statute must notify his or her supervisor and
the City Administrator, or their designee, in writing of such conviction no later than five
days after such conviction. Within 30 days after receiving notice from an employee of a
controlled substance -related conviction, the City will take appropriate personnel action
against the employee up to and including discharge, or require the employee to satisfactorily
participate in a controlled substance abuse assistance or rehabilitation program as an
alternative to termination. In the event notice is not provided to the supervisor and the
employee is deemed to be incapable of working safely, the employee will not be permitted
to work and will be subject to disciplinary action, including dismissal from employment. In
accordance with the Federal Drug -Free Workplace Act of 1988, if the City is receiving
federal grants or contracts of over $25,000, the City will notify the appropriate federal
agency of such conviction within 10 days of receiving notice from the employee if required
by federal law.
22
City of Arden Hills Personnel Policy & Effective February 29, 2016
AtQi N Hu_i_> Amended October 28, 2019
Failure to Disclose Lawful Controlled Substance.
Employees taking a lawful controlled substance, including prescription and over-the-
counter controlled substances, which may impair their ability to perform their job
responsibilities or pose a safety risk to themselves or others, must advise their supervisor
of this before beginning work. It is the employee's responsibility to seek out written
information from his/her physician or pharmacist regarding medication and any job
performance impairment and relay that information to his/her supervisor. In the event of
such a disclosure, the employee will not be authorized to perform safety -sensitive
functions.
REVIEW AND NOTIFICATION OF TEST RESULTS
Notification of Negative Test Results.
In the case of job applicants and in accordance with Minn. Stat. § 181.953, The City
Administrator, or their designee, will notify a job applicant of a negative drug result within
three days of receipt of result by the City, and the hiring process will resume. In accordance
with Minn. Stat. § 181.953, subd. 3, a laboratory must report results to the city within three
working days of the confirmatory test result. A "Negative Test Results Notification" form
will be sent to the job applicant, and the job applicant may request a copy of the test result
report from the City Administrator, or their designee.
In the case of current employees and in accordance with Minn. Stat. § 181.953, the City
Administrator, or their designee, will notify the employee of a negative drug and/or alcohol
result within three days of receipt of result by the city. A "Negative Test Results
Notification" form will be sent to the employee, and he or she may request a copy of the
test result report from the City Administrator, or their designee.
Notification of Positive Test Results.
In the event of a confirmed positive blood or urine alcohol and/or drug test result, the city
will notify the employee of a negative drug and/or alcohol result within three days of
receipt of the result. The City Administrator, or their designee, will send to the employee
or job applicant a "Positive Test Results Notification" letter containing further
instructions. The employee or job applicant may contact the City Administrator, or their
designee, to request a copy of the test result report if desired. In accordance with Minn.
Stat. § 181.953, subd. 3, a laboratory must report results to the City within three working
days of the confirmatory test result.
➢ Right to Provide Information After Receiving Test Results. Within three
working days after notice of a positive controlled substance or alcohol test result on
a confirmatory test, the employee or job applicant may submit information to the
City to explain the positive result. In accordance with Minn. Stat. 5 181.953, subd.
10, if an employee submits information either before a test or within three working
23
City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
days after a positive test result that explains the positive test result, (such as
medications the employee is taking), the City will not take an adverse employment
action based on that information unless the employee has already been under an
affirmative duty to provide the information before, upon, or after hire.
➢ Right to Confirmatory Retest. A job applicant or employee may request a
confirmatory retest of the original sample at the job applicant's or employee's own
expense after notice of a positive test result on a confirmatory test. Within five
working days after notice of the confirmatory test result, the job applicant or
employee must notify the City in writing of the job applicant's or employee's
intention to obtain a confirmatory retest. Within three working days after receipt of
the notice, the City will notify the original testing laboratory that the job applicant
or employee has requested the laboratory to conduct the confirmatory retest or
transfer the sample to another qualified laboratory licensed to conduct the
confirmatory retest. The original testing laboratory will ensure the control and
custody procedures are followed during transfer of the sample to the other
laboratory. In accordance with Minn. Stat. § 181.953, subd. 3, the laboratory is
required to maintain all samples testing positive for a period of six months. The
confirmatory retest will use the same controlled substance and/or alcohol threshold
detection levels as used in the original confirmatory test.
In the case of job applicants, if the confirmatory retest does not confirm the original
positive test result, the City's job offer will be reinstated and the City will reimburse
the job applicant for the actual cost of the confirmatory retest. In the case of
employees, if the confirmatory retest does not confirm the original positive test
result, no adverse personnel action based on the original confirmatory test will be
taken against the employee, the employee will be reinstated with any lost wages or
salary for time lost pending the outcome of the confirmatory retest result, and the
City will reimburse the employee for the actual cost of the confirmatory retest.
➢ Access to Reports. In accordance with Minn. Stat. § 181.953, subd. 10, an
employee will have access to information contained in his or her personnel file
relating to positive test results and to the testing process, including all information
gathered as part of that process.
Dilute Specimens.
A negative or positive dilute test result (following a second collection) which has been
confirmed will subject an employee to immediate termination.
24
City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
CONSEQUENCES FOR EMPLOYEES ENGAGING IN PROHIBITED
CONDUCT
o�pplicants.
The City's conditional offer of employment will be withdrawn from any job applicant who
refuses to be tested or tests positive for illegal drugs as verified by a confirmatory test.
Employees.
• No Adverse Action Without Confirmatory Test. The City will not discharge,
discipline, discriminate against, or request or require rehabilitation of an employee
based on a positive test result from an initial screening test that has not been verified
by a confirmatory test.
• Suspension Pending Test Result. The City may temporarily suspend a tested
employee with or without pay, or transfer that employee to another position at the
same rate of pay pending the outcome of the requested confirmatory retest,
provided the City believes that it is reasonably necessary to protect the health or
safety of the employee, co -employees, or the public. The employee will be asked to
return home, and will be provided appropriate arrangements for return
transportation to his or her residence. In accordance with Minn. Stat. § 181.953,
subd. 10, an employee who has been suspended without pay will be reinstated with
back pay if the outcome of the requested confirmatory retest is negative.
• Discipline and Discharge.
✓ Confirmatory Positive Test Result. The City will not discharge an
employee for a first confirmatory positive test unless the following conditions
have been met:
1) The City has first given the employee an opportunity to participate in
either a drug or alcohol counseling or rehabilitation program,
whichever is more appropriate, as determined by the City after
consultation with a certified chemical use counselor or physician
trained in the diagnosis and treatment of chemical dependency.
Participation by the employee in any recommended substance abuse
treatment program will be at the employee's own expense or pursuant
to the coverage under an employee benefit plan. The certified chemical
use counselor or physician trained in the diagnoses and treatment of
chemical dependency will determine if the employee has followed the
rehabilitation program as prescribed; and
2) The employee has either refused to participate in the counseling or
rehabilitation program or has failed to successfully complete the
program, as evidenced by withdrawal from the program before its
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City of Arden Hills Personnel Policy '� Effective February 29, 2016
U1 N H11.1_s Amended October 28, 2019
completion or by a refusal to test or positive test result on a
confirmatory test after completion of the program.
✓ Other Misconduct. Nothing in this policy limits the right of the City to
discipline or dismiss an employee on grounds other than a positive
confirmatory test result, including conviction of any criminal drug statute for
a violation occurring in the workplace or violation of other city personnel
policies.
• Emergency Call Back to Work Provisions. If an employee is called out for a City
emergency and he or she reports to work and is suspected of being under the
influence of drugs or alcohol, he or she will not be subject to the testing procedures
of this policy, but may be subject to discipline and will not be allowed to work.
Appropriate arrangements for return transportation to the employee's residence will
be made. It is the sole responsibility of the employee who is under the influence of
alcohol and/or drugs and who is called out for a City emergency, to notify his or
her supervisor of this information and advise if he or she is unable to respond to
the emergency call back.
NON-DISCRIMINATION
The City of Arden Hills' policy on work-related substance abuse is non-discriminatory in
intent and application; however, in accordance with Minn. Stat., ch. 363, disability does not
include conditions resulting from alcohol or other drug abuse which prevents an employee
from performing the essential functions of the job in question or constitutes a direct threat
to property of the safety of individuals.
Furthermore, the City will not retaliate against any employee for asserting his or her rights
under this policy.
POLICY CONTACT FOR ADDITIONAL INFORMATION
If you have any questions about this policy or the City's drug and alcohol testing
procedures, you may contact your immediate supervisor, the City Administrator, or their
designee, to obtain additional information.
By this policy, the City of Arden Hills has established a drug-free awareness program to
inform employees about the dangers of drug abuse in the workplace and its policy of
maintaining a drug-free workplace. Each City employee will receive a copy of this policy
and will be required to read it.
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City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
CITY'S EMPLOYEE ASSISTANCE PROGRAM (EAP) AND
ORGANIZATIONAL ASSISTANCE PROGRAM (OAP)
The City has in place a formal employee assistance program (EAP) to assist employees in
addressing serious personal or work-related problems at any time. The City's EAP provides
confidential, cost-free, short-term counseling to employees and their families. Employees
who may have an alcohol or other drug abuse problems are encouraged to seek assistance
before a problem affects their employment status. Employee assistance program services
are available by contacting the Sand Creek Group, Ltd. at 1-888-243-5744.
The City also has an Organizational Assistance Program (OAP) for personnel or work-
related matters including but not limited to: professional tension or conflict, performance
related matters and a variety of other work-related challenges or difficulties If work related
matters or professional interactions have become difficult, the city has asked for a Sand
Creek OAP Consultant to assist both staff and management related to these types of issues.
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City of Arden Hills Personnel Policy Effective February 29, 2016
Att !2�N Hu -i -s Amended October 28, 2019
CITY PROPERTY
The City will furnish all applicable tools, equipment, vehicles and similar instruments of
production necessary for an employee to perform their job. Such items are the
responsibility of the employee to maintain. No City equipment of any kind is to be used or
operated by anyone other than a City employee. The willful damage, destruction, or the
unauthorized removal of city -owned property shall be grounds for immediate dismissal.
Any employee who has authorized possession of keys, tools, cell phones, pagers, or other
city -owned equipment must register his/her name and the serial number (if applicable) or
identifying information about the equipment with his/her supervisor. All such equipment
must be turned in and accounted for by any employee leaving employment with the city
in order to resign in good standing.
Employees are responsible for the safekeeping and care of all such equipment. The
duplication of keys owned by the city is prohibited unless authorized by the City
Administrator. Any employee found having an unauthorized duplicate key will be subject
to disciplinary action.
CITY BRANDED CLOTHING POLICY
Permanent Arden Hills City Staff that do not receive a prescribed uniform
allowance will receive City branded clothing on the following schedule:
Odd year: One polo -shirt with the Arden Hills logo embroidered
Even year: One sweatshirt with the Arden Hills logo embroidered
New employees will receive the article of clothing for that year when they start
employment.
The City Administrator, Department Heads, and staff (at the City Administrator's
discretion) that frequently interact with the public in the field will also be issued one button
down shirt embroidered with the City's logo annually.
These clothing items will be considered necessary as part of the employee's role with the
City and may be required to be returned to the City when an employee's service ends with
the City.
An employee may purchase additional City branded apparel at their own expense. All items
must be approved by their supervisor to ensure the items meet any applicable dress code
or other standard.
City of Arden Hills Personnel Policy Effective February 29, 2016
AtgvN Hu_i_�, Amended October 28, 2019
CITY VEHICLES AND EQUIPMENT
City vehicles and equipment shall be used only in conjunction with performance of City
operations and duties. City vehicles shall not be used for transportation from a specific job
site or location for the purpose of taking a rest period or lunch period, unless authorized
by the supervisor. Persons operating City vehicles are prohibited from providing rides to
non -authorized passengers. Employees are prohibited from using City vehicles or other
City equipment for personal purposes without prior approval from the City Administrator.
CITY DRIVING POLICY
This policy applies to all employees who drive a vehicle on City business whether driving
a City -owned vehicle or their own personal vehicle. The City expects all employees who
are required to drive as part of their job to drive safely and legally when on City business
and to maintain a good driving record. This includes, but is not limited to, the below rules
regarding cell phone usage and driving:
-Reading/sending text messages, making or receiving phone calls, emailing, video
calling, scrolling/ typing, accessing a webpage, or using non -navigation applications while
driving is strictly prohibited.
-In accordance with State law, there is an exception to hands free cell phone
operations to obtain emergency assistance to report a traffic accident, medical emergency
or serious traffic hazard or prevent a crime from being committed. There is also a State
law exception for authorized emergency vehicles while in the performance of official
duties.
-Employees who are charged with traffic violations resulting from the use of their
phone while driving will be solely responsible for all fines or charges that result from such
actions.
-Any violations of the hands-free law, including those witnessed by other staff or
Councilmembers, will be recorded in the employee's personnel file and the employee may
be subject to discipline up to and including termination.
The City will examine driving records once per year for all employees who are covered by
this policy to determine compliance with this policy. Employees who lose their driver's
license or receive restrictions on their license are required to notify their immediate
supervisor on the first day of work after any temporary, pending or permanent action is
taken on their license and to keep their supervisor informed of any changes thereafter.
The City will determine appropriate action on a case-by-case basis, up to and including
termination.
29
City of Arden Hills Personnel Policy Effective February 29, 2016
AI i -N HiI_I.s Amended October 28, 2019
BUILDING SECURITY
Security of City offices and buildings is of such extreme importance that special efforts
must be made to protect this property from unauthorized use or theft.
City employees are responsible to secure and safeguard City property under their control.
When leaving the building at the end of the day, employees must be sure that doors are
locked and the alarm system is activated.
30
City of Arden Hills Personnel Policy ' Effective February 29, 2016
AtQ( \ Hu -i -s Amended October 28, 2019
OUTSIDE EMPLOYMENT
The potential for conflict of interest is lessened when individuals employed by the City
regard the City as their primary employment responsibility. All outside employment is to
be reported to the employee's immediate supervisor. If a potential conflict exists based on
this policy or any other consideration, the supervisor will consult with the City
Administrator. Any City employee accepting employment in an outside position that is
determined by the City Administrator to be in conflict with the employee's City job will be
required to resign from the outside employment or may be subject to discipline up to and
including termination.
For the purpose of this policy, outside employment refers to any non -City employment or
consulting work for which an employee receives compensation, except for compensation
received in conjunction with military service or holding a political office or an appointment
to a government board or commission that is compatible with City employment. The
following is to be considered when determining if outside employment is acceptable:
• Outside employment must not interfere with a full-time employee's availability
during the City's regular hours of operation or with a part-time employee's regular
work schedule.
• Outside employment must not interfere with the employee's ability to fulfill the
essential requirements of his/her position.
• Outside employment must not use City equipment, resources or staff in the course
of the outside employment.
• The employee must not violate any City personnel policies as a result of outside
employment.
• The employee must not receive compensation from another individual or employer
for services performed during hours for which he/she is also being compensated
by the City. Work performed for others while on approved PTO or compensatory
time is not a violation unless that work creates the appearance of a conflict of
interest.
• Departments may establish more specific policies as appropriate, subject to the
approval of the City Administrator.
City employees are not permitted to accept outside employment that creates the appearance
of or the potential for a conflict with the development, administration or implementation
of policies, programs, services or any other operational aspect of the City.
31
City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
SMOKING
The City observes and supports the Minnesota Clean Indoor Air Act. All City buildings,
facilities, property and vehicles, in their entirety, shall be designated as tobacco free,
meaning that smoking in any form (through the use of tobacco products such as pipes,
cigars, and cigarettes) or "vaping" with e -cigarettes is prohibited while in a City facility,
building, vehicle or on City property.
Smoking of any kind, including pipes, cigars, and cigarettes, vaping with e -cigarettes, and
the use of chewing tobacco is prohibited for employees while on duty. Employees 18 and
over are allowed to smoke only during their breaks and lunch and only in areas designated
for that purpose.
PERSONAL COMMUNICATIONS AND USE OF SOCIAL MEDIA
It is important for City employees to remember that the personal communications of
employees may reflect on the City, especially if employees are commenting on City
business. The following guidelines apply to personal communications, including various
forms such as social media (Facebook, Twitter, blogs, YouTube, etc.), letters to the editor
of newspapers, and personal endorsements:
• Remember that what you write or post is public, and will be so for a long time. It may
also be spread to large audiences. Use common sense when using email or social
media sites. It is a good idea to refrain from sending or posting information or photos
that you would not want your boss or other employees to read, or that you would be
embarrassed to see in the newspaper. Keep in mind harassment, bullying, threats of
violence, discrimination, or retaliation that would not be permissible in the workplace
is not permissible between co-workers online, even if it is done after hours, from
home and on home computers.
• The City of Arden Hills expects its employees to be fair, courteous, and respectful to
supervisors, co-workers, citizens, customers, and other persons associated with the
city. Avoid using statements, photographs, video or audio that may reasonably be
viewed as malicious, obscene, threatening or intimidating, disparaging, or might
constitute harassment or bullying. Examples of such conduct might include offensive
posts meant to intentionally harm someone's reputation or posts that could contribute
to a hostile work environment on the basis of sex, race, national origin, age, color,
creed, religion, disability, marital status, familial status, veteran status, sexual
orientation, status with regard to public assistance or membership or activity in a local
commission.
• If you publish something related to City business, identify yourself and use a
disclaimer such as, "I am an employee of the City of Arden Hills. However, these are
my own opinions and do not represent those of the City of Arden Hills."
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City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
• City resources, working time, or official City positions cannot be used for personal
profit or business interests, or to participate in personal political activity. Some
examples: a building inspector could not use the City's logo, email, or working time to
promote his/her side business as a plumber; a parks employee should not access a
park after hours even though he or she may have a key; a clerk, while working at City
Hall, should not campaign for a friend who is running for City Council.
• Personal social media account name or email names should not he tied to the City
(e.g., (city name) Cop).
33
City of Arden Hills Personnel Policy I Effective February 29, 2016
Att !2�N Htu_, Amended October 28, 2019
COMPENSATION
Form of Payment
As provided for in Minnesota law, all employees are required to participate in direct
deposit. Employees are responsible for notifying the City Administrator, or their designee,
of any change in status including changes in address, phone number, names of
beneficiaries, marital status, etc.
Paystubs will not be given to anyone other than the person for whom they were prepared,
unless the person has a note signed by the employee authorizing the City to give the other
person the check. Paystubs will be given to the spouse, or another appropriate immediate
family member, in the case of a deceased employee.
Setting of Salaries
Salaries for all City employees are set by City Council, based on the recommendation of
the City Administrator and/or the Director of Finance.
Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell
any person the amount of their own wages. While the Minnesota Government Data
Practices Act (Minn. Statute 13.43). specifically lists an employee's actual gross salary and
salary range as public personnel data, Minnesota law also requires wage disclosure
protection rights and remedies to be included in employer personnel handbooks. To that
end, and in accordance with Minn. Statute 181.172, the City shall not:
• Require nondisclosure by an employee of his or her wages as a condition of
employment.
• Require an employee to sign a waiver or other document which purports to deny an
employee the right to disclose the employee's wages.
• Take any adverse employment action against an employee for disclosing the
employee's own wages or discussing another employee's wages which have been
disclosed voluntarily.
• Retaliate against an employee for asserting rights or remedies under Minn. Statute
181.172, subd. 3.
The City shall not retaliate against an employee for disclosing his/her own wages. An
employee's remedies under the Wage Disclosure Protection Law are to bring a civil action
against the city and/or file a complaint with the Minnesota Department of Labor and
Industry at (651) 284-5070 or (800) 342-5354.
34
City of Arden Hills Personnel Policy Effective February 29, 2016
AI iiLN Hu -i -s Amended October 28, 2019
Pay Date
It is the policy of the City of Arden Hills to compensate employees for service on a bi-
weekly basis. Pay period shall extend for a 14 -day work period beginning on Saturday and
ending on Friday. Direct deposit shall be issued no later than the following Friday.
Employees shall not receive payment before the scheduled pay date without the prior
consent of the City Administrator. When a pay date falls on an official holiday, employees
will receive their direct deposit on the last working day before the holiday.
Time Reporting
Full-time, non-exempt employees are expected to work the number of hours per week as
established for their position. In most cases, this will be 40 hours per workweek. They
will be paid according to the time reported on their time sheets. To comply with the
provisions of the federal and state Fair Labor Standards Acts, hours worked and any leave
time used by non-exempt employees are to be recorded daily and submitted to payroll on
a bi-weekly basis. Each time reporting form must include the signature of the employee
and immediate supervisor. Reporting false information on a time sheet may be cause for
immediate termination.
Overtime/ Compensatory Time
The City has established this overtime policy to comply with applicable state and federal
laws governing accrual and use of overtime. The City Administrator, or their designee, will
determine whether each employee is designated as "exempt" or "non-exempt" from
earning overtime. In general, employees in executive, administrative, and professional job
classes are exempt; all other are non-exempt.
Non -Exempt (Overtime -Eligible) Employees
All overtime -eligible employees will be compensated at the rate of time -and -one-half for
all hours worked over 40 in one workweek. Vacation, sick leave, and paid holidays do not
count toward "hours worked." Compensation will take the form of either time -and -one-
half pay or compensatory time. Compensatory time is paid time off at the rate of one -
and -one-half hours off for each hour of overtime worked.
For most employees the workweek begins at midnight on Saturday and runs until the
following Friday night at 11:59 p.m. Supervisors may establish a different workweek
based on the needs of the department, subject to the approval of the City Administrator.
The employee's supervisor must approve overtime hours in advance. An employee who
works overtime without prior approval may be subject to disciplinary action.
Overtime earned will be paid at the rate of time -and -one-half on the next regularly
scheduled payroll date, unless the employee indicates on his/her timesheet that the
overtime earned is to be recorded as compensatory time in lieu of payment.
35
City of Arden Hills Personnel Policy '� Effective February 29, 2016
UI N HILLS Amended October 28, 2019
The maximum compensatory time accumulation for any employee is 40 hours per year.
Once an employee has earned 40 hours of compensatory time in a calendar year, no
further compensatory time may accrue in that calendar year. All further overtime will be
paid. Employees may request and use compensatory time off in the same manner as
other leave requests.
All compensatory time will be marked as such on official time sheets, both when it is
earned and when it is used. The Finance Department will maintain compensatory time
records. All compensatory time accrued will be paid when the employee leaves City
employment at the hourly pay rate the employee is earning at that time.
Exempt (Non -Overtime -Eligible) Employees
Exempt employees are expected to work the hours necessary to meet the performance
expectations outlined by their supervisors. Generally, to meet these expectations, and for
reasons of public accountancy, an exempt employee will need to work 40 or more hours
per week. Exempt employees do not receive extra pay for the hours worked over 40 in
one workweek.
Exempt employees are paid on a salary basis. This means they receive a predetermined
amount of pay each pay period and are not paid by the hour. Their pay does not vary
based on the quality or quantity of work performed, and they receive their full weekly
salary for any week in which any work is performed.
The City will only make deductions from the weekly salary of an exempt employee in the
following situations:
• The employee is in a position that does not earn Personal Time Off (PTO) and
is absent for a day or more for personal reasons other than sickness or
accident.
• The employee is in a position that earns PTO, receives a short-term disability
benefit or workers' compensation wage loss benefits, and is absent for a full
day due to sickness or disability, but he/she is either not yet qualified to use the
paid leave or he/she has exhausted all of his/her paid leave.
• The employee is absent for a full workweek and, for whatever reason, the
absence is not charged to paid leave (for example, a situation where the
employee has exhausted all of his/her paid leave or a situation where the
employee does not earn paid leave).
• The very first workweek or the very last workweek of employment with the
City in which the employee does not work a full week. In this case, the City will
prorate the employee's salary based on the time actually worked.
• The employee is in a position that earns paid leave and is absent for a partial
day due to personal reasons, illness, or injury, but:
36
City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
• Paid leave has not been requested or has been denied.
• Paid leave is exhausted.
• The employee has specifically requested unpaid leave.
• The employee is suspended without pay for a full day or more for disciplinary
reasons for violations of any written policy that is applied to all employees.
• The employee takes unpaid leave under the FMLA.
• The City may for budgetary reasons implement a voluntary or involuntary
unpaid leave program and, under this program, make deductions from the
weekly salary of an exempt employee. In this case, the employee will be treated
as non-exempt for any workweek in which the budget -related deductions are
made.
The City will not make deductions from pay due to exempt employees being absent for
jury duty or attendance as a witness but will require the employee to pay back to the City
any amounts received by the employee as jury fees or witness fees.
If the City inadvertently makes an improper deduction to the weekly salary of an exempt
employee, the City will reimburse the employee and make appropriate changes to comply
in the future.
All employees, in all departments, are required to work overtime as requested by their
supervisors as a condition of continued employment. Refusal to work overtime may
result in disciplinary action. Supervisors will make reasonable efforts to balance the
personal needs of their employees when assigning overtime work.
Leave Policy for Exempt Employees
Exempt employees are required to work the number of hours necessary to fulfill their
responsibilities including evening meetings and/or on-call hours. The normal hours of
business for exempt staff are Monday through Friday, 8 a.m. to 4:30 p.m., plus evening
meetings as necessary. (Unless summer hours are in effect, then the hours are Monday —
Thursday from 7:30 a.m. to 5:00 p.m. and Friday 7:30 a.m. to 11:30 a.m.)
Because of the nature of the duties performed by these employees, it is impractical to
apply provisions which prescribe normal work hours. However, it is normally expected
that eighty (80) hours of work shall constitute a normal payroll period. It is recognized
that these employees are responsible for managing and accounting for their own hours of
work and that they may work hours in excess of the normal work day and/or payroll
period and may make adjustments in hours of work in subsequent work days and/or
payroll periods, provided such time management system does not result in overtime
payment or guarantee hour -for -hour time off for extra hours worked (Flex time). These
employees should maintain their schedules on their Outlook calendar. Exempt
37
City of Arden Hills Personnel Policy ,` Effective February 29, 2016
UQf lu.i_s Amended October 28, 2019
employees must communicate their absence to their supervisor or in their absence the
City Administrator or his/her designee.
If one of the above employees is regularly absent from work under this policy and it is
found that there is excessive time away from work, the situation will be handled as a
performance issue. Additional notification and approval requirements may be adopted by
the City Administrator or his/her designee for specific situations as determined
necessary.
City of Arden Hills Personnel Policy & Effective February 29, 2016
Att !2�N Htu_> Amended October 28, 2019
BENEFITS
Insurance
All full time and benefit earning employees shall be required to participate in the
Employer's group health, dental, life, and other applicable insurance programs. The
Employer shall contribute a monthly sum established annually by the Council.
Detailed analysis of the current insurance program shall be included in the annual benefit
summary.
POST EMPLOYMENT HEALTH CARE SAVINGS PLAN
All full-time and benefit earning employees are eligible to participate in the Minnesota Post
Employment Health Savings Plan (HCSP) established under Minnesota Statutes, section
352.98 (Minn. Supp. 2001) and as outlined in Minnesota State Retirement System's Trust
and Plan Documents.
All funds collected by the City on behalf of the employee will be deposited into the
employee's Post Employment Health Care Savings Plan Account through Minnesota State
Retirement System.
The City has agreed to contribute payroll deductions to the Post Employment Health Care
Savings Plan (HCSP) with Minnesota State Retirement Systems as described below:
A. All upper management employees (Director Level and above) shall
contribute an ongoing percent of pay of 2% to HCSP.
B. All City employees who are eligible for the unused sick leave severance
payout (Bank), will contribute to the Post Employment Health Care Savings
Plan as described below:
■ All employees who have an eligible sick leave (Bank) balance upon
separation shall have 100% of those funds converted into cash, and
the dollars shall be deposited into their Post -Employment Health Care
Savings Account (HCSP) on their final check.
C. All City employees who are eligible for the unused Personal Time Off (PTO),
Flex Time, or Compensatory Time severance payout, outlined in the
Personal Time Off, Exempt Employee Guidelines, and Compensation
sections of this policy, will contribute to the Post Employment Health Care
Savings Plan as described below:
39
City of Arden Hills Personnel Policy 111 Effective February 29, 2016
AtQi N Hu_i_�- Amended October 28, 2019
■ All employees who have an eligible Personal Time OFF (PTO) leave
balance upon leaving the City shall have 100% of those hours
converted into cash and deposited into their Post -Employment Health
Savings Account (HCSP) on their final check.
■ All employees who have an eligible Flex Time or Comp Time leave
balance upon leaving the City shall have 100% of those hours
converted into cash and deposited into their Post -Employment Health
Savings Account (HCSP) on their final check.
D. In the event of the employees death, any payments owed to this employee
by the City, may not be contributed into the Post -Employment Health Care
Savings Account (HCSP). Upon death of the employee, all payments owed
to this employee will be paid to the employees beneficiaries.
.o
City of Arden Hills Personnel Policy 111 Effective February 29, 2016
At'!2 nN Htu_�- Amended October 28, 2019
HOURS OF WORK
Work Schedules
Because of the necessity of providing municipal services twenty-four hours per day, seven
days per week, employees are required to work a regular schedule of hours as established
by the City. A regular schedule of hours should not be construed as excluding shift
rotations and emergency work schedules based on public necessity as determined by the
City. Those employees with approved Flex hour schedules shall have the proper
documentation in their Personnel File and maintain those hours.
Part-time, seasonal, and temporary positions:
In order to comply with law while avoiding penalties, part-time employees will be
scheduled with business needs and in a manner that ensures positions retain part-time
status as intended. Effective February 29, 2016, employees in part-time and temporary
positions will not be permitted to work more than 28 hours/week, including hours worked
and paid leave (such as annual leave or holiday leave). All shifts, including schedule trades
or picked -up shifts, must be pre -approved by supervisor. Unpaid furloughs may be
imposed on employees who exceed 28 hours/week. Working a shift without prior
approval may result in discipline, up to and including termination of employment. In some
rare instances, a part-time, seasonal, or temporary employee may be offered health
insurance in order to comply with federal health care reform laws and regulations.
Work Assignments
The department managers and the City Administrator will arrange work assignments for
the best operation of the department for all employees in all departments. All meal breaks
are unpaid.
Breaks
A fifteen (15) minute rest period/break will be allowed within each four (4) consecutive
hours of work during an employee's shift. Departments are responsible for scheduling rest
periods/breaks that do not interfere with work requirements. A thirty (30) minute unpaid
lunch break will be provided during a shift, and will normally occur midway in a shift.
Employees are expected to use these breaks as intended and will not be permitted to adjust
work start/end time by saving these breaks.
Employees working in City buildings will normally take their breaks at the place provided
for that purpose in each building. Employees working out-of-doors will normally take
their break at the location of their work. Employees whose duties involve traveling
throughout the City may stop along the assigned route at a restaurant or other public
accommodation for their fifteen (15) minute break. Exceptions must be approved by the
supervisor or department director.
41
City of Arden Hills Personnel Policy _4mb_ Effective February 29, 2016
AI ILLN HILLS Amended October 28, 2019
Departments with unique job or coverage requirements may have additional rules, issued
by the supervisor and subject to approval of the City Administrator, on the use of meal
breaks and rest periods.
Employees will not work through a lunch break without prior approval from the City
Administrator or supervisor.
Up to a one (1) hour unpaid lunch period may be provided in each eight (8) hour workday
with the approval of the employee's supervisor if breaks are combined with the thirty (30)
minute lunch. Exempt employees shall receive lunch periods at times determined by the
needs of their work.
Any employee who performs a regular eight (8) hour shift between the hours of
9:00 p.m. and 9:00 a.m., or any employee who works more than five (5) consecutive hours
of overtime, shall be given a thirty (30) minute lunch break with pay.
Summer Hours
The City Council may annually approve summer hours of operation, which will typically
begin on the Tuesday after Memorial Day each year and end on the Friday before Labor
Day of each year.
HOLIDAYS
All full-time employees are eligible for the following holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving
Day after Thanksgiving
Christmas Eve Afternoon
(last 4 hours of working day)
Christmas Day
New Year's Eve Afternoon
(last 4 hours of working day)
1 Floating Holiday
January 1st
Third Monday in January
Third Monday in February
Last Monday in May
July 4th
First Monday in September
November 11 th
Fourth Thursday in November
Fourth Friday in November
December 24th
(this turns into a floater in years that Christmas
Eve lands on a Saturday or a Sunday)
December 25th
December 31s'
(this turns into a floater in years that New Year's
Eve lands on a Saturday or a Sunday)
Determined by the employee with supervisor
approval
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City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
Official holidays commence at the beginning of the first shift of the day on which the
holiday is observed and continue for twenty-four (24) hours thereafter.
Whenever a holiday falls on a Sunday, the following Monday will be considered the holiday.
Whenever a holiday falls on a Saturday, the preceding Friday will be considered the holiday.
Employees will receive full pay at their normal straight time rates for eight (8) hours for
each holiday listed provided the employee is on compensated payroll status the last assigned
work day preceding the holiday, and the first assigned work day following the holiday. Any
employee on a leave of absence without pay from the City is not eligible for holiday pay.
Employees required to work on a designated holiday shall be compensated two (2) times
their base hourly pay rate for each hour worked. Full-time or part-time employees who
work an average of 20 hours a week or more will be eligible for pro -rated holiday pay. This
pay will be based on their average daily hours worked.
43
City of Arden Hills Personnel Policy ,` Effective February 29, 2016
UQ�x f lu.i_s Amended October 28, 2019
PERSONAL TIME OFF
All employees hired before June 29, 2002, will convert their current sick leave accrued
hours to Personal Time Off (PTO). The conversion will be calculated by adding current
accrued sick leave and current accrued vacation and subtracting two hundred forty hours
(240) as PTO. The remainder of the sick leave will be added to the "Bank". "Bank" is
defined as accrued hours which may be used only when the employee qualifies under Short -
Term Disability, Long -Term Disability or when accrued PTO is exhausted. Full-time
employees who have completed ten (10) or more years of continuous service with the City
and who leave in good standing will receive 33-1/3% of unused, accumulated sick leave or
"Bank Hours" upon their separation. Full-time employees who have completed twenty
(20) or more years of continuous service with the City and who leave in good standing will
receive 50% of unused, accumulated sick leave or "Bank Hours" upon their separation.
To qualify for this benefit an employee must have an established sick leave bank resulting
from the conversion of the PTO program. Any benefit paid shall be paid into the
employee's Post -Employment Health Care Savings Plan.
Personal Time Off (PTO) is authorized absence from duty. It can be used for any reason,
subject to existing request and approval procedures. As with all paid time off programs,
the City needs to ensure that service to the public and work requirements are not
adversely impacted.
Qualified full-time employees and part-time employees are eligible for Personal Time Off
(PTO). Employees may not use Personal Time Off until successful completion of their
training period, although Personal Time Off accumulates during this time. Personal Time
Off for part-time benefited employees shall be pro -rated.
The following chart provides information regarding Personal Time Off. Years of service
are calculated from the anniversary date of employment.
PERSONAL TIME OFF SCHEDULE (Hired Previous to June 29, 2015)
Completed Service Personal Time
0-60 months 7 hours bi-weekly
61 Months — 120 months 9 hours bi-weekly
after 120 months 10 hours bi-weekly
PERSONAL TIME OFF SCHEDULE (Hired June 29, 2015, or after)
Completed Service Personal Time
0-36 months 6 hours bi-weekly
37 months to 108 months 7 hours bi-weekly
109 months to 168 months 7.5 hours bi-weekly
169 months to 228 months 8.5 hours bi-weekly
229 months or more 9 hours bi-weekly
City of Arden Hills Personnel Policy '� Effective February 29, 2016
UI N HILLS Amended October 28, 2019
Benefit year for Personal Time Off is March 1St through February 28th. A maximum of 240
hours of Personal Time Off may be carried over from benefit year to benefit year. Carry-
over beyond 240 hours of Personal Time Off will only be made under special
circumstances with approval from the City Administrator.
All employees must receive permission from the department supervisor or City
Administrator at least ten (10) working days prior to taking Personal Time Off when
Personal Time Off is to extend for a period of more than three (3) consecutive days. If
three (3) consecutive days of unscheduled Personal Time Off are used, the supervisor shall
make an inquiry into the employee's absence, and the employee shall cooperate in
authorizing the supervisor to obtain any necessary medical, hospital or other records that
validate the unscheduled absence. If the Personal Time Off is to be for eight (8) hours or
less, permission will be granted without notice if their supervisor feels that City service will
not be adversely affected. Priority will be given to Personal Time Off scheduling based on
the earliest date of request. Personal Time Off scheduling for departmental employees is
the responsibility of the department managers. No employee will be permitted to use
Personal Time off for the purpose of receiving double pay.
Any employee leaving the service of the City in good standing will be compensated 100%
for Personal Time Off accrued, not to exceed 240 hours, to the day of separation provided
said employee has served at least twelve (12) consecutive months prior to separation and
has given the City at least two weeks notice prior to the effective date of such separation.
Such pay for accumulated Personal Time Off will be at the same rate as the hourly rate of
the employee's base salary. Personal Time Off may not be used to extend an employee's
actual termination date. This benefit shall be paid into the employee's Post -Retirement
Health Care Savings Plan.
When a paid holiday falls on a working day during an employee's Personal Time Off, the
day of the holiday will not be counted as a day of Personal Time Off.
One (1) day of Personal Time Off shall equal eight (8) hours for full time employees, or
the number of regular hours worked in a shift.
In the case of disability from a work related disease or injury for which Worker's
Compensation benefits are available, an employee may elect to use Personal Time Off
benefits rather than Worker's Compensation benefits by notifying the City Administrator,
or their designee, of their election. Under no circumstances can an employee receive both
Personal Time Off and Worker's Compensation benefits for the same period of disability,
except if the employee elects to receive Worker's Compensation benefits he/she may also
use Personal Time Off to the extent necessary to increase their income to their net wage
prior to the injury or onset of the disease.
45
City of Arden Hills Personnel Policy '� Effective February 29, 2016
Att !2�N Hiu-s Amended October 28, 2019
EXEMPT EMPLOYEE FLEX -TIME GUIDELINES
Exempt employees may accrue flex -time on a 1:1 ratio for attending various meetings
outside of their normal work day. Exempt employees may use accrued flex -time as
approved by their supervisor, but no more than 9 consecutive hours of flex time may be
used at one time. Exempt employees shall be compensated for no more than eighty (80)
hours of accrued flex -time upon termination. This benefit shall be paid into the employee's
Post -Retirement Health Care Savings Plan.
MEDICAL CERTIFICATION
Good attendance is an essential job function for all City employees. If unplanned
absences are excessive, a doctor's certification may be required. The physician's
certification is to state the nature and duration of the illness or injury and verify that the
employee is unable to perform the duties and responsibilities of his/her position. A
statement attesting to the employee's ability to return to work and perform the essential
functions of the job and a description of any work restrictions may also be required
before the employee returns to work.
Annual leave will not accrue during unpaid leaves. Benefit earning employees will accrue
annual leave on a prorated basis based on regular hours worked.
Annual leave will accrue on a pay -period basis. Employees can carry over any annual
leave that does not exceed the stated cap.
46
City of Arden Hills Personnel Policy Effective February 29, 2016
Att !2�N Hu -i -s Amended October 28, 2019
MILITARY LEAVE
State and federal laws provide protections and benefits to City employees who are called
to military service, whether in the reserves or on active duty. Such employees are entitled
to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for
the time the employee is engaged in training or active service not exceeding a total of 15
days in any calendar year.
The leave of absence is only in the event the employee returns to employment with the
City as required upon being relieved from service, or is prevented from returning by
physical or mental disability or other cause not the fault of the employee, or is required
by the proper authority to continue in military or naval service beyond the fifteen (15)
day paid leave of absence. Employees on extended unpaid military leave will receive
fifteen (15) days paid leave of absence in each calendar year, not to exceed five years.
Where possible, notice is to be provided to the City at least ten (10) working days in
advance of the requested leave. If an employee has not yet used his/her fifteen (15) days
of paid leave when called to active duty, any unused paid time will be allowed for the
active duty time, prior to the unpaid leave of absence.
Employees returning from military service will be reemployed in the job that they would
have attained had they not been absent for military service and with the same seniority,
status and pay, as well as other rights and benefits determined by seniority. Unpaid
military leave will be considered hours worked for the purpose of vacation leave and sick
leave accruals.
Eligibility for continuation of insurance coverage for employees on military leave beyond
fifteen (15) days will follow the same procedures as for any employee on an unpaid leave
of absence.
FUNERAL LEAVE
Employees will be permitted to use up to three (3) consecutive working days, with pay, as
funeral leave upon the death of an immediate family member. This paid leave will not be
deducted from the employee's PTO balance.
The actual amount of time off, and funeral leave approved, will be determined by the
supervisor or City Administrator depending on individual circumstances (such as the
closeness of the relative, arrangements to be made, distance to the funeral, etc.).
ELECTIONS/TIME OFF TO VOTE
An employee selected to serve as an election judge pursuant to Minnesota law, will be
allowed time off without pay for purposes of serving as an election judge, provided that
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City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
the employee gives the City at least ten (10) days written notice.
All employees eligible to vote at a State general election, at an election to fill a vacancy in
the office of United States Senator or Representative, or in a Presidential primary, will be
allowed time off with pay to vote on the election day. Employees wanting to take
advantage of such leave are required to work with their supervisors to avoid coverage
issues.
JURY DUTY
Full-time and benefit earning employees will be granted paid leaves of absence for required
jury duty. Time spent on jury duty will not be counted as time worked for computing
overtime.
Employees excused or released from jury duty during their regular working hours will
report to their regular work duties as soon as reasonably possible or will take accrued
Personal Time Off (PTO) to make up the difference.
Employees are to notify their supervisor as soon as possible after receiving notice to report
for jury duty. The employee will be responsible for ensuring that a report of time spent on
jury duty and pay for is completed by the Court Clerk so the City will be able to determine
the amount of compensation due for the period involved.
Temporary and seasonal employees are generally not eligible for compensation for
absences due to jury duty, but can take leave without pay subject to department head
approval. However, if a temporary or seasonal employee is classified as exempt, he/she
will receive compensation for the jury duty time.
COURT APPEARANCES
Employees will be paid their regular wage to testify in court for City -related business. Any
compensation received for court appearances (e.g. subpoena fees) arising out of or in
connection with city employment, minus mileage reimbursement, must be turned over to
the City.
VICTIM OR WITNESS LEAVE
An employer must allow a victim or witness, who is subpoenaed or requested by the
Prosecutor to attend court for the purpose of giving testimony, or is the spouse or
immediate family member (immediate family member includes parent, spouse, child or
sibling of the employee) of such victim, reasonable time off from work to attend criminal
proceedings related to the victim's case. PTO, if available, will be taken for victim or
witness leave unless otherwise dictated by local, state, or federal law.
City of Arden Hills Personnel Policy * Effective February 29, 2016
AtgvN Hu_i_> Amended October 28, 2019
JOB RELATED ILLNESS OR INJURY
All employees are required to report any job-related illnesses or injuries to their
supervisor immediately (no matter how minor). If your supervisor is not available, then
you must report this to the department director or the City Administrator, or his/her
designee. If a supervisor is not available and the nature of injury or illness requires
immediate treatment, the employee is to go to the nearest available medical facility for
treatment and, as soon as possible, notify his/her supervisor of the action taken or the
department director or the City Administrator or his/her designee. In the case of an
emergency, 911 should be called.
If the injury is not of an emergency nature, but requires medical attention, the employee
will report it to the supervisor and make arrangements for a medical appointment.
Workers' compensation benefits and procedures to return to work will be applied
according to applicable state and federal laws.
LEAVE POLICIES
PREGNANCY AND PARENTING LEAVE
Employees who work twenty (20) hours or more per week and have been employed
more than one year are entitled to take an unpaid leave of absence under the Pregnancy
and Parenting Leave Act of Minnesota. Female employees for prenatal care, or incapacity
due to pregnancy, childbirth, or related health conditions as well as a biological or
adoptive parent in conjunction with after the birth or adoption of a child are eligible for
up to 12 weeks of unpaid leave and must begin within twelve (12) months of the birth or
adoption of the child. In the case where the child must remain in the hospital longer than
the mother, the leave must begin within 12 months after the child leaves the hospital.
Employee should provide reasonable notice, which is at least 30 days prior to the
expected leave date. If the leave must be taken in less than three days, the employee
should give as much notice as practicable.
Employees are required to use accrued leave (i.e., PTO) during Parenting Leave. If the
employee has any FMLA eligibility remaining at the time this leave commences, this leave
will also count as FMLA leave. The two leaves will run concurrently. The employee is
entitled to return to work in the same position and at the same rate of pay the employee
was receiving prior to commencement of the leave. Group insurance coverage will
remain available while the employee is on leave pursuant to the Pregnancy and Parenting
Leave Act, but the employee will be responsible for the entire premium unless otherwise
provided in this policy (i.e., where leave is also FMLA qualifying). For employees on an
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City of Arden Hills Personnel Policy '� Effective February 29, 2016
Aii !2�y Hn.i_s Amended October 28, 2019
FMLA absence as well, the employer contributions toward insurance benefits will
continue during the FMLA leave absence.
ADMINISTRATIVE LEAVE
Under special circumstances, an employee may be placed on an administrative leave
pending the outcome of an internal or external investigation. The leave may be paid or
unpaid, depending on the circumstances, as determined by the city administrator or
his/her designee with the approval of the City Council.
ADOPTIVE PARENTS
Adoptive parents will be given the same opportunities for leave as biological parents (see
provisions for Parenting Leave). The leave must be for the purpose of arranging the
child's placement or caring for the child after placement. Such leave must begin before or
at the time of the child's placement in the adoptive home.
SCHOOL CONFERENCE LEAVE
Any employee who has worked half-time or more for more than twelve (12) consecutive
months, may take unpaid leave for up to a total of sixteen (16) hours during any 12 -
month period to attend school conferences or classroom activities related to the
employee's child (under 18 or under 20 and still attending secondary school), provided
the conference or classroom activities cannot be scheduled during non -work hours.
When the leave cannot be scheduled during non -work hours and the need for the leave is
foreseeable, the employee must provide reasonable prior notice of the leave and make a
reasonable effort to schedule the leave so as not to disrupt unduly the operations of the
City. Employees may choose to use PTO hours for this absence, but are not required to
do so.
BONE MARROW DONATION LEAVE
Employees working an average of 20 or more hours per week may take paid leave, not to
exceed 40 hours unless agreed to by the City, to undergo medical procedures to donate
bone marrow. The City may require a physician's verification of the purpose and length
of the leave requested to donate bone marrow. If there is a medical determination that
the employee does not qualify as a bone marrow donor, the paid leave of absence granted
to the employee prior to that medical determination is not forfeited.
REGULAR LEAVE WITHOUT PAY
Upon consideration of a formal written request by an employee, the City Administrator
may authorize leave without pay for up to thirty (30) days. An additional thirty (30) days
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City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
extension beyond that period may be granted at the discretion of the City Administrator.
Leave without pay for greater periods may be granted by the City Council to a maximum
of one (1) year.
Normally employee benefits will not be earned by an employee while on leave without
pay. However, the City's contribution toward health, dental and life insurance may be
continued, if approved by the City Council, for leaves of up to ninety (90) days when the
leave is for medical reasons and FMLA has been exhausted.
If an employee is on a regular leave without pay and is not working any hours, the
employee will not accrue (or be paid for) holidays, or PTO (annual leave). Employees who
are working reduced hours while on this type of leave will receive holiday pay on a
prorated basis and will accrue PTO (annual leave) based on actual hours worked.
Leave without pay hours will not count toward seniority and all accrued PTO and
compensatory time must normally be used before an unpaid leave of absence will be
approved.
To qualify for leave without pay, an employee need not have used all PTO (annual leave)
unless the leave is for medical reasons. Leave without pay for purposes other than
medical leave or work-related injuries will be at the convenience of the City.
Employees returning from a leave without pay for a reason other than a qualified
Parenting Leave or FMLA, will be guaranteed return to the original position only for
absences of thirty (30) calendar days or less.
Employees receiving leave without pay in excess of thirty (30) calendar days, for reasons
other than qualified Parenting Leave or FMLA, are not guaranteed return to their original
position. If their original position or a position of similar or lesser status is available, it
may be offered at the discretion of the City Administrator subject to approval of the City
Council.
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FAMILY AND MEDICAL LEAVE
Eligibility
To qualify to take FMLA leave under this policy, an employee must meet all of the
following conditions:
• Have worked for the City for 12 months (or 52 weeks) prior to the date the leave is
to commence. The 12 months or 52 weeks need not have been consecutive;
however, the City will not consider any service 7 years prior to the employee's most
recent hire date.
• Have worked at least 1, 250 hours during the 12 -month period prior to the date
when the leave is requested to commence. The principles established under the Fair
Labor Standards Act ("FLSA") determine the number of hours worked by an
employee. The FLSA does not include time spent on paid or unpaid leave as hours
worked. Consequently, these hours of leave should not be counted in determining
the 1,250 hours eligibility test for an employee under FMLA.
Types of Leave Covered
Leave will be granted to all eligible employees (male and female) for any of the following
reasons:
• The birth of a child, including prenatal care, or placement of a child with the
employee for adoption or foster care;
• To care for a spouse, child or parent who has a serious health condition;
• Due to a serious health condition that makes the employee unable to perform the
essential functions of the position; and
• A covered military member's active duty or call to duty or to care for a covered
military member (Military Caregiver and Qualified Exigency Leave) described below.
Definitions
• "Caring" for a covered family member includes psychological as well as physical
care. It also includes acquiring care and sharing care duties.
• An eligible "child" is defined as a person under 18 years of age (or a person incapable
of self-care because of a physical or mental disability) who is a biological, adopted,
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foster, or step child, a ward of the employee, or a person with whom the employee
is charged with a parent's rights, duties and responsibilities.
• "Spouse" does not include domestic partners or common-law spouses.
• An eligible "parent" includes a biological parent or a person who was charged with
parental rights, duties and responsibilities over the employee when the employee
was under the age of 18; "parent" doesn't include in-laws.
• "Serious Health Condition" as defined under the FMLA means an illness, injury,
impairment, or physical or mental condition that involves one of the following:
• Hospital Care: Any period of incapacity or treatment connected with inpatient
care (i.e., an overnight stay) in a hospital, hospice, or residential medical care
facility;
• Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care or
child birth;
• Absence Plus Treatment: A period of incapacity of more than three consecutive
calendar days that also involves continuing treatment by or under the supervision
of a health care provider.
• Chronic Conditions Requiring Treatments. An incapacity from a chronic
condition which requires periodic visits for treatment by a health care provider,
continues over an extended period of time and may cause episodic rather than a
continuing period of incapacity;
• Permanent/Long-term Conditions Requiring Supervision;
• Multiple Treatments: Any period of absence to receive multiple treatments
(including any period of recovery therefrom) by a health care provider or by a
provider of health care services under orders of, or on referral by, a health care
provider.
• "Incapacity" means inability to work, attend school or perform other regular
daily activities.
Length and Amount of Leave
The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month
period. The leave year is calculated based on looking forward from the first day the
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Ai 2i_N Hiu-s' Amended October 28, 2019
employee is absent from work.
The entitlement to FMLA leave for the birth or placement of a child for adoption expires
twelve (12) months after the birth or placement of that child.
How Leave May be Taken
FMLA leave may be taken in 12 (or less) consecutive weeks, may be used intermittently (a
day periodically when needed) or may be used to reduce the workweek or workday,
resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12
workweeks.
Intermittent Leave may be taken when medically necessary for the employee's serious
health condition or to care for a seriously ill family member. Intermittent leave must be
documented in the medical certification form as medically necessary.
If an employee is taking leave intermittently or leave on a reduced schedule for planned
medical treatment, the employee must make a reasonable effort to schedule the treatment
so as to not disrupt the City's business.
In instances when intermittent or reduced schedule leave for the employee or employee's
family member is foreseeable or is for planned medical treatment, including recovery from
a serious health condition, the City may temporarily transfer an employee to an available
alternative position with equivalent pay and benefits if the alternative position would better
accommodate the intermittent or reduced schedule.
Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed
adopted or foster care child only with the City's approval.
Notice
All employees requesting FMLA leave must provide written or verbal notice of the need
for the leave to The City Administrator, or their designee,.
When the need for the leave is foreseeable, the employee must give verbal or written notice
to his/her supervisor at least thirty (30) days prior to the date on which leave is to begin.
If thirty (30) days' notice cannot be given, the employee is required to give as much notice
as practical, including following required call-in procedures.
If an employee fails to give thirty (30) days' notice for a foreseeable leave with no
reasonable explanation for the delay, the leave may be denied until thirty (30) days after the
employee provides notice.
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Certification and Documentation Requirements
For leave due to an employee's serious health condition or a family member's, the City will
require the completion of a Medical Certification form by the attending physician or
practitioner. The form must be submitted to the City Administrator, or their designee,
within fifteen (15) calendar days after requested. If the form is not submitted in a timely
fashion, the employee must provide a reasonable explanation for the delay. Failure to
provide medical certification may result in a denial or delay of the leave.
The City may require an employee to obtain a second opinion from a provider selected by
the City. If necessary to resolve a conflict between the original certification and the second
opinion, the City may require the opinion of a third doctor. This third opinion will be
considered final. An employee will be provisionally entitled to leave and benefits under the
FMLA pending the second and/or third opinion.
When Leave is due to an employee's own serious health condition, a fitness for duty
certification (FFD) may be required before an employee can return to work. Failure to
timely provide such certification may eliminate or delay an employee's right to
reinstatement under the FMLA.
If an employee is using intermittent leave, and reasonable safety concerns exist regarding
the employee's ability to perform his or her duties, a FFD certificate may be required as
frequently as every 30 days during periods when the employee has used intermittent leave.
Recertification
Recertification of the need for leave may be required if the employee requests an extension
of the original length of leave approved by the City or if the circumstances regarding the
leave have changed. Recertification may also be required if there is a question as to the
validity of the certification or if the employee is unable to return to work due to a serious
health condition.
Reinstatement
Employees returning from Family and Medical Leave will be reinstated in the same position
or a position equivalent in pay, benefits and other terms and conditions of employment.
An employee's reinstatement rights are the same as they would have been had the employee
not been on leave. Thus, if an employee's position would have been eliminated or an
employee would have been terminated but for the leave, the employee would not have the
right to be reinstated upon return from leave.
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City of Arden Hills Personnel Policy Effective February 29, 2016
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Notice of Intent to Return from FMLA Leave
The City requires an employee on FMLA leave to report periodically on the employee's
status and intent to return to work.
Effect on Benefits
An employee granted leave under this policy will continue to be covered under the City's
group health and dental insurance plan under the same conditions and at the same level of
City contribution as would have been provided had they been continuously employed
during the leave period. All paid benefits run concurrently with unpaid FMLA benefits.
For example, STD benefits, if available, will run concurrently with unpaid FMLA leave so
that an employee will receive STD benefits while taking up to 12 weeks of FMLA leave.
An employee may (but is not required to) use accrued PTO to make up the difference in
pay between STD or LTD benefits and their normal pay; however, at no point can the
combination of benefits paid and PTO taken exceed an employee's normal pay (this is
subject to the City's current disability plan and changes in the plan may supersede this
policy). If there are changes in the City's contribution levels while the employee is on leave,
those changes will take place as if the employee were still on the job.
The employee will be required to continue payment of the employee portion of group
insurance coverage while on leave. Arrangements for payment of the employee's portion
of premiums must be made by the employee with the City.
Failure to Return to Work after FMLA
Under certain circumstances, if the employee does not return to work at the end of the
FMLA leave for at least 30 calendar days, the City may require the employee to repay the
portion of the monthly cost paid by the City for group health plan benefits. The City may
also require the employee to repay any amounts the City paid on the employee's behalf to
maintain benefits other than group health plan benefits.
If an employee does not return to work following 12 weeks of FMLA leave, the employee
may be subject to COBRA continuation.
If the employee fails to pay the City a portion of the premiums for which he or she is
responsible during the FMLA leave and the employee fails to return to work, coverage may
end. Loss of coverage for failure to pay premiums is not a qualifying event for purposes of
continuation coverage under COBRA.
If the employee does not return from the FMLA leave and coverage ended sometime
during the FMLA leave due to lack of payment, there is no COBRA election available. For
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Al ILLN HILLS Amended October 28, 2019
COBRA to apply, the employee must have been covered on the day before the qualifying
event. In this situation, the qualifying event would occur at the time the employee did not
return from the leave.
Activities Prohibited During FMLA
While on leave, an employee may not engage in activities (including employment) which
have the same or similar requirements and essential functions of an employee's current
position.
While on leave, an employee may not engage in any activity that conflicts with the best
interests of the City. Such conduct will result in disciplinary action up to and including
termination of employment.
Seniority
Seniority does not accrue during any period of unpaid FMLA except as allowed when the
leave is covered by Worker's Compensation. However, seniority accrued prior to
commencement of FMLA leave will not be lost.
Use of Accrued Paid Leave or Compensatory Time During Family and Medical
Leave
Prior to taking unpaid FMLA leave employees must use all accrued PTO (annual leave) and
compensatory time unless their medical condition/injury is covered by worker's
compensation.).
Any paid disability leave benefits or sick leave available to employees for covered reason
(an employee's serious health condition or a covered family member's serious health
condition, including Workers' Compensation leave [to the extent that it qualifies]) will run
concurrently with FMLA.
Additional Leave
Employees who cannot return from an approved FMLA leave at the end of the approved
leave period may request an extension (up to the maximum of twelve (12) weeks allowed
under FMLA). If the twelve (12) FMLA weeks have already been used, the employee can
request to go on a regular unpaid leave of absence. If approved, before unpaid leave begins
the employee must use any accrued compensatory time, or PTO (annual leave) that remains.
If the leave is approved and unpaid, the employee will be required to pay the full cost of
all group insurance, as provided under COBRA, in order to continue coverage.
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City of Arden Hills Personnel Policy Effective February 29, 2016
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If the unpaid leave of absence is not approved or the employee fails to request additional
leave, the employee will be considered to have voluntarily resigned. If circumstances
beyond the employee's control prevented the employee from requesting additional leave, a
retroactive leave request may be allowed, subject to the City Council's approval.
City of Arden Hills Personnel Policy Effective February 29, 2016
Amended October 28, 2019
FMLA -- QUALIFIED EXIGENCY AND MILITARY CAREGIVER LEAVE
Qualified Exigency: Eligible employees (described previously under FMLA) whose
spouse, son, daughter or parent either has been notified of an impending can or order to
covered active military duty or who is already on covered active duty may take up to 12
weeks of leave for reasons related to or affected by the family member's call-up or service.
The qualifying exigency must be one of the following: (1) short -notice deployment. (2)
Military events and activities, 3) child care and school activities, (3) financial and legal
arrangements, 5) counseling, 6) rest and recuperation, (7) post -deployment activities and
8) additional activities that arise out of active duty, provided that the employer and
employee agree, including agreement on timing and duration of the leave.
Military Caregiver Leave: An employee eligible for FMLA leave (described previously
under FMLA) who is the spouse, son, daughter, or parent, or next of kin of a covered
servicemember may take up to 26 weeks, in a single 12 -month period, of leave to care for
that servicemember.
The family member must be a current member of the Armed Forces, including a member
of the National Guard or Reserves, or a member of the Armed Forces, the National Guard
or Reserves who is on the temporary disability retired list, who has a serious injury or illness
incurred in the line of duty on active duty for which he or she is undergoing medical
treatment, recuperation, or therapy; or otherwise in outpatient status; or otherwise on the
temporary disability retired list. Eligible employees may not take leave under this provision
to care for former members of the Armed Forces, former members of the National Guard
and Reserves, and members on the permanent disability retired list.
Definitions:
• A "son or daughter of a covered servicemember" means the covered
servicemember's biological, adopted, or foster child, stepchild, legal ward, or a child
for whom the covered servicemember stood in loco parentis, and who is of any age.
• A "parent of a covered servicemember" means a covered servicemember's
biological, adoptive, step or foster father or mother, or any other individual who
stood in loco parentis to the covered servicemember. This term does not include
parents "in law."
• The "next of kin of a covered servicemember" is the nearest blood relative, other
than the covered servicemember' s spouse, parent, son, or daughter, in the following
order of priority: blood relatives who have been granted legal custody of the
servicemember by court decree or statutory provisions, brothers and sisters,
grandparents, aunts and uncles, and first cousins, unless the covered servicemember
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AI' ILN Hiu-s Amended October 28, 2019
has specifically designated in writing another blood relative as his or her nearest
blood relative for purposes of military caregiver leave under the FMLA. When no
such designation is made, and there are multiple family members with the same level
of relationship to the covered servicemember, all such family members shall be
considered the covered servicemember' s next of kin and may take FMLA leave to
provide care to the covered servicemember, either consecutively or simultaneously.
When such designation has been made, the designated individual shall be deemed
to be the covered servicemember's only next of kin. For example, if a covered
servicemember has three siblings and has not designated a blood relative to provide
care, all three siblings would be considered the covered servicemember' s next of
kin. Alternatively, where a covered servicemember has a sibling(s) and designates a
cousin as his or her next of kin for FMLA purposes, then only the designated cousin
is eligible as the covered servicemember' s next of kin. An employer is permitted to
require an employee to provide confirmation of covered family relationship to the
covered servicemember pursuant to § 825.1220).
"Covered active duty" means:
• "Covered active duty" for members of a regular component of the Armed Forces
means duty during deployment of the member with the Armed Forces to a
foreign country.
• "Covered active duty" for members of the reserve components of the Armed
Forces (members of the U.S. National Guard and Reserves) means duty during
deployment of the member with the Armed Forces to a foreign country under a
call or order to active duty in a contingency operation as defined in section
101(a) (13) (B) of title 10, United States Code. (a) In the case of a member of a
regular component of the Armed Forces, duty during the deployment of the
member with the Armed Forces to a foreign country.
