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Home My WebLink About01-11-21-RAPPROVAL OF AGENDA 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. RESPONSE TO PUBLIC INQUIRIES Public Inquiry Response From December 14, 2020 City Council Meeting Gayle Bauman, Finance Director MEMO.PDF PUBLIC PRESENTATIONS Recognition Of Re -Elected City Councilmembers Brenda Holden And Dave McClung Mayor Grant MEMO.PDF ATTACHMENT A.PDF STAFF COMMENTS COVID -19 Update Dave Perrault, City Administrator MEMO.PDF APPROVAL OF MINUTES November 23, 2020 Special City Council Work Session 11 -23 -20 SWS.PDF November 23, 2020 Regular City Council 11 -23 -20 -R.PDF November 23, 2020 Special City Council Executive Session (Closed) 11 -23 -20 -SEC.PDF December 14, 2020 Regular City Council 12 -14 -20 -R.PDF December 21, 2020 City Council Work Session 12 -21 -20 -WS.PDF December 21, 2020 Special City Council 12 -21 -20 -SR.PDF CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Motion To Approve Claims And Payroll Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst MEMO.PDF Motion To Adopt Resolution 2021 -001 –Relating To The 2021 Organization Of The City Of Arden Hills Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF Motion To Adopt Resolution 2021 -002 –Relating To The Appointments To The Commissions And Committees Of The City Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF Motion To Approve Payment No. 1 To Air Express, Inc. –City Hall HVAC Replacement Project Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Ramsey County Shared Service Agreement For Erosion And Sediment Control Inspections David Swearingen, Assistant City Engineer/Engineer in Training MEMO.PDF ATTACHMENT A.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS NEW BUSINESS Resolution 2021 -003 Approving Variance At 3493 Siems Ct –PC 20 -017 Mike Mrosla, Community Development Manager/City Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Steve Scott Regular City Council Agenda January 11, 2021 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. This meeting can be accessed remotely by joining via Zoom T o join the Zoom Meeting via your computer, click this link (or copy and paste it into a new browser): https://us02web.zoom.us/j/84761500448 This meeting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. 2. 3. 3.A. Documents: 4. 4.A. Documents: 5. 5.A. Documents: 6. 6.A. Documents: 6.B. Documents: 6.C. Documents: 6.D. Documents: 6.E. Documents: 6.F. Documents: 7. 7.A. Documents: 7.B. Documents: 7.C. Documents: 7.D. Documents: 7.E. Documents: 8. 9. 10. 10.A. Documents: 11. 12. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis 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.RESPONSE TO PUBLIC INQUIRIESPublic Inquiry Response From December 14, 2020 City Council MeetingGayle Bauman, Finance Director MEMO.PDFPUBLIC PRESENTATIONS Recognition Of Re -Elected City Councilmembers Brenda Holden And Dave McClung Mayor Grant MEMO.PDF ATTACHMENT A.PDF STAFF COMMENTS COVID -19 Update Dave Perrault, City Administrator MEMO.PDF APPROVAL OF MINUTES November 23, 2020 Special City Council Work Session 11 -23 -20 SWS.PDF November 23, 2020 Regular City Council 11 -23 -20 -R.PDF November 23, 2020 Special City Council Executive Session (Closed) 11 -23 -20 -SEC.PDF December 14, 2020 Regular City Council 12 -14 -20 -R.PDF December 21, 2020 City Council Work Session 12 -21 -20 -WS.PDF December 21, 2020 Special City Council 12 -21 -20 -SR.PDF CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Motion To Approve Claims And Payroll Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst MEMO.PDF Motion To Adopt Resolution 2021 -001 –Relating To The 2021 Organization Of The City Of Arden Hills Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF Motion To Adopt Resolution 2021 -002 –Relating To The Appointments To The Commissions And Committees Of The City Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF Motion To Approve Payment No. 1 To Air Express, Inc. –City Hall HVAC Replacement Project Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Ramsey County Shared Service Agreement For Erosion And Sediment Control Inspections David Swearingen, Assistant City Engineer/Engineer in Training MEMO.PDF ATTACHMENT A.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS NEW BUSINESS Resolution 2021 -003 Approving Variance At 3493 Siems Ct –PC 20 -017 Mike Mrosla, Community Development Manager/City Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott Regular City Council Agenda January 11, 20217:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting can be accessed remotely by joining via ZoomTo join the Zoom Meeting via your computer, click this link (or copy and paste it into a new browser): https://us02web.zoom.us/j/84761500448 This meeting will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.3.A.Documents:4. 4.A. Documents: 5. 5.A. Documents: 6. 6.A. Documents: 6.B. Documents: 6.C. Documents: 6.D. Documents: 6.E. Documents: 6.F. Documents: 7. 7.A. Documents: 7.B. Documents: 7.C. Documents: 7.D. Documents: 7.E. Documents: 8. 9. 10. 10.A. Documents: 11. 12. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis 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.RESPONSE TO PUBLIC INQUIRIESPublic Inquiry Response From December 14, 2020 City Council MeetingGayle Bauman, Finance Director MEMO.PDFPUBLIC PRESENTATIONSRecognition Of Re -Elected City Councilmembers Brenda Holden And Dave McClungMayor Grant MEMO.PDFATTACHMENT A.PDFSTAFF COMMENTSCOVID-19 UpdateDave Perrault, City Administrator MEMO.PDFAPPROVAL OF MINUTESNovember 23, 2020 Special City Council Work Session11-23 -20 SWS.PDFNovember 23, 2020 Regular City Council11-23 -20 -R.PDFNovember 23, 2020 Special City Council Executive Session (Closed)11 -23 -20 -SEC.PDFDecember 14, 2020 Regular City Council12-14 -20 -R.PDFDecember 21, 2020 City Council Work Session12-21 -20 -WS.PDF December 21, 2020 Special City Council 12 -21 -20 -SR.PDF CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Motion To Approve Claims And Payroll Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst MEMO.PDF Motion To Adopt Resolution 2021 -001 –Relating To The 2021 Organization Of The City Of Arden Hills Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF Motion To Adopt Resolution 2021 -002 –Relating To The Appointments To The Commissions And Committees Of The City Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF Motion To Approve Payment No. 1 To Air Express, Inc. –City Hall HVAC Replacement Project Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Ramsey County Shared Service Agreement For Erosion And Sediment Control Inspections David Swearingen, Assistant City Engineer/Engineer in Training MEMO.PDF ATTACHMENT A.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS NEW BUSINESS Resolution 2021 -003 Approving Variance At 3493 Siems Ct –PC 20 -017 Mike Mrosla, Community Development Manager/City Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott Regular City Council Agenda January 11, 20217:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting can be accessed remotely by joining via ZoomTo join the Zoom Meeting via your computer, click this link (or copy and paste it into a new browser): https://us02web.zoom.us/j/84761500448 This meeting will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.3.A.Documents:4.4.A.Documents:5.5.A.Documents:6.6.A.Documents:6.B.Documents:6.C.Documents:6.D.Documents:6.E.Documents: 6.F. Documents: 7. 7.A. Documents: 7.B. Documents: 7.C. Documents: 7.D. Documents: 7.E. Documents: 8. 9. 10. 10.A. Documents: 11. 12. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis 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.RESPONSE TO PUBLIC INQUIRIESPublic Inquiry Response From December 14, 2020 City Council MeetingGayle Bauman, Finance Director MEMO.PDFPUBLIC PRESENTATIONSRecognition Of Re -Elected City Councilmembers Brenda Holden And Dave McClungMayor Grant MEMO.PDFATTACHMENT A.PDFSTAFF COMMENTSCOVID-19 UpdateDave Perrault, City Administrator MEMO.PDFAPPROVAL OF MINUTESNovember 23, 2020 Special City Council Work Session11-23 -20 SWS.PDFNovember 23, 2020 Regular City Council11-23 -20 -R.PDFNovember 23, 2020 Special City Council Executive Session (Closed)11 -23 -20 -SEC.PDFDecember 14, 2020 Regular City Council12-14 -20 -R.PDFDecember 21, 2020 City Council Work Session12-21 -20 -WS.PDFDecember 21, 2020 Special City Council12-21 -20 -SR.PDFCONSENT CALENDARThose items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda.Motion To Approve Claims And PayrollGayle Bauman, Finance DirectorPang Silseth, Accounting Analyst MEMO.PDFMotion To Adopt Resolution 2021 -001 –Relating To The 2021 Organization Of The City Of Arden HillsJulie Hanson, City Clerk MEMO.PDFATTACHMENT A.PDFMotion To Adopt Resolution 2021 -002 –Relating To The Appointments To The Commissions And Committees Of The CityJulie Hanson, City Clerk MEMO.PDFATTACHMENT A.PDFMotion To Approve Payment No. 1 To Air Express, Inc. –City Hall HVAC Replacement ProjectDave Perrault, City Administrator MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve Ramsey County Shared Service Agreement For Erosion And Sediment Control InspectionsDavid Swearingen, Assistant City Engineer/Engineer in Training MEMO.PDF ATTACHMENT A.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS NEW BUSINESS Resolution 2021 -003 Approving Variance At 3493 Siems Ct –PC 20 -017 Mike Mrosla, Community Development Manager/City Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott Regular City Council Agenda January 11, 20217:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting can be accessed remotely by joining via ZoomTo join the Zoom Meeting via your computer, click this link (or copy and paste it into a new browser): https://us02web.zoom.us/j/84761500448 This meeting will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.3.A.Documents:4.4.A.Documents:5.5.A.Documents:6.6.A.Documents:6.B.Documents:6.C.Documents:6.D.Documents:6.E.Documents:6.F.Documents:7.7.A.Documents:7.B.Documents:7.C.Documents:7.D.Documents:7.E. Documents: 8. 9. 10. 10.A. Documents: 11. 12. Page 1 of 1 RESPONSE TO PUBLIC INQUIRIES – 3A MEMORANDUM DATE: January 11, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director SUBJECT: Public Inquiry Response from December 14, 2020 City Council meeting Budgeted Amount: Actual Amount: Funding Source: $ $ $ A verbal update will be provided at the City Council meeting. DATE: January 11, 2021 TO: Mayor Grant and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, City Clerk SUBJECT: Recognition of Re-Elected City Councilmembers Holden and McClung Council Should Consider Publicly recognizing the appointment and re-election of City Councilmembers Brenda Holden and Dave McClung to the office of City Councilmember. Background/Discussion Councilmembers Brenda Holden and Dave McClung have been re-elected to serve four-year terms (2021-2024). Generally, the Oath of Office would be given at an in-person Council meeting, however, due to COVID-19 precautions and Council meetings currently being held virtually, it was deemed more practical to swear in each Councilmember separately while still meeting statute requirements. On Tuesday, January 5, 2021, the Oath of Office was administered by the City Clerk to Councilmembers Holden and McClung at City Hall, satisfying the “sight and sound” requirement of state law. Copies of the signed oaths are attached. Attachments Attachment A: Oath of Office certificates for Councilmembers Holden and McClung PUBLIC PRESENTATIONS – 4A MEMORANDUM J{l-{o O a e\Sc\ >. $S s o' €'sh q) -S q) q)Laq). "Oo Lo V) E s\q).A Lq u) "A V) dE (l) l.{ m \.*\)ss TE*sb,i SF .E IJtsq)N*r\L $\.e\\.q)Et s. ESErsRTEEha.f 'Ea \- H € djt-J$S $.S S*\b\_ eso'$'= SE}s ys ESHQ g"o*t* E SE $Es =\ sR\ =Eoo\ $,S € $E H 1ti='$3eE EEst r's4S€:9-BSBQ\L\E StB t ESA€X\i<t lrq) tSItr€)6'€Exs. E!Ss Gt .g'L :=E u- .sH===grEdd -Etrt fr{o *rF o ri U fr.,rt\o aJJir{F).r{ l.1..o U >' a o e\oc\ l.BS q o' ssr,n q) "S q) q)La$' "Aota s Loi U2\G' B \Sq).A Lc) U2*S q b0 \"t J \ Bb -A B\ o' %q) "A a) \ 13 3 o sELouus cf o U2q) sk $n< o'b oU q) l^\.i E t\ .e U q) L' Lq\q) "Asq) $ E o' s)U ho' q) o'qq) E € q).S q) toB $%\\ B q) Uq) l<s) >. N., = B \ B B o %q) \ b.' q) sa q) o V) oU a) \\B %q) (]fi\q) .*. q)-t o' o U2 oU q) "Sto $ U2 3 $ Lsq) =V2 $ q) o U2 € ba U€ p ua \i L €)sAIIo EX s'ux= =ssU€I 5 b't U) U \ - r|rl F,):=qs oFFI h Fr).l|',:.v EoEL a0aH -- -Q() q) G R fr{o )r.F o -l U frrf!o aJJir{Fi.Ll Page 1 of 1 STAFF COMMENTS – 5A MEMORANDUM DATE: TO: FROM: January 11, 2021 Honorable Mayor and City Councilmembers Dave Perrault, City Administrator SUBJECT: COVID-19 Update Budgeted Amount: Actual Amount: Funding Source: $ $ $ A verbal update will be provided at the City Council meeting. Approved: January 11, 2021 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL WORK SESSION MEETING NOVEMBER 23, 2020 5:45 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Pro-Tem Holden called to order the City Council Work Session meeting at 5:45 p.m. Note: On March 20th, the Mayor signed a determination allowing Councilmembers to participate in City Council meetings via telephone pursuant to State Statute 13D.021 Present: Mayor David Grant (joined the meeting at 5:48 p.m.); Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Steve Scott Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Todd Blomstrom; Finance Director Gayle Bauman; City Clerk Julie Hanson and City Attorney Joel Jamnik; via telephone Community Development Manager/City Planner Mike Mrosla 1. AGENDA ITEMS A. AT&T North Water Tower Antenna Lease Public Works Director/City Engineer Blomstrom stated the City of Arden Hills entered into a Site Use Lease Agreement with AT&T (New Cingular Wireless PCS, LLC) on April 2014 for cell antenna equipment located at the City’s North Water Tower at Cummings Park. The agreement established an annual lease rate of $33,000, with an annual adjustment of 4 percent. The lease agreement was amended on July 2015 to provide additional ground lease space to house an emergency power generator. Public Works Director/City Engineer Blomstrom reported the amendment added $4,800 to the annual lease rate, with a 4 percent annual adjustment. The 4 percent annual adjustment to the lease rates described above result in a current 2020 site lease rate of $47,595 for AT&T installations at the North Water Tower site. The lease is in the second 5- year renewal term and is eligible for four more 5-year extensions through the year 2044. AT&T has contacted the City to request ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION – NOVEMBER 23, 2020 2 renegotiation of the current lease at the North Water Tower. AT&T requests the following changes to the terms of the lease agreement: 1. Decrease from 2021 lease rate of $49,499 (2020 rate plus 4%) to an annual rate of $38,400.00 2. Decrease from current 4 percent annual adjustment to a 12.5 percent adjustment every five year’s commencing January 1, 2026. 3. Extension of lease from current sunset of December 31, 2044 to December 31, 2045. 4. Addition of new Permitted Use provision as outlined in the letter. Public Works Director/City Engineer Blomstrom explained staff conducted a lease rate comparison with the cities of Roseville, Shoreview and New Brighton for cell tenant leases on water tower facilities, as provided in Attachment B. Lease rates generally range from $28,549 to $44,400 per year, with annual lease rate adjustments from 1.5 to 5 percent. AT&T has made substantial investments in their equipment at the North Water Tower over the past three years, which may result in challenges for them to terminate the lease and relocate to other facilities. However, AT&T claims there is a possibility they would consider relocation based on the terms and conditions of the existing site lease agreement. Staff commented further on the lease agreement and requested feedback from the Council on how to proceed. Councilmember Scott questioned if all of the other antenna vendors have ground equipment. Public Works Director/City Engineer Blomstrom stated AT&T was the one vendor with a ground generator. Councilmember Holden inquired if there were any problems with the generator if this was a liability to the City. Public Works Director/City Engineer Blomstrom reported the liability was with AT&T and not the City of Arden Hills. Councilmember Holden stated she could support a small decrease to the lease contract, but not the decrease proposed by AT&T. Mayor Grant commented he could support the City’s rental rate coming down slightly as well, after reviewing the rates being charged by neighboring communities. Councilmember Holden suggested the City consider moving forward with the rental rate proposed by AT&T with a 2.5% increase annually. She reported this would keep Arden Hills in the ballpark when compared to neighboring communities. Councilmember Scott proposed the rental rate be set at $40,000 per year with a 2.5% increase annually. Councilmember McClung stated he was not excited about renegotiating a lease in the middle of the term. He recommended the lease be negotiated with the lease term was up. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION – NOVEMBER 23, 2020 3 Councilmember Holmes agreed with Councilmember McClung. She did not understand why the City was considering a renegotiation of the lease before the end of the five year term. She recommended the City renegotiate the lease at the end of the term. Councilmember Holden reported she would rather renegotiate versus losing the lease altogether. Mayor Grant asked if the Council could support $40,000 with the 2.5% increase annually. Councilmember Holden stated she could support this option. Mayor Grant commented he could support the $38,400. Councilmember McClung indicated if this lease was left alone, the North Water Tower may be open up to another vendor. Councilmember Holden asked if there was room on this water tower for another vendor. Public Works Director/City Engineer Blomstrom stated there was additional room on this tower for another tenant. Further discussion ensued regarding the AT&T lease agreement. Councilmember McClung reiterated the fact that he did not like the fact that the Council was proposing to renegotiate a lease in the middle of the term and feared this could set a precedent. He believed it was not the City’s responsibility to get them out of their current situation. Rather, this could be addressed at the end of the term of the current lease. Councilmember Holmes asked when the current lease would expire. Public Works Director/City Engineer Blomstrom reported the current lease term would expire on December 31, 2024. He noted AT&T was 11 months into the current lease. Councilmember McClung questioned why AT&T had not brought their concerns to the City when the current lease was renegotiated. Public Works Director/City Engineer Blomstrom stated he was uncertain. He reported the existing lease automatically renews if neither party requests a termination of the lease. Councilmember Scott reviewed the staff memo stating the rental terms being offered by AT&T were well above market rate. Councilmember Holden spoke to the cost of moving the cell tower equipment. Public Works Director/City Engineer Blomstrom commented on how the escalators may be more important to AT&T than the actual yearly rental amount. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION – NOVEMBER 23, 2020 4 Councilmember Scott suggested the City counter with a rate of $40,000 a year with an increase of 2.5% per year. Mayor Grant reported staff could be directed to make this counter offer to AT&T. Councilmember Holden supported the City leaving the yearly rental rate at $49,000 with a lower escalator. Councilmember Holmes stated she was not against talking to AT&T but suggested the change be conducted during the renewal time, versus mid-lease. Councilmember Holden requested further information from staff on how the different rates would impact the lease period. Public Works Director/City Engineer Blomstrom discussed how the proposed rental rates would compound and increase over the years. Mayor Grant supported the Council providing staff the latitude to go back and negotiate with AT&T with the escalator between 3% or 4%. He reported there was some appetite for a lower yearly rental rate. Councilmember Holmes did not support staff negotiating the terms in the middle of the lease. However, if this matter were going to move forward, she recommended the City’s rate be more representative of the adjacent communities. Council consensus was to direct staff to negotiate the lease with AT&T. B. Clean Up Day Discussion Community Development Manager/City Planner Mrosla stated at its June 8, 2020 meeting, the City Council discussed hosting a citywide recycling event. At that time, the Council was in decided to postpone hosting a cleanup day until 2021 due to COVID-19 concerns. During the meeting staff discussed a “Clean Up Day” style drop-off event where the City could coordinate with Green Lights Recycling in Blaine to host a drop-off event at their facility. Residents would bring their materials to the recycler directly for a fee depending on the material. Green Lights Recycling would manage and operate the event. They currently host events for several cities at their facility. These cities include: Blaine, Anoka, Ham Lake, Fridley, Centerville, Lexington, and Spring Lake Park. It was noted that the option to host an offsite event in Blaine at Green Light would cost between $3,000 and $4,000. Staff commented further on the proposed Clean Up Day options and requested feedback from the Council on how to proceed. Councilmember Scott supported the City holding a Clean Up Day in 2021. Councilmember McClung suggested the Clean Up Day event be held mid to late 2021. Councilmember Holmes agreed. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION – NOVEMBER 23, 2020 5 Councilmember Holden and Mayor Grant did not support the City holding a Clean Up Day event in 2021. Councilmember McClung stated if the event was held later in 2021, there may be some semblance of normalcy. Councilmember Holden commented she has not had any residents complaining to her about the City not having a Clean Up Day. For this reason, she recommended the City not pursue this event. Councilmember McClung explained he has heard from several residents that would like to see an event held, but understood the reasons by it was canceled in 2020. City Administrator Perrault questioned how much time was needed to plan a Clean Up Day. Community Development Manager/City Planner Mrosla reported the timeline with Green Light was more flexible than if an in-City event were held with Republic. He estimated Republic would need three to six months’ notice, and Green Light would need two or three months’ notice. City Administrator Perrault suggested this item be brought back to the Council in March of 2021 for further consideration by the Council. Council consensus was to direct staff to bring this item back to the Council in March 2021 for further consideration. The majority of the Council supported Green Light hosting the clean up day event. 2. COUNCIL COMMENTS AND STAFF UPDATES None. ADJOURN Mayor Grant adjourned the City Council Work Session meeting at 6:49 p.m. __________________________ __________________________ Julie Hanson David Grant City Clerk Mayor Approved: January 11, 2021 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 23, 2020 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Note: On March 20th, the Mayor signed a determination allowing Councilmembers to participate in City Council meetings via telephone pursuant to State Statute 13D.021 Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Steve Scott Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Todd Blomstrom; Finance Director Gayle Bauman; City Attorney Joel Jamnik; and City Clerk Julie Hanson; via telephone Community Development Manager /City Planner Mike Mrosla 1. APPROVAL OF AGENDA MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meeting agenda as presented. A roll call vote was taken. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. RESPONSE TO PUBLIC INQUIRIES None. 4. STAFF COMMENTS ARDEN HILLS CITY COUNCIL – NOVEMBER 23, 2020 2 A. COVID-19 Update City Administrator Perrault provided the Council with an update on how the City was responding to COVID-19. He encouraged residents to visit the City’s website for the most current and up to date information regarding COVID-19. He reported the Minnesota Department of Health and CDC also had websites with current guidelines and recommendations. He explained City Hall will remain closed until further notice. He indicated City staff remains operational and can be reached via phone or email. He commented on the restrictions the Governor recently put in place due to the rise in COVID cases. 5. APPROVAL OF MINUTES A. October 19, 2020, City Council Work Session B. October 26, 2020, Special City Council Executive Work Session (Closed) C. October 26, 2020, Regular City Council MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the October 19, 2020, City Council Work Session meeting minutes, October 26, 2020, Special City Council Executive Work Session (Closed) meeting minutes; and October 26, 2020, Regular City Council meeting minutes as presented. A roll call vote was taken. The motion carried unanimously (5-0). 6. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve Resolution 2020-060 Accepting the Liability Coverage Limits from the League of Minnesota Cities Insurance Trust (LMCIT) C. Motion to Approve Resolution 2020-061 – 2021 Curbside and Non-Curbside Recycling Fees D. Motion to Approve Cooperative and Maintenance Agreement with Ramsey County for Reconstruction of County State Aid Highway 51 (Lexington Avenue) between County Road E and I-694 E. Motion to Approve Agreement for Maintenance of Traffic Control Signals and EVP System with Ramsey County and City of Shoreview at Lexington Avenue at Target Road F. Motion to Approve Development Agreement – Ecko Estates – 3246 New Brighton Road – Planning Case 20-003 MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. A roll call vote was taken. The motion carried unanimously (5-0). 7. PULLED CONSENT ITEMS None. ARDEN HILLS CITY COUNCIL – NOVEMBER 23, 2020 3 8. PUBLIC HEARINGS None. 9. NEW BUSINESS None. 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS Councilmember Scott encouraged residents to consider registering their holiday lights display on the City’s website. He explained all homes registered would be placed on a map and residents would be able to vote for the best light display. Councilmember Scott stated the Ramsey County League of Local Government would be holding their Annual Meeting on Friday, December 4 at 7:30 a.m. He reported David Schultz would be the guest speaker. Councilmember McClung commented he had fairly serious medical concerns in early November and he spent a week in Regions Hospital. He thanked all those who had reached out to him with well wishes. He indicated he was feeling much better now. He stated after spending time in the hospital, the COVID issue was serious. He encouraged residents to take precautions in order to slow the spread of COVID. Councilmember McClung explained he appreciated the residents of Arden Hills for reelecting him to another term on the City Council. He looked forward to serving the community for another four years. He invited residents to contact him with comments, questions or concerns. Councilmember Holmes thanked Todd Blomstrom for coordinating with neighboring cities on the holiday light display map. She indicated this would be a great community event for residents to participate in. Councilmember Holmes recommended the City hold the holiday light recycling program again this year. Mayor Grant discussed Round 3 of the Ramsey County business relief program. He explained businesses with 1 to 75 employees were eligible. He encouraged staff to reach out to local businesses to make them aware of this funding. ARDEN HILLS CITY COUNCIL – NOVEMBER 23, 2020 4 ADJOURN MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to adjourn. A roll call vote was taken. The motion carried unanimously (5-0). Mayor Grant adjourned the Regular City Council Meeting at 7:15 p.m. __________________________ __________________________ Julie Hanson David Grant City Clerk Mayor Approved: January 11, 2021 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL EXECTUVE SESSION (CLOSED) NOVEMBER 23, 2020 IMMEDIATELY FOLLOWING REGULAR CITY COUNCIL MEETING ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the Special City Council Executive Session (Closed) at 7:20 p.m. Note: On March 20th, the Mayor signed a determination allowing Councilmembers to participate in City Council meetings via telephone pursuant to State Statute 13D.021 Present via Telephone: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Steve Scott Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Todd Blomstrom; Finance Director Gayle Bauman; and City Attorney Joel Jamnik; via telephone: Community Development Manager/City Planner Mike Mrosla and Attorney John Baker, Greene Espel 1. AGENDA ITEMS A. TCAAP Litigation Discussion The City Council received an update from Counsel Baker and discussed TCAAP litigation. ADJOURN Mayor Grant adjourned the Special City Council Executive Session (Closed) at 8:00 p.m. __________________________ __________________________ Dave Perrault David Grant City Administrator Mayor Approved: January 11, 2021 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING DECEMBER 14, 2020 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Note: On March 20th, the Mayor signed a determination allowing Councilmembers to participate in City Council meetings via telephone pursuant to State Statute 13D.021 Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Steve Scott Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Todd Blomstrom; Finance Director Gayle Bauman; Community Development Manager/City Planner Mike Mrosla; and City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meeting agenda as presented. A roll call vote was taken. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL Gregg Larson, 3377 North Snelling Avenue, commented on the City’s claims and payroll. He stated there were 19 transactions that do not have clear information listed. Mayor Grant requested staff investigate this further and provide detailed information for these 19 transactions at the next regular City Council meeting. 3. RESPONSE TO PUBLIC INQUIRIES ARDEN HILLS CITY COUNCIL – DECEMBER 14, 2020 2 None. 4. STAFF COMMENTS A. COVID-19 Update City Administrator Perrault provided the Council with an update on how the City was responding to COVID-19. He encouraged residents to visit the City’s website for the most current and up to date information regarding COVID-19. He reported the Minnesota Department of Health and CDC also had websites with current guidelines and recommendations. He explained the City of Arden Hills remains in a peacetime state of emergency and City Hall will remain closed until further notice. He indicated City staff remains operational and can be reached via phone or email. He reported the governor would be addressing the State this week with further directives regarding COVID-19. 5. APPROVAL OF MINUTES A. November 9, 2020, Regular City Council B. November 12, 2020, Special City Council C. November 16, 2020, City Council Work Session Councilmember Holmes reported she had submitted to staff a minor change to the November 16, 2020 City Council Work Session meeting minutes. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the November 9, 2020, Regular City Council meeting minutes, November 12, 2020, Special City Council meeting minutes; and November 16, 2020, City Council Work Session meeting minutes as amended. A roll call vote was taken. The motion carried unanimously (5-0). 6. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve the 2021 Non-Union Employee Compensation Plan C. Motion to Approve Resolution 2020-062 Approving the 2021 City Contribution to Employee Monthly Benefits D. Motion to Authorize Reducing the 2020 Budgeted Transfer Amount from Sanitary Sewer Fund to Capital Equipment & Building Replacement Fund E. Motion to Approve Northeast Youth and Family Services (NYFS) 2021 Agreement F. Motion to Authorize Entering into a Joint Powers Agreement for Technology Services with Metro-INET G. Motion to Adopt Ordinance 2020-004 Approving the 2021 Fee Schedule and Authorizing Publication of the Ordinance Summary H. Motion to Approve Resolution 2020-063 Appointing 2021 City Council Liaisons for Commissions and Committees and Mayor Pro Tem I. Motion to Cancel the December 28, 2020 Regular City Council Meeting ARDEN HILLS CITY COUNCIL – DECEMBER 14, 2020 3 J. Motion to Approve Payment No. 10 (Final) – Sunram Construction – Old Snelling Trail and Watermain Improvements Project K. Motion to Approve Amendment to Professional Services Agreement with HR Green – Hamline Avenue, Shorewood Drive, and City Hall Parking Lot Improvements L. Motion to Approve Resolution 2020-064 Authorizing the City to Apply for a Grant from the Minnesota Public Facilities Authority (PFA) for Lexington Avenue M. Motion to Approve Extension of Final Plat Approval – 4200 Round Lake Road (Scannell Properties) – Planning Case 20-010 N. Motion to Approve the Policies and Procedures for Federal Awards Administration O. Motion to Approve Elimination of Associate Planner Position MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. A roll call vote was taken. The motion carried unanimously (5-0). 7. PULLED CONSENT ITEMS None. 8. PUBLIC HEARINGS A. Quarterly Special Assessments for Delinquent Utilities Finance Director Bauman stated water customers whose account is 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 7:14 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:15 p.m. B. Special Assessments for False Alarm Charges Finance Director Bauman stated notices were mailed to property owners informing them of their account status and the City’s intent to certify any unpaid delinquent amounts to Ramsey County for collection with 2021 property taxes. Mayor Grant opened the public hearing at 7:16 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:17 p.m. C. Truth In Taxation Hearing ARDEN HILLS CITY COUNCIL – DECEMBER 14, 2020 4 Finance Director Bauman provided the Council with a presentation on the City’s 2021 Tax Levy and Budget. She discussed how property taxes work in Minnesota and noted County assessors determine property values in the year prior to taxes being paid. She explained the City sets the preliminary levy in September of each year and holds a Truth In Taxation Hearing in December. She described how property taxes are calculated and reported Arden Hills would have a 4.25% increase in its levy. She provided the Council with a summary on the General Fund and discussed proposed revenues and expenditures in further detail. She reviewed the proposed tax rate for 2021. She discussed how the proposed tax levy and tax rate compared to other jurisdictions in Ramsey County. She commented further on how the proposed levy would impact the median value homeowner and asked for comments or questions on the levy. Mayor Grant questioned what the increase was for health insurance in 2021. Finance Director Bauman stated health insurance was increasing 9.5% or $19,500. Mayor Grant inquired how cost of living and step increases would impact the budget. Finance Director Bauman explained the total wages and benefits increases for 2021 was $152,000. Mayor Grant opened the Truth In Taxation hearing at 7:32 p.m. Gregg Larson stated he would like to address the Council regarding the budget under Item 9C. Mayor Grant explained the Council would be taking comments regarding the budget and tax levy during the Truth In Taxation Hearing. He encouraged Mr. Larson to address his budget concerns at this time. Mr. Larson discussed Attachment A which addresses the reconstruction of Snelling Avenue. He reported this project has been kicked down the road despite the road being in poor condition. He understood this project was slated for 2022 and questioned why a trail was not being completed. He requested the Council reconsider this decision for the safety of the pedestrians that use this roadway. He questioned when the Parks and Trails Committee recommended the trail be removed. He asked when the City held a public hearing to weigh in on striking the trail from the project and inquired when residents were surveyed. He explained he cared about the trail and he would have liked to have been consulted regarding this matter. He reported a trail was needed along Snelling Avenue. He recommended the City bond for this project in order to have a trail completed. Mayor Grant closed the Truth In Taxation hearing at 7:45 p.m. D. Planning Case 19-002 – Drainage and Utility Easement Vacation at 1740 Parkshore Drive (Summit Development) Community Development Manager/City Planner Mrosla stated at its July 22, 2019 meeting, Summit Development received required approvals from the Council to construct a three (3) story, 120-unit senior housing building which will include independent living, assisted living, memory ARDEN HILLS CITY COUNCIL – DECEMBER 14, 2020 5 care and skilled nursing. Construction has been delayed due to COVID-19. At this time construction is anticipated to start in the spring of 2021. Community Development Manager/City Planner Mrosla explained the applicant is requesting to vacate the southern five (5) feet of the segment of existing Drainage and Utility Easement. The proposed easement vacation is located along the westerly 200 feet of the north lot line for Lot 1, Block 1 as identified in attachment B. The applicant is proposing to construct a concrete building access patio on the north end of the proposed of the building that would encroach into the easement. Engineering and planning staff have reviewed the proposal and have no concerns with the request. A request for a Vacation of Easement requires a public hearing before the City Council. Mayor Grant opened the public hearing at 7:47 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:48 p.m. 9. NEW BUSINESS A. Resolution 2020-065 Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Finance Director Bauman stated delinquent utility amounts are certified to Ramsey County quarterly and that a list of utility accounts with a delinquent balance was compiled and notices dated November 6, 2020 were mailed. Customers were informed of their delinquent status and were asked to make payment of the delinquent balance by December 4, 2020. She indicated that the City will request that Ramsey County levy the delinquent balances against the respective properties. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adopt Resolution #2020-065 – Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities. A roll call vote was taken. The motion carried (5-0). B. Resolution 2020-066 Adopting and Confirming Special Assessments for False Alarm Charges Finance Director Bauman stated the City Council held a public hearing earlier tonight (item 8B) regarding special assessment certification of delinquent false alarm charges. The City will request that Ramsey County levy the delinquent balances against the properties on which the alarm systems are installed. Councilmember McClung asked if staff worked with the Fire Marshall or the Sheriff’s Department to see if there were ongoing issues that could be addressed by property owners. Finance Director Bauman commented all of the property owners do receive letters from the City informing them they are having an issue with their alarm system. ARDEN HILLS CITY COUNCIL – DECEMBER 14, 2020 6 Councilmember McClung suggested staff also speak with the Fire Marshall and the Sheriff’s Department as well. Councilmember Holden asked if the charges were just for 2020. Finance Director Bauman reported the City did not assess for these charges in 2019, so some of the properties were being assessed for alarm charges in both 2019 and 2020. Councilmember Holden agreed this list should be sent to the Fire Marshall regarding the number of false alarm calls. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adopt Resolution #2020-066 – Adopting and Confirming Special Assessments for False Alarm Charges. A roll call vote was taken. The motion carried (5-0). C. Adoption of the 2021 Budget and Tax Levy: • Resolution 2020-067 Setting the Final Tax Levy for Taxes Payable in 2021 • Resolution 2020-068 Setting the Final Tax Levy – Karth Lake Special Taxing District for Taxes Payable in 2021 • Resolution 2020-069 Adopting the Proposed 2021 Budget Finance Director Bauman stated a budget workshop was held with the Council on August 17, 2020. Staff was directed to reduce the proposed COLA for non-union employees from 3% to 2% and Council adopted a maximum tax levy increase of 4.25% on September 14, 2020. Another budget workshop was held with the Council on November 16, 2020. Staff was not directed to make any changes to the proposed information. Staff discussed the wages, benefits and General Fund in further detail with the Council and recommended approval of the final tax levy for taxes payable in 2021. Councilmember McClung asked what 1% of the levy was. Finance Director Bauman reported this equated to $41,350. Councilmember Holden commented on the Old Snelling project and questioned when the feasibility study would be coming before the Council. Public Works Director/City Engineer Blomstrom reported the feasibility report for Snelling Avenue North would be discussed by the Council at the December 21, 2020 Council Worksession meeting. He explained the feasibility study had two options for the Council to review, one option including a trail and the other option without a trail. He indicated the decision about the trail would be made by the Council at the improvement hearing next spring. City Administrator Perrault commented the City would be holding three public comment hearings for the Snelling Avenue Project. ARDEN HILLS CITY COUNCIL – DECEMBER 14, 2020 7 Councilmember McClung stated it was safe to say that no decision has been made regarding there being a trail or no trail along Snelling Avenue. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to adopt Resolution #2020-067 – Setting the Final Tax Levy for Taxes Payable in 2021. Councilmember Holden asked if the City would have a budget shortfall or surplus in 2020. Finance Director Bauman reported the 2020 budget would not have a deficit. She discussed how the CARES Act funding assisted the 2020 budget in having a surplus. She estimated the City would have a budget surplus between $100,000 and $200,000 without the CARES Act funds. Councilmember McClung commented given what he just heard the City would have some level of surplus from 2020. He indicated he was having a hard time getting behind the 4.25% tax levy. He recommended the tax levy be reduced to 3.5% which would be a reduction of $31,010. He stated 2020 has been a hard year and he would like to see the City minimize its budget as much as possible. AMENDMENT: Councilmember McClung moved and Councilmember Scott seconded a motion to decrease the Tax Levy for Taxes Payable in 2021 to 3.5%. Councilmember Holmes asked if the City has seen a rise in delinquent utility bills or property taxes. Finance Director Bauman explained staff has not seen an increase in delinquencies in 2020 due to COVID. She reported the delinquencies were right in line with previous years. Councilmember Holmes stated she did not support the levy going down. She would like it to remain at 4.25%. Mayor Grant reported based on the information received from the County, 83% of Arden Hills residents would receive a decrease in property taxes based on the proposed levy. Councilmember Holden reported the value of her home went up $30,000 for next year and this would impact her property taxes. Councilmember Scott stated most years he would agree with Councilmember Holmes, however given how many people were hurting in 2020, he supported the tax levy being dropped to 3.5%. Mayor Grant questioned how a levy reduction to 3.5% would impact the median value home. Finance Director Bauman explained the median value home would have a reduction in property taxes of $8 next year if the levy were reduced to 3.5%. ARDEN HILLS CITY COUNCIL – DECEMBER 14, 2020 8 Councilmember Holmes stated this was a relatively minor amount. However, she believed this would add up as a whole for the City and for this reason, she recommended the levy remain at 4.25%. Councilmember Holden asked how businesses would be impacted by the levy being reduced to 3.5%. Finance Director Bauman commented she would not be able to make these calculations at this time. Councilmember McClung understood the levy change was not significant, but for those residents who were struggling any decrease at all would assist them in 2021. Further discussion ensued regarding how a proposed levy reduction would impact commercial businesses in Arden Hills. Mayor Grant stated he could support the proposed reduction. Councilmember Scott commented renters were the ones who could least afford an increase in 2021. Councilmember McClung called the question. A roll call vote was taken. The amendment to decrease the Tax Levy for Taxes Payable in 2021 to 3.5% carried 4-1 (Councilmember Holmes opposed). Mayor Grant requested staff call the roll on the amended motion. A roll call vote was taken. The amended motion to decrease the Tax Levy for Taxes Payable in 2021 to 3.5% carried 4-1 (Councilmember Holmes opposed). Finance Director Bauman requested the Council make a motion on the Karth Lake Special taxing district for taxes payable in 2021. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to adopt Resolution #2020-068 – Setting the Final Tax Levy – Karth Lake Special Taxing District for Taxes Payable in 2021. A roll call vote was taken. The motion carried (5-0). Finance Director Bauman requested the Council adopt the proposed 2021 budget. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to adopt Resolution #2020-069 – Adopting the Proposed 2021 Budget with the change in taxes to reflect a budget of $3,715,930. A roll call vote was taken. The motion carried (5-0). ARDEN HILLS CITY COUNCIL – DECEMBER 14, 2020 9 D. Resolution 2020-070 Approving Vacation of Drainage and Utility Easement at 1740 Parkshore Drive (Summit Development) – Planning Case 19-002 Community Development Manager/City Planner Mrosla stated at its July 22, 2019 meeting, Summit Developments received required approvals from the Council to construct a three (3) story, 120-unit senior housing building which will include independent living, assisted living, memory care and skilled nursing. Construction has been delayed due to COVID19 and at this time construction is anticipated to begin spring 2021. The applicant is requesting to vacate the southern five (5) feet of the segment of existing Drainage and Utility Easement. The proposed easement vacation is located along the westerly 200 feet of the north lot line for Lot 1, Block 1. The applicant is proposing to construct a concrete building access patio on the north end of the proposed of the building that would encroach into the easement. Engineering and planning staff have reviewed the proposal and have no concerns with the request. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adopt Resolution #2020-070 – Approving Vacation of Drainage and Utility Easement at 1740 Parkshore Drive (Summit Development). A roll call vote was taken. The motion carried (5-0). 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS Councilmember Scott thanked City staff for all of their efforts during this trying year. Councilmember McClung thanked City staff, the Sheriff’s Department, the Lake Johanna Fire Department and all EMT’s for providing City services professionally through the pandemic this year. He explained 2020 did not go the way anyone thought it would and he hoped brighter days were ahead in 2021. Councilmember Holmes reported residents could drop off unused or broken Christmas lights at City Hall. She noted lights would be picked up at City Hall through January 29, 2021. She encouraged residents to visit the City’s website to view a map of holiday light displays in Arden Hills and surrounding communities. Councilmember Holmes stated she was looking forward to reading A Good Time for the Truth: Race in Minnesota. Councilmember Holmes explained a neighborhood Zoom meeting would be held on Tuesday, December 15 at 6:30 p.m. regarding the Boston Scientific expansion. Councilmember Holmes thanked all City Hall and public safety staff for their tremendous efforts in 2020. ARDEN HILLS CITY COUNCIL – DECEMBER 14, 2020 10 Councilmember Holden commended City Administrator Perrault on the recent letter he put in the Arden Hills newsletter. Councilmember Holden commented on a book she received from the St. Paul Realtor’s Association noting Gen Xer’s and Millennials want larger yards. Councilmember Holden thanked the Representative Isaacson for his assistance in receiving State bonding money. Mayor Grant wished everyone Happy Holidays and encouraged everyone to stay safe. He hoped that 2021 would be better than 2020 and that things would return to normal. He thanked staff for all of their efforts over the past year and for successfully working through the pandemic. He thanked the Council for their understanding and flexibility while conducting virtual meetings this year. ADJOURN MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adjourn. A roll call vote was taken. The motion carried unanimously (5-0). Mayor Grant adjourned the Regular City Council Meeting at 8:58 p.m. __________________________ __________________________ Julie Hanson David Grant City Clerk Mayor Approved: January 11, 2021 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION DECEMBER 21, 2020 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session meeting at 5:00 p.m. Due to the COVID-19 pandemic this meeting was held virtually. Present: Mayor David Grant; Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Steve Scott Absent: None Also present: City Administrator Dave Perrault, Public Works Director/City Engineer Todd Blomstrom, Community Development Manager/City Planner Mike Mrosla, Assistant City Engineer/Engineer in Training David Swearingen, and Deputy Clerk Jolene Trauba. Also present via telephone: Finance Director Gayle Bauman and City Clerk Julie Hanson, Kensington Development Partner Dan Rea, NORR Architects David Babbnig and Josh Warren and Larson Engineer Group Representative TJ Rose 1.AGENDA ITEMS A.Lexington Station 3rd Addition Concept Review – Kensington Development Community Development Manager/City Planner Mrosla stated in 2013, the City approved a Master Planned Unit Development (PUD) for Roberts Management’s proposed Lexington Station redevelopment project, located at the southwest corner of Lexington Avenue North and Red Fox Road. The total project area is 7.57 acres and is comprised of three parcels. The proposed development would be completed in three phases. Phase I of the redevelopment was completed in 2013-2014 and included the demolition of the former Blue Fox Restaurant and the construction of a multi-tenant commercial building with a drive through. Phase II consisted of removing the existing building at 1120 Red Fox Road and constructing a new multi-tenant commercial building with a drive through. Phase II was completed in in the fall of 2018. The approved plan for Phase III or the Subject Site consists of a 15,210 square foot multi-tenant commercial building with a drive through and a standalone 17,841 square foot box retail building on 4.24 acres. During construction of Phase III, a new access on Lexington Avenue would be constructed. ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 2 Community Development Manager/City Planner Mrosla explained the proposed access would align with the existing Target service entrance and the existing access on Lexington Avenue would be removed. The proposed new access/intersection would include a traffic signal. The proposed traffic signal is included in Ramsey County’s Lexington Avenue reconstruction project that is anticipated to start in 2022. Dan Rea, Kensington Development Partner, introduced himself and Kensington Development to the Council. He discussed several large projects that he had completed in the Midwest. He provided the Council with a presentation on the Lexington Station 3rd Addition proposed project and noted the areas that required flexibility. The building materials were described in further detail with the Council. It was noted signage relief was being requested. He thanked the Council for their time and noted he was available for comments or questions. Councilmember Scott asked if the exterior architecture was unique for the client or if a more generic building type could be pursued. Mr. Rea stated that the user’s generic building product was more corrugated metal and resin panels. He indicated the proposed building was more contemporary while still trying to match the existing Lexington Station buildings. Councilmember Holden questioned if Phase 3 would be including one building instead of two. Community Development Manager/City Planner Mrosla reported this was the case. Councilmember Holden commented she was concerned about the amount of parking proposed for this project. She indicated there was not enough parking available for Phases 1 and 2. Community Development Manager/City Planner Mrosla stated he reviewed the Phase 1 and 2 approvals and explained the site was meeting retail parking requirements. He noted there was some peak parking demands in the evening hours due to the restaurants. He reported he was uncertain what new tenants would be occupying Phase 3. Councilmember Holden indicated she was concerned about the south elevation. Community Development Manager/City Planner Mrosla explained this elevation would be blocked by the Big O Tire building and proposed landscaping. Councilmember McClung requested further information on how traffic would flow through the site. Mr. Rea discussed how traffic would access and exit the site. It was noted traffic would access the site on the east side. The cross site access and traffic stacking were further described with the Council. Councilmember McClung stated access and traffic flow were concerns for him. He feared the site would have a bottleneck at the proposed intersection. He commented on the other grocery ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 3 stores in close proximity to this area. He encouraged the applicant to consider the viability of another grocery store within this development. Mr. Rea stated his tenant was a very large corporation that has invested a lot of resources in order to complete market studies. He explained his client believes this is a great market for them to be in. He reported Kensington Development was a key developer of grocers in the Midwest. He had 100% confidence that his tenant has completed the proper amount or research and would be successful in this market. Councilmember Holden questioned if the building would have a drive-thru. Mr. Rea reported the building would not have a drive-thru. Mayor Grant requested further information on how traffic would flow through the site. Community Development Manager/City Planner Mrosla discussed the Lexington Avenue project noting it had been pushed from 2021 to 2022. He explained the tenant believed a signal would be installed at the service road of Target and the southern portion of Lexington Station Phase 3. He indicated a median would be installed along Lexington Avenue when the project was completed which would limit left turns. He reported if the project does not move forward in 2022 as proposed, Ramsey County would implement a stop light. He noted Arby’s and the Big O Tire would then have right-in, right-out access only. Mayor Grant asked if City staff has had any conversations with Enterprise Rental Car. Mr. Rea reported he had been in contact with the Enterprise building owner. Mayor Grant reiterated that this was an area with several grocery stores in close proximity and noted this was not something the Council could not base its decision on. Councilmember Holden asked if pedestrians could walk safety from Phase 3 to Phase 1 or Phase 2. Mr. Rea explained he could work with Larson to identify a safe walking path. Councilmember Holden anticipated shoppers would want the properties tied together in order to allow them to shop for groceries and then walk to get a cup of coffee. Councilmember McClung supported this recommendation and recommended the applicant pursue a walkability plan. Discussion ensued regarding cost sharing and access to Arby’s and Big O Tires. Councilmember McClung suggested staff or the applicant reach out to Arby’s and Big O Tires to discuss a cost sharing and access option in the future. ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 4 Councilmember Holmes questioned if the applicant was aware that a grocery proposal was submitted at the PACE location. Community Development Manager/City Planner Mrosla reported this has been discussed with the applicant. Councilmember Holmes commented the proposed building exterior was not quite the same as the other two phases of Lexington Station. She stated she would like to see more brick used on the building. Josh Warren, NORR Architects, explained the brick on the bottom of the building was selected to match Phases 1 and 2 of Lexington Station. He noted the other building materials were selected to address the tenants needs. Councilmember Holden expressed concern with the fact the applicant was proposing to use brick veneer. She noted this was not allowed in Arden Hills. Mr. Rea reported he was proposing to use traditional masonry brick and not a brick veneer. Councilmember Holmes questioned if the Council would be receiving material boards for this project. Community Development Manager/City Planner Mrosla stated the applicant would be providing this to the City. Further discussion ensued regarding the proposed signage and signage building materials. Councilmember Holden asked if the applicant would be providing the City with a lighting plan. Community Development Manager/City Planner Mrosla reported this would be required by the applicant if the plan were to move forward. Councilmember Scott inquired if the requested sign was similar to the Cub Foods sign. Community Development Manager/City Planner Mrosla noted Cub received sign flexibility in 2012. He reported Cub has 678 square feet of signage on the front elevation. The square footage of Cub was discussed and compared to the proposed development. Mayor Grant asked if the Council supported the parking variance. Councilmember Scott stated he was not concerned with the parking variance and noted he could support the number of requested parking spaces. Councilmember Holden questioned how the number of parking stalls was developed by the applicant. ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 5 Mr. Rea reported his tenant requires four parking stalls per 1,000 square feet, which calculates into 172 stalls. He noted they would be providing 35 extra stalls on top of this. Councilmember Holden stated her main concerns with the project at this time were with signage, lighting and walkability. Mayor Grant commented there was nothing within the development the Council objected to. He reported the Council would want to see building materials and directed staff to speak with the Big O and Arby’s. Mr. Rea thanked Council and staff for their input. B. B-2 Zoning Code Update Community Development Manager/City Planner Mrosla stated at the work session meeting on September 17, 2018 the City Council discussed building facade and parking setbacks standards for the B2 district. Staff proposed revising the front yard setback requirement from 20 feet to 50 feet. Staff also recommended removing the requirement that at least 50 percent of the largest building on each site be constructed at the front setback line of 20 feet. Council and staff agreed on removing the City code language below and revising the front yard building setback to 50 feet. The following language is proposed to removed: • 1325.05 Design Standards, Subd. 8, (F) (B): o Twenty percent (20%) of all other first level building facades that are reasonably visible from the public right of way shall be comprised of window or door openings. Simulated or opaque windows may be used on service areas. • 1325.05, Subd. 8, M. Parking (1) (2): o Placing parking between the street right-of-way and a building shall be discouraged. o No more than 50 percent of the parking on a site may be between buildings or in the side yards. Community Development Manager/City Planner Mrosla commented the Council did have additional concerns about building façade requirements. At its August 12, 2019 and June 8, 2020 work sessions, the City Council and staff continued discussing the façade transparency requirements on mechanical and storage areas in the B-2 and B-3 Districts. Community Development Manager/City Planner Mrosla explained during the discussions, Council asked staff to review spandrel glass and determine if it could be illuminated to appear as an active storefront when viewed from an adjacent public street. Upon review it was determined that spandrel glass should not be illuminated. Unlike typical window glass, which is meant to be transparent, spandrel glass is designed to be opaque in order to help hide features between the floors of a building, including vents, wires, slab ends and mechanical equipment. If the intent is to have the space to look occupied by illumination, spandrel glass should not be used. Community Development Manager/City Planner Mrosla reported following a discussion, Council and staff concurred that the existing ordinance should not be amended and that the ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 6 existing language in subsection A provides the city the authority to wave the transparency requirements when privacy concerns are warranted otherwise all windows shall consist of transparent glass. Community Development Manager/City Planner Mrosla commented further on the B-2 Zoning Code update and noted this item would move forward for approval at a future Planning Commission and City Council meeting. Councilmember Holden stated these design standards came about because of the Walgreens on County Road E. She questioned how these standards would address the windows that were installed along County Road E. Community Development Manager/City Planner Mrosla said the proposed standards would require store fronts to be public street facing. He commented the intent of the ordinance would be to have buildings visible from the street for safety and customer visibility purposes. Councilmember Holmes discussed how the parking for this Walgreens was flipped. She believed the concerns of the Council were addressed within the B-2 Zoning Code updates. Councilmember Holden stated she wanted to be assured that lighting would be required behind fake windows, especially for corner properties. Further discussion ensued regarding the window requirements within the revised B-2 design standards. Councilmember McClung commented he did not oppose spandrel windows. He was pleased by the standards that were being proposed within the amendments. Community Development Manager/City Planner Mrosla discussed how the last sentence regarding transparent glass could be removed as this would ensure 50% of all first level building facades that front a public street shall be comprised of transparent windows or doors. Councilmember Holden supported the last sentence being removed. She asked if the City could require lighting behind spandrel glass. Community Development Manager/City Planner Mrosla reported this may be difficult because spandrel glass is not opaque. He stated he could review this language further to address viewing the level of activity in the building. He thanked Councilmember Holmes for addressing the setback changes. He noted he would work to add some language to address Councilmember Holden’s concerns. C. Arden Hills Foundation Benches and GreenStep City Signs Community Development Manager/City Planner Mrosla stated at a recent meeting the City Council discussed asking the Arden Hills Foundation for financial contribution to assist in acquiring additional parks benches and GreenStep Cities participation signage. Previously the Arden Hills Foundation provided funding to the City to acquire neighborhood watch signs. Staff ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 7 has identified four potential locations for new benches if there is a desire to install additional benches along City trails and within park property. Staff is seeking Council direction on the proposed locations. Park benches cost approximately $700 each. Community Development Manager/City Planner Mrosla reported during the same meeting the Council asked if the Foundation could potentially contribute in acquiring additional GreenStep Cities participation signage. The City of Arden Hills is currently recognized as a Step Two GreenStep City. Once named a GreenStep City, the municipality has the opportunity to purchase participation signs to be added at any state highway, County or City road entrance to the city. Signs are not permitted to be located on freeways. Any signs located in MNDOT and County right of way require approval from the specific agencies prior to placement. The signs cost $52.00 each. Generally, GreenStep City participation signs are attached to the green city identifications signs. When the City of Arden Hills was named a GreenStep City the City purchased one sign. Community Development Manager/City Planner Mrosla commented the City currently has one existing identification sign that can accommodate a GreenStep City sign. The sign is located on Cleveland Avenue adjacent to New Brighton. The City can acquire additional signs and place standalone GreenStep Cities signs. However, according to the MNDOT Traffic Engineering Manual, the population figures must be on city identification signs and use the population figure of the last official Federal or State census. If a community requests the population figure to be updated, MNDOT will update the population figure at the cost of the community. The 2020 Census count is now complete, and the Census Bureau is currently processing the data. It is anticipated that within the next year the City will have the opportunity to work with MNDOT and update the identification signs. At that time there may be an opportunity to purchase and locate additional identification signs at the direction of the City Council. At Council direction staff can identify potential locations for signs. Council and staff can determine how many GreenStep Cities signs to purchase. The Council supported the City pursuing four additional park benches. Mayor Grant questioned what the Council wanted to do regarding the GreenStep City signs. Councilmember Holmes recommended the Council wait on this until the City receives new signs with the population updates. Community Development Manager/City Planner Mrosla asked if staff should identify locations for GreenStep signs along County Road E or Highway 96 and report back to the Council. The Council supported this recommendation. D. Twin Cities North Chamber Business Assistance During COVID-19 Community Development Manager/City Planner Mrosla stated at its November 23, 2020 Economic Development Authority meeting the Commissioners recommended staff review Twin Cities North Chamber suggestions on how cities can assist businesses impacted by COVID-19. According to the Chamber, cities are offering the following assistance to businesses: ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 8 1. Liquor license refunds, rebates or deferral of fees until sometime in 2021. 2. Deferment or forgiveness of 2021 business related licenses and fees. The Chamber recommends this especially for hospitality uses that have been directly impacted by the Executive Orders. 3. Temporary signage flexibility. 4. Expanded hours of operation. 5. Zoning flexibility to allow certain uses to operate outdoors adjacent to their location. Community Development Manager/City Planner Mrosla reported at its May 26, 2020 meeting the City Council approved a prorated refund of on-sale liquor license fees to businesses affected by Executive Orders. Nine businesses received a partial refund of their 2020 on-sale liquor license fees. Upon review of other cities, the majority have not decided on 2021 on-sale liquor license fees. However, municipalities are discussing potentially deferring on-sale liquor licenses fees and other miscellaneous fees until spring 2021. Staff reviewed information on 2020 License Renewals for businesses, signs and massage establishments and 2020 Liquor Licenses. Community Development Manager/City Planner Mrosla explained in regard to other recommendations, City staff has been monitoring temporary signage within the community and has been flexible with businesses as long as the signage meets the intent of the sign code and doesn’t impact the general safety and welfare of the general public. Staff has not been approached by local businesses requesting to expanded hours of operation. In addition, the City Council approved resolution 2020-024 permitting zoning flexibility for local businesses to utilize outdoor space adjacent to their typical location for expanded dining areas and retails sales. Staff approved four applications for zoning flexibility. Mayor Grant questioned how the Council wanted to proceed with business license fees. Councilmember Holden stated she wanted to see the City waive first quarter license fees for liquor license holders. Councilmember Holmes explained she could support waiving the license fees for liquor license holders and all other businesses for the first half of the year. Councilmember Holden questioned how much money the City would be losing in license fees if half the year was waived. City Administrator Perrault estimated the City would be losing $6,700. Further discussion ensued regarding the businesses in the City that were renewed on an annual basis. Deputy Clerk Trauba reported she sent out 174 applications at the beginning of December to general businesses, massage, tree trimmers, and garbage haulers. She noted she received 43 business applications with 40 checks and received 19 additional applications with no checks. She ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 9 stated she had not put any of these checks through to finance. She indicated she could return these checks and process the business licenses later in the year or the checks could be deposited and refunds could be issued. Councilmember Holden supported the City charging full license fees for tree trimmers and garbage haulers because their businesses have not been impacted by COVID. Mayor Grant suggested not all liquor license fees be waived. He recommended only the on-sale liquor license fees be waived. Councilmember Holmes commented she was trying to offer help to local businesses because they have been through a lot in 2020. Councilmember Scott supported waiving the on-sale liquor licenses fees for the first half of 2021. Councilmember McClung explained he would be willing to support waiving all business and liquor license fees for half the year. Councilmember Holden stated she could support waiving on-sale liquor license fees for the first half of the year. Mayor Grant commented he could also support waiving on-sale liquor license fees for the first half of the year. He asked if the Council supported waiving all other fee-paying business licenses. Councilmember Scott did not support eliminating these fees. Councilmember McClung supported waiving all other fee-paying business licenses for the first six months of 2021. Councilmember Holmes stated after the discussion held by the Council, she simply supported waiving six months of the on-sale liquor license fees. Mayor Grant reported the consensus of Council was to direct staff to waive the first six months of on-sale liquor license fees for license holders in 2021. E. Snelling Avenue and County Road E Feasibility Report Public Works Director/City Engineer Blomstrom stated City staff has completed the draft feasibility study report for the Snelling Avenue North and County Road E improvement project. The report outlines the potential improvements to Snelling Avenue North from County Road E to State Trunk Highway 51. Public Works Director/City Engineer Blomstrom reported the feasibility study was previously ordered by City Council Resolution 2019-026. The feasibility report describes proposed street and utility improvements organized into two separate areas. Area 1 involves improvements to the 4,300-ft long segment of Snelling Avenue North located south of County Road E as well as street ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 10 improvements to Cummings Lane and the intersection at Bussard Court. Area 2 involves improvements to the intersection of Snelling Avenue North at County Road E. Public Works Director/City Engineer Blomstrom explained a significant portion of the report is focused on an analysis of two design alternatives for Snelling Avenue extending to the south of County Road E (Area 1). Alternative 1 consisting of road improvements that include the addition of a pedestrian trail along the west side of the roadway. Alternative 2 consists of roadway improvements that exclude the trail construction, but maintains 8-ft wide paved shoulders along the length of the road. Assistant City Engineer/Engineer in Training Swearingen reported Section 7 of the report provides recommendations for specific street, water main, sanitary sewer, and drainage improvements based on infrastructure needs and available project funding. The recommendations within Section 7 are based on preliminary direction from the City Council during a work session on July 20, 2020 regarding the estimated costs for the potential trail construction and a work session on September 21, 2020 regarding the proposed intersection improvements. Public Works Director/City Engineer Blomstrom reviewed the estimated project costs with the Alternatives 1 and 2. The draft assessment roll within Appendix F was discussed. Comments received from the public were reviewed with the Council. The future timeline for the project was detailed. Staff commented further on the feasibility study noting the proposed intersection controls and the recommendation for the project was discussed with the Council. It was recommended a second round of public engagement be conducted in March and April of 2021. Councilmember McClung asked if a third option would be available that would eliminate some of the trail and subgrade work. He stated he wanted to see this project going forward but not be as expensive. Public Works Director/City Engineer Blomstrom reported there were Municipal State Aid design standards that had to be followed and a minimum standard would require a six-foot wide shoulder. He explained once the trail was separated from the pavement, drainage would have to flow over the trail. He stated the City could potentially have a ten-foot shoulder on the west side and a six-foot shoulder on the east side. Councilmember McClung reported he would like to see some pedestrian safety measures in place, while still trying to keep costs down. Mayor Grant commented that the addition of curb would help to protect pedestrians, but comes at a substantial cost. Public Works Director/City Engineer Blomstrom stated this was the case. Councilmember Holmes indicated she could support one side of the roadway having a pedestrian walkway. Public Works Director/City Engineer Blomstrom reported he could investigate this option further. He noted one side of the roadway could be wider than the other to allow for a pedestrian ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 11 path and potentially a rumble strip could be installed between the path and the roadway. He noted a bollard option could be investigated, however the City would have to comply with MSA standards. Councilmember Holden questioned how many trips occurred along this roadway every day. Public Works Director/City Engineer Blomstrom estimated this to be around 1,600 vehicles per day. He noted this was not a high volume roadway, but understood that the speed of this traffic was a concern. He explained a driver speed display sign may be an option for this roadway. Councilmember Holden asked if County Road E could be closed off to Highway 51. Public Works Director/City Engineer Blomstrom reported that closing this roadway at the south end may compromise its MSA classification. Councilmember Holden stated the City desperately needs a trail by the Mounds View High School down to Old Snelling. She supported the City keeping the costs for the Snelling Avenue and County Road E project down in order to assist the City in completing a trail at the Mounds View High School. Councilmember McClung questioned if the lane width could be reduced from 12 feet to 10 feet to assist with slowing the speed of traffic for an MSA roadway. Public Works Director/City Engineer Blomstrom reported he could look into this. Councilmember McClung supported the travel lane width being reduced with a trail on one side of the roadway with a rumble strip installed. Mayor Grant asked if the City could swap any MSA roadways for this section. Public Works Director/City Engineer Blomstrom did not believe there were any trade options available to the City at this time, but this could be further considered. Mayor Grant inquired if the bollard option could be pursued by the City. Public Works Director/City Engineer Blomstrom explained this would be a difficult option for the City to pursue when considering snow removal. He suggested the Council consider pursuing the rumble strip option. Councilmember McClung commented he could support plastic bollards being installed even if this meant several would have to be replaced each year. Further discussion ensued regarding the cost of putting in a trail and storm sewer for this project. Mayor Grant questioned if the rumble strip was installed and deemed not good enough, could bollards be installed after the fact. ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 12 Public Works Director/City Engineer Blomstrom stated this could be done if all MSA requirements were being met. Councilmember Holden questioned how long it would take the City to complete this project with Alternative 2. Public Works Director/City Engineer Blomstrom estimated the project would take eight to twelve weeks to complete. Staff will investigate creative solutions that may include break away bollards, pavement markings and rumble strips in order to create a pedestrian solution without adding significant costs to the project. City Administrator Perrault requested Item G be discussed prior to Item F. G. Accrual Payouts Upon Employee Separation City Administrator Perrault stated the City’s current policy surrounding the payout of accrued Paid Time Off (PTO), Flex Time, and Comp Time is that any accrued time shall be converted to cash and paid directly into an employee’s Health Care Savings Plan (HCSP). These payouts are capped at their respective maximums in the Personnel Policy at 240 hours for PTO, 40 hours for Comp Time, and 80 hours for Flex Time. The HCSP is limited in scope and can only be used for reimbursement of medical expenses following the separation from public service. As a result, an employee leaving the City can only use their respective payouts from accrued balances for medical related expenses. This does not give the employee much flexibility in-terms of access to those dollars, and restricts access to funds if needed for other purposes. It is believed this policy was originally implemented as a tool to save the City from paying employer taxes on high leave balances. The Council may want to consider amending its policy and allow for either a direct payment to employees of accrued balances and/or giving employees the option of a payout upon separation into a deferred compensation account. This would result in employer taxes when an employee separates, but the effect is not significant to the budget. While it varies from city to city, the trend for cities is to offer some form of payout to the employee and not deposit funds into an HCSP account. City Administrator Perrault reported any changes to the current model need to be approved by HCSP, but if Council is supportive staff will work on getting language to Council for approval at their first meeting in January. Any contradicting language in the Union contract would supersede an update to the Personnel Policy for Union employees, but changes to the contract could be considered in 2021 as it is a negotiation year for the contract. Councilmember Holden stated she served on the Personnel Committee when this was done. She explained the committee was not thinking of just retired personnel when the health savings plan was created. She indicated she supported the accrual payouts remaining as is. Councilmember Holmes questioned if City employees have an HCSP and an HSA. City Administrator Perrault reported this was the case. He commented further on the differences between the accounts held by union and non-union employees. ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 13 Mayor Grant requested further information on the cities that complete direct payouts. City Administrator Perrault listed the cities that complete direct payouts versus those that pay into HCSP’s. MOTION: Councilmember Scott moved and Councilmember Holmes seconded a motion to extend the City Council meeting to 8:15 p.m. A roll call vote was taken. The motion carried unanimously (5-0). Mayor Grant stated he supported leaving the separation plan as is. Councilmember McClung reported the State of Minnesota does things the same as the City of Arden Hills. For this reason, he supported the plan remaining as is. Councilmember Holmes explained she supported making a change. Councilmember Scott supported paying employees out. Councilmember Holden suggested this matter be revisited by the City Council in one year. F. Hiring Interviews and Council Participation City Administrator Perrault stated the Personnel Committee requested the City Council discuss the role of the Council during the recruitment process for new employees, specifically whether or not the Council should sit in on interviews. The City is a Plan A city, which means Council retains ultimate authority when it comes to the hiring process, although some parts are delegated to staff. Typically, the Council is only involved in the interview process for department head level and above positions, however the Council could pass a policy that would outline when and how Council will be involved in the interview process, or Council could amend proposed authorizations to post on a case-by-case basis. The most hiring and termination policy could be formally amended and language added regarding Council attending hiring interviews. Mayor Grant commented this may be supervisory or maybe more. He indicated the Personnel Committee wanted to receive a Council response. Councilmember Holmes reported the Personnel Committee discussed this recently. She felt the goal of who to hire has differed between staff and the Council. For this reason, the committee was proposing the Council participate in the interview process for positions that interact with the City Council. Councilmember McClung commented it was his understanding that for director level positions, the Council would be involved and this would be addressed when the job posting was approved by the Council. Councilmember Holmes stated she did not believe this was the case. She explained she asked to attend an interview and was not allowed. ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 14 City Administrator Perrault commented on Councilmember McClung’s statement and explained it was his understanding Councilmembers could sit in on interviews if this is approved by the Council in the initial job posting. Councilmember Holden suggested the posting have a sentence added stating Council can attend interviews if they want, in order to provide the option. Mayor Grant believed this made the most sense. He questioned if the Councilmembers were attending to listen or as a scorer. He was of the opinion that if a Councilmember were in attendance that they would serve as a scorer. City Administrator Perrault agreed with this suggestion noting when a candidate is hired, scores have to reflect the hire. Councilmember Holden stated she would like to receive application and work history information for all new hires. Councilmember McClung supported this recommendation. City Administrator Perrault reported this information can be sent under separate cover to the Council prior to the Council approving a new hire. Councilmember Scott commented he did not want to review 60 applications for a staff position. He explained he trusted staff to make these decisions. Councilmember Holden indicated she was not asking for all applications, but rather wanted to review the one application for the final applicant. She also supported the Council attending the final interview for director level positions. She also stated the public should have this information so they know who is working for the City. City Administrator Perrault stated the consensus of the Council was to allow Councilmembers the option to sit in on final interviews as a scorer, and that he’ll look into what can be made publicly available when a new employee is hired Mayor Grant noted no more than two Councilmembers could attend an interview except for the City Administrator position. City Administrator Perrault responded that more than two Councilmembers could attend an interview, he would just need to know in advance so he could post the interview as a public meeting. H. Council Tracker This item was not discussed. 2. COUNCIL COMMENTS AND STAFF UPDATES None. ARDEN HILLS CITY COUNCIL WORK SESSION – DECEMBER 21, 2020 15 ADJOURN Mayor Grant adjourned the City Council Work Session meeting at 8:30 p.m. __________________________ __________________________ Jolene Trauba David Grant Deputy City Clerk Mayor Approved: January 11, 2021 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL MEETING DECEMBER 21, 2020 8:30 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 meeting at 8:30 p.m. Note: On March 20th, the Mayor signed a determination allowing Councilmembers to participate in City Council meetings via telephone pursuant to State Statute 13D.021 Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Steve Scott Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Todd Blomstrom; Community Development Manager/City Planner Mike Mrosla; Assistant City Engineer/Engineer in Training David Swearingen; and Deputy Clerk Jolene Trauba; present via telephone: Finance Director Gayle Bauman PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested item 2C be pulled from the Consent Agenda for further discussion as item 3A. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve 2021 Tobacco License Renewals C. Motion to Approve 2021 Liquor License Renewals ARDEN HILLS SPECIAL CITY COUNCIL – DECEMBER 21, 2020 2 MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 3. PULLED CONSENT ITEMS A. Motion to Approve 2021 Liquor License Renewals Mayor Grant stated that based on the Council’s conversation during the work session that occurred prior to this special meeting, a change to this item was to be discussed. City Administrator Perrault stated the change for this item was the consideration by Council to charge half or 50% of the on-sale liquor license fees paid by the nine (9) on-sale liquor license holders. MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to approve the 2021 Liquor License Renewals. Mayor Grant requested a motion to consider an amendment that would reduce the on-sale liquor license fees. He stated that the purpose of an amendment had already been discussed and asked Finance Director Bauman for further clarification. Finance Director Bauman stated that regarding the credit refund given to the on-sale liquor licensees last spring, the City did not include the background investigation fee in the calculation of the waived fee amounts. She said her preference would be for the City to retain the background investigation fee as background checks must be conducted regardless and the 50% fee reduction would be calculated on the remaining on-sale liquor license fee amounts. Finance Director Bauman also requested that motion language be included that would authorize the Finance Director to complete all corresponding budget adjustments necessary to reflect this change so that appropriate adjustments to the budget could be made. Councilmember Holden stated the she would like to propose the Council waive the on-sale liquor license fees for 6 months of 2021 and authorize the Finance Director to adjust the budget accordingly. Mayor Grant noted that the only off-sale liquor licensee in the city is Cub Foods and that the others are all considered on-sale licenses. AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to waive the on-sale liquor license fees for 6 months of 2021 and authorize the Finance Director to adjust the budget accordingly. A roll call vote was taken. The amendment carried (5-0). ARDEN HILLS SPECIAL CITY COUNCIL – DECEMBER 21, 2020 3 MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to approve the 2021 Liquor License Renewals as amended. A roll call vote was taken. The motion carried 5-0. 4. COUNCIL/STAFF COMMENTS None. ADJOURN Mayor Grant adjourned the Special City Council Meeting at 8:38 p.m. __________________________ __________________________ Jolene Trauba David Grant Deputy Clerk Mayor CONSENT ITEM 7A MEMORANDUM DATE: TO: January 11, 2021 Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst SUBJECT: Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider A.Approve Claims and Payroll or B.Reject Claims and Payroll Background Payroll is processed biweekly and accounts payable is processed weekly. Budget Impact NA Attachments 2020 Payroll #26 ……………………………………………………………. $ 87,068.25 2021 Payroll #1 ……………………………………………………………. $122,008.35 Total Payroll $209,076.60 Paid Claims--- 12/19/2020 through 12/24/2020 (Check Nos. 49790-49798 and ACH Checks) ……………………………... $61,272.83 Total Accounts Payable $61,272.83 Total Claims $270,349.43 CITY OF ARDEN HILLS PAYROLL # 26 CHECKS DATED:12/25/20 Biweekly:12/05/20 -12/18/20 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 6,245.75 EFT SIT 2,985.47 EFT FICA Oasdi 4,176.79 EFT FICA Medicare 1,058.72 EFT TOTAL TAXES 14,466.73 Health Premium 1,484.62 A/P Check* Dental Premium 241.04 A/P Check* FSA Health Care Reimb. 0.00 A/P Check* FSA Dependent Care Reimb.0.00 A/P Check* TOTAL FLEXIBLE SPENDING 1,725.66 HSA Health Saving 803.33 Health Care Savings Plan-Retirement 0.00 EFT Health Care Savings Plan-2% 513.32 EFT Health Care Savings Plan-4%411.20 EFT TOTAL HEALTH SAVINGS 1,727.85 PERA 4,600.09 EFT ICMA 3,096.30 EFT Central Pension Fund-Union 614.40 A/P Check* MN State Retirement System 750.00 EFT TOTAL RETIREMENT 9,060.79 IUOE 49 Dues (Union) 140.00 A/P Check* LTD/STD Insurance 0.00 A/P Check* PERA Life Insurance 32.00 A/P Check* Life/Addl/Dep Life 132.94 A/P Check* Life/Addl non-tax 35.70 A/P Check* UNUM 19.51 A/P Check* AFLAC 22.76 EFT TOTAL VOLUNTARY 382.91 Total Employee Deductions 27,363.94 Net Payroll 0.00 Direct Deposit 48,759.54 EFT Gross Payroll Tie-Out 76,123.48 Plus City Paid Benefit 10,944.77 TOTAL PAYROLL COST 87,068.25 FICA TIE-OUT Gross Payroll 76,123.48 Less Total FSA 1,725.66 Less Total H.SA 1,727.85 Less Voluntary Ins 58.46 Plus ICMA Employer 401.46 Net P/R Subject to FICA 73,012.97 FICA Oasdi @ 6.20% 4,176.79 FICA Medicare @ 1.45%1,058.72 Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax Deposit Service. Transfers are typically made up to two days after the payroll date. * A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report. Checks may be paid this week or the following week. 0.00 0.00 0.00 5,307.80 401.46 5,709.26 0.00 0.00 5,235.51 0.00 0.00 CITY BENEFIT 4,176.79 1,058.72 CITY OF ARDEN HILLS PAYROLL # 1 CHECKS DATED:01/08/21 Biweekly:12/19/20 -01/01/21 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 8,441.79 EFT SIT 3,777.26 EFT FICA Oasdi 5,277.39 EFT FICA Medicare 1,234.20 EFT TOTAL TAXES 18,730.64 Health Premium 1,128.38 A/P Check* Dental Premium 241.04 A/P Check* FSA Health Care Reimb. 0.00 A/P Check* FSA Dependent Care Reimb.0.00 A/P Check* TOTAL FLEXIBLE SPENDING 1,369.42 HSA Health Saving 303.33 Health Care Savings Plan-Retirement 0.00 EFT Health Care Savings Plan-2% 539.32 EFT Health Care Savings Plan-4%761.11 EFT TOTAL HEALTH SAVINGS 1,603.76 PERA 5,272.21 EFT ICMA 2,872.62 EFT Central Pension Fund-Union 606.72 A/P Check* MN State Retirement System 750.00 EFT TOTAL RETIREMENT 9,501.55 IUOE 49 Dues (Union) 140.00 A/P Check* LTD/STD Insurance 1,274.32 A/P Check* PERA Life Insurance 32.00 A/P Check* Life/Addl/Dep Life 132.94 A/P Check* Life/Addl non-tax 35.70 A/P Check* UNUM 19.51 A/P Check* AFLAC 22.76 EFT TOTAL VOLUNTARY 1,657.23 Total Employee Deductions 32,862.60 Net Payroll 0.00 Direct Deposit 54,886.08 EFT Gross Payroll Tie-Out 87,748.68 Plus City Paid Benefit 34,259.67 TOTAL PAYROLL COST 122,008.35 FICA TIE-OUT Gross Payroll 87,748.68 Less Total FSA 1,369.42 Less Total H.SA 1,603.76 Less Voluntary Ins 58.46 Plus ICMA Employer 402.26 Net P/R Subject to FICA 85,119.30 FICA Oasdi @ 6.20% 5,277.39 FICA Medicare @ 1.45%1,234.20 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. 