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HomeMy WebLinkAbout06-14-21-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 APPROVAL OF MINUTES May 10, 2021 Regular City Council 05 -10 -21 -R.PDF May 24, 2021 Special City Council Work Session 05 -24 -21 -SWS.PDF May 24, 2021 Regular City Council 05 -24 -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 Pang Silseth, Accounting Analyst MEMO.PDF Motion To Approve Resolution 2021 -034 Accepting Bid And Awarding Contract To Vinco, Inc. –Lift Station No. 10 Rehabilitation Project David Swearingen, Interim Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Resolution 2021 -032 Accepting The Coronavirus Local Fiscal Recovery Fund Established Under The American Rescue Plan Act Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -033 For Findings Of Fact And Decision Regarding A Variance At 4073 Valentine Court –Planning Case 21 -006 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Authorize City Hall Staff To Begin Summer Work Hours Beginning Tuesday, July 6, 2021 And Concluding On Friday, September 3, 2021 Julie Hanson, City Clerk MEMO.PDF Motion To Accept Resignation Of Building Official Dave Perrault, City Administrator MEMO.PDF Motion To Approve Agreement With Rum River Construction Consultants For On - Call Building Official Services Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Quarterly Special Assessments For Delinquent Utilities Gayle Bauman, Finance Director Mary Tomnitz, Accounting Clerk MEMO.PDF NEW BUSINESS Resolution 2021 -035 Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Gayle Bauman, Finance Director Mary Tomnitz, Accounting Clerk MEMO.PDF ATTACHMENT A.PDF 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 Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Steve Scott Regular City Council Agenda June 14, 2021 7:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651 -792 -7800 Website : www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. This meeting can be accessed remotely by joining via Zoom T o join the Zoom Meeting via your computer, click this link (or copy and paste it into a new browser): https://us02web.zoom.us/j/86315646317 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: 5. 5.A. Documents: 5.B. Documents: 5.C. Documents: 6. 6.A. Documents: 6.B. Documents: 6.C. Documents: 6.D. Documents: 6.E. Documents: 6.F. Documents: 6.G. Documents: 7. 8. 8.A. Documents: 9. 9.A. Documents: 9.B. Documents: 10. 11. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting.RESPONSE TO PUBLIC INQUIRIESSTAFF COMMENTSCOVID-19 UpdateDave Perrault, City Administrator MEMO.PDF Transportation Update David Swearingen, Interim Public Works Director MEMO.PDF APPROVAL OF MINUTES May 10, 2021 Regular City Council 05 -10 -21 -R.PDF May 24, 2021 Special City Council Work Session 05 -24 -21 -SWS.PDF May 24, 2021 Regular City Council 05 -24 -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 Pang Silseth, Accounting Analyst MEMO.PDF Motion To Approve Resolution 2021 -034 Accepting Bid And Awarding Contract To Vinco, Inc. –Lift Station No. 10 Rehabilitation Project David Swearingen, Interim Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Resolution 2021 -032 Accepting The Coronavirus Local Fiscal Recovery Fund Established Under The American Rescue Plan Act Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -033 For Findings Of Fact And Decision Regarding A Variance At 4073 Valentine Court –Planning Case 21 -006 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Authorize City Hall Staff To Begin Summer Work Hours Beginning Tuesday, July 6, 2021 And Concluding On Friday, September 3, 2021 Julie Hanson, City Clerk MEMO.PDF Motion To Accept Resignation Of Building Official Dave Perrault, City Administrator MEMO.PDF Motion To Approve Agreement With Rum River Construction Consultants For On - Call Building Official Services Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Quarterly Special Assessments For Delinquent Utilities Gayle Bauman, Finance Director Mary Tomnitz, Accounting Clerk MEMO.PDF NEW BUSINESS Resolution 2021 -035 Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Gayle Bauman, Finance Director Mary Tomnitz, Accounting Clerk MEMO.PDF ATTACHMENT A.PDF 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 Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott Regular City Council Agenda June 14, 20217:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting can be accessed remotely by joining via ZoomTo join the Zoom Meeting via your computer, click this link (or copy and paste it into a new browser): https://us02web.zoom.us/j/86315646317This 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: 5. 5.A. Documents: 5.B. Documents: 5.C. Documents: 6. 6.A. Documents: 6.B. Documents: 6.C. Documents: 6.D. Documents: 6.E. Documents: 6.F. Documents: 6.G. Documents: 7. 8. 8.A. Documents: 9. 9.A. Documents: 9.B. Documents: 10. 11. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting.RESPONSE TO PUBLIC INQUIRIESSTAFF COMMENTSCOVID-19 UpdateDave Perrault, City Administrator MEMO.PDFTransportation UpdateDavid Swearingen, Interim Public Works Director MEMO.PDFAPPROVAL OF MINUTESMay 10, 2021 Regular City Council05-10 -21 -R.PDFMay 24, 2021 Special City Council Work Session05-24 -21 -SWS.PDFMay 24, 2021 Regular City Council05-24 -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 DirectorPang Silseth, Accounting Analyst MEMO.PDFMotion To Approve Resolution 2021 -034 Accepting Bid And Awarding Contract To Vinco, Inc. –Lift Station No. 10 Rehabilitation ProjectDavid Swearingen, Interim Public Works Director MEMO.PDFATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Resolution 2021 -032 Accepting The Coronavirus Local Fiscal Recovery Fund Established Under The American Rescue Plan Act Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -033 For Findings Of Fact And Decision Regarding A Variance At 4073 Valentine Court –Planning Case 21 -006 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Authorize City Hall Staff To Begin Summer Work Hours Beginning Tuesday, July 6, 2021 And Concluding On Friday, September 3, 2021 Julie Hanson, City Clerk MEMO.PDF Motion To Accept Resignation Of Building Official Dave Perrault, City Administrator MEMO.PDF Motion To Approve Agreement With Rum River Construction Consultants For On - Call Building Official Services Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Quarterly Special Assessments For Delinquent Utilities Gayle Bauman, Finance Director Mary Tomnitz, Accounting Clerk MEMO.PDF NEW BUSINESS Resolution 2021 -035 Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Gayle Bauman, Finance Director Mary Tomnitz, Accounting Clerk MEMO.PDF ATTACHMENT A.PDF 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 Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott Regular City Council Agenda June 14, 20217:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting can be accessed remotely by joining via ZoomTo join the Zoom Meeting via your computer, click this link (or copy and paste it into a new browser): https://us02web.zoom.us/j/86315646317This 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:5.5.A.Documents:5.B.Documents:5.C.Documents:6.6.A.Documents:6.B.Documents: 6.C. Documents: 6.D. Documents: 6.E. Documents: 6.F. Documents: 6.G. Documents: 7. 8. 8.A. Documents: 9. 9.A. Documents: 9.B. Documents: 10. 11. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting.RESPONSE TO PUBLIC INQUIRIESSTAFF COMMENTSCOVID-19 UpdateDave Perrault, City Administrator MEMO.PDFTransportation UpdateDavid Swearingen, Interim Public Works Director MEMO.PDFAPPROVAL OF MINUTESMay 10, 2021 Regular City Council05-10 -21 -R.PDFMay 24, 2021 Special City Council Work Session05-24 -21 -SWS.PDFMay 24, 2021 Regular City Council05-24 -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 DirectorPang Silseth, Accounting Analyst MEMO.PDFMotion To Approve Resolution 2021 -034 Accepting Bid And Awarding Contract To Vinco, Inc. –Lift Station No. 10 Rehabilitation ProjectDavid Swearingen, Interim Public Works Director MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Approve Resolution 2021 -032 Accepting The Coronavirus Local Fiscal Recovery Fund Established Under The American Rescue Plan Act Gayle Bauman, Finance Director MEMO.PDFATTACHMENT A.PDFMotion To Approve Resolution 2021 -033 For Findings Of Fact And Decision Regarding A Variance At 4073 Valentine Court –Planning Case 21 -006 Jessica Jagoe, Senior Planner MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Authorize City Hall Staff To Begin Summer Work Hours Beginning Tuesday, July 6, 2021 And Concluding On Friday, September 3, 2021Julie Hanson, City Clerk MEMO.PDFMotion To Accept Resignation Of Building OfficialDave Perrault, City Administrator MEMO.PDFMotion To Approve Agreement With Rum River Construction Consultants For On -Call Building Official Services Dave Perrault, City Administrator MEMO.PDFATTACHMENT A.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 HEARINGS Quarterly Special Assessments For Delinquent Utilities Gayle Bauman, Finance Director Mary Tomnitz, Accounting Clerk MEMO.PDF NEW BUSINESS Resolution 2021 -035 Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Gayle Bauman, Finance Director Mary Tomnitz, Accounting Clerk MEMO.PDF ATTACHMENT A.PDF 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 Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott Regular City Council Agenda June 14, 20217:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting can be accessed remotely by joining via ZoomTo join the Zoom Meeting via your computer, click this link (or copy and paste it into a new browser): https://us02web.zoom.us/j/86315646317This 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:5.5.A.Documents:5.B.Documents:5.C.Documents:6.6.A.Documents:6.B.Documents:6.C.Documents:6.D.Documents:6.E.Documents:6.F.Documents:6.G.Documents:7. 8. 8.A. Documents: 9. 9.A. Documents: 9.B. Documents: 10. 11. Page 1 of 1 STAFF COMMENTS – 4A MEMORANDUM DATE: TO: FROM: June 14, 2021 Honorable Mayor and City Councilmembers Dave Perrault, City Administrator SUBJECT: COVID-19 Update Budgeted Amount: Actual Amount: Funding Source: $ $ $ A verbal update will be provided at the City Council meeting. Page 1 of 1 STAFF COMMENTS – 4B MEMORANDUM DATE: TO: FROM: June 14, 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. Approved: June 14, 2021 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MAY 10, 2021 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Note: On March 20th, 2020 the Mayor signed a determination allowing Councilmembers to participate in City Council meetings via telephone pursuant to State Statute 13D.021 Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Steve Scott Absent: None Also present: City Administrator Dave Perrault; Interim Public Works Director David Swearingen; Finance Director Gayle Bauman; 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 Amy Sopcinski, 1400 Arden View Drive, explained she lives in a townhome off of Hamline Avenue. She requested assistance from the City with her utility bill dated October 6, 2020. She reported her bill was for $944.11, which was a $700 increase from the last seven quarterly bills she received. She indicated she called the City after receiving the bill and has since had her water meter replaced. She commented she was at a loss as to why her water bill was so high for that one quarter. She noted she lives alone with an adult son and works seven days a week. She commented she did not have a hose for outdoor watering. She explained if there was a problem in her townhome unit, the January and April bills should have been off. She discussed the readings that came from her meter last summer and requested assistance from the City for the October bill. ARDEN HILLS CITY COUNCIL – MAY 10, 2021 2 Mayor Grant reported the City Council would be discussing water meters at the May 17, 2021 worksession. He encouraged Ms. Sopcinski to listen in on this meeting and noted staff would be getting back to her. Gregg Larson, 3377 North Snelling Avenue, stated that he understood the City would be moving forward with this work but was disappointed that an investment would not be made in a trail along Snelling Avenue. He expressed concern for the safety of pedestrians and bicyclists that would be forced to use the shoulder as a trail. He reported the Council could have directed staff to resurface the roadway with 11 foot wide lanes, a shoulder of no more than four feet on one side and 14 feet on the other side to be used as a trail. He indicated this would have limited the cost for the project, with the understanding this portion of roadway may have to be removed from the City’s MSA designation. Mayor Grant requested staff prepare a response to the Public Inquiries for the next regularly scheduled City Council meeting, which was May 24, 2021. 3. RESPONSE TO PUBLIC INQUIRIES A. Public Inquiry Response from April 26, 2021 City Council Meeting – Water Bill and Meter Finance Director Bauman stated the landlord and tenants at 3182 Cleveland Avenue North are disputing the water bill from first quarter 2021. She explained the landlord contacted the City the week of April 12, 2021 after receiving a copy of the first quarter bill. She noted the water consumption does appear high. She indicated staff does not know what caused the high usage, but this can be attributed to a running toilet or a faulty water softener. She stated water leaks are the responsibility of the homeowner. She noted leak letters are sent out by the City as a courtesy to homeowners. She indicated this property did not receive a leak letter in December because the water usage was intermittent. Regardless of whether or not a leak letter was sent, she reported the homeowner was responsible for the water that ran through the meter. Staff reviewed the water usage in further detail and requested direction from the Council on how to address this matter. Mayor Grant reported the Council would be addressing water meter concerns at the May 17, 2021 worksession. 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 encouraged all residents to read the governor’s latest guidance on COVID-19 mitigation measures as he will be gradually rolling back restrictions over the next several months. ARDEN HILLS CITY COUNCIL – MAY 10, 2021 3 B. Transportation Update Interim Public Works Director Swearingen provided the Council with an update on the I-35 MNPASS project. He discussed the lane changes that would occur around Highway 10 in order to allow bridge work to be completed. 5. APPROVAL OF MINUTES A. April 19, 2021, City Council Work Session B. April 26, 2021, Special City Council Work Session C. April 26, 2021, Regular City Council D. April 29, 2021, Special City Council Councilmember Holmes reported she had two minor changes to the April 19th worksession minutes and these changes were provided to the City Clerk. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the April 19, 2021, City Council Worksession minutes as amended, the April 26, 2021, Special City Council Worksession minutes, April 26, 2021, Regular City Council meeting minutes; and the April 29, 2021, Special City Council meeting minutes as printed. 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 Professional Services Agreement for Construction Engineering Services with HR Green – Hamline Avenue Crosswalks and Shorewood Drive Drainage Improvements Project C. Motion to Adopt Resolution 2021-027 Approving Plans and Specifications and Ordering Advertisement for Bids – Lift Station No. 10 Rehabilitation Project D. Motion to Approve 2021 Public Works In-House Paving Project E. Motion to Approve Joint Defense Agreement with WSB and Associates F. Motion to Accept Resignation of James Lambeth from Planning Commission MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. A roll call vote was taken. The motion carried (5-0). 7. PULLED CONSENT ITEMS None. 8. PUBLIC HEARINGS None. ARDEN HILLS CITY COUNCIL – MAY 10, 2021 4 9. NEW BUSINESS None. 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS Councilmember Scott stated he had a conversation with Dana Healy of NineNorth. He understood NineNorth would be producing a program on the 34th Infantry. He was looking forward to seeing this presentation. Councilmember Holmes thanked Planning Commissioner James Lambeth for his service to the community. Councilmember Holden requested staff provide the Council with information on the water bills and water meters prior to the May 17, 2021 worksession. Mayor Grant stated this afternoon he attended a meeting with neighboring cities and City Administrators to discuss development occurring in the community. Mayor Grant reported he would be attending the Ramsey County 911 Dispatch Committee meeting on Tuesday, May 11, 2021. Mayor Grant thanked Planning Commissioner James Lambeth for his service to the City 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 7:27 p.m. __________________________ __________________________ Julie Hanson David Grant City Clerk Mayor Approved: June 14, 2021 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL SPECIAL WORK SESSION MAY 24, 2021 5:45 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Special Work Session at 5:45 p.m. Note: On March 20th, 2020 the Mayor signed a determination allowing Councilmembers to participate in City Council meetings via telephone pursuant to State Statute 13D.021 Present: Mayor David Grant; Councilmembers Fran Holmes, Dave McClung, and Steve Scott Absent: Councilmember Brenda Holden (excused) Also present: City Administrator Dave Perrault; City Clerk Julie Hanson and City Attorney Joel Jamnik 1. AGENDA ITEMS A. Food Truck Discussion City Clerk Hanson stated that the City Council had directed staff to provide draft language amending City Code pertaining to mobile food units (food trucks) and that staff was looking for further direction. She said some points to be discussed were clarifying language regarding who may be served, limiting food trucks on residential properties to two catered events per year, requiring residential property owners to obtain a permit that could be similar to garage sales, and implementing a penalty if in violation for which the Council could assign a fine or fee if it so chooses. She indicated this draft was just a first round draft for Council discussion and depending on the direction, amendments could involve changes to Sections 395 and 320 and also the Fee Schedule. Councilmember Scott asked if food trucks need a permit under the current ordinance when serving at a one-off catered event such as a graduation party or wedding reception and asked if it was the responsibility of the resident or the business to obtain the permit. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – MAY 24, 2021 2 City Clerk Hanson stated at this time the City holds the actual vendor responsible for obtaining the license since they are the business operating at the event. She said that vendors must submit the City’s application, a Certificate of Insurance, a copy of their Minnesota Department of Health license and/Ramsey County and then also written permission from the property owner at which the food truck would be operating. Councilmember Scott asked for clarification of the temporary license. City Clerk Hanson stated generally vendors have obtained a temporary license which allows operation of 7 days or less events in a calendar year. City Administrator Perrault indicated that the vendor is technically issued a license, not a permit, and that a permit would be discussed later in the meeting as it pertains to residential properties. Councilmember Holmes asked if vendors must obtain permission from the resident in order to have the event the on the resident’s property. City Clerk Hanson stated that vendors must obtain written permission from the property owner and that this applies to all locations, commercial or residential properties. She stated she has been obtaining written permission from the host property owner prior to issuing a food truck license. Councilmember Holmes asked about locations of neighborhoods hosting food trucks in the city. City Clerk Hanson stated that last year the City was aware of one food truck event and subsequently found out this year that last summer the food trucks had been extended for several weeks. She said that so far this spring the City had been made aware of two locations in the city hosting food trucks. She indicated one property owner was following the current ordinance and providing written permission for trucks operating on their property but that she had not heard from the property owner of the other location and so had reached out to the property owner via mail. She indicated that she did not have confirmation that other location was operating and heard nothing further since the City received a complaint regarding that area. She said that it was confirmed food trucks were operating in the one area of the city and the vendors had been obtaining the required license. Councilmember Holmes asked if there were violations in the past. City Clerk Hanson replied that potentially, yes. Councilmember Holmes stated she wanted to discuss requiring a fee for a residential permit versus a free permit such as is the case for garage sales. City Administrator Perrault indicated he had spoken with Councilmember Holden who said she supported this and recommended a fee in the range of $10 to $20. Mayor Grant asked what a reasonable fee could be and what other similar permits’ fees are. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – MAY 24, 2021 3 City Clerk Hanson stated the City has garage sales and boutiques permits that are no fee permits. She said there is also a miscellaneous permit application that provides for 5K races at no fee, block parties at no fee (generally Night to Unite), sidewalk sales at $53, and solicitors/transient merchants which also have an associated permit and background check fees. She said there are various general rentals and then the actual business licenses that are more defined. Councilmember McClung stated he supports the proposal to regulate a commercial health food service activity in terms of staff time. He indicated he supports a fee be assessed to recuperate the costs of staff receiving information, answering questions, and so forth and noted the City is not trying to raise money but rather recuperate staff costs. Mayor Grant said that charging a fee would enable this function to not be overlooked and recover staff time. A short discussion ensued and the City Council agreed to implement a fee of $20 for a residential food truck permit. Councilmember Holmes asked about an administrative penalty for a resident not obtaining a permit and suggested Council discuss a fee of $100. Mayor Grant asked what the fee was for violations such as a peddler. City Clerk Hanson deferred to City Attorney Joel Jamnik as this type of particular fee is not called out currently in the Fee Schedule. City Attorney Jamnik stated that most misdemeanor violations are on a payables list and may be reduced if it goes to court. He said that having a $100 administrative penalty could be consistent with City Ordinance and other charges. Mayor Grant asked if this fee is consistent with other cities that City Attorney Jamnik represents. City Attorney Jamnik said that most cities double or triple the initial permit fee but that many do not have such a small initial fee for a permit of $20. The City Council agreed to propose a $100 administrative fine. Councilmember McClung stated regarding conditions of licensing and condition, that he would like better clarification and proposed taking the word “resident” out so there is no ambiguity as to the definition of resident. Mayor Grant agreed as he had attended a catered event in Shoreview, noting he was invited but is not a resident of Shoreview. City Attorney Jamnik indicated that the intent of the use of the word resident was to indicate a resident of the property where the truck will be located. He said the intent is to reference that food may be provided to the owners of property and their guests but not to the members of the general public. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – MAY 24, 2021 4 Councilmember McClung stated he was fine with this but would like to better clarify the language referring to resident. City Attorney Jamnik stated that the Council can clarify that the resident is the owner of the property where the truck is located and their guests. Councilmember McClung stated the purpose of an amendment is to not have a resident say that anyone they invite is a “guest” as it becomes a community event rather than a private catered event. City Attorney Jamnik noted that a fairly broad net can be cast if the City were to try to classify events and thus enforcement becomes difficult. He stated that rather the City could regulate the events as far as the number of events allowed at a property. Councilmember Holmes also questioned the word “resident” and agreed that it is ambiguous. She recommended that the permit indicate the type of event and thus not be a general invitation. She said she would prefer to use the word guests as resident is too vague. City Attorney Jamnik reiterated that limiting the number of events is being proposed just for residential properties and not commercial establishments. Councilmember Scott asked for clarification about temporary versus annual licenses and the duration of such. City Administrator Perrault stated that the maximum of no more than 21 days applies to non- residential properties of which can operate up to 21 days at the same location, but the food truck can operate in other locations in the city throughout the year. He reiterated the 21 days for an annual license refers to operation at one, single commercial location. City Attorney Jamnik concurred with the definition of the annual license as it pertains to commercial properties and reiterated the difference between a temporary and annual license. He said that under the proposed amendment, a residential property would be limited to two events at a single residence. Councilmember Holmes said yes, the food truck can operate at several residential properties as long as it is not at the same residential property more than twice. The City Council resumed discussion regarding locations and the reference to “residents” instead of “guests”. City Attorney Jamnik said his preference would be to elaborate that residents means owners or residents of the subject property and not a broader resident of the community or neighborhood. He suggested adding language to indicate that “resident” is referring to the resident of the property, the owners, the tenants or other occupants. Councilmember McClung suggested saying “sales or service may only be made to residents of the property requesting the permit and guests at the catered event”. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – MAY 24, 2021 5 A short discussion ensued about using the word resident versus owner. Councilmember McClung further refined the language to state “sales or service may only be made to the applicant of the residential permit, their family and guests at the catered event”. A discussion ensued about the ordinance being prospective or to look back in 2021. The City Council agreed to implement a residential food truck permit capped at two catered events per year prospective upon adoption of the ordinance and directed staff to bring the changes forward at the next regular meeting in June. 2. COUNCIL/STAFF COMMENTS None. ADJOURN Mayor Grant adjourned the Special City Council Work Session at 6:25 p.m. _________________________________ ________________________________ Julie Hanson David Grant City Clerk Mayor Approved: June 14, 2021 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MAY 24, 2021 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Note: On March 20th, 2020 the Mayor signed a determination allowing Councilmembers to participate in City Council meetings via telephone pursuant to State Statute 13D.021 Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Steve Scott Absent: None Also present: City Administrator Dave Perrault; Interim Public Works Director David Swearingen; Finance Director Gayle Bauman; City Attorney Joel Jamnik; Planning Consultant Jane Kansier (Bolton & Menk); Senior Planner Jessica Jagoe; City Clerk Julie Hanson; and Aaron Nielsen, MMKR 1. APPROVAL OF AGENDA MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meeting agenda as presented. A roll call vote was taken. The motion carried (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. RESPONSE TO PUBLIC INQUIRIES A. Public Inquiry Response from May 10, 2021 City Council Meeting – Water Bill ARDEN HILLS CITY COUNCIL – MAY 24, 2021 2 Finance Director Bauman reported the City Council discussed two disputed water bills at the May 17 work session and provided direction to staff. She explained staff had made the necessary adjustments to the two customer accounts and communicated the changes to the customers. B. Public Inquiry Response from May 10, 2021 City Council Meeting- Snelling Avenue Project Interim Public Works Director Swearingen stated at the May 10, 2021 City Council meeting there was a comment made regarding the direction staff was given to prepare plans and specifications for the Snelling Avenue project. He explained at the April 26, 2021 City Council meeting the Council directed staff to move forward with the recommendation within the feasibility report, Alternate 2, which has a strong emphasis on implementing safe pedestrian travel while utilizing the shoulder areas of the roadway. Staff commented further on the design proposed within Alternate 2 and discussed how the roadway would be modified and restriped. 4. PUBLIC PRESENTATIONS A. 2020 Financial Statements Aaron Nielsen, MMKR, provided the Council with a presentation on the City’s 2020 financial statements. He reported the City received an unmodified or clean opinion on its financial statements. The operation of the enterprise funds was reviewed with the Council. He discussed the General Fund revenues and expenditures in further detail and he commended the City on its strong financial position. Councilmember Holmes thanked Mr. Nielsen for his presentation. She thanked staff for working with the auditors to address the segregation of duties concern. Councilmember McClung stated he was pleased to see staff had worked very hard with the auditors to address the segregation of duties concern. Councilmember Scott congratulated staff for a job well done. Mayor Grant thanked staff and the auditors for their tremendous efforts on behalf of the community. 5. STAFF COMMENTS A. COVID-19 Update City Administrator Perrault provided the Council with an update on how the City was responding to COVID-19. He encouraged residents to visit the City’s website for the most current and up to date information regarding COVID-19. He reported the Minnesota Department of Health and CDC also had websites with current guidelines and recommendations. He explained the mask mandate was recently lifted by the governor and noted the City of Arden Hills did not have a mask mandate in place. He stated Arden Hills City Hall would remain closed to the public until further notice, not normal operations would continue. He indicated staff could be reached ARDEN HILLS CITY COUNCIL – MAY 24, 2021 3 via email or phone. He reported the City was currently planning to reopen City Hall on July 1, 2021, but that could change depending on the Governor’s decision on whether or not he’ll extend his emergency declaration. He commented the State was still awaiting receipt of federal government (ARP) funding and once received payments would be made to non-entitlement cities. B. Transportation Update Interim Public Works Director Swearingen provided the Council with an update on the I-35W MNPASS project. He encouraged residents to visit MNDOT’s website for the most current and up to date information on this project. 6. APPROVAL OF MINUTES A. May 3, 2021, Special City Council MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the May 3, 2021, Special City Council meeting minutes as amended. A roll call vote was taken. The motion carried (5-0). 7. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve 2020 City Financial Statements and Audit C. Motion to Approve Payment No. 5 – Air Express, Inc. – City Hall HVAC Replacement Project D. Motion to Approve Construction Contract for 2021 Concrete Improvement Project with Pember Companies E. Motion to Authorize Purchase of Public Works Equipment (Ford F-350, Plow and Hitch, Ford F-250) F. Motion to Approve Planning Case 21-004 – Amendment to Master Planned Unit Development and Phase 3 Final Planned Unit Development – Lexington Station Phase III G. Motion to Approve Planning Case 21-001 – 16th Amendment to Master Planned Unit Development – Boston Scientific H. Motion to Approve Watershed Maintenance Agreement with AHSL Partners LLC (Trident Development) and Stormwater Maintenance Agreement with Rice Creek Watershed – Arden Hills Senior Living I. Motion to Approve Resolution 2021-028 Appointing Kurtis Weber to the Planning Commission MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. A roll call vote was taken. The motion carried (5-0). 8. PULLED CONSENT ITEMS ARDEN HILLS CITY COUNCIL – MAY 24, 2021 4 None. 9. PUBLIC HEARINGS A. Planning Case 21-011 – Conditional Use Permit, Master Plan Planned Unit Development and Final Planned Unit Development – 3855 Lexington Avenue (Chick-Fil-A) Planning Consultant Kansier stated the proposed development site is the location of the former Perkins and is approximately 66,853 square feet (1.535 acres) in size. HR Green, on behalf of Chick-fil-A has submitted an application for Conditional Use Permit, Master Plan Planned Unit Development and Final Planned Unit Development. The Applicant is proposing to demolish the existing building on this site and construct a 4,995 square foot fast food restaurant, with dual drive-through lanes. There are two canopies, totaling approximately 3,654 square feet covering the ordering and pick-up areas. There is also a 50-stall parking lot. The Chick-fil-A building is proposed to be located on the west side of the site, with the storefront facing Lexington Avenue. The applicant is choosing to face the store front towards Lexington Avenue to attract potential new customers that are traveling along the major arterial roadway. Positioning the building in the given layout allows the applicant to begin the drive-thru lane at the north end of the lot and run it along the west property line. The proposed patio will feature six (6) tables for a total of 24 outdoor seats. Planning Consultant Kansier reviewed the Plan Evaluation, Traffic Study along with the Design Standards in detail with the Council and recommended the Council hold a public hearing. Councilmember Holden asked who owns the property directly east of this parcel. Planning Consultant Kansier stated this property was public right of way that was owned by the State and the County. Councilmember Holden asked who owned the vacant parcel to the north and west. Planning Consultant Kansier commented she was uncertain but could look this up for the Council. Mayor Grant indicated he believed the Roberts Management Group owns this property. Planning Consultant Kansier reported the owner of the property directly north of the hotel was North American Land Company. Councilmember Scott clarified the applicant would not be using brick veneer but rather would be using a thin brick on the building. Planning Consultant Kansier stated she would like clarification from the applicant on this building material. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 5 Councilmember McClung indicated the order board was quite close to the property line and would be facing the hotel. He stated this was a concern to him and questioned if the order board could be moved to another location on the site. He feared that the hours of operation for Chick- Fil-A would impact that adjacent hotel. He questioned if the applicant had addressed this concern. Planning Consultant Kansier commented there was some discussion about putting screening along the west property line. She explained the actual order board was located north of the hotel building. Councilmember McClung stated he was mostly concerned with the noise that would be generated by the drive through and how this would impact the hotel. Planning Consultant Kansier reported the drive through order board was more than 100 feet from the hotel building. Councilmember McClung supported supplemental screening along the west property line. In addition, he wanted to see all deliveries made during daily operating hours and not overnight. Councilmember Holden questioned what the hours of operation would be. Planning Consultant Kansier stated the standard hours of operation for Chick-Fil-A were 6:00 a.m. to 10:00 p.m. Councilmember Holden asked when the AM and PM peaks were for Chick-Fil-A. Planning Consultant Kansier commented the AM peak can occur between 6:00 to 9:00 a.m. and the PM peak was generally between 4:00 and 6:00 p.m. Councilmember Holden stated she was having trouble with the traffic study. She explained the traffic study was estimating the site would have 200 trips per hour and did not believe this made any sense. Planning Consultant Kansier explained she did not have enough of an traffic background to explain the statements made within the traffic study. Councilmember Holmes indicated she would like further clarification on where the order boards would be located on the site. Planning Consultant Kansier reviewed the location of the order boards on the site plan. Mayor Grant opened the public hearing at 8:00 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:01 p.m. B. Planning Case 21-005 – Zoning Code Amendment – Chapter 13, Section 1320, Subsection 1320.05 – Land Use Concept ARDEN HILLS CITY COUNCIL – MAY 24, 2021 6 Planning Consultant Kansier stated Grove Church, otherwise known as Everyday Church, (“The Applicant”) is interested in developing the property located at 1275 Red Fox Road (“Subject Property”) as a House of Worship. The Property is currently owned by ET Arden Hills LLC and is developed with a two story office building and associated parking lot. The office building is no longer in use. The Subject Property includes two access points off of Red Fox Road. The property is zoned I-FLEX, which does not permit houses of worship, or other assembly uses. Planning Consultant Kansier commented at a special work session on March 22, 2021, the Council discussed the Applicant’s proposal to develop a House of Worship in the I-FLEX District. Following the discussion, the City Council directed staff to review and propose a zoning code amendment to allow Houses of Worship in the I-FLEX District as a Conditional Use. The amendment will impact Zoning Code Section 1320.05 – Land Use Chart. At their meeting on May 5, 2021, the Planning Commission voted to recommend approval of Planning Case 21-005 to allow Houses of Worship in the I-FLEX District as a Conditional Use. Planning Consultant Kansier explained the I-FLEX District is guided as Mixed Business (MB) and Light Industrial & Office (IND) in the Arden Hills 2040 Comprehensive Plan Land Use Chapter. The MB area is designated for a variety of businesses, including commercial, certain light industrial uses, warehousing, office, general business, and retail. The expected share of uses within this area are as follows: 0% to 50% Light Industrial; 0% to 50% Retail; and 25% to 100% Office. A development intensity of up to 0.8 FAR may be allowed. The IND area is designated for a broad range of light industrial uses such as manufacturing, processing, and warehousing. This land use may also include offices. The expected share of uses within this area are as follows: 50% to 100% Light Industrial and 0% to 100% Office. A Development intensity of up to 0.8 FAR may be allowed. According to the Comprehensive Plan the total area of the MB land use is 55 acres, or 0.9% of the total land area in the City, the total area of the IND land use is 346 acres, or 5.7% of the total land area in the City. Planning Consultant Kansier reported the entire I-FLEX District is within the Red Fox/Grey Fox/Lexington Avenue Business Area which is discussed in the Land Use Chapter. This area includes Red Fox and Grey Fox roads and is bounded by Lexington Avenue, Highway 51, Interstate 694, and the Canadian Pacific railway. This area is used by a number of small and large businesses for a variety of retail, manufacturing, distribution, warehousing, and office uses. This area was largely developed between the 1950s and 1970s, though the retail area along Lexington Avenue has had some new development and redevelopment in the last 15 years. This area is marked as an area of possible redevelopment in 2040. Planning Consultant Kansier reviewed the Plan Evaluation and recommended the Council hold a public hearing. Mayor Grant opened the public hearing at 8:07 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:08 p.m. C. Planning Case 21-008 – Zoning Code Amendment – Chapter 13, Section 1330, Subsection 1330.03, Subd. 5, E – Shoreland Structure Setback ARDEN HILLS CITY COUNCIL – MAY 24, 2021 7 Planning Consultant Kansier stated in September of 2020, Kye Samuelson (“Applicant”) requested a Variance in order to construct an accessory structure near the shoreline of 3493 Siems Court (“Subject Property”) within the Shore Impact Zone of Lake Johanna. The Applicant requested a variance to build a 120 square foot accessory storage structure that encroached eighteen (18) inches into the Shore Impact Zone of Lake Johanna. The proposed structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The rationale for the variance was that the structure would be used for the storage of modern day recreational water equipment and the hardship was due to the rear yard topography. The Subject Property is zoned R- 1, Single Residential District, is located in the Shoreland Management