"Covered servicemember" means:
• A member of the Armed Forces (including a member of the National Guard or
Reserves) who is undergoing medical treatment, recuperation, or therapy, is
otherwise in outpatient status, or is otherwise on the temporary disability retired
list, for a serious injury or illness; or
• A veteran who is undergoing medical treatment, recuperation, or therapy, for a
serious injury or illness and who was a member of the Armed Forces (including
a member of the National Guard or Reserves) at any time during the period of 5
years preceding the date on which the veteran undergoes that medical treatment,
recuperation, or therapy.
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"Serious injury or illness means:
• In the case of a member of the Armed Forces (including a member of the
National Guard or Reserves), means an injury or illness that was incurred by the
member in line of duty on active duty in the Armed Forces (or existed before
the beginning of the member's active duty and was aggravated by service in line
of duty on active duty in the Armed Forces) and that may render the member
medically unfit to perform the duties of the member's office, grade, rank, or
rating; and
• In the case of a veteran who was a member of the Armed Forces (including a
member of the National Guard or Reserves) at any time during a period when
the person was a covered servicemember, means a qualifying (as defined by the
Secretary of Labor) injury or illness incurred by a covered servicemember in the
line of duty on active duty that may render the servicemember medically unfit to
perform the duties of his or her office, grade, rank or rating.
• Outpatient status, with respect to a covered servicemember, means the status of
a member of the Armed Forces assigned to either a military medical treatment
facility as an outpatient; or a unit established for the purpose of providing
command and control of members of the Armed Forces receiving medical care
as outpatients.
Amount of Leave — Qualified Exigency
An eligible employee can take up to 12 weeks of leave for a qualified exigency.
Amount of Leave — Military Caregiver
An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave
during a "single 12 -month period." The "single 12 -month period" begins on the first day
the eligible employee takes FMLA leave to care for a covered servicemember and ends 12
months after that date.
Leave taken for any FMLA reason counts towards the 26 week entitlement. If an employee
does not take all of 26 workweeks of leave entitlement to care for a covered servicemember
during this "single 12 -month period," the remaining part of the 26 workweeks of leave
entitlement to care for the covered servicemember is forfeited.
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Certification of Qualifying Exigency for Military Family Leave
The City will require certification of the qualifying exigency for military family leave. The
employee must respond to such a request within 15 days of the request or provide a
reasonable explanation for the delay. Failure to provide certification may result in a denial
of continuation of leave. This certification will be provided using the DOL Certification of
Qualifying Exigency for Military Family Leave
Certification for Serious Injury or Illness of Covered Servicemember for Military
Family Leave
The City will require certification for the serious injury or illness of the covered
servicemember. The employee must respond to such a request within 15 days of the request
or provide a reasonable explanation for the delay. Failure to provide certification may result
in a denial of continuation of leave. This certification will be provided using the DOL
Certification for Serious Injury or Illness of Covered Servicemember.
All other provisions of the FMLA policy, including Use of Paid Leave, employee status
and benefits during leave, the Procedure for Requesting Leave, Benefits during Leave and
Reinstatement, are outlined above in the FMLA policy.
Reasonable Unpaid Work Time for Nursing Mothers
Nursing mothers will be provided reasonable unpaid break time to express milk for
nursing her child for one year after the child's birth. The City will provide a room (other
than a bathroom) as close as possible to the employee's work area, that is shielded from
view and free from intrusion from coworkers and the public and includes access to an
electrical outlet, where the nursing mother can express milk in private.
Light Duty/Modified Duty Assignment
This policy is to establish guidelines for temporary assignment of work to temporarily
disabled employees who are medically unable to perform their regular work duties. Light
duty is evaluated by the City Administrator or his/her designee on a case-by-case basis.
This policy does not guarantee assignment to light duty.
Such assignments are for short-term, temporary disability -type purposes; assignment of
light duty is at the discretion of the City Administrator or his/her designee. The City
Administrator or his/her designee reserves the right to determine when and if light duty
work will be assigned.
When an employee is unable to perform the essential requirements of his/her job due to
a temporary disability, he/she will notify the supervisor in writing as to the nature and
extent of the disability and the reason why he/she is unable to perform the essential
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functions, duties, and requirements of the position. This notice must be accompanied by
a physician's report containing a diagnosis, current treatment, and any work restrictions
related to the temporary disability. The notice must include the expected time frame
regarding return to work with no restrictions, meeting all essential requirements and
functions of the City's job description along with a written request for light duty. Upon
receipt of the written request, the supervisor is to forward a copy of the report to the City
Administrator, or their designee.
The City may require a medical exam conducted by a physician selected by the City to
verify the diagnosis, current treatment, expected length of temporary disability, and work
restrictions.
It is at the discretion of the City Administrator or his/her designee whether or not to
assign light duty work to the employee. Although this policy is handled on a case-by-case
basis, light duty will not generally be approved beyond six months.
If the City offers a light duty assignment to an employee who is out on Workers'
Compensation leave, the employee may be subject to penalties if he/she refuses such
work. The City will not, however, require an employee who is otherwise qualified for
protection under the Family and Medical Leave Act to accept a light duty assignment.
The circumstances of each disabled employee performing light duty work will be
reviewed regularly. Any light duty/modified work assignment may be discontinued at any
time.
Reasonable Accommodations to an Employee for Health Conditions Relating to
Pregnancy
The City will attempt to provide a female employee who requests reasonable
accommodation with the following for her health conditions related to her pregnancy or
childbirth:
• More frequent restroom, food, and water breaks;
• Seating;
• Limits on lifting over 20 pounds; and/or
• Temporary transfer to a less strenuous or hazardous position, should one be available.
Unless such accommodations impose an undue hardship on the City, the City will engage
in an interactive process with respect to an employee's request for a reasonable
accommodation.
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RESIGNATIONS
Employee resignations must be submitted in writing to the City Administrator. Any
employee wishing to resign from City service, in good standing, shall file with the City
Administrator, or their designee, and/or department head, at least fourteen (14) calendar days
prior to separation, a written or email resignation stating the effective date thereof. The
employee's termination date must be a day worked, not a paid leave day. Failure to give
proper notice may result in the forfeiture of accumulated Personal Time Off and other
benefits and may impact future employment by the Employer. Unauthorized absence from
work for a period of three (3) working days will be deemed a resignation without benefits.
LAYOFFS
In the event it becomes necessary to reduce personnel, the selection of employees to be
retained will be based on merit and ability as determined by the City Administrator, subject
to approval of the City Council. When all other considerations are equal, the principle of
seniority will apply in layoffs and recall from layoffs.
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TRAVEL
Reimbursement for travel on official City business shall be made as follows:
Personal Automobile
Employees shall use a personal vehicle for all City related travel, except when authorized
or instructed to use a City vehicle or other means of transportation. An employee will be
reimbursed at the authorized reimbursement rate, determined by the City Council
(currently the IRS mileage rate), for each mile driven on City business while using a
personal vehicle.
Mileage reimbursement for all city staff must be submitted on the standard travel
reimbursement form. In addition to using the proper form, you must complete it in the
following manner:
1. Date of travel must be listed.
2. Destination and purpose of travel must be listed.
No reimbursement will be made unless these procedures are followed.
Meals
The maximum for reimbursement for an employee is forty-four dollars ($44) per day.
The per day maximum shall be adjusted annually= if necessary.
Lodging
Hotel/Motel reimbursement shall be the actual cost of lodging. When reimbursement for
lodging expenses are claimed, itemized receipts are required. NO personal expenses, such
as personal telephone calls, movie rental charges, etc., are reimbursable.
Request For Expense Reimbursement
All travel expense requests must be promptly submitted on the appropriate forms upon
returning to work. Receipts must accompany such requests.
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EDUCATIONAL REIMBURSEMENT POLICY
The City of Arden Hills believes in, and encourages employees to pursue higher levels of
education and training. While it is the policy of the City, it is not obligated to reimburse
employees for courses or instruction which will enable the employee to prepare for
advancement in a municipal capacity, increased responsibility within the employee's current
position, or for personal development which are city employment related; but may not be
necessarily related to the employee's current position. The City may not pay for all courses
within a degree program depending on the approval of the Personnel Committee.
All requests must be approved by the Personnel Committee annually.
Eligibility
Reimbursement is limited to full-time employees who attend approved courses or
instruction on a voluntary basis outside normal working hours. Reimbursement under this
section precludes submission of those courses for other financial remuneration.
Financial Remuneration
Reimbursement will be made pursuant to the following guidelines:
1. Attendance at any class or course intended to be reimbursed by the
municipality must have the PRIOR approval of the employee's supervisor,
Personnel Committee, and have the Tuition Reimbursement form filed with
the City Administrator, or their designee. Reimbursement cannot be assured
for any class work started prior to receiving the appropriate approvals;
2. Course work must be related fifty percent (50%) to the employee's area of
municipal responsibility. In the case of liberal education undergraduate or
graduate college credits where a degree is being sought, employees will be
expected to discuss elective course work with their department head to
develop an overall course work plan that is consistent with the intent of this
policy. Reimbursement may be denied for elective course work that is not
consistent with the intent of this policy. For technical or program based
college career programs, reimbursement will be made available for all course
work, provided specific program credits are pre -approved. Reimbursement
may be denied for courses taken that differ from the originally approved
program schedule. Reimbursement for seminars or individual training
programs shall be determined at the time of making the request for training.
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3. In the interest of considering the budgetary impact of providing
reimbursement for educational advancement, consideration must be given to
whether or not comparable course work or advanced degrees might be
achieved at a less expensive institution than that being requested by the
employee. At the time of pre -approving reimbursable course work, the
supervisor will consider this issue. If, in the supervisor's determination, a
comparable education could be achieved at a less expensive institution (cost
per credit hour or program class), the reimbursement rate shall be established
at the lower rate. An employee shall always have the option of attending the
more expensive training program, but will be responsible for the marginal
cost involved above the lower reimbursement rate.
4. Employees interested in pursuing advanced education should notify their
supervisor as much in advance as practical so that appropriate budgeting
considerations may be made. Reimbursements are not guaranteed if budget
dollars are not available.
5. Reimbursement will be made for tuition, lab fees, direct costs of participating
in the course. Specifically not included, however, are books, student union or
association fees, qualifying tests (e.g., GRE) or other preparatory fees, mileage
and parking fees. Reimbursement will not be made for CLEP fees or similar
"test out" fees.
6. Approved course work shall be taken outside normal working hours. Except
where attendance is requested by the city, employees shall not receive any
salary compensation while attending classes.
7. In undergraduate and graduate level college courses, a grade of "B" or 1180"
(or an equivalent, if grades or a 100 percent scale are not applicable) or better
is required. In courses or instruction not issuing a grade, certification from
the vendor/sponsor or the instructor of satisfactory completion is required.
Failure to achieve the grade levels stated above will result in the City denying
reimbursement. Employees shall be expected to submit documentation of the
grade received.
8. Reimbursement will be made upon proof of satisfactory completion as
detailed above.
9. Employees receiving reimbursement must remain employed by the City for a
period of one (1) year following reimbursement or are required to repay the
City for any tuition that was reimbursed.
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PROFESSIONAL DEVELOPMENT POLICY
Purpose: The purpose of this policy is to establish guidelines for professional development
activities by City staff.
Policy: City staff is encouraged to participate in professional development and training
activities and programs sponsored by their respective professional organizations and other
groups that sponsor programs relevant to local government. These programs not only
improve knowledge of local government and provide important networking opportunities,
but offer staff the opportunity to obtain innovative and new ideas for their functional area.
Exempt City staff shall have the opportunity to attend state conferences and other
applicable state events of their respective professional organizations on an annual basis.
Staff may participate in other locally provided training and activities as time and resources
allow. The Personnel Committee may limit the amount of attendees to conferences per
their discretion.
Exempt City staff shall have the opportunity to attend the national conference of their
respective professional organization every other year as approved by the City
Administrator.
City staff shall adhere to applicable provisions of the personnel policy with regard to
reimbursable expenses.
City of Arden Hills Personnel Policy & Effective February 29, 2016
Att !2�N Htu_, Amended October 28, 2019
SAFETY
The health and safety of each employee of the City and the prevention of occupational
injuries and illnesses are of primary importance to the City. To the greatest degree
possible, management will maintain an environment free from unnecessary hazards and
will establish safety policies and procedures for each department. Adherence to these
policies is the responsibility of each employee. Overall administration of this policy is the
responsibility of each supervisor. Employees are expected to adhere to all safety
requirements.
The City of Arden Hills recognizes the need and importance of safety for each of its
employees. The purpose of the safety policy is to institute a basic plan for accident
prevention. Every employee must annually attend and sign attendance at mandatory
trainings.
The success of a safety program demands more than basic rules and plans. It must be a
living workable program through cooperation and support of all levels of management and
employees. The responsibilities of the City Administrator, Supervisors, and staff are
defined so that each will know what is expected of them.
The importance of safety consciousness must be emphasized in every task performed.
Supervisors must instill awareness of safety and have an obligation to effectively place it in
operation through their personnel.
The City of Arden Hills has established a Safety Committee.
Reporting Accidents and Illnesses
Both Minnesota workers' compensation laws and the state and federal Occupational
Safety and Health Acts require that all on the job injuries and illnesses be reported as
soon as possible by the employee, or on behalf of the injured or ill employee, to his/her
supervisor. The employee's immediate supervisor is required to complete an Incident
Report promptly and send to the City Administrator, or their designee, giving full details
of the incident along with any other forms that may be necessary related to an injury or
illness on the job such as the Supervisor's Report. The City Administrator, or their
designee, will then fill out a First Report of Injury and have the incident investigated by a
member of the Safety Committee.
If you are involved in an accident, remember:
1. All accidents involving city vehicles should be reported to your immediate
supervisor and the City Administrator, or their designee, office as soon as
possible.
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2. Insist that all parties and property concerned remain at the scene of the
accident.
3. Obtain identifying data from the driver of the other vehicle (name, address,
and insurance company).
4. Secure names and addresses of injured persons and any witnesses to the
accident.
5. All accidents and/or injuries must be reported on a form supplied by the City
and should be returned as soon as possible from the time of the accident.
6. Take a picture of all vehicles involved with cell phone if possible.
Safety Equipment/Gear
Where safety equipment is required by federal, state, or local rules and regulations, it is a
condition of employment that such equipment be worn by the employee.
Unsafe Behavior
Supervisors are authorized to send an employee home immediately when the employee's
behavior violates the City's Personnel Policies, department policies, or creates a potential
health or safety issue for the employee or others.
WORKERS COMPENSATION REPORTING
Workers Compensation benefits and OSHA (job safety laws) require that all on the job
accidents, sickness, or loss of consciousness be reported as soon as possible by the
employee, or on behalf of a sick or injured employee, to his or her Supervisor.
EMPLOYEES MUST REPORT TO THEIR SUPERVISOR ALL JOB ACCIDENTS,
SICKNESS, OR LOSS OF CONSCIOUSNESS AS SOON AS POSSIBLE.
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RESPECTFUL WORKPLACE POLICY
The intent of this policy is to provide general guidelines about the conduct that is and is
not appropriate in the workplace. The City acknowledges that this policy cannot possibly
predict all situations that might arise, and also recognizes that some employees are
exposed to disrespectful behavior, and even violence, by the very nature of their jobs.
Applicability
Maintaining a respectful work environment is a shared responsibility. This policy is
applicable to all City personnel including temporary and seasonal employees, volunteers,
and City Councilmembers.
Abusive Customer Behavior
While the City has a strong commitment to customer service, the City does not expect
that employees accept verbal abuse from any customer. An employee may request that a
supervisor intervene when a customer is abusive, or they may defuse the situation
themselves, including ending the contact.
If there is a concern over the possibility of physical violence, a supervisor should be
contacted immediately. When extreme conditions dictate, 911 may be called. Employees
should leave the area immediately when violence is imminent unless their duties require
them to remain. Employees must notify their supervisor about the incident as soon as
possible.
Types of Disrespectful Behavior
The following types of behaviors cause a disruption in the workplace and are, in many
instances, unlawful:
Violent behavior:
Includes the use of physical force, harassment, bullying or intimidation.
Discriminatory behavior:
Includes inappropriate remarks about or conduct related to a person's race, color, creed,
religion, national origin, disability, sex, marital status, age, sexual orientation, familial
status, or status with regard to public assistance.
Offensive behavior:
May include such actions as: rudeness, angry outbursts, inappropriate humor, vulgar
obscenities, name calling, disparaging language, or any other behavior regarded as
offensive to a reasonable person based upon violent or discriminatory behavior as listed
above. It is not possible to anticipate in this policy every example of offensive behavior.
Accordingly, employees are encouraged to discuss with their fellow employees and
supervisor what is regarded as offensive, taking into account the sensibilities of
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employees and the possibility of public reaction. Although the standard for how
employees treat each other and the general public will be the same throughout the City,
there may be differences between work groups about what is appropriate in other
circumstances unique to a work group. If an employee is unsure whether a particular
behavior is appropriate, the employee should request clarification from their supervisor
or the City Administrator, or their designee.
Sexual harassment:
Can consist of a wide range of unwanted and unwelcome sexually directed behavior such
as unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature when:
• Submitting to the conduct is made either explicitly or implicitly a term or condition of
an individual's employment; or
• Submitting to or rejecting the conduct is used as the basis for an employment decision
affecting an individual's employment; or
• Such conduct has the purpose or result of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile or offensive work
environment.
Sexual harassment includes, but is not limited to, the following:
• Unwelcome or unwanted sexual advances. This means stalking, patting, pinching,
brushing up against, hugging, cornering, kissing, fondling or any other similar physical
contact considered unacceptable by another individual.
• Verbal or written abuse, kidding, or comments that are sexually -oriented and
considered unacceptable by another individual. This includes comments about an
individual's body or appearance where such comments go beyond mere courtesy,
telling "dirty jokes" or any other tasteless, sexually oriented comments, innuendos or
actions that offend others.
• Requests or demands for sexual favors. This includes subtle or obvious expectations,
pressures, or requests for any type of sexual favor, along with an implied or specific
promise of favorable treatment (or negative consequence) concerning one's current or
future job.
Possession and Use of Dangerous Weapons
Possession or use of a dangerous weapon (see definitions) is prohibited on City property,
in city vehicles, or in any personal vehicle, which is being used for City business. This
includes employees with valid permits to carry firearms.
The following exceptions to the dangerous weapons prohibition are as follows:
• Employees legally in possession of a firearm for which the employee holds a valid
permit, if required, and said firearm is secured within an attended personal vehicle or
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concealed from view within a locked unattended personal vehicle while that person is
working on City property.
• A person who is showing or transferring the weapon or firearm to a police officer as
part of an investigation.
• Police officers and employees who are in possession of a weapon or firearm in the
scope of their official duties.
Employee Response to Disrespectful Workplace Behavior
Employees who believe that disrespectful behavior is occurring are encouraged to deal
with the situation in one of the ways listed below. However, if the allegations involve
violent behavior, sexual harassment, or discriminatory behavior, then the employee is
responsible for taking one of the actions below. If employees see or overhear a violation
of this policy, they are encouraged to follow the steps below.
Ste 1(a). Politely, but firmly, tell whoever is engaging in the disrespectful behavior how
you feel about their actions. Politely request the person to stop the behavior because you
feel intimidated, offended, or uncomfortable. If practical, bring a witness with you for
this discussion.
Ste 1 b . If you fear adverse consequences could result from telling the offender or if
the matter is not resolved by direct contact, go to your supervisor or City Administrator.
The person to whom you speak is responsible for documenting the issues and for giving
you a status report on the matter no later than ten business days after your report.
Ste 1(c). In the case of violent behavior, all employees are required to report the
incident immediately to their supervisor, City Administrator. Any employee who observes
sexual harassment or discriminatory behavior, or receives any reliable information about
such conduct, must report it within two business days to a supervisor or the City
Administrator.
Step 2. If, after what is considered to be a reasonable length of time (for example, 30
days), you believe inadequate action is being taken to resolve your complaint/ concern,
the next step is to report the incident to the City Administrator or the Mayor.
Supervisor's Response to Allegations of Disrespectful Workplace Behavior
Employees who have a complaint of disrespectful workplace behavior will be taken
seriously. In the case of sexual harassment or discriminatory behavior, a supervisor must
report the allegations within two business days to the City Administrator who will
determine whether an investigation is warranted. A supervisor must act upon such a
report even if requested otherwise by the victim. In situations other than sexual
harassment and discriminatory behavior, supervisors will use the following guidelines
when an allegation is reported:
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Step 1. If the nature of the allegations and the wishes of the victim warrant a simple
intervention, the supervisor may choose to handle the matter informally. The supervisor
may conduct a coaching session with the offender, explaining the impact of his/her
actions and requiring that the conduct not reoccur. This approach is particularly
appropriate when there is some ambiguity about whether the conduct was disrespectful.
Step 2. If a formal investigation is warranted, the individual alleging a violation of this
policy will be interviewed to discuss the nature of the allegations. The person being
interviewed may have someone of his/her own choosing present during the interview.
The investigator will obtain the following description of the incident, including date, time
and place:
• Corroborating evidence.
• A list of witnesses.
• Identification of the offender.
Step 3. The supervisor must notify the City Administrator about the allegations.
Step 4. As soon as practical after receiving the written or verbal complaint, the alleged
policy violator will be informed of the allegations. The alleged violator will have the
opportunity to answer questions and respond to the allegations.
Step 5. After adequate investigation and consultation with the appropriate personnel, a
decision will be made regarding whether or not disciplinary action will be taken.
Step 6. The alleged violator and complainant will be advised of the findings and
conclusions as soon as practicable.
Special Reporting Requirements
When the supervisor is perceived to be the cause of a disrespectful workplace behavior
incident, a report will be made to the City Administrator who will assume the
responsibility for investigation and discipline.
If the City Administrator is perceived to be the cause of a disrespectful workplace
behavior incident, a report will be made to the City Attorney who will then assume the
responsibility for investigation and discipline. If the City Administrator is perceived to be
the cause of a disrespectful workplace behavior incident a report will be made to the City
Attorney who will confer with the Mayor and City Council regarding appropriate
investigation and action.
If a councilmember is perceived to be the cause of a disrespectful workplace behavior
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incident involving City personnel, the report will be made to the City Administrator and
referred to the City Attorney who will undertake the necessary investigation. The City
Attorney will report his/her findings to the City Council, which will take the action it
deems appropriate.
Pending completion of the investigation, the City Administrator may at his/her discretion
take appropriate action to protect the alleged victim, other employees, or citizens.
Confidentiality
A person reporting or witnessing a violation of this policy cannot be guaranteed
anonymity. The person's name and statements may have to be provided to the alleged
offender. All complaints and investigative materials will be contained in a file separate
from the involved employees' personnel files. If disciplinary action does result from the
investigation, the results of the disciplinary action will then become a part of the
employee(s) personnel file(s).
Retaliation
Consistent with the terms of applicable statutes and City personnel policies, the City may
discipline any individual who retaliates against any person who reports alleged violations
of this policy. The City may also discipline any individual who retaliates against any
participant in an investigation, proceeding or hearing relating to the report of alleged
violations. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or
harassment.
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DISCIPLINARY ACTION
The City of Arden Hills employees are expected to maintain a high level of performance.
In the event job performance or behavior causes problems that interfere with work,
provision of City services or the management of the City, disciplinary measures which
could lead to termination may be necessary.
Supervisors are responsible for maintaining compliance with City standards of employee
conduct. The objective of this policy is to establish a standard process for employees of
the City. City employees will be subject to disciplinary action for failure to fulfill their
duties and responsibilities at the level required, including observance of work rules and
standards of conduct and applicable City policies.
Discipline will be administered in a non-discriminatory manner. An employee who believes
that discipline applied was either unjust or disproportionate to the offense committed may
pursue a remedy through the grievance procedures established in the City's personnel
policies. The supervisor and/or the City Administrator, or their designee, will investigate
any allegation on which disciplinary action might be based before any disciplinary action is
taken.
NO CONTRACT LANGUAGE ESTABLISHED
This policy is not to be construed as contractual terms and is intended to serve only as a
guide for employment discipline.
Process
The City may elect to use progressive discipline, a system of escalating responses
intended to correct the negative behavior rather than to punish the employee. There may
be circumstances that warrant deviation from the suggested order or where progressive
discipline is not appropriate. Nothing in these personnel policies implies that any City
employee has a contractual right or guarantee (also known as a property right) to the job
he/she performs.
Documentation of disciplinary action taken will be placed in the employee's personnel
file with a copy provided to the employee.
The following are descriptions of the types of disciplinary actions:
Oral Reprimand
This measure will be used where informal discussions with the employee's supervisor
have not resolved the matter. All supervisors have the ability to issue oral reprimands
without prior approval.
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Oral reprimands are normally given for first infractions on minor offenses to clarify
expectations and put the employee on notice that the performance or behavior needs to
change, and what the change must be. The supervisor will document the oral reprimand
including date(s) and a summary of discussion and corrective action needed. This report
will be filed with Human Resources.
Written Reprimand
A written reprimand is more serious and may follow an oral reprimand when the
problem is not corrected or the behavior has not consistently improved in a reasonable
period of time. Serious infractions may require skipping either the oral or written
reprimand, or both. Written reprimands are issued by the supervisor with prior approval
from the City Administrator.
A written reprimand will: (1) state what did happen; (2) state what should have happened;
(3) identify the policy, directive or performance expectation that was not followed; (4)
provide history, if any, on the issue; (5) state goals, including timetables, and expectations
for the future; and (6) indicate consequences of recurrence.
Employees will be given a copy of the reprimand to sign acknowledging its receipt.
Employees' signatures do not mean the employee agrees with the reprimand. Written
reprimands will be placed in the employee's personnel file.
Suspension With or Without Pay
The City Administrator may suspend an employee without pay for disciplinary reasons.
Suspension without pay may be followed with immediate dismissal as deemed
appropriate by the City Council, except in the case of veterans. Qualified veterans will not
be suspended without pay in conjunction with a termination.
The employee will be notified in writing of the reason for the suspension either prior to
the suspension or shortly thereafter. A copy of the letter of suspension will be placed in
the employee's personnel file.
An employee may be suspended or placed on involuntary leave of absence pending an
investigation of an allegation involving that employee. The leave may be with or without
pay depending on a number of factors including the nature of the allegations. If the
allegation is proven false after the investigation, the relevant written documents will be
removed from the employee's personnel file and the employee will receive any
compensation and benefits due had the suspension not taken place.
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Demotion and/or Transfer
An employee may be demoted or transferred if attempts at resolving an issue have failed
and the City Administrator determines a demotion or transfer to be the best solution to
the problem. The employee must be qualified for the position to which they are being
demoted or transferred. The City Council must approve this action.
Salary
An employee's salary increase may be withheld or the salary may be decreased due to
performance deficiencies.
Dismissal
The City Administrator, with the approval of the City Council, may dismiss an employee
for substandard work performance, serious misconduct, or behavior not in keeping with
City standards.
If the disciplinary action involves the removal of a qualified veteran, the appropriate
hearing notice will be provided and all rights will be afforded the veteran in accordance
with Minnesota law.
GRIEVANCE PROCEDURE
Any dispute between an employee and the City relative to the application, meaning or
interpretation of these personnel policies will be settled in the following manner:
SteI2 1. The employee must present the grievance in writing, stating the nature of the
grievance, the facts on which it is based, the provision or provisions of the personnel
policies allegedly violated and the remedy requested, to the proper supervisor within ten
(10) days after the alleged violation or dispute has occurred. The supervisor will respond
to the employee in writing within seven (7) calendar days.
Step 2. If the grievance has not been settled in accordance with Step 1, it must be presented
in writing, stating the nature of the grievance, the facts on which it is based, the provision
or provisions of the Personnel Policies allegedly violated, and the remedy requested, by the
employee to the appropriate Department Head, within seven (7) days after the supervisor's
response is due. The Department Head will respond to the employee in writing within
seven (7) calendar days. Should the complaint involve the Department Head then the
employee should proceed directly to Step 3. If there is not an applicable Department Head
then the employee should also proceed directly to Step 3.
Step 3. If the grievance has not been settled in accordance with Step 2, it must be presented
in writing, stating the nature of the grievance, the facts on which it is based, the provision
or provisions of the Personnel Policies allegedly violated, and the remedy requested, by the
City of Arden Hills Personnel Policy ' Effective February 29, 2016
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employee to the City Administrator within seven (7) calendar days after receipt of the reply
from the Department Head,. The City Administrator will respond to the employee in
writing within seven (7) calendar days. The decision of the City Administrator is final for
all disputes with exception of those specific components in a performance evaluation
subject to a challenge through the Minnesota Department of Administration.
Waiver
If a grievance is not presented within the time limits set forth above, it will be considered
"waived." If a grievance is not appealed to the next step in the specified time limit or any
agreed extension thereof, it will be considered settled on the basis of the City's last
answer. If the City does not answer a grievance or an appeal within the specified time
limits, the employee may elect to treat the grievance as denied at that step and
immediately appeal the grievance to the next step. The time limit in each step may be
extended by mutual agreement of the City and the employee without prejudice to either
party.
The following actions are not grievable:
1. While certain components of a performance evaluation, such as disputed facts
reported to be incomplete or inaccurate are challengeable, other performance
evaluation data, including subjective assessments, are not.
2. Pay increases or lack thereof; and
3. Merit pay awards.
The above list is not meant to be all inclusive or exhaustive.
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SEVERABILITY
Each provision of the Personnel Policy is deemed severable from every other provision.
Any provision of the Personnel Policy found to be invalid or void shall not affect the
validity of the remaining provisions, unless the Court finds any remaining provisions,
standing alone, incomplete and incapable of being executed in accordance with the
Council's intent.
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EMPLOYEE ASSISTANCE PROGRAM
The City of Arden Hills offers its employees and their dependents a CONFIDENTIAL
Employee Assistance Programs (EAP) are available to help employees and their
dependents with:
• Relationship issues
• Separation and divorce concerns
• Alcohol or chemical abuse problems
• Work concerns
• Loss and grief
• Financial crisis, problems with creditors
• Depression and anxiety
• Parent/child difficulties
• Many other life concerns
Arden Hills employees are urged to refer to the EAP brochures for location, program and
service information.
ORGANIZATIONAL ASSISTANCE PROGRAM
The City also has an Organizational Assistance Program (OAP) for personnel or work-
related matters including but not limited to: professional tension or conflict, performance
related matters and a variety of other work-related challenges or difficulties If work related
matters or professional interactions have become difficult, the city has asked for a Sand
Creek OAP Consultant to assist both staff and management related to these types of issues.
Organization Employee/Management Support may include items, such as, the following:
• Change management
• Dispute resolution
• Facilitated group work sessions
• Leadership development
• Organizational/Department climate assessment
• Profile/Assessment delivery
• Professional development training
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EMAIL POLICY AND INTERNET
Purposes
The purposes of the City of Arden Hill's electronic mail (e-mail)and the internet, are to
provide an efficient and effective means of internal and external communications and to
improve work product. This policy addresses access to and disclosure of information from
such electronic systems.
This policy serves as notice to the employees, volunteers, and contractors of the City that
all data, including any that is stored or printed as a document, is subject to audit and review.
There is no expectation of personal privacy in the use of the internet, cell phones, and e-
mail systems when using the computers, cell phones, or services provided by the City.
Finally, this policy serves to delineate acceptable use of e-mail and internet systems by City
employees, volunteers, and contractors (collectively also referred to as "users" or
"employees") while using government owned/leased equipment, facilities, internet
addresses, domain names, and/or e-mail services registered to or provided by the City of
Arden Hills. It seeks to ensure that the use of the internet and e-mail systems by City
employees, volunteers, and contractors while conducting work for the City and/or while
using City provided systems is consistent with the City's policies, all applicable laws, and
the individual user's job responsibilities.
Statement of Policy
The City promotes e-mail and internet use that enables employees, volunteers, and
contractors to perform City missions and encourages its employees, volunteers, and
contractors to develop skill in the usage of internet and e-mail. It is expected that employees
will use the e-mail and internet to improve their job knowledge; to access scientific,
technical, and other information on topics which have relevance to the City; and to
communicate with their peers in other government agencies, academia, and industry on
matters of relevance to their work for the City.
Responsible Use
Email and internet are critical mechanisms for government communications. However,
the improper use of email and internet systems and services can compromise the security
of the network or result in legal liability for the City. As a result, the provision of email
and internet to an employee is a privilege, not a right and must be used with respect and in
accordance with the goals and policies of the City.
Scope
This policy applies to email and internet systems:
1. That are owned or leased by the City,
City of Arden Hills Personnel Policy '� Effective February 29, 2016
U!�N H11.1_S Amended October 28, 2019
2. That are used on or accessed from City premises, or that are used for City
business. This policy also applies to all activities using any City paid accounts,
subscriptions, or other technical services, such as internet access and e-mail,
whether or not the activities are conducted from City premises; and all full or
part-time employees of the City, volunteers, and contractors who are
authorized to use City resources to access the internet or e-mail systems.
Information is not Private
Data stored within email or internet systems remain at all times, the property of the City.
As such, all messages created, sent, or retrieved over the internet or the City's e-mail system
are the property of the City, and should not be considered private. Employees have no
right to privacy as to any information or file transmitted through or stored in the city's
computer systems, cell phones, e-mail, or other technical resources.
Monitoring and Disclosure
The City reserves the right to access, retrieve, read, and disclose any data, messages, or files
stored on City funded systems for any purpose. Employees should be aware that, even
when a message is erased or a visit to a web site is closed, it is still possible to re-create the
message or locate the web site. The City reserves the right to monitor the use of the systems
to prevent abuse, enforce other policies, and access information. Access may occur in, but
is not limited to, situations indicating: (1) impropriety, (2) violation of a City policy, (3) legal
requirements, (4) suspected criminal activities, (5) breach of system security, (6) to locate
substantive information or to monitor employee performance and conduct. The contents
of these systems may be disclosed by City management within or outside the City without
employee permission. Furthermore, all communications including text and images may be
disclosed to law enforcement or other third parties without prior consent of the sender or
receiver. The City has unlimited access to protect the security of these systems and the
City's property rights.
Consent
All of the City employees, volunteers, and contractors who are provided access to the City's
internet and e-mail systems are required to abide by the City's policy contained here and in
other relevant documents.
Use of the Internet
The City provides internet access to some employees for their use in performing their
duties for the City. All City employees are responsible for using internet resources in an
effective, ethical, and lawful manner. It is the City policy that internet resources, like other
City assets, be used for the benefit of the City. All internet use should be congruent with
the City's overall government policies. The City reserves the right to monitor and/or log
all network activity with or without notice, including all web site communications, and
therefore, users should have no expectations of privacy in the use of these resources. Use
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City of Arden Hills Personnel Policy Effective February 29, 2016
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of the system in violation of this or other City policies is prohibited and may lead to
disciplinary action, up to and including termination.
Uses that are acceptable and encouraged:
1. Communications and information exchanges directly relating to the mission
and work tasks of the City;
2. Announcements of City procedures, meetings, policies, services, or activities;
3. Use for advisory, standards, research, analysis, professional development or
development activities directly related to the user's City job-related duties;
4. Use in applying for or administering grants or contracts for City programs
and activities.
Uses that are unacceptable: It is unacceptable for a user to access, use the City's email or
internet systems in a manner that:
1. Violates the City's policies, rules, or administrative orders;
2. Violates or infringes on the rights of any other person, including the right to
privacy without authorized permission;
3. Includes the sending of unreasonably large email attachments. The total size
of an individual email message sent or received (including an attachment)
must be 50 Mb or less (unless authorized by the City Administrator, or their
designee, or IT);
4. Involves opening email attachments from unknown or unsigned sources.
Attachments are the primary source of computer viruses and should be
treated with utmost caution.
5. Involves sharing email account passwords with another person, or attempting
to obtain another person's email account password. Email accounts are only
to be used by the registered user.
6. Excessive personal use of the City mail resources. The City allows limited
personal use for communication with family and friends, independent
learning, and public service so long as it does not interfere with staff
productivity, pre-empt any business activity, or consume more than a trivial
amount of resources. The City prohibits use of its email systems and services
City of Arden Hills Personnel Policy 1 Effective February 29, 2016
Ai't2 � Hu.i_s Amended October 28, 2019
for unsolicited mass mailings, non-City commercial activity, political
campaigning, dissemination of chain letters, and use by non-employees.
7. Involves defamatory, false, inaccurate, abusive, obscene, pornographic,
profane, sexually oriented, threatening, racially offensive, or other biased,
discriminatory, or illegal material;
8. For any illegal purpose;
9. To download software without prior authorization of the network
administrator;
10. To download music, video, and related media files that have no business
purpose; or
11. To make any unauthorized purchases.
Copyrighted Material
Users may download copyrighted material, but its use must be strictly within the agreement
as posted by the author or current copyright law. The federal Copyright Act at 17 U.S.C.
101 et seq. (1988), protects and prohibits use of all original works of authorship in any
tangible medium of expression. This includes a prohibition on plagiarism (using someone
else's ideas or writing and passing it on as one's own).
Sending Emails for City Purposes. Employees should comply with the following
guidelines when sending emails for City business:
1. Avoid "carbon copying" individuals who have no direct involvement or
"need to know." Likewise, e-mail to all users should only be used on very rare
occasions when every person on the system has a direct need to know;
2. Avoid "forwarding" e-mail to a third party unless necessary (see "carbon
copying). When forwarding, explain the reason for the forwarding action and
edit out any potentially inappropriate contents. If in doubt about the
appropriateness of forwarding a given piece of mail, check with the originator
for guidance;
3. When sending an e-mail requiring "action," be sure to indicate which mail
recipient(s) is/are to take action;
4. Do not "say" anything in an e-mail message that could prove embarrassing
or compromising to you, the City, or others. Each employee is responsible
for the content of all text, audio, or images they transmit;
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5. Avoid potentially contentious exchanges through e-mail;
6. Confidential and sensitive information such as performance reviews,
disciplinary and/or corrective actions, attorney-client privileged information,
personnel information, private data as outlined in the Minnesota Government
Data Practices Act, and health or medical information should not be
communicated via e-mail; and
7. Use your common sense in determining when to use e-mail, in what is said,
and to whom. Remember that electronic communication is not private and
the City reserves the right to monitor and review all communications
originating from or entering its computer systems.
SharePoint Purpose and Use
The purpose of the City of Arden Hill's SharePoint is to communicate work and
employee information. SharePoint is an internal website designed exclusively for City of
Arden Hills employees.
SharePoint Content
The City's Information Technologies, HR and Communications staff oversee all aspects
of SharePoint, including content and design. Selected staff are expected to update
SharePoint pages and will receive necessary training to do so.
All employees may post announcements on the employee message board. This may
include (but is not limited to) the advertisement of personal items for sale, family
announcements, and general inquiries to staff, which can be done intermittently and not
a part of a business. Use of the message board is not to be used in any way as a forum to
communicate opinions or promote personal agendas of any kind. Personal
announcements about other employees may not be posted without their consent. All
entries are subject to removal if considered inappropriate for content, language, or any
other reason.
E-mail Distribution Lists
The City's e-mail distribution lists generally are to be used for official City business only.
Distribution lists that include persons who are not City employees may not be used for
other purpose without the prior authorization of the City Administrator/Department
Director. Use of employee distribution lists for non -official business should be
infrequent and not be political or controversial in nature. If they contain requests for
donations of any sort, the sender must obtain the prior approval of the City
Administrator/Department Director.
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City of Arden Hills Personnel Policy Effective February 29, 2016
At'!2 nN Htu_�, Amended October 28, 2019
COMPUTER USE
Most City business is conducted with the use of desktop, notebook computers, or cell
phones dedicated to a single user's activity. It is essential to protect City information
assets created, gathered, shared or stored with desktop, notebook computers, cell phones
related computer media (e.g. flash drives) and peripheral equipment such as fax machines,
printers and copiers.
Gi neral
1. The City will ensure reasonable physical safeguards to maintain desktop and
notebook computers and peripheral equipment in such a way to avoid
inadvertent disclosure of City information.
2. The City IT Department shall be responsible for secure installations,
configurations, distribution, management and removal from service, of City
desktop and notebook computers.
3. The City may withdraw permission of any or all business or personal uses of
its network or information systems at any time.
Securing Desktop and Notebook Computers.
1. When leaving a desktop or notebook computer unattended, users shall apply
the "Lock Workstation" feature (ctrl/alt/delete, enter) where systems allow.
2. Unattended desktop and notebook computers shall be secured from viewing
by password protected screen savers which should be set to automatically
activate after a period of non-use. The period of non-use shall be for no
more than sixty (60) minutes.
3. Desktop computer users shall store confidential and sensitive information on
a networked drive (shared directory on the City network) and not the user's
hard drive.
4. Desktop and notebook computers and monitors shall be turned off at the
end of each workday unless instructed otherwise by the IT Department to
perform routine maintenance.
5. Desktop and notebook computer users shall not disable or alter security
safeguards, such as virus detection software, installed on City desktop or
notebook computers.
6. Additional security requirements may be required for computers containing
data governed by other applicable State and Federal laws including law
enforcement data and data associated with the Health Insurance Portability
and Accountability Act (HIPPA).
7. Employees shall immediately inform their Supervisor and the I.T. Help
Desk should they become aware of a possible security breech. This includes
knowledge of a password by someone not authorized to have it,
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inappropriate demand to reveal a password, unauthorized access to a
system, and loss or theft of equipment or storage media (CDs, disks).
Physical Security Measures.
Physical security measures shall be used to secure notebooks, computer media, and other
forms of information storage media containing confidential or sensitive information.
1. Mobile notebook computers actively connected to the network or
information systems must not be left unattended.
2. Notebook computers left in a vehicle except in public works department
vehicles where the device is mounted to the vehicle console. If possible, the
notebook should be stored in a locked trunk. (Weather conditions should be
considered when leaving electronic equipment in a vehicle for long periods
of time.) Unattended vehicles shall be locked at all times.
3. Mobile notebook computers, computer media and any other forms of
removable storage (e.g. zip drives, flash drives, etc.) should be stored in a
secure location, attached to the workstation by locking cable or stored in a
locked cabinet when not in use.
4. Other information storage media containing confidential data such as paper,
files, tapes, etc. shall be stored in a secure location or locked cabinet when
not in use.
Peripheral Equipment.
Peripheral equipment (e.g. printers, faxes, copiers) that store, produce and/or transfer
confidential or sensitive information shall be protected from inadvertent or unauthorized
access.
1. Fax machines that store or transmit confidential or sensitive information shall
be placed in secure locations and monitored.
2. All documents containing confidential or sensitive information shall be
cleared from printers and copiers immediately.
Unauthorized Software
1. Individual users shall not install or download software applications and/or
executable files to any City desktop or notebook computer without prior
authorization from the IT department.
2. The IT Department shall make available to users, a list of authorized and
accepted software and applications approved by the City.
City of Arden Hills Personnel Policy —A -Tb– Effective February 29, 2016
fit 1�Ni HILLS Amended October 28, 2019
Viruses
1. Desktop and notebook computer users shall not write, compile, copy,
knowingly propagate, execute, or attempt to introduce any computer code
designed to self -replicate, damage, or otherwise hinder the performance of
any computer system (e.g. virus, bacteria, worm, Trojan horse, or the like).
2. Suspected viruses should be reported immediately to the IT Department.
3. Viruses shall not be deleted without expert assistance unless instructed by the
IT Department.
4. Individual employees are responsible for verifying that disks and other
storage media used or received from outside computers are scanned for
viruses prior to their use on City computers. Please request assistance if you
are unsure of how to scan files, disks, or related storage media for viruses.
Monitoring of desktop and notebook computers.
The City reserves the right to monitor individual user desktop and notebook computers at
random or for cause.
Technical Security.
Desktop and notebook computers shall be configured to reduce the risk of inadvertent or
unauthorized access to City information and systems.
1. All City desktop and notebook computers shall be configured according to
City desktop and notebook configuration standards.
2. Without exception, a user's standard login account cannot be a member of
the local machine administrator's group on the user's assigned desktop or
notebook computer.
3. User identification (name) and authentication (password) shall be required to
access the operating system of all desktop and notebook computers whenever
turned on or booted.
4. Local hard drives shall not be accessible when a desktop or notebook
computer is booted from mobile media, e.g., a diskette or compact disk.
5. City standard virus detection software shall be installed on all desktop and
notebook computers, mobile, and remote devices and shall be configured to
check files when read and routinely scan the system for viruses.
6. Desktop and notebook computers shall be configured to log all significant
computer security relevant events. (e.g. password guessing, unauthorized
access attempts or modifications to applications or systems software.)
Policy exceptions.
The IT Department Network Manager shall be authorized to approve or deny policy
exceptions regarding elements of any security policy. Policy exception request shall be
submitted electronically or in hard copy form to the Network Manager.
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Privacy
Employees who use the City's computer system are not guaranteed privacy or
confidentiality. All files and documents stored on City -owned equipment and media,
including personal messages and internet usage logs, are subject to monitoring by City
management and may also be viewed by City I.T. staff as a consequence of performing
their duties.
Employees must respect the confidentiality of other people's electronic
communications and may not attempt to read, "hack" into other systems or other
people's accounts, or "crack" passwords, or breach computer or network security
measures, or monitor electronic files or communications of other employees or third
parties except by explicit direction of City management.
Public Records & Accessibility
Electronic files, documents and messages, are a public record and subject to public
record regulations, such as the Minnesota Government Data Practices Act, with respect
to inspection and disclosure, and scheduled retention and disposition.
Electronic files that store e-mail messages and other documents are the City's property.
Employees should be aware that the City has the same right to access electronic files
stored on City computers as it does files stored in an employee's desk or workstation.
Sensitive or personal documents or messages should not be sent or stored on the City's
computer system.
Use of Personal Computing Devices for City Business
Electronic files, documents and messages, are a public record and subject to public
record regulations such as the Minnesota Government Data Practices Act even when
created, stored or kept on an employee's personal computing device, such as a cellular
phone. Employees who use personal computing devices for city business should be
aware that the employee's personal devices could be searched for data subject to the
Minnesota Government Data Practices Act.
Use of Equipment
Allowable uses of electronic systems and information include the following, to the
extent that these uses are for the purpose of conducting City of Arden Hills business:
• to facilitate performance of job functions;
• to facilitate the communication of information in a timely manner;
• to coordinate meetings of individuals, locations and City resources;
• to communicate with other departments throughout the City;
• to communicate with outside organizations as required in order to perform an
employee's job functions.
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Personal Use of Equipment and Systems
Limited personal use of the City's computer system, including e-mail, social media sites,
and the Internet is permitted. Personal use of the computer system shall follow the same
guidelines as apply to personal use of the telephone and other personal activities while on
duty. Such personal use must not consume large amounts of City resources. Employees
using electronic media and services for personal use waive any claims to privacy regarding
that usage. Excessive personal use is prohibited and will be subject to discipline. Personal
use of a City e-mail account must conform to the same professional standards as work-
related communications and may not be used for business ventures or illegal activities.
Employees need to be particularly sensitive to the content and interpretation of e-mail
messages sent from City accounts as the e-mail address is clearly identified with the City.
Excessive Usage
Electronic media and services should not be used in a manner that is likely to cause
network congestion or significantly hamper the ability of other people to access and use
the system. Continued impedance of other users through mass consumption of system
resources, after receipt of a request to cease such activity, is prohibited.
System Security
City employees shall adhere to the following practices to protect the integrity and security
of the City's computer system:
• Employees may not install any modem, wireless access device, other external
connection or remote access hardware or software onto their City -provided
computer or any part of the City's network without the prior authorization of IT
staff and with approval of the Department Director.
• Employees may not disable any anti-virus, firewall, or other software or hardware
designed to prevent unauthorized access to the City's network and computers
without the prior authorization of IT staff and the City Administrator.
• Employees are responsible for maintaining the confidentiality of passwords.
Employees shall immediately inform their Supervisor and the I.T. Help Desk if
they know or have reason to suspect that any passwords have become known to a
person unauthorized to access the systems they protect.
Backing Up/Deleting Files
All files stored on the network will be backed up on a regular basis. Files that are stored on
a user's hard drive will not be backed up.
Ownership
The City's computers and other similar devices and information produced and stored on
the foregoing are the sole property of the City. The City has the exclusive rights to review,
retain, maintain, modify or delete files, messages and documents stored and created on a
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City computer or device. This includes personal messages and files that reside on City
equipment and storage media. Employees may not distribute or copy City data without
proper authorization.
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PASSWORD POLICY
General
1. Passwords must be changed every 90 days.
2. Passwords must be unique from the past 10 passwords (you cannot use the same
password as before).
3. Users will be notified by system prompts two weeks in advance of password
expiration date. At this time, users will be prompted to select a new password.
Password Construction Guidelines
Passwords are used to access any number of City information systems, including the
network, database applications, email, and the Internet. Poorly designed passwords are
easily cracked, and put the entire system at risk. Therefore, strong passwords are necessary
to protect the integrity of the network data. Try to create a password that is also easy to
remember.
1. Passwords should not be based on well-known or easily accessible personal
information.
2. Passwords must contain at least 8 characters. A strong password would contain the
following:
• Contain characters from three of the following four categories:
• English uppercase characters (A through Z)
• English lowercase characters (a through z)
• Base 10 digits (0 through 9)
• Non -alphabetic characters (for example,!, $, #, %)
• Complexity requirements are enforced when passwords are changed or
created.
3. Passwords must not be based on an users' personal information or that of his or her
friends, family members, or pets. Personal information includes logon I.D., name,
birthday, address, phone number, social security number, or any permutations
thereof.
4. Passwords must not be words that can be found in a standard dictionary (English
or foreign) or are publicly known slang or jargon.
5. Passwords must not be based on publicly known fictional characters from books,
films, and so on.
6. Passwords must not be based on the company's name or geographical location.
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Password Protection Guidelines
Effective February 29, 2016
Amended October 28, 2019
1. Passwords should be treated as confidential information. No employee is to give,
tell, or hint at their password to another person, including IT staff, administrators,
superiors, other co-workers, friends, and family members, under any circumstances.
2. If someone demands your password, refer them to this policy or have them contact
the IT Department.
3. Passwords are not to be transmitted electronically over the unprotected Internet,
such as via e-mail. However, passwords may be used to gain remote access to
company resources via the City's IPsec-secured Virtual Private Network or SSL -
protected Web site.
4. No employee is to keep an unsecured written record of his or her passwords, either
on paper or in an electronic file. If it proves necessarily to keep a record of a
password, then it must be kept in a controlled access safe if in hardcopy form or in
an encrypted file if in electronic form.
5. Do not use the "Remember Password" feature of applications.
6. Passwords used to gain access to City systems should not be used as passwords to
access non -City accounts or information.
7. If possible, don't use the same password to access multiple database or network
systems.
8. If an employee either knows or suspects that their password has been compromised,
it must be reported to the IT Department and the password changed immediately.
9. The IT Department may attempt to crack or guess users' passwords as part of it
ongoing security vulnerability auditing process. If a password is cracked or guessed
during one of these audits, the user will be required to change his or her password
immediately.
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CELLULAR PHONE USE
This policy is intended to define acceptable and unacceptable uses of City issued cellular
telephones. Its application is to ensure cellular phone usage is consistent with the best
interests of the City without unnecessary restriction of employees in the conduct of their
duties. This policy will be implemented to prevent the improper use or abuse of cellular
phones and to ensure that City employees exercise the highest standards of propriety in
their use.
General Policy
Cellular telephones are intended for the use of City employees in the conduct of their
work for the City. Supervisors are responsible for the cellular telephones assigned to their
employees and will exercise discretion in their use. Nothing in this policy will limit
supervisor discretion to allow reasonable and prudent personal use of such telephones or
equipment provided that:
• Its use in no way limits the conduct of work of the employee or other employees.
• No personal profit is gained or outside employment is served.
An employee will not be reimbursed for business-related calls without prior authorization
from his/her supervisor. Supervisors may also prohibit employees from carrying their
own personal cell phones during working hours if it interferes with the performance of
their job duties.
Use of public resources by City employees for personal gain and/or private use including,
but not limited to, outside employment or political campaign purposes, is prohibited and
subject to disciplinary action which may include termination and/or criminal prosecution,
depending on the circumstances. Incidental and occasional personal use may be
permitted with the consent of the supervisor.
Personal calls will be made or received only when absolutely necessary. Such calls must
not interfere with working operations and are to be completed as quickly as possible. In
cases where the City does not regard accounting for personal calls to be unreasonable or
administratively impractical due to the minimal cost involved, personal calls made by
employees on a City -provided cellular phone must be paid for by the employee through
reimbursement to the City based on actual cost listed on the City's phone bill.
Use of Personal Cellular Phone for City Business
Electronic files, documents and messages, are a public record and subject to public
record regulations such as the Minnesota Government Data Practices Act even when
created, stored or kept on an employee's personal computing device, such as a cellular
phone. Employees who use personal computing devices for city business should be
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aware that the employee's personal devices could be searched for data subject to the
Minnesota Government Data Practices Act.
Procedures
It is the objective of the City to prevent and correct any abuse or misuse of cellular
telephones through the application of this policy. Employees who abuse or misuse such
telephones may be subject to disciplinary action.
Responsibility
The City Administrator, or their designee, will have primary responsibility for
implementation and coordination of this policy. All supervisors will be responsible for
enforcement within their departments.
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SOCIAL MEDIA USE POLICY
Introduction
The City of Arden Hills will determine, at its discretion, how its web -based social media
and online community presence will be designed, implemented, and managed as part of its
overall communications and information technology strategies and functions. City
government social media and other web -based resources may be modified or removed by
the City at any time and without notice, as necessary to maintain the integrity of both
communications and information technology functions.
Purpose
It is the intent of the City of Arden Hills to represent itself appropriately, consistently, and
positively on the internet. Collaborative technologies are fundamentally changing how
information is provided, received, and how the City can engage its citizens. To aid in
meeting the goals of the City, the purpose of this policy is to establish procedures for
creating and maintaining a social media and online community presence which is in accord
with policies and directives established by City management. It also provides guidelines
and standards for individual employees regarding the use of social media for
communication with citizens, colleagues, and the world at large.
Scope
This policy applies to any existing or proposed social media websites and online community
accounts created by City employees during the course and scope of their employment, and
includes all sites and accounts described in this policy. This policy does not govern
personal use of social media websites during work hours. The Computer Use Policy
governs personal use of social media.
Definitions
"City Social Media" — Typically a mobile -based tool for sharing and discussing
information. Focus on creating and fostering online social communities for a specific
purpose and connecting users from varying locations and interest areas.
"Social Media Websites" — Typically a mobile -based tool for sharing and discussing
information. Focus on creating and fostering online social communities for a specific
purpose and connecting users from varying locations and interest areas.
"Social Networking" — Offers a way for registered users to communicate with each
other on the internet, usually offering many ways to connect to other registered users.
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These websites fall under four categories:
• Conversation — blogs, message boards, Twitter
• Social Networking — Facebook, Myspace, LinkedIn
• Content Sharing — YouTube, Flickr, Digg, Delicious
• Collaboration — Wikipedia, Micropublishing
These websites can offer many different ways for users to interface such as instant
messaging, blogging and commenting, microblogging, status updates, online forums,
website link sharing, video conferencing, sharing photos, videos, etc.
"Microblogging (Twitter)" — This is a form of blogging that allows registered users
to post short updates (140 characters or less) about themselves and their activities.
General Standards
The City of Arden Hills' social media websites and online community accounts and
their associated content should focus on significant City interest areas and be organized
in a manner that avoids duplication, ambiguities, and/or conflicting information.
Social Media Web Site Responsibility
It is the responsibility of the City Administrator, or their designee, to ensure all City
policies are followed when employees are establishing a City of Arden Hills social media
site or the applicable Department Director when interacting with social media sites in the
course of the employee's scheduled work.
1. All postings to City of Arden Hills social media sites may be subject to review by
the City Clerk, Department Director (as applicable) and/or the City Administrator
and may be deleted without notice.
2. Additional or significantly amended social media websites, intended to be
established for the benefit of the City of Arden Hills via individual employees or
departments, must be approved by the City Administrator, or their designee,. The
employee is responsible for providing documentation on the benefits of using
social media networks for their specific job functions as justification for approval
of the additional or significantly amended social media sites. It is the responsibility
of the employee's supervisor to review work impacts to assure that using social
media does not negatively affect the employee's day-to-day job performance.
3. Administration of all social media websites and online community accounts must
comply with applicable laws, regulations and policies as well as proper business
etiquette.
4. City social media accounts accessed and utilized during the course and scope of an
employee's performance of his/her job duties may not be used for private or
personal purposes or for the purpose of expressing private or personal views on
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personal, political or policy issues or to express personal views or concerns
pertaining to City employment relations matters.
5. City of Arden Hills social media and online community website accounts are
considered a City asset and logins to these accounts must be securely administered
in accordance with City computer security policies. The City Clerk must be an
administrator on all City website accounts. The City reserves the right to shut
down any of its social media sites or accounts for any reason without notice.
6. A social media website and online community accounts shall not be used by the
City or any City employee or representative to disclose sensitive and/or
confidential information without the prior approval of the City Administrator.
7. All social media websites and online community accounts created and utilized
during the course and scope of an employee's performance of his/her job duties
will be identified as belonging to the City of Arden Hills, including the City logo,
as well as a link to the City's official website.
8. Only City employees can administer City social media sites.
Social Media Guidelines
1. Adhere to your area of business expertise and provide information on your current
activities and those of your industry.
2. Post meaningful, respectful comments that promote collaboration and sharing. Do
not spam, inflame, or make comments that are offensive.
Posting may include:
a. City events
b. City partner events
c. Special events will be considered on a case-by-case basis
• Posting not allowed:
a. Sales at retail stores
b. Political Commentary
3. Always think before posting; if it causes you to pause or question if it is
appropriate, it most likely should not be posted.
4. Respect proprietary information, content and confidentiality. Give credit to
appropriate persons when required or appropriate.
5. Reply to comments in a timely manner, when a response is appropriate.
Understand that quality communication is important, so engage appropriately.
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6. Be transparent as to who you are and who you represent. Be clear about your role
for the City of Arden Hills so as to identify your vested interest in the information
you share.
7. Be aware that just by identifying yourself as a City of Arden Hills' employee, you
are creating perceptions about yourself and about the City. Be sure all content
associated with you is consistent with your work and the City's professional
standards.
8. Know and follow the City's rules for conduct, Computer Use & Security Policy
and the Social Media Use Policy.
9. Be aware that some information is confidential and/or sensitive until deemed
available for public release. Employees are expected to maintain this
confidentiality.
10. Add value and excitement to the online community. Your statements and posts
should provide the community with information to improve their knowledge,
skills, solve problems, or to understand City government and community activities
better.
11. Social media is a conversation, so talk to the community as you would a real
person in a professional situation. Be a leader while communicating and do not
create incendiary statements to inflame others. Be careful and considerate of other
points of view.
• Posting guidelines:
a. No more than 1 or 2 posts per day on the site.
b. Please keep sites updated.
c. Posts should include a colorful picture or link if possible to
another site to promote interest.
d. Post events as close to the date of the event as possible. At the
very least, post a reminder close to the event.
• Guidelines for responses to posts:
a. The City will delete any responses containing profanity, vulgarity,
or which are demeaning or inflammatory to other people.
b. Document deleted posts (save thread to a file), along with specific
reason for deleting.
• Use Facebook as a photo repository for City events — gives fans a reason
to join and something to look at.
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Policy Violations
Violations of this Policy will subject the employee to disciplinary action up to and
including discharge from employment.
Exceptions/Changes
This policy replaces all previous policies covering the same or similar topics except as
provided for in Arden Hills' Personnel Policies. Exceptions to this policy may be granted
only by the City Administrator. This policy may be reviewed and changed at any time.
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COMMUNICATIONS
Introduction
The City of Arden Hills strives to provide the public accurate and timely information,
communicated in a professional manner, and in accordance with the laws regarding
public information and data practices.
This policy provides guidelines for all external communications from the City using
various mediums including, but not limited to:
• Printed materials such as newsletters, articles, and brochures.
• Electronic materials such as email, postings to web sites or social media sites.
• Media relations such as requests for interviews, news releases, and media requests.
The City also recognizes that employees may sometimes comment on City matters
outside of their official role as an employee for the City of Arden Hills. Therefore, this
policy also provides guidelines for employees when communicating as a private citizen
on matters pertaining to City business.
Policy
General Guidelines for all Communications (Official and Personal)
All City employees have a responsibility to help communicate accurate and timely
information to the public in a professional manner. Any employee who identifies a
mistake in reporting should bring the error to the Department Director, City
Administrator, or other appropriate staff. Regardless of whether the communication is
in the employee's official City role or in a personal capacity, employees must comply
with all laws related to trademark, copyright, software use etc. Employees must also
follow all City policies that may apply. Examples of relevant policies include:
• Computer Use Policy
• Data Practices Policy
• Political Activity Policy
• Social Media Use Policy
Additional Guidelines for Official City Communications
Handling General Requests:
All staff is responsible for communicating basic and routine information to the public
in relation to their specific job duties. Requests for private data or information outside
of the scope of an individual's job duties should be routed to the appropriate
department or to the data practices authority.
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Handling Media Requests:
With the exception of routine events and basic information that is readily available to the
public, all requests for interviews or information from the media are to be routed through
the Department Director or City Administrator. Media requests include anything
intended to be published or viewable to others in some form such as television, radio,
newspapers, newsletters, and websites. When responding to media requests, employees
should follow these steps:
• If the request is for routine or public information (such as a meeting time or
agenda) provide the information and notify the Department Director of the
request.
• If the request is regarding information about City personnel, potential litigation,
controversial issues, an opinion on a City matter, or if you are unsure if it is a
"routine" question, forward the request to the Department Director or City
Administrator. An appropriate response would be, "I'm sorry, I don't have the full
information regarding that issue. Let me take some basic information and submit
your request to the appropriate person who will get back to you as soon as he/she
can." Ask the media representative's name, questions, deadline, and contact
information.
