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Home My WebLink About07-12-21-RAPPROVAL OF AGENDA PUBLIC INQUIRIES/INFORMATIONAL This is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting. RESPONSE TO PUBLIC INQUIRIES 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 ATTACHMENT A.PDF APPROVAL OF MINUTES June 14, 2021 Special Executive (Closed) 06 -14 -21 -SEC.PDF June 14, 2021 Regular City Council 06 -14 -21 -R.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 MEMO.PDF Motion To Approve Resolution 2021 -036 Supporting Arden Hills Bonding Request Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Authorize Green Lights Recycling, Inc. Clean Up Day Proposal Agreement Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Assignment Of Development Agreement AHSL Partners LLC (Trident Development) Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Resolution 2021 -037 Accepting A Donation From The Arden Hills Foundation Joe Vaughan, Recreation Programmer MEMO.PDF ATTACHMENT A.PDF Motion To Approve Acquiring Sanitary Sewer Easement –Bethel University Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Development Agreement –Arden Hills RE, LLC (New Perspective Senior Living) Jane Kansier, AICP, Planning Consultant MEMO.PDF ATTACHMENT A.PDF Motion To Approve Change Order No. 1 And Payment No. 1 –C&L Excavating, Inc. –2021 PMP Street And Utility Improvements David Swearingen, Interim Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion For Authorization To Begin Recruitment Process For A Senior Engineering Technician Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Payment #6 To Air Express, Inc. –City Hall HVAC Replacement Project Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.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 Vacation Of Easement –Arden Hills RE, LLC (New Perspective Senior Living) – Planning Case 21 -015 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF NEW BUSINESS Resolution 2021 -038 –Vacation Of Easement –Arden Hills RE, LLC (New Perspective Senior Living) –Planning Case 21 -015 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF UNFINISHED BUSINESS Resolution 2021 -039 –Variance At 3493 Siems Court –Planning Case 20 -017 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 COUNCIL/STAFF COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Steve Scott Regular City Council Agenda July 12, 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 will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. 2. 3. 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: 6.G. Documents: 6.H. Documents: 6.I. Documents: 6.J. Documents: 7. 8. 8.A. Documents: 9. 9.A. Documents: 10. 10.A. Documents: 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 INQUIRIESSTAFF COMMENTSCOVID-19 UpdateDave 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 ATTACHMENT A.PDF APPROVAL OF MINUTES June 14, 2021 Special Executive (Closed) 06 -14 -21 -SEC.PDF June 14, 2021 Regular City Council 06 -14 -21 -R.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 MEMO.PDF Motion To Approve Resolution 2021 -036 Supporting Arden Hills Bonding Request Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Authorize Green Lights Recycling, Inc. Clean Up Day Proposal Agreement Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Assignment Of Development Agreement AHSL Partners LLC (Trident Development) Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Resolution 2021 -037 Accepting A Donation From The Arden Hills Foundation Joe Vaughan, Recreation Programmer MEMO.PDF ATTACHMENT A.PDF Motion To Approve Acquiring Sanitary Sewer Easement –Bethel University Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Development Agreement –Arden Hills RE, LLC (New Perspective Senior Living) Jane Kansier, AICP, Planning Consultant MEMO.PDF ATTACHMENT A.PDF Motion To Approve Change Order No. 1 And Payment No. 1 –C&L Excavating, Inc. –2021 PMP Street And Utility Improvements David Swearingen, Interim Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion For Authorization To Begin Recruitment Process For A Senior Engineering Technician Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Payment #6 To Air Express, Inc. –City Hall HVAC Replacement Project Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.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 Vacation Of Easement –Arden Hills RE, LLC (New Perspective Senior Living) – Planning Case 21 -015 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF NEW BUSINESS Resolution 2021 -038 –Vacation Of Easement –Arden Hills RE, LLC (New Perspective Senior Living) –Planning Case 21 -015 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF UNFINISHED BUSINESS Resolution 2021 -039 –Variance At 3493 Siems Court –Planning Case 20 -017 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 COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council AgendaJuly 12, 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 will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.4.4.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: 6.G. Documents: 6.H. Documents: 6.I. Documents: 6.J. Documents: 7. 8. 8.A. Documents: 9. 9.A. Documents: 10. 10.A. Documents: 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 INQUIRIESSTAFF COMMENTSCOVID-19 UpdateDave Perrault, City AdministratorMEMO.PDFTransportation UpdateDavid Swearingen, Interim Public Works DirectorMEMO.PDFNIght To Unite UpdateJulie Hanson, City ClerkMEMO.PDFATTACHMENT A.PDFAPPROVAL OF MINUTESJune 14, 2021 Special Executive (Closed)06 -14 -21 -SEC.PDFJune 14, 2021 Regular City Council06-14 -21 -R.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 DirectorMEMO.PDFMotion To Approve Resolution 2021 -036 Supporting Arden Hills Bonding RequestDave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Authorize Green Lights Recycling, Inc. Clean Up Day Proposal Agreement Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Assignment Of Development Agreement AHSL Partners LLC (Trident Development) Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Resolution 2021 -037 Accepting A Donation From The Arden Hills Foundation Joe Vaughan, Recreation Programmer MEMO.PDF ATTACHMENT A.PDF Motion To Approve Acquiring Sanitary Sewer Easement –Bethel University Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Development Agreement –Arden Hills RE, LLC (New Perspective Senior Living) Jane Kansier, AICP, Planning Consultant MEMO.PDF ATTACHMENT A.PDF Motion To Approve Change Order No. 1 And Payment No. 1 –C&L Excavating, Inc. –2021 PMP Street And Utility Improvements David Swearingen, Interim Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion For Authorization To Begin Recruitment Process For A Senior Engineering Technician Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Payment #6 To Air Express, Inc. –City Hall HVAC Replacement Project Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.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 Vacation Of Easement –Arden Hills RE, LLC (New Perspective Senior Living) – Planning Case 21 -015 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF NEW BUSINESS Resolution 2021 -038 –Vacation Of Easement –Arden Hills RE, LLC (New Perspective Senior Living) –Planning Case 21 -015 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF UNFINISHED BUSINESS Resolution 2021 -039 –Variance At 3493 Siems Court –Planning Case 20 -017 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 COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council AgendaJuly 12, 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 will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.4.4.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: 6.G. Documents: 6.H. Documents: 6.I. Documents: 6.J. Documents: 7. 8. 8.A. Documents: 9. 9.A. Documents: 10. 10.A. Documents: 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 INQUIRIESSTAFF COMMENTSCOVID-19 UpdateDave Perrault, City AdministratorMEMO.PDFTransportation UpdateDavid Swearingen, Interim Public Works DirectorMEMO.PDFNIght To Unite UpdateJulie Hanson, City ClerkMEMO.PDFATTACHMENT A.PDFAPPROVAL OF MINUTESJune 14, 2021 Special Executive (Closed)06 -14 -21 -SEC.PDFJune 14, 2021 Regular City Council06-14 -21 -R.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 DirectorMEMO.PDFMotion To Approve Resolution 2021 -036 Supporting Arden Hills Bonding RequestDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Authorize Green Lights Recycling, Inc. Clean Up Day Proposal Agreement Dave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve Assignment Of Development Agreement AHSL Partners LLC (Trident Development)Jessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Approve Resolution 2021 -037 Accepting A Donation From The Arden Hills FoundationJoe Vaughan, Recreation ProgrammerMEMO.PDFATTACHMENT A.PDFMotion To Approve Acquiring Sanitary Sewer Easement –Bethel UniversityJessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Approve Development Agreement –Arden Hills RE, LLC (New Perspective Senior Living)Jane Kansier, AICP, Planning Consultant MEMO.PDF ATTACHMENT A.PDF Motion To Approve Change Order No. 1 And Payment No. 1 –C&L Excavating, Inc. –2021 PMP Street And Utility Improvements David Swearingen, Interim Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion For Authorization To Begin Recruitment Process For A Senior Engineering Technician Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Payment #6 To Air Express, Inc. –City Hall HVAC Replacement Project Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.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 Vacation Of Easement –Arden Hills RE, LLC (New Perspective Senior Living) – Planning Case 21 -015 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF NEW BUSINESS Resolution 2021 -038 –Vacation Of Easement –Arden Hills RE, LLC (New Perspective Senior Living) –Planning Case 21 -015 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF UNFINISHED BUSINESS Resolution 2021 -039 –Variance At 3493 Siems Court –Planning Case 20 -017 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 COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council AgendaJuly 12, 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 will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.4.4.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:6.G. Documents: 6.H. Documents: 6.I. Documents: 6.J. Documents: 7. 8. 8.A. Documents: 9. 9.A. Documents: 10. 10.A. Documents: 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 INQUIRIESSTAFF COMMENTSCOVID-19 UpdateDave Perrault, City AdministratorMEMO.PDFTransportation UpdateDavid Swearingen, Interim Public Works DirectorMEMO.PDFNIght To Unite UpdateJulie Hanson, City ClerkMEMO.PDFATTACHMENT A.PDFAPPROVAL OF MINUTESJune 14, 2021 Special Executive (Closed)06 -14 -21 -SEC.PDFJune 14, 2021 Regular City Council06-14 -21 -R.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 DirectorMEMO.PDFMotion To Approve Resolution 2021 -036 Supporting Arden Hills Bonding RequestDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Authorize Green Lights Recycling, Inc. Clean Up Day Proposal Agreement Dave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve Assignment Of Development Agreement AHSL Partners LLC (Trident Development)Jessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Approve Resolution 2021 -037 Accepting A Donation From The Arden Hills FoundationJoe Vaughan, Recreation ProgrammerMEMO.PDFATTACHMENT A.PDFMotion To Approve Acquiring Sanitary Sewer Easement –Bethel UniversityJessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Approve Development Agreement –Arden Hills RE, LLC (New Perspective Senior Living)Jane Kansier, AICP, Planning ConsultantMEMO.PDFATTACHMENT A.PDFMotion To Approve Change Order No. 1 And Payment No. 1 –C&L Excavating, Inc. –2021 PMP Street And Utility ImprovementsDavid Swearingen, Interim Public Works DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion For Authorization To Begin Recruitment Process For A Senior Engineering Technician Dave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Approve Payment #6 To Air Express, Inc. –City Hall HVAC Replacement Project Dave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.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 HEARINGSVacation Of Easement –Arden Hills RE, LLC (New Perspective Senior Living) –Planning Case 21 -015Jessica Jagoe, Senior PlannerMEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF NEW BUSINESS Resolution 2021 -038 –Vacation Of Easement –Arden Hills RE, LLC (New Perspective Senior Living) –Planning Case 21 -015 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF UNFINISHED BUSINESS Resolution 2021 -039 –Variance At 3493 Siems Court –Planning Case 20 -017 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 COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council AgendaJuly 12, 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 will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.4.4.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:6.G.Documents:6.H.Documents:6.I.Documents:6.J.Documents:7.8.8.A.Documents: 9. 9.A. Documents: 10. 10.A. Documents: 11. Page 1 of 1 STAFF COMMENTS – 4A MEMORANDUM DATE: TO: FROM: July 12, 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: July 12, 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: July 12, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, City Clerk SUBJECT: Night to Unite Update and Proclamation Budgeted Amount: Actual Amount: Funding Source: $ $ A verbal update will be provided at the City Council meeting. Attachment A: 2021 Night to Unite Proclamation Night to Unite 2021 Proclamation CITY OF ARDEN HILLS ... ) NiGHT to UNiTE! Neighbors Joining Together WHEREAS, the Minnesota Crime Prevention Association, along with AAA, and local law enforcement agencies are sponsoring a statewide program called Night to Unite on August 3, 2021; and WHEREAS, Night to Unite is designed to get to know one another in the City of Arden Hills, build neighborhood involvement by bringing police and communities together; and to bring an awareness to crime prevention and local law enforcement efforts; and WHEREAS, Night to Unite supports the idea that crime prevention is an inexpensive, effective tool in strengthening police and community partnerships; and WHEREAS, Night to Unite provides opportunities to celebrate the ongoing work of law enforcement and neighborhoods in Arden Hills by working together to fight crime and victimization and increase public safety for all citizens; and WHEREAS, the citizens of Arden Hills play an important role in assisting the Ramsey County Sheriff's Office through joint crime, drug and violence prevention efforts; NOW, THEREFORE, I, Mayor David Grant, and WE, Council Members, Brenda Holden, Fran Holmes, Dave McClung, and Steve Scott, DO HEREBY CALL UPON ALL CITIZENS OF ARDEN HILLS, RAMSEY COUNTY, to participate in Night to Unite on Tuesday, August 3, 2021. FURTHER, LET IT BE RESOLVED THAT I, Mayor David Grant, and WE, Council Members, Brenda Holden, Fran Holmes, Dave McClung, and Steve Scott, do hereby proclaim Tuesday, August 3, 2021, as Night to Unite in Arden Hills, Ramsey County, Minnesota. Mayor, David Grant Council Member, Brenda Holden Council Member, Fran Holmes Council Member, Dave McClung Council Member, Steve Scott Date July 23, 2021 Approved: July 12, 2021 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL EXECUTIVE SESSION (CLOSED) JUNE 14, 2021 6:00 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the Special City Council Executive Session (Closed) at 5:45 p.m. Note: On March 20, 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 and City Clerk Julie Hanson 1. AGENDA ITEMS A. Performance Evaluation Discussion (Closed per Minn. Stat. 13D.05, Subd. 3(a)) City Council discussed the performance of Building Inspector/Code Enforcement Officer Terry Hagstrom. ADJOURN Mayor Grant adjourned the Special City Council Executive Session (Closed) at 6:55 p.m. __________________________ __________________________ Julie Hanson David Grant City Clerk Mayor Approved: July 12, 2021 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JUNE 14, 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; Senior Planner Jessica Jagoe; Finance Director Gayle Bauman; and City Clerk Julie Hanson 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 Emily Rousseau, 1157 Amble Drive, expressed concern with the lack of community engagement and public comment that is taken by the City Council at public meetings. She suggested City Code Section 210-04 under Rules and Procedures be amended to include language stating the public shall be allowed to address the City Council at public meetings. 3. RESPONSE TO PUBLIC INQUIRIES None. ARDEN HILLS CITY COUNCIL – JUNE 14, 2021 2 4. STAFF COMMENTS A. COVID-19 Update City Administrator Perrault provided the Council with an update on how the City was responding to COVID-19. He encouraged residents to visit the City’s website for the most current and up to date information regarding COVID-19. He reported the Minnesota Department of Health and CDC also had websites with current guidelines and recommendations. He explained the City of Arden Hills remains in a peacetime state of emergency and City Hall will remain closed until further notice. He indicated City staff remains operational and can be reached via phone or email. He explained City Hall would be reopening to the public on July 1, 2021 and in person meetings would begin again in July. B. Transportation Update Interim Public Works Director Swearingen reported the Arden Hills 2021 PMP project was officially underway. He commented on the traffic changes that would occur this summer. Interim Public Works Director Swearingen stated the Public Works in-house paving project began today which included the mill and overlay of Fairview Avenue from Ramsey Road to Lake Valentine Road and also Pascal Avenue from County Road E to the dead end. Interim Public Works Director Swearingen provided the Council with an update on the MNDOT MNPASS project. 5. APPROVAL OF MINUTES A. May 10, 2021, Regular City Council B. May 24, 2021, Special City Council Work Session C. May 24, 2021, Regular City Council Councilmember Holmes noted she provided the City Clerk with a slight change on Page 9 of the May 24, 2021, Regular City Council minutes. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the May 10, 2021, Regular City Council meeting minutes, May 24, 2021, Special City Council Work Session meeting minutes, and May 24, 2021, Regular City Council meeting minutes as amended. A roll call vote was taken. The motion carried (5-0). 6. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve Resolution 2021-034 Accepting Bid and Awarding Contract to Vinco, Inc. – Lift Station No. 10 Rehabilitation Project C. Motion to Approve Resolution 2021-032 Accepting the Coronavirus Local Fiscal Recovery Fund Established Under the American Rescue Plan Act ARDEN HILLS CITY COUNCIL – JUNE 14, 2021 3 D. Motion to Approve Resolution 2021-033 For Findings of Fact and Decision Regarding a Variance at 4073 Valentine Court – Planning Case 21-006 E. Motion to Authorize City Hall Staff to Begin Summer Work Hours Beginning Tuesday, July 6, 2021 and Concluding on Friday, September 3, 2021 F. Motion to Accept Resignation of Building Official G. Motion to Approve Agreement with Rum River Construction Consultants for On- Call Building Official Services 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). 7. PULLED CONSENT ITEMS None. 8. PUBLIC HEARINGS A. Quarterly Special Assessments for Delinquent Utilities Finance Director Bauman stated water customers whose accounts are 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collected with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. Mayor Grant opened the public hearing at 7:17 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:17 p.m. 9. NEW BUSINESS A. Resolution 2021-035 Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Finance Director Bauman stated delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated May 7, 2021 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by June 4, 2021. Utility accounts with an unpaid delinquent balance would be certified to Ramsey County to be added to property taxes payable in 2022. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. The City will request that Ramsey County levy the delinquent balances against the respective properties. ARDEN HILLS CITY COUNCIL – JUNE 14, 2021 4 MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adopt Resolution #2021-035 – Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities. A roll call vote was taken. The motion carried (5-0). B. Ordinance 2021-005 – Amending Chapter 3, Sections 395 and 320 – Mobile Food Units and Ordinance 2021-006 – Amending 2021 Fee Schedule and Authorization of Publication of Ordinance Summary Councilmember Holden explained she was not able to attend the work session where this item was discussed. She reported she would like to table this item and send it back to a work session to further discuss the language changes prior to moving it forward. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to table action on Ordinances 2021-005 and 2021-006 to a future work session. A roll call vote was taken. The motion carried (5-0). 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS Councilmember Scott reported he passed the Element 2 portion of his FCC exam and he was now a licensed HAM radio operator. He explained he recently earned his technician Class Amateur Radio (HAM) rating and am licensed to operate in the amateur frequency bands with call sign WA7HPK. Besides the hobby aspect of Amateur Radio, HAMS also provide a vital public service role for EmComm (Emergency Communications) for both planned and unplanned events and incidents. Examples of these would be the recovery efforts after the 1998 F4 tornado caused loss of life and extensive property damage in Comfry and St. Peter, MN as well as providing communications and logistics support for a planned PGA golf or similar event in the area. Federal, County and State governments typically have full time Emergency Management staff and operate fixed and mobile Emergency Command Centers. Councilmember Scott explained he also completed additional Federal Emergency Management Agency (FEMA) training and earned certificates in Incident Command Systems, National Incident Management and Emergency Communications. He alluded to several recent practice/demonstration activities by local HAMS and announced he would be attending an open house for the Salvation Army's Northern Division Headquarters' dedication of their new Emergency Command Center in Roseville on June 16th. Councilmember McClung stated all City Councilmember contact information was available on the City’s website and all Councilmembers were open to receiving comments from residents. He commented he has received a number of communications regarding the food truck Ordinance. He indicated he was concerned about how the rhetoric became heated very quickly surrounding this topic. He encouraged residents to recognize the fact that the Council has tabled action on this matter in order to further discuss this matter, prior to taking action. He encouraged residents to be ARDEN HILLS CITY COUNCIL – JUNE 14, 2021 5 tolerant of opinions that did not match their own. He stated the City Council would be weighing the comments and concerns of all residents when making a decision on this Ordinance. He requested residents be patient while Councilmembers respond to their comments and concerns. Councilmember Holmes stated she appreciated the fact Ordinance 2021-005 had been tabled as well because this would allow the Council more time to consider the matter along with being able to respond to the comments she has received from the public. Councilmember Holmes thanked Interim Public Works Director Swearingen for the update on the in-house paving project. She appreciated the fact that staff had worked diligently to ensure this project would not impact the city wide garage sales. Councilmember Holden thanked Public Works for working to finish the in-house paving project prior to the city wide garage sale. Councilmember Holden asked where the City was at with the chicken ordinance. City Administrator Perrault anticipated this ordinance would be coming before the Council at the end of July. Councilmember Holden reported there was activity on Facebook accusing a Councilmember of swearing during a conversation. She commented further on this incident and indicated she was the guilty party. Further discussion ensued regarding the staffing levels within the Public Works Department. Councilmember Holden recommended the Council hold a joint meeting with the PTRC to discuss trail priorities. Mayor Grant requested staff address State Fair parking concerns from the City. City Administrator Perrault commented he would be seeking a response from the State Fair regarding parking this year. Mayor Grant requested staff send out the PTRC packets two or three days earlier because they packets were arriving late. Mayor Grant discussed how the drought was impacting the City. Mayor Grant noted he visited a food truck in the Karth Lake neighborhood last Thursday to gain feedback from the community. ARDEN HILLS CITY COUNCIL – JUNE 14, 2021 6 ADJOURN MOTION: Councilmember Holden moved and Councilmember Holmes 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 7:45 p.m. __________________________ __________________________ Julie Hanson David Grant City Clerk Mayor CONSENT ITEM - 6A MEMORANDUM DATE: July 12, 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 #14 ……………………………………………………………. $106,011.56 Total Payroll $106,011.56 Paid Claims—06/19/2021 through 07/02/2021 (Check Nos. 50156-50181 and ACH Checks) ……………………………... $443,763.55 Total Accounts Payable $443,763.55 Total Claims $549,775.11 CITY OF ARDEN HILLS PAYROLL # 14 CHECKS DATED: 07/09/21 Biweekly: 06/19/21 - 07/02/21 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 6,299.79 EFT SIT 2,846.27 EFT FICA Oasdi 4,562.23 EFT FICA Medicare 1,067.02 EFT TOTAL TAXES 14,775.31 Health Premium 1,528.96 A/P Check* Dental Premium 169.48 A/P Check* FSA Health Care Reimb. 0.00 A/P Check* FSA Dependent Care Reimb. 0.00 A/P Check* TOTAL FLEXIBLE SPENDING 1,698.44 HSA Health Saving 390.00 Health Care Savings Plan-Retirement 0.00 EFT Health Care Savings Plan-2% 416.82 EFT Health Care Savings Plan-4% 443.33 EFT TOTAL HEALTH SAVINGS 1,250.15 PERA 3,853.66 EFT ICMA 2,417.16 EFT Central Pension Fund-Union 614.40 A/P Check* MN State Retirement System 750.00 EFT TOTAL RETIREMENT 7,635.22 IUOE 49 Dues (Union) 140.00 A/P Check* LTD/STD Insurance 1,046.85 A/P Check* PERA Life Insurance 24.00 A/P Check* Life/Addl/Dep Life 42.54 A/P Check* Life/Addl non-tax 18.60 A/P Check* UNUM 19.51 A/P Check* AFLAC 22.76 EFT TOTAL VOLUNTARY 1,314.26 Total Employee Deductions 26,673.38 Net Payroll 0.00 Direct Deposit 49,901.09 EFT Gross Payroll Tie-Out 76,574.47 Plus City Paid Benefit 29,437.09 TOTAL PAYROLL COST 106,011.56 FICA TIE-OUT Gross Payroll 76,574.47 Less Total FSA 1,698.44 Less Total H.SA 1,250.15 Less Voluntary Ins 41.36 Net P/R Subject to FICA 73,584.52 FICA Oasdi @ 6.20% 4,562.23 FICA Medicare @ 1.45% 1,067.02 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. CITY BENEFIT 4,562.23 1,067.02 5,629.25 17,336.96 391.60 17,728.56 1,125.00 1,125.00 4,446.54 421.74 4,868.28 86.00 86.00 Accounts Payable User: Printed: Pang.Silseth 7/7/2021 3:10 PM Checks by Date - Detail by Check Date Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0008 JOSEPH MOONEY 06/25/2021ACH 06152021 Reimb-Rain Gear 63.13 06162021 Reimb-Clothing Allowance 69.98 133.11Total for this ACH Check for Vendor 0008: 0382 ICMA RETIREMENT TRUST - 106944 06/25/2021ACH PR 21-13 PR Batch 00200.06.2021 ICMA Employee Percent 401PR Batch 00200.06.2021 ICMA Employee Percent 401 365.51 PR 21-13 PR Batch 00200.06.2021 ICMA Employer Percent 401PR Batch 00200.06.2021 ICMA Employer Percent 401 421.74 787.25Total for this ACH Check for Vendor 0382: 0387 ICMA RETIREMENT TRUST #302482 06/25/2021ACH PR 21-13 PR Batch 00200.06.2021 ICMA Employee DeductionPR Batch 00200.06.2021 ICMA Employee Deduction 1,811.54 PR 21-13 PR Batch 00200.06.2021 ICMA Employee PercentPR Batch 00200.06.2021 ICMA Employee Percent 227.26 2,038.80Total for this ACH Check for Vendor 0387: 0453 CONTINENTAL RESEARCH CORP 06/25/2021ACH 0024627 pesticide and ceramic spray 396.00 396.00Total for this ACH Check for Vendor 0453: 0750 VERIZON WIRELESS 06/25/2021ACH 9881670284 Service 6/11-7/10 794.29 794.29Total for this ACH Check for Vendor 0750: 10365 JENNIFER SHULL 06/25/2021ACH 06182021 Reimb-Mileage 6/7 6.83 6.83Total for this ACH Check for Vendor 10365: 1252 CAMPBELL KNUTSON - ATTORNEYS AT LAW06/25/2021ACH 3231G-0521 May Legal Services 155.00 3231G-0521 May Legal PC 20-001 #553 395.00 3231G-0521 May Legal PC 21-006 #565 139.50 3231G-0521 May Legal Services 201.50 3231G-0521 May Legal PC 19-002 #403 27.00 3231G-0521 May Legal PC 20-022 #549 77.50 3231G-0521 May Legal Services 236.90 3231G-0521 May Legal Services 373.00 3231G-0521 May Legal PC 21-004 #556 179.90 3231G-0521 May Legal Services 2,817.60 4,602.90Total for this ACH Check for Vendor 1252: 1363 WATER CONSERVATION SERVICES INC 06/25/2021ACH 11396 Leak Locate-3750 Dunlap 310.30 Page 1AP Checks by Date - Detail by Check Date (7/7/2021 3:10 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 310.30Total for this ACH Check for Vendor 1363: 5665 METERING & TECHNOLOGY SOLUTION INC06/25/2021ACH 19744 M25 Meters 1,518.73 1,518.73Total for this ACH Check for Vendor 5665: 7025 ON SITE COMPANIES -OSSTC INC 06/25/2021ACH 0001143810 Restrooms 6/12-7/9 622.00 622.00Total for this ACH Check for Vendor 7025: 8870 CHET'S SHOES INC 06/25/2021ACH 50814 Boots-TM 200.00 200.00Total for this ACH Check for Vendor 8870: A1HY A-1 HYDRAULIC SALES & SERVICE INC06/25/2021ACH 0125035-IN parts-asphalt tech trailer 51.27 51.27Total for this ACH Check for Vendor A1HY: 0125 CENTRAL WOOD PRODUCTS 06/25/202150156 463231 Mulch 1,540.00 463231 Mulch 385.00 1,925.00Total for Check Number 50156: 1033 COMCAST 06/25/202150157 44271.0721 Service 6/21-7/20 6.57 6.57Total for Check Number 50157: 1032 COMMERCIAL ASPHALT CO INC 06/25/202150158 210615 Asphalt Purchase 6/2-6/3 1,240.33 1,240.33Total for Check Number 50158: 0841 EHLERS & ASSOCIATES INC.06/25/202150159 87235 2018 Bonds 652.50 87235 2018 Bonds 97.50 750.00Total for Check Number 50159: 10218 HR GREEN INC 06/25/202150160 144302 RRA-May 500.25 144303 Engineering Svcs-May 8,108.50 144303 Engineering MS4 Permit-May 950.00 9,558.75Total for Check Number 50160: 10460 LANO EQUIPMENT INC 06/25/202150161 02-839126 Mower Filters 177.07 177.07Total for Check Number 50161: 10464 LAURSEN ASPHALT REPAIR EQUIPMENT LLC06/25/202150162 696 Tac Spray Bar 1,833.22 1,833.22Total for Check Number 50162: UB*00485 Joshua & Michelle Lemmons 06/25/202150163 Page 2AP Checks by Date - Detail by Check Date (7/7/2021 3:10 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription Refund Check 011550-000, 1841 Gramsie Road 5.24 5.24Total for Check Number 50163: 6748 RELIANCE STANDARD 06/25/202150164 GL154938.0721 July Insurance 1,371.73 1,371.73Total for Check Number 50164: UB*00484 Saint John Vianney Seminary 06/25/202150165 Refund Check 002118-000, 3473 Lake Johanna Boulevard 47.00 47.00Total for Check Number 50165: 1425 STREET SMART RENTALS 06/25/202150166 959270 Portabable Message Board 17,614.00 17,614.00Total for Check Number 50166: AR-TOUR WILLIAM TOURDOT 06/25/202150167 PC20-004-V Escrow Refund, PC 20-004 Variance-1741 Venus 601.50 PC20-004-V Escrow Refund, PC 20-004 Variance-1741 Venus 120.00 721.50Total for Check Number 50167: 10413 ULTEIG ENGINEERS INC 06/25/202150168 108108 Karth Lake Runoff through 6-12 3,343.50 3,343.50Total for Check Number 50168: 50,055.39Total for 6/25/2021: ACH001 US BANK 06/30/2021ACH BAUMG62021 AMAZON*2R54R8EO0-UPS Battery 160.29 BAUMG62021 GOVT FINANCE OFFICE-CAFR Award 460.00 BEEBT62021 OFFICE DEPOT #375-Supplies 31.84 CHRIM62021 COSTCO WHSE-Clothing Allowance 73.91 CHRIM62021 MAGNA-MATIC CORP-Grinding Wheel 143.64 CHRIM62021 RED WING SHOES - Clothing Allowance 135.99 FRIDJ62021 PSN*MN Rural Water Assoc Membership 7/21-6/22 300.00 FRIDJ62021 SP * ULTIMATE OFFICE-File Organizer 102.08 FRIDJ62021 AMAZON.COM-Irrigation Valve 46.36 HANSJ62021 MN STATE COLLEGES-MCFOA Conference 275.00 HANSJ62021 NATL BIZ FURNITURE-Table 167.23 MIKAT62021 APPLE.COM/BILL-Icloud Storage 0.99 PERRD62021 TC NORTH CHAMBER-Meeting 20.00 PERRD62021 TC NORTH CHAMBER-Meeting 20.00 REBATE62021 US BANK REBATE -149.69 VAUGJ62021 DOMINO'S -Playground Prg Expense 84.31 VAUGJ62021 OFFICE DEPOT-Playground Prg Supplies 228.50 VAUGJ62021 OFFICE DEPOT-Playground Prg Supplies 56.89 WARDR62021 HOLIDAY CAR WASH 0368. 