District, and is guided as Low Density Residential on the Land Use Plan. Planning Consultant Kansier reported at its October 7, 2020 meeting, the Planning Commission voted to table the request to allow the Applicant to revise their plans to better conform to the Shoreland Ordinance provisions. The Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. The Applicant then proposed to construct an accessory structure that would be nine and a half (9.5) feet tall and ninety-three and a half (93.5) square feet in size. However, the proposed structure still required a variance due to the proposed height and area that exceeded current ordinance standards. At its December 9, 2020 meeting the Planning Commission reviewed and discussed the updated application. The Planning Commission voted 4-3 to approve the planning case. Planning Consultant Kansier commented at its January 11, 2021 meeting the City Council reviewed Planning Case 20-017. The City Council voted unanimously to table this planning case to allow them to review the existing accessory structure size standards for the Shoreland District. The Applicant signed a 6-month Extension Form, requiring the City Council to take action on the variance request by July 12, 2021. At its February 16, 2021 meeting the City Council discussed increasing the permitted size of accessory structures within the Ordinary High Water Level (OHWL) setback. The City Council directed staff to draft ordinance language to increase the size of accessory structures located within the OHWL setback. The City Council did not support increase the height of accessory structures located within the OHWL setback. Planning Consultant Kansier explained following this meeting, staff drafted ordinance language and sent the language to the DNR for review. At its April 19, 2021 Work Session, the City Council reviewed the proposed amendment to the zoning code and directed staff to bring the draft language to the Planning Commission for review. Staff received written comments from the DNR prior to the Planning Commission meeting. A full evaluation of the proposal was presented to the Planning Commission on May 5, 2021. At this meeting, the Planning Commission voted to approve Planning Case 21-008 with some amendments. Planning Consultant Kansier stated during the May 5, 2021 Planning Commission Meeting, a resident noted that the classification of Lake Johanna in the Arden Hills City Code as a general development lake is inconsistent with the classification of Lake Johanna on the Minnesota Department of Natural Resource’s website as a recreational development lake. Since this meeting, staff has been in contact with the DNR to discuss this inconsistency. The DNR noted that this inconsistency was identified in 1984 and the City of Arden Hills passed a resolution requesting the DNR to change their classification to Lake Johanna to a general development lake to match ARDEN HILLS CITY COUNCIL – MAY 24, 2021 8 the classification in the Arden Hills City Code. Unfortunately, the resolution was never sent to the DNR, and the classification was never changed. With consent of the Arden Hills City Council, the DNR is willing to accept the 1985 resolution and update their classification of the lake to match that of Arden Hills. Planning Consultant Kansier reviewed the Plan Evaluation in further detail with the Council and recommended the Council hold a public hearing. Mayor Grant opened the public hearing at 8:15 p.m. Kye Samuelson, 3493 Siems Court, thanked the Council for considering this issue on behalf of the residents that live on Arden Hills lakes. He appreciated that fact that both practicality of the structure and beautification of the lake was considered within this Ordinance. He stated he would appreciate more information from the Council regarding the proposed building height and why the structures had to be parallel to the lakeshore. He explained there were a number of unique properties along the lakes that had existing structures and he questioned why existing foot prints had to be utilized. Gregg Larson, 3377 North Snelling Avenue, explained he made the Planning Commission aware of the fact the Arden Hills Shoreland Zoning Ordinance was inconsistent with the DNR’s lake classification for Lake Johanna. He discussed the differences between a general development lake and a recreational development lake. He noted Lake Johanna has a surface area of 230 acres and three miles of shoreline. He explained Lake Johanna was clearly a recreational development lake. He stated this was important to understand because there was a difference in the setbacks required for recreational development lakes (35 feet from OHWL) versus general development lakes (25 feet from OHWL). He indicated this helped to enhance the aesthetics of smaller lakes and to provide for more screening between the setback and the lake. He discussed how the improper classification of Lake Johanna, Karth Lake and Little Johanna in the City were impacting the community. He encouraged the Council to put this item on hold so the City could properly inform the lakeshore owners about the correction that was needed. Mayor Grant closed the public hearing at 8:24 p.m. 10. NEW BUSINESS A. Planning Case 21-011 – Conditional Use Permit (Resolution 2021-029), Master Plan Planned Unit Development and Final Planned Unit Development – 3855 Lexington Avenue (Chick-Fil-A) Planning Consultant Kansier stated HR Green, on behalf of Chick-fil-A has submitted an application for Conditional Use Permit, Master Plan Planned Unit Development and Final Planned Unit Development. The proposed development site is the location of the former Perkins and is approximately 66,853 square feet (1.535 acres) in size. The Applicant is proposing to demolish the existing building on this site and construct a 4,995 square foot fast food restaurant, with dual drive-through lanes. There are two canopies, totaling approximately 3,654 square feet covering the ordering and pick-up areas. There is also a 50-stall parking lot. The Chick-fil-A building is proposed to be located on the west side of the site, with the storefront facing Lexington ARDEN HILLS CITY COUNCIL – MAY 24, 2021 9 Avenue. The applicant is choosing to face the store front towards Lexington Avenue to attract potential new customers that are traveling along the major arterial roadway. Positioning the building in the given layout allows the applicant to begin the drive-thru lane at the north end of the lot and run it along the west property line. The proposed patio will feature 6 tables for a total of 24 outdoor seats. Planning Consultant Kansier reviewed the request in further detail and offered the following Findings of Fact: 1. The property located at 3855 Lexington Avenue is designated for Commercial uses on the 2040 Comprehensive Plan. 2. The applicant has proposed a Master Plan Planned Unit Development, Final Planned Unit Development and Conditional Use Permit in order to construct a fast food restaurant with drive-through lanes. 3. The Final PUD substantially conforms with the requirements of the City Code. 4. Where the plan is not in conformance with the City Code, flexibility has been requested by the applicant and/or conditions have been placed on an approval that would mitigate the nonconformity. 5. Flexibility through the PUD process has been requested in the following areas: lot size, minimum landscape coverage, building height and parking requirements. 6. The proposed development plan meets or exceeds the minimum requirements of the City Code in the following areas: accessory structure setbacks, drive-through facility setbacks, drive-through facility landscaping setbacks, and number of parking spaces. 7. Fast food restaurants with drive-through facilities area allowed as a conditional use in the B-3 District. 8. All new developments or redevelopments in the B-3 district require a planned unit development. 9. The adjacent properties to the south and west are zoned B-3 and are guided for Commercial use in the Arden Hills 2040 Comprehensive Plan. 10. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Planning Consultant Kansier stated the Planning Commission reviewed this application at their May 5, 2021 meeting. At that time, they recommended approval of the Chick-fil-A application for a Conditional Use Permit, Master Planned Unit Development and Final Planned Unit Development by a 4-0 vote. Staff recommended approval of Resolution 2021-029, approving the Conditional Use for Planning Case 21-011 at 3855 Lexington Avenue, based on the findings of fact and the submitted materials. In addition, staff recommended approval of Planning Case 21- 011 for a Master Plan Planned Unit Development and a Final Planned Unit Development at 3855 Lexington Avenue, based on the findings of fact and submitted plans, subject to the following conditions: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to the plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 10 2. The Conditional Use Permit and Planned Unit Development approvals shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. 3. Prior to the issuance of building permits, the Applicant shall enter into a Planned Unit Development Agreement. 4. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 5. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. Other than wash or architectural lighting, attached security lighting shall be shoebox style, downward directed with flush lenses. If complaints are received the lighting adjacent to residential uses shall utilize house shields as directed by the City. In addition, any lighting under canopies (building entries) shall be recessed and use a flush lens. 6. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be those in effect at the time of Final Plat approval and shall be memorialized in the Development Agreement. 7. A right-of-way permit shall be required for work performed within the City right-of-way. 8. No exterior storage shall be permitted. 9. Prior to the issuance of a land disturbance permit, the Applicant shall submit an operation and maintenance plan for the long-term care of all on-site and off-site stormwater, sanitary sewer, and water main to the City for review and approval. The Applicant will be responsible to carry out these operation and maintenance activities and to submit the appropriate documentation to the City as specified. 10. Any future trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 11. Prior to the issuance of a building permit, a landscape financial security in the amount of 125% of the estimated cost of the landscaping shall be submitted. Landscape financial security is held for two full growing seasons. 12. Before construction, grading, or land clearing begins, trees or tree areas that are to be preserved shall be visibly marked and city-approved tree protection fencing or other method shall be installed and maintained at the critical root zones of the trees to be protected. The location of the fencing shall be in conformance with the approved tree preservation plan and approved by staff in writing. 13. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 14. All fencing and retaining wall materials shall be complementary to the building materials and shall be approved in writing by the Planning Division prior to issuance of a building permit. Retaining walls greater than four (4) feet in height shall be engineered and detailed calculations shall be submitted to the City. 15. Prior to City Council, the Applicant shall submit a materials board to be approved in writing by staff. 16. A Grading and Erosion permit shall be obtained from the city’s Engineering Division prior to commencing any grading, land disturbance or utility activities. The Developer shall be responsible for obtaining any permits necessary from other agencies, including but not ARDEN HILLS CITY COUNCIL – MAY 24, 2021 11 limited to, MPCA, Rice Creek Watershed District, and Ramsey County, MNDOT prior to the start of any site activities. 17. The Applicant shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 18. Prior to the issuance Grading and Erosion permit, the Engineering Department shall review and approve final grading and utility plans in writing. 19. The Applicant must meet MPCA noise guidelines. 20. Noise screening must be approved by City staff that addresses the ordering stations. Planning Consultant Kansier reviewed the options available to the City Council on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Councilmember McClung requested further information regarding the sidewalk alignment. Planning Consultant Kansier reviewed the location of the sidewalks on the site plan. Councilmember McClung suggested Condition 20 be amended to note the ordering stations refer to the western most ordering stations. Councilmember Scott asked if the exterior building material would be a brick veneer or full depth brick. Justin Lurk, Chick-Fil-A representative, reported the building would have full depth brick. Councilmember Holden questioned if there would be only four lights in the parking lot. She asked what type of lights would be installed. Joe Vavrina, HR Green representative, reviewed the photometric plan in detail with the Council. Councilmember Holden inquired how tall the light poles would be. Mr. Vavrina indicated the poles would be 25 feet in height. He reported the lights in the drive through would be installed under the canopy and would not be installed on 25 foot poles. Councilmember Holden suggested Chick-Fil-A consider using 20 foot light poles in order to reduce the impact on the adjacent property. She suggested a four or six inch skirt be considered on the canopy to keep the light down and away from the adjacent hotel property. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 12 Mr. Vavrina noted the lights would be downlit within the canopies. He stated he has not been required to install a skirt before and indicated he was not certain how this would impact vehicles. Planning Consultant Kansier commented it would benefit the City to have a photometric plan that went all the way to the property line. Councilmember Holden asked what lights would remain on after the business closed for the night. Mr. Vavrina stated he was almost certain that the canopy lights would turn off overnight and the parking lot lights would remain on during the evening hours. Mr. Lurk discussed the enhanced landscaping buffer that would be installed on the western property line. He explained this would create a year round screen to break down some of the light spill, if there is any. Councilmember Holden questioned if the hotel knew about the proposed landscaping buffer. Mr. Lurk reported his team spoke with the hotel owner and they supported the proposed landscaping buffer. Councilmember Holden commented she was concerned with the lights and the light wash that would spill over to the hotel property. She discussed how the operation of a Chick-Fil-A differed from Perkins. Councilmember Holmes stated she was interested in mitigating the light coming from the order boards. Mr. Lurk reviewed the location of the order boards and discussed how traffic would flow through the site. It was noted the speakers for the order boards face west. He reported all MPCA requirements were being met for the sound system on the site. Councilmember Holmes questioned if the grassy median would remain in place between the hotel and Chick-Fil-A. Mr. Lurk stated this would remain in place. He commented further on the proposed landscaping plan. Further discussion ensued regarding the HVAC unit locations and MPCA requirements for the sound coming from this site. Councilmember Holden requested further information regarding the traffic study. Mr. Lurk discussed the trip generation and daily trip data within the traffic study. Councilmember Holden questioned how many trips would be coming and going to this site per day. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 13 Mr. Lurk estimated the site would have around 2,500 trips per day which meant there would be 1,250 cars coming in and 1,250 cars going out. He estimated 40% to 50% of these trips were already traveling in the network and the remainder would be vehicles coming from outside the area to the restaurant. He commented further on the mid-day and evening peaks. Councilmember Holden asked if one lane of the drive thru would be shut down during non-peak times. Mr. Lurk stated the site would have the option of shutting down the outer lane during non-peak hours. Councilmember McClung discussed the City’s delivery policy and questioned if Chick-Fil-A understood the City’s ordinance requirements. Mr. Lurk reported he understood the delivery Ordinance. Councilmember Scott asked if any of the exterior walls would be washed with lighting. Mr. Vavrina reported there would be sconces on the south, east and north faces, with only one sconce near the pick up window on the west face. Mayor Grant recommended a motion be put on the floor for Council consideration. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve Planning Case 21-011 for a Master Plan Planned Unit Development (PUD) and a Final Planned Unit Development at 3855 Lexington Avenue, based on the findings of fact and submitted plans, and the twenty (20) conditions in the May 24, 2021, Report to the City Council. AMENDMENT: Councilmember McClung moved and Councilmember Holden seconded a motion to amend Condition 20 to read: Noise screening consisting of supplemental tree and vegetation plantings along the west property line, screening the order and pick up stations, must be approved by City staff. A roll call vote was taken. The amendment to Condition 20 carried (5- 0). AMENDMENT: Councilmember McClung moved and Councilmember Holden seconded a motion to add Condition 21 to read: Refuse collection and all deliveries are subject to applicable Arden Hills City Ordinances which prohibit overnight deliveries. A roll call vote was taken. The amendment to add Condition 21 carried (5-0). ARDEN HILLS CITY COUNCIL – MAY 24, 2021 14 Councilmember Holden indicated she would like to remove Condition 19 because the applicant would have to meet State law for all noise standards. She stated this would require renumbering of the conditions. AMENDMENT: Councilmember Holden moved and Councilmember Holmes seconded a motion to remove Condition 19. A roll call vote was taken. The amendment to remove the original Condition 19 carried (5-0). AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 22 to read: The water connection will be a wet tap and there will be no service disruption to other businesses in the area. Councilmember Holmes asked why this was necessary. Councilmember Holden stated this requirement would ensure that when the site was hooked up to City water the surrounding businesses were not impacted. Interim Public Works Director Swearingen reported the existing water service on the site cannot be used so a wet tap or pressure tap would have to be used to run water service to the new building. Mr. Lurk explained he supported this recommendation. A roll call vote was taken. The amendment to add Condition 22 carried 4-1 (Councilmember Scott opposed). AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 23 to read: The most western drive thru lane will be closed before 8:00 a.m. and after 9:00 p.m. Mayor Grant requested comment from the applicant regarding the proposed condition. Mr. Lurk stated this condition would take the flexibility away from the operator, but he understood the notion. Councilmember Holmes commented she would not support this amendment. She recommended the applicant be allowed to open or close the lane when needed. She questioned how the City would be able to enforce or patrol this. She supported the business being a good neighbor and recommended the City allow Chick-Fil-A to operate as they see fit. Councilmember Holden reported if issues were to arise, Chick-Fil-A could request a change to the times in the future. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 15 A roll call vote was taken. The amendment to add Condition 23 carried 3-2 (Councilmembers Holmes and Scott opposed). AMENDMENT: Councilmember Holden moved and Councilmember Holmes seconded a motion to add Condition 24 to read: The landscaping along the west property line on hotel property will be maintained by Chick-Fil-A. A roll call vote was taken. The amendment to add Condition 24 carried (5-0). Councilmember Holden asked if she could add a condition requiring the canopy lights in each lane to be placed on a separate switch. City Attorney Jamnik reported this could be done and noted a glare shield could also be required. AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 25 to read: The canopy lights in each lane shall be put on separate switches. Councilmember Holmes believed this condition was too cumbersome for the applicant. She noted the hotel would have lights on in the parking lot. She indicated she would not be supporting this condition. Councilmember Scott anticipated turning off the lights in one lane of the drive thru would not greatly impact the adjacent hotel. For this reason, he would not be supporting the amendment. Mayor Grant commented he believed it was wise to have the lanes on separate switches and that this was best done up front. A roll call vote was taken. The amendment to add Condition 25 carried 3-2 (Councilmembers Holmes and Scott opposed) AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 26 to read: The western most canopy will have its lights shut off at 9:00 p.m. A roll call vote was taken. The amendment to add Condition 26 carried 3-2 (Councilmembers Holmes and Scott opposed). AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 27 to read: A stop sign shall be installed at Red Fox Road. Councilmember Holmes questioned why the proposed stop sign was 16 feet back. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 16 Mr. Lurk reported this was to accommodate the sidewalk that would run to the west. He reported the stop sign could be moved five feet further to the south. Councilmember Scott stated he did not have enough knowledge to say one way or the other on this. Councilmember Holmes indicated she was confused. She noted there was not a stop sign at Lexington Plaza. She believed people seemed to know to stop before coming out of a parking lot. She commented if the intent was to stop traffic before the crosswalk, then the proposed location would work. Planning Consultant Kansier reviewed the site plan and noted the location of the proposed stop sign at Red Fox Road. Councilmember Holden stated she was trying to have a stop sign at the parking lot exit at Red Fox Road. Mr. Lurk explained typically you wanted to stop traffic before they got to the crosswalk. He indicated it was not typical to have two stop signs only 10 to 15 feet apart. City Attorney Jamnik reported when trails are separated by a boulevard back from the road right of way, some cities have put a small sign up for trail crossing and a larger stop sign at the road entrance. However, he deferred this matter to the City Engineer or County traffic safety individuals. He suggested this condition be amended to require the applicant to verify with City and County Engineers what signage approach would work at this intersection. Councilmember Holden withdrew her amendment to add Condition 27. Councilmember McClung withdrew his second. AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 27 to read: The City Engineer and the County Engineer will verify with the applicant what signage approach should be installed at the intersection of Red Fox Road. A roll call vote was taken. The amendment to add Condition 27 carried (5-0). A roll call vote was taken. The amended motion to approve Planning Case 21- 011 for a Master Plan Planned Unit Development (PUD) and a Final Planned Unit Development at 3855 Lexington Avenue, based on the findings of fact and submitted plans, the twenty (20) conditions as presented in in the May 24, 2021, Report to the City Council and the addition of Conditions 20, 21, 22, 23, 24, 25, 26 and 27 carried (5-0). B. Planning Case 21-005 – Ordinance 2021-003 Zoning Code Amendment – Chapter 13, Section 1320, Subsection 1320.05 – Land Use Charter ARDEN HILLS CITY COUNCIL – MAY 24, 2021 17 Planning Consultant Kansier stated Grove Church, otherwise known as Everyday Church, (“The Applicant”) has submitted an application for an amendment to the language of Chapter 13 – Zoning Code of the Arden Hills City Code to allow for Houses of Worship as a Conditional Use in the I-FLEX District in City Code Section 1320.05 – Land Use Chart. The applicant is interested in developing the property located at 1275 Red Fox Road (“Subject Property”) as a House of Worship. The Property is currently owned by ET Arden Hills LLC and is developed with a two- story office building and associated parking lot. The office building is no longer in use. The property is zoned I-FLEX, which does not permit houses of worship, or other assembly uses. Staff reported the City Council was asked to hold the required public hearing for Planning Case 21-005 under Agenda Item 9B. Planning Consultant Kansier offered the following Findings of Fact: 1. The City of Arden Hills is proposing amendments to the language of Chapter 13 – Zoning Code of the City Code. 2. The Subject Property is located in the I-FLEX Zoning District. 3. Under City Code Section 1320.05, Houses of Worship are not allowed in the I-FLEX District. 4. The City is proposing to alter Section 1320.05 to allow Houses of Worship as a Conditional Use in the I-FLEX District. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 6. If this amendment is approved, the Applicant will submit a Conditional Use Permit application for the permitting of Grove Community Church (Everyday Church) at the Subject Property. Planning Consultant Kansier explained the Planning Commission reviewed this application at their May 5, 2021 meeting. At that time, they recommended approval of Planning Case 21-005 for an amendment to the language of Chapter 13 – Zoning Code of the Arden Hills City Code to allow for Houses of Worship as a Conditional Use in the I-FLEX District in City Code Section 1320.05 – Land Use Chart by a 4-0 vote. Planning Consultant Kansier reviewed the options available to the City Council on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve Planning Case 21-005 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Places of Worship as a Conditional Use in the I-Flex District as presented in the May 5, 2021 Report to the Planning Commission. A roll call vote was taken. The motion carried (5-0). ARDEN HILLS CITY COUNCIL – MAY 24, 2021 18 Mayor Grant reported it was now 10:00 p.m. and the Council needed a motion to extend the meeting. MOTION: Councilmember Holden moved and Councilmember Scott seconded a motion to extend the City Council meeting for 30 minutes to 10:30 p.m. A roll call vote was taken. The motion carried (5-0). C. Planning Case 21-008 – Ordinance 2021-004 Zoning Code Amendment – Chapter 13, Section 1330, Subsection 1330.03, Subd. 5, E – Shoreland Structure Setback Planning Consultant Kansier stated the City Council was asked to hold the required public hearing for Planning Case 21-008 under Agenda Item 9C. Staff offered the following Findings of Fact for this request: 1. The City of Arden Hills is proposing amendments to the language of Chapter 13 – Zoning Code of the City Code. 2. The City of Arden Hills is proposing to permit accessory storage sheds within the required structure setback from the ordinary high water level of up to 100 square feet in size and 8 feet in height. 3. Amendments to the Shoreland Regulations require approval from the Minnesota DNR. 4. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Planning Consultant Kansier explained the e Planning Commission reviewed this application at their May 5, 2021 meeting. At that time, they recommended approval with amendments of Planning Case 21-008 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to permit accessory storage sheds of up to 100 square feet in size and 8 feet in height within the required structure setback from the ordinary high water level by a 4-0 vote. Planning Consultant Kansier reviewed the options available to the City Council on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Councilmember Holden stated she supported tabling this item to a future work session in order to address the lake designation concerns. Mayor Grant indicated this particular request was specific to the actual structure itself and not what type of lake it was. Planning Consultant Kansier reported this was the case. Mayor Grant asked what the timeline was for approving this matter. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 19 Planning Consultant Kansier explained the zoning amendment was initiated by the City Council. However, the variance request that triggered this action had to be considered by the Council prior to July 12, 2021. Councilmember Holmes supported the Council taking action on this item tonight. Councilmember Holden reported if the classification of the lake were to change, Mr. Samuelson would be allowed to have his structure 25 feet from the OHWL and every future request would have to be set back 35 feet. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to table action on Planning Case 21-008 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to a future City Council worksession meeting. A roll call vote was taken. The motion carried 3-2 (Councilmembers McClung and Scott opposed). D. Planning Case 21-006 – Resolution 2021-030 – Variance at 4073 Valentine Court Planning Consultant Kansier stated Robert Kunze (“Applicant”) is requesting a variance to decrease the required side yard setback of his single-family detached dwelling on the Subject Property from 40 feet to 7.82 feet for a proposed garage addition. The Subject Property is zoned R-1, Single Family Residential District, and is guided as Low Density Residential in the land use plan. Section 1320.06 of the Arden Hills City Code requires a side yard setback of 40 feet on corner lots. According to the Applicant’s narrative submitted as a part of his application, the Subject Property includes unique circumstances due to its nontraditional shape. The front of the property includes one curved section and three straight sections that make it difficult for the applicant to conform to current setback regulations. The Subject Property is a legal non- conforming lot, as the required side yard setback for corner lots was ten (10) feet when the property was built in 1953. The Applicant is requesting the proposed garage addition to allow for more storage space for his vehicles and additional space to store woodworking equipment. The proposed garage addition would meet applicable building codes and all other regulations in the R- 1 District. The applicant would not be able to construct the proposed garage addition without a variance. Planning Consultant Kansier reported the City Council is being asked to determine if a variance request for flexibility with the side yard setback of a corner lot should be approved. The sketches that have been submitted show the location of the proposed garage addition and the proposed driveway addition. The evaluation of the proposal should be based on the District Provisions in Section 1320 and the Requirements for a Variance in Section 1355.04, Subd. 4. At their meeting on May 5, 2021, the Planning Commission voted to recommend approval of Planning Case 21- 006 with conditions to allow at side yard setback variance at the Subject Property. A full evaluation of the proposal was presented to the Planning Commission at the May 5th meeting. Planning Consultant Kansier reviewed the Plan Evaluation and offered the following Findings of Fact: ARDEN HILLS CITY COUNCIL – MAY 24, 2021 20 1. City Staff received a land use application for a variance request to decrease the minimum side yard setback on a single family dwelling at the Subject Property 4073 Valentine Court. 2. A single-family detached dwelling is a permitted use in the R-1 district. 3. The Subject Property is non-conforming with the R-1 district’s standards for minimum side yard setbacks on a corner lot. 4. The proposed garage addition would be located 7.82 feet from the Northwest side yard property line. 5. The proposed garage addition of the subject parcel would conform to all other requirements and standards of the R-1 district. 6. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. 7. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Planning Consultant Kansier explained the Planning Commission reviewed this application at their May 5, 2021 meeting. At that time, they recommended approval with conditions of Planning Case 21-006 for a side yard setback variance at 4073 Valentine Court by a 4-0 vote. Planning Consultant Kansier reviewed the options available to the City Council on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Councilmember Holden asked if the red pine trees had been removed. Planning Consultant Kansier explained the red pines were located within the right of way and were not on the applicant’s property. Robert Kunze, 4037 Valentine Avenue, stated when he first began working with Mike Mrosla, he was told a new tree survey was not required. For this reason, the trees on the plan were inaccurate. He noted the red pines have been removed because the lower branches died. Councilmember Holden questioned how the red pines were removed. Mr. Kunze indicated he hired a contractor to remove the trees. Councilmember Holden noted for the record that Mr. Kunze removed the red pines that were located in the City right of way. She then questioned what new screening material was planted. Mr. Kunze reported he planted the new screening material prior to removing the red pines. Councilmember Holden stated she could not support this request. She indicated the garage could be pushed back 10 feet and there would be ample room. She did not understand why the City right of way was being used for screening and space for the garage. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 21 Councilmember Holmes agreed noting she did not believe the applicant had shown a practical difficulty in this case. She did not believe the lot was so unique that a variance should be granted. Councilmember Scott explained he would be supporting the variance. He reported he drove by this property and he understood the need to enclose vehicles and equipment in a structure. He believed there was ample screening on this property to support this variance request. Councilmember McClung commented he would be supporting the application as well. He indicated he spent some time on the property with the homeowner and talked over the options. He stated after he walked the lot, he had a greater appreciation for the request. He reported Mr. Kunze was a long time resident of Arden Hills and he would like to do something meaningful with his retirement. He noted not one resident in the neighborhood has opposed this request. Councilmember Holden questioned if a tree dies in the right of way would the City be responsible for removing this tree. She did not believe this made sense. Mayor Grant stated that there appeared to be alternatives for this property and he did not know if these alternatives have been captured. He stated the amount of variance was considerable and for this reason he would not be supporting this variance. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to deny Planning Case 21-006 for a Variance at 4073 Valentine Court based on the following rationale: 1. The subject property did not have enough room for screening except for using City right of way. 2. The variance amount was excessive. 3. There are alternatives for increasing storage space on that property other than a third stall on the garage. A roll call vote was taken. The motion carried 3-2 (Councilmembers McClung and Scott opposed). 11. UNFINISHED BUSINESS None. 12. COUNCIL COMMENTS Councilmember McClung stated he believed it was unfortunate the City Council denied the variance request. Councilmember Holden reported the Rotary was making four little libraries for the City of Arden Hills. She requested the Council provide her with addresses of existing little libraries because she would like to make a map for the City. ARDEN HILLS CITY COUNCIL – MAY 24, 2021 22 ADJOURN MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to adjourn. A roll call vote was taken. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 10:25 p.m. __________________________ __________________________ Julie Hanson David Grant City Clerk Mayor CONSENT ITEM 6A MEMORANDUM DATE: June 14, 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 #11 ……………………………………………………………. $78,730.00 2021 Payroll #12 ……………………………………………………………. $100,326.61 Total Payroll $179,056.61 Paid Claims--- 05/15/2021 through 06/04/2021 (Check Nos. 50078-50114 and ACH Checks) ……………………………... $154,989.91 Total Accounts Payable $154,989.91 Total Claims $334,046.52 CITY OF ARDEN HILLS PAYROLL # 11 CHECKS DATED: 05/28/21 Biweekly: 05/08/21 - 05/21/21 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 5,989.86 EFT SIT 2,694.48 EFT FICA Oasdi 3,991.37 EFT FICA Medicare 933.49 EFT TOTAL TAXES 13,609.20 Health Premium 1,689.54 A/P Check* Dental Premium 241.97 A/P Check* FSA Health Care Reimb. 0.00 A/P Check* FSA Dependent Care Reimb. 0.00 A/P Check* TOTAL FLEXIBLE SPENDING 1,931.51 HSA Health Saving 473.33 Health Care Savings Plan-Retirement 0.00 EFT Health Care Savings Plan-2% 404.23 EFT Health Care Savings Plan-4% 452.80 EFT TOTAL HEALTH SAVINGS 1,330.36 PERA 3,961.76 EFT ICMA 2,441.92 EFT Central Pension Fund-Union 614.40 A/P Check* MN State Retirement System 750.00 EFT TOTAL RETIREMENT 7,768.08 IUOE 49 Dues (Union) 140.00 A/P Check* LTD/STD Insurance 0.00 A/P Check* PERA Life Insurance 32.00 A/P Check* Life/Addl/Dep Life 77.24 A/P Check* Life/Addl non-tax 26.10 A/P Check* UNUM 19.51 A/P Check* AFLAC 22.76 EFT TOTAL VOLUNTARY 317.61 Total Employee Deductions 24,956.76 Net Payroll 0.00 Direct Deposit 42,731.18 EFT Gross Payroll Tie-Out 67,687.94 Plus City Paid Benefit 11,042.06 TOTAL PAYROLL COST 78,730.00 FICA TIE-OUT Gross Payroll 67,687.94 Less Total FSA 1,931.51 Less Total H.SA 1,330.36 Less Voluntary Ins 48.86 Net P/R Subject to FICA 64,377.21 FICA Oasdi @ 6.20% 3,991.37 FICA Medicare @ 1.45% 933.49 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 3,991.37 933.49 4,924.86 999.22 0.00 999.22 125.00 125.00 4,571.24 421.74 4,992.98 0.00 0.00 CITY OF ARDEN HILLS PAYROLL # 12 CHECKS DATED: 06/11/21 Biweekly: 05/22/21 - 06/04/21 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 6,528.27 EFT SIT 2,884.19 EFT FICA Oasdi 4,173.50 EFT FICA Medicare 976.08 EFT TOTAL TAXES 14,562.04 Health Premium 1,528.96 A/P Check* Dental Premium 217.50 A/P Check* FSA Health Care Reimb.A/P Check* FSA Dependent Care Reimb.A/P Check* TOTAL FLEXIBLE SPENDING 1,746.46 HSA Health Saving 473.33 Health Care Savings Plan-Retirement 0.00 EFT Health Care Savings Plan-2% 430.38 EFT Health Care Savings Plan-4% 405.82 EFT TOTAL HEALTH SAVINGS 1,309.53 PERA 4,078.62 EFT ICMA 2,408.70 EFT Central Pension Fund-Union 614.40 A/P Check* MN State Retirement System 750.00 EFT TOTAL RETIREMENT 7,851.72 IUOE 49 Dues (Union) 140.00 A/P Check* LTD/STD Insurance 1,112.26 A/P Check* PERA Life Insurance 32.00 A/P Check* Life/Addl/Dep Life 77.24 A/P Check* Life/Addl non-tax 26.10 A/P Check* UNUM 19.51 A/P Check* AFLAC 22.76 EFT TOTAL VOLUNTARY 1,429.87 Total Employee Deductions 26,899.62 Net Payroll 0.00 Direct Deposit 43,519.73 EFT Gross Payroll Tie-Out 70,419.35 Plus City Paid Benefit 29,907.26 TOTAL PAYROLL COST 100,326.61 FICA TIE-OUT Gross Payroll 70,419.35 Less Total FSA 1,746.46 Less Total H.SA 1,309.53 Less Voluntary Ins 48.86 Net P/R Subject to FICA 67,314.50 FICA Oasdi @ 6.20% 4,173.50 FICA Medicare @ 1.45% 976.08 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. 