Communicating on behalf of the City:
The City Administrator, Department Directors, and communications staff are
authorized to communicate on behalf of the City in interviews, publications, news
releases, on social media sites, and related communications. Other employees may
represent the City if approved by one of these individuals to communicate on a
specific topic. When speaking on behalf of the City:
• Employees must identify themselves as representing the City. Account names on
social media sites must clearly be connected to the City and approved by the
Department Director or City Administrator.
• On social media sites only an administrator of the site may respond to requests
and post comments.
• No employee is allowed to start a social media site for the City without prior
authorization from the Department Director and City Administrator.
• No employee is allowed to create a website and/or register a web address (URL)
for the City without prior authorization from the Department Director and City
Administrator. Approved URLs must be registered by the I.T. Division and
approved websites must be established by the Deputy Clerk.
• All information must be respectful, professional and truthful. Corrections must be
issued when needed.
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• Personal opinions generally do not belong in official City statements. One
exception is communications related to promoting a City service. For example, if
an employee posted on the City's Facebook page, "My family volunteered at the
Urban Wildlife half marathon and had a great time". Employees who have been
approved to use social media sites on behalf of the City should seek assistance
from the Department Director or City Administrator on this topic.
• Employees using their personal technology (cell phones, home computer, cameras,
etc.) for City business should be aware that the data transmitted or stored may be
subject to the data practices act and legal proceedings.
Additional Guidelines for Personal Communications
It is important for employees to remember that the personal communications of
employees may reflect on the City, especially if employees are commenting on City
business. The following guidelines apply to personal communications including various
forms such as social media (Facebook, Twitter, blogs, YouTube, etc.), letters to the
editor of newspapers, and personal endorsements.
• Remember that what you write is public, and will be for a long time. It may also be
spread to large audiences. Use common sense when using email or social media
sites. It is a good idea to refrain from sending or posting information that you
would not want your boss or other employees to read, or that you would be
embarrassed to see in the newspaper.
• The City of Arden Hills expects its employees to be truthful, courteous and
respectful towards supervisors, coworkers, citizens, customers and other persons
associated with the City. Do not engage in name-calling or personal attacks.
• If you publish something related to City business, identify yourself and use a
disclaimer such as, "I am an employee of the City of Arden Hills. However, these
are my own opinions and do not represent those of the City of Arden Hills."
• City resources, working time, or official City positions cannot be used for personal
profit or business interests, or to participate in personal political activity. For
example, a building inspector could not use the City's logo, email, or working time
to promote his/her side business as a plumber.
• Personal social media account names or email names should not be tied to the
City.
Policy Violations
Violations of this policy will subject the employee to disciplinary action up to and
including discharge from employment.
104
Attachment C
It-
--ARPENHiLLs
City of Arden Hills, Minnesota
Drug and Alcohol Testing for Commercial Drivers Policy
Purpose and Objectives
The City of Arden Hills ("City") has a vital interest in maintaining safe, healthful, and efficient
working conditions for employees, and recognizes that individuals who are impaired because of
drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The
City is concerned about providing a safe workplace for its employees, and while the City does
not intend to intrude into the private lives of its employees, it is the goal to provide a work
environment conducive to maximum safety and optimum work standards. Alcohol and drug
abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased
accidents and workers' compensation claims, higher insurance rates, and an increase in theft of
city property. The use, possession, manufacture, sale, transportation, or other distribution of
controlled substance or controlled substance paraphernalia and the unauthorized use, possession
transportation, sale, or other distribution of alcohol is contrary to this policy and jeopardizes
public safety.
In response to regulations issued by United States Department of Transportation ("DOT"), the
City has adopted this Policy on Alcohol and Controlled Substances for employees who hold a
commercial driver's license (CDL) to perform their duties.
The City also has a separate Policy on Controlled Substance and Alcohol Testing for employees
not covered by DOT regulations.
Given the significant dangers of alcohol and controlled substance use, each applicant and driver
must abide by this policy as a term and condition of hiring and continued employment.
Moreover, federal law requires the City to implement such a policy.
To ensure this policy is clearly communicated to all drivers and applicants, and in order to
comply with applicable federal law, drivers and applicants are required to review this policy and
sign the "Certificate of Receipt" portion.
Because changes in applicable law and the City's practices and procedures may occur from time
to time, this policy may change in the future, and nothing in this policy is intended to be a
contract, promise, or guarantee the City will follow any particular course of action, disciplinary,
rehabilitative or otherwise, except as required by law. This policy does not in any way affect or
change the status of any at -will employee.
Any revisions to the Federal Omnibus Transportation Employee Testing Act will take precedent
over this policy to the extent the policy has not incorporated those revisions.
Persons Subject to Testing & Types of Tests
All employees are subject to testing who job duties include performing "safety -sensitive duties"
on City vehicles that:
1. Have a gross combination weight rating or gross combination weight of 26,001 pounds or
more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating
or gross vehicle weight of more than 10,000 pounds, whichever is greater; or
2. Have a gross vehicle weight rating or gross vehicle weight of 26,0001 or more pounds
whichever is greater; or
3. Are designed to transport 16 or more passengers, including the driver; or
4. Are of any size and are used in the transportation of materials found to be hazardous for
the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and
which require the motor vehicle to be placarded under the Hazardous Materials
Regulations (49 CFR part 172, subpart F).
The following functions are considered safety -sensitive:
• all time waiting to be dispatched to drive a commercial motor vehicle
• all time inspecting, servicing, or conditioning a commercial motor vehicle
• all time driving at the controls of the commercial motor vehicle
• all other time in or upon a commercial motor vehicle (except time spent resting in a sleeper
berth)
• all time loading or unloading a commercial motor vehicle, attending the same, giving or
receiving receipts for shipments being loaded or unloaded, or remaining in readiness to
operate the vehicle
• all time repairing, obtaining assistance, or attending to a disable commercial motor vehicle.
The City may test any applicant to whom a conditional offer of employment has been made and
any driver for controlled substance and alcohol under any of the following circumstances:
Pre -Employment Testing.
All applicants, including current employees seeking a transfer, applying for a position where
duties include performing safety -sensitive duties described above, will be required to take a drug
test prior to the first time a driver performs a safety -sensitive function for the City. A driver may
not perform safety -sensitive functions unless the driver has received a controlled substance test
result from the Medical Review Officer ("MRO") indicating a verified negative test result. In
addition to pre-employment controlled substance testing, applicants will be required to authorize
in writing former employers to release alcohol test results of .04 or greater, positive controlled
substance test results, refusals to test, other violations of drug and alcohol testing regulations,
and completion of return to duty requirements within the preceding three years.
The City will contact the candidate's DOT regulated previous and current employers within the
last three years for drug and alcohol test results as referenced above, and review the testing
history if feasible before the employee first performs safety -sensitive functions for the city.
Beginning in 2020, the City will also conduct a limited query of the Federal Motor Carrier Safety
Administration's Clearinghouse for all candidates. In addition, at least once a year, the City will
conduct a limited query of the Clearinghouse for each currently employed CDL driver. If the
limited query reveals that the Clearinghouse has information about resolved or unresolved drug
and alcohol program violations by a candidate or current employee, he or she will be asked to
provide electronic consent to a full query of the Clearinghouse (unless he or she has previously
provided electronic consent). In the event a full query of the Clearinghouse reveals unresolved
violation information for a candidate or current employee, the driver will not be permitted to
perform safety -sensitive functions, including the operation of a Commercial Motor Vehicle and,
in the case of a candidate, may have their conditional offer of employment rescinded or, in the
case of a current employee, may be subject to discipline.
Post -Accident Testing.
As soon as practicable following an accident involving a commercial motor vehicle operating on
a public road, the City will test each surviving driver for controlled substances and alcohol when
the following occurs:
• The accident involves a fatality or
• The driver receives a citation for a moving traffic violation from the accident and an injury is
treated away from the accident scene or
• The driver receives a citation for a moving traffics violation from the accident and a vehicle
is required to be towed from the accident scene.
The following chart summarizes when DOT post -accident testing needs to be conducted:
A driver subject to post -accident testing must remain readily available or the driver will be
deemed to have refused to submit to testing. This requirement to remain ready for testing does
not preclude a driver from leaving the scene of an accident for the period necessary to obtain
assistance in responding to the accident or to obtain necessary medical care.
Post — Accident Controlled Substance Testing
Drivers are required to submit a urine sample for post -accident controlled substance testing as
soon as possible. If the driver is not tested within thirty-two (32) hours after the accident, the
City will cease its attempts to test the driver and prepare and maintain on file a record stating
why the test was not promptly administered.
Citation issued to
Test must be
Type of accident involved
the DOT covered
performed
CDL driver?
b the Ci
YES
YES
i. Human fatality
NO
YES
ii. Bodily injury with
YES
YES
immediate
NO
NO
medical treatment away from
the scene
iii. Disabling damage to any
YES
YES
motor vehicle requiring tow
NO NO
away
A driver subject to post -accident testing must remain readily available or the driver will be
deemed to have refused to submit to testing. This requirement to remain ready for testing does
not preclude a driver from leaving the scene of an accident for the period necessary to obtain
assistance in responding to the accident or to obtain necessary medical care.
Post — Accident Controlled Substance Testing
Drivers are required to submit a urine sample for post -accident controlled substance testing as
soon as possible. If the driver is not tested within thirty-two (32) hours after the accident, the
City will cease its attempts to test the driver and prepare and maintain on file a record stating
why the test was not promptly administered.
Post- Accident Alcohol Testing
Drivers are required to submit to post -accident alcohol testing as soon as possible. After an
accident, consuming alcohol is prohibited until the driver is tested. If the driver is not tested
within two (2) hours after the accident, the City will prepare and maintain on file a record stating
why the test was not administered within that time. If eight hours have elapsed since the accident
and the driver has not submitted to an alcohol test, the City will cease its attempts to test the
driver and prepare and maintain on file a record stating why the test was not administered.
The City may accept the results of a blood or breath test in place of an alcohol test and urine test
for the use of controlled substances i£
• The tests are conducted by federal, state, or local officials having independent authority for
the test, and
• The tests conform to applicable federal, state, or local testing requirements, and
• The test results can be obtained by the City.
Whenever such a test is conducted by a law enforcement officer, the driver must contact the City
and immediately report the existence of the test, providing the name, badge number, and
telephone number of the law enforcement officer who conducted the test.
Random Testing.
Every driver will be subject to unannounced alcohol and controlled substance testing on a
random selection basis. Drivers will be selected for testing by use of a scientifically valid method
under which each driver has an equal chance of being selected each time selections are made.
These random tests will be conducted throughout the calendar year. Each driver who is notified
of selection for random testing must cease performing safety -sensitive functions and report to the
designated test site immediately. It is mathematically possible drivers may be selected be picked
and tested more than once, and others not at all.
If a driver is selected for a random test while he or she is absent, on leave or away from work,
that driver may be required to undergo the test when he or she returns to work.
For 2019, federal law requires the City to test at a rate of at least twenty-five percent (25%) of its
average number of drivers for controlled substance each year, and to test at a rate of at least ten
percent (10%) of its average number of drivers for alcohol each year. These minimum testing
rates are subject to change by the DOT.
Reasonable Suspicion Testing.
When a supervisor has reasonable suspicion to believe a driver has engaged in conduct
prohibited by federal law or this policy, the City will require the driver to submit to an alcohol
and/or controlled substance test.
The City's determination that reasonable suspicion exists to require the driver to undergo an
alcohol test will be based on "specific, contemporaneous, articulable observations concerning the
appearance, behavior, speech, or body odors of the driver." In the case of controlled substance,
the observations may include indications of the chronic and withdrawal effects of a controlled
substance.
The required observations for reasonable suspicion testing will be made by a supervisor or other
person designated by the City who has received appropriate training in identification of actions,
appearance and conduct of a driver which are indicative of the use of alcohol or controlled
substance. These observations leading to an alcohol or controlled substance test, will be reflected
in writing and signed by the supervisor who made the observations. The record will be retained
by the City. The person who makes the determination that reasonable suspicion exists to conduct
testing, will not be the person conducting the testing, which shall instead be conducted by
another qualified person.
Alcohol testing is authorized only if the observations are made during, just before, or just after
the driver has ceased performing such functions. If a reasonable suspicion alcohol test is not
administered within two (2) hours following the determination of reasonable suspicion, the City
will prepare and maintain on file a record stating the reasons the alcohol test was not promptly
administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours
following the determination of reasonable suspicion, the City will prepare and maintain on file a
record stating the reasons the alcohol test was not administered, and will cease attempts to
conduct the alcohol test.
Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or
remain on duty requiring the performance of safety -sensitive functions while the driver is under
the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance
indicators of alcohol use, nor will the City permit the driver to perform or continue to perform
safety -sensitive functions until (1) an alcohol test is administered and the driver's alcohol
concentration is less than .02; or (2) twenty-four (24) hours have elapsed following the
determination of reasonable suspicion.
Return -to -Duty Testing.
The City reserves the right to impose discipline against drivers who violate applicable FMCSA
or DOT rules or this policy, subject to applicable personnel policy and collective bargaining
agreements. Except as otherwise required by law, the City is not obligated to reinstate or
requalify such drivers for a first positive test result.
Should the City consider reinstatement of a DOT covered driver, the driver must undergo a
Substance Abuse Professional ("SAP") evaluation and participate in any prescribed
education/treatment, and successfully complete return -to -duty alcohol test with a result
indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a
verified negative result, before the driver returns to duty requiring the performance of a safety -
sensitive function. The SAP determines if the driver has completed the education/treatment as
prescribed.
The employee is responsible for paying for all costs associated with the return -to -duty test. The
controlled substance test will be conducted under direct observation.
Follow -Up Testing.
The City reserves the right to impose discipline against drivers who violate applicable FMCSA
or DOT rules or this policy, subject to applicable personnel policies and collective bargaining
agreements. Except as otherwise required by law, the City is not obligated to reinstate or
requalify such drivers.
Should the City reinstate a driver following a determination by a Substance Abuse Professional
(SAP) that the driver is in need of assistance in resolving problems associated with alcohol use
and/or use of controlled substance, the City will ensure that the driver is subject to unannounced
follow-up alcohol and/or controlled substance testing. The number and frequency of such follow-
up testing will be directed by the SAP and will consist of at least six (6) tests in the first twelve
(12) months following the driver's return to duty. Follow-up testing will not exceed sixty (60)
months from the date of the driver's return to duty. The SAP may terminate the requirement for
follow-up testing at any time after the first six tests have been administered, if the SAP
determines such test is no longer necessary. The employee is responsible for paying for all costs
associated with follow-up tests.
Follow-up alcohol testing will be conducted only when the driver is performing safety -sensitive
functions, or immediately prior to or after performing safety -sensitive functions.
Cost of Required Testing.
The City will pay for the cost of pre-employment, post -accident, random, and reasonable
suspicion controlled substance and alcohol testing requested or required of all job applicants and
employees. The driver must pay for the cost of all requested confirmatory re -tests, return -to -duty,
and follow-up testing.
Required Prior Controlled Substance and Alcohol Checks for Applicants
The City will conduct prior drug and alcohol checks of applicants for employment to drive a
commercial motor vehicle. Applicants must execute a consent form authorizing the City to
obtain the required information. The City will obtain (pursuant to the applicant's written consent)
information on the applicant's alcohol test with a concentration result of 0.04 or greater, positive
controlled substance test results, and refusals to be tested within the preceding three (3) years
which are maintained by the applicant's previous employers. The City will obtain all information
concerning the applicant which is maintained by the applicant's previous employers within the
preceding three (3) years pursuant to DOT and FMCSA controlled substance and alcohol testing
regulations. The City will review such records, if feasible, prior to the first time a driver
performs safety -sensitive functions.
Prohibited Conduct
The following conduct is explicitly prohibited by applicable DOT and FMCSA regulations and
therefore constitutes violation of City policy.
Under the influence of alcohol when reporting for duty or while on duty.
No driver may report for duty or remain on duty requiring the performance of safety -sensitive
functions while having an alcohol concentration of 0.04 or greater. Drivers reporting for duty or
remaining on duty to perform safety -sensitive functions while having an alcohol concentration of
0.02, but less than 0.04, will be removed from duty for 24 hours, escorted home and placed on
PTO or compensatory leave for hours missed from work.
On -Duty Use of Alcohol.
No driver may use alcohol while performing safety -sensitive functions.
Pre -Duty Use of Alcohol.
No driver may perform safety -sensitive functions within four (4) hours after using alcohol. If an
employee has had alcohol within four hours they are to notify their supervisors before
performing any safety -sensitive functions.
Alcohol Use Following an Accident.
No driver required to take a post -accident alcohol test may use alcohol for eight (8) hours
following the accident, or until the driver undergoes a post -accident alcohol test, whichever
occurs first.
Refusal to Submit to a Required Alcohol or Controlled Substance Test.
No applicant or driver may refuse to submit to pre-employment, post -accident, random,
reasonable suspicion or follow-up alcohol or controlled substance testing.
In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled
substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance
or alcohol testing will be considered a positive test result, will cause disqualification from
performing safety -sensitive functions, and may appear on the driver's permanent record. Drivers
who refuse to submit to testing will be subject to discipline, up to an including termination. In
accordance with the Federal Motor Carrier Safety Administration's (FMCSA) Commercial
Driver's License (CDL) Drug and Alcohol Clearinghouse reporting requirements, beginning
January 6, 2020, the City will report a driver's refusal to submit to a DOT test for drug or alcohol
use to the Clearinghouse within three business days. If an applicant refuses to submit to pre-
employment controlled substance testing, any applicable conditional offer will be withdrawn.
For purposes of this section, a driver is considered to have refused to submit to an alcohol or
controlled substance test when the driver:
• Fails to provide adequate breath for alcohol testing without a valid medical explanation after
he or she has received notice of the requirement for breath testing.
• Fails to provide adequate urine for controlled substance testing without a genuine inability to
provide a specimen (as determined by a medical evaluation), after he or she has received
notice of the requirement for urine testing.
• Fails to report for testing within a reasonable period of time, as determined by the City.
• Fails to remain at a testing site until testing is complete.
• In the case of directly observed or monitored collection, fails to permit observation or
monitoring.
• Fails or declines to take a second test as required by the City and/or collector.
• Fails to undergo a medical examination as directed by the City pursuant to federal law.
• Refuses to complete and sign the alcohol testing form, to provide a breath or saliva sample,
to provide an adequate amount of breath, or otherwise cooperate in any way that prevents the
completion of the testing process.
• Engages in conduct that clearly obstructs the test process.
Altering or attempting to alter a urine sample or breath test.
A driver altering or attempting to alter a urine sample or controlled substance test, or substituting
or attempting to substitute a urine sample, will be subject to providing a specimen under direct
observation. Both specimens will be subject to laboratory testing. In such case, the employee
may be subject to immediate termination of employment and any job offer made to an applicant
will be immediately withdrawn.
Controlled Substance Use.
No driver may report for duty or remain on duty requiring the performance of safety -sensitive
functions when the driver uses any controlled substance, except when the use is pursuant to the
instructions of a licensed medical practitioner who has advised the driver in writing the substance
does not adversely affect the driver's ability to safely operate a commercial motor vehicle.
Drivers must forward this information regarding therapeutic controlled substance use to the City
immediately after receiving any such advice.
Having a medical marijuana card and/or a cannabis prescription from a physician does not allow
anyone to use or possess that drug in the city's workplace. The federal government still classifies
cannabis as an illegal drug. There is no acceptable concentration of marijuana metabolites in the
urine or blood of an employee who performs safety -sensitive duties for the City. Employees are
still subject to being tested under our policies, as well as for being disciplined, suspended or
terminated after testing positive for cannabis while at work.
Controlled Substance Testing.
No driver may report for duty, remain on -duty or perform a safety -sensitive function if the driver
tests positive for controlled substance.
In addition to the conduct prohibited by applicable DOT and FMCSA regulations, the City also
maintains other applicable policies regarding drug and alcohol that are applicable to all
employees. For specifics regarding those requirements, refer to the City's policy for non -DOT
related drug and alcohol policy.
Collection and Testing Procedures
Drivers are required to report immediately upon notification to the collection site. For random
tests conducted off site, employees may use a City vehicle to drive to the collection site. Drivers
will be expected to provide a photo ID card for identification to the collection staff. All drivers
will be expected to cooperate with collection site personnel request to remove any unnecessary
outer garments such as coats, sweaters or jackets and will be required to empty their pockets.
Collection personnel will complete a Federal Custody and Control Form ("CCF") which drivers
providing a sample will sign as well.
Alcohol Testing.
Employees will be tested for alcohol just before, during, or immediately following performance
of a safety -sensitive function. If a driver is also taking a DOT controlled substance test, generally
speaking, the alcohol test is completed before the urine collection process begins. Screening tests
for alcohol concentration will be performed utilizing a non -evidential screening device included
by the National Highway Traffic Safety Administration on its conforming products list (e.g., a
saliva screening device) or an evidential breath testing device ("EBT") operated by a trained
breath alcohol technician ("BAT") at a collection site. An alcohol test usually takes
approximately 15 minutes if the result is negative. If a driver's first attempt is positive (with an
alcohol concentration of .02 or greater), the driver will be asked to wait at least 15 minutes and
then be tested again. The driver may not eat, drink or place anything in his/her mouth (e.g.,
cigarette, chewing gum) during this time. All confirmation tests will be conducted in a location
that affords privacy to the driver being tested, unless unusual circumstances (e.g., when it is
essential to conduct a test outdoors at the scene of an accident) make it impracticable to provide
such privacy. Any results less than 0.02 alcohol concentration is considered a "negative" test
result.
If the driver attempts and fails to provide an adequate amount of breath, he/she will be referred to
a physician to determine if the driver's inability to provide a specimen is genuine or constitutes a
refusal to test. Alcohol test results are reported directly to the City by the collection site staff.
Controlled Substance Testing.
The City will use a "split urine specimen" collection procedure for controlled substance testing.
Collection of urine specimens for controlled substance testing will be conducted by an approved
collector and will be conducted in a setting and manner to ensure the driver's privacy.
Controlled substance testing generally takes about 15 minutes. At the collection site, the driver
will be given a sealed container and must provide at least 45 ml of urine for testing. Once the
sample is provided the collection personnel will check the temperature and color and look for
signs of contamination. The urine is then split into two separate specimen containers (A, or
"primary," and B, or "split") with identifying labels and security seals affixed to both. The
collection facility will be responsible for maintaining a proper chain of custody for delivery of
the sample to a DHHS-certified laboratory for analysis. The laboratory will retain a sufficient
portion of any positive sample for testing and store that portion in a scientifically -acceptable
manner for a minimum 365 -day period.
If an employee fails to provide a sufficient amount of urine to permit a controlled substance test
(45 milliliters of urine), the collector will discard the insufficient specimen, unless there is
evidence of tampering with that specimen. The collector will urge the driver to drink up to 40
ounces of fluid, distributed reasonably over a period of up to three hours, or until the driver has
provided a sufficient urine specimen, whichever occurs first. If the driver has not provided a
sufficient specimen within three hours of the first unsuccessful attempt, the collector will cease
efforts to attempt to obtain a specimen. The driver must then obtain, within five calendar days,
an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the
medical issues raised by the employee's failure to provide a sufficient specimen. If the licensed
physician concludes the driver has a medical condition, or with a high degree of probability
could have, precluded the driver from providing a sufficient amount of urine, the City will
consider the test to have been canceled. If a licensed physician cannot make such a
determination, the City will consider the driver to have engaged in a refusal to test, and will take
appropriate disciplinary action under this policy.
The primary specimen is used for the first test. If the test is negative, it is reported to the MRO
who then reports the result, following a review of the CCF Form for compliance, to the City. If
the initial result is positive or non -negative, a "confirmatory retest" will be conducted on the
primary specimen. If the confirmatory re -test is also positive, the result will be sent to the MRO.
The MRO will contact the driver to verify the positive result. If the MRO is unable to reach the
driver directly, the MRO must contact the City who will direct the driver to contact the MRO.
Review of Test Results
The MRO is a licensed physician with knowledge and clinical experience in substance abuse
disorders, and is responsible for receiving and reviewing laboratory results of the controlled
substances test as well as evaluating medical explanations for certain drug test results. Prior to
making a final decision to verify a positive test result, the MRO will give the driver or the job
applicant an opportunity to discuss the test result, typically through a phone call. The MRO, or a
staff person under the MRO's supervision, will contact the individual directly, on a confidential
basis, to determine whether the individual wishes to discuss the test result. If the employee or job
applicant wishes to discuss the test result:
• The individual may be required to speak and/or meet with the MRO, who will review the
individual's medical history, including any medical records provided.
• The individual will be afforded the opportunity to discuss the test results and to offer any
additional or clarifying information which may explain the positive test result. If the
employee or job applicant, believes a mistake was made at the collection site, at the labor, on
a chain -of -custody form, or that the drug test results are caused by lawful substance use, the
employee should tell the MRO.
• If there is some new information which may affect the original finding, the MRO may
request the laboratory to perform additional testing on the original specimen in order to
further clarify the results; and
• A final determination will be made by the MRO that the test is either positive or negative,
and the individual will be so advised.
If the MRO upholds the positive, adulterated or substituted drug determination, that test result
will be provided to the City. There is no opportunity to explain a positive alcohol test provided in
the DOT regulations.
The driver can request the MRO to have the split specimen (the second `B" container) tested at
the driver's expense. This includes all costs that may be associated with the re -test. There is no
split specimen testing for an invalid result. The driver has 72 hours after they have been notified
of the positive result to make this request. If the employee requests an analysis of the split
specimen, the MRO will direct the laboratory to send the split specimen to another certified
laboratory for analysis.
If an employee has not contacted the MRO within 72 hours, the employee may present
information documenting that serious injury, illness, lack of actual notice of the verified test
result, inability to contact the MRO, or other circumstances unavoidably prevented the employee
from making timely contact. If the MRO concludes there is legitimate explanation for the
employee's failure to contact within 72 hours, the MRO will direct the analysis of the split
specimen.
If the results of the split specimen are negative, the City may pay for all costs associated with the
rest and there will be no adverse action taken against the employee or job applicant.
Notification of Test Results
Employees.
The City will notify a driver of the results of random, reasonable suspicion, and post -accident
tests for controlled substance if the test results are verified positive, and will inform the driver
which controlled substance or substances were verified as positive. Results of alcohol tests will
be immediately available from the collection agent.
Right to Confirmatory Retest.
Within seventy-two (72) hours after receiving notice of a positive controlled substance test
result, an applicant or driver may request through the MRO a re -analysis (confirmatory retest) of
the driver's split specimen. Action required by federal regulation as a result of a positive
controlled substance test (e.g., removal from safety -sensitive functions) will not be stayed during
retesting of the split specimen. If the result of the confirmatory retest fails to reconfirm the
presence of the controlled substance(s) or controlled substance metabolite(s) found in the
primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the
MRO will cancel the test.
Dilute Specimens
Dilute Negatives Creatinine concentration of specimen is equal to or greater than 2 mg/dL, but
less than or equal to 5 mg/dL. If the City receives information that a driver has provided a dilute
negative specimen, the City will direct a recollection, pursuant to the MRO's direction, under
direct observation.
Consequences for Drivers Engaging in Prohibited Conduct
Job Applicants.
Any applicable conditional offer of employment will be withdrawn from a job applicant or
employee seeking a transfer who refuses to be tested or tests positive for controlled substance
pursuant to this policy.
Employees.
Drivers who are known to have engaged in prohibited behavior with regard to alcohol misuse or
use of controlled substance, as defined earlier in this policy, are subject to the following
consequences:
• Removal from Safety -Sensitive Functions
No driver may perform safety -sensitive functions, including driving a commercial motor
vehicle, if the driver has engaged in conduct prohibited by federal law.
No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may
perform or continue to perform safety -sensitive functions for the City, including driving a
commercial motor vehicle, until the start of the driver's next regularly scheduled duty, but not
less than twenty-four (24) hours following administration of the test.
If a driver tests positive under this policy, or is found to have an alcohol concentration of .02 or
greater but less than .04, the driver will be removed from safety sensitive duties and escorted
home; the driver should not drive home, but be escorted to his or her home. The driver will then
be placed on PTO or compensatory time, for hours missed from work.
• Notification of Resources Available
The City will advise each driver who has engaged in conduct prohibited by federal law or
who has a positive alcohol or controlled substance test of the resources available to the
driver, in evaluating and resolving problems associated with the misuse of alcohol and
use of a controlled substance, including the names, addresses, and telephone numbers of
Substance Abuse Professionals and counseling and treatment programs. The City will
provide this SAP listing in writing at no cost to the driver.
Discipline
The City reserves the right to impose whatever discipline the City deems appropriate in
its sole discretion, up to and including termination for a first occurrence, against drivers
who violate applicable FMCSA or DOT rules or this policy, subject to applicable
personnel policies and collective bargaining agreements. Except as otherwise required by
law, the City is not obligated to reinstate or requalify such drivers following a first
positive confirmed controlled substance or alcohol test result.
Evaluation, and Return to Duty Testing
Should the City wish to consider reinstatement of a driver who engaged in conduct
prohibited by federal law and/or who had a positive alcohol or controlled substance test,
the driver must undergo a SAP evaluation, participate in any prescribed
education/treatment, and successfully complete return -to -duty alcohol test with a result
indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test
with a verified negative result, before the driver returns to duty requiring the performance
of a safety -sensitive function. The SAP will determine what assistance, if any, the driver
needs in resolving problems associated with alcohol misuse and controlled substance use
and will ensure the driver properly follows any rehabilitation program and submits to
unannounced follow-up alcohol and controlled substance testing.
• Follow -Up Testing
If the driver passes the return -to -duty test, he/she will be subject to unannounced
follow-up alcohol and/or controlled substance testing. The number and frequency for
such follow-up testing will be as directed by the SAP and will consist of at least six tests
in the first twelve months. These tests will be conducted under direct observation.
• Refusal to test
All drivers and applicants have the right to refuse to take a required alcohol and/or
controlled substance test. If an employee refuses to undergo testing, the employee will be
considered to have tested positive and may be subject to disciplinary action, up to and
including termination. Refer to Refusing to Test provided earlier in this policy.
Responsibility for Cost of Evaluation and Rehabilitation
Drivers will be responsible for paying the cost of evaluation and rehabilitation (including
services provided by a Substance Abuse Professional) recommended or required by the
City or FMCSA or DOT rules, except to the extent that such expense is covered by an
applicable employee benefit plan or imposed on the City pursuant to a collective
bargaining agreement.
Reporting to the FMCSA's CDL Drug and Alcohol Clearinghouse
In accordance with the Federal Motor Carrier Safety Administration's (FMCSA)
Commercial Driver's License (CDL) Drug and Alcohol Clearinghouse reporting
requirements beginning January 6, 2020, the City will report the following information to
the Clearinghouse within three business days:
✓ A DOT alcohol confirmation test result with an alcohol concentration of 0.04 or
greater;
✓ A negative DOT return -to -duty test result;
✓ The driver's refusal to submit to a DOT test for drug or alcohol use;
✓ An "Actual knowledge" violation; and
✓ A report that the driver successfully completed all DOT follow-up tests as ordered
by an SAP.
Loss of CDL License for Traffic Violations in Commercial and Personal
Vehicles
Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license
holders can lose their CDL for certain traffic offenses in a commercial or personal vehicle.
Employees are required to notify their supervisor immediately if the status of their CDL license
changes in anyway.
Maintenance and Disclosure of Records
Except as required or authorized by law, the City will not release driver's information that is
contained in records required to be maintained by this policy or FMCSA and DOT regulations.
Beginning in 2020, the city will be required to query and report to the agency's Commercial
Driver's License (CDL) Drug and Alcohol Clearinghouse prior to hiring new drivers, will
conduct annual checks of existing CDL -drivers, and will report certain violations of the DOT
drug and alcohol testing program for holders of CDLs. In addition, a driver is entitled, upon
written request, to obtain copies of any records pertaining to the driver's use of alcohol or a
controlled substance, including any records pertaining to his or her alcohol or controlled
substance tests.
Policy Contact for Additional Information
If you have any questions about this policy or the City's controlled substance and alcohol testing
procedures, you may contact:
Designated Employer Representative (DER): City Administrator, Dave Perrault, 651 792 7824
Drug and Alcohol Program Manager: City Clerk, Julie Hanson, 651 792 7811
Definitions
Accident:
Means an occurrence involving a commercial motor vehicle operating on a public road which
results in a fatality; bodily injury to any person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident; or one or more motor vehicles
incurring disabling damage as a result of the accident, requiring the vehicle to be transported
away from the scene by a tow truck or other vehicle. The term "accident" does not include an
occurrence involving only boarding and alighting from a stationary motor vehicle; an occurrence
involving only the loading or unloading of cargo; or an occurrence in the course of the operation
of a passenger car or a multipurpose passenger vehicle unless the vehicle is transporting
passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to
be marked or placarded in accordance with 49 C.F.R. § 177.823; 49 C.F.R. § 382.303(a); 49
C.F.R. § 382.303(f).
Alcohol Concentration (or Content):
Means the alcohol on a volume of breath expressed in terms of grams of alcohol per 210 liters of
breath as indicated by an evidential breath test. 49 C.F.R. § 382.107.
Alcohol Use:
Means the consumption of any beverage, mixture, or preparation, including any medication,
containing alcohol. 49 C.F.R. § 382.107.
Applicant:
Means a person applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107.
Breath Alcohol Technician or BAT:
Means an individual who instructs and assists individuals in the alcohol testing process and
operates an evidential breath testing device (EBT). 49 C.F.R. § 40.3.
City:
Means City of [City Name].
City Premises:
Means all job sites, facilities, offices, buildings, structures, equipment, vehicles and parking
areas, whether owned, leased, used or under the control of the City.
Collection Site:
Means a place designated by the City where drivers present themselves for the purpose of
providing a specimen of their urine or breath to be analyzed for the presence of alcohol or
controlled substances. 49 C.F.R. § 40.3.
Commercial Motor Vehicle:
Means a motor vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle (1) has a gross combination weight rating or gross
combination weight of 26,001 or more pounds, whoever is greater, inclusive of a towed unit(s)
with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds,
whichever is greater; or (2) has a gross vehicle weight rating or gross vehicle weight of 26,001 or
more pounds, whichever is greater; or (3) is designed to transport sixteen (16) or more
passengers, including the driver; or (4) is of any size and is used in the transportation of materials
found to be in the transportation of materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor
vehicle to be placarded under the Hazardous Materials Regulation. (49 C.F.R. part 172, subpart
F) § 382.107.
Confirmation (or Confirmatory) Test:
For alcohol testing means a second test, following a positive non -evidential test, following a
positive non -evidential (e.g., saliva) screening test or a breath alcohol screening test with the
result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled
substance testing, "Confirmation (or Confirmatory) Test" means a second analytical procedure to
identify the presence of a specific controlled substance or metabolite which is independent of the
screen test and which uses a different technique and chemical principal from that of the screen
test in order to ensure reliability and accuracy. 49 C.F.R. § 382.107.
Controlled Substance:
Means those substances identified in 49 C.F.R. § 40.85. Marijuana, amphetamines, opioids,
(including heroin), phencyclidine (PCP), cocaine, and any of their metabolites are included
within this definition. 49 (C.F.R. § 382.107; 49 C.F.R. § 40.85.
Department of Transportation or DOT:
Means the United States Department of Transportation.
DHHS:
Means the Department of Health & Human Services or any designee of the Secretary,
Department of Health & Human Services. 49 C.F.R. § 40.3.
Disabling Damage:
Means damage which precludes departure of a motor vehicle from the scene of the accident in its
usual manner in daylight after simple repairs, including damage to motor vehicles that could
have been driven, but would have been further damaged if so driven. Disabling damage does not
include damage which can be remedied temporarily at the scene of the accident without special
tools or parts, tire disablement without other damage even if no spare tire is available, headlight
or tail light damage or damage to turn signals, horn or windshield wipers which make them
inoperative. 49 C.F.R. § 382.107.
Driver:
Means any person who operates a commercial motor vehicle. This includes, but is not limited to
full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers
and independent owner -operator contractors who are either directly employed by or under lease
to the City or who operate a commercial motor vehicle at the direction of or with the consent of
the City. For purposes of pre-employment testing, the term driver includes a person applying to
drive a commercial motor vehicle. 49 C.F.R. § 382.107.
Drug:
Has the same meaning as "controlled substance."
Employee seeking a transfer:
Refers to an employee who is not subject to DOT regulations seeking a transfer to a position that
will subject them to DOT regulations in the sought after position.
Evidential Breath Testing Device or EBT:
Means a device approved by the National Highway Traffic Safety Administration ("NHTSA")
for the evidential testing of breath and placed on NHTSA's "Conforming Products List of
Evidential Breath Measurement Devices." 49 C.F.R. § 40.3.
Federal Motor Carrier Safety Administration or FMCSA:
Means the Federal Motor Carrier Safety Administration of the United States Department of
Transportation.
Medical Review Officer or MRO:
Means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving
laboratory results generated by a controlled substance testing program who has knowledge of
substance abuse disorders and has appropriate medical training to interpret and evaluate an
individual's confirmed positive test result together with his or her medical history and any other
relevant biomedical information. 49 C.F.R. § 40.3
Performing (a Safety -Sensitive Function):
Means any period in which a driver is actually performing, ready to perform, or immediately
available to perform any safety -sensitive functions. 49 C.F.R. § 382.107.
Positive Test Result:
Means a finding of the presence of alcohol or controlled substance, or their metabolites, in the
sample tested in levels at or above the threshold detection levels established by applicable law.
Reasonable Suspicion:
Means a belief a driver has engaged in conduct prohibited by the FMCSA controlled substance
and alcohol testing regulations, except when related solely to the possession of alcohol, based on
specific contemporaneous, articulable observations made by a supervisor or City official who has
received appropriate training concerning the appearance, behavior, speech or body odors of the
driver. The determination of reasonable suspicion will be made in writing on a Reasonable
Suspicion Record Form during, just preceding, or just after the period of the work day that the
driver is required to be in compliance with this policy. In the case of a controlled substance, the
observations may include indications of the chronic and withdrawal effects of a controlled
substance.
Safety -Sensitive Function:
Means all time from the time a driver begins to work or is required to be in readiness to work
until the time he or she is relieved from work and all responsibility for performing work. Safety -
sensitive functions include:
• All time at a city plant, terminal, facility, or other property, or on any public property,
• waiting to be dispatched, unless the driver has been relieved from duty by the employer;
• All time inspecting equipment as required by 49 C.F.R. § 392.7 and 392.8 or otherwise
inspecting, servicing, or conditioning any commercial motor vehicle at any time;
• All time spent at the driving controls of a commercial motor vehicle in operation;
• All time, other than driving time, in or upon any commercial motor vehicle except time spent
resting in a sleeper berth (a berth conforming to the requirements of 49 C.F.R. § 393.76);
• All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading,
attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle,
or in giving or receiving receipts for shipments loaded or unloaded; and
• All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
49 C.F.R. § 382.107.
Screening Test (also known as Initial Test):
In alcohol testing, mean an analytical procedure to determine whether a driver may have a
prohibited concentration of alcohol in her or her system. Screening tests may be conducted by
utilizing a non -evidential screening device included by the National Highway Traffic
Administration on its conforming products list (e.g., a saliva screening device) or an evidential
breath testing device ("EBT") operated by a trained breath alcohol technician ("BAT"). In
controlled substance testing, "Screening Test" means an immunoassay screen to eliminate
"negative" urine specimens form further consideration. 49 C.F.R. § 382.107.
Substance Abuse Professional" or "SAP":
Means a licensed physician (medical doctor or doctor of osteopathy), licensed or certified
psychologist, licensed or certified social worker, licensed or certified employee assistance
professional, or licensed or certified addiction counselor (certified by the National Association of
Alcoholism and Controlled Substance Abuse Counselors Certification Commission) with
knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled
substance -related disorders. 49 C.F.R. § 40.281.
CONSENT ITEM — 6D
, AZEN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: Resolution 2019-036 Partially Suspending the Effective Date of
Ordinance Regulating Sale of Tobacco Products
Budgeted Amount: Estimated Amount: Funding Source:
N/A N/A N/A
Council Should Consider
The Council should consider approving resolution 2019-036, this would partially suspend the
effective date of the ordinance regulating sale of tobacco products.
Background
Arden Hills Tobacco has sued the City challenging the recent ordinance amendment prohibiting
the sale of flavored tobacco products. The lawsuit does not challenge the other major provision
of the ordinance, raising the legal age to purchase tobacco products to 21. The LMCIT has
assigned the law firm of Greene Espel to defend the City.
As part of the lawsuit, Arden Hills Tobacco has filed a motion for a preliminary injunction to
prevent the flavored tobacco prohibition from going into effect. In order to avoid unnecessary
expense and delay in obtaining a ruling on the ordinance itself, defense counsel and the city
attorney are recommending the City Council delay the effective date of the flavored tobacco
prohibition until Ramsey County District Court issues its order or until December 31, 2020. This
should allow the Court ample time to review and rule on the claim, and limits the delay in
implementing the ordinance to a single license year. A resolution delaying the effective date of
the flavored tobacco prohibition is provided (see Attachment A).
Budget Impact
N/A
Attachment
Attachment A: Resolution 2019-036
Attachment A
-ARQEN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2019-036
RESOLUTION PARTIALLY SUSPENDING THE EFFECTIVE DATE OF ORDINANCE
REGULATING SALE OF TOBACCO PRODUCTS
WHEREAS, on March 25, 2019 the City Council adopted Ordinance 2019-005
prohibiting the sale of tobacco products to persons under 21 and prohibiting the sale of flavored
tobacco products within the City, and;
WHEREAS, on September 6, 2019, Arden Hills Tobacco Inc. filed a lawsuit against the
City in Ramsey County District Court challenging that portion of the ordinance prohibiting the
sale of flavored tobacco products, and;
WHEREAS, on October 9, 2019, Arden Hills Tobacco Inc. filed a Motion for Temporary
Injunction seeking to enjoin the City's "ordinance banning the sale of flavored tobacco products
from going into effect or being enforced," and;
WHEREAS, the City is willing to delay the effective date of that portion of the ordinance
prohibiting the sale of flavored tobacco products during the pendency of the litigation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ARDEN
HILLS, MINNESOTA:
1. The portion of Ordinance 2019-005 prohibiting the sale of flavored tobacco products
within the City, in particular the amendments to Section 350.06 of the City Code, is
hereby suspended until the Ramsey County District Court enters final judgment in the
lawsuit, or December 31, 2020, whichever comes first.
2. The City Clerk shall promptly notify all current tobacco licensees of this action.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS
28TH DAY OF OCTOBER 2019.
David Grant, Mayor
ATTEST:
Julie Hanson, City Clerk
CONSENT ITEM — 6E
,`iRZEN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Sara Knoll, Parks and Recreation Coordinator
Todd Blomstrom, Interim Public Works Director/City Engineer
SUBJECT: Accepting Donation from the Arden Hills Foundation
Background
The Arden Hills Foundation has been established as a 5016 organization. Pursuant to Minnesota
Statutes Section 465.03 for the benefit of its citizens, cities are authorized to accept gifts and
bequests for the benefits of recreational services.
Discussion
The Arden Hills Foundation has donated $500.00 to the City of Arden Hills Parks and Recreation
Department. These funds should be used to provide scholarships for residents in need of assistance
to participate in city Parks and Recreation programs. To comply with State Statutes, the City needs
to acknowledge the donation and issue receipt of the donation to the Arden Hills Foundation.
Staff Recommendation
Motion to Approve Resolution 2019-037 Accepting a Donation from the Arden Hills Foundation
in the Amount of $500.00.
AttnrhmPnt
Attachment A: Resolution 2019-037
It
EN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2019-037
Attachment A
A RESOLUTION ACCEPTING DONATION
WHEREAS, Arden Hills ("City") is generally authorized to accept donations of real and
personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and
is specifically authorized to accept gifts and bequests for the benefit of recreational services
pursuant to Minnesota Statutes Section 471.17; and
WHEREAS, The following entity has offered to contribute the cash amount set forth
below to the city:
Name of Donor
Arden Hills Foundation
Amount
$500.00
WHEREAS, All such donations have been contributed to assist the City in the
establishment and operation of recreational facilities and programs either alone or in cooperation
with others, as allowed by law; and
WHEREAS, The City Council finds that it is appropriate to accept the donations offered.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ARDEN HILLS, MINNESOTA, THAT:
1. The donation described above is accepted and shall be used to establish recreational
facilities either alone or in cooperation with others, as allowed by law.
2. The city clerk is hereby directed to issue receipts to each donor acknowledging the
City's receipt of the donor's donation.
PASSED AND ADOPTED on this 28h day of October, 2019.
David Grant, Mayor
ATTEST:
Julie Hanson, City Clerk
CONSENT ITEM — 6F
,-ARZEN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Mike Mrosla, Community Development Manager\City Planner
SUBJECT: Resolution Authorizing the Application for Recycling SCORE Grant Funds from
Ramsey County for 2020
Budgeted Amount: Actual Amount: Funding Source:
NA NA NA
Council Should Consider
Approving Resolution 2019-034 Authorizing the Application for Recycling SCORE Grant Funds
from Ramsey County for 2020.
Background/Discussion
The City is eligible to apply for grant money from Ramsey County's recycling SCORE grant
program for 2020. Grant funds can be used to offset the cost of the City's recycling program,
including administration, equipment, and collection costs. In the past, the City has primarily used
the funds to offset collection costs and the annual spring and fall community Cleanup Day costs.
The County requires a resolution from the City Council to authorize the application for the
SCORE grant.
The 2020 grant allocation for Arden Hills will be communicated in the SCORE Agreement that
will be sent to the City after the application deadline of October 31, 2019. It is expected that the
City will be eligible for roughly the same amount of funding as 2019, which was $23,597.
The budget for the City's recycling program in 2019 was $173,030.00. The $23,597 in SCORE
grant money offset approximately 13.6% of the base cost of the residential recycling program.
Revenue share from the recycling hauler also plays a role in reducing the base cost of the
recycling program. Recycling fees, which are assessed to each participating residential property,
cover the remaining portion of the recycling budget.
Page 1 of 2
New this year to the SCORE grant program are financial incentives for actions above and
beyond the minimum work plan. These incentives include bulky waste collection, engaging
small businesses in recycling, promoting BizRecycle for food waste reductions and organics
recycling programs, co -sponsoring an organics drop-off site, or other activities approved by
Ramsey County. Each incentive is worth about $2,249, and each city can apply for up to two
incentives, a potential value of about $4,498. City staff is working to determine what incentives
to pursue.
Budtet Impact:
NA
Attachment
A: Resolution 2019-034
Page 2 of 2
Attachment A
-ADEN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2019-034
RESOLUTION AUTHORIZING APPLICATION FOR
RECYCLING SCORE GRANT FUNDS FROM RAMSEY COUNTY FOR 2020
WHEREAS, the City of Arden Hills is eligible to apply for SCORE recycling grant
funds from Ramsey County; and
WHEREAS, such funds would assist in continuing and improving the City's recycling
program for the year 2020.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden
Hills, Minnesota:
That the City Administrator or designee be authorized to apply for such grant
funds for the year 2020.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN
HILLS THIS 28th DAY OF OCTOBER, 2019.
ATTEST:
JULIE HANSON, CITY CLERK
DAVID GRANT, MAYOR
CONSENT ITEM — 6G
lt
iIZEN�HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Joe Hartmann, Associate Planner
Mike Mrosla, Community Development Manager/City Planner
SUBJECT: Planning Case #19-011
Applicant: Chris Grose of Northrup Builders
Property Location: 1314 Cannon Avenue
Request: Variance
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider the Following
Motion to approve Planning Case 19-011 for a Variance at 1314 Cannon Avenue, based on the
findings of fact and the submitted plans in the October 28, 2019 Report to the City Council.
Background
Northrup Builders has submitted an application for a variance on behalf of the owners of 1314
Cannon Avenue (Attachment A). The subject property is zoned R-1, Single Family Residential
District and is guided as Low Density on the Land Use Plan. The Applicant is proposing to
construct a four -season porch addition to their existing home. The proposed addition would be
constructed on the south side of the property facing the backyard. The Applicant has requested a
variance because the existing dwelling on the subject property has legal -nonconforming side yard
setbacks.
The existing principal structure was built in 1963 and predates the current R-1 zoning code
requirements. The existing principal structure on the subject property is setback nine (9) feet from
the eastern property line and has combined total setback of 19 feet. However, the R-1 zoning
district requires a minimum side yard setback of 10 feet and a minimum total combined of 25 feet
for residential properties. The proposed addition will be constructed to maintain the same setbacks
City of Arden Hills
City Council Meeting for October 28, 2019
Page 1 of 4
as the existing house or nine (9) feet from the eastern property line. The proposed addition will
meet all other R-1 zoning requirements.
Plan Evaluation
Attachments C and D to this report illustrate the applicants' request. A full evaluation of the
proposal was presented to the Planning Commission on October 9, 2019. The staff report to the
Planning Commission on this case is provided in Attachment E. Draft minutes from the October
9, 2019 meeting are included in Attachment F.
Variance Requirements — Section 1355.04, SUM. 4
The City Council must make a determination utilizing the following variance findings and criteria
on whether there are practical difficulties with complying with the zoning regulations in regards
to Planning Case 19-011.
Purpose and Intent. The variance request shall comply with the purpose and intent of the
provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive
Plan.
The variance request complies with the purpose and intent of the R-1 Zoning District and with
the policies within the City's Comprehensive Plan.
2. Practical Difficulties. The applicant for a variance shall establish that there are practical
difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term
"Practical Difficulties" as used in the granting of a variance means:
a. Reasonable Use. The property owner proposes to use the property in a reasonable manner
not permitted by the Zoning Ordinance.
The proposed addition is a reasonable use of the property.
b. Unique Circumstances. The plight of the property owner is due to circumstances unique to
the property not created by the landowner.
Conditions of the property present a unique circumstance as the house was constructed
prior to the establishment of the existing zoning code and does not meet current setback
standards.
c. Character of Neighborhood. The variance, if granted, will not alter the essential character
of the neighborhood.
The proposed addition will not alter the character of the neighborhood and is consistent
with the other dwellings in the neighborhood.
City of Arden Hills
City Council Meeting for October 28, 2019
Page 2 of 4
3. Economic Consideration. Economic consideration alone does not constitute a practical
difficulty.
The proposed variance is not based on economic consideration.
4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be
considered a practical difficulty.
A solar energy system is not proposed. However, the proposed addition would not impact the
ability to construct a solar energy system onsite or on an adjoining property.
Additional Review
Residential Building Inspector
The Residential Building Inspector has reviewed the plans and has no additional comments at this
time. A Building Permit will be required prior to any construction taking place.
Public Works Director/City Engineer
The Public Works Director/City Engineer has reviewed the plans and has no additional comments
at this time.
Findings of Fact
The Planning Commission reviewed Planning Case 19-011 at their meeting on October 9, 2019
and offers the following findings of fact for consideration:
General Findings:
1. The property at 1314 Cannon Avenue is located in the R-1 Single Family Residential
Zoning District.
2. The existing single-family residential dwelling was built prior to the existing zoning code
and is a nonconforming structure because it encroaches into the required side yard setbacks
on either side of the property.
3. The property owners have requested a variance in order to construct an addition that would
remain flush with the side of the dwelling and would maintain the same setback as the
existing structure
4. The proposed addition would meet all other minimum setback requirements for the R-1
District.
5. The proposed addition meets the minimum lot coverage requirements, maximum building
height requirement, and floor area ratio requirement for the R-1 District, as indicated by
the plans submitted by the Applicant.
6. The proposed development would not encroach on any flood plains, wetlands, or
easements.
7. The proposed development is not expected to impact any significant trees on the property.
City of Arden Hills
City Council Meeting for October 28, 2019
Page 3 of 4
Recommendation
The Planning Commission recommended approval by a 7-0 vote of Planning Case 19-011 for a
Variance at 1314 Cannon Avenue, based on the findings of fact and the submitted plans in the
October 9, 2019 Report to the Planning Commission, as amended by the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to these plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City Council.
2. A Building Permit shall be required prior to commencement of construction.
3. The structure shall conform to all other regulations in the City Code.
4. The finish of the proposed addition shall complement the existing structure.
Public Notice
Although a variance does not require a public hearing, a public meeting notice was prepared by
the City and mailed to properties within 350 feet of the subject property.
Public Comments
Staff did not receive any mail from residents regarding this variance request.
Deadline for Agency Actions
The City of Arden Hills received the completed application for this request on September 5, 2019.
Pursuant to Minnesota State Statute, the City must act on this request by November 4, 2019 (60
days), unless the City provides the petitioner with written reasons for an additional 60 -day review
period. With consent of the applicant, the City may extend the review period beyond the initial
120 days.
Budget Impact•
NA
Attachments
A. Land Use Application
B. Location Map
C. Setback Exhibit
D. Building Permit
E. Planning Commission Report, October 9, 2019
F. Draft Planning Commission Minutes, October 9, 2019
City of Arden Hills
City Council Meeting for October 28, 2019
Page 4 of 4
lt
,ARQEN HILLS
1245 West Highway 96
Arden Hills, Minnesota 55112
Telephone (651) 792-7800
Fax (651) 634-5137
www.cityofardenhills.org
Attachment A
Planning Case No. 19 -
Submittal Date
Application Completed Date
Accepted by
Receipt Number
Council Decision
Council Decision Date
2019 LAND USE APPLICATION
Applicant Information
Applicant: &-m5e ()orik#xru1P
Address: '-/L4 vo �IU�co (��¢.i- 4Jv S INt�,r.ekootP S M�JS' '�) cl
Telephone No.: 3 (p(. ^ 6 q G—) Other:
Fax No
Email Address:
Property Information
Property Owner: I'N b o L.
Owner Address: ( to ak- -c (�� J �.�- HJ) S
Owner Telephone No. Other:
Address of Property Involved: 1 3) 9
Legal Description:
Property ID No.:
Type of Use: lkle V,cie�►.•��u�
Zone: - _ I Property Acreage: i ) d
Type of Request
❑ Comprehensive Plan Amendment (Fee: $500 +
Escrow: $1,000)
❑ Conditional Use or Interim Use Permit/CUP or IUP
Amendment (Fee: $350 + Escrow: $1,000)
❑ Preliminary Plat (Fee: $500 + Escrow: $1,000)
❑ Final Plat (Fee: $500 + Escrow: $1,000)
❑ Concept Plan Review (Fee: $150 + Escrow:
$1,000)
❑ Master Planned Unit Development or Master Special
Development Plan (Fee: $350 + Escrow: $1,000)
❑ Final Planned Unit Development or Final Special
Development Plan (Fee: $350 + Escrow: $1,000)
❑ Planned Unit Development Amendment or Special
Development Plan Amendment (Fee: $350 + Escrow:
$1,000)
❑ Site Plan Review (Fee: $350 + Escrow: $1,000)
❑ Rezoning or TCAAP Regulating Plan Amendment
(Fee: $350 + Escrow: $1,000)
❑ Zoning Code or TCAAP Redevelopment Code
Amendment (Fee: $350 + Escrow: $1,000)
❑ City Code Amendment (Fee: $350 + Escrow:
$1,000)
�� Lot Only) (Feel $3 Onor Subdivision
Escrow:$1,000)$11000and ) R-2 Districts
-4 Variance or Permitted Adjustment (Fee: $350 +
Escrow: $1,000)
❑ Vacation of Easement or Right -of -Way (Fee: $150 +
Escrow: $1,000)
❑ Appeal of Administrative Decision (Fee: $150 +
Escrow: $1,000)
❑ Land Use Requests - Not Already Specified (Fee:
$150 + Escrow: $1,000
Page I of 3
Brief Description of Request
lease also include a typed,
detailed letter explaining
the romect :
*IMPORTANT*
• Certain applications are subject to review and approval by the Rice Creek Watershed
District. Contact RCWD directly at 763-398-3070 for additional information.
• The land use application fees do not cover building, sign, or other permit fees that
may be required upon approval of a land use application.
• All applications will be subject to additional fees for reimbursement of consultant costs
associated with filing, reviewing, and processing of application in the form of an
escrow to the City.
Filing & Information Requirements
The City requests that you make a pre -application meeting with the City Planner to discuss the application
process, requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified
survey of the property is required for all applications. A checklist with additional application requirements can be
found at www.citvofardenhills.org/landuseapplications.
Complete/Incomplete Applications
Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application
materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide
written comments on the application and may request plan revisions. If the application is determined to be
complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up
to 120 days. If not complete, the City may require plan revisions and/or additional information before the
application is scheduled for Planning Commission review and/or City Council action. Project will not be
scheduled for any meeting until the application submittal is found to be complete by the City Planner.
Payment of Fees and Escrows
The undersigned acknowledges that she/he understands that before a land use application can be deemed
complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs
incurred by the City related to the processing of this application. Each separate land use request shall be
charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in
reviewing and processing an application will be charged against the cash escrow and credited to the City.
Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and
mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount,
the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may
withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees
have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of
an approved plan. The escrow may be reduced or increased by the City Planner on a project by project basis.
Notice of Meeting Attendance
In order for the Planning Commission and the City Council to consider any application, the applicant or a
designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the
next available agenda.
Page 2 of 3
Meetinq Schedule
Planning Commission meetings are typically held or the first Wedresday after the first Monday of each month at
6.30 PM though please contact City Hall to verify the meeting date and time City Council meetings are held
typically the last Monday of the same month at 7 00 PM Meetings are held in the Council Chambers at the City
of Arden Hills. 1245 West Highway 96 Arden Hills Mi'rresota 551112 unless otherwise stated The schedules
below are for reference purposes only Project will not be scheduled for any meeting until the applicat,on
submittal is found to be complete by the City Plarner
2019 Planning Commission and City Council Schedule !'s jbject to change)
TENTATIVE
PLANNING
COMMISSION
TENTATIVE
CITY COUNCIL
MEETING
MEETING DATE'
;Gererally held on the
firs, Wednesday after the first
Mcnday at 6.30 p m
Janua 9
DATE'
(Generally ^eld on the
fourth Monday at 7,00 p.m.)
January 28
Februa 6
Feb�ua 25
March 5
March 25
A ri' 3
Apr! 22
Ma 8
Ma 28
June 5
June 24
Jul 10
Jul 22
Au ust 7
Au ust 26
September 4
Se temoer 23
October 9
Octooer 28 il
November 6
December 4
Novemoe, 25
January 14 ,2020)
Jarua 82020;
January 272020
Acknowledgement and Signature
I hereby apply for the above consideration and declare that the information and materials submitted with this
ity code and ordinance requirements. I fuiiy understand that I am
application are complete and accurate per c
responsible for all costs incurred by the City re�ted to the processing of this application.
Date
Property Owner Signature (Req
Applicant Si ature (If different an the roperty owner)
Date
Please contact the City Planner at 651-792-7800
if you have any questions regarding this application
Additional copies of this application form are available on the City s website wtiv�v �it►etar yer rrr s u a tan
ri�,caanolr0bO2s
Page 3Of3
Attachment B
Location Map
Statute 466.03 Subd 21.
Tr
t b
Attachment C
{ rr7} r =;
�y S
r `
Y
`r 140
Proposed
-ad flition ` f
12'x.
4.
Mr
' • % a i�1Y �'.
Attachment D permit #:�D
,ARPEN HILLS BUILDING PERMIT APPLICATION
1245 W Hwy 96 ' Arden Hills MN 55112 [Plan Required)
Phone 651.792.7800' Fax 651.634.5137
Email: CD @cltyofardenhllls..o RECEIVED
Licensing Requirements: Date Plan Submitted:
Residential contractors must provide a copy of their JUL f Z2019 Date Applicant Notified:
current state license, or hold a current City contractor's license.
Commercial Contractors must be city licensed, annually. CITY Of ARDEN HILLS
Property Address: ^ S I L'1 ltiVlv.p✓� � Bldg./Suite/Location (commercial projects only): _ __
Owner Name: t Owner Phone Number:
Erna Address: Owner Cell Number:
Mailing Address: _ 1 City: State: I Zip'
Applicant Type: ❑ Primary Owner (Owners Affidavit Form Required)) Contractor; License # l7G .73� ❑ 7 ❑ Verified
❑ EPA Certified Lead Renovation Finn Ye. I No_ ❑ Verified
Company Name (contractors only):tt Company Emaill Address: L
Ne+` �P-,O;cv st-�1oI'Tkltk� f�,A„p�¢�lt-_ Corr1,.
,Mailing Address: 1 City: vJ State: Zip:
Contact Name: Contact Office Phone Number: Contact Cell Number:
❑ Commercial
Existing
New
❑
Addition
❑
Garage
❑
Shed
❑ Public
E
Remodel
❑
Basement
❑
Home
❑
Swimming Pool
❑ Single family
❑
Replacement
❑
Bathroom
❑
Kitchen
❑
Tenant Finish
including decks; any space where the average floor -to -ceiling height
❑
Accessory Structure
❑
Deck
❑
Office
* ❑
Warehouse
(s):
n
Move
❑
Foundation
❑
Retaining Wall
''
Other* (C.omploc Describe Work wction)
Describe Work:
1�v..: 1CA,
Does Project Require Lead Remediation? If NO Explain:
❑ YES `� �� 1 v
NO
List All Special Approvals (i.e. variances, CUP's, etc.) or Details of this Project: Ex�r�ected Completion ate:
V (j _
Proposed Structure Details: Project Value: (including labor and materials)
Width: ( Height: Length: Total New Sq.Ft.: �
(Lb % L�
0113
Dimensions and size of the lot (in square feet):
Existing
Proposed
Total Impervious Coverage: sq.ft.
House:
sq.ft.
sq.ft.
