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Home My WebLink About10-25-21-RAPPROVAL OF AGENDA PUBLIC INQUIRIES/INFORMATIONAL This is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting. RESPONSE TO PUBLIC INQUIRIES Public Inquiry Response From October 11, 2021 City Council Meeting Dave Perrault, City Administrator MEMO.PDF PUBLIC PRESENTATIONS Lexington Avenue Reconstruction Project Update Steve Weser, PE Alliant Engineering, Inc. MEMO.PDF ATTACHMENT A.PDF Recognition Of Senator Jason Isaacson And Representative Kelly Moller – Lexington Avenue Watermain Project Dave Perrault, City Administrator MEMO.PDF STAFF COMMENTS Transportation Update David Swearingen, Public Works Director MEMO.PDF APPROVAL OF MINUTES 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 -055 Authorizing The City To Apply For A Grant From The Minnesota Public Facilities Authority (PFA) –Lexington Avenue Watermain Project Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Resolution 2021 -056 Designating Polling Places For The 2022 General Election Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -057 Accepting Donation From Arden Hills Foundation Joe Vaughan, Recreation Programmer MEMO.PDF ATTACHMENT A.PDF Motion To Approve Ordinance 2021 -010 Replacing Chapter 3, Section 380 –Local Lodging Tax, And Authorizing Publication Of Summary Ordinance Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Appointment Of City Planner Dave Perrault, City Administrator MEMO.PDF Motion To Approve Recruitment Of Senior Planner Dave Perrault, City Administrator MEMO.PDF Motion To Approve 2022 Recycling Contract Extension With Republic Services Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -058 Authorizing Application For Recycling SCORE Grant Funds From Ramsey County For 2022 Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Termination Of Abatement Agreement For Land O ’Lakes Expansion Project Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve 2021 3rd Quarter Financials Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Motion To Approve Resolution 2021 -059 Denying A Preliminary Plat, Final Plat, Master Planned Unit Development And Site Plan Review For 3737 Lexington Avenue N And 1133 Grey Fox Road (Aldi) –Planning Case 21 -019 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Amended Planned Unit Development Agreement –Bethel University –PC 21 -020 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -060 Approving Plans And Specifications And Ordering Advertisement For Bids –Lexington Avenue Reconstruction Project David Swearingen, Public Works Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve Payment No. 1 And Change Orders No. 1, 2 And 3 –Karth Lake Runoff Control Project David Swearingen, Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Authorize City Hall Cleaning Services Agreement Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Appointment Of Communications Coordinator Dave Perrault, City Administrator MEMO.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Planning Case 21 -024 –Zoning Code Amendment –Chapter 13, Sections 1320.06 And 1325.05 (B -2 And B -3 Districts) Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Planning Case 21 -021 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF NEW BUSINESS Ordinance 2021 -011 Amending Chapter 13, Sections 1320.06 And 1325.05 Of The Arden Hills City Code (B -2 And B -3 Districts) And Authorizing Publication Of Summary Ordinance –Planning Case 21 -024 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Resolution 2021 -061 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue –Planning Case 21 -021 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Resolution 2021 -062 Ordering Nuisance Abatement –1465 Floral Drive Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Steve Scott Regular City Council Agenda October 25, 2021 7:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651 -792 -7800 Website : www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. This meeting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. 2. 3. 3.A. Documents: 4. 4.A. Documents: 4.B. Documents: 5. 5.A. Documents: 6. 7. 7.A. Documents: 7.B. Documents: 7.C. Documents: 7.D. Documents: 7.E. Documents: 7.F. Documents: 7.G. Documents: 7.H. Documents: 7.I. Documents: 7.J. Documents: 7.K. Documents: 7.L. Documents: 7.M. Documents: 7.N. Documents: 7.O. Documents: 7.P. Documents: 7.Q. Documents: 8. 9. 9.A. Documents: 9.B. Documents: 10. 10.A. Documents: 10.B. Documents: 10.C. Documents: 11. 12. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting.RESPONSE TO PUBLIC INQUIRIESPublic Inquiry Response From October 11, 2021 City Council MeetingDave Perrault, City AdministratorMEMO.PDFPUBLIC PRESENTATIONS Lexington Avenue Reconstruction Project Update Steve Weser, PE Alliant Engineering, Inc. MEMO.PDF ATTACHMENT A.PDF Recognition Of Senator Jason Isaacson And Representative Kelly Moller – Lexington Avenue Watermain Project Dave Perrault, City Administrator MEMO.PDF STAFF COMMENTS Transportation Update David Swearingen, Public Works Director MEMO.PDF APPROVAL OF MINUTES 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 -055 Authorizing The City To Apply For A Grant From The Minnesota Public Facilities Authority (PFA) –Lexington Avenue Watermain Project Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Resolution 2021 -056 Designating Polling Places For The 2022 General Election Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -057 Accepting Donation From Arden Hills Foundation Joe Vaughan, Recreation Programmer MEMO.PDF ATTACHMENT A.PDF Motion To Approve Ordinance 2021 -010 Replacing Chapter 3, Section 380 –Local Lodging Tax, And Authorizing Publication Of Summary Ordinance Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Appointment Of City Planner Dave Perrault, City Administrator MEMO.PDF Motion To Approve Recruitment Of Senior Planner Dave Perrault, City Administrator MEMO.PDF Motion To Approve 2022 Recycling Contract Extension With Republic Services Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -058 Authorizing Application For Recycling SCORE Grant Funds From Ramsey County For 2022 Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Termination Of Abatement Agreement For Land O ’Lakes Expansion Project Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve 2021 3rd Quarter Financials Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Motion To Approve Resolution 2021 -059 Denying A Preliminary Plat, Final Plat, Master Planned Unit Development And Site Plan Review For 3737 Lexington Avenue N And 1133 Grey Fox Road (Aldi) –Planning Case 21 -019 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Amended Planned Unit Development Agreement –Bethel University –PC 21 -020 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -060 Approving Plans And Specifications And Ordering Advertisement For Bids –Lexington Avenue Reconstruction Project David Swearingen, Public Works Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve Payment No. 1 And Change Orders No. 1, 2 And 3 –Karth Lake Runoff Control Project David Swearingen, Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Authorize City Hall Cleaning Services Agreement Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Appointment Of Communications Coordinator Dave Perrault, City Administrator MEMO.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Planning Case 21 -024 –Zoning Code Amendment –Chapter 13, Sections 1320.06 And 1325.05 (B -2 And B -3 Districts) Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Planning Case 21 -021 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF NEW BUSINESS Ordinance 2021 -011 Amending Chapter 13, Sections 1320.06 And 1325.05 Of The Arden Hills City Code (B -2 And B -3 Districts) And Authorizing Publication Of Summary Ordinance –Planning Case 21 -024 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Resolution 2021 -061 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue –Planning Case 21 -021 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Resolution 2021 -062 Ordering Nuisance Abatement –1465 Floral Drive Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council Agenda October 25, 2021 7:00 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.3.A.Documents:4. 4.A. Documents: 4.B. Documents: 5. 5.A. Documents: 6. 7. 7.A. Documents: 7.B. Documents: 7.C. Documents: 7.D. Documents: 7.E. Documents: 7.F. Documents: 7.G. Documents: 7.H. Documents: 7.I. Documents: 7.J. Documents: 7.K. Documents: 7.L. Documents: 7.M. Documents: 7.N. Documents: 7.O. Documents: 7.P. Documents: 7.Q. Documents: 8. 9. 9.A. Documents: 9.B. Documents: 10. 10.A. Documents: 10.B. Documents: 10.C. Documents: 11. 12. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting.RESPONSE TO PUBLIC INQUIRIESPublic Inquiry Response From October 11, 2021 City Council MeetingDave Perrault, City AdministratorMEMO.PDFPUBLIC PRESENTATIONSLexington Avenue Reconstruction Project UpdateSteve Weser, PE Alliant Engineering, Inc.MEMO.PDFATTACHMENT A.PDFRecognition Of Senator Jason Isaacson And Representative Kelly Moller –Lexington Avenue Watermain ProjectDave Perrault, City AdministratorMEMO.PDFSTAFF COMMENTSTransportation Update David Swearingen, Public Works DirectorMEMO.PDFAPPROVAL OF MINUTESCONSENT 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 AnalystMEMO.PDFMotion To Approve Resolution 2021 -055 Authorizing The City To Apply For A Grant From The Minnesota Public Facilities Authority (PFA) –Lexington Avenue Watermain Project Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Resolution 2021 -056 Designating Polling Places For The 2022 General Election Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -057 Accepting Donation From Arden Hills Foundation Joe Vaughan, Recreation Programmer MEMO.PDF ATTACHMENT A.PDF Motion To Approve Ordinance 2021 -010 