10.74 WARDR62021 SUGAR LAKE LODGE-Conference Cancellation -137.34 WARDR62021 EB 2021 Summer Conference Cancellation -122.51 1,908.23Total for this ACH Check for Vendor ACH001: ACH002 AFLAC 06/30/2021ACH 101726 Insurance Premiums- June 2021 45.52 Page 3AP Checks by Date - Detail by Check Date (7/7/2021 3:10 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 45.52Total for this ACH Check for Vendor ACH002: ACH003 PITNEY BOWES INC 06/30/2021ACH 5232021 May Postage-Newsletter 739.20 5232021 May Postage - fee 19.99 759.19Total for this ACH Check for Vendor ACH003: ACH005 MINNESOTA REVENUE-SALES & USE TAX06/30/2021ACH 52021 May Sales/Use Tax 52.21 52021 May Sales/Use Tax 37.37 52021 May Sales/Use Tax 0.63 52021 May Sales/Use Tax -0.21 90.00Total for this ACH Check for Vendor ACH005: 2,802.94Total for 6/30/2021: 0327 STAPLES INC 07/02/2021ACH 3479798646 Supplies 32.38 32.38Total for this ACH Check for Vendor 0327: 0922 NINENORTH 07/02/2021ACH 2021-102 May Production 1,019.25 1,019.25Total for this ACH Check for Vendor 0922: 10363 MINUTE MAKER SECRETARIAL 07/02/2021ACH M1290 June Planning Minutes 320.00 M1290 June Council Minutes 302.00 622.00Total for this ACH Check for Vendor 10363: 1125 BOLTON & MENK INC 07/02/2021ACH 270250 Bethel PC 21-002 #554 1,003.00 270250 Scannell Prop PC 20-010 #506 106.00 270250 Grove Church PC 21-005 #561 1,058.00 270250 Chick-Fil-A PC 21-003 #555 636.00 270250 4/17/21-5/14/21 Planning Services 11,278.50 270250 Arden Hills RE LLC PC21-010 #570 53.00 270250 Scannell Prop PC 20-002 #498 583.00 270250 4/17/21-5/14/21 Planning Services 180.00 270250 4/17/21-5/14/21 Planning Services 60.00 270250 Brausen PC 19-001 #402 106.00 270250 U&B ARCHITECTURE PC-21-009 #569 1,293.50 270250 IMKD3 LLC PC 21-004 #556 1,126.50 270250 Mounds View HS PC 18-014 #396 918.50 270250 Boston Scientific PC 21-001 #553 759.50 270250 ISG Inc PC 21-007 #563 685.00 270250 Kunze PC 21-006 #565 318.00 270250 Samuelson PC 20-017 #543 53.00 270250 AHSL Partners PC 19-002 #403 919.00 270250 Bethel PC 20-005 #502 995.00 270250 Ilazi PC 20-022 #549 367.00 270250 4/17/21-5/14/21 Planning Services 960.00 270250 Chick-Fil-A PC 21-011 #564 3,109.50 Page 4AP Checks by Date - Detail by Check Date (7/7/2021 3:10 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 26,568.00Total for this ACH Check for Vendor 1125: 1785 ECOENVELOPES LLC 07/02/2021ACH UB.0721 July 2021 UB Postage 296.67 UB.0721 July 2021 UB Postage 296.66 UB.0721 July 2021 UB Postage 296.67 890.00Total for this ACH Check for Vendor 1785: 5493 JOLENE TRAUBA 07/02/2021ACH 61821 Expense Reimbursement 11.99 61821 Mileage Reimbusement 86.12 98.11Total for this ACH Check for Vendor 5493: 6129 FAST SIGNS INC 07/02/2021ACH 204-56004 PVC Prints 30.16 30.16Total for this ACH Check for Vendor 6129: 8800 VALLEY PAVING INC 07/02/2021ACH 14398 Paving-Fairview/Pascal 7,450.00 7,450.00Total for this ACH Check for Vendor 8800: ALPI ALLEGRA PRINT & IMAGING INC 07/02/2021ACH 163207 June Newsletter 1,894.91 1,894.91Total for this ACH Check for Vendor ALPI: ADVS ADVANTAGE SIGNS & GRAPHICS INC 07/02/202150169 47410 No Parking Signs-State Fair 289.75 289.75Total for Check Number 50169: 1053 ALLIED BLACKTOP COMPANY INC 07/02/202150170 6616 Road Oil-AHPW Paving 616.05 616.05Total for Check Number 50170: AMPU APWA 07/02/202150171 834296-2021 Membership 8/21-7/22 268.75 268.75Total for Check Number 50171: CPF1 CENTRAL PENSION FUND 07/02/202150172 184503.0621 June Pension 1,228.80 1,228.80Total for Check Number 50172: 0495 LAKE JOHANNA FIRE DEPARTMENT INC07/02/202150173 814 2021 Fire Contract-2nd Half 328,200.38 328,200.38Total for Check Number 50173: 5138 LEAGUE OF MN CITIES INS TRUST 07/02/202150174 6629 Tobacco Claim 10,000.00 10,000.00Total for Check Number 50174: 10362 MARCO TECHNOLOGIES LLC 07/02/202150175 INV8863585 Copier 6/25-7/24 & Q2 Usage 135.05 Page 5AP Checks by Date - Detail by Check Date (7/7/2021 3:10 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription INV8863585 Copier 6/25-7/24 & Q2 Usage 765.29 900.34Total for Check Number 50175: 0600 NCPERS GROUP LIFE INS 07/02/202150176 315800072021 July Insurance 64.00 64.00Total for Check Number 50176: 10250 PEAK STAFFING INC 07/02/202150177 47531 Office Support 6/14-6/18 37.50 47531 Office Support 6/14-6/18 112.50 47531 Office Support 6/14-6/18 150.00 47531 Office Support 6/14-6/18 825.00 47531 Office Support 6/14-6/18 112.50 47531 Office Support 6/14-6/18 150.00 47531 Office Support 6/14-6/18 112.50 1,500.00Total for Check Number 50177: 0811 RAMSEY COUNTY 07/02/202150178 FLEET-000648 May Service & Parts 2,250.00 FLEET-000648 May Service & Parts 1,216.97 3,466.97Total for Check Number 50178: 10412 SEALMASTER OF MINNESOTA 07/02/202150179 200537 Asphalt Binder 1,727.64 1,727.64Total for Check Number 50179: 6555 TKDA INC 07/02/202150180 2021002103 Arden Oaks Feasibility thru 5/29/21 3,037.73 3,037.73Total for Check Number 50180: AR-UNIV2 UNIVERSAL SERVICES INC.07/02/202150181 ROW 2018-00525 Escrrow Refund-ROW 2018-00525; 1275 Red Fox Road 1,000.00 1,000.00Total for Check Number 50181: 390,905.22Total for 7/2/2021: Report Total (51 checks): 443,763.55 Page 6AP Checks by Date - Detail by Check Date (7/7/2021 3:10 PM) Page 1 of 1 CONSENT ITEM – 6B MEMORANDUM DATE: July 12, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Resolution 2021-036 Supporting Arden Hills Bonding Request Budgeted Amount: Actual Amount: Funding Source: $N/A $N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Resolution 2021-036 supporting the City’s request for bonding for the Mounds View High School Trail Project. All items need a simple majority for action unless otherwise noted. Background The City of Arden Hills has submitted a request for bonding funding to the State Legislature, this resolution will signify the City’s support of the project. Budget Impact N/A Attachments Attachment A: Resolution 2021-036 Support for Bond Funding for the Mounds View High School Trail project To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-036 RESOLUTION OF SUPPORT FOR BOND FUNDING FOR THE MOUNDS VIEW HIGH SCHOOL TRAIL PROJECT WHEREAS, The City of Arden Hills has submitted for State Bond funding; and WHEREAS, the City of Arden Hills’ Mounds View High School Trail project will provide for a meaningful impact to not only the City, but also the region; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that it formally supports the Mounds View High School Trail project for bond funding. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 12TH DAY OF JULY, 2021. ____________________________________ ATTEST: DAVID GRANT, MAYOR __________________________________________ JULIE HANSON, CITY CLERK Page 1 of 2 CONSENT ITEM – 6C MEMORANDUM DATE: July 12, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Green Lights Recycling, Inc. Clean Up Day Proposal Budgeted Amount: Actual Amount: Funding Source: $21,000 costs $ 8,180 receipts $12,820 net cost to City Est. $5,000 to $7,000 N/A Council Should Consider Motions to approve, table, or deny the following: • Authorize the City Administrator to enter into an agreement with Green Lights Recycling, Inc. to host a clean-up day for Arden Hills residents. All items need a simple majority for action unless otherwise noted. Background The City Council directed staff to work with Green Lights Recycling, Inc. to set up a clean up day for Arden Hills residents. A proposal is attached from Green Lights for review, which includes recycling pricing. There is a base fee for the City to host the event of $2,500, and any incentives the City offers to residents would be an additional cost to the City. The City did discuss possible incentives for residents at a recent work session and authorized a coupon for residents allowing up to two items not to exceed $50 in total (estimated cost to the City between $4,000 to $5,000). More information and the coupon will be available in an upcoming City newsletter. The date being reserved for Arden Hills is October 2nd, 2021 and will be official following the approval of the proposal. Page 2 of 2 Budget Impact The City currently has $21,000 budgeted for a Clean-up Day event which is offset by $8,180 budgeted for receipts collected during the event for a net cost of $12,820 to the City. Any future event may impact the budget depending on if it is more or less than the budgeted amount. Attachments Attachment A: Green Lights Recycling, Inc. Clean Up Day Proposal Attachment B: Green Lights Recycling, Inc. Brochure May 28, 2021 City of Arden Hills Attn. Dave Perrault 1245 West Highway 96 Arden Hills, MN 55112 Dear Dave & Team, Thank you very much for considering Green Lights Recycling for your Fall Recycling Event in 2021. As you know, it is our goal to be a very competitive company, and at the same time always maintain our environmental integrity and clean environmental record (with the MPCA, Anoka County, City of Blaine and EPA). Green Lights Recycling, Inc. is an industry leader when it comes to safety and environmental responsibility. We look forward to continuing a long-term working relationship and, as always, excellent customer service. 2021 City of Arden Hills recycling events to be determined (See pages 2 and 3 for Event Pricing). Green Lights Recycling, Inc. will be accepting fluorescent lamps, batteries, electronics, appliances, mattresses, tires, hard drives for shredding, carpet, and paper for shredding. Based on our experience in recylcling events. We would suggest offering 2 Free Items for your best turnout. We greatly appreciate your business and the opportunity to serve you and your organization’s needs in City of Arden Hills. If you should have any questions about the information you have received, please do not hesitate to call me at 763-785-0456. Thank you for your time, consideration and business. Sincerely, John Crudo President Materials Accepted Include: LAMPS PRICE FLUORESCENTS 4' AND UNDER $0.50 EACH FLUORESCENTS 5' AND OVER $0.75 EACH COMPACT/CIRCULAR/U SHAPED $0.75 EACH COMPACT LAMPS WITH BASE $1.00 EACH H.I.D. $2.50 EACH LEDs $2.00 EACH FLUORESCENT LIGHT FIXTURES $25.00 EACH CHRISTMAS LIGHTS FREE TVs & MONITORS PRICE TVs & MONITORS UP TO 17" $20.00 EACH TVs & MONITORS 18" TO 31" $30.00 EACH TVs & MONITORS 32" AND OVER $55.00 EACH CONSOLE TVs $85.00 EACH REAR PROJECTION TVS $85.00 EACH (Additional $20.00 each for Broken TVs or CRTS) MISC ELECTRONIC ITEMS PRICE TABLETS, CABLES, CELL PHONES FREE SMALL ITEMS $6.00 EACH Laptops, CPUs/Towers, DVD & VCR Players, Speakers, Coffee Makers, Record Players, Toasters, Toaster Ovens, Phones, Small Appliances & Video Game Consoles STEREO RECEIVER $15.00 EACH STEREO (CONSOLE) $85.00 EACH SCANNERS & FAX MACHINES $10.00 EACH PRINTER (SMALL INKJET) $10.00 EACH PRINTER / COPIER (ALL -IN-ONE) $35.00 EACH PRINTER (LARGE/LASER) $35.00 EACH TONER CARTRIDGES $3.00 EACH APPLIANCES PRICE APPLIANCES & VACUUM CLEANERS $12.00 EACH HUMIDIFIER & MICROWAVE $15.00 EACH WATER HEATERS, WATER SOFTENERS, DEHUMIDIFIER (empty of water or salt) $15.00 EACH WATER HEATERS, WATER SOFTENERS, DEHUMIDIFIER (not empty of water or salt) $25.00 EACH WINDOW AIR CONDITION UNITS $25.00 EACH GROUND NON-COMMERCIAL AIR CONDITIONING UNIT $30.00 EACH BATTERIES (Only non-leaking accepted) PRICE ALKALINE, NICKEL CADMIUM, LITHIUM ION, NICKEL METAL HYDRIDE $1.75 POUND LITHIUM $6.75 POUND SEALED LEAD ACID CAR BATTERIES FREE Page 2 OTHER MISC ITEMS PRICE CAR TIRES (IF RIM, ADD $2.25 PER TIRE) $7.00 EACH SUV/TRUCK TIRES (IF RIM, ADD $2.25 PER TIRE) $9.00 EACH MATTRESS & BOX SPRINGS $20.00 EACH KING SIZE MATTRESS / PILLOW TOPS / EXTRA THICK $25.00 EACH WALKING TREADMILS $40.00 EACH NON-ELECTRIC EXERCISE EQUIPMENT $25.00 EACH ORGAN / PIANO $175.00 EACH DRY CHEMICAL FIRE EXTINGUISHER $30.00 EACH GENERATOR $20.00 EACH PROPANE TANKS - 1 LB DISPOSABLE (MUST BE EMPTY) $6.00 EACH PROPANE TANKS - 20 LB DISPOSABLE (MUST BE EMPTY) $20.00 EACH PROPANE BBQ GRILLS WITHOUT PROPANE TANK $15.00 EACH PROPANE BBQ GRILLS WITH PROPANE TANK $35.00 EACH CHARCOL GRILL (Must be clean with all non-metal material removed) FREE SCRAP METAL (Must be clean with all non-metal material removed) FREE LAWN & GARDEN (All liquids must be removed) PRICE CHAIN SAW, LEAF BLOWER, PRESSURE WASHER, ROTO TILLER, WEED WHACKER $12.00 EACH LAWN MOWER (Push) / SNOW THROWER (Small Electric) $15.00 EACH LAWN MOWER (Rider) / SNOW THROWER (Large) $40.00 EACH FURNITURE PRICE CALL FOR PRICING SHREDDING PRICE HARD DRIVE SHREDDING $5.00 EACH ONSITE @ GLR PAPER SHREDDING (4 box maximum) $1100.00 PER EVENT NOT ACCEPTED: PLASTIC, CARDBOARD, STYROFOAM, WOOD Green Lights Recycling, Inc. will provide approximately 9 employees (based on volumes) to staff the event at $37.25/hr. per employee. Propose Hours: 9am-12pm Propose Dates: September 25, October 2, October 9 Page 3 Page 1 of 2 CONSENT ITEM – 6D MEMORANDUM DATE: July 12, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: PC19-002 – Assignment of Development Agreement with AHSL Partners LLC (Trident Development) Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • The Assignment of Development Agreement for the Planned Unit Development Agreement with AHSL Partners LLC based on the City Council approval of Planning Case 19-002 on July 22, 2019. All items need a simple majority for action unless otherwise noted. Background At its April 26, 2021 meeting the City Council approved an Amended and Restated Development Agreement for the Planned Unit Development for AHSL Partners LLC (Trident Development). The Master Plan PUD Agreement outlines the conditions as permitted for the construction a three (3) story, 120-unit senior housing building which will include independent living, assisted living, memory care and skilled nursing. The amended PUD Agreement has been signed and is in the process of being recorded (Attachment B). The Developer recently requested the City approve and sign an Assignment of Development (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. Page 2 of 2 The City Attorney has reviewed the proposed Assignment of Development Agreement. He notes this type of agreement serves as a preapproval for the lender to take over the project should the 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. Options and Motion Language Staff has provided the following motion language for this case. 1. Recommend Approval: Motion to approve the Assignment of Development Agreement for AHSL Partners LLC based on the City Council approval of Planning Case 19-002 on July 22, 2019. 2. Recommend Denial: Motion to deny the Assignment of Development Agreement for AHSL Partners LLC based on the City Council approval of Planning Case 19-002 on July 22, 2019. 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 Assignment of Development Agreement for AHSL Partners LLC based on the City Council approval of Planning Case 19-002 on July 22, 2019. Budget Impact NA Attachments A. Location Map B. Planned Unit Development Agreement C. Assignment of Development Agreement Disclaimer: This map is intended for reference purposes only and is not a legally recorded map or survey. The City of Arden Hills shall not be liable for any damages or claims that arise due to accuracy, availability, use or misuse of the information herein pursuant to MN Statute 466.03 Subd 21. Interstate 694 Old Highway 10Parkshore DriveBrueberry LaneSnelling Avenue NorthValentine Crest Road Interstate 694 §¨¦694 £¤10§¨¦35W Park and Open Space Subject Parcels Location Map ± Attachment A 187184v1 1 (reserved for recording information) AMENDED & RESTATED DEVELOPMENT CONTRACT and PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) ARDEN HILLS SENIOR LIVING (PC #19-002) THIS DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (“Agreement”) is dated ____________, 2021, by and between the CITY OF ARDEN HILLS, a Minnesota municipal corporation (“City”), and AHSL Partners LLC, a Minnesota limited liberty company, (the “Developer”). This Agreement hereby amends, restates, and replaces the Development Contract and Planned Unit Development Agreement dated December 9, 2019, recorded on August 20, 2020; recording number: A0482982. 1. REQUEST FOR APPROVAL. The Developer has asked the City to approve a plat and Planned Unit Development) for Arden Hills Senior Living (referred to in this Contract as the "Development"). The land is situated in the County of Ramsey, State of Minnesota, and is legally described as set forth on Exhibit A hereto (“Subject Property”). $WWDFKPHQW% 187184v1 2 2. CONDITIONS OF APPROVAL. A. The City hereby approves the Development on condition that the Developer enter into this Agreement, furnish the security and fees required by it, and record the Agreement with the County Recorder or Registrar of Titles prior to the issuance of a grading and erosion control permit. B. The City hereby grants approval to the Development (identified as Plans A through P in paragraph 7 of this Agreement); as adopted on the 22nd day of July 2019 by Resolution No. 2019-024, and compliance with the terms and conditions of this Agreement and all other City requirements which are in effect. The specific conditions, requirements, and terms of approval are as set forth in City Resolution No.2019-024, adopted by the Arden Hills City Council on the 22nd day of July, 2019 and as identified in Exhibit C. 3. RIGHT TO PROCEED. Within the plat or subject property, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat, if any, and this Agreement have been recorded with the Ramsey County Recorder's/Registrar’s Office, and 4) the City’s Administrator has issued a letter that the Developer may proceed. 4. PHASED DEVELOPMENT. Not Applicable 5. PRELIMINARY PLAT STATUS. The preliminary plat approval shall lapse and be void unless final platted into lots and blocks -within one (1) year after preliminary plat approval as specified by state law. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat or approved 187184v1 3 development unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement with respect to property which did not receive final plat or development approval less than two (2) years prior to any such amendments. 7. DEVELOPMENT PLANS. The Project is illustrated and described on the following documents (“Plans”), attached in Exhibit D and incorporated as part of Planning Case 19-02, on file and of record at the City of Arden Hills: The Plans are: Plan A – Cover Sheet and Notes (C-1), dated 6/25/19 Plan B – Existing Conditions (C-2), dated 6/25/19 Plan C – Preliminary Plat (C-3), dated 6/25/19 Plan D – Site Plan (C-4), dated 6/25/19 Plan E – Utility Plan (C-5), dated 6/25/19 Plan F – Grading, Drainage, & Erosion Control Plan (C-6), dated 6/25/19 Plan G – Stormwater Pollution Prevention Plan (C-7), dated 6/25/19 Plan H – Details Plan (C-8 and C-9), dated 6/25/19 Plan I – Landscape Plan (L1), dated 6/25/19 Plan J - Planting Plan (L2), dated 6/25/19 Plan K – Tree Preservation Plan (TP1 and TP2), dated 6/25/19 Plan L – Photometric Plan (Pg. 1), dated 6/25/19 Plan M – Parking Plan Counts (Cover sheet), dated 6/25/19 Plan N – Plan Sets (10 pages) Plan P – Final Plat (Sheet 1 and 2), dated 6/25/19 8. IMPROVEMENTS. The Developer shall install and pay for the following as required to be built within the project as public and private improvements in accordance with the approved Plans: A. Sanitary Sewer System 187184v1 4 B. Water System C. Storm Sewer System D. Driveways, Parking Areas and connections to Streets E. Site Grading, Stormwater Filtration System and Erosion Control F. Landscaping and tree preservations G. Underground Utilities H. Setting of Iron Monuments, including Monuments described in the Wetland Overlay District I. Surveying and Staking J. Sidewalks and Trails K. Traffic Control Signs L. Parks, Playgrounds and other Recreation Facilities and Areas The improvements shall be installed in accordance with the City Code. The Developer will not use power equipment between the hours of 7 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications for permit which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer which approval shall be provided on the condition that such submittals comply with the Plans and this Agreement. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work as the City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Developer will install sidewalks just prior to the installation of the final lift of asphalt. 9. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement, the improvements lying within public easements shall become City property 187184v1 5 without further notice or action. Upon completion of the public improvements, the City shall inspect the public improvements and notify Developer if any of the improvements do not conform to the requirements of this Agreement. Upon compliance with this Agreement with respect to public improvements, the City shall give formal notice of acceptance to Developer and thereafter Developer shall have responsibility with respect to the maintenance of the public improvements as described in Section 16 and Exhibit E. The Developer shall, at its expense, prepare any streets for snowplowing and other maintenance that the Developer wishes the City to undertake prior to formal acceptance by the City of such streets. This preparation shall include, without limitations, ramping any manholes as necessary to avoid damage to snowplows or other vehicles used in street maintenance. Should damage occur to City snowplows or other vehicles during the course of snowplowing or other maintenance procedures prior to formal acceptance of the street by the City, the Developer shall pay all such damages and shall indemnify and hold the City harmless for all such damage, cost, or expense incurred by the City with regard thereto. 10. WARRANTY. The Developer warrants all public improvements required to be constructed by it pursuant to this Agreement for a period of twenty-four (24) months from the date of acceptance by the City against poor material and faulty workmanship. All trees and shrubs shall be warranted to be alive, of good quality, and disease free for twenty-four (24) months after planting. Any replacements shall be warranted for twenty-four (24) months from the time of planting. 11. IRON MONUMENTS. In accordance with Minnesota Statutes 505.021 and Arden Hills City Code Section 1140.01 the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 12. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to the following to the extent required: x Ramsey County for County Road Access and Work in County Rights-of-Way x MnDot for State Highway Access 187184v1 6 x Minnesota Department of Health for Watermains x MPCA for Storm Water Issues, Sanitary Sewer and Hazardous Material Removal and Disposal x DNR for Dewatering x City of Arden Hills for Building Permits x City of Arden Hills Grading and Erosion Control Permit x Rice Creek Watershed District x NPDES Stormwater Permit x Any other permits that may be required 13. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 14. TIME OF PERFORMANCE. The Developer shall furnish and install all required public and private improvements in accordance with the Plans approved by the City on or before May 1, 2023. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement must have the written approval of the City Engineer, and may be delayed or scheduled at any time of the year based upon existing site conditions at the discretion of the City Engineer. 15. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 16. OPERATION, MAINTENANCE AND EASEMENTS. The Developer shall provide for the operation, maintenance and dedication of easements for proposed facility improvements in accordance 187184v1 7 with the executed Stormwater and Recreational Facilities Operation, Maintenance and Easement Agreement as provided in Exhibit E. 17. EROSION CONTROL. Prior to initiating site grading, the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if reasonably required. All areas disturbed by the excavation and backfilling operations shall be reseeded within fourteen (14) days after the completion of the work, weather permitting, or in an area that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be maintained as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development, street or utility construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 18. GRADING PLAN. The plat shall be graded in accordance with the approved grading development and erosion control plan. The plan shall conform to City of Arden Hills specifications. Prior to the issuance of a Certificate of Occupancy the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches for public drainage have been constructed on public easements or land owned by the City. Notwithstanding the foregoing, the City may issue building permits to the Developer, prior to completion of all grading, provided the City Engineer has determined that adequate erosion control measures are in place. The "as 187184v1 8 constructed" plan shall include field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations. 19. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 20. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be at standard hourly rates. Developer will provide a $7,500.00 escrow, which is separate and in addition to any other escrow funds for this developer/development. The Developer shall pay for construction observation performed by the City's consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and will be billed on standard hourly rates. 21. CLAIMS. In the event that the City receives claims from labor, material, or others that work required by this Agreement has been performed, the sums due them have not been paid, and the laborers, material, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. 187184v1 9 22. SANITARY SEWER CHARGES. The Development is subject to a charge for Sanitary Sewer in the estimated amount of $226,238.80 payable to the city prior issuance of a building permit. The estimated sanitary sewer charges are identified below. The sewer availability fee is determined based on the Metropolitan Council’s formula for calculating new sewer availability charge (SAC) units. The Developer shall apply to the Metropolitan Council for a SAC determination for the project. The Parties acknowledge that the following costs are estimates prepared prior to receiving a SAC unit determination from the Metropolitan Council, and final charges will be adjusted in accordance with the adopted fee schedule for the City of Arden Hills and number of SAC units. Sewer Connection Fee: $840.00/acre x 5.32 acres = $4,468.80 (City) Sewer Availability Fee: $825.00/unit x 67 units = $55,275.00 (City) Metro Sewer Availability Charge: $2,485/unit x 67 units = $166,495.00 (MCES) 23. WATER CHARGES. The Development is subject to a charge for Water supply in the estimated amount of $96,593.80 payable to the city prior to issuance of a building permit. The estimated water charges are identified below. The water availability fee is determined based on the Metropolitan Council’s formula for calculating new sewer availability charge (SAC) units. The Developer shall apply to the Metropolitan Council for a SAC determination for the project. The Parties acknowledge that the following costs are estimates prepared prior to receiving a SAC unit determination from the Metropolitan Council, and final charges will be adjusted in accordance with the adopted fee schedule for the City of Arden Hills and number of SAC units. Water Connection Fee: $840.00/acre x 5.32 acres = $4,468.80 Water Availability Fee: $1,375.00/unit x 67 units = $92,125.00 187184v1 10 23. STORM SEWER CHARGE. The Development is subject to charges for Stormwater review and approval by the Rice Creek Watershed District. 25. TRAFFIC CONTROL SIGNS, STREET LIGHT AND STREET MAINTENANCE COSTS. Not Applicable 26. PARK DEDICATION. The Developer will install the improvements to the Park as shown on approved Plan D. The Developer shall provide a Security of $223,264.56, which is based on 125% of the cost of improvements as listed in Exhibit B. 27. LANDSCAPING. The Developer will pay prior to the issuance of a building permit, the amount of $20,000.00 as required by Condition #18 in Resolution No. 2019-024 dated July 22, 2019. 28. TREE PRESERVATION. The Developer will implement the tree preservation plan as shown on approved Plan K. 29. SPECIAL PROVISIONS. The following special provisions shall apply to the development: A. Implementation of the recommendations listed in Resolution No. 2019-024, dated July 22, 2019. B. The Developer shall post a $2,500 security for the final placement of interior subdivision iron monuments at property corners and the placement of all monument. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. C. The Developer shall pay the cost for the preparation of record construction drawings and City base map upgrading by the City Engineer as part of the Administrative / Engineering Fee. D. The Developer is required to submit the final plat in electronic format. The electronic format shall be Auto CAD file. 187184v1 11 E. The Developer must obtain a sign permit from the City prior to installation of any signs for the development. F. Prior to recording of this Agreement with Ramsey County and the conveyance of the Subject Property from Arden Hills Senior Living, LLC to Developer, (i) Developer shall cause Arden Hills Senior Living, LLC to provide a Quit Claim Deed for Outlot A, Arden Hills Senior Living, Ramsey County, Minnesota, to the City of Arden Hills, and (ii) the City of Arden Hills shall deliver a Quit Claim Deed for Lot 1, Block 1, Arden Hills Senior Living, Ramsey County, Minnesota, to Arden Hills Senior Living, LLC . 30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Agreement, payment of the costs of all improvements, and construction of all public and private improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank (“security”) for $334,107.50. The amount of the security includes all of the security requirements set forth in the preceding sections of this Agreement, and was calculated as follows: CONSTRUCTION COSTS: Storm Sewer/Drain tile $10,955.00 Erosion Control/Grading Certification $7,073.00 Streets $52,450.00 Sidewalk/Trail $15,336.00 Park Improvements $178,611.65 CONSTRUCTION SUB-TOTAL $264,425.00 OTHER COSTS: Lot Corners/Iron Monuments $2,861.00 OTHER COSTS SUB-TOTAL $ 2,861.00 TOTAL SECURITIES: $267,286.65 GRAND TOTAL SECURITIES (125%) $334,107.50 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The security shall be for a term ending November 30, 187184v1 12 2022. Individual security instruments may be for shorter terms provided they are replaced at least thirty (30) days prior to their expiration. The City may draw down the security, upon fifteen (15) business days prior written notice to Developer, for any violation of the terms of this Agreement. Amounts drawn shall not exceed the amounts necessary to cure to the default. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied in accordance with approved plans, the security shall be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed and all financial obligations to the City satisfied. The City standard specifications for utilities and street construction outline procedures for security reductions. 31. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Agreement which must be furnished to the City prior to the issuance of a building permit: Engineering, City Administration Legal Expenses (Section 18) escrow $1,500.00 Engineering Site Observation $7,500.00 Sewer Connection Fee $4,468.80 Sewer Availability Fee $55,275.00 MCES Sewer Fee $166,495.00 Water Connection Fee $4,468.80 Water Availability Fee $92,125.00 Street Protection and Repair Escrow $15,000.00 Landscaping Escrow $20,000.00 Total Cash Requirements $$366,832.60 The City is implementing a pass through billing process. The $366,832.60 escrow will be held and all bills will be forwarded for immediate payment. If payments are not made in a timely fashion, the project 187184v1 13 will stop until payments are made. If said fees are less than estimated, the City shall reimburse the Developer within thirty (30) days of receipt of final invoices. 32. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. C. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This is an obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat or property, or any part of it. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within sixty (60) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within sixty (60) days shall accrue interest at the rate of eight percent (8%) per year. E. In addition to the charges herein and special assessments referred to herein, other charges as required by City ordinance may be imposed such as, but not limited to, sewer access charges ("SAC"), water access charges, and building permit fees. 32. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an 187184v1 14 emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, state, and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. B. This Agreement shall run with the land and may be recorded against the title to the Subject Property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Subject Property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Any transfer of an ownership interest in the Subject Property is an assignment of the rights and obligations herein to the subsequent owner. C. Third parties shall have no recourse against the City or Developer under this Agreement. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the 187184v1 15 parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. Developer will hold the City and its officers, agents, and employees harmless from claims made by third parties, including but not limited to other property owners, tenants, contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or injuries resulting from approval of this Planned Unit Development and the development of the Subject Property unless such claims are caused by the City’s negligent, reckless or willful misconduct. The Developer will indemnify the City and its officers, agents, and employees for all costs, damages, or expenses, including reasonable engineering and attorney's fees, which the City may pay or incur in consequence of such claims, except if caused by City negligence, reckless or willful misconduct. G. In addition to all legal or equitable remedies, breach of any material term of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties, and Certificates of Occupancy. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, commercial general liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its contractors or by one directly or indirectly employed by any of them. The insurance may be provided by a single policy or multiple policies including excess of or umbrella policies and shall have limits for bodily injury and death not less than $1,000,000 for one person 187184v1 16 and $2,000,000 for each occurrence; limits for property damage shall be not less than $1,000,000 for each occurrence; or a combination single limit policy of $2,000,000 or more. The City shall be named as an additional insured on the policies, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat or issuing any permits. The certificate shall provide that the City must be given advance written notice of the cancellation of the insurance. J. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in writing. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer will pay in full all invoices submitted to it by the City within sixty (60) days after receipt which reasonably evidence those costs incurred in the drafting, enforcement and supervision of this Agreement, including reasonable engineering, planning, and attorney's fees. If the invoices are not paid on time, the City may halt all development work until the invoices are paid in full. Invoices not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest charge. 187184v1 17 M Developer shall be responsible for all snow removal from sidewalks on vacant lots to the extent that City Ordinance requires snow removal from sidewalks on constructed homes. Developer shall be responsible for ensuring that all vacant lots comply with the City’s Code regarding nuisances. N Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls the development plans, or special conditions referred to in this Agreement required to be constructed shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. 35. SUCCESSORS AND ASSIGNS. The Developer may not assign this Agreement without the written permission of the City Council. This Development Contract shall be binding upon and inure to the benefit of the parties and their respected successors and assigns, including without limitation, any and all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with any interest in the Property. Should the Developer convey any lot or lots in the Plat to a third party, the city and the owner of that lot or those lots may amend the Development or this Development Contract, with City approval, or use of those lots without the approval or consent of the other lot owners within the Plat. Private agreements between the owners of lots within the Plat for shared service or access and related matters necessary for the efficient use of the Property shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner. 36. COUNTERPARTS. This Development Contract may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the 187184v1 18 following address: AHSL Partners LLC, 3601 18th Street South, Suite 103, St. Cloud, MN 56301. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112. [Signatures on the following pages.] 187184v1 19 Signature page to Development Contract and PUD Agreement Arden Hills Senior Living CITY OF ARDEN HILLS BY: _____________________________________ Mayor (SEAL) BY: _____________________________________ City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ________ day of __________________, 20____, by ___________________________________ and by ___________________________________ , the Mayor and City Administrator of the City of Arden Hills, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ Notary Public 187184v1 20 DEVELOPER: AHSL PARTNERS LLC BY: Jeffrey Drown Its: President STATE OF MINNESOTA ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ________ day of __________________, 2021 , by Jeffrey Drown, the President of AHSL Partners LLC, a Minnesota limited liability company, on it behalf. ______________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 187184v1 21 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT _______________________________________, a _____________________________, fee owner(s) of all or part of the Subject Property, the development of which is governed by the foregoing Development Contract, affirm(s) and consent(s) to the provisions thereof and agree(s) to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this _____ day of _________________, 20___. ________________________________________ By: _____________________________________ Its _____________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 20____, by _____________________________, the ______________________ of _________________________________, a ____________________________, on behalf of the _______________________________________. ________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 187184v1 22 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, which mortgage is dated ___________ and recorded _____________ with the Ramsey County Recorder/Registrar as document number __________, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2_____, by ______________________________________________________. ________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 187184v1 23 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description Lot 1, Block 1, ARDEN HILLS SENIOR LIVING , Ramsey County, Minnesota. AND Outlot B, ARDEN HILLS SENIOR LIVING, Ramsey County, Minnesota. 187184v1 24 EXHIBIT “B” TO DEVELOPMENT CONTRACT Arden Hills Park Improvement Budget ĂƚĞ͗ϵͲϭϵͲϭϵ ZĞ͗ƌĚĞŶ,ŝůůƐ^ĞŶŝŽƌ>ŝǀŝŶŐ /ƚĞŵ YƵĂŶƚŝƚǇ dǇƉĞ hŶŝƚŽƐƚ dŽƚĂů͗ >ŝŐŚƚƵƚǇŝƚƵŵŝŶŽƵƐƌĞĂ ϯϬϵ ^& Ϯϰ͘ϬϬΨ ϳ͕ϰϭϲ͘ϬϬΨ ŝƚƵŵŝŶŽƵƐdƌĂŝůƌĞĂ ϭϬϲϲ ^Yz^ Ϯϱ͘ϬϬΨ Ϯϲ͕ϲϰϰ͘ϰϰΨ ,ĞĂǀǇƵƚǇŝƚƵŵŝŶŽƵƐƌĞĂ ϰϱϲ ^Yz^ Ϯϴ͘ϬϬΨ ϭϮ͕ϳϱϱ͘ϱϲΨ ^ŚƵĨĨůĞŽĂƌĚ,ĞĂǀǇŝƚƵŵŝŶŽƵƐƌĞĂ ϭϮϳ ^Yz^ Ϯϴ͘ϬϬΨ ϯ͕ϱϰϲ͘ϲϳΨ ^ŚƵĨĨůĞŽĂƌĚŽĂƚŝŶŐ ϭϭϰϬ ^& ϭϬ͘ϬϬΨ ϭϭ͕ϰϬϬ͘ϬϬΨ ǆĞƌĐŝƐĞŽŶĐƌĞƚĞWĂĚƌĞĂ ϲϯϬ ^& ϴ͘ϱϬΨ ϱ͕ϯϱϱ͘ϬϬΨ WĂƌŬWĂƌŬŝŶŐKŶůǇWĂǀĞĚƌĞĂ ϭϬϮ ^Yz^ Ϯϰ͘ϬϬΨ Ϯ͕ϰϰϬ͘ϬϬΨ WĂƌŬWĂƌŬŝŶŐKŶůǇĚĚŝƚŽŶĂůƵƌď ϯϱ >& ϭϴ͘ϬϬΨ ϲϯϬ͘ϬϬΨ /ŶƐƚĂůůĂƚŝŽŶŽĨǆĞƌĐŝƐĞƋƵŝƉŵĞŶƚ ϭϭϲ ŵĂŶŚŽƵƌƐ ϲϱ͘ϬϬΨ ϳ͕ϱϰϬ͘ϬϬΨ ǆĞƌĐŝƐĞƋƵŝƉŵĞŶƚDĂƚĞƌŝĂů ϭ ůƵŵƉƐƵŵ ϭϬ͕ϬϬϬ͘ϬϬΨ ϭϬ͕ϬϬϬ͘ϬϬΨ ZĞƚĞŶƚŝŽŶWŽŶĚ ϭ ůƵŵƉƐƵŵ Ϯϱ͕ϬϬϬ͘ϬϬΨ Ϯϱ͕ϬϬϬ͘ϬϬΨ 'ƌĂĚŝŶŐŽŶƚƌŽůWŽŝŶƚƐ Ϯ ĞĂ ϯϬϬ͘ϬϬΨ ϲϬϬ͘ϬϬΨ 'ƌĂĚŝŶŐƋƵŝƉŵĞŶƚ ϱ ĚĂǇƐ Ϯ͕ϱϬϬ͘ϬϬΨ ϭϮ͕ϱϬϬ͘ϬϬΨ ƋƵŝƉŵĞŶƚŽƉĞƌĂƚŽƌƐ ϭϬ ŵĂŶŚŽƵƌƐ ϭϭϬ͘ϬϬΨ ϭ͕ϭϬϬ͘ϬϬΨ ^ĞĞĚŝŶŐŽĨĂƌĞĂΘĞƌŽƐŝŽŶŵĂƚ ϯϳϵϰϴ ^& Ϭ͘ϭϱΨ ϱ͕ϲϵϮ͘ϮϬΨ ŝƚǇŽĨƌĚĞŶ,ŝůůƐ^ŝŐŶ ϭ ĞĂ Ϯ͕ϱϬϬ͘ϬϬΨ Ϯ͕ϱϬϬ͘ϬϬΨ DŝƐĐ͘^ŝŐŶĂŐĞ ϭ ůƵŵƉƐƵŵ ϱϬϬ͘ϬϬΨ ϱϬϬ͘ϬϬΨ dƌĂƐŚΘZĞĐǇĐůŝŶŐ;<tZͲϲϯͿ<ŝƌďǇďƵŝůƚ ϭ ĞĂ ϭ͕ϰϬϬ͘ϬϬΨ ϭ͕ϰϬϬ͘ϬϬΨ ŝƚǇWĂƌŬĞŶĐŚĞƐ;<EͲϭϲϱͿ<ŝƌďǇďƵŝůƚ Ϯ ĞĂ ϵϬϬ͘ϬϬΨ ϭ͕ϴϬϬ͘ϬϬΨ >ŝŐŚƚĞĚďŽůůĂƌĚƐĨŽƌƉĂƚŚ ϭϬ ĞĂ ϰϱϬ͘ϬϬΨ ϰ͕ϱϬϬ͘ϬϬΨ ^ŝůƚ&ĞŶĐĞ ϲϮϳ >& Ϯ͘ϴϱΨ ϭ͕ϳϴϲ͘ϵϱΨ dƌĞĞWůĂŶƚŝŶŐ Ϯϱ ĞĂ ϮϬϬ͘ϬϬΨ ϱ͕ϬϬϬ͘ϬϬΨ ϭϮΗŽŶĐƌĞƚĞ&ůĂƌĞĚŶĚ^ĞĐƚŝŽŶͬZŝƉZĂƉ ϭ ĞĂ Ϯ͕ϬϬϬ͘ϬϬΨ Ϯ͕ϬϬϬ͘ϬϬΨ ϭϮΗůĂƐƐϱŽŶĐƌĞƚĞWŝƉĞ ϰϭ >& Ϯϱ͘ϬϬΨ ϭ͕ϬϮϱ͘ϬϬΨ ϰΖĂƚĐŚĂƐŝŶ ϭ ĞĂ ϳϱϬ͘ϬϬΨ ϳϱϬ͘ϬϬΨ WĞƌŵŝƚƐΘWůĂŶZĞǀŝĞǁ ϭ WĞƌDEϯϮϲ͘ϭϱϯΘŝƚǇ ϭ͕ϵϬϴ͘ϰϴΨ ^ƵďƚŽƚĂů͗ ϭϱϱ͕ϳϵϬ͘ϯϬΨ /ŶƐƵƌĂŶĐĞ ϭ͕ϱϱϳ͘ϵϬΨ 'ĞŶĞƌĂůŽŶĚŝƚŝŽŶƐ ϭϭ͕Ϭϭϰ͘ϯϳΨ KǀĞƌŚĞĂĚ ϱ͕ϴϵϮ͘ϲϵΨ WƌŽĨŝƚ ϰ͕ϯϱϲ͘ϯϴΨ 'ƌĂŶĚdŽƚĂů͗ ϭϳϴ͕ϲϭϭ͘ϲϱΨ ƌĚĞŶ,ŝůůƐWĂƌŬ/ŵƉƌŽǀĞŵĞŶƚƵĚŐĞƚ 187184v1 25 EXHIBIT “C” TO DEVELOPMENT CONTRACT Conditions of Approval 1. Approval of the Site Plan, Planned Unit Development, and Preliminary Plat is contingent upon Metropolitan Council approval of the Comprehensive Plan Amendment. The effective date of the City Council approval will be the date of the Metropolitan Council approval. 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 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. 4. The Preliminary Plat approval shall expire six months from the date of the City Council approval unless the Final Plat has recorded with Ramsey County or a time extension granted by the City Council. 5. Prior to the release of the Final Plat for recording, the Applicant shall enter into a Development Agreement. 6. The Final Plat shall be recorded prior to the issuance of a building permit. 7. Prior to the issuance of a building permit, the Applicant shall deed Outlot A to the City. Dedication shall occur free of encumbrances and at no cost to the City. 8. All disturbed boulevards shall be restored with sod. 9. 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. 10. The maximum number of units allowed on site is 120. 11. 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. 12. 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. 13. A right-of-way permit shall be required for work performed within the City right-of- way. 14. No exterior storage shall be permitted. 15. 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 187184v1 26 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. 16. 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. 17. 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 2. 18. Prior to the issuance of a building permit, a landscape financial security of $20,000.00 dollars shall be submitted. Landscape financial security is held for two full growing seasons. 19. 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. 20. 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. 21. 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. 22. Prior to City Council, the Applicant shall submit a materials board to be approved in writing by staff. 23. 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 limited to, MPCA, Rice Creek Watershed District, and Ramsey County, MNDOT prior to the start of any site activities. 24. 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. 25. Prior to the issuance Grading and Erosion permit, the Engineering Department shall review and approve final grading and utility plans in writing. 26. All proposed workout station equipment shall be approved by City staff prior to the issuance of a building permit. 27. The Applicant shall update the landscaping plan to meet the required tree mitigation prior to the issuance of a Grading and Erosion control permit. 28. 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. 187184v1 27 29. The property owner and the City shall come to an agreement on connecting the proposed trial and the future trail upon opening the park space. 30. Memory care and assisted living shall be parked at .5 stalls per unit. 31. The Applicant shall construct six (6) workout stations. 32. The Applicant shall work with staff to provide a child amenity within the park. 187184v1 28 EXHIBIT “D” TO DEVELOPMENT CONTRACT Approved Plans See DetailPARKSHOBLUEBERRY LANE See Detail 08.0DHYAAAAAAAA0.10.9 0.81.00.5 0.81.00.91.10.10.90.70.6 1.00.10.90.50.10.10.11.80.10.10.10.20.20.30.40.50.81.01.31.80.10.8 1.51.10.90.80.81.11.31.31.10.70.32.7 2.41.10.60.81.01.31.41.30.90.22.10.51.82.42.62.12.00.10.10.20.40.60.91.52.11.92.01.90.0 0.00.11.01.62.22.02.11.10.10.00.00.00.00.00.00.00.00.20.10.10.10.10.10.10.10.10.10.00.20.30.50.81.31.62.12.61.30.10.11.90.00.00.00.00.00.10.10.10.20.30.51.42.02.31.30.10.00.91.41.52.02.82.52.32.32.42.82.01.41.01.1 1.02.10.82.22.22.11.81.51.10.91.21.11.91.51.31.11.00.90.40.40.30.30.30.30.30.30.30.30.30.30.30.30.40.30.40.30.20.20.32.00.80.60.60.50.60.60.81.11.51.91.91.61.92.21.51.10.70.5 1.61.72.22.02.12.42.62.52.42.21.81.61.51.61.61.71.61.51.31.10.80.71.91.32.62.52.32.32.42.72.31.81.51.31.21.11.21.31.21.00.70.5 1.10.9 1.52.01.91.71.61.51.41.41.41.51.72.02.12.22.31.91.02.21.32.00.21.71.71.71.71.92.12.22.32.11.82.12.20.21.5 1.1 0.8 0.6 0.5 0.4 0.3 0.2 0.2 0.2 0.1 0.1 0.10.30.12.9 2.00.10.10.00.10.30.60.31.52.22.22.11.40.10.51.80.2 0.2 0.1 0.1 0.1 0.1 0.10.90.10.10.20.20.42.10.22.32.22.11.40.90.6 0.30.10.2 0.2 0.1 0.1 0.1 0.1 0.10.3 0.40.20.01.22.12.31.91.51.1 0.4 0.10.10.00.00.00.00.00.60.0 0.0 0.0 0.00.10.00.02.01.51.00.60.40.20.10.00.00.90.0 0.0 0.0 0.0 0.0 0.00.10.10.00.02.21.80.10.02.50.01.3 2.2 2.1 1.6 1.0 0.6 0.4 0.20.10.00.1 0.1 0.0 0.0 0.0 0.0 0.00.00.0 0.00.01.10.01.42.72.40.11.6 0.7 0.4 0.2 0.1 0.1 0.0 0.02.00.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.00.0 0.0 0.0 0.0 0.0 0.00.00.12.20.00.1 0.40.03.0 1.9 1.3 0.8 0.4 0.2 0.1 0.12.20.0 0.0 0.0 0.00.01.40.00.10.31.92.30.02.00.00.8 0.5 0.3 0.2 0.1 0.1 0.12.20.00.4 0.2 0.1 0.1 0.0 0.01.10.01.60.0 0.0 0.0 0.00.00.70.10.71.92.32.20.00.1 0.1 0.0 0.0 0.0 0.0 0.0 0.00.40.00.10.40.10.20.52.12.72.21.71.20.71 fc1 fc1 fc1 fc1 fc1 fc1 fc1 fc0.5 fc0.5 fc0.5 fc0.5 fc0.5 fc0.5 fc0.25 fc0.25 fc0.25 fc0.25 fc0.25 fc 50 STALLSIWð8QLW0&6IWð8QLW0&6IWð8QLW0&6IWð8QLW0&6IWð8QLW0&68QLW06WDLUIWð8QLW0&6IWð8QLW0&6IWð8QLW0&6IWð8QLW0&60&&RPPRQV0&6WXGLR IWð8QLW%IWð8QLW$IWð8QLW$IWð8QLW%IWð8QLW%8 IWð8QLW%IWð8QLW%IWð8QLW%IWð8QLW$IWð8QLW$IWð8QLW% See Detail 187184v1 29 EXHIBIT “E” TO DEVELOPMENT CONTRACT Operations and Maintenance agreement 1 203267v1 AMENDED AND RESTATED STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT THIS AMENDED AND RESTATED STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT (this “Agreement”) is made and entered into as of the ______ day of _____________, 2021, by and between AHSL PARTNERS LLC, a Minnesota limited liability company (the “Owner”) and the CITY OF ARDEN HILLS, a Minnesota municipal corporation (the “City”). This Agreement hereby amends, restates, and replaces that certain Stormwater and Recreational Facilities Operation, Maintenance and Easement Agreement, dated March 9, 2020, by and between the City and Arden Hills Senior Living, LLC, a Minnesota limited liability company, Owner’s predecessor-in-interest (the “Original Agreement”), which Original Agreement was attached as Exhibit B to that certain Development Agreement recorded in the Office of the County Recorded, Ramsey County, Minnesota, as Document No. A04829982. The Original Agreement is hereby made null and void and of no force or effect. RECITALS A. The Owner is the fee owner of certain real property located in Ramsey County, Minnesota, legally described in Exhibit A attached hereto ("Owner Property"); and B. The City is the fee owner of certain real property located in Ramsey County, Minnesota, legally described in Exhibit B attached hereto (“City Property”) (Owner Property and City Property collectively referred to “Properties”); and C. The Owner is proceeding to build on and develop the Owner Property, and has requested approval of the Planned Unit Development Agreement, Site Plan, Conditional Use Permit and Final Plat (collectively “Plans”) for the proposed development; and D. The final Plans for Arden Hills Senior Living, which are expressly made a part hereof, as approved or to be approved by the City, provides for piping/detention/retention of 2 203267v1 stormwater facilities, as well as the construction and maintenance of a trail with a minimum of six recreational stations, and a fire lane (collectively “Facilities”), as generally depicted on Exhibit C attached hereto; provided, however said final Plans, as approved or to be approved by the City shall govern; and E. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Arden Hills, Minnesota, require that the on-site stormwater management facilities included within the Facilities (the “Stormwater Facilities”) be constructed and maintained on the Properties, as well as the construction and maintenance of the remainder of the Facilities; and F. The City requires that the Stormwater Facilities as shown on the Plans be constructed and adequately maintained by the Owner as a condition of final approval of the Plans. G. The City requires that the Non-Stormwater Facilities as shown on the Plans be constructed by the Owner at the Owner’s cost and maintained by the City at the City’s cost, subject to the terms set forth herein, as a condition of final approval of the Plans NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plans. 2. Maintenance of Stormwater Improvements. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the Stormwater Maintenance Plan and the City engineering standards for stormwater treatment facilities attached hereto as Exhibit E. This includes all pipes, channels, and other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their designed functions. B. The Owner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed and comply with all federal, state, and local regulations relating to the disposal of material. 3. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be inspected and submit an inspection report annually to the City and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire Stormwater Facilities, including, without limitation, berms, outlet structure, pond areas, access roads, buffers, etc. Deficiencies shall be noted in the inspection report. A storage treatment basin will be considered inadequate if 3 203267v1 it is not compliant with all requirements of the approved Plan and City engineering standards set forth in Exhibit E. 4. City Access and Maintenance Rights. A. The Owner hereby grants permission to the City, its authorized agents and employees, to enter upon the Owner Property and to inspect the stormwater management facilities during normal business hours (unless during an emergency that requires immediate access) as the City deems necessary. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event the Owner, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Owner written notice of the specific failure or deficiency, the City may enter upon the City Property and the Stormwater Easement Area (defined below) and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct the specific deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed and to the extent practical the estimated cost. The City may assess the City’s costs to the Owner’s property taxes, its successors and assigns. The Owner and its successors and assigns hereby waive any objection to the notice and procedural requirements or appeal rights afforded by Minnesota Statutes Chapter 429 for assessments levied by the City that are adopted pursuant to this Agreement. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation of the Stormwater Facilities, except to the extent arising from City’s breach of this Agreement or the City’s gross negligence or intentional misconduct. The Owner expressly agrees to defend and hold the City harmless from any such third-party claim. 5. Grant of Easement. Owner hereby grants to the City, its successors and assigns, a permanent non-exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through the easement area legally described on Exhibit D, attached hereto and incorporated herein (the “Stormwater Easement Area”). The easement shall include the rights, but not the obligation, of the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, pave, and excavate the Stormwater Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said private Stormwater Facilities systems. City hereby grants to the Owner a permanent non-exclusive easement over the portions of the City Property containing Stormwater Facilities legally described in Exhibit F for the purpose of Owner to construct, maintain, repair, and replace said Stormwater Facilities. 4 203267v1 City hereby grants to the Owner a permanent non-exclusive easement located on, over, and across the portion of the City Property legally described on Exhibit X, attached hereto and incorporated herein, for the purposes of access to and from the Owner Property from the existing Park Shore Drive public right of way (the “Roadway Easement Area”). The Owner shall have the right to construct, maintain, replace, and repair a roadway within the Roadway Easement Area, and the City shall not obstruct, or allow to be obstructed, the Roadway Easement Area. 6. Construction, Maintenance and Restoration of Trail and Recreational Stations. Owner shall construct the trail containing a minimum of six recreational stations that are included in the Facilities, and at least one of which must be designed primarily for the use of children, in accordance with the plans and specifications identified in the Plans. City hereby grants to Owner a temporary non-exclusive easement over, under, across, and above the City Property for the purpose of Owner’s construction of the trail and recreational stations referenced herein (the “Temporary Trail Construction Easement”). The Temporary Trail Construction Easement shall expire upon Owner’s completion of construction of the trail and recreational stations to be constructed as part of the Facilities in accordance with the Plans. A. After completion of construction by Owner, all maintenance, repair and replacement of the trail and recreational stations constructed as part of the Facilities shall be performed by the City in accordance with the City’s standard practices for similar trails and facilities at the City’s cost. It is expressly understood and agreed that the Owner is under no obligation to maintain, repair, or replace said trail or recreational stations, and in no event shall this Agreement be construed to impose any such obligation on the Owner. The City agrees that it is, and will be, solely responsible for legal claims and addressing complaints brought by any third party regarding the maintenance, repair, replacement, and operation of said trail and recreational stations, except to the extent arising from the Owner’s breach of this Agreement or the Owner’s gross negligence or intentional misconduct. The City expressly agrees to indemnify, defend and hold the Owner harmless from any such third-party claim. B. In exchange for the City’s assumption of the maintenance, repair, and replacement of the trail and recreational stations constructed as part of the Facilities, Owner agrees to pay the City an amount equal to One Hundred Twenty-five Thousand Dollars ($125,000), and thereafter Owner shall not be required to reimburse the City for any costs incurred by the City in connection with such maintenance, repair and/or replacement. In addition, the City hereby agrees that in no event will the City assess any such maintenance, repair and/or replacement costs against the Owner Property or Outlot B, ARDEN HILLS SENIOR LIVING, Ramsey County, Minnesota for the Trail and Recreational Stations. 7. Construction and Maintenance of Fire Lane. Owner shall install and be responsible for all costs incurred in the installation of a fire lane in accordance with the plans and specifications identified in the Plans (the “Fire Lane”). A. The Owner, at its sole cost and expense, agrees to provide for the regular maintenance of the Fire Lane as though it was located entirely within the Owner Property. For the purposes of this Agreement, “regular maintenance” shall include, but is not necessarily limited to, inspecting, crack filling, minor road improvements, tree trimming, tree removal, snowplowing, sanding, signing, and removal of obstructions (e.g., a downed trees). 5 203267v1 B. No machinery, trailers, vehicles, or other property may be stored or parked upon the Fire Lane. C. If the Owner fails to maintain regular maintenance and keep the Fire Lane in good condition, the City may repair or replace the fire lane, after adequate notice to the Owner and opportunity for the Owner to take appropriate action to maintain, repair, or replace the Fire Lane (which notice and cure period shall not be less than 60 days in duration). The Owner shall be responsible for all costs incurred by the City under this subsection 7.C. D. Owner hereby grants to the City, its successors and assigns, a permanent non- exclusive easement for the purpose allowing recreational public access along the portion of the Fire Lane legally described on Exhibit G for pedestrian and non-motorized vehicle (e.g. bicycles) ingress and egress purposes only. 8. Reimbursement of Costs. The Owner and the City agrees to reimburse the other party for all costs incurred by the other party in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 9. Indemnification. The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees. 10. Insurance. The Owner shall maintain its own policies of public liability insurance with regard to the use of the City Property by Owner, its respective officers, agents, employees, members, invitees, contractors and assigns. 11. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner: AHSL Partners LLC Attention: Roger Fink 3601 18th Street South, Suite 103 St. Cloud, Minnesota 56301 To the City: City of Arden Hills Attention: City Administrator 1245 West Highway 96 Arden Hills, Minnesota 55112 All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 6 203267v1 12. Successors/Covenants Run with Property. All duties and obligations of Owner under this Agreement shall also be duties and obligations of Owner’s successors and assigns. The terms and conditions of this Agreement shall run with the Properties. PROPERTY OWNER: AHSL PARTNERS LLC By: Jeffrey Drown Its: President STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2021, by Jeffrey Drown, the President of AHSL Partners LLC, a Minnesota limited liability company, on behalf of said entity. Notary Public 7 203267v1 CITY OF ARDEN HILLS By: ____________________________________ David Grant, Mayor By: ____________________________________ Dave Perrault, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2021, by David Grant and Dave Perrault, respectively, the Mayor and City Manager, of the City of Arden Hills, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ/jmo 8 203267v1 EXHIBIT A TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT Legal Description of the Owner Property Lot 1, Block 1, ARDEN HILLS SENIOR LIVING, Ramsey County, Minnesota. 9 203267v1 EXHIBIT B TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT Legal Description of the City Property Outlot A, ARDEN HILLS SENIOR LIVING, Ramsey County, Minnesota. AND The Park, EDGEWATER ESTATES, Ramsey County, Minnesota. 10 203267v1 EXHIBIT C TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page] 11 203267v1 EXHIBIT D TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page] 12 203267v1 EXHIBIT E TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT Engineering standards Stormwater facilities within the City of Arden Hills shall be designed in accordance with the Minnesota Stormwater Manual prepared under the guidance of the Minnesota Pollution Control Agency. The City Engineer shall assist applicants with applying the standards and recommendations from the Minnesota Stormwater Manual during site specific design. Recreation equipment and trail installation plans shall be reviewed and approved by Arden Hills City staff prior to installation. Equipment shall be installed in accordance with manufacturer’s recommendations. Trail shall be installed in accordance with the City’s standard specifications. Annual Inspections The Owner, at its expense, shall be responsible for the inspection and maintenance of stormwater drainage and management facilities (Drainage Facilities) located on the Property or directly associated with the property improvements to ensure Facilities function properly. Owner shall inspect the Drainage Facilities at least annually and submit a written inspection report to the Arden Hills City Engineer for review. Owner shall promptly complete maintenance and repairs to the Drainage Facilities based on finding from the annual inspection or as directed by the City Engineer. Inspections shall be completed by a qualified person with formal training and education in the design and maintenance of stormwater management practices. A summary of inspector qualifications shall be provided with the annual report. Annual inspections shall include, but are not limited to, the following items. 1. Access: Adequate access is provided for inspection, maintenance, and landscaping upkeep, including the ability to access areas by appropriate equipment and vehicles. 2. Sediment Removal: Accumulated sediment is removed every seven years or after 40 percent of total forebay or permanent pool capacity has been lost. 3. Vegetation: Mowing of the pond buffer, shoreline or base elevation, and the embankment is completed a minimum of once per year. All areas of bare soil and erosive gullies are repaired and stabilized. All noxious weeds are treated and/or removed from the Facility area. 4. Debris: All trash, litter and debris is removed from within the 100-year high water level of the facility, including fallen trees, limbs and other floatable materials. 5. Infiltration: The surface of infiltration areas are free of accumulated sediment and continue to provide the design infiltration and permeability rates in accordance with the original hydraulic design. Standing water does not exist after 24 hours following a rain event. Subsurface drainage pipes are free of debris and are not clogged with material. 6. Conveyance and Outlet Works: Inlet pipes, outlet pipes, outlet control devices and emergency overflow paths are free of debris or other potential blockages. Pipes and structures are secured and show no signs of significant deterioration or damage. Trash guards are secured and free of blockage. Rip rap and energy dissipation items are maintained in proper working order in accordance with design requirement. 13 203267v1 7. Embankments: Areas of embankment are inspected to identify instability, including cracks, horizontal or vertical movement, slope failure, or seepage. 14 203267v1 EXHIBIT F TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page] 15 203267v1 EXHIBIT G TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page] 16 203267v1 EXHIBIT X TO STORMWATER AND RECREATIONAL FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT [Contained on Following Page] 187184v1 30 IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Arden Hills Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. ________, dated _____________, 2______, of (Name of Bank) "; b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Arden Hills certifying that ________________________________ is in default of the Development Contract with the City of Arden Hills and that five (5) business days prior written notice has been given by the City to the Developer with respect to the existence of such default, and such default has not been cured. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2______. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Arden Hills City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Arden Hills City Administrator, 1245 Highway 96, Arden Hills, MN 55112, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: ____________________________________ Its ______________________________ 187184v1 31 CERTIFICATE OF INSURANCE LIABILITY & WORKERS' COMPENSATION This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. PROJECT: ___________________________________________ CERTIFICATE HOLDER & ADDITIONAL INSURED: City of Arden Hills ADDRESS: ARCH/ENGR:__________________________________________ INSURED:______________________________________ ADDRESS:___________________________________ ___________________________________ AGENT:________________________________________ ADDRESS:___________________________________ ___________________________________ WORKERS' COMPENSATION COVERAGE POLICY #______________________ EFFECTIVE DATE____/____/____ EXPIRATION DATE____/____/____ INSURANCE COMPANY:________________________________________ COVERAGE-Workers' Compensation, Statutory. Employers' Liability Limit $__________Each Accident $___________Disease Policy Limit $___________ Disease Employee Limit ($500,000 Policy limit applies to both accident and disease) GENERAL LIABILITY POLICY #______________________EFFECTIVE DATE____/____/____ EXPIRATION DATE____/____/____ INSURANCE COMPANY:________________________________________________ ( )Claims Made ( )Occurrence ( )Owner's & Contractors Protective ( ) Other LIMITS: General Aggregate Limit (Other Than Products-Completed Operations) $ ______________________ Products-Completed Operations Aggregate Limit $ ______________________ Personal & Advertising Injury Limit $ ______________________ Each Occurrence $ ______________________ 187184v1 32 COVERAGE PROVIDED Operations of Contractor: Yes____ No____ Government Immunity is Waived Yes____ No____ Operations of Sub-Contractor (Contingent): Yes____ No____ Property Damage Liability Includes Does Personal Injury Include Damage Due to Blasting Yes____ No____ Claims Related to Employment: Yes____ No____ Damage Due to Collapse Yes____ No____ Completed Operations/Products: Yes____ No____ Damage To Underground Facilities Yes____ No____ Contractual Liability (Broad Form): Yes____ No____ Broad Form Property Damage Yes____ No____ EXCEPTIONS: AUTOMOBILE LIABILITY POLICY #________________________ EFFECTIVE DATE: ___/___/___ EXPIRATION DATE: ___/___/___ INSURANCE COMPANY: _______________________________________ ( )Any Auto ( )All Owned Autos ( )Scheduled Autos ( )Hired Autos ( )Non-Owned Autos LIMITS: Bodily Injury $_________ Each Person / $________ Each Occurrence OR Combined Single Limit $__________ Property Damage $_____________ Each Occurrence UMBRELLA EXCESS LIABILITY POLICY #_____________________ EFFECTIVE DATE:____/____/____ EXPIRATION DATE:____/____/____ INSURANCE COMPANY_________________________________________ LIMITS: Single Limit Bodily Injury and Property Damage $_______________Each Occurrence $__________________Aggregate COVERAGE PROVIDED: Applies in excess of the coverages listed above for Employers' Liability, General Liability, and Automobile Liability: Yes_____ No_____ Are any deductibles applicable to bodily injury or property damage on any of the above coverages? Yes_____ No_____ If So, List Amount $________________ AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes_____No_____ Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days notice to the parties to whom this certificate is issued. Dated at: ________________________ On: _______________________ By: ____________________________ MN License #________ Authorized Insurance Representative 47055233v2 ASSIGNMENT OF DEVELOPMENT AGREEMENT THIS ASSIGNMENT OF DEVELOPMENT AGREEMENT (the “Assignment”) is made and entered into as of the 1st day of July, 2021, by and among AHSL PARTNERS LLC, a Minnesota limited liability company (the “Developer”); WEST BANK, an Iowa banking corporation (the “Lender”); and CITY OF ARDEN HILLS, a Minnesota municipal corporation (the “City”). RECITALS A. The Developer and the City are parties to that certain Amended and Restated Development Contract and Planned Unit Development Agreement dated April 26, 2021 (the “Contract”), providing for the improvement of the real property described therein (the “Project”). B. At the request of the Developer, the Lender has agreed to extend certain financial accommodations to the Developer for the Project pursuant to the terms of that certain Loan Agreement dated on or about the date of this Assignment (the “Loan Agreement”). In accordance with the Loan Agreement, the Developer executed and delivered to the Lender that certain Promissory Note of even date with the Loan Agreement, in the original principal amount of $23,975,000.00 (the “Note”). C. The obligations of the Developer under the Note and Loan Agreement are secured by a combination Mortgage, Security Agreement, and Assignment of Rents and Leases granted to Lender by Developer and encumbering the Project (the “Mortgage”), and a Security Agreement securing all personal property of the Developer (the “Security Agreement”), both dated of even date with the Loan Agreement. D. The Note, Loan Agreement, Mortgage, Security Agreement and related documents and agreements are collectively referred to in this Assignment as the “Loan Documents.” E. In order to further secure performance by the Developer of its obligations under the Loan Documents, the Developer has agreed to make a collateral assignment to Lender of all of the Developer’s right, title and interest in and to the Contract. F. In addition, the Lender and the City have made certain agreements concerning the provision of notices of default of the Contract or Loan Documents. Attachment C 47055233v2 2 AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows: 1. Collateral Assignment of Contract. As additional security for performance by the Developer of its obligations under the Loan Documents, the Developer does hereby bargain, sell, assign and set over unto the Lender, for so long as any indebtedness pursuant to the Loan Documents shall remain outstanding, all of the Developer’s right, title and interest in and to the Contract. This Assignment shall constitute a perfected, absolute and present assignment, provided that Lender shall have no right under this Assignment to enforce the provisions of said Contract until the occurrence of an Event of Default as defined in the Loan Agreement or under any of the Loan Documents. Upon the occurrence of an y such Event of Default, Lender may, without affecting any of its rights or remedies against Developer under any other instrument, document or agreement, exercise its rights under this Assignment as Developer’s attorney-in-fact in any manner permitted by law, and in addition, Lender shall have and possess, without limitation, any and all rights and remedies of a secured party under the Minnesota Uniform Commercial Code or otherwise provided by law. For purposes of exercising any available rights and remedies of a secured party, ten (10) days written notice shall constitute commercially reasonable notice where such is required by the Minnesota Uniform Commercial Code. The Developer’s assignment of its rights under the Contract is absolute and irrevocable. The Developer hereby indemnifies and holds the City harmless from and against any claims or liabilities arising or purporting to arise from the City’s performance of its obligations under this Assignment excluding claims, demands liabilities, losses, lawsuits, judgments, costs and expenses caused by the Lender’s breach, negligence or intentional and wrongful acts. 2. Consent to Assignment. The Developer and the City, by executing this Assignment, agree that the Lender does not assume any of the obligations of the Developer under or with respect to the Contract unless and until the Lender shall have given to the City written notice that it has affirmatively exercised its right to exercise the collateral assignment made by this Agreement and to assume performance under the Contract. The Lender shall have the right, but not the obligation, to cure any defaults of the Developer under the Contract. 3. No Assumption of Liability by Lender. The Developer and the City agree that the Lender does not assume any of the obligations or duties of the Developer under or with respect to the Contract unless and until the Lender shall have given to the City written notice that it has affirmatively exercised its right to exercise the collateral assignment effected by this Contract and to assume performance under the Contract. 4. Notices. The Lender agrees to provide notice to the City of any default under the Loan Documents which has resulted, or with the passage of time could result, in the acceleration of the Note or foreclosure of the Mortgage. The City agrees to provide notice to the Lender of any default under the Contract which could result in the termination of the Contract, or a loss of or 47055233v2 3 imposition of a lien upon any of the Project real property. The failure of either party to give the foregoing notice shall not nullify or otherwise affect the subject default by the Developer or said party’s rights and remedies on account of such Developer default. 5. Miscellaneous Provisions. The following miscellaneous provisions are a part of this Assignment: a. Accuracy of Recitals. The recitals set forth at the beginning of this Assignment are deemed incorporated herein, and the parties hereto represent they are true and correct. b. Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment. c. Amendments. This Assignment may not be amended or modified except in a writing executed by all parties hereto. d. Counterparts. It is understood and agreed that this Assignment may be executed in several counterparts, each of which shall, for all purposes, be deemed an original, and all of such counterparts, taken together, shall constitute one and the same Assignment, even though all of the parties hereto may not have executed the same counterpart of this Assignment. e. Choice of Law, Severability. This Assignment is made in the State of Minnesota and shall be construed in accordance with the laws thereof. If any provision hereof is in conflict with any statute or rule of law of the State of Minnesota and is otherwise unenforceable, such provisions shall be deemed null and void only to the extent of such conflict or unenforceability, and shall be deemed separate from and shall not invalidate any other provision of this Assignment. f. Time is of the Essence. Time is of the essence in the performance of this Assignment. g. Notices. All notices required to be given under this Assignment shall be given in writing and shall be effective when actually delivered or when deposited in the United States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the address shown below: City: City of Arden Hills c/o City Clerk 1245 Hwy 96 W. Arden Hills, MN 55112 Lender: West Bank 47055233v2 4 Attn. Aaron Meester 622 Roosevelt Road St. Cloud, MN 56301 Developer: AHSL Partners LLC Attn. Roger Fink 3601 – 18th Street South, Suite 103 St. Cloud, MN 56301 Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party’s address. h. Amendments. This Assignment constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. i. Successors and Assigns. This Assignment shall bind the Developer, the Lender and the City and the successors and assigns of each. [Signature page follows] 47055233v2 5 IN WITNESS WHEREOF, the parties have executed this Assignment of Development Agreement effective as of the day and year first above written. DEVELOPER: AHSL PARTNERS LLC, a Minnesota limited liability company By _________________________________ Jeffrey Drown Its President CITY: CITY OF ARDEN HILLS, a Minnesota municipal corporation By ________________________________ Its Mayor By ________________________________ Its City Clerk LENDER: WEST BANK, an Iowa banking corporation By_________________________________ Aaron Meester Its Vice President Page 1 of 1 CONSENT ITEM – 6E MEMORANDUM DATE: July 12, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Joe Vaughan, Recreation Programmer SUBJECT: Accepting Donation from the Arden Hills Foundation Budgeted Amount: Actual Amount: Funding Source: N/A $600.00 N/A Council Should Consider Motions to approve, table, or deny the following: • City Council should consider to approve Resolution 2021-037 Accepting a Donation from the Arden Hills Foundation in the amount of $600.00. All items need a simple majority for action unless otherwise noted. Background The Arden Hills Foundation has been established as a 501c3 organization. Pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, cities are authorized to accept gifts and bequests for the benefits of recreational services. Discussion The Arden Hills Foundation has donated $600.00 to the City of Arden Hills for a new park bench to be placed at Hazelnut Park. This donation was given to the Arden Hills Foundation from Kathy McCauley and her family. To comply with State Statutes, the City needs to acknowledge the donation and issue receipt of the donation to the Arden Hills Foundation. Budget Impact N/A Attachments Attachment A: Resolution 2021-037 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-037 A RESOLUTION ACCEPTING DONATION WHEREAS, Arden Hills (“City”) is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, The following entity has offered to contribute the cash amount set forth below to the city: Name of Donor Amount Arden Hills Foundation $600.00 WHEREAS, All such donations have been contributed to assist the City in the establishment and operation of recreational facilities and programs either alone or in cooperation with others, as allowed by law; and WHEREAS, The City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, THAT: 1. The donation described above is accepted and shall be used to establish recreational facilities either alone or in cooperation with others, as allowed by law. 2. The city clerk is hereby directed to issue receipts to each donor acknowledging the City’s receipt of the donor’s donation. 3. The finance department is hereby authorized to complete any budget adjustments necessary to reflect this donation and corresponding expenditures. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 12TH DAY OF JULY, 2021. _______________________________ David Grant, Mayor ATTEST: ______________________________________ Julie Hanson, City Clerk Page 1 of 2 CONSENT ITEM – 6F MEMORANDUM DATE: July 12, 2021 TO: Honorable Mayor and City Council Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Acquiring Sanitary Sewer Easement for Lot 1, Block 1, 2 Pine Tree North Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Grant of Permanent Easement for Sanitary Sewer Purposes – Lot 1, Block 1, Pine Tree North. All items need a simple majority for action unless otherwise noted. Background/Description At the January 28 and February 8, 2021 meetings, Arden Hills RE, LLC on behalf of New Perspective Senior Living received required approvals from the Council to construct a four (4) story, 146-unit senior housing building which will include independent living, assisted living, and memory care. Public Works staff reviewed the sewer alignment with the proposed new sanitary sewer design shown on Sheet C600 Utility Plan. There must be a dedicated 20-ft wide utility easement over centerline of the sanitary sewer alignment to the City. Due to the new alignment, Bethel University, Property Owner of Lot 1, Block 1, 2 Pine Tree North, has agreed to dedication of a new sanitary sewer easement in satisfaction of ordinance requirements. As part of the process, the Developer is also processing a request for vacation of the existing sanitary sewer easement. The Interim Public Works Director has reviewed the materials and is in support of easement as granted. Staff is requesting that Council authorizes the acquisition of the sanitary sewer easement over Lot 1, Block 1, 2 Pine Tree North. Page 2 of 2 Budget Impact: NA Attachments Attachment A: Location Map Attachment B: Sanitary Sewer Easement for Lot 1, Block 1, 2 Pine Tree North Attachment C: Interim Public Works Director Memo Disclaimer: This map is intended for reference purposes only and is not a legally recorded map or survey. The City of Arden Hills shall not be liable for any damages or claim s that arise due to accuracy,availability, use or misuse of the information herein pursuant to MNStatute 466.03 Subd 21. Location Map Highway 51Tiller Lane Coun ty Ro ad E We st Glenarden RoadPine Tree DriveHarriet AvenueSkiles Lane Benton Way Fo r e s t L a n e Arden Place NB Hwy 51 To CO RD ECannon AvenueGlenarden CourtConnelly Avenue Dellwood AvenueHighway 51Ben ton Way ± §¨¦35W §¨¦694 £¤10 Subject Parcel Park and Open Space Page 1 of 1 MEMORANDUM DATE: June 21, 2021 TO: Jessica Jagoe, Senior City Planner FROM: David Swearingen, Interim Public Works Director SUBJECT: New Perspectives Senior Living sanitary sewer easement vacation Public Works staff conducted a review of the documents for the proposed vacation of Easement for Sewer Purposes per Document No. A1536880 lying within Lot 1, Block 1, 2 Pine Tree North dated June 3, 2021. Public Works staff is in support of the vacation due to the new sewer alignment with the proposed new sanitary sewer design shown on Sheet C600 Utility Plan. There must be a dedicated 20-ft wide utility easement over centerline of new sanitary sewer alignment to the City. Page 1 of 2 CONSENT ITEM – 6G MEMORANDUM DATE: July 12, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Planning Consultant SUBJECT: Planning Case #20-022 – New Perspective Senior Living Development Agreement Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Development Agreement for New Perspective Senior Living based on the City Council approval of Planning Case 20-022 on January 25, 2021 and February 8. 2021. This items requires a simple majority. Background On January 25, 2021, the City Council approved a Zoning Code Amendment and a Conditional Use Permit for the New Perspective Senior Living project located at 2 Pine Tree Drive. On February 8, 2021, the City Council approved the Planned Unit Development and Site Plan for this project. The project consists of a 192,390 square foot, four (4) story multi-family senior living facility, featuring 146 units, with 113 units of independent or assisted living and thirty-three (33) units devoted to memory care. Since the approved plans, the Applicant has adjusted their unit count to include a total of 145 units, consisting of 114 independent or assisted living units, and 31 memory care units. This change does not have a significant impact to the project. The building footprint does not change, the number of units fall within the maximum density of 20 units per acre, and the parking requirements increase by 1 space. This space is covered in the shared parking agreement the Applicant has entered into with Bethel. Page 2 of 2 This project requires a Development Agreement between the City and the developer before the development permits can be issued. The City Attorney has prepared the Agreement and the document has been reviewed and approved by the Applicant and staff (Attachment A). The Agreement specifically references the approved number of units and unit make-up based on the Applicant’s latest plan. The Agreement also includes the Resolution approving the CUP and the Shared Parking Agreement as exhibits. Options and Motion Language Staff has provided the following motion language for this case. 1. Approval: Motion to approve the Development Agreement with Arden Hills RE for New Perspective Senior Living based on the City Council approval of Planning Case 20-022 on January 25, 2021 and February 8, 2021. 2. Denial: Motion to deny the Development Agreement with Arden Hills RE for New Perspective Senior Living based on the City Council approval of Planning Case 20-022 on January 25, 2021 and February 8, 2021: 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 Development Agreement with Arden Hills RE for New Perspective Senior Living based on the City Council approval of Planning Case 20-022 on January 25, 2021 and February 8, 2021. Budget Impact NA Attachments A. Development Agreement 2021-07-12 Final Version 1 (reserved for recording information) DEVELOPMENT CONTRACT and PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) NEW PERSPECTIVE SENIOR LIVING (PC20-022) THIS DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (“Agreement”) is dated July 12, 2021, by and between the CITY OF ARDEN HILLS, a Minnesota municipal corporation (“City”), and ARDEN HILLS RE, LLC, a Minnesota limited liability company, (the “Developer”). 1. REQUEST FOR APPROVAL. The Developer has asked the City to approve a plat and Planned Unit Development for New Perspective Senior Living (referred to in this Agreement as the “plat” or “Development”.) The land is situated in the County of Ramsey, State of Minnesota, and is legally described as set forth on Exhibit A hereto (“Subject Property”). The Developer proposes to construct a 192,800 square foot, 4-story multi-family senior living facility on the Subject Property. The facility will feature 145 units, with 114 units devoted to 2021-07-12 Final Version 2 independent, assisted living and 31 units devoted to memory care. The property is zoned B-2, General Business District and is guided as Community Mixed Use. 2. CONDITIONS OF APPROVAL. A. The City hereby approves the Development on condition that the Developer enter into this Agreement; obtain a Conditional Use Permit (the issuance of which was approved by the City Council at their January 25 and February 8, 2021 meetings by Resolution #2021-008 attached as Exhibit B for the multiple family dwelling as required by City Code Section 1355.04, Subd. 3, of the Arden Hills Zoning Code; furnish the Security (as defined in Section 29 of this Agreement); furnish the cash requirements (as defined in Section 30 of this Agreement); and record the plat and this Agreement, together with any appropriate consents prior to the City’s issuance of a building permit for, or development of, the Subject Property, with the Ramsey County Recorder and Ramsey County Registrar of Titles within sixty (60) days after Developer acquires the Subject Property. B. The City hereby approves the Development on condition that the Developer Implement the recommendations listed in Resolution No. 2021-008 Approving a Conditional Use Permit dated January 25, 2021, attached hereto. C. The City hereby grants approval to the Development (identified as Plans A through K in paragraph 7 of this Agreement); as adopted on January 25, 2021 and February 8, 2021 by Resolution #2021-008, and compliance with the terms and conditions of this Agreement and all other City requirements which are in effect. The specific conditions, requirements, and terms of approval are as set forth in City Resolution #2021-008, adopted by the Arden Hills City Council on the 25th day of January, 2021 and 8th day of February 2021. 2021-07-12 Final Version 3 3. RIGHT TO PROCEED. Within the plat or Subject Property, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, 2) the Security has been received by the City, and 3) the plat, if any, and this Agreement have been recorded with the Ramsey County Recorder's and /Registrar’s Office within sixty (60) days of City Council approval, and 4) the City’s Administrator has issued a letter that the Developer may proceed. If the plat or this Agreement are not recorded within sixty (60) days of City Council approval, the approval shall be considered void. 4. PHASED DEVELOPMENT. Intentionally deleted. 5. PRELIMINARY PLAT STATUS. Intentionally deleted. 6. CHANGES IN OFFICIAL CONTROLS. For the period beginning on the date of this Agreement and continuing for two (2) years after the date that Developer is issued a building permit for the Development, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat or approved development unless required by state or federal law or agreed to in writing by the City and the Developer. The parties acknowledge that so long as Developer commences construction of the Development within two (2) years after issuance of a building permit for the Development, the Development shall be governed by the City’s Comprehensive Plan and all official controls affecting the Development as of the date of this Agreement. 7. DEVELOPMENT PLANS. The plat or Subject Property shall be developed in accordance with the following plans (“Plans”) and the plans submitted for the conditional use 2021-07-12 Final Version 4 permit as reviewed and approved by the City on January 25, 2021. The Plans shall not be attached to this Agreement. The Plans may be prepared, subject to City approval, after entering the Agreement, but before commencement of any work in the plat or on the Subject Property. The erosion control plan may also be approved by the Ramsey County Soil and Water Conservation District. If the Plans vary from the written terms of this Agreement, the approved plans shall control. The Plans are: Plan A – Demolition Plan (C200), dated 12/23/2020 Plan B – Site Plan (C400), dated 12/23/2020 Plan C – Grading Plan (C500), dated 12/23/2020 Plan D – Erosion and Sediment Control Plans (C300 and C30), dated 12/23/2020 Plan E – Utility Plans (C600), dated 12/23/2020 Plan F – Storm Sewer, Sanitary Sewer Plans and Specifications for Public and Private Improvements (C501), dated 12/23/2020 Plan G - Landscape Plan (L100), dated 12/23/2020 Plan H – Tree Inventory and Preservation Plan (C200), dated 12/23/2020 Plan I – Photometric Plan (L107), dated 12/23/2020 Plan J – Lighting Plans (L108 and L109), dated 12/23/2020 Plan K – Building Elevation Plans (Sheets A6 and A7), dated 12/14/2020 8. IMPROVEMENTS. The Developer shall install and pay for the following if and as required to be built within the project as private improvements in accordance with the approved Plans: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Parking Lots 2021-07-12 Final Version 5 E. Streets, Alleys and Driveways F. Concrete Curb and Gutter G. Street lights H. Site Grading, Ponding, and Erosion Control I. Landscaping J. Underground Utilities K. Setting of Iron Monuments, including Monuments described in the Wetland Overlay District L. Surveying and Staking M. Sidewalks and Trails N. Traffic Control Signs The improvements shall be installed in accordance with the City Code. The Developer will not use power equipment between the hours of 7 o’clock p.m. and 7 o’clock a.m, per existing city ordinance. The Developer shall submit plans and specifications for permits which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer which approval shall be provided on the condition that such submittals comply with the Plans and this Agreement. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City's discretion, at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work as the City may reasonably determine is necessary if the City reasonably believes that the Developer has failed to comply with the approved Plans. If as a result of such inspection, the City reasonably determines that the Developer has failed to comply with the approved Plans, the City shall instruct the Developer as to the nature of the non- compliance and the necessary steps to achieve compliance, and the Developer, its contractors and subcontractors, shall follow all such instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is 2021-07-12 Final Version 6 responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Developer will install sidewalks just prior to the installation of the final lift of asphalt. 9. OWNERSHIP OF IMPROVEMENTS. Developer shall notify the City upon completion of all curb, gutter, streets, roadways, sidewalks, lighting, signage, lawn, landscaping, and utility infrastructure (collectively, the “Public Improvements”) lying within public easements, and the City shall inspect the completed Public Improvements and notify Developer if any of the Public Improvements do not conform to the requirements of this Agreement. Upon compliance with this Agreement with respect to the Public Improvements, the City shall give formal notice of acceptance to Developer and upon such notice, the Public Improvements shall become City property without further notice or action, and thereafter Developer shall have no responsibility with respect to the maintenance, repair, or replacement of the Public Improvements, except during any warranty periods. The Developer shall, at its expense, prepare any streets included within the Public Improvements for snowplowing and other maintenance prior to formal acceptance by the City of such streets. This preparation shall include, without limitations, ramping any manholes as necessary to avoid damage to snowplows or other vehicles used in street maintenance. Should damage occur to City snowplows or other vehicles during the course of snowplowing or other maintenance procedures prior to formal acceptance of the street by the City, the Developer shall pay all such damages and shall indemnify and hold the City harmless for all such damage, cost, or expense incurred by the City with regard thereto. 2021-07-12 Final Version 7 10. WARRANTY. The Developer warrants all Public Improvements required to be constructed by it pursuant to this Agreement for a period of twenty-four (24) months from the date of acceptance by the City against poor material and faulty workmanship. All trees and shrubs shall be warranted to be alive, of good quality, and disease free when planted. 11. IRON MONUMENTS. In accordance with Minnesota Statutes 505.021 and Arden Hills City Code Section 1140.01 the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 12. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain, prior to any site activities, all necessary permits, including but not limited to the following to the extent required: • Ramsey County for County Road Access and Work in County Rights-of- Way • MnDot for State Highway Access • Minnesota Department of Health for Watermains • MPCA for Storm Water Issues, Sanitary Sewer and Hazardous Material Removal and Disposal • DNR for Dewatering • Rice Creek Watershed District • City of Arden Hills for Building Permits • City of Arden Hills Grading and Erosion Control Permit • City of Arden Hills Sewer Connect Permit 13. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 2021-07-12 Final Version 8 14. TIME OF PERFORMANCE. Intentionally deleted. 15. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City and permitted under this Agreement in conjunction with the Development. 16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if reasonably required. All areas disturbed by the excavation and backfilling operations shall be reseeded within five (5) days after the completion of the work, weather permitting, or in an area that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be maintained as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the Letter of Credit posted as the Security to pay any costs. No development, street or utility construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 2021-07-12 Final Version 9 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading development and erosion control plan. The plan shall conform to City of Arden Hills specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches for public drainage have been constructed on public easements or land owned by the City. Notwithstanding the foregoing, the City may issue building permits to the Developer, prior to completion of all grading, provided the City Engineer has determined that adequate erosion control measures are in place. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City. 18. CLEAN UP. The Developer shall take commercially reasonable measures to clean dirt and debris from public streets that has resulted from construction work by the Developer, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 19. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for 2021-07-12 Final Version 10 final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be at standard hourly rates. Developer will provide a $5,000.00 escrow, which is separate and in addition to any other escrow funds for this developer/development. The Developer shall pay for construction observation performed by the City's consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and will be billed on standard hourly rates. 20. CLAIMS. In the event that the City receives claims from labor, material, or others that work required by this Agreement has been performed, the sums due them have not been paid, and the laborers, material, or others are seeking payment from the City, the City shall notify the Developer of same and the Developer shall have ten (10) days thereafter to pay or bond over such claim, failing which the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. 