Percentage of Impervious Coverage on Lot (impervious coverage/lot
Garage (Attached):
sq.ft.
sq.ft.
area X 100): %
Garage (s) (Detached):
sq.ft.
sq.ft.
Proposed Floor Area and Floor Area Ratio (FAR):
Decks:
sq.ft.
Floor Area. The sum of the gross horizontal area of all floors of a
i
sq.ft.
building as measured in square feet from the exterior walls, but not
Driveway:
sq.ft.
sq.ft.
including decks; any space where the average floor -to -ceiling height
sq.ft.
sq.ft.
is less than six feet; attached or detached garages; and other
(Walkways/Stoops:
detached accessory structures (1305.04 Subd. 69).
(s):
sq.ft.
sq.ft.
,Patio
Sheds:
sq.ft.
sq.ft.
Total gross floor area: sq.ft.
Pools:
sq.ft.
sq.ft.
Floor Area Ratio (gross floor area/lot area):
;Are any trees being impacted by this project? Has a Rice Creek Watershed District permit or waiver been received for this project?
❑ YES ❑ YES
❑ NO ! ❑ NO
If YES (See Tree Preservation Ordinance Handout) If YES, please attach. If NO, please go to httyi'Mcecreek-gralvermits for more information on RCWD
J permits and waivers,
IMPORTANT NOTICE: Applicant must attach 3 site plan, 3 sets
of building plans and an electronic copy of both for all applications
requiring plan review. See handouts for requirements of site plan and
building plans. Min. 24 hour notice required for all inspections. There is
a 10 working day turnaround for all permits requiring plan review.
Se crate permits are required for signs electrical, plumbing, healtno.
venliialion. or pir conditioning. This permit becomes null and void if work
or construction authorized is not commenced within 180 days, or if
construction or work is suspended or abandoned for a period of 180 days
at any time after work has commenced. By signing this application, you
hereby certify that you have read and examined this application and know
the same to be true and correct. All provision of laws and ordinances
governing this type of work will be complied with whether specified herein
or not. The granting of a permit does not presume to give authority to
violate or cancel the provisions of any other state or local law regulating
construction or the performance of construction. Applicant takes full
responsibility for all work p Applicant is responsible for all plan
check feadif darmit Is ceile it yawn.
Appiicdnt Signature `—� Dare
Permit Fee (Based on Project value with
the min. Permit Fee of $40 - Pcess ull be based
I $
acr rSinQ_�lo tlsa 2�.l.j;Stato St�iktr� 12Fi3153),
(/� /y
Plan Check Fee
! $
O
65% of permit fee (If applicable)
!
!�
3/5
State Surcharge
$
o a
.0005 x PROJECT VALUE
/n
2 J
p�r�
Residential License Check Fee
$
slate licensed contractors only $5
s
�J
SAC/WAC (If applicable) (staff detennined)
$
TOTAL PERMIT FEE. ga
(Min. Permit Fee $40+ surcharge)
J
R 18'
no footing needed
9'
r�r==1r�1
I I PT stair
I I stringers
FIGA IL L -i-L -iL__
LE
(beam bearing is 2"
11 below joist bearing)
11 .
A
I I
J
TYPICAL POST & FOOTING (6 thus):
91 6x6 PT post w/ base & cap hardware
on 8" dia conc (sonotube) pier on conc
footing
B FT C BEAM SIZES:
Beam A-13= 2 11/16" x
I 11 1/4" PT PSL flush
_ (beam bearing is 2" I I beam service level 3
below joist bearing) I I Beam B -C = 2 11/16" x j
r "
PT 2 10
M sial Ist PT 2x10 x sgi jst
o floor floor
T II joists,16" joists,16"
I
I 1 o..c. o..c. I
II I
I
I 11'6 6'2 —�
I I
FTS D _ _ _ _ BEAM D_E r _ _ E -BEAM E -F FTG
r--------- -- -I F_ --_ -- -11
rn
T
0
T
I I
2 5/8"
I
I
step
r$.1
dbl jst w/
r3.1
down
concealed
I
I
flange
I
hanger at
I
I I
house
I I
PT 2x10
I I
PT 2x10
leder
I I
floor
I I
floor
19
BEAM
joists,16"
joists,16"
II no N
D -L
o..c.
BEAM
E� LI
o..c.
II footing
I needed T
I
I
► I
II ----II
2 5/8
I I
11= stair,
I I
step
.PT
II stringers
��
own
I
r3 .1
r1311
I r = _ _1 1
I
II_ _J
ILS_
, PT 2x10 flush ledger (L -L) w/
1/2" lag screws 16" o.c.
i
existing basement wall
shown 12" thick
1314
1314
Canon Av
Arden Hills
11'9
7:r-
11 1/4 PT PSL flush
beam service level 3
Beam D -E _
51/4" x 1 q V (r,
flush beam, service level
3, full bearing at left end,
3" bearing length at right
end
Beam E -F =
2 ply PT 2x10 flush beam
w/ 2.25" bearing length at
left end
Beam D -L
5 1/4" xi q l/ 4-UL-
flush
uLflush beam, service level
3, w/ concealed flange
hanger at both ends
Beam E -L =
51 /4" x .'I R14 ,_iJ L
flush beam, service revel
3, hanger at both ends
FOOTING SIZES**:
Footing A = 11 x11 x10 ✓
Footing B = 16x16x10
Footing C = 11 x11 x10 ✓
Footing D = 25x25x12 f
✓
Footing E = 30x30x12
Footing F = 16x16x10
**all footings shall
have 2 #5s each way,
:: - : 7-�r__6'3
s"
Northrup Remodeling Inc
4400 Nicollet Av So Minneapolis
office 612-825-3353
chris@northrupremodeling.com
foundation
plan
scale is 1/4" = 1'-0"
when printed on
8.5x11 sheet size
date 4-30-19
sheet no
A 1
of 5
i�
0
U)
m
N
N
0
L0
m
N
N
0
LO
ca
N
N
CV
2' 3'8 11'8
DN
deck
NEW railing,
de
DECK TBD n
6' 6'
3'4 2'8 2'8 3'4
2050 3C50 2050
NEW 4 -SEASON
M
PORCH
' LO
11' x 13'6 c
vaulted, drywall ceiling, hot water heat
i
�I N
m
parallel chord roof trusses CM
step down
25/811
i o
co
i one light plus cov
screen door N
80b8
6' 6'
no seep
enlarge exist cased opening, instr"
2 ply 91/4" LVL header w/ 2 ply EXISTING --.:
stud under each end -------HOUSE
1314
Canon Av
Arden Hills
Northrup Remodeling Inc
4400 Nicollet Av So Minneapolis
office 612-825-3353
Chris@northrupremodeiing.com
IN
WINDOW
NOTE:
windows
shall be
casement
and
picture
units
(Marvin
Integrity
wood
ultrex), w/
LowE, IG,
and argon.
Max U
value =
5, 0.32.
Sizes,
colors,,
hardware,
tempered
glass, etc.
to be
verified.
WINDOW &
DOOR
HEADERS:
all Window
and door
headers shall
be 2 ply 2x6
o w/ one stud
co under each
end
r � T
® = exist wall
7T � =new wall
ca
hidden
object
first floor
plan
scale is 1/4" =1'-0"
when printed on
8.5x11 sheet size
date 4-30-19
sheet no
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new 12" overhang
i— — — — — — — — — — — — — —
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Canon Av
Arden Hills
Northrup Remodeling Inc
4400 Nicollet Av So Minneapolis
office 612-825-3353
chris@northrupremodeling.com
roof plan
scale is 1/4" = V-0"
when printed on
8.5x11 sheet size
date 4-30-19
sheet no
A3
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exist
siding
EXIST
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1314
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Ardn Hills
12
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date 4-30-19
Northrup Remodeling Inc
4400 Nicollet Av So Minneapolis
office 612-825-3353
chris(@northrupremodeling.com
exterior
elevations
scale is 1/4" = V-0"
when printed on
8.5x11 sheet size
sheet no
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roof vents
asphalt shingles to match exist
1/2" roof sheathing -
2" vent chutes (entire
roof) over 12" fiberglE
insulation (R38)
V-4" heel ht'
parallel chord roof
trusses, 24" o.c.
4/12 top chord /
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decking
2
SmartSide siding to
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SmartSide trim,
soffit, and fascia to
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housewrap
1/2" wall sheathing
2x6 studs, 16" o.c.
R21 fiberglass
insulation
1/2" drywall and
vapor retarder film
R30 fiberglass
insulation and vapor
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{` PT post w/ hardware
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1314
Canon AV
Arden Hills
Northrup Remodeling Inc
4400 Nicollet Av So Minneapolis
office 612-825-3353
chris@northrupremodelin-a.com
section &
details
scale is 1/4" = V-0"
when printed on
8.5x11 sheet size
date 4-30-19
A5
of 5
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design
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3/4" T&G subfloor
TBD
2x10 foists, 16" o_c.
decking
2
SmartSide siding to
match exposure of
exist siding.
SmartSide trim,
soffit, and fascia to
match exist sizes as
closely as possible
housewrap
1/2" wall sheathing
2x6 studs, 16" o.c.
R21 fiberglass
insulation
1/2" drywall and
vapor retarder film
R30 fiberglass
insulation and vapor
retarder film
{` PT post w/ hardware
cross sectlon� oy
Lid 8" dia conc
(sonotube) pier
—subfloor (flush w/ house subfloor)— footing size per
Sheet Al
5 1/4" 2
flush am l
D -E E -L 1
d ck
j t
10
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io %X°��y
� I
1�
\\ 2x10
\\ deck
\\ joist,
\\ hung
decking
211/16
flush
beam
A -B or
B=C l
beam detail '
scale scale 11 1 /4"
3-1-0 3=1-0 beamdetall.
1314
Canon AV
Arden Hills
Northrup Remodeling Inc
4400 Nicollet Av So Minneapolis
office 612-825-3353
chris@northrupremodelin-a.com
section &
details
scale is 1/4" = V-0"
when printed on
8.5x11 sheet size
date 4-30-19
A5
of 5
14j N bel
COS
RECEIVED
,JUL J i 2ti19
CITY OF ARDEN HILLS
Attachment E
lt
�-`iIZEN(HILLS
MEMORANDUM
DATE: October 9, 2019 PC Agenda Item XX
TO: Planning Commission Chair and Commissioners
FROM: Joe Hartmann, Associate Planner
SUBJECT: Planning Case #19-011— No Public Hearing Required
Applicant: Chris Grose, Northrup Builders
Property Location: 1314 Cannon Avenue
Request: Variance
Requested Action
Northrup Builders (the "Applicants") have requested a variance in order to construct a four -season
porch addition to the existing legal nonconforming single family detached property at 1314
Cannon Avenue (the "Subject Property").
Background
City Staff received a building permit application for a request to build a four -season porch and
deck addition at the Subject Property. Upon review by Planning Staff it was determined that the
request would require a variance due to existing non -conforming side yard setbacks. The existing
principal structure was built in 1963 and predates the current R-1 zoning code requirements. This
is the first proposed addition and this is the first request for a variance at the Subject Property.
1. Overview of Request
The applicants have requested a variance to construct a four -season poach on an existing
nonconforming property. The existing principal structure on the subject property is setback nine
(9) feet from the eastern property line and has combined total setback of 19 feet. However, the
R-1 zoning district requires a minimum side yard setback of 10 feet and a minimum total combined
of 25 feet for residential properties. The proposed addition will be constructed to maintain the
same setbacks as the existing house or nine (9) feet from the eastern property line. The proposed
addition will meet all other setback and lot coverage requirements.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P:\Planning\Planning Cases\2019\19-011 - 1314 Cannon Ave - Var\Memos Reports
Page 1 of 6
Plan Evaluation
Chapter 13, Zoning Regulations Review
1. District Provisions (R-1 Single Family Residential District) — Section 1320
A. Lot Size and Dimensions
Data obtained from Ramsey County indicates the lot where the Subject Property is located has an
area of approximately 15,246 square feet or .35 acres. The width of the lot is approximately 100
feet along Cannon Avenue and 150 feet long. This lot meets the minimum lot area and dimension
requirements for the R-1 District. The Subject Parcels topography is relatively flat.
B. Structure Setbacks — Flexibility Requested
As stated previously the minimum side yard setback for principal structures in the R-1 District is
10 feet, and the total of both side yard setbacks shall be 25 feet or more. The existing principal
structure on the property is nonconforming because it encroaches on both the east and west lot line
as shown on the image below. The existing principal structure is setback nine (9) feet from the
eastern property line and has combined total setback of 19 feet. The proposed addition would have
the same nine (9) foot setback as the existing house.
The minimum rear yard setback for principal structures in the R-1 District is 30 feet. The existing
principal structure is setback approximately 85 feet from the rear property line. The proposed
addition is approximately setback 71 feet from the rear property line. Staff inspected the
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P:\Planning\Planning Cases\2019\19-011 - 1314 Cannon Ave - Var\Memos Reports
Page 2 of 6
neighborhood and there are several dwellings in the neighborhood that do not meet minimum
setback requirements.
C. Lot Coverage
Properties in the R-1 District are permitted up to 25 percent structure coverage and must maintain
a minimum landscape lot area of 65 percent. The property is currently in conformance with the
Structure and Landscape Coverage Requirements for the R-1 District. The Subject Property will
remain in conformance with the proposed addition as shown on the table below
Lot Coverage
Proposed
R-1 Regulations
Square Feet
Percent
Total Structure
with addition
3,116
19%
Maximum 25%
Total Impervious
Coverage
4,116
25%
Maximum 35%
Landscape Area
12,348
75%
Minimum 65%
Lot Size
15,246 s.f.
14,000 s.f.
Table 1. Structure and Landscape Coverage Requirements for the R-1 District
D. Floor Area Ratio
The floor area ratio (FAR) is calculated by dividing the gross square footage of the dwelling by
the lot area. In the R-1 District, the maximum FAR permitted is 0.3. According to the Applicant's
building permit application, the FAR would be 0.18.
2. Exceptions to the Minimum Requirements for All Districts —Section 1325.03
Section 1325.03, Subd. 2(D) of the Zoning Code allows for a nonconforming single-family
dwelling to be expanded if certain provisions are met. A proposed addition is required to maintain
all existing setback distances, and the addition cannot extend closer than 30 feet from the rear
property line or 5 feet from a side property line. The addition is also required to be consistent with
the existing structure in terms of exterior materials and roof design, and cannot result in any new
nonconforming conditions on the property.
The proposal will not extend the existing nonconforming structure closer to the side property line
and meets the provisions expounded upon in Section 1325.03, Subd. 2(D) of the Zoning Code.
Therefore, the remaining setback distances will be maintained.
3. Variance Requirements — Section 1355.04, Subd. 4
The applicants have requested a variance to construct a four -season poach on an existing
nonconforming property. The Planning Commission will need to make a determination utilizing
the following variance findings and criteria on whether there are practical difficulties with
complying with the zoning regulations.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P:\Planning\Planning Cases\2019\19-011 - 1314 Cannon Ave - Var\Memos Reports
Page 3 of 6
Purpose and Intent. The variance request shall comply with the purpose and intent of the
provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive
Plan.
The variance request would comply with the purpose and intent of the R-1 Zoning District
and with the policies within the City's Comprehensive Plan.
2. Practical Difficulties. The applicant for a variance shall establish that there are practical
difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term
"Practical Difficulties" as used in the granting of a variance means:
a. Reasonable Use. The property owner proposes to use the property in a reasonable manner
not permitted by the Zoning Ordinance.
The proposed addition is a reasonable use of the property.
b. Unique Circumstances. The plight of the property owner is due to circumstances unique to
the property not created by the landowner.
Conditions of the property present a unique circumstance as the house was constructed
prior to the establishment of the existing zoning code and does not meet current setback
standards.
c. Character of Neighborhood. The variance, if granted, will not alter the essential character
of the neighborhood.
The proposed addition will not alter the character of the neighborhood and is consistent
with the other dwellings in the neighborhood.
3. Economic Consideration. Economic consideration alone does not constitute a practical
difficulty.
The proposed variance does is not based on economic consideration.
4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be
considered a practical difficulty.
A solar energy system is not proposed. However, the proposed addition would not impact the
ability to construct a solar energy system onsite or on an adjoining property.
Additional Review
Residential Building Inspector
The Residential Building Inspector has reviewed the plans and has no additional comments at this
time. A Building Permit will be required prior to any construction taking place.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P:\Planning\Planning Cases\2019\19-011 - 1314 Cannon Ave - Var\Memos Reports
Page 4 of 6
Public Works Director/City Engineer
The Public Works Director/City Engineer has reviewed the plans and has no additional comments
at this time.
Findings of Fact
The Planning Commission must make a finding as to whether or not the proposed application
would adversely affect the surrounding neighborhood or the community as a whole based on the
aforementioned factors. Staff offers the following findings for consideration:
General Findings:
1. The property at 1314 Cannon Avenue is located in the R-1 Single Family Residential
Zoning District.
2. The existing single-family residential dwelling was built prior to the existing zoning code
and is a nonconforming structure because it encroaches into the required side yard setbacks
on either side of the property.
3. The property owners have requested a variance in order to construct an addition that would
remain flush with the side of the dwelling and would maintain the same setback as the
existing structure
4. The proposed addition would meet all other minimum setback requirements for the R-1
District.
5. The proposed addition meets the minimum lot coverage requirements, maximum building
height requirement, and floor area ratio requirement for the R-1 District, as indicated by
the plans submitted by the Applicant.
6. The proposed development would not encroach on any flood plains, wetlands, or
easements.
7. The proposed development is not expected to impact any significant trees on the property.
Options and Motion Language
Staff has provided the following options and motion language for this case. The Planning
Commission should consider providing additional findings of fact as part of the motion to support
their recommendation for approval or denial. Conditions maybe imposed on granting of variances
if those conditions are directly related to and bear a rough proportionality to the impact created by
the variance.
• Recommend Approval with Conditions: Motion to recommend approval of Planning Case
19-011 for a Variance at 1314 Cannon Avenue, based on the findings of fact and the
submitted plans, as amended by the three (4) conditions in the October 9, 2018 Report to
the Planning Commission:
1. 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
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P:\Planning\Planning Cases\2019\19-011 - 1314 Cannon Ave - Var\Memos Reports
Page 5 of 6
the City Planner, shall require review and approval by the Planning Commission and
City Council.
2. An approved Building Permit shall be required prior to commencement of construction.
3. The structure shall conform to all other regulations in the City Code.
4. The finish of the proposed addition shall complement the existing structure.
• Recommend Approval as Submitted: Motion to recommend approval of Planning Case 19-
011 for a Variance at 1314 Cannon Avenue, based on the findings of fact and the submitted
plans in the October 9, 2018 Report to the Planning Commission.
Recommend Denial: Motion to recommend denial of Planning Case 19-011 for a Variance
at 1314 Cannon Avenue, based on the following findings: findings to deny should
specifically reference the reasons for denial and why those reasons cannot be mitigated.
Table: Motion to table Planning Case 19-011 for a Variance at 1314 Cannon Avenue: a
specific reason and information request should be included with a motion to table.
Natitication
Although a variance does not require a public hearing, a notice of the Planning Commission was
mailed to all properties within 350 feet of the subject property. Staff has not received any letters,
e-mails, or telephone calls from property owners or occupants concerning this planning case.
Deadline for Agency Actions
The City of Arden Hills received the completed application for this request on September 5, 2019.
Pursuant to Minnesota State Statute, the City must act on this request by November 4, 2019 (60
days), unless the City provides the petitioner with written reasons for an additional 60 -day review
period. With consent of the applicant, the City may extend the review period beyond the initial
120 days.
Attachments
A. Land Use Application
B. Location Map
C. Building Permit
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P:\Planning\Planning Cases\2019\19-011 - 1314 Cannon Ave - Var\Memos Reports
Page 6 of 6
Attachment F
-fiITEN HILLS
Approved:
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, OCTOBER 9, 2019
6:30 P.M. - ARDEN HILLS CITY HALL
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Chair Nick Gehrig called to order the regular Planning
Commission meeting at 6:30 p.m.
ROLL CALL N4**
Present were: Chair Nick Gehrig, Commissioners Steven Jones, James Lambeth, Subbaya
Subramnian, Paul Vijums, Jonathan Wicklund, and Clayton Zimmerman.
Absent: None.
Also present were: Community Development Manager/City Planner Mike Mrosla, Planning
Consultant Jane Kansier, and Councilmember Dave McClung.
APPROVAL OF AGENDA — OCTOBER 9, 2019
Chair Gehrig stated the agenda will stand as published.
APPROVAL OF MINUTES is
September 4, 2019 — Planning Commission Regular Meeting
Commissioner Zimmerman moved, seconded by Commissioner Wicklund, to approve the
September 4, 2019, Planning Commission Regular Meeting as presented. The motion
carried unanimously (7-0).
PLANNING CASES
A. Planning Case 19-014; Mounds View High School — Interim Use Permit — Public
Hearing
Planning Consultant Kansier stated Mounds View Public Schools has applied for an Interim
Use Permit (IUP) to allow the existing building on the property at 1901 Lake Valentine Road to
be temporarily used as the weight room/fitness center for Mounds View High School. This
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 2
property is zoned R-1, Single Family Residential and is part of the Mounds View High School
Planned Unit Development.
Planning Consultant Kansier reported the City Council approved a Planned Unit Development
for Mounds View High School in May 2019. The approved PUD allowed for additions to the
existing high school building and allowed multiple lots to be treated as a single development.
Planning Consultant Kansier explained when the original PUD application was submitted, the
Applicant intended to use the existing building at 1901 Lake Valentine Road for cold storage. A
more intensive use of the building may be proposed at a later date. As a result, the City Council
included the following as a condition of approval of the PUD:
Any use of the existing building on the on PID 21302334005 other than cold storage
will require an amendment to the approved PUD. The existing structure shall comply
with City Code Chapter 14 and any other use of the building shall meet all applicable
codes.
Planning Consultant Kansier indicated when construction of the high school improvements
began, the School District realized they did not have an interim location for the weight
room/fitness center. This room is generally used for fitness and weight training as part of the
overall health and wellness curriculum. The school officials looked for a temporary location and
decided to use the existing building at 1901 Lake Valentine Road. The School District worked
with the Fire Marshall and building inspections staff to bring the space into conformance with
building and life safety codes. During that time school and planning staff met to discuss
approval options. As a result, the school district has submitted this application for an IUP. A
temporary certificate of occupancy pending Planning Commission and City Council approval of
the IUP.
Planning Consultant Kansier stated Interim Use Permits are intended to allow uses that may be
appropriate in a zoning district on a temporary basis, provided specific conditions are met. The
IUP process is dictated by Section 1355.04, Subd. 7, of the City Code. The purpose and intent of
an NP was discussed with the Commission.
Planning Consultant Kansier stated at this time, the applicant is applying for an 1UP to allow
the use of the existing building at 1901 Lake Valentine Road for a weight room/fitness center
until October 1, 2020. The weight room is approximately 40' by 80' and is located in the
southwest corner of the existing building. The remaining portion of the building is used for
storage. Fire -rated sheetrock walls have been constructed around the weight room to meet
building and fire code requirements. The room functions as part of Mounds View High School,
so no additional parking spaces are required. No external changes to the building are proposed.
Planning Consultant Kansier reported the applicant has provided a general statement of the
future use of the building once the IUP has expired. This use includes storage of vehicles and
equipment. The School District will review and prioritize upgrades to the building and grounds
as part of their long-term facility planning process.
Planning Consultant Kansier reviewed the surrounding area, the Plan Evaluation and provided
the Findings of Fact for review:
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
3
1. The use is allowed as an interim use in the underlying zoning district and conforms to the
zoning regulations;
This site is a PUD with an underlying zoning of R-1. Schools are permitted as a CUP or
a PUD in the R-1 district. The proposed interim use is an extension of the existing school.
2. Permission of the interim use will not impose additional costs on the public if it is
necessary for the public to take the property in the future;
There are no additional costs to the public. The use will be conducted in an existing
building, and minimal improvements have been made. Further, there are no plans for
public improvements in this area.
3. The use will not adversely impact nearby properties through nuisance, noise, dust, glare,
or unsightliness, and will not otherwise adversely impact the health, safety, and welfare of
the community;
The use of this building for this purpose will not create a nuisance or impact the health,
safety and welfare of the community. The proposed use is less intensive than the previous
use as a bus garage.
4. The use will not adversely impact traffic and parking;
The facility will only be used by students at Mounds View High School during the hours
of approximately 7: 00 AM to 5: 00 PM. No additional parking will be required.
5. The use will not adversely impact implementation of future amendment to the City's
Comprehensive Plan;
This site will be designated for Public & Institutional uses. This use is consistent with
that designation.
6. The date or event that will terminate the use is identified with certainty;
The Applicant has indicated this use will be discontinued upon completion of the weight
room/fitness center in the high school building, or no later than October 1, 2020.
7. The applicant has signed a consent agreement agreeing that the applicant, owner,
operator, tenant, and/or user has no entitlement to an extension of the Interim Use Permit;
Upon approval of the IUP, the applicant will be asked to sign a consent agreement.
8. The user agrees to all conditions that the City Council deems appropriate for permission
of the use including the requirement of appropriate financial surety to cover the cost of
removing the interim use and any interim structures upon expiration of the interim use
permit;
Upon approval of the IUP, the applicant will be asked to sign a consent agreement.
9. There are no delinquent property taxes, special assessments, interest, or City utility fees
due upon the subject parcel;
There are no property taxes or other fees owed.
10. The term of the interim use does not exceed three (3) years;
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
The interim use will be slightly less than one year from the date of approval. After
October 1, 2020, the use of the building is intended for cold storage and vehicle parking.
11. The property has not been a recipient of a previous interim use permit. A property that
has received an interim use permit for an interim use listed in 1320.05, Land Use Chart,
shall not be eligible for another interim use permit of the same use;
No previous interim use permits have been issued on this site.
12. Any special requirements in Section 1320 for a particular interim use are met.
Section 1320 lists no special requirements for this use.
0
Planning Consultant Kansier stated based on the submitted plans and findings of fact, staff
recommends approval of Planning Case 19-014 for an Interim Use Permit at 1901 Lake
Valentine Road be subject to the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to the plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City
Council.
2. The area used for the weight room/fitness facility shall not exceed 3,200 square feet and
shall be confined to the location shown on the building permit and plans on file at the
City.
3. The facility shall be used for school classroom use only and shall not be open to the
general public.
4. Hours of operation for this use are limited to 7:00 AM to 5:00 PM on Monday through
Friday. No after-hours use is permitted.
5. No vehicles of any kind shall be parked or stored within the building while the NP is in
effect.
6. The Interim Use Permit shall be in effect until 5:00 PM on October 1, 2020.
7. No extension of the NP shall be permitted without City Council approval. The Applicant
is not entitled to an extension of this permit.
8. All weight room and classroom equipment must be removed from the facility by 5:00 PM
on Friday, October 2, 2020.
9. Once this NP expires, any use of the existing building at 1901 Lake Valentine Road (PID
21302334005) other than cold storage will require an amendment to the approved PUD.
Any changes made to the building for the storage use will require a building permit.
10. Any violation of the conditions of this Interim Use Permit may result in revocation of the
permit.
Planning Consultant Kansier reviewed the options available to the Planning Commission on
this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the public hearing at 6:44 p.m.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 5
Chair Gehrig invited anyone for or against the application to come forward and make comment.
There being no comment Chair Gehrig closed the public hearing at 6:44 p.m.
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Zimmerman asked if the building had sprinklers or fire proof doors.
Planning Consultant Kansier reported the fire and building codes do not require the building to
have sprinklers.
Community Development Manager/City Planner Mrosla explained the Fire Marshall had
reviewed and approved the proposed plans. He noted additional alarm systems were added to the
building for safety purposes. He commented further on the doors that served the building.
Commissioner Zimmerman stated he was concerned students would be in this building and
wanted to be assured it was safe.
Planning Consultant Kansier commented staff was also concerned about this and noted the
Building Official and Fire Marshall had taken a special look at this building. She indicated fire
rated walls had been installed and all doors opened outward to allow students to exit the building
quickly.
Commissioner Wicklund asked if a Phase I or Phase II environmental assessment was
completed on this building by the school district.
Planning Consultant Kansier deferred this question to the applicant.
Commissioner Wicklund questioned if the City would be responsible for any harmful toxins
that could impact staff or students.
Planning Consultant Kansier reported the City would not be responsible.
Commissioner Wicklund inquired if the school district asked for the 7:00 a.m. to 5:00 p.m. time
period.
Planning Consultant Kansier stated the school asked for an 8:30 a.m. to 4:30 p.m. time frame
and staff extended this timeframe slightly.
Commissioner Vijums believed the school was making a logical choice moving the weight
room to a new space and he supported the requested Interim Use Permit.
Commissioner Jones asked if the building would have to be brought up to code to meet heating
and cooling requirements.
Planning Consultant Kansier stated it was her understanding the applicant would be bringing
the building up to code to meet all applicable building requirements.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 6
Mike Schwartz, Mounds View Public Schools, explained at this time the space was being used
for four classrooms. He noted the space was up to code with respect to building and fire code.
He indicated a plywood and rubber floor would be installed in the building.
Commissioner Lambeth questioned if the space was already being used as a weight room by the
school district.
Mr. Schwartz reported the school district was not aware of the fact it needed to go through this
process. He stated he has since been working with staff, the Lake Johanna Fire Department and
building officials.
Commissioner Lambeth inquired if the building was currently in use and if this impacted the
IUP.
Mr. Schwartz reported the building was being used.
Planning Consultant Kansier stated instances like this happen all the time and staff proceeds as
if the use was not in place. She explained the City was not obligated to take any specific action
regarding this IUP.
Commissioner Lambeth discussed the size of the weight room (3,200 square feet) and asked if
the area being used was being driven by the dimensions of the building.
Community Development Manager/City Planner Mrosla stated this was the case and noted it
was the City's intent to not allow for any expansion of the weight room/fitness space.
Commissioner Subramanian commented on the high level of traffic that occurs in the morning
surrounding the school. He questioned if a traffic study had been completed by the school.
Community Development Manager/City Planner Mrosla explained a traffic study was being
completed by WSB. He noted the traffic study would focus on AM and PM peaks. He reported
the students using the weight room were using the space during non -peak hours.
Mr. Schwartz discussed the timeline for the students using the weight room prior to or after
school. He commented traffic patterns in and out of the school were smoothing out.
Commissioner Subramanian asked what would happen if toxins were found in the building,
given the fact the building was already in use.
Community Development Manager/City Planner Mrosla stated from a life safety perspective
the building already meets building code requirements. He indicated the school district was
proposing the weight room as a temporary or interim use.
Commissioner Wicklund commented on the type of work that would be conducted if a Phase I
or Phase lI Environmental Study was completed on the building.
Chair Gehrig asked if the suggested dates within the permit were identified by staff.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 7
Mr. Schwartz explained the school plans to be out of this building prior to August of 2020.
Commissioner Wicklund questioned what the normal practice was for operations that occur
prior to receiving proper permits from the City.
Planning Consultant Kansier discussed her experience with this type of situation.
Community Development Manager/City Planner Mrosla reiterated the fact that the building
had been inspected by the Fire Marshall and Building Official and the site passed inspection.
Commissioner Jones expressed concern with the fact the building may not be properly
ventilated given the fact the space would be used for an intense athletic use.
Planning Consultant Kansier reported the applicant was required to receive building and fire
code permits. She noted the space has been inspected by the building official and a temporary
certificate of occupancy was approved.
Chair Gehrig thanked staff for answering all of the questions from the Commission.
Commissioner Jones moved and Commissioner Lambeth seconded a motion to recommend
approval of Planning Case 19-014 for an Interim Use Permit at 1901 Lake Valentine Road,
based on the findings of fact and submitted plans, as amended by the ten (10) conditions in
the October 9, 2019, Report to the Planning Commission. The motion carried unanimously
(7-0).
B. Planning Case 19-012; Presbyterian Homes — Site Plan Review — No Public Hearing
Required
Planning Consultant Kansier stated Patrick McChesney of Presbyterian Homes ("The
Applicant") is requesting site plan review for a proposed project on 3200 Lake Johanna Blvd
(`The Subject Property") to install an Emergency Power Supply System (EPSS) on site.
Planning Consultant Kansier explained Johanna Shores is multi -unit senior living community
located on Lake Johanna Blvd and County Road D that has been operating continuously since
1955. The site is comprised of 410 units in a mix of independent senior apartments, assisted
living units, memory care units, hospice units, and McKnight Care Center. The 22 -acre parcel
was approved for a Planned Unit Development (PUD) in 2010 under Resolution 10-067 to allow
for greater flexibility with height and density requirements to accommodate the 410 units on the
site. The Applicant is requesting a site plan review for the installation of a proposed EPSS to be
located on a concrete pad outside the physical plant on the north side of the property.
Planning Consultant Kansier reported the Applicant indicated in their application that the
proposal will replace two existing EPSSs that service the Subject Property with a single diesel -
fueled EPSS. The existing equipment that would be replaced are a diesel -fueled EPSS with an
underground tank and a natural gas -fueled EPSS. The two existing EPSS's are located inside a
room adjacent to the physical plant on the rear on the building as shown on the image below. The
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 8
proposed replacement EPSS would be located outside the physical plant on the north side of the
campus adjacent to Sandeen Road.
Planning Consultant Kansier commented under the state licensure requirements of a nursing
home, a nursing home "shall be kept in a continuous state of good repair and operation with
regard to the health, comfort, safety and wellbeing of the occupants in accordance with an
established routine maintenance and repair program" including an emergency electrical service
that "shall be operated and tested at frequent intervals". (Chapter 4660.7800 Plant Operation and
maintenance for Existing and New). The two existing EPSS systems are reportedly over 50 years
old and are nearing the end of their serviceable lifetime. The replacement EPSS proposed will
have a greater capacity than the combined total for the two existing EPSSs.
Planning Consultant Kansier reviewed the surrounding area, the Plan Evaluation and provided
the Findings of Fact for review:
1. The Applicant is requesting site plan review for a proposed project at Johanna Shores
Senior Living Facilities to install an Emergency Power Supply System (EPSS) on site.
2. The two existing EPSS systems are reportedly over 50 years old and are nearing the end
of their serviceable lifetime. The replacement EPSS proposed will have a greater capacity
than the combined total for the two existing EPSSs.
3. Under state licensure requirements, a nursing home shall be kept in a continuous state of
good repair and operation including an emergency electrical service that shall be operated
and tested at frequent intervals.
4. The Applicant indicated to staff that emergency testing of the EPSS would be confined to
no more than one hour a month during day time hours.
5. The Subject Property is located within a PUD guided by the R-4 Zoning District and the
location of the proposed EPSS is 60 feet from the nearest property line to the north and
approximately 12 feet from the nearest structure, which meets all setback requirements
for the Subject Property.
6. The concrete pad will be located further to the east in a zone designated with minimal risk
of flooding.
7. Mechanical equipment will be screened with a chain link fence with beige fence weave
privacy slats, installed on all 4 sides of the concrete pad to a height of 11 1/2 feet above
grade to conceal the EPSS, which is 139" high.
8. To help attenuate noise an air intake silencer will be installed on the equipment by the
manufacturer to reduce any noise with sound absorbing insulation.
Staff noted the Planning Commission must make a finding as to whether or not the proposed
application would adversely affect the surrounding neighborhood or the community as a whole
based on the aforementioned factors.
Planning Consultant Kansier stated staff recommends approval of the Site Plan Review with
the following conditions:
1. 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.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 9
2. All proposed fencing shall be black vinyl -coated chain link.
3. The structure shall conform to all other regulations in the City Code.
4. The Applicant shall work with the City staff to mitigate any noise concerns if complaints
are received.
5. Monthly equipment testing shall occur weekdays between the hours of 8:00 a.m. and 5:00
p.m.
Planning Consultant Kansier reviewed the options available to the Planning Commission on
this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Subramanian indicated noise was a concern within this request. He asked how
much noise would be generated by the equipment being installed.
Community Development Manager/City Planner Mrosla stated the noise from the new
equipment would be less impactful than the existing equipment on site. It was staffs
understanding the noise would be reduced from 92 decibels to 60 decibels at 60 feet from the
property line.
Commissioner Subramanian questioned what would happen to the old generator.
Pat Jesney, Presbyterian Homes representative, reported the existing generator would be
dismantled and removed from the space, along with the old storage tank. He reported the space
would be utilized for storage.
Commissioner Lambeth inquired if black slats were required in the chain link fence.
Community Development Manager/City Planner Mrosla stated staff was making this
recommendation to ensure the new fence matched the existing fence on the site.
Commissioner Lambeth questioned if the chain link fence with slats would improve the noise
situation.
Community Development Manager/City Planner Mrosla anticipated this was the case. He
suggested Condition 6 read: The applicant shall be required to install black slats in the chain link
fence or similar material to assist with noise reduction.
Commissioner Jones discussed the new generator and was pleased there would be a noise
reduction.
Commissioner Zimmerman agreed.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 10
Commissioner Vijums asked if any landscaping was being proposed around the new generator
site.
Community Development Manager/City Planner Mrosla commented no additional
landscaping was being proposed.
Chair Gehrig was pleased the noise from the generator would be reduced and he recommended
the color of the slats be determined by the applicant and that the City not get involved in this
matter.
Commissioner Lambeth moved and Commissioner Wicklund seconded a motion to
recommend approval of Planning Case 19-012 for a Site Plan Review of 3200 Lake
Johanna Blvd, based on the findings of fact and the submitted plans, as amended by the
five (5) conditions in the October 9, 2019 Report to the Planning Commission. The motion
carried unanimously (7-0).
C. Planning Case 19-011; 1314 Cannon Avenue — Variance — No Public Hearing
Required
Community Development Manager/City Planner Mrosla stated Northrup Builders (the
"Applicants") have requested a variance in order to construct a four -season porch addition to the
existing legal nonconforming single-family detached property at 1314 Cannon Avenue (the
"Subject Property").
Community Development Manager/City Planner Mrosla reported City staff received a
building permit application for a request to build a four -season porch and deck addition at the
Subject Property. Upon review by Planning Staff it was determined that the request would
require a variance due to existing non -conforming side yard setbacks. The existing principal
structure was built in 1963 and predates the current R-1 zoning code requirements. This is the
first proposed addition and this is the first request for a variance at the Subject Property.
Community Development Manager/City Planner Mrosla explained the applicants have
requested a variance to construct a four -season poach on an existing nonconforming property.
The existing principal structure on the subject property is setback nine (9) feet from the eastern
property line and has combined total setback of 19 feet. However, the R-1 zoning district
requires a minimum side yard setback of 10 feet and a minimum total combined of 25 feet for
residential properties. The proposed addition will be constructed to maintain the same setbacks as
the existing house or nine (9) feet from the eastern property line. The proposed addition will meet
all other setback and lot coverage requirements.
Community Development Manager/City Planner Mrosla reviewed the surrounding area, the
Plan Evaluation and the Variance Evaluation Criteria.
Community Development Manager/City Planner Mrosla provided the Findings of Fact for
review:
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
11
General Findings:
1. The property at 1314 Cannon Avenue is located in the R-1 Single Family Residential
Zoning District.
2. The existing single-family residential dwelling was built prior to the existing zoning code
and is a nonconforming structure because it encroaches into the required side yard
setbacks on either side of the property.
3. The property owners have requested a variance in order to construct an addition that
would remain flush with the side of the dwelling and would maintain the same setback as
the existing structure
4. The proposed addition would meet all other minimum setback requirements for the R-1
District.
5. The proposed addition meets the minimum lot coverage requirements, maximum building
height requirement, and floor area ratio requirement for the R-1 District, as indicated by
the plans submitted by the Applicant.
6. The proposed development would not encroach on any flood plains, wetlands, or
easements.
7. The proposed development is not expected to impact any significant trees on the property.
Community Development Manager/City Planner Mrosla stated staff recommends approval of
the Variance with the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval.
2. Any significant changes to these plans, as determined by the City Planner, shall require
review and approval by the Planning Commission and City Council.
3. A Building Permit shall be required prior to commencement of construction.
4. The structure shall conform to all other regulations in the City Code.
5. The proposed structure finish shall complement the existing structure onsite.
Community Development Manager/City Planner Mrosla reviewed the options available to
the Planning Commission on this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Jones stated this would be a nice addition to the home and asked if the applicant
had spoken to his neighbors.
Chris Gross, North River Remodeling, stated his client has a letter from the next door neighbor
noting the neighbor approved of the project.
Commissioner Jones requested a copy of this letter be provided to staff.
Chair Gehrig questioned what the finished exterior would be for the new addition.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 12
Mr. Gross commented the exterior finish would match the existing siding and roofing. He noted
the home had 8 -inch lap siding.
Chair Gehrig moved and Commissioner Zimmerman seconded a motion to recommend
approval of Planning Case 19-011 for a Variance at 1314 Cannon Avenue, based on the
findings of fact and the submitted plans, as amended by the five (5) conditions in the
October 9, 2019 Report to the Planning Commission. The motion carried unanimously (7-
D. Planning Case 19-013; 1932 County Road E W - Variance — No Public Hearing
Required
Community Development Manager/City Planner Mrosla stated Gary and Julie Gronquist
("The Applicants") have requested a variance in order to construct a detached garage adjacent to
their existing driveway located on New Brighton Road. The subject property is located at 1932
County Road E W ("Subject Property").
Community Development Manager/City Planner Mrosla explained the Subject Property is a
single-family detached dwelling with an attached garage and driveway facing County Road E W.
In August 2000 a second driveway was constructed on New Brighton Road along with an
associated accessory structure (shed). At the time, there were no restrictions on driveways in the
R-2 District. However, on November 31, 2000, the City Council approved amended language to
the City Zoning Ordinance in regards to the definition of a driveway on single family residential
properties. Because the driveway on the Subject Property was built and approved prior to the
change in language, the property has been legally non -conforming.
Community Development Manager/City Planner Mrosla commented the Applicants are
requesting a variance to build a detached garage on the Subject Property facing New Brighton
Avenue. The proposed detached garage would replace the existing accessory structure (shed)
onsite. The Subject Property is located on a corner lot located within the R-2 district, each yard
facing a public street is considered to be a front yard with a front yard setback of 40 feet. The
Applicant's proposed detached garage would be setback 23 or encroach 17 feet into the front
yard setback.
Community Development Manager/City Planner Mrosla reported the area that is 40 feet from
the curb facing New Brighton Avenue on the Subject Property is underneath a power line. A
variance would allow the residents to build the garage closer to the curb, which would avoid
relocating the power line and would preserve an existing large tree onsite. Staff reviewed the R-2
district and found numerous other accessory structures located within the 40 -foot setback,
including the adjacent property to the south of the subject property.
Community Development Manager/City Planner Mrosla reviewed the surrounding area, the
Plan Evaluation and provided the Findings of Fact for review:
General Findings:
1. The property at 1932 County Road E is located in the R-2 Single Family Residential
Zoning District.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
13
2. The existing driveway on the property facing New Brighton Avenue is legally
nonconforming because it was built prior to the ordinance amendment pertaining to
driveways.
3. The property owners have requested a variance in order to construct a garage on the
driveway that would encroach on the front yard setback facing New Brighton Avenue.
4. The proposed garage would meet all other minimum setback requirements for the R-2
District.
5. The proposed garage would meet the minimum lot coverage requirements, maximum
building height requirement for the R-2 District, as indicated by the plans submitted by
the Applicant.
6. The proposed development would not encroach on any flood plains, wetlands, or
easements.
7. The proposed development is not expected to impact any significant trees on the property.
Variance Findings:
S. The variance request would comply with the purpose and intent of the R-2 Zoning
District and with the policies within the City's Comprehensive Plan.
9. The proposed addition is a reasonable use of the property.
10. The Subject Property is located is a corner lot at the intersection of County Road E W and
New Brighton Road. Corner lots with yards facing a public street is considered to be a
front yard and any structures shall be setback of 40 feet from the property line. On non -
corner lots the rear and side yard setback for accessory structures is 10 feet. However,
many other properties zoned R-2 encroach upon the 40 -foot setback. The Applicant is
requesting to encroach 17 feet, where other properties encroach 30 or more feet into the
front yard setback.
11. The proposed addition will not alter the character of the neighborhood and is consistent
with the other dwellings in the neighborhood. The Applicants indicated to staff that their
neighbors on surrounding properties have voiced their support and do not believe that
granting a variance would negatively impact them. In addition, the Applicant work with
the neighbor to the south on locating their propose structure so it would be screen by the
existing garage on the adjacent property
12. The proposed variance is not based on economic consideration.
13. A solar energy system is not proposed. However, the proposed addition would not impact
the ability to construct a solar energy system onsite or on an adjoining property.
Community Development Manager/City Planner Mrosla stated staff recommends approval of
the Variance with the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to these plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City
Council.
2. A Building Permit shall be issued prior to commencement of construction.
3. The structure shall conform to all other regulations in the City Code.
4. The proposed accessory structure finish shall complement the existing structure onsite
Community Development Manager/City Planner Mrosla reviewed the options available to
the Planning Commission on this matter:
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 14
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Subramanian asked if the tree will be removed or preserved.
Community Development Manager/City Planner Mrosla explained the tree will be preserved.
Commissioner Lambeth questioned when this home was built.
Julie Gronquist, 1932 County Road E W, reported the home was built in 1969.
Commissioner Lambeth stated he did not believe the detached garage would propose any type
of inconvenience or threat to the property or surrounding properties.
Commissioner Jones asked if the proposed detached garage would square up with the neighbors
detached garage.
Ms. Gronquist indicated she was trying to fit her garage behind the neighbor's garage so that it
would not be visible from her neighbor's home.
Commissioner Jones explained he fully supported the proposed request.
Commissioner Vijums inquired if the applicant was requesting to encroach 13 feet or 17 feet
into the setback.
Community Development Manager/City Planner Mrosla stated the applicant was proposing
to encroach 13 feet into the setback.
Commissioner Vijums asked how many vehicles a property could have in their driveway.
Community Development Manager/City Planner Mrosla explained the maximum number of
cars that could be parked in a driveway was four.
Commissioner Vijums questioned if the Gronquist's could now have eight cars parked on their
property given the fact they would have two driveways.
Ms. Gronquist commented there was no parking allowed on New Brighton Road or County
Road E and for this reason all of her guests were required to park in her driveway.
Commissioner Vijums stated he could more than four vehicles being allowed on a temporary
basis, but indicated he would like to see a condition for approval added that stated no more than
four vehicles could be parked between the driveways, except on a temporary basis.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 15
Planning Consultant Kansier stated the homeowners only have 23 feet from the property line
which would only allow for two cars to be parked in this area. She anticipated that if a lot of
vehicles were being parked on this property, the City would receive complaints.
Commissioner Vijums indicated he did not want to see complaint calls generated and suggested
a condition be added for approval.
Community Development Manager/City Planner Mrosla reported a condition could be added
to address this concern stating no more than two vehicles shall be parked in the driveway
adjacent to New Brighton Road.
Commissioner Wicklund asked how the City enforced the no more than four vehicles in a
driveway requirement.
Community Development Manager/City Planner Mrosla stated when the City receives a
complaint the Sheriff is notified and the City inspects the property. He commented typically a
notice is sent to the property owner and they are given seven days to bring the property into
compliance with City Code.
Chair Gehrig indicated the driveway was done before the code was passed, but the garage was
not in place. He explained he was struggling with the fact the Commission was being asked to
approve a brand-new garage given the fact a 20 -year-old driveway was in place.
Ms. Gronquist stated the driveway was installed with the understanding a garage would one day
be built. She explained she has been saving to build the garage for years. She reported within
City Code she was allowed to build a garage but noted the proposed location led to the variance
request.
Chair Gehrig thanked Ms. Gronquist for the clarification and consideration with respect to the
placement of the garage. She noted she had letters from all three of her neighbors offering
support to her variance request.
Commissioner Subramanian questioned if the existing driveway could be eliminated.
Ms. Gronquist explained the existing driveway was needed to access the garage attached to her
home.
Commissioner Zimmerman inquired if a fifth condition should be added for approval.
Community Development Manager/City Planner Mrosla reported Condition 5 could read: No
more than two (2) vehicles shall be permanently parked on the driveway adjacent to New
Brighton Road.
Commissioner Wicklund questioned if a condition was required to ensure the current shed was
removed.
Community Development Manager/City Planner Mrosla reported staff would be following
upon this matter through the building permit approval process.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 16
Commissioner Vijums stated he did not want to see an eyesore of numerous cars parked on the
new driveway and he appreciated the fact Condition 5 was being recommended for approval.
Community Development Manager/City Planner Mrosla explained that the requested
variance would stay with the property and if new owners were to move into the home, only two
vehicles could be parked in the driveway off of New Brighton Road.
Chair Gehrig stated he was struggling with the fact the Planning Commission was proposing to
make an exception to City Ordinance for this one property by restricting the number of cars that
could be parked on the driveways. He believed that this issue should be addressed by the City
Council and not the Planning Commission.
Commissioner Wicklund moved and Commissioner Jones seconded a motion to
recommend approval of Planning Case 19-013 for a Variance at 1932 County Road E West,
based on the findings of fact and the submitted plans, as amended by the four (4)
conditions in the October 9, 2019 Report to the Planning Commission, recommending the
City Council address the number of vehicles that can be parked on properties that have
two driveways. The motion carried unanimously (7-0).
UNFINISHED AND NEW BUSINESS
None.
REPORTS
A. Report from the City Council
Councilmember McClung updated the Planning Commission on City Council activities. He
explained the Council approved a public notification process for planning and land use
applications. He stated the Council approved the sign code amendment that addressed dynamic
display signs.
B. Planning Commission Comments and Requests
Chair Gehrig reported the Planning Commission was still seeking an alternate member. Those
interested in serving were encouraged to contact City Hall for further details.
C. Staff Comments
Community Development Manager/City Planner Mrosla updated the Commission on the
redevelopment of the old fire station.
ADJOURN
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 17
Commissioner Zimmerman moved, seconded by Commissioner Viiums, to adiourn the
October 9, 2019, Planning Commission Meeting at 9:13 p.m. The motion carried
unanimously (7-0).
CONSENT ITEM — 611
lt
iIZEN�HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Joe Hartmann, Associate Planner
Mike Mrosla, Community Development Manager/City Planner
SUBJECT: Planning Case #19-013
Applicant: Julie and Gary Gronquist
Property Location: 1932 County Road E W
Request: Variance
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider the Following
Motion to approve Planning Case 19-013 for a Variance at 1932 County Road E W, based on the
findings of fact and the submitted plans in the October 28th, 2019 Report to the City Council.
Background
The property owners at 1932 County Road E W have submitted an application for a variance. The
subject property is zoned R-2, Single and Two Family Residential District and is guided as Very
Low Density on the Land Use Plan. The Applicant is proposing to construct a detached garage
behind their existing home. The proposed addition would be constructed on the south side of the
property facing an existing legal non -conforming driveway. The Applicant has requested a
variance because the proposed driveway would encroach into the front setback.
The existing driveway facing New Brighton Boulevard was built in 2000 and predates the current
zoning code restrictions for driveways in R-2 properties. The proposed detached garage on the
subject property is setback twenty-seven (27) feet from the property line and would encroach 13
feet into the front setback. However, staff inspected other nearby R-2 properties and noted that
numerous properties in the same district have garages located within the front yard setback. The
proposed garage would be constructed to preserve an existing significant tree and would avoid
City of Arden Hills
City Council Meeting for October 28, 2019
Page 1 of 5
which would avoid relocating the power line to build the garage 40 feet behind the setback. The
proposed garage would otherwise meet all other R-2 zoning requirements.
Plan Evaluation
A full evaluation of the proposal was presented to the Planning Commission on October 9, 2019.
The staff report to the Planning Commission on this case is provided in Attachment C. Draft
minutes from the October 9, 2019 meeting are included in Attachment D.
Variance Requirements — Section 1355.04, SUM. 4
The City Council will need to make a determination utilizing the following variance findings and
criteria on whether there are practical difficulties with complying with the zoning regulations in
regards to Planning Case 19-013.
1. Purpose and Intent. The variance request shall comply with the purpose and intent of the
provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive
Plan.
The variance request would comply with the purpose and intent of the R-2 Zoning District
and with the policies within the City's Comprehensive Plan.
2. Practical Difficulties. The applicant for a variance shall establish that there are practical
difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term
"Practical Difficulties" as used in the granting of a variance means:
a. Reasonable Use. The property owner proposes to use the property in a reasonable manner
not permitted by the Zoning Ordinance.
The proposed garage is a reasonable use of the property.
b. Unique Circumstances. The plight of the property owner is due to circumstances unique to
the property not created by the landowner.
Corner lots like the subject property with yards facing a public street are considered to be
a front yard and any structures shall be setback of 40 feet from the property line. On non -
corner lots the rear and side yard setback for accessory structures is 10 feet. However,
many other properties zoned R-2 encroach upon the 40 foot setback. The Applicant is
requesting to encroach 13 feet, where other properties encroach 30 or more feet into the
front yard setback.
c. Character of Neighborhood. The variance, if granted, will not alter the essential character
of the neighborhood.
City of Arden Hills
City Council Meeting for October 28, 2019
Page 2 of 5
The proposed addition will not alter the character of the neighborhood and is consistent
with the other dwellings in the neighborhood.
3. Economic Consideration. Economic consideration alone does not constitute a practical
difficulty.
The proposed variance does is not based on economic consideration.
4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be
considered a practical difficulty.
A solar energy system is not proposed. However, the proposed addition would not impact the
ability to construct a solar energy system onsite or on an adjoining property.
Additional Review
Residential Building Inspector
The Residential Building Inspector has reviewed the plans and has no additional comments at this
time. A Building Permit will be required prior to any construction taking place.
Public Works Director/City Engineer
The Public Works Director/City Engineer has reviewed the plans and has no additional comments
at this time.
Findings of Fact
The Planning Commission reviewed Planning Case 19-013 at their meeting on October 9, 2019
and offers the following findings of fact for consideration:
General Findings:
1. The property at 1932 County Road E is located in the R-2 Single Family Residential Zoning
District.
2. The existing driveway on the property facing New Brighton Avenue is legally
nonconforming because it was built prior to the ordinance amendment pertaining to
driveways.
3. The property owners have requested a variance in order to construct a garage on the
driveway that would encroach on the front yard setback facing New Brighton Avenue.
4. The proposed garage would meet all other minimum setback requirements for the R-2
District.
5. The proposed garage would meet the minimum lot coverage requirements, maximum
building height requirement for the R-2 District, as indicated by the plans submitted by the
Applicant.
6. The proposed development would not encroach on any flood plains, wetlands, or
easements.
7. The proposed development is not expected to impact any significant trees on the property.
City of Arden Hills
City Council Meeting for October 28, 2019
Page 3 of 5
Recommendation
The Planning Commission recommended approval by a 7-0 vote of Planning Case 19-013 for a
Variance at 1932 Count Road E W, based on the findings of fact and the submitted plans in the
October 9, 2019 Report to the Planning Commission, as amended by the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to these plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City Council.
2. A Building Permit shall be required prior to commencement of construction.
3. The structure shall conform to all other regulations in the City Code.
4. The finish of the proposed addition shall complement the existing structure.
The Planning Commission noted concerns about the number of vehicles that could potentially be
parked on this lot with the two driveways. However, the Planning Commission did not formally
add any conditions of approval related to parking on site and instead recommended that the City
Council provide direction on this issue as part of this variance request.
Public Notice
Although a variance does not require a public hearing, a public meeting notice was prepared by
the City and mailed to properties within 500 feet of the subject property.
Public Comments
Staff received one email from Laura Ferrian, owner of The Villager Salon & Spa (222 New
Brighton Road) in favor of this variance request. Ferrian wrote that she had no concerns about the
addition of a garage on site, "as all previous work done on their property has been aesthetically
pleasing and of quality workmanship", adding that the proposed location for the garage is, "the
only logical place for this structure to be built".
Deadline for Agency Actions
The City of Arden Hills received the completed application for this request on September 9, 2019.
Pursuant to Minnesota State Statute, the City must act on this request by November 8, 2019 (60
days), unless the City provides the petitioner with written reasons for an additional 60 -day review
period. With consent of the applicant, the City may extend the review period beyond the initial
120 days.
Budget Impact•
NA
City of Arden Hills
City Council Meeting for October 28, 2019
Page 4 of 5
Attachments
A. Land Use Application
B. Location Map
C. Planning Commission Report, October 9, 2019
D. Building Permit
E. Draft Planning Commission Minutes, October 9, 2019
City of Arden Hills
City Council Meeting for October 28, 2019
Page 5 of 5
Attachment A
Applicant Information
A licant:j Lt i ItrG y 0 t1 S`+
tti
Address: 19 3 2 CDu,�I--ha Ra e I we -
5+ -Telephone No.: L- (F 4 f 55 Other:
Fax No.: G
Email Address: 6 f L FtnGSS
Property Information
Property Owner: tib U kl7u 11 e- 65�rd iia u(s-f-
Owner Address: I q 2 '2� I�W—jei 4-u rA 1 1 A )l <��
Property ID No.: �,'3 3 �, 9 d
Type of Use: t.._p A6 QQLvA 14 L
Zone: Property Acreage: , yD
Type of Request
❑ Comprehensive Plan Amendment (Fee: $500 +
Escrow: $1,000)
❑ Conditional Use or Interim Use Permit/CUP or IUP
Amendment (Fee: $350 + Escrow: $1,000)
❑ Preliminary Plat (Fee: $500 + Escrow: $1,000)
❑ Final Plat (Fee: $500 + Escrow: $1,000)
❑ Concept Plan Review (Fee: $150 + Escrow:
$1,000)
❑ Master Planned Unit Development or Master Special
Development Plan (Fee: $350 + Escrow: $1,000)
❑ Final Planned Unit Development or Final Special
Development Plan (Fee: $350 + Escrow: $1,000)
❑ Planned Unit Development Amendment or Special
Development Plan Amendment (Fee: $350 + Escrow:
$1,000
❑ Site Plan Review (Fee: $350 + Escrow: $1,000)
❑ Rezoning or TCAAP Regulating Plan Amendment
(Fee: $350 + Escrow: $1,000)
❑ Zoning Code or TCAAP Redevelopment Code
Amendment (Fee: $350 + Escrow: $1,000)
❑ City Code Amendment (Fee: $350 + Escrow:
$1,000)
❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts
,Only) (Fee: $350 + Escrow: $1,000)
Variance or Permitted Adjustment (Fee: $350 +
Escrow: $1,000)
❑ Vacation of Easement or Right -of -Way (Fee: $150 +
Escrow: $1,000)
❑ Esppeal of Administrative Decision (Fee: $150 +
❑ Land Use Requests — Not Already Specified (Fee:
$150 + Escrow: $1,000
Page 1 of 3
I
or Office Use.
'It
EN HILLS
Planning Case No. 19- 013
Submittal Date
1245 West Highway 96
Application Completed Date
Arden Hills, Minnesota 55112
Accepted by
Telephone (651) 792-7800
Receipt Number
Fax (651) 634-5137
Council Decision
www.cityofardenhills.org
I Council Decision Date
2019 LAND USE APPLICATION
Applicant Information
A licant:j Lt i ItrG y 0 t1 S`+
tti
Address: 19 3 2 CDu,�I--ha Ra e I we -
5+ -Telephone No.: L- (F 4 f 55 Other:
Fax No.: G
Email Address: 6 f L FtnGSS
Property Information
Property Owner: tib U kl7u 11 e- 65�rd iia u(s-f-
Owner Address: I q 2 '2� I�W—jei 4-u rA 1 1 A )l <��
Property ID No.: �,'3 3 �, 9 d
Type of Use: t.._p A6 QQLvA 14 L
Zone: Property Acreage: , yD
Type of Request
❑ Comprehensive Plan Amendment (Fee: $500 +
Escrow: $1,000)
❑ Conditional Use or Interim Use Permit/CUP or IUP
Amendment (Fee: $350 + Escrow: $1,000)
❑ Preliminary Plat (Fee: $500 + Escrow: $1,000)
❑ Final Plat (Fee: $500 + Escrow: $1,000)
❑ Concept Plan Review (Fee: $150 + Escrow:
$1,000)
❑ Master Planned Unit Development or Master Special
Development Plan (Fee: $350 + Escrow: $1,000)
❑ Final Planned Unit Development or Final Special
Development Plan (Fee: $350 + Escrow: $1,000)
❑ Planned Unit Development Amendment or Special
Development Plan Amendment (Fee: $350 + Escrow:
$1,000
❑ Site Plan Review (Fee: $350 + Escrow: $1,000)
❑ Rezoning or TCAAP Regulating Plan Amendment
(Fee: $350 + Escrow: $1,000)
❑ Zoning Code or TCAAP Redevelopment Code
Amendment (Fee: $350 + Escrow: $1,000)
❑ City Code Amendment (Fee: $350 + Escrow:
$1,000)
❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts
,Only) (Fee: $350 + Escrow: $1,000)
Variance or Permitted Adjustment (Fee: $350 +
Escrow: $1,000)
❑ Vacation of Easement or Right -of -Way (Fee: $150 +
Escrow: $1,000)
❑ Esppeal of Administrative Decision (Fee: $150 +
❑ Land Use Requests — Not Already Specified (Fee:
$150 + Escrow: $1,000
Page 1 of 3
Brief Description of Request tease also include a typed, detailed letter explaining the project):
*IMPORTANT*
• Certain applications are subject to review and approval by the Rice Creek Watershed
District. Contact RCW D directly at 763-398-3070 for additional information.
• The land use application fees do not cover building, sign, or other permit fees that
may be required upon approval of a land use application.
• All applications will be subject to additional fees for reimbursement of consultant costs
associated with filing, reviewing, and processing of application in the form of an
escrow to the City.