Replacing Chapter 3, Section 380 –Local Lodging Tax, And Authorizing Publication Of Summary Ordinance Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Appointment Of City Planner Dave Perrault, City Administrator MEMO.PDF Motion To Approve Recruitment Of Senior Planner Dave Perrault, City Administrator MEMO.PDF Motion To Approve 2022 Recycling Contract Extension With Republic Services Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -058 Authorizing Application For Recycling SCORE Grant Funds From Ramsey County For 2022 Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Termination Of Abatement Agreement For Land O ’Lakes Expansion Project Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve 2021 3rd Quarter Financials Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Motion To Approve Resolution 2021 -059 Denying A Preliminary Plat, Final Plat, Master Planned Unit Development And Site Plan Review For 3737 Lexington Avenue N And 1133 Grey Fox Road (Aldi) –Planning Case 21 -019 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Amended Planned Unit Development Agreement –Bethel University –PC 21 -020 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -060 Approving Plans And Specifications And Ordering Advertisement For Bids –Lexington Avenue Reconstruction Project David Swearingen, Public Works Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve Payment No. 1 And Change Orders No. 1, 2 And 3 –Karth Lake Runoff Control Project David Swearingen, Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Authorize City Hall Cleaning Services Agreement Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Appointment Of Communications Coordinator Dave Perrault, City Administrator MEMO.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Planning Case 21 -024 –Zoning Code Amendment –Chapter 13, Sections 1320.06 And 1325.05 (B -2 And B -3 Districts) Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Planning Case 21 -021 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF NEW BUSINESS Ordinance 2021 -011 Amending Chapter 13, Sections 1320.06 And 1325.05 Of The Arden Hills City Code (B -2 And B -3 Districts) And Authorizing Publication Of Summary Ordinance –Planning Case 21 -024 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Resolution 2021 -061 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue –Planning Case 21 -021 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Resolution 2021 -062 Ordering Nuisance Abatement –1465 Floral Drive Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council Agenda October 25, 2021 7:00 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.3.A.Documents:4.4.A.Documents:4.B.Documents:5.5.A.Documents:6.7.7.A.Documents:7.B. Documents: 7.C. Documents: 7.D. Documents: 7.E. Documents: 7.F. Documents: 7.G. Documents: 7.H. Documents: 7.I. Documents: 7.J. Documents: 7.K. Documents: 7.L. Documents: 7.M. Documents: 7.N. Documents: 7.O. Documents: 7.P. Documents: 7.Q. Documents: 8. 9. 9.A. Documents: 9.B. Documents: 10. 10.A. Documents: 10.B. Documents: 10.C. Documents: 11. 12. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting.RESPONSE TO PUBLIC INQUIRIESPublic Inquiry Response From October 11, 2021 City Council MeetingDave Perrault, City AdministratorMEMO.PDFPUBLIC PRESENTATIONSLexington Avenue Reconstruction Project UpdateSteve Weser, PE Alliant Engineering, Inc.MEMO.PDFATTACHMENT A.PDFRecognition Of Senator Jason Isaacson And Representative Kelly Moller –Lexington Avenue Watermain ProjectDave Perrault, City AdministratorMEMO.PDFSTAFF COMMENTSTransportation Update David Swearingen, Public Works DirectorMEMO.PDFAPPROVAL OF MINUTESCONSENT 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 AnalystMEMO.PDFMotion To Approve Resolution 2021 -055 Authorizing The City To Apply For A Grant From The Minnesota Public Facilities Authority (PFA) –Lexington Avenue Watermain ProjectGayle Bauman, Finance DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve Resolution 2021 -056 Designating Polling Places For The 2022 General ElectionJulie Hanson, City ClerkMEMO.PDFATTACHMENT A.PDFMotion To Approve Resolution 2021 -057 Accepting Donation From Arden Hills FoundationJoe Vaughan, Recreation ProgrammerMEMO.PDFATTACHMENT A.PDFMotion To Approve Ordinance 2021 -010 Replacing Chapter 3, Section 380 –Local Lodging Tax, And Authorizing Publication Of Summary OrdinanceDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Approve Appointment Of City PlannerDave Perrault, City AdministratorMEMO.PDFMotion To Approve Recruitment Of Senior Planner Dave Perrault, City Administrator MEMO.PDF Motion To Approve 2022 Recycling Contract Extension With Republic Services Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -058 Authorizing Application For Recycling SCORE Grant Funds From Ramsey County For 2022 Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Termination Of Abatement Agreement For Land O ’Lakes Expansion