21. SANITARY SEWER CHARGE. The Development is subject to a charge for Sanitary Sewer in the estimated amount of $299,966.00 payable to the city prior issuance of a building permit. The estimated sanitary sewer charges are identified below. The sewer availability fee is determined based on the Metropolitan Council’s formula for calculating new sewer availability charge (SAC) units. The Developer shall apply to the Metropolitan Council for a SAC 2021-07-12 Final Version 11 determination for the project. The Parties acknowledge that the following costs are estimates prepared prior to receiving a SAC unit determination from the Metropolitan Council, and final charges will be adjusted in accordance with the adopted fee schedule for the City of Arden Hills and number of SAC units. Sewer Connection Fee: $840.00/acre x 6.4 acres = $5,376.00 (City) Sewer Availability Fee: $825.00/unit x 89 units = $73,425.00 (City) Metro Sewer Availability Charge: $2,485/unit x 89 units = $221,165.00 (MCES) 22. WATER CHARGE. The Development is subject to a charge for Water supply in the estimated amount of $127,751.00 payable to the city prior to issuance of a building permit. The estimated water charges are identified below. The water availability fee is determined based on the Metropolitan Council’s formula for calculating new sewer availability charge (SAC) units. The Developer shall apply to the Metropolitan Council for a SAC determination for the project. The Parties acknowledge that the following costs are estimates prepared prior to receiving a SAC unit determination from the Metropolitan Council, and final charges will be adjusted in accordance with the adopted fee schedule for the City of Arden Hills and number of SAC units. Water Connection Fee: $840.00/acre x 6.4 acres = $5,376.00 Water Availability Fee: $1,375.00/unit x 89 units = $122,375.00 23. STORM SEWER CHARGE. The Development is subject to charges for Stormwater review and approval by the Rice Creek Watershed District. 24. TRAFFIC CONTROL SIGNS, STREET LIGHT AND STREET MAINTENANCE COSTS. The Developer shall pay to the City at the time of the execution of this Agreement: $0.00. 2021-07-12 Final Version 12 25. PARK DEDICATION. The Developer shall submit a cash contribution in lieu of land dedication. The cash payment shall be determined based on the fair market of 20% of the land that would otherwise be dedicated to the City. The park dedication fee of $212,020 shall be submitted prior to the issuance of a building permit. The cost to construct the public trail system on this site may be deducted from the cash fee. The Developer is responsible for submitting a bid or engineer’s estimate for the cost of the trail, which must be approved by the City Engineer. 26. LANDSCAPING. Prior to the issuance of a building permit, a landscape financial security in the amount of $50,000.00 shall be submitted by Developer. The Landscape financial security shall be held for two full growing seasons. For any landscaping or screening that is not accordance with the approved plans at the end of two growing seasons, Developer will replace the material to the City’s satisfaction before the guaranty is released. If Developer fails to replace any landscaping as required by the previous sentence, the City may, at its sole discretion, use the proceeds of the performance guaranty to accomplish performance. See requirements in Report of Community Development Manager/City Planner dated January 25, 2021 and February 8, 2021. 27. TREE PRESERVATION. The Developer shall work with the City to locate the additional caliper inches of replacement trees on the site or on the adjacent properties. If the replacement trees cannot be reasonably accommodated on the site, the applicant shall provide a fee in lieu of plantings in the amount of $50,000. See requirements in Reports of Community Development Manager/City Planner dated January 25, 2021 and February 8, 2021. 28. SPECIAL PROVISIONS. The following special provisions shall apply to the Development: 2021-07-12 Final Version 13 A. Implementation of the recommendations listed in Resolution #2021-008, of January 25, 2021 and February 8, 2021. B. Implementation of the recommendations listed in the Engineering Division memorandum dated December 21, 2020. C. Implementation of the recommendations listed in the Community Development Manager/City Planner Memorandums dated January 25, 2021 and February 8, 2021. D. The Developer shall post a $2500.00 security for the final placement of interior subdivision iron monuments at property corners and the placement of all monuments. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. E. The Developer shall pay the cost for the preparation of record construction drawings and City base map upgrading by the City Engineer as part of the Administrative / Engineering Fee. F. The Developer is required to submit the final plat in electronic format. The electronic format shall be Auto CAD file. G. Prior to the issuance of a sign permit, the Developer is required to obtain written approval, to be provided to the City, from Bethel University, the owner of Outlot A, for (i) permitting the placement of landscaping on its property; and (ii) permitting the construction of the monument sign on its property. H. Prior to the issuance of a sign permit, the Developer is required to obtain written approval, to be provided to the City, from Lake Johanna Fire Department, owner of Lot 2, Block 1, permitting the placement of landscaping on its property. 2021-07-12 Final Version 14 I. The Developer must obtain a sign permit from the City prior to installation of any signs for the Development. J. Prior to the issuance of a land disturbance permit, the Developer 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. K. Developer agrees that the Developer is responsible to construct, maintain, plow and upkeep the trail(s) shown on the City approved site plan. L. Developer shall provide for the City Attorney to review and the City Council to approve a Cross Parking Agreement with Bethel University, prior to executing this Agreement. 29. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Agreement, payment of the costs of all improvements, and construction of all public and private improvements, the Developer shall, within sixty (60) days after execution of this Agreement by City and Developer, furnish the City with a letter of credit issued by BMO Harris Bank NA, in the form attached hereto, from a bank (“Security”) for $258,072.00. The amount of the Security includes all of the security requirements set forth in the preceding sections of this Agreement, and was calculated as follows: CONSTRUCTION COSTS: Erosion Control/Grading Certification $ 20,580.00 Sidewalk $ 15,000.00 Trail $ 118,378.00 CONSTRUCTION SUB-TOTAL $ 153,958.00 OTHER COSTS: Landscape $ 50,000.00 Lot Corners/Iron Monuments $ 2,500.00 2021-07-12 Final Version 15 OTHER COSTS SUB-TOTAL $ 52,500.00 TOTAL SECURITIES: $ 206,458.00 GRAND TOTAL SECURITIES (125%) $ 258.072.00 This breakdown is for historical reference; it is not a restriction on the use of the Security. The letter of credit issued as the Security shall be subject to the approval of the City Administrator. The security shall be issued for a term ending November 30, 2022. Individual security instruments may be for shorter terms provided they are replaced at least thirty (30) days prior to their expiration. The City may draw down the Security, upon five (5) business days prior written notice to Developer, for any violation of the terms of this Agreement the performance of which is expressly guaranteed by the Security. Amounts drawn shall not exceed the amounts necessary to cure to the default. If the Security is drawn down, the proceeds shall be used to cure the default. Tenant shall, from time to time, provide the City with evidence (which evidence may take the form of an architect’s or engineer’s certification accompanied by partial lien waivers for the work in question, or such other evidence as is reasonably acceptable to the City) that certain portions of the work secured by the Security have been completed and paid for as required by this Agreement, and upon receipt of such proof, the Security shall be reduced by an amount equal to ninety percent (90%) of the cost of such work. Ten percent (10%) of the amounts certified by the Developer's engineer or architect shall be retained as security until all improvements have been completed and all financial obligations to the City under this Agreement have been satisfied, at which time all remaining Security shall be released. 30. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Agreement which must be furnished to the City at the time of final plat approval and execution of this Agreement by the City: 2021-07-12 Final Version 16 Engineering, City Administration $ 5,000.00 Legal Expenses $ 1,500.00 Sanitary Sewer Charge $ 299,966.00 Water Charge $ 127,751.00 Park Dedication and Improvements $ 93,642.00 Tree Preservation $ 50,000.00 TOTAL CASH REQUIREMENT $ 577,859.00 The City is implementing a pass through billing process. The $6,500.00 escrow will be held and all bills will be forwarded for immediate payment. If payments are not made in a timely fashion, the project will stop until payments are made. If said fees are less than estimated, the City shall reimburse the Developer within thirty (30) days of receipt of final invoices. 31. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. C. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. 2021-07-12 Final Version 17 D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. E. In addition to the charges herein and special assessments referred to herein, other charges as required by City ordinance may be imposed such as, but not limited to, sewer access charges ("SAC"), water access charges, and building permit fees. 32. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than ten (10) days in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land if such permission is otherwise granted to City by this Agreement. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 33. MISCELLANEOUS. A. The Developer represents to the City that the Development complies with all applicable city, county, state, and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply; provided, however, that the City shall be deemed to have determined that the Development as approved complies with any City-administered ordinance, law, or regulation for which the City has previously granted approval, including but not limited to zoning ordinances, subdivision ordinances, and building 2021-07-12 Final Version 18 codes. Subject to the previous sentence, upon the City’s demand and a showing that the Development is not in compliance with applicable law, the Developer shall cease work until there is compliance. B. This Agreement shall run with the land and may be recorded against the title to the Subject Property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Subject Property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Any transfer of an ownership interest in the Subject Property is an assignment of the rights and obligations herein to the subsequent owner, and upon such transfer the originally-named Developer shall be released from all obligations hereunder. C. Third parties shall have no recourse against the City or Developer under this Agreement. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. The action or inaction of either party shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. Either party’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 2021-07-12 Final Version 19 F. Developer will hold the City and its officers, agents, and employees harmless from claims made by third parties, including but not limited to other property owners, tenants, contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or injuries resulting from approval of the Development and the development of the Subject Property unless such claims are caused by the City’s negligent, reckless or willful misconduct. The Developer will indemnify the City and its officers, agents, and employees for all costs, damages, or expenses, including reasonable engineering and attorney's fees, which the City may pay or incur in consequence of such claims, except if caused by City negligence, recklessness or willful misconduct. G. In addition to all legal or equitable remedies, breach of any material term of this Agreement by the Developer which continues beyond any applicable cure period shall be grounds for denial of building permits, including lots sold to third parties, and Certificates of Occupancy. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, commercial general liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its 2021-07-12 Final Version 20 contractors or by one directly or indirectly employed by any of them. The insurance may be provided by a single policy or multiple policies including excess of or umbrella policies and shall have limits for bodily injury and death not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for property damage shall be not less than $1,000,000 for each occurrence; or a combination single limit policy of $2,000,000 or more. The City shall be named as an additional insured on the policies, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat or issuing any permits. The certificate shall provide that the City must be given advance written notice of the cancellation of the insurance. J. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting from delays in completion of public improvements and/or damage to public improvements, except to the extent caused by the City’s negligence, recklessness, or willful misconduct. No sewer and water connection permits may be issued and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in writing. K. Each right, power or remedy herein conferred upon each party is cumulative, and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to such party, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by such party and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 2021-07-12 Final Version 21 L. The Developer will pay in full all invoices submitted to it by the City for amounts payable under this Agreement within sixty (60) days after receipt which reasonably evidence those costs incurred in the drafting, enforcement and supervision of this Agreement, including reasonable engineering, planning, and attorney's fees. If the invoices are not paid on time, the City may halt all development work until the invoices are paid in full. Invoices not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest charge. M Developer shall be responsible for all snow removal from sidewalks on vacant lots to the extent that City Ordinance requires snow removal from sidewalks on constructed homes. Developer shall be responsible for ensuring that all vacant lots comply with the City’s Code regarding nuisances. N Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls the development plans, or special conditions referred to in this Agreement required to be constructed shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. 34. SUCCESSORS AND ASSIGNS. The Developer may not assign this Agreement without the written permission of the City Council until such time as the Development is completed as required hereunder. Upon completion of the Development and satisfaction of all of Developer’s obligations hereunder, the City shall, upon request from the Developer, record a termination of this Agreement, following which this Agreement shall be null and void and the 2021-07-12 Final Version 22 parties shall have no further obligation to one another hereunder. This Agreement shall be binding upon and inure to the benefit of the parties and their respected successors and assigns. Should the Developer convey any lot or lots in the Plat to a third party, the city and the owner of that lot or those lots may amend the Development or this Agreement, with City approval, or use of those lots without the approval or consent of the other lot owners within the Plat. Private agreements between the owners of lots within the Plat for shared service or access and related matters necessary for the efficient use of the Property shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner. 35. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Arden Hills RE, LLC, Attn: James R. Kleinfeldt, Manager, 1110 N. Old World Third Street, Suite 610, Milwaukee, WI 53203. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112. [Signatures on the following pages.] 2021-07-12 Final Version 23 Signature page to Development Contract and PUD Agreement New Perspective Senior Living CITY OF ARDEN HILLS By: _____________________________________ David Grant, Mayor (SEAL) By: _____________________________________ David Perrault Its City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ________ day of __________________, 2021, by David Grant and by David Perrault , respectively the Mayor and City Administrator of the City of Arden Hills, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ Notary Public 2021-07-12 Final Version 24 Signature page to Development Contract and PUD Agreement New Perspective Senior Living DEVELOPER: ARDEN HILLS RE, LLC By:_______________________________________ _____________________________[print name] Its ___________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _________ day of ___________________, 2021, by _______________________________ the ___________________________ of Arden Hills RE, LLC, a Minnesota limited liability company, on behalf of the entity. ______________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 2021-07-12 Final Version 25 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT _______________________________________, a _____________________________, fee owner(s) of all or part of the Subject Property, the development of which is governed by the foregoing Development Contract, affirm(s) and consent(s) to the provisions thereof and agree(s) to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this _____ day of _________________, 2021. ________________________________________ By: _____________________________________ Its _____________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2021, by ___________________________, the ______________________ of _________________________________, a ____________________________, on behalf of the _____________________________. ________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 2021-07-12 Final Version 26 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, which mortgage is dated ___________ and recorded _____________ with the Ramsey County Recorder/Registrar as document number __________, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2021. ______________________________________ ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2021, by ______________________________, the ________________________ of _____________________________, a _______________________, on behalf of the entity. ________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 2021-07-12 Final Version 27 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description Lot 1, Block 1, 2 Pine Tree North 2021-07-12 Final Version 1 EXHIBIT “B” TO DEVELOPMENT CONTRACT Resolution Number 2021-008 It EN HILLS CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA RESOLUTION NUMBER 2021-008 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ARDEN HILLS RE,LLC WHEREAS,Arden Hills RE, LLC Incorporated, a Minnesota corporation(Applicant), has filed an application for a conditional use permit for a multiple family dwelling; and WHEREAS,the Planning Commission has conducted a public hearing on the application preceded by published and mailed notice; and WHEREAS,the Planning Commission has forwarded its recommendation to the City Council; and WHEREAS,the City Council finds that the application complies with all applicable ordinance standards. NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS,MINNESOTA: 1. The City Council approves the conditional use permit for Arden Hills RE, LLC in accordance with the application on file with the city and subject to the following conditions: 1. All conditions of the Master PUD and Preliminary Plat approval 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 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. The City Council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. 4. A violation of any condition set forth in the permit shall be a violation of this Code, and shall be cause for revocation of the permit. 5. A Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The Development Agreement shall be fully executed prior to release of a building permit. To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. 203065v1 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. Prior to the issuance of a grading permit, all items identified in the December 21, 2020 Engineering Division memo shall be addressed. All comments shall be adopted herein by reference. 8. Prior to the issuance of a building permit, a landscape financial security of$50,000.00 dollars shall be submitted. Landscape financial security is held for two full growing seasons. 9. For any landscaping or screening that is not in accordance with the approved landscaping plan at the end of two growing seasons, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion,may use the proceeds of the performance guarantee to accomplish performance. 10. The Applicant shall submit cash contribution in lieu of land dedication. The cash payment shall be determined based on the fair market of 20 percent of the land that would otherwise be dedicated to the City. The park dedication fee shall be submitted prior to the issuance of a building permit. 11. Prior to the issuance of a grading and erosion permit,planning staff shall approve in writing the final landscaping plan. 12. Prior to the issuance of a grading and erosion control permit the Applicant shall work with the City to locate the additional caliper inches of replacement trees on the site or on the adjacent properties. If the replacement trees cannot be reasonably accommodated on the site, the applicant shall provide a fee in lieu of plantings in the amount of$50,000. 13. 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. 14. A grading as-built and utility as-built plan shall be provided to the City upon completion of grading and utility work. 15. Prior to issuance of a sign grading and erosion control permit, the applicant shall provide City staff with written approval from Bethel University, the owner of Outlot A, permitting the placement of landscaping on their property. 16. Prior to issuance of a sign permit, the applicant shall provide City staff with written approval from Bethel University, the owner of Outlot A, permitting the construction of the proposed monument sign on their property and offsite signs are not permitted. 17. Prior to issuance of a sign permit, the applicant shall provide City staff with written approval from Lake Johanna Fire Department, the owner of Lot 2, Block 1, on permitting the placement of landscaping on their property. 18. No exterior storage shall be permitted. To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. 2030650 19. 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. 20. 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. 21. A Grading and Erosion permit shall be obtained from the City's Engineering Department 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 limited to, MPCA, Rice Creek Watershed District, Ramsey County and MNDOT prior to the start of any site activities. 22. A grading as-built and utility as-built plan shall be provided to the City upon completion of grading and utility work. 23. 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. 24. The Applicant shall provide an executed copy of the City's standard stormwater maintenance and easement agreement prior to approval of the Development Agreement. 25. The bond or surety shall be provided prior to the issuance of any building or grading permits and shall be valid for two full years from the date of installation, or three years in the case of an extended timeline. The total surety shall be addressed in the Development Agreement. 26. All disturbed boulevards shall be restored with sod. 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. 27. The maximum number of units permitted onsite is 146 units. 28. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be memorialized in the Development Agreement. 29. 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. 30. 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. 31. 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. To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. 203065v1 32. The Applicant shall provide a cross parking agreement with Bethel University for the City Attorney to review and for the City Council's approval prior to the approval of the Developer Agreement. 33. In the event where noise from the loading and delivery area is audible from an adjacent residential district, the activity shall terminate between the hours of 6:00 p.m. and 6:00 a.m. 34. The applicant shall construct the trail as shown on the site plan, shall allow unrestricted public use and shall plow,maintain and upkeep the trail. 2. The City Planner is directed to record the conditional use permit with the County Recorder/Registrar's office. PASSED and ADOPTED this 25d'day of January, 2021,by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS 4;/-'Z - By David Grant, Mayor ATTEST: C GVh' Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. 203065v1 APPLICANT CONSENT TO CONDITIONAL USE PERMIT The undersigned applicant agrees to the conditions set forth in the permit on behalf of Arden Hills RE, LLC pursuant to authorization and approval of its governing board and officials. The undersigned affirms that they have full authority to execute this consent on behalf of the applicant and acknowledge that if for any reason applicant is not bound by the signatures of the undersigned the conditional use permit shall not be valid. Dated 2021. Arden Hills RE,LLC BY: STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2021,by on behalf of Arden Hills RE, LLC and pursuant to authority granted by its governing board and officers. NOTARY PUBLIC To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. 203065v1 2021-07-12 Final Version 1 EXHIBIT “C” TO DEVELOPMENT CONTRACT Parking License Agreement 1 THIS DOCUMENT WAS DRAFTED BY AND WHEN RECORDED RETURN TO: MICHAEL BEST & FRIEDRICH LLP Attn: Paul R. Jonas 790 N. Water Street, Suite 2500 Milwaukee, Wisconsin 53202 _____________________________________________________________________________________ PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT (this “Agreement”) is dated as of ____________, 2021 (the “Effective Date”), between BETHEL UNIVERSITY, a Minnesota nonprofit corporation (“Licensor”), and ARDEN HILLS RE, LLC, a Minnesota limited liability company (“Licensee”). RECITALS A. Licensor is the owner of certain real property located at 2 Pine Tree Drive, Arden Hills, Minnesota (the “Property”), which Property is described in Exhibit A attached hereto, where Licensor maintains a parking lot for its use. B. Licensee intends to build a senior residence building on real property it is purchasing from BETHEL UNIVERSITY (the “Senior Living Property”), which Senior Living Property is described in Exhibit B attached hereto, and which Senior Living Property lies adjacent to the Property. C. Licensor wishes to grant to Licensee an exclusive license to use a specific portion of the Property, comprised of twenty-five parking stalls and associated driveways providing access to and from such stalls as depicted on Exhibit C attached hereto (the “License Area”) for vehicular parking purposes, on the terms and conditions set forth in this Agreement. NOW, THEREFORE, Licensor and Licensee agree as follows: 1. License. Licensor hereby grants to Licensee and Licensee’s tenants, employees, guests, contractors, and invitees (collectively, the “Licensee Parties”) an exclusive license to enter on and cross over the License Area, and to use the License Area for the purpose of parking up to twenty-five (25) passenger cars in the marked spaces situated therein (the “License”). The Licensee Parties shall have the right, subject to the terms of this Agreement, to access the License Area and to park vehicles in the License Area 24 hours per day, 7 days per week. 2. Use. Use of the License Area by the Licensee Parties shall be subject to such rules and regulations as may be promulgated by Licensor from time to time. Licensee shall use the License Area only to access the parking stalls situated therein and for the parking of standard passenger vehicles, and for no other purposes. Licensee’s use of the parking lot shall at all times conform to all applicable laws, ordinances, regulations and codes. July 6th 2 3. Term. The License created hereby shall be of indefinite duration but it may be terminated by the Licensor upon ninety (90) days written notice to Licensee in the event that Licensor sells the License Area to a third party unaffiliated with Licensor. 4. License Fee. As consideration for this Agreement and the License granted hereby, Licensee shall by a fee to Licensor of two hundred fifty dollars ($250.00) per month (the “License Fee”), payable quarterly in advance for so long as this Agreement is in effect. The Licensee Fee may be adjusted by the Licensor in its sole discretion from time-to-time upon ninety (90) days written notice to Licensee, but no more than one (1) time per calendar year, by an amount not to exceed $10 per adjustment. 5. Rights Reserved By Licensor. Licensor reserves all rights with respect to the License Area not specifically and exclusively granted to Licensee under this Agreement, including, without limitation, the right to: (a) Tow away, or otherwise impound, at the vehicle owner’s sole cost and expense, any vehicle (i) improperly parked on the License Area or parked outside of the License Area on the Property; (ii) parked in a "no parking" zone; or (iii) parked in violation of any state or local law; (b) From time to time, upon not less than three (3) days’ written notice to Licensee (or without notice in case of emergency), temporarily close all or any part of the Property (and deny Licensee’s access to the License Area) as reasonably necessary in connection with any repairs made by Licensor to the Property, without liability or cost to Licensor; and (c) From time to time, upon not less than three (3) days’ prior written notice to Licensee, temporarily deny Licensee the use of all or a portion of the Licensed Area of the parking lot when same are needed to accommodate Licensor’s own use for special events held at the Property or other real property owned by Licensor. 6. Modification. If Licensor wishes to materially modify or alter the Property in connection with a sale, expansion, redesign or development of the Property, Licensor shall consult with Licensee concerning Licensor’s plans for such modification or alteration and Licensee may provide reasonable feedback on Licensor’s plans; provided, however, Licensee’s consent to such plans shall be required. 7. Insurance. Licensee agrees to maintain general commercial liability insurance covering claims for personal injury, death and property damage occurring on or about the License Area of the parking lot with policy limits of not less than One Million Dollars ($1,000,000). Upon request from Licensor, Licensee shall provide Licensor with a certificate or other reasonable evidence of such liability insurance. 8. Indemnification. Licensee agrees to indemnify and hold harmless Licensor from any and all claims, liabilities, causes of action or costs (including attorneys’ fees and costs of suit), however caused, to the extent they arise out of or are alleged by Licensor or third parties to arise out of Licensee’s use of the License Area or the parking lot. 9. Release. Licensee hereby waives and releases any and all claims against Licensor for the interruption or interference in the use of the License Area, or for any damage to any vehicles or other property located on or about the License Area or the Property from any cause whatsoever, except to the extent caused by Licensor’s negligence or willful misconduct. 10. Transfer. Except for a transfer of this License to a person or entity that acquires the Senior Living Property intending to continue the use thereof as a senior residence building, which transfer shall be 3 allowed upon written notice to Licensor but without Licensor’s consent, Licensee shall not assign or transfer this Agreement, or the License created hereby, in whole or in part or permit any other party to use the Licensed Area under any arrangement, without the prior written consent of Licensor. 