Filing & Information Requirements
The City requests that you make a pre -application meeting with the City Planner to discuss the application
process, requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified
survey of the property is required for all applications. A checklist with additional application requirements can be
found at www.cityofardenhills.orq/ianduseapr)lications.
Complete/Incomplete Applications
Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application
materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide
written comments on the application and may request plan revisions. If the application is determined to be
complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up
to 120 days. If not complete, the City may require plan revisions and/or additional information before the
application is scheduled for Planning Commission review and/or City Council action. Project will not be
scheduled for any meeting until the application submittal is found to be complete by the City Planner.
Payment of Fees and Escrows
The undersigned acknowledges that she/he understands that before a land use application can be deemed
complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs
incurred by the City related to the processing of this application. Each separate land use request shall be
charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in
reviewing and processing an application will be charged against the cash escrow and credited to the City.
Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and
mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount,
the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may
withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees
have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of
an approved plan. The escrow may be reduced or increased by the City Planner on a project by project basis.
Notice of Meeting Attendance
In order for the Planning Commission and the City Council to consider any application, the applicant or a
designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the
next available agenda.
Page 2 of 3
Meeting Schedule
Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at
6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held
typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City
of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules
below are for reference purposes only. Project will not be scheduled for any meeting until the application
submittal is found to be complete by the City Planner.
2019 Planning Commission and City Council Schedule (*subject to change)
TENTATIVE
PLANNING
COMMISSION
MEETING DATE*
(Generally held on the
first Wednesday after the first
Monday at 6:30 p.m.
TENTATIVE
CITY COUNCIL
MEETING
DATE*
(Generally held on the
fourth Monday at 7:00 p.m.)
January 9
January 28
Februa 6
February 25
March 6
March 25
April 3
ADril22
May 8
May 28
June 5
June 24
July 10
July 22
August 7
August 26
September 4
September 23
October 9
October 28
November 6
November 25
December 4
January 14 2020)
January 8 (2020)
January 27 (2020
Acknowledgement and Signature
I hereby apply for the above consideration and declare that the information and materials submitted with this
application are complete and accurate per city code and ordinance requirements. I fully understand that I am
responsible for all costs incurred by the City related to the processing of this application.
Property Owner SignOure (Required)
Applicant Signature (If different than the property owner)
9/&///9
Date
Date
Please contact the City Planner at 651-792-7800
if you have any questions regarding this application.
Additional copies of this application form are available on the City's website: www. cilvofardenhills.om ianduseapplica(ions
Page 3 of 3
It
EN HILLS
Escrow Account Set Up Form
Date: J
Site Address: M z c -o Lf h
Deposit made by:
Vlq -�
Amount: $ 1 � Mb-, 8@ v
- +
Address to send statements: �
-I J G �U`4 �'1 !` &e W z_015f
Contact Person:
J+IisM&)SSl f z
Telephone No.: I A Z-0� - LPI 76 Email Address: rYr�SS li h't s n, Cd m
Purpose of Escrow Account: V to&n G -
Arden Hills Finance Department policy requires that escrow deposits be held for six months once
a permit has been closed in order to ensure all costs associated with the project have been
covered. Please note: Land Use Applications may be required to maintain a minimum balance as
established by the City, and will require replenishment when balances fall below the minimum
balance. I acknowledge that I have read this policy and fully understand that any remaining
escrow balance will a released after a six-month waiting period.
plicant Signature ' Date
Office Use Only
Staff Name:
Type of Escrow:
❑ Landscaping
❑ Grading & Erosion (PW#
❑ Site Improvements (PW#
❑ Security Deposit — Do Not Charge
Additional Notes:
Department:
❑ Land Use Application (PC# )
❑ Temporary Certificate of Occupancy
❑ Other:
City of Arden Hills ♦ 1245 West Highway 96 ♦ Arden Hills, MN ♦ 55112-5743
Phone 651-792-7800 ♦ Fax 651.634.5137 ♦ www.cityofardenhills.org
9/4/19
Attention: City of Arden Hills
We have been residents of Arden Hills in our present home for 19 years. We have
been saving money to build this garage for years. We already started the process many
years ago by getting a permit to install the driveway for the future garage site. We hired a
company to install the driveway and with this, we planned out where the garage would be
placed with the intent to build the garage in the future once it was in our budget. We are
on a corner lot and the neighbors behind us have a second detached garage in a similar
location to our proposed garage. When we installed the driveway, we took the time to
ensure that our project would meet the criteria and code for the city.
We have saved and now have the money to build the garage and hired Sussel
Builders to build our garage. Sussel applied for our garage permit and was told that the side
set back changed since we put in our driveway. If we built the garage according to the new
code, it would make the garage look very strange as it would be in the middle of our back
yard and wouldn't match the neighbors detached garage. We designed our landscaping,
gardens, trees and the install of our in -ground sprinkler system around the location of the
future garage. We did not install any sprinkler heads where this garage would be.
It would be a hardship financially for us to not get this variance, as we would incur a
large amount of additional costs with the new set back requirements. We would have to
relocate our overhead powerline, move our in -ground sprinklers, cut down our 25 -year-old
pear trees in our yard, and re -do the driveway we built. All of these significant changes
would be avoided with the variance. The new code would also put our garage awkwardly in
the middle of our back yard which would not be pleasing to our neighbors. We and our
neighbors agree that our proposed site is the best choice. If we built a garage in the middle
of our backyard and not behind our neighbors' garage in the driveway we built, it would
look very awkward.
We feel it would be best for our property, our neighbors and the aesthetics from the
street to have the garage on the location proposed which is on the driveway we built
already in preparation for this garage. Having the garage where we are requesting keeps in
character with the neighborhood. We will be getting rid of the shed once we have the
garage built. Thanks for your consideration. We have also included letters from the
adjoining properties, of their support of this variance along with the other neighbor across
from us.
Sincerely,
Gland Julie Gronquist
Jr51/�
Chuck (Carl) and Lori Stampfle
1935 Grant Road
Arden Hills, MN 55112
To Whom It May Concern:
We support the Gronquist's request for a variance for their preferred location of
their new garage. We feel it would be best to be placed directly behind our
garage, which already exists at the same setback distance of the preferred site.
Lori Stampfle
651-503-6114
Ijstampfle@gmail.com
Gronquist Variance Application
Karen McKelvey <mckelveyk2@gmail.com>
Thu 9/5/2019 5:33 PM
To: Gary and Julie Gronquist <garygronquist@hotmail.com>
Cc: Bill & Karen McKelvey <williamcmckelvey_4@msn.com>
To Whom it May Concern:
We live at 1924 County Rd E, an adjoining property to 1932. We support the Gronquist's request for a
variance to build their garage at their proposed location. Aesthetically for the neighborhood aligning their
garage with the Stampfle's garage behind them makes the most sense.
If you have any questions please feel free to contact us .
Yours Truly,
William and Karen McKelvey
9/6/19
Laura Ferrian owner of the property located at 222 New Brighton Rd, across the
street from the Gronquist's home
I support the Gronquist's request for a variance to build their garage at the
proposed location they are seeking.
Thanks,
Laura Ferrian
Cell 763-443
Location Map Attachment
B
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it, _'IW Tony Schmidt
--- - Country Road E West
r-
New Brighton 1
1 Of -d
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Park and Open Space 92 Subject Parcel
Disclaimer: This map is intended for reference purposes only and is
not alegally recorded map or survey. The City of Arden Hills shall
not be liable for any damages orclaims that arise due to accuracy,
availability, use or misuse ofthe information herein pursuantto MN
Statute 466.03 Subd 21.
`,tet.110
Attachment C
lt
�-`iIZEN(HILLS
MEMORANDUM
DATE: October 9, 2019 PC Agenda Item 3.D
TO: Planning Commission Chair and Commissioners
FROM: Joe Hartmann, Associate Planner
Mike Mrosla, Community Development Manager/City Planner
SUBJECT: Planning Case #19-013 — No Public Hearing Required
Applicant: Gary and Julie Gronquist
Property Location: 1932 County Road E W
Request: Variance
Requested Action
Gary and Julie Gronquist ("The Applicants") have requested a variance in order to construct a
detached garage adjacent to their existing driveway located on New Brighton Road. The subject
property is located at1932 County Road E W ("Subject Property").
Background
1. Overview of Request
The Subject Property is a single family detached dwelling with an attached garage and driveway
facing County Road E W. In August 2000 a second driveway was constructed on New Brighton
Road along with an associated accessory structure (shed). At the time, there were no restrictions
on driveways in the R-2 District. However, on November 31St, 2000, the City Council approved
amended language to the City Zoning Ordinance in regards to the definition of a driveway on
single family residential properties. Because the driveway on the Subject Property was built and
approved prior to the change in language, the property has been legally non -conforming.
The Applicants are requesting a variance to build a detached garage on the Subject Property facing
New Brighton Avenue. The proposed detached garage would replace the existing accessory
structure (shed) onsite. The Subject Property is located on a corner lot located within the R-2
district, each yard facing a public street is considered to be a front yard with a front yard setback
of 40 feet. The Applicant's proposed detached garage would be setback 23 or encroach 17 feet into
the front yard setback.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
PAPlanning\Planning Cases\2019\19-013 1932 County Road E2 Var\Memos Reports
Page 1 of 7
The area that is 40 feet from the curb facing New Brighton Avenue on the Subject Property is
underneath a power line. A variance would allow the residents to build the garage closer to the
curb, which would avoid relocating the power line and would preserve an existing large tree onsite.
Staff reviewed the R-2 district and found numerous other accessory structures located within the
40 -foot setback, including the adjacent property to the south of the subject property.
j_ _ Direction j
Plan Evaluation
Chapter 13, Zoning Regulations Review
1. District Provisions (R-2 Single Family Residential District) — Section 1320
A. Lot Size and Dimensions
The parcel is approximately 0.40 acres or 17,358 square feet in area. In an R-2 residential district,
the minimum lot size is 11,000 square feet. The lot is approximately 155 feet by 115 feet and meets
the minimum width and length requirements for a property within the R-2 District.
B. Structure Setbacks - Flexibility Requested
The principal structure and attached garage is set back approximately 40 feet from County Road
E W and New Brighton Avenue. It meets the minimum setback for the remaining side at 10 feet
from the property line to the east and the 30 foot rear yard setback. If the detached garage were
approved with a variance, all other applicable setbacks on the Subject Property would be met.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
PAPlanning\Planning Cases\2019\19-013 1932 County Road E2 Var\Memos Reports
Page 2 of 7
County Road EW
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j_ _ Direction j
Plan Evaluation
Chapter 13, Zoning Regulations Review
1. District Provisions (R-2 Single Family Residential District) — Section 1320
A. Lot Size and Dimensions
The parcel is approximately 0.40 acres or 17,358 square feet in area. In an R-2 residential district,
the minimum lot size is 11,000 square feet. The lot is approximately 155 feet by 115 feet and meets
the minimum width and length requirements for a property within the R-2 District.
B. Structure Setbacks - Flexibility Requested
The principal structure and attached garage is set back approximately 40 feet from County Road
E W and New Brighton Avenue. It meets the minimum setback for the remaining side at 10 feet
from the property line to the east and the 30 foot rear yard setback. If the detached garage were
approved with a variance, all other applicable setbacks on the Subject Property would be met.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
PAPlanning\Planning Cases\2019\19-013 1932 County Road E2 Var\Memos Reports
Page 2 of 7
As per the documents submitted by the Applicants, the proposed accessory structure would meet
the minimum setback requirements for 10 feet on the side and rear yards. The proposed structure
would be setback facing New Brighton Avenue by 27 feet, meaning that it would only encroach
13 feet. As previously stated, numerous properties in the R-2 district with detached garages don't
meet setback requirements, including the property located directly to the south of the subject
parcel. Staff did submit the plans to Ramsey County for review as New Brighton Road is a County
Road and County staff did not have any concerns.
C. Lot Coverage
Lot Coverage
Proposed
R-2 Regulations
Square Feet
Percent
Total Structure
3,618
20%
Maximum 25%
Total Impervious
Coverage
5,318
31%
Maximum 35%
Landscape Area
12,040
69%
Minimum 65%
Lot Size
17,358 s.f.
11,000 s.f.
As depicted in the chart, the proposed detached garage addition would not significantly impact the
lot coverage requirements in the R-2 District for the Subject Property.
D. Design Standards
City Code Section 1325.01 requires that "accessory structures be compatible in appearance and
material used with the principal structure served by the accessory structure". According to the
plans submitted by the Applicant, the proposed structure is intended to complement the existing
dwelling located onsite.
2. Exceptions to the Minimum Requirements for All Districts —Section 1325.03
3. Tree Preservation — Section 1355.055
According to the Applicants, there is a significant tree in the rear year located approximately 40
feet from the front yard setback facing New Brighton Avenue. If the Applicants were to build the
garage meeting the setback requirements for an R-2 residential property, the significant tree would
have to be removed and replaced as per the requirements in City Code Section 1355.055.
4. Variance Requirements — Section 1355.04, Subd. 4
The applicants have requested a variance to construct a detached accessory structure that would
encroach into the front yard setback by 13 feet. The Planning Commission will need to make a
determination utilizing the following variance findings and criteria on whether there are practical
difficulties with complying with the zoning regulations.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
PAPlanningTIanning Cases\2019\19-013 1932 County Road E2 Var\Memos Reports
Page 3 of 7
Purpose and Intent. The variance request shall comply with the purpose and intent of the
provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive
Plan.
The variance request would comply with the purpose and intent of the R-2 Zoning District
and with the policies within the City's Comprehensive Plan.
2. Practical Difficulties. The applicant for a variance shall establish that there are practical
difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term
"Practical Difficulties" as used in the granting of a variance means:
a. Reasonable Use. The property owner proposes to use the property in a reasonable manner
not permitted by the Zoning Ordinance.
The proposed addition is a reasonable use of the property.
b. Unique Circumstances. The plight of the property owner is due to circumstances unique to
the property not created by the landowner.
The Subject Property is located on a corner lot at the intersection of County Road E W and
New Brighton Road. Corner lots with yards facing a public street are considered to be a
front yard and any structures shall be setback of 40 feet from the property line. On non -
corner lots the rear and side yard setback for accessory structures is 10 feet. However,
many other properties zoned R-2 encroach upon the 40 -foot setback. The Applicant is
requesting to encroach 13 feet, where other properties encroach 30 or more feet into the
front yard setback.
c. Character of Neighborhood. The variance, if granted, will not alter the essential character
of the neighborhood.
The proposed addition will not alter the character of the neighborhood and is consistent
with the other dwellings in the neighborhood. The Applicants indicated to staff that their
neighbors on surrounding properties have voiced their support and do not believe that
granting a variance would negatively impact them. In addition, the Applicant work with
the neighbor to the south on locating their propose structure so it would be screen by the
existing garage on the adjacent property.
3. Economic Consideration. Economic consideration alone does not constitute a practical
difficulty.
The proposed variance is not based on economic consideration.
4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be
considered a practical difficulty.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
PAPlanning\Planning Cases\2019\19-013 1932 County Road E2 Var\Memos Reports
Page 4 of 7
A solar energy system is not proposed. However, the proposed addition would not impact the
ability to construct a solar energy system onsite or on an adjoining property.
Additional Review
Residential Building Inspector
The Residential Building Inspector has reviewed the plans and had no additional comments at this
time. A Building Permit will be required prior to any construction taking place.
Public Works Director/City Engineer
The Public Works Director/City Engineer has reviewed the plans and had no additional comments
at this time.
Ramsey County
Ramsey County for reviewed the proposed plans as New Brighton Road is a county road and had
no additional comments.
Findings of Fact
The Planning Commission must make a finding as to whether or not the proposed application
would adversely affect the surrounding neighborhood or the community as a whole based on the
aforementioned factors. Staff offers the following findings for consideration:
General Findings:
1. The property at 1932 County Road E is located in the R-2 Single Family Residential Zoning
District.
2. The existing driveway on the property facing New Brighton Avenue is legally
nonconforming because it was built prior to the ordinance amendment pertaining to
driveways.
3. The property owners have requested a variance in order to construct a garage on the
driveway that would encroach on the front yard setback facing New Brighton Avenue.
4. The proposed garage would meet all other minimum setback requirements for the R-2
District.
5. The proposed garage would meet the minimum lot coverage requirements, maximum
building height requirement for the R-2 District, as indicated by the plans submitted by the
Applicant.
6. The proposed development would not encroach on any flood plains, wetlands, or
easements.
7. The proposed development is not expected to impact any significant trees on the property.
Variance Findings:
8. The variance request would comply with the purpose and intent of the R-2 Zoning District
and with the policies within the City's Comprehensive Plan.
9. The proposed addition is a reasonable use of the property.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
PAPlanning\Planning Cases\2019\19-013 1932 County Road E2 Var\Memos Reports
Page 5 of 7
10. The Subject Property is located is a corner lot at the intersection of County Road E W and
New Brighton Road. Corner lots with yards facing a public street is considered to be a
front yard and any structures shall be setback of 40 feet from the property line. On non -
corner lots the rear and side yard setback for accessory structures is 10 feet. However,
many other properties zoned R-2 encroach upon the 40 -foot setback. The Applicant is
requesting to encroach 17 feet, where other properties encroach 30 or more feet into the
front yard setback.
11. The proposed addition will not alter the character of the neighborhood and is consistent
with the other dwellings in the neighborhood. The Applicants indicated to staff that their
neighbors on surrounding properties have voiced their support and do not believe that
granting a variance would negatively impact them. In addition, the Applicant work with
the neighbor to the south on locating their propose structure so it would be screen by the
existing garage on the adjacent property
12. The proposed variance is not based on economic consideration.
13. A solar energy system is not proposed. However, the proposed addition would not impact
the ability to construct a solar energy system onsite or on an adjoining property.
Options and Motion Lan2ua2e
Staff has provided the following options and motion language for this case. The Planning
Commission should consider providing additional findings of fact as part of the motion to support
their recommendation for approval or denial.
Recommend Approval with Conditions: Motion to recommend approval of Planning Case
19-013 for a Variance at 1932 County Road E W, based on the findings of fact and the
submitted plans, as amended by the three (3) conditions in the October 9, 2019 Report to
the Planning Commission:
1. The project shall be completed in accordance with the plans submitted as amended by
the conditions of approval. Any significant changes to these plans, as determined by
the City Planner, shall require review and approval by the Planning Commission and
City Council.
2. A Building Permit shall be issued prior to commencement of construction.
3. The structure shall conform to all other regulations in the City Code.
4. The proposed accessory structure finish shall complement the existing structure onsite
• Recommend Approval as Submitted: Motion to recommend approval of Planning Case 19-
013 for a Variance at 1932 County Road E W, based on the findings of fact and the
submitted plans in the May 9, 2018 Report to the Planning Commission.
• Recommend Denial: Motion to recommend denial of Planning Case 19-013 for a Variance
at 1932 County Road E W, based on the following findings: findings to deny should
specifically reference the reasons for denial and why those reasons cannot be mitigated.
• Table: Motion to table Planning Case 19-013 for a Variance at 1932 County Road E W: a
specific reason and information request should be included with a motion to table.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
PAPlanning\Planning Cases\2019\19-013 1932 County Road E2 Var\Memos Reports
Page 6 of 7
Notice
Although a variance does not require a public hearing, a public meeting notice was prepared by
the City and mailed to properties within 350 feet of the subject property.
Public Comments
Staff received three public comments which have been attached to this document.
Deadline for Agency Actions
The City of Arden Hills received the completed application for this request on September 9, 2019.
Pursuant to Minnesota State Statute, the City must act on this request by November 8, 2019 (60
days), unless the City provides the petitioner with written reasons for an additional 60 -day review
period. With consent of the applicant, the City may extend the review period beyond the initial
120 days.
Attachments
A. Land Use Application and Variance Request Letter
B. Location and Aerial Maps
C. Site Photograph
D. Proposed Building Plans
E. Public Comments
City of Arden Hills
Planning Commission Meeting for October 9, 2019
PAPlanning\Planning Cases\2019\19-013 1932 County Road E2 Var\Memos Reports
Page 7 of 7
-AFkEN HILLS
1245 W Hwy 96 * Arden Hills MN 55112
Phone 651.792.7800 * Fax 651.634.5137
Email: CDr�cityofardenhills.org
Licensing Requirements:
Residential contractors must provide a copy of their
current state license, or hold a current City contractor's license.
Commercial Contractors must be city licensed, annually.
Attachment D
BUILUI
(Plan Reoulred)
Date Plan Submitted:
Date Applicant Notified:
Property Address: Bldg./Suite/Location (commercial projects only):
/93
Owner Name: Owner Phone Number:
J
Email Address: Owner Cell Number:
Mailing Address: City: State: Zip:
r r 0.z, I Arenc- v )4r24L 1 M �J I .SS 117—
Applicant Type: ❑ Primary Owner (Owners Affidavit Form Required) Uontractor; License # Verified
EPA Certified Lead Renovation Firm Yes / No Verified
Company Name (contractors only): I CompanyEzQail Address:
10
A.
ct Name:
■•
❑ Commercial
❑ Public
Single family
■ ■
DeSCtfhe Werk:
Number:
Does Project Require Lead Remediation?I If NO Explain:
F-1 YES
w
List All Special Approvals (i.e. variances, CUP's, etc.) or Details of this Project: Expected Completion Date:
/`1-Zra
Proposed Structure Details: Project Value: (including labor and materials)
Width: Height: Length: Total New Sq.Ft.: $ QO
210 I I q,- 10 't, 2 N � `720 37, O0 0
Dimensions and size of the lot (in square feet)
House:
Garage (Attached):
Garage (s) (Detached):
Decks:
Driveway:
Walkways/Stoops:
Patio (s):
Sheds:
Pools:
Existing
4Z_ sq.ft.
sq.ft.
sq.ft.
sq.ft.
sq.ft.
sq.ft.
sq.ft.
,1(00 sq.ft.
sq.ft.
Proposed
sq.ft.
}-� sq.ft.
sq.ft.
Seo sq.ft.
i Flo sq.ft.
_( 20 sq.ft.
0 sq.ft.
0 sq.ft.
O sq.ft.
Total Impervious Coverage: sq.ft.
Percentage of Impervious Coverage on Lot (impervious coverage/lot
area X 100): _2C�� %
Proposed Floor Area and Floor Area Ratio (FAR):
Floor Area. The sum of the gross horizontal area of all floors of a
building as measured in square feet from the exterior walls, but not
including decks; any space where the average floor -to -ceiling height
is less than six feet; attached or detached garages; and other
detached accessory structures (1305.04 Subd. 69).
Total gross floor area: -5 18 sq.ft.
Floor Area Ratio (gross floor area/lot area): • 1 S
❑ New
❑
Addition
Garage
❑
Shed
❑ Remodel
❑
Basement
❑ Home
❑
Swimming Pool
❑ Replacement
❑
Bathroom
❑ Kitchen
❑
Tenant Finish
Accessory Structure
n
Deck
❑ Office
❑
Warehouse
Does Project Require Lead Remediation?I If NO Explain:
F-1 YES
w
List All Special Approvals (i.e. variances, CUP's, etc.) or Details of this Project: Expected Completion Date:
/`1-Zra
Proposed Structure Details: Project Value: (including labor and materials)
Width: Height: Length: Total New Sq.Ft.: $ QO
210 I I q,- 10 't, 2 N � `720 37, O0 0
Dimensions and size of the lot (in square feet)
House:
Garage (Attached):
Garage (s) (Detached):
Decks:
Driveway:
Walkways/Stoops:
Patio (s):
Sheds:
Pools:
Existing
4Z_ sq.ft.
sq.ft.
sq.ft.
sq.ft.
sq.ft.
sq.ft.
sq.ft.
,1(00 sq.ft.
sq.ft.
Proposed
sq.ft.
}-� sq.ft.
sq.ft.
Seo sq.ft.
i Flo sq.ft.
_( 20 sq.ft.
0 sq.ft.
0 sq.ft.
O sq.ft.
Total Impervious Coverage: sq.ft.
Percentage of Impervious Coverage on Lot (impervious coverage/lot
area X 100): _2C�� %
Proposed Floor Area and Floor Area Ratio (FAR):
Floor Area. The sum of the gross horizontal area of all floors of a
building as measured in square feet from the exterior walls, but not
including decks; any space where the average floor -to -ceiling height
is less than six feet; attached or detached garages; and other
detached accessory structures (1305.04 Subd. 69).
Total gross floor area: -5 18 sq.ft.
Floor Area Ratio (gross floor area/lot area): • 1 S
Are any trees being Impacted by this project?
Has a Rice Creek Watershed District permit or waiver been received for this project?
❑ YES
❑ YES
NO
NO
If YES (See Tree Preservation Ordinance Handout)
If YES, please attach. If NO, please go to ht -p:: rce -reeK drQ'PF- ils for more information on RCWD
permits and waivers.
IMPORTANT NOTICE. Applicant must attach 3 site plan, 3 sets
of building plans and an electronic copy of both for all applications
requiring plan review. See handouts for requirements of site plan and
Permit Fee (Based Project Value with
the min. Permit Fee of $400 — F�essball be based
ac 13.153)
$
$
Wilding plans. Min. 24 hour notice required for all inspections, There Is Plan Check Fee
a 14 working day turnaround for all permits requiring plan review.
65% of permit fee (If applicable)
S.BI?arate.I?®f._rryits are_re.[luired .for Signs, electrical, plumbing, heating,
ventilation. ar air conditionlnp_ This permit becomes null and void if work
or construction authorized is not commenced within 160 days, or if
construction or work is suspended or abandoned for a period of 180 days
State Surcharge
.0005 x PROJECI-VALUE
$
at any time after work has commenced. By signing this application, you
hereby certify that you have read and examined this application and know
the same to be true and correct. All provision of laws and ordinances
governing this type of work will be complied with whether specified herein
Residential License Check Fee
state licensed contractors only $5
$
or not_ The granting of a permit does not presume to give authority to
violate or cancel the provisions of any other state or local law regulating SACIWAC (if applicable) (staff determined)
constw01 n or the performance of construction. Applicant takes full
r onsibi ity for all work performed. Applicant is responsible for all plan
/heck fess if pgrmit is c celled or withdrawn.
$
ApplicantSignature pate
TOTAL PERMIT FEE.$
Min. Perml# Fee X40+ surcharge)
E:rsbjk.l<nr11 n 1815 MN LIC 1934
SUSSEL GARAGES
$omen • Additions • Garages • Exteriors
Legal Description
Lot: ` Lj
330?
«
Block:
Addition:
Lot Size;
I
X
House Size:
Li ('-)Z SF
Cross Streets:
.✓ir � Sf-C �y�
And
Scale:
1 Ick = aO Feet
Jab Description:
I
I
I
r I
I
�I
Plot Plan
Job #
Customer:
Gary Gronqulst
654 Transfer Road STE 16B Job Addre55:
1932 County Road E.
Saint Paul, MN 55114
Phone: 651.645.0331 cit /Svzlp:
Arden Hills, MN 55112
Home #
Work #
Cell #
651-334.1625
E -Mail
garygronquist@hotmail.com
30'0" x 24'0" Detached Rev Gable Standard 5112 pitch w! 112" OSB
r i
8
rf I
�I
1� I
el
I
�I
Z
1�1
�I
I
4„I I
I
I
�I
ply
E
I
I
I
I
I
I
I
.. ....... .
Direction
36
t
I
4
Eel
Cil A�+J41"I�
f .4rarr 7rrJ
.. ....... .
Direction
arage Removal
Not Included
Other Items
Concrete Sidewalk,
Asphalt, Sod Removal
-.o'C' ►4
_jP0 e
Misc Items
Not Included
�.I I
— — I
f
f
I
r x45
Z__ _V, 5;_- `
7o
y�ls ►*�
Direction
/ I\
Removal Work Order
Job#
€rUhLishad In 1915 MN uc 193{
Customer:
Gary Gronquist
iS SSEL GARAGES
654 Transfer Road STE 168 Jab Address:
1932 County Road E,
V
V i.1 V Irl
Saint Paul, INN 55114
Phone: 651.645-0331 citylsvZip;
Arden Hills, MN 55112
Homes. Additions. Garages. Exteriors
Home #
Work #
Cell #
651.3341625
E -Mail
garygronquist@hotmail.com
Job Description:
30'0" x 24'0" Detached Rev Gable Standard 5112 Pitch w! 1/2" OSB
arage Removal
Not Included
Other Items
Concrete Sidewalk,
Asphalt, Sod Removal
-.o'C' ►4
_jP0 e
Misc Items
Not Included
�.I I
— — I
f
f
I
r x45
Z__ _V, 5;_- `
7o
y�ls ►*�
Direction
/ I\
Falahllshed m 1915 MN 1AU 1934
SUSEL GARAGES
domes a A4d€tiorts a Garages. Exteriors
Slab
Included - 4000 PSI Air
Entrained 4" Concrete
Slab
Location
2 - Starting Points Only
S.P.L. /4-1 �-
LJ..f 3'
Sq with 4%JZ
ABU
Fill - 6", ABU - 0"
Additional Concrete
90 Sq. Ft. Concrete
Driveway, 30 Sq. Ft.
Concrete Sidewalk
Blocks
6" Blocks
Waterproof & Backfill
Not Included
Job Description
Int
Concrete Foundation Pian
Job ft
Customer:
Gary Gronquist
954 Transfer Road STE 16B ,fob Address:
1932 County Road B.
Saint Paul. MR 55114
Phone: 851.945.0331 citylsyzip:
Arden Hills, MN 55112
Home #
Work #
Cell #
651.334.1625
E -Mail
garygronquist@hotmail.com
30'0" x 24'0" Detached Rev Gable Standard 5112 Pitch w/ 1/2" OSB
231-011
Existing Walk
New 36" Walk
Slab 2" above
31-5 1/2"
m . 0.
16" Black 16" Block =
N
� O
Existing Asphalt
Driveway
r,
O
�} 1 Row of 6"
Block on 4
t Sides
16" Block
2-41-0"
E�leSlrshad In 1015 NIN FSG 1934
�
WL GAR
Homes r Ad ditiaus • Gaxage.s • Exteriors
Floor Plan
Costomer: Gary Gronquist
654 Transfer Road STE 16B Job Address: 1932 County Road E.
Saint Paul, MM 55114
Phone: 651.645.0331 cl# /S lzip: Arden Hills, MN 55112
Home tt Work #
Cell# 651,334-1625
Job #
> -WM garygronquist@hotmail,com
Job Description: 30'0" x 24'0" Detached Rev Gable StanHarri .1,119 of+. -h th,1 11,),, noo
f51' ..- /r`.' -/v " IdFrin
INT PSRIN'
R(
1 STD
z
LD
Lu
J
J
ONE
ASPHALT SHINGLES
15# FELT WITH ICE AND WATER
15/32" OSB ROOF SHEATHING
MANUFACTURED WOOD TRUSSES 24" O.C.
TOE NAILED WITH (3) 16d BOX NAILS4��
#2 & BTR. SPF TOP PLATES
1X4 PINE SOFFIT NAILER IF REQ'D, 1X6 PINE SUBFASCIA
1: LAYER E)F 5j8" 6YPSUM rfa
UNDERSIDE OF THE EAVE WHERE REQUIRED
Hardie Soffit & Fascia
140 Eave Overhang
I I" Rake Overhang
OHI) BRACING MEETS 2015 MINNESOTA BUILDING CODE AND
ASTM TEST STANDARD E330 IN EXPOSURE B CONDITIONS
Vinyl Siding
WEATHER BARRIER
7/16" OSB WALL SHEATHING
5/8" GYP. SHEATHING ON BOTH SIDES OF WALLS CLOSER
THAN 5'T0 INTERIOR PROPERTY LINE
1XG Studs @ 16" O.C.
2X6 TREATED SILL PLATE
1/2" ANCHOR BOLTS G' O.C. WITH WASHERS AND 12" FROM SPLICES AND
ENDS `COREFILLED AT THESE LOCATIONS"
MIN 6" CONCRETE BLOCK
12" NO. 4 REBAR PINS AT ANCHOR BOLT LOCATIONS
MIN. 4440 PSI CONCRETE
12"X12" MIN. CONCRETE PERIMETER FOOTING EXTENDING
DOWN TO UNDISTURBED SOIL, A MIN. 2" BELOW FINISHED
GRADE, AND A MIN. OF 12" IN HEIGHT
WITH (2) NO.4 GRADE 60 REBAR (2.5" CONCRETE
COVERAGE)
POSITIVE GRADE AWAY FROM BUILDING
THESE bETAILS REMAIN THE EXCLUSIVE CONFIDENTIAL PROPERTY OF SUSSEL BUILDERS, AND MAYBE
USED BY OTHER5 ONLY fOR THE PURPOSE SPECIFICALLY AUTHORIZED BY SUSSEL. ANY
UNAUTHORIZED MPYING OR REPRODUCTIONS Of ANY PORTION 15 FORBIDEN.
NOTE: WRITTEN DIMENSIONS ON THESE PLANS SHALL. HAVE PRECEDENCE
r� 1lr aF s{f
OVER ALL SCALED DIMENSIONS, SUSSEL CORPORATION MUST BE
s�'1r*� r��1�,��jI
BUILDERS
NOTIFIED OF ANY VARIATIONS FROM THESE DIMENSIONS AND
�L �.
pm
CONDITIONS OF THE BELOW DRAWING.
111mes r Additions r Garages • EvIeriorS
f51' ..- /r`.' -/v " IdFrin
INT PSRIN'
R(
1 STD
z
LD
Lu
J
J
ONE
ASPHALT SHINGLES
15# FELT WITH ICE AND WATER
15/32" OSB ROOF SHEATHING
MANUFACTURED WOOD TRUSSES 24" O.C.
TOE NAILED WITH (3) 16d BOX NAILS4��
#2 & BTR. SPF TOP PLATES
1X4 PINE SOFFIT NAILER IF REQ'D, 1X6 PINE SUBFASCIA
1: LAYER E)F 5j8" 6YPSUM rfa
UNDERSIDE OF THE EAVE WHERE REQUIRED
Hardie Soffit & Fascia
140 Eave Overhang
I I" Rake Overhang
OHI) BRACING MEETS 2015 MINNESOTA BUILDING CODE AND
ASTM TEST STANDARD E330 IN EXPOSURE B CONDITIONS
Vinyl Siding
WEATHER BARRIER
7/16" OSB WALL SHEATHING
5/8" GYP. SHEATHING ON BOTH SIDES OF WALLS CLOSER
THAN 5'T0 INTERIOR PROPERTY LINE
1XG Studs @ 16" O.C.
2X6 TREATED SILL PLATE
1/2" ANCHOR BOLTS G' O.C. WITH WASHERS AND 12" FROM SPLICES AND
ENDS `COREFILLED AT THESE LOCATIONS"
MIN 6" CONCRETE BLOCK
12" NO. 4 REBAR PINS AT ANCHOR BOLT LOCATIONS
MIN. 4440 PSI CONCRETE
12"X12" MIN. CONCRETE PERIMETER FOOTING EXTENDING
DOWN TO UNDISTURBED SOIL, A MIN. 2" BELOW FINISHED
GRADE, AND A MIN. OF 12" IN HEIGHT
WITH (2) NO.4 GRADE 60 REBAR (2.5" CONCRETE
COVERAGE)
POSITIVE GRADE AWAY FROM BUILDING
THESE bETAILS REMAIN THE EXCLUSIVE CONFIDENTIAL PROPERTY OF SUSSEL BUILDERS, AND MAYBE
USED BY OTHER5 ONLY fOR THE PURPOSE SPECIFICALLY AUTHORIZED BY SUSSEL. ANY
UNAUTHORIZED MPYING OR REPRODUCTIONS Of ANY PORTION 15 FORBIDEN.
Siding Work Order
Job
rA&h11*bAd in 1415 MN Mr, ova
SQ
Customer:
Gary Gronquist
� GARAGES
654 Transfer Road STE 166
Joh Address:
1932 County Road E.
�J'a,SE,11 i�
Saint Pnul, MN 55114
Phone; 661,645,0331
citylsvzip:
Arden Hills, MN 55112
1{dditia�,s. Garages F ExLeriocs
LF
Calor
Trim #3 NIA
LF
Home
Home #
Work #
Color White
Cell #
651-334-1625
E-Mail
garygronquist@hotmaii.com
,lob Description:
30'0" x 24'0" Detached Rev Gable Standard 5112 pitch w1112" OSB
Front 30'0"
5112
i
8.50
grip
Rear 30'0"
Put lightioutlet
opening blocks
where marked with
0
5112
8.50
Lett 24'0"
f
{
*** Please See Back of Page for Additional Drawings
i0
5112
5112
Siding, Trim, Soffit/Fascia, and Gutter
Siding #1 Vinyl . Mastic Carvedwood .44 Mil Double 5" Clapboard wl Weather Barrier
SQ
9.5 Calor Pebblestone
Siding #2 NIA
Color
Trim #1 NIA
LF
Color
Trim 42 NIA
LF
Calor
Trim #3 NIA
LF
Color
Soffit/Fascia Type & Manufacturer Aluminum SoffitlFascia (Vented)
Color White
Front Overhang
12" Eave 32 LF Left Overhang 12" Rake 29 LI=
Rear Overhang
12" Eave 32 LF Right Overhang 12" Bake 29 LF
Gutter NIA
LF
Color Vie-
Additional Notes/Instructions: (Provide necessary details on Corners, Freaase Sward, Door & Window Trim)
Front 30'0"
5112
i
8.50
grip
Rear 30'0"
Put lightioutlet
opening blocks
where marked with
0
5112
8.50
Lett 24'0"
f
{
*** Please See Back of Page for Additional Drawings
i0
5112
5112
Attachment E
-fiITEN HILLS
Approved:
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, OCTOBER 9, 2019
6:30 P.M. - ARDEN HILLS CITY HALL
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Chair Nick Gehrig called to order the regular Planning
Commission meeting at 6:30 p.m.
ROLL CALL N4**
Present were: Chair Nick Gehrig, Commissioners Steven Jones, James Lambeth, Subbaya
Subramnian, Paul Vijums, Jonathan Wicklund, and Clayton Zimmerman.
Absent: None.
Also present were: Community Development Manager/City Planner Mike Mrosla, Planning
Consultant Jane Kansier, and Councilmember Dave McClung.
APPROVAL OF AGENDA — OCTOBER 9, 2019
Chair Gehrig stated the agenda will stand as published.
APPROVAL OF MINUTES is
September 4, 2019 — Planning Commission Regular Meeting
Commissioner Zimmerman moved, seconded by Commissioner Wicklund, to approve the
September 4, 2019, Planning Commission Regular Meeting as presented. The motion
carried unanimously (7-0).
PLANNING CASES
A. Planning Case 19-014; Mounds View High School — Interim Use Permit — Public
Hearing
Planning Consultant Kansier stated Mounds View Public Schools has applied for an Interim
Use Permit (IUP) to allow the existing building on the property at 1901 Lake Valentine Road to
be temporarily used as the weight room/fitness center for Mounds View High School. This
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 2
property is zoned R-1, Single Family Residential and is part of the Mounds View High School
Planned Unit Development.
Planning Consultant Kansier reported the City Council approved a Planned Unit Development
for Mounds View High School in May 2019. The approved PUD allowed for additions to the
existing high school building and allowed multiple lots to be treated as a single development.
Planning Consultant Kansier explained when the original PUD application was submitted, the
Applicant intended to use the existing building at 1901 Lake Valentine Road for cold storage. A
more intensive use of the building may be proposed at a later date. As a result, the City Council
included the following as a condition of approval of the PUD:
Any use of the existing building on the on PID 21302334005 other than cold storage
will require an amendment to the approved PUD. The existing structure shall comply
with City Code Chapter 14 and any other use of the building shall meet all applicable
codes.
Planning Consultant Kansier indicated when construction of the high school improvements
began, the School District realized they did not have an interim location for the weight
room/fitness center. This room is generally used for fitness and weight training as part of the
overall health and wellness curriculum. The school officials looked for a temporary location and
decided to use the existing building at 1901 Lake Valentine Road. The School District worked
with the Fire Marshall and building inspections staff to bring the space into conformance with
building and life safety codes. During that time school and planning staff met to discuss
approval options. As a result, the school district has submitted this application for an IUP. A
temporary certificate of occupancy pending Planning Commission and City Council approval of
the IUP.
Planning Consultant Kansier stated Interim Use Permits are intended to allow uses that may be
appropriate in a zoning district on a temporary basis, provided specific conditions are met. The
IUP process is dictated by Section 1355.04, Subd. 7, of the City Code. The purpose and intent of
an NP was discussed with the Commission.
Planning Consultant Kansier stated at this time, the applicant is applying for an 1UP to allow
the use of the existing building at 1901 Lake Valentine Road for a weight room/fitness center
until October 1, 2020. The weight room is approximately 40' by 80' and is located in the
southwest corner of the existing building. The remaining portion of the building is used for
storage. Fire -rated sheetrock walls have been constructed around the weight room to meet
building and fire code requirements. The room functions as part of Mounds View High School,
so no additional parking spaces are required. No external changes to the building are proposed.
Planning Consultant Kansier reported the applicant has provided a general statement of the
future use of the building once the IUP has expired. This use includes storage of vehicles and
equipment. The School District will review and prioritize upgrades to the building and grounds
as part of their long-term facility planning process.
Planning Consultant Kansier reviewed the surrounding area, the Plan Evaluation and provided
the Findings of Fact for review:
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
3
1. The use is allowed as an interim use in the underlying zoning district and conforms to the
zoning regulations;
This site is a PUD with an underlying zoning of R-1. Schools are permitted as a CUP or
a PUD in the R-1 district. The proposed interim use is an extension of the existing school.
2. Permission of the interim use will not impose additional costs on the public if it is
necessary for the public to take the property in the future;
There are no additional costs to the public. The use will be conducted in an existing
building, and minimal improvements have been made. Further, there are no plans for
public improvements in this area.
3. The use will not adversely impact nearby properties through nuisance, noise, dust, glare,
or unsightliness, and will not otherwise adversely impact the health, safety, and welfare of
the community;
The use of this building for this purpose will not create a nuisance or impact the health,
safety and welfare of the community. The proposed use is less intensive than the previous
use as a bus garage.
4. The use will not adversely impact traffic and parking;
The facility will only be used by students at Mounds View High School during the hours
of approximately 7: 00 AM to 5: 00 PM. No additional parking will be required.
5. The use will not adversely impact implementation of future amendment to the City's
Comprehensive Plan;
This site will be designated for Public & Institutional uses. This use is consistent with
that designation.
6. The date or event that will terminate the use is identified with certainty;
The Applicant has indicated this use will be discontinued upon completion of the weight
room/fitness center in the high school building, or no later than October 1, 2020.
7. The applicant has signed a consent agreement agreeing that the applicant, owner,
operator, tenant, and/or user has no entitlement to an extension of the Interim Use Permit;
Upon approval of the IUP, the applicant will be asked to sign a consent agreement.
8. The user agrees to all conditions that the City Council deems appropriate for permission
of the use including the requirement of appropriate financial surety to cover the cost of
removing the interim use and any interim structures upon expiration of the interim use
permit;
Upon approval of the IUP, the applicant will be asked to sign a consent agreement.
9. There are no delinquent property taxes, special assessments, interest, or City utility fees
due upon the subject parcel;
There are no property taxes or other fees owed.
10. The term of the interim use does not exceed three (3) years;
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
The interim use will be slightly less than one year from the date of approval. After
October 1, 2020, the use of the building is intended for cold storage and vehicle parking.
11. The property has not been a recipient of a previous interim use permit. A property that
has received an interim use permit for an interim use listed in 1320.05, Land Use Chart,
shall not be eligible for another interim use permit of the same use;
No previous interim use permits have been issued on this site.
12. Any special requirements in Section 1320 for a particular interim use are met.
Section 1320 lists no special requirements for this use.
0
Planning Consultant Kansier stated based on the submitted plans and findings of fact, staff
recommends approval of Planning Case 19-014 for an Interim Use Permit at 1901 Lake
Valentine Road be subject to the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to the plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City
Council.
2. The area used for the weight room/fitness facility shall not exceed 3,200 square feet and
shall be confined to the location shown on the building permit and plans on file at the
City.
3. The facility shall be used for school classroom use only and shall not be open to the
general public.
4. Hours of operation for this use are limited to 7:00 AM to 5:00 PM on Monday through
Friday. No after-hours use is permitted.
5. No vehicles of any kind shall be parked or stored within the building while the NP is in
effect.
6. The Interim Use Permit shall be in effect until 5:00 PM on October 1, 2020.
7. No extension of the NP shall be permitted without City Council approval. The Applicant
is not entitled to an extension of this permit.
8. All weight room and classroom equipment must be removed from the facility by 5:00 PM
on Friday, October 2, 2020.
9. Once this NP expires, any use of the existing building at 1901 Lake Valentine Road (PID
21302334005) other than cold storage will require an amendment to the approved PUD.
Any changes made to the building for the storage use will require a building permit.
10. Any violation of the conditions of this Interim Use Permit may result in revocation of the
permit.
Planning Consultant Kansier reviewed the options available to the Planning Commission on
this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the public hearing at 6:44 p.m.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 5
Chair Gehrig invited anyone for or against the application to come forward and make comment.
There being no comment Chair Gehrig closed the public hearing at 6:44 p.m.
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Zimmerman asked if the building had sprinklers or fire proof doors.
Planning Consultant Kansier reported the fire and building codes do not require the building to
have sprinklers.
Community Development Manager/City Planner Mrosla explained the Fire Marshall had
reviewed and approved the proposed plans. He noted additional alarm systems were added to the
building for safety purposes. He commented further on the doors that served the building.
Commissioner Zimmerman stated he was concerned students would be in this building and
wanted to be assured it was safe.
Planning Consultant Kansier commented staff was also concerned about this and noted the
Building Official and Fire Marshall had taken a special look at this building. She indicated fire
rated walls had been installed and all doors opened outward to allow students to exit the building
quickly.
Commissioner Wicklund asked if a Phase I or Phase II environmental assessment was
completed on this building by the school district.
Planning Consultant Kansier deferred this question to the applicant.
Commissioner Wicklund questioned if the City would be responsible for any harmful toxins
that could impact staff or students.
Planning Consultant Kansier reported the City would not be responsible.
Commissioner Wicklund inquired if the school district asked for the 7:00 a.m. to 5:00 p.m. time
period.
Planning Consultant Kansier stated the school asked for an 8:30 a.m. to 4:30 p.m. time frame
and staff extended this timeframe slightly.
Commissioner Vijums believed the school was making a logical choice moving the weight
room to a new space and he supported the requested Interim Use Permit.
Commissioner Jones asked if the building would have to be brought up to code to meet heating
and cooling requirements.
Planning Consultant Kansier stated it was her understanding the applicant would be bringing
the building up to code to meet all applicable building requirements.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 6
Mike Schwartz, Mounds View Public Schools, explained at this time the space was being used
for four classrooms. He noted the space was up to code with respect to building and fire code.
He indicated a plywood and rubber floor would be installed in the building.
Commissioner Lambeth questioned if the space was already being used as a weight room by the
school district.
Mr. Schwartz reported the school district was not aware of the fact it needed to go through this
process. He stated he has since been working with staff, the Lake Johanna Fire Department and
building officials.
Commissioner Lambeth inquired if the building was currently in use and if this impacted the
IUP.
Mr. Schwartz reported the building was being used.
Planning Consultant Kansier stated instances like this happen all the time and staff proceeds as
if the use was not in place. She explained the City was not obligated to take any specific action
regarding this IUP.
Commissioner Lambeth discussed the size of the weight room (3,200 square feet) and asked if
the area being used was being driven by the dimensions of the building.
Community Development Manager/City Planner Mrosla stated this was the case and noted it
was the City's intent to not allow for any expansion of the weight room/fitness space.
Commissioner Subramanian commented on the high level of traffic that occurs in the morning
surrounding the school. He questioned if a traffic study had been completed by the school.
Community Development Manager/City Planner Mrosla explained a traffic study was being
completed by WSB. He noted the traffic study would focus on AM and PM peaks. He reported
the students using the weight room were using the space during non -peak hours.
Mr. Schwartz discussed the timeline for the students using the weight room prior to or after
school. He commented traffic patterns in and out of the school were smoothing out.
Commissioner Subramanian asked what would happen if toxins were found in the building,
given the fact the building was already in use.
Community Development Manager/City Planner Mrosla stated from a life safety perspective
the building already meets building code requirements. He indicated the school district was
proposing the weight room as a temporary or interim use.
Commissioner Wicklund commented on the type of work that would be conducted if a Phase I
or Phase lI Environmental Study was completed on the building.
Chair Gehrig asked if the suggested dates within the permit were identified by staff.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 7
Mr. Schwartz explained the school plans to be out of this building prior to August of 2020.
Commissioner Wicklund questioned what the normal practice was for operations that occur
prior to receiving proper permits from the City.
Planning Consultant Kansier discussed her experience with this type of situation.
Community Development Manager/City Planner Mrosla reiterated the fact that the building
had been inspected by the Fire Marshall and Building Official and the site passed inspection.
Commissioner Jones expressed concern with the fact the building may not be properly
ventilated given the fact the space would be used for an intense athletic use.
Planning Consultant Kansier reported the applicant was required to receive building and fire
code permits. She noted the space has been inspected by the building official and a temporary
certificate of occupancy was approved.
Chair Gehrig thanked staff for answering all of the questions from the Commission.
Commissioner Jones moved and Commissioner Lambeth seconded a motion to recommend
approval of Planning Case 19-014 for an Interim Use Permit at 1901 Lake Valentine Road,
based on the findings of fact and submitted plans, as amended by the ten (10) conditions in
the October 9, 2019, Report to the Planning Commission. The motion carried unanimously
(7-0).
B. Planning Case 19-012; Presbyterian Homes — Site Plan Review — No Public Hearing
Required
Planning Consultant Kansier stated Patrick McChesney of Presbyterian Homes ("The
Applicant") is requesting site plan review for a proposed project on 3200 Lake Johanna Blvd
(`The Subject Property") to install an Emergency Power Supply System (EPSS) on site.
Planning Consultant Kansier explained Johanna Shores is multi -unit senior living community
located on Lake Johanna Blvd and County Road D that has been operating continuously since
1955. The site is comprised of 410 units in a mix of independent senior apartments, assisted
living units, memory care units, hospice units, and McKnight Care Center. The 22 -acre parcel
was approved for a Planned Unit Development (PUD) in 2010 under Resolution 10-067 to allow
for greater flexibility with height and density requirements to accommodate the 410 units on the
site. The Applicant is requesting a site plan review for the installation of a proposed EPSS to be
located on a concrete pad outside the physical plant on the north side of the property.
Planning Consultant Kansier reported the Applicant indicated in their application that the
proposal will replace two existing EPSSs that service the Subject Property with a single diesel -
fueled EPSS. The existing equipment that would be replaced are a diesel -fueled EPSS with an
underground tank and a natural gas -fueled EPSS. The two existing EPSS's are located inside a
room adjacent to the physical plant on the rear on the building as shown on the image below. The
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 8
proposed replacement EPSS would be located outside the physical plant on the north side of the
campus adjacent to Sandeen Road.
Planning Consultant Kansier commented under the state licensure requirements of a nursing
home, a nursing home "shall be kept in a continuous state of good repair and operation with
regard to the health, comfort, safety and wellbeing of the occupants in accordance with an
established routine maintenance and repair program" including an emergency electrical service
that "shall be operated and tested at frequent intervals". (Chapter 4660.7800 Plant Operation and
maintenance for Existing and New). The two existing EPSS systems are reportedly over 50 years
old and are nearing the end of their serviceable lifetime. The replacement EPSS proposed will
have a greater capacity than the combined total for the two existing EPSSs.
Planning Consultant Kansier reviewed the surrounding area, the Plan Evaluation and provided
the Findings of Fact for review:
1. The Applicant is requesting site plan review for a proposed project at Johanna Shores
Senior Living Facilities to install an Emergency Power Supply System (EPSS) on site.
2. The two existing EPSS systems are reportedly over 50 years old and are nearing the end
of their serviceable lifetime. The replacement EPSS proposed will have a greater capacity
than the combined total for the two existing EPSSs.
3. Under state licensure requirements, a nursing home shall be kept in a continuous state of
good repair and operation including an emergency electrical service that shall be operated
and tested at frequent intervals.
4. The Applicant indicated to staff that emergency testing of the EPSS would be confined to
no more than one hour a month during day time hours.
5. The Subject Property is located within a PUD guided by the R-4 Zoning District and the
location of the proposed EPSS is 60 feet from the nearest property line to the north and
approximately 12 feet from the nearest structure, which meets all setback requirements
for the Subject Property.
6. The concrete pad will be located further to the east in a zone designated with minimal risk
of flooding.
7. Mechanical equipment will be screened with a chain link fence with beige fence weave
privacy slats, installed on all 4 sides of the concrete pad to a height of 11 1/2 feet above
grade to conceal the EPSS, which is 139" high.
8. To help attenuate noise an air intake silencer will be installed on the equipment by the
manufacturer to reduce any noise with sound absorbing insulation.
Staff noted the Planning Commission must make a finding as to whether or not the proposed
application would adversely affect the surrounding neighborhood or the community as a whole
based on the aforementioned factors.
Planning Consultant Kansier stated staff recommends approval of the Site Plan Review with
the following conditions:
1. 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.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 9
2. All proposed fencing shall be black vinyl -coated chain link.
3. The structure shall conform to all other regulations in the City Code.
4. The Applicant shall work with the City staff to mitigate any noise concerns if complaints
are received.
5. Monthly equipment testing shall occur weekdays between the hours of 8:00 a.m. and 5:00
p.m.
Planning Consultant Kansier reviewed the options available to the Planning Commission on
this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Subramanian indicated noise was a concern within this request. He asked how
much noise would be generated by the equipment being installed.
Community Development Manager/City Planner Mrosla stated the noise from the new
equipment would be less impactful than the existing equipment on site. It was staffs
understanding the noise would be reduced from 92 decibels to 60 decibels at 60 feet from the
property line.
Commissioner Subramanian questioned what would happen to the old generator.
Pat Jesney, Presbyterian Homes representative, reported the existing generator would be
dismantled and removed from the space, along with the old storage tank. He reported the space
would be utilized for storage.
Commissioner Lambeth inquired if black slats were required in the chain link fence.
Community Development Manager/City Planner Mrosla stated staff was making this
recommendation to ensure the new fence matched the existing fence on the site.
Commissioner Lambeth questioned if the chain link fence with slats would improve the noise
situation.
Community Development Manager/City Planner Mrosla anticipated this was the case. He
suggested Condition 6 read: The applicant shall be required to install black slats in the chain link
fence or similar material to assist with noise reduction.
Commissioner Jones discussed the new generator and was pleased there would be a noise
reduction.
Commissioner Zimmerman agreed.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 10
Commissioner Vijums asked if any landscaping was being proposed around the new generator
site.
Community Development Manager/City Planner Mrosla commented no additional
landscaping was being proposed.
Chair Gehrig was pleased the noise from the generator would be reduced and he recommended
the color of the slats be determined by the applicant and that the City not get involved in this
matter.
Commissioner Lambeth moved and Commissioner Wicklund seconded a motion to
recommend approval of Planning Case 19-012 for a Site Plan Review of 3200 Lake
Johanna Blvd, based on the findings of fact and the submitted plans, as amended by the
five (5) conditions in the October 9, 2019 Report to the Planning Commission. The motion
carried unanimously (7-0).
C. Planning Case 19-011; 1314 Cannon Avenue — Variance — No Public Hearing
Required
Community Development Manager/City Planner Mrosla stated Northrup Builders (the
"Applicants") have requested a variance in order to construct a four -season porch addition to the
existing legal nonconforming single-family detached property at 1314 Cannon Avenue (the
"Subject Property").
Community Development Manager/City Planner Mrosla reported City staff received a
building permit application for a request to build a four -season porch and deck addition at the
Subject Property. Upon review by Planning Staff it was determined that the request would
require a variance due to existing non -conforming side yard setbacks. The existing principal
structure was built in 1963 and predates the current R-1 zoning code requirements. This is the
first proposed addition and this is the first request for a variance at the Subject Property.
Community Development Manager/City Planner Mrosla explained the applicants have
requested a variance to construct a four -season poach on an existing nonconforming property.
The existing principal structure on the subject property is setback nine (9) feet from the eastern
property line and has combined total setback of 19 feet. However, the R-1 zoning district
requires a minimum side yard setback of 10 feet and a minimum total combined of 25 feet for
residential properties. The proposed addition will be constructed to maintain the same setbacks as
the existing house or nine (9) feet from the eastern property line. The proposed addition will meet
all other setback and lot coverage requirements.
Community Development Manager/City Planner Mrosla reviewed the surrounding area, the
Plan Evaluation and the Variance Evaluation Criteria.
Community Development Manager/City Planner Mrosla provided the Findings of Fact for
review:
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
11
General Findings:
1. The property at 1314 Cannon Avenue is located in the R-1 Single Family Residential
Zoning District.
2. The existing single-family residential dwelling was built prior to the existing zoning code
and is a nonconforming structure because it encroaches into the required side yard
setbacks on either side of the property.
3. The property owners have requested a variance in order to construct an addition that
would remain flush with the side of the dwelling and would maintain the same setback as
the existing structure
4. The proposed addition would meet all other minimum setback requirements for the R-1
District.
5. The proposed addition meets the minimum lot coverage requirements, maximum building
height requirement, and floor area ratio requirement for the R-1 District, as indicated by
the plans submitted by the Applicant.
6. The proposed development would not encroach on any flood plains, wetlands, or
easements.
7. The proposed development is not expected to impact any significant trees on the property.
Community Development Manager/City Planner Mrosla stated staff recommends approval of
the Variance with the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval.
2. Any significant changes to these plans, as determined by the City Planner, shall require
review and approval by the Planning Commission and City Council.
3. A Building Permit shall be required prior to commencement of construction.
4. The structure shall conform to all other regulations in the City Code.
5. The proposed structure finish shall complement the existing structure onsite.
Community Development Manager/City Planner Mrosla reviewed the options available to
the Planning Commission on this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Jones stated this would be a nice addition to the home and asked if the applicant
had spoken to his neighbors.
Chris Gross, North River Remodeling, stated his client has a letter from the next door neighbor
noting the neighbor approved of the project.
Commissioner Jones requested a copy of this letter be provided to staff.
Chair Gehrig questioned what the finished exterior would be for the new addition.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 12
Mr. Gross commented the exterior finish would match the existing siding and roofing. He noted
the home had 8 -inch lap siding.
Chair Gehrig moved and Commissioner Zimmerman seconded a motion to recommend
approval of Planning Case 19-011 for a Variance at 1314 Cannon Avenue, based on the
findings of fact and the submitted plans, as amended by the five (5) conditions in the
October 9, 2019 Report to the Planning Commission. The motion carried unanimously (7-
D. Planning Case 19-013; 1932 County Road E W - Variance — No Public Hearing
Required
Community Development Manager/City Planner Mrosla stated Gary and Julie Gronquist
("The Applicants") have requested a variance in order to construct a detached garage adjacent to
their existing driveway located on New Brighton Road. The subject property is located at 1932
County Road E W ("Subject Property").
Community Development Manager/City Planner Mrosla explained the Subject Property is a
single-family detached dwelling with an attached garage and driveway facing County Road E W.
In August 2000 a second driveway was constructed on New Brighton Road along with an
associated accessory structure (shed). At the time, there were no restrictions on driveways in the
R-2 District. However, on November 31, 2000, the City Council approved amended language to
the City Zoning Ordinance in regards to the definition of a driveway on single family residential
properties. Because the driveway on the Subject Property was built and approved prior to the
change in language, the property has been legally non -conforming.
Community Development Manager/City Planner Mrosla commented the Applicants are
requesting a variance to build a detached garage on the Subject Property facing New Brighton
Avenue. The proposed detached garage would replace the existing accessory structure (shed)
onsite. The Subject Property is located on a corner lot located within the R-2 district, each yard
facing a public street is considered to be a front yard with a front yard setback of 40 feet. The
Applicant's proposed detached garage would be setback 23 or encroach 17 feet into the front
yard setback.
Community Development Manager/City Planner Mrosla reported the area that is 40 feet from
the curb facing New Brighton Avenue on the Subject Property is underneath a power line. A
variance would allow the residents to build the garage closer to the curb, which would avoid
relocating the power line and would preserve an existing large tree onsite. Staff reviewed the R-2
district and found numerous other accessory structures located within the 40 -foot setback,
including the adjacent property to the south of the subject property.
Community Development Manager/City Planner Mrosla reviewed the surrounding area, the
Plan Evaluation and provided the Findings of Fact for review:
General Findings:
1. The property at 1932 County Road E is located in the R-2 Single Family Residential
Zoning District.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
13
2. The existing driveway on the property facing New Brighton Avenue is legally
nonconforming because it was built prior to the ordinance amendment pertaining to
driveways.
3. The property owners have requested a variance in order to construct a garage on the
driveway that would encroach on the front yard setback facing New Brighton Avenue.
4. The proposed garage would meet all other minimum setback requirements for the R-2
District.
5. The proposed garage would meet the minimum lot coverage requirements, maximum
building height requirement for the R-2 District, as indicated by the plans submitted by
the Applicant.
6. The proposed development would not encroach on any flood plains, wetlands, or
easements.
7. The proposed development is not expected to impact any significant trees on the property.
Variance Findings:
S. The variance request would comply with the purpose and intent of the R-2 Zoning
District and with the policies within the City's Comprehensive Plan.
9. The proposed addition is a reasonable use of the property.
10. The Subject Property is located is a corner lot at the intersection of County Road E W and
New Brighton Road. Corner lots with yards facing a public street is considered to be a
front yard and any structures shall be setback of 40 feet from the property line. On non -
corner lots the rear and side yard setback for accessory structures is 10 feet. However,
many other properties zoned R-2 encroach upon the 40 -foot setback. The Applicant is
requesting to encroach 17 feet, where other properties encroach 30 or more feet into the
front yard setback.
11. The proposed addition will not alter the character of the neighborhood and is consistent
with the other dwellings in the neighborhood. The Applicants indicated to staff that their
neighbors on surrounding properties have voiced their support and do not believe that
granting a variance would negatively impact them. In addition, the Applicant work with
the neighbor to the south on locating their propose structure so it would be screen by the
existing garage on the adjacent property
12. The proposed variance is not based on economic consideration.
13. A solar energy system is not proposed. However, the proposed addition would not impact
the ability to construct a solar energy system onsite or on an adjoining property.
Community Development Manager/City Planner Mrosla stated staff recommends approval of
the Variance with the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to these plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City
Council.
2. A Building Permit shall be issued prior to commencement of construction.
3. The structure shall conform to all other regulations in the City Code.
4. The proposed accessory structure finish shall complement the existing structure onsite
Community Development Manager/City Planner Mrosla reviewed the options available to
the Planning Commission on this matter:
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 14
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Subramanian asked if the tree will be removed or preserved.
Community Development Manager/City Planner Mrosla explained the tree will be preserved.
Commissioner Lambeth questioned when this home was built.
Julie Gronquist, 1932 County Road E W, reported the home was built in 1969.
Commissioner Lambeth stated he did not believe the detached garage would propose any type
of inconvenience or threat to the property or surrounding properties.
Commissioner Jones asked if the proposed detached garage would square up with the neighbors
detached garage.
Ms. Gronquist indicated she was trying to fit her garage behind the neighbor's garage so that it
would not be visible from her neighbor's home.
Commissioner Jones explained he fully supported the proposed request.
Commissioner Vijums inquired if the applicant was requesting to encroach 13 feet or 17 feet
into the setback.
Community Development Manager/City Planner Mrosla stated the applicant was proposing
to encroach 13 feet into the setback.
Commissioner Vijums asked how many vehicles a property could have in their driveway.
Community Development Manager/City Planner Mrosla explained the maximum number of
cars that could be parked in a driveway was four.
Commissioner Vijums questioned if the Gronquist's could now have eight cars parked on their
property given the fact they would have two driveways.
Ms. Gronquist commented there was no parking allowed on New Brighton Road or County
Road E and for this reason all of her guests were required to park in her driveway.
Commissioner Vijums stated he could more than four vehicles being allowed on a temporary
basis, but indicated he would like to see a condition for approval added that stated no more than
four vehicles could be parked between the driveways, except on a temporary basis.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 15
Planning Consultant Kansier stated the homeowners only have 23 feet from the property line
which would only allow for two cars to be parked in this area. She anticipated that if a lot of
vehicles were being parked on this property, the City would receive complaints.
Commissioner Vijums indicated he did not want to see complaint calls generated and suggested
a condition be added for approval.
Community Development Manager/City Planner Mrosla reported a condition could be added
to address this concern stating no more than two vehicles shall be parked in the driveway
adjacent to New Brighton Road.
Commissioner Wicklund asked how the City enforced the no more than four vehicles in a
driveway requirement.
Community Development Manager/City Planner Mrosla stated when the City receives a
complaint the Sheriff is notified and the City inspects the property. He commented typically a
notice is sent to the property owner and they are given seven days to bring the property into
compliance with City Code.
Chair Gehrig indicated the driveway was done before the code was passed, but the garage was
not in place. He explained he was struggling with the fact the Commission was being asked to
approve a brand-new garage given the fact a 20 -year-old driveway was in place.
Ms. Gronquist stated the driveway was installed with the understanding a garage would one day
be built. She explained she has been saving to build the garage for years. She reported within
City Code she was allowed to build a garage but noted the proposed location led to the variance
request.
Chair Gehrig thanked Ms. Gronquist for the clarification and consideration with respect to the
placement of the garage. She noted she had letters from all three of her neighbors offering
support to her variance request.
Commissioner Subramanian questioned if the existing driveway could be eliminated.
Ms. Gronquist explained the existing driveway was needed to access the garage attached to her
home.
Commissioner Zimmerman inquired if a fifth condition should be added for approval.
Community Development Manager/City Planner Mrosla reported Condition 5 could read: No
more than two (2) vehicles shall be permanently parked on the driveway adjacent to New
Brighton Road.
Commissioner Wicklund questioned if a condition was required to ensure the current shed was
removed.
Community Development Manager/City Planner Mrosla reported staff would be following
upon this matter through the building permit approval process.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 16
Commissioner Vijums stated he did not want to see an eyesore of numerous cars parked on the
new driveway and he appreciated the fact Condition 5 was being recommended for approval.
Community Development Manager/City Planner Mrosla explained that the requested
variance would stay with the property and if new owners were to move into the home, only two
vehicles could be parked in the driveway off of New Brighton Road.
Chair Gehrig stated he was struggling with the fact the Planning Commission was proposing to
make an exception to City Ordinance for this one property by restricting the number of cars that
could be parked on the driveways. He believed that this issue should be addressed by the City
Council and not the Planning Commission.
Commissioner Wicklund moved and Commissioner Jones seconded a motion to
recommend approval of Planning Case 19-013 for a Variance at 1932 County Road E West,
based on the findings of fact and the submitted plans, as amended by the four (4)
conditions in the October 9, 2019 Report to the Planning Commission, recommending the
City Council address the number of vehicles that can be parked on properties that have
two driveways. The motion carried unanimously (7-0).
UNFINISHED AND NEW BUSINESS
None.
REPORTS
A. Report from the City Council
Councilmember McClung updated the Planning Commission on City Council activities. He
explained the Council approved a public notification process for planning and land use
applications. He stated the Council approved the sign code amendment that addressed dynamic
display signs.
B. Planning Commission Comments and Requests
Chair Gehrig reported the Planning Commission was still seeking an alternate member. Those
interested in serving were encouraged to contact City Hall for further details.
C. Staff Comments
Community Development Manager/City Planner Mrosla updated the Commission on the
redevelopment of the old fire station.
ADJOURN
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 17
Commissioner Zimmerman moved, seconded by Commissioner Viiums, to adiourn the
October 9, 2019, Planning Commission Meeting at 9:13 p.m. The motion carried
unanimously (7-0).
CONSENT ITEM — 6I
lt
iIZEN�HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Joe Hartmann, Associate Planner
Mike Mrosla, Community Development Manager/City Planner
SUBJECT: Planning Case #19-012
Applicant: Patrick McChesney of Presbyterian Homes
Property Location: 3200 Lake Johanna Boulevard
Request: Variance
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider the Following
Motion to approve Planning Case 19-012 for a Site Plan Review at 3200 Lake Johanna Boulevard,
based on the findings of fact and the submitted plans in the October 28th, 2019 Report to the City
Council.
Background
Presbyterian Homes has submitted an application for a site plan review at 3200 Lake Johanna
Boulevard ("Johanna Shores"). The subject property is located within a PUD guided by zoning
district R-4, Multi -Family Residential District and is guided as Institutional Use on the Land Use
Plan. The Applicant is proposing to construct an emergency power supply system (EPSS) on site.
The proposed EPSS would be located on a concrete pad on the north side of the property within
an enclosure.
Under the state licensure requirements, a nursing home "shall be kept in a continuous state of good
repair and operation with regard to the health, comfort, safety and well-being of the occupants in
accordance with an established routine maintenance and repair program" including an emergency
electrical service. (Chapter 4660.7800 Plant Operation and maintenance for Existing and New).
The proposed EPSS will replace two existing systems that are nearing the end of their serviceable
life.
City of Arden Hills
City Council Meeting for October 28, 2019
Page 1 of 4
The facility is also under state licensing requirements to test the EPSS monthly to ensure that the
equipment is working properly. The Applicant indicated to staff that emergency testing of the
EPSS would be confined to day time hours. To help attenuate noise an air intake silencer will be
installed on the equipment by the manufacturer to reduce any noise with sound absorbing
insulation.
The site plan indicates that mechanical equipment will be screened with a chain link fence with
fence weave privacy slats will be installed on all 4 sides of the concrete pad to conceal the EPSS,
which is 11.5 feet tall from grade. As a condition of approval, the proposed fence shall be black
vinyl -coated chain link. The intent of requiring the fence color to be black is to match the existing
fencing onsite. In addition, the site is screened by landscaping that reduces visibility from Sanden
Road.
Plan Evaluation
A full evaluation of the proposal was presented to the Planning Commission on October 9, 2019.
The staff report to the Planning Commission on this case is provided in Attachment D. Draft
minutes from the October 9, 2019 meeting are included in Attachment E.
Additional Review
Residential Building Inspector
The Residential Building Inspector has reviewed the plans and has no additional comments at this
time. A Building Permit will be required prior to any construction taking place.
Public Works Director/City Engineer
The Public Works Director/City Engineer has reviewed the plans and has no additional comments
at this time.
Findings of Fact
1. The Applicant is requesting site plan review for a proposed project at Johanna Shores
Senior Living Facilities to install an Emergency Power Supply System (EPSS) on site.
2. The two existing EPSS systems are reportedly over 50 years old and are nearing the end of
their serviceable lifetime. The replacement EPSS proposed will have a greater capacity
than the combined total for the two existing EPSSs.
3. Under state licensure requirements, a nursing home shall be kept in a continuous state of
good repair and operation including an emergency electrical service that shall be operated
and tested at frequent intervals.
4. The Applicant indicated to staff that emergency testing of the EPSS would be confined to
no more than one hour a month during day time hours.
5. The Subject Property is located within a PUD guided by the R-4 Zoning District and the
location of the proposed EPSS is 60 feet from the nearest property line to the north and
City of Arden Hills
City Council Meeting for October 28, 2019
Page 2 of 4
approximately 12 feet from the nearest structure, which meets all setback requirements for
the Subject Property.
6. The concrete pad will be located further to the east in a zone designated with minimal risk
of flooding.
7. Mechanical equipment will be screened with a chain link fence with beige fence weave
privacy slats will be installed on all 4 sides of the concrete pad to a height of 11 1/2 feet
above grade to conceal the EPSS, which is 139" high.
To help attenuate noise an air intake silencer will be installed on the equipment by the manufacturer
to reduce any noise with sound absorbing insulation.
Recommendation
The Planning Commission recommended approval by a 7-0 vote of Planning Case 19-012 for a
site plan review at 3200 Lake Johanna Boulevard, based on the findings of fact and the submitted
plans in the October 9, 2019 Report to the Planning Commission, as amended by the following
conditions:
1. The project shall be completed in accordance with the plans submitted as amended by
the conditions of approval. Any significant changes to these plans, as determined by
the City Planner, shall require review and approval by the Planning Commission and
City Council.
2. All proposed fencing shall be black vinyl -coated chain link.
3. The structure shall conform to all other regulations in the City Code.
4. The Applicant shall work with the City staff to mitigate any noise concerns if
complaints are received.
5. Monthly equipment testing shall occur weekdays between the hours of 8:00 a.m. and
5:00 p.m.
Pnhlic Notice
Although a variance does not require a public hearing, a public meeting notice was prepared by
the City and mailed to properties within 500 feet of the subject property.
Public Comments
Staff did receive one (1) phone call regarding this request. The resident was pleased to hear that
the proposed equipment is less impact full.
Deadline for Agency Actions
The City of Arden Hills received the completed application for this request on September 6, 2019.
Pursuant to Minnesota State Statute, the City must act on this request by November 4, 2019 (60
days), unless the City provides the petitioner with written reasons for an additional 60 -day review
period. With consent of the applicant, the City may extend the review period beyond the initial
120 days.
City of Arden Hills
City Council Meeting for October 28, 2019
Page 3 of 4
Budget Impact:
NA
Attachments
A. Land Use Application
B. Location Map
C. Setback Exhibit
D. Planning Commission Report, October 9, 2019
E. Draft Planning Commission Minutes, October 9, 2019
City of Arden Hills
City Council Meeting for October 28, 2019
Page 4 of 4
Attachment A
Office Use Only
,!T— For ,ARQEN HILLS Planning Case No. 19 -
Submittal Date
1245 West Highway 96 Application Completed Date
Arden Hills, Minnesota 55112 Accepted by
Telephone (651) 792-7800 Receipt Number
Fax (651) 634-5137 Council Decision
www.cityofardenhills.org I Council Decision Date
2019 LAND USE APPLICATION
ation
cant: TG. S 11-1 C
L= A a» rc r 1 '} g mo"' c it T
Address: a F� q - 1J1 14 tit K" Yfl, 12a -V l /
Telephone No.: �� (12-31
j 3 —613j Other:
Fax No.: 65 L CJ " 1 6/13
Email Address: fJ yYtC[
Property Information
Pro erty Owner: M `'
Owner Address: � A-`"7
Owner T
Address of Pro
e No. (25 / I
:rtY Involved: 3
al Descriotion:
1 –J
,J a�,Q:5kiie5
> 6 6�0 Other: 651 G 3
aj II
PA
Type of Request
❑ Comprehensive Plan Amendment (Fee: $500 +
Escrow: $1,000)
❑ Conditional Use or Interim Use Permit/CUP or IUP
Amendment (Fee: $350 + Escrow: $1,000)
❑ Preliminary Plat (Fee: $500 + Escrow: $1,000)
❑ Final Plat (Fee: $500 + Escrow: $1,000)
❑ Concept Plan Review (Fee: $150 + Escrow:
$1,000)
❑ Master Planned Unit Development or Master Special
Development Plan (Fee: $350 + Escrow: $1,000)
❑ Final Planned Unit Development or Final Special
Development Plan (Fee: $350 + Escrow: $1,000)
❑ Planned Unit Development Amendment or Special
Development Plan Amendment (Fee: $350 + Escrow:
$1,000)
Site Plan Review (Fee: $350 + Escrow: $1,000)
❑ Rezoning or TCAAP Regulating Plan Amendment
(Fee: $350 + Escrow: $1,000)
❑ Zoning Code or TCAAP Redevelopment Code
Amendment (Fee: $350 + Escrow: $1,000)
❑ City Code Amendment (Fee: $350 + Escrow:
$1,000)
❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts
Only) (Fee: $350 + Escrow: $1,000)
❑ Variance or Permitted Adjustment (Fee: $350 +
Escrow: $1,000)
❑ Vacation of Easement or Right -of -Way (Fee: $150 +
Escrow: $1,000)
❑ Appeal of Administrative Decision (Fee: $150 +
Escrow: $1,000)
❑ Land Use Requests - Not Already Specified (Fee:
$150 + Escrow: $1,000
Page 1 of 3
Meeting Schedule
Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at
6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held
typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City
of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules
below are for reference purposes only. Project will not be scheduled for any meeting until the application
submittal is found to be complete by the City Planner.
2019 Planning Commission and City Council Schedule (*subject to change)
TENTATIVE
PLANNING
COMMISSION
MEETING DATE*
(Generally held on the
first Wednesday after the first
Monday at 6:30 .m.
TENTATIVE
CITY COUNCIL
MEETING
DATE*
(Generally held on the
fourth Monday at 7:00 p.m.)
January 9
January 28
February 6
February 25
March 6
March 25
April 3
Aril 22
May 8
May 28
June 5
June 24
July 10
July 22
August 7
August 26
September 4
September 23
October 9
October 28
November 6
November 25
December 4
January 14 2020
Januar 8 (2020)
January 27 2020
Acknowledgement and Signature
I hereby apply for the above consideration and declare that the information and materials submitted with this
appli n are complete and accurate per city code and ordinance requirements. I fully understand that I am
resilonsi'lle for all costs incurred by the City related to the processing of this application.
Property Owner Signature (
91IL961cl-
Datt
Applicant Signature (If different than the property owner) Date
Please contact the City Planner at 651-792-7800
if you have any questions regarding this application.
Additional copies of this application form are available on the City's website: www.cityofardenhills.orgRanduseauolications
Page 3 of 3
Date:/a-ol C
Site Address:
It
EN HILLS
Escrow Account Set Up Form
M
U
Deposit made by:
Amount: $ too o . C) D
Address to send statements: t7L4o , hre- A vQ �J 12a5evt 1� 14D
Contact Person:
Telephone No.: psi 6 31 6131 Email Address: t`t° �001e5 vE q
Purpose of Escrow Account: J
Arden Hills Finance Department policy requires that escrow deposits be held for six months once
a permit has been closed in order to ensure all costs associated with the project have been
covered. Please note: Land Use Applications may be required to maintain a minimum balance as
established by the City, and will require replenishment when balances fall below the minimum
b e. I acknowledge that I have read this policy and fully understand that any remaining
e cro balance will be released after a six-month waiting period.
Applicant Signature D e
Office Use Only
Staff Name:
Type of Escrow:
❑ Landscaping
❑ Grading & Erosion (PW#
❑ Site Improvements (PW#
❑ Security Deposit — Do Not Charge
Additional Notes:
Department:
❑ Land Use Application (PC# )
❑ Temporary Certificate of Occupancy
❑ Other:
City of Arden Hills ♦ 1245 West Highway 96 ♦ Arden Hills, MN ♦ 55112-5743
Phone 651-792-7800 4 Fax 651.634.5137 ♦ www.cityofardenhills.org
Attachment B
Location Map
. a
-4IFSandeen. Road �*
a
-0
Y u _
i
say -
L
r
e
I
r'N County Road -D West
d Park and Open Space Subject Parcel
Disclaimer: This map is intended for reference purposes only and is
not a legally recorded map or survey. The City of Arden Hills shall
not be liable for any damages or claims that arise due to accuracy,
availability, use or misuse of the information herein pursuant to MN
Statute 466.03 Subd 21.
. y
U
f
i
r
Attachment D
lt
�-`iIZEN(HILLS
MEMORANDUM
DATE: October 9, 2019 PC Agenda. Item 3.B
TO: Planning Commission Chair and Commissioners
FROM: Joe Hartmann, Associate Planner
SUBJECT: Planning Case #19-012 — No Public Hearing Required
Applicant: Patrick McChesney, Presbyterian Homes
Property Location: 3200 Lake Johanna Blvd
Request: Site Plan Review
Requested Action
Patrick McChesney of Presbyterian Homes ("The Applicant") is requesting site plan review for a
proposed project on 3200 Lake Johanna Blvd Johanna Shores (`The Subject Property") to install
an Emergency Power Supply System (EPSS) on site.
Background
1. Overview of Request
Johanna Shores is multi -unit senior living community located on Lake Johanna Blvd and County
Road D that has been operating continuously since 1955. The site is comprised of 410 units in a
mix of independent senior apartments, assisted living units, memory care units, hospice units, and
McKnight Care Center. The 22 -acre parcel was approved for a Planned Unit Development (PUD)
in 2010 under Resolution 10-067 to allow for greater flexibility with height and density
requirements to accommodate the 410 units on the site. The Applicant is requesting a site plan
review for the installation of a proposed EPSS to be located on a concrete pad outside the physical
plant on the north side of the property.
The Applicant indicated in their application that the proposal will replace two existing EPSSs that
service the Subject Property with a single diesel -fueled EPSS. The existing equipment that would
be replaced are a diesel -fueled EPSS with an underground tank and a natural gas -fueled EPSS.
The two existing EPSS's are located inside a room adjacent to the physical plant on the rear on the
building as shown on the image below. The proposed replacement EPSS would be located outside
the physical plant on the north side of the campus adjacent to Sandeen Road.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P:\Planning\Planning Cases\2019\19-012 - Presbyterian Homes - SP, VA\Memos Reports
Page 1 of 6
Under the state licensure requirements of a nursing home, a nursing home "shall be kept in a
continuous state of good repair and operation with regard to the health, comfort, safety and well-
being of the occupants in accordance with an established routine maintenance and repair program"
including an emergency electrical service that "shall be operated and tested at frequent intervals".
(Chapter 4660.7800 Plant Operation and maintenance for Existing and New). The two existing
EPSS systems are reportedly over 50 years old and are nearing the end of their serviceable lifetime.
The replacement EPSS proposed will have a greater capacity than the combined total for the two
existing EPSSs.
Plan Evaluation
Chapter 13, Zoning Regulations Review
1. District Provisions (R-4 Multiple Dwelling District) — Section 1320
Under the draft 2040 Comprehensive Plan which was approved by the City Council and awaiting
approval from the Metropolitan Council, the Johanna Shores facility is located within an area
guided towards the Public and Institutional Zoning District use. A senior multi -unit residential
facility is a permitted used within this designation. The facility was approved under a PUD in 2010
with the R-4 Multiple Dwelling District guiding the designation.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P:\Planning\Planning Cases\2019\19-012 - Presbyterian Homes - SP, VA\Memos Reports
Page 2 of 6
A. Site Plan
An engineered concrete pad 9' by 19' by 12" will be poured in the location indicated on the plan.
4 concrete bollards will be installed on the north side of the pad to protect the EPSS. The concrete
pad will be located 60 feet from the nearest property line to the north and approximately 194 feet
from the nearest residential structure. The western edge of the property that is on Lake Johanna
lies within an area FEMA designates has a high degree of flooding. The concrete pad is located
further to the east in a zone designated with minimal risk of flooding.
Distance to nearest residential units
B. Screening and Fencing — Section 1325.05, Subd. 4
According to City Code, mechanical equipment requires screening to be "constructed and located
so as to completely screen from view of adjacent streets and differing land uses." The proposed
EPSS will be located near the north of the site, adjacent to Sandeen Road. The site plan indicates
that mechanical equipment will be screened with a chain link fence with beige fence weave privacy
slats will be installed on all 4 sides of the concrete pad to a height of 11 1/2 feet above grade to
conceal the EPSS, which is 11.5 feet tall from grade. Zoning code section 1325.05 Subd. 4, D, 7,
states that in exceptional and unusual circumstances in residential districts a deviation from the
maximum permitted residential fence height of six (6) feet may be permitted via site plan review
and Planning Commission and City Council Approval. This situation is unique as the proposed
EPSS is 11.5 feet tall and requires a tall fence for appropriate screening. The Applicant is proposing
to construct a 10 to 12 -foot -tall fence. As a condition of approval, the proposed fence shall be
black vinyl -coated chain link. The intent of requiring the fence color to be black is to match the
existing fencing onsite. In addition, the site is screen by landscaping.
C. Noise
Screens and fencing help minimize adverse impacts of public nuisances, such as noise from
monthly emergency tests on the EPSS. State licensing requires the facility to test the EPSS monthly
to ensure that the equipment is working properly. The Applicant indicated to staff that emergency
testing of the EPSS would be confined to day time hours. To help attenuate noise an air intake
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P:\Planning\Planning Cases\2019\19-012 - Presbyterian Homes - SP, VA\Memos Reports
Page 3 of 6
silencer will be installed on the equipment by the manufacturer to reduce any noise with sound
absorbing insulation.
The Applicants stated in a letter from the manufacturer that the acoustical goal for the EPSS when
the air intake silencer is in operation shall be 60-dBA at a 60.00 -foot distance from the concrete
pad, which is roughly to the property line on the north side of the site. Minnesota's noise pollution
rules (Minn. R. 7030.0040) are based on statistical calculations that quantify noise levels over a
one-hour monitoring period. There are statutory limits for a residential location, which limits noise
to 60 dBA during the daytime (7:00 a.m. — 10:00 p.m). This means that during a one-hour period
of monitoring, daytime noise levels cannot exceed 65 dBA for more than 10 percent of the time or
60 dBA more than 50 percent of the time. Based on the reference materials provided by The
Applicant, staff do not anticipate noise pollution issues with this proposal. As a condition of
approval, the Applicant shall work with the City staff to mitigate any noise concerns if complaints
are received.
Additional Review
Residential Building Inspector
The Residential Building Inspector has reviewed the plans and has no additional comments at this
time. A Building Permit will be required prior to any construction taking place.
Public Works Director/City Engineer
The Public Works Director/City Engineer has reviewed the plans and has no additional comments
at this time.
Findings of Fact
1. The Applicant is requesting site plan review for a proposed project at Johanna Shores
Senior Living Facilities to install an Emergency Power Supply System (EPSS) on site.
2. The two existing EPSS systems are reportedly over 50 years old and are nearing the end of
their serviceable lifetime. The replacement EPSS proposed will have a greater capacity
than the combined total for the two existing EPSSs.
3. Under state licensure requirements, a nursing home shall be kept in a continuous state of
good repair and operation including an emergency electrical service that shall be operated
and tested at frequent intervals.
4. The Applicant indicated to staff that emergency testing of the EPSS would be confined to
no more than one hour a month during day time hours.
5. The Subject Property is located within a PUD guided by the R-4 Zoning District and the
location of the proposed EPSS is 60 feet from the nearest property line to the north and
approximately 12 feet from the nearest structure, which meets all setback requirements for
the Subject Property.
6. The concrete pad will be located further to the east in a zone designated with minimal risk
of flooding.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P:\Planning\Planning Cases\2019\19-012 - Presbyterian Homes - SP, VA\Memos Reports
Page 4 of 6
7. Mechanical equipment will be screened with a chain link fence with beige fence weave
privacy slats will be installed on all 4 sides of the concrete pad to a height of 11 t/2 feet
above grade to conceal the EPSS, which is 139" high.
8. To help attenuate noise an air intake silencer will be installed on the equipment by the
manufacturer to reduce any noise with sound absorbing insulation.
The Planning Commission must make a finding as to whether or not the proposed application
would adversely affect the surrounding neighborhood or the community as a whole based on the
aforementioned factors. Staff offers the following findings for consideration:
Options and Motion Language
Staff has provided the following options and motion language for this case. The Planning
Commission should consider providing additional findings of fact as part of the motion to support
their recommendation for approval or denial.
Recommend Approval with Conditions: Motion to recommend approval of Planning Case
19-012 for a Site Plan Review of 3200 Lake Johanna Blvd, based on the findings of fact
and the submitted plans, as amended by the three (5) conditions in the October 9th, 2019
Report to the Planning Commission:
1. The project shall be completed in accordance with the plans submitted as amended by
the conditions of approval. Any significant changes to these plans, as determined by
the City Planner, shall require review and approval by the Planning Commission and
City Council.
2. All proposed fencing shall be black vinyl -coated chain link.
3. The structure shall conform to all other regulations in the City Code.
4. The Applicant shall work with the City staff to mitigate any noise concerns if
complaints are received.
5. Monthly equipment testing shall occur weekdays between the hours of 8:00 a.m. and
5:00 p.m.
• Recommend Approval as Submitted: Motion to recommend approval of Planning Case 19-
012 for a site plan review of 3200 Lake Johanna Blvd, based on the findings of fact and
the submitted plans in the October 9th, 2019 Report to the Planning Commission.
Recommend Denial: Motion to recommend denial of Planning Case 19-012 for a site plan
review of 3200 Lake Johanna Blvd, based on the following findings: findings to deny
should specifically reference the reasons for denial and why those reasons cannot be
mitigated.
• Table: Motion to table Planning Case 19-012 for a site plan review of 3200 Lake Johanna
Blvd: a specific reason and information request should be included with a motion to table.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
PAPlanning\Planning Cases\2019\19-012 - Presbyterian Homes - SP, VA\Memos Reports
Page 5 of 6
Public Comments
Staff mailed public notices to all properties within 350 feet of the proposed property as per City
procedure and no comments were received from the public.
Deadline for Aj!ency Actions
The City of Arden Hills received the completed application for this request on September 6, 2019.
Pursuant to Minnesota State Statute, the City must act on this request by November 4, 2019 (60
days), unless the City provides the petitioner with written reasons for an additional 60 -day review
period. With consent of the applicant, the City may extend the review period beyond the initial
120 days.
Attachments
A. Application
B. Location Map
C. Submittal Documents
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P:\Planning\Planning Cases\2019\19-012 - Presbyterian Homes - SP, VA\Memos Reports
Page 6 of 6
Attachment E
-fiP\DEN HILLS
Approved:
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, OCTOBER 9, 2019
6:30 P.M. - ARDEN HILLS CITY HALL
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Chair Nick Gehrig called to order the regular Planning
Commission meeting at 6:30 p.m.
ROLL CALL N4**
Present were: Chair Nick Gehrig, Commissioners Steven Jones, James Lambeth, Subbaya
Subramnian, Paul Vijums, Jonathan Wicklund, and Clayton Zimmerman.
Absent: None.
Also present were: Community Development Manager/City Planner Mike Mrosla, Planning
Consultant Jane Kansier, and Councilmember Dave McClung.
APPROVAL OF AGENDA — OCTOBER 9, 2019
Chair Gehrig stated the agenda will stand as published.
APPROVAL OF MINUTES is
September 4, 2019 — Planning Commission Regular Meeting
Commissioner Zimmerman moved, seconded by Commissioner Wicklund, to approve the
September 4, 2019, Planning Commission Regular Meeting as presented. The motion
carried unanimously (7-0).
PLANNING CASES
A. Planning Case 19-014; Mounds View High School — Interim Use Permit — Public
Hearing
Planning Consultant Kansier stated Mounds View Public Schools has applied for an Interim
Use Permit (IUP) to allow the existing building on the property at 1901 Lake Valentine Road to
be temporarily used as the weight room/fitness center for Mounds View High School. This
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 2
property is zoned R-1, Single Family Residential and is part of the Mounds View High School
Planned Unit Development.
Planning Consultant Kansier reported the City Council approved a Planned Unit Development
for Mounds View High School in May 2019. The approved PUD allowed for additions to the
existing high school building and allowed multiple lots to be treated as a single development.
Planning Consultant Kansier explained when the original PUD application was submitted, the
Applicant intended to use the existing building at 1901 Lake Valentine Road for cold storage. A
more intensive use of the building may be proposed at a later date. As a result, the City Council
included the following as a condition of approval of the PUD:
Any use of the existing building on the on PID 21302334005 other than cold storage
will require an amendment to the approved PUD. The existing structure shall comply
with City Code Chapter 14 and any other use of the building shall meet all applicable
codes.
Planning Consultant Kansier indicated when construction of the high school improvements
began, the School District realized they did not have an interim location for the weight
room/fitness center. This room is generally used for fitness and weight training as part of the
overall health and wellness curriculum. The school officials looked for a temporary location and
decided to use the existing building at 1901 Lake Valentine Road. The School District worked
with the Fire Marshall and building inspections staff to bring the space into conformance with
building and life safety codes. During that time school and planning staff met to discuss
approval options. As a result, the school district has submitted this application for an IUP. A
temporary certificate of occupancy pending Planning Commission and City Council approval of
the IUP.
Planning Consultant Kansier stated Interim Use Permits are intended to allow uses that may be
appropriate in a zoning district on a temporary basis, provided specific conditions are met. The
IUP process is dictated by Section 1355.04, Subd. 7, of the City Code. The purpose and intent of
an NP was discussed with the Commission.
Planning Consultant Kansier stated at this time, the applicant is applying for an 1UP to allow
the use of the existing building at 1901 Lake Valentine Road for a weight room/fitness center
until October 1, 2020. The weight room is approximately 40' by 80' and is located in the
southwest corner of the existing building. The remaining portion of the building is used for
storage. Fire -rated sheetrock walls have been constructed around the weight room to meet
building and fire code requirements. The room functions as part of Mounds View High School,
so no additional parking spaces are required. No external changes to the building are proposed.
Planning Consultant Kansier reported the applicant has provided a general statement of the
future use of the building once the IUP has expired. This use includes storage of vehicles and
equipment. The School District will review and prioritize upgrades to the building and grounds
as part of their long-term facility planning process.
Planning Consultant Kansier reviewed the surrounding area, the Plan Evaluation and provided
the Findings of Fact for review:
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
3
1. The use is allowed as an interim use in the underlying zoning district and conforms to the
zoning regulations;
This site is a PUD with an underlying zoning of R-1. Schools are permitted as a CUP or
a PUD in the R-1 district. The proposed interim use is an extension of the existing school.
2. Permission of the interim use will not impose additional costs on the public if it is
necessary for the public to take the property in the future;
There are no additional costs to the public. The use will be conducted in an existing
building, and minimal improvements have been made. Further, there are no plans for
public improvements in this area.
3. The use will not adversely impact nearby properties through nuisance, noise, dust, glare,
or unsightliness, and will not otherwise adversely impact the health, safety, and welfare of
the community;
The use of this building for this purpose will not create a nuisance or impact the health,
safety and welfare of the community. The proposed use is less intensive than the previous
use as a bus garage.
4. The use will not adversely impact traffic and parking;
The facility will only be used by students at Mounds View High School during the hours
of approximately 7: 00 AM to 5: 00 PM. No additional parking will be required.
5. The use will not adversely impact implementation of future amendment to the City's
Comprehensive Plan;
This site will be designated for Public & Institutional uses. This use is consistent with
that designation.
6. The date or event that will terminate the use is identified with certainty;
The Applicant has indicated this use will be discontinued upon completion of the weight
room/fitness center in the high school building, or no later than October 1, 2020.
7. The applicant has signed a consent agreement agreeing that the applicant, owner,
operator, tenant, and/or user has no entitlement to an extension of the Interim Use Permit;
Upon approval of the IUP, the applicant will be asked to sign a consent agreement.
8. The user agrees to all conditions that the City Council deems appropriate for permission
of the use including the requirement of appropriate financial surety to cover the cost of
removing the interim use and any interim structures upon expiration of the interim use
permit;
Upon approval of the IUP, the applicant will be asked to sign a consent agreement.
9. There are no delinquent property taxes, special assessments, interest, or City utility fees
due upon the subject parcel;
There are no property taxes or other fees owed.
10. The term of the interim use does not exceed three (3) years;
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
The interim use will be slightly less than one year from the date of approval. After
October 1, 2020, the use of the building is intended for cold storage and vehicle parking.
11. The property has not been a recipient of a previous interim use permit. A property that
has received an interim use permit for an interim use listed in 1320.05, Land Use Chart,
shall not be eligible for another interim use permit of the same use;
No previous interim use permits have been issued on this site.
12. Any special requirements in Section 1320 for a particular interim use are met.
Section 1320 lists no special requirements for this use.
0
Planning Consultant Kansier stated based on the submitted plans and findings of fact, staff
recommends approval of Planning Case 19-014 for an Interim Use Permit at 1901 Lake
Valentine Road be subject to the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to the plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City
Council.
2. The area used for the weight room/fitness facility shall not exceed 3,200 square feet and
shall be confined to the location shown on the building permit and plans on file at the
City.
3. The facility shall be used for school classroom use only and shall not be open to the
general public.
4. Hours of operation for this use are limited to 7:00 AM to 5:00 PM on Monday through
Friday. No after-hours use is permitted.
5. No vehicles of any kind shall be parked or stored within the building while the NP is in
effect.
6. The Interim Use Permit shall be in effect until 5:00 PM on October 1, 2020.
7. No extension of the NP shall be permitted without City Council approval. The Applicant
is not entitled to an extension of this permit.
8. All weight room and classroom equipment must be removed from the facility by 5:00 PM
on Friday, October 2, 2020.
9. Once this NP expires, any use of the existing building at 1901 Lake Valentine Road (PID
21302334005) other than cold storage will require an amendment to the approved PUD.
Any changes made to the building for the storage use will require a building permit.
10. Any violation of the conditions of this Interim Use Permit may result in revocation of the
permit.
Planning Consultant Kansier reviewed the options available to the Planning Commission on
this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the public hearing at 6:44 p.m.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 5
Chair Gehrig invited anyone for or against the application to come forward and make comment.
There being no comment Chair Gehrig closed the public hearing at 6:44 p.m.
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Zimmerman asked if the building had sprinklers or fire proof doors.
Planning Consultant Kansier reported the fire and building codes do not require the building to
have sprinklers.
Community Development Manager/City Planner Mrosla explained the Fire Marshall had
reviewed and approved the proposed plans. He noted additional alarm systems were added to the
building for safety purposes. He commented further on the doors that served the building.
Commissioner Zimmerman stated he was concerned students would be in this building and
wanted to be assured it was safe.
Planning Consultant Kansier commented staff was also concerned about this and noted the
Building Official and Fire Marshall had taken a special look at this building. She indicated fire
rated walls had been installed and all doors opened outward to allow students to exit the building
quickly.
Commissioner Wicklund asked if a Phase I or Phase II environmental assessment was
completed on this building by the school district.
Planning Consultant Kansier deferred this question to the applicant.
Commissioner Wicklund questioned if the City would be responsible for any harmful toxins
that could impact staff or students.
Planning Consultant Kansier reported the City would not be responsible.
Commissioner Wicklund inquired if the school district asked for the 7:00 a.m. to 5:00 p.m. time
period.
Planning Consultant Kansier stated the school asked for an 8:30 a.m. to 4:30 p.m. time frame
and staff extended this timeframe slightly.
Commissioner Vijums believed the school was making a logical choice moving the weight
room to a new space and he supported the requested Interim Use Permit.
Commissioner Jones asked if the building would have to be brought up to code to meet heating
and cooling requirements.
Planning Consultant Kansier stated it was her understanding the applicant would be bringing
the building up to code to meet all applicable building requirements.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 6
Mike Schwartz, Mounds View Public Schools, explained at this time the space was being used
for four classrooms. He noted the space was up to code with respect to building and fire code.
He indicated a plywood and rubber floor would be installed in the building.
Commissioner Lambeth questioned if the space was already being used as a weight room by the
school district.
Mr. Schwartz reported the school district was not aware of the fact it needed to go through this
process. He stated he has since been working with staff, the Lake Johanna Fire Department and
building officials.
Commissioner Lambeth inquired if the building was currently in use and if this impacted the
IUP.
Mr. Schwartz reported the building was being used.
Planning Consultant Kansier stated instances like this happen all the time and staff proceeds as
if the use was not in place. She explained the City was not obligated to take any specific action
regarding this IUP.
Commissioner Lambeth discussed the size of the weight room (3,200 square feet) and asked if
the area being used was being driven by the dimensions of the building.
Community Development Manager/City Planner Mrosla stated this was the case and noted it
was the City's intent to not allow for any expansion of the weight room/fitness space.
Commissioner Subramanian commented on the high level of traffic that occurs in the morning
surrounding the school. He questioned if a traffic study had been completed by the school.
Community Development Manager/City Planner Mrosla explained a traffic study was being
completed by WSB. He noted the traffic study would focus on AM and PM peaks. He reported
the students using the weight room were using the space during non -peak hours.
Mr. Schwartz discussed the timeline for the students using the weight room prior to or after
school. He commented traffic patterns in and out of the school were smoothing out.
Commissioner Subramanian asked what would happen if toxins were found in the building,
given the fact the building was already in use.
Community Development Manager/City Planner Mrosla stated from a life safety perspective
the building already meets building code requirements. He indicated the school district was
proposing the weight room as a temporary or interim use.
Commissioner Wicklund commented on the type of work that would be conducted if a Phase I
or Phase lI Environmental Study was completed on the building.
Chair Gehrig asked if the suggested dates within the permit were identified by staff.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 7
Mr. Schwartz explained the school plans to be out of this building prior to August of 2020.
Commissioner Wicklund questioned what the normal practice was for operations that occur
prior to receiving proper permits from the City.
Planning Consultant Kansier discussed her experience with this type of situation.
Community Development Manager/City Planner Mrosla reiterated the fact that the building
had been inspected by the Fire Marshall and Building Official and the site passed inspection.
Commissioner Jones expressed concern with the fact the building may not be properly
ventilated given the fact the space would be used for an intense athletic use.
Planning Consultant Kansier reported the applicant was required to receive building and fire
code permits. She noted the space has been inspected by the building official and a temporary
certificate of occupancy was approved.
Chair Gehrig thanked staff for answering all of the questions from the Commission.
Commissioner Jones moved and Commissioner Lambeth seconded a motion to recommend
approval of Planning Case 19-014 for an Interim Use Permit at 1901 Lake Valentine Road,
based on the findings of fact and submitted plans, as amended by the ten (10) conditions in
the October 9, 2019, Report to the Planning Commission. The motion carried unanimously
(7-0).
B. Planning Case 19-012; Presbyterian Homes — Site Plan Review — No Public Hearing
Required
Planning Consultant Kansier stated Patrick McChesney of Presbyterian Homes ("The
Applicant") is requesting site plan review for a proposed project on 3200 Lake Johanna Blvd
(`The Subject Property") to install an Emergency Power Supply System (EPSS) on site.
Planning Consultant Kansier explained Johanna Shores is multi -unit senior living community
located on Lake Johanna Blvd and County Road D that has been operating continuously since
1955. The site is comprised of 410 units in a mix of independent senior apartments, assisted
living units, memory care units, hospice units, and McKnight Care Center. The 22 -acre parcel
was approved for a Planned Unit Development (PUD) in 2010 under Resolution 10-067 to allow
for greater flexibility with height and density requirements to accommodate the 410 units on the
site. The Applicant is requesting a site plan review for the installation of a proposed EPSS to be
located on a concrete pad outside the physical plant on the north side of the property.
Planning Consultant Kansier reported the Applicant indicated in their application that the
proposal will replace two existing EPSSs that service the Subject Property with a single diesel -
fueled EPSS. The existing equipment that would be replaced are a diesel -fueled EPSS with an
underground tank and a natural gas -fueled EPSS. The two existing EPSS's are located inside a
room adjacent to the physical plant on the rear on the building as shown on the image below. The
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 8
proposed replacement EPSS would be located outside the physical plant on the north side of the
campus adjacent to Sandeen Road.
Planning Consultant Kansier commented under the state licensure requirements of a nursing
home, a nursing home "shall be kept in a continuous state of good repair and operation with
regard to the health, comfort, safety and wellbeing of the occupants in accordance with an
established routine maintenance and repair program" including an emergency electrical service
that "shall be operated and tested at frequent intervals". (Chapter 4660.7800 Plant Operation and
maintenance for Existing and New). The two existing EPSS systems are reportedly over 50 years
old and are nearing the end of their serviceable lifetime. The replacement EPSS proposed will
have a greater capacity than the combined total for the two existing EPSSs.
Planning Consultant Kansier reviewed the surrounding area, the Plan Evaluation and provided
the Findings of Fact for review:
1. The Applicant is requesting site plan review for a proposed project at Johanna Shores
Senior Living Facilities to install an Emergency Power Supply System (EPSS) on site.
2. The two existing EPSS systems are reportedly over 50 years old and are nearing the end
of their serviceable lifetime. The replacement EPSS proposed will have a greater capacity
than the combined total for the two existing EPSSs.
3. Under state licensure requirements, a nursing home shall be kept in a continuous state of
good repair and operation including an emergency electrical service that shall be operated
and tested at frequent intervals.
4. The Applicant indicated to staff that emergency testing of the EPSS would be confined to
no more than one hour a month during day time hours.
5. The Subject Property is located within a PUD guided by the R-4 Zoning District and the
location of the proposed EPSS is 60 feet from the nearest property line to the north and
approximately 12 feet from the nearest structure, which meets all setback requirements
for the Subject Property.
6. The concrete pad will be located further to the east in a zone designated with minimal risk
of flooding.
7. Mechanical equipment will be screened with a chain link fence with beige fence weave
privacy slats, installed on all 4 sides of the concrete pad to a height of 11 1/2 feet above
grade to conceal the EPSS, which is 139" high.
8. To help attenuate noise an air intake silencer will be installed on the equipment by the
manufacturer to reduce any noise with sound absorbing insulation.
Staff noted the Planning Commission must make a finding as to whether or not the proposed
application would adversely affect the surrounding neighborhood or the community as a whole
based on the aforementioned factors.
Planning Consultant Kansier stated staff recommends approval of the Site Plan Review with
the following conditions:
1. 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.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 9
2. All proposed fencing shall be black vinyl -coated chain link.
3. The structure shall conform to all other regulations in the City Code.
4. The Applicant shall work with the City staff to mitigate any noise concerns if complaints
are received.
5. Monthly equipment testing shall occur weekdays between the hours of 8:00 a.m. and 5:00
p.m.
Planning Consultant Kansier reviewed the options available to the Planning Commission on
this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Subramanian indicated noise was a concern within this request. He asked how
much noise would be generated by the equipment being installed.
Community Development Manager/City Planner Mrosla stated the noise from the new
equipment would be less impactful than the existing equipment on site. It was staffs
understanding the noise would be reduced from 92 decibels to 60 decibels at 60 feet from the
property line.
Commissioner Subramanian questioned what would happen to the old generator.
Pat Jesney, Presbyterian Homes representative, reported the existing generator would be
dismantled and removed from the space, along with the old storage tank. He reported the space
would be utilized for storage.
Commissioner Lambeth inquired if black slats were required in the chain link fence.
Community Development Manager/City Planner Mrosla stated staff was making this
recommendation to ensure the new fence matched the existing fence on the site.
Commissioner Lambeth questioned if the chain link fence with slats would improve the noise
situation.
Community Development Manager/City Planner Mrosla anticipated this was the case. He
suggested Condition 6 read: The applicant shall be required to install black slats in the chain link
fence or similar material to assist with noise reduction.
Commissioner Jones discussed the new generator and was pleased there would be a noise
reduction.
Commissioner Zimmerman agreed.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 10
Commissioner Vijums asked if any landscaping was being proposed around the new generator
site.
Community Development Manager/City Planner Mrosla commented no additional
landscaping was being proposed.
Chair Gehrig was pleased the noise from the generator would be reduced and he recommended
the color of the slats be determined by the applicant and that the City not get involved in this
matter.
Commissioner Lambeth moved and Commissioner Wicklund seconded a motion to
recommend approval of Planning Case 19-012 for a Site Plan Review of 3200 Lake
Johanna Blvd, based on the findings of fact and the submitted plans, as amended by the
five (5) conditions in the October 9, 2019 Report to the Planning Commission. The motion
carried unanimously (7-0).
C. Planning Case 19-011; 1314 Cannon Avenue — Variance — No Public Hearing
Required
Community Development Manager/City Planner Mrosla stated Northrup Builders (the
"Applicants") have requested a variance in order to construct a four -season porch addition to the
existing legal nonconforming single-family detached property at 1314 Cannon Avenue (the
"Subject Property").
Community Development Manager/City Planner Mrosla reported City staff received a
building permit application for a request to build a four -season porch and deck addition at the
Subject Property. Upon review by Planning Staff it was determined that the request would
require a variance due to existing non -conforming side yard setbacks. The existing principal
structure was built in 1963 and predates the current R-1 zoning code requirements. This is the
first proposed addition and this is the first request for a variance at the Subject Property.
Community Development Manager/City Planner Mrosla explained the applicants have
requested a variance to construct a four -season poach on an existing nonconforming property.
The existing principal structure on the subject property is setback nine (9) feet from the eastern
property line and has combined total setback of 19 feet. However, the R-1 zoning district
requires a minimum side yard setback of 10 feet and a minimum total combined of 25 feet for
residential properties. The proposed addition will be constructed to maintain the same setbacks as
the existing house or nine (9) feet from the eastern property line. The proposed addition will meet
all other setback and lot coverage requirements.
Community Development Manager/City Planner Mrosla reviewed the surrounding area, the
Plan Evaluation and the Variance Evaluation Criteria.
Community Development Manager/City Planner Mrosla provided the Findings of Fact for
review:
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
11
General Findings:
1. The property at 1314 Cannon Avenue is located in the R-1 Single Family Residential
Zoning District.
2. The existing single-family residential dwelling was built prior to the existing zoning code
and is a nonconforming structure because it encroaches into the required side yard
setbacks on either side of the property.
3. The property owners have requested a variance in order to construct an addition that
would remain flush with the side of the dwelling and would maintain the same setback as
the existing structure
4. The proposed addition would meet all other minimum setback requirements for the R-1
District.
5. The proposed addition meets the minimum lot coverage requirements, maximum building
height requirement, and floor area ratio requirement for the R-1 District, as indicated by
the plans submitted by the Applicant.
6. The proposed development would not encroach on any flood plains, wetlands, or
easements.
7. The proposed development is not expected to impact any significant trees on the property.
Community Development Manager/City Planner Mrosla stated staff recommends approval of
the Variance with the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval.
2. Any significant changes to these plans, as determined by the City Planner, shall require
review and approval by the Planning Commission and City Council.
3. A Building Permit shall be required prior to commencement of construction.
4. The structure shall conform to all other regulations in the City Code.
5. The proposed structure finish shall complement the existing structure onsite.
Community Development Manager/City Planner Mrosla reviewed the options available to
the Planning Commission on this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Jones stated this would be a nice addition to the home and asked if the applicant
had spoken to his neighbors.
Chris Gross, North River Remodeling, stated his client has a letter from the next door neighbor
noting the neighbor approved of the project.
Commissioner Jones requested a copy of this letter be provided to staff.
Chair Gehrig questioned what the finished exterior would be for the new addition.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 12
Mr. Gross commented the exterior finish would match the existing siding and roofing. He noted
the home had 8 -inch lap siding.
Chair Gehrig moved and Commissioner Zimmerman seconded a motion to recommend
approval of Planning Case 19-011 for a Variance at 1314 Cannon Avenue, based on the
findings of fact and the submitted plans, as amended by the five (5) conditions in the
October 9, 2019 Report to the Planning Commission. The motion carried unanimously (7-
D. Planning Case 19-013; 1932 County Road E W - Variance — No Public Hearing
Required
Community Development Manager/City Planner Mrosla stated Gary and Julie Gronquist
("The Applicants") have requested a variance in order to construct a detached garage adjacent to
their existing driveway located on New Brighton Road. The subject property is located at 1932
County Road E W ("Subject Property").
Community Development Manager/City Planner Mrosla explained the Subject Property is a
single-family detached dwelling with an attached garage and driveway facing County Road E W.
In August 2000 a second driveway was constructed on New Brighton Road along with an
associated accessory structure (shed). At the time, there were no restrictions on driveways in the
R-2 District. However, on November 31, 2000, the City Council approved amended language to
the City Zoning Ordinance in regards to the definition of a driveway on single family residential
properties. Because the driveway on the Subject Property was built and approved prior to the
change in language, the property has been legally non -conforming.
Community Development Manager/City Planner Mrosla commented the Applicants are
requesting a variance to build a detached garage on the Subject Property facing New Brighton
Avenue. The proposed detached garage would replace the existing accessory structure (shed)
onsite. The Subject Property is located on a corner lot located within the R-2 district, each yard
facing a public street is considered to be a front yard with a front yard setback of 40 feet. The
Applicant's proposed detached garage would be setback 23 or encroach 17 feet into the front
yard setback.
Community Development Manager/City Planner Mrosla reported the area that is 40 feet from
the curb facing New Brighton Avenue on the Subject Property is underneath a power line. A
variance would allow the residents to build the garage closer to the curb, which would avoid
relocating the power line and would preserve an existing large tree onsite. Staff reviewed the R-2
district and found numerous other accessory structures located within the 40 -foot setback,
including the adjacent property to the south of the subject property.
Community Development Manager/City Planner Mrosla reviewed the surrounding area, the
Plan Evaluation and provided the Findings of Fact for review:
General Findings:
1. The property at 1932 County Road E is located in the R-2 Single Family Residential
Zoning District.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
13
2. The existing driveway on the property facing New Brighton Avenue is legally
nonconforming because it was built prior to the ordinance amendment pertaining to
driveways.
3. The property owners have requested a variance in order to construct a garage on the
driveway that would encroach on the front yard setback facing New Brighton Avenue.
4. The proposed garage would meet all other minimum setback requirements for the R-2
District.
5. The proposed garage would meet the minimum lot coverage requirements, maximum
building height requirement for the R-2 District, as indicated by the plans submitted by
the Applicant.
6. The proposed development would not encroach on any flood plains, wetlands, or
easements.
7. The proposed development is not expected to impact any significant trees on the property.
Variance Findings:
S. The variance request would comply with the purpose and intent of the R-2 Zoning
District and with the policies within the City's Comprehensive Plan.
9. The proposed addition is a reasonable use of the property.
10. The Subject Property is located is a corner lot at the intersection of County Road E W and
New Brighton Road. Corner lots with yards facing a public street is considered to be a
front yard and any structures shall be setback of 40 feet from the property line. On non -
corner lots the rear and side yard setback for accessory structures is 10 feet. However,
many other properties zoned R-2 encroach upon the 40 -foot setback. The Applicant is
requesting to encroach 17 feet, where other properties encroach 30 or more feet into the
front yard setback.
11. The proposed addition will not alter the character of the neighborhood and is consistent
with the other dwellings in the neighborhood. The Applicants indicated to staff that their
neighbors on surrounding properties have voiced their support and do not believe that
granting a variance would negatively impact them. In addition, the Applicant work with
the neighbor to the south on locating their propose structure so it would be screen by the
existing garage on the adjacent property
12. The proposed variance is not based on economic consideration.
13. A solar energy system is not proposed. However, the proposed addition would not impact
the ability to construct a solar energy system onsite or on an adjoining property.
Community Development Manager/City Planner Mrosla stated staff recommends approval of
the Variance with the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to these plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City
Council.
2. A Building Permit shall be issued prior to commencement of construction.
3. The structure shall conform to all other regulations in the City Code.
4. The proposed accessory structure finish shall complement the existing structure onsite
Community Development Manager/City Planner Mrosla reviewed the options available to
the Planning Commission on this matter:
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 14
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Subramanian asked if the tree will be removed or preserved.
Community Development Manager/City Planner Mrosla explained the tree will be preserved.
Commissioner Lambeth questioned when this home was built.
Julie Gronquist, 1932 County Road E W, reported the home was built in 1969.
Commissioner Lambeth stated he did not believe the detached garage would propose any type
of inconvenience or threat to the property or surrounding properties.
Commissioner Jones asked if the proposed detached garage would square up with the neighbors
detached garage.
Ms. Gronquist indicated she was trying to fit her garage behind the neighbor's garage so that it
would not be visible from her neighbor's home.
Commissioner Jones explained he fully supported the proposed request.
Commissioner Vijums inquired if the applicant was requesting to encroach 13 feet or 17 feet
into the setback.
Community Development Manager/City Planner Mrosla stated the applicant was proposing
to encroach 13 feet into the setback.
Commissioner Vijums asked how many vehicles a property could have in their driveway.
Community Development Manager/City Planner Mrosla explained the maximum number of
cars that could be parked in a driveway was four.
Commissioner Vijums questioned if the Gronquist's could now have eight cars parked on their
property given the fact they would have two driveways.
Ms. Gronquist commented there was no parking allowed on New Brighton Road or County
Road E and for this reason all of her guests were required to park in her driveway.
Commissioner Vijums stated he could more than four vehicles being allowed on a temporary
basis, but indicated he would like to see a condition for approval added that stated no more than
four vehicles could be parked between the driveways, except on a temporary basis.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 15
Planning Consultant Kansier stated the homeowners only have 23 feet from the property line
which would only allow for two cars to be parked in this area. She anticipated that if a lot of
vehicles were being parked on this property, the City would receive complaints.
Commissioner Vijums indicated he did not want to see complaint calls generated and suggested
a condition be added for approval.
Community Development Manager/City Planner Mrosla reported a condition could be added
to address this concern stating no more than two vehicles shall be parked in the driveway
adjacent to New Brighton Road.
Commissioner Wicklund asked how the City enforced the no more than four vehicles in a
driveway requirement.
Community Development Manager/City Planner Mrosla stated when the City receives a
complaint the Sheriff is notified and the City inspects the property. He commented typically a
notice is sent to the property owner and they are given seven days to bring the property into
compliance with City Code.
Chair Gehrig indicated the driveway was done before the code was passed, but the garage was
not in place. He explained he was struggling with the fact the Commission was being asked to
approve a brand-new garage given the fact a 20 -year-old driveway was in place.
Ms. Gronquist stated the driveway was installed with the understanding a garage would one day
be built. She explained she has been saving to build the garage for years. She reported within
City Code she was allowed to build a garage but noted the proposed location led to the variance
request.
Chair Gehrig thanked Ms. Gronquist for the clarification and consideration with respect to the
placement of the garage. She noted she had letters from all three of her neighbors offering
support to her variance request.
Commissioner Subramanian questioned if the existing driveway could be eliminated.
Ms. Gronquist explained the existing driveway was needed to access the garage attached to her
home.
Commissioner Zimmerman inquired if a fifth condition should be added for approval.
Community Development Manager/City Planner Mrosla reported Condition 5 could read: No
more than two (2) vehicles shall be permanently parked on the driveway adjacent to New
Brighton Road.
Commissioner Wicklund questioned if a condition was required to ensure the current shed was
removed.
Community Development Manager/City Planner Mrosla reported staff would be following
upon this matter through the building permit approval process.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 16
Commissioner Vijums stated he did not want to see an eyesore of numerous cars parked on the
new driveway and he appreciated the fact Condition 5 was being recommended for approval.
Community Development Manager/City Planner Mrosla explained that the requested
variance would stay with the property and if new owners were to move into the home, only two
vehicles could be parked in the driveway off of New Brighton Road.
Chair Gehrig stated he was struggling with the fact the Planning Commission was proposing to
make an exception to City Ordinance for this one property by restricting the number of cars that
could be parked on the driveways. He believed that this issue should be addressed by the City
Council and not the Planning Commission.
Commissioner Wicklund moved and Commissioner Jones seconded a motion to
recommend approval of Planning Case 19-013 for a Variance at 1932 County Road E West,
based on the findings of fact and the submitted plans, as amended by the four (4)
conditions in the October 9, 2019 Report to the Planning Commission, recommending the
City Council address the number of vehicles that can be parked on properties that have
two driveways. The motion carried unanimously (7-0).
UNFINISHED AND NEW BUSINESS
None.
REPORTS
A. Report from the City Council
Councilmember McClung updated the Planning Commission on City Council activities. He
explained the Council approved a public notification process for planning and land use
applications. He stated the Council approved the sign code amendment that addressed dynamic
display signs.
B. Planning Commission Comments and Requests
Chair Gehrig reported the Planning Commission was still seeking an alternate member. Those
interested in serving were encouraged to contact City Hall for further details.
C. Staff Comments
Community Development Manager/City Planner Mrosla updated the Commission on the
redevelopment of the old fire station.
ADJOURN
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 17
Commissioner Zimmerman moved, seconded by Commissioner Viiums, to adiourn the
October 9, 2019, Planning Commission Meeting at 9:13 p.m. The motion carried
unanimously (7-0).
CONSENT ITEM — 6J
, AZEN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
David Perrault, City Administrator
FROM: Todd Blomstrom, Interim Public Works Director/City Engineer
SUBJECT: Agreement with InControl, Inc. for Improvements to the Utility Monitoring and
Control System
Budgeted Amount: Actual Amount: Funding Sources:
$100,000 $84,000 Water Fund
Council Should Consider
Approval of an agreement with InControl, Inc. for improvements to the utility monitoring and
control system in the amount of $51,957.00.
Background/Discussion
The City currently utilizes two systems for monitoring water and wastewater infrastructure sites.
The water tower and booster station facilities are monitored via cellular service provided by High
Tide Technologies, while the lift stations are monitored using a cellular service provided by
OmniSite. While the OmniSite units have operated effectively, High Tide equipment is not
always reliable causing tower overflows due to inadequate cellular communication.
InControl has provided a proposal for upgrading the monitoring and communication equipment
for the north water tower and booster station as provided in Attachment A. The scope of work
includes replacement of programmable logic controllers, which are no longer supported by the
manufacturer, and upgrading communications between the north tower and booster station from
cellular to radio telemetry. Upon completion of the project, the booster station and north water
tower will be controlled using OmniSite.
Financial Impact
The utility monitoring and control system improvements as outlined in the proposal from
InControl are included in the City's Capital Improvement Program. The following table
provides a summary of total project expenses.
Page 1 of 2
Expense
Amount
FundingSource
ource
Initial System Study (HR Green)
$15,400.00
Water & Sewer Fund
System Design Phase (HR Green)
$13,100.00
Water & Sewer Fund
Lift Station Modem Upgrades (Omni)
$ 2,640.00
Sewer Fund
Booster/Tower Upgrades (InControl)
$51,957.00
Water Fund
TOTAL
$83,097.00
Attachments
Attachment A — Professional Services Proposal and Agreement
Page 2 of 2
` � 1Attachment A
AA
PROPOSAL # QM19081901-03
To: HR Green, Inc.
Attn: Dan Origer
Re: Arden Hills MN Utility Water System Monitoring & Control
Date:
August 28, 2019
From:
Jeff Iverson
Valid:
30 days
Page:
1 of 4
In Control, Inc. is pleased to provide our proposal for materials and services as part of the project referenced
above.
This proposal is based upon In Control's prior work at Arden Hill's Booster Station and project documents
provided by Dan Origer of HR Green, Inc.
Materials and Services Proposed
Item 1 - Professional Engineering
A. One project manager will be assigned as a primary point of contact through project completion
B. A project team consisting of up to (3) engineers will be assigned to the project
C. Engineering review meetings will be conducted on a timely basis as required
D. Industry best practices, proven control approaches and standardize objects will be implemented in
the design, configuration and development of the entire system
E. Completely new controller configurations will be engineered for this specific project
F. The entire design will be completed internally with functional testing prior to start up
G. Complete documentation will be provided
H. Electrical permits as required
Item 2 - North Tower Location
In Control will furnish the following items at the North Tower:
A. Remove High Tide Technologies equipment and turn over to Owner
B. Dismount and salvage OmniSite unit for re -installation at Booster Station
C. Connect existing door switch to new telemetry PLC
D. Connect existing Pressure Transmitter to new telemetry PLC
E. Provide and Install Omni antenna in accordance with the Radio Path Study
F. Provide and install antenna cable with connectors and grounding kit
G. Existing North Tower Control Panel Modifications as follows:
1. 120 VAC main breaker and generator breaker with mechanical interlock
2. Panel Surge Protection
3. Generator Receptacle
4. 24 VDC Power Supply
In Control, Inc.
10350 Jamestown Street NE Phone: (763) 783-9500
Blaine, MN 55449 Fax: (763) 783-9502
i
In Control, Inc.