Project Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve 2021 3rd Quarter Financials Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Motion To Approve Resolution 2021 -059 Denying A Preliminary Plat, Final Plat, Master Planned Unit Development And Site Plan Review For 3737 Lexington Avenue N And 1133 Grey Fox Road (Aldi) –Planning Case 21 -019 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Amended Planned Unit Development Agreement –Bethel University –PC 21 -020 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -060 Approving Plans And Specifications And Ordering Advertisement For Bids –Lexington Avenue Reconstruction Project David Swearingen, Public Works Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve Payment No. 1 And Change Orders No. 1, 2 And 3 –Karth Lake Runoff Control Project David Swearingen, Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Authorize City Hall Cleaning Services Agreement Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Appointment Of Communications Coordinator Dave Perrault, City Administrator MEMO.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Planning Case 21 -024 –Zoning Code Amendment –Chapter 13, Sections 1320.06 And 1325.05 (B -2 And B -3 Districts) Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Planning Case 21 -021 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF NEW BUSINESS Ordinance 2021 -011 Amending Chapter 13, Sections 1320.06 And 1325.05 Of The Arden Hills City Code (B -2 And B -3 Districts) And Authorizing Publication Of Summary Ordinance –Planning Case 21 -024 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Resolution 2021 -061 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue –Planning Case 21 -021 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Resolution 2021 -062 Ordering Nuisance Abatement –1465 Floral Drive Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council Agenda October 25, 2021 7:00 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.3.A.Documents:4.4.A.Documents:4.B.Documents:5.5.A.Documents:6.7.7.A.Documents:7.B.Documents:7.C.Documents:7.D.Documents:7.E.Documents:7.F.Documents:7.G. Documents: 7.H. Documents: 7.I. Documents: 7.J. Documents: 7.K. Documents: 7.L. Documents: 7.M. Documents: 7.N. Documents: 7.O. Documents: 7.P. Documents: 7.Q. Documents: 8. 9. 9.A. Documents: 9.B. Documents: 10. 10.A. Documents: 10.B. Documents: 10.C. Documents: 11. 12. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting.RESPONSE TO PUBLIC INQUIRIESPublic Inquiry Response From October 11, 2021 City Council MeetingDave Perrault, City AdministratorMEMO.PDFPUBLIC PRESENTATIONSLexington Avenue Reconstruction Project UpdateSteve Weser, PE Alliant Engineering, Inc.MEMO.PDFATTACHMENT A.PDFRecognition Of Senator Jason Isaacson And Representative Kelly Moller –Lexington Avenue Watermain ProjectDave Perrault, City AdministratorMEMO.PDFSTAFF COMMENTSTransportation Update David Swearingen, Public Works DirectorMEMO.PDFAPPROVAL OF MINUTESCONSENT 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 AnalystMEMO.PDFMotion To Approve Resolution 2021 -055 Authorizing The City To Apply For A Grant From The Minnesota Public Facilities Authority (PFA) –Lexington Avenue Watermain ProjectGayle Bauman, Finance DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve Resolution 2021 -056 Designating Polling Places For The 2022 General ElectionJulie Hanson, City ClerkMEMO.PDFATTACHMENT A.PDFMotion To Approve Resolution 2021 -057 Accepting Donation From Arden Hills FoundationJoe Vaughan, Recreation ProgrammerMEMO.PDFATTACHMENT A.PDFMotion To Approve Ordinance 2021 -010 Replacing Chapter 3, Section 380 –Local Lodging Tax, And Authorizing Publication Of Summary OrdinanceDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Approve Appointment Of City PlannerDave Perrault, City AdministratorMEMO.PDFMotion To Approve Recruitment Of Senior PlannerDave Perrault, City AdministratorMEMO.PDFMotion To Approve 2022 Recycling Contract Extension With Republic ServicesDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Approve Resolution 2021 -058 Authorizing Application For Recycling SCORE Grant Funds From Ramsey County For 2022Dave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Approve Termination Of Abatement Agreement For Land O ’Lakes Expansion ProjectGayle Bauman, Finance DirectorMEMO.PDFATTACHMENT A.PDFMotion To Approve 2021 3rd Quarter FinancialsGayle Bauman, Finance DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFMotion To Approve Resolution 2021 -059 Denying A Preliminary Plat, Final Plat, Master Planned Unit Development And Site Plan Review For 3737 Lexington Avenue N And 1133 Grey Fox Road (Aldi) –Planning Case 21 -019Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Motion To Approve Amended Planned Unit Development Agreement –Bethel University –PC 21 -020 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF Motion To Approve Resolution 2021 -060 Approving Plans And Specifications And Ordering Advertisement For Bids –Lexington Avenue Reconstruction Project David Swearingen, Public Works Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve Payment No. 1 And Change Orders No. 1, 2 And 3 –Karth Lake Runoff Control Project David Swearingen, Public Works Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Authorize City Hall Cleaning Services Agreement Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Appointment Of Communications Coordinator Dave Perrault, City Administrator MEMO.