6,511.59 CITY BENEFIT 5,277.39 1,234.20 402.26 18,897.94 636.35 19,534.29 1,625.00 1,625.00 6,083.33 6,485.59 103.20 103.20 Accounts Payable User: Printed: pang.silseth 1/6/2021 5:22 PM Checks by Date - Detail by Check Date Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0327 STAPLES INC 12/24/2020ACH 3464229679 Supplies 14.48 3464229680 Supplies 24.49 38.97Total for this ACH Check for Vendor 0327: 0382 ICMA RETIREMENT TRUST - 106944 12/24/2020ACH PR 20-26 PR Batch 00200.12.2020 ICMA Employer Percent 401PR Batch 00200.12.2020 ICMA Employer Percent 401 401.46 PR 20-26 PR Batch 00200.12.2020 ICMA Employee Percent 401PR Batch 00200.12.2020 ICMA Employee Percent 401 347.93 749.39Total for this ACH Check for Vendor 0382: 0387 ICMA RETIREMENT TRUST #302482 12/24/2020ACH PR 20-26 PR Batch 00200.12.2020 ICMA Employee DeductionPR Batch 00200.12.2020 ICMA Employee Deduction 2,528.54 PR 20-26 PR Batch 00200.12.2020 ICMA Employee PercentPR Batch 00200.12.2020 ICMA Employee Percent 219.83 2,748.37Total for this ACH Check for Vendor 0387: 0750 VERIZON WIRELESS 12/24/2020ACH 9868883585 Service 12/11-1/10 1,155.27 1,155.27Total for this ACH Check for Vendor 0750: 10343 TIM BEEBE 12/24/2020ACH 12092020 Clothing Allowance Reimbursement 354.97 354.97Total for this ACH Check for Vendor 10343: 10363 MINUTE MAKER SECRETARIAL 12/24/2020ACH M1182 11/23 CC Worksession 148.00 M1182 12/9 PC Meeting 183.50 331.50Total for this ACH Check for Vendor 10363: 1115 WSB & ASSOCIATES INC 12/24/2020ACH R-015394-000-12 GIS Services -November 1,312.75 1,312.75Total for this ACH Check for Vendor 1115: 5493 JOLENE TRAUBA 12/24/2020ACH 12182020 Mileage Reimbursement 16.34 16.34Total for this ACH Check for Vendor 5493: 1033 COMCAST 12/24/202049790 44271.0121 Service 12/21-1/20 6.60 6.60Total for Check Number 49790: AR-CONS CONSTRUCTIVE BUILDERS LLC 12/24/202049791 DP20-00849 Escrow Refund: DP 20-00849, 1812 Venus Ave 2,000.00 Page 1AP Checks by Date - Detail by Check Date (1/6/2021 5:22 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 2,000.00Total for Check Number 49791: 0495 LAKE JOHANNA FIRE DEPARTMENT INC12/24/202049792 786 Reimb-Fire Hose Tester 664.33 789 Reimb-Tire Replacement 464.81 794 Reimb-Painting 3,783.43 4,912.57Total for Check Number 49792: AR-LAND LAND O'LAKES 12/24/202049793 GE 2016-00824 Escrow Refund: GE 2016-00824, 4001 Lexington 15,000.00 PC16-014 Escrow Refund: PC16-014/GE 2016-01022, 4001 Lexington 4,261.49 19,261.49Total for Check Number 49793: AR-MOUN MOUNDS VIEW PUBLIC SCHOOLS 12/24/202049794 PC20-020 Escrow Refund: PC20-020, 1900 Lake Valentine Rd 956.00 956.00Total for Check Number 49794: AR-O'ME2 O'MEARA CUSTOM BUILDING INC.12/24/202049795 TCO2018-00443 Escrow Refund: Temp CO 2018-00443, 3252 Katie Ln 10,000.00 10,000.00Total for Check Number 49795: 0811 RAMSEY COUNTY 12/24/202049796 FLEET-000607 Parts & Service-November 1,736.40 FLEET-000607 Parts & Service-November 7,020.00 PRRRV-001463 2020 Recycling Spec Assmt 1,296.50 PRRRV-001467 2020 Spec Assmt 597.50 PRRRV-001467 2020 Spec Assmt 89.16 PRRRV-001467 2020 Spec Assmt 89.17 PRRRV-001467 2020 Spec Assmt 5.00 PRRRV-001467 2020 Spec Assmt 89.17 PRRRV-001487 2019 TIF Admin Costs 587.12 PRRRV-001487 2019 TIF Admin Costs 529.51 12,039.53Total for Check Number 49796: AR-T.A.T.A. SCHIFSKY & SONS INC.12/24/202049797 GE 2019-01048 Escrow Refund: GE 2019-01048, 3003 Snelling Ave 1,350.02 1,350.02Total for Check Number 49797: 1161 VALLEY-RICH CO INC 12/24/202049798 28989 4371 Arden View Ct 4,039.06 4,039.06Total for Check Number 49798: 61,272.83Total for 12/24/2020: Report Total (17 checks): 61,272.83 Page 2AP Checks by Date - Detail by Check Date (1/6/2021 5:22 PM) Page 1 of 1 CONSENT ITEM – 7B MEMORANDUM DATE: January 11, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, City Clerk SUBJECT: Resolution 2021-001 Relating to the Organization of the City of Arden Hills Budgeted Amount: Actual Amount: Funding Source: $ $ $ Council Should Consider Approving Resolution 2021-001 Relating to the Organization of the City of Arden Hills. Background Per State law, the organization of the City of Arden Hills is re-established yearly. The City is required to designate official depositories, the official newspaper, statutory authority, and appointments. Discussion At its meeting on December 14, 2020, the City Council approved Resolution 2020-063 appointing City Council liaisons for commissions and committees as well as Mayor Pro Tem for 2021. Resolution 2021-001 requests the appointment of all other required designations relating to Arden Hills’ organization as required by law. Budget Impact N/A Attachments Attachment A: Resolution 2021-001 Page 1 of 2 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-001 Resolution Relating to the Organization of the City of Arden Hills BE IT RESOLVED by the City of Arden Hills, Ramsey County, Minnesota (City) as follows: Section 1. Official Depository. Pursuant to Minnesota Statutes, Chapter 118A.02, Subdivision 1, the City Council designates the following financial institutions as official depositories for municipal funds: a) US Bank b) Affinity Plus Federal Credit Union c) Wells Fargo Bank d) RBC Wealth Management e) 4M Fund (PMA Financial Network, Inc.) f) Moreton Capital Markets g) Oppenheimer & Co. Inc. Section 2. Official Newspaper. Pursuant to Minnesota Statutes, Section 412.831, the City Council designates the following newspaper as official newspaper of the City: a) St. Paul Pioneer Press The Mayor and Clerk are authorized and directed to enter into agreements with the official newspaper for the publication of items required by law to be published. Section 3. Mayor Pro-Tem. Approved by Resolution 2020-063 on December 14, 2020. Section 4. Officers: Employees: Appointment. The following persons are appointed to the offices indicated. City Administrator Dave Perrault City Clerk Julie Hanson Finance Director/Treasurer Gayle Bauman Section 5. Acting Officers; Deputies. The following are appointed to the office indicated. Acting Administrator: Gayle Bauman Deputy Clerk: Jolene Trauba Deputy Treasurer: Dave Perrault Page 2 of 2 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. Section 6. Liaisons. Approved by Resolution 2020-063 on December 14, 2020. Section 7. Regular Council Meetings. The regular meeting of the City Council of Arden Hills is to be held on the second and fourth Monday of each month at 7:00 p.m. in the City Hall. Section 8. City Attorney. The firm of Campbell Knutson, P.A. is appointed City Attorney with Joel Jamnik as primary City Attorney. Section 9. Financial Consultant. The firm Ehlers & Associates, Inc. is appointed financial consultant. Section 10. Engineer. Todd Blomstrom is appointed as the City Engineer. Section 11. Auditor. The firm Malloy, Montague, Karnowski, Radosevich and Company (MMKR) is appointed City Auditor. Section 12. Insurance Consultant. North Risk Partners is appointed insurance consultant with Mark Lenz as principal consultant. Section 13. Emergency Management Director. Lake Johanna Fire Department is appointed Emergency Management Director. Section 14. Police. Ramsey County is appointed as the City police and law enforcement agency. Section 15. Fire. Lake Johanna Fire Department is appointed as the City Fire Safety Officer. Section 16. Fee Schedule. The fee schedule for the year 2021 was adopted as Ordinance number 2020-004. Section 17. Animal Control. Ramsey County is appointed as the City animal control officer. Section 18. Elections. Ramsey County is appointed to administer Elections. Section 19. Electronic Funds Transfers. The Finance Director shall be delegated authority to make electronic funds transfers. The Finance Director may delegate certain duties to appropriate staff, but shall remain responsible for the operation of the transfer program. Adopted this 11th day of January, 2021. ____________________________________ David Grant, Mayor ATTEST: ______________________________________ Julie Hanson, City Clerk Page 1 of 1 CONSENT ITEM – 7C MEMORANDUM DATE: January 11, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault., City Administrator FROM: Julie Hanson, City Clerk SUBJECT: 2021 City Commissions and Committees Appointments Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Approving Resolution 2021-002 Relating to the Appointments to the Commissions and Committees of the City. Background The following sets forth the Commissioners and Committee members whose terms expired December 31, 2020, whether or not reappointment is being sought for an additional three-year term and changes to certain Chair positions: Planning Commission Paul Vijums is seeking reappointment and will be appointed as Chair at the next regular Planning Commission meeting. The new term will expire December 31, 2023. Nick Gehrig is stepping down as Chair and will be resigning from the Planning Commission (term was to expire 12/31/21). Economic Development Commission Dan Erickson is seeking reappointment and will continue as the Economic Development Commission Chair. The new term will expire December 31, 2023. Parks, Trails and Recreation Committee Nancy O’Malley’s term has expired and she is not seeking reappointment. Rich Straumann is stepping down as Chair and John Van Valkenburg will be appointed as Chair at the next Parks, Trails and Recreation Committee meeting. Their current terms expire December 31, 2022 and December 31, 2021 respectively. Attachments Attachment A: Resolution 2021-002 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-002 RESOLUTION RELATING TO THE APPOINTMENTS TO THE COMMISSIONS AND COMMITTEES OF THE CITY WHEREAS, the City Council annually appoints residents to serve in an advisory capacity to the City Council for planning and zoning issues on the Planning Commission; for the development and redevelopment in the City of Arden Hills on the Economic Development Commission; for financial planning on the Financial Planning and Analysis Committee; and for the parks, trails and recreation issues on the Parks, Trails, and Recreation Committee; WHEREAS, certain Commission or Committee members’ terms expired on December 31, 2020; and WHEREAS, Nick Gehrig, Planning Commission member whose term was to expire December 31, 2021, has submitted his resignation from the Planning Commission. THEREFORE, BE IT RESOLVED that the Arden Hills City Council hereby accepts Nick Gehrig’s resignation from the Planning Commission and reappoints the following individuals to serve on the designated Commission with three-year terms ending as noted: Planning Commission: Paul Vijums – December 31, 2023 Economic Development Commission: Dan Erickson – December 31, 2023 ADOPTED THIS 11TH DAY OF JANUARY 2021. ____________________________________ DAVID GRANT, MAYOR ATTEST: ______________________________________ JULIE HANSON, CITY CLERK 1 DATE: January 11, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: City Hall HVAC Project Payment No. 1 to Air Express Budgeted Amount: Actual Amount: Funding Source: $303,800 $13,490 of $280,783 Building/Equipment Fund Council Should Consider The Council should consider approving Payment No. 1 to Air Express for the City Hall HVAC Project in the amount of $13,490.00. The Council should also authorize the Finance Director to carry over any unused budget for this project from 2020 to 2021, since the majority of the work will be completed in 2021. Discussion On October 12, 2020, the City Council awarded the City Hall HVAC Project to Air Express in the amount of $268,560.00 (an additional five percent contingency ($12,223) was built into the project for a total project cost of $280,783). The contractor has completed $14,200.00 of the work, and is requesting payment, less five percent ($710.00) in retainage, in the amount of $13,490.00. The City’s engineering consultant, Paulson and Clark, has reviewed and agrees with the payment request. Budget Impact This payment is inline with the expected cost of the project and will not have an adverse effect on the budget. Attachment Attachment A: Application and Certificate for Payment Attachment B: Schedule of Values CONSENT ITEM – 7D MEMORANDUM CONTINUATION SHEET - Schedule of Values AIA DOCUMENT G703PAGE - 2 OF 2AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT,APPLICATION NO:1containing Contractor's signed Certification is attached.APPLICATION DATE:12/25/20In tabulations below, amounts are stated to the nearest dollar.PERIOD TO:11-25 to 12-25Use column 1 on Contracts where variable retainage for line items may apply.ARCHITECT'S PROJECT NO:ABCDEFG HIITEM DESCRIPTION OF WORKSCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGENO. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G/C) TO FINISH 5%APPLICATION STORED AND STORED (C-G)(D+E) (NOT IN TO DATED OR E) (D+E+F)1HVAC and Plumbing2 Equipment $100,000.00 $0.00 $0.00 $0.00 0% $100,000.00 $0.003 Equipmenrt Install-Labor $25,000.00 $0.00 $0.00 $0.00 0% $25,000.00 $0.004 Demolition- Labor $18,000.00 $0.00 $2,500.00 $2,500.00 14% $15,500.00 $125.005 balancing $5,000.00 $0.00 $0.00 $0.00 0% $5,000.00 $0.006 Bond/Permit $8,500.00 $0.00 $8,500.00 $8,500.00 100% $0.00 $425.007 Misc/overhead/profit $20,780.00 $0.00 $0.00 $0.00 0% $20,780.00 $0.008910 Subcontractors11 Electrical $2,500.00 $0.00 $700.00 $700.00 28% $1,800.00 $35.0012 Johnson Controls $58,000.00 $0.00 $0.00 $0.00 0% $58,000.00 $0.0013 Roofers $7,500.00 $0.00 $0.00 $0.00 0% $7,500.00 $0.0014 Refrigerant Recovery $2,500.00 $0.00 $2,500.00 $2,500.00 100% $0.00 $125.0015 Misc/overhead/profit $20,780.00 $0.00 $0.00 $0.00 0% $20,780.00 $0.0017182021222324252627282930313234353637 SUB TOTALS: $268,560.00 $0.00 $14,200.00 $0.00 $14,200.00 $254,360.00 $710.00Change Orders$0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00CHANGE ORDER TOTALS: $0.00 $0.00 $0.00 $0.00 $0.00 #DIV/0! $0.00 $0.00GRAND TOTALS $268,560.00 $0.00 $14,200.00 $0.00 $14,200.00 5% $254,360.00 $710.00 CONSENT ITEM – 7E MEMORANDUM DATE: TO: FROM: January 11, 2021 Honorable Mayor and City Councilmembers Dave Perrault, City Administrator David Swearingen, Assistant City Engineer/Engineer in Training SUBJECT: Ramsey County (Formerly Ramsey County Conservation District) Shared Service Agreement Budgeted Amount: Actual Amount: Funding Source: *Note: This is a pass-through cost Council Should Consider Approving the Shared Service Agreement with Ramsey County for 2021 and authorize the Mayor to execute the Agreement. Background/Discussion Since 2009, Ramsey Conservation District has been assisting the City with inspections required by the City’s Grading and Erosion Control Permits under Chapter 15, Erosion and Sediment Control Ordinance. The service provided by Ramsey Conservation District has been working very well. Attached is the Shared Service Agreement between the City of Arden Hills and Ramsey Conservation District to continue this service through 2021. The hourly rate remains at $72/hour. Staff is recommending approval of the Shared Service Agreement for 2021. Attachments Attachment A: Shared Services Agreement with Ramsey County Page 1 of 1 SHARED SERVICE AGREEMENT CITY OF ARDEN HILLS RAMSEY COUNTY 1.0 2.0 3.0 4.0 Agreement. This Shared Service Agreement (“Agreement”) is entered into by and between the City of Arden Hills, a Minnesota municipal corporation (“City”); and Ramsey County (“County”), a political subdivision of the State of Minnesota, on behalf of its Parks & Recreation Department – Soil & Water Conservation Division (SWCD), 2015 Van Dyke St., Maplewood, MN 55109. Authorization. This Agreement is authorized pursuant to the provisions of Minnesota Statutes §Chapter 412, Minnesota Statutes §Chapter 103(C), and Minnesota Statutes §471.59. Purpose. The City is requesting the County to provide personnel to perform erosion and sediment control permit inspections, reporting and enforcement services, as defined herein. Terms. In consideration of the mutual undertakings herein expressed, the parties agree as follows: A.City Responsibility. The City will: 1.Accept, process, and maintain records in connection with Grading and Erosion Control Permit (“GEC Permit”) applications. 2.Collect and account for GEC Permit fees and escrows. 3.The completed GEC Permit application shall include the following information: a.Name, address and phone number of permittee. b.Description and expected duration of project. c.Any special considerations identified by the City. 4.Issue GEC Permit upon receipt of a positive recommendation from the County. GEC Permits shall be issued subject to compliance with approved Plans and Specifications and other conditions of approval recommended by the County or the City. 5.Authorize County to issue Stop Work Orders where appropriate. 2 6.Compensate the County for services rendered by County staff at the County’s hourly rate (currently $72 per hour), including services rendered by County staff in connection with any litigation arising out of the issuance of a Stop Work Order at the direction of the City pursuant to the terms of this Agreement. The City acknowledges that the County’s hourly rate is adjusted annually. 7.County staff shall receive mileage reimbursement at the current IRS rate. B.County Responsibilities. The County will: 1.Provide inspections by qualified staff. Unless otherwise requested by the City, inspections shall be conducted during regular business hours, 8:00 AM – 4:30 PM, Monday to Friday, excluding State holidays. 2.Provide the following regular inspections for the sites identified by the City: a.Initial Best Management Practice inspection prior to site disturbance, as scheduled by the City. b.Weekly inspections during the period of site disturbance. c.Routine inspections after a 0.5-inch rainfall event. d.Re-inspection to verify that corrections have been made, as required by the City. 3.Provide the City with a copy of the inspection report within seventy- two (72) hours of the inspection. If a re-inspection identifies that corrections have not been made and enforcement action is needed, the County shall notify the City as soon as possible of the violation but, in all cases, within twenty-four (24) hours of the re-inspection. 4.Issue Stop Work Orders, as directed by the City, in those cases where GEC Permittees have not complied with the erosion and sediment control regulations and/or with the conditions attached to the GEC Permit. 5.Invoice the City on a quarterly basis for services rendered. 3 5.0 6.0 7.0 8.0 Indemnification. The City shall indemnify, defend and hold harmless the County for any damages to third parties arising out of services provided by the County pursuant to the terms of this Agreement provided, however, that the City’s maximum liability shall be as stated in Minnesota Statutes §Chapter 466. Amendment. This Agreement may not be amended without the written consent of each of the parties. Termination. This Agreement shall be binding upon the parties from its effective date until December 31, 2021 provided that either party may terminate this Agreement upon sixty (60) days written notice to the other party. Effective Date. This Agreement shall become effective January 1, 2021 – December 31, 2021. IN WITNESS WHEREOF, the City and the County have caused this Agreement to be executed as of the date and year first above written. CITY OF ARDEN HILLS, a Minnesota municipal corporation David Grant, MAYOR RAMSEY COUNTY, a political subdivision of the state of Minnesota By: Printed Name: Title: County Manager ______ By: Printed Name: Mark McCabe 4 Title: Parks & Recreation Director______ By: Printed Name: Amy Schmidt Title: Assistant County Attorney____ Arden Hills\Forms\Shared Service Agr.v11.doc City of Arden Hills City Council Meeting for January 11, 2021 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\CC Packet\NB Page 1 of 6 NEW BUSINESS – 10A MEMORANDUM DATE: January 11, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Mike Mrosla, Community Development Manager/City Planner Joe Hartmann, Associate Planner SUBJECT: Planning Case #20-017 Applicant: Kye Samuelson Property Location: 3493 Siems Court Request: Variance Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider the Following Motion to approve Planning Case 20-017 for a variance at 3493 Siems Court, based on the findings of fact and the submitted plans in the January 11, 2021 memo to the City Council. Variance Flexibility Requested The Applicant is requesting a variance for a larger than ordinance permitted accessory structure. The proposed structure would be used for the storage of recreational water equipment due to the rear yard topography. A variance is requested for: 1. Proposed accessory structure height: currently proposed at nine (9) feet and five (5) inches tall, eight (8) feet tall is allowed by ordinance. 2. Proposed accessory structure area, currently proposed at 93.5 square feet, sixty-four (64) square feet is allowed by ordinance. Background At the October 7th Planning Commission meeting the Applicant requested a variance to build a 120 square foot accessory storage structure that encroached eighteen (18) inches into the Shore Impact Zone of Lake Johanna. The proposed structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The Planning Commission voted to table the request to allow the Applicant to revise their plans to better conform to the Shoreland Ordinance provisions. City of Arden Hills City Council Meeting for January 11, 2021 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\CC Packet\NB Page 2 of 6 The Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. The Applicant is now proposing to construct structure a nine and a half (9.5) feet tall and ninety-three and a half (93.5) square feet in size. However, the proposed structure still required a variance due to the proposed height and area that exceeded current ordinance standards. At their December 9, 2020 meeting the Planning Commission reviewed and discussed this application. The Planning Commission voted 4-3 to approve the planning case. Plan Evaluation Shoreland Structure Setbacks - 1330.03 - Meets Requirements The Subject Property is located within a Shoreland Management District, which impacts the rear setback of the property. Shoreland Management Districts overlay existing City zoning districts shown on the official zoning map. The Shoreland Management District classifies Lake Johanna as a General Development Lake, which determines the setback requirements from the lakeshore. The rear of the Subject Property faces Lake Johanna, which has a fifty (50) foot setback from the Ordinary High Water Level (OHWL). Minnesota Statutes 103G.005 Subd. 14 defines OHWL as: “…the elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial…” The OHWL of Lake Johanna is 878 feet above sea level according to Minnesota Department of Natural Resources. The Shore Impact Zone is the land located between the OHWL and a line parallel to it at a setback of 50 percent of the structure setback. In other words, the Shore Impact Zone is the twenty-five (25) feet nearest to the shore within the 50 foot rear yard setback of the OHWL. The proposed structure would be located 25.2 feet from the OHWL setback just outside the Shore Impact Zone on top of where an existing landing structure is located. As a condition of approval, staff is recommending that the Applicant submit a zoning permit for the proposed structure so that staff can verify the setbacks for the structure. Shoreline Impact Zone and 50’ structure setback. City of Arden Hills City Council Meeting for January 11, 2021 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\CC Packet\NB Page 3 of 6 Shoreland Regulations – 1330.03 Subd. 5 (E) - Flexibility Requested City Code Section 1330.03 Subd. 5, E states that lakeshore lots are permitted one (1) accessory storage shed within the required structure setback from the OHWL, provided that it is not located within the Shore Impact Zone; does not exceed sixty-four (64) square feet in size and eight (8) feet in height measured to the highest point of the structure; and is not used for human habitation and does not contain a water supply or sewage treatment facilities. Measured from the base of the landing to the highest point of the structure, the proposed structure would exceed the eight (8 foot height limitation at nine (9) feet, six (6) inches tall. The structure proposed would measure 8.5 feet by 11 feet, or 93.5 square feet, which exceeds the 64 square foot maximum allowed within code. Proposed structure elevations Variance Requirements – Section 1355.04, Subd. 4 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive Plan. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District and is guided as Low Density Residential on the Land Use Plan. City of Arden Hills City Council Meeting for January 11, 2021 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\CC Packet\NB Page 4 of 6 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the storage of recreational water equipment for a single family home is a reasonable use of an accessory structure within the Shoreland Management District. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, there is a thirty (30) foot grade difference every 100 feet, which creates a very steep slope to transport lake items up to store in the garage. This is unique to the property, making it difficult to place the storage structure elsewhere. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the storage shed would be 30 feet below the adjoining neighbors, The Applicant is proposing to add landscaping to assist in screening the structure and making it inconspicuous and blended to the landscape. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. According to the Applicant the proposed variance is not based on economic consideration. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Findings of Fact The Planning Commission reviewed this application at their December 9, 2020, meeting and have offered the following findings of fact for your consideration: 1. City Staff received a land use application for a request to build an accessory structure for storage at the Subject Property 3493 Siems Court. 2. Storage of personal items is a permitted use for an accessory structure in the R-1 Single Family Residential District. 3. The Subject Property has a steep downward slope in the rear yard that prevents the Applicant from building on much of the site. 4. The Subject Property meets the minimum lot size, width, and length requirements for the R-1 District. 5. The Applicant is requesting flexibility with the maximum height and size restrictions for an accessory storage shed located within the Ordinary High Water Level (OHWL) setback requirement for Lake Johanna. 6. The rear yard setback requirement for a proposed accessory structure is determined by the OWHL of Lake Johanna. City of Arden Hills City Council Meeting for January 11, 2021 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\CC Packet\NB Page 5 of 6 7. The proposed structure is located 25.2 feet within the OHWL setback from Lake Johanna which is 50 feet. 8. The proposed storage structure would be located outside the Shore Impact Zone of Lake Johanna. 9. One (1) storage shed is permitted with the OHWL setback requirement of Lake Johanna as long as it does not exceed 64 square feet in size and eight (8) feet in height and is not within the Shore Impact Zone. 10. The proposed structure exceeds the height at nine (9) feet six (6) inches tall and exceeds the area dimension at 93.5 square feet. 11. The proposed structure would otherwise conform to all other requirements and standards of the R-1 district. 12. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. Additional Review Residential Building Inspector The Residential Building Inspector has reviewed the plans and has no additional comments at this time. Engineering Staff Engineering Staff reviewed the proposal and has no additional comments at this time. Rice Creek Watershed District The Rice Creek Watershed District has reviewed the proposed project and determined that no permit will be required. Minnesota Department of Natural Resources The DNR has reviewed the plans and has no additional comments on this time as the City of Arden Hills is the permitting agency. Recommendation The Planning Commission recommended approval by a 4-3 vote of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans in the December 9, 2020 Report to the Planning Commission, as amended by conditions. Motion Language Options The following are motion language options for the City Council to consider: 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans, as amended by following conditions: 1. A Zoning Permit for an accessory structure shall be issued prior to commencement of construction. City of Arden Hills City Council Meeting for January 11, 2021 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\CC Packet\NB Page 6 of 6 2. The exterior materials of the proposed addition shall be consistent or complementary in color, texture and quality with those visible on the existing structure. 3. The Applicant shall add landscaped screening to assist in screening the structure from adjacent properties. Planning staff shall review and approve the screening plan prior to the issuance of Zoning Permit. 4. The proposed accessory structure shall conform to all other standards and regulations in the City Code. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans in the January 11, 2021, Report to the City Council. 3. Recommend Denial: Motion to recommend denial of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the following findings of fact: findings to deny should specifically reference the reasons for denial. 4. Table: Motion to table Planning Case 20-017 for a Variance at 3493 Siems Court: a specific reason and/or information request should be included with a motion to table. Public Notice and Comments 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. At the time of writing this staff has not received any comments. Deadline for Agency Actions The City of Arden Hills extended the deadline for application processing for an additional 60 days on November 23rd ending on January 24, 2021 unless voluntary extensions are made. The Applicant has submitted revised plans on November 18, 2020 and staff received a completed application on November 30th, 2020. 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 Illustration D. Accessory Structure Elevations E. Variance Request Letter F. Planning Commission Report, December 9, 2020 G. Draft Planning Commission Minutes, December 9, 2020 H. PowerPoint Presentation I. Resolution 21-003 Page 1 of 3 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org For Office Use Only Planning Case No. 20- Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2020 LAND USE APPLICATION Applicant Information Applicant: Address: Telephone No.: Other: Fax No.: Email Address: Property Information Property Owner: Owner Address: Owner Telephone No. Other: Address of Property Involved: Legal Description: Property ID No.: Type of Use: Zone: Property Acreage: Type of Request Comprehensive Plan Amendment (Fee: $500 + Escrow: $2,500) Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) Preliminary Plat (Fee: $500 + Escrow: $2,500) Final Plat (Fee: $500 + Escrow: $1,500) Concept Plan Review (Fee: $150 + Escrow: $1,000) Master Planned Unit Development or Master Special Development Plan (Fee: $500 + Escrow: $2,500) Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $1,500) Planned Unit Development Amendment or Special Development Plan Amendment (Fee: $400 + Escrow: $1,500) Site Plan Review (Fee: $400 + Escrow: $1,500) Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500) Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) City Code Amendment (Fee: $350 + Escrow: $1,500) 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 Kye Samuelson 3493 Siems Court - Arden Hills 651 336 1830 none none kyesamuelson@gmail.com Kye and Julia Samuelson 3493 Siems Court - Adren Hills 651 336 1830 3493 Siems Court - Arden Hills Lot 10 Block 2 of ARDEN HILLS,RAMSEY COUNTY, MIN 343023220010 Residential Attachment A Page 2 of 3 Brief Description of Request (please also include a typed, detailed letter explaining the project): 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.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. *IMPORTANT* x Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. x 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. x 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. Requesting the consideration of utilization of the Innovative Structures Ordinance to reconstruct a lakeside storage shed with usable proportions to store paddleboards and other water items for purposes of security. We feel that the use of natural materials and a sod roof system would be beneficial, considering the grade difference of approximately 30’ of hillside to traverse, yielding an environmentally-friendly approach and a natural visual setting for homeowner and neighbors looking downward on the lakeside/hillside Page 3 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 8 January 27 February 5 February 24 March 4 March 23 April 8 April 27 May 6 May 25 June 3 June 22 July 8 July 27 August 5 August 24 September 9 September 28 October 7 October 26 November 11 November 23 December 9 January 11 (2021) January 6 (2021) January 25 (2021) 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 Signature (Required) Date ________________________________________________ ________________ 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.org/landuseapplications Kye Samuelson 7-27-20 same as above same as above 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. Location Map Siems CourtArden Pl a c e Ridgewood RoadRidgewood CourtLake Johanna Bou levard± §¨¦35W §¨¦694 £¤10 Park and Open Space Subject Parcel $WWDFKPHQW% Attachment D Kye and Julia Samuelson 3493 Siems Court Variance Request for Accessory Structure Revisions Explanation and Narrative – December 2020 Meetings As a result of the October planning commission meeting, Kye Samuelson and True North Contracting have taken all discussion topics into key consideration and made adjustments/reductions/modifications to acknowledge the variables surfaced in the prior meeting. Below is a summary of the variables addressed: - Repositioning/relocation of the structure, no longer encroaching within Ordinary High-Water Line - Confirmation of positioning of the structure to run laterally/parallel to shoreline - Reduction of overall square footage of the structure o Reduction in length – to 11ft. o Reduction in width – to 8.5 ft. - Confirmation of several variables that make the project entirely unique, in order to reduce precedent and future requests for variance within current code requirements Below is a summary of the key variables in consideration as conditional elements for this variance request: - Proposing the use of language of a ‘floating shed’ meeting the following conditions unique to this specific scenario o No adjustments to the existing footings/framing of the existing structure atop which the accessory structure will be constructed o No adjustment of the land or surface surrounding the area o 100% drainage and runoff (no pervious surface) beneath the existing structure, with runoff uninhibited by foundation or any non-natural elements o Improvement of the previous legal non-confirming structure to promote natural runoff o Optional requirement for addition of vegetation around future structure for environmental and aesthetic purposes o Optional requirements for language on maintenance of vegetation for aesthetic purposes We are hopeful that this summary will provide the necessary information on the key variables in order to accommodate this request for variance supported by the descriptions and rationale provided in response to the statutory requirements. Sincerely, Kye and Julia Samuelson True North Contracting $WWDFKPHQW( City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 1 of 10 MEMORANDUM DATE: December 9th, 2020 PC Agenda Item 3.B TO: Planning Commission Chair and Commissioners FROM: Joe Hartmann, Associate Planner SUBJECT: Planning Case #20-017 – No Public Hearing Required Applicant: Kye Samuelson Property Location: 3493 Siems Court Request: Variance Requested Action Kye Samuelson (“Applicant”) has submitted a land use application for a variance to construct an accessory structure at 3493 Siems Court (“Subject Property”). The Applicant is requesting a variance for flexibility with a proposed accessory structure’s height and size within the Ordinary High Water Level (OHWL) setback. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District, and is guided as Low Density Residential on the Land Use Plan. Variance Flexibility Requested A variance is requested for: 1. Proposed accessory structure height: currently proposed at nine (9) feet and five (5) inches tall, eight (8) feet tall is allowed by ordinance. 2. Proposed accessory structure area, currently proposed at 93.5 square feet, sixty-four (64) square feet is allowed by ordinance. Background 1. Overview of Request At the October 7th Planning Commission meeting the Applicant requested a variance to build a 120 square foot accessory storage structure that encroached 18 inches into the Shore Impact Zone of Lake Johanna. The proposed accessory structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The Planning Commission voted to table that request to allow the Applicant to submit revised plans that would better conform to the provisions of the Shoreland Ordinance. Attachment F City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 2 of 10 The Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. However, the proposed structure still requires a variance due to the proposed height and area that exceeds current ordinance standards. The Applicant proposes adding new conditions of approval to the request that would set performance standards for the structure and recognizes that this would set a precedent for future structures located near the shore to follow (Attachment E). For example, the Applicant proposing the use of language such as calling the overall structure a ‘floating shed’ that would require future residents to meet certain conditions unique to this specific scenario. On the Subject Property, the Applicant notes that the site features 100% drainage and runoff beneath the existing structure, with runoff uninhibited by any foundation or any non-natural elements, which could be a condition of approval for future applications. They also request an optional requirement for the addition and maintenance of vegetation around the future structure for environmental and aesthetic purposes. The Planning Commission is being asked to determine if a variance request for flexibility with the Shoreland Management District setback requirements should be approved for the new proposed accessory structure. This structure requires flexibility from the restrictions for City Code within Shoreland Management Districts. The evaluation of the proposal should be based on the provisions within the Zoning Code and the Requirements for a Variance in Section 1355.04, Subd. 4 and the Continuation of Nonconforming Uses in Section 1350.02. A revised application should be reviewed in the same manner as required for a new application. Any structural alteration or changes to the original plan require that all procedures shall apply as if a new application were being requested. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (R-1 Single Family Residential District) – Section 1320.06 Lot Size and Dimensions The minimum lot width required for the Subject Property is ninety-five (95) feet and the minimum lot length is 130 feet. The minimum lot size is 14,000 square feet. The Subject Property meets the minimum lot width and length requirements for the R-1 District as well as the minimum lot area requirement. The property is approximately 16,152 square feet in area and, including the deck structure near the shore, maintains a structure coverage of 24.8%, a FAR of 0.26, and an impervious surface coverage of 31.3%. The maximum structure coverage allowed is 25%, the maximum FAR allowed is 0.30, and the maximum impervious surface coverage allowed is 35%. If approved for this variance, the property would be beneath the maximum structure coverage, FAR, and impervious coverage allowed under City Code. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 3 of 10 Aerial Photo of the Subject Property and accessory structure location. Structure Setbacks - Flexibility Requested The Subject Property is located within a Shoreland Management District, which impacts the rear setback of the property. Shoreland Management Districts overlay existing zoning districts of the City shown on the official zoning map. The Shoreland Management District classifies Lake Johanna as a General Development Lake, which determines certain setback requirements from the lakeshore. The rear of the Subject Property faces Lake Johanna, which has a setback of fifty (50) feet from the Ordinary High Water Level (OHWL). Minnesota Statutes 103G.005 Subd. 14 defines the OHWL as: “…the elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial…” The OHWL of Lake Johanna is 878 feet above sea level according to Minnesota Department of Natural Resources. The Shore Impact Zone is the land located between the OHWL and a line parallel to it at a setback of 50 percent of the structure setback. In other words, the Shore Impact Zone is the twenty-five (25) feet nearest to the shore within the 50 foot rear yard setback of the OHWL. The proposed structure would be located 25.2 feet from the OHWL setback just outside the Shore Impact Zone on top of where an existing landing structure is located. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 4 of 10 Shoreline Impact Zone and 50’ structure setback. 2.General Regulations – Section 1325.01 Accessory Structures According to City Code Section 1325.01 Subd. 5, B, the exterior finish of accessory structures shall be compatible in appearance and material used with the principal structure served by the accessory structure. The Applicant is requesting a design that matches the exterior finish of the principal structure of the house. The contractor who will build the proposed structure, Scherer Brothers, has confirmed the wall load calculation needs and the truss load on the structure, confirming that there no additional structural needs for wall and roof framing that would affect the outward appearance of the structure. Staff is recommending as a condition of approval that to the extent practical, the exterior materials of the proposed accessory structure shall be consistent or complementary in color, texture and quality with those on the principal structure. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 5 of 10 Floor plans and elevations for the proposed storage structure 3. Shoreland Regulations – Section 1330 Under City Code Section 1330.03 Subd. 5, lakeshore lots may be permitted up to one (1) accessory storage shed within the required structure setback from the OHWL, provided that it is not located within the Shore Impact Zone; does not exceed sixty-four (64) square feet in size and eight (8) feet in height measured to the highest point of the structure; and is not designed or used for human habitation and does not contain a water supply or sewage treatment facilities. Measured from the base of the landing to the highest point of the structure, the proposed structure would exceed the 8 foot height limitation at nine (9) feet, five (5) inches tall. The structure proposed would measure 8.5 feet by 11 feet, or 93.5 square feet, which exceeds the 64 square foot maximum allowed within code. City Code Section 1330.03 Subd. 7 states that in Shore Impact Zones and on steep slopes, limited clearing of trees and shrubs for access to the shoreline, and cutting, pruning, and trimming of trees is allowed provided that a minimum of seventy-five (75) percent of the Shore Impact Zone be left in its natural state. There is a thirty (30) foot grade difference every 100 feet, which creates a steep slope to transport lake items up to store in the garage. The Applicant stated in their original narrative that the grade in the rear of the property is difficult enough to have warranted the construction of a switchback grass trail for a golf cart to bring elderly family members from the driveway down to the lake. This would make it difficult to locate an accessory storage structure elsewhere on the property. The proposal would prevent clearing of trees and shrubs for access elsewhere in the back yard and maintain the Shore Impact Zone. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 6 of 10 Topographic Overlay of 3493 Siems Court, depicting the change in elevation on the Subject Property. City Code Section 1330.03 Subd. 7 continues that, “the minimal amount of vegetation shall be altered and sufficient vegetative cover shall remain to screen cars, dwellings and other structures when viewed from public waters. Except for the removal of invasive species, clear cutting of vegetation shall be prohibited. Native vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff and soil erosion.” The Applicant mentioned within their original narrative that the existing deck would be unobtrusive by adding natural, deep-rooting vegetation around specific areas near the proposed storage structure, creating more coverage and reducing phosphorous runoff. The Applicant argues that this would protect the shoreland after development by reducing the runoff that would otherwise cause water pollution and decreasing the need for additional stormwater treatment infrastructure. 4. Variance Review Requirements – Section 1355.04 The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city’s articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task of considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the minimum OHWL setback requirement City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 7 of 10 within the Shore Impact Zone, any conditions attached should presumably relate to mitigating the effect of the encroachment. Deviations from the requirements for accessory structures in exceptional and unusual circumstances may be permitted after Planning Commission review and City Council approval in accordance with Section 1355.04 Subd 5 and with documentation showing the unusual circumstances justifying the proposed deviation and plans for the proposed accessory structure. The Planning Commission will need to determine, using the following variance findings and criteria, whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all three factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Below are the Applicant’s findings of fact. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive Plan. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District and is guided as Low Density Residential on the Land Use Plan. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the storage of recreational water equipment for a single family home is a reasonable use of an accessory structure within the Shoreland Management District. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, there is a thirty (30) foot grade difference every 100 feet, which creates a very steep slope to transport lake items up to store in the garage. This is unique to the property, making it difficult to place the storage structure elsewhere. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the storage shed would be 30 feet below the adjoining neighbors, The Applicant is proposing to add landscaping to assist in screening the structure and making it inconspicuous and blended to the landscape. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. According to the Applicant the proposed variance is not based on economic consideration. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 8 of 10 A solar energy system is not proposed. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. City Staff received a land use application for a request to build an accessory structure for storage at the Subject Property 3493 Siems Court. 2. Storage of personal items is a permitted use for an accessory structure in the R-1 Single Family Residential District. 3. The Subject Property has a steep downward slope in the rear yard that prevents the Applicant from building on much of the site. 4. The Subject Property meets the minimum lot size, width, and length requirements for the R-1 District. 5. The Applicant is requesting flexibility with the maximum height and size restrictions for an accessory storage shed located within the Ordinary High Water Level (OHWL) setback requirement for Lake Johanna. 6. The rear yard setback requirement for a proposed accessory structure is determined by the OWHL of Lake Johanna. 7. The proposed structure is located 25.2 feet within the OHWL setback from Lake Johanna which is 50 feet. 8. The proposed storage structure would be located outside the Shore Impact Zone of Lake Johanna. 9. One (1) storage shed is permitted with the OHWL setback requirement of Lake Johanna as long as it does not exceed 64 square feet in size and eight (8) feet in height and is not within the Shore Impact Zone. 10. The proposed structure exceeds the height at nine (9) feet five (5) inches tall and exceeds the area dimension at 93.5 square feet. 11. The proposed structure would otherwise conform to all other requirements and standards of the R-1 district. 12. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. Additional Review Residential Building Inspector The Residential Building Inspector has reviewed the plans and has no additional comments at this time. A Zoning Permit will be required prior to construction. Engineering Staff Engineering Staff reviewed the proposal and has no additional comments at this time. Rice Creek Watershed District The Rice Creek Watershed District has reviewed the proposed project and determined that no permit will be required. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 9 of 10 Minnesota Department of Natural Resources The DNR has reviewed the plans and has no additional comments on this time as the City of Arden Hills is the permitting agency. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans, as amended by the conditions below: 1. A Zoning Permit for an accessory structure shall be issued prior to commencement of construction. 2. The exterior materials of the proposed addition shall be consistent or complementary in color, texture and quality with those visible on the existing structure. 3. The Applicant shall add landscaped screening to assist in screening the structure from adjacent properties. Planning staff shall review and approve the screening plan prior to the issuance of Zoning Permit.. 4. The proposed accessory structure shall conform to all other standards and regulations in the City Code. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 20- 017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted materials. 3. Recommend Denial: Motion to recommend denial of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 20-017 for a Variance at 3493 Siems Court: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow a public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Public Comments City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 10 of 10 Staff have received one (1) comment regarding this variance request. The resident stated that they did not object to the request. Deadline for Agency Actions The City of Arden Hills extended the deadline for application processing for an additional 60 days on November 23rd ending on January 24, 2021 unless voluntary extensions are made. The Applicant has submitted revised plans on November 18, 2020 and staff received a completed application on November 30th. With consent of the Applicant, the City may extend the review period beyond the initial 120 days. Attachments A. Land Use Application B. Location Map C. Setback Illustration D. Re-submitted Plans E. 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lanning Case #20-017 Applicant: Kye SamuelsonProperty Location: 3493 Siems CourtRequest: VarianceZoning: R-1 Single Family Residential District Land Use: Low Density Residential Variance Flexibility RequestedThe Applicant is requesting the variance for the storage ofrecreational water equipment due to the rear yard topography.Avariance is requested for:1. Proposed accessory structure height: currently proposed atnine (9) feet and five (5) inches tall, eight (8) feet tall isallowed by ordinance.2. Proposed accessory structure area, currently proposed at93.5 square feet, sixty-four (64) square feet is allowed byordinance. Plan Evaluation•Subject Property is located Lake Johanna,which has a fifty (50) foot setback from theOrdinary High Water Level (OHWL).•Under City Code Section 1330.03 Subd. 5, E,states that lakeshore lots are permitted one(1) accessory storage shed within therequired structure setback from the OHWL.Shoreland Structure Setbacks - Meets Requirements Plan Evaluation•AccessorystructureslocatedintheOHWLsetback shall not exceed 64 square feet insize.•The proposed structure measure 8.5 feet by11 feet, or 93.5 square feet•The maximum permitted height foraccessory structures located within theOHWL setback is eight (8) feet and ismeasured to the highest point of thestructure.•The proposed structure is nine (9) feet, six(6) inches tallShoreland Regulations – 1330.03 Subd. 5 (E) - Flexibility Requested VVariance Requirements –Section 1355.04, Subd. 41. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive Plan. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District and is guided as Low Density Residential on the Land Use Plan.2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term “Practical Difficulties” as used in the granting of a variance means: 1. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the storage of recreational water equipment for a single family home is a reasonable use of an accessory structure within the Shoreland Management District.2. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, there is a thirty (30) foot grade difference every 100 feet, which creates a very steep slope to transport lake items up to store in the garage. This is unique to the property, making it difficult to place the storage structure elsewhere. 3. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the storage shed would be 30 feet below the adjoining neighbors, The Applicant is proposing to add landscaping to assist in screening the structure and making it inconspicuous and blended to the landscape. VVariance Requirements –Section 1355.04, Subd. 4 –Continued 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. According to the Applicant the proposed variance is not based on economic consideration.4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. FFindings of Fact1. City Staff received a land use application for a request to build an accessory structure for storage at the Subject Property 3493 Siems Court.2. Storage of personal items is a permitted use for an accessory structure in the R-1 Single Family Residential District. 3. The Subject Property has a steep downward slope in the rear yard that prevents the Applicant from building on much of the site. 4. The Subject Property meets the minimum lot size, width, and length requirements for the R-1 District.5. The Applicant is requesting flexibility with the maximum height and size restrictions for an accessory storage shed located within the Ordinary High Water Level (OHWL) setback requirement for Lake Johanna. 6. The rear yard setback requirement for a proposed accessory structure is determined by the OWHL of Lake Johanna.7. The proposed structure is located 25.2 feet within the OHWL setback from Lake Johanna which is 50 feet.8. The proposed storage structure would be located outside the Shore Impact Zone of Lake Johanna. 9. One (1) storage shed is permitted with the OHWL setback requirement of Lake Johanna as long as it does not exceed 64 square feet in size and eight (8) feet in height and is not within the Shore Impact Zone.10. The proposed structure exceeds the height at nine (9) feet six (6) inches tall and exceeds the area dimension at 93.5 square feet. 11. The proposed structure would otherwise conform to all other requirements and standards of the R-1 district. 12. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. MMotion Language Options •Recommend Approval with Conditions: Motion to recommend approval of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans, as amended by following conditions:1. A Zoning Permit for an accessory structure shall be issued prior to commencement of construction. 2. The exterior materials of the proposed addition shall be consistent or complementary in color, texture and quality with those visible on the existing structure.3. The Applicant shall add landscaped screening to assist in screening the structure from adjacent properties. Planning staff shall review and approve the screening plan prior to the issuance of Zoning Permit.4. The proposed accessory structure shall conform to all other standards and regulations in the City Code. MMotion Language OOptions –Continued •Recommend Approval as Submitted: Motion to recommend approval of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans in the January 11, 2021, Report to the City Council.•Recommend Denial: Motion to recommend denial of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the following findings of fact: findings to deny should specifically reference the reasons for denial. •Table: Motion to table Planning Case 20-017 for a Variance at 3493 Siems Court: a specific reason and/or information request should be included with a motion to table. 1 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-003 RESOLUTION APPROVING A VARIANCE FOR THE SUBJECT PROPERTY 3493 SIEMS COURT WHEREAS, City Staff received a land use application for a variance request to build an accessory storage structure within the Ordinary High Water Level (OHWL) setback on a property in the R-1 district at 3493 Siems Court (“Subject Property”); WHEREAS, the Subject Property is located within a Shoreland Management District, which has a 50 foot setback from the OHWL of Lake Johanna; WHEREAS, the proposed accessory storage structure does not meet the maximum height and area requirements for a structure built within the OHWL setback; WHEREAS, the proposed accessory storage structure would have a height of nine and a half (9.5) feet and an area of ninety-three and a half (93.5) square feet, where the maximum height allowed for a structure within the OHWL setback is eight (8) feet tall and the maximum structure size allowed is sixty-four (64) square feet; WHEREAS, a variance may be granted when it is in harmony with the general purposes and intent of the zoning ordinance if enforcement of a provision in the ordinance would cause the landowner practical difficulties; WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 500 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that does not require a public hearing; WHEREAS, the City’s obligation has been met where the Arden Hills Planning Commission duly held a hearing on December 9th 2020. All persons present at said meeting were given an opportunity to be heard and present written statements; WHEREAS the Planning Commission considered the recommendation of the City Staff that this request be approved and, as such voted 4-3 in favor of the request; and, Attachment I 2 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2021-003 approving Planning Case 20-017 for a variance request at the Subject Property 3493 Siems Court to enable a structure within the OHWL setback. BE IT FURTHER RESOLVED that City Council approves Planning Case 20-017 for a variance request at the Subject Property 3493 Siems Court, based on the findings of fact and the submitted plans in the December 9th, 2020 Report to the Planning Commission, as amended by the following conditions: 1. A Zoning Permit for an accessory structure shall be issued prior to commencement of construction. 2. The exterior materials of the proposed addition shall be consistent or complementary in color, texture and quality with those visible on the existing structure. 3. The Applicant shall add landscaped screening to assist in screening the structure from adjacent properties. Planning staff shall review and approve the screening plan prior to the issuance of Zoning Permit.. 4. The proposed accessory structure shall conform to all other standards and regulations in the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 11th DAY OF JANUARY 2021. ________________________________ Mayor Attest: ______________________________ City Clerk