90.30 90.30 1,250.00 4,706.09 421.74 5,127.83 18,289.55 1,250.00 5,149.58 17,849.00 440.55 CITY BENEFIT 4,173.50 976.08 Accounts Payable User: Printed: Pang.Silseth 6/10/2021 12:49 PM Checks by Date - Detail by Check Date Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0230 MTI DISTRIBUTING CO INC 05/21/2021ACH 1301995-00 Supplies 308.79 1302010-00 Supplies 106.50 415.29Total for this ACH Check for Vendor 0230: 0292 OXYGEN SERVICE COMPANY INC 05/21/2021ACH 03492644 March rental 26.40 26.40Total for this ACH Check for Vendor 0292: 0750 VERIZON WIRELESS 05/21/2021ACH 9879521659 Service 5/11-6/10 337.58 337.58Total for this ACH Check for Vendor 0750: 10363 MINUTE MAKER SECRETARIAL 05/21/2021ACH M1272 4/26-5/10 meetings 489.00 M1272 4/26-5/10 meetings 366.50 855.50Total for this ACH Check for Vendor 10363: 1125 BOLTON & MENK INC 05/21/2021ACH 0268014 Engineering 2021 PMP Glenpaul 17,526.50 17,526.50Total for this ACH Check for Vendor 1125: 5180 THE TESSMAN COMPANY LLC 05/21/2021ACH S335006-IN Herbicide 538.53 538.53Total for this ACH Check for Vendor 5180: 5587 CES IMAGING INC 05/21/2021ACH INV127118 May rental 60.00 60.00Total for this ACH Check for Vendor 5587: 6060 BATTERIES PLUS 05/21/2021ACH P39489008 Battery for roller 27.00 P39489008 Battery for roller 107.95 134.95Total for this ACH Check for Vendor 6060: alpi ALLEGRA PRINT & IMAGING INC 05/21/2021ACH 162967 May newsletter 1,323.79 163036 Business card - JJ 130.54 1,454.33Total for this ACH Check for Vendor alpi: astl ASTLEFORD INTERNATIONAL 05/21/202150078 01S2078.04 Repairs Intl 7400 #85120 3,429.26 Page 1AP Checks by Date - Detail by Check Date (6/10/2021 12:49 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 3,429.26Total for Check Number 50078: 0719 CITY OF ST PAUL 05/21/202150079 IN45344 Ashpalt mix 3 tons 200.79 200.79Total for Check Number 50079: 1033 COMCAST 05/21/202150080 44271.0621 Service 5/21-6/20 6.57 6.57Total for Check Number 50080: 1193 FURTHER INC 05/21/202150081 6103.0521 May participant fees 41.25 41.25Total for Check Number 50081: idai IDEAL ADVERTISING INC 05/21/202150082 51509 Recreation shirts and hats 2,221.50 2,221.50Total for Check Number 50082: 0600 NCPERS GROUP LIFE INS 05/21/202150083 315800.0621 June insurance 64.00 64.00Total for Check Number 50083: 10250 PEAK STAFFING INC 05/21/202150084 47485 Office Support 5/10-5/14 150.00 47485 Office Support 5/10-5/14 150.00 47485 Office Support 5/10-5/14 37.50 47485 Office Support 5/10-5/14 112.50 47485 Office Support 5/10-5/14 112.50 47485 Office Support 5/10-5/14 825.00 47485 Office Support 5/10-5/14 112.50 1,500.00Total for Check Number 50084: 1208 PREMIUM WATERS INC 05/21/202150085 610207-04-21 Water April 3.00 613317-04-21 Water April 33.48 36.48Total for Check Number 50085: 0811 RAMSEY COUNTY 05/21/202150086 FLEET-000636 April fuel 2,041.84 FLEET-000640 April Equip services and parts 4,455.00 FLEET-000640 April Equip services and parts 2,786.57 PUBW-019129 Road salt Jan-Apr 17,618.00 26,901.41Total for Check Number 50086: 10354 ST. PAUL PIONEER PRESS 05/21/202150087 0421572589 Legal notice Snelling Ave/CR E 140.40 0421572589 Legal notice Summary Ord 2021-002 35.10 0421572589 Legal notice PC21-001 Boston Sci #553 33.75 0421572589 Legal notice PC21-006 4073 Valentine #565 36.90 0421572589 Legal notice PC21-004 3787 Lexington #556 33.75 0421572589 Legal notice PC21-005 I-Flex #566 39.60 0421572589 Legal notice PC21-002 Bethel #554 34.20 0421572589 Legal notice PC21-008 Shoreland Ord 42.30 Page 2AP Checks by Date - Detail by Check Date (6/10/2021 12:49 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0421572589 Legal notice PC21-003 Chic-fil-a #564 44.10 440.10Total for Check Number 50087: 0336 T.A. SCHIFSKY & SONS INC 05/21/202150088 67080 Aggregate purchases 4/25-5/1 997.64 67111 Aggregate purchases 5/2-5/8 2,068.96 3,066.60Total for Check Number 50088: 3099 TRI STATE BOBCAT INC-LITTLE CANADA05/21/202150089 A87149 Rock bucket attachment 1,500.00 A87150 Supplies 183.69 E30673 Tiller rentals for garden plots 1,650.00 3,333.69Total for Check Number 50089: 10413 ULTEIG ENGINEERS INC 05/21/202150090 104767 Sewer easement - Pine Tree Dr 900.00 900.00Total for Check Number 50090: 63,490.73Total for 5/21/2021: 0382 ICMA RETIREMENT TRUST - 106944 05/28/2021ACH PR 21-11 PR Batch 00200.05.2021 ICMA Employer Percent 401PR Batch 00200.05.2021 ICMA Employer Percent 401 421.74 PR 21-11 PR Batch 00200.05.2021 ICMA Employee Percent 401PR Batch 00200.05.2021 ICMA Employee Percent 401 365.51 787.25Total for this ACH Check for Vendor 0382: 0387 ICMA RETIREMENT TRUST #302482 05/28/2021ACH PR 21-11 PR Batch 00200.05.2021 ICMA Employee PercentPR Batch 00200.05.2021 ICMA Employee Percent 264.87 PR 21-11 PR Batch 00200.05.2021 ICMA Employee DeductionPR Batch 00200.05.2021 ICMA Employee Deduction 1,811.54 2,076.41Total for this ACH Check for Vendor 0387: 1252 CAMPBELL KNUTSON - ATTORNEYS AT LAW05/28/2021ACH 3231G-0421 April Legal Services 415.70 3231G-0421 April Legal PC 19-002 #403 401.50 3231G-0421 April Legal Services 31.00 3231G-0421 April Legal PC 20-001 #553 701.40 3231G-0421 April Legal PC 20-010 #506 124.00 3231G-0421 April Legal Services 294.50 3231G-0421 April Legal Services 124.00 3231G-0421 April Legal PC 21-004 #556 399.40 3231G-0421 April Legal PC 20-004 #550 1,069.50 3231G-0421 April Legal Services 2,636.10 6,197.10Total for this ACH Check for Vendor 1252: 5493 JOLENE TRAUBA 05/28/2021ACH 5212021 Mileage Reimbursement 4/2-5/20 74.30 5212021 Expense Reimbursement 32.41 106.71Total for this ACH Check for Vendor 5493: 7025 ON SITE COMPANIES -OSSTC INC 05/28/2021ACH 1125332 Restrooms 5/15-6/11 622.00 622.00Total for this ACH Check for Vendor 7025: Page 3AP Checks by Date - Detail by Check Date (6/10/2021 12:49 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 10453 AIR EXPRESS INC 05/28/202150091 HVAC Pay 5 HVAC Project Pmt 5 36,200.00 HVAC Pay 5 HVAC Project Pmt 5 -1,810.00 34,390.00Total for Check Number 50091: 10200 BADGER STATE INSPECTION LLC 05/28/202150092 1000941 Inspection Escrow #390 5,870.00 1000942 Inspection Escrow #447 2,430.00 8,300.00Total for Check Number 50092: 0155 OFFICE OF MN IT SERVICES 05/28/202150093 W21040584 April Phones 736.14 736.14Total for Check Number 50093: 10250 PEAK STAFFING INC 05/28/202150094 47492 Office Support 5/17-5/21 112.50 47492 Office Support 5/17-5/21 112.50 47492 Office Support 5/17-5/21 112.50 47492 Office Support 5/17-5/21 150.00 47492 Office Support 5/17-5/21 825.00 47492 Office Support 5/17-5/21 150.00 47492 Office Support 5/17-5/21 37.50 1,500.00Total for Check Number 50094: 6748 RELIANCE STANDARD 05/28/202150095 GL154938.0621 June Insurance 1,393.54 1,393.54Total for Check Number 50095: UB*00473 The GW Agency LTD 05/28/202150096 Refund Check 006926-000, 3182 Cleveland Avenue N 1,343.71 1,343.71Total for Check Number 50096: 57,452.86Total for 5/28/2021: 0327 STAPLES INC 06/04/2021ACH 3476652425 Supplies 12.79 3476652425 Supplies 60.45 3476652426 Supplies 6.88 3476892029 Supplies 166.99 3477022766 Supplies 3.79 3477699232 Supplies 31.28 3477699233 Supplies 31.78 313.96Total for this ACH Check for Vendor 0327: 0922 NORTH SUBURBAN ACCESS CORPORATION06/04/2021ACH 2021-079 Production Svcs: April 1,019.25 1,019.25Total for this ACH Check for Vendor 0922: 1115 WSB & ASSOCIATES INC 06/04/2021ACH R-017451-000-4 ESRI Cloud-EA Migration-April 1,105.00 R-017880-000-1 GIS Services-April 1,549.50 Page 4AP Checks by Date - Detail by Check Date (6/10/2021 12:49 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 2,654.50Total for this ACH Check for Vendor 1115: 1330 MN CLN SERVICES INC 06/04/2021ACH 0621NN01 May Janitorial 2,005.58 2,005.58Total for this ACH Check for Vendor 1330: 5548 FINANCE & COMMERCE INC 06/04/2021ACH 745059388 Lift Station 10 Bid 206.95 206.95Total for this ACH Check for Vendor 5548: JOHC JOHNSON CONTROLS INC 06/04/2021ACH 1-104832191252 Part: Temp Sensor 19.55 19.55Total for this ACH Check for Vendor JOHC: MNLI MINNESOTA NATIVE LANDSCAPES INC06/04/2021ACH 29039 Spring Mowing 450.00 450.00Total for this ACH Check for Vendor MNLI: 5593 AMERICAN LEGAL PUBLISHING CORP 06/04/202150097 8605 Supplement Pages Ord 2021-002 9.00 9.00Total for Check Number 50097: UB*00474 Catherine Callahan 06/04/202150098 Refund Check 002016-000, 2009 County Road D W 142.34 142.34Total for Check Number 50098: CPF1 CENTRAL PENSION FUND 06/04/202150099 184503.0521 May Pension 1,228.80 1,228.80Total for Check Number 50099: UB*00478 William Cross 06/04/202150100 Refund Check 001129-000, 1780 Venus Avenue 252.07 252.07Total for Check Number 50100: 0495 LAKE JOHANNA FIRE DEPARTMENT INC06/04/202150101 808 2021 Reimb Equip: Dashboard 1,312.50 1,312.50Total for Check Number 50101: UB*00479 Bonnie Lambrecht 06/04/202150102 Refund Check 002525-000, 3244 New Brighton Road 1.82 1.82Total for Check Number 50102: 10362 MARCO TECHNOLOGIES LLC 06/04/202150103 INV8770025 Copier Service 5/25-6/24 77.18 INV8770025 Copier Service 5/25-6/24 13.62 90.80Total for Check Number 50103: 0257 MINNESOTA DEPT OF HEALTH 06/04/202150104 Q2-2021 Q2-2021 Water Connection 6,432.00 Page 5AP Checks by Date - Detail by Check Date (6/10/2021 12:49 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 6,432.00Total for Check Number 50104: 10331 PAGEFREEZER SOFTWARE INC 06/04/202150105 INV-9733 Records Compliance Renew: 7/21-6/22 3,588.00 3,588.00Total for Check Number 50105: 10250 PEAK STAFFING INC 06/04/202150106 47496 Office Support 5/24-5/28 773.44 47496 Office Support 5/24-5/28 140.61 47496 Office Support 5/24-5/28 140.63 47496 Office Support 5/24-5/28 105.47 47496 Office Support 5/24-5/28 105.47 47496 Office Support 5/24-5/28 105.47 47496 Office Support 5/24-5/28 35.16 1,406.25Total for Check Number 50106: UB*00475 Gertrude & Chester Pikus 06/04/202150107 Refund Check 000298-000, 4127 Gale Circle 64.41 64.41Total for Check Number 50107: 3100 PROVIDENT LIFE AND ACCIDENT INS CO06/04/202150108 E0471136.0521 May Insurance 39.02 39.02Total for Check Number 50108: UB*00476 Jaclyn & Michael Quackenbush 06/04/202150109 Refund Check 008252-000, 1695 Valentine Avenue 12.30 12.30Total for Check Number 50109: 10279 QUADIENT LEASING USA IINC 06/04/202150110 N8752441 Q1 2021 Postage Lease 1,297.71 N8891950 Q2 2021 Postage Lease 1,297.71 2,595.42Total for Check Number 50110: 0282 REPUBLIC SERVICES #899 06/04/202150111 0899-003725791 Recycling-May 8,433.50 0899-003725791 Recycling-May -944.05 7,489.45Total for Check Number 50111: UB*00477 Todd Rose 06/04/202150112 Refund Check 001897-000, 1921 Glenpaul Avenue 27.82 27.82Total for Check Number 50112: UB*00472 Kris & Stephanie Rydberg 06/04/202150113 Refund Check 001208-000, 1435 County Road E W 284.53 284.53Total for Check Number 50113: 6225 SAND CREEK EAP LLC 06/04/202150114 SDC2146-IN EAP Annual Contract 2,400.00 2,400.00Total for Check Number 50114: 34,046.32Total for 6/4/2021: Page 6AP Checks by Date - Detail by Check Date (6/10/2021 12:49 PM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription Report Total (58 checks): 154,989.91 Page 7AP Checks by Date - Detail by Check Date (6/10/2021 12:49 PM) Page 1 of 2 DATE: June 14, 2021 TO: Honorable Mayor and City Councilmembers David Perrault, City Administrator FROM: David Swearingen, Interim Public Works Director SUBJECT: Lift Station 10 Rehabilitation Project - Contract Award Budgeted Amount: Actual Amount: Funding Sources: $180,000 $260,422 Sanitary Sewer Fund Council Should Consider Motions to approve, table, or deny the following: •Resolution 2021-034 Accepting Bid and Awarding the Lift Station 10 Rehabilitation Project contract to Vinco Inc. in the amount of $130,700.00. All items need a simple majority for action unless otherwise noted. Discussion The City’s Capital Improvement Program identifies rehabilitation work for Lift Station No. 10 located near the intersection of Cleveland Avenue and County Road E2. The lift station has been in service for 31 years in the current configuration. Several improvements have been identified, including the need to replace the aging pumps, check valves, air release valves and control panel. This lift station also encounters problems with sewer flow backing up into the upstream manhole due to the bottom elevation of the lift station wet well having minimal elevation drop from the upstream gravity sewer. On June 22, 2020, the City Council approved professional services with Bolton & Menk for planning, design and construction. On May 10, 2021 City Council approved plans and specifications and ordered advertisement for bids. On June 3, 2021, there were a total of five bids received. The following table lists the bidders name and their total bid: CONSENT ITEM – 6B MEMORANDUM Page 2 of 2 Bidder Total Bid Vinco Inc. $130,700.00 Pember Companies, Inc. $134,750.00 Minger Construction $145,000.00 CCS Contracting, Inc. $148,400.00 Penn Contracting, Inc. $249,500.00 The low bid, with the addition of the pumps and panel that are to be procured by the City, comes to $210,815 which is lower than the Engineer’s estimate of $290,000. The difference is an indication there is still competitive bidding even with the current higher material prices. Bolton & Menk has worked with Vinco Inc. on a few projects and does not see any concerns with their performance on lift station projects. Attached is a letter (Attachment A) from Bolton & Menk recommending award to Vinco Inc. as the lowest responsible/responsive bidder. Attachment B is Resolution 2021-034 awarding the Lift Station 10 Rehabilitation Project to Vinco Inc. in the amount of $130,700.00. Staff recommends adoption of Resolution 2021-034. Budget Impact A summary of the estimated project costs and funding sources is provided below: Total Project Costs Construction Cost $ 130,700.00 Pumps and Control Panel $ 80,115.00 Engineering Services $ 49,400.00 (Includes Construction Admin.) Misc. (Legal, Ads) $ 206.95 TOTAL $ 260,421.95 . This project will be covered by the sanitary sewer fund but the total project cost is $80,422 over the budgeted amount. This will need to be factored in when creating the 2022-2026 CIP plan and determining the 2022 Sewer rates. Attachments Attachment A: Bolton & Menk Bid Evaluation Letter Attachment B: Resolution 2021-034 Awarding the Contract Attachment C: Notice of Award to Contractor for Construction Contract H:\ARDH\M20121694\1_Corres\C_To Others\Bid Evaluation Letter.docx June 4, 2021 City of Arden Hills Mr. David Swearingen 1245 W Hwy 96 Arden Hills, MN 55112 Re: Bid Results Lift Station 10 Rehabilitation Arden Hills, Minnesota BMI Project No. M20.121694 Dear Mr. Swearingen: Five (5) bids were submitted for the Lift Station 10 Rehabilitation project on June 3, 2021. The bids ranged from $130,700.00 to $249,500.00. The City is directly procuring the pumps and controls so those costs should be added to the bid costs to get the total construction costs. The Engineer’s Estimate for this project was $290,000.00 and this amount includes the pumps and controls. The low bid price is from Vinco, Inc. The following is a bid summary: Contractor Total Base Bid Vinco $130,700.00 Pember Companies $134,750.00 Minger Construction $145,000.00 CCS Contracting, Inc $148,400.00 Penn Contracting, Inc $249,500.00 Based on the summary above, if the City Council wishes to award the Project to the lowest bidder, then Vinco, Inc., should be awarded the Project on the Total Base Bid Amount of $130,700.00. Sincerely, Bolton & Menk, Inc. Seth A. Peterson, P.E. (MN, WI) Principal Environmental Engineer 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. 2021-034 RESOLUTION ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT FOR THE LIFT STATION 10 REHABILITATION PROJECT WHEREAS, pursuant to an advertisement for bids for the Lift Station 10 Rehabilitation Project, bids were received, opened, and tabulated according to the law, and the following bids were received complying with the advertisement: Vinco Inc. $130,700.00 Pember Companies, Inc. $134,750.00 Minger Construction $145,000.00 CCS Contracting, Inc. $148,400.00 Penn Contracting, Inc. $249,500.00 and; WHEREAS, it appears that Vinco, Inc. of Forest Lake, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with Vinco, Inc. Forest Lake, Minnesota in the name of the City of Arden Hills for the Lift Station 10 Rehabilitation Project according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder i shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 14TH DAY OF JUNE, 2021. ________________________________ David Grant, Mayor ATTEST: Julie Hanson, City Clerk EJCDC® C-510, Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 NOTICE OF AWARD Date of Issuance: Owner: City of Arden Hills, Minnesota Owner's Contract No.: Engineer: Bolton & Menk, Inc. Engineer's Project No.: M20.121694 Project: Lift Station 10 Rehabilitation Arden Hills, MN Contract Name: Lift Station 10 Rehabilitation Arden Hills, MN Bidder: Vinco, Inc. Bidder’s Address: 18995 North Forest Blvd, Forest Lake, MN 55025 TO BIDDER: You are notified that Owner has accepted your Bid dated June 3, 2021 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: _________________________________________ Lift Station 10 Rehabilitation The Contract Price of the awarded Contract is: $ 130,700.00 Four (4) unexecuted counterparts of the Agreement accompany this Notice of Award, and no copies of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. a set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of this Notice of Award: 1. Deliver to Owner [ 4 ] counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Deliver to Owner executed SECTION 00515 RESPONSIBLE CONTRACTOR NOTICE OF AWARD, and SECTION 00516 SUPPLEMENTAL CONTRACTOR VERIFICATION OF COMPLIANCE in accordance with Minn. Stat. 16C.285 subd.3 Subclauses (1) to (7). Delivery is a condition precedent to execution of this contract and failure to submit these forms shall be cause for the Owner to cancel Award of Contract and declare your Bid security forfeited. 4. Other conditions precedent (if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: City of Arden Hills, Minnesota Authorized Signature By: Title: Copy: Engineer CONSENT ITEM – 6C MEMORANDUM DATE: June 14, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director SUBJECT: Resolution Accepting American Rescue Plan Funds Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: • Resolution 2021-032, Accepting the Coronavirus Local Fiscal Recovery Fund Established Under the American Rescue Plan Act All items need a simple majority for action unless otherwise noted. Discussion The attached resolution was developed by the League of Minnesota Cities to accept ARPA funds. There is not a specific requirement in the law that cities pass a resolution, but it is a formal way to acknowledge that the City will be receiving the funds and grants staff the authority to take the necessary steps once the process is open through Minnesota Management and Budget. We were notified that the state has finally received the funds and expect the distribution to the City to occur sometime in July. Budget Impact Eligible uses of the funds include: a. to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; b. to respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers of the State, territory, or Tribal / local government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; c. for the provision of government services to the extent of the reduction in revenue of such State, territory, or Tribal / local government due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or Tribal government prior to the emergency; or d. to make necessary investments in water, sewer, or broadband infrastructure. The criteria are different for these funds and staff will plan on bringing forward more specifics on what is or is not eligible at the June work session. Council will be asked for their priorities as to the use of these funds during the work session and staff will begin work to develop a plan based on this initial discussion. Attachments A. Resolution 2021-032 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. 2021-032 RESOLUTION TO ACCEPT THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT WHEREAS, since the first case of coronavirus disease 2019 (COVID-19) was discovered in the United States in January 2020, the disease has infected over 32 million and killed over 575,000 Americans (“Pandemic”). The disease has impacted every part of life: as social distancing became a necessity, businesses closed, schools transitioned to remote education, travel was sharply reduced, and millions of Americans lost their jobs; WHEREAS, as a result of the Pandemic cities have been called on to respond to the needs of their communities through the prevention, treatment, and vaccination of COVID-19. WHEREAS, city revenues, businesses and nonprofits in the city have faced economic impacts due to the Pandemic. WHEREAS, Congress adopted the American Rescue Plan Act in March 2021 (“ARPA”) which included $65 billion in recovery funds for cities across the country. WHEREAS, ARPA funds are intended to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID- 19 in their communities, residents, and businesses. WHEREAS, $1,079,505 has been allocated to the City of Arden Hills (“City”) pursuant to the ARPA (“Allocation”). WHEREAS, the United States Department of Treasury has adopted guidance regarding the use of ARPA funds. WHEREAS, the City, in response to the Pandemic, has had expenditures and anticipates future expenditures consistent with the Department of Treasury’s ARPA guidance. WHEREAS, the State of Minnesota will distribute ARPA funds to the City because its population is less than 50,000. 12231574v1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that 1. The City intends to collect its share of ARPA funds from the State of Minnesota to use in a manner consistent with the Department of Treasury’s guidance. 2. City staff, together with the Mayor and the City Attorney are hereby authorized to take any actions necessary to receive the City’s share of ARPA funds from the State of Minnesota for expenses incurred because of the Pandemic. 3. City staff, together with the Mayor and the City Attorney are hereby authorized to make recommendations to the City Council for future expenditures that may be reimbursed with ARPA funds. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 14 DAY OF June, 2021. ________________________________ David Grant, Mayor ATTEST: ______________________________ Julie Hanson, City Clerk Page 1 of 2 CONSENT ITEM – 6D MEMORANDUM DATE: June 14, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Findings of Fact and Decision Regarding Application of Robert Kunze for a Variance at Property 4073 Valentine Court (Planning Case 21-006) Budgeted Amount: Actual Amount: Funding Source: $ $ Council Should Consider Motions to approve, table, or deny the following: • Motion to adopt Resolution 2021-033 for the Findings of Fact and Decision Regarding Application of Robert Kunze for a Variance at Property 4073 Valentine Court in Planning Case 21-006. All items need a simple majority for action unless otherwise noted. Background/Discussion On May 24, 2021, the City Council considered the application of Robert Kunze for a Variance to decrease the required side yard setback from 40 feet to 7.82 feet for the addition of a proposed garage at 4073 Valentine Court (Planning Case 21-006). The application for the proposed Variance was denied by a 3-2 vote. The City Council directed the City Attorney to prepare formal findings for review and approval by the Council at its next regular meeting. The City Attorney has completed the Findings of Fact and Decision document, which is included in Attachment B. Page 2 of 2 Budget Impact N/A Attachments A. Resolution 2021-033 B. Findings of Fact and Decision CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-033 RESOLUTION DENYING A VARIANCE FOR THE SUBJECT PROPERTY 4073 VALENTINE COURT WHEREAS, City Staff received a land use application for a variance request to decrease the required side yard setback from 40 feet to 7.82 feet for the addition of a proposed garage in the R-1 District at 4073 Valentine Court (“Subject Property”); WHEREAS, the Subject Property is a non-conforming lot that does not meet the R-1 District standards for side yard setback for corner lot requirements; 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 he ld a hearing on May 5th, 2021. 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 4-0 in favor of the request; WHEREAS the City Council considered the recommendation of the Planning Commission on May 24th, 2021 and determined that the variance request was not justified by the findings of fact provided; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2021-033 denying Planning Case 21-006 for a variance request at the Subject Property 4073 Valentine Court to decrease the required side yard setback from 40 feet to 7.82 feet for the addition of a proposed garage. 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. BE IT FURTHER RESOLVED that City Council denies Planning Case 21-006 for a variance request at the Subject Property 4073 Valentine Court, based on the findings of fact and the submitted plans in the May 24, 2021 Report to the City Council: 1. The Subject Property located at 4073 Valentine Court is located in the R-1 Single Family Residential District, and is guided as Low Density Residential in the land use plan, and is currently non-conforming because it does not meet the R-1 District standards for side yard setback on a corner lot: Section 1320.06 of the Arden Hills City Code requires a side yard setback of 40 feet on corner lots. 2. The City received the Applicant’s Application for a Variance on March 31, 2021 requesting a variance to decrease the required side yard setback from 40 feet to 7.82 feet to accommodate the proposed garage addition. The rectangular shaped lot, though relatively narrow compared to its length, is of substantial size for lots in the neighborhood, having a lot area over twice the minimum lot size of 14,000 square feet (property is 37,541 square feet). 3. The scope or scale of the Variance request is very large, asking to reduce a 40 foot setback to 7.82 feet. 4. The large Variance request would further reduce the green space in the side yard area and require ongoing maintenance of the current screening, or further plantings to provide additional screening, all of which would need to be located it the City’s right-of-way. 5. Granting of the Variance would increase responsibility on the City to maintain vegetative buffer from the traveled portion of the right-of-way. 6. The size and layout of the Subject Property provides multiple alternative options for the Applicant that would allow for increased accessory structure and floor area, and the shape of the lot is not unique in that lots in the neighborhood all have odd shapes and sizes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 14th DAY OF JUNE, 2021. Mayor____________________________ Attest: ______________________________ City Clerk 215713v3 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA IN RE: APPLICATION OF ROBERT KUNZE FOR VARIANCE FOR PROPERTY AT 4073 VALENTINE COURT, ARDEN HILLS, MINNESOTA (PLANNING CASE 21-006) FINDINGS OF FACT AND DECISION The City received the Applicant’s Application for a Variance on March 31, 2021. On May 5, 2021, the Arden Hills Planning Commission met to consider the application of Robert Kunze (“Applicant”) to decrease the required side yard setback of the single-family detached dwelling located at 4073 Valentine Court, Arden Hills, Minnesota (“Subject Property”) from 40 feet to 7.82 feet for the addition of a proposed garage. The Applicant presented that the Subject Property includes unique circumstances due to its non-traditional shape. The front of the Subject Property includes one curved section and three straight sections that make it difficult for the Applicant to conform to current setback requirements. The proposed garage would be an added third stall to the existing garage and would be located 7.82 feet from the northwest side yard property line. A public meeting notice was mailed to property owners within 500 feet of the Subject Property and was published in the Pioneer Press. The Planning Commission duly held a hearing on May 5th and all persons present at said meeting were given an opportunity to be heard and present written statements. On May 24th, the City Council considered the following information on the proposal: the application and materials submitted by the Applicant; materials and reports provided by City Staff; information from the Public Hearing and Planning Commission meetings on the application including its report and recommendation; written comments and testimony from all interested persons; and based upon its knowledge of the Subject Property, the neighborhood and the community, now makes the following: FINDINGS OF FACT 1. The Subject Property located at 4073 Valentine Court is located in the R-1 Single Family Residential District, and is guided as Low Density Residential in the land use plan, and is currently non-conforming because it does not meet the R-1 District standards for side 215713v3 yard setback on a corner lot: Section 1320.06 of the Arden Hills City Code requires a side yard setback of 40 feet on corner lots. 2. The City received the Applicant’s Application for a Variance on March 31, 2021 requesting a variance to decrease the required side yard setback from 40 feet to 7.82 feet to accommodate the proposed garage addition. The rectangular shaped lot, though relatively narrow compared to its length, is of substantial size for lots in the neighborhood, having a lot area over twice the minimum lot size of 14,000 square feet (property is 37,541 square feet). 3. The scope or scale of the Variance request is very large, asking to reduce a 40 foot setback to 7.82 feet. 4. The large Variance request would further reduce the green space in the side yard area and require ongoing maintenance of the current screening, or further plantings to provide additional screening, all of which would need to be located it the City’s right-of-way. 5. Granting of the Variance would increase responsibility on the City to maintain vegetative buffer from the traveled portion of the right-of-way. 6. The size and layout of the Subject Property provides multiple alternative options for the Applicant that would allow for increased accessory structure and floor area, and the shape of the lot is not unique in that lots in the neighborhood all have odd shapes and sizes. DECISION Based upon these Findings of Fact and the Council’s knowledge of the Subject Property, the neighborhood and the community, the application for the proposed Variance, the City Council hereby denies Applicant’s Variance request. ADOPTED by the Arden Hills City Council this _____ day of ___________, 2021. CITY OF ARDEN HILLS By: _______________________________ David Grant, Its Mayor ATTEST: ____________________________________ Julie Hanson, Its City Clerk Page 1 of 1 CONSENT ITEM – 6E MEMORANDUM DATE: June 14, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, City Clerk SUBJECT: Summer Hours for City Hall staff beginning Tuesday, July 6, 2021 and concluding Friday, September 3, 2021 Budgeted Amount: Actual Amount: Funding Source: $ $ $ Council Should Consider Motions to approve, table, or deny the following: • Summer hours for City Hall staff beginning Tuesday, July 6, 2021 and concluding the last work day prior to Labor Day (Friday, September 3, 2021). All items need a simple majority for action unless otherwise noted. Background/Discussion For many years, the City has changed its hours to “summer hours”. These hours allow for extended hours of service for construction contractors and residents who have construction projects or other City business during the summer months. Note Maintenance Facility staff commenced a summer schedule on June 1st as outlined below. The traditional and “summer hours” are as follows: Traditional Hours Summer Hours City Hall Staff 8:00 a.m. to 4:30 p.m. Monday – Friday 7:30 a.m. to 5:00 p.m. Monday – Thursday 7:30 a.m. to 11:30 a.m. on Friday Maintenance Facility Staff 7:00 a.m. to 3:30 p.m. Monday – Friday 6:30 a.m. to 4:00 p.m. Monday – Thursday 6:30 a.m. to 10:30 a.m. on Friday Page 1 of 1 CONSENT ITEM – 6F MEMORANDUM DATE: June 14, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Resignation of Building Official Budgeted Amount: Actual Amount: Funding Source: $N/A $N/A N/A Council Should Consider Motions to approve, table, or deny the following: • The resignation of the Building Official, Rob Ward. All items need a simple majority for action unless otherwise noted. Background The Building Official submitted their resignation with a last day June 10, 2021. Budget Impact N/A Attachments N/A Page 1 of 1 CONSENT ITEM – 6G MEMORANDUM DATE: June 14, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Agreement with Rum River Construction Consultants for On-Call Building Official Services Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Agreement with Rum River Construction Consultants for On-Call Building Official Services All items need a simple majority for action unless otherwise noted. Background Following the resignation of the Building Official, the City is in need of additional Building Official services to back up the current Building Inspector. Rum River Construction Consultants has provided the City with an agreement that would allow for Rum River to provide Building Official services as needed for both residential and commercial properties. Rum River will charge either $95 per hour for ad-hoc inspections or seventy percent of fees where they handle the project from plan review to completion. The City Administrator and Building Inspector will determine how and when Rum River will be utilized. Budget Impact N/A Attachments Attachment A: Agreement with Rum River for Building Official Services CITY OF ARDEN HILLS RAMSEY COUNTY STATE OF MINNESOTA AGREEMENT FOR BUILDING OFFICIAL SERVICES This Agreement for Building Official Services (the “Agreement”) is entered into on this______ day of ______________, 2021, by and between the City of Arden Hills (the “Municipality”) and Rum River Ventures, LLC DBA Rum River Construction Consultants (the “Contractor”). RECITALS WHEREAS, the Municipality is in need of professional services to fulfill the needs of their building inspection services pursuant to Minn. Stat. § 326B.133; and WHEREAS, Contractor has substantial experience as a Building Official and providing building department inspection services implementing the State Building Code and is otherwise qualified to assist the Municipality on an as needed basis for the same; and WHEREAS, the Municipality desires to contract with Contractor to act as a Building Official and/or provide building inspection services for the Municipality; and WHEREAS, Contractor is engaged in an independent business and has complied with all federal, state, and local laws regarding business permits and licenses of any kind that may be required to carry out said business and the tasks as set forth in this Agreement; and WHEREAS, Contractor is an independent contractor and may be engaged to perform the same or similar activities for other municipalities during the term of this Agreement, and that Contractor shall not work solely on behalf of Municipality. NOW, THEREFORE, for the reasons set forth above, and in consideration of the mutual promises and covenants made herein, it is agreed as follows: I.Services. Contractor shall provide services to the Municipality on an as requested basis for the prices set forth on Exhibit A attached hereto (the “Services”). Contractor shall perform the Services in the capacity of a Certified Building Official, at the direction of the Chief Building Official and/or City Administrator, under Minn. Stat. § 326B.133, in accordance with the Minnesota State Building Code, applicable Municipality Ordinances, and applicable Minnesota law. The Municipality understands that all transportation expenses incurred in the course of performing the Services shall be the responsibility of the Contractor. Contractor reserves the right to change the prices and services offered on Exhibit A from time to time, and shall provide the Municipality 30 days written notice in advance of any such changes. Municipality agrees that in the course of performing the Services, Contractor is acting as a public official on the Municipality’s behalf. 1 II.Term. This Agreement shall commence on the date first written above and shall continue for a period of one year therefrom, at which time the Agreement shall automatically renew on a yearly basis until or unless terminated as specified below. III.Performance. Contractor shall maintain licenses by the State of Minnesota as a Certified Building Official and by the Minnesota Pollution Control Agency as a Certified Inspector for on-site septic systems. Contractor shall perform the Services in a manner consistent with that of a reasonable and prudent Building Official. Contractor shall maintain an adequate set of records in Municipality property files of all dates, types, and results of permits as required when inspecting permitted work. If any work is requested outside of the scope of the services set forth in Exhibit A, such work shall not commence until Contractor and the Municipality agree to the terms, scope, price, and other details in writing (including via electronic mail). Such additional work shall still be subject to the terms and conditions of this Agreement. IV.Duties and Powers of Building Official. As provided by Minnesota Administrative rules 1300.0110, the Municipality and Building Official hereby appoint Rum River Construction Consultants and its employees as Subd. 2. Deputies, and extend the Duties and Powers while providing services for the City of Arden Hills. V.Independent Contractor. Contractor shall perform the Services as an independent contractor and agent of the Municipality, and not as an employee. No withholdings or deductions shall be made from payments due to Contractor. Contractor shall not be eligible for benefits, workers compensation, or unemployment benefits. To the extent allowable by law, Contractor may subcontract the performance of certain administrative or other duties under the Agreement. VI.Insurance. During the entire term of this Agreement, Contractor shall maintain the following insurances and will provide the Municipality of evidence of the same upon request: (1) Commercial general liability insurance coverage with a policy limit of at least $1,500,000 per occurrence; (2) Business automobile liability coverage with a total liability limits of at least $1,500,000; and (3) Workers’ compensation insurance. If Contractor is not required by law to carry workers’ compensation insurance, in place of proof of workers’ compensation insurance, Contractor may provide a written statement of exemption specifying the particular provision of Minn. Stat. § 176.041 that exempts Contractor from having to carry such coverage. If Contractor is required by law to carry workers’ compensation insurance, Contractor shall, at the time of execution of this Agreement, furnish evidence satisfactory to the Municipality that Contractor maintains or is exempt from maintaining insurance coverage pursuant to the terms of this Agreement. VII.Amendments. Any alterations, variations, modifications, or changes of any provisions of this Agreement shall only be valid when they have been reduced to writing and signed by Municipality and Contractor. VIII.Regulatory Compliance. Contractor shall abide by all federal, state, and local laws, statutes, ordinances, rules, and regulations now in effect or hereinafter adopted pertaining 2 to this Agreement or to the facilities, programs, and staff for which Contractor is responsible. Contractor shall procure, at Contractor ’s expense, all permits, licenses, or other rights required for the provision of the Services. Any violation of federal, state, or local laws, statutes, ordinances, rules or regulations, as well as loss of any applicable license, permit, or certification by Contractor shall constitute a material breach of this Agreement, regardless of the reason and whether or not intentional, and shall entitle Municipality to terminate this Agreement effective as of the date of such violation, failure, or loss. IX.Data Practices Compliance. Contractor will have access to data collected or maintained by the Municipality to the extent necessary to perform Contractor ’s obligations under this Agreement. Contractor agrees to maintain all data obtained from the Municipality in the same manner as the Municipality is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the Municipality. Upon termination of this Agreement, Contractor agrees to return all data pertaining to Municipality business within 30 days of Agreement termination. X.Termination. Either party may terminate this Agreement by providing written notice to the other party 60 days prior to the termination. In the event of a material breach by either party, the Agreement may be terminated with 10 days written notice to the other party. In the event Municipality elects to terminate based upon an alleged material breach of the Agreement by Contractor, Contractor shall have 10 days (or the least amount of time reasonably necessary if longer than 10 days) to cure the breach. XI.Billing and Payment. Invoices shall be submitted periodically (customarily on a monthly basis) and are due and payable within 30 days of receipt by Municipality. Past due balances shall accrue interest at a rate of 1.0% per month (or the maximum rate of interest permitted by law, if less). XII.Choice of Law and Venue. This Agreement is being executed in and is intended to be performed in the State of Minnesota, and shall be construed and enforced in accordance with Minnesota law. The parties hereto consent and agree that any legal action arising from or related to the Agreement shall be venued in Anoka County District Court, State of Minnesota. XIII.Severability . The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or otherwise unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement. XIV.Merger . The Parties acknowledge and represent that no promise or representation not contained in this Agreement has been made to them, and acknowledge and represent that this Agreement contains the entire understanding between the Parties and contains all terms and conditions between them. XV.Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same 3 instrument. For purposes of this Agreement, the use of facsimile, email, or other electronic medium shall have the same force and effect as an original signature. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement, both in duplicate, on the day and year first above written. MUNICIPALITY By: _______________________________ Its: _______________________________ Second Signature (if required by Municipality) By: _______________________________ Its: _______________________________ CONTRACTOR By: _______________________________ Its: ________________________________ 4 Exhibit A Services ●Building Inspection Services and Additional Requested Work. o On-call and as needed general building inspection services during normal business hours will be billed at a rate of $95.00 per hour at the direction of the Chief Building Official and/or City Administrator. These services are applicable to needed inspections associated with projects where the plan review is already completed, permit issued and the project is underway. o Services required to conduct plan review and all required inspections associated with a particular project will be charged 70% Plan Review fees and 70% Permit fees due to the contractor. ●Minimum Permit Fee. A minimum fee of $50.00 shall be payable to Contractor for a permit of any type where Contractor involvement is required. ●Transportation Costs. Contractor will provide transportation to meetings and site inspections within the Municipality at no additional cost. ●After Hours of Work. Inspections and/or other meetings requested outside of normal business hours, M-F 8:00 am to 4:30 pm, will be billed at $120.00 per hour with a 3-hour minimum. These terms can be applied to emergency disaster response and the evaluation of buildings after natural or manmade disasters. 5 Page 1 of 1 PUBLIC HEARING – 8A MEMORANDUM DATE: June 14, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director Mary Tomnitz, Accounting Clerk SUBJECT: Public Hearing Regarding Quarterly Special Assessments for Delinquent Utilities Budgeted Amount: Actual Amount: Funding Source: $ $ $ Council Should Consider Motion to approve, table or deny the following: • Hold a Public Hearing regarding delinquent utilities. All items need a simple majority for action unless otherwise noted. Background 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. Page 1 of 1 NEW BUSINESS – 9A MEMORANDUM DATE: June 14, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman. Finance Director Mary Tomnitz, Accounting Clerk SUBJECT: Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Budgeted Amount: Actual Amount: Funding Source: $ $ $ Council Should Consider Motion to approve, table or deny the following: • Resolution 2021-035certifying delinquent utilities to Ramsey County All items need a simple majority for action unless otherwise noted. Background 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 list of remaining delinquent utility accounts is attached. The City will request that Ramsey County levy the delinquent balances against the respective properties. Attachments Attachment A: Resolution No. 2021-035 and Delinquent Utility Accounts List 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. 2021-035 RESOLUTION ADOPTING AND CONFIRMING QUARTERLY SPECIAL ASSESSMENTS FOR DELINQUENT UTILITIES WHEREAS, the amount to be specially assessed for DELINQUENT UTILITIES has been duly calculated in accordance with the provisions of the Municipal Code and Minnesota Statues; and WHEREAS, notices have been duly mailed as required by law; and WHEREAS, said proposed assessments have at all times since their filing been open for public inspection, and an opportunity has been given to all interested parties to present objections if any, to the proposed assessments; and WHEREAS, there were no oral or written objections received. 1. The amounts so calculated and set forth in said notices are hereby levied against the respective parcels of land described therein, and 2. The proposed assessments are hereby adopted and confirmed as special assessments for each of said parcels of land and the assessments together with an additional penalty of eight percent (8%) of the original unpaid amount, inclusive of any previous delinquency penalty, shall be a lien concurrent with general taxes upon such parcel. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City Administrator be authorized and directed to transmit to the County Auditor a certified duplicate of the assessment roll to be extended upon the property tax lists of the County, and the County Auditor shall collect said special assessments with taxes levied in 2021, payable in 2022: ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 14th DAY OF JUNE, 2021. ____________________________________ ATTEST: DAVID GRANT, MAYOR __________________________________________ JULIE HANSON, CITY CLERK PID # Cust No Service Address Water Sewer Storm Total Arrears Fee 8% Certification Assessment Total 273023340016 001493-000 1442 Arden Oaks Drive 233.50 215.67 31.22 480.39 38.43 518.82 343023210016 001920-000 1437 Arden Place 91.42 109.27 15.61 216.30 17.30 233.60 343023230017 002369-000 1532 Arden Place 72.73 107.49 15.61 195.83 15.67 211.50 223023240216 000223-000 4361 Arden View Court 77.16 87.80 20.24 185.20 14.82 200.02 223023240326 000375-000 4370 Arden View Court 132.71 109.27 20.24 262.22 20.98 283.20 223023240194 002844-000 4383 Arden View Court 69.67 79.80 20.24 169.71 13.58 183.29 223023240240 003444-000 4412 Arden View Court 143.39 160.25 20.24 323.88 25.91 349.79 223023240239 011640-000 4413 Arden View Court 107.29 109.27 20.24 236.80 18.94 255.74 223023240248 007082-000 4416 Arden View Court 109.62 109.79 20.24 239.65 19.17 258.82 223023240275 000290-000 4442 Arden View Court 86.77 97.71 20.24 204.72 16.38 221.10 223023240283 003898-000 4463 Arden View Court 87.03 104.55 20.24 211.82 16.95 228.77 223023240288 008584-000 4466 Arden View Court 1.04 49.58 8.63 59.25 4.74 63.99 223023240322 009989-000 4478 Arden View Court 133.16 112.08 20.24 265.48 21.24 286.72 223023210007 003937-000 1343 Arden View Drive 106.58 128.52 20.24 255.34 20.43 275.77 223023210040 000398-000 1354 Arden View Drive 61.46 67.98 20.24 149.68 11.97 161.65 223023210020 011462-000 1364 Arden View Drive 90.64 109.27 20.24 220.15 17.61 237.76 223023210030 000408-000 1375 Arden View Drive 115.20 134.11 20.24 269.55 21.56 291.11 223023210057 000454-000 1393 Arden View Drive 64.43 71.37 20.24 156.04 12.48 168.52 223023210066 005371-000 1405 Arden View Drive 106.26 118.64 20.24 245.14 19.61 264.75 223023210117 005368-000 1450 Arden View Drive 72.51 84.11 20.24 176.86 14.15 191.01 223023240167 012351-000 1466 Arden View Drive 76.91 109.27 20.24 206.42 16.51 222.93 333023310030 007153-000 1827 Beckman Avenue 45.72 147.34 15.61 208.67 16.69 225.36 343023140051 002484-000 1168 Benton Way 73.09 108.12 15.61 196.82 15.75 212.57 343023140042 002482-000 1177 Benton Way 45.73 59.86 15.61 121.20 9.70 130.90 213023410028 006494-000 1675 Brueberry Lane 110.63 109.27 20.24 240.14 19.21 259.35 213023410051 001584-000 1681 Brueberry Lane 56.22 60.34 20.24 136.80 10.94 147.74 343023410055 001808-000 1171 Carlton Drive 206.62 207.73 15.61 429.96 34.40 464.36 283023330032 003132-000 3670 Cleveland Avenue N 53.75 57.55 15.61 126.91 10.15 137.06 223023320026 008331-000 1469 Colleen Avenue 163.02 189.90 15.61 368.53 29.48 398.01 333023330080 002041-000 1985 County Road D W 85.27 126.40 15.61 227.28 18.18 245.46 343023210002 011863-000 1392 County Road E W 118.26 109.27 15.61 243.14 19.45 262.59 343023440085 000091-000 1174 Edgewater Avenue 57.87 62.71 15.61 136.19 10.90 147.09 343023240003 001775-000 3466 Glenarden Road 91.58 109.27 15.61 216.46 17.32 233.78 333023340067 009129-000 1927 Glenpaul Avenue 100.30 116.18 15.61 232.09 18.57 250.66 333023330057 003236-000 2015 Glenpaul Avenue 97.45 109.27 15.61 222.33 17.79 240.12 333023240027 002204-000 1840 Grant Road 113.76 132.37 15.61 261.74 20.94 282.68 333023240030 001805-000 1860 Grant Road 44.36 57.43 15.61 117.40 9.39 126.79 333023240019 008210-000 1873 Grant Road 70.68 81.57 15.61 167.86 13.43 181.29 333023240032 002096-000 1876 Grant Road 190.52 190.50 15.61 396.63 31.73 428.36 223023340036 000231-000 4101 Hamline Avenue N 92.56 109.27 15.61 217.44 17.40 234.84 163023340015 001285-000 4627 Highway 10 123.79 144.81 15.61 284.21 22.74 306.95 333023240108 012524-000 1850 Indian Place 82.13 98.89 15.61 196.63 15.73 212.36 213023430017 001534-000 1791 Janet Court 98.88 119.23 15.61 233.72 18.70 252.42 223023120013 000569-000 1307 Karth Lake Circle 121.90 141.48 15.61 278.99 22.32 301.31 223023120008 000784-000 1331 Karth Lake Circle 75.38 148.13 15.61 239.12 19.13 258.25 333023110036 001551-000 1611 Lake Johanna Boulevard 132.02 146.20 15.61 293.83 23.51 317.34 333023340020 001884-000 3223 Lake Johanna Boulevard 73.72 85.86 15.61 175.19 14.02 189.21 333023240073 002692-000 1891 Lake Lane 59.26 64.57 15.61 139.44 11.16 150.60 283023120052 001575-000 1761 Lake Valentine Road 111.40 117.04 15.61 244.05 19.52 263.57 223023230016 007235-000 1528 McClung Drive 106.95 130.63 15.61 253.19 20.26 273.45 283023410038 001344-000 3757 McCracken Lane 202.01 149.90 15.61 367.52 29.40 396.92 333023310018 011362-000 3308 New Brighton Road 29.28 104.42 15.61 149.31 11.94 161.25 223023330015 004713-000 4149 Norma Avenue 81.59 87.86 15.61 185.06 14.80 199.86 223023320013 000743-000 4283 Norma Avenue 319.34 317.35 15.61 652.30 52.18 704.48 283023440029 012640-000 1608 Oak Avenue 19.99 25.30 6.76 52.05 4.16 56.21 213023140007 001276-000 4375 Old Highway 10 19.66 109.27 15.61 144.54 11.56 156.10 213023140006 001271-000 4401 Old Highway 10 9.67 109.27 15.61 134.55 10.76 145.31 343023220035 002295-000 3550 Ridgewood Road 70.05 102.75 15.61 188.41 15.07 203.48 223023220045 006806-000 4519 Royal Hills Drive 53.25 56.71 15.61 125.57 10.05 135.62 333023240094 002105-000 1873 Stowe Avenue 107.60 122.33 15.61 245.54 19.64 265.18 283023330011 007090-000 1971 Thom Drive 68.38 78.07 15.61 162.06 12.96 175.02 283023330012 003256-000 2023 Thom Drive 146.19 135.55 15.61 297.35 23.79 321.14 283023330013 001255-000 2027 Thom Drive 83.54 98.08 15.61 197.23 15.78 213.01 223023420008 011756-000 1281 Wyncrest Lane 87.55 100.52 15.61 203.68 16.29 219.97 6,140.40 7,214.37 1,086.79 14,441.56 1,155.32 15,596.88 Page 1 of 2 NEW BUSINESS ITEM – 9B MEMORANDUM DATE: June 14, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, City Clerk SUBJECT: Consideration of Food Truck Ordinance Updates Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Ordinance 2021-005 Amending Chapter 3, Section 320 - Limited, Temporary Permits, Subsections 320.09, 320.10 and 320.12; Section 395, Subsection 395.05, Subd. 1 and Subd. 2A; and Subsection 395.06; and Ordinance 2021-006 Amending 2021 Fee Schedule All items need a simple majority for action unless otherwise noted. Background/Discussion At its special work session on May 24, 2021 the City Council directed staff to provide draft language amending City Code pertaining to mobile food units/food trucks to include implementing a residential food truck permit which caps private residential properties at two catered events per calendar year and a fee violation in the amount of $100. Attached is a copy of the draft May 24, 2021 special work session draft minutes which are slated for consideration of approval at this June 14, 2021 regular City Council meeting. These items would require an amendment to City Code Chapter 3 and also the 2021 Fee Schedule should the Council wish to move forward. Attached for Council review and consideration are a red-lined and clean version of the amended ordinance, a summary ordinance for publication, a red-lined and clean version of the draft 2021 Fee Schedule, and a draft residential food truck permit. Page 2 of 2 Budget Impact N/A Attachments A: Draft Ordinance 2021-005 (red-lined version) B. Final Ordinance 2021-005 (clean version) C. Summary Ordinance 2021-005 D. Draft Ordinance 2021-006 Fee Schedule (red-lined version – page 7) E. Final Ordinance 2021-006 Fee Schedule (clean version – page 7) F. Draft residential Food Truck permit G. Draft May 24, 2021 Special Work Session minutes ORDINANCE NO. 2021-005 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 3, SECTION 320, SUBSECTIONS 320.09, 320.10 AND 320.12; SECTION 395, SUBSECTION 395.05, SUBD. 1 AND SUBD. 2A; AND SUBSECTION 395.06 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 3 – Licenses and Regulations, Section 320 – Limited, Temporary Permits, Subsections 320.09, 320.10 and 320.12 are hereby amended by deleting strikethrough language and adding the underlined language as follows: 320.09 Businesses, Occupations, and Activities for which Permit Fee not Required. The activities for which permit fees shall not be required, but nevertheless a permit shall be required, are as follows: ∙ Purchase of fireworks and operation of fireworks display or program; ∙ Boutique or garage sale; . Mobile food unit/food truck catered parties/events; and ∙ Newspaper distribution locations. 320.10 Approval. Approval of an application for a permit to engage in the following type of activity shall be granted by the body, department or officer of the City indicated across therefrom in the following schedule: ∙ Circuses and carnivals: City Council; ∙ Commercial advertising distribution: City's designated law enforcement provider and City Administrator; ∙ Installation or construction of courtesy benches or shelters: City's designated law enforcement provider and City Administrator, if such a bench or shelter is to abut a county road, county permission must also be obtained; ∙ Fireworks purchase and/or display: City Council; ∙ Flea markets or commercial sidewalk sales: City Council; ∙ Boutiques or garage sales at a private home: City's designated law enforcement provider and City Administrator; . Mobile food unit/food truck catered parties/events: City’s designated law enforcement provider and City Administrator; ∙ Group picnics or camping: park director and City Administrator; ∙ Peddlers, solicitors and transient merchants: City Administrator; ∙ Newspaper distribution locations: City's designated law enforcement provider and City Administrator; ∙ Outdoor concerts: City Council; and ∙ Roadside stands: City Administrator. 320.12 Limit on Occasion of Mobile Food Unit/Food Truck Catered Parties/Events on Residential Properties. A residential property shall be limited to no more than two (2) mobile food unit/food truck catered events per calendar year. SECTION 2. Chapter 3 – Licenses and Regulations, Section 395 - Mobile Food Units, Subsection 395.05, Subd.1 and Subd. 2A, and Subsection 395.06 are hereby amended by deleting strikethrough language and adding the underlined language as follows: 395.05 Conditions of Licensing. A mobile food unit may only operate as set forth in the following: Subd. 1 Locations. A mobile food unit may only operate in the locations set forth in this paragraph and as specified in the permit. A mobile food unit may operate in a private commercial or industrial parking lot and on private residential property, with the written consent of the private property owner. When operations occur on private residential property, mobile food unit sales may only be for catering purposes (such as a private graduation party or wedding) and not open for sales or service to the general public. Sales or service may only be made only to the applicant of the residential mobile food unit/food truck permit, their family and guests at the catered event. The owner of the residential property must have obtained required city permits for the event as required by Section 320 or other provision of this Code. A mobile food unit may only operate in a City park or on City property and or rights of way with the prior written approval or permit by the City and as specified in the approval or permit, and additional park or other permits may be required for such operations. Subd. 2 Performance standards. A mobile food unit licensee is subject to the following performance standards: A. Any mobile food unit with an annual license may not operate on the same non- residential propertyor commercial property for more than twenty-one (21) days total during any calendar year, and any mobile food unit with an annual or temporary license may operate at no more than two catered events at a residential property during any calendar year, provided the owner of the residential property has obtained all required permits for the event and has complied with all terms of those permits. 395.06 Suspension or Revocation of a License, Criminal Penalty. A license may be suspended, revoked, or denied for renewal for any violations of this Code or conditions of any license. Any violation of this Code or provisions of any license shall be a misdemeanor. It shall be a violation for a property owner to allow a mobile food unit to operate on their property in violation of this Code or conditions of any license, and the property owner may be charged with a misdemeanor or administrative penalty set by the Council (see current Fee Schedule – Appendix As/charges ordinance). SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. PASSED and ADOPTED this 14th day of June, 2021, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By ________________________________ David Grant, Mayor ATTEST: ______________________________ Julie Hanson, City Clerk ORDINANCE NO. 2021-005 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 3, SECTION 320, SUBSECTIONS 320.09, 320.10 AND 320.12; SECTION 395, SUBSECTION 395.05, SUBD. 1 AND SUBD. 2A; AND SUBSECTION 395.06 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 3 – Licenses and Regulations, Section 320 – Limited, Temporary Permits, Subsections 320.09, 320.10 and 320.12 are hereby amended as follows: 320.09 Businesses, Occupations, and Activities for which Permit Fee not Required. The activities for which permit fees shall not be required, but nevertheless a permit shall be required, are as follows: ∙ Purchase of fireworks and operation of fireworks display or program; ∙ Boutique or garage sale; . Mobile food unit/food truck catered parties/events; and ∙ Newspaper distribution locations. 320.10 Approval. Approval of an application for a permit to engage in the following type of activity shall be granted by the body, department or officer of the City indicated across therefrom in the following schedule: ∙ Circuses and carnivals: City Council; ∙ Commercial advertising distribution: City's designated law enforcement provider and City Administrator; ∙ Installation or construction of courtesy benches or shelters: City's designated law enforcement provider and City Administrator, if such a bench or shelter is to abut a county road, county permission must also be obtained; ∙ Fireworks purchase and/or display: City Council; ∙ Flea markets or commercial sidewalk sales: City Council; ∙ Boutiques or garage sales at a private home: City's designated law enforcement provider and City Administrator; . Mobile food unit/food truck catered parties/events: City’s designated law enforcement provider and City Administrator; ∙ Group picnics or camping: park director and City Administrator; ∙ Peddlers, solicitors and transient merchants: City Administrator; ∙ Newspaper distribution locations: City's designated law enforcement provider and City Administrator; ∙ Outdoor concerts: City Council; and ∙ Roadside stands: City Administrator. 320.12 Limit on Occasion of Mobile Food Unit/Food Truck Catered Parties/Events on Residential Properties. A residential property shall be limited to no more than two (2) mobile food unit/food truck catered events per calendar year. SECTION 2. Chapter 3 – Licenses and Regulations, Section 395 - Mobile Food Units, Subsection 395.05, Subd.1 and Subd. 2A, and Subsection 395.06 are hereby amended by as follows: 395.05 Conditions of Licensing. A mobile food unit may only operate as set forth in the following: Subd. 1 Locations. A mobile food unit may only operate in the locations set forth in this paragraph and as specified in the permit. A mobile food unit may operate in a private commercial or industrial parking lot and on private residential property, with the written consent of the private property owner. When operations occur on private residential property, mobile food unit sales may only be for catering purposes (such as a private graduation party or wedding) and not open for sales or service to the general public. Sales or service may only be made only to the applicant of the residential mobile food unit/food truck permit, their family and guests at the catered event. The owner of the residential property must have obtained required city permits for the event as required by Section 320 or other provision of this Code. A mobile food unit may only operate in a City park or on City property or rights of way with the prior written approval or permit by the City and as specified in the approval or permit, and additional park or other permits may be required for such operations. Subd. 2 Performance standards. A mobile food unit licensee is subject to the following performance standards: A. Any mobile food unit with an annual license may not operate on the same non- residential or commercial property for more than twenty-one (21) days total during any calendar year, and any mobile food unit with an annual or temporary license may operate at no more than two catered events at a residential property during any calendar year, provided the owner of the residential property has obtained all required permits for the event and has complied with all terms of those permits. 395.06 Suspension or Revocation of a License, Criminal Penalty. A license may be suspended, revoked, or denied for renewal for any violations of this Code or conditions of any license. Any violation of this Code or provisions of any license shall be a misdemeanor. It shall be a violation for a property owner to allow a mobile food unit to operate on their property in violation of this Code or conditions of any license, and the property owner may be charged with a misdemeanor or administrative penalty set by the Council (see current Fee Schedule – Appendix A). SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. PASSED and ADOPTED this 14th day of June, 2021, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By ________________________________ David Grant, Mayor ATTEST: ______________________________ Julie Hanson, City Clerk SUMMARY ORDINANCE NO. 2021-005 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 3, SECTION 320, SUBSECTIONS 320.09, 320.10 AND 320.12; SECTION 395, SUBSECTION 395.05, SUBD. 1 AND SUBD. 2A; AND SUBSECTION 395.06 OF THE ARDEN HILLS CITY CODE NOTICE IS HEREBY GIVEN that, on June 14, 2021, Ordinance No. 2021-005 was adopted by the City Council of the City of Arden Hills, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2021-005, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council adds Mobile food unit/food truck as an activity requiring a permit fee for catered parties/events. The Ordinance requires approval from the City for Mobile food unit/food truck activities; provides that a residential property is limited to two Mobile food unit/food truck catered events per calendar year; and provides additional conditions of licensing regarding permit requirements and criminal penalty. A printed copy of the whole ordinance is available for inspection by any person during the City’s regular office hours or on the City’s website. APPROVED for publication by the City Council of the City of Arden Hills, Minnesota, this 14th day of June, 2021. CITY OF ARDEN HILLS By __________________________________ David Grant, Mayor ATTEST: _________________________________ Julie Hanson, City Clerk Published in the Pioneer Press on June 16th, 2021 Page 1 of 15 City of Arden Hills Ordinance 2021-0026 – Appendix A Amended 2021 Fee Schedule I. Administrative Dogs/Cats – Licenses Two years (Pro-rated for second year @ $15.00) $30.00 Dogs/Cats – Duplicate Tags Each $6.50 Dogs/Cats – Boarding $22.00 per day Dogs/Cats – Impoundment Fee $50.00 Dogs/Cats – Surrender Fee Each $25.00 Dogs – Residential Kennel License Annual $21.00 Dogs – Dangerous Dog Fee Annual $500.00 Dogs – Potentially Dangerous Dog Fee Annual $250.00 Copying – General City Material $0.25 8 ½ x 11; $0.50 large. Per Page. Add postage if mailing copies Assessment Search $53.00 per half hour Private Activity Revenue Bonds Non-refundable application fee $500.00 Annual Administrative Fee 1/8 of 1% (0.125%) of outstanding principal balance of the bonds for the life of the bonds Reimbursement of all City costs II. Building Construction (All permits are non-refundable after 90 days) Building Permits – Permit Fee Fees shall be based according to the 2020 State Statute 326B.153 and are determined by the City’s Building Official Commercial Building Permits – Plan Review Fee 65% of Building Permit Fee. Payment equaling half of this fee is due at time of permit submittal (non-refundable) Residential New Construction/Additions – Escrow $2,000 Temporary Certificate of Occupancy (CO) Escrow To be determined by Building Official Building Permits – Re-inspection $63.25 per State Statute 326B.153 Building Permits – Manufactured Home Location , $100.00 + State Surcharge fee as outlined in State Statute 326B.148 Building Permits – Demolition Permit Fee $100.00 + State Surcharge fee as outlined in Statute 326B.148 Escrow $2,000 Building Permits – Special Investigations 100% of Permit Fee Page 7 of 15 Water Meter/Spacer Charges – Greater than 1” Contact Public Works for Quote Water Connection Fee – Connection fee for previously un-served or expanded lots $855.00 per acre or portion thereof Water Availability Fee – New or Additional Units The units are based on the Metropolitan Council’s formula for calculating new sewer availability charge (SAC) units $ 1,375 per unit Sewer Connection Fee – Connection fee for previously un-served or expanded lots $840.00 per acre or portion thereof Sewer Availability Fee – New or Additional Units The units are based on the Metropolitan Council’s formula for calculating new sewer availability charge (SAC) units $ 825.00 per unit Sewer Permits – Service Installation/Alternations/Repairs Per inspection $42.00 Sewer Permits – Plan Review Fee Set by Inspector Sewer Permits – Reinspections $42.00 per hour Sewer Access Charge Set by Met Council Annually $2,485.00 (Contact Met Council) Sanitary Sewer Utility Prohibited Sump Pump Connection Surcharge $100.00 per month IX. Miscellaneous/Retail Activities Boutique/Garage Sale Application/notification of City Hall required No charge Residential Mobile Food Unit/Food Truck Permit Application/notification of City Hall required $20.00 per permit (limited to 2 catered events per calendar year) Administrative Penalty $100.00 Tent Permit $55.00+ State Surcharge Sidewalk Sales $53.00 Business Licensing – Amusement Facilities Includes arcade, dance hall, movie theater, pool/billiard tables, bowling alleys, indoor tennis, skating facility, outdoor tennis, driving ranges, etc. $105.00 Business Licensing – Wholesale Bulk Fuel Storage Liability insurance required $210.00 Business Licensing – Hotel/Motel $6.50 per room Business Licensing – Courtesy Bench, Non-advertising $26.00 Business Licensing – Courtesy Bench, Advertising $79.00 Business Licensing – Mechanical/Electronic Devices Includes musical devices, amusement rides, bowling alleys, etc. $15.00 per location + $15.00 per machine (MN Statute 449.15 sets maximum permit fee at $15 per location and $15 per machine) Page 1 of 15 City of Arden Hills Ordinance 2021-006 – Appendix A Amended 2021 Fee Schedule I. Administrative Dogs/Cats – Licenses Two years (Pro-rated for second year @ $15.00) $30.00 Dogs/Cats – Duplicate Tags Each $6.50 Dogs/Cats – Boarding $22.00 per day Dogs/Cats – Impoundment Fee $50.00 Dogs/Cats – Surrender Fee Each $25.00 Dogs – Residential Kennel License Annual $21.00 Dogs – Dangerous Dog Fee Annual $500.00 Dogs – Potentially Dangerous Dog Fee Annual $250.00 Copying – General City Material $0.25 8 ½ x 11; $0.50 large. Per Page. Add postage if mailing copies Assessment Search $53.00 per half hour Private Activity Revenue Bonds Non-refundable application fee $500.00 Annual Administrative Fee 1/8 of 1% (0.125%) of outstanding principal balance of the bonds for the life of the bonds Reimbursement of all City costs II. Building Construction (All permits are non-refundable after 90 days) Building Permits – Permit Fee Fees shall be based according to the 2020 State Statute 326B.153 and are determined by the City’s Building Official Commercial Building Permits – Plan Review Fee 65% of Building Permit Fee. Payment equaling half of this fee is due at time of permit submittal (non-refundable) Residential New Construction/Additions – Escrow $2,000 Temporary Certificate of Occupancy (CO) Escrow To be determined by Building Official Building Permits – Re-inspection $63.25 per State Statute 326B.153 Building Permits – Manufactured Home Location , $100.00 + State Surcharge fee as outlined in State Statute 326B.148 Building Permits – Demolition Permit Fee $100.00 + State Surcharge fee as outlined in Statute 326B.148 Escrow $2,000 Building Permits – Special Investigations 100% of Permit Fee Page 7 of 15 Water Meter/Spacer Charges – Greater than 1” Contact Public Works for Quote Water Connection Fee – Connection fee for previously un-served or expanded lots $855.00 per acre or portion thereof Water Availability Fee – New or Additional Units The units are based on the Metropolitan Council’s formula for calculating new sewer availability charge (SAC) units $ 1,375 per unit Sewer Connection Fee – Connection fee for previously un-served or expanded lots $840.00 per acre or portion thereof Sewer Availability Fee – New or Additional Units The units are based on the Metropolitan Council’s formula for calculating new sewer availability charge (SAC) units $ 825.00 per unit Sewer Permits – Service Installation/Alternations/Repairs Per inspection $42.00 Sewer Permits – Plan Review Fee Set by Inspector Sewer Permits – Reinspections $42.00 per hour Sewer Access Charge Set by Met Council Annually $2,485.00 (Contact Met Council) Sanitary Sewer Utility Prohibited Sump Pump Connection Surcharge $100.00 per month IX. Miscellaneous/Retail Activities Boutique/Garage Sale Application/notification of City Hall required No charge Residential Mobile Food Unit/Food Truck Permit Application/notification of City Hall required $20.00 per permit (limited to 2 catered events per calendar year) Administrative Penalty $100.00 Tent Permit $55.00+ State Surcharge Sidewalk Sales $53.00 Business Licensing – Amusement Facilities Includes arcade, dance hall, movie theater, pool/billiard tables, bowling alleys, indoor tennis, skating facility, outdoor tennis, driving ranges, etc. $105.00 Business Licensing – Wholesale Bulk Fuel Storage Liability insurance required $210.00 Business Licensing – Hotel/Motel $6.50 per room Business Licensing – Courtesy Bench, Non-advertising $26.00 Business Licensing – Courtesy Bench, Advertising $79.00 Business Licensing – Mechanical/Electronic Devices Includes musical devices, amusement rides, bowling alleys, etc. $15.00 per location + $15.00 per machine (MN Statute 449.15 sets maximum permit fee at $15 per location and $15 per machine) City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Phone 651.792.7800 * Fax 651.634.5137 RESIDENTIAL APPLICATION MOBILE FOOD UNIT/FOOD TRUCK PERMIT FEE - $20 per permitted catered event (Limit of 2 catered events per calendar year) Applicant/Property Owner Name: _______________________________________________________ Applicant/Property Owner Address: _____________________________________________________ Email Address: ________________________________________________________________ Location of Event: ________________________________________________________________ Date of Operation: ________________________________________________________________ Hours of Operation: ______________________________________ Type of Catered Event: ______________________________________________________________ Mobile Food Unit/Food Truck Vendor Name: ____________________________________________ Important Information about Residential Mobile Food Unit/Food Truck Catered Events: • All mobile food unit/food truck vendors must obtain a City Mobile Food Unit License pursuant to Chapter 3, Sections 320 and 395 • By signing below, residential property owners acknowledge the following: o Per Chapter 3, Section 395.05, Subd. 1, sales or service may only be made to the applicant of this permit and guests at the catered event. o Per Chapter 3, Section 395.05, Subd. 2 A, a residential property is limited to no more than two (2) mobile food unit/food truck catered events per calendar year. I agree to the above: _____________________________________ ________________________ Signature Date __________________________________________________________________________________________________________ OFFICE USE ONLY _______________________________________ _______________________ Approved by City Personnel Date Approved: June 14, 2021 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL SPECIAL WORK SESSION MAY 24, 2021 5:45 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Special Work Session at 5:45 p.m. Note: On March 20th, 2020 the Mayor signed a determination allowing Councilmembers to participate in City Council meetings via telephone pursuant to State Statute 13D.021 Present: Mayor David Grant; Councilmembers Fran Holmes, Dave McClung, and Steve Scott Absent: Councilmember Brenda Holden (excused) Also present: City Administrator Dave Perrault; City Clerk Julie Hanson and City Attorney Joel Jamnik 1. AGENDA ITEMS A. Food Truck Discussion City Clerk Hanson stated that the City Council had directed staff to provide draft language amending City Code pertaining to mobile food units (food trucks) and that staff was looking for further direction. She said some points to be discussed were clarifying language regarding who may be served, limiting food trucks on residential properties to two catered events per year, requiring residential property owners to obtain a permit that could be similar to garage sales, and implementing a penalty if in violation for which the Council could assign a fine or fee if it so chooses. She indicated this draft was just a first round draft for Council discussion and depending on the direction, amendments could involve changes to Sections 395 and 320 and also the Fee Schedule. Councilmember Scott asked if food trucks need a permit under the current ordinance when serving at a one-off catered event such as a graduation party or wedding reception and asked if it was the responsibility of the resident or the business to obtain the permit. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – MAY 24, 2021 2 City Clerk Hanson stated at this time the City holds the actual vendor responsible for obtaining the license since they are the business operating at the event. She said that vendors must submit the City’s application, a Certificate of Insurance, a copy of their Minnesota Department of Health license and/Ramsey County and then also written permission from the property owner at which the food truck would be operating. Councilmember Scott asked for clarification of the temporary license. City Clerk Hanson stated generally vendors have obtained a temporary license which allows operation of 7 days or less events in a calendar year. City Administrator Perrault indicated that the vendor is technically issued a license, not a permit, and that a permit would be discussed later in the meeting as it pertains to residential properties. Councilmember Holmes asked if vendors must obtain permission from the resident in order to have the event the on the resident’s property. City Clerk Hanson stated that vendors must obtain written permission from the property owner and that this applies to all locations, commercial or residential properties. She stated she has been obtaining written permission from the host property owner prior to issuing a food truck license. Councilmember Holmes asked about locations of neighborhoods hosting food trucks in the city. City Clerk Hanson stated that last year the City was aware of one food truck event and subsequently found out this year that last summer the food trucks had been extended for several weeks. She said that so far this spring the City had been made aware of two locations in the city hosting food trucks. She indicated one property owner was following the current ordinance and providing written permission for trucks operating on their property but that she had not heard from the property owner of the other location and so had reached out to the property owner via mail. She indicated that she did not have confirmation that other location was operating and heard nothing further since the City received a complaint regarding that area. She said that it was confirmed food trucks were operating in the one area of the city and the vendors had been obtaining the required license. Councilmember Holmes asked if there were violations in the past. City Clerk Hanson replied that potentially, yes. Councilmember Holmes stated she wanted to discuss requiring a fee for a residential permit versus a free permit such as is the case for garage sales. City Administrator Perrault indicated he had spoken with Councilmember Holden who said she supported this and recommended a fee in the range of $10 to $20. Mayor Grant asked what a reasonable fee could be and what other similar permits’ fees are. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – MAY 24, 2021 3 City Clerk Hanson stated the City has garage sales and boutiques permits that are no fee permits. She said there is also a miscellaneous permit application that provides for 5K races at no fee, block parties at no fee (generally Night to Unite), sidewalk sales at $53, and solicitors/transient merchants which also have an associated permit and background check fees. She said there are various general rentals and then the actual business licenses that are more defined. Councilmember McClung stated he supports the proposal to regulate a commercial health food service activity in terms of staff time. He indicated he supports a fee be assessed to recuperate the costs of staff receiving information, answering questions, and so forth and noted the City is not trying to raise money but rather recuperate staff costs. Mayor Grant said that charging a fee would enable this function to not be overlooked and recover staff time. A short discussion ensued and the City Council agreed to implement a fee of $20 for a residential food truck permit. Councilmember Holmes asked about an administrative penalty for a resident not obtaining a permit and suggested Council discuss a fee of $100. Mayor Grant asked what the fee was for violations such as a peddler. City Clerk Hanson deferred to City Attorney Joel Jamnik as this type of particular fee is not called out currently in the Fee Schedule. City Attorney Jamnik stated that most misdemeanor violations are on a payables list and may be reduced if it goes to court. He said that having a $100 administrative penalty could be consistent with City Ordinance and other charges. Mayor Grant asked if this fee is consistent with other cities that City Attorney Jamnik represents. City Attorney Jamnik said that most cities double or triple the initial permit fee but that many do not have such a small initial fee for a permit of $20. The City Council agreed to propose a $100 administrative fine. Councilmember McClung stated regarding conditions of licensing and condition, that he would like better clarification and proposed taking the word “resident” out so there is no ambiguity as to the definition of resident. Mayor Grant agreed as he had attended a catered event in Shoreview, noting he was invited but is not a resident of Shoreview. City Attorney Jamnik indicated that the intent of the use of the word resident was to indicate a resident of the property where the truck will be located. He said the intent is to reference that food may be provided to the owners of property and their guests but not to the members of the general public. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – MAY 24, 2021 4 Councilmember McClung stated he was fine with this but would like to better clarify the language referring to resident. City Attorney Jamnik stated that the Council can clarify that the resident is the owner of the property where the truck is located and their guests. Councilmember McClung stated the purpose of an amendment is to not have a resident say that anyone they invite is a “guest” as it becomes a community event rather than a private catered event. City Attorney Jamnik noted that a fairly broad net can be cast if the City were to try to classify events and thus enforcement becomes difficult. He stated that rather the City could regulate the events as far as the number of events allowed at a property. Councilmember Holmes also questioned the word “resident” and agreed that it is ambiguous. She recommended that the permit indicate the type of event and thus not be a general invitation. She said she would prefer to use the word guests as resident is too vague. City Attorney Jamnik reiterated that limiting the number of events is being proposed just for residential properties and not commercial establishments. Councilmember Scott asked for clarification about temporary versus annual licenses and the duration of such. City Administrator Perrault stated that the maximum of no more than 21 days applies to non- residential properties of which can operate up to 21 days at the same location, but the food truck can operate in other locations in the city throughout the year. He reiterated the 21 days for an annual license refers to operation at one, single commercial location. City Attorney Jamnik concurred with the definition of the annual license as it pertains to commercial properties and reiterated the difference between a temporary and annual license. He said that under the proposed amendment, a residential property would be limited to two events at a single residence. Councilmember Holmes said yes, the food truck can operate at several residential properties as long as it is not at the same residential property more than twice. The City Council resumed discussion regarding locations and the reference to “residents” instead of “guests”. City Attorney Jamnik said his preference would be to elaborate that residents means owners or residents of the subject property and not a broader resident of the community or neighborhood. He suggested adding language to indicate that “resident” is referring to the resident of the property, the owners, the tenants or other occupants. Councilmember McClung suggested saying “sales or service may only be made to residents of the property requesting the permit and guests at the catered event”. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION – MAY 24, 2021 5 A short discussion ensued about using the word resident versus owner. Councilmember McClung further refined the language to state “sales or service may only be made to the applicant of the residential permit, their family and guests at the catered event”. A discussion ensued about the ordinance being prospective or to look back in 2021. The City Council agreed to implement a residential food truck permit capped at two catered events per year prospective upon adoption of the ordinance and directed staff to bring the changes forward at the next regular meeting in June. 2. COUNCIL/STAFF COMMENTS None. ADJOURN Mayor Grant adjourned the Special City Council Work Session at 6:25 p.m. _________________________________ ________________________________ Julie Hanson David Grant City Clerk Mayor