10350 Jamestown Street NE
Blaine, MN 55449
Phone: (763) 783-9500
5. Battery Back -Up Module
6. Spread Spectrum Telemetry Radio
7. Antenna Surge Arrestor
8. Ethernet Switch
9. MicroLogix 1100 PLC with Analog Input Module
10. Selector Switch —Intrusion Enable/Disable
11. Panel Strip Heater with Thermostat
12. Miscellaneous Panel Hardware as required
Item 3 - Booster Station Location
In Control will furnish the following items at the North Tower:
A. Remove High Tide Technologies equipment and turn over to Owner
B. Relocate thermostat to the Booster Station Control Panel and connect to the digital input for the
temp switch low alarm
C. Mount OmniSite unit from North Tower and connect Booster Station Control Panel
D. Provide and Install Yagi antenna in accordance with the Radio Path Study performed
E. Provide and install antenna cable with connectors and grounding kit
F. Existing Booster Station Control Panel Modifications as follows:
1. Remove existing PLC and Operator Interface
2. Provide, install, and configure/program CompactLogix PLC with 1/0 modules
3. Provide, install, and configure/ program PanelView Plus 7 operator interface
4. Provide, install, and configure Hardware Firewall
5. Configure PanelView VNC Viewer
6. Spread Spectrum Telemetry Radio
7. Antenna Surge Arrestor
8. Ethernet Switch
9. Miscellaneous Panel Hardware as required
Item 4 - PLC, OIT, and SCADA Programming
In Control will furnish all PLC, OIT, and SCADA programming required in complete conformance to the plan and
specification.
Item 5 - Radio Telemetry and Communications
In Control will furnish all Radio and Telemetry Communications required to function as a complete system.
Item 6 - AutoCAD Controls Drawings
Complete documentation will be provided.
Item 7 - Warranty
A. Standard In Control Terms and Conditions apply, no exceptions/exclusions. The warranty from In
Control will be in force for eighteen (18) months after shipment or twelve (12) months from startup.
IG SAL QM 19081901-03 Arden Hills MN Utility Water System Monitoring & Control Proposal
Page 2 of 4
i
In Control, Inc.
10350 Jamestown Street NE
Blaine, MN 55449
Phone: (763) 783-9500
The price for all items above is $51,957.00 USD net total including sales and use taxes. Freight is included, FOB
shipping point.
All radio antenna and antenna cable installations will be completed by a professional installer that has the
knowledge, experience, training, and certifications.
All required conduit and wiring will be completed by a licensed electrician that is experienced with installations
in City water systems.
Based on our current backlog and a signed notice to proceed at the next City Council Meeting (9/8/19), our
proposed completion date for the work described above is 3/20/2020 or sooner.
Thank you in advance for the consideration of our offer and the opportunity to work together. Should you have
any questions regarding this proposal, please contact me directly at your convenience. We look forward to
hearing from you soon to secure and coordinate this project.
Respectfully,
Jeff Iverson
Jake Hacker
IN Control I Sales & Consulting IN Control I Inside Sales
Office: (763) 783-9500 Ext. 3001 Office: (763) 783-9500 Ext. 2004
Mobile: (612) 802-8875 Mobile: (612) 403-3006
isi@in-ctrl.com ilhack@in-ctrl.com
NOTICE TO PROCEED
Please proceed with scope of work as defined in proposal above:
PO Number
Quote Number
QM19081901-03
Owner:
Contractor:
In Control, Inc.
Date
Date:
August 28, 2019
Signature
Signature
yam" wy L. 90 -ern,
Printed Name
Printed Name
Jeff Iverson
Title
Title
Sales and Marketing
IG SAL QM 19081901-03 Arden Hills MN Utility Water System Monitoring & Control Proposal
Page 3 of 4
i
In Control, Inc.
10350 Jamestown Street NE
Blaine, MN 55449
Phone: (763) 783-9500
Standard Terms and Conditions of Sale
These terms and conditions are in effect between the party ("Purchaser") issuing the purchase order ("Order") and IN
CONTROL, INC. ("IN CONTROL").
1. ACCEPTANCE — Acceptance of this Order will be in writing within thirty (30) days of Order receipt. Acceptance will be
based on compliance with the acceptance criteria set forth herein. Upon acceptance, this Order will constitute the
entire agreement between IN CONTROL and Purchaser, supersede all prior negotiations, discussions and dealings and
may not be modified or rescinded except by a writing signed by both Purchaser and IN CONTROL.
2. TERMINATION — If the Purchaser chooses to terminate this Order, the Purchaser will pay to IN CONTROL reasonable
and proper cancellation charges, which may include a reasonable and customary profit only on Goods and Services
accepted to date of receipt of the notice of cancellation.
3. ATTORNEY FEES - If either party commences or is made a party to an action or proceeding to enforce or interpret this
Order, the prevailing party in such action or proceeding will be entitled to recover from the other party all reasonable
attorneys' fees, costs and expenses incurred in connection with such action or proceeding or any appeal or
enforcement of any judgment obtained in any such action or proceeding.
4. COUNTERPARTS - This Order may be executed in any number of counterparts, and each such counterpart will be
deemed to be an original instrument.
5. INDEMNIFICATION - Purchaser will indemnify IN CONTROL and its customers and hold them harmless from and against
any and all claims, actions, proceedings, costs, expenses, losses and liability, including all reasonable attorneys' fees,
costs and expenses, arising out of or in connection with or relating to any Goods or Services furnished by Seller
pursuant to this Order, including without limitation all product liability claims and any claims involving personal injury,
death or property damage. The obligations set forth in this Section will survive the termination or fulfillment of this
Order.
6. LIMITATIONS OF LIABILITY - In no event will IN CONTROL be liable in contract, tort, strict liability, warranty or
otherwise, for any special, incidental or consequential damages, such as, but not limited to, delay, disruption, loss of
product, loss of anticipated profits or revenue, loss of use of the equipment or system, non -operation or increased
expense of operation of other equipment or systems, cost of capital, or cost of purchase or replacement equipment
systems or power.
7. LIQUIDATED DAMAGES — Unless otherwise agreed to in writing between the Purchaser and IN CONTROL, IN CONTROL
will not accept liquidated damages.
8. NONWAIVER - The failure by IN CONTROL to enforce at any time, or for any period of time, any of the provisions hereof
will not be a waiver of such provisions nor the right of IN CONTROL thereafter to enforce each and every such
provision.
9. PAYMENT TERMS - The payment terms are net thirty (30) days after invoice date. If an invoice dispute arises, the
Purchaser will notify IN CONTROL within ten (10) days of receipt of invoice. The undisputed amount of the invoice will
be paid within the payment terms. All reasonable attempts will be made between both parties to resolve the disputed
portions of the invoice within the payment terms.
10. REMEDIES - Remedies herein reserved to IN CONTROL will be cumulative, and in addition to any other or further
remedies provided in law or equity.
11. TRANSPORTATION - Unless otherwise specified, all deliveries from IN CONTROL will be F.O.B. factory, freight prepaid.
12. WARRANTY - IN CONTROL warrants that the Goods and Services furnished will be of good quality, free from defects in
material, design and workmanship will conform to the specifications, drawings, or samples and are suitable for their
intended purpose(s). The warranty from IN CONTROL will be in force for eighteen (18) months after shipment or twelve
(12) months from startup, whichever is shorter. IN CONTROL reserves the right to terminate warranty should the
Purchaser's account be in arrears.
IG SAL QM 19081901-03 Arden Hills MN Utility Water System Monitoring & Control Proposal
Page 4 of 4
/
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
A� " CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
INSR
LTR
08/21/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT Barb Michaels
NAME:
Christensen Group Insurance
(952) 653-1000 FA (952) 653-1100
SCC
JCExt): No):
E-MAIL bmichaels@christensengroup.com
ADDRESS:
9855 West 78th Street, Ste 100
CLAIMS -MADE OCCUR
INSURER(S) AFFORDING COVERAGE NAIC #
INSURERA: Westfield Insurance Companies 24112
Eden Prairie MN 55344
INSURED
INSURER B: Accident Fund Cc of America 011770
INSURER C : Underwriters at Lloyds 32727
IN CONTROL, INC.
INSURER D:
10350 Jamestown St NE
INSURER E:
INSURER F:
Blaine MN 55449
COVERAGES CERTIFICATE NUMBER: 18-19 LIAB MASTER REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCEADDLSUBR
INSD
WVD
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
CLAIMS -MADE OCCUR
PREM SES Ea oNcE ante $ 500,000
MED EXP (Any one person) $ 10,000
PERSONAL &ADV INJURY $ 1,000,000
A
CWP4244552
11/01/2018
11/01/2019
GEN-LAGGREGATE LIMITAPPLIES PER:
GENERAL AGGREGATE $ 2,000,000
X POLICY � PRO FX LOC
JECT
PRODUCTS - COMP/OPAGG $ 2,000,000
$
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT $ 1,000,000
Ea accident
BODILY INJURY (Per person) $
X
ANYAUTO
A
OWNED SCHEDULED
AUTOS ONLY AUTOS
CWP4244552
11/01/2018
11/01/2019
BODILY INJURY (Per accident) $
PROPEDAMAGE $
Per accidentRTY
X
HIREDHxNON-OWNED
AUTOS ONLY AUTOS ONLY
$
X
$500 comp $500 Coll
X
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE $ 5,000,000
AGGREGATE $ 5,000,000
A
EXCESS LIAB
CLAIMS -MADE
CWP4244552
11/01/2018
11/01/2019
DED I X RETENTION 0
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? ❑
(Mandatory in NH)
N /A
WCV6135295-2
11/01/2018
11/01/2019
X STATUTE ETH
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT $ 1,000,000
Limit (w/ $10k deductible) $3MM/$3MM
Errors &Omissions
C
Network Security/Privacy
ELOO-98-0030-2018
11/01/2018
11/01/2019
Limit (w/ $10k deductible) $3MM/$3MM
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Arden Hills Utility
ACCORDANCE WITH THE POLICY PROVISIONS.
1245 W Highway 96
AUTHORIZED REPRESENTATIVE
Arden Hills MN 55112
�j'
G
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
CONSENT ITEM — 6K
,-i DEN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Council Members
David Perrault, City Administrator
FROM: David Swearingen, Senior Engineering Technician
Todd Blomstrom, Interim Public Works Director/City Engineer
SUBJECT: Pay Voucher No. 1, Tennis Court Improvements for Cummings and Royal Hills
Parks, PW 19-0104
Budgeted Amount: Actual Amount: Funding Sources:
$349,102 $349,102 PIR
COUNCIL SHOULD CONSIDER
Approval Pay Voucher No. 1 for the Tennis Court Improvements for Cummings and Royal Hills
Parks in the amount of $116,923.15.
BACKGROUND/DISCUSSION
On July 22, 2019, the City Council adopted Resolution #2019-025 awarding a contract for the
Tennis Court Improvements at Cummings and Royal Hills Parks Project to Bituminous
Roadways in the amount of $303,782.00 for the base bid, and declining the bid alternate for
Hazelnut Park.
The contractor began the project on September 3, 2019 and has completed resurfacing work at
Cummings Park. The tennis and basketball courts at Cummings Park are open for public use.
The contractor has also completed removals, subgrade corrections and the bituminous section
construction at Royal Hills Park.
Pay Voucher No. 1 reflects all work through September 30, 2019. The project is estimated to be
40% complete. ADA concrete sidewalk improvements, curb and gutter placement and fine
grading are underway. Project progress Pay Voucher No. 1 is provided in Attachment A.
WSB recommends approval of Pay Voucher No. 1 as provided in Attachment B. Staff
recommends that Council approve the payment.
Page 1 of 2
FINANCIAL IMPACT
The construction contract amount and overall budget for the Tennis Court Improvements for
Cummings and Royal Hills Parks is summarized below.
PROJECT BUDGET
Project Expenses
Engineering and Construction Admin. (WSB) $ 39,420.00
Geotechnical Investigation (WSB) $ 5,900.00
Change Orders (none to date) $ 0.00
Construction Base Bid (Bituminous Roadways) $303,782.00
Total Expenses $349,102.00
Project Funding
Capital Improvements PIR Fund $349,102.00
Attachments
Attachment A: Pay Voucher No. 1
Attachment B: WSB Letter
Page 2 of 2
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Attachment A
wsb
October 7, 2019
Todd Blomstrom
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
Re: Tennis Court Improvements at Cummings, Hazelnut and Royal Hills Project
City of Arden Hills Project No. 19 -PARK -001
WSB Project No. R-014152-000
Dear Mr. Blomstrom:
Please find enclosed Construction Pay Voucher No. 1 for the above referenced project in the
amount of $116,923.15. The quantities completed to date have been reviewed and agreed upon
by the contractor, and we hereby recommend that the City of Arden Hills approve Construction
Pay Voucher No. 1 for Bituminous Roadways, Inc.
The amount indicated above reflects work certified through September 30, 2019, with a 5%
retainage applied. Please include one executed copy with the payment to Bituminous Roadways,
Inc. and return one executed copy to our office for our file. If you have any questions or
comments regarding this voucher, please contact me at 763.231.4865.
Sincerely,
W
1-10
Yteven Foss, P A
andscape Arc itect
Attachments
cc: Sue Polka, WSB
kkp
K:\014152-000\Admin\Construction Admin\Pay Applications\Pay Application #1\014152-000 LTR PV1 to City 100719.docx
Attachment B
CITY OF ARDEN HILLS
1245 West Highway 96
Wsb Arden Hills 55112
Project R-0104152-000 -Tennis Court Improvements At Cummings and Royal Hills Park
Pay Voucher No. 1
Contractor: Bituminous Roadways, Inc. City Project No. 19 -PARK -001
1520 Commerce Drive For Period: 07/22/2019 - 09/30/2019
Mendota Heights, MN 55120
Contract Amounts
Original Contract
$ 303,782.00
Contract Changes
0
Revised Contract
0
Work Certified to Date
$ 6,153.85 0
Base Bid Items
$ 123,077.00
Backsheet
0
Change Order
0
Supplemental Agreement
0
Work Order
0
Material on Hand
0
Total] $ 123,077.00
Work Certified
This Pay Voucher
Work Certified
to Date
Less Amount Less Previous
Retained Payments
Amount Paid This
Pay Voucher
Total Amount
Paid to Date
$ 123,077.00
$ 123,077.00
$ 6,153.85 0
$ 116,923.15
$ 116,923.15
Percent retained 5%
Amount Paid This Pay Voucher $ 116,923.15
This is to certify that the items of work shown in this certificate of Pay Voucher have been actually furnished for the work comprising the
above mentioned projects in accordance with the plans and specifications heretofore approved.
Approved By: WSB
Project Engineer
Y1 0-06-2019
Date
Approved By: CITY OF ARDEN HILLS
CITY OF ARDEN HILLS
Date
Approved By: Bituminous Roadways, Inc.
Contractor
/lJ- I — Zoli
Date
K:1014152-00OL4dminlConstruction AdminWay Applicationspay Application #11
Page 1 of 1 014152-000 PV1 100419VO 1 Cover
PROJECT PAYMENT STATUS
OWNER: CITY OF ARDEN HILLS
CONTRACTOR: Bituminous Roadways, Inc.
CHANGE ORDERS
No. Date Description Amount
Total Change Orders $0.00
PAYMENT SUMMARY
Current Total Total Amount
No. From To Payment Retainage Earned
1 07/22/19 09/30/19 $116,923.15 $6,153.85 $123,077.00
Material on Hand
Total Payment to Date
$116,923.15
Original Contract
$303,782.00
Total Retainage to Date
$6,153.85
Change Orders
$0.00
Total Amount Earned to Date
$123,077.00
Revised Contract Amount
$303,782.00
K:1014152-00014dminlConstruction AdminU-ay Applicationstpay Application #11
Page 2 of 4 014152-000 PVl 100419VO 1 Summary
DETAIL SHEET Pay Voucher No. 1
OWNER: 07/22/2019 - 09/30/2019
CITY OF ARDEN HILLS
CONTRACTOR:
BITUMINOUS ROADWAYS, INC.
1520 COMMERCE DRIVE
MENDOTA HEIGHTS, MN 555120
ROYAL HILLS PARK - BASE BID
1
2021.501
MOBILIZATION
LS
1
$7,000.00
Quantity
Amount
0.60
$ 4,200.00
2
2101.501
CLEARING AND GRUBBING
LS
Contract
Unit
1.00
$ 4,000.00
Quantity
Amount to
#
2104.503
Item
Units
355
$11.50
This Pay
This Pay
355.00
$ 4,082.50
4
2104.503
REMOVE CURB
LIN FT
Qty
Price
$ -
to Date
Date
5
2104.504
REMOVE BITUMINOUS PAVEMENT
SQ YD
1,060
$1.00
Voucher
Voucher
1060.00
$ 1,060.00
CUMMINGS PARK - BASE BID
1
2021.501
MOBILIZATION
LS
1
$800.00
0.75
$ 600.00
0.75
$ 600.00
2
2104.606
REMOVE EXISTING ACRYLIC COURT
LS
1
$1,700.00
1.00
$ 1,700.00
1.00
$ 1,700.00
2104.602
REMOVE BASKETBALL GOAL
SURFACING
2
$1,200.00
2.00
$ 2,400.00
2.00
$ 2,400.00
9
3
2104.607
CRACK FILLING
LS
1
$1,700.00
1.00
$ 1,700.00
1.00
$ 1,700.00
4
2104.608
REMOVE PRACTICE BOARD AND
LS
1
$3,100.00
1.00
$ 3,100.00
1.00
$ 3,100.00
2105.507
COMMON EXCAVATION
ASSOCIATED POSTS
1
$25,000.00
0.90
$ 22,500.00
0.90
$ 22,500.00
12
5
2563.601
TRAFFIC CONTROL
LS
1
$580.00
0.75
$ 435.00
0.75
$ 435.00
6
2582.604
ACRYLIC COLOR SURFACING (FOR
SQ YD
2,078
$13.00
$ -
$ -
$ -
$ -
2360.604
3" BITUMINOUS WALK WITH
AGGREGATE BASE
COURT)
73
$29.00
$ -
$ -
15
ROYAL HILLS PARK - BASE BID
1
2021.501
MOBILIZATION
LS
1
$7,000.00
0.60
$ 4,200.00
0.60
$ 4,200.00
2
2101.501
CLEARING AND GRUBBING
LS
1
$4,000.00
1.00
$ 4,000.00
1.00
$ 4,000.00
3
2104.503
REMOVE CHAIN-LINK FENCE
LIN FT
355
$11.50
355.00
$ 4,082.50
355.00
$ 4,082.50
4
2104.503
REMOVE CURB
LIN FT
26
$38.00
$ -
$ -
5
2104.504
REMOVE BITUMINOUS PAVEMENT
SQ YD
1,060
$1.00
1060.00
$ 1,060.00
1060.00
$ 1,060.00
6
2104.601
REMOVE TENNIS NET POST AND NET
LS
1
$1,200.00
1.00
$ 1,200.00
1.00
$ 1,200.00
7
2014.601
SALVAGE BENCH
EACH
2
$1,200.00
1.00
$ 1,200.00
1.00
$ 1,200.00
8
2104.602
REMOVE BASKETBALL GOAL
EACH
2
$1,200.00
2.00
$ 2,400.00
2.00
$ 2,400.00
9
2104.603
REMOVE WOOD TIMBERS
LS
1
$3,125.00
1.00
$ 3,125.00
1.00
$ 3,125.00
10
2105.507
COMMON EXCAVATION (OFF SITE)
CU YD
515
$26.00
515.00
$ 13,390.00
515.00
$ 13,390.00
11
2105.507
COMMON EXCAVATION
LS
1
$25,000.00
0.90
$ 22,500.00
0.90
$ 22,500.00
12
2105.507
SELECT GRANULAR BORROW (FOR
COURT)
CU YD
1,275
$26.50
1275.00
$ 33,787.50
1275.00
$ 33,787.50
13
2360.601
BITUMINOUS COURT PAVEMENT WITH
AGGREGATE BASE
SQ YD
1,180
$31.00
$ -
$ -
14
2360.604
3" BITUMINOUS WALK WITH
AGGREGATE BASE
SQ YD
73
$29.00
$ -
$ -
15
2502.602
4" PVC PIPE DRAIN CLEANOUT
EACH
4
$745.00
4.00
$ 2,980.00
4.00
$ 2,980.00
16
2502.603
4" PERF PE PIPE DRAIN
LIN FT
692
$16.00
692.00
$ 11,072.00
692.00
$ 11,072.00
17
2502.603
4" PE PIPE DRAIN
LIN FT
55
$19.00
55.000
$ 1,045.00
55.000
$ 1,045.00
18
2521.518
4" CONCRETE WALK WITH
AGGREGATE BASE
SQ FT
48
$34.00
$ -
$ -
19
2521.603
5" THICK X 18" WIDE CONCRETE
MAINTENANCE STRIP
LIN FT
404
$53.00
$
$
20
2521.603
5" THICK X 12" WIDE CONCRETE
MAINTENANCE STRIP
LIN FT
59
$78.00
$
$
Page 3 of 4
TOTAL BASE BID
CONTRACT CHANGES
Page 4 of 4
$ 123,077.00 $ 123,077.00
TOTAL $ 123,077.00 $ 123,077.00
Quantity
Amount
Contract
Unit
Quantity
Amount to
#
Item
Units
This Pay
This Pay
Qty
Price
to Date
Date
Voucher
Voucher
21
2531.503
CONCRETE RIBBON CURB WITH BASE
LIN FT
20
$227.00
$
$
22
2531.503
B612 CONCRETE CURB AND GUTTER
LIN FT
6
$115.00
$
$
WITH BASE
23
2531.603
JOINTADHESIVE
LIN FT
455
$7.00
$
$
24
2540.601
TENNIS NET AND POST SYSTEM
EACH
1
$2,300.00
$
$
25
2540.601
BASKETBALL GOAL
EACH
2
$5,700.00
$
$
26
2557.501
10' HIGH, 3 -RAIL CHAIN-LINK
LIN FT
346
$90.00
$
$
PERIMETER FENCE
27
2557.501
8' HIGH, 4' WIDE GATE
EACH
1
$1,500.00
$
$
28
2557.501
10' HIGH, 10' WIDE DOUBLE GATE
EACH
1
$2,700.00
$ -
$ -
29
2563.601
TRAFFIC CONTROL
LS
1
$1,800.00
0.50
$ 900.00
0.50
$ 900.00
30
2564.602
ADA PARKING SIGN
EACH
1
$925.00
$ -
$ -
31
2572.503
CONSTRUCTION FENCING
LIN FT
650
$6.00
650.00
$ 3,900.00
650.00
$ 3,900.00
32
2573.535
ROCK CONSTRUCTION ENTRANCE
LS
1
$1,700.00
1.00
$ 1,700.00
1.00
$ 1,700.00
33
2573.533
SEDIMENT CONTROL LOG, TYPE
LIN FT
375
$8.00
375.00
$ 3,000.00
375.00
$ 3,000.00
WOOD FIBER
34
2575.505
SEEDING - TURF SEED MIX
ACRE
0.30
$8,000.00
$ -
$ -
35
2575.504
EROSION CONTROL BLANKET
SQ YD
1,460
$2.50
$
$
36
2582.501
PARKING LOT STALL AND SYMBOL AT
LS
1
$925.00
$
$
ADA STALL
37
2582.604
ACRYLIC COLOR SURFACING (FOR
SQ YD
1,105
$12.00
$
$
COURT
TOTAL BASE BID
CONTRACT CHANGES
Page 4 of 4
$ 123,077.00 $ 123,077.00
TOTAL $ 123,077.00 $ 123,077.00
CONSENT ITEM — 6L
, AZEN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
David Perrault, City Administrator
FROM: Todd Blomstrom, Interim Public Works Director/City Engineer
SUBJECT: Professional Services Agreement with HR Green for Shorewood Drive and
Grant Road Drainage Improvements
Budgeted Amount: Actual Amount: Funding Sources:
N/A $16,825 Surface Water
Council Should Consider
Authorization of two professional services agreements with HR Green for the following two
projects:
■ Survey and storm sewer improvements study along Shorewood Drive in the amount not
to exceed $11,650.00.
■ Survey and Existing Stormwater Overflow Path Assessment for Grant Road and Fairview
Avenue in the amount not to exceed $5,175.00.
Background/Discussion
The City Council work session on September 9, 2019 included an agenda item regarding existing
drainage issues and local flooding at two locations. The first location includes the northern
portion of Shorewood Drive having insufficient storm sewer capacity. The second location
includes the intersection of Grant Road and Fairview Drive based on concerns that a drainage
emergency overflow path does not exist below the lowest floor elevation of adjacent homes.
The City Council reviewed the existing configuration of storm sewer at the two locations and
discussed the need for survey and planning work to identify a drainage solutions. Staff was
directed to obtain a proposal from HR Green to complete the survey and study work.
A professional services proposal and agreement to conduct a topographic survey, develop a
hydraulic model for existing storm sewer, review alternatives, and provide recommendations to
resolve the local flooding issues along Shorewood Drive as provided in Attachment A. A
Page 1 of 2
proposal to conduct survey and flow path analysis work for Grant Road is provided in
Attachment B. Staff recommends approval of the agreement with HR Green.
Budget Impact
These items are currently not budgeted, but the costs will be covered by user charges in the
Surface Water Management Fund. They have been included in the cash flow analysis for the
CIP.
Attachments
Attachment A — Professional Services Proposal and Agreement for Shorewood Drive
Attachment B - Professional Services Proposal and Agreement for Grant Road & Fairview Ave
Page 2 of 2
Attachment A
D 2550 University Ave. West, Suite 40ON ISt. Paul, MN 55105
Main 651.644.4389 + Fax 651.644.9446
HRGreen
October 21, 2019
Todd Blomstrom
1245 Hwy 96 W
Arden Hills, MN
55126
Subject: Shorewood Drive — Survey and Storm Sewer Improvements — Study Phase
Dear Todd:
Please consider this proposal to complete an analysis of the stormwater conveyance along Shorewood
Drive on the west side of the channel between Lake Johanna and Little Lake Johanna We propose to
evaluate the existing conditions and provide recommendations for improvements to the site in order to
minimize the surface flow impacts to private property. We will look at multiple alternatives, as detailed
below, and provide a recommended alternative to the City.
PROJECT UNDERSTANDING
The residents at 3203 Shorewood Drive have been experiencing excess overland flows onto their
property from the City street. There is an existing storm intake in the center of the road in front of the
house. The existing road has bituminous curb that keeps the runoff in the road and the road is graded
toward the center to divert flow into the intake. Unfortunately, the flooding that the homeowner has
been experiencing on their property indicates that the existing system is inadequate for conveying the
storm flows that arrive to the intake under heavy rains.
The City has requested HR Green complete a study of this site and determine potential options for
alleviating the overland flow issues. Alternatives to review include combinations of the following:
• Adding a surface overflow path between the existing homes either to the north or south of
Shorewood Drive
• Upsizing the outlet pipe between the intake and the channel
• Adding or upsizing inlets in front of or upstream of the affected property and potentially adding
or up-sizing storm pipes within the City right-of-way
PROJECT APPROACH
HR Green proposes to complete the following work tasks:
1. Project Management
2. Topographic and Storm Sewer Survey
a. See attached map of proposed survey area
3. Existing Data Collection
a. Obtain and review available project information from the City including, but not limited to:
i. AutoCAD or Microstation files
HRGreen
ii. GIS shapefiles
iii. As -built plans of the road and storm sewer within the project area
4. Existing Conditions Analysis
a. Create a hydrologic and hydraulic model of the existing storm sewer network to
determine its performance
b. Identify current City storm sewer design standards, and locate deficiencies, if present.
5. Alternatives Analysis and Recommendations
a. Identify locations of stormwater conveyance improvements
b. Prepare a planning level Engineer's Opinion of Probable Cost (EOPC) for up to 3
alternatives with a 30% contingency
c. Provide a memo outlining findings and recommendations to the City
d. Hold one (1) draft review meeting with the City to discuss recommendations
e. Prepare a final memo incorporating City comments
ASSUMPTIONS
Under this scope, HR Green has made the following assumptions:
1. The recommendations and data provided in this analysis are considered preliminary and not
considered final design.
2. HR Green will receive one set of review comments from the City during the draft review
meeting, additional rounds of comments are not expected as part of this scope.
DELIVERABLES
HR Green will provide the following deliverables:
1. Written report detailing the following:
a. Storm sewer design standards and identified deficiencies (if any)
b. Stormwater conveyance improvement locations
c. EOPC for up to 3 alternatives
d. Recommended alternative for design
SCHEDULE
1. Arden Hills authorizes HR Green to begin - TBD
2. Draft memo review meeting — within 2 months of obtaining the available data from the City
3. Final memo — within 2 weeks of draft memo review meeting
ADDITIONAL SERVICES
Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement
HR Green could furnish or obtain from others the following services:
1. Geotechnical services.
2. Permitting services.
3. Design, bidding or construction services.
HRGreen
CLIENT RESPONSIBILITIES
Arden Hills shall provide the following items:
1. Provide available data on the infrastructure in the project area.
2. Provide a single point of communication for the purpose of project coordination, deliverable
review and comment.
PROJECT TEAM
Key staff who will be involved in the design work are located within the HR Green St. Paul office. The
HR Green team includes the following personnel:
Project Manager & Lead Engineer: Bridget Osborn, PE, CFM
Technical Advisor — QA/QC: Teresa Stadelmann, PE, CFM
Staff Engineer: Jake Krukowski, EIT
LEVEL OF EFFORT
The total fee for this work will be billed in accordance with the terms of the contract as indicated on the
Professional Services Agreement to which this scope and schedule of services is attached.
Thank you for the opportunity to work with the City on this project. We will strive to not only address
your issues, but also provide practical solutions that considers available City resources. Please contact
Bridget Osborn at 651-659-7773 with any comments or questions you may have.
HR Green, Inc.
Bridget Osborn, PE, CFM
Project Manager
Irk
+ I E
HRGreenm
PROFESSIONAL SERVICES AGREEMENT
For
Shorewood Drive
Survey and Stormwater Conveyance Improvements
Study Phase
Todd Blomstrom, Interim Public Works Director / City Engineer
City of Arden Hills, MN
1245 Highway 96 West
Arden Hills, MN 55112
651-792-7846
Bridget Osborn, PE — Project Manager — 651-659-7773
Chris Harrington, PE — Client Service Manager — 651-659-7760
HR Green, Inc.
2550 University Ave W, Suite 40ON
Saint Paul, MN 55114
HR Green Project Number: 191557
10/21/19
Version 2.1 02212019
TABLE OF CONTENTS
1.0 PROJECT UNDERSTANDING
2.0 SCOPE OF SERVICES
3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT
4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES
5.0 SERVICES BY OTHERS
6.0 CLIENT RESPONSIBILITIES
7.0 PROFESSIONAL SERVICES FEE
8.0 TERMS AND CONDITIONS
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HRGreen,.
THIS AGREEMENT is between The City of Arden Hills, MN (hereafter "CLIENT") and HR
GREEN, INC. (hereafter "COMPANY").
1.0 Project Understanding
See attached scope and schedule of services.
2.0 Scope of Services
See attached scope and schedule of services.
3.0 Deliverables and Schedules Included in this Agreement
See attached scope and schedule of services.
The schedule was prepared to include reasonable allowances for review and approval times
required by the CLIENT and public authorities having jurisdiction over the project. This
schedule shall be equitably adjusted as the project progresses, allowing for changes in the
scope of the project requested by the CLIENT or for delays or other causes beyond the
control of COMPANY.
4.0 Items not included in Agreement/Supplemental Services
The following items are not included as part of this agreement:
See attached scope and schedule of services.
Supplemental services not included in the agreement can be provided by COMPANY under
separate agreement, if desired.
5.0 Services by Others
N/A
6.0 Client Responsibilities
See attached scope and schedule of services.
7.0 Professional Services Fee
7.1 Fees
The fee for services will be based on COMPANY standard hourly rates current at the time
the Agreement is signed. These standard hourly rates are subject to change upon 30 days'
written notice. Non -salary expenses directly attributable to the project such as: (i) living and
traveling expenses of employees when away from the home office on business connected
with the project; (ii) identifiable communication expenses; (iii) identifiable reproduction costs
applicable to the work; and (iv) outside services will be charged in accordance with the rates
current at the time the service is done.
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7.2 Invoices
Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall
be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may,
without waiving any claim or right against the CLIENT, and without liability whatsoever to
the CLIENT, suspend or terminate the performance of services. The retainer shall be
credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject
to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In
the event that any portion of an account remains unpaid 60 days after the billing, COMPANY
may institute collection action and the CLIENT shall pay all costs of collection, including
reasonable attorney's fees.
7.3 Extra Services
Any service required but not included as part of this Agreement shall be considered extra
services. Extra services will be billed on a Time and Material basis with prior approval of
the CLIENT.
7.4 Exclusion
This fee does not include attendance at any meetings or public hearings other than those
specifically listed in the Scope of Services. These service items are considered extra and
are billed separately on an hourly basis.
7.5 Payment
The CLIENT AGREES to pay COMPANY on the following basis:
Time and material basis with a Not to Exceed fee of $11,650.
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8.0 Terms and Conditions
The following Terms and Conditions are incorporated into this Agreement and made a part of it.
8.1 Standard of Care
Services provided by COMPANY under this Agreement will be performed in a manner consistent with that
degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same
time and in the same or similar locality.
8.2 Entire Agreement
This Agreement and its attachments constitute the entire understanding between CLIENT and COMPANY
relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or
representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this
Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents,
or employees request COMPANY to perform extra services pursuant to this Agreement, CLIENT will pay for the
additional services even though an additional written agreement is not issued or signed.
8.3 Time Limit and Commencement of Services
This Agreement must be executed within ninety (90) days to be accepted under the terms set forth herein. The
services will be commenced immediately upon receipt of this signed Agreement.
8.4 Suspension of Services
If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar
days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated
for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In
addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as
a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the
remainder of the Project shall be equitably adjusted.
If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the
COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the
CLIENT.
If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five
(5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT and the CLIENT
agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this
Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or
curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume
services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of
the suspension.
8.5 Books and Accounts
COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses
for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination
by CLIENT at the corporate office of COMPANY during that time.
8.6 Insurance
COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General
Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance
caused by the negligent performance by COMPANY's employees of the functions and services required under
this Agreement.
8.7 Termination or Abandonment
Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further
services under this Agreement may be terminated upon seven (7) days' written notice. If any portion of the
services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in
regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated
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or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services
performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase
completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs.
8.8 Waiver
COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not
constitute a waiver of any other term, condition, or covenant, or the breach thereof.
8.9 Severability
If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of
competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force
and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein.
8.10 Successors and Assigns
All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties
hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement
shall be made without written consent of the parties to this Agreement.
8.11 Third -Party Beneficiaries
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of
a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are
being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the
COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The
CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors,
sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision.
8.12 Governing Law and Jurisdiction
The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity,
interpretation and performance shall be governed by the laws of the State of Minnesota without regard to any
conflict of law provisions, which may apply the laws of other jurisdictions.
It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement
or the performance of the services shall be brought in a court of competent jurisdiction in the State of Minnesota.
8.13 Dispute Resolution
Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or
following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising
out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually
agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all
agreements with independent contractors and consultants retained for the project and to require all independent
contractors and consultants also to include a similar mediation provision in all agreements with subcontractors,
sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for
dispute resolution between the parties to those agreements.
8.14 Attorney's Fees
If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such
litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto.
In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of
justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith.
8.15 Ownership of Instruments of Service
All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other
documents including all documents on electronic media prepared by COMPANY as instruments of service shall
remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following
completion/submission of the records, during which period they will be made available to the CLIENT at all
reasonable times.
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8.16 Reuse of Documents
All project documents including, but not limited to, plans and specifications furnished by COMPANY under this
project are intended for use on this project only. Any reuse, without specific written verification or adoption by
COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless
COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting
therefrom.
Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the
COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness
for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as
a result of the CLIENT's use or reuse of the electronic files.
8.17 Failure to Abide by Design Documents or To Obtain Guidance
The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should
COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure
to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies,
ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing
COMPANY'S plans, specifications or other Instruments of Service. Accordingly, the CLIENT waives any claim
against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury
or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to
obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies,
ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications
or other Instruments of Service. The CLIENT also agrees to compensate COMPANY for any time spent and
expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and
expense reimbursement policy.
8.18 Opinion of Probable Construction Cost
As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to
construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not
a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of
probable construction costs be considered equivalent to the nature and extent of service a construction cost
estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions
as to actual conditions that will be encountered on site; the specific decisions of other design professionals
engaged; the means and methods of construction the contractor will employ; the cost and extent of labor,
equipment and materials the contractor will employ; contractor's techniques in determining prices and market
conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which
must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact,
the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable
construction cost.
8.19 Design Information in Electronic Form
Because electronic file information can be easily altered, corrupted, or modified by other parties, either
intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its
ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT
shall retain copies of the work performed by COMPANY in electronic form only for information and use by
CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT
or transferred to any other party, for use in other projects, additions to this project, or any other purpose for
which the material was not strictly intended by COMPANY without COMPANY's express written permission.
Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore,
the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages,
losses, expenses, and attorney's fees arising out of the modification or reuse of these materials.
The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to
computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or
uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the
completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during
which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance
with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall
submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the
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submitted electronic materials shall be subject to separate Agreement. The CLIENT is aware that differences
may exist between the electronic files delivered and the printed hard -copy construction documents. In the event
of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the
signed or sealed hard -copy construction documents shall govern.
8.20 Information Provided by Others
The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and
instructions required by this Agreement. The COMPANY may use such information, requirements, reports,
data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and
completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise
as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants
and contractors.
COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic
media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The
CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any
damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected
in any way with the services performed by other consultants engaged by the CLIENT.
COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a
topographic survey provided by others will not be done under this Agreement unless indicated in the Scope of
Services.
8.21 Force Majeure
The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any
delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY,
its consultants, agents, and employees harmless from any and all liability, other than that caused by the
negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of
this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather
disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any
government agency to act in a timely manner; failure of performance by the CLIENT or the CLIENT'S contractors
or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather
disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice.
In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to
perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable
adjustment in schedule and compensation.
8.22 Job Site Visits and Safety
Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub -
consultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,
duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or
procedures necessary for performing, superintending or coordinating all portions of the work of construction in
accordance with the contract documents and any health or safety precautions required by any regulatory
agencies. COMPANY and its personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or any health or safety precautions.
The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this
intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also
agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made
additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and
non-contributory basis.
8.23 Hazardous Materials
CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or
existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or
any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in
connection with or related to this project with respect to which COMPANY has been retained to provide
professional engineering services. The compensation to be paid COMPANY for said professional engineering
services is in no way commensurate with, and has not been calculated with reference to, the potential risk of
injury or loss which may be caused by the exposure of persons or property to such substances or conditions.
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Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its
officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and
expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs,
arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes,
acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or
into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses,
objects, or any tangible or intangible matter, whether sudden or not.
It is acknowledged by both parties that COMPANY'S scope of services does not include any services related to
asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or
hazardous or toxic materials at the job site, or should it become known in any way that such materials may be
present at the job site or any adjacent areas that may affect the performance of COMPANY'S services,
COMPANY may, at its option and without liability for consequential or any other damages, suspend performance
of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify,
abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full
compliance with applicable laws and regulations.
Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume
the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the
Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute
governing the generation, treatment, storage, and disposal of waste.
8.24 Certificate of Merit
The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against
COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an
independent design professional currently practicing in the same discipline as COMPANY and licensed in the
State in which the claim arises. This certification shall: a) contain the name and license number of the certifier;
b) specify each and every act or omission that the certifier contends is a violation of the standard of care
expected of a design professional performing professional services under similar circumstances; and c) state in
complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation.
This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation
of any claim or the institution of any judicial proceeding.
8.25 Limitation of Liability
In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks
have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of
the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -
consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from
any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total
aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders,
owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered
on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of
action however alleged or arising, unless otherwise prohibited by law.
8.37 Municipal Advisor
The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as
defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal
entity as defined by said Act, and the CLIENT requires project financing information for the services performed
under this Agreement, the CLIENT will provide the COMPANY with a letter detailing who their independent
registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can
be provided to the CLIENT upon request.
This Agreement is approved and accepted by the CLIENT and COMPANY upon both parties
signing and dating the Agreement. Services will not begin until COMPANY receives a signed
agreement. COMPANY's services shall be limited to those expressly set forth in this Agreement
and COMPANY shall have no other obligations or responsibilities for the Project except as agreed
to in writing. The effective date of the Agreement shall be the last date entered below.
Version2.1 02212019
HRGreenm
Sincerely,
HR GREEN, INC.
Approved by:
Printed/Typed Name: Chris Harri
Title: Client Service Manaaer / Associate Date:
City of Arden Hills, MN
Accepted by:
Printed/Typed Name:
Title:
Date:
Professional Services Agreement
Page 8 of 8
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Attachment B
D2550 University Ave. West, Suite40ON ISt. Paul, MN 55105 D HRGREEN.CO
Main 651.644.4389 + Fax 651.644.9446
HRGreen
October 23, 2019
Todd Blomstrom
1245 Hwy 96 W
Arden Hills, MN
55126
Subject: Grant Road and Fairview Ave — Survey and Existing Stormwater Overflow Path Assessment
Dear Todd:
Please consider this proposal to complete a survey of the existing stormwater overflow path for the
water that begins pooling at the intersection of Grant Rd and Fairview Ave under heavy rains. We
propose to evaluate the existing conditions and summarize our results and conclusions in a memo.
PROJECT UNDERSTANDING
Prior to, and since, the reconstruction of Grant Rd in 2015, residents have been experiencing excess
overland flows onto their property from the City streets, specifically, at the corner of Grant Rd and
Fairview Ave. The natural flow path in the neighborhood is to the east toward Lake Johanna through
the properties between Fairview Ave and the lake.
With the 2015 reconstruction, additional storm inlets, storm sewer pipes and curb cut rain gardens were
added to improve stormwater capture and conveyance. This new system was placed along the street
footprint and connected into the existing 18" pipe that conveys the stormwater from Fairview Ave to the
inlets along Lake Johanna Blvd, and ultimately to Lake Johanna. Although more surface capture inlets
were added, there were no upgrades to the existing outlet pipe, and area residents still experience
street overflow onto their property. The City has requested HR Green complete a topographic survey of
this site and to report our conclusions in a memo.
PROJECT APPROACH
HR Green proposes to complete the following work tasks:
1. Project Management
2. Topographic Survey & Base Map
a. See attached map of proposed survey area
3. Existing Stormwater Overflow Path Memo
a. Identify the existing stormwater overflow path for excess flows that begin at the
intersection of Grant Road and Fairview Ave
b. Provide a memo outlining findings to the City
c. Hold one (1) meeting with the City to discuss conclusions
HRGreen
ASSUMPTIONS
Under this scope, HR Green has made the following assumptions:
1. The City is not expecting an alternatives analysis for this phase, but will consider further
evaluation after completion of this phase.
DELIVERABLES
HR Green will provide the following deliverables:
1. Base map of existing topography
2. Memo describing current stormwater overflow path with a brief discussion of alternatives that
could be considered for future evaluation
SCHEDULE
1. Arden Hills authorizes HR Green to begin - TBD
2. Final memo review meeting — within 6 weeks of authorization
ADDITIONAL SERVICES
Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement
HR Green could furnish or obtain from others the following services:
1. Utility Survey
2. Alternatives analysis
3. Geotechnical services
4. Permitting services
5. Design, bidding or construction services
CLIENT RESPONSIBILITIES
Arden Hills shall provide the following items:
1. A single point of communication for the purpose of project coordination, deliverable review and
comment.
PROJECT TEAM
Key staff who will be involved in the design work are located within the HR Green St. Paul office. The
HR Green team includes the following personnel:
Project Manager & Lead Engineer: Bridget Osborn, PE, CFM
Technical Advisor — QA/QC: Teresa Stadelmann, PE, CFM
Staff Engineer: Jake Krukowski, EIT
HRGreen
LEVEL OF EFFORT
The total fee for this work will be billed in accordance with the terms of the contract as indicated on the
Professional Services Agreement to which this scope and schedule of services is attached.
Thank you for the opportunity to work with the City on this project. Please contact Bridget Osborn at
651-659-7773 with any comments or questions you may have.
HR Green, Inc.
z'u� a�r
Bridget Osborn, PE, CFM
Project Manager
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HRGreenm
PROFESSIONAL SERVICES AGREEMENT
For
Grant Road and Fairview Ave
Survey and Existing Stormwater Overflow Path Assessment
Todd Blomstrom, Interim Public Works Director / City Engineer
City of Arden Hills, MN
1245 Highway 96 West
Arden Hills, MN 55112
651-792-7846
Bridget Osborn, PE — Project Manager — 651-659-7773
Chris Harrington, PE — Client Service Manager — 651-659-7760
HR Green, Inc.
2550 University Ave W, Suite 40ON
Saint Paul, MN 55114
HR Green Project Number: 181749
10/23/19
Version 2.1 02212019
TABLE OF CONTENTS
1.0 PROJECT UNDERSTANDING
2.0 SCOPE OF SERVICES
3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT
4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES
5.0 SERVICES BY OTHERS
6.0 CLIENT RESPONSIBILITIES
7.0 PROFESSIONAL SERVICES FEE
8.0 TERMS AND CONDITIONS
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HRGreen.
THIS AGREEMENT is between The City of Arden Hills, MN (hereafter "CLIENT") and HR
GREEN, INC. (hereafter "COMPANY").
1.0 Project Understanding
See attached scope and schedule of services.
2.0 Scope of Services
See attached scope and schedule of services.
3.0 Deliverables and Schedules Included in this Agreement
See attached scope and schedule of services.
The schedule was prepared to include reasonable allowances for review and approval times
required by the CLIENT and public authorities having jurisdiction over the project. This
schedule shall be equitably adjusted as the project progresses, allowing for changes in the
scope of the project requested by the CLIENT or for delays or other causes beyond the
control of COMPANY.
4.0 Items not included in Agreement/Supplemental Services
See attached scope and schedule of services.
Supplemental services not included in the agreement can be provided by COMPANY under
separate agreement, if desired.
5.0 Services by Others
N/A
6.0 Client Responsibilities
See attached scope and schedule of services.
7.0 Professional Services Fee
7.1 Fees
The fee for services will be based on COMPANY standard hourly rates current at the time
the Agreement is signed. These standard hourly rates are subject to change upon 30 days'
written notice. Non -salary expenses directly attributable to the project such as: (i) living and
traveling expenses of employees when away from the home office on business connected
with the project; (ii) identifiable communication expenses; (iii) identifiable reproduction costs
applicable to the work; and (iv) outside services will be charged in accordance with the rates
current at the time the service is done.
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7.2 Invoices
Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall
be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may,
without waiving any claim or right against the CLIENT, and without liability whatsoever to
the CLIENT, suspend or terminate the performance of services. The retainer shall be
credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject
to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In
the event that any portion of an account remains unpaid 60 days after the billing, COMPANY
may institute collection action and the CLIENT shall pay all costs of collection, including
reasonable attorney's fees.
7.3 Extra Services
Any service required but not included as part of this Agreement shall be considered extra
services. Extra services will be billed on a Time and Material basis with prior approval of
the CLIENT.
7.4 Exclusion
This fee does not include attendance at any meetings or public hearings other than those
specifically listed in the Scope of Services. These service items are considered extra and
are billed separately on an hourly basis.
7.5 Payment
The CLIENT AGREES to pay COMPANY on the following basis:
Time and material basis with a Not to Exceed fee of $5,175.
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8.0 Terms and Conditions
The following Terms and Conditions are incorporated into this Agreement and made a part of it.
8.1 Standard of Care
Services provided by COMPANY under this Agreement will be performed in a manner consistent with that
degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same
time and in the same or similar locality.
8.2 Entire Agreement
This Agreement and its attachments constitute the entire understanding between CLIENT and COMPANY
relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or
representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this
Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents,
or employees request COMPANY to perform extra services pursuant to this Agreement, CLIENT will pay for the
additional services even though an additional written agreement is not issued or signed.
8.3 Time Limit and Commencement of Services
This Agreement must be executed within ninety (90) days to be accepted under the terms set forth herein. The
services will be commenced immediately upon receipt of this signed Agreement.
8.4 Suspension of Services
If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar
days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated
for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In
addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as
a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the
remainder of the Project shall be equitably adjusted.
If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the
COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the
CLIENT.
If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five
(5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT and the CLIENT
agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this
Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or
curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume
services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of
the suspension.
8.5 Books and Accounts
COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses
for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination
by CLIENT at the corporate office of COMPANY during that time.
8.6 Insurance
COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General
Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance
caused by the negligent performance by COMPANY's employees of the functions and services required under
this Agreement.
8.7 Termination or Abandonment
Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further
services under this Agreement may be terminated upon seven (7) days' written notice. If any portion of the
services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in
regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated
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or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services
performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase
completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs.
8.8 Waiver
COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not
constitute a waiver of any other term, condition, or covenant, or the breach thereof.
8.9 Severability
If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of
competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force
and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein.
8.10 Successors and Assigns
All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties
hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement
shall be made without written consent of the parties to this Agreement.
8.11 Third -Party Beneficiaries
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of
a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are
being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the
COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The
CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors,
sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision.
8.12 Governing Law and Jurisdiction
The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity,
interpretation and performance shall be governed by the laws of the State of Minnesota without regard to any
conflict of law provisions, which may apply the laws of other jurisdictions.
It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement
or the performance of the services shall be brought in a court of competent jurisdiction in the State of Minnesota.
8.13 Dispute Resolution
Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or
following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising
out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually
agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all
agreements with independent contractors and consultants retained for the project and to require all independent
contractors and consultants also to include a similar mediation provision in all agreements with subcontractors,
sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for
dispute resolution between the parties to those agreements.
8.14 Attorney's Fees
If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such
litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto.
In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of
justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith.
8.15 Ownership of Instruments of Service
All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other
documents including all documents on electronic media prepared by COMPANY as instruments of service shall
remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following
completion/submission of the records, during which period they will be made available to the CLIENT at all
reasonable times.
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8.16 Reuse of Documents
All project documents including, but not limited to, plans and specifications furnished by COMPANY under this
project are intended for use on this project only. Any reuse, without specific written verification or adoption by
COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless
COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting
therefrom.
Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the
COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness
for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as
a result of the CLIENT's use or reuse of the electronic files.
8.17 Failure to Abide by Design Documents or To Obtain Guidance
The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should
COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure
to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies,
ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing
COMPANY'S plans, specifications or other Instruments of Service. Accordingly, the CLIENT waives any claim
against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury
or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to
obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies,
ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications
or other Instruments of Service. The CLIENT also agrees to compensate COMPANY for any time spent and
expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and
expense reimbursement policy.
8.18 Opinion of Probable Construction Cost
As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to
construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not
a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of
probable construction costs be considered equivalent to the nature and extent of service a construction cost
estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions
as to actual conditions that will be encountered on site; the specific decisions of other design professionals
engaged; the means and methods of construction the contractor will employ; the cost and extent of labor,
equipment and materials the contractor will employ; contractor's techniques in determining prices and market
conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which
must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact,
the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable
construction cost.
8.19 Design Information in Electronic Form
Because electronic file information can be easily altered, corrupted, or modified by other parties, either
intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its
ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT
shall retain copies of the work performed by COMPANY in electronic form only for information and use by
CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT
or transferred to any other party, for use in other projects, additions to this project, or any other purpose for
which the material was not strictly intended by COMPANY without COMPANY's express written permission.
Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore,
the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages,
losses, expenses, and attorney's fees arising out of the modification or reuse of these materials.
The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to
computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or
uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the
completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during
which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance
with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall
submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the
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submitted electronic materials shall be subject to separate Agreement. The CLIENT is aware that differences
may exist between the electronic files delivered and the printed hard -copy construction documents. In the event
of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the
signed or sealed hard -copy construction documents shall govern.
8.20 Information Provided by Others
The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and
instructions required by this Agreement. The COMPANY may use such information, requirements, reports,
data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and
completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise
as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants
and contractors.
COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic
media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The
CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any
damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected
in any way with the services performed by other consultants engaged by the CLIENT.
COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a
topographic survey provided by others will not be done under this Agreement unless indicated in the Scope of
Services.
8.21 Force Majeure
The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any
delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY,
its consultants, agents, and employees harmless from any and all liability, other than that caused by the
negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of
this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather
disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any
government agency to act in a timely manner; failure of performance by the CLIENT or the CLIENT'S contractors
or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather
disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice.
In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to
perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable
adjustment in schedule and compensation.
8.22 Job Site Visits and Safety
Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub -
consultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,
duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or
procedures necessary for performing, superintending or coordinating all portions of the work of construction in
accordance with the contract documents and any health or safety precautions required by any regulatory
agencies. COMPANY and its personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or any health or safety precautions.
The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this
intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also
agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made
additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and
non-contributory basis.
8.23 Hazardous Materials
CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or
existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or
any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in
connection with or related to this project with respect to which COMPANY has been retained to provide
professional engineering services. The compensation to be paid COMPANY for said professional engineering
services is in no way commensurate with, and has not been calculated with reference to, the potential risk of
injury or loss which may be caused by the exposure of persons or property to such substances or conditions.
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Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its
officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and
expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs,
arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes,
acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or
into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses,
objects, or any tangible or intangible matter, whether sudden or not.
It is acknowledged by both parties that COMPANY'S scope of services does not include any services related to
asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or
hazardous or toxic materials at the job site, or should it become known in any way that such materials may be
present at the job site or any adjacent areas that may affect the performance of COMPANY'S services,
COMPANY may, at its option and without liability for consequential or any other damages, suspend performance
of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify,
abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full
compliance with applicable laws and regulations.
Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume
the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the
Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute
governing the generation, treatment, storage, and disposal of waste.
8.24 Certificate of Merit
The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against
COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an
independent design professional currently practicing in the same discipline as COMPANY and licensed in the
State in which the claim arises. This certification shall: a) contain the name and license number of the certifier;
b) specify each and every act or omission that the certifier contends is a violation of the standard of care
expected of a design professional performing professional services under similar circumstances; and c) state in
complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation.
This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation
of any claim or the institution of any judicial proceeding.
8.25 Limitation of Liability
In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks
have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of
the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -
consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from
any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total
aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders,
owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered
on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of
action however alleged or arising, unless otherwise prohibited by law.
8.37 Municipal Advisor
The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as
defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal
entity as defined by said Act, and the CLIENT requires project financing information for the services performed
under this Agreement, the CLIENT will provide the COMPANY with a letter detailing who their independent
registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can
be provided to the CLIENT upon request.
This Agreement is approved and accepted by the CLIENT and COMPANY upon both parties
signing and dating the Agreement. Services will not begin until COMPANY receives a signed
agreement. COMPANY's services shall be limited to those expressly set forth in this Agreement
and COMPANY shall have no other obligations or responsibilities for the Project except as agreed
to in writing. The effective date of the Agreement shall be the last date entered below.
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HRGreenm
Sincerely,
HR GREEN, INC.
Approved by:
Printed/Typed Name: Chris Harri
Title: Client Service Manaaer / Associate Date:
City of Arden Hills, MN
Accepted by:
Printed/Typed Name:
Title:
Date:
Professional Services Agreement
Page 8 of 8
Version2.1 02212019
PUBLIC HEARINGS — 8A
,-ARZEN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Mike Mrosla, Community Development Manager/City Planner
Jane Kansier, AICP, Planning Consultant
SUBJECT: Planning Case #19-014 — Public Hearing Required
Applicant: ISD #621: Mounds View Public Schools
Property Location: 1901 Lake Valentine Road
Request: Interim Use Permit
Budgeted Amount: Actual Amount: Funding Source:
NA NA NA
Council Should Consider
Hold the required public hearing for the proposed Interim Use Permit. The City Council will be asked to
make a formal decision regarding the application under Agenda Item 9A.
Background
Mounds View Public Schools has applied for an Interim Use Permit (IUP) to allow the existing building
on the property at 1901 Lake Valentine Road to be temporarily used as the weight room/fitness center for
Mounds View High School. This property is zoned R-1, Single Family Residential and is part of the
Mounds View High School Planned Unit Development.
When construction of the high school improvements began, the School District realized they did not have
an interim location for the weight room/fitness center. This room is generally used for fitness and weight
training as part of the overall health and wellness curriculum. The school officials looked for a temporary
location and decided to use the existing building at 1901 Lake Valentine Road. The School District
worked with the Fire Marshall and building inspections staff to bring the space into conformance with
building and life safety codes. During that time school and planning staff met to discuss approval
options. As a result, the school district has submitted this application for an IIP. A temporary certificate
of occupancy has been issued, pending City Council approval of the IUP.
City of Arden Hills
City Council Meeting for October 28, 2019
P: 0anning0anning Cases12019119-014-MVHS IUP
Page 1 of 4
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At this time, the applicant is applying for an IUP to allow the use of the
existing building at 1901 Lake Valentine Road for a weight room/fitness
center until October 1, 2020 (see Attachment A). The weight room is
approximately 40' by 80' and is located in the southwest corner of the
existing building. The remaining portion of the building is used for
storage. Fire -rated sheetrock walls have been constructed around the
weight room to meet building and fire code requirements. The room
functions as part of Mounds View High School, so no additional
parking spaces are required (see Figure 2 and Attachment B). No
external changes to the building are proposed.
The Applicant has provided a general statement of the future use of the
building once the IUP has expired (see Attachment Q. This use
includes storage of vehicles and equipment. The School District will
review and prioritize upgrades to the building and grounds as part of
their long-term facility planning process.
City of Arden Hills
City Council Meeting for October 28, 2019
P: 0anning0anning Cases12019119-014-MVHS IUP
Page 2 of 4
Figure 2
Interim Use Permit (IUP) Process:
Interim Use Permits are intended to allow uses that may be appropriate in a zoning district on a temporary
basis, provided specific conditions are met. The IUP process is dictated by Section 1355.04, Subd. 7, of
the City Code. According to this section, the purpose and intent of an NP is:
1. To allow a use that is presently acceptable, but that with anticipated development or
redevelopment, will not be acceptable in the future or will be replaced by a permitted or
conditional use allowed within the respective zoning district.
2. To allow a use which is reflective of anticipated long range change to an area and which is in
compliance with the Comprehensive Plan provided that said use maintains harmony and
compatibility with surrounding uses and is in keeping with the architectural character and design
standards of existing uses and development.
IUP Permit Evaluation — Section 1355.04, Subd. 7
Section 1355.04, Subd. 7, D lists the criteria to be used to evaluate an 1UP. The City Council must make
findings of fact for the 12 criteria listed below. The applicant has addressed these finding in Attachment
D.
1. The use is allowed as an interim use in the underlying zoning district and conforms to the zoning
regulations;
2. Permission of the interim use will not impose additional costs on the public if it is necessary for the
public to take the property in the future;
3. The use will not adversely impact nearby properties through nuisance, noise, dust, glare, or
unsightliness, and will not otherwise adversely impact the health, safety, and welfare of the
community;
4. The use will not adversely impact traffic and parking;
5. The use will not adversely impact implementation of future amendment to the City's Comprehensive
Plan;
6. The date or event that will terminate the use is identified with certainty;
7. The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant,
and/or user has no entitlement to an extension of the Interim Use Permit;
8. The user agrees to all conditions that the City Council deems appropriate for permission of the use
including the requirement of appropriate financial surety to cover the cost of removing the interim use
and any interim structures upon expiration of the interim use permit;
9. There are no delinquent property taxes, special assessments, interest, or City utility fees due upon the
subject parcel;
10. The term of the interim use does not exceed three (3) years;
11. The property has not been a recipient of a previous interim use permit. A property that has received
an interim use permit for an interim use listed in 1320.05, Land Use Chart, shall not be eligible for
another interim use permit of the same use;
12. Any special requirements in Section 1320 for a particular interim use are met.
Public Notice and Comments
Notice was published in the Arden Hills -Shoreview Bulletin on October 15, 2019. Notice was
prepared by the City and mailed to property owners within 500 feet of the subject property. Staff
City of Arden Hills
City Council Meeting for October 28, 2019
P: 0anninglPlanning Cases120M19-014-MVHS IUP
Page 3 of 4
has not received any letters, e-mails, or telephone calls from property owners or residents in
regard to this planning case.
Attachments
A. Application
B. Building Plans
C. Future Building Plans
D. Applicant's Findings of Fact
E. October 9, 2019 - Planning Commission Memo
F. October 9, 2019 — Draft Planning Commission Meeting Minutes
City of Arden Hills
City Council Meeting for October 28, 2019
P: 0anning0anning Cases12019119-014-MVHS IUP
Page 4 of 4
,ARZEEN HILLS
1245 West Highway 96
Arden Hills, Minnesota 55112
Telephone (651) 792-7800
Fax (651) 634-5137
www.cityofardenhills.org
Attachment A
Planning Case No. 19- (3\q
Submittal Date
Application Completed Date
Accepted by
Receipt Number
Council Decision
Council Decision Date
2019 LAND USE APPLICATION
Applicant Information
Applicant` Mounds View Schools District 621
Address: 4570 Victoria Street North Shoreview, MN 55126
Telephone No.: 651-621-6001 Other:
Fax No.: Mounds View
_H School School 651- 621 - 7105
Email Address: CarOle.nielSen moundsviewschools.orq-
Property Information
__Property_ Owner: Mounds View School District 621
Owner Address: 4570 Victoria Street North Shoreview, MN 55126
Owner Telephone No. 651-621-6001 T ` Other:651-621-7124
Address of Property involved: 1901 Lake Valentine Road Arden Hills MN 55112
Legal Description: Section 21 Town 30 Range 23
Property ID No.: 213023340005
Type of Use:
Zone:
Type of Request
❑ Comprehensive Plan Amendment (Fee: $500 +
Escrow: $1,000)
XConditional Use or Interim Use Permit/CUP or IUP
A'mendment (Fee: $350 + Escrow: $1,000)
❑ Preliminary Plat (Fee: $500 + Escrow: $1,000)
❑ Final Plat (Fee: $500 + Escrow: $1,000)
❑ Concept Plan Review (Fee: $150 + Escrow:
$1,000)
❑ Master Planned Unit Develoonlent or Master Special
Development Plan (Fee: $31,'50 + Escrow: $1,000)
❑ Final Planned Unit Development or Final Special
Development Plan (Fee: $350 + Escrow: $1,000)
❑ Planned Unit Development Amendment or Special
Develo ment Plan Amendment (Fee: $350 + Escrow:
$1,000
❑ Site Plan Review (Fee: $350 + Escrow: $1,000)
Property Acreage: 9.03
❑ Rezoning or TCAAP Regulating Plan Amendment
(Fee: $350 + Escrow: $1,000)
❑ Zoning Code or TCAAP Redevelopment Code
Amendment (Fee: $350 + Escrow: $1,000)
❑ City Code Amendment (Fee: $350 + Escrow:
$1,000)
❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts
Only) (Fee: $350 + Escrow: $1,000)
❑ Variance or Permitted Adjustment (Fee: $350 +
Escrow: $1,000)
❑ Vacation of Easement or Right -of -Way (Fee: $150 +
Escrow: $1,000)
❑ Appeal of Administrative Decision (Fee: $150 +
Escrow: $1,000)
❑ Land Use Requests — Not Already Specified (Fee:
$150 + Escrow: $1,000
Page 1 of 3
Brief Description of Request (please also include a typed detailed letter explaining the project):
Use of the SW corner of the building as a weight room / fitness center for the
duration of the 19 - 20 school year - summer weight training with the anticipation of
being in our new fitness center no later than Oct. 1 st 2020
*IMPORTANT*
• Certain applications are subject to review and approval by the Rice Creek Watershed
District. Contact RCWD directly at 763-398-3070 for additional information.
• The land use application fees do not cover building, sign, or other permit fees that
may be required upon approval of a land use application.
• All applications will be subject to additional fees for reimbursement of consultant costs
associated with filing, reviewing, and processing of application in the form of an
escrow to the City.
Filinq & Information Requirements
The City requests that you make a pre -application meeting with the City Planner to discuss the application
process, requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified
survey of the property is required for all applications. A checklist with additional application requirements can be
found at www.cityofardenhills.oro/landuseapplications.
Complete/incomplete Applications
Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application
materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide
written comments on the application and may request plan revisions. If the application is determined to be
complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up
to 120 days. If not complete, the City may require plan revisions and/or additional information before the
application is scheduled for Planning Commission review and/or City Council action. Project will not be
scheduled for any meeting until the application submittal is found to be complete by the City Planner.
Payment of Fees and Escrows
The undersigned acknowledges that she/he understands that before a land use application can be deemed
complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs
incurred by the City related to the processing of this application. Each separate land use request shall be
charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in
reviewing and processing an application will be charged against the cash escrow and credited to the City.
Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and
mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount,
the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may
withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees
have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of
an approved plan. The escrow may be reduced or increased by the City Planner on a project by project basis.
Notice of Meeting Attendance
In order for the Planning Commission and the City Council to consider any application, the applicant or a
designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the
next available agenda.
Page 2 of 3
Meeting Schedule
Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at
6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held
typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City
of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules
below are for reference purposes only. Project will not be scheduled for any meeting until the application
submittal is found to be complete by the City Planner.
2019 Planning Commission and City Council Schedule (*subject to change)
TENTATIVE
PLANNING
COMMISSION
MEETING DATE*
(Generally held on the
first Wednesday after the first
Monday at 6:30 p.m.
TENTATIVE
CITY COUNCIL
MEETING
DATE*
(Generally held on the
fourth Monday at 7:00 p.m.)
January 9
January 28
February 6
February 25
March 6
March 25
April 3
Aril 22
May 8
May 28
June 5
June 24
July 10
July 22
August 7
August 26
September 4
September 23
October 9
October 28
November 6
November 25
December 4
Januar 14 2020
January 8 2020
Januar 27 2020
Acknowledgement and Signature
I hereby apply for the above consideration and declare that the information and materials submitted with this
application are complete and accurate per city code and ordinance requirements. I fully understand that I am
responsible for 11 costs incurred by the City related to the processing of this application.
Property Owner Signature (Required)
Applicant Signature (If different than the property owner)
Date
Date
Please contact the City Planner at 651-792-7800
if you have any questions regarding this application.
Additional copies of this application form are available on the City's website: www.citvofardenhills.orgllanduseapplications
Page 3 of 3
IN
D
A -A,. ro L—r,4 t / - o age
Permit No.
UPS 1=4
EN HILLS C 1245 WEST HIGHWAY96 ITY OF ARDEN HILLS *DANE ISSUED: 06/19/2019
ARDEN HILLS, MN 55112-5743
(651) 792-7800 FAX: (651) 634-5137
PROPERTY INFORMATION
ADDRESS :
1901 LAKE VALENTINE RD M
PERMIT TYPE
BUILDING
PIN :
213023340005
PROPERTY TYPE
COMMERCIAL
LEGAL DESC :
NONE
CONSTRUCTION TYPE
REMODEL
:
VALUATION :
LOT 000 BLOCK 000
$ 8,500.00
ACTIVITY
GARAGE
APPLICANT
MOUNDSVIEW DISTRICT
NO, 621, PUBLIC SCHOOLS
4570 VICTORIA STREET NORTH
ST PAUL, MN 55126-
(551) 621-6090
NOTE: TYPE OF WORK: MOUNDSVIEW HIGH SCHOOL - CHANGE GARAGE BAY 1 & 2 INTO TEMPORARY WEIGHT ROOM FROM 6-11-19/10/1/2020.
OWNER - CHRIS PAQUETTE - 651-775-8730 CELL OR 651-621-6090
*PLEASE REVIEW THE ATTACHED THE PLAN REVIEW COMMENTS PROVIDED BY CITY STAFF BEFORE PROCEEDING WITH YOUR PROJECT, CALL
KEVIN WHITE FOR INSPECTION -763-355-5801
OWNER
FEES
MOUNDSVIEW DISTRICT NO. 621, PUBLIC SCHOOLS BUILDING FEE
4570 VICTORIA STREET NORTH PLAN REVIEW FEE - BUILDING
ST PAUL, MN 55126 -
STATE SURCHARGE - BLDG VALUATION
TOTAL
AGREEMENT AND SWORN STATEMENT
The work for which this permit is issued shall be performed
according to: (1) the conditions of this permit; (2) the
approval plans and specifications; (3) the applicable City
approvals, Ordinances and Codes; and (4) the State Building
Code. This permit is for only the work described and does
not grant permission for additional or related work which
requires separate permits.
This permit will expire and become null and void if
construction authorized is not commenced within 180 days, of
if construction is suspended for a period of 180 days at any
time after work has commenced. The applicant is responsible
for assuring all required inspections are requested in
conformance with the State Building Code.
Payment(s)
CREDIT CARD 5739
SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.
149.75
97.34
4.25
251.34
251.34
PERMIT NO: 2019-00514
'It CITY OF ARDEN HILLS
1245 WEST HIGHWAY96 DATE ISSUED: 06/19/2019
EN HILLS ARDEN HILLS, MN 55112,5743
(651) 792-7800 FAX: (651) 634-5137
ADDRESS 1901 LAKE VALENTINE RD W PERMIT APPLICANT:
PERMIT TYPE BUILDING MOUNDSVIEW DISTRICT NO. 621, PUBLIC
PROPERTY TYPE COMMERCIAL 4570 VICTORIA STREET NORTH
CONSTRUCTION TYPE REMODEL ST PAUL, MN 55126-
(551) 621-6090
Call for Inspections : - Residential Building Inspector 651.792.7813
- Commercial - Building Official 651.792.7818
BUILDING INSPECTION RECORD
24 HOUR NOTICE REQUIRED FOR ALL INSPECTIONS.
CALL FOR INSPECTIONS WEEKDAYS
INSPECTION TYPE DATE INSPECTOR COMMENTS
BUILDING REVIEW
BUILDING REVIEW
FRAMING - RI
DRYWALL
�t
T wic GSA aL- IL It 41073- j67Z-O %2 -
FINAL
Vj T
4
IN ACCORDANCE WITH CITY ORDINANCE, NEW OR SUBSTANTIALLY REMODELED BUILDINGS SHALL NOT BE OCCUPIED UNTIL ALL
WORK HAS BEEN APPROVED, AND A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING DEPARTMENT.
THIS CARD MUST BE POSTED AND VISIBLE AT ALL TIMES UNTIL WORK IS COMPLETE.
L
4A
c9 -
j, 4
Inspections
763-355-5801
241. Hr. Nofic,�!
416
Mounds View
PUBLIC SCHOOLS
February 6, 2019
Mike Mrosla
City of Arden Hills
Arden Hills, MN 55112
Dear Mike,
Mounds View Public Schools recently acquired the property at 1901 Lake Valentine Road, in
Arden Hills, Minnesota. On the property currently sits an existing vehicle storage facility, used
by the former tenant of the site. There are no current plans to alter the function of the existing
storage facility. The likely near term uses will include District vehicle and equipment storage.
Please let me know if there are any questions.
Since �cly, %J
�c�✓
ohn Ward
Assistant Superintendent
c: Chris Lennox, Superintendent
4570 Victoria Street N • Shoreview, MN 55126-5800 • moundsviewschools,org • 651-621-6000
Attachment C
- Mounds View
PUBLIC SCHOOLS
September 30, 2019
City of Arden Hills
1245 W Highway 96
Arden Hills, MN 55112
Council Members:
Mounds View Public Schools is providing the following response with regards to the future use of 1901 Lake
Valentine Road.
e From now until Oct. 2020 the property at 1901 Lake Valentine Road will house our weight room and act
as a cold storage facility for the school district.
• No vehicles will park inside the facility during this time frame.
• If completion of the new weight room is completed prior to October 2020—we will move all equipment
and students back to campus.
Future usage may include:
o Cold storage
o Vehicle maintenance and storage
o Lawn equipment
o Snow equipment
Exterior of the building:
o As the building and grounds deteriorates, the district will identify and prioritize the needs within
the district's long-term facility plan.
o The district utilizes Long Term Facility Maintenance Revenue (LTFM) to provide the resources
necessary to address all deteriorating building and grounds.
o This funding and expenditures are guided by the Minnesota Department of Education (MDE) and
Minnesota statutes and will be followed by the District as facility needs arise.
If you have any questions please reach out to myself or Mike Schwartz at the high school.
Regards, j
aohn Ward
Assistant Superintendent
Human Resources and Operations
4570 Victoria Street N • Shoreview, MN 55126-5800 • moundsviewschools.org 0 651-621-6000
Attachment D
4 Mounds View
%HIGH SCHOOL
Mounds View Public Schools
DATE: September 16, 2019
TO: Mike Mrosla
FROM: Mike Schwartz
RE: Weight Room Space for MVHS Students
The following are answers to the questions proposed by the City of Arden Hills:
1. Will the issuance of an Interim Use Permit impose costs on the general public? None
2. Will the use adversely impact nearby properties? None — no disruptions
3. The use will not adversely impact traffic and parking? None
4. Why is this temporary use desired? The new facility is under construction with a
completion date of no later than October 1, 2020.
S. What is the proposed use? Weight room / fitness center
6. Who is utilizing the proposed use? MVHS students
7. What are the hours of operation? School days — hours vary — 8:35 AM to 4:30 PM
8. What life safety measures have been installed (i.e. fire system, security)? We have
achieved an occupancy permit from the City of Arden Hills and Lake Johanna Fire Marshal.
Security system, rated fire walls, updated egress have all been installed and approved.
9. Are there any plans to improve the exterior of the building? Yes — as the building
continues to deteriorate, the district will address the needs as they arrive.
10. The date or event that will terminate the use is identified with certainty? October 1,
2020, or the completion of the new weight room/fitness center, whichever comes first.
Please submit a general site plan showing where the proposed use is occurring in the subject
building with dimensions. See attached
This item may be expedited to October approval agendas, if an application and responses are
submitted by Wednesday, September 18, 2019.
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DATE:
TO:
FROM:
SUBECT:
,-iI�EN HILLS
MEMORANDUM
October 9, 2019
Planning Commission
Attachment E
PC Agenda Item 3A
Mike Mrosla, Community Development Manager/City Planner
Jane Kansier, AICP, Planning Consultant
Planning Case # 19-014 — Public Hearing Required
Applicant: ISD #621: Mounds View Public Schools
Property Location: 1901 Lake Valentine Road
Request: Interim Use Permit
Requested Action
Mounds View Public Schools has applied for an Interim Use Permit (IUP) to allow the existing
building on the property at 1901 Lake Valentine Road to be temporarily used as the weight
room/fitness center for Mounds View High School. This property is zoned R-1, Single Family
Residential and is part of the Mounds View High School Planned Unit Development.
Background
1. Existing Site Conditions:
The City Council approved a Planned Unit Development for Mounds View High School in May
2019. The approved PUD allowed for additions to the existing high school building and allowed
multiple lots to be treated as a single development (see Figure 1).
When the original PUD application was submitted, the Applicant intended to use the existing
building at 1901 Lake Valentine Road for cold storage. A more intensive use of the building may
be proposed at a later date. As a result, the City Council included the following as a condition of
approval of the PUD:
7. Any use of the existing building on the on PID 21302334005 other than cold storage will
require an amendment to the approved PUD. The existing structure shall comply with City
Code Chapter 14 and any other use of the building shall meet all applicable codes.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P: 0anning0anning Cases120181PC 19-014 - Mounds View School District - 1901 Lake Valentine RoadlMemos
Reports
Page 1 of 7
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When construction of the high school improvements began, the School District realized they did
not have an interim location for the weight room/fitness center. This room is generally used for
fitness and weight training as part of the overall health and wellness curriculum. The school
officials looked for a temporary location and decided to use the existing building at 1901 Lake
Valentine Road. The School District worked with the Fire Marshall and building inspections staff
to bring the space into conformance with building and life safety codes. During that time school
and planning staff met to discuss approval options. As a result, the school district has submitted
this application for an IUP. temporary certificate of occupancy pending Planning Commission
and City Council approval of the IUP.
2. Interim Use Permit (IUP) Process:
Interim Use Permits are intended to allow uses that may be appropriate in a zoning district on a
temporary basis, provided specific conditions are met. The IUP process is dictated by Section
1355.04, Subd. 7, of the City Code. According to this section, the purpose and intent of an IUP is:
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P: 0anning0anning Cases120181PC 19-014 - Mounds View School District - 1901 Lake Valentine RoadlMemos
Reports
Page 2 of 7
1. To allow a use that is presently acceptable, but that with anticipated development or
redevelopment, will not be acceptable in the future or will be replaced by a permitted or
conditional use allowed within the respective zoning district.
2. To allow a use which is reflective of anticipated long range change to an area and which
is in compliance with the Comprehensive Plan provided that said use maintains harmony
and compatibility with surrounding uses and is in keeping with the architectural character
and design standards of existing uses and development.
3. Proposed Use:
At this time, the applicant is applying for an ICTP to allow the use of the existing building at 1901
Lake Valentine Road for a weight room/fitness center until October 1, 2020 (see Attachment A).
The weight room is approximately 40' by 80' and is located in the southwest corner of the existing
building. The remaining portion of the building is used for storage. Fire -rated sheetrock walls have
been constructed around the weight room to meet building and fire code requirements. The room
functions as part of Mounds View High School, so no additional parking spaces are required (see
Figure 2 and Attachment B). No external changes to the building are proposed.
Figure 2
The Applicant has provided a general statement of the future use of the building once the ICTP has
expired (see Attachment Q. This use includes storage of vehicles and equipment. The School
District will review and prioritize upgrades to the building and grounds as part of their long-term
facility planning process.
City of Arden Hills
Planning Commission Meeting for October 9, 2019
P: 0anning0anning Cases120181PC 19-014 - Mounds View School District - 1901 Lake Valentine RoadlMemos
Reports
Page 3 of 7
Plan Evaluation
1. IUP Permit Evaluation — Section 1355.04, Subd. 7
Section 1355.04, Subd. 7, D lists the criteria to be used to evaluate an IUP. The City Council must
make findings of fact for the 12 criteria listed. The applicant has addressed these finding in
Attachment D.
Sul!j!ested Findings of Fact
Staff offers the following findings of fact for consideration:
1. The use is allowed as an interim use in the underlying zoning district and conforms to the
zoning regulations;
This site is a PUD with an underlying zoning of R-1. Schools are permitted as a CUP or a
PUD in the R-1 district. The proposed interim use is an extension of the existing school.
2. Permission of the interim use will not impose additional costs on the public if it is necessary
for the public to take the property in the future;
There are no additional costs to the public. The use will be conducted in an existing building,
and minimal improvements have been made. Further, there are no plans for public
improvements in this area.
3. The use will not adversely impact nearby properties through nuisance, noise, dust, glare, or
unsightliness, and will not otherwise adversely impact the health, safety, and welfare of the
community;
The use of this building for this purpose will not create a nuisance or impact the health, safety
and welfare of the community. The proposed use is less intensive than the previous use as a
bus garage.
4. The use will not adversely impact traffic and parking;
The facility will only be used by students at Mounds View High School during the hours of
approximately 7: 00 AM to 5: 00 PM. No additional parking will be required.
5. The use will not adversely impact implementation of future amendment to the City's
Comprehensive Plan;
This site will be designated for Public & Institutional uses. This use is consistent with that
designation.
6. The date or event that will terminate the use is identified with certainty;
The Applicant has indicated this use will be discontinued upon completion of the weight
room/fitness center in the high school building, or no later than October 1, 2020.
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Planning Commission Meeting for October 9, 2019
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7. The applicant has signed a consent agreement agreeing that the applicant, owner, operator,
tenant, and/or user has no entitlement to an extension of the Interim Use Permit;
Upon approval of the IUP, the applicant will be asked to sign a consent agreement.
8. The user agrees to all conditions that the City Council deems appropriate for permission of the
use including the requirement of appropriate financial surety to cover the cost of removing the
interim use and any interim structures upon expiration of the interim use permit;
Upon approval of the IUP, the applicant will be asked to sign a consent agreement.
9. There are no delinquent property taxes, special assessments, interest, or City utility fees due
upon the subject parcel;
There are no property taxes or other fees owed.
10. The term of the interim use does not exceed three (3) years;
The interim use will be slightly less than one year from the date of approval. After October 1,
2020, the use of the building is intended for cold storage and vehicle parking.
11. The property has not been a recipient of a previous interim use permit. A property that has
received an interim use permit for an interim use listed in 1320.05, Land Use Chart, shall not
be eligible for another interim use permit of the same use;
No previous interim use permits have been issued on this site.
12. Any special requirements in Section 1320 for a particular interim use are met.
Section 1320 lists no special requirements for this use.
Recommended Conditions of Approval
Based on the submitted plans and findings of fact, staff recommends approval of Planning Case
19-014 for an Interim Use Permit at 1901 Lake Valentine Road be subject to the following
conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to the plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City Council.
2. The area used for the weight room/fitness facility shall not exceed 3,200 square feet and
shall be confined to the location shown on the building permit and plans on file at the City.
3. The facility shall be used for school classroom use only and shall not be open to the general
public.
4. Hours of operation for this use are limited to 7:00 AM to 5:00 PM on Monday through
Friday. No after-hours use is permitted.
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Planning Commission Meeting for October 9, 2019
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5. No vehicles of any kind shall be parked or stored within the building while the IUP is in
effect.
6. The Interim Use Permit shall be in effect until 5:00 PM on October 1, 2020.
7. No extension of the IUP shall be permitted without City Council approval. The Applicant
is not entitled to an extension of this permit.
8. All weight room and classroom equipment must be removed from the facility by 5:00 PM
on Friday, October 2, 2020.
9. Once this 1UP expires, any use of the existing building at 1901 Lake Valentine Road (PID
21302334005) other than cold storage will require an amendment to the approved PUD.
Any changes made to the building for the storage use will require a building permit.
10. Any violation of the conditions of this Interim Use Permit may result in revocation of the
permit.
Proposed Motion Language
1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 19-
014 for an Interim Use Permit at 1901 Lake Valentine Road, based on the findings of fact and
submitted plans, as amended by the conditions in the October 9, 2019, Report to the Planning
Commission.
2. Recommend Approval without Conditions: Motion to recommend approval of Planning Case
18-014 for an Interim Use Permit at 1901 Lake Valentine Road, based on the findings of fact
and submitted plans in the October 9, 2019, Report to the Planning Commission.
3. Recommend Denial: Motion to recommend denial of Planning Case 19-014 for an Interim
Use Permit at 1901 Lake Valentine Road, based on the following findings of fact: findings to
deny should specifically reference the reasons for denial and why those reasons cannot be
mitigated.
4. Table: Motion to table Planning Case 19-014 for an Interim Use Permit at 1901 Lake Valentine
Road for the following reasons: a specific reason and/or information request should be
included with a motion to table.
Notice and Public Comments
Notice was published in the Arden Hills -Shoreview Bulletin on September 25, 2019. Notice was
prepared by the City and mailed to property owners within 1000 feet of the subject property. Staff
has not received any letters, e-mails, or telephone calls from property owners or residents in
regards to this planning case.
Deadline for Agency Actions
The City of Arden Hills received the completed application for this request on September 16, 2019.
Pursuant to Minnesota State Statute, the City must act on this request by November 15, 2019 (60
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Planning Commission Meeting for October 9, 2019
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days), unless the City provides the petitioner with written reasons for an additional 60 day review
period. The City may, with the consent of the applicant, extend the review period beyond the initial
120 days.
Attachments
A. Application
B. Building Plans
C. Future Building Plans
D. Applicant's Findings of Fact
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Planning Commission Meeting for October 9, 2019
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Attachment F
-fiP\DEN HILLS
Approved:
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, OCTOBER 9, 2019
6:30 P.M. - ARDEN HILLS CITY HALL
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Chair Nick Gehrig called to order the regular Planning
Commission meeting at 6:30 p.m.
ROLL CALL N4**
Present were: Chair Nick Gehrig, Commissioners Steven Jones, James Lambeth, Subbaya
Subramnian, Paul Vijums, Jonathan Wicklund, and Clayton Zimmerman.
Absent: None.
Also present were: Community Development Manager/City Planner Mike Mrosla, Planning
Consultant Jane Kansier, and Councilmember Dave McClung.
APPROVAL OF AGENDA — OCTOBER 9, 2019
Chair Gehrig stated the agenda will stand as published.
APPROVAL OF MINUTES is
September 4, 2019 — Planning Commission Regular Meeting
Commissioner Zimmerman moved, seconded by Commissioner Wicklund, to approve the
September 4, 2019, Planning Commission Regular Meeting as presented. The motion
carried unanimously (7-0).
PLANNING CASES
A. Planning Case 19-014; Mounds View High School — Interim Use Permit — Public
Hearing
Planning Consultant Kansier stated Mounds View Public Schools has applied for an Interim
Use Permit (IUP) to allow the existing building on the property at 1901 Lake Valentine Road to
be temporarily used as the weight room/fitness center for Mounds View High School. This
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 2
property is zoned R-1, Single Family Residential and is part of the Mounds View High School
Planned Unit Development.
Planning Consultant Kansier reported the City Council approved a Planned Unit Development
for Mounds View High School in May 2019. The approved PUD allowed for additions to the
existing high school building and allowed multiple lots to be treated as a single development.
Planning Consultant Kansier explained when the original PUD application was submitted, the
Applicant intended to use the existing building at 1901 Lake Valentine Road for cold storage. A
more intensive use of the building may be proposed at a later date. As a result, the City Council
included the following as a condition of approval of the PUD:
Any use of the existing building on the on PID 21302334005 other than cold storage
will require an amendment to the approved PUD. The existing structure shall comply
with City Code Chapter 14 and any other use of the building shall meet all applicable
codes.
Planning Consultant Kansier indicated when construction of the high school improvements
began, the School District realized they did not have an interim location for the weight
room/fitness center. This room is generally used for fitness and weight training as part of the
overall health and wellness curriculum. The school officials looked for a temporary location and
decided to use the existing building at 1901 Lake Valentine Road. The School District worked
with the Fire Marshall and building inspections staff to bring the space into conformance with
building and life safety codes. During that time school and planning staff met to discuss
approval options. As a result, the school district has submitted this application for an IUP. A
temporary certificate of occupancy pending Planning Commission and City Council approval of
the IUP.
Planning Consultant Kansier stated Interim Use Permits are intended to allow uses that may be
appropriate in a zoning district on a temporary basis, provided specific conditions are met. The
IUP process is dictated by Section 1355.04, Subd. 7, of the City Code. The purpose and intent of
an NP was discussed with the Commission.
Planning Consultant Kansier stated at this time, the applicant is applying for an 1UP to allow
the use of the existing building at 1901 Lake Valentine Road for a weight room/fitness center
until October 1, 2020. The weight room is approximately 40' by 80' and is located in the
southwest corner of the existing building. The remaining portion of the building is used for
storage. Fire -rated sheetrock walls have been constructed around the weight room to meet
building and fire code requirements. The room functions as part of Mounds View High School,
so no additional parking spaces are required. No external changes to the building are proposed.
Planning Consultant Kansier reported the applicant has provided a general statement of the
future use of the building once the IUP has expired. This use includes storage of vehicles and
equipment. The School District will review and prioritize upgrades to the building and grounds
as part of their long-term facility planning process.
Planning Consultant Kansier reviewed the surrounding area, the Plan Evaluation and provided
the Findings of Fact for review:
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
3
1. The use is allowed as an interim use in the underlying zoning district and conforms to the
zoning regulations;
This site is a PUD with an underlying zoning of R-1. Schools are permitted as a CUP or
a PUD in the R-1 district. The proposed interim use is an extension of the existing school.
2. Permission of the interim use will not impose additional costs on the public if it is
necessary for the public to take the property in the future;
There are no additional costs to the public. The use will be conducted in an existing
building, and minimal improvements have been made. Further, there are no plans for
public improvements in this area.
3. The use will not adversely impact nearby properties through nuisance, noise, dust, glare,
or unsightliness, and will not otherwise adversely impact the health, safety, and welfare of
the community;
The use of this building for this purpose will not create a nuisance or impact the health,
safety and welfare of the community. The proposed use is less intensive than the previous
use as a bus garage.
4. The use will not adversely impact traffic and parking;
The facility will only be used by students at Mounds View High School during the hours
of approximately 7: 00 AM to 5: 00 PM. No additional parking will be required.
5. The use will not adversely impact implementation of future amendment to the City's
Comprehensive Plan;
This site will be designated for Public & Institutional uses. This use is consistent with
that designation.
6. The date or event that will terminate the use is identified with certainty;
The Applicant has indicated this use will be discontinued upon completion of the weight
room/fitness center in the high school building, or no later than October 1, 2020.
7. The applicant has signed a consent agreement agreeing that the applicant, owner,
operator, tenant, and/or user has no entitlement to an extension of the Interim Use Permit;
Upon approval of the IUP, the applicant will be asked to sign a consent agreement.
8. The user agrees to all conditions that the City Council deems appropriate for permission
of the use including the requirement of appropriate financial surety to cover the cost of
removing the interim use and any interim structures upon expiration of the interim use
permit;
Upon approval of the IUP, the applicant will be asked to sign a consent agreement.
9. There are no delinquent property taxes, special assessments, interest, or City utility fees
due upon the subject parcel;
There are no property taxes or other fees owed.
10. The term of the interim use does not exceed three (3) years;
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
The interim use will be slightly less than one year from the date of approval. After
October 1, 2020, the use of the building is intended for cold storage and vehicle parking.
11. The property has not been a recipient of a previous interim use permit. A property that
has received an interim use permit for an interim use listed in 1320.05, Land Use Chart,
shall not be eligible for another interim use permit of the same use;
No previous interim use permits have been issued on this site.
12. Any special requirements in Section 1320 for a particular interim use are met.
Section 1320 lists no special requirements for this use.
0
Planning Consultant Kansier stated based on the submitted plans and findings of fact, staff
recommends approval of Planning Case 19-014 for an Interim Use Permit at 1901 Lake
Valentine Road be subject to the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to the plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City
Council.
2. The area used for the weight room/fitness facility shall not exceed 3,200 square feet and
shall be confined to the location shown on the building permit and plans on file at the
City.
3. The facility shall be used for school classroom use only and shall not be open to the
general public.
4. Hours of operation for this use are limited to 7:00 AM to 5:00 PM on Monday through
Friday. No after-hours use is permitted.
5. No vehicles of any kind shall be parked or stored within the building while the NP is in
effect.
6. The Interim Use Permit shall be in effect until 5:00 PM on October 1, 2020.
7. No extension of the NP shall be permitted without City Council approval. The Applicant
is not entitled to an extension of this permit.
8. All weight room and classroom equipment must be removed from the facility by 5:00 PM
on Friday, October 2, 2020.
9. Once this NP expires, any use of the existing building at 1901 Lake Valentine Road (PID
21302334005) other than cold storage will require an amendment to the approved PUD.
Any changes made to the building for the storage use will require a building permit.
10. Any violation of the conditions of this Interim Use Permit may result in revocation of the
permit.
Planning Consultant Kansier reviewed the options available to the Planning Commission on
this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the public hearing at 6:44 p.m.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 5
Chair Gehrig invited anyone for or against the application to come forward and make comment.
There being no comment Chair Gehrig closed the public hearing at 6:44 p.m.
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Zimmerman asked if the building had sprinklers or fire proof doors.
Planning Consultant Kansier reported the fire and building codes do not require the building to
have sprinklers.
Community Development Manager/City Planner Mrosla explained the Fire Marshall had
reviewed and approved the proposed plans. He noted additional alarm systems were added to the
building for safety purposes. He commented further on the doors that served the building.
Commissioner Zimmerman stated he was concerned students would be in this building and
wanted to be assured it was safe.
Planning Consultant Kansier commented staff was also concerned about this and noted the
Building Official and Fire Marshall had taken a special look at this building. She indicated fire
rated walls had been installed and all doors opened outward to allow students to exit the building
quickly.
Commissioner Wicklund asked if a Phase I or Phase II environmental assessment was
completed on this building by the school district.
Planning Consultant Kansier deferred this question to the applicant.
Commissioner Wicklund questioned if the City would be responsible for any harmful toxins
that could impact staff or students.
Planning Consultant Kansier reported the City would not be responsible.
Commissioner Wicklund inquired if the school district asked for the 7:00 a.m. to 5:00 p.m. time
period.
Planning Consultant Kansier stated the school asked for an 8:30 a.m. to 4:30 p.m. time frame
and staff extended this timeframe slightly.
Commissioner Vijums believed the school was making a logical choice moving the weight
room to a new space and he supported the requested Interim Use Permit.
Commissioner Jones asked if the building would have to be brought up to code to meet heating
and cooling requirements.
Planning Consultant Kansier stated it was her understanding the applicant would be bringing
the building up to code to meet all applicable building requirements.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 6
Mike Schwartz, Mounds View Public Schools, explained at this time the space was being used
for four classrooms. He noted the space was up to code with respect to building and fire code.
He indicated a plywood and rubber floor would be installed in the building.
Commissioner Lambeth questioned if the space was already being used as a weight room by the
school district.
Mr. Schwartz reported the school district was not aware of the fact it needed to go through this
process. He stated he has since been working with staff, the Lake Johanna Fire Department and
building officials.
Commissioner Lambeth inquired if the building was currently in use and if this impacted the
IUP.
Mr. Schwartz reported the building was being used.
Planning Consultant Kansier stated instances like this happen all the time and staff proceeds as
if the use was not in place. She explained the City was not obligated to take any specific action
regarding this IUP.
Commissioner Lambeth discussed the size of the weight room (3,200 square feet) and asked if
the area being used was being driven by the dimensions of the building.
Community Development Manager/City Planner Mrosla stated this was the case and noted it
was the City's intent to not allow for any expansion of the weight room/fitness space.
Commissioner Subramanian commented on the high level of traffic that occurs in the morning
surrounding the school. He questioned if a traffic study had been completed by the school.
Community Development Manager/City Planner Mrosla explained a traffic study was being
completed by WSB. He noted the traffic study would focus on AM and PM peaks. He reported
the students using the weight room were using the space during non -peak hours.
Mr. Schwartz discussed the timeline for the students using the weight room prior to or after
school. He commented traffic patterns in and out of the school were smoothing out.
Commissioner Subramanian asked what would happen if toxins were found in the building,
given the fact the building was already in use.
Community Development Manager/City Planner Mrosla stated from a life safety perspective
the building already meets building code requirements. He indicated the school district was
proposing the weight room as a temporary or interim use.
Commissioner Wicklund commented on the type of work that would be conducted if a Phase I
or Phase lI Environmental Study was completed on the building.
Chair Gehrig asked if the suggested dates within the permit were identified by staff.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 7
Mr. Schwartz explained the school plans to be out of this building prior to August of 2020.
Commissioner Wicklund questioned what the normal practice was for operations that occur
prior to receiving proper permits from the City.
Planning Consultant Kansier discussed her experience with this type of situation.
Community Development Manager/City Planner Mrosla reiterated the fact that the building
had been inspected by the Fire Marshall and Building Official and the site passed inspection.
Commissioner Jones expressed concern with the fact the building may not be properly
ventilated given the fact the space would be used for an intense athletic use.
Planning Consultant Kansier reported the applicant was required to receive building and fire
code permits. She noted the space has been inspected by the building official and a temporary
certificate of occupancy was approved.
Chair Gehrig thanked staff for answering all of the questions from the Commission.
Commissioner Jones moved and Commissioner Lambeth seconded a motion to recommend
approval of Planning Case 19-014 for an Interim Use Permit at 1901 Lake Valentine Road,
based on the findings of fact and submitted plans, as amended by the ten (10) conditions in
the October 9, 2019, Report to the Planning Commission. The motion carried unanimously
(7-0).
B. Planning Case 19-012; Presbyterian Homes — Site Plan Review — No Public Hearing
Required
Planning Consultant Kansier stated Patrick McChesney of Presbyterian Homes ("The
Applicant") is requesting site plan review for a proposed project on 3200 Lake Johanna Blvd
(`The Subject Property") to install an Emergency Power Supply System (EPSS) on site.
Planning Consultant Kansier explained Johanna Shores is multi -unit senior living community
located on Lake Johanna Blvd and County Road D that has been operating continuously since
1955. The site is comprised of 410 units in a mix of independent senior apartments, assisted
living units, memory care units, hospice units, and McKnight Care Center. The 22 -acre parcel
was approved for a Planned Unit Development (PUD) in 2010 under Resolution 10-067 to allow
for greater flexibility with height and density requirements to accommodate the 410 units on the
site. The Applicant is requesting a site plan review for the installation of a proposed EPSS to be
located on a concrete pad outside the physical plant on the north side of the property.
Planning Consultant Kansier reported the Applicant indicated in their application that the
proposal will replace two existing EPSSs that service the Subject Property with a single diesel -
fueled EPSS. The existing equipment that would be replaced are a diesel -fueled EPSS with an
underground tank and a natural gas -fueled EPSS. The two existing EPSS's are located inside a
room adjacent to the physical plant on the rear on the building as shown on the image below. The
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 8
proposed replacement EPSS would be located outside the physical plant on the north side of the
campus adjacent to Sandeen Road.
Planning Consultant Kansier commented under the state licensure requirements of a nursing
home, a nursing home "shall be kept in a continuous state of good repair and operation with
regard to the health, comfort, safety and wellbeing of the occupants in accordance with an
established routine maintenance and repair program" including an emergency electrical service
that "shall be operated and tested at frequent intervals". (Chapter 4660.7800 Plant Operation and
maintenance for Existing and New). The two existing EPSS systems are reportedly over 50 years
old and are nearing the end of their serviceable lifetime. The replacement EPSS proposed will
have a greater capacity than the combined total for the two existing EPSSs.
Planning Consultant Kansier reviewed the surrounding area, the Plan Evaluation and provided
the Findings of Fact for review:
1. The Applicant is requesting site plan review for a proposed project at Johanna Shores
Senior Living Facilities to install an Emergency Power Supply System (EPSS) on site.
2. The two existing EPSS systems are reportedly over 50 years old and are nearing the end
of their serviceable lifetime. The replacement EPSS proposed will have a greater capacity
than the combined total for the two existing EPSSs.
3. Under state licensure requirements, a nursing home shall be kept in a continuous state of
good repair and operation including an emergency electrical service that shall be operated
and tested at frequent intervals.
4. The Applicant indicated to staff that emergency testing of the EPSS would be confined to
no more than one hour a month during day time hours.
5. The Subject Property is located within a PUD guided by the R-4 Zoning District and the
location of the proposed EPSS is 60 feet from the nearest property line to the north and
approximately 12 feet from the nearest structure, which meets all setback requirements
for the Subject Property.
6. The concrete pad will be located further to the east in a zone designated with minimal risk
of flooding.
7. Mechanical equipment will be screened with a chain link fence with beige fence weave
privacy slats, installed on all 4 sides of the concrete pad to a height of 11 1/2 feet above
grade to conceal the EPSS, which is 139" high.
8. To help attenuate noise an air intake silencer will be installed on the equipment by the
manufacturer to reduce any noise with sound absorbing insulation.
Staff noted the Planning Commission must make a finding as to whether or not the proposed
application would adversely affect the surrounding neighborhood or the community as a whole
based on the aforementioned factors.
Planning Consultant Kansier stated staff recommends approval of the Site Plan Review with
the following conditions:
1. 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.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 9
2. All proposed fencing shall be black vinyl -coated chain link.
3. The structure shall conform to all other regulations in the City Code.
4. The Applicant shall work with the City staff to mitigate any noise concerns if complaints
are received.
5. Monthly equipment testing shall occur weekdays between the hours of 8:00 a.m. and 5:00
p.m.
Planning Consultant Kansier reviewed the options available to the Planning Commission on
this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Subramanian indicated noise was a concern within this request. He asked how
much noise would be generated by the equipment being installed.
Community Development Manager/City Planner Mrosla stated the noise from the new
equipment would be less impactful than the existing equipment on site. It was staffs
understanding the noise would be reduced from 92 decibels to 60 decibels at 60 feet from the
property line.
Commissioner Subramanian questioned what would happen to the old generator.
Pat Jesney, Presbyterian Homes representative, reported the existing generator would be
dismantled and removed from the space, along with the old storage tank. He reported the space
would be utilized for storage.
Commissioner Lambeth inquired if black slats were required in the chain link fence.
Community Development Manager/City Planner Mrosla stated staff was making this
recommendation to ensure the new fence matched the existing fence on the site.
Commissioner Lambeth questioned if the chain link fence with slats would improve the noise
situation.
Community Development Manager/City Planner Mrosla anticipated this was the case. He
suggested Condition 6 read: The applicant shall be required to install black slats in the chain link
fence or similar material to assist with noise reduction.
Commissioner Jones discussed the new generator and was pleased there would be a noise
reduction.
Commissioner Zimmerman agreed.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 10
Commissioner Vijums asked if any landscaping was being proposed around the new generator
site.
Community Development Manager/City Planner Mrosla commented no additional
landscaping was being proposed.
Chair Gehrig was pleased the noise from the generator would be reduced and he recommended
the color of the slats be determined by the applicant and that the City not get involved in this
matter.
Commissioner Lambeth moved and Commissioner Wicklund seconded a motion to
recommend approval of Planning Case 19-012 for a Site Plan Review of 3200 Lake
Johanna Blvd, based on the findings of fact and the submitted plans, as amended by the
five (5) conditions in the October 9, 2019 Report to the Planning Commission. The motion
carried unanimously (7-0).
C. Planning Case 19-011; 1314 Cannon Avenue — Variance — No Public Hearing
Required
Community Development Manager/City Planner Mrosla stated Northrup Builders (the
"Applicants") have requested a variance in order to construct a four -season porch addition to the
existing legal nonconforming single-family detached property at 1314 Cannon Avenue (the
"Subject Property").
Community Development Manager/City Planner Mrosla reported City staff received a
building permit application for a request to build a four -season porch and deck addition at the
Subject Property. Upon review by Planning Staff it was determined that the request would
require a variance due to existing non -conforming side yard setbacks. The existing principal
structure was built in 1963 and predates the current R-1 zoning code requirements. This is the
first proposed addition and this is the first request for a variance at the Subject Property.
Community Development Manager/City Planner Mrosla explained the applicants have
requested a variance to construct a four -season poach on an existing nonconforming property.
The existing principal structure on the subject property is setback nine (9) feet from the eastern
property line and has combined total setback of 19 feet. However, the R-1 zoning district
requires a minimum side yard setback of 10 feet and a minimum total combined of 25 feet for
residential properties. The proposed addition will be constructed to maintain the same setbacks as
the existing house or nine (9) feet from the eastern property line. The proposed addition will meet
all other setback and lot coverage requirements.
Community Development Manager/City Planner Mrosla reviewed the surrounding area, the
Plan Evaluation and the Variance Evaluation Criteria.
Community Development Manager/City Planner Mrosla provided the Findings of Fact for
review:
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
11
General Findings:
1. The property at 1314 Cannon Avenue is located in the R-1 Single Family Residential
Zoning District.
2. The existing single-family residential dwelling was built prior to the existing zoning code
and is a nonconforming structure because it encroaches into the required side yard
setbacks on either side of the property.
3. The property owners have requested a variance in order to construct an addition that
would remain flush with the side of the dwelling and would maintain the same setback as
the existing structure
4. The proposed addition would meet all other minimum setback requirements for the R-1
District.
5. The proposed addition meets the minimum lot coverage requirements, maximum building
height requirement, and floor area ratio requirement for the R-1 District, as indicated by
the plans submitted by the Applicant.
6. The proposed development would not encroach on any flood plains, wetlands, or
easements.
7. The proposed development is not expected to impact any significant trees on the property.
Community Development Manager/City Planner Mrosla stated staff recommends approval of
the Variance with the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval.
2. Any significant changes to these plans, as determined by the City Planner, shall require
review and approval by the Planning Commission and City Council.
3. A Building Permit shall be required prior to commencement of construction.
4. The structure shall conform to all other regulations in the City Code.
5. The proposed structure finish shall complement the existing structure onsite.
Community Development Manager/City Planner Mrosla reviewed the options available to
the Planning Commission on this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Jones stated this would be a nice addition to the home and asked if the applicant
had spoken to his neighbors.
Chris Gross, North River Remodeling, stated his client has a letter from the next door neighbor
noting the neighbor approved of the project.
Commissioner Jones requested a copy of this letter be provided to staff.
Chair Gehrig questioned what the finished exterior would be for the new addition.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 12
Mr. Gross commented the exterior finish would match the existing siding and roofing. He noted
the home had 8 -inch lap siding.
Chair Gehrig moved and Commissioner Zimmerman seconded a motion to recommend
approval of Planning Case 19-011 for a Variance at 1314 Cannon Avenue, based on the
findings of fact and the submitted plans, as amended by the five (5) conditions in the
October 9, 2019 Report to the Planning Commission. The motion carried unanimously (7-
D. Planning Case 19-013; 1932 County Road E W - Variance — No Public Hearing
Required
Community Development Manager/City Planner Mrosla stated Gary and Julie Gronquist
("The Applicants") have requested a variance in order to construct a detached garage adjacent to
their existing driveway located on New Brighton Road. The subject property is located at 1932
County Road E W ("Subject Property").
Community Development Manager/City Planner Mrosla explained the Subject Property is a
single-family detached dwelling with an attached garage and driveway facing County Road E W.
In August 2000 a second driveway was constructed on New Brighton Road along with an
associated accessory structure (shed). At the time, there were no restrictions on driveways in the
R-2 District. However, on November 31, 2000, the City Council approved amended language to
the City Zoning Ordinance in regards to the definition of a driveway on single family residential
properties. Because the driveway on the Subject Property was built and approved prior to the
change in language, the property has been legally non -conforming.
Community Development Manager/City Planner Mrosla commented the Applicants are
requesting a variance to build a detached garage on the Subject Property facing New Brighton
Avenue. The proposed detached garage would replace the existing accessory structure (shed)
onsite. The Subject Property is located on a corner lot located within the R-2 district, each yard
facing a public street is considered to be a front yard with a front yard setback of 40 feet. The
Applicant's proposed detached garage would be setback 23 or encroach 17 feet into the front
yard setback.
Community Development Manager/City Planner Mrosla reported the area that is 40 feet from
the curb facing New Brighton Avenue on the Subject Property is underneath a power line. A
variance would allow the residents to build the garage closer to the curb, which would avoid
relocating the power line and would preserve an existing large tree onsite. Staff reviewed the R-2
district and found numerous other accessory structures located within the 40 -foot setback,
including the adjacent property to the south of the subject property.
Community Development Manager/City Planner Mrosla reviewed the surrounding area, the
Plan Evaluation and provided the Findings of Fact for review:
General Findings:
1. The property at 1932 County Road E is located in the R-2 Single Family Residential
Zoning District.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019
13
2. The existing driveway on the property facing New Brighton Avenue is legally
nonconforming because it was built prior to the ordinance amendment pertaining to
driveways.
3. The property owners have requested a variance in order to construct a garage on the
driveway that would encroach on the front yard setback facing New Brighton Avenue.
4. The proposed garage would meet all other minimum setback requirements for the R-2
District.
5. The proposed garage would meet the minimum lot coverage requirements, maximum
building height requirement for the R-2 District, as indicated by the plans submitted by
the Applicant.
6. The proposed development would not encroach on any flood plains, wetlands, or
easements.
7. The proposed development is not expected to impact any significant trees on the property.
Variance Findings:
S. The variance request would comply with the purpose and intent of the R-2 Zoning
District and with the policies within the City's Comprehensive Plan.
9. The proposed addition is a reasonable use of the property.
10. The Subject Property is located is a corner lot at the intersection of County Road E W and
New Brighton Road. Corner lots with yards facing a public street is considered to be a
front yard and any structures shall be setback of 40 feet from the property line. On non -
corner lots the rear and side yard setback for accessory structures is 10 feet. However,
many other properties zoned R-2 encroach upon the 40 -foot setback. The Applicant is
requesting to encroach 17 feet, where other properties encroach 30 or more feet into the
front yard setback.
11. The proposed addition will not alter the character of the neighborhood and is consistent
with the other dwellings in the neighborhood. The Applicants indicated to staff that their
neighbors on surrounding properties have voiced their support and do not believe that
granting a variance would negatively impact them. In addition, the Applicant work with
the neighbor to the south on locating their propose structure so it would be screen by the
existing garage on the adjacent property
12. The proposed variance is not based on economic consideration.
13. A solar energy system is not proposed. However, the proposed addition would not impact
the ability to construct a solar energy system onsite or on an adjoining property.
Community Development Manager/City Planner Mrosla stated staff recommends approval of
the Variance with the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to these plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City
Council.
2. A Building Permit shall be issued prior to commencement of construction.
3. The structure shall conform to all other regulations in the City Code.
4. The proposed accessory structure finish shall complement the existing structure onsite
Community Development Manager/City Planner Mrosla reviewed the options available to
the Planning Commission on this matter:
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 14
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted.
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Subramanian asked if the tree will be removed or preserved.
Community Development Manager/City Planner Mrosla explained the tree will be preserved.
Commissioner Lambeth questioned when this home was built.
Julie Gronquist, 1932 County Road E W, reported the home was built in 1969.
Commissioner Lambeth stated he did not believe the detached garage would propose any type
of inconvenience or threat to the property or surrounding properties.
Commissioner Jones asked if the proposed detached garage would square up with the neighbors
detached garage.
Ms. Gronquist indicated she was trying to fit her garage behind the neighbor's garage so that it
would not be visible from her neighbor's home.
Commissioner Jones explained he fully supported the proposed request.
Commissioner Vijums inquired if the applicant was requesting to encroach 13 feet or 17 feet
into the setback.
Community Development Manager/City Planner Mrosla stated the applicant was proposing
to encroach 13 feet into the setback.
Commissioner Vijums asked how many vehicles a property could have in their driveway.
Community Development Manager/City Planner Mrosla explained the maximum number of
cars that could be parked in a driveway was four.
Commissioner Vijums questioned if the Gronquist's could now have eight cars parked on their
property given the fact they would have two driveways.
Ms. Gronquist commented there was no parking allowed on New Brighton Road or County
Road E and for this reason all of her guests were required to park in her driveway.
Commissioner Vijums stated he could more than four vehicles being allowed on a temporary
basis, but indicated he would like to see a condition for approval added that stated no more than
four vehicles could be parked between the driveways, except on a temporary basis.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 15
Planning Consultant Kansier stated the homeowners only have 23 feet from the property line
which would only allow for two cars to be parked in this area. She anticipated that if a lot of
vehicles were being parked on this property, the City would receive complaints.
Commissioner Vijums indicated he did not want to see complaint calls generated and suggested
a condition be added for approval.
Community Development Manager/City Planner Mrosla reported a condition could be added
to address this concern stating no more than two vehicles shall be parked in the driveway
adjacent to New Brighton Road.
Commissioner Wicklund asked how the City enforced the no more than four vehicles in a
driveway requirement.
Community Development Manager/City Planner Mrosla stated when the City receives a
complaint the Sheriff is notified and the City inspects the property. He commented typically a
notice is sent to the property owner and they are given seven days to bring the property into
compliance with City Code.
Chair Gehrig indicated the driveway was done before the code was passed, but the garage was
not in place. He explained he was struggling with the fact the Commission was being asked to
approve a brand-new garage given the fact a 20 -year-old driveway was in place.
Ms. Gronquist stated the driveway was installed with the understanding a garage would one day
be built. She explained she has been saving to build the garage for years. She reported within
City Code she was allowed to build a garage but noted the proposed location led to the variance
request.
Chair Gehrig thanked Ms. Gronquist for the clarification and consideration with respect to the
placement of the garage. She noted she had letters from all three of her neighbors offering
support to her variance request.
Commissioner Subramanian questioned if the existing driveway could be eliminated.
Ms. Gronquist explained the existing driveway was needed to access the garage attached to her
home.
Commissioner Zimmerman inquired if a fifth condition should be added for approval.
Community Development Manager/City Planner Mrosla reported Condition 5 could read: No
more than two (2) vehicles shall be permanently parked on the driveway adjacent to New
Brighton Road.
Commissioner Wicklund questioned if a condition was required to ensure the current shed was
removed.
Community Development Manager/City Planner Mrosla reported staff would be following
upon this matter through the building permit approval process.
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 16
Commissioner Vijums stated he did not want to see an eyesore of numerous cars parked on the
new driveway and he appreciated the fact Condition 5 was being recommended for approval.
Community Development Manager/City Planner Mrosla explained that the requested
variance would stay with the property and if new owners were to move into the home, only two
vehicles could be parked in the driveway off of New Brighton Road.
Chair Gehrig stated he was struggling with the fact the Planning Commission was proposing to
make an exception to City Ordinance for this one property by restricting the number of cars that
could be parked on the driveways. He believed that this issue should be addressed by the City
Council and not the Planning Commission.
Commissioner Wicklund moved and Commissioner Jones seconded a motion to
recommend approval of Planning Case 19-013 for a Variance at 1932 County Road E West,
based on the findings of fact and the submitted plans, as amended by the four (4)
conditions in the October 9, 2019 Report to the Planning Commission, recommending the
City Council address the number of vehicles that can be parked on properties that have
two driveways. The motion carried unanimously (7-0).
UNFINISHED AND NEW BUSINESS
None.
REPORTS
A. Report from the City Council
Councilmember McClung updated the Planning Commission on City Council activities. He
explained the Council approved a public notification process for planning and land use
applications. He stated the Council approved the sign code amendment that addressed dynamic
display signs.
B. Planning Commission Comments and Requests
Chair Gehrig reported the Planning Commission was still seeking an alternate member. Those
interested in serving were encouraged to contact City Hall for further details.
C. Staff Comments
Community Development Manager/City Planner Mrosla updated the Commission on the
redevelopment of the old fire station.
ADJOURN
ARDEN HILLS PLANNING COMMISSION — October 9, 2019 17
Commissioner Zimmerman moved, seconded by Commissioner Viiums, to adiourn the
October 9, 2019, Planning Commission Meeting at 9:13 p.m. The motion carried
unanimously (7-0).
NEW BUSINESS — 9A
,--`iIZEN HILLS
MEMORANDUM
DATE: October 28, 2019
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Mike Mrosla, Community Development Manager/City Planner
Jane Kansier, AICP, Planning Consultant
SUBJECT: Planning Case #19-014 — Public Hearing Required
Applicant: Mounds View High School
Property Location: 1901 Lake Valentine Road
Request: Interim Use Permit
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
For Council Consideration
Motion to adopt Resolution 2019-035 approving an Interim Use Permit to allow the then temporary
use of the building at 1901 Lake Valentine Road for a temporary weight room/fitness center.
Background
Mounds View Public Schools has applied for an Interim Use Permit (IUP) to allow the existing
building on the property at 1901 Lake Valentine Road to be temporarily used as the weight
room/fitness center for Mounds View High School. This property is zoned R-1, Single Family
Residential and is part of the Mounds View High School Planned Unit Development.
Requested Action:
Interim Use Permit
Interim Use Permits are intended to allow uses that may be appropriate in a zoning district on a
temporary basis, provided specific conditions are met. The IUP process is dictated by Section
1355.04, Subd. 7, of the City Code. According to this section, the purpose and intent of an IUP
is:
City of Arden Hills
City Council Meeting for October 28, 2019
P.• IPlanning0anning Cases 12019119-0014 — MVHS IUP
Page 1 of 4
1. To allow a use that is presently acceptable, but that with anticipated development or
redevelopment, will not be acceptable in the future or will be replaced by a permitted or
conditional use allowed within the respective zoning district.
2. To allow a use which is reflective of anticipated long range change to an area and which
is in compliance with the Comprehensive Plan provided that said use maintains harmony
and compatibility with surrounding uses and is in keeping with the architectural character
and design standards of existing uses and development.
Suggested Findings of Fact:
Staff offers the following findings of fact for consideration:
1. The use is allowed as an interim use in the underlying zoning district and conforms to the
zoning regulations;
This site is a PUD with an underlying zoning of R-1. Schools are permitted as a CUP or a
PUD in the R-1 district. The proposed interim use is an extension of the existing school.
2. Permission of the interim use will not impose additional costs on the public if it is necessary
for the public to take the property in the future;
There are no additional costs to the public. The use will be conducted in an existing building,
and minimal improvements have been made. Further, there are no plans for public
improvements in this area.
3. The use will not adversely impact nearby properties through nuisance, noise, dust, glare, or
unsightliness, and will not otherwise adversely impact the health, safety, and welfare of the
community;
The use of this building for this purpose will not create a nuisance or impact the health,
safety and welfare of the community. The proposed use is less intensive than the previous use
as a bus garage.
4. The use will not adversely impact traffic and parking;
The facility will only be used by students at Mounds View High School during the hours of
approximately 7: 00 AM to 5: 00 PM. No additional parking will be required.
5. The use will not adversely impact implementation of future amendment to the City's
Comprehensive Plan;
This site will be designated for Public & Institutional uses. This use is consistent with that
designation.
6. The date or event that will terminate the use is identified with certainty;
The Applicant has indicated this use will be discontinued upon completion of the weight
room/fitness center in the high school building, or no later than October 1, 2020.
7. The applicant has signed a consent agreement agreeing that the applicant, owner, operator,
tenant, and/or user has no entitlement to an extension of the Interim Use Permit;
Upon approval of the IUP, the applicant will be asked to sign a consent agreement.
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City Council Meeting for October 28, 2019
P.• IPlanninglPlanning Cases 12019119-0014 — MVHS IUP
Page 2 of 4
8. The user agrees to all conditions that the City Council deems appropriate for permission of the
use including the requirement of appropriate financial surety to cover the cost of removing the
interim use and any interim structures upon expiration of the interim use permit;
Upon approval of the IUP, the applicant will be asked to sign a consent agreement.
9. There are no delinquent property taxes, special assessments, interest, or City utility fees due
upon the subject parcel;
There are no property taxes or other fees owed.
10. The term of the interim use does not exceed three (3) years;
The interim use will be slightly less than one year from the date of approval. After October 1,
2020, the use of the building is intended for cold storage and vehicle parking.
11. The property has not been a recipient of a previous interim use permit. A property that has
received an interim use permit for an interim use listed in 1320.05, Land Use Chart, shall not
be eligible for another interim use permit of the same use;
No previous interim use permits have been issued on this site.
12. Any special requirements in Section 1320 for a particular interim use are met.
Section 1320 lists no special requirements for this use.
Recommendation:
The Planning Commission reviewed this application at their October 9, 2019 meeting. At that time,
they recommended approval of the Mounds View High School application for an Interim Use
Permit, based on the suggested findings of fact and subject to the listed conditions, by a 7-0 vote.
Council shall consider:
Adopting a motion approving the Interim Use Permit via the attached resolution.
Motion Language Option
Approve with Conditions: Motion to approve Planning Case 19-014 for an Interim Use
Permit at 1901 Lake Valentine Road, based on the above -listed findings of fact and
submitted plans, subject to the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended by
the conditions of approval. Any significant changes to the plans, as determined by the
City Planner, shall require review and approval by the Planning Commission and City
Council.
2. The area used for the weight room/fitness facility shall not exceed 3,200 square feet
and shall be confined to the location shown on the building permit and plans on file at
the City.
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City Council Meeting for October 28, 2019
P.• IPlanning0anning Cases 12019119-0014 — MVHS IUP
Page 3 of 4
3. The facility shall be used for school classroom use only and shall not be open to the
general public.
4. Hours of operation for this use are limited to 7:00 AM to 5:00 PM on Monday through
Friday. No after-hours use is permitted.
5. No vehicles of any kind shall be parked or stored within the building while the IUP is
in effect.
6. The Interim Use Permit shall be in effect until 5:00 PM on October 1, 2020.
7. No extension of the IUP shall be permitted without City Council approval. The
Applicant is not entitled to an extension of this permit.
8. All weight room and classroom equipment must be removed from the facility by 5:00
PM on Friday, October 2, 2020.
9. Once this IUP expires, any use of the existing building at 1901 Lake Valentine Road
(PID 21302334005) other than cold storage will require an amendment to the approved
PUD. Any changes made to the building for the storage use will require a building
permit.
10. Any violation of the conditions of this Interim Use Permit may result in revocation of
the permit.
2. Approve without Conditions: Motion to approve Planning Case 19-014 for an Interim Use
Permit at 1901 Lake Valentine Road, based on the above -listed findings of fact and submitted
plans.
3. Denial: Motion to deny Planning Case 19-014 for an Interim Use Permit at 1901 Lake
Valentine Road, based on the following findings of fact: the City Council should identify
findings to deny should specifically reference the reasons for denial and why those reasons
cannot be mitigated.
4. Table: Motion to table Planning Case 19-014 for an Interim Use Permit at 1901 Lake Valentine
Road, for the following reasons: the City Council should identify a specific reason and/or
information request should be included with a motion to table.
Budget Impact•
NA
Attachments:
A. Conditional Use Permit Resolution No. 2019-035
City of Arden Hills
City Council Meeting for October 28, 2019
P:IPlanning0anning Cases 12019119-0014 — MVHS IUP
Page 4 of 4
Attachment A
CITY OF ARDEN HILLS
RAMSEY COUNTY, MINNESOTA
RESOLUTION NUMBER 2019-035
RESOLUTION APPROVING AN INTERIM USE PERMIT
FOR MOUNDS VIEW HIGH SCHOOL
WHEREAS, Mounds View High School has filed an application for an Interim Use
Permit to allow a weight room/fitness center as a temporary use at the property located at 1901
Lake Valentine Road; and
WHEREAS, the Planning Commission has conducted a public hearing on the application
preceded by published and mailed notice; and
WHEREAS, the Planning Commission has forwarded its recommendation to the City
Council; and
WHEREAS, the City Council finds that the application complies with all applicable
ordinance standards.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ARDEN HILLS, MINNESOTA:
1. The City Council approves the Interim Use Permit for Mounds View High School
in accordance with the application on file with the city and subject to the following conditions:
1. The project shall be completed in accordance with the plans submitted as amended
by the conditions of approval. Any significant changes to the plans, as determined
by the City Planner, shall require review and approval by the Planning Commission
and City Council.
2. The area used for the weight room/fitness facility shall not exceed 3,200 square feet
and shall be confined to the location shown on the building permit and plans on file
at the City.
3. The facility shall be used for school classroom use only and shall not be open to the
general public.
4. Hours of operation for this use are limited to 7:00 AM to 5:00 PM on Monday
through Friday. No after-hours use is permitted.
5. No vehicles of any kind shall be parked or stored within the building while the IUP
is in effect.
6. The Interim Use Permit shall be in effect until 5:00 PM on October 1, 2020.
7. No extension of the 11UP shall be permitted without City Council approval. The
Applicant is not entitled to an extension of this permit.
8. All weight room and classroom equipment must be removed from the facility by
5:00 PM on Friday, October 2, 2020.
9. Once this IUP expires, any use of the existing building at 1901 Lake Valentine
Road (PID 21302334005) other than cold storage will require an amendment to the
Resolution 19-036
approved PUD. Any changes made to the building for the storage use will require
a building permit.
10. Any violation of the conditions of this Interim Use Permit may result in revocation
of the permit.
2. The City Clerk is directed to record the conditional use permit with the County
Recorder/Registrar's office.
PASSED and ADOPTED this 28th day of October, 2019, by the City Council of the
City of Arden Hills, Minnesota.
CITY OF ARDEN HILLS
David Grant, Mayor
ATTEST:
Julie Hanson, City Clerk
Resolution 19-036