11. Default. Licensor may terminate this Agreement upon notice to Licensee if: (a) Licensee breaches Sections 1, 2, or 4 of this Agreement three (3) times (each time requiring notice from Licensor regarding such breach); (b) Licensee brings a claim against Licensor in violation of Section 9 of this Agreement; or (c) Licensee fails to perform any of its obligations set forth herein or breaches this Agreement and such failure or breach is not cured within thirty (30) days following written notice to Licensee thereof. If Licensee fails to cure the breach in Sections 1, 2, or 4 of this Agreement within 10 days, the continued breach will count as an additional breach. The failure to cure for an additional 10 days beyond the first 10 day period will also count as an additional breach. 12. Notices. All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been properly given if sent by certified mail, postage prepaid, or sent by overnight express courier, or delivered by hand, in each case addressed to Licensor or Licensee at its addresses set forth below: If to Licensor: BETHEL UNIVERSITY Attn: Mark Posner 3900 Bethel Drive Arden Hills, MN 55112 If to Licensee: ARDEN HILLS RE, LLC Attn: James R. Kleinfeldt Manager 1110 N. Old World Third St. Suite 610 Milwaukee, WI 53203 13. Severability. Every covenant and agreement contained in this Agreement is separate and independent, and the breach of any thereof by the breaching party shall not discharge or relieve the breaching party from any obligation hereunder. If any term or provision of this Agreement or the application thereof to any person or circumstances shall at any time be invalid and unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances or at any time other than those to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. 14. Choice of Law; Venue. This Agreement shall be governed by the procedural and substantive laws of the State of Minnesota without giving effect to any choice of law principles which might provide for application of a different jurisdiction’s law. Any claim or action brought b y one of the parties 4 hereto in connection with this Agreement shall be brought in Minnesota District Court located in Ramsey County, Minnesota, and Licensee expressly agrees to be subject to the personal jurisdiction of said court as a material term of this Agreement. 15. No Assignment. This Agreement shall be binding on the parties hereto and their respective successors. Except as expressly permitted under Section 10 above, neither party may, or shall have the power to, assign this Agreement, and/or any rights and/or obligations hereunder without the written consent of the other party. 16. Waiver. At no time shall any failure or delay by either party in enforcing any provisions, exercising any right or option, or requiring performance of any provisions, be construed to be a waiver of same. A waiver by either of the parties of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant herein contained. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained in this Agreement and supersedes all previous agreements. 18. Amendment. No change, modification, amendment, supplement to or waiver of this Agreement (or any provisions hereof) shall be binding upon the parties unless made in writing and duly signed by both parties. 19. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and together shall constitute one and the same instrument. 20. Proposed Sale of License Area to Licensee. Concurrent with the execution of this Agreement, Licensor and Licensee are engaged in discussions regarding the sale of the License Area to Licensee. The parties agree to work together in good faith following the Effective Date to agree upon the terms of such sale. Upon the sale of the License Premises to Licensee, this Agreement shall automatically terminate and thereafter be null and void and of no further force or effect; provided, that each party shall, upon the request of the other party, execute and record such documents as may be reasonably required to evidence such termination of record. (Signatures appear on the following page) 6 LENDER CONSENT TO PARKING LICENSE AGREEMENT ___________________ Bank hereby consents to this Parking License Agreement as of the ___ day of ____________, 2021. __________________, a __________ bank By: ___________________________ Name: ________________________ Its: ___________________________ ACKNOWLEDGMENT STATE OF ___________________ ) ) ss. COUNTY OF __________________ ) Personally came before me this ___ day of ___________, 2021, the above-named ________________, and is known to me to be the person who executed this instrument on behalf of ____________________ in the indicated capacity and acknowledged the same. ________________________________ ______________________, Notary Public State of __________________ My commission expires: ____________ 7 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 3 Block 1 of PINE TREE NORTH 8 EXHIBIT B LEGAL DESCRIPTION OF SENIOR LIVING PROPERTY Lot 1, Block 1, 2 Pine Tree North 9 EXHIBITC DEPICTION OF LICENSE AREA 2021-07-12 Final Version 2 IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Arden Hills Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. ________, dated _____________, 2______, of (Name of Bank) "; b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Arden Hills certifying that ________________________________ is in default of the Development Contract with the City of Arden Hills and that five (5) business days prior written notice has been given by the City to the Developer with respect to the existence of such default, and such default has not been cured. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2______. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Arden Hills City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty -five (45) days prior to the next annual renewal date addressed as follows: Arden Hills City Administrator, 1245 Highway 96, Arden Hills, MN 55112, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: ____________________________________ Its ______________________________ 2021-07-12 Final Version 3 CERTIFICATE OF INSURANCE LIABILITY & WORKERS' COMPENSATION This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. PROJECT: ___________________________________________ CERTIFICATE HOLDER & ADDITIONAL INSURED: City of Arden Hills ADDRESS: ARCH/ENGR:__________________________________________ INSURED:______________________________________ ADDRESS:___________________________________ ___________________________________ AGENT:________________________________________ ADDRESS:___________________________________ ___________________________________ WORKERS' COMPENSATION COVERAGE POLICY #______________________ EFFECTIVE DATE____/____/____ EXPIRATION DATE____/____/____ INSURANCE COMPANY:________________________________________ COVERAGE-Workers' Compensation, Statutory. Employers' Liability Limit $__________Each Accident $___________Disease Policy Limit $___________ Disease Employee Limit ($500,000 Policy limit applies to both accident and disease) GENERAL LIABILITY POLICY #______________________EFFECTIVE DATE____/____/____ EXPIRATION DATE____/____/____ INSURANCE COMPANY:________________________________________________ ( )Claims Made ( )Occurrence ( )Owner's & Contractors Protective ( ) Other LIMITS: General Aggregate Limit (Other Than Products-Completed Operations) $ ______________________ Products-Completed Operations Aggregate Limit $ ______________________ Personal & Advertising Injury Limit $ ______________________ Each Occurrence $ ______________________ 2021-07-12 Final Version 4 COVERAGE PROVIDED Operations of Contractor: Yes____ No____ Government Immunity is Waived Yes____ No____ Operations of Sub-Contractor (Contingent): Yes____ No____ Property Damage Liability Includes Does Personal Injury Include Damage Due to Blasting Yes____ No____ Claims Related to Employment: Yes____ No____ Damage Due to Collapse Yes____ No____ Completed Operations/Products: Yes____ No____ Damage To Underground Facilities Yes____ No____ Contractual Liability (Broad Form): Yes____ No____ Broad Form Property Damage Yes____ No____ EXCEPTIONS: AUTOMOBILE LIABILITY POLICY #________________________ EFFECTIVE DATE: ___/___/___ EXPIRATION DATE: ___/___/___ INSURANCE COMPANY: _______________________________________ ( )Any Auto ( )All Owned Autos ( )Scheduled Autos ( )Hired Autos ( )Non-Owned Autos LIMITS: Bodily Injury $_________ Each Person / $________ Each Occurrence OR Combined Single Limit $__________ Property Damage $_____________ Each Occurrence UMBRELLA EXCESS LIABILITY POLICY #_____________________ EFFECTIVE DATE:____/____/____ EXPIRATION DATE:____/____/____ INSURANCE COMPANY_________________________________________ LIMITS: Single Limit Bodily Injury and Property Damage $_______________Each Occurrence $__________________Aggregate COVERAGE PROVIDED: Applies in excess of the coverages listed above for Employers' Liability, General Liability, and Automobile Liability: Yes_____ No_____ Are any deductibles applicable to bodily injury or property damage on any of the above coverages? Yes_____ No_____ If So, List Amount $________________ AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes_____No_____ Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days notice to the parties to whom this certificate is issued. Dated at: ________________________ On: _______________________ By: ____________________________ MN License #________ Authorized Insurance Representative 2021-07-12 Final Version 5 Resolution #2021-008 Page 1 of 2 CONSENT ITEM – 6H MEMORANDUM DATE: July 12, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, Interim Public Works Director SUBJECT: 2021 PMP Street and Utility Improvements – Change Order No. 1 and Payment No. 1 Budgeted Amount: Actual Amount: Funding Source: $3,807,000 $3,423,767.10 PIR, Special Assessments Utility Funds Council Should Consider Motions to approve, table, or deny the following: •Change Order No. 1 for the 2021 PMP Street and Utility Improvements Project – Addition of 12-inch gate valve in the amount of $4,200 •Payment No. 1 for the 2021 PMP Street and Utility Improvements Project to C&L Excavating in the amount of $314,620.05 All items need a simple majority for action unless otherwise noted. Background/Discussion On April 12, 2021 City Council approved Resolution 2021-021 Awarding the 2021 PMP Street and Utility Improvements construction contract to C&L Excavating, Inc. During the construction of watermain along Glenpaul Avenue it was determined that it would be beneficial to City water shutdown operations to add a 12-inch gate valve on the watermain that extends along Cleveland Avenue. The addition of the gate valve will assist in localizing a future shut down if needed and less homes will be impacted. Bolton & Menk has provided a recommendation to approve Change Order No. 1 in the amount of $4,200 (Attachment B). The project is approximately 12% complete with the watermain and utility services near completion along Glenpaul Avenue and storm sewer construction beginning along Prior Avenue. Page 2 of 2 Five percent is being withheld from the work completed in accordance with the contract documents. Payment No. 1 is in the amount of $314,620.05. Bolton & Menk has provided a recommendation to accept Change Order No. 1 and Payment No. 1 (Attachment A). Staff recommends that Council approve Change Order No. 1 and Payment No. 1. Budget Impact Total Construction Expenses: Original Contract Amount: $2,704,412.10 Change Order No. 1: $ 4,200.00 Total: $2,708,612.10 Other Expenses: Engineering Design: $ 179,069.00 Construction Mgmt: $ 191,198.00 Gen Admin & Legal: $ 85,000.00 Finance & Interest: $ 60,000.00 Material Testing: $ 34,888.00 Const. Contingency: $ 165,000.00 $ 715,155.00 Attachments Attachment A: Bolton & Menk Letter of Recommendation Attachment B: Change Order No. 1 Attachment C: Pay Request No. 1 H:\ARDH\T13122417\7_Construction\D_Pay Applications\Pay App 1_June 2021\2021-07-01 Pay Application No 1 Recommendation.docx July 1, 2021 Mr. David Swearingen, P.E. City of Arden Hills 1245 W Highway 96 Arden Hills, MN 55112 Re: Pay Application No. 1 and Change Order No. 1 2021 PMP Street & Utility Improvements City of Arden Hills, Minnesota BMI Project No. T13.122417 Dear Mr. Swearingen: We are recommending approval of the enclosed Pay Application No. 1 and payment to C&L Excavating, Inc. We are also recommending approval of Change Order No. 1, which has been included in Pay Application No. 1. Please request approval from the Mayor and Council at the July 12, 2021 Council Meeting. If approved, please sign the Pay Application and Change Order, and return a copy of each to me. I will then forward the signed copies to C&L Excavating, Inc. for their records. Please call if you have any questions regarding this recommendation or the enclosed pay application. Sincerely, Bolton & Menk, Inc. Nick Amatuccio, P.E. Project Engineer Enclosures 6/30/2021 Page 1 of 2 DATE: July 12, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Authorization to Begin Recruitment Process for a Senior Engineering Technician 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 Senior Engineering Technician. All items need a simple majority for action unless otherwise noted. Background The City currently has a vacancy in Public Works for a position under the Public Works Director/City Engineer; the City Council discussed this at their June Work Session and directed staff to bring forward a job description for approval and posting. The City Council is asked to allow staff to being the recruitment process for the position, the attached job description is what would be used for the posting. 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 CONSENT – 6I MEMORANDUM Page 2 of 2 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). Budget Impact This position will not adversely affect the 2021 budget as it is replacing a previously budgeted position. Attachments Attachment A: Senior Engineering Technician Job Description 1 CITY OF ARDEN HILLS POSITION DESCRIPTION Position Title: Senior Engineering Technician Department: Public Works Accountable to: Public Works Director/City Engineer Positions Supervised: None Status: Full Time, Non-exempt July 2021 PRIMARY OBJECTIVES The primary objective and focus of this technical position includes performing advanced civil engineering duties including: design, inspect and manage public infrastructure projects, GIS management, MS4 Permit compliance, and other routine city engineering department functions under the general direction and supervision by the Public Works Director/City Engineer. QUALIFICATION REQUIREMENTS To perform this job successfully, an individual must be able to perform each essential function satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. ESSENTIAL FUNCTIONS OF THE POSITION Assists in the implementation of City ordinances and programs including MS4 permitting and compliance; Grading and Erosion Control management; Right of Way management by reviewing plans and permit applications, issuing permits, performing inspections and providing coordination with City staff, contractors and the public. Assists with the design and project management of the City’s Pavement Management Program and other City construction projects. Manages the City’s GIS database to include, but not limited to, GIS data entry and data integrity monitoring, map preparation, and the conversion of field data, plan sheets and other information into CAD/GIS drawings. Manages the City’s asset management system to include, but not limited to, data entry and data integrity monitoring. Works closely with Public Works employees, other departments, and external agencies to incorporate City data into the GIS and asset management systems to produce necessary and accurate maps, includin g identifying data needs, map design and developing special functions. Performs project inspections for public and private improvement projects to ensure compliance with plans, specifications and contract requirements, including coordination with City staff, consultants, contractors and the public. Performs quantity take-offs and prepares cost estimates for public improvement projects. Provides customer support within and outside the organization regarding Engineering and Public Works information, standards and programs. 2 Acts as liaison with contractors, engineers, developers, utilities and agencies on projects. Assists in preparation of reports, City Council memos, project updates, special assessment rolls, resident notifications and project plans. Resolve citizen complaints or problems concerning activities of Public Works and Engineering; attend various meetings and committees; conduct pre-construction meetings as needed. Remains current on all specifications, regulations, codes, construction practices, and generally accepted engineering standards, legislation and policies. All other necessary duties as apparent or assigned. EDUCATION and/or EXPERIENCE Successful completion of a two year or four year program in civil engineering or GIS technology, which included courses in GIS mapping technology and related mapping software. Two or more years of experience in public works, civil engineering, or closely related field. Practical experience with GIS applications and CAD software. KNOWLEDGE, SKILLS AND ABILITIES Must have considerable working knowledge of and the ability to learn the engineering principles and practices required for municipal civil engineering design (storm water hydrology and hydraulic, roadway, and utility design) and considerable knowledge of the materials, methods, and techniques used in the construction of municipal projects. Must have knowledge and skill in the use of AutoCAD, Civil 3-D, ArcGIS, word processing, spreadsheets, Outlook and other Microsoft office software. Must have the ability to read, interpret, and prepare construction plans, specifications, contract documents, technical manuals, legal descriptions, deeds, easements, written reports and correspondence. Must have knowledge and understanding of applicable work safety standards. PHYSICAL DEMANDS Must have the ability to read and discern visual images on a variety of media. Must have the ability to remain seated or standing at the same work-station during the work period with appropriate breaks within that time frame. Must have the ability to type accurately on a computer keyboard. Must have ability to record names and numbers accurately (e.g. not transpose numbers and/or letters). Must have ability to hear while answering telephone and receiving visitors at counter. Must have the ability to work in all types of weather. Must have the ability to physically perform essential functions and requirements of the position including lifting up to 25 lbs. SPECIAL REQUIREMENTS Valid driver's license. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. CITY OF ARDEN HILLS IS AN EQUAL OPPORTUNITY EMPLOYER ___________________________________________________________________ NON-DISCRIMINATION POLICY The City of Arden Hills does not discriminate on the basis of handicapped status 3 in the admission or access to or treatment or employment in its programs and activities. __________________________________________________________________ Page 1 DATE: July 12, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: City Hall HVAC Project Payment #6 to Air Express Budgeted Amount: Cost to Date: Funding Source: $303,800 $208,240 of $280,783 Building/Equipment Fund Council Should Consider Motions to approve, table, or deny the following: • Payment # 6 to Air Express for the City Hall HVAC Project in the amount of $3,800. All items need a simple majority for action unless otherwise noted. Discussion On October 12, 2020, the City Council awarded the City Hall HVAC Project to Air Express in the amount of $268,560.00 (an additional five percent contingency ($12,223) was built into the project for a total project cost of $280,783). Two changes orders were previously approved, bringing the expected cost to $275,481.00 ($5,302 of remaining contingency). The contractor is requesting payment, less five percent ($200) in retainage, in the amount of $3,800. The City’s engineering consultant, Paulson and Clark, has reviewed and agrees with the payment request. Previous payments made to the contractor and the requested payments are below. Payment #Work Completed Retainage Payment Payment #1 14,200$ 710$ 13,490$ Payment #2 12,500$ 625$ 11,875$ Payment #3 141,800$ 7,090$ 134,710$ Payment #4 10,500$ 525$ 9,975$ Payment #5 36,200$ 1,810$ 34,390$ Payment #6 4,000$ 200$ 3,800$ Total to date 219,200$ 10,960$ 208,240$ CONSENT ITEM – 6J MEMORANDUM Page 2 Budget Impact This payment is in-line with previously approved project costs. Attachment Attachment A: Certificate for Payment #6 Attachment B: Schedule of Values CONTINUATION SHEET - Schedule of Values AIA DOCUMENT G703PAGE - 2 OF 2AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT,APPLICATION NO:6containing Contractor's signed Certification is attached.APPLICATION DATE:06/25/21In tabulations below, amounts are stated to the nearest dollar.PERIOD TO:5-26 to 6-25Use column 1 on Contracts where variable retainage for line items may apply.ARCHITECT'S PROJECT NO:ABCDEFG HIITEM DESCRIPTION OF WORKSCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGENO. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G/C) TO FINISH 5%APPLICATION STORED AND STORED (C-G)(D+E) (NOT IN TO DATED OR E) (D+E+F)1 HVAC and Plumbing$0.00 $0.002 Equipment $100,000.00 $100,000.00 $0.00 $100,000.00 100% $0.00 $5,000.003 Equipment install-labor $25,000.00 $20,000.00 $1,000.00 $21,000.00 84% $4,000.00 $1,050.004 Demolition $18,000.00 $18,000.00 $0.00 $18,000.00 100% $0.00 $900.005 Balancing $5,000.00 $0.00 $0.00 $0.00 0% $5,000.00 $0.006 Bond/Permit $8,500.00 $8,500.00 $0.00 $8,500.00 100% $0.00 $425.007 Misc/overhead/profit $20,780.00 $14,500.00 $1,500.00 $16,000.00 77% $4,780.00 $800.008910 Subcontractors11 Electrical $2,500.00 $2,500.00 $0.00 $2,500.00 100% $0.00 $125.0012 Johnson Controls $58,000.00 $26,000.00 $0.00 $26,000.00 45% $32,000.00 $1,300.0013 Roofers $7,500.00 $7,500.00 $0.00 $7,500.00 100% $0.00 $375.0014 Refrigerant Recovery $2,500.00 $2,500.00 $0.00 $2,500.00 100% $0.00 $125.0015 Misc/overhead/profit $20,780.00 $15,000.00 $1,500.00 $16,500.00 79% $4,280.00 $825.0017182021222324252627282930313234353637 SUB TOTALS: $268,560.00 $214,500.00 $4,000.00 $0.00 $218,500.00 $50,060.00 $10,925.00Change OrdersChange Orders: Fix leak in plumbing pipes $700.00 $0.00 $0.00 $700.00 $0.00 $35.00Change Order: HVAC Control Deficiencies $6,221.00 $0.00 $0.00 $0.00 $6,221.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00CHANGE ORDER TOTALS: $6,921.00 $0.00 $0.00 $0.00 $700.00 10% $6,221.00 $35.00GRAND TOTALS $275,481.00 $214,500.00 $4,000.00 $0.00 $219,200.00 80% $56,281.00 $10,960.00 Page 1 of 2 PUBLIC HEARINGS – 8A MEMORANDUM DATE: July 12, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Planning Case # 21-015 Applicant: Arden Hills RE, LLC Property Location: Lot 1, Block 1, 2 Pine Tree North Request: Vacation of Sanitary Sewer Easement Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Hold the required Public Hearing for Arden Hills RE, LLC on a Vacation of Sewer Easement request for the property located at Lot 1, Block 1, 2 Pine Tree North plat. Background At the January 28 and February 8, 2021 meetings, Arden Hills RE, LLC on behalf of New Perspective Senior Living received required approvals from the Council to construct a four (4) story, 146-unit senior housing building which will include independent living, assisted living, and memory care. Easement Vacation Request The applicant is requesting to vacate the existing sanitary sewer easement due to the new sanitary sewer line alignment as approved within the development plans for this project. Bethel University will be dedicating a new sanitary sewer easement to the City in satisfaction of ordinance requirement. The proposed sewer easement vacation is located along the westerly edge of Lot 1, Block 1, 2 Pine Tree North plat as identified in Attachment B. The Interim Public Works Director has reviewed the proposed easement vacation and provided a memo in support of the vacation request (Attachment C). A request for a Vacation of Easement requires a public hearing before the City Council. Notice and Public Comments A Notice was published in the Pioneer Press on June 30, 2021. A public neighborhood notice was prepared by the City and mailed to property owners within 1,000 feet of the subject property. Page 2 of 2 Budget Impact NA Attachments A. Location Map B. Proposed Easement Vacation Sketch C. Interim Public Works Director Memo D. Resolution 2021-038 E. Notice of Completion F. PowerPoint Presentation Disclaimer: This map is intended for reference purposes only and is not a legally recorded map or survey. The City of Arden Hills shall not be liable for any damages or claim s that arise due to accuracy,availability, use or misuse of the information herein pursuant to MNStatute 466.03 Subd 21. Location Map Highway 51Tiller Lane Coun ty Ro ad E We st Glenarden RoadPine Tree DriveHarriet AvenueSkiles Lane Benton Way Fo r e s t L a n e Arden Place NB Hwy 51 To CO RD ECannon AvenueGlenarden CourtConnelly Avenue Dellwood AvenueHighway 51Ben ton Way ± §¨¦35W §¨¦694 £¤10 Subject Parcel Park and Open Space Page 1 of 1 MEMORANDUM DATE: June 21, 2021 TO: Jessica Jagoe, Senior City Planner FROM: David Swearingen, Interim Public Works Director SUBJECT: New Perspectives Senior Living sanitary sewer easement vacation Public Works staff conducted a review of the documents for the proposed vacation of Easement for Sewer Purposes per Document No. A1536880 lying within Lot 1, Block 1, 2 Pine Tree North dated June 3, 2021. Public Works staff is in support of the vacation due to the new sewer alignment with the proposed new sanitary sewer design shown on Sheet C600 Utility Plan. There must be a dedicated 20-ft wide utility easement over centerline of new sanitary sewer alignment to the City. 215712v1 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-038 RESOLUTION VACATING A CERTAIN PUBLIC SEWER EASEMENT LOCATED IN THE CITY OF ARDEN HILLS, RAMSEY COUNTY, STATE OF MINNESOTA WHEREAS, Minnesota Statutes § 412.851 provides for the vacation of public ways, which includes easements, and the process for said vacation; and WHEREAS, after the statutorily required two (2) weeks published and posted notice and mailed notice to the abutting property owners, to consider the vacation of an easement for public sewer purpose over, on, across, under and through the land legally described in Exhibit A, and depicted on Exhibit B, attached hereto and incorporated herein, the City Council of the City of Arden Hills has conducted a hearing on July 12, 2021, at which hearing all persons interested to be heard thereon were given an opportunity to be heard; and WHEREAS, following the hearing and consideration of the proposed vacation of public sewer easement, the City Council has determined the easement is not needed for purposes of a public sewer and that it is in the public interest to vacate the sewer easement. NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of the City of Arden Hills, Ramsey County, Minnesota: 1. The public sewer easement described herein is hereby vacated. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder/Registrar of Titles in and for Ramsey County, Minnesota. 3. The City Clerk is directed to file A Notice of Completion of Vacation Proceedings with the office of the County Auditor and County Recorder/Registrar of Titles in and for Ramsey County, Minnesota. PASSED, ADOPTED and APPROVED this 12th day of July, 2021, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS ___________________________________ David Grant, Mayor ATTEST: _________________________ Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. 215712v1 EXHIBIT A That part of the Easement for Sewer Purposes per Document No. A1536880 lying within Lot 1, Block 1, 2 PINE TREE NORTH, according to the recorded plat thereof, Ramsey County, Minnesota. 215712v1 EXHIBIT B 215709v1 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE OF COMPLETION OF VACATION PROCEEDINGS NOTICE is hereby given that, following a duly-held public hearing conducted by the City of Arden Hills, the City Council of the City of Arden Hills passed Resolution No. 2021-038 entitled “RESOLUTION VACATING A CERTAIN PUBLIC SEWER EASEMENT LOCATED IN THE CITY OF ARDEN HILLS, RAMSEY COUNTY, STATE OF MINNESOTA” vacating a public sewer easement. Said vacated property is legally described on attached Exhibit A and depicted on the attached Exhibit B. This NOTICE OF COMPLETION OF VACATION PROCEEDINGS is drafted for presentment to the County Auditor and to the County Recorder of Ramsey County, Minnesota, for filing in compliance with the requirements of Minnesota Statutes Section 412.851. This NOTICE is executed this _____ day of ____________, 2021, on behalf of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By ______________________________ David Grant, Mayor ATTEST: ________________________________ Julie Hanson, City Clerk Arden Hills, Minnesota DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 2 215709v1 EXHIBIT A That part of the Easement for Sewer Purposes per Document No. A1536880 lying within Lot 1, Block 1, 2 PINE TREE NORTH, according to the recorded plat thereof, Ramsey County, Minnesota. 215709v1 EXHIBIT B Planning Case #21-015 Applicant: Arden Hills RE, LLC Property Location:2 Pine Tree North Request:Vacation of Easement Public Notice: •Notice was published in the Pioneer Press on June 30, 2021. Notice was prepared by the City and mailed to property owners within 1,000 feet of the subject property. •As of July 7th Staff has not received any comments regarding this application. Questions? Planning Case 21-015 –Vacation of Easement Arden Hills RE, LLC Page 1 of 2 NEW BUSINESS – 9A MEMORANDUM DATE: July 12, 2021 TO: Honorable Mayor and City Council Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Planning Case # 21-015 Applicant: Arden Hills RE, LLC Property Location: Lot 1, Block 1, 2 Pine Tree North Request: Vacation of Sanitary Sewer Easement Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Resolution 2021-038 for a Vacation of Sanitary Sewer Easement lying within Lot 1, Block 1, 2 Pine Tree North. All items need a simple majority for action unless otherwise noted. Background At the January 28 and February 8, 2021 meetings, Arden Hills RE, LLC on behalf of New Perspective Senior Living received required approvals from the Council to construct a four (4) story, 146-unit senior housing building which will include independent living, assisted living, and memory care. Easement Vacation Request The applicant is requesting to vacate the existing sanitary sewer easement due to the new sanitary sewer line alignment as approved within the development plans for this project. Bethel University will be dedicating a new sanitary sewer easement to the City in satisfaction of ordinance requirements. The proposed sewer easement vacation is located along the westerly edge of Lot 1, Block 1, 2 Pine Tree North. The Interim Public Works Director has reviewed the proposed easement vacation and provided a memo in support of the vacation request. Page 2 of 2 Motion Language Option Below are motion options for the proposed Vacation of Sewer Easement lying within Lot 1, Block 1, 2 Pine Tree North plat. 1. Approval: Motion to approve Resolution 2021-038 for a Vacation of Sewer Easement lying within Lot 1, Block 1, 2 Pine Tree North plat. 2. Denial: Motion to deny Resolution 2021-038 for a Vacation of Sewer Easement lying within Lot 1, Block 1, 2 Pine Tree North plat. 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 Resolution 2021-038 for a Vacation of Sewer Easement lying within Lot 1, Block 1, 2 Pine Tree North plat. The City Council should identify a specific reason and/or information request should be included with a motion to table. Budget Impact: NA Attachments A. Resolution 2021-038 B. Notice of Completion C. PowerPoint Presentation 215712v1 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-038 RESOLUTION VACATING A CERTAIN PUBLIC SEWER EASEMENT LOCATED IN THE CITY OF ARDEN HILLS, RAMSEY COUNTY, STATE OF MINNESOTA WHEREAS, Minnesota Statutes § 412.851 provides for the vacation of public ways, which includes easements, and the process for said vacation; and WHEREAS, after the statutorily required two (2) weeks published and posted notice and mailed notice to the abutting property owners, to consider the vacation of an easement for public sewer purpose over, on, across, under and through the land legally described in Exhibit A, and depicted on Exhibit B, attached hereto and incorporated herein, the City Council of the City of Arden Hills has conducted a hearing on July 12, 2021, at which hearing all persons interested to be heard thereon were given an opportunity to be heard; and WHEREAS, following the hearing and consideration of the proposed vacation of public sewer easement, the City Council has determined the easement is not needed for purposes of a public sewer and that it is in the public interest to vacate the sewer easement. NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of the City of Arden Hills, Ramsey County, Minnesota: 1. The public sewer easement described herein is hereby vacated. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder/Registrar of Titles in and for Ramsey County, Minnesota. 3. The City Clerk is directed to file A Notice of Completion of Vacation Proceedings with the office of the County Auditor and County Recorder/Registrar of Titles in and for Ramsey County, Minnesota. PASSED, ADOPTED and APPROVED this 12th day of July, 2021, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS ___________________________________ David Grant, Mayor ATTEST: _________________________ Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. 215712v1 EXHIBIT A That part of the Easement for Sewer Purposes per Document No. A1536880 lying within Lot 1, Block 1, 2 PINE TREE NORTH, according to the recorded plat thereof, Ramsey County, Minnesota. 215712v1 EXHIBIT B 215709v1 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE OF COMPLETION OF VACATION PROCEEDINGS NOTICE is hereby given that, following a duly-held public hearing conducted by the City of Arden Hills, the City Council of the City of Arden Hills passed Resolution No. 2021-038 entitled “RESOLUTION VACATING A CERTAIN PUBLIC SEWER EASEMENT LOCATED IN THE CITY OF ARDEN HILLS, RAMSEY COUNTY, STATE OF MINNESOTA” vacating a public sewer easement. Said vacated property is legally described on attached Exhibit A and depicted on the attached Exhibit B. This NOTICE OF COMPLETION OF VACATION PROCEEDINGS is drafted for presentment to the County Auditor and to the County Recorder of Ramsey County, Minnesota, for filing in compliance with the requirements of Minnesota Statutes Section 412.851. This NOTICE is executed this _____ day of ____________, 2021, on behalf of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By ______________________________ David Grant, Mayor ATTEST: ________________________________ Julie Hanson, City Clerk Arden Hills, Minnesota DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 2 215709v1 EXHIBIT A That part of the Easement for Sewer Purposes per Document No. A1536880 lying within Lot 1, Block 1, 2 PINE TREE NORTH, according to the recorded plat thereof, Ramsey County, Minnesota. 215709v1 EXHIBIT B Planning Case #21-015 Applicant: Arden Hills RE, LLC Property Location:2 Pine Tree North Request:Vacation of Easement Proposed Motion Language: •Approval: Motion to approve resolution 2021-0XX for a Vacation of Sewer Easement lying within Lot 1, Block 1, 2 Pine Tree North plat. •Denial: Motion to deny resolution 2021-0XX for a Vacation of Sewer Easement lying within Lot 1, Block 1, 2 Pine Tree North plat. The City Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. •Table : Motion to table resolution 2021-0XX for a Vacation of Sewer Easement lying within Lot 1, Block 1, 2 Pine Tree North plat. The City Council should identify a specific reason and/or information request should be included with a motion to table. Page 1 of 8 UNFINISHED BUSINESS – 10A MEMORANDUM DATE: July 12, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Bolton & Menk SUBJECT: Planning Case #20-017 Applicant: Kye Samuelson Property Location: 3493 Siems Court Request: Variance Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider • A motion to approve, table or deny Planning Case 20-017 for a variance at 3493 Siems Court Approval of a variance requires a majority vote of the councilmembers. 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. At the October 7th Planning Commission meeting the Applicant requested a variance to build a 120 square foot accessory storage structure that encroached eighteen (18) inches into the Shore Page 2 of 8 Impact Zone of Lake Johanna. The proposed structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The Planning Commission voted to table the request to allow the Applicant to revise their plans to better conform to the Shoreland Ordinance provisions. The Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. The Applicant is now proposing to construct structure a nine and a half (9.5) feet tall and ninety-three and a half (93.5) square feet in size. However, the proposed structure still required a variance due to the proposed height and area that exceeded current ordinance standards. At their December 9, 2020 meeting the Planning Commission reviewed and discussed this application. The Planning Commission voted 4-3 to approve the planning case. The City Council reviewed this request at its January 11, 2021 meeting. 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. On June 28, 2021, the City Council approved Ordinance #2021-004, amending the requirements for accessory structures in the Shoreland District. This amendment increased the maximum size of an accessory structure to 100 square feet, and applied screening and design standards. The amendment did not increase the maximum height. Plan Evaluation The following evaluation is based on the updated zoning ordinance requirements. Shoreland Structure Setbacks - 1330.03, Subd. 5.E.1 - Meets Requirements The Subject Property is located within a Shoreland Management District, which impacts the rear setback of the property. Lake Johanna is classified as a General Development Lake, which requires fifty (50) foot setback from the Ordinary High Water Level (OHWL). The OHWL of Lake Johanna is 878 feet above sea level according to Minnesota Department of Natural Resources. The Shore Impact Zone is the land located between the OHWL and a line parallel to it at a setback of 50 percent of the structure setback. In other words, the Shore Impact Zone is the twenty-five (25) feet nearest to the shore within the 50 foot rear yard setback of the OHWL. The proposed structure would be located 25.2 feet from the OHWL setback just outside the Shore Impact Zone on top of where an existing landing structure is located. As a condition of approval, staff is recommending that the Applicant submit a zoning permit for the proposed structure so that staff can verify the setbacks for the structure. Page 3 of 8 Shoreline Impact Zone and 50’ structure setback. Shoreland Regulations – 1330.03 Subd. 5, E, 2 – Variance Requested City Code Section 1330.03 Subd. 5,E,2 states that lakeshore lots are permitted one (1) accessory storage shed within the required structure setback from the OHWL, provided it does not exceed 100 square feet in size and 8 feet in height measured to the highest point of the structure. The proposed structure measures 8.5 feet by 11 feet, or 93.5 square feet. The height of the proposed structure, measured from the base of the landing to the highest point of the structure, is approximately 9’ 5” in height. The applicant is requesting a variance to the maximum permitted height. Page 4 of 8 Proposed structure elevations Shoreland Regulations – 1330.03 Subd. 5, E, 3 – Does Not Meet Requirements City Code Section 1330.03 Subd. 5, E, 3 states the maximum width of an accessory structure, as viewed from the water, may not exceed ten (10) feet. The proposed site plan shows the long (11’) end of the building will face the lake. In order to meet this requirement, the shed must be rotated on the lot so the short (8.5’) end of the structure faces the water. As a condition of approval, staff is recommending the Applicant submit a zoning permit for the proposed structure so that staff can verify the location and setting of the structure. Shoreland Regulations – 1330.03 Subd. 5, E, 4-8 –Meets Requirements City Code Section 1330.03 Subd. 5, E, 4-8 states the following: 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. The proposed structure meets these requirements. As a condition of approval, staff is recommending the Applicant submit a zoning permit with a landscaping plan for the proposed structure so that staff can verify the location and setting of the structure. Variance Requirements – Section 1355.04, Subd. 4 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive Plan. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District and is guided as Low Density Residential on the Land Use Plan. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the storage of recreational water equipment for a single family home is a reasonable use of an accessory structure within the Shoreland Management District. Page 5 of 8 b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, there is a thirty (30) foot grade difference every 100 feet, which creates a very steep slope to transport lake items up to store in the garage. This is unique to the property, making it difficult to place the storage structure elsewhere. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the storage shed would be 30 feet below the adjoining neighbors, The Applicant is proposing to add landscaping to assist in screening the structure and making it inconspicuous and blended to the landscape. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. According to the Applicant the proposed variance is not based on economic consideration. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Findings of Fact The Planning Commission reviewed this application at their December 9, 2020, meeting and have offered the following findings of fact for your consideration: 1. City Staff received a land use application for a request to build an accessory structure for storage at the Subject Property 3493 Siems Court. 2. Storage of personal items is a permitted use for an accessory structure in the R-1 Single Family Residential District. 3. The Subject Property has a steep downward slope in the rear yard that prevents the Applicant from building on much of the site. 4. The Subject Property meets the minimum lot size, width, and length requirements for the R-1 District. 5. The Applicant is requesting flexibility with the maximum height for an accessory storage shed located within the Ordinary High Water Level (OHWL) setback requirement for Lake Johanna. 6. The rear yard setback requirement for a proposed accessory structure is determined by the OWHL of Lake Johanna. 7. The proposed structure is located 25.2 feet within the OHWL setback from Lake Johanna which is 50 feet. 8. The proposed storage structure would be located outside the Shore Impact Zone of Lake Johanna. Page 6 of 8 9. One (1) storage shed is permitted with the OHWL setback requirement of Lake Johanna as long as it does not exceed 100 square feet in size and eight (8) feet in height. 10. The proposed structure exceeds the height at nine (9) feet six (6) inches tall and exceeds the area dimension at 93.5 square feet. 11. The proposed structure would otherwise conform to all other requirements and standards of the R-1 district. 12. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. Additional Review Residential Building Inspector The Residential Building Inspector has reviewed the plans and has no additional comments at this time. Engineering Staff Engineering Staff reviewed the proposal and has no additional comments at this time. Rice Creek Watershed District The Rice Creek Watershed District has reviewed the proposed project and determined that no permit will be required. Minnesota Department of Natural Resources The DNR has reviewed the plans and has no additional comments on this time as the City of Arden Hills is the permitting agency. Recommendation The Planning Commission recommended approval by a 4-3 vote of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans in the December 9, 2020 Report to the Planning Commission, as amended by conditions. Based on the recent amendment to the Zoning Ordinance, the only variance requested at this time is a variance to the height of the structure. Motion Language Options The following are motion language options for the City Council to consider: 1. Approval with Conditions: Motion to approve of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans, as amended by following conditions: 1. A Zoning Permit for an accessory structure shall be issued prior to commencement of construction. 2. The structure shall be rotated on the site so the maximum width of the accessory structure, as viewed from the water, does not exceed ten (10) feet Page 7 of 8 3. The exterior materials of the proposed addition shall be consistent or complementary in color, texture and quality with those visible on the existing structure. 4. The Applicant shall provide a landscaping plan indicating 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. Planning staff shall review and approve the screening plan prior to the issuance of Zoning Permit. 5. The proposed accessory structure shall conform to all other standards and regulations in the City Code. 2. Denial: Motion to deny Planning Case 20-017 for a Variance at 3493 Siems Court, based on the following findings of fact: findings to deny should specifically reference the reasons for denial. 3. Table: Motion to table Planning Case 20-017 for a Variance at 3493 Siems Court: a specific reason and/or information request should be included with a motion to table. This case may only be tabled if the applicant agrees to an extension. Public Notice and Comments Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the subject property before the January City Council meeting. Deadline for Agency Actions The City of Arden Hills extended the deadline for application processing for an additional 60 days on November 23rd ending on January 24, 2021 unless voluntary extensions are made. The Applicant agreed to an extension of the deadline to July 12, 2021. Budget Impact: NA Attachments: A. Land Use Application B. Location Map C. Setback Illustration D. Accessory Structure Elevations E. Variance Request Letter F. Planning Commission Report, December 9, 2020 G. Planning Commission Minutes, December 9, 2020 H. PowerPoint Presentation I. Resolution 21-039 Page 8 of 8 Page 1 of 3 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org For Office Use Only Planning Case No. 20- Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2020 LAND USE APPLICATION Applicant Information Applicant: Address: Telephone No.: Other: Fax No.: Email Address: Property Information Property Owner: Owner Address: Owner Telephone No. Other: Address of Property Involved: Legal Description: Property ID No.: Type of Use: Zone: Property Acreage: Type of Request  Comprehensive Plan Amendment (Fee: $500 + Escrow: $2,500)  Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500)  Preliminary Plat (Fee: $500 + Escrow: $2,500)  Final Plat (Fee: $500 + Escrow: $1,500)  Concept Plan Review (Fee: $150 + Escrow: $1,000)  Master Planned Unit Development or Master Special Development Plan (Fee: $500 + Escrow: $2,500)  Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $1,500)  Planned Unit Development Amendment or Special Development Plan Amendment (Fee: $400 + Escrow: $1,500)  Site Plan Review (Fee: $400 + Escrow: $1,500)  Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500)  Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500)  City Code Amendment (Fee: $350 + Escrow: $1,500)  Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,000)  Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000)  Vacation of Easement or Right-of-Way (Fee: $150 + Escrow: $1,000)  Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000)  Land Use Requests – Not Already Specified (Fee: $150 + Escrow: $1,000 Kye Samuelson 3493 Siems Court - Arden Hills 651 336 1830 none none kyesamuelson@gmail.com Kye and Julia Samuelson 3493 Siems Court - Adren Hills 651 336 1830 3493 Siems Court - Arden Hills Lot 10 Block 2 of ARDEN HILLS,RAMSEY COUNTY, MIN 343023220010 Residential Page 2 of 3 Brief Description of Request (please also include a typed, detailed letter explaining the project): Filing & Information Requirements The City requests that you make a pre-application meeting with the City Planner to discuss the application process, requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.cityofardenhills.org/landuseapplications. Complete/Incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the City Planner. Payment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the City Planner on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. *IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Requesting the consideration of utilization of the Innovative Structures Ordinance to reconstruct a lakeside storage shed with usable proportions to store paddleboards and other water items for purposes of security. We feel that the use of natural materials and a sod roof system would be beneficial, considering the grade difference of approximately 30’ of hillside to traverse, yielding an environmentally-friendly approach and a natural visual setting for homeowner and neighbors looking downward on the lakeside/hillside Page 3 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the City Planner. 2019 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 p.m.) TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) January 8 January 27 February 5 February 24 March 4 March 23 April 8 April 27 May 6 May 25 June 3 June 22 July 8 July 27 August 5 August 24 September 9 September 28 October 7 October 26 November 11 November 23 December 9 January 11 (2021) January 6 (2021) January 25 (2021) Acknowledgement and Signature I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. __________________________________________________ ________________ Property Owner Signature (Required) Date ________________________________________________ ________________ Applicant Signature (If different than the property owner) Date Please contact the City Planner at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City’s website: www.cityofardenhills.org/landuseapplications Kye Samuelson 7-27-20 same as above same as above Disclaimer: This m ap is intended for reference purposes only and is not a legally recorded map or survey. The City of Arden Hills shall not be liable for any damages or claims that arise due to accuracy,availability, use or misuse of the inform ation herein pursuant to MNStatute 466.03 Subd 21. Location Map Siems CourtArden Place Ridgewood RoadRidgewood CourtLake Johanna Boulevard± §¨¦35W §¨¦694 £¤10 Park and Open Space Subject Parcel Kye and Julia Samuelson 3493 Siems Court Variance Request for Accessory Structure Revisions Explanation and Narrative – December 2020 Meetings As a result of the October planning commission meeting, Kye Samuelson and True North Contracting have taken all discussion topics into key consideration and made adjustments/reductions/modifications to acknowledge the variables surfaced in the prior meeting. Below is a summary of the variables addressed: - Repositioning/relocation of the structure, no longer encroaching within Ordinary High-Water Line - Confirmation of positioning of the structure to run laterally/parallel to shoreline - Reduction of overall square footage of the structure o Reduction in length – to 11ft. o Reduction in width – to 8.5 ft. - Confirmation of several variables that make the project entirely unique, in order to reduce precedent and future requests for variance within current code requirements Below is a summary of the key variables in consideration as conditional elements for this variance request: - Proposing the use of language of a ‘floating shed’ meeting the following conditions unique to this specific scenario o No adjustments to the existing footings/framing of the existing structure atop which the accessory structure will be constructed o No adjustment of the land or surface surrounding the area o 100% drainage and runoff (no pervious surface) beneath the existing structure, with runoff uninhibited by foundation or any non-natural elements o Improvement of the previous legal non-confirming structure to promote natural runoff o Optional requirement for addition of vegetation around future structure for environmental and aesthetic purposes o Optional requirements for language on maintenance of vegetation for aesthetic purposes We are hopeful that this summary will provide the necessary information on the key variables in order to accommodate this request for variance supported by the descriptions and rationale provided in response to the statutory requirements. Sincerely, Kye and Julia Samuelson True North Contracting City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 1 of 10 MEMORANDUM DATE: December 9th, 2020 PC Agenda Item 3.B TO: Planning Commission Chair and Commissioners FROM: Joe Hartmann, Associate Planner SUBJECT: Planning Case #20-017 – No Public Hearing Required Applicant: Kye Samuelson Property Location: 3493 Siems Court Request: Variance Requested Action Kye Samuelson (“Applicant”) has submitted a land use application for a variance to construct an accessory structure at 3493 Siems Court (“Subject Property”). The Applicant is requesting a variance for flexibility with a proposed accessory structure’s height and size within the Ordinary High Water Level (OHWL) setback. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District, and is guided as Low Density Residential on the Land Use Plan. Variance Flexibility Requested A variance is requested for: 1. Proposed accessory structure height: currently proposed at nine (9) feet and five (5) inches tall, eight (8) feet tall is allowed by ordinance. 2. Proposed accessory structure area, currently proposed at 93.5 square feet, sixty-four (64) square feet is allowed by ordinance. Background 1. Overview of Request At the October 7th Planning Commission meeting the Applicant requested a variance to build a 120 square foot accessory storage structure that encroached 18 inches into the Shore Impact Zone of Lake Johanna. The proposed accessory structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The Planning Commission voted to table that request to allow the Applicant to submit revised plans that would better conform to the provisions of the Shoreland Ordinance. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 2 of 10 The Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. However, the proposed structure still requires a variance due to the proposed height and area that exceeds current ordinance standards. The Applicant proposes adding new conditions of approval to the request that would set performance standards for the structure and recognizes that this would set a precedent for future structures located near the shore to follow (Attachment E). For example, the Applicant proposing the use of language such as calling the overall structure a ‘floating shed’ that would require future residents to meet certain conditions unique to this specific scenario. On the Subject Property, the Applicant notes that the site features 100% drainage and runoff beneath the existing structure, with runoff uninhibited by any foundation or any non-natural elements, which could be a condition of approval for future applications. They also request an optional requirement for the addition and maintenance of vegetation around the future structure for environmental and aesthetic purposes. The Planning Commission is being asked to determine if a variance request for flexibility with the Shoreland Management District setback requirements should be approved for the new proposed accessory structure. This structure requires flexibility from the restrictions for City Code within Shoreland Management Districts. The evaluation of the proposal should be based on the provisions within the Zoning Code and the Requirements for a Variance in Section 1355.04, Subd. 4 and the Continuation of Nonconforming Uses in Section 1350.02. A revised application should be reviewed in the same manner as required for a new application. Any structural alteration or changes to the original plan require that all procedures shall apply as if a new application were being requested. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (R-1 Single Family Residential District) – Section 1320.06 Lot Size and Dimensions The minimum lot width required for the Subject Property is ninety-five (95) feet and the minimum lot length is 130 feet. The minimum lot size is 14,000 square feet. The Subject Property meets the minimum lot width and length requirements for the R-1 District as well as the minimum lot area requirement. The property is approximately 16,152 square feet in area and, including the deck structure near the shore, maintains a structure coverage of 24.8%, a FAR of 0.26, and an impervious surface coverage of 31.3%. The maximum structure coverage allowed is 25%, the maximum FAR allowed is 0.30, and the maximum impervious surface coverage allowed is 35%. If approved for this variance, the property would be beneath the maximum structure coverage, FAR, and impervious coverage allowed under City Code. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 3 of 10 Aerial Photo of the Subject Property and accessory structure location. Structure Setbacks - Flexibility Requested The Subject Property is located within a Shoreland Management District, which impacts the rear setback of the property. Shoreland Management Districts overlay existing zoning districts of the City s hown on the official zoning map. The Shoreland Management District classifies Lake Johanna as a General Development Lak e, which determines certain setback requirements from the lakeshore. The rear of the Subject Property faces Lake Johanna, which has a setback of fifty (50) feet from the Ordinary High Water Level (OHWL). Minnesota Statutes 103G.005 Subd. 14 defines the OHWL as: “…the elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial…” The OHWL of Lake Johanna is 878 feet above sea level according to Minnesota Department of Natural Resources. The Shore Impact Zone is the land located between the OHWL and a line parallel to it at a setback of 50 percent of the structure setback. In other words, the Shore Impact Zone is the twenty-five (25) feet nearest to the shore within the 50 foot rear yard setback of the OHWL. The proposed structure would be located 25.2 feet from the OHWL setback just outside the Shore Impact Zone on top of where an existing landing structure is located. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 4 of 10 Shoreline Impact Zone and 50’ structure setback. 2. General Regulations – Section 1325.01 Accessory Structures According to City Code Section 1325.01 Subd. 5, B, the exterior finish of accessory structures shall be compatible in appearance and material used with the principal structure served by the accessory structure. The Applicant is requesting a design that matches the exterior finish of the principal structure of the house. The contractor who will build the proposed structure, Scherer Brothers, has confirmed the wall load calculation needs and the truss load on the structure, confirming that there no additional structural needs for wall and roof framing that would affect the outward appearance of the structure. Staff is recommending as a condition of approval that to the extent practical, the exterior materials of the proposed accessory structure shall be consistent or complementary in color, texture and quality with those on the principal structure. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 5 of 10 Floor plans and elevations for the proposed storage structure 3. Shoreland Regulations – Section 1330 Under City Code Section 1330.03 Subd. 5, lakeshore lots may be permitted up to one (1) accessory storage shed within the required structure setback from the OHWL, provided that it is not located within the Shore Impact Zone; does not exceed sixty-four (64) square feet in size and eight (8) feet in height measured to the highest point of the structure; and is not designed or used for human habitation and does not contain a water supply or sewage treatment facilities. Measured from the base of the landing to the highest point of the structure, the proposed structure would exceed the 8 foot height limitation at nine (9) feet, five (5) inches tall. The structure proposed would measure 8.5 feet by 11 feet, or 93.5 square feet, which exceeds the 64 square foot maximum allowed within code. City Code Section 1330.03 Subd. 7 states that in Shore Impact Zones and on steep slopes, limited clearing of trees and shrubs for access to the shoreline, and cutting, pruning, and trimming of trees is allowed provided that a minimum of seventy-five (75) percent of the Shore Impact Zone be left in its natural state. There is a thirty (30) foot grade difference every 100 feet, which creates a steep slope to transport lake items up to store in the garage. The Applicant stated in their original narrative that the grade in the rear of the property is difficult enough to have warranted the construction of a switchback grass trail for a golf cart to bring elderly family members from the driveway down to the lake. This would make it difficult to locate an accessory storage structure elsewhere on the property. The proposal would prevent clearing of trees and shrubs for access elsewhere in the back yard and maintain the Shore Impact Zone. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 6 of 10 Topographic Overlay of 3493 Siems Court, depicting the change in elevation on the Subject Property. City Code Section 1330.03 Subd. 7 continues that, “the minimal amount of vegetation shall be altered and sufficient vegetative cover shall remain to screen cars, dwellings and other structures when viewed from public waters. Except for the removal of invasive species, clear cutting of vegetation shall be prohibited. Native vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff and soil erosion.” The Applicant mentioned within their original narrative that the existing deck would be unobtrusive by adding natural, deep-rooting vegetation around specific areas near the proposed storage structure, creating more coverage and reducing phosphorous runoff. The Applicant argues that this would protect the shoreland after development by reducing the runoff that would otherwise cause water pollution and decreasing the need for additional stormwater treatment infrastructure. 4. Variance Review Requirements – Section 1355.04 The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city’s articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task of considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the minimum OHWL setback requirement City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 7 of 10 within the Shore Impact Zone, any conditions attached should presumably relate to mitigating the effect of the encroachment. Deviations from the requirements for accessory structures in exceptional and unusual circumstances may be permitted after Planning Commission review and City Council approval in accordance with Section 1355.04 Subd 5 and with documentation showing the unusual circumstances justifying the proposed deviation and plans for the proposed accessory structure. The Planning Commission will need to determine, using the following variance findings and criteria, whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all three factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Below are the Applicant’s findings of fact. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive Plan. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District and is guided as Low Density Residential on the Land Use Plan. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the storage of recreational water equipment for a single family home is a reasonable use of an accessory structure within the Shoreland Management District. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, there is a thirty (30) foot grade difference every 100 feet, which creates a very steep slope to transport lake items up to store in the garage. This is unique to the property, making it difficult to place the storage structure elsewhere. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the storage shed would be 30 feet below the adjoining neighbors, The Applicant is proposing to add landscaping to assist in screening the structure and making it inconspicuous and blended to the landscape. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. According to the Applicant the proposed variance is not based on economic consideration. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 8 of 10 A solar energy system is not proposed. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. City Staff received a land use application for a request to build an accessory structure for storage at the Subject Property 3493 Siems Court. 2. Storage of personal items is a permitted use for an accessory structure in the R-1 Single Family Residential District. 3. The Subject Property has a steep downward slope in the rear yard that prevents the Applicant from building on much of the site. 4. The Subject Property meets the minimum lot size, width, and length requirements for the R-1 District. 5. The Applicant is requesting flexibility with the maximum height and size restrictions for an accessory storage shed located within the Ordinary High Water Level (OHWL) setback requirement for Lake Johanna. 6. The rear yard setback requirement for a proposed accessory structure is determined by the OWHL of Lake Johanna. 7. The proposed structure is located 25.2 feet within the OHWL setback from Lake Johanna which is 50 feet. 8. The proposed storage structure would be located outside the Shore Impact Zone of Lake Johanna. 9. One (1) storage shed is permitted with the OHWL setback requirement of Lake Johanna as long as it does not exceed 64 square feet in size and eight (8) feet in height and is not within the Shore Impact Zone. 10. The proposed structure exceeds the height at nine (9) feet five (5) inches tall and exceeds the area dimension at 93.5 square feet. 11. The proposed structure would otherwise conform to all other requirements and standards of the R-1 district. 12. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. Additional Review Residential Building Inspector The Residential Building Inspector has reviewed the plans and has no additional comments at this time. A Zoning Permit will be required prior to construction. Engineering Staff Engineering Staff reviewed the proposal and has no additional comments at this time. Rice Creek Watershed District The Rice Creek Watershed District has reviewed the proposed project and determined that no permit will be required. City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 9 of 10 Minnesota Department of Natural Resources The DNR has reviewed the plans and has no additional comments on this time as the City of Arden Hills is the permitting agency. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans, as amended by the conditions below: 1. A Zoning Permit for an accessory structure shall be issued prior to commencement of construction. 2. The exterior materials of the proposed addition shall be consistent or complementary in color, texture and quality with those visible on the existing structure. 3. The Applicant shall add landscaped screening to assist in screening the structure from adjacent properties. Planning staff shall review and approve the screening plan prior to the issuance of Zoning Permit.. 4. The proposed accessory structure shall conform to all other standards and regulations in the City Code. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 20- 017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted materials. 3. Recommend Denial: Motion to recommend denial of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 20-017 for a Variance at 3493 Siems Court: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow a public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Public Comments City of Arden Hills Planning Commission Meeting for December 9th, 2020 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\PC Packets\12-9-2020 Page 10 of 10 Staff have received one (1) comment regarding this variance request. The resident stated that they did not object to the request. Deadline for Agency Actions The City of Arden Hills extended the deadline for application processing for an additional 60 days on November 23rd ending on January 24, 2021 unless voluntary extensions are made. The Applicant has submitted revised plans on November 18, 2020 and staff received a completed application on November 30th. With consent of the Applicant, the City may extend the review period beyond the initial 120 days. Attachments A. Land Use Application B. Location Map C. Setback Illustration D. Re-submitted Plans E. Variance Request Letter DRAFTApproved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, DECEMBER 9, 2020 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Nick Gehrig called to order the regular Planning Commission meeting at 6:30 p.m. Due to the COVID-19 pandemic this meeting was held virtually. ROLL CALL Present were: Chair Nick Gehrig, Commissioners Marcie Jefferys, Steven Jones, James Lambeth, Subbaya Subramanian, Paul Vijums, Kurtis Weber (Alternate), and Jonathan Wicklund. Absent: Commissioner Clayton Zimmerman. Also present were: Community Development Manager/City Planner Mike Mrosla, Associate Planner Joe Hartmann, and Councilmember Steve Scott. APPROVAL OF AGENDA – DECEMBER 9, 2020 Chair Gehrig stated the agenda will stand as published. APPROVAL OF MINUTES October 7, 2020 – Planning Commission Regular Meeting Commissioner Lambeth moved, seconded by Commissioner Subramanian, to approve the October 7, 2020, Planning Commission Regular Meeting as presented. A roll call vote was taken. The motion carried 6-0-1 (Commissioner Jefferys abstained). PLANNING CASES A.Planning Case 20-021; 2 Pine Tree Drive; Conditional Use Permit Release Request – Public Hearing Community Development Manager/City Planner Mrosla stated in 2013 Bethel University acquired the Country Financial facility at 2 Pine Tree Drive. The property consisted of three (3) parcels that total approximately 43 acres. The subject property is located within the B-2 General DRAFTARDEN HILLS PLANNING COMMISSION – December 9, 2020 2 Business District, where higher educational uses are permitted by Conditional Use Permit. At its November 25, 2013 meeting, the City Council approved a CUP for Bethel University to use the existing facility as higher education. Community Development Manager/City Planner Mrosla reported Bethel University has recently received approvals to subdivide the existing property at 2 Pine Tree Drive into three (3) lots of record. One (1) lot of record is the existing building and parking lot, and two (2) new lots on the north side of the property. Lake Johanna Fire Department has purchased Lot 2 for a future fire station. The attorney for Lake Johanna Fire Department has requested to clear title. The effect of the releases are to free the new parcel from CUPs and easements that remain applicable only to the parcel Bethel is retaining. This same process will need to occur for Lot 1, Block 1 and will be completed during the approval process for New Perspective Senior Living Planning Case 20-022. Community Development Manager/City Planner Mrosla commented further on the request and recommended approval of the release to the Conditional Use Permit from Lot 2, Block 1 of 2 Pine Tree Drive North. Community Development Manager/City Planner Mrosla reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval 2.Recommend Denial 3.Table Chair Gehrig opened the floor to Commissioner comments. Commissioner Lambeth asked if the Lake Johanna Fire Department has closed on this property. Community Development Manager/City Planner Mrosla reported the Lake Johanna Fire Department has closed on the property and this was a housekeeping matter. Commissioner Subramanian questioned if the future senior development has been taken into consideration by the fire department. Community Development Manager/City Planner Mrosla stated the fire department has been actively reviewing the development proposed for Lot 1. Commissioner Jefferys inquired if the City would be seeing more requests related to the fire department. Community Development Manager/City Planner Mrosla commented the fire department has secured the land and would be working to construct a new fire station in the coming years. He reported neighborhood meetings would have to be held prior to this project moving forward. Chair Gehrig opened the public hearing at 6:43 p.m. Chair Gehrig invited anyone for or against the application to come forward and make comment. DRAFTARDEN HILLS PLANNING COMMISSION – December 9, 2020 3 There being no comment Chair Gehrig closed the public hearing at 6:43 p.m. Chair Gehrig moved and Commissioner Lambeth seconded a motion to recommend approval of Planning Case 20-021 to release the Conditional Use Permit from Lot 2, Block 1 of 2 Pine Tree Drive North. A roll call vote was taken. The motion carried unanimously (7-0). B.Planning Case 20-017; 3493 Siems Court Variance Request – Public Hearing Required Associate Planner Hartmann stated Kye Samuelson (“Applicant”) has submitted a land use application for a variance to construct an accessory structure at 3493 Siems Court (“Subject Property”). The Applicant is requesting a variance for flexibility with a proposed accessory structure’s height and size within the Ordinary High Water Level (OHWL) setback. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District, and is guided as Low Density Residential on the Land Use Plan. Associate Planner Hartmann commented at the October 7th Planning Commission meeting the Applicant requested a variance to build a 120 square foot accessory storage structure that encroached 18 inches into the Shore Impact Zone of Lake Johanna. The proposed accessory structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The Planning Commission voted to table that request to allow the Applicant to submit revised plans that would better conform to the provisions of the Shoreland Ordinance. Associate Planner Hartmann reported the Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. However, the proposed structure still requires a variance due to the proposed height and area that exceeds current ordinance standards. The Applicant proposes adding new conditions of approval to the request that would set performance standards for the structure and recognizes that this would set a precedent for future structures located near the shore to follow. Associate Planner Hartmann stated for example, the Applicant proposing the use of language such as calling the overall structure a ‘floating shed’ that would require future residents to meet certain conditions unique to this specific scenario. On the Subject Property, the Applicant notes that the site features 100% drainage and runoff beneath the existing structure, with runoff uninhibited by any foundation or any non-natural elements, which could be a condition of approval for future applications. They also request an optional requirement for the addition and maintenance of vegetation around the future structure for environmental and aesthetic purposes. Associate Planner Hartmann explained the Planning Commission is being asked to determine if a variance request for flexibility with the Shoreland Management District setback requirements should be approved for the new proposed accessory structure. This structure requires flexibility from the restrictions for City Code within Shoreland Management Districts. The evaluation of the proposal should be based on the provisions within the Zoning Code and the Requirements for a Variance in Section 1355.04, Subd. 4 and the Continuation of Nonconforming Uses in Section DRAFTARDEN HILLS PLANNING COMMISSION – December 9, 2020 4 1350.02. A revised application should be reviewed in the same manner as required for a new application. Any structural alteration or changes to the original plan require that all procedures shall apply as if a new application were being requested. Associate Planner Hartmann reviewed the surrounding area, the Plan Evaluation and provided the Findings of Fact for review: 1.City Staff received a land use application for a request to build an accessory structure for storage at the Subject Property 3493 Siems Court. 2.Storage of personal items is a permitted use for an accessory structure in the R-1 Single Family Residential District. 3.The Subject Property has a steep downward slope in the rear yard that prevents the Applicant from building on much of the site. 4.The Subject Property meets the minimum lot size, width, and length requirements for the R-1 District. 5.The Applicant is requesting flexibility with the maximum height and size restrictions for an accessory storage shed located within the Ordinary High Water Level (OHWL) setback requirement for Lake Johanna. 6.The rear yard setback requirement for a proposed accessory structure is determined by the OWHL of Lake Johanna. 7.The proposed structure is located 25.2 feet within the OHWL setback from Lake Johanna which is 50 feet. 8.The proposed storage structure would be located outside the Shore Impact Zone of Lake Johanna. 9.One (1) storage shed is permitted with the OHWL setback requirement of Lake Johanna as long as it does not exceed 64 square feet in size and eight (8) feet in height and is not within the Shore Impact Zone. 10.The proposed structure exceeds the height at nine (9) feet five (5) inches tall and exceeds the area dimension at 93.5 square feet. 11.The proposed structure would otherwise conform to all other requirements and standards of the R-1 district. 12.A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. Associate Planner Hartmann stated staff recommends approval of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans, as amended by the conditions below: 1.A Zoning Permit for an accessory structure shall be issued prior to commencement of construction. 2.The exterior materials of the proposed addition shall be consistent or complementary in color, texture and quality with those visible on the existing structure. 3.The Applicant shall add landscaped screening to assist in screening the structure from adjacent properties. Planning staff shall review and approve the screening plan prior to the issuance of Zoning Permit. 4.The proposed accessory structure shall conform to all other standards and regulations in the City Code. DRAFTARDEN HILLS PLANNING COMMISSION – December 9, 2020 5 Associate Planner Hartmann reviewed the options available to the Planning Commission on this matter: 1.Recommend Approval with Conditions 2.Recommend Approval as Submitted 3.Recommend Denial 4.Table Chair Gehrig opened the floor to Commissioner comments. Commissioner Lambeth stated this item was tabled due to the encroachment on the impact zone. He asked if this matter has been addressed. Associate Planner Hartmann reported this was the case. Kye Samuelson, the applicant, explained the size of the shed has been reduced from 120 square feet to 93.5 square feet. He indicated the shed would be used to store lake equipment. He commented further on how the shed would be placed on the property. Commissioner Lambeth questioned if shrubs would be planted around the shed. Mr. Samuelson reported he plans to plant shrubs around the shed whether or not the City makes this a condition for approval. Commissioner Subramanian indicated he would like the landscaping and screening be made a requirement for the permit. Community Development Manager/City Planner Mrosla stated Condition 3 addresses this concern. Commissioner Subramanian asked if the shed would still have a green roof. Mr. Samuelson reported the redesign of the shed would not allow for a green roof, but noted the building would be screened with landscaping and would have natural vines planted to assist with screening the shed. Commissioner Vijums commented on how lake life has changed since the time City Code was drafted noting there was a lot of additional equipment that needed to be stored and code has not adopted to these changes. He feared that once a variance was passed, the City would receive numerous requests for lakeshore sheds. He supported the City changing its code versus reviewing numerous variance requests in the future. He believed that the shed request before the Commission was still too large and for that reason would not be offering his support. Commissioner Weber thanked the applicant for making concessions, but noted he agreed with Commission Vijums that approving this request would lead to additional shed requests on lakes. He recommended the City review the code. DRAFTARDEN HILLS PLANNING COMMISSION – December 9, 2020 6 Commissioner Wicklund commented on variance requirements and the criteria to meet a variance. He stated the reasonable use requirements have been met by the applicant, along with the character of the neighborhood. He discussed the significant sloping that occurs on the applicant’s lot and how this was a unique circumstance. He reported if this variance were to pass it would be a great example of City staff and the Planning Commission working with the applicant given the fact City Code may be outdated. He noted the City Council would make the final determination regarding this request. Commissioner Jefferys asked if there were other storage sheds on the lake that were larger than 64 square feet. Associate Planner Hartmann stated if the variance were approved, this would be the largest shed on the lake. Community Development Manager/City Planner Mrosla reported there were other larger accessory structures that were nonconforming. He noted these were permitted without current staff’s knowledge. Chair Gehrig opened the public hearing at 7:14 p.m. Chair Gehrig invited anyone for or against the application to come forward and make comment. Steve Nelson, 3475 Siems Court, indicated he did not have a problem with the proposed size of the shed. He questioned if this were approved, if he would then be allowed to build a shed that would fit his 16 foot canoe. He indicated he would love to build a boathouse, but understood this was not allowed. He anticipated approval of this request would have a trickledown effect. He reported everyone on the lake has items that need to be stored and this should be taken into consideration by the City. He did not want the natural beauty of the lake taken away by having numerous buildings and sheds on the lakeshore. Terry Pernsteiner contractor for the applicant, commented on the larger structures located on the lake, one being a two-story air conditioned boathouse. Mr. Samuelson thanked the City for working with him on this variance request. He stated he has learned a lot through this process. He explained he appreciated all of the comments he has received from the City, the Planning Commission and his neighbors. He indicated he did not want to create a problematic precedent, but rather was trying to describe the unique characteristics of his lot. There being no comment Chair Gehrig closed the public hearing at 7:23 p.m. Commissioner Jones stated the Planning Commission was not a rule making body. He reported the applicant came to the Commission in October and the request was tabled. He believed the request before the Commission was reasonable. He supported this request being forwarded to the City Council noting the Council will take into consideration additional requests may be made in the future if this item were approved. He encouraged the City Council to review City Code regarding the size of sheds and accessory structures for lakeshore properties. DRAFTARDEN HILLS PLANNING COMMISSION – December 9, 2020 7 Commissioner Wicklund asked for a brief description on what would have to be done to update City Code. Community Development Manager/City Planner Mrosla explained this would require a Zoning Ordinance Amendment, which would require public hearings, neighborhood meeting, Planning Commission review and City Council approval. Commissioner Wicklund stated for the record residents were concerned about the precedent that would be set if this variance were approved. He discussed how lake activities have changed over the years and how there may be a need to address City Code because of this. He commented because of the unique slope of the property he would be supporting the requested variance for Mr. Samuelson moving onto the City Council. Commissioner Jefferys stated she appreciated this discussion and how hard the applicant has worked to address the concerns that have been raised. She explained she believed the lake was a resource for a lot of people and for this reason, the bar has to be set higher in order for a variance to be approved. She commented on the practical difficulty standards and indicated she did not believe the applicant has a proven practical difficulty. She was of the opinion the proposed shed would change the character of the neighborhood. For this reason, she would not be supporting the variance request. Commissioner Lambeth moved and Commissioner Jones seconded a motion to recommend approval of Planning Case 20-017 for a Variance at 3493 Siems Court based on the findings of fact and the submitted plans, as amended by the four (4) conditions in the December 9, 2020, report to the Planning Commission. A roll call vote was taken. The motion carried 4- 3 (Commissioners Jefferys, Subramanian, and Vijums opposed). UNFINISHED AND NEW BUSINESS None. REPORTS A.Report from the City Council Councilmember Scott provided the Commission with an update from the City Council. He discussed the results of the recent election and noted Minnesota had a 79.956% voter turnout, which was the highest in the nation. He reported Communications Coordinator Gretchen Nedham joined the City last month. He stated the Council was working to finalize the 2021 budget and noted the Truth In Taxation Hearing would be held on Monday, December 14, 2020. He reported the Council was considering chicken keeping in the City of Arden Hills. He thanked the Commissioners for their service to the community and wished everyone Happy Holidays. B.Planning Commission Comments and Requests Chair Gehrig reported he would be stepping down from the Planning Commission after January 2021. He thanked the City for the opportunity to serve the community. DRAFTARDEN HILLS PLANNING COMMISSION – December 9, 2020 8 Commissioner Vijums thanked the City for recycling Christmas lights again this year. He asked for an update on TCAAP. Councilmember Scott reported he had no update for the Commission at this time. Commissioner Weber thanked Chair Gehrig for his service to the community on the Planning Commission. Commissioner Wicklund thanked Chair Gehrig for his efforts. He also thanked Councilmember Scott for communicating with the City Council on behalf of the Planning Commission. C.Staff Comments Community Development Manager/City Planner Mrosla thanked the Commission for all of their efforts over the past year. Commissioner Wicklund asked what process would be followed for the appointment of a new Planning Commission Chair. Community Development Manager/City Planner Mrosla described the appointment process noting the Mayor had the authority. ADJOURN Commissioner Jones moved, seconded by Commissioner Lambeth, to adjourn the December 9, 2020, Planning Commission Meeting at 7:47 p.m. A roll call vote was taken. The motion carried unanimously (7-0). 1 Planning Case #20-017 Applicant: Kye Samuelson Property Location: 3493 Siems Court Request: Variance Zoning: R-1 Single Family Residential District Land Use: Low Density Residential 2 Variance Flexibility Requested The Applicant is requesting the variance for the storage of recreational water equipment due to the rear yard topography. A variance is requested for: 1.Proposed accessory structure height:currently proposed at nine (9)feet and five (5)inches tall,eight (8)feet tall is allowed by ordinance. 3 Plan Evaluation •Subject Property is located Lake Johanna, which has a fifty (50)foot setback from the Ordinary High Water Level (OHWL). •Under City Code Section 1330.03 Subd.5,E, states that lakeshore lots are permitted one (1)accessory storage shed within the required structure setback from the OHWL. Shoreland Structure Setbacks -Meets Requirements 4 Plan Evaluation •The maximum permitted height for accessory structures located within the OHWL setback is 8 feet and is measured to the highest point of the structure. •The proposed structure is approximately 9 feet,5 inches tall Shoreland Regulations –1330.03 Subd. 5 (E,2) -Flexibility Requested 5 Plan Evaluation •The maximum width of the structure,as viewed from the water,does not exceed 10 feet. •Structure must be rotated to meet this requirement Shoreland Regulations –1330.03 Subd. 5 (E,3) 6 Plan Evaluation •The structure or facility is not designed or used for human habitation and does not contain a water supply or sewage treatment facilities. •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. •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. •The roof shall not be used as a deck or storage area. •The structure or facility is not a boathouse or boat storage structure as defined under Minnesota Statutes,Section 103G.245. Shoreland Regulations –1330.03 Subd. 5 (E,4-8) –Meets Requirements 7 Variance Requirements –Section 1355.04, Subd. 4 1.Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive Plan. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District and is guided as Low Density Residential on the Land Use Plan. 2.Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term “Practical Difficulties” as used in the granting of a variance means: 1. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the storage of recreational water equipment for a single family home is a reasonable use of an accessory structure within the Shoreland Management District. 2. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, there is a thirty (30) foot grade difference every 100 feet, which creates a very steep slope to transport lake items up to store in the garage. This is unique to the property, making it difficult to place the storage structure elsewhere. 3. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the storage shed would be 30 feet below the adjoining neighbors, The Applicant is proposing to add landscaping to assist in screening the structure and making it inconspicuous and blended to the landscape. 8 Variance Requirements –Section 1355.04, Subd. 4 –Continued 3.Economic Consideration. Economic consideration alone does not constitute a practical difficulty. According to the Applicant the proposed variance is not based on economic consideration. 4.Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. 9 Findings of Fact 1.City Staff received a land use application for a request to build an accessory structure for storage at the Subject Property 3493 Siems Court. 2.Storage of personal items is a permitted use for an accessory structure in the R -1 Single Family Residential District. 3.The Subject Property has a steep downward slope in the rear yard that prevents the Applicant from building on much of the site. 4.The Subject Property meets the minimum lot size, width, and length requirements for the R-1 District. 5.The Applicant is requesting flexibility with the maximum height for an accessory storage shed located within the Ordinary High Water Level (OHWL) setback requirement for Lake Johanna. 6.The rear yard setback requirement for a proposed accessory structure is determined by the OWHL of Lake Johanna. 7.The proposed structure is located 25.2 feet within the OHWL setback from Lake Johanna which is 50 feet. 8.The proposed storage structure would be located outside the Shore Impact Zone of Lake Johanna. 9.One (1) storage shed is permitted with the OHWL setback requirement of Lake Johanna as long as it does not exceed 100 square feet in size and eight (8) feet in height. 10.The proposed structure exceeds the height at nine (9) feet five (5) inches tall and exceeds the area dimension at 93.5 square feet. 11.The proposed structure would otherwise conform to all other requirements and standards of the R -1 district. 12.A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. 10 Motion Language Options •Approve with Conditions: Motion to approve Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of fact and the submitted plans, as amended by following conditions: •A Zoning Permit for an accessory structure shall be issued prior to commencement of construction. •The structure shall be rotated on the site so the maximum width of the accessory structure, as viewed from the water, does not exceed ten (10) feet •The exterior materials of the proposed addition shall be consistent or complementary in color, texture and quality with those visible on the existing structure. •The Applicant shall provide a landscaping plan indicating 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. Planning staff shall review and approve the screening plan prior to the issuance of Zoning Permit. •The proposed accessory structure shall conform to all other standards and regulations in the City Code. 11 Motion Language Options –Continued •Denial: Motion to deny Planning Case 20-017 for a Variance at 3493 Siems Court, based on the following findings of fact: findings to deny should specifically reference the reasons for denial. •Table: Motion to table Planning Case 20-017 for a Variance at 3493 Siems Court: a specific reason and/or information request should be included with a motion to table. This item may not be tabled unless the applicant agrees to an extension of the deadline for action 1 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-039 RESOLUTION APPROVING A VARIANCE FOR THE SUBJECT PROPERTY 3493 SIEMS COURT WHEREAS, City Staff received a land use application for a variance request to build an accessory storage structure within the Ordinary High Water Level (OHWL) setback on a property in the R- 1 district at 3493 Siems Court (“Subject Property”); WHEREAS, the Subject Property is located within the Shoreland Management District, which requires a 50 foot setback from the OHWL of Lake Johanna; WHEREAS, the City Council amended Section 1330.03 of the Zoning Ordinance to allow larger accessory structures in the Shoreland District on June 28, 2021; WHEREAS, the proposed accessory storage structure exceeds the maximum height allowed for a structure built within the OHWL setback; WHEREAS, the proposed accessory storage structure would have a height of nine and a half (9.5) feet, where the maximum height allowed for a structure within the OHWL setback is eight (8) feet; WHEREAS, a variance may be granted when it is in harmony with the general purposes and intent of the zoning ordinance if enforcement of a provision in the ordinance would cause the landowner practical difficulties; WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 500 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that does not require a public hearing; WHEREAS, the City’s obligation has been met where the Arden Hills Planning Commission duly held a hearing on December 9th 2020. All persons present at said meeting were given an opportunity to be heard and present written statements; WHEREAS the Planning Commission considered the recommendation of the City Staff that this request be approved and, as such voted 4-3 in favor of the request; and, 2 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2021-039 approving Planning Case 20-017 for a variance request at the Subject Property 3493 Siems Court to enable a structure within the OHWL setback. BE IT FURTHER RESOLVED that City Council approves Planning Case 20-017 for a variance request at the Subject Property 3493 Siems Court, based on the findings of fact and the submitted plans in the December 9th, 2020 Report to the Planning Commission, as amended by the following conditions: 1.A Zoning Permit for an accessory structure shall be issued prior to commencement of construction. 2.The structure shall be rotated on the site so the maximum width of the accessory structure, as viewed from the water, does not exceed ten (10) feet 3.The exterior materials of the proposed addition shall be consistent or complementary in color, texture and quality with those visible on the existing structure. 4.The Applicant shall provide a landscaping plan indicating 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. Planning staff shall review and approve the screening plan prior to the issuance of Zoning Permit. 5.The proposed accessory structure shall conform to all other standards and regulations in the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 12th DAY OF JULY 2021. ________________________________ Mayor Attest: ______________________________ City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage.