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HomeMy WebLinkAbout06-28-21-RPage 1 of 2 DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Authorization to Begin Recruitment Process for a Building Inspector and Code Enforcement Officer Budgeted Amount: Estimated Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: x Authorizing staff to begin the recruitment process for a Building Inspector and Code Enforcement Officer. All items need a simple majority for action unless otherwise noted. Background The City currently has a vacancy for a Building Inspector and Code Enforcement Officer, the City Council is asked to allow staff to being the recruitment process for the position. Anticipated process: -Council approves authorization to begin the recruitment process -Staff posts for the position and reviews candidates -Staff reviews applications and selects interview candidates -Staff will conduct a first round of interviews and select final round candidates -Staff will conduct a final interview. -Staff will bring forward a finalist for official Council approval Councilmembers have previously expressed an interest in being part of the interview panel for certain positions at City Hall, currently no Councilmembers are slated to be on the interview panel for this position; should Council want to designate Councilmembers to attend they should do so with this authorization (it would need to be pulled from consent and approved). BENCH HANDOUT CONSENT – 6G MEMORANDUM Bench Handout Page 2 of 2 Budget Impact This position will not adversely affect the 2021 budget as it is replacing a previously budgeted position. Attachments N/A APPROVAL 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 Response From June 14, 2021 City Council Meeting Dave Perrault, City Administrator MEMO.PDF STAFF COMMENTS COVID -19 Update Dave Perrault, City Administrator MEMO.PDF Transportation Update David Swearingen, Interim Public Works Director MEMO.PDF NIght To Unite Update Julie Hanson, City Clerk MEMO.PDF APPROVAL OF MINUTES May 17, 2021 City Council Work Session 05 -17 -21 -WS.PDF June 7, 2021 Special City Council Work Session 06 -07 -21 -SWS.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 CLAIMS AND PAYROLL 6 -28 -21.PDF Motion To Approve Resolution 2021 -031 Flexibility For Local Businesses Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Award PSA Engineering Agreement For Snelling Ave N Street And Utility Improvements David Swearingen, Interim Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Authorize To Begin Recruitment Process For A Building Official Dave Perrault, City Administrator MEMO.PDF Motion To Approve Consent And Recognition Agreement With Scannell Properties Jane Kansier, AICP, Planning Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Accept Building Inspector Resignation Dave Perrault, City Administrator MEMO.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Lifelong Wealth Advisors Master PUD Jane Kansier, AICP, Planning Consultant 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 ATTACHMENT J.PDF ATTACHMENT K.PDF New Perspectives Comprehensive Plan Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives PUD Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF NEW BUSINESS Lifelong Wealth Advisors Master PUD Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives Comprehensive Plan Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives PUD Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF PC 21 -008, Ordinance 2021 -004, Accessory Structures Jane Kansier, AICP, Planning Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Steve Scott Regular City Council Agenda June 28, 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/89412890247 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: 4.B. Documents: 4.C. Documents: 5. 5.A. Documents: 5.B. Documents: 6. 6.A. Documents: 6.B. Documents: 6.C. Documents: 6.D. Documents: 6.E. Documents: 6.F. Documents: 7. 8. 8.A. Documents: 8.B. Documents: 8.C. Documents: 9. 9.A. Documents: 9.B. Documents: 9.C. Documents: 9.D. Documents: 10. 11. 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 INQUIRIESResponse From June 14, 2021 City Council MeetingDave Perrault, City Administrator MEMO.PDF STAFF COMMENTS COVID -19 Update Dave Perrault, City Administrator MEMO.PDF Transportation Update David Swearingen, Interim Public Works Director MEMO.PDF NIght To Unite Update Julie Hanson, City Clerk MEMO.PDF APPROVAL OF MINUTES May 17, 2021 City Council Work Session 05 -17 -21 -WS.PDF June 7, 2021 Special City Council Work Session 06 -07 -21 -SWS.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 CLAIMS AND PAYROLL 6 -28 -21.PDF Motion To Approve Resolution 2021 -031 Flexibility For Local Businesses Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Award PSA Engineering Agreement For Snelling Ave N Street And Utility Improvements David Swearingen, Interim Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Authorize To Begin Recruitment Process For A Building Official Dave Perrault, City Administrator MEMO.PDF Motion To Approve Consent And Recognition Agreement With Scannell Properties Jane Kansier, AICP, Planning Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Accept Building Inspector Resignation Dave Perrault, City Administrator MEMO.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Lifelong Wealth Advisors Master PUD Jane Kansier, AICP, Planning Consultant 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 ATTACHMENT J.PDF ATTACHMENT K.PDF New Perspectives Comprehensive Plan Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives PUD Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF NEW BUSINESS Lifelong Wealth Advisors Master PUD Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives Comprehensive Plan Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives PUD Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF PC 21 -008, Ordinance 2021 -004, Accessory Structures Jane Kansier, AICP, Planning Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council AgendaJune 28, 20217:00 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity 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/89412890247This 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: 4.B. Documents: 4.C. Documents: 5. 5.A. Documents: 5.B. Documents: 6. 6.A. Documents: 6.B. Documents: 6.C. Documents: 6.D. Documents: 6.E. Documents: 6.F. Documents: 7. 8. 8.A. Documents: 8.B. Documents: 8.C. Documents: 9. 9.A. Documents: 9.B. Documents: 9.C. Documents: 9.D. Documents: 10. 11. 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 INQUIRIESResponse From June 14, 2021 City Council MeetingDave Perrault, City AdministratorMEMO.PDFSTAFF COMMENTSCOVID-19 UpdateDave Perrault, City AdministratorMEMO.PDFTransportation UpdateDavid Swearingen, Interim Public Works DirectorMEMO.PDFNIght To Unite UpdateJulie Hanson, City ClerkMEMO.PDFAPPROVAL OF MINUTESMay 17, 2021 City Council Work Session05-17 -21 -WS.PDFJune 7, 2021 Special City Council Work Session06-07 -21 -SWS.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 Payroll Gayle Bauman, Finance Director CLAIMS AND PAYROLL 6 -28 -21.PDF Motion To Approve Resolution 2021 -031 Flexibility For Local Businesses Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Award PSA Engineering Agreement For Snelling Ave N Street And Utility Improvements David Swearingen, Interim Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Authorize To Begin Recruitment Process For A Building Official Dave Perrault, City Administrator MEMO.PDF Motion To Approve Consent And Recognition Agreement With Scannell Properties Jane Kansier, AICP, Planning Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Accept Building Inspector Resignation Dave Perrault, City Administrator MEMO.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Lifelong Wealth Advisors Master PUD Jane Kansier, AICP, Planning Consultant 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 ATTACHMENT J.PDF ATTACHMENT K.PDF New Perspectives Comprehensive Plan Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives PUD Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF NEW BUSINESS Lifelong Wealth Advisors Master PUD Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives Comprehensive Plan Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives PUD Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF PC 21 -008, Ordinance 2021 -004, Accessory Structures Jane Kansier, AICP, Planning Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council AgendaJune 28, 20217:00 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity 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/89412890247This 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:4.B.Documents:4.C.Documents:5.5.A.Documents:5.B.Documents:6. 6.A. Documents: 6.B. Documents: 6.C. Documents: 6.D. Documents: 6.E. Documents: 6.F. Documents: 7. 8. 8.A. Documents: 8.B. Documents: 8.C. Documents: 9. 9.A. Documents: 9.B. Documents: 9.C. Documents: 9.D. Documents: 10. 11. 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 INQUIRIESResponse From June 14, 2021 City Council MeetingDave Perrault, City AdministratorMEMO.PDFSTAFF COMMENTSCOVID-19 UpdateDave Perrault, City AdministratorMEMO.PDFTransportation UpdateDavid Swearingen, Interim Public Works DirectorMEMO.PDFNIght To Unite UpdateJulie Hanson, City ClerkMEMO.PDFAPPROVAL OF MINUTESMay 17, 2021 City Council Work Session05-17 -21 -WS.PDFJune 7, 2021 Special City Council Work Session06-07 -21 -SWS.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 DirectorCLAIMS AND PAYROLL 6 -28 -21.PDFMotion To Approve Resolution 2021 -031 Flexibility For Local BusinessesJessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Award PSA Engineering Agreement For Snelling Ave N Street And Utility ImprovementsDavid Swearingen, Interim Public Works DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Authorize To Begin Recruitment Process For A Building OfficialDave Perrault, City AdministratorMEMO.PDFMotion To Approve Consent And Recognition Agreement With Scannell Properties Jane Kansier, AICP, Planning ConsultantMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Accept Building Inspector ResignationDave Perrault, City Administrator MEMO.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Lifelong Wealth Advisors Master PUD Jane Kansier, AICP, Planning Consultant 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 ATTACHMENT J.PDF ATTACHMENT K.PDF New Perspectives Comprehensive Plan Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives PUD Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF NEW BUSINESS Lifelong Wealth Advisors Master PUD Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives Comprehensive Plan Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives PUD Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF PC 21 -008, Ordinance 2021 -004, Accessory Structures Jane Kansier, AICP, Planning Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council AgendaJune 28, 20217:00 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity 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/89412890247This 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:4.B.Documents:4.C.Documents:5.5.A.Documents:5.B.Documents:6.6.A.Documents:6.B.Documents:6.C.Documents:6.D.Documents:6.E.Documents:6.F. Documents: 7. 8. 8.A. Documents: 8.B. Documents: 8.C. Documents: 9. 9.A. Documents: 9.B. Documents: 9.C. Documents: 9.D. Documents: 10. 11. 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 INQUIRIESResponse From June 14, 2021 City Council MeetingDave Perrault, City AdministratorMEMO.PDFSTAFF COMMENTSCOVID-19 UpdateDave Perrault, City AdministratorMEMO.PDFTransportation UpdateDavid Swearingen, Interim Public Works DirectorMEMO.PDFNIght To Unite UpdateJulie Hanson, City ClerkMEMO.PDFAPPROVAL OF MINUTESMay 17, 2021 City Council Work Session05-17 -21 -WS.PDFJune 7, 2021 Special City Council Work Session06-07 -21 -SWS.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 DirectorCLAIMS AND PAYROLL 6 -28 -21.PDFMotion To Approve Resolution 2021 -031 Flexibility For Local BusinessesJessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Award PSA Engineering Agreement For Snelling Ave N Street And Utility ImprovementsDavid Swearingen, Interim Public Works DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Authorize To Begin Recruitment Process For A Building OfficialDave Perrault, City AdministratorMEMO.PDFMotion To Approve Consent And Recognition Agreement With Scannell Properties Jane Kansier, AICP, Planning ConsultantMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Accept Building Inspector ResignationDave Perrault, City AdministratorMEMO.PDFPULLED CONSENT ITEMSThose items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda.PUBLIC HEARINGSLifelong Wealth Advisors Master PUDJane Kansier, AICP, Planning ConsultantMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFATTACHMENT E.PDFATTACHMENT F.PDFATTACHMENT G.PDFATTACHMENT H.PDFATTACHMENT I.PDFATTACHMENT J.PDFATTACHMENT K.PDFNew Perspectives Comprehensive Plan AmendmentJane Kansier, AICP, Planning ConsultantMEMO.PDFNew Perspectives PUD AmendmentJane Kansier, AICP, Planning ConsultantMEMO.PDFNEW BUSINESSLifelong Wealth Advisors Master PUDJane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives Comprehensive Plan Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF New Perspectives PUD Amendment Jane Kansier, AICP, Planning Consultant MEMO.PDF PC 21 -008, Ordinance 2021 -004, Accessory Structures Jane Kansier, AICP, Planning Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council AgendaJune 28, 20217:00 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity 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/89412890247This 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:4.B.Documents:4.C.Documents:5.5.A.Documents:5.B.Documents:6.6.A.Documents:6.B.Documents:6.C.Documents:6.D.Documents:6.E.Documents:6.F.Documents:7.8.8.A.Documents:8.B.Documents:8.C.Documents:9.9.A. Documents: 9.B. Documents: 9.C. Documents: 9.D. Documents: 10. 11. Page 1 of 1 RESPONSE TO PUBLIC INQUIRIES – 3A MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Public Inquiry Response from June 14, 2021 City Council meeting Budgeted Amount: Actual Amount: Funding Source: $ $ $ Background At the June 14, 2021, City Council meeting, a resident commented on the City’s procedure for taking public comment. A verbal response will be provided at the June 14, 2021 City Council meeting. Page 1 of 1 STAFF COMMENTS – 4A MEMORANDUM DATE: TO: FROM: June 28, 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. Page 1 of 1 STAFF COMMENTS – 4B MEMORANDUM DATE: TO: FROM: June 28, 2021 Honorable Mayor and City Councilmembers Dave Perrault, City Administrator David Swearingen, Interim Public Works Director/City Engineer SUBJECT: Transportation Update Budgeted Amount: Actual Amount: Funding Source: $ $ $ A verbal update will be provided at the City Council meeting. Page 1 of 1 STAFF COMMENTS – 4C MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, City Clerk SUBJECT: Night to Unite Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Each year the City Council supports the neighborhood Night to Unite effort by attending many events that evening throughout the city. Background/Discussion Night to Unite will be held on Tuesday, August 3 from 5:00 to 9:00 pm. Individuals interested in hosting are encouraged to register their party by Friday, July 16, 2021, in order to ensure a deputy visit. Registration can be completed online at https://www.surveymonkey.com/r/NTU2021 or by visiting the Ramsey County Sheriff’s Office webpage, which has more information about the event itself in general. Please note we also have this registration link as well as a link to the Sheriff’s Office page with more information on the City’s website main page under News and Announcements. Those who are registered to host a neighborhood gathering may be visited by community officials, fire departments, and Ramsey County Sheriff’s Office representatives. Unfortunately, due to COVID-19, Night to Unite was cancelled last year, and so many are looking forward to resuming this important opportunity to meet their neighbors and members of the community! A list of neighborhoods participating in Night to Unite will be sent to the City Council when it becomes available to staff. Budget Impact N/A Attachments N/A Approved: June 28, 2021 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION MAY 17, 2021 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 at 5:00 p.m. Note: On March 20th, 2020 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, Interim Public Works Director David Swearingen, Senior Planner Jessica Jagoe, Finance Director Gayle Bauman, Deputy City Clerk Jolene Trauba and Ramsey County Traffic Enforcement Deputy Sheriff Mike Casey Also present via telephone: Bolton & Menk Planning Consultant Jane Kansier, U + B Architecture & Design Partner Paul Udris, U + B Architecture & Design Representative Andy Fest, Wold Architects Partner Paul Aplikowski, Mounds View School District Superintendent Chris Lennox, Mounds View School District Representative Michael Schwartz, Mounds View School District Director of Facilities Chris Paquette, Bolton & Menk Traffic Engineer Jacob Bongard, Anderson Johnson Representatives Dave Rey and Doug Hall, HR Green Regional Transportation Director John Morast 1. AGENDA ITEMS A. Lifelong Wealth Advisors Concept Plan Planning Consultant Kansier stated that Lifelong Wealth Advisors applied for a Concept Plan Review, for property located at 1150 County Road E. It is currently a vacant lot and they are proposing a 5,600 square foot office building on an approximately 28,000 square foot lot. In 2009 the City Council approved the Arden Plaza Master PUD. In 2011 the plan was amended to reduce the number of new buildings to three: Walgreens, the Tavern Grill, and a future building on Lot 2. In 2016, the City Council approved an amendment to the PUD to allow a neighborhood medical ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 2 clinic on Lot 2, but the clinic chose not to build on the site. The property is currently zoned B-2 (General Business District), which permits financial institutions & services as well as offices. The applicant is anticipating a total of 12 full-time employees at the site with 9-5 office hours. The access point to the parking lot will be located on the south side of the property. Planning Consultant Kansier continued saying they will need to make a full application for a Planned Unit Development. In addition, a PUD would allow the Council to grant flexibility. Current City Code states “at least fifty percent (50%) of the largest building on each site shall be constructed at the front setback line.” The applicant is requesting flexibility on this requirement, as they are not proposing to place the building at either the 20-foot setback line from County Road E or the setback line from the internal property line facing Arden Plaza. Planning Consultant Kansier stated a building of this size requires one parking stall for every 250 square feet, for a total of 23 stalls. The Applicant is proposing 20 parking stalls, with proof of parking for an additional 3 stalls. Based on preliminary landscaping plans, the Applicant will likely meet all requirements. The Applicant is proposing two wall signs on the south and north elevations of the building. Both proposed signs are less than 25 square feet in area which is consistent with sign criteria. Planning Consultant Kansier said the Applicant is requesting flexibility on building transparency. City Code states that 50% of all first level building facades that front a public street shall be comprised of transparent windows or doors. On the north elevation they are showing 37% of transparency. The second building requirement involves building materials. The City Ordinance requires at least seventy-five percent (75%) of the exterior building materials be of brick masonry, tile masonry, natural stone, decorative concrete plank, transparent glass or any combination thereof. The majority of the proposed elevations will be constructed out of patterned cement rainscreen, anchored stone masonry veneer, and transparent glass. Planning Consultant Kansier noted the last piece of possible flexibility is pedestrian and bicycle circulation. City Code requires a six-foot concrete sidewalk adjacent to or in the right-of-way. There is an existing bituminous path from Walgreens to the access road to the west. An eight-foot concrete sidewalk is on the west. The applicant would prefer to maintain the five-foot bituminous pathway, rather than provide a six-foot concrete sidewalk. Planning Consultant Kansier said discussion items for the Council include the items of potential flexibility: parking requirements, front setback line, building elevations and building materials, and pedestrian and bicycle circulation. Councilmember Holden asked if the north side of the building would be parallel with Walgreens. Planning Consultant Kansier said the north side of Walgreens is closer to the property line. The proposed building is south of the storm water pond. U + B Architecture & Design Representative Udris responded the existing biofiltration swale on County Road E would remain and the building will be behind that. Councilmember Holden asked what materials would be facing County Road E. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 3 Mr. Udris said it would be a combination of stone and panels that resemble wood. All facades will have windows. Mr. Fest added that the main entrance faces south. Mayor Grant asked what is the nature of the business of the Applicant. Mr. Udris said they are a financial investment company, wanting to move their headquarters from Minneapolis to Arden Hills. Mr. Udris explained the height of the window placement is for privacy in the offices, especially those on County Road E. Councilmember Holden asked if the HVAC would be on the roof. Mr. Udris said it would be, but set back as far as possible. Mr. Fest added the unit heights would be four to five feet. Councilmember Holden asked what kind of brick material they will use. Mr. Udris said it the darker material is a stone material, the lighter is patterned like brick. It will be full depth stone, similar to brick. Councilmember McClung asked if they would they meet the landscape requirements if they required to install 23 parking stalls. Planning Consultant Kansier responded that she didn’t have enough information to answer that at this time, but it would be part of the approval review process, and they would be required to meet the landscape requirements. Mr. Udris explained that there will be about 12 people working in the building and a few clients throughout the day and they would rather have more landscaping than parking. Councilmember Holmes mentioned that they are considering changing the B-2 Zoning Ordinance to have the front of the building toward the street. Mr. Udris said the owners are happy with the building facing south and away from the street, for southern light and to shield noise from County Road E. Mayor Grant asked how tall the building will be. Planning Consultant Kansier replied that the building will be approximately 17 feet tall. County Road E is about 2 feet higher than the grade of the lot where the building will sit. Mayor Grant asked about screening for the HVAC system. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 4 Planning Consultant Kansier said they will have to provide screening, probably similar to what they see at Walgreen’s. Mr. Fest mentioned there is another retention area in the southwest corner of the lot that the parking lot drainage will go to. Mayor Grant said he would go through the discussion items, starting with parking. Councilmember McClung said he’d like the drainage to not be impacted if they need to add the additional parking. Everyone was OK with 20 stalls. Mayor Grant moved on to the front setback line. Council did not object to the request. Mayor Grant continued with building elevations, to reduce the required window area from 50% to 37%, and to allow patterned cement and anchored stone masonry veneer. Planning Consultant Kansier explained it was 37% on the elevation facing the public right-of- way, or only the north elevation. Councilmember McClung commented that he was fine with the 37% but that he’d like to see the faux wood and know more about how it would stand up. Councilmember Holden agreed and she would want to see a materials board. Councilmember Scott said given the nature of the company he felt they wouldn’t put up a building that would start looking shoddy. He was comfortable with the window transparency issue. Councilmember Holmes felt they needed to look at the materials carefully. Mayor Grant said he had concerns about the materials as well. Mr. Udris said they can provide better renderings. He noted they are vacating their office space in Minneapolis in order to build in Arden Hills. Mayor Grant said the pedestrian and bike circulation item was requesting to reduce the minimum trail size from six feet to five feet and allowing the existing bituminous versus concrete. Councilmember Holden didn’t have an issue with that but wondered if they would put a bike rack on their property. Mr. Udris felt they would be happy to do that. Councilmember McClung had concerns with reducing the trail size and not using concrete. He felt this was an area they shouldn’t allow flexibility. Councilmember Scott said he would like to see the concrete sidewalk for ease of use, maintenance and ADA issues. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 5 Mayor Grant would also like to see the concrete sidewalk. Mayor Grant recapped that they were good with parking, setback line, probably OK with windows, concerns about building materials, and they’d like to see a concrete sidewalk. Councilmember Scott added that he’d be thrilled to see a business relocate from downtown. Further discussion ensued regarding parking spaces. B. MVHS PUD Update/Crossing Light Planning Consultant Kansier stated that Mounds View High School is asking for input on a potential amendment to the Lake Valentine Road layout and to the timing of construction. A PUD was approved in 2019, in order to develop property on the north side of Lake Valentine Road in conjunction with the high school remodeling. Most of the parking was moved to the north parking lot. There was a lot of discussion about traffic and pedestrian issues and the improvements that needed to be made. The pedestrian signals were installed last year. The final piece is changes to the road configuration. Originally the access road was to be moved to the west to provide a better alignment. The School District has been working with the State on the property purchase, the State has indicated they are at another year out in considering the sale of this land. In light of that, the School District would like to discuss a revised layout for the Lake Valentine Road improvements. The current timing, for either the approved or revised alignment, does not allow the School District to complete this construction in 2021. The applicant is also requesting the Council consider extending this deadline to 2022. Councilmember Holmes wondered if they were trying to move the parent drop off farther east to line up with the parking lot exit. Wold Architects Partner Aplikowski said the primary revision is the access to the turnaround on the south side of the road to be relocated about 70 feet to the east to line up with the driveway on the north. He noted that the process of buying the land from the State is going so slow that they are fearful that if they wait another year they still won’t get answers. Mr. Aplikowski explained that the only real changes from the last plan that was approved was that the driveway on the parking lot side was going to move west, and the existing driveway would stay where it was. The new version brings both of those driveways to the east. Alignment across the street was always a concern and they hope to facilitate that within the property the school district owns. The driveway on the school district property will be a little steeper, but manageable and stacking headed west will get shortened slightly. Councilmember Holmes wondered if they realized there was still a crosswalk painted on the road and people are crossing there. She felt people were crossing there and not crossing at the light. Mounds View School District Director of Facilities Paquette said he has no problem working with contractors to get the crosswalk blacked out. Mounds View School District Representative Schwartz said they currently have two dismissal times, and the majority of kids leave the building at 2:45, and cross at the light. He reviewed the ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 6 numbers of people he counted crossing at the light during different time periods and felt most students cross at the light. Councilmember Scott agreed the old crosswalk markings should be removed. Councilmember Holden suggested they make removal of the old crosswalk a part of the approval. Mr. Paquette said he could have it removed right away. Mayor Grant asked how they could stop students parking on the west side from crossing where they want. Mr. Schwartz replied that it takes time and training but the kids will do what they tell them. Unfortunately, it’s more adults that cross there than students. He can get more firm with them. Mr. Paquette added that at the last meeting they had with the State they thought it would be another nine to 12 months before they would review it, and couldn’t guarantee there would be a sale. The school district would like to get the rest of the project done within their own property, along with reroofing and residing the former bus garage and the parking lot cleaned up. Councilmember Holden asked for an explanation of how much safer completing the project this way would be versus with the State property. Bolton and Menk Traffic Engineer Bongard said the average queue westbound into the site during site observations was one or two vehicles and the maximum was five. From what they see it is functioning well and the patrol officer on site is optimistic about how traffic is moving. Relocating the access further to the west on the State site was the preferred option, but with the current locations with the driveways offset makes for a little uncomfortableness for people trying to turn left from the west to east because of the overlap. Eastbound into the site will be cleaner with dedicated right and left turn lanes. After revisiting options after receiving the news on the State site they feel the current proposal is the best option. Councilmember Holden wondered if it was worth making this change now or wait until they acquire the State property and do it right for the long term. Mayor Grant said if they could educate the kids to use the appropriate crossing, then why would they not wait to buy the property from the State. Mr. Paquette responded that there is no guarantee that they get the property, so they would be back at square one. They would like to get the turn lane changes done, so if the City accepts the plan they are putting forth they could stop pursuing the State land. Mayor Grant asked if they would be losing parking stalls in the general area. Bolton & Menk Traffic Engineer Bongard said he didn’t have an exact answer but he will quantify the parking counts when they come back with a full plan. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 7 Councilmember Holden would like to stipulate that if they get the State property they have no left hand turns out of the parking lot as they exist now. Mr. Paquette clarified that if the Council approves the solution being presented they won’t pursue the State property. Councilmember McClung said his preference would be to get the State land, but he would begrudgingly agree that this is probably the best alternative, although not as safe. Councilmember Holmes asked if traffic was held and stopped for all the buses to leave, and asked for clarification. Mr. Schwartz said in the morning the buses drop and go, and in the afternoon they depart at approximately 3:14, are out in 90 seconds. If buses are queued in the morning they will stop traffic to let them in. They don’t have room to back up so they all have to leave at the same time in the afternoon. Mayor Grant summarized that some want to evaluate this further when it comes forward but have concerns. Several would have liked to see the State property be used. Pedestrian safety is still the goal, along with traffic flow. Mr. Schwartz said the timeline is a problem, they want to get it completed by the end of next summer, and go one more year as is. C. Speed Limit on City Streets HR Green Regional Transportation Director Morast explained that the Minnesota Legislature changed the local road speed limit rules in August, 2019. In the new process, Cities now can lower speed limits only on City streets. Cities must develop procedures to set limits based on safey, engineering and traffic analysis. Surrounding cities have made some changes, the biggest being St. Anthony Village. They changed to 25 mph right away, Public Works made and installed the signs. Falcon Heights is looking at changing or reducing speed limits. Other cities are waiting for a variety of reasons. The City of Minneapolis decided in March, 2020, reduced speed limits in November and launched a Slower is Safer campaign. St. Paul essentially did the same, passing their ordinance in October 2019. The Minnesota Local Road Research Board (LRRB) has two studies underway. They are studying guidelines for determining speed limits on municipal roadways, and the impact of speed limit changes on urban streets. Arden Hills can choose to do nothing and make no changes, reduce City speed limits to 25 mph, wait for the LRRB study results, wait for other cities to act, do safety, engineering and traffic analysis or develop procedures to reduce speed limits. Councilmember Holden wondered why the City would need a safety, engineering and traffic study. Mr. Morast replied that the analysis was required in the Statute. Not all streets would need to be lowered, the analysis would help with determining that. Councilmember Holmes asked when the studies will be completed. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 8 Mr. Morast thought it would be sometime this summer. He can take a closer look and let staff know. Mayor Grant asked if the city was required to follow the results of the studies. Mr. Morast said the studies will be guidelines for cities to use, they will not be required to follow the results. Councilmember Holden felt it was important they move forward. She thought speed was the number one complaint in the City. Mayor Grant commented there were 13 distinct neighborhoods in Arden Hills so he wasn’t sure how much the LRRB results would apply. Councilmember McClung said he supported moved forward but would like a map of which streets that they have authority to make changes to along with which ones are residential and which ones are feeder streets. Mr. Morast noted that counties don’t have authority to change speed limits without speed studies and DOT approval. D. State Fair Parking Interim Public Works Director Swearingen stated that around the City of Arden Hills there are multiple locations for park and rides to the State Fair. Over the last several years Council has developed a parking restriction plan to mitigate the issues that arise from people parking on City streets while utilizing the park and ride locations. This year the 2021 PMP project is within the Hazelnut neighborhood and will be in full effect at the time of the fair. Parking will be prohibited throughout the site and must be restricted completely to not interfere with construction activities. It is recommended that large signs are posted at all construction entrances specifically calling out “No State Fair Parking”. The project’s inspection staff has been informed that this will be an issue and they will be monitoring the construction site since they will be present every day. Interim Public Works Director Swearingen said in 2019 the Sheriff reported approximately 50 citations on New Brighton Rd for State Fair parking. There was a request for no parking along Stowe Avenue east of New Brighton Road and there were cars parked in the right-hand turn lane of Pine Tree Drive. Councilmember Holden was confused if cars were allowed to park on the County Road (New Brighton Road) or not. Interim Public Works Director Swearingen said he was waiting for a return call from a traffic engineer to answer that question. Ramsey County Traffic Enforcement Deputy Sheriff Casey said he hadn’t seen cars parked on New Brighton Road as overflow from the church parking lot until the day he wrote all the citations. They were parking on both sides of the road and in the old fire hall. He issued citations for parking on the grass. He tried to check with the County to find out if parking was allowed but didn’t get an answer. He would like to see no parking signs on New Brighton Road like the City ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 9 does on the side streets. He would be OK with one side of New Brighton Road marked no parking. The corner of Pine Tree Drive needs to be shut down because of the buses taking that route. Mayor Grant noted that Jerrold, Edgewater, Glen Paul and Prior are all being redone and the construction will coincide with State Fair parking. No vehicles can be parked on those roads. Deputy Sheriff Casey felt there wasn’t a lot of State Fair parking on Glen Paul or Prior. Jerrold and Edgewater are used heavily. Mayor Grant said they are probably going to have to tow vehicles in the construction area. Deputy Sheriff Casey recommended the signs in the construction area be marked “No Parking, Tow-Away Zone”. After discussion, the Council was in agreement to mark the construction area as a tow-away zone. Staff will discuss wording with the City Attorney. Councilmember Holden asked if the Sheriff’s office would be open to having parking on one side of New Brighton Road. Deputy Sheriff Casey said they would need to talk to the County. City Administrator Perrault asked if the County is open to the City signing one side of the road, would that be the Council’s directions to staff? Mayor Grant said that was the general consensus. If they notify the State Fair that the surrounding neighborhood will be under reconstruction they may choose to not operate that particular park and ride. Councilmember Holden added that there should be signs a little farther north on Benton Way. E. PTRC Discussion City Administrator Perrault noted that trail priorities and work plans will be brought forward to a future meeting. This discussion is for current issues with the PTRC. Mayor Grant said there were issues in regard to a park bench donated by State Farm, and appropriateness of what some of the PTRC members are doing. Councilmember Holden was surprised to find out the PTRC is limiting themselves to trails. She has a list of 13 things she believes should be in the work plan for PTRC. She assumes the Council liaison will bring those issues to them. Mayor Grant said he could bring the list to the PTRC. Councilmember Holden didn’t like the PTRC assigning staff work when they are supposed to be a working committee. She felt there was more the committee could be doing in recreation areas. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 10 Councilmember McClung agreed in Councilmember Holden’s suggestions, and felt they don’t have a PTRC committee, they have a T committee. He is glad they are advocates for trials but the need to also show enthusiasm for parks and recreation. He thinks they need a direct work plan along with a refresher about what it means to be an advisory committee to the Council. Mayor Grant said they do review the parks annually. They assigned everyone a trail but not a park. Councilmember Holden said going to the parks once a year isn’t showing interest in the parks. They should be reporting things as they see them, not just once a year. Councilmember McClung said he was on the PTRC previously and been Council liaison. He remembers discussions about how to improve the parks and he would like to have more of a balance from the committee now. For example, what should the recreation programs post COVID look like, and how can they work cooperatively with other cities. Councilmember Scott commented that he spent eight years on the PTRC and felt they were fairly balanced at that time. The focus has become more trail centric, but they do need to focus on parks and recreation. He had no problem redirecting the group. Councilmember Holmes agreed with the points in the email. Mayor Grant added there was a member of the PTRC who approached another city, he didn’t think that was appropriate. There were also certain things with a park bench that also weren’t proper. Councilmember Holden said it was at a Council meeting that she learned a member of PTRC approached another city instead of that city dealing with Arden Hills, and she felt that was inappropriate. Councilmember Holmes added that she was trying to figure out what the donation was and if the wording on the plaque. She said there was a notation on the donation application to have staff inquire about a second plaque. The donor said he was pressured to have a plaque on the front and on the back in order to get a better location in a park, but he really only wanted his own plaque. The application says the City will contact them to discuss the location of the bench, but apparently the PTRC member designated the bench to be in Crepeau Park. Councilmember Holden said telling someone “if you do this, we’ll give you a better location” is totally inappropriate. She felt the person that did this should no longer be on the PTRC, between bribing the donor and adding to the form. She felt that is not what the City should have as a representative. Mayor Grant said he didn’t know if they had actually approved that individual to be on the PTRC, at one point he had resigned. Mayor Grant added the same individual is the one that talked with the City of Roseville. He learned about that during a PTRC meeting. During the meeting it was conveyed the bench was to ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 11 have a plaque in regard to Don Messerly. So, people were pressured, forms were altered, and they tried to represent the City about putting in a trail to another city. Councilmember McClung said he was just hearing about the bench issue tonight. He felt they can’t have someone representing the City and saying the City would support a project. Councilmember Scott said they operate under a set of bylaws and serve at the pleasure of the Council, so if people are stepping outside of those boundaries the Council is justified in taking appropriate action. If the allegations are sound, he would support removing this person from the committee. Councilmember Holmes said she has a copy of the bench application everyone could see if they wanted to see there were two different handwritings on the form. She texted and exchanged voicemails with the individual and felt he was a bit glib. But she felt maybe they needed to let him give his side of the story. Councilmember Holden asked if here were other instances where the person had told staff what to do. Interim Public Works Director Swearingen replied that this individual has made multiple requests over the last few months. Interim Director Swearingen has been working with the City Administrator to know what is proper procedure, and the Mayor made an announcement regarding this at a PTRC meeting. But the actions they are discussing now came after that announcement. Mayor Grant asked if staff was asked to go into a park to pick up buckthorn. Interim Public Works Director Swearingen said that was the initial request, but the Public Works Superintendent spoke with them and explained they needed to haul it as close to the park entrance as possible. Mayor Grant said there are issues, but he didn’t know if there were procedures for removing a member. He asked if they would like him to have a meeting with Council before they make their decision. Councilmember Holden suggested it be a meeting with the Mayor. Mayor Grant proposed that the individual meet with the Personnel Committee and instructed staff that they could have a special meeting. Councilmember Holden added that she’d like to see more benches on the Elmer Anderson Trail. F. Water Meters Discussion (Discussed after Item G) Mayor Grant asked that they only discuss the two specific water bills in question. He didn’t know if the reads were correct or not; did the water really go through the meter? There are some issues with water meter readings right now. One of the customers makes a pretty good case that ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 12 you can’t get that much water through a meter in a townhome over the course of an hour. He thought staff should bill them an estimated amount based on previous usage. Councilmember Scott agreed. Councilmember McClung said he lives right across from the resident and that amount of water coming through would have damaged the unit and the two neighboring units. He didn’t notice any type of work going on at the home so he is inclined to believe her. Finance Director Bauman clarified the property they were talking about was 1400 Arden View Drive. The 3,000 gallons per hour she said went through her meter in an hour was incorrect, that was over a 13-hour period. The bill for the 3rd quarter in 2020 was just over $750. Councilmember Scott said because she was never sent a leak letter he was willing to write it off and bill her at the nominal rate. City Administrator Perrault added that they have nothing to indicate they had a bad reading from the property on Arden View Drive, or that the meter wasn’t working or transmitting properly. The meter bench tested within 1%. The other account was a renter/landlord situation and they weren’t getting a read in November/December. It is unclear if there was a problem the tenants or landlord fixed or if the tenants notified the landlord. There was nothing to indicate the meter was registering the water incorrectly, it was an issue of the transmitter not receiving the reading. Councilmember Holmes stated that she was hesitant to write the bills off, being as the meters were tested and reading correctly. She isn’t convinced that the meters weren’t properly measuring water, and she’d like to probe it a little further. Mayor Grant asked if there was a leak, what is the frequency that the City contacts the residents. Finance Director Bauman responded that when they go through the leak letter process they are only looking at the previous 24 hours. They only go through the leak alert process as a courtesy six to 12 times a year. If a leak is off during the time the data is pulled they wouldn’t get a letter even if they do have a leak happening. Arden View Drive never showed a leak, and wouldn’t have received a letter. Councilmember Holden mentioned that it is a courtesy to send the letters, it’s not mandated so it’s not that they didn’t receive a letter so they shouldn’t get billed. Mayor Grant asked if a read on a house is abnormally high, do they determine the number of gallons sent during the read is actually what is on the meter. Finance Director Bauman said that was correct. City Administrator Perrault added that staff would only go into the house to physically look at the meter if the resident thought there was an issue with the meter. Typically for just abnormal water usage staff is not sent to the house. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 13 Councilmember McClung said they do have some drainage issues in the area of the house and some people have sump pumps. The amount of water that would need to come out of a hose to generate that reading would have pooled and become very noticeable. City Administrator Perrault said the interesting thing about these readings was that generally speaking the leak would start happening at night and shut off during the day. Councilmember Holden proposed that they do a 50% split on anything above the normal average. Councilmember Holmes agreed. Councilmember Scott still felt they should write it off. Councilmember McClung said that by not being able to point to exactly what went on, he felt that would be a little too much to charge. He suggested they take an average cost over a number of quarters. Councilmember Holmes suggested they should be consistent with both addresses, and split it down the middle. Finance Director Bauman said the Cleveland address total bill was just under $3,000 and their normal bill was around $250 - $300. Councilmember McClung thought they should write off the majority of the bill. Councilmember Scott wanted to charge the nominal rate. Councilmember Holden wanted to split the difference. Councilmember Holmes was willing to split the difference. Mayor Grant instructed staff to split the difference from the average bill amount and the higher one for the Arden View Drive address. Council agreed to extend the meeting an additional ten minutes. Mayor Grant asked how we got a reading on the Cleveland Avenue home. Finance Director Bauman said they requested a read from the tenants and they sent it in to the City. The City did get an actual reading in January and February and the number they submitted was in line with those reading. They would have intermittent reads of approximately 259 gallons an hour, sometimes for hours. Councilmember McClung asked if this would have been something that would normally have been flagged and a leak letter sent. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 14 Finance Director Bauman replied that because it was intermittent they may or may not have caught it when they were running the report. There is a possibility they may have gotten a notification if we had been receiving the readings. Councilmember Holden suggested they split 50/50 on anything above the normal average. Councilmember Holmes agreed. Councilmember Scott said he wasn’t ready to make a decision. Councilmember McClung agreed to 50/50 on anything above the normal average. G. MnDOT Highway 51 Speed Sign After discussion, Council was in support of a sign, prioritizing the southbound lane first. Staff was directed to work with MnDOT for a southbound sign, and a northbound sign would be discussed at a future meeting. H. Met Council Regional Bicycle Transportation Network (RBTN) Trail Corridor Realignment Interim Public Works Director Swearingen said the City of Roseville contacted Arden Hills staff with the proposed change in alignment for the Regional Bicycle Transportation Network (RBTN). Attachment A showed the existing alignment and the surrounding pink area is the corridor in which funding from the Met Council will be considered. The shift takes the alignment to the west off Lydia and continues north connecting Old Snelling/Highway 51. With this shift, the corridor would then cover Highway 51 from Lydia to Roseville’s border. Roseville has a proposed route along this segment which would connect to a proposed trail in Arden Hills, Glenhill up to Old Snelling. A letter of support does not commit the City construction of a trail, but the alignment shift opens up additional sources of funding for Roseville. There is no current time frame for construction of the trail but MnDOT indicated they would be repaving Hwy 51 in 2026. Roseville will be submitting the application to Met Council for the proposed alignment shift and has asked Arden Hills for a letter of support. Mayor Grant noted that the Arden Hills section is already in the RBTN. Roseville wants to adjust the boundaries so they can make the segment along Lydia part of the RBTN trail. If we send a letter of support they may or may not build a trail, but it doesn’t affect our portion of the trail. Councilmember McClung gave his support, but residents think this is happening in a year or two so communications needs to be made that this isn’t a current project. Interim Public Works Director Swearingen noted that a trail could be built anywhere within the buffer zone and receive funding. Councilmember Holden said she was for this but wondered if there was land in the buffer zone that wasn’t owned by private residents. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 15 Interim Public Works Director Swearingen said the red line on the map doesn’t necessarily show exactly where the trail will go, it’s just showing the general direction of where they’d like travel for bike transportation. Mayor Grant said a letter of support will be drafted for Roseville. Mayor Grant noted that the hour was late and so Items I and J would be discussed at another time. Councilmember Scott said he’d also like to have a more in-depth conversation regarding technical side of the water meter issues. Mayor Grant instructed staff to plan a discussion regarding hardware, software and other water meter related items. I. Food Truck Ordinance Discussion Not discussed, moved to a future meeting. J. Council Tracker Not discussed. 2. COUNCIL COMMENTS AND STAFF UPDATES None. ADJOURN Mayor Grant adjourned the City Council Work Session at 9:05 p.m. __________________________ __________________________ Jolene Trauba David Grant Deputy City Clerk Mayor Approved: June 28, 2021 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL WORK SESSION JUNE 7, 2021 5:45 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 5:45 p.m. Note: On March 20th, 2020 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, and Steve Scott Absent: Councilmember Dave McClung Also present: City Administrator Dave Perrault and Senior Planner Jessica Jagoe 1. AGENDA ITEMS A. Shoreland Ordinance and Lake Classification Discussion Senior Planner Jagoe stated at its May 24, 2021 Regular Meeting, the City Council reviewed the Zoning Code Amendment for Planning Case 21-008 to permit accessory storage sheds within the required structure setback from the ordinary high water level of up to 100 square feet in size and 8 feet in height. At that meeting, the City Council tabled the amendment to allow for further discussion and review of lake classifications. Staff provided detailed historical information for the Council for the City’s shoreland ordinance, the lakes classifications, and commented on the proposed Ordinance revisions. Senior Planner Jagoe explained in 1969, the State of Minnesota passed the Shoreland Management Act due to concerns over rapid development, crowding, and declining water quality and recreational value of the State’s lakes and rivers. From 1967–1982, the Minnesota Department of Natural Resources (DNR) noted a shoreland development increase by about 74% with conversion of seasonal cabins to permanent dwellings and development of new permanent homes. This act directed the DNR to develop rules and oversee programs for shoreland management for Cities and Counties. In 1976, the DNR adopted Shoreland rules for Cities. These Shoreland rules are MN Rules Chapter 6120, Shoreland and Floodplain Management. In response ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – JUNE 7, 2021 2 to the adoption of State rules, the City in 1984 studied the differences between our existing zoning controls and the State Shoreland Management Standards. This research and review was completed by a Shoreland subcommittee. Their recommendations for reclassification of several lakes, and relaxation of lot area and lot coverage requirements were presented to and supported by both the Planning Commission and City Council. On December 26, 1984, the City submitted a preliminary request to the DNR for comment prior to submittal of the formal request. This letter included a summary of City comments for seeking the lake reclassification which were due to existing development and present zoning being relatively compatible with the requirements of General Development, the lot area requirements of Recreational Development classification exceed existing development (95%+ developed) and present zoning, and General Development classification more compatible with development around the lake. The City received a response from the DNR of a willingness to accept all of the requested changes with the exception of riparian lot dimensions for Valentine Lake. Based on that direction, the City Council passed Resolution 85-22, Lake Reclassification and Zoning Provision Modifications on May 13, 1985 to request official approval from the DNR. Senior Planner Jagoe commented in 2019, the City contacted the DNR upon discovery of the discrepancy between the shoreland classification for Lake Johanna. The DNR replied to the City acknowledging receipt of a 1984 request for shoreland reclassification of Lake Johanna, Little Johanna Lake, and Karth Lake from Recreational Development to General Development, but noted that there was no record of ever receiving the resolution, and therefore the DNR did not finalize the classification changes. It was stated that the DNR still concurs with the reasoning supporting the requested reclassifications of these three lakes made in 1984 and is ready to officially adopt the new classifications upon receipt of a resolution. City staff is unsure if Resolution 85-22 was submitted to the DNR and/or if it was misplaced in processing on their end. However, no formal action has been taken to date by the DNR for formal approval. Senior Planner Jagoe reported this past month City staff contacted Dan Scollan, East Metro Area Hydrologist with the DNR, regarding next steps and available options for proceeding with Resolution 85-22. Mr. Scollan has indicated that the DNR has reviewed the 1984/85 documentation and would proceed with approval of Resolution 85-22 as submitted. Their decision in support of the reclassifications is the result of the lake classification factors having not appreciably changed since 1985. Looking at all of the classification criteria holistically, the DNR still agrees with the City’s reasoning presented in 1985 and concurs that the area development is still consistent with the 1985 Council request as outlined. As an alternate, the DNR would also process reclassification of just one of the lakes in Resolution 85-22, but would need submittal of a new resolution that requests only the reclassification(s) the City is currently seeking. It should be noted that a change on the City’s part in lake classification other than what is noted under current ordinance may result in existing development/structures around that particular lake becoming legal nonconforming due to newly applicable lot dimensional standards (i.e. lot area, lot width, and setbacks). Councilmember Holden asked if lake classification was based solely on the size of the lake. Senior Planner Jagoe explained the DNR has several data points that are used when determining a lake classification. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – JUNE 7, 2021 3 Mayor Grant questioned if staff knew the total number of homes on Lake Little Johanna. Senior Planner Jagoe stated in the 1984 analysis there were six existing water front lots. She commented she could not confirm the current number of homes. Councilmember Holden reported in her opinion nothing has really changed when it comes to the extensive use for Lake Johanna. She noted this lake has a regional park which meant there was no less pressure on this lake than in 1985. She supported the City submitting to the 1985 Resolution classifying each of the lakes in Arden Hills general development. Councilmember Scott asked if the City’s classifications matched the DNR for Sunfish Lake and Round Lake. Senior Planner Jagoe reported this was the case. Councilmember Scott commented he was not interested in changing the classification for Sunfish Lake or Round Lake, but agreed with Councilmember Holden that the 1985 Resolution should be resubmitted to reclassify Lake Johanna from recreational development to general development. Councilmember Holmes supported this recommendation given the amount of development and use on Lake Johanna. Councilmember Holden commented further on the intensity of use for Lake Johanna. Mayor Grant stated he favored sending forward Resolution 85-22. He indicated he was not interested in reclassifying these lakes, but rather wanted to see them remain general development. He asked if this was something staff could handle administratively or would the Council have to take action on this item at a future meeting. City Administrator Perrault explained staff would be submitting the Resolution administratively and the Council would consider the City’s Shoreland Ordinance Amendment for reclassification of Little Johanna at a future meeting. B. COVID-19 Operations City Administrator Perrault stated the City is currently operating under a modified COVID-19 operations plan. As mitigation measures continue to be rolled back at the State and Federal level, the City Council may want to consider making modifications to current operations. Those operations include: - City Hall re-opening to the public: City Hall is slated to tentatively open to the public on July 1st, however, that was before the mask mandate repeal. City Staff is expected to return to City Hall in-full on June 14th; given the mask mandate and capacity limits have been repealed, staff questioned if the Council wanted to consider opening City Hall to the public on June 14th. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – JUNE 7, 2021 4 - City meetings in-person: As part of the COVID-19 state of emergency, meetings have been held remotely. When City Hall re-opens to the public, it would be prudent to have public meetings in-person again. The other complicating factor is whether or not the Governor repeals his emergency declaration, which is slated to run through June 14th unless extended another thirty days. City Administrator Perrault explained should the Governor extend his emergency declaration another thirty days, the City can continue with its current plan of June 14th having Staff back in the office, and July 1st for re-opening to the public and in-person meetings. If the Governor does not extend his emergency declaration, does the City want to follow suit? This would mean that on June 14th Council would have an item rescinding its emergency order and starting June 15th City Hall would re-open to the public and in-person meetings would resume (the June 14th meeting would still be held remotely regardless of the Governor’s actions). We may not know if the Governor is planning to extend his emergency declaration until later in the week, and the appropriate item for Council will be drafted at that time. - Other COVID-19 mitigation measures: Staff is planning a lift on other COVID-19 mitigation measures, such as, the mask mandate on June 14th (City employees have continued to wear masks while indoors). We are also planning on events that would normally take place later in the summer, such as, Bark and Rec Day, the Penny Carnival (late July), and the required annual stormwater protection public meeting. Another item recently discussed by Staff is the Committee/Commission picnic; this would be a good “back to normal” event to hold in early August. Unless Council needs to discuss further, Staff can be begin planning for that event, too. Lastly, as a heads up to Council, we did grant some flexibility last year to businesses to expand outdoor operations (seating, serving of alcohol, etc.), the resolution specifically noted that this flexibility would end when businesses can resume normal operations. We believe restaurants currently can operate normally, and this would trigger the end of any expanded outdoor operations. We only received three requests last year for this, and to the best of our knowledge none of the three businesses are continuing the expanded outdoor operations, but we can formally reach out and inform them the flexibility is no longer applicable (unless Council wanted to consider allowing it on a temporary basis). - Summer Hours: As previously noted to Council, the Public Works crew is operating on summer hours; however, City Hall is still on its normal 8:00 am to 4:30 pm schedule. An item will be brought forward to Council for official approval at an upcoming meeting that would set City Hall’s schedule on summer hours starting July 6th. Mayor Grant supported City Hall reopening on July 1st. Councilmember Scott concurred with this recommendation. Councilmember Holden stated some cities have reopened and some have not. She reminded the public that Arden Hills has a very small number of staff members and she did not want to lose any staff members to COVID. She supported the Mayor and City Administrator making a decision on when to reopen City Hall. She questioned how much business the City was doing with the public on Friday afternoons. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – JUNE 7, 2021 5 City Administrator Perrault commented Fridays were typically slower. He estimated there were 10 or less visits from the public on Friday afternoons. Councilmember Holmes supported moving forward with the original plan. Mayor Grant stated there was general agreement to move forward with the original plan. He asked if the Council supported City staff starting summer hours after July 5th. Councilmember Holden commented she supported staff beginning summer hours after July 5th. Councilmember Scott indicated he was neutral on this matter given the fact City Hall has already been closed to the public for over a year. He stated he would trust the Mayor and City Administrator to make a determination on this matter. Councilmember Holmes explained she supported staff moving to summer hours because this was part of moving things back to normal. Mayor Grant questioned how the Council wanted to proceed with summer recreational activities. He commented on the lowering trend for COVID numbers. He noted he was okay with the City hosting events again this summer. Councilmember Holden supported all recreational activities coming back this summer. Councilmember Holmes and Councilmember Scott agreed. Councilmember Holden stated she would like to talk about flexibility for local businesses and outdoor operation. Mayor Grant commented this was not an item on the agenda. Councilmember Holden explained this item was within the staff memo. She reported she did not have a problem with leaving this flexibility in place until January of 2022. Councilmember Scott and Councilmember Holmes concurred. 2. COUNCIL COMMENTS AND STAFF UPDATES Councilmember Holden encouraged the City to not tag people for long grass at this time. She stated she did not want to mow her grass for fear of it burning out due to the drought. Councilmember Holden explained she received an email regarding Cummings Park and the use of the pavilions. She requested staff consider how to address the dumping of hot charcoal within the park. Mayor Grant reported the Arden Hills Foundation was considering how to address this matter. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – JUNE 7, 2021 6 Councilmember Holden stated she spoke to a gentleman from the Twin Cities Visitor’s Bureau recently and she requested the Council receive a presentation from this organization. Councilmember Holden commented she would like to receive a water report annually and would like to better understand how much water the City was losing on an annual basis. Councilmember Holden stated the Arden Hills/Shoreview Rotary was building four little libraries. She asked if the City was willing to allow these libraries to be installed in City right-of- way versus having to be put into resident’s yards. Mayor Grant commented he would like to receive an update on water meter readings. City Administrator Perrault explained staff was preparing an update for the Council regarding how the City conducts its water meter readings. Mayor Grant noted Kim Campbell resigned from the Arden Hills Foundation and the Foundation was now seeking additional members. City Administrator Perrault welcomed Senior Planner Jessica Jagoe to the City of Arden Hills. ADJOURN Mayor Grant adjourned the City Council Work Session meeting at 6:41 p.m. __________________________ __________________________ Julie Hanson David Grant City Clerk Mayor CONSENT ITEM - 6A MEMORANDUM DATE: June 28, 2021 TO: 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 2021 Payroll #13 …………………………………………………………….$87,117.63 Total Payroll $87,117.63 Paid Claims—05/31/2021 through 06/18/2021 (ACH Checks ) ……………………………... $16,434.42 (Check Nos. 50115-50155 and ACH Checks) ……………………………... $368,163.86 Total Accounts Payable $384,598.28 Total Claims $471,715.91 CITY OF ARDEN HILLS PAYROLL # 13 CHECKS DATED: 06/25/11 Biweekly: 06/05/11 - 06/18/11 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 6,541.14 EFT SIT 2,850.07 EFT FICA Oasdi 4,222.58 EFT FICA Medicare 987.55 EFT TOTAL TAXES 14,601.34 Health Premium 1,528.96 A/P Check* Dental Premium 217.50 A/P Check* FSA Health Care Reimb. 0.00 A/P Check* FSA Dependent Care Reimb. 0.00 A/P Check* TOTAL FLEXIBLE SPENDING 1,746.46 HSA Health Saving 473.33 Health Care Savings Plan-Retirement 5,357.55 EFT Health Care Savings Plan-2% 406.98 EFT Health Care Savings Plan-4% 576.39 EFT TOTAL HEALTH SAVINGS 6,814.25 PERA 4,133.82 EFT ICMA 4,077.60 EFT Central Pension Fund-Union 614.40 A/P Check* MN State Retirement System 750.00 EFT TOTAL RETIREMENT 9,575.82 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 77.24 A/P Check* Life/Addl non-tax 26.10 A/P Check* UNUM 19.51 A/P Check* AFLAC 22.76 EFT TOTAL VOLUNTARY 317.61 Total Employee Deductions 33,055.48 Net Payroll 0.00 Direct Deposit 45,333.78 EFT Gross Payroll Tie-Out 76,715.97 Plus City Paid Benefit 10,401.66 TOTAL PAYROLL COST 87,117.63 FICA TIE-OUT Gross Payroll 76,715.97 Less Total FSA 1,746.46 Less Total H.SA 6,814.25 Less Voluntary Ins 48.86 Net P/R Subject to FICA 68,106.40 FICA Oasdi @ 6.20% 4,222.58 FICA Medicare @ 1.45% 987.55 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 4,769.79 421.74 5,191.53 0.00 0.00 5,210.13 0.00 0.00 CITY BENEFIT 4,222.58 987.55 Accounts Payable User: Printed: Pang.Silseth 6/23/2021 2:56 PM Checks by Date - Detail by Check Date Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription ACH001 US BANK 05/31/2021ACH ARVIM52021 MENARDS-ASPHALT SEALER 84.48 BAUMG52021 WILLIAMS SCOTSMAN-APRIL WARMINGHOUSE 582.00 BAUMG52021 AMAZON.COM-HEADSETS 74.97 BEEBT52021 THE HOME DEPOT-City Hall 47.65 BEEBT52021 METAL SUPERMKT-SUPPLIES 37.86 BEEBT52021 THE HOME DEPOT-SUPPLIES 166.62 BEEBT52021 THE HOME DEPOT-City Hall 52.48 FRIDJ52021 USPS-POSTAGE 21.00 FRIDJ52021 AMAZON-CARBURETOR 30.94 FRIDJ52021 AMAZON-BLUETOOTH ADAPTER 23.92 GEBAM52021 FLEET FARM 3100-SHOVELS 167.05 GEBAM52021 MENARDS-AUGER 214.60 GEBAM52021 MENARDS-BROOM 19.98 HANSJ52021 THE STAR TRIBUNE SUBSCRIPTION 55.77 HANSJ52021 MCFOA MEMBERSHIP-JH 46.00 HANSJ52021 MCFOA MEMBERSHIP-JT 46.00 HANSJ52021 HIGHTAIL PRO PLAN 96.00 MIKAT52021 APPLE.COM-ICLOUD 0.99 VAUGJ52021 EXTRACTIGATOR-TOOL 181.68 WARDR52021 EB 2021 SUMMER CONFERENCE 130.00 WARDR52021 SUGAR LAKE LODGE-SUMMER CONFERENCE 137.34 2,217.33Total for this ACH Check for Vendor ACH001: ACH002 AFLAC 05/31/2021ACH 674025 Insurance Premiums- May 2021 45.52 45.52Total for this ACH Check for Vendor ACH002: ACH003 PITNEY BOWES INC 05/31/2021ACH 4232021 April Postage-Newsletter 990.00 4232021 Apr Postage - fee/annual fee 264.99 4232021 Postage - Park-Rec brochure 682.58 1,937.57Total for this ACH Check for Vendor ACH003: ACH005 MINNESOTA REVENUE-SALES & USE TAX05/31/2021ACH 42021 April Sales/Use Tax -0.29 42021 April Sales/Use Tax 32.29 42021 April Sales/Use Tax 12,202.71 42021 April Sales/Use Tax -0.71 12,234.00Total for this ACH Check for Vendor ACH005: 16,434.42Total for 5/31/2021: Page 1AP Checks by Date - Detail by Check Date (6/23/2021 2:56 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription Report Total (4 checks): 16,434.42 Page 2AP Checks by Date - Detail by Check Date (6/23/2021 2:56 PM) Accounts Payable User: Printed: Pang.Silseth 6/23/2021 3:05 PM Checks by Date - Detail by Check Date Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0008 JOSEPH MOONEY 06/11/2021ACH 6082021 Reimb: Clothing Allowance 52.98 52.98Total for this ACH Check for Vendor 0008: 0189 GOPHER STATE ONE CALL 06/11/2021ACH 1020187 February Locates 15.75 1020187 February Locates 15.75 1020187 February Locates 15.75 1050185 May Locates 146.25 1050185 May Locates 146.25 1050185 May Locates 146.25 486.00Total for this ACH Check for Vendor 0189: 0192 GRAINGER INC 06/11/2021ACH 9910053785 Trash Bags 805.40 805.40Total for this ACH Check for Vendor 0192: 0230 MTI DISTRIBUTING INC 06/11/2021ACH 1302656-00 Air Filters 84.58 1304097-00 Bearing Seals 76.29 160.87Total for this ACH Check for Vendor 0230: 0285 XCEL ENERGY 06/11/2021ACH 733900295 4/17/21-5/15/21 835.15 733900295 4/17/21-5/15/21 230.69 733900295 4/17/21-5/15/21 1,455.81 733900295 4/17/21-5/15/21 1,488.94 733900295 4/17/21-5/15/21 1,719.23 733900295 4/17/21-5/15/21 49.70 733900295 4/17/21-5/15/21 966.31 6,745.83Total for this ACH Check for Vendor 0285: 0319 CITY OF ROSEVILLE 06/11/2021ACH 0230101 IT Support-June 6,803.72 6,803.72Total for this ACH Check for Vendor 0319: 0320 HEALTH PARTNERS INC 06/11/2021ACH 105393289 July Insurance 973.42 973.42Total for this ACH Check for Vendor 0320: 0339 FERGUSON WATERWORKS #2518 06/11/2021ACH 0474225 Box Risers 441.36 Page 1AP Checks by Date - Detail by Check Date (6/23/2021 3:05 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 441.36Total for this ACH Check for Vendor 0339: 0382 ICMA RETIREMENT TRUST - 106944 06/11/2021ACH PR 21-12 PR Batch 00100.06.2021 ICMA Employer Percent 401PR Batch 00100.06.2021 ICMA Employer Percent 401 421.74 PR 21-12 PR Batch 00100.06.2021 ICMA Employee Percent 401PR Batch 00100.06.2021 ICMA Employee Percent 401 365.51 787.25Total for this ACH Check for Vendor 0382: 0387 ICMA RETIREMENT TRUST #302482 06/11/2021ACH PR 21-12 PR Batch 00100.06.2021 ICMA Employee DeductionPR Batch 00100.06.2021 ICMA Employee Deduction 1,811.54 PR 21-12 PR Batch 00100.06.2021 ICMA Employee PercentPR Batch 00100.06.2021 ICMA Employee Percent 231.65 2,043.19Total for this ACH Check for Vendor 0387: 4889 COMMUNITY FOOTWORKS 06/11/2021ACH 06022021 June Foot Clinic 70.00 70.00Total for this ACH Check for Vendor 4889: 6060 BATTERIES PLUS 06/11/2021ACH P39930996 Battery 28.95 28.95Total for this ACH Check for Vendor 6060: 7501 KELLY & LEMMONS PA 06/11/2021ACH 55923 May Prosecution 3,173.00 3,173.00Total for this ACH Check for Vendor 7501: TOII TOKLE INSPECTIONS INC 06/11/2021ACH 6042021 Electrical Inspections-May 3,932.00 3,932.00Total for this ACH Check for Vendor TOII: 0131 BEISSWENGERS DO IT BEST 06/11/202150115 447257 Supplies 12.78 449473 Supplies 9.87 450891 Supplies 81.95 104.60Total for Check Number 50115: 1033 COMCAST 06/11/202150116 101030.0621 Service 6/3-7/2 108.35 98681.0621 Service 6/5-7/4 109.71 218.06Total for Check Number 50116: 0176 FRATTALLONES HARDWARE INC 06/11/202150117 092615/A Sprayer 24.96 092732/A Supplies 40.48 65.44Total for Check Number 50117: 0447 I.U.O.E LOCAL 49 BENEFIT FUND-INSURANCE06/11/202150118 BP3.0721 July Insurance 10,600.00 NB4.0721 July Insurance 1,527.00 12,127.00Total for Check Number 50118: 10452 INFRASTRCTURE MANAGEMENT SERVICE06/11/202150119 50268-2 Professional Services 9,900.80 Page 2AP Checks by Date - Detail by Check Date (6/23/2021 3:05 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 9,900.80Total for Check Number 50119: 0390 INT'L UNION OPERATING ENGINEERS-UNION DUES06/11/202150120 1200-0621 June Dues 280.00 280.00Total for Check Number 50120: 10448 MARCO TECHNOLOGIES LLC 06/11/202150121 444575146 Contract 5/25-6/25 35.36 444575146 Contract 5/25-6/25 200.35 235.71Total for Check Number 50121: 5443 METRO PRODUCTS INC 06/11/202150122 159350 Supplies 293.06 293.06Total for Check Number 50122: 0257 MINNESOTA DEPT OF HEALTH 06/11/202150123 #4436-2021 Water Operator Renewal-J.Mooney 23.00 23.00Total for Check Number 50123: 10286 MINNESOTA OCCUPATIONAL HEALTH 06/11/202150124 370364 Drug Screen 62.00 62.00Total for Check Number 50124: 0422 MINNESOTA POLLUTION CONTROL AGENCY06/11/202150125 SD-1371-2021 Wastewater Operator Renewal-J.Mooney 23.00 23.00Total for Check Number 50125: 10271 MN PEIP 06/11/202150126 1097953 July Insurance 10,612.34 10,612.34Total for Check Number 50126: UB*00483 Elizabeth Moe 06/11/202150127 Refund Check 000433-000, 1382 Arden View Drive 22.92 22.92Total for Check Number 50127: AR-NORD NORD EXCAVATING 06/11/202150128 DEMO 2020-00926 Escrow Refund DEMO 2020-00926, 1310 County Rd E 2,000.00 2,000.00Total for Check Number 50128: 1208 PREMIUM WATERS INC 06/11/202150129 610207-05-21 May Water 15.99 613317-05-21 May Water 23.49 39.48Total for Check Number 50129: 0811 RAMSEY COUNTY 06/11/202150130 FLEET-000642 May Fuel 1,870.31 SHRFL-001986 Law Enforcement-June 115,686.34 117,556.65Total for Check Number 50130: 0282 REPUBLIC SERVICES #899 06/11/202150131 0899-003729381 PW Waste -May 1,204.46 Page 3AP Checks by Date - Detail by Check Date (6/23/2021 3:05 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 1,204.46Total for Check Number 50131: UB*00482 Saint John Vianney Seminary 06/11/202150132 Refund Check 001893-000, 3491 Lake Johanna Boulevard 78.55 78.55Total for Check Number 50132: 10217 SONIC WINDOW WASHING LLC 06/11/202150133 4848 Window Washing 1,299.00 1,299.00Total for Check Number 50133: SRFC SRF CONSULTING GROUP INC 06/11/202150134 14320.00-4 MVHS Trail-May 30,429.64 30,429.64Total for Check Number 50134: UB*00480 Fei Sun 06/11/202150135 Refund Check 012389-000, 1512 Briarknoll Drive 26.54 26.54Total for Check Number 50135: 0336 T.A. SCHIFSKY & SONS INC 06/11/202150136 67137 Aggregate Purchases 5/9-5/15 737.67 737.67Total for Check Number 50136: UB*00481 William & Kenna Washington 06/11/202150137 Refund Check 011551-000, 1691 Brueberry Lane 226.32 226.32Total for Check Number 50137: 214,070.21Total for 6/11/2021: 0192 GRAINGER INC 06/18/2021ACH 9910053793 Ear Plugs & Emergency Lights 271.56 9915675582 Eye Wash Cartridges 368.84 9933215932 Utility Knife & Fan 106.39 9933259351 Asphalt Lute 78.16 9933259369 Asphalt Lutes 428.22 9933546807 Tape Measures 107.93 1,361.10Total for this ACH Check for Vendor 0192: 0230 MTI DISTRIBUTING INC 06/18/2021ACH 1305515-00 V-Belts 168.83 1306506-00 Solenoid Activator Kit 199.00 1306506-00 Supplies 27.30 395.13Total for this ACH Check for Vendor 0230: 0243 METROPOLITAN COUNCIL-WASTE WATER06/18/2021ACH 1125407 July Waste Water 70,596.57 70,596.57Total for this ACH Check for Vendor 0243: 0292 OXYGEN SERVICE COMPANY INC 06/18/2021ACH 3496216 April Rental 27.28 Page 4AP Checks by Date - Detail by Check Date (6/23/2021 3:05 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 27.28Total for this ACH Check for Vendor 0292: 0327 STAPLES INC 06/18/2021ACH 3478090523 Supplies 16.79 3478837093 Supplies 32.99 3478837094 Supplies 83.14 132.92Total for this ACH Check for Vendor 0327: 0940 ZEE MEDICAL SERVICES INC 06/18/2021ACH 54053690 First Aid 154.25 54053690 First Aid 44.10 198.35Total for this ACH Check for Vendor 0940: 10363 MINUTE MAKER SECRETARIAL 06/18/2021ACH M1282 Minutes- 5/24 Council 432.50 432.50Total for this ACH Check for Vendor 10363: 1115 WSB & ASSOCIATES INC 06/18/2021ACH R-017667-000-3 Traffic Services-April 444.00 444.00Total for this ACH Check for Vendor 1115: 1125 BOLTON & MENK INC 06/18/2021ACH 269384 2021 PMP 9,450.45 9,450.45Total for this ACH Check for Vendor 1125: 1223 ADAM'S PEST CONTROL - MAIN 06/18/2021ACH 3311683 Pest Control-June 71.59 71.59Total for this ACH Check for Vendor 1223: 2490 CORE & MAIN LP 06/18/2021ACH P053787 Supplies 1,138.94 1,138.94Total for this ACH Check for Vendor 2490: 5587 CES IMAGING INC 06/18/2021ACH INV128214 June Rental 60.00 60.00Total for this ACH Check for Vendor 5587: 5665 METERING & TECHNOLOGY SOLUTION INC06/18/2021ACH 19639 Meters & IR Comm Device 5,339.03 5,339.03Total for this ACH Check for Vendor 5665: 6129 FAST SIGNS INC 06/18/2021ACH 204-55851 Nameplate-DS 25.00 25.00Total for this ACH Check for Vendor 6129: 8029 MMKR & CORP PA 06/18/2021ACH 50682 2020 Audit Services 104.00 50682 2020 Audit Services 104.00 50682 2020 Audit Services 104.00 50682 2020 Audit Services 55.00 50682 2020 Audit Services 104.00 50682 2020 Audit Services 119.00 Page 5AP Checks by Date - Detail by Check Date (6/23/2021 3:05 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 590.00Total for this ACH Check for Vendor 8029: 8032 PACE ANALYTICAL FIELD SVC INC 06/18/2021ACH 1221-4615 April Drinking Water Survey 750.00 750.00Total for this ACH Check for Vendor 8032: FPTC FLEXIBLE PIPE TOOL COMPANY INC 06/18/2021ACH 26280 Part: Relief Valve 138.20 138.20Total for this ACH Check for Vendor FPTC: ADVS ADVANTAGE SIGNS & GRAPHICS INC 06/18/202150138 46951 Street Signs 84.00 84.00Total for Check Number 50138: 5593 AMERICAN LEGAL PUBLISHING CORP 06/18/202150139 9006 Supplement Pages 13.50 13.50Total for Check Number 50139: 2355 ANDERSON IRRIGATION CO INC 06/18/202150140 129 Irrigation- Hazelnut & Cummings 5,354.78 131 Irrigation- Hazelnut 456.27 132 Irrigation- Cummings 848.40 6,659.45Total for Check Number 50140: 7804 BARTON SAND & GRAVEL CO 06/18/202150141 210531 Assorted Stones 478.88 478.88Total for Check Number 50141: 0131 BEISSWENGERS DO IT BEST 06/18/202150142 458487 Cleaning Supplies 22.98 461068 Stihl Trimmer 679.98 702.96Total for Check Number 50142: 10244 COMCAST BUSINESS INC 06/18/202150143 124094941 June Service 497.93 497.93Total for Check Number 50143: 1032 COMMERCIAL ASPHALT CO INC 06/18/202150144 210531 Asphalt Purchases 5/17-5/26 2,979.72 2,979.72Total for Check Number 50144: 10405 DALEY ELECTRIC LLC 06/18/202150145 210252 Vehicle Lift Repair 115.00 115.00Total for Check Number 50145: 1193 FURTHER INC 06/18/202150146 15725388 June Participant Fees 41.25 41.25Total for Check Number 50146: 10218 HR GREEN INC 06/18/202150147 144172 Hamline Ave PCW-May 1,645.00 Page 6AP Checks by Date - Detail by Check Date (6/23/2021 3:05 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 1,645.00Total for Check Number 50147: 10463 DOUG KING 06/18/202150148 60921 Refund: Parent & Me Class 35.00 35.00Total for Check Number 50148: 1058 MIDC ENTERPRISES INC 06/18/202150149 10047036 Supplies 159.77 10047055 Supplies 78.29 238.06Total for Check Number 50149: 0155 OFFICE OF MN IT SERVICES 06/18/202150150 W21050575 May Phones 736.14 736.14Total for Check Number 50150: 10250 PEAK STAFFING INC 06/18/202150151 47469 Office Support 5/3-5/7 90.00 47469 Office Support 5/3-5/7 90.00 47469 Office Support 5/3-5/7 30.00 47469 Office Support 5/3-5/7 120.00 47469 Office Support 5/3-5/7 660.00 47469 Office Support 5/3-5/7 90.00 47469 Office Support 5/3-5/7 120.00 47485 Office Support 5/10-5/14 112.50 47485 Office Support 5/10-5/14 112.50 47485 Office Support 5/10-5/14 825.00 47485 Office Support 5/10-5/14 150.00 47485 Office Support 5/10-5/14 37.50 47485 Office Support 5/10-5/14 112.50 47485 Office Support 5/10-5/14 150.00 47509 Office Support 5/31-6/4 825.00 47509 Office Support 5/31-6/4 37.50 47509 Office Support 5/31-6/4 150.00 47509 Office Support 5/31-6/4 112.50 47509 Office Support 5/31-6/4 112.50 47509 Office Support 5/31-6/4 150.00 47509 Office Support 5/31-6/4 112.50 47519 Office Support 6/7-6/11 37.50 47519 Office Support 6/7-6/11 112.50 47519 Office Support 6/7-6/11 150.00 47519 Office Support 6/7-6/11 825.00 47519 Office Support 6/7-6/11 112.50 47519 Office Support 6/7-6/11 150.00 47519 Office Support 6/7-6/11 112.50 5,700.00Total for Check Number 50151: 0811 RAMSEY COUNTY 06/18/202150152 EMCOM-009296 Fleet Support-May 24.96 EMCOM-009332 Dispatch Svcs-May 3,978.60 EMCOM-009349 CAD Svcs-May 544.99 PRRRV-001577 2021 Voting System 3,662.00 SHRFL-001971 2020 Sheriff Reconciliation 89,752.46 SHRFL-001971 2020 Sheriff Reconciliation -4,798.69 SHRFL-001971 2020 Sheriff Reconciliation -64,353.22 Page 7AP Checks by Date - Detail by Check Date (6/23/2021 3:05 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 28,811.10Total for Check Number 50152: 10354 ST. PAUL PIONEER PRESS 06/18/202150153 521572589 May Notice: Ordinance 2021-003 252.00 521572589 May Notice: Shoreland Ordinance 42.30 521572589 May Bid: Lift Station 10 126.90 521572589 May Notice: PC 21-013 #576 46.80 521572589 May Notice: PC 21-012 #577 45.90 521572589 May Notice: PC 21-014 #569 46.80 521572589 May Notice: PC 21-003 #555 45.00 521572589 May Notice: PC 21-005 #561 41.40 521572589 May Notice: PC 21-006 #565 39.60 521572589 May Notice: PC 21-010 #570 44.10 730.80Total for Check Number 50153: 10462 TRIPLE E WATER AND SEWER LLC 06/18/202150154 2256 Lexington Ave Water Disconnect 13,150.00 13,150.00Total for Check Number 50154: 9755 VERIZON CONNECT NWF INC 06/18/202150155 OSV000002458900 May Service 323.80 323.80Total for Check Number 50155: 154,093.65Total for 6/18/2021: Report Total (72 checks): 368,163.86 Page 8AP Checks by Date - Detail by Check Date (6/23/2021 3:05 PM) Page 1 of 2 CONSENT ITEM – 6B MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Flexibility for Local Businesses Budgeted Amount: Actual Amount: Funding Source: $ $ Council Should Consider Motions to approve, table, or deny the following: • Move to approve Resolution 2021-031to allow extension of flexibility to local businesses during local emergency for COVID-19. All items need a simple majority for action unless otherwise noted. Background/Discussion At the June 7, 2021, Special Work Session meeting, the Council discussed extending the flexibility to businesses to allow them to expand outdoor operations (seating, serving of alcohol, etc.) during COVID-19. This flexibility was granted last year and was noted in the resolution would end when businesses can resume normal operations. We only received three requests last year for this. The City Council direction provided at the special work session was to extend this flexibility to allow for businesses to expand outdoor operations until January 1, 2022. If approved, Staff will send out information to businesses in the City notifying them up of the update. Planning staff has included with this report the staff memo from May 26, 2020, as additional background on this matter. Budget Impact N/A Page 2 of 2 Attachments Attachment A – Resolution 2021-031 Attachment B – May 2020 Staff Memo CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-031 RESOLUTION ALLOWING FLEXIBILITY FOR LOCAL BUSINESSES DURING LOCAL EMERGENCY FOR COVID-19 WHEREAS, on March 17, 2020, the Governor’s Executive Order 20-04 temporarily closed restaurants, bars, and other places of public accommodation; and WHEREAS, the Governor is beginning to loosen restrictions on businesses, restaurants, bars and other places of public accommodation; and WHEREAS, the City wants to make temporary accommodations for businesses that can open in compliance with the Governor’s directives; and WHEREAS, these temporary accommodations may include allowing flexibility with respect to the City Code or other regulations, and WHEREAS, the City Council discussed extending this flexibility at a previous meeting; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that local businesses may request temporary approval from the City Administrator, or their designee, to operate in outdoor spaces adjacent to their normal location that would normally be prohibited by City Code or require a variance if the following conditions are met by the business: -Compliance with all the Governor’s guidance regarding safe business operations including a social distancing plan. -Safe pedestrian flow must be maintained. -ADA guidelines are observed. -Cannot conflict with any building codes or requirements. -If portions of a parking lot are being used, safe pedestrian and traffic flow must be maintained. Adequate parking spaces must be maintained. A substantial barrier must divide outdoor space being used for customers and traffic flow. -Public Safety response must not be infringed upon. -The proposed outdoor space will not be on City property or right-of-way. -If the business is not the property owner, the business must receive written consent of the property owner to use the proposed space. -Expansion or use of outdoor space is on a case-by-case basis and will be reviewed by City Staff. -The City will not charge to review requests by businesses for city staff time, but any expenses incurred by the City, such as, electrical inspections, will be passed on to the applicant. If a restaurant or bar wants to utilize outdoor space and serve alcohol it must comply with the above requirements and: -Alcoholic drinks must be consumed on premise. -The outdoor area must be contiguous to the building and contained, an updated map must be provided to City Staff showing where the consumption would take place. -Must provide an updated certificate of insurance regarding liability coverage extending to an outdoor space. -Must comply with all other local and state regulations regarding alcohol sales and consumption. The temporary authority given to staff to review any requests that come in would be until January 1, 2022 or further Council direction is received. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28TH DAY OF JUNE, 2021. _________________________________ DAVID GRANT, MAYOR ATTEST: __________________________________________ JULIE HANSON, CITY CLERK DATE: May 26, 2020 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Flexibility for Local Businesses During Local Emergency for COVID-19 Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider The Council may discuss and provide direction to staff regarding any additional flexibility they would like to allow businesses during the COVID-19 related local emergency. A draft resolution has been prepared should Council want to act tonight, however, Council could also defer action to its special meeting on May 28, 2020. Background By the Governor’s Executive Order, bars, restaurants, and other places of public accommodation were ordered closed on March 17, 2020. Since the Governor’s order in March, a gradual loosening of the restrictions have taken place. During his May 20, 2020 press conference, Governor Walz did encourage cities to work with their local businesses on how they can assist in re-opening while complying with his directives. The question most frequently brought up is how this will impact restaurants and bars. As of June 1st, restaurants and bars are allowed to offer outdoor dining under certain conditions, to include but not limited to, (a) no more than four persons, or six if a family unit, at a table, (b) reservations are required, (c) masks or shields must be worn by staff, (d) and no more than fifty persons. The City Council may want to temporarily give staff the discretion to administratively review business requests to utilize additional space outside of their building that they would not normally be allowed to use without a variance or otherwise prohibited by City Code. Upon initial review of City Code, flexibility would be needed under section 1325 Subd. 6 J regarding Site Furnishing and Seating Areas; also, flexibility may be needed if businesses will fall below their parking requirements outlined by applicable uses and/or development agreements. Additional uses requested by businesses could include outdoor seating, pick up or drive up service, or other customer service areas. Should the City Council decide to move this forward, below are options to consider: NEW BUSINESS – 10C MEMORANDUM -Allow businesses to utilize outdoor space adjacent to their typical location if the business: -Complies with all the Governor’s guidance regarding safe business operations including a social distancing plan. -ADA guidelines are observed. -Safe pedestrian flow must be maintained. -Cannot conflict with any building codes or requirements. -If portions of a parking lot are being used, safe pedestrian and traffic flow must be maintained. Adequate parking spaces must be maintained. A substantial barrier must divide outdoor space being used for customers and traffic flow. -Public Safety response must not be infringed upon. -The proposed outdoor space will not be on City property or right-of-way. -If the business is not the property owner, the business must receive consent to use the proposed space. -Expansion or use of outdoor space is on a case-by-case basis and will be reviewed by City Staff. -If a restaurant or bar wants to utilize outdoor space and serve alcohol it must comply with the above requirements and: -Alcoholic drinks must be consumed on premise. -The outdoor area must be contiguous to the building and contained, an updated map must be provided to City Staff showing where the consumption would take place. -Must provide an updated certificate of insurance regarding liability coverage extending to an outdoor space. -Must comply with all other local and state regulations regarding alcohol sales and consumption. A draft resolution is attached for Council review should Council want to vote on it or give further guidance for its meeting on May 28, 2020. The temporary authority given to staff to review any requests that come in would be until restaurants can resume normal operations or further Council direction is received. Budget Impact N/A Attachment Attachment A: Resolution 2020-024 Page 1 of 2 CONSENT ITEM – 6C MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, Interim Public Works Director SUBJECT: Snelling Avenue North Street and Utility Improvements Budgeted Amount: Actual Amount: Funding Source: $1,120,000 $1,250,000 PIR, Utility Funds, (2021-2025 CIP Area 1) (Recommendation) Special Assessments, Future MSA Council Should Consider Motions to approve, table, or deny the following: • Approval of a professional services agreement with Bolton & Menk in the amount of $199,856.00 for the Snelling Avenue North Street and Utility Improvements Project. All items need a simple majority for action unless otherwise noted. Background/Discussion On April 26, 2021, the City Council directed staff to issue a Request for Proposals (RFP) for engineering design and construction administration services associated with the Snelling Avenue North Street and Utility Improvements project. With that direction, Council also directed staff to keep the neighborhood’s concerns regarding pedestrian safety in-mind, and to consider what alternative solutions may be viable. The scope of work contained within the RFP is provided in Attachment A. The RFP was issued to seven consulting firms. Five firms submitted a proposal response on June 4, 2021. Proposals were evaluated by the Interim Public Works Director, City Administrator and the Public Works Superintendent based on five criteria: project understanding and approach; team Page 2 of 2 qualifications; experience; delivery schedule, and cost. The results of the proposal evaluations are provided in Attachment B. Based on a review of the proposals, staff recommends approving a professional services agreement to Bolton & Menk for the Snelling Avenue North Street and Utility Improvements project. The Bolton & Menk proposal provided a clear and organized approach and recognized the importance of adhering to Municipal State-Aid (MSA) standards and delivering a design that meets the needs of the community. While Bolton and Menk’s proposal was not the least expensive, Staff feels their proposal is the best option to do our full due diligence in addressing the neighborhoods concerns regarding the safety of the road and foot and bicycle traffic while still keeping the project in-line with budget expectations. Bolton and Menk’s preliminary suggestions regarding an approach to pedestrian safety can be found in Attachment C on page seven of their proposal. The presented team has experience in similar street and utility improvement projects within Arden Hills, Bolton & Menk provided a detailed project delivery schedule, and sufficient hours to complete a quality design and properly administer the construction process. The City Attorney has reviewed the proposed professional services agreement with Bolton & Menk as provided in Attachment C. Staff recommends approval of the agreement. Budget Impact The current total project cost estimate of $1,250,000 includes the estimated cost for engineering design and construction services of approximately 20 percent, or $250,000. The proposal provided by Bolton & Menk includes fees of $199,856 for design and construction engineering consulting fees for the project. Project funding is provided by the PIR fund, water, sanitary sewer, surface water utilities, and special assessments as further described in the feasibility report. This project will be designed according to MSA standards to stay eligible for future funding once available. Attachments Attachment A: Scope of Services for Engineering Consultant Attachment B: Evaluation of Proposals Attachment C: Professional Services Agreement Page 1 of 4 ATTACHMENT A 1. SCOPE OF SERVICES The selected consultant shall complete the following work items as part of the professional services agreement (Work). Respondents may provide recommended modifications to the scope as they deem appropriate. TASK 1: Project Coordination: Consultant will provide coordination services to guide the project through design, bidding and construction phases. This task shall include the following work items. A. Provide a designated Project Manager to serve as a single point of contact and guide the project through completion. B. Attendance at a project design kick-off meeting with City staff. C. Attendance at up to five (5) design coordination meetings with City staff. D. Attendance or conference calls (est. 2) with Minnesota State Aid/MnDOT staff. E. Attendance or conference calls (est. 1) with Rice Creek Watershed District staff. F. Attendance or on-line participation at up to four (4) City Council meetings and/or Work Sessions to assist with presenting project information. TASK 2: Data Collection and Information Review: Consultant will collect and review project related information associated with the project, including but not limited to the following documents. A. City of Arden Hills Engineering Record Plans B. Project Feasibility Report C. Geotechnical Report D. Environmental Investigation Documents E. Pavement Condition Ratings within the project area F. Sanitary Sewer CCTV Televising Inspections Data G. Water Main break and leak history H. GIS database for infrastructure conditions I. Field Observations of Project Area J. City of Arden Hills Engineering Design Standards K. MnDOT State Aid Design Standards L. City’s standard general and special provisions, front-end specifications M. Project survey base map and topographic data for Snelling Ave N collected as part of the feasibility study. TASK 3: Project Survey: As part of the feasibility study, a topographic survey for Snelling Avenue North was conducted to establish horizontal and vertical control, collect surface features and record elevations of sanitary and storm sewer infrastructure. Topographic survey data and project base maps were delivered and are available. Page 2 of 4 Consultant will conduct a topographic survey of the Cummings Lane project corridor to collect elevations and locations of surface features. This task shall include the following items. A. Conduct field survey of the project area, with recommended survey boundary approved by City Engineer prior to conducting field work. B. Locate and survey property corner monuments adjacent to the street right of way to the extent practical within the project area. C. Conform to the following survey standards unless otherwise approved by the City.  Reference Ramsey County Coordinate System, NAD83 (2011 adjustment).  Elevations based upon NAVD88. All units (horizontal and vertical) will be in US Survey Feet and given to the 0.01 foot. D. Conduct utility One-Call locating request to identify and survey the location of existing underground utilities. E. Produce base map of the project area depicting locations of existing surface features, contour lines, curb stop locations, underground utilities and overhead utilities. F. Submit base map to City for review prior to initiating design work. TASK 4: Design Analysis: Consultant will conduct the following analysis during the early stages of the project design process. A. Review all data and information as outlined in Task 2 along with field observations and field survey information. B. Review the recommended scope of improvements and cost estimates provided in the Feasibility Report. C. Prepare a brief technical memorandum summarizing the consultant’s suggested changes in the project scope for street and utility improvements that may differ from the findings of the Feasibility Report. D. Review technical memorandum with City staff to establish the final scope of infrastructure and pedestrian mobility improvements. TASK 5: Project Plans: Consultant will prepare construction plans and an opinion of probable cost (OPC) for City approval, procurement of bids and construction. This task shall include the following items. A. Prepare plan set including, but not limited to, the following sheets:  Title Sheet  Statement of Estimated Quantities  Tabulation of Utilities and Features  Construction Notes and Standard Plates  Removal Sheets  Construction Staging/Sequencing Sheets  Traffic Control Sheets  Street and Drainage Plan and Profile Sheets  Water and Sanitary Sewer Plan and Profile Sheets  Erosion Control and SWPPP Sheets  Cross Sections Sheets Page 3 of 4 B. Provide plan submittals:  60% Plans,OPC and specifications for City Review  90% Plans, OPC and specifications for City review  100% plans, OPC and specifications for bidding C. Coordination of submittals and approvals for the following anticipated permits  Minnesota Department of Health Water Main Permit  Rice Creek Watershed District  Ramsey County Right of Way Permit  MPCA Stormwater Permit TASK 6: Project Manual/Specifications: Consultant will assemble specifications and other documents to produce a project manual for bidding and construction contracting. A. City will provide Consultant with standard front end documents for the project manual, consisting of the following documents, for final editing by the Consultant.  Title Page  Certification  Advertisement for Bids  Proposal Form  Non-Collusion Affidavit  Agreement for Construction Contract  Performance and Payment Bonds (EJCDC)  Standard General Conditions (EJCDC 2018)  Supplementary General Conditions (Rev. March 2020)  General Requirements  *Consultant prepares remaining documents necessary for project manual. B. Draft submittals at 60% and 90% stages shall be provided for City review. C. Provide three (3) paper copies and a pdf digital copy of final plans and project manual to the City for solicitation of bids. Task 7: Public Engagement: Consultant will conduct one (1) public informational meeting during the design process to inform residents of the proposed improvements and solicit comments and input. This meeting may be conducted via Zoom or other virtual format depending on evolving State guidance for COVID-19. Consultant will conduct one (1) additional preconstruction meeting with the neighborhood prior to the start of construction. This task shall include preparation of presentation materials, preparation of materials for mailing notices, participation in meetings, and a written summary of meeting results. TASK 8: Bidding Assistance: Consultant will assist the City during the procurement process to obtain construction bids, including the following items. A. Provide bidding documents for City posting onto QuestCDN. B. Assist with technical questions received from potential bidders. Page 4 of 4 C. Issue addenda necessary to address project related questions during bidding. D. Attend bid opening and prepare certified bid tabulation. TASK 9: Construction Administration: Consultant will assist the City during the project construction process, including the following items. A. Conduct pre-construction meeting. B. Review shop drawing submittals. C. Provide construction staking for project improvements. D. Provide on-site construction observation. E. Conduct weekly construction meetings with contractor F. Prepare progress payments and change order documents. G. Coordinate material testing. H. Provide monthly construction progress updates for City website I. Prepare punch lists and provide final project inspection. J. Prepare final as-build record drawings ATTACHMENT B PROPOSAL RESULTS Five consulting firms submitted quality proposals and are considered to be respected providers of civil engineering services in Minnesota. The result of the proposal evaluation process is summarized in the following table. EVALUATION CRITERIA Project Understanding & Approach: The extent that the proposal sufficiently describes the process and results to be achieved and a detailed outline of how the firm will complete the project. Team Qualifications: The extent that the firm has proposed team members with experience and capacity to complete all tasks within the project scope of work. Experience: The extent that the firm and the proposed team has successfully completed similar projects involving municipal street and utility reconstruction projects. Schedule: The extent that the proposal provides a clear and detailed schedule for completing the scope of work on the desired timeline and illustrates the sequence of tasks. Cost: The extent that the proposal identifies sufficient hours to properly complete each task and the associated fee for each task. Public Standard Form – MN Page 1 of 11 2019 (20190712) AGREEMENT FOR PROFESSIONAL SERVICES 2022 SNELLING AVE NORTH STREET & UTILITY IMPROVEMENTS CITY OF ARDEN HILLS, MN and BOLTON & MENK, INC. This Agreement, made this 28th day of June 2021, by and between CITY OF ARDEN HILLS, 1245 W. Highway 96, Arden Hills, MN 55112, (“CLIENT”), and BOLTON & MENK, INC., 12224 Nicollet Avenue, Burnsville, MN 55337, (“CONSULTANT”). WITNESS, whereas the CLIENT requires professional services in conjunction with the 2022 SNELLING AVE NORTH STREET & UTILITY IMPROVEMENTS (“Project”) and whereas the CONSULTANT agrees to furnish the various professional services required by the CLIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: SECTION I - CONSULTANT'S SERVICES A. The CONSULTANT agrees to perform the various Basic Services in connection with the proposed project as described in Exhibit I. B. Upon mutual agreement of the parties, Additional Services may be authorized as described in Paragraph IV.B. SECTION II - THE CLIENT'S RESPONSIBILITIES A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include, but is not limited to: boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon public portions of the project and reasonable efforts to provide access to private portions and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Public Standard Form – MN Page 2 of 11 2019 (20190712) F. The CONSULTANT’S services do not include legal, insurance counseling, accounting, independent cost estimating, financial advisory or “municipal advisor” (as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 and the municipal advisor registration rules issued by the SEC) professional services and the CLIENT shall provide such services as may be required for completion of the Project described in this Agreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the Project. CONSULTANT will assist CLIENT with permit preparation and documentation to the extent described in Exhibit I. H. The CLIENT may hire, at its discretion, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the Project. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. If CLIENT elects not to hire an independent test company, CLIENT shall provide CONSULTANT with guidance and direction on completing those aspects of design and construction that require additional testing data. (Remainder of this page intentionally left blank) Public Standard Form – MN Page 3 of 11 2019 (20190712) SECTION III - COMPENSATION FOR SERVICES A. FEES. 1. The CLIENT will compensate the CONSULTANT in accordance with the following Schedule of Fees for the time spent in performance of Agreement services. Total cost of services for shall not exceed $199,856 without the prior consent of CLIENT. The payment of additional Construction Services to the CONSULTANT will be made by the CLIENT and be paid monthly on an hourly basis at the rates specified. Hours, rates and fees for Project tasks are further described in Exhibit I. Schedule of Fees Employee Classification Hourly Billing Rates Senior Principal $150-280/Hour Principal Engineer/Surveyor/Planner/GIS/Landscape Architect $140-225 Senior Engineer/Surveyor/Planner/GIS/Landscape Architect $110-210 Project Manager (Inc. Survey, GIS, Landscape Architect) $100-195 Project Engineer/Surveyor/Planner/Landscape Architect $85-190 Design Engineer/Landscape Designer/Graduate Engineer/Surveyor $80-190 Specialist (Nat. Resources; GIS; Traffic; Graphics; Other) $60-175 Senior Technician (Inc. Construction, GIS, Survey1) $85-180 Technician (Inc. Construction, GIS, Survey1) $65-150 Administrative/Corporate Specialists $45-125 Structural/Electrical/Mechanical/Architect $120-150 GPS/Robotic Survey Equipment NO CHARGE CAD/Computer Usage NO CHARGE Routine Office Supplies NO CHARGE Routine Photo Copying/Reproduction NO CHARGE Field Supplies/Survey Stakes & Equipment NO CHARGE Mileage NO CHARGE 1 No separate charges will be made for GPS or robotic total stations on Bolton & Menk, Inc. survey assignments; the cost of this equipment is included in the rates for Survey Technicians. 2. The preceding Schedule of Fees shall apply for services provided through December 31, 2021. Hourly rates may be adjusted by CONSULTANT, in consultation with CLIENT, on an annual basis thereafter to reflect reasonable changes in its operating costs. Adjusted rates will become effective on January 1st of each subsequent year, upon written acceptance by CLIENT. 3. Rates and charges do not include sales tax. If such taxes are imposed and become applicable after the date of this Agreement CLIENT agrees to pay any applicable sales taxes. Public Standard Form – MN Page 4 of 11 2019 (20190712) 4. The rates in the Schedule of Fees include labor, general business and other normal and customary expenses associated with operating a professional business. Unless otherwise agreed in writing, the above rates include vehicle and personal expenses, mileage, telephone, survey stakes and routine expendable supplies; and no separate charges will be made for these activities and materials. 5. Additional services as outlined in Section I.B will vary depending upon project conditions and will be billed on an hourly basis at the rate described in Section III.A.1. 6. Expenses required to complete the agreed scope of services or identified in this paragraph will be invoiced separately, and include but are not limited to large quantities of prints; extra report copies; out-sourced graphics and photographic reproductions; document recording fees; special field and traffic control equipment rental; outside professional and technical assistance; geotechnical services; and other items of this general nature required by the CONSULTANT to fulfill the terms of this Agreement. CONSULTANT shall be reimbursed at cost plus an overhead fee (not-to-exceed 10%) for these Direct Expenses incurred in the performance of the work, subject to the Total cost not to exceed fee or approved Additional services. B. PAYMENTS AND RECORDS 1. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates and terms. 2. If CLIENT fails to make any payment due CONSULTANT for undisputed services and expenses within 45 days after date of the CONSULTANT'S invoice, a service charge of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less, will be charged on any unpaid balance. 3. In addition to the service charges described in preceding paragraph, if the CLIENT fails to make payment for undisputed services and expenses within 60 days after the date of the invoice, the CONSULTANT may, upon giving seven days' written notice to CLIENT, suspend services and withhold project deliverables due under this Agreement until CONSULTANT has been paid in full for all past due amounts for undisputed services, expenses and charges, without waiving any claim or right against the CLIENT and without incurring liability whatsoever to the CLIENT. 4. Documents Retention. The CONSULTANT will maintain records that reflect all revenues, costs incurred and services provided in the performance of the Agreement. The CONSULTANT will also agree that the CLIENT, State, or their duly authorized representatives may, at any time during normal business hours and as often as reasonably necessary, have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the CONSULTANT which are relevant to the contract for a period of six years. (Remainder of this page intentionally left blank) Public Standard Form – MN Page 5 of 11 2019 (20190712) SECTION IV - GENERAL A. STANDARD OF CARE Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT’S profession currently practicing under similar conditions. No warranty, express or implied, is made. B. CHANGE IN PROJECT SCOPE In the event the CLIENT changes or is required to change the scope or duration of the project from that described in Exhibit I, and such changes require Additional Services by the CONSULTANT, the CONSULTANT shall be entitled to additional compensation at the applicable hourly rates. To the fullest extent practical, the CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such Additional Services. The CONSULTANT shall furnish an estimate of additional cost, prior to authorization of the changed scope of work and Agreement will be revised in writing. C. LIMITATION OF LIABILITY 1. General Liability of CONSULTANT. For liability other than professional acts, errors, or omissions, and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CLIENT from losses, damages, and judgments (including reasonable attorneys’ fees and expenses of litigation) arising from claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, but only to the extent caused by the acts and omissions in the non-professional services of CONSULTANT or CONSULTANT’S employees, agents, or subconsultants. 2. Professional Liability of CONSULTANT. With respect to professional acts, errors and omissions and to the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CLIENT from losses, damages, and judgments (including reasonable attorneys’ fees and expenses of litigation) arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, but only to the extent caused by a negligent act, error or omission of CONSULTANT or CONSULTANT’S employees, agents, or subconsultants. This indemnification shall include reimbursement of CLIENT’S reasonable attorneys’ fees and expenses of litigation, but only to the extent that defense is insurable under CONSULTANT’s liability insurance policies. 3. General Liability of Client. To the fullest extent permitted by law and subject to the maximum limits of liability set forth in Minnesota Statutes Section 466.04, CLIENT shall indemnify, defend and hold harmless CONSULTANT from losses, damages, and judgments (including reasonable attorneys’ fees and expenses of litigation) arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, but only to the extent caused by the acts or omission of CLIENT or CLIENT’S employees, agents, or other consultants. Public Standard Form – MN Page 6 of 11 2019 (20190712) 4. To the fullest extent permitted by law, CLIENT and CONSULTANT waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement, from any cause or causes. CLIENT waives all claims against individuals involved in the services provided under this Agreement and agrees to limit all claims to the CONSULTANT’s corporate entity. 5. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services under this Agreement are being performed solely for the CLIENT'S benefit, and no other entity shall have any claim against the CONSULTANT because of this Agreement or the performance or nonperformance of services provided hereunder. D. INSURANCE 1. The CONSULTANT agrees to maintain, at CONSULTANT’S expense a commercial general liability (CGL) and excess or umbrella general liability insurance policy or policies insuring CONSULTANT against claims for bodily injury, death or property damage arising out of CONSULTANT’S general business activities. The general liability coverage shall provide limits of not less than $2,000,000 per occurrence and not less than $2,000,000 general aggregate. Coverage shall include Premises and Operations Bodily Injury and Property Damage; Personal and Advertising Injury; Blanket Contractual Liability; Products and Completed Operations Liability. 2. The CONSULTANT also agrees to maintain, at CONSULTANT’S expense, a single limit or combined limit automobile liability insurance and excess or umbrella liability policy or policies insuring owned, non-owned and hired vehicles used by CONSULTANT under this Agreement. The automobile liability coverages shall provide limits of not less than $1,000,000 per accident for property damage, $2,000,000 for bodily injuries, death and damages to any one person and $2,000,000 for total bodily injury, death and damage claims arising from one accident. 3. CLIENT shall be named Additional Insured for the above CGL and Auto liability policies. 4. The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation coverage together with Coverage B, Employer’s Liability limits of not less than $500,000 for Bodily Injury by Disease per employee, $500,000.00 for Bodily Injury by Disease aggregate and $500,000 for Bodily Injury by Accident. 5. The CONSULTANT also agrees to maintain, at CONSULTANT’S expense, Professional Liability Insurance coverage insuring CONSULTANT against damages for legal liability arising from a negligent act, error or omission in the performance of professional services required by this Agreement during the period of CONSULTANT’S services and for three years following date of final completion of its services. The professional liability insurance coverage shall provide limits of not less than $2,000,000 per claim and an annual aggregate of not less than $2,000,000 on a claims-made basis. 6. CLIENT shall maintain statutory Workers Compensation insurance coverage on all of CLIENT’S employees and other liability insurance coverage for injury and property damage to third parties due to the CLIENT’S negligence. Public Standard Form – MN Page 7 of 11 2019 (20190712) 7. Prior to commencement of this Agreement, CONSULTANT will provide the CLIENT with certificates of insurance, showing evidence of required coverages. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement for any reason except non-payment of premium, until at least 30 days prior written notice has been given to the Certificate Holder, and at least 10 days prior written notice in the case of non-payment of premium E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of construction cost will generally be based upon public construction cost information. Since the CONSULTANT has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the CLIENT and the CONSULTANT does not warrant or guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that costs for project financing should be based upon contracted construction costs with appropriate contingencies. F. CONSTRUCTION SERVICES It is agreed that the CONSULTANT and its representatives shall not at any time supervise, direct, control, or have authority over any contractor’s work, nor shall CONSULTANT have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at any Project site, nor for any failure of a Contractor to comply with Laws and Regulations applicable to that Contractor’s furnishing and performing of its work. CONSULTANT shall not be responsible for the acts or omissions of any Contractor. CLIENT acknowledges that on-site contractor(s) are solely responsible for construction site safety programs and their enforcement. G. USE OF ELECTRONIC/DIGITAL DATA 1. Because of the potential instability of electronic/digital data and susceptibility to unauthorized changes, copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by CONSULTANT. Except for electronic/digital data which is specifically identified as a project deliverable for this Agreement or except as otherwise explicitly provided in this Agreement, all electronic/digital data developed by the CONSULTANT as part of the Project is acknowledged to be an internal working document for the CONSULTANT’S purposes solely and any such information provided to the CLIENT shall be on an “AS IS” basis strictly for the convenience of the CLIENT without any warranties of any kind. As such, the CLIENT is advised and acknowledges that use of such information may require substantial modification and independent verification by the CLIENT (or its designees). 2. Provision of electronic/digital data, whether required by this Agreement or provided as a convenience to the Client, does not include any license of software or other systems necessary to read, use or reproduce the information. It is the responsibility of the CLIENT to verify compatibility with its system and long-term stability of media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from third party use or any Public Standard Form – MN Page 8 of 11 2019 (20190712) adaptation or distribution of electronic/digital data provided under this Agreement, unless such third party use and adaptation or distribution is explicitly authorized by this Agreement. H. REUSE OF DOCUMENTS 1. Drawings and Specifications and all other documents (including electronic and digital versions of any documents) prepared or furnished by CONSULTANT pursuant to this Agreement are instruments of service in respect to the Project and CONSULTANT shall retain an ownership interest therein. Upon payment of all fees owed to the CONSULTANT, the CLIENT shall acquire a limited license in all identified deliverables (including Reports, Plans and Specifications) for any reasonable use relative to the Project and the general operations of the CLIENT. Such limited license to Owner shall not create any rights in third parties. 2. CLIENT may make and disseminate copies for information and reference in connection with the use and maintenance of the Project by the CLIENT. However, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any reuse by CLIENT or, any other entity acting under the request or direction of the CLIENT, without written verification or adaptation by CONSULTANT for such reuse will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT and CLIENT shall indemnify and hold harmless CONSULTANT from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from such reuse. I. CONFIDENTIALITY CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other than CONSULTANT’S employees and subconsultants any information obtained from CLIENT not previously in the public domain or not otherwise previously known to or generated by CONSULTANT. These provisions shall not apply to information in whatever form that comes into the public domain through no fault of CONSULTANT; or is furnished to CONSULTANT by a third party who is under no obligation to keep such information confidential; or is information for which the CONSULTANT is required to provide by law or authority with proper jurisdiction; or is information upon which the CONSULTANT must rely for defense of any claim or legal action. J. PERIOD OF AGREEMENT This Agreement will remain in effect for the longer of a period of two (2) years or until such other expressly identified completion date, after which time the Agreement may be extended upon mutual agreement of both parties. K. TERMINATION This Agreement may be terminated: 1. For cause, by either party upon 7 days written notice in the event of substantial failure by other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. For termination by CONSULTANT, cause includes, but is not limited to, failure by CLIENT to pay undisputed amounts owed to CONSULTANT within 120 days of invoice and delay or suspension of CONSULTANT’s services for more than 120 days for reasons beyond CONSULTANT’S cause or control; or, Public Standard Form – MN Page 9 of 11 2019 (20190712) 2. For convenience by CLIENT upon 7 days written notice to CONSULTANT. 3. Notwithstanding, the foregoing, this Agreement will not terminate under paragraph IV.K if the party receiving such notice immediately commences correction of any substantial failure and cures the same within 10 days of receipt of the notice. 4. In the event of termination by CLIENT for convenience or by CONSULTANT for cause, the CLIENT shall be obligated to the CONSULTANT for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination, computed in accordance with Section III of this Agreement. CONSULTANT shall deliver and CLIENT shall have, at its sole risk, right of use of any completed or partially completed deliverables, subject to provisions of Paragraph IV. H. 5. In event of termination by CLIENT for cause and in addition to any other remedies available to CLIENT, CONSULTANT shall deliver to CLIENT and CLIENT shall have right of use of any completed or partially completed deliverables, in accordance with the provisions of Paragraph IV.H. CLIENT shall compensate CONSULTANT for all undisputed amounts owed CONSULTANT as of date of termination. L. INDEPENDENT CONTRACTOR Nothing in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the CONSULTANT or any of its employees as the agent, representative, or employee of the CLIENT for any purpose or in any manner whatsoever. The CONSULTANT is to be and shall remain an independent contractor with respect to all services performed under this Agreement. M. CONTINGENT FEE The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from award or making of this Agreement. N. NON-DISCRIMINATION The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that all employees, persons seeking employment, subcontractors, subconsultants and vendors are treated without regard to their race, religion, sex, color, national origin, disability, age, sexual orientation, marital status, public assistance status or any other characteristic protected by federal, state or local law. O. ASSIGNMENT Neither party shall assign or transfer any interest in this Agreement without the prior written consent of the other party. P. SURVIVAL Public Standard Form – MN Page 10 of 11 2019 (20190712) All obligations, representations and provisions made in or given in Section IV and Documents Retention clause of this Agreement will survive the completion of all services of the CONSULTANT under this Agreement or the termination of this Agreement for any reason. Q. SEVERABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. R. CONTROLLING LAW This Agreement is to be governed by the law of the State of Minnesota and venued in courts of Minnesota; Ramsey County, or at the choice of either party, and if federal jurisdictional requirements can be met, in federal court in the district in which the project is located. S. DISPUTE RESOLUTION CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution or exercising their rights under law. Any claims or disputes unresolved after good faith negotiations shall then be submitted to mediation using a neutral from the Minnesota District Court Rule 114 Roster, or if mutually agreed at time of dispute submittal, a neutral from the American Arbitration Association Construction Industry roster. If mediation is unsuccessful in resolving the dispute, then either party may seek to have the dispute resolved by bringing an action in a court of competent jurisdiction. T. MINNESOTA GOVERNMENT DATA PRACTICES ACT (MGDPA) All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the CONSULTANT’S performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The Consultant agrees to abide by these statutes, rules and regulations and as they may be amended. In the event the CONSULTANT receives a request to release data, it shall notify CLIENT as soon as practical. The CLIENT will give instructions to CONSULTANT concerning release of data to the requesting party and CONSULTANT will be reimbursed as additional services for its reasonable labor and other direct expenses in complying with any MGDPA request, but only to the extent that the request is not due to a negligent, intentional or willful act or omission by the CONSULTANT or other failure to comply with its obligations under this contract. Public Standard Form – MN Page 11 of 11 2019 (20190712) SECTION V - SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CLIENT: City of Arden Hills, MN CONSULTANT: Bolton & Menk, Inc. Mike Waltman, PE Burnsville Work Group Leader Typical Municipal. Doc Exhibit I - Page 1 of 3 June 2021 EXHIBIT I CONSULTANT’S SERVICES 2022 SNELLING AVE NORTH STREET & UTILITY IMPROVEMENTS CITY OF ARDEN HILLS, MN and BOLTON & MENK, INC. DESCRIPTION OF PROJECT AND SCOPE OF IMPROVEMENTS The CONSULTANT agrees to provide civil engineering services required for the construction of city funded, street, utility and related improvements in conjunction with Snelling Avenue N Street & Utility Improvement Project. Scope of work shall be in general accordance with the Proposal dated June 4, 2021. The basic improvements as part of this Agreement are outlined in the Bolton & Menk proposal, including: street resurfacing, pedestrian improvements/considerations, watermain replacement, sanitary sewer replacement, and drainage improvements. I.A. BASIC SERVICES For purposes of this Project, Basic Services to be provided by the CONSULTANT are as follows: 1. Upon notice to proceed, the CONSULTANT shall meet with the Arden Hills City Engineer for a project kick-off meeting. 2 The CONSULTANT shall review and rely upon the Preliminary Report prepared by the CLIENT and other documents listed in the RFP prepared for CLIENT by other consultants. 3. The CONSULTANT shall conduct a field survey for Cummings Lane to obtain information for detailed design and construction documents. 4. The CONSULTANT shall prepare plans and specifications and submit copies to the CLIENT for review and comment. 5. Construction plans and documents will be prepared in general conformance with applicable State Aid standards to the extent permitted by site topography and grades. The plans shall be prepared using English standards. 6. The CONSULTANT shall complete the storm sewer design within and serving the project area. Such design shall be in accordance with City direction and of sufficient detail for submittal to Rice Creek Watershed District (RCWD), as required. 7. The CONSULTANT shall assist the CLIENT in the preparation of permit applications for MnDOT, MPCA (storm water/erosion control and sanitary sewer construction) and Minnesota Department of Health (watermain), and RCWD, if required and identified in the proposal. The CONSULTANT'S responsibility on the permit application shall be to provide information relative to the project including copies of plans, specifications and computations. The CLIENT shall assume responsibilities for submittals of permit applications, necessary bonds, permit application fees, negotiation for access or rights-of-way, and non-engineering work associated with such permits. Typical Municipal. Doc Exhibit I - Page 2 of 3 June 2021 8. The CONSULTANT shall provide copies of the plans for use by the CLIENT in negotiating and obtaining easements and rights-of-way, if required. 9. The CONSULTANT shall prepare plans, specifications and proposal forms, in electronic format, for use by bidders; and assist in the preparation of advertisement for bids. 10. The CONSULTANT shall attend the public bid letting, tabulate unit price bid items and furnish tabulations to the CLIENT. 11. The CONSULTANT shall prepare, with the assistance of the CLIENT'S attorney and staff, and contracts after award of contract. Construction Contract Administration 1. The CONSULTANT shall attend and assist with the pre-construction conference to be attended by the CLIENT, contractors and any affected utility companies. 2. The CONSULTANT shall review, for conformance with plans and specifications only, any shop drawings required to be furnished by the contractor. 3. The CONSULTANT shall consult with and advise the CLIENT and act as the CLIENT'S construction representative as provided in the contract documents. 4. The CONSULTANT shall make visits to the site at intervals and durations generally as specified in the proposal to observe the progress and quality of the executed work of the contractors, and determine, in general, if such work is proceeding in accordance with the contract documents. 5. The CONSULTANT and its representatives shall not be responsible for the means, methods, techniques, sequences, schedules or procedures of construction selected by the contractor or the safety precautions or programs incident to the work of the contractor. 6. The CONSULTANT shall review the contractor's request for partial payments. Such review shall be based upon the CONSULTANT'S on-site observations and such written documentation as may be available to the CONSULTANT at the time of review. Such review shall not include verification of unit price contract quantities by physical measurement of individual work items. 7. The CONSULTANT shall conduct a final inspection of the project to determine, in general, conformance with contract documents completion requirements and to assist in evaluation of the final payment request from the contractor. 8. CONSTRUCTION STAKING. Perform construction staking and furnish necessary equipment and supplies to establish grade and line for the contractor's guidance in construction of the project and in accordance with the contract documents, as specified in the proposal. 9. RESIDENT PROJECT REPRESENTATIVE. Provide resident project representative (RPR) services during construction of the project at approximate duration and frequency as outlined in the proposal. RPR services consist of observation of the work of the work of the contractor, coordination of testing services and documentation of the work progress. RPR services do not constitute acceptance or approval of the contractor's work nor do they relieve any part of the contractor's responsibility under the construction documents. Typical Municipal. Doc Exhibit I - Page 3 of 3 June 2021 I.B. ADDITIONAL SERVICES Consulting services performed other than those authorized under Section 1.A shall be considered not part of the Basic Services and may be authorized by the CLIENT as Additional Services. Additional Services consist of those services that are not generally considered to be Basic Services; or exceed the requirements of the Basic Services; or are not definable prior to the bidding of the project; or vary depending on the technique, procedures or schedule of the project contractor. Additional services include: 1. Construction services beyond those outlined in the proposal. 2. EASEMENT & ACQUISITION SERVICES. Boundary and easement surveys for the purpose of describing project sites and easements, preparation of property descriptions, site maps, assistance with eminent domain proceedings, court preparation and testimony. 3. All other services not specifically identified in Sections I.A or I.B of this Exhibit. Client: City of Arden HillsProject: Snelling Avenue North Street and Utility ImprovementsTask No.Work Task DescriptionProject Manager / Principal-in-ChargeProject EngineerSenior Trenchless Utilities EngineerEngineering TechnicianConstruction ManagerConstruction ObserverSurvey ManagerSurvey TechnicianSurveyorWetland SpecialistAdmin/CoordinationTotal HoursTotal Cost1.0 Project Coordination24 24 0 0 0 0 0 0 0 0 8 56 $8,6722.0 Data Collection and Information Review 0 4 0 0 0 0 0 0 0 00 4 $5803.0 Project Survey 0 0 0 0 0 0 10 12 40 24 0 86 $11,8644.0 Design Analysis8 49 0 40 0 0 0 0 0 0 0 97 $13,5855.0 Project Plans20 74 4 320 0 0 0 0 0 0 32 450 $58,1586.0 Project Manual/Specifications 8 40 2 0 0 0 0 0 0 0 48 98 $12,1527.0 Public Engagement4 4 0 4 4 4 0 0 0 0 8 28 $3,6168.0 Bidding Assistance0 5 0 0 0 0 0 0 0 0 30 35 $3,5459.0 Construction Administration 16 0 0 0 140 392 6 12 108 0 4 678 $87,684Total Hours80 200 6 364 144 396 16 24 148 24 130 1532Average Hourly Rate$185.00 $145.00 $180.00 $125.00 $149.00 $112.00 $172.00 $106.00 $160.00 $103.00 $94.00Subtotal$14,800 $29,000 $1,080 $45,500 $21,456 $44,352 $2,752 $2,544 $23,680 $2,472 $12,220$199,856Detailed Cost EstimateTotal FeeBolton & Menk, Inc.2022 Snelling Ave NCity of Arden Hills, MinnesotaDetailed Cost EstimateExhibit 1 12224 Nicollet Avenue | Burnsville, MN 55337-1649 Ph: (952) 890-0509 | Fax: (952) 890-8065 | Bolton-Menk.com Contact: Mike Waltman, PE 612-221-6946 Michael.Waltman@bolton-menk.com Snelling Avenue North Street and Utility Improvements City of Arden Hills | June 4, 2021 PROPOSAL 12224 Nicollet Avenue Burnsville, MN 55337-1649 Ph: (952) 890-0509 Fax: (952) 890-8065 Bolton-Menk.com Bolton & Menk is an equal opportunity employer. June 4, 2021 David Swearingen, PE Interim Public Works Director City of Arden Hills 1245 W Highway 96 Arden Hills, MN 55112 RE: Proposal for Snelling Avenue North Street and Utility Improvements Dear Mr. Swearingen: Bolton & Menk, Inc. has completed a thorough review of the project history and is prepared to bring a new approach to this project. We understand the city wants to rehabilitate the pavement at the lowest reasonable cost and make cost-effective pedestrian improvements along the way, and we've integrated that understanding into our priorities for this project. By partnering with Bolton & Menk, you can expect: Technical Leadership - The Snelling Avenue North Street and Utility Improvements project requires a range of services, and from topographic survey through construction, the city needs a consultant with the experience and expertise to manage them all. Bolton & Menk has successfully completed dozens of street and utility projects in the metro area in the last five years. We are experts in resident outreach, stakeholder consensus building, and execution through the construction process. You can trust that when you put this project in our hands, miscommunication and costly mistakes will not happen. Experience That Matters – Bolton & Menk understands the need for coordination with the State Aid Office and Rice Creek Watershed District (RCWD) to clearly define project design constraints. Our team can clearly communicate constraints to the project stakeholders. We have the right experience to deliver on a project design that ‘threads the needle’ between these dynamics. Our project team has experience delivering similar projects with state aid rules, contaminated soils, low-cost pavement rehabilitation, and multiple utility construction methods. At the end of the day, we have the experience to deliver for Arden Hills. Starting Off On the Right Foot – Our proposed scope of work includes significant additional efforts to get this project started off correctly, making sure no stone goes unturned relative to what is possible in this corridor regarding application of state aid rules and associated statutes. Our proposed fee is commensurate with our proposed scope of work, meaning we do not intend to ‘nickel and dime’ the city for exploring and accomplishing the underlying goals. We have reviewed not just the RFP, but have developed a thorough understanding of the full feasibility process, and our proposal reflects what this project needs to get started on the right foot. In continued service to the City of Arden Hills, picking up from the successful delivery of the 2021 Pavement Management Plan, we are excited at the opportunity to complete this project. I will personally serve as your lead client contact and project manager. Please contact me at 612-221-6946 or Michael.Waltman@bolton-menk.com if you have any questions regarding our proposal. Respectfully submitted, Bolton & Menk, Inc. Mike Waltman, PE Project Manager Snelling Avenue North Street and Utility Improvements | City of Arden Hills FIRM INFORMATION AND EXPERIENCE Bolton & Menk specializes in providing public infrastructure solutions. Since 1949, we have been committed to improving quality of life through engineering excellence and client satisfaction. What started over 70 years ago has flourished into one of the Midwest’s largest engineering firms, and today we have nearly 650 employees throughout 24 offices in Minnesota, Iowa, North Dakota, North Carolina, and South Carolina. Our growth in the Twin Cities marketplace has also expanded in recent years, and with the addition of a downtown Minneapolis office in 2020, we now have 255 employees between our six Metro locations. Today, Bolton & Menk ranks first on Minneapolis/St. Paul Business Journal’s Largest Metro Engineering Firms Top 25 list, and our five-year vision includes expanding further into the Twin Cities market with clients that align with our belief in creating safe, sustainable, and beautiful communities. 1Firm Information and Experience Crosby Road Improvements City of Minnetonka The City of Minnetonka’s utility evaluation assessment and Pavement Management Program (PMP) identified a segment of Crosby Road for pavement rehabilitation. This segment of Crosby Road is a vital transportation collector route and pedestrian link between McGinty Road, Wayzata Boulevard, and TH 12. In addition to transportation and pedestrian issues, this corridor had deficient watermain and storm sewer facilities. Several neighborhoods adjacent to this segment of Crosby Road have no outlet and there was a concern regarding access during construction. We developed solutions to several problems in the project area, including • Determining the appropriate side of the roadway for a new pedestrian facility • Evaluating potential large-scale storm sewer needs • Identifying replacement alternative needs under a Canadian Pacific Railroad • Eliminating a horseshoe driveway, requiring temporary and permanent easements We developed a plan that included staged construction, utility installation, and identified detours to ease local resident and business concerns for access and utility outages. Completing construction in three stages minimized disruptions and improved access to adjacent neighborhoods. Interlachen Park Street and Utility Improvements City of Hopkins The Hopkins Interlachen Park neighborhood streets are deteriorated, and underground utilities have reached the end of their life span. The neighborhood consists of almost 300 single family properties and borders the Meadowbrook and Interlachen golf courses. This was also one of the last neighborhoods in the city without concrete curb and gutter, which some residents have opposed in the past. The city is fully reconstructing the streets and utilities and installing curb and gutter within the neighborhood over two construction seasons. Bolton & Menk worked with city staff to put together a feasibility report and preliminary plans that show it is possible to construct this large neighborhood project over two construction seasons while maintaining access and staying within budget. Several neighborhood meetings were held, and questionnaires were delivered to property owners to collect input on controversial items such as sidewalks, tree removals, and curb and gutter installation. It was determined that sidewalks were not needed throughout the neighborhood and were largely not desired by residents. Tree removals were a major concern for residents; Bolton & Menk worked with an independent arborist to rate tree conditions to determine if a tree should be removed or was worth saving. Trenchless service options were offered to residents at a higher assessment cost if they wished to save a tree that was directly over a utility service. The installation of curb and gutter was also contested by some residents. Bolton & Menk produced a 60-page supplemental report to the feasibility study to compare alternatives with an evaluation matrix. Woodhill Road Improvements City of Minnetonka Woodhill Road was a 1.1-mile collector roadway with a failing surface and aging 36-inch trunk water main that provided water from the tower to much of the city. Bolton & Menk developed plans to replace the 36-inch water main with a smaller, but acceptable, 30-inch water main. An 8-inch domestic water main was added to parallel the trunk to serve the domestic water services, reducing connection and potential weak points on the new trunk main. Snelling Avenue North Street and Utility Improvements | City of Arden Hills 2Firm Information and Experience Project phasing and temporary water service plans were developed to maintain water service spanning three separate water pressure zones along the area, as well as maintain suitable access for residents and businesses. An 8-foot multiuse trail was added to the length of the corridor to offer a safer travel option for pedestrians and cyclists. Alternative excavation means, including trenchless water services, were incorporated to help the contractor cross the newly underground private utilities. Strategic phasing and a public communication plan were put into place to help navigate the construction area and reduce impacts to businesses. Cedar Lake Road Improvements City of St. Louis Park The City of St. Louis Park is transforming its transportation system from a focus on motorists to an emphasis on multimodal travel. This will include a series of sidewalk, bikeway, and trail expansions and a review of reconstruction projects to serve the community and be more equitable for residents and businesses. From a multimodal perspective, Cedar Lake Road is arguably the most important corridor in the city’s north side, and an essential connection for the city’s long-term sidewalk, bikeway, and trail master plan known as Connect the Park. Bolton & Menk evaluated and reimagined the corridor. The outcome meets all user needs by adding bikeway facilities to each side; adding pedestrian facilities to the south side; adding turn lanes where warranted; saving the north boulevard and several mature trees; establishing a south boulevard; adding bus bump-ins to keep riders off the street for loading/ un-loading; and, although parking was reduced, adding parking bays. We also launched a communication plan that emphasized consistent and timely messaging during design and construction, minimizing negative public impact. These new pedestrian and bicycle facilities along Cedar Lake Road will serve as a safe and efficient transportation option for travelers opting for non-motorized transportation to get around the city. 2017 Street Reconstruction City of Prior Lake Four areas throughout the city had deteriorating streets and aging utilities. Bolton & Menk compiled a feasibility report with four separate assessment calculations; conducted presentations at public informational meetings; prepared plans and specifications; and assisted with construction administration, observation, and staking. Due to a turnover in city council, the project design timeline decreased to keep the project on track for construction completion in 2017. One design challenge included addressing contaminated soils discovered late in the project. We developed specification language and appropriate bid items, setting up the project to run smoothly when construction started. Another significant design challenge was working with a tight- knit neighborhood adjacent to the lake that only had access from a long dead-end street with no turnaround. We developed options and plans to provide a turnaround that minimized impacts to the neighborhood and an adjacent private beach. The plan included a large retaining wall, landscaping elements, and a stormwater filtration area that addressed the neighborhood's need for water quality improvements and lake protection. Another project area consisted of the design of a state aid collector street abutted by a mix of single family residential homes, townhomes, multi-unit buildings, apartments, and commercial businesses. The challenges included narrowing the existing street, adding sidewalk, and addressing speeding and traffic concerns. Bolton & Menk used multiple project communication tactics to accommodate the differing project areas and challenges presented. Overall, the city was pleased with the project design, which allowed for a smooth transition into construction. 65th Street Improvements City of Inver Grove Heights Reconstruction of 65th Street and several adjacent local streets was planned as part of the city's Capital Improvement Plan. 65th Street is a collector roadway and is designated as a state aid route. The corridor had areas of underlying soil contamination. As a leader of the project, Bolton & Menk procured a Response Action Plan (RAP) and incorporated the associated requirements in the project specifications. Several areas of the existing alignment did not meet state aid criteria for a 35 mile-per-hour road and presented design challenges to accommodate the existing right-of-way. There were also several storm sewer outfalls to local stormwater basins that had evidence of major erosion and sediment transfer. Bolton & Menk's design included sediment traps and drop structures to reduce the velocity of the stormwater prior to reaching the ponds. The 65th Street corridor now provides a consistent typical section and improved drainage for adjacent driveways and residential properties, all meeting state aid requirements. 2019 Project of the Year Honorable Mention— City Engineers Association of Minnesota Snelling Avenue North Street and Utility Improvements | City of Arden Hills 3Firm Information and Experience/Project Team PROJECT TEAM Bolton & Menk recognizes the value of a forward-looking project team that can anticipate project challenges, empathize with resident concerns, and build project consent through a creative and comprehensive analysis of improvement alternatives. The team we propose for the Snelling Avenue North Street and Utility Improvements project has this experience. We have provided a brief background and description of key individual roles. These individuals have track records of successful projects and, just as importantly, are enthusiastic and committed to meeting and exceeding your expectations. Mike Waltman, PE Project Manager/Principal-in-Charge Mike will serve as your primary point of contact. He has the qualifications, experience, motivation, and work ethic to effectively manage and coordinate each project phase. Mike will provide close coordination with the City of Arden Hills and project partners. He will be responsible for overall team management and all schedule, cost, public outreach, and scope management processes. Mike began his engineering career in 2006. Stemming from eight years of construction inspection experience early in his career, Mike manages municipal infrastructure projects and supports cities in pursuit of their goals. His expertise includes capital improvement planning, project programming, funding, conceptual design, feasibility reports, completing final design, and construction oversight. He has a passion for effectively managing all aspects of project budgets, from pursuing grant opportunities to administering projects to meet funding requirements, large and small. Mike's goal is client satisfaction, and he works hard to make that happen. Mike is constantly responsive and makes his clients a priority in daily operations. • City of Apple Valley, 2015 Utility Improvements • City of Brooklyn Center, 2017 Evergreen Street and Utility Improvements • City of Brooklyn Center, Firehouse Park Area Street and Pipe Improvements • City of Burnsville, 126th Street/ Dupont Avenue • City of Burnsville, 121st and Pleasant Avenue Improvements • City of Carver, 2017 Street and Utility Improvements • City of Chisago City, 2018 Street Improvements • City of Clearwater, 2019 SE Area Street Improvements • City of Hopkins, 2019 Street and Utility Improvements • City of Hopkins, 2020 Street Surface Improvements • City of Hopkins, Interlachen Park Street and Utility Improvements • City of Hudson, 2015 Street Improvements • City of Hudson, Vine Street Improvements • City of Hudson, 2016 Street Improvements • City of Isanti, 2018 Street and Utility Improvements • City of Jordan, 2016 Street and Utility Improvements • City of Minneapolis, 26th Avenue North Improvements • City of Mound, 2016 Sanitary Sewer Rehabilitation • City of Richfield, Lyndale Avenue Improvements • City of Scandia, Quinnell Avenue Street Improvements • City of Shorewood, Strawberry Lane Street • City of Victoria, 78th Street and Kochia Lane • City of Victoria, Stieger Lake Street and Park Improvements • City of Waconia, Community Drive and 94th Street • City of Woodbury, Summerlin (Phase 1 and 2) Utility Metro-Area Street and Utility Project Experience Below is a snapshot of Bolton & Menk’s extensive street and utility project experience in the metro area. Further detail and projects are available upon request. Mike's Similar Project Experience »2015 Downtown Improvements—City of Jordan (State Aid Route and State Aid Funded, 2015 MPWA Project of the Year) • Project Manager »2015 Mainstreet Improvements—City of Hopkins (State Aid, Federal Aid Rehabilitation/Reconstruction) • Project Manager »2017 Artery Improvements—City of Hopkins (State Aid Route, 2018 MPWA Project of the Year) • Project Manager »2019 Cedar Lake Road Improvements—City of St. Louis Park (State Aid Route and State Aid Funded, 2019 CEAM Project of the Year Honorable Mention) • Project Manager »2020 Zachary Lane and Schmidt Lake—City of Plymouth (State Aid Route and State Aid Funded Pavement Rehabilitation) • Project Manager »2017–2023 Various Street and Utility Improvements—City of Minnetonka • Project Manager »2006–2022 Various Street and Utility Improvements—City of Hopkins • Project Manager/Project Engineer »City of Jordan (State Aid Community) • Current Consultant City Engineer Brad Fisher, PE Project Engineer Mike Waltman, PE Project Manager/ Principal-in-Charge Nick Amatuccio, PE Construction Manager Eric Wilfahrt, PLS Survey Manager Mitch Hoeft, PE Senior Trenchless Utilities Engineer Snelling Avenue North Street and Utility Improvements | City of Arden Hills 4Project Team Brad Fisher, PE Project Engineer Brad will work with the team to ensure the street and utility improvements are buildable and meet the necessary requirements. Brad began his engineering career in 2014. He has worked on many municipal projects consisting of roadway design, including municipal state aid design and utilities such as sanitary sewer, watermain, and storm sewer. Brad completes project planning, design, and preparation of construction plans and specifications. His design experience includes preliminary and final design, preliminary layout and design, preparation of feasibility reports, preparation of construction plans and specifications, preparation of quantity take-offs and cost estimates, and project documentation. In addition to his design experience, Brad has experience providing construction inspection and documentation services on various projects. Similar Project Experience »2019 Street and Utility Improvements, City of West St. Paul »Westview Street and Utility Improvements, City of Farmington »2019 Street and Utility Improvements, City of Northfield »2017 Street and Utility Improvements, City of Prior Lake (Contaminated Soils) Nick Amatuccio, PE Construction Manager Nick will use his understanding of both design and construction best practices to ensure high-quality construction administration. Nick joined Bolton & Menk in 2011. As an area construction manager, he is responsible for construction administration, construction observation, and general oversight of Bolton & Menk construction service delivery for numerous municipal improvement projects and staff. Nick’s construction administration experience includes work on several street and utility reconstruction projects. He is skilled with real-world work in the field and direct communication with city staff, residents, business owners, and contractors to complete successful construction projects, such as the Mainstreet Improvements project for the City of Hopkins. Similar Project Experience »NE Penn Area Drainage Improvements, City of Bloomington (2019 MPWA Project of the Year) »2021 PMP Improvements, City of Arden Hills • Project Engineer »2011–2021 Street and Utility Improvements, City of Hopkins • Project Engineer Eric Wilfahrt, PLS Survey Manager Eric will coordinate with survey crew chiefs to complete topographic survey in a timely manner. He will coordinate with our survey drafters to implement field shots into an AutoCAD drawing for plan use and will manage survey staking requests through construction. Eric has been involved with past projects for Arden Hills and is familiar with the community. Eric began his surveying career with Bolton & Menk in 2004. He manages survey operations for the firm’s south metro locations. He likes to complete projects that have complex and challenging right-of-way and boundary determinations. Eric is very detail orientated, and he strives to produce the best possible product for clients while keeping budget in mind. He is responsible for crew scheduling and coordination; professional reviews and determinations; research; and preparing, calculating, interpreting, and writing legal descriptions. He also provides quality assurance and quality control on projects to ensure project scopes are complete. Eric is proficient in Civil 3D and Trimble Business Center. Mitch Hoeft, PE Senior Trenchless Utilities Engineer Mitch brings substantial trenchless utility rehabilitation and maintenance experience to this project. He joined Bolton & Menk in 2018, having left a role as regional representative of a national trenchless contractor. In that role, Mitch was responsible for bidding and scheduling trenchless pipeline rehabilitation work as well as coordinating with cities and engineers on product selection and specification writing. Mitch is a principal engineer who began his engineering career in 2008 with the City of Golden Valley. During his years there, Mitch represented the city on the Joint Water Commission (JWC) with partner cities Crystal and New Hope. Mitch developed expertise with a variety of watermain replacement techniques, including trenchless strategies for unique situations. Mitch specializes in trenchless utility rehabilitation and municipal engineering services. For the City of Arden Hills, he will lead the project's trenchless watermain improvement designs. Mitch will also review provided sewer video to gauge whether trenchless improvements are needed for the sanitary sewer segment crossing Old Snelling Avenue. Mitch is also involved in various organizations throughout the Upper Midwest and strives to establish connections within all aspects of public works. Connecting people and services is what drew Mitch to engineering, and he believes each project is unique and works to address each need in a way that is cost-effective, politically acceptable, and minimally intrusive. Snelling Avenue North Street and Utility Improvements | City of Arden Hills PROJECT UNDERSTANDING AND APPROACH 5Project Understanding and Approach Project Understanding The City of Arden Hills is seeking professional engineering and construction staking/observation services to assist with design, bidding, final assessments, construction staking, construction inspection, and project closeout associated with the Snelling Avenue North Improvements project. Per the selected alternative from the feasibility report, as well as public testimony and city council discussion and direction we have listened to, the project involves:• Reclamation and resurfacing of Snelling Avenue North from TH 51 to CR E, Cummings Lane, and a short portion of Bussard Court immediately adjacent to Snelling Avenue• Watermain replacement along Snelling Avenue North from Bussard Court to Lametti Lane• Replacement of a CIP/VCP 8-inch sanitary sewer crossing of Snelling Avenue North at Skiles Lane• Replacement of a relatively short, failed section of storm sewer pipe and structure at the east end of Cummings Lane• Consideration and incorporation of measures to benefit the safety of non-motorized users of Snelling Avenue North We have reviewed in detail the full feasibility report, all appendices, and RFP. We do not intend to repeat all content from that review; however, notable features which make this project somewhat unique are listed to demonstrate our thorough project understanding: • Residents along and adjacent to the corridor energetically expressed their opinions of the improvements at the April 26, 2021, public hearing. We understand the challenging position the city council and staff face to find reasonable solutions. Along these lines: »We have carefully listened to the public testimony to understand the corridor's competing public infrastructure interests. Similarly, we carefully reviewed the written public input received prior to the meeting. »We understand the desire for a trail connection to meet the long-term need for a non-motorized network; we have reviewed the comprehensive plan to understand the desired connections. »In lieu of a trail and in response to public testimony, we understand the desire for non-motorized traffic safety improvements and reduced motor vehicle speeds. »We understand the dynamics associated with the proposed roundabout at the intersection of Snelling Avenue North with CR E. We have contemplated potential influences that project may have on this resurfacing effort related to the project limits, non- motorized connections, drainage considerations, and the watermain improvement limits considered for that separate project. We also understand support for this potential project is not unanimous, and consideration needs to be given to both the build and no-build aspects in this area. • Listening to discussion and direction of the city council, we understand the first step toward confirming the scope and direction of the project is to convene with the Municipal State Aid (MSA) Office. • We recognize the presence of contaminated soils, as documented in: »Initial soil borings by NTI (November 2019) »Phase 1 Environmental Site Assessment by WSB (March 2020) »Field Investigation Report prepared by WSB (May 2020) »Response Action Plan by WSB (September 2020), emails between former Public Works Director Blomstrom and WSB, and the subsequent MPCA approval letter »Geotechnical recommendation memorandum by SEH (October 2020) • We understand the recycled aggregate to be used in the roadway will not require mitigation for reuse or removal/disposal. The presence of contaminated soil requires landfill for open trench utility installations. We noted this also presents a potentially significant cost risk to open cut utility construction, which should be weighed against trenchless utility alternatives. • Two separate layers of bituminous pavement, as shown in the November 2019 soil borings, separated by a varying thickness layer of aggregate base. It would seem that previous improvements along this corridor similarly chose to avoid the underlying soil and build up the roadway rather than reconstruct it. This separate layer of bituminous pavement, if rising into the upper 12 inches as indicated in SB-2 and nearly in SB-1, may require consideration of variable reclamation depth and additional quantify for pavement removal at open cut pavement locations. Snelling Avenue North Street and Utility Improvements | City of Arden Hills 6Project Understanding and Approach • The corridor is bordered by rural ditch sections and delineated wetlands in some areas. The feasibility report calls attention to the wooded nature of the corridor and desire to protect adjacent trees. We understand it is intended to minimize, if not avoid, impacts outside the existing roadway corridor as both a cost savings and functional measure to successfully deliver this project. • MSA rules—or rather, state statutes—will govern much of the roadway design. Based on our team’s routine experience working with the MSA Metro Office, we understand the definitions and associated constraints of a rehabilitation project versus a reconstruction project. We are prepared to offer cost-effective solutions within these constraints. Perhaps equally important, we are prepared to articulate to the public and all project stakeholders the external constraints and how the city can work within them toward a reasonable solution. Our proposed approach to meeting MSA standards is reviewed in detail in the Project Coordination section of our Approach to Scope of Services. • Rice Creek Watershed District (RCWD) rules will require consideration on the project, though based on the rehabilitation, we understand these rules will have less influence on the project design than other considerations identified herein. In addition to reviewing the project documentation, we have visited the site and given consideration to the roadway reclamation process, the existing curbing and pavement condition at the north end of the project area as it relates to the potential roundabout, watermain improvements and potential additional hydrant replacements based on age and opportunity created here, temporary water and trenchless watermain considerations, and drainage improvements/ wetland delineation needs. We understand communication is critical in all aspects of the project. We will follow the city’s public involvement process and work closely with city staff throughout all project phases to keep you informed and educated on the design taking place. We will provide requested updates to the city council and work with residents from preliminary design through construction to help assist with their questions and specific needs. We also understand the city’s desire to minimize consultant amendments, and as such, we invested significant due diligence in preparation of this proposal in hopes of flushing out potential changes before they ever occur. It is never our goal to encumber additional services on a project. Our project team strives to achieve a successful but unsurprising project delivery process. Approach to Scope of Services For the City of Arden Hills to successfully satisfy the project stakeholders, it will need an engineering consultant that has sound technical expertise coupled with a communication style and deliverables that can be easily interpreted by the public. Any uncertainty expressed by the consultant or inability to support recommendations ‘on the fly’ at neighborhood meetings or the assessment hearing could generate unwanted turmoil. With those thoughts in mind, the proposed Bolton & Menk team was specifically selected to support the City of Arden Hills and provide sound technical expertise for the tasks at hand. Our team will focus on deliverables, exceptional leadership in public and stakeholder involvement, and superior project management. The detailed work plan on the following pages is outlined by tasks addressing all elements of the RFP. Bolton & Menk listened closely to the ideas and intent behind council direction provided to city staff at the April 26, 2021, city council meeting. We understand it is the city's intent to reclaim the roadway corridor and explore with the selected engineering consultant and MSA staff the desired corridor solution with pedestrian safety and public input in mind. First and foremost on this project, Bolton & Menk will schedule and conduct a meeting with the Metro State Aid Office to discuss the proposed roadway layout. On the following page is the roadway typical section we would intend to present to confirm it meets state aid requirements. PROPOSED APPROACH TO INITIAL PROJECT SCOPE CONFIRMATION Project Understanding and Approach Snelling Avenue North Street and Utility Improvements | City of Arden Hills These roadway geometrics meet MSA standards for a reconstructed roadway. While we see value in confirming the project typical section with state aid staff, we see no need for a variance from MSA standards to achieve project goals. In the event MSA staff suggests a variance is necessary, Bolton & Menk is experienced with securing such variances through presentation to the Municipal Screening Board. In this case, a variance from meeting reconstruction standards with a request to instead fall back to less demanding roadway rehabilitation standards clearly appears warranted. In consideration of a variance, one must demonstrate a practical difficulty—a threshold which is clear in this case. The feasibility report clearly demonstrates a practical difficulty with traditional full depth reconstruction of the roadway corridor due to the presence of contaminated soils—soils which were apparently contaminated when the roadway was under a separate jurisdiction. Our proposed solution intends to reclaim the roadway to 12-inch depth as proposed under feasibility report alternative #2, so as not to expose the underlying subgrade. Subgrade exposure will be proposed to be limited to less than 10,000 square feet to avoid triggering RCWD's stormwater management requirements. Assuming a 20-foot-wide utility trench, this would imply the project will be limited to 500 LF of utility trench to remain under before costly and spacious stormwater management measures are necessary. • To remain under 500 LF of open utility trench and to avoid additional exposure of similarly costly contaminated soils, Bolton & Menk will propose trenchless replacement of the identified watermain segment with the only trench excavations being for drilling and connection pits. We estimate these 50-foot x 20- foot pits to require only 1,000 square feet out of the allotted 10,000 square feet threshold. • Regarding the drainage improvements needed to facilitate drainage from the curb, we have two proposed strategies that will be evaluated: »If the trail is installed on the east side: from our site visit, we noted a ‘quarter crown’ on the east side of the road where both drive lanes flow to the west and only the shoulder flows to the east. In this area, it would be conceivable to install a ‘tip out’ curb to avoid requiring catch basins or storm sewer. »In areas where storm sewer is required: a catch basin would be installed along with pipe to discharge the storm sewer to the adjacent existing ditch (perpendicular to the roadway). The ditches will continue to accept the same runoff as the existing conditions. Following confirmation of state aid rules being met, we intend to meet with the RCWD to confirm application of its rules to our proposed project approach. Following confirmation of a workable project scope with the MSA office and RCWD while also working with city staff, Bolton & Menk would inform the city council of the findings at a work session. Based on any feedback at that work session, final design would commence toward implementation of a solution in 2022 on schedule and as intended. The above scope of services has been built into our Task 1 and Task 4 proposed efforts. It will serve as the basis for our proposed project plan and specification efforts scoped in Tasks 5 and 6. 7 1. Two, 11-foot drive lanes. Motorist speed was presented as a concern by the public. Studies have shown motorist speed more tied to road width and environmental characteristics than posted speed limit. While measures like a speed study and dynamic speed signage might be beneficial to some degree, a reduction in lane width to 11-feet would be more beneficial to address the concerns. 2. 8-foot bituminous walk (trail) on the east or west side of the roadway. While it may seem like semantics, it is noted that bituminous walks have less stringent requirements than ‘trails’ or ‘share use paths,’ as walks do not require compliance with state aid trail design standards or MN statue 8820.9995. We recommend a bituminous walk in this case, which may be functionally used by pedestrian and cycling families. 3. B618 concrete curb and gutter on the trail side of the roadway only. This will separate the trail from the roadway, with trail directly adjacent to back of curb. 4. 6-foot shoulder on the non-trail side of the road, as measured from outside the 11-foot drive lane to the bituminous pavement edge. 5. 2-foot curb reaction zone (shoulder) on the trail side, as measured from the outside of the 11-foot drive lane to the face of the installed curb to meet MN Statute 8820.9936. 6. A total proposed roadway footprint of 38.67 feet, which is a reduction of 1.33 feet as compared to the existing approximate 40-foot width identified in the feasibility report. The reduction in width would be used to raise the roadway profile to minimize the volume of reclaimed material to be hauled out and/or used to minimize impacts to the adjacent ditch slopes. Proposed Typical Section 8Project Understanding and Approach TASK 1 PROJECT COORDINATION Bolton & Menk will designate Mike Waltman as the project manager. Mike will be assisted by Brad Fisher as the project design engineer and Nick Amatuccio as the construction manager. Bolton & Menk will attend and coordinate the necessary meetings with the State Aid Office, RCWD, city staff, and city council as requested in the RFP and as laid out in the attached project schedule. It is our intent to quickly flush out and clear up any perceived loose ends from the feasibility report approval step, which will aid in cost-effective delivery of final design, keep the council informed, and reduce the potential for last minute changes at the plan approval step. City Staff Project Kickoff Meeting and Design Coordination Meetings. Bolton & Menk will conduct a kickoff meeting with city staff. At the meeting, we intend to revisit our project understanding and outline upcoming proposals to be made to the State Aid Office and RCWD. We will prepare to lead with the city’s vision during discussion with these agencies. Subsequent design coordination meetings will be held to• Review and discuss a draft technical memorandum summarizing Task 4 efforts prior to distribution to the city council for consideration• Discuss 60, 90, and 100 percent plans• Determine one additional meeting with topic/need during the course of the project development process To minimize consultant time for the city, we intend to host these meetings virtually. State Aid Coordination. Bolton & Menk will coordinate a meeting with the State Aid Office to discuss: • The intended rehabilitation scope of improvements coupled with replacement of a shoulder with a trail (as outlined and dimensioned previously)• Feedback on the design criteria the State Aid Office will review, rehabilitation versus reconstruction, or a combination thereof• Procedures and the schedule for a variance, if necessary, recognizing the contaminated soils underlying the project area Bolton & Menk will conduct a second meeting or call with the State Aid Office during the plan production process as necessary to achieve plan approvals. Rice Creek Watershed District. Fortunately, Bolton & Menk has a rich history in designing, permitting, and constructing these types of upgrades, specifically in communities throughout the RCWD. We know what the RCWD will expect from us, and they are familiar with our permitting submittal packages. This translates to effective communication, uninterrupted project schedules, and cost savings for the City of Arden Hills. Bolton & Menk will hold a meeting with the RCWD following the first meeting with the State Aid Office to discuss the proposed improvements, including estimated trench limits, proximity to the 10,000 square foot linear project pavement ‘reconstruction’ threshold/definition, and any other pertinent RCWD rules that may function as project constraints. Private Utility Coordination. While not specified in the RFP, we recognize the statutory requirement to conduct a utility coordination meeting during the design process to verify the accuracy of private utility locations identified by respective owners in the survey drawing, coordinate with private utility owners regarding any improvements they wish to complete in conjunction with the project, and discuss known or potential conflicts between proposed public infrastructure and privately owned utilities requiring relocation. We have included this scope and associated fee in our proposal to minimize potential for consultant driven contract changes later. Similarly, should private utility owners identify a different location of their buried utilities from the location originally surveyed, Bolton & Menk will re-draft the utility location based on maps provided by the utility owner for incorporation into the project plans. Drafting utilities based on plans is likely a reasonable approach given the limited public utility work on this project. We have also included these efforts in our proposed fee to minimize potential for consultant driven changes later. Should risks increase (due to likely/known conflicts with major private utilities, for example), Bolton & Menk can survey/ re-survey these private utilities for an additional fee upon city request. DATA COLLECTION AND INFORMATION REVIEW Bolton & Menk will review the documents listed in the RFP. As we are seeking to serve the City of Arden Hills well on this project and identify an appropriate direction off the bat, much of our detailed review has already been completed in preparation of this proposal. We will review any remaining documentation through the course of our related efforts described herein. PROJECT SURVEY For the bulk of the project area, Bolton & Menk will use the existing survey mapping prepared by others and provided to us by the City of Arden Hills for Old Snelling Avenue and Bussard Court. To supplement this survey, Bolton & Menk will conduct a field survey along Cummings Lane to create a base map identifying above and below ground existing features in electronic format. This base map will be used as the basis and background for final design. We will recommend a survey boundary and wait for approval by the city prior to field work. Snelling Avenue North Street and Utility Improvements | City of Arden Hills TASK 2 TASK 3 Snelling Avenue North Street and Utility Improvements | City of Arden Hills 9Project Understanding and Approach The field survey will include the following efforts • Research county information (section, maps, plats, etc.) • Research MnDOT information (such as geodetic monuments) • Submit Gopher State One Call tickets for field markings and maps along all streets, except for the reclaim portions • Prepare/calculate for field staff (property corner search points, survey collector job file, etc.) • Establish project control based on Ramsey County coordinate system, NAD 83 (2011 Adj.) with elevations based on NAVD 88 • Find field locations of existing conditions and utilities• Complete storm structure inventories on existing structures, including rim and invert elevations• Use GIS lines to approximate right- of-way lines • Complete a base map of the project area per RFP requirements An electronic base map will be created and submitted to the city for review prior to initiating design work. TASK 4 DESIGN ANALYSIS Bolton & Menk has carefully reviewed the provided project geotechnical and soil contamination related reports. We have also carefully listened to the testimony received at the public improvement hearing and written correspondence received prior to. Bolton & Menk intends to critically consider design alternatives involving replacement with a trail relative to the key, identified design constraints including state aid/ statutory requirements, RCWD rules, and cost implications of underlying contaminated soils. We intend to deliver a project design consistent with the direction interpreted from city council to city staff; to implement a trail along the corridor if feasible and cost effective. As noted previously in this proposal, we will coordinate with the appropriate agencies up front to complete this design analysis, develop a technical memorandum documenting our professional opinion regarding the design and associated estimated cost, discuss and finalize our recommendations with city staff, and present findings to the Arden Hills City Council at a work session for further discussion. Upon receipt of a desirable direction regarding the trail/shoulder design elements, Bolton & Menk will complete the project design, plans, and specifications. TASK 5 PROJECT PLANS Final design and construction plans will be completed in AutoCAD Civil 3D and developed in coordination with city staff. Plan sheets as listed in the RFP will be included. Major design components will include • Roadway alignment and width • Centerline profiles and typical section; intersection details will not be created • Cross sections at 50-foot intervals, driveways, and critical design locations identified by Bolton & Menk• Location of all existing utilities identified in the field survey or as mapped based on subsequent utility coordination• Proposed storm sewer sizing, location, and structure invert and rim elevation; details for wrapping of trenches and/or pipe will be included for consistency with the Response Action Plan (RAP) • Proposed watermain location, including valve locations and connection points, and notation regarding required removal and replacement of suspected contaminated soil per the RAP• Proposed sanitary sewer size, location, and structure invert and rim elevation• Coordination with public works staff on watermain improvements and replacements, including temporary water service considerations for the dead end portion of the water system which will be impacted • Location of proposed striping; signage changes are not proposed and will not be included—where impacted by improvements, notes to salvage/reinstall sign posts along with their associated signage will be included• Preparation of a Stormwater Pollution Prevention Plan (SWPPP)• Preparation of a construction staging plan and temporary traffic control plan, including a proposed detour to utility CR E and TH 51 for county and MnDOT approval • Preparation of statement of estimated quantities, including street, utilities, and miscellaneous construction items, all consistent with the city’s standard specifications and state aid requirements; MnDOT item designation numbers and measurement/payment requirements will be incorporated Stormwater management and erosion control design will meet RCWD permitting requirements. Upon competition of final plans, we will submit all required information to RCWD for approval. Our scope of services assumes the project will be designed such that the RCWD stormwater management trigger (less than 10,000 square feet of new or reconstructed impervious) is a design constraint. As such, we do not anticipate nor does our scope of services include design of volume control, water quality, and rate control practices. Bolton & Menk will provide plan submittals at 60 and 90 percent for city review prior to submitting the final plans for bidding. Using past bid information from the City of Arden Hills and other nearby metro communities—as well as current contractor pricing, overall city knowledge, local contractors, and site conditions—we will prepare an opinion of probable construction cost. Electronic and hard copies of the opinion of probable cost will be Snelling Avenue North Street and Utility Improvements | City of Arden Hills 10Project Understanding and Approach provided to the city and be used for bidding and assessment purposes. We will prepare permit applications, secure city signature, and submit to governing agencies including the Minnesota Department of Health, RCWD, Ramsey County right-of-way, MnDOT right-of-way, and the MPCA for the NPDES stormwater permit. Permit fees will be paid for by the city and are not included in our proposed fees. TASK 6 PROJECT MANUAL/ SPECIFICATIONS Bolton & Menk will work with city staff to prepare the project manual and specifications for bidding and construction purposes. Documents will include • Standard front-end documents provided by the city and edited by Bolton & Menk for project specifics • Special provisions and technical specifications for project-specific items of work We will provide specification submittals at 60 and 90 percent for city review, prior to submitting the final specifications for bidding. Three final paper copies and a PDF digital copy of the plans and specifications will be provided to the city for bidding. The RAP prepared by others will be incorporated into the project manual. Direction from the RAP, the MPCA approval, and related content from WSB correspondence with former Public Works Director Blomstrom will be incorporated into the project as specifications for contaminated soils mitigation. TASK 7 PUBLIC ENGAGEMENT Bolton & Menk will engage the public and provide a forum for valuable project discussion. We will work with city staff to hold one public informational meeting during the design process to identify key project issues and concerns from residents and businesses. We are prepared to conduct in-person, virtual, or hybrid meetings. Bolton & Menk will also conduct a meeting with the public prior to the start of construction. This meeting will focus on what to expect during the construction process, schedule, access, and impacts. Of particular note, the construction presentation will discuss the construction staging plan and estimated duration, access considerations during the watermain construction, and what residents may see (and smell from the soils) during construction to plant the seeds of what they can anticipate in advance. Bolton & Menk will develop and bring all meeting materials, including presentations, boards, and sign-in sheet. At least two Bolton & Menk representatives will attend, including a communication specialist to function as a greeter, help provide access to the city’s project website, and provide meeting format direction to residents. TASK 8 BIDDING ASSISTANCE Bolton & Menk will prepare the advertisement for bids for the city to send to required publications. We will also provide plans and specifications for electronic distribution to Quest CDN by the city. Bolton & Menk will answer all written and verbal questions from potential bidders. If necessary, we will issue an addenda to address project- related questions during bidding. We will attend the bid opening, tabulate bids, and prepare the letter of award recommendation. It is noteworthy that the City of Arden Hills received exceptional bids on its 2021 PMP project. Sixty-one bidders collected plans from Bolton & Menk/ Quest CDN for that project. Bolton & Menk, including this specific proposed project team, is well respected by contractors in the industry for having constructable improvements. We will carefully monitor the list of plan holders and gauge the market during the bidding process to best position the City of Arden Hills for bottom line success. TASK 9 CONSTRUCTION ADMINISTRATION Bolton & Menk will assist the city through the construction phase by providing construction administration and observation services. We feel our practical and pragmatic approach during design is built from our team’s thorough understanding and background working on the construction phase of projects. As such, we excel in this area. Nick Amatuccio will plan and lead the project's pre-construction meeting and review shop drawings as they are submitted by the contractor. Our survey crew will complete the following tasks during construction • Control verification • Staking watermain replacement • Staking storm sewer (assume 10 structures and pipe runs) • Staking curb along the proposed trail We will provide on-site construction observation throughout the project. Our scope of services assumes construction will take 12 weeks via an assumed two construction phases. We propose to have a construction observer on-site. It is expected that part-time observation, 30 hours per week, will be needed during the project. Bolton & Menk’s construction observer will observe the work performed by the contractor per the project plans and specifications, make notations for as-built purposes where acceptable deviations are made by the contractor, and produce required documentation for this locally funded project. This individual will also handle communication and questions from residents, and they will relay information between the contractor and the city as necessary. The observer will also coordinate materials testing with a testing agency provided by the city and Snelling Avenue North Street and Utility Improvements | City of Arden Hills 11Project Understanding and Approach prepare punch lists after a final project inspection. Bolton & Menk’s construction observer will be available via phone, email, and text to respond to resident needs throughout construction. Our project team will provide updates and notices as necessary for water shutdowns and access restrictions, making sure residents have access when possible and when needed. We will also respond to commonly-asked questions and requests during the construction process. Nick will provide oversight of our construction observer, administer the construction contract, and facilitate weekly construction meetings. It is anticipated that Nick will spend approximately 10 hours per week on construction manager responsibilities. He will conduct weekly construction meetings virtually with the contractor, prepare progress payments monthly, and prepare change order documents as necessary. Bolton & Menk will provide as-built record drawings to the city for the project. The as-builts will be in PDF form, including redlined elevations and changes made during the construction process and documented by the construction observer during their part- time duties or received separately from the city’s contractor. Anticipated Project Schedule We have developed a schedule detailing the anticipated work tasks, task relationships, deliverable due dates, and completion dates. This schedule is based on our review of the project background, description, and scope of services included in the RFP and our experience on other similar projects. Upon selection, Bolton & Menk will work with city staff and other project partners to revise and update this schedule as needed to ensure successful delivery of this project. Month 1.0 Project Coordination 1.1 Project Kickoff Meeting with City Staff 1.2 Up to Five Design Coordination Meetings with City Staff 1.3 Two Meetings/Calls with State Aid Staff 1.4 One Meeting with RCWD Staff 1.5 Up to Four City Council Meetings and/or Work Sessions 1.6 Design Phase Utility Coordination Meeting 2.0 Data Collection and Information Review 2.1 Review of all Documents Listed Under Task 2 in the RFP 3.0 Project Survey 3.1 Cummings Lane Project Corridor Survey 3.2 Drafting 4.0 Design Analysis 4.1 Review Task 2 Date w/Field Observations 4.2 Review Recommended Scope and Estimates 4.3 Prepare Technical Memorandum per RFP Criteria 4.4 Review Technical Memo with City Staff 5.0 Project Plans 5.1 60% Plans, OPC, and Specifications 5.2 90% Plans, OPC, and Specifications 5.3 100% Plans, OPC, and Specifications 5.4 Permitting Submittals 6.0 Project Manual/Specifications 6.1 Edit Front End Docs and Create Special Provisions 6.2 60%/90% Submittals 6.3 Final Submittal 7.0 Public Engagement 7.1 Design Public Information Meeting 7.2 Pre-Construction Public Informational Meeting 8.0 Bidding Assistance 8.1 Bid Documents Posted on Quest CDN 8.2 Bidding Questions and Addenda 8.3 Bid Opening 8.4 Award of Project 9.0 Construction Administration 9.1 Pre-Con Meeting and Shop Drawing Review 9.2 Construction 9.3 Punch List and Clean Up 9.4 Record Drawings and As-Built Survey Snelling Avenue North Street and Utility Improvements City of Arden Hills November 2021-2022 FebruaryAugustSeptemberOctober March April May - OctoberNovemberDecemberJanuary 11 Snelling Avenue North Street and Utility Improvements | City of Arden Hills 12Project Understanding and Approach Project Considerations Map Siems CtdR nedranelGArden Pl Tiller Ln Skiles Ln Forest Ln rD eerT eniPN tS palnuDRidgewood RdLametti Ln Bussard CtOak AveCannon AveGlenarden CtW Edgewater AveRidgewood CtN evA enilmaHrD skaO nedrAtS yllennoCCa r l t o n D rnL selikSArden Pl Snelling AveSnel l ing Ave N Lake Johanna Lake Josephine GÖ GoG» Freeway Park Lindey's Park Crepeau Nature Preserve Maxar, Microsoft 100’ of Bussard Court Street Reconstruction Replacement of non-redundant (critical) water main segment. Bolton & Menk proposes trenchless replacement to minimize contaminated soils encountered and costs. Existing worn path in turf and desired future trail connection Potential future intersection improvements with Ramsey County. Multiple pedestrian route connections at this intersection. Existing curb/gutter for spot replacement. A trail could be added atop/behind this curb. Pavement reclamation and resurfacing of Cummings Lane Replacement of drainage structure and effluent storm pipe. Delineation and permitting of likely incidental wetland impacts proposed. Pavement reclamation and resurfacing of Old Snelling Road proposed. Bolton & Menk proposes to further evaluate and intends to implement a trail in lieu of one pavement shoulder, while meeting State Aid requirements and avoiding RCWD stormwater management triggers. See page 7 for more details. Sanitary sewer main replacement at Skiles Lane. Bolton & Menk to evaluate trenchless methods of improvement to minimize contaminated soils related cost risks. Coordinate detour route and signage with Ramsey County and MnDOT Legend Project Corridor Bus Route Bus Stop Existing Trail/Path Snelling Avenue North Street and Utility Improvements | City of Arden Hills SUMMARY OF FEES The following table summarizes the hours and cost breakdown for each major work task item. The estimated fee includes labor, general business, and other normal and customary expenses associated with operating a professional business. Unless otherwise noted, the fees include vehicle and personal expenses, mileage, telephone, survey stakes, and routine expendable supplies; no separate charges will be made for these activities and materials. Expenses beyond the agreed scope of services and non-routine expenses, such as large quantities of prints, extra report copies, out-sourced graphics and photographic reproductions, document recording fees, outside professional and technical assistance, and other items of this general nature will be invoiced separately. Client: City of Arden Hills Project: Snelling Avenue North Street and Utility Improvements Task No.Work Task Description Project Manager / Principal-in-ChargeProject EngineerSenior Trenchless Utilities EngineerEngineering TechnicianConstruction ManagerConstruction ObserverSurvey ManagerSurvey TechnicianSurveyorWetland SpecialistAdmin/CoordinationTotal Hours Total Cost 1.0 Project Coordination 24 24 0 0 0 0 0 0 0 0 8 56 $8,672 2.0 Data Collection and Information Review 0 4 0 0 0 0 0 0 0 0 0 4 $580 3.0 Project Survey 0 0 0 0 0 0 10 12 40 24 0 86 $11,864 4.0 Design Analysis 8 49 0 40 0 0 0 0 0 0 0 97 $13,585 5.0 Project Plans 20 74 4 320 0 0 0 0 0 0 32 450 $58,158 6.0 Project Manual/Specifications 8 40 2 0 0 0 0 0 0 0 48 98 $12,152 7.0 Public Engagement 4 4 0 4 4 4 0 0 0 0 8 28 $3,616 8.0 Bidding Assistance 0 5 0 0 0 0 0 0 0 0 30 35 $3,545 9.0 Construction Administration 16 0 0 0 140 392 6 12 108 0 4 678 $87,684 Total Hours 80 200 6 364 144 396 16 24 148 24 130 1532 Average Hourly Rate $185.00 $145.00 $180.00 $125.00 $149.00 $112.00 $172.00 $106.00 $160.00 $103.00 $94.00 Subtotal $14,800 $29,000 $1,080 $45,500 $21,456 $44,352 $2,752 $2,544 $23,680 $2,472 $12,220 $199,856 Detailed Cost Estimate Total Fee Bolton & Menk, Inc. Project Name City of XXX, Minnesota Section X - Page X Bolton & Menk will provide the scope of services as described for an estimated fee of $199,856. Tasks 1 through 8 show hourly, not-to-exceed fees; Task 9 is an estimated hourly fee, but we understand the construction schedule and needs will dictate the exact time necessary for this task. We will bill work following our standard hourly billing rates and if we anticipate that we might exceed our estimate at the start of construction based on factors out of our control, we will reevaluate the estimated hours with the city to set expectations throughout the remainder of construction. The estimated hours for construction administration in this proposal are based on the minimum amount of time to inspect and manage the work throughout the season. These hours do not account for items outside of our control including, but not limited to, excessive resident needs/interactions, incompetent contractors, existing site conditions that are unknown at this time, delays due to weather, contractor’s schedule, etc. The construction observation/inspection hours are anticipated to be part-time for certain aspects of this project, including street work, but the level of service can be increased to provide full-time observation at the hourly rates listed in the table above. Page 1 of 2 DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Authorization to Begin Recruitment Process for a Building Official Budgeted Amount: Estimated Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Authorizing staff to begin the recruitment process for a Building Official. All items need a simple majority for action unless otherwise noted. Background The City currently has a vacancy for a Building Official, the City Council is asked to allow staff to being the recruitment process for the position. Anticipated process: -Council approves authorization to begin the recruitment process -Staff posts for the position and reviews candidates -Staff reviews applications and selects interview candidates -Staff will conduct a first round of interviews and select final round candidates -Staff will conduct a final interview. -Staff will bring forward a finalist for official Council approval Councilmembers have previously expressed an interest in being part of the interview panel for certain positions at City Hall, currently no Councilmembers are slated to be on the interview panel for this position; should Council want to designate Councilmembers to attend they should do so with this authorization (it would need to be pulled from consent and approved). CONSENT – 6D MEMORANDUM Page 2 of 2 Budget Impact This position will not adversely affect the 2021 budget as it is replacing a previously budgeted position. Attachments N/A Page 1 of 2 CONSENT ITEM – 6E MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Consulting City Planner SUBJECT: PC20-010 – Consent and Recognition Agreement with Scannell Properties Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: x The Consent and Recognition Agreement for the Master Planned Unit Development Agreement with Scannell Properties based on the City Council approval of Planning Case 20-010 on October 12, 2020. All items need a simple majority for action unless otherwise noted. Background At its February 8, 2021 meeting the City Council approved a Development Agreement for the Master Planned Unit Development, Conditional Use Permit, Site Plan and Preliminary/Final Plat for Scannell Properties. The Master Plan PUD Agreement allowed the subdivision of the subject parcel into two (2) new lots of record and permitted the construction of a 250,000 square foot office and warehouse facility. The approved Master PUD Agreement has been signed and recorded (Attachment B). The Developer recently requested the City approve and sign a Consent and Recognition Agreement (Attachment C). The agreement essentially states that the City consents to the loan and should the developer default under the loan, the City will recognize the lender as the Developer so the lender can complete the project. The City Attorney has reviewed the proposed Consent and Recognition Agreement. He notes this type of agreement serves as a preapproval for the lender to take over the project should the Page 2 of 2 original developer default, and it is not unusual for larger, multi-phased projects. One of the advantages of the agreement is it offers additional certainty of process upon default, and includes the financier in the team of people involved in completion of the contract as guarantor or watchdog. Disadvantages may include it adds another player for staff to potentially have to inform or deal with, the lack of previous contact or knowledge of the financier may pose challenges, and the unknown expertise of the financier in operational development matters, and remote location may complicate matters. With that in mind, the City Attorney does not have any concerns with Council signing the agreement as drafted, primarily because the project is not a multi-phased project and includes the construction of a single building. Options and Motion Language Staff has provided the following motion language for this case. 1. Recommend Approval: Motion to approve the Consent and Recognition Agreement for Scannell Properties based on the City Council approval of Planning Case 20-010 on October 12, 2020. 2. Recommend Denial: Motion to deny the Consent and Recognition Agreement for Scannell Properties based on the City Council approval of Planning Case 20-010 on October 12, 2020. The City Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 3. Table: Motion to table the Consent and Recognition Agreement for Scannell Properties based on the City Council approval of Planning Case 20-010 on October 12, 2020. Budget Impact NA Attachments A. Location Map B. Master Planned Unit Development Agreement C. Consent and Recognition Agreement T„0V(`5 CE…` sSFdŠ9151?x|5:!|5d.8wv„5„ke›"g1G„ fl‹#@$U_y6/mz263a$tn{ˆ‘ƒ™6 D6Hœm;~36jKZ[††A%  gl‹*6UI&,]>r| hš3Oa @6l|oVPb W&€M64’6^$pp—}“š $˜$X\+QJ”‡7q|cY ’‰l<‹B6R=n€c$ŠNmiC7~6Liu”‚‡•)Œ‹l ‹'‹–7 –-Ž        Attachment A $WWDFKPHQW% GDC DRAFT 6/15/21 CONSENT AND RECOGNITION AGREEMENT THIS CONSENT AND RECOGNITION AGREEMENT (this “Agreement”) is made as of [______], 2021 by and among SCANNELL PROPERTIES #486, LLC, a Delaware limited liability company (“Borrower”), having its principal place of business at 8801 River Crossing Boulevard, Suite 300, Indianapolis, Indiana 46240, KREOCS LENDING II LLC, a Delaware limited liability company (“KREOCS Lender”) and KREF LENDING III LLC, a Delaware limited liability company (“KREF Lender”, together with KRECOS Lender and each of their respective successors and assigns, collectively, “Lender”), each having an address at 30 Hudson Yards, Suite 7500, New York, New York 10001 and CITY OF ARDEN HILLS, a Minnesota municipal corporation (“City”), having an address at 1245 West Highway 96. Arden Hills, Minnesota, 55112. RECITALS: A. Pursuant to that certain Development Contract and Planned Unit Development Agreement, dated as of February 8, 2021 and recorded on April 28, 2021 as Document No. A04880171 in the Office of the County Recorder Ramsey County, Minnesota, between Borrower and City (as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time accordance with the terms hereof and of the Loan Agreement, the “Development Agreement”) (a true and correct copy of such Development Agreement is attached hereto as Exhibit A), City agreed to permit Borrower to develop the property more particularly described on Exhibit B hereto (the “Subject Property”) on the terms and conditions set forth therein. B. Borrower has entered into that certain Facility Credit Agreement, dated as of [___], 2021 (as the same may be amended, restated, supplemented or otherwise modified from time to time, including amendments and restatements thereof in its entirety, being hereinafter referred to as the “Facility Credit Agreement”), by and among (i) Lender, in its capacity as “Lender” thereunder, and (ii) Borrower and certain Affiliates of Borrower, each in its capacity as a “Borrower” thereunder, pursuant to which Lender has agreed to make a loan (the “Loan”) to Borrower secured by, among other things, that certain Mortgage, Assignment Of Leases and Rents, Security Agreement And Fixture Filing, dated as of the date hereof, made by Borrower for the benefit of Lender (as the same may be further amended, restated, replaced, supplemented or otherwise modified from time to time, collectively, the “Mortgage”), encumbering, as a mortgage lien thereon, the Subject Property and the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter located on the Subject Property; C. Lender requires as a condition to the making of the Loan, the execution and delivery of this Agreement by the parties thereto. AGREEMENT For good and valuable consideration the parties hereto agree as follows: Attachment C -2- 1. Consent to Financing. City hereby consents to the Loan from Lender to Borrower and the liens created by the Mortgage and the other loan documents entered into between Borrower and Lender (collectively, the “Loan Documents”). City acknowledges and agrees that if Lender or any of Lender’s successors and/or assigns under the Loan Documents shall succeed to the rights of the Borrower under the Development Agreement upon any foreclosure of the lien of the Mortgage with respect to the interest of the Borrower in the Subject Property (or other exercise of its rights and remedies under the Mortgage), then the City shall recognize the rights of Lender or such successor and/or assign, as applicable, and the Development Agreement shall continue in full force and effect as, or as if it were a direct agreement between Lender or such successor and/or assign, on the one hand, and the City, on the other hand, upon all of the terms, covenants, provisions and conditions set forth in the Development Agreement. Such recognition will be effective and self-operative without the execution of any further instrument. In no event shall Lender or any Subsequent Owner (defined below) be responsible for any representations or warranties, fees, costs, reimbursements, termination fees or other charges, expenses, indemnifications, or loans or advances or other amounts that were owed by Borrower to City and/or any of its Affiliates or were the obligation of Borrower, as the case may be, under the terms of the Development Agreement prior to the assumption of the Development Agreement by Lender and/or any Subsequent Owner. 2. Estoppel. City represents and warrants to Lender and Subsequent Owner (as defined herein) that (a) the Development Agreement attached as Exhibit A hereto is a true, complete and final copy of such contract, is in full force and effect, and has not been modified, amended or assigned other than pursuant to this Agreement, (b) neither Borrower nor, to City’s knowledge, City is in default under any of the terms, covenants or provisions of the Development Agreement and City knows of no event which, but for the passage of time or the giving of notice or both, would constitute an event of default under the Development Agreement, (c) neither City nor, to City’s knowledge, Borrower has commenced any action or given or received any notice for the purpose of terminating the Development Agreement, (d) all sums due and payable to the City under the Development Agreement as of the date hereof (including, without limitation, all fees due under Sections 19, 21, 22, 23, 25 and 26, 28, 29 and 30 of the Development Agreement) have been paid in full, (e) the conditions set forth in Section 3 of the Development Agreement have been satisfied in full (including, without limitation, the City’s Administrator’s issuance of a letter that the Borrower may proceed with the Development of the Subject Property),1 (f) the City has approved the Plans (as defined in the Development Agreement) in accordance with the Developmen t Agreement, and (g) Borrower has otherwise satisfied all of the conditions precedent to the Development of the Subject Property in accordance with the Development Agreement. City shall, at any time and from time to time upon not less than ten (10) business days’ prior written notice from Lender, execute, acknowledge and deliver to Lender, or to any third party specified by Lender, a statement in writing: (a) certifying (i) that the Development Agreement is unmodified and in full force and effect (or if there have been modifications, that the same, as modified, is in full force and effect and stating the modifications), (ii) the date through which the fees due under the Development Agreement have 1 NTD: Please provide a copy of such letter. -3- been paid and the amount of fees due and outstanding on the date of such certification; (b) stating whether or not (i) there is a continuing default by Borrower in the performance or observance of any covenant, agreement or condition contained in the Development Agreement, or (ii) there shall have occurred any event that, with the giving of notice or passage of time or both, would become such a default, and, if so, specifying each such default or occurrence of which City has knowledge; and (c) containing such other statements as reasonably requested by Lender. Such statements shall be binding upon City and may be relied upon by Lender, Subsequent Owner (defined below) and/or such third party specified by Lender as aforesaid. 3. Agreement by Borrower and City. Borrower and City hereby agree that upon the occurrence of any default by Borrower under the Development Agreement during the term of this Agreement or upon the occurrence of any event which would entitle City to terminate, or cause the termination of, the Development Agreement, City shall not exercise such right unless it has provided simultaneous written notice of such act or omission to Lender, and until thirty (30) days (or, if thirty (30) days is not a sufficient amount of time to cure such default, and provided that Lender has commenced curing such default (including, but not limited to, by commencing foreclosure proceedings), such longer period of time that Lender requires to cure such default (provided that Lender continues to pursue such cure)) shall have elapsed following the later of (x) the giving of such notice or (y) the applicable cure period available to Borrower under the Development Agreement, during which period Lender may cure any such default, and City and Borrower shall accept such action by Lender as a cure of such default. Notwithstanding anything to the contrary contained herein, in no event shall Lender or any Subsequent Owner, upon or after a foreclosure or other exercise of remedies on the Mortgage ever be required to cure any default of Borrower under the Development Agreement, nor indemnify City (regardless of what the terms and provisions of the Development Agreement require) for any loss, expense or damage arising at any time out of (including on a going forward basis) (i) City’s illegal or fraudulent acts or willful misconduct, (ii) City’s breach of the Development Agreement or any other contract, or (iii) any consequential, punitive or liquidated damages asserted by City. “Subsequent Owner” shall mean any party that becomes owner of the Property (or any part thereof) as a result of a Foreclosure Event (together with any successors or assigns thereof), including, without limitation, (A) Lender, (B) any purchaser of the Property (or any part thereof) from Lender, (C) any purchaser of the Property (or any part thereof) at a foreclosure on the Mortgage, or (D) any court appointed receiver of the Property (or any part thereof). “Foreclosure Event” means: (a) foreclosure under the Mortgage, whether by judicial action or pursuant to nonjudicial proceedings; (b) any other exercise by Lender of rights and remedies (whether under the Mortgage or under applicable Law, including bankruptcy law) under the Mortgage and/or the other Loan Documents, as a result of which a new person or entity becomes the direct or indirect owner of the Property; or (c) delivery by Borrower to Lender (or its designee or nominee) of a deed or other conveyance of Borrower’s interest in the Property in lieu of any of the foregoing. Lender, shall have the right to retain possession of and use any applicable surveys, plan, specifications and other documents provided by City or its agents. 4. Conflicts. City hereby agrees that, notwithstanding any provision to the contrary set forth herein or in the Development Agreement, in the event of any inconsistency or conflict between the terms and conditions contained in this Agreement and those contained in the Development Agreement, the terms and conditions of this Agreement shall govern and control. -4- 5. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. 6. Notices. City agrees that all notices sent by City to Borrower under and in accordance with the Development Agreement shall be simultaneously sent to Lender at Lender’s address set forth below. All notices, demands, requests, consents, approvals or other communications (any of the foregoing, a “Notice”) required, permitted, or desired to be given under this Agreement shall be in writing sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by hand or reputable overnight courier addressed to the party to be so notified at its address hereinafter set forth, or to such other address as such party may hereafter specify in accordance with the provisions of this Section 6. Any Notice shall be deemed to have been received: (a) three (3) days after the date such Notice is so mailed, (b) on the date of delivery by hand if delivered during business hours on a Business Day (otherwise on the next Business Day), and (c) on the next Business Day if sent by an overnight commercial courier, in each case addressed to the parties as follows: If to Lender: KREOCS LENDING II LLC KREF LENDING III LLC 30 Hudson Yards, Suite 7500 New York, New York 10001 Attention: Christopher Lee (Legal) KREOCS LENDING II LLC KREF LENDING III LLC 30 Hudson Yards, Suite 7500 New York, New York 10001 Attention: Patrick Mattson with a copy to: Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, New York 10166 Attention: Victoria Shusterman, Esq. If to Borrower: Scannell Properties #486, LLC 8801 River Crossing Boulevard, Suite 300 Indianapolis, Indiana 46240 Attention: Jeffrey Cromer, Counsel with a copy to: -5- Bose McKinney & Evans LLP 111 Monument Circle, Suite 2700 Indianapolis, Indiana 46204 Attention: Bryan B. Woodruff, Esq. If to City: City Administrator City of Arden Hills 1245 West Highway 96 Arden Hills, Minnesota 55112. Any party may change the address to which any such Notice is to be delivered by furnishing ten (10) days’ written notice of such change to the other parties in accordance with the provisions of this Section 6. Notices shall be deemed to have been given on the date as set forth above, even if there is an inability to actually deliver any such Notice because of a changed address of which no Notice was given, or there is a rejection or refusal to accept any Notice offered for delivery. Notice for any party may be given by its respective counsel. Additionally, Notice from Lender may also be given by Servicer and Lender hereby acknowledges and agrees that Borrower and City shall be entitled to rely on any Notice given by Servicer as if it had been sent by Lender. 7. No Oral Change. This Agreement may not be modified, amended, waived, extended, changed, discharged or terminated orally or by any act or failure to act on the part of Borrower, Lender or City, but only by an agreement in writing signed by the party against whom enforcement of any modification, amendment, waiver, extension, change, discharge or termination is sought. 8. Liability. This Agreement shall be binding upon and inure to the benefit of Borrower, City and Lender and their respective successors and assigns forever. Lender shall have the right to assign or transfer its rights under this Agreement in connection with any assignment of the Loan and the Loan Documents. Any assignee or transferee of Lender shall be entitled to all the benefits afforded to Lender under this Agreement. 9. Termination. Upon the indefeasible payment in full of the Loan, this Agreement and all of Lender’s right, title and interest hereunder with respect to the Development Agreement shall terminate. 10. Miscellaneous. (a) Inapplicable Provisions. If any term, covenant or condition of this Agreement is held to be invalid, illegal or unenforceable in any respect, this Agreement shall be construed without such provision. -6- (b) Headings, etc. The headings and captions of various paragraphs of this Agreement are for convenience of reference only and are not to be construed as defining or limiting, in any way, the scope or intent of the provisions hereof. (c) Duplicate Originals, Counterparts. This Agreement may be executed in any number of duplicate originals and each duplicate original shall be deemed to be an original. This Agreement may be executed in several counterparts, each of which counterparts shall be deemed an original instrument and all of which together shall constitute a single Agreement. The failure of any party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the other signatories from their obligations hereunder. Any signature on a copy of this Agreement or any document necessary or convenient thereto sent by facsimile, or by PDF, shall be binding upon transmission by facsimile, or by PDF, and the facsimile or PDF copy may be utilized for the purposes of this Agreement. The words “execution,” signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, “pdf”, “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). Notwithstanding the foregoing, unless otherwise agreed to by Lender, in its sole discretion, the signatures of Borrower and City to this Agreement shall be in the form of an image of its manually executed signature transmitted by facsimile or other electronic format (including, without limitation, “pdf”, “tif” or “jpg”) or an electronic signature executed through DocuSign. The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act and Records Act and any other applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code. Each of Borrower and City hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of the signature, and hereby agree that such electronically transmitted or signed signatures shall be conclusive proof, admissible in judicial proceedings, of the parties’ execution of this Agreement. (d) Defined Terms. Any capitalized terms not otherwise defined herein shall be defined as set forth in the Development Agreement. [NO FURTHER TEXT ON THIS PAGE] [Signature Page to Consent and Recognition Agreement] IN WITNESS WHEREOF, the undersigned have executed this Agreement under seal as of the date and year first written above. BORROWER: SCANNELL PROPERTIES #486, LLC, a Delaware limited liability company By: Scannell Holdings SP 486, LLC, a Delaware limited liability company, its Sole Member By:________________________________ Name: Marc D. Pfleging Title: Manager [SIGNATURES CONTINUE ON FOLLOWING PAGE] [Signature Page to Consent and Recognition Agreement] LENDER: [TBD SIGNATURE BLOCK] [SIGNATURES CONTINUE ON FOLLOWING PAGE] [Signature Page to Consent and Recognition Agreement] CITY: CITY OF ARDEN HILLS By: ________________________ David Grant, Mayor By: Dave Perrault, City Administrator [Signature Page to Consent and Recognition Agreement] EXHIBIT A Development Agreement (Attached) [Signature Page to Consent and Recognition Agreement] EXHIBIT B Subject Property Page 1 of 1 CONSENT ITEM – 6F MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Accept Building Inspector Resignation Budgeted Amount: Actual Amount: Funding Source: $N/A $N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Acceptance of the Building Inspector’s, Terry Hagstrom, resignation with a last day of July 8th. All items need a simple majority for action unless otherwise noted. Background Terry Hagstrom submitted his resignation with a final day of July 8th. Budget Impact N/A Attachments N/A Page 1 of 6 PUBLIC HEARING – 8A MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Planning Consultant, Bolton & Menk SUBJECT: Planning Case # 21-014 – Public Hearing Required Applicant: Lifelong Wealth Advisors, represented by U+B Architecture and Design, Inc. Property Location: 1150 County Road E Request: Master Plan Planned Unit Development, Final Planned Unit Development Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider the Following: Hold the required public hearing for Planning Case 21-014 for an application for a Master Plan Planned Unit Development and Final Planned Unit Development for a project located at 1150 County Road E (“Subject Property”). The City Council will be asked to make a formal decision regarding the application under Agenda Item 9A. Background 1. Proposal and Use: The proposed development site is located at 1150 County Road E, is approximately 0.64 acres in size and is currently vacant. The property owner is Arden Plaza, LLC, managed by Wellington Management. U+B Architecture and Design, Inc., on behalf of Lifelong Wealth Advisors has submitted an application for a Master Plan Planned Unit Development. The Applicant is requesting to construct a single story 5,600 square foot building with associated parking lot. 2. Previous City Council Review The City Council discussed this project at a Work Session on May 17, 2021. Minutes from the meeting is included in Attachment K. A Master Plan PUD for Arden Plaza was approved in 2009. The original plan included 4 new buildings. Subsequent amendments reduced the number of new buildings to 3: Walgreens, the Tavern Grill, and a future building on Lot 2. In 2016, the City Council approved an amendment to Page 2 of 6 the PUD to allow a neighborhood medical clinic on Lot 2, but the clinic chose not to build on the site. Plan Evaluation A PUD proposal shall identify any requested modifications from the applicable zoning requirements as well as the reasons why the modifications would be in the public interest and would be consistent with the purpose of the underlying B-2 District. Modifications to these requirements may be granted by the City without a variance through the PUD process. A full evaluation of the proposal was presented to the Planning Commission on June 9, 2021. The memo to the Planning Commission on this case is provided in Attachment I. Draft minutes from the meeting are included in Attachment J. 1. Chapter 13, Zoning Code Review A. B-2 District Provisions – Meets Requirements Under the 2040 Comprehensive Plan, this site is guided as Community Mixed Use (CMU) on the land use plan and is zoned B-2. The Subject Property is falls within the Guiding Plan for the B-2 District. This includes a long-term vision for the future redevelopment of this corridor and addresses transportation issues, land uses, infrastructure improvements, landscaping, pedestrian facilities, building design, and site layout among other issues. While the primary uses along this Page 3 of 6 corridor are likely to remain retail, commercial, and office, the Guiding Plan and subsequent land use changes add the possibility for multi-family residential housing in this area. The proposed plans are attached as Attachment C. The table below provides the performance standards for the B-2 District and the preliminary anal ysis for the proposed development: The table below provides the performance standards for the B-2 District and the preliminary analysis for the proposed development: Ordinance Requirements B-2 District Standards Proposed Development Maximum Floor Area Ratio (FAR) 0.8 Approx. 0.56 Maximum Building Height 50 feet 17 feet Maximum Structure Coverage 45% 19.9% Minimum Landscape Lot Area 20% 32.0% Minimum Front Yard Setback 20 feet 45.58 feet Minimum Rear Yard Setback 20 feet Complies – greater than 20 feet Minimum Side Yard Setback 10 feet (min)/20 feet (total) 11.06 feet (West) & 18.98 feet (East) Minimum Parking Requirements 23 total stalls 20 total stalls Building Positioning 50% constructed at the front setback line 0% Building Façade 50% transparency at front 37% Building Materials 75% brick, tile, natural stone, decorative concrete, transparent glass or any combination thereof 100% patterned cement rainscreen, anchored stone masonry veneer, and transparent glass. Planting Islands 150 square feet with at least 1 tree Approximately 100 square feet with only grasses and other plantings A. Landscaping and Tree Preservation – Meets Requirements The Zoning Code lists several criteria for landscaping and tree preservation, including minimum caliper inches, tree mitigation, street frontage, perennials and shrubberies, planting islands and tree selection. The specifics of these are discussed more fully in the Planning Commission report. B. Drainage, Wetlands and Flood Plain – Meets Requirements The city code requires stormwater management be provided to meet water quantity, infiltration, and water quality requirements. The application identifies the construction of a stormwater pond located to the north of the building. Prior to the issuance of a land disturbance permit, the Applicant shall submit an operation and maintenance plan for the long-term care of all on-site and off-site stormwater facilities. C. Lighting – Meets Requirements The applicant is proposing one light pole in the planting island in the center of the parking lot and 15 wall mounted lights near the entrances of the building. Section 1325.05 Subd. 3 states cast light shall not exceed a meter reading of one foot candle on the travel lanes of adjoining public streets or 0.4 foot candles on adjoining residential property. The proposed lighting plan does not exceed 0.4 foot candles at any property line. D. Screening and Fencing – Meets Requirements The mechanical equipment for the building will be located on the roof and will be screened from view. The applicant is proposing screening to match exterior material colors. Page 4 of 6 E. Additional Design Standards in the B-2 District - Section 1325.05, Subd. 8 Building Positioning – Flexibility Requested The applicant is requesting flexibility of design requirements for the B-2 District. The Applicant is proposing to situate the building on the North side of the parcel with the front of the building facing south, away from County Road E. Section 1325.05 Subd. 8, E of the Arden Hills City Code states “at least fifty percent (50%) of the largest building on each site shall be constructed at the front setback line.” The applicant is requesting flexibility on this requirement, as they are not proposing to place the building at either the 20 foot setback line from County Road E or the setback line from the internal property line facing Arden Plaza. Building Elevations – Flexibility Requested The Applicant is requesting flexibility on Commercial Façade Transparency. Section 1325.05 Subd. 8, F of the City Code states fifty percent (50%) of all first level building facades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. The proposed north elevation, facing County Road E, has 37% windows. As these spaces are offices and a conference room that require some level of privacy, the Applicant is requesting flexibility to allow 37% transparency. Section 1325.05 Subd. 8, D of the City Code requires at least seventy-five percent (75%) of the exterior building materials be of brick masonry, tile masonry, natural stone, decorative concrete plank, transparent glass or any combination thereof. The majority of the proposed elevations will be constructed out of patterned cement rainscreen, anchored stone masonry veneer, and transparent glass. Page 5 of 6 Trash Pick Up – Meets Requirements The Applicant is proposing a dual bin trash enclosure, situated at the Northeast corner of the parking lot. Section 1325.05 Subd. 8, K requires trash and recycling equipment, materials, and containers to be fully enclosed and integrated into the architecture of the building. The two trash bins will be enclosed using Burnished Block. Pedestrian and Bicycle Circulation – Meets Requirements Section 1325.05 Subd. 8, P states new building construction shall include construction of a minimum of six (6) foot concrete sidewalk adjacent to or in all right-of-way. The sidewalks on the north and west sides of the property are eight (8) foot concrete paths that conform to zoning requirements, and these will remain in place. The existing trial on the south side of the property is a five (5) foot bituminous pavement trail and does not conform to zoning requirements. The applicant is proposing to replace this trail with a (6) foot concrete sidewalk. Page 6 of 6 The Applicant is proposing a bicycle rack northwest of the proposed parking lot. The proposed bike rack conforms to zoning requirements in Section 1325.05 Subd, 8, Q. Parking – Flexibility Requested The applicant is requesting flexibility of parking requirements. Parking will be located south of the proposed building. Section 1325.06 of the City Code requires 1 parking stall for each 250 square feet of gross floor area for a business & professional office. The proposed building will be 5,600 square feet, meaning 23 parking stalls are required. The applicant is proposing 20 parking stalls, with proof of parking for an additional 3 stalls indicated. These 3 stalls could be added in the future by reconfiguring the southwest corner of the site and parking lot. F. Sign Code – Meets Requirements This property is located in Sign District 4. Section 1240.02 of the City Codes states that the total sign copy area in District 4 shall be a maximum of 50 square feet and allows wall signs to be externally lit, internally lit, or backlit. The Applicant is proposing two wall signs on the South and North elevations of the building. Both proposed signs are less than 25 square feet in area and will be backlit. The Applicant is not requesting flexibility on signage. Public Notice and Comments A Notice was published in the Pioneer Press on June 18, 2021. A public neighborhood notice was prepared by the City and mailed to property owners within 1,000 feet of the subject property. Attachments A. Project Narrative B. Location Map C. 11x17 Civil Plan Sets D. Architectural Plans E. Building Elevations F. Exterior Material Images G. Lighting and Photometric Plan H. Master PUD Site Plan I. Planning Commission Memo J. Draft Planning Commission Minutes K. 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All rights reserved. Lithonia RSX1 Area LED Rev. 02/24/21 Page 1 of 9 COMMERCIAL OUTDOOR RSX1 LED Area Luminaire Specifications Catalog Number Notes Type Introduction The new RSX LED Area family delivers maximum value by providing significant energy savings, long life and outstanding photometric performance at an affordable price. The RSX1 delivers 7,000 to 17,000 lumens allowing it to replace 70W to 400W HID luminaires. The RSX features an integral universal mounting mechanism that allows the luminaire to be mounted on most existing drill hole patterns. This “no-drill” solution provides significant labor savings. An easy-access door on the bottom of mounting arm allows for wiring without opening the electrical compartment. A mast arm adaptor, adjustable integral slipfitter and other mounting configurations are available. EPA (ft2@0°):0.57 ft2 (0.05 m2) Length:21.8” (55.4 cm) (SPA mount) Width:13.3” (33.8 cm) Height:3.0" (7.6 cm) Main Body 7.2” (18.4 cm) Arm Weight: (SPA mount):22.0 lbs (10.0 kg) Hit the Tab key or mouse over the page to see all interactive elements. L W H Options Finish Shipped Installed HS House-side shield 7 PE Photocontrol, button style 8,9 PEX Photocontrol external threaded, adjustable 9,10 PER7 Seven-wire twist-lock receptacle only (no controls) 9,11,12,13 CE34 Conduit entry 3/4” NPT (Qty 2) SF Single fuse (120, 277, 347) 5 DF Double fuse (208, 240, 480) 5 SPD20KV 20KV Surge pack (10KV standard) FAO Field adjustable output 9,13 DMG 0-10V dimming extend out back of housing for external control (control ordered separate) 9,13 Shipped Installed *Standalone and Networked Sensors/Controls (factory default settings, see table page 9) NLTAIR2 nLight AIR generation 2 13,14,15 PIRHN Networked, Bi-Level motion/ambient sensor (for use with NLTAIR2) 13,15,16 *Note: PIRHN with nLight Air can be used as a standalone or networked solution. Sensor coverage pattern is affected when luminaire is tilted. Shipped Separately (requires some field assembly) EGS External glare shield 7 EGFV External glare full visor (360° around light aperture) 7 BS Bird spikes 17 DDBXD Dark Bronze DBLXD Black DNAXD Natural Aluminum DWHXD White DDBTXD Textured Dark Bronze DBLBXD Textured Black DNATXD Textured Natural Aluminum DWHGXD Textured White WW Ordering Information EXAMPLE: RSX1 LED P4 40K R3 MVOLT SPA DDBXD RSX1 LED Series Performance Package Color Temperature Distribution Voltage Mounting RSX1 LED P1 P2 P3 P4 30K 3000K 40K 4000K 50K 5000K R2 Type 2 Wide R3 Type 3 Wide R3S Type 3 Short R4 Type 4 Wide R4S Type 4 Short R5 Type 5 Wide 1 R5S Type 5 Short 1 AFR Automotive Front Row AFRR90 Automotive Front Row Right Rotated AFRL90 Automotive Front Row Left Rotated MVOLT (120V-277V) 2 HVOLT (347V-480V) 3 XVOLT (277V-480V) 4 (use specific voltage for options as noted) 120 3 277 5 208 3 347 5 240 3 480 5 SPA Square pole mounting (3.0" min. SQ pole for 1 at 90°, 3.5" min. SQ pole for 2, 3, 4 at 90°) RPA Round pole mounting (3.2" min. dia. RND pole for 2, 3, 4 at 90°, 3.0" min. dia. RND pole for 1 at 90°, 2 at 180°, 3 at 120°) MA Mast arm adaptor (fits 2-3/8" OD horizontal tenon) IS Adjustable slipfitter (fits 2-3/8" OD tenon) 6 WBA Wall bracket 1 WBASC Wall bracket with surface conduit box AASP Adjustable tilt arm square pole mounting 6 AARP Adjustable tilt arm round pole mounting 6 AAWB Adjustable tilt arm with wall bracket 6 AAWSC Adjustable tilt arm wall bracket and surface conduit box 6 RSX1 LED P4 40K 4000K R4 Type 4 Wide MVOLT (120V-277V ) 2 SPA Square pole mounting (3.0" min. SQ pole for 1 at 90°, 3.5" min. SQ pole for 2, 3, 4 at 90°) RSX1 LED P4 40K R4 MVOLT SPA DXXXD AA Lifelong Wealth One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.acuitybrands.com © 2018-2021 Acuity Brands Lighting, Inc. All rights reserved. Lithonia RSX1 Area LED Rev. 02/24/21 Page 2 of 9 COMMERCIAL OUTDOOR Ordering Information NOTES 1 Any Type 5 distribution, is not available with WBA. 2 MVOLT driver operates on any line voltage from 120-277V (50/60 Hz). 3 HVOLT driver operates on any line voltage from 347-480V (50/60 Hz). 4 XVOLT driver not available with P1 or P2. XVOLT driver operates on any line voltage from 277V-480V (50/60 Hz). XVOLT not available with fusing (SF or DF) and not available with PE or PEX. 5 Single fuse (SF) requires 120V, 277V or 347V. Double fuse (DF) requires 208V, 240V or 480V. 6 Maximum tilt is 90° above horizontal. 7 It may be ordered as an accessory. 8 Requires MVOLT or 347V. 9 Not available in combination with other light sensing control options (following options cannot be combined: PE, PEX, PER7, FAO, DMG, PIRHN). 10 Requires 120V, 208V, 240V or 277V. 11 Twistlock photocell ordered and shipped as a separate line item from Acuity Brands Controls. See accessories. Shorting Cap included. Dimming leads capped for future use. 12 For units with option PER7, the mounting must be restricted to +/- 45° from horizontal aim per ANSI C136.10-2010. 13 Two or more of the following options cannot be combined including DMG, PER7, FAO and PIRHN. 14 Must be ordered with PIRHN. 15 Requires MVOLT or HVOLT. 16 Must be ordered with NLTAIR2. For additional information on PIRHN visit here. 17 Must be ordered with fixture for factory pre-drilling. 18 Requires luminaire to be specified with PER7 option. Ordered and shipped as a separate line item from Acuity Brands Controls. Accessories Ordered and shipped separately. House Side Shield External Glare Shield External 360 Full Visor RSX1HS RSX1 House side shield (includes 1 shield) RSX1HSAFRR U RSX1 House side shield for AFR rotated optics (includes 1 shield) RSX1EGS (FINISH) U External glares hield (specify finish) RSX1EGFV (FINISH) U External glare full visor (specify finish) RSXRPA (FINISH) U RSX Universal round pole adaptor plate (specify finish) RSXWBA (FINISH) U RSX WBA wall bracket (specify finish) 1 RSXSCB (FINISH) U RSX Surface conduit box (specify finish, for use with WBA, WBA not included) DLL127F 1.5 JU Photocell -SSL twist-lock (120-277V) 18 DLL347F 1.5 CUL JU Photocell -SSL twist-lock (347V) 18 DLL480F 1.5 CUL JU Photocell -SSL twist-lock (480V) 18 DSHORT SBK U Shorting cap 18 External Shields Pole/Mounting Informatiion HANDHOLE ORIENTATION A Handhole B C D Accessories including bullhorns, cross arms and other adpaters are available under the accessories tab at Lithonia's Outdoor Poles and Arms product page. Click here to visit Accessories. RSX1 - Luminaire EPA Fixture Quantity & Mounting Configuration Single 2 @ 90 2 @ 180 3 @ 90 3 @ 120 4 @ 90 2 Side by Side 3 Side by Side 4 Side by Side Mounting Type Tilt SPA - Square Pole Adaptor 0 ° 0.57 1.03 1.05 1.52 1.36 2.03 1.31 1.7 2.26 RPA - Round Pole Adaptor 0.62 1.08 1.15 1.62 1.46 2.13 1.36 1.8 2.36 MA - Mast Arm Adaptor 0.49 0.95 0.89 1.36 1.2 1.87 1.23 1.54 2.1 IS - Integral Slipfitter AASP/AARP - Adjustable Arm Square/Round Pole 0 ° 0.57 1.03 1.05 1.52 1.36 2.03 1.31 1.7 2.26 10° 0.68 1.34 1.33 2 1.74 2.64 1.35 2.03 2.71 20° 0.87 1.71 1.73 2.56 2.26 3.42 1.75 2.62 3.49 30° 1.24 2.19 2.3 3.21 2.87 4.36 2.49 3.73 4.97 40° 1.81 2.68 2.98 3.85 3.68 5.30 3.62 5.43 7.24 45° 2.11 2.92 3.44 4.2 4.08 5.77 4.22 6.33 8.44 50° 2.31 3.17 3.72 4.52 4.44 6.26 4.62 6.94 9.25 60° 2.71 3.66 4.38 5.21 5.15 7.24 5.43 8.14 10.86 70° 2.78 3.98 4.54 5.67 5.47 7.91 5.52 8.27 11.03 80° 2.76 4.18 4.62 5.97 5.76 8.31 5.51 8.27 11.03 90° 2.73 4.25 4.64 6.11 5.91 8.47 5.45 8.18 10.97 *Includes luminaire and integral mounting arm. Other tenons, arms, brackets or other accessories are not included in this EPA data.Top of Pole 0.563” 2.650” 1.325”0.400” (2 PLCS) Template #8 RSX POLE DRILLING RSX STANDARD ARM & ADJUSTABLE ARM 5.25” 2.65” Drilling Template Mounting Option Single 2 @ 180 2 @ 90 3 @ 120 3 @ 90 4 @ 90 Head Location Side B Side B & D Side B & C Round Pole Only Side B, C & D Side A, B, C & D #8 Drill Nomenclature DM19AS DM28AS DM29AS DM32AS DM39AS DM49AS Tenon O.D. RSX Mounting Single 2 at 180° 2 at 90° 3 at 120° 3 at 90° 4 at 90° 2 - 3/8" RPA, AARP AS3-5 190 AS3-5 280 AS3-5 290 AS3-5 320 AS3-5 390 AS3-5 490 2 - 7/8" RPA, AARP AST25-190 AST25-280 AST25-290 AST25-320 AST25-390 AST25-490 4" RPA, AARP AST35-190 AST35-280 AST35-290 AST35-320 AST35-390 AST35-490 Round Tenon Mount - Pole Top Slipfitters Drill/Side Location by Configuration Type One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.acuitybrands.com © 2018-2021 Acuity Brands Lighting, Inc. All rights reserved. Lithonia RSX1 Area LED Rev. 02/24/21 Page 3 of 9 COMMERCIAL OUTDOOR Performance Data Lumen Ambient Temperature (LAT) Multipliers Use these factors to determine relative lumen output for average ambient temperatures from 0-50°C (32-122°F). Ambient Ambient Lumen Multiplier 0°C 32°F 1.05 5°C 41°F 1.04 10°C 50°F 1.03 15°C 59°F 1.02 20°C 68°F 1.01 25°C 77°F 1.00 30°C 86°F 0.99 35°C 95°F 0.98 40°C 104°F 0.97 45°C 113°F 0.96 50°C 122°F 0.95 Current (A) Performance Package System Watts (W) 120V 208V 240V 277V 347V 480V P1 51W 0.42 0.25 0.21 0.19 0.14 0.11 P2 72W 0.60 0.35 0.30 0.26 0.21 0.15 P3 109W 0.91 0.52 0.45 0.39 0.31 0.23 P4 133W 1.11 0.64 0.55 0.48 0.38 0.27 Electrical Load Values calculated according to IESNA TM-21-11 methodology and valid up to 40°C. Operating Hours 50,000 75,000 100,000 Lumen Maintenance Factor >0.97 >0.95 >0.92 Projected LED Lumen Maintenance To see complete photometric reports or download .ies files for this product, visit Lithonia Lighting’s RSX Area homepage. Photometric Diagrams Isofootcandle plots for the RSX1 LED P4 40K. Distances are in units of mounting height (20’). 4 3 2 1 0 -4 -3 -2 -1 43210 4321 4 3 2 1 0 -4 -3 -2 -1 43210 4321 4 3 2 1 0 -4 -3 -2 -1 43210 4321 4 3 2 1 0 -4 -3 -2 -1 43210 4321 R3R3 R4R4 R5R5R2R2 LEGEND 0.1 fc 0.5 fc 1.0 fc 4 3 2 1 0 -4 -3 -2 -1 43210 4321 AFRAFR 4 3 2 1 0 -4 -3 -2 -1 43210 4321 AFRL90AFRL90 4 3 2 1 0 -4 -3 -2 -1 43210 4321 AFRR90AFRR90 One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.acuitybrands.com © 2018-2021 Acuity Brands Lighting, Inc. All rights reserved. Lithonia RSX1 Area LED Rev. 02/24/21 Page 4 of 9 COMMERCIAL OUTDOOR Performance Data Performance Package System Watts Distribution. Type 30K (3000K, 70 CRI) 40K (4000K, 70 CRI) 50K (5000K, 70 CRI) Lumens B U G LPW Lumens B U G LPW Lumens B U G LPW P1 51W R2 6,482 1 0 1 126 7,121 1 0 1 139 7,121 1 0 1 139 R3 6,459 1 0 2 127 7,096 1 0 2 139 7,096 1 0 2 139 R3S 6,631 1 0 1 129 7,286 1 0 2 142 7,286 1 0 2 142 R4 6,543 1 0 2 128 7,189 1 0 2 141 7,189 1 0 2 141 R4S 6,313 1 0 1 124 6,936 1 0 1 136 6,936 1 0 1 136 R5 6,631 3 0 2 130 7,286 3 0 2 143 7,286 3 0 2 143 R5S 6,807 3 0 1 133 7,479 3 0 1 147 7,479 3 0 1 147 AFR 6,473 1 0 1 127 7,112 1 0 1 139 7,112 1 0 1 139 AFRR90 6,535 2 0 2 127 7,179 2 0 2 140 7,179 2 0 2 140 AFRL90 6,562 2 0 1 128 7,210 2 0 2 140 7,210 2 0 2 140 P2 72W R2 8,991 2 0 1 123 9,878 2 0 1 135 9,878 2 0 1 135 R3 8,959 2 0 2 124 9,843 2 0 2 137 9,843 2 0 2 137 R3S 9,198 2 0 2 126 10,106 2 0 2 139 10,106 2 0 2 139 R4 9,077 2 0 2 126 9,972 2 0 2 139 9,972 2 0 2 139 R4S 8,757 1 0 2 122 9,622 2 0 2 134 9,622 2 0 2 134 R5 9,198 4 0 2 128 10,106 4 0 2 140 10,106 4 0 2 140 R5S 9,443 3 0 1 131 10,374 3 0 1 144 10,374 3 0 1 144 AFR 8,979 2 0 1 125 9,865 2 0 1 137 9,865 2 0 1 137 AFRR90 9,064 3 0 2 124 9,959 3 0 2 137 9,959 3 0 2 137 AFRL90 9,102 3 0 2 125 10,001 3 0 2 137 10,001 3 0 2 137 P3 109W R2 12,808 2 0 1 117 14,072 2 0 2 129 14,072 2 0 2 129 R3 12,763 2 0 2 117 14,023 2 0 2 129 14,023 2 0 2 129 R3S 13,104 2 0 2 120 14,397 2 0 2 132 14,397 2 0 2 132 R4 12,930 2 0 2 119 14,206 2 0 2 130 14,206 2 0 2 130 R4S 12,475 2 0 2 114 13,707 2 0 2 126 13,707 2 0 2 126 R5 13,104 4 0 2 120 14,397 4 0 2 132 14,397 4 0 2 132 R5S 13,452 3 0 2 123 14,779 3 0 2 136 14,779 3 0 2 136 AFR 12,791 2 0 1 117 14,053 2 0 2 129 14,053 2 0 2 129 AFRR90 12,913 3 0 3 118 14,187 3 0 3 130 14,187 3 0 3 130 AFRL90 12,967 3 0 2 118 14,247 3 0 3 130 14,247 3 0 3 130 P4 133W R2 14,943 2 0 2 112 16,417 2 0 2 123 16,417 2 0 2 123 R3 14,890 2 0 3 112 16,360 2 0 3 123 16,360 2 0 3 123 R3S 15,287 2 0 2 115 16,796 2 0 2 126 16,796 2 0 2 126 R4 15,085 2 0 3 113 16,574 2 0 3 125 16,574 2 0 3 125 R4S 14,554 2 0 2 109 15,991 2 0 2 120 15,991 2 0 2 120 R5 15,287 4 0 2 115 16,796 4 0 2 126 16,796 4 0 2 126 R5S 15,693 4 0 2 118 17,242 4 0 2 130 17,242 4 0 2 130 AFR 14,923 2 0 2 112 16,395 2 0 2 123 16,395 2 0 2 123 AFRR90 15,065 3 0 3 113 16,551 3 0 3 124 16,551 3 0 3 124 AFRL90 15,128 3 0 3 114 16,621 3 0 3 125 16,621 3 0 3 125 Lumen Output Lumen values are from photometric tests performed in accordance with IESNA LM-79-08. Data is considered to be representative of the configurations shown, within the tolerances allowed by Lighting Facts. Contact factory for performance data on any configurations not shown here. One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.acuitybrands.com © 2018-2021 Acuity Brands Lighting, Inc. All rights reserved. Lithonia RSX1 Area LED Rev. 02/24/21 Page 5 of 9 COMMERCIAL OUTDOOR Dimensions & Weights L W H Length: 22.8” (57.9 cm) Width: 13.3” (33.8 cm) Height: 3.0” (7.6 cm) Main Body 7.2” (18.4 cm) Arm RSX1 with Round Pole Adapter (RPA) Note: RPA — Round Pole mount can also be used to mount on square poles by omitting the round pole adapter plate shown here. L W H Length: 23.2” (59.1 cm) Width: 13.3” (33.8 cm) Height: 3.0” (7.6 cm) Main Body 3.5” (8.9 cm) Arm RSX1 with Mast Arm Adapter (MA) 7/16" locking thru bolt/nut provided L W H Length: 20.7” (52.7 cm) Width: 13.3” (33.8 cm) Height: 3.0” (7.6 cm) Main Body 7.6” (19.3 cm) Arm RSX1 with Adjustable Slipfitter (IS) 7/8" KO - fits 1/2" NPT water- tight fitting Luminaire Weight by Mounting Type Mounting Configuration Total Luminaire Weight SPA 22 lbs RPA 24 lbs MA 22 lbs WBA 25 lbs WBASC 28 lbs IS 25 lbs AASP 25 lbs AARP 27 lbs AAWB 28 lbs AAWSC 31 lbs One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.acuitybrands.com © 2018-2021 Acuity Brands Lighting, Inc. All rights reserved. Lithonia RSX1 Area LED Rev. 02/24/21 Page 6 of 9 COMMERCIAL OUTDOOR Dimensions L W H Length: 23.6" (59.9 cm) Width: 13.3” (33.8 cm) Height: 3.0” (7.6 cm) Main Body 8.9” (22.6 cm) Arm RSX1 with Wall Bracket (WBA) Wall Bracket (WBA) Mounting Detail 4.5 7.0 L W H Length: 25.3” (64.3 cm) Width: 13.3” (33.8 cm) Height: 3.0” (7.6 cm) Main Body 9.2” (23.4 cm) Arm RSX1 with Wall Bracket with Surface Conduit Box (WBASC) 3/4" NPT taps with plugs - Qty (4) provided Surface Conduit Box (SCB) Mounting Detail 4.4 7.0 One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.acuitybrands.com © 2018-2021 Acuity Brands Lighting, Inc. All rights reserved. Lithonia RSX1 Area LED Rev. 02/24/21 Page 7 of 9 COMMERCIAL OUTDOOR Dimensions L W H Length: 25.3” (65.3 cm) AASP 26.3” (66.8 cm) AARP Width: 13.3” (33.8 cm) Height: 3.0” (7.6 cm) Main Body 7.2” (18.2 cm) Arm RSX1 with Adjustable Tilt Arm - Square or Round Pole (AASP or AARP) NOTE: RPA - Round Pole mount can also be used to mount on square poles by omitting the round pole adapter plate shown here. 7/8" KO - fits 1/2" NPT water- tight fitting Notes AASP: Requires 3.0" min. square pole for 1 at 90°. Requires 3.5" min. square pole for mounting 2, 3, 4 at 90°. AARP: Requires 3.2" min. dia. round pole for 2, 3, 4 at 90°. Requires 3.0" min. dia. round pole for mounting 1 at 90°, 2 at 180°, 3 at 120°. L W H Length: 27.1” (68.8 cm) Width: 13.3” (33.8 cm) Height: 3.0” (7.6 cm) Main Body 8.9” (22.6 cm) Arm RSX1 with Adjustable Tilt Arm with Wall Bracket (AAWB) Wall Bracket (WBA) Mounting Detail 4.5 7.0 7/8" KO - fits 1/2" NPT water- tight fitting One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.acuitybrands.com © 2018-2021 Acuity Brands Lighting, Inc. All rights reserved. Lithonia RSX1 Area LED Rev. 02/24/21 Page 8 of 9 COMMERCIAL OUTDOOR Dimensions L W H Length: 28.8” (73.2 cm) Width: 13.3” (33.8 cm) Height: 3.0” (7.6 cm) Main Body 9.2” (23.4 cm) Arm RSX1 with Adjustable Tilt Arm with Wall Bracket and Surface Conduit Box (AAWSC) Additional Reference Drawings Surface Conduit Box (SCB) Mounting Detail 4.4 7.0 3/4" NPT taps with plugs - Qty (4) provided 7/8" KO - fits 1/2" NPT water- tight fitting Option CE34 Reference Dimensions Automotive Front Row - Rotated Optics (AFRL90/R90) AFRR90 AFRL90 (Example: 2@180 - arrows indicate direction of light exiting the luminaire) One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.acuitybrands.com © 2018-2021 Acuity Brands Lighting, Inc. All rights reserved. Lithonia RSX1 Area LED Rev. 02/24/21 Page 9 of 9 COMMERCIAL OUTDOOR FEATURES & SPECIFICATIONS INTENDED USE The RSX LED area family is designed to provide a long-lasting, energy-efficient solution for the one- for-one replacement of existing metal halide or high pressure sodium lighting. The RSX1 delivers 7,000 to 17,000 lumens and is ideal for replacing 70W to 400W HID pole-mounted luminaires in parking lots and other area lighting applications. CONSTRUCTION The RSX LED area luminaire features a rugged die-cast aluminum main body that uses heat- dissipating fins and flow-through venting to provide optimal thermal management that both enhances LED performance and extends component life. Integral “no drill” mounting arm allows the luminaire to be mounted on existing pole drillings, greatly reducing installation labor. The light engines and housing are sealed against moisture and environmental contaminants to IP66. The low-profile design results in a low EPA, allowing pole optimization. All mountings are rated for minimum 1.5 G vibration load per ANSI C136.31. 3G Mountings: Include SPA, RPA, MA, IS, AASP, and AARP rated for 3G vibration. 1.5G Mountings: Include WBA, WBASC, AAWB and AAWSC rated for 1.5G vibration. FINISH Exterior parts are protected by a zinc-infused Super Durable TGIC thermoset powder coat finish that provides superior resistance to corrosion and weathering. A tightly controlled multi-stage process ensures superior adhesion as well as a minimum finish thickness of 3 mils. The result is a high-quality finish that is warrantied not to crack or peel. OPTICS Precision acrylic refractive lenses are engineered for superior application efficiency, distributing the light to where it is needed most. Available in short and wide pattern distributions including Type 2, Type 3, Type 3S, Type 4, Type 4S, Type 5, Type 5S, AFR (Automotive Front Row), and AFR rotated AFRR90 and ARFL90. ELECTRICAL Light engine(s) configurations consist of high-efficacy LEDs mounted on metal-core circuit boards and aluminum heat sinks to maximize heat dissipation. Light engines are IP66 rated. LED lumen maintenance is >L92/100,000 hours. CCT’s of 3000K, 4000K and 5000K (minimum 70 CRI) are available. Class 1 electronic drivers ensure system power factor >90% and THD <20%. Easily serviceable 10kV surge protection device meets a minimum Category C Low operation (per ANSI/ IEEE C62.41.2). STANDARD CONTROLS The RSX LED area luminaire has a wide assortment of control options. Dusk to dawn controls include MVOLT and 347V button-type photocells and NEMA twist-lock photocell receptacles. nLIGHT AIR CONTROLS The RSX LED area luminaire is also available with nLight® AIR for the ultimate in wireless control. This powerful controls platform provides out-of-the-box basic motion sensing with photocontrol functionality and is suitable for mounting heights up to 40 feet. No commissioning is required when using factory default settings that provide basic stand-alone motion occupancy dimming that is switched on and off with a built-in photocell. See chart above for motion sensor default out-of-box settings. For more advanced wireless functionality, such as group dimming, nLight AIR can be commissioned using a smartphone and the easy-to- use CLAIRITY app. nLight AIR equipped luminaries can be grouped, resulting in motion sensor and photocell group response without the need for additional equipment. Scheduled dimming with motion sensor over-ride can be achieved when used with the nLight Eclypse. Additional information about nLight Air can be found here. INSTALLATION Integral “no-drill” mounting arm allows for fast, easy mounting using existing pole drillings. Select the “SPA” option for square poles and the “RPA” option to mount to round poles. Note, the RPA mount can also be used for mounting to square poles by omitting the RPA adapter plate. Select the “MA” option to attach the luminaire to a 2 3/8” horizontal mast arm or the “IS” option for an adjustable slipfitter that mounts on a 2 3/8” OD tenon. The adjustable slipfitter has an integral junction box and offers easy installation. Can be tilted up to 90° above horizontal. Additional mountings are available including a wall bracket, adjustable tilt arm for direct-to-pole and wall and a surface conduit box for wall mount applications. LISTINGS CSA Certified to meet U.S. and Canadian standards. Suitable for wet locations. Rated for -40°C minimum ambient. DesignLights Consortium® (DLC) Premium qualified product and DLC qualified product. Not all versions of this product may be DLC Premium qualified or DLC qualified. Please check the DLC Qualified Products List at www.designlights.org/QPL to confirm which versions are qualified. International Dark-Sky Association (IDA) Fixture Seal of Approval (FSA) is available for all products on this page utilizing 3000K color temperature only. WARRANTY 5-year limited warranty. Complete warranty terms located at: www.acuitybrands.com/support/customer-support/terms-and-conditions Note: Actual performance may differ as a result of end-user environment and application. All values are design or typical values, measured under laboratory conditions at 25 °C. Specifications subject to change without notice. nLight Control - Sensor Coverage and Settings Motion Sensor Default Settings - Option PIRHN Option Dimmed State (unoccupied) High Level (when occupied) Photocell Operation Dwell Time (occupancy time delay) Ramp-up Time (from unoccupied to occupied) Ramp-down Time (from occupied to unoccupied) NLTAIR2 PIRHN Approx. 30% Output 100% Output Enabled @ 1.5FC 7.5 minutes 3 seconds 5 minutes nLight Sensor Coverage Pattern NLTAIR2 PIRHN Top Side *Note: NLTAIR2 PIRHN default settings including photocell set-point, high/low dim rates, and occupancy sensor time delay are all configurable using the Clairity Pro App. Sensor coverage pattern shown with luminaire at 0°. Sensor coverage pattern is affected when luminaire is titled. Catalog Number Notes Type OUTDOOR POLESSS FEATURES & SPECIFICATIONS INTENDED USE — These specifications are for USA standards only. Square Straight Steel is a general purpose light pole for up to 39-foot mounting heights. This pole provides a robust yet cost effective option for mounting area lights and floodlights. CONSTRUCTION — Pole Shaft: The pole shaft is of uniform dimension and wall thickness and is made of a weldable-grade, hot-rolled, commercial-quality steel tubing with a minimum yield of 55 KSI (11-gauge, .1196"), or 50 KSI (7-gauge, .1793"). Shaft is one-piece with a full-length longitudinal high- frequency electric resistance weld. Uniformly square in cross-section with flat sides, small corner radii and excellent torsional qualities. Available shaft widths are 4", 5" and 6". Pole Top: A flush non-metalic black top cap is provided for all poles that will receive drilling patterns for side-mount luminaire arm assemblies or when ordered with PT option. Handhole: A reinforced handhole with grounding provision is provided at 18" from the base on side A. Positioning the handhole lower may not be possible and requires engineering review; consult Tech Support-Outdoor for further information. Every handhole includes a cover and cover attachment hardware. The handhole has a nominal dimension of 2.5" x 5". Base Cover: A durable ABS plastic two-piece full base cover, finished to match the pole, is provided with each pole assembly. Additional base cover options are available upon request. Anchor Base/ Bolts: Anchor base is fabricated from steel that meets ASTM A36 standards and can be altered to match existing foundations; consult factory for modifications. Anchor bolts are manufactured to ASTM F1554 Standards grade 55, (55 KSI minimum yield strength and tensile strength of 75-95 KSI). Top threaded portion (nominal 12") is hot-dipped galvanized per ASTM A-153. HARDWARE – All structural fasteners are high-strength galvanized carbon steel. All non-structural fasteners are galvanized or zinc-plated carbon steel or stainless steel. FINISH – Extra durable standard powder-coat finishes include Dark Bronze, White, Black, Medium Bronze and Natural Aluminum colors. Classic finishes include Sandstone, Charcoal Gray, Tennis Green, Bright Red and Steel Blue colors. Architectural Colors and Special Finishes are available by quote and include, but are not limited to Hot-dipped Galvanized, Paint over Hot-dipped Galvanized, RAL Colors, Custom Colors and Extended Warranty Finishes. Factory-applied primer paint finish is available for customer field-paint applications. WARRANTY — 1-year limited warranty. Complete warranty terms located at: www.acuitybrands.com/support/warranty/terms-and-conditions NOTE: Actual performance may differ as a result of end-user environment and application. Specifications subject to change without notice. Anchor Base Poles SSS SQUARE STRAIGHT STEEL See footnotes next page. SSS 20' 4C DM28AS DXXXD Lifelong Wealth AA POLESSS OUTDOOR: One Lithonia Way Conyers, GA 30012 Phone: 800-705-SERV (7378) www.lithonia.com ©1994-2021 Acuity Brands Lighting, Inc. All rights reserved. Rev. 01/22/21 SSS Square Straight Steel Poles NOTES: 1. Wall thickness will be signified with a "C" (11 Gauge) or a "G" (7-Gauge) in nomenclature. "C" - 0.1196" | "G" - 0.1793". 2. PT open top poles include top cap. When ordering tenon mounting and drill mounting for the same pole, follow this example: DM28/T20. The combination includes a required extra handhole. 3. Refer to the fixture spec sheet for the correct drilling template pattern and orientation compatibility. 4. Insert "1" or "2" to designate fixture size; e.g. DM19AST2. 5. Specify location and orientation when ordering option. For "x": Specify the height above the base of pole in feet or feet and inches; separate feet and inches with a "-". Example: 5ft = 5 and 20ft 3in = 20-3 For "y": Specify orientation from handhole (A,B,C,D) Refer to the Handhole Orientation diagram below. Example: 1/2" coupling at 5' 8 ", orientation C = CPL12/5-8C 6. Horizontal arm is 18" x 2-3/8" O.D. tenon standard, with radius curve providing 12" rise and 2-3/8" O.D. If ordering two horizontal arm at the same height, specify with HAxyy. Example: HA20BD. 7. Combination of tenon-top and drill mount includes extra handhole. 8. Must add original order number of existing pole(s). 9. Use when mill certifications are required. 10. Provides enhanced corrosion resistance. 11. Additional colors available; see www.lithonia.com/archcolors or Architectural Colors brochure (Form No. 794.3). Available by formal quote only, consult factory for details. SSS Series Nominal fixture mounting height Nominal shaft base size/wall thickness1 Mounting2 Options Finish 10 SSS 10'-39' (for 1/2 ft increments, add -6 to the pole height. Ex: 20-6 equals 20ft 6in.) See technical information table for complete ordering information.) 4C 4" 11g (.1196") 4G 4" 7g (.1793") 5C 5" 11g (.1196") 5G 5" 7g (.1793") 6G 6" 7g (.1793") See technical information table for complete ordering information.) Tenon mounting PT Open top (includes top cap) T20 2-3/8" O.D. (2" NPS) T25 2-7/8" O.D. (2-1/2" NPS) T30 3-1/2" O.D. (3" NPS) T35 4" O.D. (3-1/2" NPS) KAC/KAD/KSE/KSF/KVR/KVF Drill mounting3 DM19 1 at 90° DM28 2 at 180° DM28 PL 2 at 180° with one side plugged DM29 2 at 90° DM39 3 at 90° DM49 4 at 90° CSX/DSX/RSX/AERIS™/OMERO™/ HLA/KAX Drill mounting3 DM19AS 1 at 90° DM28AS 2 at 180° DM29AS 2 at 90° DM39AS 3 at 90° DM49AS 4 at 90° RAD drill mounting3 DM19RAD 1 at 90° DM28RAD 2 at 180° DM29RAD 2 at 90° DM32RAD 3 at 120° DM39RAD 3 at 90° DM49RAD 4 at 90° ESX Drill mounting 3 DM19ESX 1 at 90° DM28ESX 2 at 180° DM29ESX 2 at 90° DM39ESX 3 at 90° DM49ESX 4 at 90° AERIS™ Suspend drill mounting3, 4 DM19AST_ 1 at 90° DM28AST_ 2 at 180° DM29AST_ 2 at 90° DM39AST_ 3 at 90° DM49AST_ 4 at 90° OMERO™ Suspend drill mounting3, 4 DM19MRT_ 1 at 90° DM28MRT_ 2 at 180° DM29MRT_ 2 at 90° DM39MRT_ 3 at 90° DM49MRT_ 4 at 90° Shipped installed L/AB Less anchor bolts (Include when anchor bolts are not needed) VD Vibration damper TP Tamper resistant handhole cover fasteners HAxy Horizontal arm bracket (1 fixture) 5, 6 FDLxy Festoon outlet less electrical 5 CPL12/xy 1/2" coupling 5 CPL34/xy 3/4" coupling 5 CPL1/xy 1" coupling 5 NPL12/xy 1/2" threaded nipple 5 NPL34/xy 3/4" threaded nipple 5 NPL1/xy 1" threaded nipple 5 EHHxy Extra handhole 5, 7 MAEX Match existing 8 USPOM United States point of manufacture 9 IC Interior coating 10 UL UL listed with label (Includes NEC compliant cover) NEC NEC 410.30 compliant gasketed handhole (Not UL Labeled) Shipped separately (replacement kit available) (blank) FBC Full base cover (plastic) (blank) TC Top cap (blank) HHC Handhole cover Standard colors DDBXD Dark bronze DWHXD White DBLXD Black DMBXD Medium bronze DNAXD Natural aluminum Classic colors DSS Sandstone DGC Charcoal gray DTG Tennis green DBR Bright red DSB Steel blue Architectural Colors and Special Finishes11 Galvanized, Paint over Galvanized, RAL Colors, Custom Colors and Extended Warranty Finishes available. ORDERING INFORMATION Lead times will vary depending on options selected. Consult with your sales representative. Example: SSS 20 5C DM19 DDB SSS 20' 4C 4" 11g (.1196") DM28AS 2 at 180° POLESSS OUTDOOR: One Lithonia Way Conyers, GA 30012 Phone: 800-705-SERV (7378) www.lithonia.com ©1994-2021 Acuity Brands Lighting, Inc. All rights reserved. Rev. 01/22/21 BASE DETAIL 18" POLE DATA Shaft base size Bolt circle A Bolt projection B Base diameter C Base plate thickness Template description Anchor bolt description Anchor bolt and template number Anchor bolt description 4"C 8" – 9" 3.25"- 3.75" 8"- 8.25" 0.75" ABTEMPLATE PJ50004 AB18-0 ABSSS-4C 3/4"x18"x3" 4"G 8" – 9" 3.38"- 3.75" 8"- 8.25" 0.875" ABTEMPLATE PJ50004 AB30-0 ABSSS-4G 3/4"x30"x3" 5" 10" – 12" 3.5"- 4" 11" 1" ABTEMPLATE PJ50010 AB36-0 ABSSS-5 1"x36"x4" 6" 11" – 13" 4"- 4.50" 12.5" 1" ABTEMPLATE PJ50011 AB36-0 N/A 1"x36"x4" TECHNICAL INFORMATION — EPA (ft2) with 1.3 gust Catalog Number Nominal Shaft Length (ft.)* Pole Shaft Size (Base in. x Top in. x ft.) Wall thick (in)Gauge EPA (ft2) with 1.3 gust Bolt circle (in) Bolt size (in. x in. x in.) Approximate ship weight (lbs.) 80 MPH Max. weight 90 MPH Max. weight 100 MPH Max. weight SSS 10 4C 10 4.0 x 10.0 0.1196 11 30.6 765 23.8 595 18.9 473 8--9 3/4 x 18 x 3 75 SSS 12 4C 12 4.0 x 12.0 0.1196 11 24.4 610 18.8 470 14.8 370 8--9 3/4 x 18 x 3 90 SSS 14 4C 14 4.0 x 14.0 0.1196 11 19.9 498 15.1 378 11.7 293 8--9 3/4 x 18 x 3 100 SSS 16 4C 16 4.0 x 16.0 0.1196 11 15.9 398 11.8 295 8.9 223 8--9 3/4 x 18 x 3 115 SSS 18 4C 18 4.0 x 18.0 0.1196 11 12.6 315 9.2 230 6.7 168 8--9 3/4 x 18 x 3 125 SSS 20 4C 20 4.0 x 20.0 0.1196 11 9.6 240 6.7 167 4.5 150 8--9 3/4 x 18 x 3 140 SSS 20 4G 20 4.0 x 20.0 0.1793 7 14 350 11 275 8 200 8--9 3/4 x 30 x 3 198 SSS 20 5C 20 5.0 x 20.0 0.1196 11 17.7 443 12.7 343 9.4 235 10--12 1 x 36 x 4 185 SSS 20 5G 20 5.0 x 20.0 0.1793 7 28.1 703 21.4 535 16.2 405 10--12 1 x 36 x 4 265 SSS 25 4C 25 4.0 x 25.0 0.1196 11 4.8 150 2.6 100 1 50 8--9 3/4 x 18 x 3 170 SSS 25 4G 25 4.0 x 25.0 0.1793 7 10.8 270 7.7 188 5.4 135 8--9 3/4 x 30 x 3 245 SSS 25 5C 25 5.0 x 25.0 0.1196 11 9.8 245 6.3 157 3.7 150 10--12 1 x 36 x 4 225 SSS 25 5G 25 5.0 x 25.0 0.1793 7 18.5 463 13.3 333 9.5 238 10--12 1 x 36 x 4 360 SSS 30 4G 30 4.0 x 30.0 0.1793 7 6.7 168 4.4 110 2.6 65 8--9 3/4 x 30 x 3 295 SSS 30 5C 30 5.0 x 30.0 0.1196 11 4.7 150 2 50 -- -- 10--12 1 x 36 x 4 265 SSS 30 5G 30 5.0 x 30.0 0.1793 7 10.7 267 6.7 167 3.9 100 10--12 1 x 36 x 4 380 SSS 30 6G 30 6.0 x 30.0 0.1793 7 19 475 13.2 330 9 225 11--13 1 x 36 x 4 520 SSS 35 5G 35 5.0 x 35.0 0.1793 7 5.9 150 2.5 100 -- -- 10--12 1 x 36 x 4 440 SSS 35 6G 35 6.0 x 35.0 0.1793 7 12.4 310 7.6 190 4.2 105 11--13 1 x 36 x 4 540 SSS 39 6G 39 6.0 x 39.0 0.1793 7 7.2 180 3 75 -- -- 11--13 1 x 36 x 4 605 * EPA values are based ASCE 7-93 wind map. For 1/2 ft increments, add -6 to the pole height. Ex: 20-6 equals 20ft 6in. IMPORTANT INSTALLATION NOTES: • Do not erect poles without having fixtures installed. • Factory-supplied templates must be used when setting anchor bolts. Lithonia Lighting will not accept claim for incorrect anchorage placement due to failure to use Lithonia Lighting factory templates. • If poles are stored outside, all protective wrapping must be removed immediately upon delivery to prevent finish damage. • Lithonia Lighting is not responsible for the foundation design. A C HANDHOLE ORIENTATION A Handhole B C D Default DM19 is on side B. SSS Square Straight Steel Poles SSS 20 4C 8--9 3/4 x 18 x 3 Series Color Temperature Voltage Options Finish WPX1 LED P1 WPX1 LED P2 WPX2 LED WPX3 LED 1,550 Lumens, 11W 1 2,900 Lumens, 24W 6,000 Lumens, 47W 9,200 Lumens, 69W 30K 3000K 40K 4000K 50K 5000K MVOLT 120V - 277V 347 347V 3 (blank)None E4WH Emergency battery backup, CEC compliant (4W, 0ºC min) 2 E14WC Emergency battery backup, CEC compliant (14W, -20ºC min) 2 PE Photocell 3 DDBXD Dark bronze DWHXD White DBLXD Black Note : For other options, consult factory. Note: The lumen output and input power shown in the ordering tree are average representations of all configuration options. Specific values are available on request. One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.lithonia.com © 2020 Acuity Brands Lighting, Inc. All rights reserved. WPX LED Rev. 09/29/20 COMMERCIAL OUTDOOR WPX LED Wall Packs Ordering Information EXAMPLE: WPX2 LED 40K MVOLT DDBXD NOTES 1. All WPX wall packs come with 6kV surge protection standard, except WPX1 LED P1 package which comes with 2.5kV surge protection standard. Add SPD6KV option to get WPX1 LED P1 with 6kV surge protection. Sample nomenclature: WPX1 LED P1 40K MVOLT SPD6KV DDBXD 2. Battery pack options only available on WPX1 and WPX2. 3. Battery pack options not available with 347V and PE options. Catalog Number Notes Type Hit the Tab key or mouse over the page to see all interactive elements. Introduction The WPX LED wall packs are energy-efficient, cost- effective, and aesthetically appealing solutions for both HID wall pack replacement and new construction opportunities. Available in three sizes, the WPX family delivers 1,550 to 9,200 lumens with a wide, uniform distribution. The WPX full cut-off solutions fully cover the footprint of the HID glass wall packs that they replace, providing a neat installation and an upgraded appearance. Reliable IP66 construction and excellent LED lumen maintenance ensure a long service life. Photocell and emergency egress battery options make WPX ideal for every wall mounted lighting application. Specifications FEATURES & SPECIFICATIONS INTENDED USE The WPX LED wall packs are designed to provide a cost-effective, energy-efficient solution for the one-for-one replacement of existing HID wall packs. The WPX1, WPX2 and WPX3 are ideal for replacing up to 150W, 250W, and 400W HID luminaires respectively. WPX luminaires deliver a uniform, wide distribution. CONSTRUCTION WPX feature a die-cast aluminum main body with optimal thermal management that both enhances LED efficacy and extends component life. The luminaires are IP66 rated, and sealed against moisture or environmental contaminants. ELECTRICAL Light engine(s) configurations consist of high-efficacy LEDs and LED lumen maintenance of L90/100,000 hours. Color temperature (CCT) options of 3000K, 4000K and 5000K with minimum CRI of 70. Electronic drivers ensure system power factor >90% and THD <20%. All luminaires have 6kV surge protection (Note: WPX1 LED P1 package comes with a standard surge protection rating of 2.5kV. It can be ordered with an optional 6kV surge protection). All photocell (PE) operate on MVOLT (120V - 277V) input. Note: The standard WPX LED wall pack luminaires come with field-adjustable drive current feature. This feature allows tuning the output current of the LED drivers to adjust the lumen output (to dim the luminaire). INSTALLATION WPX can be mounted directly over a standard electrical junction box. Three 1/2 inch conduit ports on three sides allow for surface conduit wiring. A port on the back surface allows poke-through conduit wiring on surfaces that don't have an electrical junction box. Wiring can be made in the integral wiring compartment in all cases. WPX is only recommended for installations with LEDs facing downwards. LISTINGS CSA Certified to meet U.S. and Canadian standards. Suitable for wet locations. IP66 Rated. DesignLights Consortium® (DLC) qualified product. Not all versions of this product may be DLC qualified. Please check the DLC Qualified Products List at www.designlights.org/QPL to confirm which versions are qualified. International Dark Sky Association (IDA) Fixture Seal of Approval (FSA) is available for all products on this page utilizing 3000K color temperature only. WARRANTY 5-year limited warranty. Complete warranty terms located at: www.acuitybrands.com/CustomerResources/Terms_and_conditions.aspx. Note: Actual performance may differ as a result of end-user environment and application. All values are design or typical values, measured under laboratory conditions at 25°C. Specifications subject to change without notice. Front View Side View      Luminaire Height (H) Width (W) Depth (D) Side Conduit Location WeightAB WPX1 8.1” (20.6 cm) 11.1” (28.3 cm) 3.2” (8.1 cm) 4.0” (10.3 cm) 0.6” (1.6 cm) 6.1 lbs (2.8kg) WPX2 9.1” (23.1 cm) 12.3” (31.1 cm) 4.1” (10.5 cm) 4.5” (11.5 cm) 0.7” (1.7 cm) 8.2 lbs (3.7kg) WPX3 9.5” (24.1 cm) 13.0” (33.0 cm) 5.5” (13.7 cm) 4.7” (12.0 cm) 0.7” (1.7 cm) 11.0 lbs (5.0kg) WPX1 LED P2 2,900 Lumens, 24W MVOLT 120V - 277V 40K 4000K DDBXD Dark bronze DWHXD White DBLXD Black WPX1 LED P2 40K MVOLT DXXXD Lifelong Wealth BB LEGEND 0.1 fc 0.2 fc 1.0 fc 0.5 fc One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.lithonia.com © 2020 Acuity Brands Lighting, Inc. All rights reserved. WPX LED Rev. 09/29/20 COMMERCIAL OUTDOOR Performance Data Use these factors to determine relative lumen output for average ambient temperatures from 0-50°C (32-122°F). Lumen Ambient Temperature (LAT) Multipliers Ambient Ambient Lumen Multiplier 0°C 32°F 1.05 5°C 41°F 1.04 10°C 50°F 1.03 15°C 59°F 1.02 20°C 68°F 1.01 25°C 77°F 1.00 30°C 86°F 0.99 35°C 95°F 0.98 40°C 104°F 0.97 Projected LED Lumen Maintenance Data references the extrapolated performance projections in a 25°C ambient, based on 6,000 hours of LED testing (tested per IESNA LM-80-08 and projected per IESNA TM-21-11). To calculate LLF, use the lumen maintenance factor that corresponds to the desired number of operating hours below. For other lumen maintenance values, contact factory. Operating Hours 50,000 75,000 100,000 Lumen Maintenance Factor >0.94 >0.92 >0.90 To see complete photometric reports or download .ies files for this product, visit the Lithonia Lighting WPX LED homepage. Tested in accordance with IESNA LM-79 and LM-80 standards Photometric Diagrams Luminaire Input Power (W) 120V 208V 240V 277V 347V WPX1 LED P1 11W 0.09 0.05 0.05 0.04 0.03 WPX1 LED P2 24W 0.20 0.12 0.10 0.09 0.07 WPX2 47W 0.39 0.23 0.20 0.17 0.14 WPX3 69W 0.58 0.33 0.29 0.25 0.20 Electrical Load WPX1 LED P1 HID Replacement Guide Luminaire Equivalent HID Lamp WPX Input Power WPX1 LED P1 100W 11W WPX1 LED P2 150W 24W WPX2 250W 47W WPX3 400W 69W Emergency Egress Battery Packs Battery Type Minimum Temperature Rating Power (Watts) Controls Option Ordering Example Standard 0°C 4W E4WH WPX2 LED 40K MVOLT E4WH DDBXD Cold Weather -20°C 14W E14WC WPX2 LED 40K MVOLT E14WC DDBXD WPX1 LED P2 WPX2 LED WPX3 LED The emergency battery backup is integral to the luminaire — no external housing or back box is required. The emergency battery will power the luminaire for a minimum duration of 90 minutes and deliver minimum initial output of 550 lumens. Both battery pack options are CEC compliant. Mounting Height = 12 Feet. Luminaire Color Temperature Lumen Output WPX1 LED P1 3000K 1,537 4000K 1,568 5000K 1,602 WPX1 LED P2 3000K 2,748 4000K 2,912 5000K 2,954 WPX2 3000K 5,719 4000K 5,896 5000K 6,201 WPX3 3000K 8,984 4000K 9,269 5000K 9,393 Lumen Output Project Catalog # Type Prepared by Notes Date PS518042EN page 1 August 12, 2020 10:19 AM Interactive Menu • Order Information page 2 • Product Specifications page 2 • Photometric Data page 3 • Energy & Performance Data page 3 • Product Warranty LCR6 6-Inch Round All-Purpose LED Retrofit Module Typical Applications Residential • Multi-family • Mixed-Use Top Product Features • Select from 5 CCTs via switch; 2700K, 3000K, 3500K, 4000K, 5000K CCT; 90 CRI • Up to 3000 Lumens; IC rated • Direct mount - does not require recessed housing or junction box • Dimmable down to 5%, 0-10V • Wet location listed for showers and protected ceilings Can be used to comply with 2019 Title 24 Part 6 LED Enclosed Light Source Requirements (JA8) Dimensional and Mounting Details 1.61” [41mm] 2.83” [71.9mm] 1.68” [42.7mm] 6.42” [163mm] 2.42” [61.5mm] Ø 6.62” [168mm] 6.82” [173.2mm] 1500 lumen / 2100 lumen 1500 Lumen / 2100 Lumen 3000 Lumen additional product diagrams Product Certification Product Features Refer to ENERGY STAR® Certified Products List. Can be used to comply with California Title 24 High Efficacy requirements. Certified to California Appliance Efficiency Database under JA8. LCR6159FSE010MW CCLifelong Wealth LCR6 PS518042EN page 2 August 12, 2020 10:19 AM Order Information* SAMPLE ORDER NUMBER: LCR6159FSE010MW Models Lumens CRI/CCT Driver Finish Models Lumens CRI/CCT Driver Finish LCR6 = 6” all- purpose round LED module 15 = 1500 lumens (nominal) 21 = 2100 lumens (nominal) 30 = 3000 lumens (nominal) 9FS = 90 CRI minimum, field selectable CCT, choose 2700K, 3000K, 3500K, 4000K or 5000K CCT E010 = UNV 120 - 277V, 50/60Hz, 0-10V analog 100% to 5% dimming MW = Matte white Notes Notes Notes Notes Notes Accessories Accessories Overized Trim Ring HLB6ROTMW = Oversize trim ring for 6” housings Designer Trims LCR6TRMAH = 6” Haze, white flange LCR6TRMSC = 6” Specular, white flange LCR6TRMTBZ = 6” Tuscan bronze LCR6TRMWH = 6” Paintable white Mounting Frame HL6RSMF = 6” round and square mounting frame Extension Cable | seleCCTable Driver/Jbox HLB06FSEC – 6 ft. extension cable HLB12FSEC – 12 ft. extension cable HLB20FSEC – 20 ft. extension cable Icon Key: Δ Configurable Product Product Specifications Module • Module construction includes LED Array, reflector, lens, housing and heat sink where applicable • Integral aluminum heat sink provides passive thermal cooling achieving L70 at 50,000 hours in IC and non-IC applications LED Array • Mid power LED array provides a uniform source with high efficiency and no pixilation. • 90 CRI minimum, R9 greater than 50 • Color accuracy within 3 SDCM at the CCT endpoints and 4 SDCM in between endpoints, provide color accuracy and uniformity. • Correlated Color Temperature (CCT) has a selectable range from 2700K to 5000K (factory default 3000K) • Use the switch to choose between 2700K, 3000K, 3500K, 4000K, and 5000K CCT Optical Assembly • Regressed flat lens provides uniformity, UGR ≤ 10 • Exceeds ENERGY STAR® color angular uniformity requirements Remote Driver/Junction Box • Metal driver/junction box with captive hinged junction box cover. Listed for (6) #12 AWG 90˚C splice conductors, 2-in, 2-out plus (2) ground • (4) 1/2” conduit pry-outs • (2) Slide-N-Side™ non-metallic (NM) wire traps all accepts 14-2, 14-3, 12-2, 12-3 U.S and 14-2, 14-3, 12-2 Canadian NM cable • (3) 4-port push wire nuts with clear caps for quick and reliable mains voltage connections • Integral keyhole mounting slots facilitate direct mounting to building structure or new construction mounting frame Driver • Integral 120-277V, 50/60Hz constant current driver provides noise free operation • Continuous, flicker-free dimmer from 100% to 5% • Plenum rated inline electrical quick connect provides low voltage connection to fixture fitting Installation • Can be installed in 3/8” to 1-1/4” thick ceilings • Cutout can utilize standard round hole saw sizes, cutout template provided • Mousetrap springs hold fixture fitting securely in the ceiling eliminating light leaks • Can be removed from below the ceiling for service or replacement Mounting / Retention • The LCR6 requires no housing or third party junction box • The remote enclosure may be used in direct contact with insulation. • Installer must cut template out of drywall and install into aperture with the clips compressed. • When released, the mousetrap springs will rest on to the back side of the drywall • Not for installation in recessed cans Compliance • UL certified US and Canada • Wet location listed and IP64 ingress protection rated, covered ceiling only • Airtight per ASTM-E283-04 • Suitable for use in clothes closets when installed in accordance with the NEC 410.16 spacing requirements • EMI/RFI emissions per FCC 47CFR Part 15 consumer limits, CAN ICES-005(B)/NMB-005 (B) • Contains no mercury or lead and RoHS compliant • Photometric testing in accordance with IES LM-79-08 • Lumen maintenance projections in accordance with IES LM-80-08 and TM-21-11 • Can be used for State of California Title 24 high efficacy LED compliance under JA8, reference Modernized Appliance Efficiency Database System (MAEDBS) for 2019 JA8 High Efficacy Lighting • ENERGY STAR® certified, reference “Certified Light Fixtures” database Warranty • Five year limited warranty, consult website for details. www.cooperlighting.com LCR6 = 6” all- purpose round LED module 15 =1500 lumens (nominal)9FS =90 CRI minimum, field selectable CCT, S 90 C , CC , choose 2700K, 3000K, 3500K, 4000K or 5000K CCT E010 =UNV 120 - 277V, 50/60Hz, 0-10V analog 100% to 5% dimming% U0 % W =MMW Matte white= M LCR6 PS518042EN page 3 August 12, 2020 10:19 AM Photometric Data View IES files Note: Refer to IES files for more product data. 22CZ2-24-UNVL830-CD1-U Electronic Driver Linear LED 5000K Spacing criterion: (II) 1.23 x mounting height, (A) 1.23 x mounting height Lumens: 11493 Input Watts: 87.7W Efficacy: 131.1 LPW Test Report: 22CZ2-24-UNVL830- CD1-U.IES 22CZ2-24-UNVL830-CD1-U Electronic Driver Linear LED 5000K Spacing criterion: (II) 1.23 x mounting height, (A) 1.23 x mounting height Lumens: 11493 Input Watts: 87.7W Efficacy: 131.1 LPW Test Report: 22CZ2-24-UNVL830- CD1-U.IES 22CZ2-24-UNVL830-CD1-U Electronic Driver Linear LED 5000K Spacing criterion: (II) 1.23 x mounting height, (A) 1.23 x mounting height Lumens: 11493 Input Watts: 87.7W Efficacy: 131.1 LPW Test Report: 22CZ2-24-UNVL830- CD1-U.IES 0-deg 45-deg 90-deg 180°170°160°150° 140° 130° 120° 110° 100° 90° 80° 70° 60° 50° 40° 30°20°10°0° 855 641 427 214 0 0-deg 45-deg 90-deg 180°170°160°150° 140° 130° 120° 110° 100° 90° 80° 70° 60° 50° 40° 30°20°10°0° 1251 938 625 313 0 0-deg 45-deg 90-deg 180°170°160°150° 140° 130° 120° 110° 100° 90° 80° 70° 60° 50° 40° 30°20°10°0° 1632 1224 816 408 0 LCR6159FSE010MW Spacing criterion: (0-180) 1.14 (90-270) 1.14 (Diagonal) 1.21 Beam Angle: 86° Lumens: 1609 Input Watts: 15.85 W Efficacy: 101.5 LPW Test Report: LCR6159FSE010MW.IES LCR6219FSE010MW Spacing criterion: (0-180) 1.15 (90-270) 1.15 (Diagonal) 1.21 Beam Angle: 86° Lumens: 2348 Input Watts: 24.26 W Efficacy: 96.8 LPW Test Report: LCR6219FSE010MW.IES LCR6309FSE010MW Spacing criterion: (0-180) 1.14 (90-270) 1.14 (Diagonal) 1.21 Beam Angle: 86° Lumens: 3055 Input Watts: 29.41 W Efficacy: 103.9 LPW Test Report: LCR6309FSE010MW.IES Zonal Lumen Lumens % Lumens 0-30 633 39.3 0-40 996 61.9 0-60 1490 92.6 0-90 1607 99.9 Zonal Lumen Lumens % Lumens 0-30 921 39.2 0-40 1449 61.7 0-60 2172 92.5 0-90 2344 99.8 Zonal Lumen Lumens % Lumens 0-30 1200 39.3 0-40 1884 61.7 0-60 2823 92.4 0-90 3049 99.8 TM-30-15 Rf = 94 Rg = 99 CRI/CIE Ra = 95 R9 = 67 TM-30-15 Rf = 93 Rg = 99 CRI/CIE Ra = 95 R9 = 65 TM-30-15 Rf = 94 Rg = 100 CRI/CIE Ra = 96 R9 = 72 86° 86° 86° CCT - Range of 2700K- 5000K CCT - Range of 2700K- 5000K CCT - Range of 2700K- 5000K Tested in accordance with IES LM63. Field results may vary. Energy and Performance Data LCR6159FSE010MW 120V 277V Lumens 1613 @ 4000K Input Voltage 120-277V Input Frequency 50/60Hz Input Power 16.33W 16.45W Input Current 0.137A 0.067A Power Factor >0.90 THD <20% EMI/RFI FCC Title 47 CFR, Part 15, Class B CAN ICES-005(B) Sound Rating Class A Minimum Starting Temp -30°C (-22°F) LCR6219FSE010MW 120V 277V Lumens 2333 @ 3500K Input Voltage 120-277V Input Frequency 50/60Hz Input Power 25.08W 24.36W Input Current 0.211A 0.097A Power Factor >0.90 THD <20% EMI/RFI FCC Title 47 CFR, Part 15, Class B CAN ICES-005(B) Sound Rating Class A Minimum Starting Temp -30°C (-22°F) LCR6309FSE010MW 120V 277V Lumens 2999 @ 4000K Input Voltage 120-277V Input Frequency 50/60Hz Input Power 30.66W 30.28W Input Current 0.257A 0.115A Power Factor >0.90 THD <20% EMI/RFI FCC Title 47 CFR, Part 15, Class B CAN ICES-005(B) Sound Rating Class A Minimum Starting Temp -30°C (-22°F) LCR6 Cooper Lighting Solutions 1121 Highway 74 South Peachtree City, GA 30269 P: 770-486-4800 www.cooperlighting.com © 2020 Cooper Lighting Solutions All Rights Reserved. Specifications and dimensions subject to change without notice. PS518042EN page 4 August 12, 2020 10:19 AM Dimensional Details 1.61” [41mm] 2.83” [71.9mm] 1.68” [42.7mm] 6.42” [163mm] 2.42” [61.5mm] Ø 6.62” [168mm] 6.82” [173.2mm] 1500 lumen / 2100 lumen 3000 lumen 6.82” [173.2mm] Ø 6.62” [168.1mm] 3.78” [96.04mm] 4.23” [107.4mm] 6.42” [163mm] 2.01” [51mm] 2.09” [53mm] DSXB LED Series LEDs Drive current Color temperature Distribution Voltage Control options Other options Finish (required) DSXB LED Asymmetric 12C 12 LEDs1 Symmetric 16C 16 LEDs2 350 350 mA 450 450 mA 3,4 530 530 mA 700 700 mA 30K 3000 K 40K 4000 K 50K 5000 K AMBPC Amber phosphor converted AMBLW Amber limited wavelength 3,4 ASY Asymmetric 1 SYM Symmetric 2 MVOLT 5 120 5 208 5 240 5 277 5 347 4 Shipped installed PE Photoelectric cell, button type DMG 00-10v dimming wires pulled outside fixture (for use with an external control, ordered separately) ELCW Emergency battery backup6 Shipped installed SF Single fuse (120, 277, 347V) 4,7 DF Double fuse (208, 240V) 4,7 H24 24” overall height H30 30” overall height H36 36” overall height FG Ground-fault festoon outlet L/AB Without anchor bolts L/AB4 4-bolt retrofit base without anchor bolts 8 DWHXD White DNAXD Natural aluminum DDBXD Dark bronze DBLXD Black DDBTXD Textured dark bronze DBLBXD Textured black DNATXD Textured natural aluminum DWHGXD Textured white MRAB U Anchor bolts for DSXB 8 Accessories Ordered and shipped separately. D H Buy American D-Series LED Bollard Specifications Ordering Information Catalog Number Notes Type Introduction The D-Series LED Bollard is a stylish, energy- saving, long-life solution designed to perform the way a bollard should—with zero uplight. An optical leap forward, this full cut-off luminaire will meet the most stringent of lighting codes. The D-Series LED Bollard’s rugged construction, durable finish and long-lasting LEDs will provide years of maintenance-free service. Diameter:8” Round (20.3 cm) Height:42” (106.7 cm) Weight (max): 27 lbs (12.25 kg) One Lithonia Way • Conyers, Georgia 30012 • Phone: 800.279.8041 • www.lithonia.com © 2012-2021 Acuity Brands Lighting, Inc. All rights reserved. Hit the Tab key or mouse over the page to see all interactive elements. EXAMPLE: DSXB LED 16C 700 40K SYM MVOLT DDBXD NOTES 1 Only available in the 12C, ASY version. 2 Only available in the 16C, SYM version. 3 Only available with 450 AMBLW version. 4 Not available with ELCW. 5 MVOLT driver operates on any line voltage from 120-277V (50/60 Hz). Specify 120, 208, 240 or 277 options only when ordering with fusing (SF, DF options), or photocontrol (PE option). 6 Not available with 347V. Not available with fusing. Not available with 450 AMBLW. 7 Single fuse (SF) requires 120, 277, or 347 voltage option. Double fuse (DF) requires 208 or 240 voltage option. 8 MRAB U not available with L/AB4 option. DSXB LED 16C 16 LEDss2 350 350 mA 40K 4000 K SYM Symmetric 2 MVOLT 5 DSXB LED 16C 350 40K SYM MVOLT DXXXD Lifelong Wealth DD To see complete photometric reports or download .ies files for this product, visit Lithonia Lighting’s D-Series Bollard homepage. Photometric Diagrams Isofootcandle plots for the DSXB LED 700 40K. Distances are in units of mounting height (3’).Test No. LTL24360-2 tested in accordance with IESNA LM-79-08.5 3210 Test No. LTL24368 tested in accordance with IESNA LM-79-08.FEATURES & SPECIFICATIONS INTENDED USE The rugged construction and maintenance-free performance of the D-Series LED Bollard is ideal for illuminating building entryways, walking paths and pedestrian plazas, as well as any other location requiring a low-mounting-height light source. CONSTRUCTION One-piece 8-inch-round extruded aluminum shaft with thick side walls for extreme durability, and die-cast aluminum reflector and top cap. Die-cast aluminum mounting ring allows for easy leveling even in uneven areas and full 360-degree rotation for precise alignment during installation. Three ½” x 11” anchor bolts with double nuts and washers and 3-5/8” max. bolt circle template ensure stability. Overall height is 42” standard. FINISH Exterior parts are protected by a zinc-infused super durable TGIC thermoset powder coat finish that provides superior resistance to corrosion and weathering for maximum retention of gloss and luster. A tightly controlled multi-stage process ensures a minimum 3-mil thickness for a finish that can withstand the elements without cracking or peeling. Available in both textured and non-textured finishes. OPTICS Two 0% uplight optical distributions are available: symmetrical and asymmetrical. IP66 sealed LED light engine provides smoothly graduated illumination without uplight. Light engines are available in standard 4000 K (>70 CRI) or optional 3000 K (>80 CRI) or 5000 K (67 CRI). Limited-wavelength amber LEDs are also available. ELECTRICAL Light engines consist of high-efficacy LEDs mounted to metal-core circuit boards to maximize heat dissipation and promote long life (L95/100,000 hours at 700mA at 25°C). Class 2 electronic drivers are designed for an expected life of 100,000 hours with < 1% failure rate. Electrical components are mounted on a removable power tray. LISTINGS CSA certified to U.S. and Canadian standards. Light engines are IP66 rated. Rated for -40°C minimum ambient. Cold-weather emergency battery backup rated for -20°C minimum ambient. BUY AMERICAN This product is assembled in the USA and meets the Buy America(n) government procure- ment requirements under FARS, DFARS and DOT. Please refer to www.acuitybrands.com/ resources/buy-american for additional information. WARRANTY Five-year limited warranty. Complete warranty terms located at: www.acuitybrands.com/CustomerResources/Terms_and_conditions.aspx. Note: Actual performance may differ as a result of end-user environment and application. All values are design or typical values, measured under laboratory conditions at 25 °C. Specifications subject to change without notice. LEGEND 0.1 fc 0.5 fc 1.0 fc 3.0 fc 6.0 fc 4-1-3-4-5-2 532104-1-3-4-5-2 ASYSYM Lumen values are from photometric tests performed in accordance with IESNA LM-79-08. Data is considered to be representative of the configurations shown, within the tolerances allowed by Lighting Facts. Actual performance may differ as a result of end-user environment and application. Actual wattage may differ by +/- 8% when operating between 120-480V +/- 10%. Light Engines Drive Current System Watts 3000 K 4000 K 5000 K Limited Wavelength Amber Lumens LPW B UGLumens LPW B UGLumens LPW B UGLumens LPW B UG Asymmetric (12 LEDs) 350 16 1,19475 1 0 11,283 80 1 0 11,291 8110 1 530 22 1,719 78 1 0 11,847 8410 11,859 85 1 0 1 700 31 2,173 70 1 0 1 2,335 75 1 0 1 2,349 76 1 0 1 Amber 450 16 348221 0 1 Symmetric (16 LEDs) 350 20 1,558 78 1 00 1,674 84100 1,685 84100 530 28 2,232 80 2 0 1 2,397 86 2 0 1 2,41286201 700 39 2,802 72201 3,009 77 201 3,028 78201 Amber 450 20 4192110 1 Current (A) Light Engines Drive Current (mA) System Watts 120 208 240277 347 12C 350 16W 0.158 0.1180.114 0.109 0.105 530 22W 0.217 0.1460.136 0.128 0.118 700 31W 0.296 0.185 0.168 0.153 0.139 Amber 450 16W 0.161 0.120 0.1150.1100.106 16C 350 20W 0.197 0.137 0.128 0.121 0.114 530 28W 0.282 0.1780.162 0.1480.135 700 39W 0.385 0.231 0.207 0.185 0.163 Amber 450 20W 0.199 0.139 0.130 0.123 0.116 Electrical LoadProjected LED Lumen Maintenance Data references the extrapolated performance projections for the platforms noted in a 25°C ambient, based on 10,000 hours of LED testing (tested per IESNA LM-80-08 and projected per IESNA TM-21-11). To calculate LLF, use the lumen maintenance factor that corresponds to the desired number of operating hours below. For other lumen maintenance values, contact factory. Operating Hours 025,000 50,000 100,000 Lumen Maintenance Factor 1.00 0.98 0.97 0.95 0 -4 -3 -2 -1 -5 2 3 4 5 1 0 -4 -3 -2 -1 -5 2 3 4 5 1 Note: Available with phosphor-converted amber LED’s (nomenclature AMBPC). These LED’s produce light with 97+% >530 nm. Output can be calculated by applying a 0.7 factor to 4000 K lumen values and photometric files. Performance Data One Lithonia Way • Conyers, Georgia 30012 • Phone: 800.279.8041 • www.lithonia.com © 2012-2021 Acuity Brands Lighting, Inc. All rights reserved. DSXB-LED Rev. 3/12/21 © 2016 Axis Lighting Inc. 1.800.263.2947 [T] 514.948.6272 Product design and development is an ongoing process at $[LV/LJKWLQJ:HUHVHUYHWKHULJKWWRFKDQJHVSHFLÀFDWLRQV Contact Axis for the latest product information. 1 / 4 FILE NAME:WBW.LED-B3.SPEC February 24, 2021 axislighting.com Notes Type Project WALL MOUNT 3 1/16” 3 3/8” 4” 4 3/8” 5LED BO A R D & DRI V ERL U MINAIREWARRANTY YEAR Ordering Guide PERFORMANCE PER LINEAR FOOT AT 3500K NOMINAL LUMEN OUTPUT INPUT WATTS* EFFICACY 500 lm/ft 4.75 W/ft 104 lm/W 900 lm/ft 9.9 W/ft 91 lm/W Please consult factory for custom lumen output and wattage. WBWLED S PRODUCT ID NOM.LUMENS/FT CRI COLOR TEMP. SHIELDING LENGTH (FT) WBWLED Wall Direct LED 500 500 lm/ft - Minimum 80 80 CRI 27 2700 K S satin lens 2 2’ 900 900 lm/ft - Maximum 90 90 CRI 30 3000 K 3 3’ 35 3500 K 4 4’ 40 4000 K 5 5’ 8 8’ S#system run Outputs between listed min and max are available. Consult factory for outputs outside of the listed range. FINISH VOLTAGE DRIVER CIRCUITS BATTERY (OPTIONAL) AP aluminum paint 120 120 V DP dimming (0-10V) 1%1 1 circuit B#battery pack (integral) W white 277 277 V LT(#)Lutron *2 2 circuits BLK black 347 347 V BI bi-level dimming +E(#)emergency circuit(3) C custom UNV universal O(#)other **+NL(#)night light circuit(3) DC low voltage*POE(#)POE drivers*+GTD(#)generator transfer device(3) * Only available with POE drivers. * Operating up to -20°C; Specify system ** Please consult factory; see page 2 (3) Specify quantity Not available with 347V Please consult factory OTHER (OPTIONAL)IC CONTROLS (OPTIONAL) CUSTOM (OPTIONAL) F fuse (4)OS#occupancy sensor C custom BF back feed*EN Enlighted integral N natatorium finish WC#wireless control dimming (4) Requires 120V or 277V; * See page 2 for more details. See integrated controls guide for further details Please consult factory Please specify CONTROL SENSORS WBWLED Wall Direct LED 600 600 lm/ft 80 80 CRI 40 4000 K S satin lens 4 4’ UNV universal DP dimming (0-10V) 1%1 1 circuit WBWLED-600-40-SO-4-STD FINISH-UNV-DP-1 Lifelong Wealth FF © 2016 Axis Lighting Inc. 1.800.263.2947 [T] 514.948.6272 Product design and development is an ongoing process at $[LV/LJKWLQJ:HUHVHUYHWKHULJKWWRFKDQJHVSHFLÀFDWLRQV Contact Axis for the latest product information. 2 / 4 FILE NAME:WBW.LED-B3.SPEC February 24, 2021 axislighting.com ELECTRICAL Lutron driver*LDE1 - Hi-lume 1% EcoSystem with Soft-on, Fade-to- BlackLDE5 - 5-Series EcoSystemLTEA - Hi-lume 1% 2-wire (120V forward phase only) *Consult factory Other drivers**DALI - Digital Addressable Lighting InterfaceDMX - Digital MultiplexLV - line voltage - Advance Mark 10Xitanium SR - For wireless sensor Power over EthernetPOE drivers* UL2108 certified for integral or remote driver MOLEX IGORO - Other (Consult factory) Emergency Integral emergency battery pack or emergency circuit optional. Input Voltage 120V, 277V, 347V, UNV. ,QFRUSRUDWLQJWKHVHFRPSRQHQWVPD\KDYHOLPLWDWLRQVRUDරHFWWKH length of the luminaire. Please contact factory for more details. WALL MOUNT 5RZFRQÀJXUDWLRQVSHFLÀFDWLRQVKHHWVDQGPRXQWLQJVSDFLQJJXLGHVDUHDYDLODEOHIRUGRZQORDGDWZZZD[LVOLJKWLQJFRP OTHER MOUNTING OPTIONS WET BEAM4 LED is available with recessed horizontal, recessed vertical, pendant, and surface mounted options. MOUNTING OPTIONS adjustable mounting point spacing (center on wall studs if possible) 51 1/2" SIDE VIEW 11/2" 4" END VIEW JOINER SYSTEM Wet BEAM4 LED modular system consists of smaller modules joined and gasketted together allowing for system runs in lengths of 4' and 8' as well as custom lengths up to 12'. )RUFRQWLQXRXVURZVDOORZIRUFRQQHFWRUVEHWZHHQHDFKÀ[WXUH WARRANTY Axis Lighting will warrant defective LEDs, boards, and drivers for 5 years from date of purchase. Warranty is valid if OXPLQDLUHLVLQVWDOOHGDQGXVHGDFFRUGLQJWRVSHFLÀFDWLRQV If defective, Axis will send replacement boards or drivers at no cost along with detailed replacement instructions and instructions on how to return defective components to Axis. APPROVALS &HUWLÀHGZHWORFDWLRQVWR8/DQG&6$VWDQGDUGV WEIGHT Wall 4 ft 12.8 lbs / 5.8 kg Wall 8 ft 24.5 lbs / 11.1 kg FINISH $OXPLQXPSDLQWSRZGHUFRDWHGDQGFXVWRPÀQLVKHVDUHDOVR available. GASKETTED FIXTURE With its gasketted end cap and lens the Wet BEAM4 LED is PDGHIRUZHWORFDWLRQVDQGLVLGHDOIRUH[WHULRUVR඼WVDQG canopies of malls, hospitals and other institutions. POWER FEED EF END FEED STANDARD BF BACK FEED OPTIONAL LED SYSTEM CRI Minimum 80 or 90 color rendering index. CCT Choice of 2700K, 3000K, 3500K and 4000K color temperature with a great color consistency (within 3– step MacAdam ellipse). Both within fixture and fixture to fixture. LED life Minimum 50,000h with 85% of lumen maintenance in 250C ambient temperature, in compliance with IES LM-80 testing measurements. Thermal Management Aluminum housing acting as the heat sink to maximize life. CONSTRUCTION Housing Extruded aluminum (0.062'' nominal) Up to 70% recycled content End Cap Die cast zinc (0.070" nominal) Interior Brackets Die formed sheet steel (16 gauge) Gaskets Moulded elastomer (0.100" nominal) Lens Gaskets Extruded elastomer (0.045" nominal) Satin Lens Extruded Polycarbonate OPTICS SATIN LENS Extruded Polycarbonate S satin lens © 2016 Axis Lighting Inc. 1.800.263.2947 [T] 514.948.6272 Product design and development is an ongoing process at $[LV/LJKWLQJ:HUHVHUYHWKHULJKWWRFKDQJHVSHFLÀFDWLRQV Contact Axis for the latest product information. 3 / 4 FILE NAME:WBW.LED-B3.SPEC February 24, 2021 axislighting.com WALL MOUNT PHOTOMETRIC DATA $OO,(6ÀOHVDUHDYDLODEOHIRUGRZQORDGDWZZZD[LVOLJKWLQJFRP Luminaire Lumens: 500 lm/ft Input Watts: 4.75 W/ft Efficacy: 104 lm/W ,(6),/(:%:/('6,(6 TESTED ACCORDING TO IES LM-79-2008 Luminaire Lumens: 750 lm/ft Input Watts: 8.3 W/ft Efficacy: 90 lm/W ,(6),/(:%:/('6,(6 TESTED ACCORDING TO IES LM-79-2008 0° 15°15° 30° 45° 60° 75° 90° 45 60 75 90 ° ° ° ° ° 30 177 354 530 707 0° 90° 0° 15°15° 30° 45° 60° 75° 90 30° 45° 60° 75° 90° 265 530 796 1061 0° 90° 500 lm/ft 750 lm/ft Horizontal Angles Vertical Angle 0 22.5 45 67.5 90 0 704 704 704 704 704 5 697 701 700 703 706 15 672 677 677 679 682 25 623 626 627 628 631 35 552 555 555 554 555 45 465 466 466 465 465 55 363 365 364 362 361 65 249 250 249 246 244 75 129 130 126 123 121 85 29 25 20 17 16 90 00000 CANDELA DISTRIBUTION Horizontal Angles Vertical Angle 0 22.5 45 67.5 90 0 1056 1056 1056 1056 1056 5 1046 1052 1050 1055 1059 15 1008 1016 1016 1019 1023 25 935 939 941 942 947 35 828 833 833 831 833 45 698 699 699 698 698 55 545 548 546 543 542 65 374 375 374 369 366 75 194 195 189 185 182 85 44 38 30 26 24 90 00000 CANDELA DISTRIBUTION LUMINANCE DATA (cd/m2 ) Horizontal Angles Vertical Angle 04590 45 5567 5579 5567 55 5357 5372 5328 65 4987 4987 4887 75 4219 4121 3957 85 2817 1942 1554 LUMINANCE DATA (cd/m2 ) Horizontal Angles Vertical Angle 04590 45 8350 8368 8350 55 8036 8058 7992 65 7481 7481 7331 75 6329 6181 5936 85 4225 2914 2331 ZONAL LUMENS Lumens Zone 0 0-10 67 10-20 191 20-30 289 30-40 347 40-50 359 50-60 324 60-70 245 70-80 133 80-90 28 90 ZONAL LUMENS Lumens Zone 0 0-10 100 10-20 287 20-30 433 30-40 520 40-50 539 50-60 486 60-70 368 70-80 200 80-90 43 90 PHOTOMETRIC CURVE PHOTOMETRIC CURVE © 2016 Axis Lighting Inc. 1.800.263.2947 [T] 514.948.6272 Product design and development is an ongoing process at $[LV/LJKWLQJ:HUHVHUYHWKHULJKWWRFKDQJHVSHFLÀFDWLRQV Contact Axis for the latest product information. 4 / 4 FILE NAME:WBW.LED-B3.SPEC February 24, 2021 axislighting.com WALL MOUNT Luminaire Lumens: 900 lm/ft Input Watts: 9.9 W/ft Efficacy: 91 lm/W ,(6),/(:%/('6,(6 TESTED ACCORDING TO IES LM-79-2008 0° 15°15° 30° 45° 60° 75° 90 30° 45° 60° 75° 90° 321 642 962 1283 0° 90° 900 lm/ft Horizontal Angles Vertical Angle 0 22.5 45 67.5 90 0 1278 1278 1278 1278 1278 5 1265 1272 1271 1276 1281 15 1220 1229 1229 1232 1238 25 1131 1136 1138 1140 1145 35 1002 1007 1007 1006 1007 45 844 846 846 844 844 55 659 662 661 657 655 65 452 454 452 446 443 75 234 236 229 223 220 85 53 45 36 31 29 90 00000 CANDELA DISTRIBUTION LUMINANCE DATA (cd/m2 ) Horizontal Angles Vertical Angle 04590 45 10104 10125 10104 55 9723 9750 9670 65 9052 9052 8870 75 7658 7480 7183 85 5112 3526 2821 ZONAL LUMENS Lumens Zone 0 0-10 121 10-20 347 20-30 524 30-40 629 40-50 652 50-60 589 60-70 445 70-80 242 80-90 52 90 PHOTOMETRIC CURVE PHOTOMETRIC DATA $OO,(6ÀOHVDUHDYDLODEOHIRUGRZQORDGDWZZZD[LVOLJKWLQJFRP ALL DIMENSIONS AND CONDITIONS MUST BE CHECKED AND VERIFIEDON SITE BY THE CONTRACTOR AND SUB-CONTRACTORS. THE PROJECTMANAGER SHALL BE NOTIFIED IN WRITING OF ANY DISCREPANCIESPRIOR TO PROCEEDING WITH THE WORK.© NELSON 2015 ALL RIGHTS RESERVEDSheet Title:Designer:Seal:Consultant: Civil Engineering and Landscape Architecture1201 Marquette Avenue South, Suite 200Minneapolis, MN. 55403Phone: (612) 822-1211Fax: (612) 822-1006Project Manager:Reviewed By:Approved By:Project No:Drawn By:ARDEN HILLS, MNDescription: No: By: Date:------------------------07/6/151501 S Washington AveMinneapolis, MN 55454Phone: (612)238-2166Date: License No.I hereby certify that this plan was prepared by me or under mydirect supervision and that I am a duly licensed PROFESSIONALENGINEER under the laws of the State of Minnesota.Phone (952) 937-5150 7699 Anagram DriveFax (952) 937-5822 Eden Prairie, MN 55344(888) 937-5150City Submittal 0 PDS07/24/15City Comments 1 PDS08/14/15Watershed Comments 2 GAS7/23/2015 2:50:34 PM P:\0006682.00\dwg\Civil\0006682spPUDCS-03OVERALL PUD SITE PLANPDS/GASPDS/GASPDS/GASRAH0006682.00PDS25'0 50' 100'Scale: 1" = 50'-0"xxxxxxxxxxxxxxxxxx4301908/14/15Gretchen A. Schroeder Attachment H City of Arden Hills Planning Commission Meeting for June 9, 2021 P:\Planning\Planning Cases\2021\21-014 Lifelong Wealth Advisors Page 1 of 11 PC AGENDA ITEM – 3.D MEMORANDUM DATE: June 9, 2021 TO: Planning Commission Chair and Commissioners FROM: Jane Kansier, AICP, Planning Consultant Corrin Bemis, Planning Consultant SUBJECT: Planning Case: 21-014 – Public Hearing Required Applicant: Lifelong Wealth Advisors, represented by U+B Architecture and Design, Inc. Property Address: 1150 County Road E Request: Master Plan Planned Unit Development Requested Action U+B Architecture and Design, Inc., on behalf of Lifelong Wealth Advisors has submitted an application for a Master Plan Planned Unit Development. The Applicant is requesting to construct a single story 5,600 square foot building with associated parking lot. The property is located at 1150 County Road E and is zoned B-2, General Business District, and is designated as Community Mixed Use (CMU) in the 2040 Comprehensive Land Use Plan. Background 1. Existing Site Conditions: The proposed development site is approximately 0.64 acres in size and is currently vacant. The property owner is Arden Plaza, LLC, managed by Wellington Management. The Applicant is proposing to construct a new corporate headquarters for Financial Wealth Advisors at Arden Plaza. The Applicant is proposing to utilize the existing access road off of County Road E. An access point to the parking lot will be located on the South side of the property. At their May 17, 2021 meeting the City Council reviewed a concept plan for this development. A Master Plan PUD for Arden Plaza was approved in 2009. The original plan included 4 new buildings. Subsequent amendments reduced the number of new buildings to 3: Walgreens, the Tavern Grill, and a future building on Lot 2. In 2016, the City Council approved an amendment to the PUD to allow a neighborhood medical clinic on Lot 2, but the clinic chose not to build on the site. Attachment I City of Arden Hills Planning Commission Meeting for June 9, 2021 P:\Planning\Planning Cases\2021\21-014 Lifelong Wealth Advisors Page 2 of 11 2. Surrounding Area: Direction 2040 Comp. Plan Land Use Zoning Existing Land Uses North CMU - Community Mixed Use B-2 General Business District Mixed Use Residential Retail or Other Commercial South CMU - Community Mixed Use County Road E W ROW B-2 General Business District Retail or Other Commercial East CMU - Community Mixed Use B-2 General Business District Retail or Other Commercial West CMU - Community Mixed Use B-2 General Business District Office 3. Site Data: 2040 Future Land Use Plan: CMU - Community Mixed Use Existing Land Use: Vacant parcel Zoning: B-2 General Service District Lot Size: 0.64 acres Topography: The site is largely flat. There is about a 4’ difference between the lowest elevation and the highest elevation. 4. Comprehensive Plan: The Subject Property is guided as Community Mixed Use (CMU) in the Arden Hills 2040 Comprehensive Plan Land Use Chapter. The area is designated for a broad range of retail, shopping, services, and office space to meet the needs of the community and surrounding areas. This area may also include high density housing with a potential density of twelve (12) to twenty City of Arden Hills Planning Commission Meeting for June 9, 2021 P:\Planning\Planning Cases\2021\21-014 Lifelong Wealth Advisors Page 3 of 11 (20) units per acre. The expected share of uses within this area are as follows: 10% to 50% Light Industrial; 10% to 70% Retail; 10% to 70% Office; and 10% to 50% Residential. A development intensity of up to 0.8 FAR may be allowed. The Subject Property is falls within the Guiding Plan for the B-2 District. This includes a long- term vision for the future redevelopment of this corridor and addresses transportation issues, land uses, infrastructure improvements, landscaping, pedestrian facilities, building design, and site layout among other issues. While the primary uses along this corridor are likely to remain retail, commercial, and office, the Guiding Plan and subsequent land use changes add the possibility for multi-family residential housing in this area. Approvals: 1. Master Planned Unit Development Proposals for new construction, redevelopment of a site, and significant modifications to existing sites shall use the Planned Unit Development (PUD) process. The PUD proposal shall identify any requested modifications from the applicable zoning requirements and from the "Guiding Plan for the B2 District" as well as the reasons why the modifications would be in the public interest and would be consistent with the purpose of the B-2 District. Modifications to these requirements may be granted by the City without a variance through the PUD process. City of Arden Hills Planning Commission Meeting for June 9, 2021 P:\Planning\Planning Cases\2021\21-014 Lifelong Wealth Advisors Page 4 of 11 Proposed Use: U+B Architecture and Design, Inc., on behalf of Lifelong Wealth Advisors (“Applicant”) has submitted an application for a Master Planned Unit Development, proposing to develop the 27,853 square foot vacant parcel located at 1150 County Road E. The applicant is proposing to develop the site with a new single story 5,600 square foot building with private offices, conference rooms, and a break room. The property is currently zoned B-2 (General Business District), which permits financial institutions & services as well as offices. The facility will operate under standard 9 to 5 business hours. The applicant is anticipating a total of 12 full-time employees at the site. Plan Evaluation: 1. Chapter 13, Zoning Code Review Section 1320 – District Provisions A. Floor Area Ratio (FAR), Building Coverage, and Landscaping – Meets Requirements The Zoning Code requirements for properties in the B-2 District allows a maximum FAR of 0.8, a maximum building footprint of 45% and a minimum landscaped lot area of 20 percent. Landscaping is defined as all plantings, including trees, grass, and shrubs. The table below identifies the proposed percentages. Proposed (PCT) Permitted (B-2 District) Floor Area Ratio 0.56 0.8 Lot Coverage 19.9% Max. of 45% Landscape Coverage 32.0% Min. of 20% B. Height – Meets Requirements The maximum building height in the B-2 District is 50 feet. The proposed building height would be 17 feet. C. Setbacks – Meets Requirements Setbacks in the B-2 District are 20 feet for the front yard, 10 feet for the side yard with minimum of 20 feet total for both side yards, and 20 feet for the rear yard. The table below identifies the required and proposed setbacks. Ordinance Requirements B-2 District Standards Proposed Development Minimum Front Yard Setback 20 feet 45.58 feet Minimum Rear Yard Setback 20 feet Complies – greater than 20 feet Minimum Side Yard Setback 10 feet (min)/20 feet (total) 11.06 feet (West) & 18.98 feet (East) Minimum Rear Yard Setback (Accessory Structures) 10 feet N/A City of Arden Hills Planning Commission Meeting for June 9, 2021 P:\Planning\Planning Cases\2021\21-014 Lifelong Wealth Advisors Page 5 of 11 Section 1325 – General Regulations A. Landscaping and Tree Preservation – Section 1325.05 Subd. 1 and 1325.055 Minimum Caliper Inches and Tree Mitigation – Meets Requirements Section 1325.05 Subd. 1, F of the City Code requires a minimum total caliper inches per 320 square feet of each building floor. The proposed building will be a single-story 5,600 square foot, requiring a total of 17.5 caliper inches of trees. The applicant is proposing 18 total caliper inches of River Birch trees, three trees at 2.5 caliper inches and three trees 3.5 caliper inches. The Applicant is not requesting flexibility on landscaping. Trees along Street Frontage – Meets Requirements There are 3 existing deciduous trees along the north street frontage and 7 existing deciduous trees along the west street frontage. This meets the minimum requirement of 1 tree per each 50’ of street frontage. Perennials and Shrubberies – Meets Requirements The Zoning Code requires a minimum of 10 percent of the total landscaped area to be covered with perennials and/or shrubbery. The total landscaped area on the site is 8,337 square feet, resulting in the need for a minimum of 834 square feet of perennial and shrubbery cover. The applicant is proposing shrubbery along the front entry to the building, on the east and west sides of the building, and in a retention pond in the southwest corner of the parcel. Planting Islands – Requesting Flexibility The applicant is proposing one planting island in the center of the parking lot, populated with grasses and other plants. Section 1325.05 Subd. 1, F requires planting islands to be a minimum of 150 square feet in area and include at least one tree. The proposed planting island is approximately 100 square feet in area and does not include a tree. Tree Selection – Meets Requirements The existing landscape plan includes a variety of plant species, river birch trees, glasses, perennial flowers, and shrubs. This is consistent with ordinance requirements. B. Drainage Wetlands and Flood Plain – Section 1325.05 Subd. 2 – Meets Requirements The city code requires stormwater management be provided to meet water quantity, infiltration, and water quality requirements. The applicant is proposing a flood control basin in the southwest corner of the parcel. The applicant is responsible for getting approval from the Rice Creek Watershed District. C. Lighting – Section 1325.05 Subd. 3 – Meets Requirements The applicant is proposing one light pole in the planting island in the center of the parking lot and 15 wall mounted lights near the entrances of the building. Section 1325.05 Subd. 3 states cast light shall not exceed a meter reading of one foot candle on the travel lanes of adjoining public streets or 0.4 foot candles on adjoining residential property. The proposed lighting plan does not exceed 0.4 foot candles at any property line. City of Arden Hills Planning Commission Meeting for June 9, 2021 P:\Planning\Planning Cases\2021\21-014 Lifelong Wealth Advisors Page 6 of 11 D. Screening – Section 1325.05 Subd. 4 - Meets Requirements The mechanical equipment for the building will be located on the roof and will be screened from view. The applicant is proposing screening to match exterior material colors. E. Additional Design Standards in the B-2 District - Section 1325.05, Subd. 8 Building Positioning – Flexibility Requested The applicant is requesting flexibility of design requirements for the B-2 District. The Applicant is proposing to situate the building on the North side of the parcel with the front of the building facing south, away from County Road E. Section 1325.05 Subd. 8, E of the Arden Hills City Code states “at least fifty percent (50%) of the largest building on each site shall be constructed at the front setback line.” The applicant is requesting flexibility on this requirement, as they are not proposing to place the building at either the 20 foot setback line from County Road E or the setback line from the internal property line facing Arden Plaza. Trash Pick Up – Meets Requirements The Applicant is proposing a dual bin trash enclosure, situated at the Northeast corner of the parking lot. Section 1325.05 Subd. 8, K requires trash and recycling equipment, materials, and containers to be fully enclosed and integrated into the architecture of the building. The two trash bins will be enclosed using Burnished Block. Building Elevations – Flexibility Requested The Applicant is requesting flexibility on Commercial Façade Transparency. Section 1325.05 Subd. 8, F of the City Code states fifty percent (50%) of all first level building facades that front City of Arden Hills Planning Commission Meeting for June 9, 2021 P:\Planning\Planning Cases\2021\21-014 Lifelong Wealth Advisors Page 7 of 11 a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. The proposed north elevation, facing County Road E, has 37% windows. As these spaces are offices and a conference room that require some level of privacy, the Applicant is requesting flexibility to allow 37% transparency. Section 1325.05 Subd. 8, D of the City Code requires at least seventy-five percent (75%) of the exterior building materials be of brick masonry, tile masonry, natural stone, decorative concrete plank, transparent glass or any combination thereof. The majority of the proposed elevations will be constructed out of patterned cement rainscreen, anchored stone masonry veneer, and transparent glass. City of Arden Hills Planning Commission Meeting for June 9, 2021 P:\Planning\Planning Cases\2021\21-014 Lifelong Wealth Advisors Page 8 of 11 Pedestrian and Bicycle Circulation – Meets Requirements Section 1325.05 Subd. 8, P states new building construction shall include construction of a minimum of six (6) foot concrete sidewalk adjacent to or in all right-of-way. The sidewalks on the north and west sides of the property are eight (8) foot concrete paths that conform to zoning requirements, and these will remain in place. The existing trial on the south side of the property is a five (5) foot bituminous pavement trail and does not conform to zoning requirements. The applicant is proposing to replace this trail with a (6) foot concrete sidewalk. The Applicant is proposing a bicycle rack northwest of the proposed parking lot. The proposed bike rack conforms to zoning requirements in Section 1325.05 Subd, 8, Q. Parking – Flexibility Requested The applicant is requesting flexibility of parking requirements. Parking will be located south of the proposed building. Section 1325.06 of the City Code requires 1 parking stall for each 250 square feet of gross floor area for a business & professional office. The proposed building will be 5,600 square feet, meaning 23 parking stalls are required. The applicant is proposing 20 parking stalls, with proof of parking for an additional 3 stalls indicated. These 3 stalls could be added in the future by reconfiguring the southwest corner of the site and parking lot. 2. Sign Code – Chapter 12 This property is located in Sign District 4. Section 1240.02 of the City Codes states that the total sign copy area in District 4 shall be a maximum of 50 square feet and allows wall signs to be externally lit, internally lit, or backlit. Wall Signs – Meets Requirements The Applicant is proposing two wall signs on the South and North elevations of the building. Both proposed signs are less than 25 square feet in area and will be backlit. The Applicant is not requesting flexibility on signage. Plan Evaluation Summary The table below provides the performance standards for the B-2 District and the preliminary analysis for the proposed development: City of Arden Hills Planning Commission Meeting for June 9, 2021 P:\Planning\Planning Cases\2021\21-014 Lifelong Wealth Advisors Page 9 of 11 Ordinance Requirements B-3 District Standards Proposed Development Maximum Floor Area Ratio (FAR) 0.8 Approx. 0.56 Maximum Building Height 50 feet 17 feet Maximum Structure Coverage 45% 19.9% Minimum Landscape Lot Area 20% 32.0% Minimum Front Yard Setback 20 feet 45.58 feet Minimum Rear Yard Setback 20 feet Complies – greater than 20 feet Minimum Side Yard Setback 10 feet (min)/20 feet (total) 11.06 feet (West) & 18.98 feet (East) Minimum Parking Requirements 23 total stalls 20 total stalls Building Positioning 50% constructed at the front setback line 0% Building Façade 50% transparency at front 37% Building Materials 75% brick, tile, natural stone, decorative concrete, transparent glass or any combination thereof 100% patterned cement rainscreen, anchored stone masonry veneer, and transparent glass. Planting Islands 150 square feet with at least 1 tree Approximately 100 square feet with only grasses and other plantings Suggested Findings of Fact Staff offers the following findings of fact for consideration: 1. The property located at 1150 Country Road E is zoned B-2 – General Business District and is located within the Master Plan PUD for Arden Plaza. 2. The property located at 1150 Country Road E is guided as Community Mixed Use in the Arden Hills 2040 Comprehensive Plan Land Use Chapter. 3. The applicant has requested a Master PUD to construct a single-story 5,600 square foot financial service office on the existing vacant lot. 4. The B-2 District permits financial institutions & services as well as offices. 5. The PUD substantially conforms with the requirements of the City Code. 6. Where the plan is not in conformance with the City Code, flexibility has been requested by the applicant and/or conditions have been placed on an approval that would mitigate the nonconformity. 7. Flexibility through the PUD process has been requested in the following areas: parking requirements, front setback line, building elevations, and planting islands. 8. The proposed development plan meets or exceeds the minimum requirements of the City Code in the following areas: district provisions, minimum caliper inches, drainage, lighting, screening, trash pickup, pedestrian and bicycle circulation, and signage. 9. All new developments or redevelopments in the B-2 district require a planned unit development. 10. The adjacent properties on all sides are zoned B-2 and are guided as Community Mixed Use in the Arden Hills 2040 Comprehensive Plan. 11. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. 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. City of Arden Hills Planning Commission Meeting for June 9, 2021 P:\Planning\Planning Cases\2021\21-014 Lifelong Wealth Advisors Page 10 of 11 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 21- 014 for a Master Planned Unit Development at 1150 County Road E, based on the findings of fact based on the findings of fact and submitted plans, subject to the following conditions: 1. All conditions of the original Planned Unit Development shall remain in full force and effect. 2. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to the plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 3. The Planned Unit Development approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. 4. Prior to the issuance of a grading permit, the Applicant shall enter into a Development Agreement. 5. All disturbed boulevards shall be restored with sod. 6. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 7. The proposed structures shall conform to all other regulations in the City Code. 8. A Grading and Erosion permit shall be obtained from the city’s Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, and Ramsey County prior to the start of any site activities. 9. Any future trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 10. The Applicant shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. 11. Prior to the issuance of a building permit, a landscape financial security equal to 125% of the cost of the landscaping to be installed on the site shall be submitted. The Applicant must submit a detailed cost estimate for the landscaping so staff can determine the final amount. Landscape financial security shall be held for two full growing seasons. 12. This approval does not include signs. A separate sign permit is required for all proposed signage. All signage shall meet the requirements of Sign District 4. 13. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 14. Prior to the issuance Grading and Erosion permit, the Engineering Department shall review and approve final grading and utility plans in writing. 15. The property owners shall complete snow removal, maintenance and replacement of all proposed sidewalks and trails unless a written agreement between the City and owner establishes a different requirement. City of Arden Hills Planning Commission Meeting for June 9, 2021 P:\Planning\Planning Cases\2021\21-014 Lifelong Wealth Advisors Page 11 of 11 2. Recommend Approval without Conditions: Motion to recommend approval of Planning Case 21-014 for a Master Planned Unit Development at 1150 County Road E, based on the findings of fact and submitted plans in the June 9, 2021, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 21-014 for a Master Planned Unit Development at 1150 County Road E, based on the following findings of fact: the Planning Commission should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 21-014 for a Master Planned Unit Development at 1150 County Road E, for the following reasons: the Planning Commission should identify a specific reason and/or information request should be included with a motion to table. Notice and Public Comments Notice was published in the Pioneer Press on May 28, 2021. Notice was prepared by the City and mailed to property owners within 500 feet of the subject property. Staff has not received any letters, e-mails, or telephone calls from property owners or residents. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on May 20, 2021. Pursuant to Minnesota State Statute, the City must act on this request by July 19, 2021 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Attachments A. Applicant’s Written Statement B. Location Map C. Civil and Landscaping Plans D. Architectural Plans E. Renderings of Building F. Exterior Material Images G. Photometric Plan H. Master PUD Site Plan ARDEN HILLS PLANNING COMMISSION – June 9, 2021 12 2. The Conditional Use Permit approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. 3. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 4. The hours of operation for the coffee bar shall be one hour prior to the church service until one hour after the church service. 5. Use of the premises for a day care shall be subject to approval of a separate permit. 6. All signs must conform to the signage requirements for Sign District 7. 7. The use of the lease space is subject to all zoning ordinance requirements. Individual uses are subject to separate permits. 8. Prior to occupancy of the site, the applicant must receive building permits for all additions and modifications to the building. 9. The Applicant shall be financially responsible for all and any fees applicable to the change in use, including but not limited to, building permit fees and water and sanitary charges. Planning Consultant Kansier reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Jones questioned how the applicant was coming up with 2,400 square feet of new paved area. Planning Consultant Kansier explained the area on the south side of the building at the south entrance would be paved. Commissioner Jones asked if the Council would consider a payment in lieu of taxes for a non- profit moving onto this property. Chair Vijums anticipated this would be a discussion held by the City Council. Commissioners Jones inquired if the lease spaces would be to other non-profits. He explained he was paying high taxes in the City and expressed concern with turning this property over to a non-profit. Commissioner Subramanian stated he appreciated the comments made by Commissioners Jones and he wondered how much tax income the City would be losing by allowing a non-profit to move into this property. Attachment J ARDEN HILLS PLANNING COMMISSION – June 9, 2021 13 Chair Vijums reported the Planning Commission was a zoning commission and not a tax obligation group. Councilmember Holmes explained Planning Consultant Kansier made the City Council aware of the fact there was a federal law that protects houses of worship and one thing that cannot be considered is taxes. She commented further on the matters that could be considered, which involved traffic and noise. She stated houses of worship have special provisions and the City has to give differential consideration under this law. Commissioner Weber asked if the applicant was attending the meeting. Tom Goodrum, representative for the applicant, introduced himself to the Commission and stated he was available for questions. Commissioner Weber questioned if the sign would require a variance. Mr. Goodrum reported he would not require a variance for the sign as it would be adjusted to meet City Code requirements. Chair Vijums opened the public hearing at 8:24 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. There being no comment Chair Vijums closed the public hearing at 8:24 p.m. Chair Vijums stated he appreciated how churches were seeking vacant buildings within the community in order to meet their communities’ needs. He believed this was a great use of the space. Commissioner Weber agreed. Commissioner Jones commented he did not object to this use moving into the property but noted the City has a large amount of government and religious facilities in the community. He stated at this time, he would not be able to support the proposed development. Councilmember Holmes discussed the federal law pertaining to houses of worship and explained the City does not have a whole lot of latitude regarding this request. Commissioner Weber moved and Commissioner Subramanian seconded a motion to recommend approval of Planning Case 21-013 for a Conditional Use Permit at 1275 Red Fox Road, based on the findings of fact based on the findings of fact and submitted plans, subject to the nine (9) conditions in the June 9, 2021, report to the Planning Commission. A roll call vote was taken. The motion carried 4-1 (Commissioner Jones opposed). D. Planning Case 21-014; 1150 County Road E – Master Planned Unit Development to Develop and Financial Planning Service Office – Public Hearing ARDEN HILLS PLANNING COMMISSION – June 9, 2021 14 Planning Consultant Bemis stated the proposed development site is approximately 0.64 acres in size and is currently vacant. The property owner is Arden Plaza, LLC, managed by Wellington Management. The Applicant is proposing to construct a new corporate headquarters for Financial Wealth Advisors at Arden Plaza. The Applicant is proposing to utilize the existing access road off of County Road E. An access point to the parking lot will be located on the South side of the property. At their May 17, 2021 meeting the City Council reviewed a concept plan for this development. A Master Plan PUD for Arden Plaza was approved in 2009. The original plan included 4 new buildings. Subsequent amendments reduced the number of new buildings to 3: Walgreens, the Tavern Grill, and a future building on Lot 2. In 2016, the City Council approved an amendment to the PUD to allow a neighborhood medical clinic on Lot 2, but the clinic chose not to build on the site. Planning Consultant Bemis reviewed the surrounding area, site data, the Plan Evaluation and provided the Findings of Fact for review: 1. The property located at 1150 Country Road E is zoned B-2 – General Business District and is located within the Master Plan PUD for Arden Plaza. 2. The property located at 1150 Country Road E is guided as Community Mixed Use in the Arden Hills 2040 Comprehensive Plan Land Use Chapter. 3. The applicant has requested a Master PUD to construct a single-story 5,600 square foot financial service office on the existing vacant lot. 4. The B-2 District permits financial institutions & services as well as offices. 5. The PUD substantially conforms with the requirements of the City Code. 6. Where the plan is not in conformance with the City Code, flexibility has been requested by the applicant and/or conditions have been placed on an approval that would mitigate the nonconformity. 7. Flexibility through the PUD process has been requested in the following areas: parking requirements, front setback line, building elevations, and planting islands. 8. The proposed development plan meets or exceeds the minimum requirements of the City Code in the following areas: district provisions, minimum caliper inches, drainage, lighting, screening, trash pickup, pedestrian and bicycle circulation, and signage. 9. All new developments or redevelopments in the B-2 district require a planned unit development. 10. The adjacent properties on all sides are zoned B-2 and are guided as Community Mixed Use in the Arden Hills 2040 Comprehensive Plan. 11. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Planning Consultant Bemis recommended approval of Planning Case 21-014 for a Master Planned Unit Development at 1150 County Road E, based on the findings of fact based on the findings of fact and submitted plans, subject to the following conditions: 1. All conditions of the original Planned Unit Development shall remain in full force and effect. 2. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to the plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. ARDEN HILLS PLANNING COMMISSION – June 9, 2021 15 3. The Planned Unit Development approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. 4. Prior to the issuance of a grading permit, the Applicant shall enter into a Development Agreement. 5. All disturbed boulevards shall be restored with sod. 6. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 7. The proposed structures shall conform to all other regulations in the City Code. 8. A Grading and Erosion permit shall be obtained from the city’s Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, and Ramsey County prior to the start of any site activities. 9. Any future trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 10. The Applicant shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. 11. Prior to the issuance of a building permit, a landscape financial security equal to 125% of the cost of the landscaping to be installed on the site shall be submitted. The Applicant must submit a detailed cost estimate for the landscaping so staff can determine the final amount. Landscape financial security shall be held for two full growing seasons. 12. This approval does not include signs. A separate sign permit is required for all proposed signage. All signage shall meet the requirements of Sign District 4. 13. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 14. Prior to the issuance Grading and Erosion permit, the Engineering Department shall review and approve final grading and utility plans in writing. 15. The property owners shall complete snow removal, maintenance and replacement of all proposed sidewalks and trails unless a written agreement between the City and owner establishes a different requirement. Planning Consultant Bemis reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Zimmerman stated he was pleased to see a new tenant would be moving into this space. ARDEN HILLS PLANNING COMMISSION – June 9, 2021 16 Commissioner Subramanian welcomed the new tenant. Commissioner Jones agreed stating he was really happy to see this new tenant moving into the City. He inquired if the City Council would approve of the exterior building materials noting he supported the project as presented. Chair Vijums asked how much flexibility was being requested. Planning Consultant Bemis explained the proposed building was set back 45 feet from the property line on County Road E. She noted the applicant has a 100 foot setback from the southern property line. She commented further on what City Code would require for the building in order to meet City setbacks. Jill Bills, U+B Architecture and Design, discussed the building width and noted half should be at the front setback line, which would be 33 feet of the building façade should be at the front setback. She reported the development had a large monument sign and drainage at the front setback which led to the proposed building placement. Chair Vijums questioned if this property met fire code requirements. Planning Consultant Kansier reported this would be addressed during the building permit phase. She did not anticipate this would be a problem based on the size of the building. Chair Vijums inquired if the golf simulator would be open to the public. Ms. Bills reported this may be possible. Chair Vijums opened the public hearing at 8:50 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. There being no comment Chair Vijums closed the public hearing at 8:50 p.m. Commissioner Jones moved and Chair Vijums seconded a motion to recommend approval of Planning Case 21-014 for a Master Planned Unit Development at 1150 County Road E, based on the findings of fact based on the findings of fact and submitted plans, subject to the fifteen (15) conditions in the June 9, 2021, report to the Planning Commission. A roll call vote was taken. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Approved: CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION MAY 17, 2021 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 at 5:00 p.m. Note: On March 20th, 2020 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, Interim Public Works Director David Swearingen, Senior Planner Jessica Jagoe, Finance Director Gayle Bauman, Deputy City Clerk Jolene Trauba and Ramsey County Traffic Enforcement Deputy Sheriff Mike Casey Also present via telephone: Bolton & Menk Planning Consultant Jane Kansier, U + B Architecture & Design Partner Paul Udris, U + B Architecture & Design Representative Andy Fest, Wold Architects Partner Paul Aplikowski, Mounds View School District Superintendent Chris Lennox, Mounds View School District Representative Michael Schwartz, Mounds View School District Director of Facilities Chris Paquette, Bolton & Menk Traffic Engineer Jacob Bongard, Anderson Johnson Representatives Dave Rey and Doug Hall, HR Green Regional Transportation Director John Morast 1. AGENDA ITEMS A. Lifelong Wealth Advisors Concept Plan Planning Consultant Kansier stated that Lifelong Wealth Advisors applied for a Concept Plan Review, for property located at 1150 County Road E. It is currently a vacant lot and they are proposing a 5,600 square foot office building on an approximately 28,000 square foot lot. In 2009 the City Council approved the Arden Plaza Master PUD. In 2011 the plan was amended to reduce the number of new buildings to three: Walgreens, the Tavern Grill, and a future building on Lot 2. In 2016, the City Council approved an amendment to the PUD to allow a neighborhood medical Attachment K ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 2 clinic on Lot 2, but the clinic chose not to build on the site. The property is currently zoned B-2 (General Business District), which permits financial institutions & services as well as offices. The applicant is anticipating a total of 12 full-time employees at the site with 9-5 office hours. The access point to the parking lot will be located on the south side of the property. Planning Consultant Kansier continued saying they will need to make a full application for a Planned Unit Development. In addition, a PUD would allow the Council to grant flexibility. Current City Code states “at least fifty percent (50%) of the largest building on each site shall be constructed at the front setback line.” The applicant is requesting flexibility on this requirement, as they are not proposing to place the building at either the 20-foot setback line from County Road E or the setback line from the internal property line facing Arden Plaza. Planning Consultant Kansier stated a building of this size requires one parking stall for every 250 square feet, for a total of 23 stalls. The Applicant is proposing 20 parking stalls, with proof of parking for an additional 3 stalls. Based on preliminary landscaping plans, the Applicant will likely meet all requirements. The Applicant is proposing two wall signs on the south and north elevations of the building. Both proposed signs are less than 25 square feet in area which is consistent with sign criteria. Planning Consultant Kansier said the Applicant is requesting flexibility on building transparency. City Code states that 50% of all first level building facades that front a public street shall be comprised of transparent windows or doors. On the north elevation they are showing 37% of transparency. The second building requirement involves building materials. The City Ordinance requires at least seventy-five percent (75%) of the exterior building materials be of brick masonry, tile masonry, natural stone, decorative concrete plank, transparent glass or any combination thereof. The majority of the proposed elevations will be constructed out of patterned cement rainscreen, anchored stone masonry veneer, and transparent glass. Planning Consultant Kansier noted the last piece of possible flexibility is pedestrian and bicycle circulation. City Code requires a six-foot concrete sidewalk adjacent to or in the right-of-way. There is an existing bituminous path from Walgreens to the access road to the west. An eight-foot concrete sidewalk is on the west. The applicant would prefer to maintain the five-foot bituminous pathway, rather than provide a six-foot concrete sidewalk. Planning Consultant Kansier said discussion items for the Council include the items of potential flexibility: parking requirements, front setback line, building elevations and building materials, and pedestrian and bicycle circulation. Councilmember Holden asked if the north side of the building would be parallel with Walgreens. Planning Consultant Kansier said the north side of Walgreens is closer to the property line. The proposed building is south of the storm water pond. U + B Architecture & Design Representative Udris responded the existing biofiltration swale on County Road E would remain and the building will be behind that. Councilmember Holden asked what materials would be facing County Road E. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 3 Mr. Udris said it would be a combination of stone and panels that resemble wood. All facades will have windows. Mr. Fest added that the main entrance faces south. Mayor Grant asked what is the nature of the business of the Applicant. Mr. Udris said they are a financial investment company, wanting to move their headquarters from Minneapolis to Arden Hills. Mr. Udris explained the height of the window placement is for privacy in the offices, especially those on County Road E. Councilmember Holden asked if the HVAC would be on the roof. Mr. Udris said it would be, but set back as far as possible. Mr. Fest added the unit heights would be four to five feet. Councilmember Holden asked what kind of brick material they will use. Mr. Udris said it the darker material is a stone material, the lighter is patterned like brick. It will be full depth stone, similar to brick. Councilmember McClung asked if they would they meet the landscape requirements if they required to install 23 parking stalls. Planning Consultant Kansier responded that she didn’t have enough information to answer that at this time, but it would be part of the approval review process, and they would be required to meet the landscape requirements. Mr. Udris explained that there will be about 12 people working in the building and a few clients throughout the day and they would rather have more landscaping than parking. Councilmember Holmes mentioned that they are considering changing the B-2 Zoning Ordinance to have the front of the building toward the street. Mr. Udris said the owners are happy with the building facing south and away from the street, for southern light and to shield noise from County Road E. Mayor Grant asked how tall the building will be. Planning Consultant Kansier replied that the building will be approximately 17 feet tall. County Road E is about 2 feet higher than the grade of the lot where the building will sit. Mayor Grant asked about screening for the HVAC system. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 4 Planning Consultant Kansier said they will have to provide screening, probably similar to what they see at Walgreen’s. Mr. Fest mentioned there is another retention area in the southwest corner of the lot that the parking lot drainage will go to. Mayor Grant said he would go through the discussion items, starting with parking. Councilmember McClung said he’d like the drainage to not be impacted if they need to add the additional parking. Everyone was OK with 20 stalls. Mayor Grant moved on to the front setback line. Council did not object to the request. Mayor Grant continued with building elevations, to reduce the required window area from 50% to 37%, and to allow patterned cement and anchored stone masonry veneer. Planning Consultant Kansier explained it was 37% on the elevation facing the public right-of- way, or only the north elevation. Councilmember McClung commented that he was fine with the 37% but that he’d like to see the faux wood and know more about how it would stand up. Councilmember Holden agreed and she would want to see a materials board. Councilmember Scott said given the nature of the company he felt they wouldn’t put up a building that would start looking shoddy. He was comfortable with the window transparency issue. Councilmember Holmes felt they needed to look at the materials carefully. Mayor Grant said he had concerns about the materials as well. Mr. Udris said they can provide better renderings. He noted they are vacating their office space in Minneapolis in order to build in Arden Hills. Mayor Grant said the pedestrian and bike circulation item was requesting to reduce the minimum trail size from six feet to five feet and allowing the existing bituminous versus concrete. Councilmember Holden didn’t have an issue with that but wondered if they would put a bike rack on their property. Mr. Udris felt they would be happy to do that. Councilmember McClung had concerns with reducing the trail size and not using concrete. He felt this was an area they shouldn’t allow flexibility. Councilmember Scott said he would like to see the concrete sidewalk for ease of use, maintenance and ADA issues. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 5 Mayor Grant would also like to see the concrete sidewalk. Mayor Grant recapped that they were good with parking, setback line, probably OK with windows, concerns about building materials, and they’d like to see a concrete sidewalk. Councilmember Scott added that he’d be thrilled to see a business relocate from downtown. Further discussion ensued regarding parking spaces. B. MVHS PUD Update/Crossing Light Planning Consultant Kansier stated that Mounds View High School is asking for input on a potential amendment to the Lake Valentine Road layout and to the timing of construction. A PUD was approved in 2019, in order to develop property on the north side of Lake Valentine Road in conjunction with the high school remodeling. Most of the parking was moved to the north parking lot. There was a lot of discussion about traffic and pedestrian issues and the improvements that needed to be made. The pedestrian signals were installed last year. The final piece is changes to the road configuration. Originally the access road was to be moved to the west to provide a better alignment. The School District has been working with the State on the property purchase, the State has indicated they are at another year out in considering the sale of this land. In light of that, the School District would like to discuss a revised layout for the Lake Valentine Road improvements. The current timing, for either the approved or revised alignment, does not allow the School District to complete this construction in 2021. The applicant is also requesting the Council consider extending this deadline to 2022. Councilmember Holmes wondered if they were trying to move the parent drop off farther east to line up with the parking lot exit. Wold Architects Partner Aplikowski said the primary revision is the access to the turnaround on the south side of the road to be relocated about 70 feet to the east to line up with the driveway on the north. He noted that the process of buying the land from the State is going so slow that they are fearful that if they wait another year they still won’t get answers. Mr. Aplikowski explained that the only real changes from the last plan that was approved was that the driveway on the parking lot side was going to move west, and the existing driveway would stay where it was. The new version brings both of those driveways to the east. Alignment across the street was always a concern and they hope to facilitate that within the property the school district owns. The driveway on the school district property will be a little steeper, but manageable and stacking headed west will get shortened slightly. Councilmember Holmes wondered if they realized there was still a crosswalk painted on the road and people are crossing there. She felt people were crossing there and not crossing at the light. Mounds View School District Director of Facilities Paquette said he has no problem working with contractors to get the crosswalk blacked out. Mounds View School District Representative Schwartz said they currently have two dismissal times, and the majority of kids leave the building at 2:45, and cross at the light. He reviewed the ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 6 numbers of people he counted crossing at the light during different time periods and felt most students cross at the light. Councilmember Scott agreed the old crosswalk markings should be removed. Councilmember Holden suggested they make removal of the old crosswalk a part of the approval. Mr. Paquette said he could have it removed right away. Mayor Grant asked how they could stop students parking on the west side from crossing where they want. Mr. Schwartz replied that it takes time and training but the kids will do what they tell them. Unfortunately, it’s more adults that cross there than students. He can get more firm with them. Mr. Paquette added that at the last meeting they had with the State they thought it would be another nine to 12 months before they would review it, and couldn’t guarantee there would be a sale. The school district would like to get the rest of the project done within their own property, along with reroofing and residing the former bus garage and the parking lot cleaned up. Councilmember Holden asked for an explanation of how much safer completing the project this way would be versus with the State property. Bolton and Menk Traffic Engineer Bongard said the average queue westbound into the site during site observations was one or two vehicles and the maximum was five. From what they see it is functioning well and the patrol officer on site is optimistic about how traffic is moving. Relocating the access further to the west on the State site was the preferred option, but with the current locations with the driveways offset makes for a little uncomfortableness for people trying to turn left from the west to east because of the overlap. Eastbound into the site will be cleaner with dedicated right and left turn lanes. After revisiting options after receiving the news on the State site they feel the current proposal is the best option. Councilmember Holden wondered if it was worth making this change now or wait until they acquire the State property and do it right for the long term. Mayor Grant said if they could educate the kids to use the appropriate crossing, then why would they not wait to buy the property from the State. Mr. Paquette responded that there is no guarantee that they get the property, so they would be back at square one. They would like to get the turn lane changes done, so if the City accepts the plan they are putting forth they could stop pursuing the State land. Mayor Grant asked if they would be losing parking stalls in the general area. Bolton & Menk Traffic Engineer Bongard said he didn’t have an exact answer but he will quantify the parking counts when they come back with a full plan. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 7 Councilmember Holden would like to stipulate that if they get the State property they have no left hand turns out of the parking lot as they exist now. Mr. Paquette clarified that if the Council approves the solution being presented they won’t pursue the State property. Councilmember McClung said his preference would be to get the State land, but he would begrudgingly agree that this is probably the best alternative, although not as safe. Councilmember Holmes asked if traffic was held and stopped for all the buses to leave, and asked for clarification. Mr. Schwartz said in the morning the buses drop and go, and in the afternoon they depart at approximately 3:14, are out in 90 seconds. If buses are queued in the morning they will stop traffic to let them in. They don’t have room to back up so they all have to leave at the same time in the afternoon. Mayor Grant summarized that some want to evaluate this further when it comes forward but have concerns. Several would have liked to see the State property be used. Pedestrian safety is still the goal, along with traffic flow. Mr. Schwartz said the timeline is a problem, they want to get it completed by the end of next summer, and go one more year as is. C. Speed Limit on City Streets HR Green Regional Transportation Director Morast explained that the Minnesota Legislature changed the local road speed limit rules in August, 2019. In the new process, Cities now can lower speed limits only on City streets. Cities must develop procedures to set limits based on safey, engineering and traffic analysis. Surrounding cities have made some changes, the biggest being St. Anthony Village. They changed to 25 mph right away, Public Works made and installed the signs. Falcon Heights is looking at changing or reducing speed limits. Other cities are waiting for a variety of reasons. The City of Minneapolis decided in March, 2020, reduced speed limits in November and launched a Slower is Safer campaign. St. Paul essentially did the same, passing their ordinance in October 2019. The Minnesota Local Road Research Board (LRRB) has two studies underway. They are studying guidelines for determining speed limits on municipal roadways, and the impact of speed limit changes on urban streets. Arden Hills can choose to do nothing and make no changes, reduce City speed limits to 25 mph, wait for the LRRB study results, wait for other cities to act, do safety, engineering and traffic analysis or develop procedures to reduce speed limits. Councilmember Holden wondered why the City would need a safety, engineering and traffic study. Mr. Morast replied that the analysis was required in the Statute. Not all streets would need to be lowered, the analysis would help with determining that. Councilmember Holmes asked when the studies will be completed. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 8 Mr. Morast thought it would be sometime this summer. He can take a closer look and let staff know. Mayor Grant asked if the city was required to follow the results of the studies. Mr. Morast said the studies will be guidelines for cities to use, they will not be required to follow the results. Councilmember Holden felt it was important they move forward. She thought speed was the number one complaint in the City. Mayor Grant commented there were 13 distinct neighborhoods in Arden Hills so he wasn’t sure how much the LRRB results would apply. Councilmember McClung said he supported moved forward but would like a map of which streets that they have authority to make changes to along with which ones are residential and which ones are feeder streets. Mr. Morast noted that counties don’t have authority to change speed limits without speed studies and DOT approval. D. State Fair Parking Interim Public Works Director Swearingen stated that around the City of Arden Hills there are multiple locations for park and rides to the State Fair. Over the last several years Council has developed a parking restriction plan to mitigate the issues that arise from people parking on City streets while utilizing the park and ride locations. This year the 2021 PMP project is within the Hazelnut neighborhood and will be in full effect at the time of the fair. Parking will be prohibited throughout the site and must be restricted completely to not interfere with construction activities. It is recommended that large signs are posted at all construction entrances specifically calling out “No State Fair Parking”. The project’s inspection staff has been informed that this will be an issue and they will be monitoring the construction site since they will be present every day. Interim Public Works Director Swearingen said in 2019 the Sheriff reported approximately 50 citations on New Brighton Rd for State Fair parking. There was a request for no parking along Stowe Avenue east of New Brighton Road and there were cars parked in the right-hand turn lane of Pine Tree Drive. Councilmember Holden was confused if cars were allowed to park on the County Road (New Brighton Road) or not. Interim Public Works Director Swearingen said he was waiting for a return call from a traffic engineer to answer that question. Ramsey County Traffic Enforcement Deputy Sheriff Casey said he hadn’t seen cars parked on New Brighton Road as overflow from the church parking lot until the day he wrote all the citations. They were parking on both sides of the road and in the old fire hall. He issued citations for parking on the grass. He tried to check with the County to find out if parking was allowed but didn’t get an answer. He would like to see no parking signs on New Brighton Road like the City ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 9 does on the side streets. He would be OK with one side of New Brighton Road marked no parking. The corner of Pine Tree Drive needs to be shut down because of the buses taking that route. Mayor Grant noted that Jerrold, Edgewater, Glen Paul and Prior are all being redone and the construction will coincide with State Fair parking. No vehicles can be parked on those roads. Deputy Sheriff Casey felt there wasn’t a lot of State Fair parking on Glen Paul or Prior. Jerrold and Edgewater are used heavily. Mayor Grant said they are probably going to have to tow vehicles in the construction area. Deputy Sheriff Casey recommended the signs in the construction area be marked “No Parking, Tow-Away Zone”. After discussion, the Council was in agreement to mark the construction area as a tow-away zone. Staff will discuss wording with the City Attorney. Councilmember Holden asked if the Sheriff’s office would be open to having parking on one side of New Brighton Road. Deputy Sheriff Casey said they would need to talk to the County. City Administrator Perrault asked if the County is open to the City signing one side of the road, would that be the Council’s directions to staff? Mayor Grant said that was the general consensus. If they notify the State Fair that the surrounding neighborhood will be under reconstruction they may choose to not operate that particular park and ride. Councilmember Holden added that there should be signs a little farther north on Benton Way. E. PTRC Discussion City Administrator Perrault noted that trail priorities and work plans will be brought forward to a future meeting. This discussion is for current issues with the PTRC. Mayor Grant said there were issues in regard to a park bench donated by State Farm, and appropriateness of what some of the PTRC members are doing. Councilmember Holden was surprised to find out the PTRC is limiting themselves to trails. She has a list of 13 things she believes should be in the work plan for PTRC. She assumes the Council liaison will bring those issues to them. Mayor Grant said he could bring the list to the PTRC. Councilmember Holden didn’t like the PTRC assigning staff work when they are supposed to be a working committee. She felt there was more the committee could be doing in recreation areas. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 10 Councilmember McClung agreed in Councilmember Holden’s suggestions, and felt they don’t have a PTRC committee, they have a T committee. He is glad they are advocates for trials but the need to also show enthusiasm for parks and recreation. He thinks they need a direct work plan along with a refresher about what it means to be an advisory committee to the Council. Mayor Grant said they do review the parks annually. They assigned everyone a trail but not a park. Councilmember Holden said going to the parks once a year isn’t showing interest in the parks. They should be reporting things as they see them, not just once a year. Councilmember McClung said he was on the PTRC previously and been Council liaison. He remembers discussions about how to improve the parks and he would like to have more of a balance from the committee now. For example, what should the recreation programs post COVID look like, and how can they work cooperatively with other cities. Councilmember Scott commented that he spent eight years on the PTRC and felt they were fairly balanced at that time. The focus has become more trail centric, but they do need to focus on parks and recreation. He had no problem redirecting the group. Councilmember Holmes agreed with the points in the email. Mayor Grant added there was a member of the PTRC who approached another city, he didn’t think that was appropriate. There were also certain things with a park bench that also weren’t proper. Councilmember Holden said it was at a Council meeting that she learned a member of PTRC approached another city instead of that city dealing with Arden Hills, and she felt that was inappropriate. Councilmember Holmes added that she was trying to figure out what the donation was and if the wording on the plaque. She said there was a notation on the donation application to have staff inquire about a second plaque. The donor said he was pressured to have a plaque on the front and on the back in order to get a better location in a park, but he really only wanted his own plaque. The application says the City will contact them to discuss the location of the bench, but apparently the PTRC member designated the bench to be in Crepeau Park. Councilmember Holden said telling someone “if you do this, we’ll give you a better location” is totally inappropriate. She felt the person that did this should no longer be on the PTRC, between bribing the donor and adding to the form. She felt that is not what the City should have as a representative. Mayor Grant said he didn’t know if they had actually approved that individual to be on the PTRC, at one point he had resigned. Mayor Grant added the same individual is the one that talked with the City of Roseville. He learned about that during a PTRC meeting. During the meeting it was conveyed the bench was to ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 11 have a plaque in regard to Don Messerly. So, people were pressured, forms were altered, and they tried to represent the City about putting in a trail to another city. Councilmember McClung said he was just hearing about the bench issue tonight. He felt they can’t have someone representing the City and saying the City would support a project. Councilmember Scott said they operate under a set of bylaws and serve at the pleasure of the Council, so if people are stepping outside of those boundaries the Council is justified in taking appropriate action. If the allegations are sound, he would support removing this person from the committee. Councilmember Holmes said she has a copy of the bench application everyone could see if they wanted to see there were two different handwritings on the form. She texted and exchanged voicemails with the individual and felt he was a bit glib. But she felt maybe they needed to let him give his side of the story. Councilmember Holden asked if here were other instances where the person had told staff what to do. Interim Public Works Director Swearingen replied that this individual has made multiple requests over the last few months. Interim Director Swearingen has been working with the City Administrator to know what is proper procedure, and the Mayor made an announcement regarding this at a PTRC meeting. But the actions they are discussing now came after that announcement. Mayor Grant asked if staff was asked to go into a park to pick up buckthorn. Interim Public Works Director Swearingen said that was the initial request, but the Public Works Superintendent spoke with them and explained they needed to haul it as close to the park entrance as possible. Mayor Grant said there are issues, but he didn’t know if there were procedures for removing a member. He asked if they would like him to have a meeting with Council before they make their decision. Councilmember Holden suggested it be a meeting with the Mayor. Mayor Grant proposed that the individual meet with the Personnel Committee and instructed staff that they could have a special meeting. Councilmember Holden added that she’d like to see more benches on the Elmer Anderson Trail. F. Water Meters Discussion (Discussed after Item G) Mayor Grant asked that they only discuss the two specific water bills in question. He didn’t know if the reads were correct or not; did the water really go through the meter? There are some issues with water meter readings right now. One of the customers makes a pretty good case that ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 12 you can’t get that much water through a meter in a townhome over the course of an hour. He thought staff should bill them an estimated amount based on previous usage. Councilmember Scott agreed. Councilmember McClung said he lives right across from the resident and that amount of water coming through would have damaged the unit and the two neighboring units. He didn’t notice any type of work going on at the home so he is inclined to believe her. Finance Director Bauman clarified the property they were talking about was 1400 Arden View Drive. The 3,000 gallons per hour she said went through her meter in an hour was incorrect, that was over a 13-hour period. The bill for the 3rd quarter in 2020 was just over $750. Councilmember Scott said because she was never sent a leak letter he was willing to write it off and bill her at the nominal rate. City Administrator Perrault added that they have nothing to indicate they had a bad reading from the property on Arden View Drive, or that the meter wasn’t working or transmitting properly. The meter bench tested within 1%. The other account was a renter/landlord situation and they weren’t getting a read in November/December. It is unclear if there was a problem the tenants or landlord fixed or if the tenants notified the landlord. There was nothing to indicate the meter was registering the water incorrectly, it was an issue of the transmitter not receiving the reading. Councilmember Holmes stated that she was hesitant to write the bills off, being as the meters were tested and reading correctly. She isn’t convinced that the meters weren’t properly measuring water, and she’d like to probe it a little further. Mayor Grant asked if there was a leak, what is the frequency that the City contacts the residents. Finance Director Bauman responded that when they go through the leak letter process they are only looking at the previous 24 hours. They only go through the leak alert process as a courtesy six to 12 times a year. If a leak is off during the time the data is pulled they wouldn’t get a letter even if they do have a leak happening. Arden View Drive never showed a leak, and wouldn’t have received a letter. Councilmember Holden mentioned that it is a courtesy to send the letters, it’s not mandated so it’s not that they didn’t receive a letter so they shouldn’t get billed. Mayor Grant asked if a read on a house is abnormally high, do they determine the number of gallons sent during the read is actually what is on the meter. Finance Director Bauman said that was correct. City Administrator Perrault added that staff would only go into the house to physically look at the meter if the resident thought there was an issue with the meter. Typically for just abnormal water usage staff is not sent to the house. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 13 Councilmember McClung said they do have some drainage issues in the area of the house and some people have sump pumps. The amount of water that would need to come out of a hose to generate that reading would have pooled and become very noticeable. City Administrator Perrault said the interesting thing about these readings was that generally speaking the leak would start happening at night and shut off during the day. Councilmember Holden proposed that they do a 50% split on anything above the normal average. Councilmember Holmes agreed. Councilmember Scott still felt they should write it off. Councilmember McClung said that by not being able to point to exactly what went on, he felt that would be a little too much to charge. He suggested they take an average cost over a number of quarters. Councilmember Holmes suggested they should be consistent with both addresses, and split it down the middle. Finance Director Bauman said the Cleveland address total bill was just under $3,000 and their normal bill was around $250 - $300. Councilmember McClung thought they should write off the majority of the bill. Councilmember Scott wanted to charge the nominal rate. Councilmember Holden wanted to split the difference. Councilmember Holmes was willing to split the difference. Mayor Grant instructed staff to split the difference from the average bill amount and the higher one for the Arden View Drive address. Council agreed to extend the meeting an additional ten minutes. Mayor Grant asked how we got a reading on the Cleveland Avenue home. Finance Director Bauman said they requested a read from the tenants and they sent it in to the City. The City did get an actual reading in January and February and the number they submitted was in line with those reading. They would have intermittent reads of approximately 259 gallons an hour, sometimes for hours. Councilmember McClung asked if this would have been something that would normally have been flagged and a leak letter sent. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 14 Finance Director Bauman replied that because it was intermittent they may or may not have caught it when they were running the report. There is a possibility they may have gotten a notification if we had been receiving the readings. Councilmember Holden suggested they split 50/50 on anything above the normal average. Councilmember Holmes agreed. Councilmember Scott said he wasn’t ready to make a decision. Councilmember McClung agreed to 50/50 on anything above the normal average. G. MnDOT Highway 51 Speed Sign After discussion, Council was in support of a sign, prioritizing the southbound lane first. Staff was directed to work with MnDOT for a southbound sign, and a northbound sign would be discussed at a future meeting. H. Met Council Regional Bicycle Transportation Network (RBTN) Trail Corridor Realignment Interim Public Works Director Swearingen said the City of Roseville contacted Arden Hills staff with the proposed change in alignment for the Regional Bicycle Transportation Network (RBTN). Attachment A showed the existing alignment and the surrounding pink area is the corridor in which funding from the Met Council will be considered. The shift takes the alignment to the west off Lydia and continues north connecting Old Snelling/Highway 51. With this shift, the corridor would then cover Highway 51 from Lydia to Roseville’s border. Roseville has a proposed route along this segment which would connect to a proposed trail in Arden Hills, Glenhill up to Old Snelling. A letter of support does not commit the City construction of a trail, but the alignment shift opens up additional sources of funding for Roseville. There is no current time frame for construction of the trail but MnDOT indicated they would be repaving Hwy 51 in 2026. Roseville will be submitting the application to Met Council for the proposed alignment shift and has asked Arden Hills for a letter of support. Mayor Grant noted that the Arden Hills section is already in the RBTN. Roseville wants to adjust the boundaries so they can make the segment along Lydia part of the RBTN trail. If we send a letter of support they may or may not build a trail, but it doesn’t affect our portion of the trail. Councilmember McClung gave his support, but residents think this is happening in a year or two so communications needs to be made that this isn’t a current project. Interim Public Works Director Swearingen noted that a trail could be built anywhere within the buffer zone and receive funding. Councilmember Holden said she was for this but wondered if there was land in the buffer zone that wasn’t owned by private residents. ARDEN HILLS CITY COUNCIL WORK SESSION – MAY 17, 2021 15 Interim Public Works Director Swearingen said the red line on the map doesn’t necessarily show exactly where the trail will go, it’s just showing the general direction of where they’d like travel for bike transportation. Mayor Grant said a letter of support will be drafted for Roseville. Mayor Grant noted that the hour was late and so Items I and J would be discussed at another time. Councilmember Scott said he’d also like to have a more in-depth conversation regarding technical side of the water meter issues. Mayor Grant instructed staff to plan a discussion regarding hardware, software and other water meter related items. I. Food Truck Ordinance Discussion Not discussed, moved to a future meeting. J. Council Tracker Not discussed. 2. COUNCIL COMMENTS AND STAFF UPDATES None. ADJOURN Mayor Grant adjourned the City Council Work Session at 9:05 p.m. __________________________ __________________________ Jolene Trauba David Grant Deputy City Clerk Mayor Page 1 of 1 PUBLIC HEARING – 8B MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Planning Consultant, Bolton & Menk SUBJECT: Planning Case # 21-010 – Public Hearing Required Applicant: New Perspectives, represented by Arden Hills RE, LLC Property Location: 2 Pine Tree Drive Request: Comprehensive Plan Amendment Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A The applicant has officially withdrawn this request. No action is required. Page 1 of 1 PUBLIC HEARING – 8C MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Planning Consultant, Bolton & Menk SUBJECT: Planning Case # 21-012 – Public Hearing Required Applicant: New Perspectives, represented by Arden Hills RE, LLC Property Location: 2 Pine Tree Drive Request: Amendment to Planned Unit Development, Conditional Use Permit, and Site Plan Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A The applicant has officially withdrawn this request. No action is required. Page 1 of 4 NEW BUSINESS – 9A MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Bolton & Menk SUBJECT: Planning Case #21-014 – Public Hearing Required Applicant: Lifelong Wealth Advisors, represented by U+B Architecture and Design, Inc. Request: Master Plan Planned Unit Development, Final Planned Unit Development Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider • Adopting motions to approve, table or deny Planning Case 21-014 for the Lifelong Wealth Advisors Master Plan PUD and Final PUD Approval of a PUD requires an affirmative vote of four councilmembers. Background U+B Architecture and Design, Inc., on behalf of Lifelong Wealth Advisors has submitted an application for a Master Plan Planned Unit Development. The proposed development site is located at 1150 County Road E, is approximately 0.64 acres in size and is currently vacant. The Applicant is requesting to construct a single story 5,600 square foot building with associated parking lot. Requested Action A Planned Unit Development (PUD) is required for all new development and redevelopment in the B-2 District. In addition, a PUD would allow for performance standard flexibility. This proposal involves both the initial Master Plan PUD and the Final PUD. Page 2 of 4 Suggested Findings of Fact: The Planning Commission reviewed this application at their June 9, 2021 meeting and have offered the following findings of fact for your consideration: 1. The property located at 1150 Country Road E is zoned B-2 – General Business District and is located within the Master Plan PUD for Arden Plaza. 2. The property located at 1150 Country Road E is guided as Community Mixed Use in the Arden Hills 2040 Comprehensive Plan Land Use Chapter. 3. The applicant has requested a Master PUD to construct a single-story 5,600 square foot financial service office on the existing vacant lot. 4. The B-2 District permits financial institutions & services as well as offices. 5. The PUD substantially conforms with the requirements of the City Code. 6. Where the plan is not in conformance with the City Code, flexibility has been requested by the applicant and/or conditions have been placed on an approval that would mitigate the nonconformity. 7. Flexibility through the PUD process has been requested in the following areas: parking requirements, front setback line, building elevations, and planting islands. 8. The proposed development plan meets or exceeds the minimum requirements of the City Code in the following areas: district provisions, minimum caliper inches, drainage, lighting, screening, trash pickup, pedestrian and bicycle circulation, and signage. 9. All new developments or redevelopments in the B-2 district require a planned unit development. 10. The adjacent properties on all sides are zoned B-2 and are guided as Community Mixed Use in the Arden Hills 2040 Comprehensive Plan. 11. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Options and Motion Language The Planning Commission reviewed this application at their June 9, 2021 meeting. At that time, they recommended approval of the Lifelong Wealth Advisors application for a Master Planned Unit Development and Final Planned Unit Development by a 5-0 vote. The following are motion language options for the City Council to consider. 1. Approve with Conditions: Motion to approve of Planning Case 21-014 for a Master Planned Unit Development at 1150 County Road E, based on the findings of fact based on the findings of fact and submitted plans, subject to the following conditions:: 1. All conditions of the original Planned Unit Development shall remain in full force and effect. 2. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to the plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. Page 3 of 4 3. The Planned Unit Development approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. 4. Prior to the issuance of a grading permit, the Applicant shall enter into a Development Agreement. 5. All disturbed boulevards shall be restored with sod. 6. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 7. The proposed structures shall conform to all other regulations in the City Code. 8. A Grading and Erosion permit shall be obtained from the city’s Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, and Ramsey County prior to the start of any site activities. 9. Any future trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 10. The Applicant shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. 11. Prior to the issuance of a building permit, a landscape financial security equal to 125% of the cost of the landscaping to be installed on the site shall be submitted. The Applicant must submit a detailed cost estimate for the landscaping so staff can determine the final amount. Landscape financial security shall be held for two full growing seasons. 12. This approval does not include signs. A separate sign permit is required for all proposed signage. All signage shall meet the requirements of Sign District 4. 13. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 14. Prior to the issuance Grading and Erosion permit, the Engineering Department shall review and approve final grading and utility plans in writing. 15. The property owners shall complete snow removal, maintenance and replacement of all proposed sidewalks and trails unless a written agreement between the City and owner establishes a different requirement. 2. Denial: Motion to deny Planning Case 21-014 for a Master Planned Unit Development at 1150 County Road E, based on the following findings of fact: the Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 3. Table: Motion to table Planning Case 21-014 for a Master Planned Unit Development at 1150 County Road E, for the following reasons: the Council should identify a specific reason and/or information request should be included with a motion to table. Deadline for Agency Actions Page 4 of 4 The City of Arden Hills received the completed application for this request on May 20, 2021. Pursuant to Minnesota State Statute, the City must act on this request by July 19, 2021 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Budget Impact NA Page 1 of 1 NEW BUSINESS – 9B MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Planning Consultant, Bolton & Menk SUBJECT: Planning Case # 21-010 – Public Hearing Required Applicant: New Perspectives, represented by Arden Hills RE, LLC Property Location: 2 Pine Tree Drive Request: Comprehensive Plan Amendment Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A The applicant has officially withdrawn this request. No action is required. Page 1 of 1 NEW BUSINESS – 9C MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Planning Consultant, Bolton & Menk SUBJECT: Planning Case # 21-012 – Public Hearing Required Applicant: New Perspectives, represented by Arden Hills RE, LLC Property Location: 2 Pine Tree Drive Request: Amendment to Planned Unit Development, Conditional Use Permit, and Site Plan Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A The applicant has officially withdrawn this request. No action is required. Page 1 of 3 NEW BUSINESS – 9D MEMORANDUM DATE: June 28, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Bolton & Menk Corrin Bemis, Bolton & Menk SUBJECT: Planning Case #21-008 – Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendment – Chapter 13 – Section 1330.03 Subd. 5, E Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: x Planning Case 21-008, Ordinance 2021-004, for an amendment to the language Section 1330.03 Subd. 5, E of the Arden Hills City Code to permit accessory storage sheds within the required structure setback from the ordinary high water level of up to 100 square feet in size and 8 feet in height. Approval of a Zoning Code Amendment requires an affirmative vote of three councilmembers. Background The City Council held the required public hearing for Planning Case 21-008 on May 24, 2021. A full evaluation of the proposed amendment and supporting attachments are included in Attachment B. At that meeting, the City Council tabled action on the item in order to learn more about the lake classification. The Council reviewed the question about lake classifications at the June 7, 2021 Work Session. The minutes of the May 24, 2021, and June 7, 2021 City Council meetings are included as Attachments C and D. The remainder of this memo focuses on the requested approvals, findings of fact and the staff recommended conditions if a motion to approve is made. Page 2 of 3 Suggested Findings of Fact The Planning Commission reviewed this application at their May 5, 2021, meeting and have offered the following findings of fact for your consideration: General Findings: 1. The City of Arden Hills is proposing amendments to the language of Chapter 13 – Zoning Code of the City Code. 2. The City of Arden Hills is proposing to permit accessory storage sheds within the required structure setback from the ordinary high water level of up to 100 square feet in size and 8 feet in height. 3. Amendments to the Shoreland Regulations require approval from the Minnesota DNR. 4. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Options and Motion Language The Planning Commission reviewed this application at their May 5, 2021 meeting. At that time, they recommended approval with amendments of Planning Case 21-008 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to permit accessory storage sheds of up to 100 square feet in size and 8 feet in height within the required structure setback from the ordinary high water level by a 4-0 vote. The following are motion language options for the City Council to consider. x Approval: Motion to approve Planning Case 21-008 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to permit accessory storage sheds of up to 100 square feet in size and 8 feet in height within the required structure setback from the ordinary high water level as presented in the May 5, 2021 Report to the Planning Commission. x Approval with Amendments: Motion to approve Planning Case 21-008 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to permit accessory storage sheds of up to 100 square feet in size and 8 feet in height within the required structure setback from the ordinary high water level as presented in the May 5, 2021 Report to the Planning Commission with amendments. a specific reason should be included with amendments. x Denial: Motion to deny Planning Case 21-008 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to permit accessory storage sheds of up to 100 square feet in size and 8 feet in height within the required structure setback from the ordinary high water level: findings to deny should specifically reference the reasons for denial. x Table: Motion to table Planning Case 21-008 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to permit accessory storage sheds of up to 100 square feet in size and 8 feet in height within the required structure setback from the ordinary high water level: the Planning Commission should identify a specific reason and/or information request should be included with a motion to table. Page 3 of 3 Budget Impact N/A Attachments A. Draft Ordinance B. City Council Memo dated May 24, 2021 C. Minutes of May 24, 2021 City Council Meeting D. Minutes of June 7, 2021 City Council Meeting 1 210956v1 ORDINANCE NO. 2021-004 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1330, SUBSECTION 1330.03, SUBD. 5E OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 - Zoning Code, Section 1330 – Shoreland Regulations, Subsection 1330.03 – General Provisions, is hereby amended to permit accessory storage sheds within the required structure setback from the ordinary high water level of up to 100 square feet in size and 8 feet in height. as follows: 1330.03 General Provisions. (revised 06/28/21) Subd. 5 Exceptions to Structure Setback Requirements. No structure shall be placed within the structure setback requirements of the shoreland management district. The following are not classified as structures for the purposes of this section: E. Lakeshore lots may be permitted one (1) accessory storage shed within the required structure setback from the ordinary high water level, provided that it complies with the following provisions: 1. The structure or facility is not located within the Shore Impact Zone. 2. The structure or facility does not exceed 100 square feet in size and eight (8) feet in height, measured to the highest point of the structure. 3. The maximum width of the structure, as viewed from the water, does not exceed ten (10) feet. 4. The structure or facility is not designed or used for human habitation and does not contain a water supply or sewage treatment facilities. 5. The structure or facility shall be constructed of material architecturally similar in design, texture, and color to the principal structure on the lot; the design shall be reviewed by the City Planner prior to issuance of building permits. 6. The structure shall be screened a minimum of 50 percent by opaque vegetation or topography on the three walls seen from the lake with ecologically suited landscaping landward of the ordinary high water level from the lake. 7. The roof shall not be used as a deck or storage area. 8. The structure or facility is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245. Attachment A 2 To view the final document, access adopted Ordinances via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. 210956v1 SECTION 2. This Ordinance shall become effective immediately upon its passage and publication according to law. PASSED and ADOPTED this 28th day of June, 2021, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By ________________________________ David Grant, Mayor ATTEST: ______________________________ Julie Hanson, City Clerk Published in the Pioneer Press on July 2, 2021. Page 1 of 4 PUBLIC HEARING – 9C MEMORANDUM DATE: May 24, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Bolton & Menk Corrin Bemis, Bolton & Menk SUBJECT: Planning Case #21-008 – Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendment – Chapter 13 – Section 1330.03 Subd. 5, E Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider x Hold the required public hearing for Planning Case 21-008, an application for an amendment to the language in Section 1330.03 Subd. 5, E of the Arden Hills City Code to permit accessory storage sheds within the required structure setback from the ordinary high water level of up to 100 square feet in size and 8 feet in height. The City Council will be asked to make a formal decision regarding the application under Agenda Item 10C. Background In September of 2020, Kye Samuelson (“Applicant”) requested a Variance in order to construct an accessory structure near the shoreline of 3493 Siems Court (“Subject Property”) within the Shore Impact Zone of Lake Johanna. The Applicant requested a variance to build a 120 square foot accessory storage structure that encroached eighteen (18) inches into the Shore Impact Zone of Lake Johanna. The proposed structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The rationale for the variance was that the structure would be used for the storage of modern day recreational water equipment and the hardship was due to the rear yard topography. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District, and is guided as Low Density Residential on the Land Use Plan. $WWDFKPHQW% Page 2 of 4 At its October 7, 2020 meeting, the Planning Commission voted to table the request to allow the Applicant to revise their plans to better conform to the Shoreland Ordinance provisions. The Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. The Applicant then proposed to construct an accessory structure that would be nine and a half (9.5) feet tall and ninety-three and a half (93.5) square feet in size. However, the proposed structure still required a variance due to the proposed height and area that exceeded current ordinance standards. At its December 9, 2020 meeting the Planning Commission reviewed and discussed the updated application. The Planning Commission voted 4-3 to approve the planning case. At its January 11, 2021 meeting the City Council reviewed Planning Case 20-017. The City Council voted unanimously to table this planning case to allow them to review the existing accessory structure size standards for the Shoreland District. The Applicant signed a 6-month Extension Form (Attachment B), requiring the City Council to take action on the variance request by July 12, 2021. At its February 16, 2021 meeting the City Council discussed increasing the permitted size of accessory structures within the Ordinary High Water Level (OHWL) setback. The City Council directed staff to draft ordinance language to increase the size of accessory structures located within the OHWL setback. The City Council did not support increase the height of accessory structures located within the OHWL setback. Following this meeting, staff drafted ordinance language and sent the language to the DNR for review. At its April 19, 2021 Work Session, the City Council reviewed the proposed amendment to the zoning code and directed staff to bring the draft language to the Planning Commission for review. Staff received written comments from the DNR prior to the Planning Commission meeting (Attachment H). A full evaluation of the proposal was presented to the Planning Commission on May 5, 2021. At this meeting, the Planning Commission voted to approve Planning Case 21-008 with some amendments. The memo to the Planning Commission on this case is provided in Attachment D. Draft minutes from the meeting are included in Attachment E. During the May 5, 2021 Planning Commission Meeting, a resident noted that the classification of Lake Johanna in the Arden Hills City Code as a general development lake is inconsistent with the classification of Lake Johanna on the Minnesota Department of Natural Resource’s website as a recreational development lake. Since this meeting, staff has been in contact with the DNR to discuss this inconsistency. The DNR noted that this inconsistency was identified in 1984 and the City of Arden Hills passed a resolution requesting the DNR to change their classification to Lake Johanna to a general development lake to match the classification in the Arden Hills City Code. Unfortunately, the resolution was never sent to the DNR, and the classification was never changed. With consent of the Arden Hills City Council, the DNR is willing to accept the 1985 resolution and update their classification of the lake to match that of Arden Hills. Correspondence between staff and the DNR is included in Attachment I. The 1985 Arden Hills Resolution is included in Attachment J. Page 3 of 4 Plan Evaluation Chapter 13, Zoning Regulations Review Section 1330.03 Subd. 5, E of the Arden Hills City Code states that lakeshore lots are permitted one (1) accessory storage shed within the required structure setback from the OHWL, provided that it is not located within the Shore Impact Zone. The Shore Impact Zone is the land located between the OHWL and a line parallel to it at a setback of 50 percent of the structure setback. The structure setback standards vary depending on the lake classification as established by Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Ramsey County. The table below breaks down the setback standards for Arden Hills lakes. Lake OHWL Lake Classification Structure Setback Shore Impact Zone Width Lake Johanna 878 ft. General 50 ft. 25 ft. Little Johanna NA Recreational 75 ft. 35ft. Lake Josephine 884.4 ft. General 50 ft. 25 ft. Karth Lake 934.95 ft. General 50 ft. 25 ft. Section 1330.03 Subd. 5, E also states that accessory structures within the OHWL shall not exceed sixty-four (64) square feet in size or eight (8) feet by eight (8) feet and eight (8) feet in height measured to the highest point of the structure; and is not used for human habitation and does not contain a water supply or sewage treatment facilities. It’s worth noting that no more than two (2) accessory structures shall be permitted on a lot primarily used for residential uses and the structures shall not exceed seven hundred and twenty- eight (728) square feet in floor area. The accessory structures shall not occupy more than 25 percent of the rear yard. The exterior finish of accessory structures shall be compatible in appearance and material used with the principal structure. These requirements will continue to apply. Discussion As a result of previous discussions, the staff has drafted the following language revising Section 1330.03 Subd. 5, E. This language increases the size of an accessory storage shed currently permitted under the Arden Hills City Code. However, the size and height are still less that what is permitted under the State model ordinance (Section 7.3). E. Lakeshore lots may be permitted one (1) accessory storage shed within the required structure setback from the ordinary high water level, provided that it complies with the following provisions: 1. The structure or facility is not located within the Shore Impact Zone. 2. The structure or facility does not exceed 100 square feet in size and eight (8) feet in height, measured to the highest point of the structure. Page 4 of 4 3. The maximum width of the structure, as viewed from the water, does not exceed ten (10) feet. 4. The structure or facility is not designed or used for human habitation and does not contain a water supply or sewage treatment facilities. 5. The structure or facility shall be constructed of material architecturally similar in design, texture, and color to the principal structure on the lot; the design shall be reviewed by the City Planner prior to issuance of building permits. 6. The structure shall be screened a minimum of 50 percent by opaque vegetation or topography on the three walls seen from the lake with ecologically suited landscaping landward of the ordinary high water level from the lake. 7. The roof shall not be used as a deck or storage area. 8. The structure or facility is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245. Public Notice and Comments A Zoning Code Amendment requires a public hearing. A public hearing notice for this planning case was published in the Pioneer Press on May 13, 2021. As of May 19, 2021, Staff has received three public comments regarding this case. Redacted versions of the two written public comments are included in Attachment G. The third public comment was received via phone. This resident expressed concern about maximum height will be measured and about the maximum width of the structure viewed from the water. Staff was able to address both concerns by referencing definitions from the Arden Hills City Code. Attachments A. Redlined Shoreland Regulations Amendment B. Clean Shoreland Regulations Amendment C. Minnesota DNR Shoreland Management Model Ordinance D. Signed 6-Month Extension Form E. Planning Commission Memo F. Draft Planning Commission Minutes G. Redacted Public Comments H. DNR Comments I. DNR Reclassification Letter J. Resolution No. 85-22 K. City Council Presentation Approved: June 14, 2021 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MAY 24, 2021 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, 2020 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; Interim Public Works Director David Swearingen; Finance Director Gayle Bauman; City Attorney Joel Jamnik; Planning Consultant Jane Kansier (Bolton & Menk); Senior Planner Jessica Jagoe; City Clerk Julie Hanson; and Aaron Nielsen, MMKR 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 (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. RESPONSE TO PUBLIC INQUIRIES A. Public Inquiry Response from May 10, 2021 City Council Meeting – Water Bill Attachment C ARDEN HILLS CITY COUNCIL – MAY 24, 2021 2 Finance Director Bauman reported the City Council discussed two disputed water bills at the May 17 work session and provided direction to staff. She explained staff had made the necessary adjustments to the two customer accounts and communicated the changes to the customers. B. Public Inquiry Response from May 10, 2021 City Council Meeting- Snelling Avenue Project Interim Public Works Director Swearingen stated at the May 10, 2021 City Council meeting there was a comment made regarding the direction staff was given to prepare plans and specifications for the Snelling Avenue project. He explained at the April 26, 2021 City Council meeting the Council directed staff to move forward with the recommendation within the feasibility report, Alternate 2, which has a strong emphasis on implementing safe pedestrian travel while utilizing the shoulder areas of the roadway. Staff commented further on the design proposed within Alternate 2 and discussed how the roadway would be modified and restriped. 4. PUBLIC PRESENTATIONS A. 2020 Financial Statements Aaron Nielsen, MMKR, provided the Council with a presentation on the City’s 2020 financial statements. He reported the City received an unmodified or clean opinion on its financial statements. The operation of the enterprise funds was reviewed with the Council. He discussed the General Fund revenues and expenditures in further detail and he commended the City on its strong financial position. Councilmember Holmes thanked Mr. Nielsen for his presentation. She thanked staff for working with the auditors to address the segregation of duties concern. Councilmember McClung stated he was pleased to see staff had worked very hard with the auditors to address the segregation of duties concern. Councilmember Scott congratulated staff for a job well done. Mayor Grant thanked staff and the auditors for their tremendous efforts on behalf of the community. 5. 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 mask mandate was recently lifted by the governor and noted the City of Arden Hills did not have a mask mandate in place. He stated Arden Hills City Hall would remain closed to the public until further notice, not normal operations would continue. He indicated staff could be reached ARDEN HILLS CITY COUNCIL – MAY 24, 2021 3 via email or phone. He reported the City was currently planning to reopen City Hall on July 1, 2021, but that could change depending on the Governor’s decision on whether or not he’ll extend his emergency declaration. He commented the State was still awaiting receipt of federal government (ARP) funding and once received payments would be made to non-entitlement cities. B. Transportation Update Interim Public Works Director Swearingen provided the Council with an update on the I-35W MNPASS project. He encouraged residents to visit MNDOT’s website for the most current and up to date information on this project. 6. APPROVAL OF MINUTES A. May 3, 2021, Special City Council MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the May 3, 2021, Special City Council meeting minutes as amended. A roll call vote was taken. The motion carried (5-0). 7. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve 2020 City Financial Statements and Audit C. Motion to Approve Payment No. 5 – Air Express, Inc. – City Hall HVAC Replacement Project D. Motion to Approve Construction Contract for 2021 Concrete Improvement Project with Pember Companies E. Motion to Authorize Purchase of Public Works Equipment (Ford F-350, Plow and Hitch, Ford F-250) F. Motion to Approve Planning Case 21-004 – Amendment to Master Planned Unit Development and Phase 3 Final Planned Unit Development – Lexington Station Phase III G. Motion to Approve Planning Case 21-001 – 16th Amendment to Master Planned Unit Development – Boston Scientific H. Motion to Approve Watershed Maintenance Agreement with AHSL Partners LLC (Trident Development) and Stormwater Maintenance Agreement with Rice Creek Watershed – Arden Hills Senior Living I. Motion to Approve Resolution 2021-028 Appointing Kurtis Weber to the Planning Commission 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 (5-0). 8. PULLED CONSENT ITEMS ARDEN HILLS CITY COUNCIL – MAY 24, 2021 4 None. 9. PUBLIC HEARINGS A. Planning Case 21-011 – Conditional Use Permit, Master Plan Planned Unit Development and Final Planned Unit Development – 3855 Lexington Avenue (Chick-Fil-A) Planning Consultant Kansier stated the proposed development site is the location of the former Perkins and is approximately 66,853 square feet (1.535 acres) in size. HR Green, on behalf of Chick-fil-A has submitted an application for Conditional Use Permit, Master Plan Planned Unit Development and Final Planned Unit Development. The Applicant is proposing to demolish the existing building on this site and construct a 4,995 square foot fast food restaurant, with dual drive-through lanes. There are two canopies, totaling approximately 3,654 square feet covering the ordering and pick-up areas. There is also a 50-stall parking lot. The Chick-fil-A building is proposed to be located on the west side of the site, with the storefront facing Lexington Avenue. The applicant is choosing to face the store front towards Lexington Avenue to attract potential new customers that are traveling along the major arterial roadway. Positioning the building in the given layout allows the applicant to begin the drive-thru lane at the north end of the lot and run it along the west property line. The proposed patio will feature six (6) tables for a total of 24 outdoor seats. Planning Consultant Kansier reviewed the Plan Evaluation, Traffic Study along with the Design Standards in detail with the Council and recommended the Council hold a public hearing. Councilmember Holden asked who owns the property directly east of this parcel. Planning Consultant Kansier stated this property was public right of way that was owned by the State and the County. Councilmember Holden asked who owned the vacant parcel to the north and west. Planning Consultant Kansier commented she was uncertain but could look this up for the Council. Mayor Grant indicated he believed the Roberts Management Group owns this property. Planning Consultant Kansier reported the owner of the property directly north of the hotel was North American Land Company. Councilmember Scott clarified the applicant would not be using brick veneer but rather would be using a thin brick on the building. Planning Consultant Kansier stated she would like clarification from the applicant on this building material. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 5 Councilmember McClung indicated the order board was quite close to the property line and would be facing the hotel. He stated this was a concern to him and questioned if the order board could be moved to another location on the site. He feared that the hours of operation for Chick- Fil-A would impact that adjacent hotel. He questioned if the applicant had addressed this concern. Planning Consultant Kansier commented there was some discussion about putting screening along the west property line. She explained the actual order board was located north of the hotel building. Councilmember McClung stated he was mostly concerned with the noise that would be generated by the drive through and how this would impact the hotel. Planning Consultant Kansier reported the drive through order board was more than 100 feet from the hotel building. Councilmember McClung supported supplemental screening along the west property line. In addition, he wanted to see all deliveries made during daily operating hours and not overnight. Councilmember Holden questioned what the hours of operation would be. Planning Consultant Kansier stated the standard hours of operation for Chick-Fil-A were 6:00 a.m. to 10:00 p.m. Councilmember Holden asked when the AM and PM peaks were for Chick-Fil-A. Planning Consultant Kansier commented the AM peak can occur between 6:00 to 9:00 a.m. and the PM peak was generally between 4:00 and 6:00 p.m. Councilmember Holden stated she was having trouble with the traffic study. She explained the traffic study was estimating the site would have 200 trips per hour and did not believe this made any sense. Planning Consultant Kansier explained she did not have enough of an traffic background to explain the statements made within the traffic study. Councilmember Holmes indicated she would like further clarification on where the order boards would be located on the site. Planning Consultant Kansier reviewed the location of the order boards on the site plan. Mayor Grant opened the public hearing at 8:00 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:01 p.m. B. Planning Case 21-005 – Zoning Code Amendment – Chapter 13, Section 1320, Subsection 1320.05 – Land Use Concept ARDEN HILLS CITY COUNCIL – MAY 24, 2021 6 Planning Consultant Kansier stated Grove Church, otherwise known as Everyday Church, (“The Applicant”) is interested in developing the property located at 1275 Red Fox Road (“Subject Property”) as a House of Worship. The Property is currently owned by ET Arden Hills LLC and is developed with a two story office building and associated parking lot. The office building is no longer in use. The Subject Property includes two access points off of Red Fox Road. The property is zoned I-FLEX, which does not permit houses of worship, or other assembly uses. Planning Consultant Kansier commented at a special work session on March 22, 2021, the Council discussed the Applicant’s proposal to develop a House of Worship in the I-FLEX District. Following the discussion, the City Council directed staff to review and propose a zoning code amendment to allow Houses of Worship in the I-FLEX District as a Conditional Use. The amendment will impact Zoning Code Section 1320.05 – Land Use Chart. At their meeting on May 5, 2021, the Planning Commission voted to recommend approval of Planning Case 21-005 to allow Houses of Worship in the I-FLEX District as a Conditional Use. Planning Consultant Kansier explained the I-FLEX District is guided as Mixed Business (MB) and Light Industrial & Office (IND) in the Arden Hills 2040 Comprehensive Plan Land Use Chapter. The MB area is designated for a variety of businesses, including commercial, certain light industrial uses, warehousing, office, general business, and retail. The expected share of uses within this area are as follows: 0% to 50% Light Industrial; 0% to 50% Retail; and 25% to 100% Office. A development intensity of up to 0.8 FAR may be allowed. The IND area is designated for a broad range of light industrial uses such as manufacturing, processing, and warehousing. This land use may also include offices. The expected share of uses within this area are as follows: 50% to 100% Light Industrial and 0% to 100% Office. A Development intensity of up to 0.8 FAR may be allowed. According to the Comprehensive Plan the total area of the MB land use is 55 acres, or 0.9% of the total land area in the City, the total area of the IND land use is 346 acres, or 5.7% of the total land area in the City. Planning Consultant Kansier reported the entire I-FLEX District is within the Red Fox/Grey Fox/Lexington Avenue Business Area which is discussed in the Land Use Chapter. This area includes Red Fox and Grey Fox roads and is bounded by Lexington Avenue, Highway 51, Interstate 694, and the Canadian Pacific railway. This area is used by a number of small and large businesses for a variety of retail, manufacturing, distribution, warehousing, and office uses. This area was largely developed between the 1950s and 1970s, though the retail area along Lexington Avenue has had some new development and redevelopment in the last 15 years. This area is marked as an area of possible redevelopment in 2040. Planning Consultant Kansier reviewed the Plan Evaluation and recommended the Council hold a public hearing. Mayor Grant opened the public hearing at 8:07 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:08 p.m. C. Planning Case 21-008 – Zoning Code Amendment – Chapter 13, Section 1330, Subsection 1330.03, Subd. 5, E – Shoreland Structure Setback ARDEN HILLS CITY COUNCIL – MAY 24, 2021 7 Planning Consultant Kansier stated in September of 2020, Kye Samuelson (“Applicant”) requested a Variance in order to construct an accessory structure near the shoreline of 3493 Siems Court (“Subject Property”) within the Shore Impact Zone of Lake Johanna. The Applicant requested a variance to build a 120 square foot accessory storage structure that encroached eighteen (18) inches into the Shore Impact Zone of Lake Johanna. The proposed structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The rationale for the variance was that the structure would be used for the storage of modern day recreational water equipment and the hardship was due to the rear yard topography. The Subject Property is zoned R- 1, Single Residential District, is located in the Shoreland Management District, and is guided as Low Density Residential on the Land Use Plan. Planning Consultant Kansier reported at its October 7, 2020 meeting, the Planning Commission voted to table the request to allow the Applicant to revise their plans to better conform to the Shoreland Ordinance provisions. The Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. The Applicant then proposed to construct an accessory structure that would be nine and a half (9.5) feet tall and ninety-three and a half (93.5) square feet in size. However, the proposed structure still required a variance due to the proposed height and area that exceeded current ordinance standards. At its December 9, 2020 meeting the Planning Commission reviewed and discussed the updated application. The Planning Commission voted 4-3 to approve the planning case. Planning Consultant Kansier commented at its January 11, 2021 meeting the City Council reviewed Planning Case 20-017. The City Council voted unanimously to table this planning case to allow them to review the existing accessory structure size standards for the Shoreland District. The Applicant signed a 6-month Extension Form, requiring the City Council to take action on the variance request by July 12, 2021. At its February 16, 2021 meeting the City Council discussed increasing the permitted size of accessory structures within the Ordinary High Water Level (OHWL) setback. The City Council directed staff to draft ordinance language to increase the size of accessory structures located within the OHWL setback. The City Council did not support increase the height of accessory structures located within the OHWL setback. Planning Consultant Kansier explained following this meeting, staff drafted ordinance language and sent the language to the DNR for review. At its April 19, 2021 Work Session, the City Council reviewed the proposed amendment to the zoning code and directed staff to bring the draft language to the Planning Commission for review. Staff received written comments from the DNR prior to the Planning Commission meeting. A full evaluation of the proposal was presented to the Planning Commission on May 5, 2021. At this meeting, the Planning Commission voted to approve Planning Case 21-008 with some amendments. Planning Consultant Kansier stated during the May 5, 2021 Planning Commission Meeting, a resident noted that the classification of Lake Johanna in the Arden Hills City Code as a general development lake is inconsistent with the classification of Lake Johanna on the Minnesota Department of Natural Resource’s website as a recreational development lake. Since this meeting, staff has been in contact with the DNR to discuss this inconsistency. The DNR noted that this inconsistency was identified in 1984 and the City of Arden Hills passed a resolution requesting the DNR to change their classification to Lake Johanna to a general development lake to match ARDEN HILLS CITY COUNCIL – MAY 24, 2021 8 the classification in the Arden Hills City Code. Unfortunately, the resolution was never sent to the DNR, and the classification was never changed. With consent of the Arden Hills City Council, the DNR is willing to accept the 1985 resolution and update their classification of the lake to match that of Arden Hills. Planning Consultant Kansier reviewed the Plan Evaluation in further detail with the Council and recommended the Council hold a public hearing. Mayor Grant opened the public hearing at 8:15 p.m. Kye Samuelson, 3493 Siems Court, thanked the Council for considering this issue on behalf of the residents that live on Arden Hills lakes. He appreciated that fact that both practicality of the structure and beautification of the lake was considered within this Ordinance. He stated he would appreciate more information from the Council regarding the proposed building height and why the structures had to be parallel to the lakeshore. He explained there were a number of unique properties along the lakes that had existing structures and he questioned why existing foot prints had to be utilized. Gregg Larson, 3377 North Snelling Avenue, explained he made the Planning Commission aware of the fact the Arden Hills Shoreland Zoning Ordinance was inconsistent with the DNR’s lake classification for Lake Johanna. He discussed the differences between a general development lake and a recreational development lake. He noted Lake Johanna has a surface area of 230 acres and three miles of shoreline. He explained Lake Johanna was clearly a recreational development lake. He stated this was important to understand because there was a difference in the setbacks required for recreational development lakes (35 feet from OHWL) versus general development lakes (25 feet from OHWL). He indicated this helped to enhance the aesthetics of smaller lakes and to provide for more screening between the setback and the lake. He discussed how the improper classification of Lake Johanna, Karth Lake and Little Johanna in the City were impacting the community. He encouraged the Council to put this item on hold so the City could properly inform the lakeshore owners about the correction that was needed. Mayor Grant closed the public hearing at 8:24 p.m. 10. NEW BUSINESS A. Planning Case 21-011 – Conditional Use Permit (Resolution 2021-029), Master Plan Planned Unit Development and Final Planned Unit Development – 3855 Lexington Avenue (Chick-Fil-A) Planning Consultant Kansier stated HR Green, on behalf of Chick-fil-A has submitted an application for Conditional Use Permit, Master Plan Planned Unit Development and Final Planned Unit Development. The proposed development site is the location of the former Perkins and is approximately 66,853 square feet (1.535 acres) in size. The Applicant is proposing to demolish the existing building on this site and construct a 4,995 square foot fast food restaurant, with dual drive-through lanes. There are two canopies, totaling approximately 3,654 square feet covering the ordering and pick-up areas. There is also a 50-stall parking lot. The Chick-fil-A building is proposed to be located on the west side of the site, with the storefront facing Lexington ARDEN HILLS CITY COUNCIL – MAY 24, 2021 9 Avenue. The applicant is choosing to face the store front towards Lexington Avenue to attract potential new customers that are traveling along the major arterial roadway. Positioning the building in the given layout allows the applicant to begin the drive-thru lane at the north end of the lot and run it along the west property line. The proposed patio will feature 6 tables for a total of 24 outdoor seats. Planning Consultant Kansier reviewed the request in further detail and offered the following Findings of Fact: 1. The property located at 3855 Lexington Avenue is designated for Commercial uses on the 2040 Comprehensive Plan. 2. The applicant has proposed a Master Plan Planned Unit Development, Final Planned Unit Development and Conditional Use Permit in order to construct a fast food restaurant with drive-through lanes. 3. The Final PUD substantially conforms with the requirements of the City Code. 4. Where the plan is not in conformance with the City Code, flexibility has been requested by the applicant and/or conditions have been placed on an approval that would mitigate the nonconformity. 5. Flexibility through the PUD process has been requested in the following areas: lot size, minimum landscape coverage, building height and parking requirements. 6. The proposed development plan meets or exceeds the minimum requirements of the City Code in the following areas: accessory structure setbacks, drive-through facility setbacks, drive-through facility landscaping setbacks, and number of parking spaces. 7. Fast food restaurants with drive-through facilities area allowed as a conditional use in the B-3 District. 8. All new developments or redevelopments in the B-3 district require a planned unit development. 9. The adjacent properties to the south and west are zoned B-3 and are guided for Commercial use in the Arden Hills 2040 Comprehensive Plan. 10. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Planning Consultant Kansier stated the Planning Commission reviewed this application at their May 5, 2021 meeting. At that time, they recommended approval of the Chick-fil-A application for a Conditional Use Permit, Master Planned Unit Development and Final Planned Unit Development by a 4-0 vote. Staff recommended approval of Resolution 2021-029, approving the Conditional Use for Planning Case 21-011 at 3855 Lexington Avenue, based on the findings of fact and the submitted materials. In addition, staff recommended approval of Planning Case 21- 011 for a Master Plan Planned Unit Development and a Final Planned Unit Development at 3855 Lexington Avenue, based on the findings of fact and submitted plans, subject to the following conditions: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to the plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 10 2. The Conditional Use Permit and Planned Unit Development approvals shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. 3. Prior to the issuance of building permits, the Applicant shall enter into a Planned Unit Development Agreement. 4. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 5. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. Other than wash or architectural lighting, attached security lighting shall be shoebox style, downward directed with flush lenses. If complaints are received the lighting adjacent to residential uses shall utilize house shields as directed by the City. In addition, any lighting under canopies (building entries) shall be recessed and use a flush lens. 6. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be those in effect at the time of Final Plat approval and shall be memorialized in the Development Agreement. 7. A right-of-way permit shall be required for work performed within the City right-of-way. 8. No exterior storage shall be permitted. 9. Prior to the issuance of a land disturbance permit, the Applicant shall submit an operation and maintenance plan for the long-term care of all on-site and off-site stormwater, sanitary sewer, and water main to the City for review and approval. The Applicant will be responsible to carry out these operation and maintenance activities and to submit the appropriate documentation to the City as specified. 10. Any future trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 11. Prior to the issuance of a building permit, a landscape financial security in the amount of 125% of the estimated cost of the landscaping shall be submitted. Landscape financial security is held for two full growing seasons. 12. Before construction, grading, or land clearing begins, trees or tree areas that are to be preserved shall be visibly marked and city-approved tree protection fencing or other method shall be installed and maintained at the critical root zones of the trees to be protected. The location of the fencing shall be in conformance with the approved tree preservation plan and approved by staff in writing. 13. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 14. All fencing and retaining wall materials shall be complementary to the building materials and shall be approved in writing by the Planning Division prior to issuance of a building permit. Retaining walls greater than four (4) feet in height shall be engineered and detailed calculations shall be submitted to the City. 15. Prior to City Council, the Applicant shall submit a materials board to be approved in writing by staff. 16. A Grading and Erosion permit shall be obtained from the city’s Engineering Division prior to commencing any grading, land disturbance or utility activities. The Developer shall be responsible for obtaining any permits necessary from other agencies, including but not ARDEN HILLS CITY COUNCIL – MAY 24, 2021 11 limited to, MPCA, Rice Creek Watershed District, and Ramsey County, MNDOT prior to the start of any site activities. 17. The Applicant shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 18. Prior to the issuance Grading and Erosion permit, the Engineering Department shall review and approve final grading and utility plans in writing. 19. The Applicant must meet MPCA noise guidelines. 20. Noise screening must be approved by City staff that addresses the ordering stations. Planning Consultant Kansier reviewed the options available to the City Council on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Councilmember McClung requested further information regarding the sidewalk alignment. Planning Consultant Kansier reviewed the location of the sidewalks on the site plan. Councilmember McClung suggested Condition 20 be amended to note the ordering stations refer to the western most ordering stations. Councilmember Scott asked if the exterior building material would be a brick veneer or full depth brick. Justin Lurk, Chick-Fil-A representative, reported the building would have full depth brick. Councilmember Holden questioned if there would be only four lights in the parking lot. She asked what type of lights would be installed. Joe Vavrina, HR Green representative, reviewed the photometric plan in detail with the Council. Councilmember Holden inquired how tall the light poles would be. Mr. Vavrina indicated the poles would be 25 feet in height. He reported the lights in the drive through would be installed under the canopy and would not be installed on 25 foot poles. Councilmember Holden suggested Chick-Fil-A consider using 20 foot light poles in order to reduce the impact on the adjacent property. She suggested a four or six inch skirt be considered on the canopy to keep the light down and away from the adjacent hotel property. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 12 Mr. Vavrina noted the lights would be downlit within the canopies. He stated he has not been required to install a skirt before and indicated he was not certain how this would impact vehicles. Planning Consultant Kansier commented it would benefit the City to have a photometric plan that went all the way to the property line. Councilmember Holden asked what lights would remain on after the business closed for the night. Mr. Vavrina stated he was almost certain that the canopy lights would turn off overnight and the parking lot lights would remain on during the evening hours. Mr. Lurk discussed the enhanced landscaping buffer that would be installed on the western property line. He explained this would create a year round screen to break down some of the light spill, if there is any. Councilmember Holden questioned if the hotel knew about the proposed landscaping buffer. Mr. Lurk reported his team spoke with the hotel owner and they supported the proposed landscaping buffer. Councilmember Holden commented she was concerned with the lights and the light wash that would spill over to the hotel property. She discussed how the operation of a Chick-Fil-A differed from Perkins. Councilmember Holmes stated she was interested in mitigating the sound coming from the order boards. Mr. Lurk reviewed the location of the order boards and discussed how traffic would flow through the site. It was noted the speakers for the order boards face west. He reported all MPCA requirements were being met for the sound system on the site. Councilmember Holmes questioned if the grassy median would remain in place between the hotel and Chick-Fil-A. Mr. Lurk stated this would remain in place. He commented further on the proposed landscaping plan. Further discussion ensued regarding the HVAC unit locations and MPCA requirements for the sound coming from this site. Councilmember Holden requested further information regarding the traffic study. Mr. Lurk discussed the trip generation and daily trip data within the traffic study. Councilmember Holden questioned how many trips would be coming and going to this site per day. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 13 Mr. Lurk estimated the site would have around 2,500 trips per day which meant there would be 1,250 cars coming in and 1,250 cars going out. He estimated 40% to 50% of these trips were already traveling in the network and the remainder would be vehicles coming from outside the area to the restaurant. He commented further on the mid-day and evening peaks. Councilmember Holden asked if one lane of the drive thru would be shut down during non-peak times. Mr. Lurk stated the site would have the option of shutting down the outer lane during non-peak hours. Councilmember McClung discussed the City’s delivery policy and questioned if Chick-Fil-A understood the City’s ordinance requirements. Mr. Lurk reported he understood the delivery Ordinance. Councilmember Scott asked if any of the exterior walls would be washed with lighting. Mr. Vavrina reported there would be sconces on the south, east and north faces, with only one sconce near the pick up window on the west face. Mayor Grant recommended a motion be put on the floor for Council consideration. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve Planning Case 21-011 for a Master Plan Planned Unit Development (PUD) and a Final Planned Unit Development at 3855 Lexington Avenue, based on the findings of fact and submitted plans, and the twenty (20) conditions in the May 24, 2021, Report to the City Council. AMENDMENT: Councilmember McClung moved and Councilmember Holden seconded a motion to amend Condition 20 to read: Noise screening consisting of supplemental tree and vegetation plantings along the west property line, screening the order and pick up stations, must be approved by City staff. A roll call vote was taken. The amendment to Condition 20 carried (5- 0). AMENDMENT: Councilmember McClung moved and Councilmember Holden seconded a motion to add Condition 21 to read: Refuse collection and all deliveries are subject to applicable Arden Hills City Ordinances which prohibit overnight deliveries. A roll call vote was taken. The amendment to add Condition 21 carried (5-0). ARDEN HILLS CITY COUNCIL – MAY 24, 2021 14 Councilmember Holden indicated she would like to remove Condition 19 because the applicant would have to meet State law for all noise standards. She stated this would require renumbering of the conditions. AMENDMENT: Councilmember Holden moved and Councilmember Holmes seconded a motion to remove Condition 19. A roll call vote was taken. The amendment to remove the original Condition 19 carried (5-0). AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 22 to read: The water connection will be a wet tap and there will be no service disruption to other businesses in the area. Councilmember Holmes asked why this was necessary. Councilmember Holden stated this requirement would ensure that when the site was hooked up to City water the surrounding businesses were not impacted. Interim Public Works Director Swearingen reported the existing water service on the site cannot be used so a wet tap or pressure tap would have to be used to run water service to the new building. Mr. Lurk explained he supported this recommendation. A roll call vote was taken. The amendment to add Condition 22 carried 4-1 (Councilmember Scott opposed). AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 23 to read: The most western drive thru lane will be closed before 8:00 a.m. and after 9:00 p.m. Mayor Grant requested comment from the applicant regarding the proposed condition. Mr. Lurk stated this condition would take the flexibility away from the operator, but he understood the notion. Councilmember Holmes commented she would not support this amendment. She recommended the applicant be allowed to open or close the lane when needed. She questioned how the City would be able to enforce or patrol this. She supported the business being a good neighbor and recommended the City allow Chick-Fil-A to operate as they see fit. Councilmember Holden reported if issues were to arise, Chick-Fil-A could request a change to the times in the future. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 15 A roll call vote was taken. The amendment to add Condition 23 carried 3-2 (Councilmembers Holmes and Scott opposed). AMENDMENT: Councilmember Holden moved and Councilmember Holmes seconded a motion to add Condition 24 to read: The landscaping along the west property line on hotel property will be maintained by Chick-Fil-A. A roll call vote was taken. The amendment to add Condition 24 carried (5-0). Councilmember Holden asked if she could add a condition requiring the canopy lights in each lane to be placed on a separate switch. City Attorney Jamnik reported this could be done and noted a glare shield could also be required. AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 25 to read: The canopy lights in each lane shall be put on separate switches. Councilmember Holmes believed this condition was too cumbersome for the applicant. She noted the hotel would have lights on in the parking lot. She indicated she would not be supporting this condition. Councilmember Scott anticipated turning off the lights in one lane of the drive thru would not greatly impact the adjacent hotel. For this reason, he would not be supporting the amendment. Mayor Grant commented he believed it was wise to have the lanes on separate switches and that this was best done up front. A roll call vote was taken. The amendment to add Condition 25 carried 3-2 (Councilmembers Holmes and Scott opposed) AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 26 to read: The western most canopy will have its lights shut off at 9:00 p.m. A roll call vote was taken. The amendment to add Condition 26 carried 3-2 (Councilmembers Holmes and Scott opposed). AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 27 to read: A stop sign shall be installed at Red Fox Road. Councilmember Holmes questioned why the proposed stop sign was 16 feet back. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 16 Mr. Lurk reported this was to accommodate the sidewalk that would run to the west. He reported the stop sign could be moved five feet further to the south. Councilmember Scott stated he did not have enough knowledge to say one way or the other on this. Councilmember Holmes indicated she was confused. She noted there was not a stop sign at Lexington Plaza. She believed people seemed to know to stop before coming out of a parking lot. She commented if the intent was to stop traffic before the crosswalk, then the proposed location would work. Planning Consultant Kansier reviewed the site plan and noted the location of the proposed stop sign at Red Fox Road. Councilmember Holden stated she was trying to have a stop sign at the parking lot exit at Red Fox Road. Mr. Lurk explained typically you wanted to stop traffic before they got to the crosswalk. He indicated it was not typical to have two stop signs only 10 to 15 feet apart. City Attorney Jamnik reported when trails are separated by a boulevard back from the road right of way, some cities have put a small sign up for trail crossing and a larger stop sign at the road entrance. However, he deferred this matter to the City Engineer or County traffic safety individuals. He suggested this condition be amended to require the applicant to verify with City and County Engineers what signage approach would work at this intersection. Councilmember Holden withdrew her amendment to add Condition 27. Councilmember McClung withdrew his second. AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 27 to read: The City Engineer and the County Engineer will verify with the applicant what signage approach should be installed at the intersection of Red Fox Road. A roll call vote was taken. The amendment to add Condition 27 carried (5-0). A roll call vote was taken. The amended motion to approve Planning Case 21- 011 for a Master Plan Planned Unit Development (PUD) and a Final Planned Unit Development at 3855 Lexington Avenue, based on the findings of fact and submitted plans, the twenty (20) conditions as presented in in the May 24, 2021, Report to the City Council and the addition of Conditions 20, 21, 22, 23, 24, 25, 26 and 27 carried (5-0). B. Planning Case 21-005 – Ordinance 2021-003 Zoning Code Amendment – Chapter 13, Section 1320, Subsection 1320.05 – Land Use Charter ARDEN HILLS CITY COUNCIL – MAY 24, 2021 17 Planning Consultant Kansier stated Grove Church, otherwise known as Everyday Church, (“The Applicant”) has submitted an application for an amendment to the language of Chapter 13 – Zoning Code of the Arden Hills City Code to allow for Houses of Worship as a Conditional Use in the I-FLEX District in City Code Section 1320.05 – Land Use Chart. The applicant is interested in developing the property located at 1275 Red Fox Road (“Subject Property”) as a House of Worship. The Property is currently owned by ET Arden Hills LLC and is developed with a two- story office building and associated parking lot. The office building is no longer in use. The property is zoned I-FLEX, which does not permit houses of worship, or other assembly uses. Staff reported the City Council was asked to hold the required public hearing for Planning Case 21-005 under Agenda Item 9B. Planning Consultant Kansier offered the following Findings of Fact: 1. The City of Arden Hills is proposing amendments to the language of Chapter 13 – Zoning Code of the City Code. 2. The Subject Property is located in the I-FLEX Zoning District. 3. Under City Code Section 1320.05, Houses of Worship are not allowed in the I-FLEX District. 4. The City is proposing to alter Section 1320.05 to allow Houses of Worship as a Conditional Use in the I-FLEX District. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 6. If this amendment is approved, the Applicant will submit a Conditional Use Permit application for the permitting of Grove Community Church (Everyday Church) at the Subject Property. Planning Consultant Kansier explained the Planning Commission reviewed this application at their May 5, 2021 meeting. At that time, they recommended approval of Planning Case 21-005 for an amendment to the language of Chapter 13 – Zoning Code of the Arden Hills City Code to allow for Houses of Worship as a Conditional Use in the I-FLEX District in City Code Section 1320.05 – Land Use Chart by a 4-0 vote. Planning Consultant Kansier reviewed the options available to the City Council on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve Planning Case 21-005 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Places of Worship as a Conditional Use in the I-Flex District as presented in the May 5, 2021 Report to the Planning Commission. A roll call vote was taken. The motion carried (5-0). ARDEN HILLS CITY COUNCIL – MAY 24, 2021 18 Mayor Grant reported it was now 10:00 p.m. and the Council needed a motion to extend the meeting. MOTION: Councilmember Holden moved and Councilmember Scott seconded a motion to extend the City Council meeting for 30 minutes to 10:30 p.m. A roll call vote was taken. The motion carried (5-0). C. Planning Case 21-008 – Ordinance 2021-004 Zoning Code Amendment – Chapter 13, Section 1330, Subsection 1330.03, Subd. 5, E – Shoreland Structure Setback Planning Consultant Kansier stated the City Council was asked to hold the required public hearing for Planning Case 21-008 under Agenda Item 9C. Staff offered the following Findings of Fact for this request: 1. The City of Arden Hills is proposing amendments to the language of Chapter 13 – Zoning Code of the City Code. 2. The City of Arden Hills is proposing to permit accessory storage sheds within the required structure setback from the ordinary high water level of up to 100 square feet in size and 8 feet in height. 3. Amendments to the Shoreland Regulations require approval from the Minnesota DNR. 4. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Planning Consultant Kansier explained the e Planning Commission reviewed this application at their May 5, 2021 meeting. At that time, they recommended approval with amendments of Planning Case 21-008 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to permit accessory storage sheds of up to 100 square feet in size and 8 feet in height within the required structure setback from the ordinary high water level by a 4-0 vote. Planning Consultant Kansier reviewed the options available to the City Council on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Councilmember Holden stated she supported tabling this item to a future work session in order to address the lake designation concerns. Mayor Grant indicated this particular request was specific to the actual structure itself and not what type of lake it was. Planning Consultant Kansier reported this was the case. Mayor Grant asked what the timeline was for approving this matter. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 19 Planning Consultant Kansier explained the zoning amendment was initiated by the City Council. However, the variance request that triggered this action had to be considered by the Council prior to July 12, 2021. Councilmember Holmes supported the Council taking action on this item tonight. Councilmember Holden reported if the classification of the lake were to change, Mr. Samuelson would be allowed to have his structure 25 feet from the OHWL and every future request would have to be set back 35 feet. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to table action on Planning Case 21-008 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to a future City Council worksession meeting. A roll call vote was taken. The motion carried 3-2 (Councilmembers McClung and Scott opposed). D. Planning Case 21-006 – Resolution 2021-030 – Variance at 4073 Valentine Court Planning Consultant Kansier stated Robert Kunze (“Applicant”) is requesting a variance to decrease the required side yard setback of his single-family detached dwelling on the Subject Property from 40 feet to 7.82 feet for a proposed garage addition. The Subject Property is zoned R-1, Single Family Residential District, and is guided as Low Density Residential in the land use plan. Section 1320.06 of the Arden Hills City Code requires a side yard setback of 40 feet on corner lots. According to the Applicant’s narrative submitted as a part of his application, the Subject Property includes unique circumstances due to its nontraditional shape. The front of the property includes one curved section and three straight sections that make it difficult for the applicant to conform to current setback regulations. The Subject Property is a legal non- conforming lot, as the required side yard setback for corner lots was ten (10) feet when the property was built in 1953. The Applicant is requesting the proposed garage addition to allow for more storage space for his vehicles and additional space to store woodworking equipment. The proposed garage addition would meet applicable building codes and all other regulations in the R- 1 District. The applicant would not be able to construct the proposed garage addition without a variance. Planning Consultant Kansier reported the City Council is being asked to determine if a variance request for flexibility with the side yard setback of a corner lot should be approved. The sketches that have been submitted show the location of the proposed garage addition and the proposed driveway addition. The evaluation of the proposal should be based on the District Provisions in Section 1320 and the Requirements for a Variance in Section 1355.04, Subd. 4. At their meeting on May 5, 2021, the Planning Commission voted to recommend approval of Planning Case 21- 006 with conditions to allow at side yard setback variance at the Subject Property. A full evaluation of the proposal was presented to the Planning Commission at the May 5th meeting. Planning Consultant Kansier reviewed the Plan Evaluation and offered the following Findings of Fact: ARDEN HILLS CITY COUNCIL – MAY 24, 2021 20 1. City Staff received a land use application for a variance request to decrease the minimum side yard setback on a single family dwelling at the Subject Property 4073 Valentine Court. 2. A single-family detached dwelling is a permitted use in the R-1 district. 3. The Subject Property is non-conforming with the R-1 district’s standards for minimum side yard setbacks on a corner lot. 4. The proposed garage addition would be located 7.82 feet from the Northwest side yard property line. 5. The proposed garage addition of the subject parcel would conform to all other requirements and standards of the R-1 district. 6. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. 7. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Planning Consultant Kansier explained the Planning Commission reviewed this application at their May 5, 2021 meeting. At that time, they recommended approval with conditions of Planning Case 21-006 for a side yard setback variance at 4073 Valentine Court by a 4-0 vote. Planning Consultant Kansier reviewed the options available to the City Council on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Councilmember Holden asked if the red pine trees had been removed. Planning Consultant Kansier explained the red pines were located within the right of way and were not on the applicant’s property. Robert Kunze, 4037 Valentine Avenue, stated when he first began working with Mike Mrosla, he was told a new tree survey was not required. For this reason, the trees on the plan were inaccurate. He noted the red pines have been removed because the lower branches died. Councilmember Holden questioned how the red pines were removed. Mr. Kunze indicated he hired a contractor to remove the trees. Councilmember Holden noted for the record that Mr. Kunze removed the red pines that were located in the City right of way. She then questioned what new screening material was planted. Mr. Kunze reported he planted the new screening material prior to removing the red pines. Councilmember Holden stated she could not support this request. She indicated the garage could be pushed back 10 feet and there would be ample room. She did not understand why the City right of way was being used for screening and space for the garage. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 21 Councilmember Holmes agreed noting she did not believe the applicant had shown a practical difficulty in this case. She did not believe the lot was so unique that a variance should be granted. Councilmember Scott explained he would be supporting the variance. He reported he drove by this property and he understood the need to enclose vehicles and equipment in a structure. He believed there was ample screening on this property to support this variance request. Councilmember McClung commented he would be supporting the application as well. He indicated he spent some time on the property with the homeowner and talked over the options. He stated after he walked the lot, he had a greater appreciation for the request. He reported Mr. Kunze was a long time resident of Arden Hills and he would like to do something meaningful with his retirement. He noted not one resident in the neighborhood has opposed this request. Councilmember Holden questioned if a tree dies in the right of way would the City be responsible for removing this tree. She did not believe this made sense. Mayor Grant stated that there appeared to be alternatives for this property and he did not know if these alternatives have been captured. He stated the amount of variance was considerable and for this reason he would not be supporting this variance. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to deny Planning Case 21-006 for a Variance at 4073 Valentine Court based on the following rationale: 1. The subject property did not have enough room for screening except for using City right of way. 2. The variance amount was excessive. 3. There are alternatives for increasing storage space on that property other than a third stall on the garage. A roll call vote was taken. The motion carried 3-2 (Councilmembers McClung and Scott opposed). 11. UNFINISHED BUSINESS None. 12. COUNCIL COMMENTS Councilmember McClung stated he believed it was unfortunate the City Council denied the variance request. Councilmember Holden reported the Rotary was making four little libraries for the City of Arden Hills. She requested the Council provide her with addresses of existing little libraries because she would like to make a map for the City. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 22 ADJOURN MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to adjourn. A roll call vote was taken. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 10:25 p.m. __________________________ __________________________ Julie Hanson David Grant City Clerk Mayor Approved: CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL WORK SESSION JUNE 7, 2021 5:45 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 5:45 p.m. Note: On March 20th, 2020 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, and Steve Scott Absent: Councilmember Dave McClung Also present: City Administrator Dave Perrault and Senior Planner Jessica Jagoe 1. AGENDA ITEMS A. Shoreland Ordinance and Lake Classification Discussion Senior Planner Jagoe stated at its May 24, 2021 Regular Meeting, the City Council reviewed the Zoning Code Amendment for Planning Case 21-008 to permit accessory storage sheds within the required structure setback from the ordinary high water level of up to 100 square feet in size and 8 feet in height. At that meeting, the City Council tabled the amendment to allow for further discussion and review of lake classifications. Staff provided detailed historical information for the Council for the City’s shoreland ordinance, the lakes classifications, and commented on the proposed Ordinance revisions. Senior Planner Jagoe explained in 1969, the State of Minnesota passed the Shoreland Management Act due to concerns over rapid development, crowding, and declining water quality and recreational value of the State’s lakes and rivers. From 1967–1982, the Minnesota Department of Natural Resources (DNR) noted a shoreland development increase by about 74% with conversion of seasonal cabins to permanent dwellings and development of new permanent homes. This act directed the DNR to develop rules and oversee programs for shoreland management for Cities and Counties. In 1976, the DNR adopted Shoreland rules for Cities. These Shoreland rules are MN Rules Chapter 6120, Shoreland and Floodplain Management. In response Attachment D ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – JUNE 7, 2021 2 to the adoption of State rules, the City in 1984 studied the differences between our existing zoning controls and the State Shoreland Management Standards. This research and review was completed by a Shoreland subcommittee. Their recommendations for reclassification of several lakes, and relaxation of lot area and lot coverage requirements were presented to and supported by both the Planning Commission and City Council. On December 26, 1984, the City submitted a preliminary request to the DNR for comment prior to submittal of the formal request. This letter included a summary of City comments for seeking the lake reclassification which were due to existing development and present zoning being relatively compatible with the requirements of General Development, the lot area requirements of Recreational Development classification exceed existing development (95%+ developed) and present zoning, and General Development classification more compatible with development around the lake. The City received a response from the DNR of a willingness to accept all of the requested changes with the exception of riparian lot dimensions for Valentine Lake. Based on that direction, the City Council passed Resolution 85-22, Lake Reclassification and Zoning Provision Modifications on May 13, 1985 to request official approval from the DNR. Senior Planner Jagoe commented in 2019, the City contacted the DNR upon discovery of the discrepancy between the shoreland classification for Lake Johanna. The DNR replied to the City acknowledging receipt of a 1984 request for shoreland reclassification of Lake Johanna, Little Johanna Lake, and Karth Lake from Recreational Development to General Development, but noted that there was no record of ever receiving the resolution, and therefore the DNR did not finalize the classification changes. It was stated that the DNR still concurs with the reasoning supporting the requested reclassifications of these three lakes made in 1984 and is ready to officially adopt the new classifications upon receipt of a resolution. City staff is unsure if Resolution 85-22 was submitted to the DNR and/or if it was misplaced in processing on their end. However, no formal action has been taken to date by the DNR for formal approval. Senior Planner Jagoe reported this past month City staff contacted Dan Scollan, East Metro Area Hydrologist with the DNR, regarding next steps and available options for proceeding with Resolution 85-22. Mr. Scollan has indicated that the DNR has reviewed the 1984/85 documentation and would proceed with approval of Resolution 85-22 as submitted. Their decision in support of the reclassifications is the result of the lake classification factors having not appreciably changed since 1985. Looking at all of the classification criteria holistically, the DNR still agrees with the City’s reasoning presented in 1985 and concurs that the area development is still consistent with the 1985 Council request as outlined. As an alternate, the DNR would also process reclassification of just one of the lakes in Resolution 85-22, but would need submittal of a new resolution that requests only the reclassification(s) the City is currently seeking. It should be noted that a change on the City’s part in lake classification other than what is noted under current ordinance may result in existing development/structures around that particular lake becoming legal nonconforming due to newly applicable lot dimensional standards (i.e. lot area, lot width, and setbacks). Councilmember Holden asked if lake classification was based solely on the size of the lake. Senior Planner Jagoe explained the DNR has several data points that are used when determining a lake classification. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – JUNE 7, 2021 3 Mayor Grant questioned if staff knew the total number of homes on Lake Little Johanna. Senior Planner Jagoe stated in the 1984 analysis there were six existing water front lots. She commented she could not confirm the current number of homes. Councilmember Holden reported in her opinion nothing has really changed when it comes to the extensive use for Lake Johanna. She noted this lake has a regional park which meant there was no less pressure on this lake than in 1985. She supported the City submitting to the 1985 Resolution classifying each of the lakes in Arden Hills general development. Councilmember Scott asked if the City’s classifications matched the DNR for Sunfish Lake and Round Lake. Senior Planner Jagoe reported this was the case. Councilmember Scott commented he was not interested in changing the classification for Sunfish Lake or Round Lake, but agreed with Councilmember Holden that the 1985 Resolution should be resubmitted to reclassify Lake Johanna from recreational development to general development. Councilmember Holmes supported this recommendation given the amount of development and use on Lake Johanna. Councilmember Holden commented further on the intensity of use for Lake Johanna. Mayor Grant stated he favored sending forward Resolution 85-22. He indicated he was not interested in reclassifying these lakes, but rather wanted to see them remain general development. He asked if this was something staff could handle administratively or would the Council have to take action on this item at a future meeting. City Administrator Perrault explained staff would be submitting the Resolution administratively and the Council would consider the City’s Shoreland Ordinance Amendment for reclassification of Little Johanna at a future meeting. B. COVID-19 Operations City Administrator Perrault stated the City is currently operating under a modified COVID-19 operations plan. As mitigation measures continue to be rolled back at the State and Federal level, the City Council may want to consider making modifications to current operations. Those operations include: - City Hall re-opening to the public: City Hall is slated to tentatively open to the public on July 1st, however, that was before the mask mandate repeal. City Staff is expected to return to City Hall in-full on June 14th; given the mask mandate and capacity limits have been repealed, staff questioned if the Council wanted to consider opening City Hall to the public on June 14th. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – JUNE 7, 2021 4 - City meetings in-person: As part of the COVID-19 state of emergency, meetings have been held remotely. When City Hall re-opens to the public, it would be prudent to have public meetings in-person again. The other complicating factor is whether or not the Governor repeals his emergency declaration, which is slated to run through June 14th unless extended another thirty days. City Administrator Perrault explained should the Governor extend his emergency declaration another thirty days, the City can continue with its current plan of June 14th having Staff back in the office, and July 1st for re-opening to the public and in-person meetings. If the Governor does not extend his emergency declaration, does the City want to follow suit? This would mean that on June 14th Council would have an item rescinding its emergency order and starting June 15th City Hall would re-open to the public and in-person meetings would resume (the June 14th meeting would still be held remotely regardless of the Governor’s actions). We may not know if the Governor is planning to extend his emergency declaration until later in the week, and the appropriate item for Council will be drafted at that time. - Other COVID-19 mitigation measures: Staff is planning a lift on other COVID-19 mitigation measures, such as, the mask mandate on June 14th (City employees have continued to wear masks while indoors). We are also planning on events that would normally take place later in the summer, such as, Bark and Rec Day, the Penny Carnival (late July), and the required annual stormwater protection public meeting. Another item recently discussed by Staff is the Committee/Commission picnic; this would be a good “back to normal” event to hold in early August. Unless Council needs to discuss further, Staff can be begin planning for that event, too. Lastly, as a heads up to Council, we did grant some flexibility last year to businesses to expand outdoor operations (seating, serving of alcohol, etc.), the resolution specifically noted that this flexibility would end when businesses can resume normal operations. We believe restaurants currently can operate normally, and this would trigger the end of any expanded outdoor operations. We only received three requests last year for this, and to the best of our knowledge none of the three businesses are continuing the expanded outdoor operations, but we can formally reach out and inform them the flexibility is no longer applicable (unless Council wanted to consider allowing it on a temporary basis). - Summer Hours: As previously noted to Council, the Public Works crew is operating on summer hours; however, City Hall is still on its normal 8:00 am to 4:30 pm schedule. An item will be brought forward to Council for official approval at an upcoming meeting that would set City Hall’s schedule on summer hours starting July 6th. Mayor Grant supported City Hall reopening on July 1st. Councilmember Scott concurred with this recommendation. Councilmember Holden stated some cities have reopened and some have not. She reminded the public that Arden Hills has a very small number of staff members and she did not want to lose any staff members to COVID. She supported the Mayor and City Administrator making a decision on when to reopen City Hall. She questioned how much business the City was doing with the public on Friday afternoons. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – JUNE 7, 2021 5 City Administrator Perrault commented Fridays were typically slower. He estimated there were 10 or less visits from the public on Friday afternoons. Councilmember Holmes supported moving forward with the original plan. Mayor Grant stated there was general agreement to move forward with the original plan. He asked if the Council supported City staff starting summer hours after July 5th. Councilmember Holden commented she supported staff beginning summer hours after July 5th. Councilmember Scott indicated he was neutral on this matter given the fact City Hall has already been closed to the public for over a year. He stated he would trust the Mayor and City Administrator to make a determination on this matter. Councilmember Holmes explained she supported staff moving to summer hours because this was part of moving things back to normal. Mayor Grant questioned how the Council wanted to proceed with summer recreational activities. He commented on the lowering trend for COVID numbers. He noted he was okay with the City hosting events again this summer. Councilmember Holden supported all recreational activities coming back this summer. Councilmember Holmes and Councilmember Scott agreed. Councilmember Holden stated she would like to talk about flexibility for local businesses and outdoor operation. Mayor Grant commented this was not an item on the agenda. Councilmember Holden explained this item was within the staff memo. She reported she did not have a problem with leaving this flexibility in place until January of 2022. Councilmember Scott and Councilmember Holmes concurred. 2. COUNCIL COMMENTS AND STAFF UPDATES Councilmember Holden encouraged the City to not tag people for long grass at this time. She stated she did not want to mow her grass for fear of it burning out due to the droaught. Councilmember Holden explained she received an email regarding Cummings Park and the use of the pavilions. She requested staff consider how to address the dumping of hot charcoal within the park. Mayor Grant reported the Arden Hills Foundation was considering how to address this matter. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – JUNE 7, 2021 6 Councilmember Holden stated she spoke to a gentleman from the Twin Cities Visitor’s Bureau recently and she requested the Council receive a presentation from this organization. Councilmember Holden commented she would like to receive a water report annually and would like to better understand how much water the City was losing on an annual basis. Councilmember Holden stated the Arden Hills/Shoreview Rotary was building four little libraries. She asked if the City was willing to allow these libraries to be installed in City right-of- way versus having to be put into resident’s yards. Mayor Grant commented he would like to receive an update on water meter readings. City Administrator Perrault explained staff was preparing an update for the Council regarding how the City conducts its water meter readings. Mayor Grant noted Kim Campbell resigned from the Arden Hills Foundation and the Foundation was now seeking additional members. City Administrator Perrault welcomed Senior Planner Jessica Jagoe to the City of Arden Hills. ADJOURN Mayor Grant adjourned the City Council Work Session meeting at 6:41 p.m. __________________________ __________________________ Julie Hanson David Grant City Clerk Mayor