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Planning Case 21 -024 –Zoning Code Amendment –Chapter 13, Sections 1320.06 And 1325.05 (B -2 And B -3 Districts) Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Planning Case 21 -021 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF NEW BUSINESS Ordinance 2021 -011 Amending Chapter 13, Sections 1320.06 And 1325.05 Of The Arden Hills City Code (B -2 And B -3 Districts) And Authorizing Publication Of Summary Ordinance –Planning Case 21 -024 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Resolution 2021 -061 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue –Planning Case 21 -021 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Resolution 2021 -062 Ordering Nuisance Abatement –1465 Floral Drive Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council Agenda October 25, 2021 7:00 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.3.A.Documents:4.4.A.Documents:4.B.Documents:5.5.A.Documents:6.7.7.A.Documents:7.B.Documents:7.C.Documents:7.D.Documents:7.E.Documents:7.F.Documents:7.G.Documents:7.H.Documents:7.I.Documents:7.J.Documents:7.K.Documents:7.L.Documents: 7.M. Documents: 7.N. Documents: 7.O. Documents: 7.P. Documents: 7.Q. Documents: 8. 9. 9.A. Documents: 9.B. Documents: 10. 10.A. Documents: 10.B. Documents: 10.C. Documents: 11. 12. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting.RESPONSE TO PUBLIC INQUIRIESPublic Inquiry Response From October 11, 2021 City Council MeetingDave Perrault, City AdministratorMEMO.PDFPUBLIC PRESENTATIONSLexington Avenue Reconstruction Project UpdateSteve Weser, PE Alliant Engineering, Inc.MEMO.PDFATTACHMENT A.PDFRecognition Of Senator Jason Isaacson And Representative Kelly Moller –Lexington Avenue Watermain ProjectDave Perrault, City AdministratorMEMO.PDFSTAFF COMMENTSTransportation Update David Swearingen, Public Works DirectorMEMO.PDFAPPROVAL OF MINUTESCONSENT 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 AnalystMEMO.PDFMotion To Approve Resolution 2021 -055 Authorizing The City To Apply For A Grant From The Minnesota Public Facilities Authority (PFA) –Lexington Avenue Watermain ProjectGayle Bauman, Finance DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve Resolution 2021 -056 Designating Polling Places For The 2022 General ElectionJulie Hanson, City ClerkMEMO.PDFATTACHMENT A.PDFMotion To Approve Resolution 2021 -057 Accepting Donation From Arden Hills FoundationJoe Vaughan, Recreation ProgrammerMEMO.PDFATTACHMENT A.PDFMotion To Approve Ordinance 2021 -010 Replacing Chapter 3, Section 380 –Local Lodging Tax, And Authorizing Publication Of Summary OrdinanceDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Approve Appointment Of City PlannerDave Perrault, City AdministratorMEMO.PDFMotion To Approve Recruitment Of Senior PlannerDave Perrault, City AdministratorMEMO.PDFMotion To Approve 2022 Recycling Contract Extension With Republic ServicesDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Approve Resolution 2021 -058 Authorizing Application For Recycling SCORE Grant Funds From Ramsey County For 2022Dave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Approve Termination Of Abatement Agreement For Land O ’Lakes Expansion ProjectGayle Bauman, Finance DirectorMEMO.PDFATTACHMENT A.PDFMotion To Approve 2021 3rd Quarter FinancialsGayle Bauman, Finance DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFMotion To Approve Resolution 2021 -059 Denying A Preliminary Plat, Final Plat, Master Planned Unit Development And Site Plan Review For 3737 Lexington Avenue N And 1133 Grey Fox Road (Aldi) –Planning Case 21 -019Jessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve Amended Planned Unit Development Agreement –Bethel University –PC 21 -020Jessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFMotion To Approve Resolution 2021 -060 Approving Plans And Specifications And Ordering Advertisement For Bids –Lexington Avenue Reconstruction ProjectDavid Swearingen, Public Works DirectorMEMO.PDFATTACHMENT A.PDFMotion To Approve Payment No. 1 And Change Orders No. 1, 2 And 3 –Karth Lake Runoff Control ProjectDavid Swearingen, Public Works DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Authorize City Hall Cleaning Services AgreementDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Approve Appointment Of Communications CoordinatorDave Perrault, City AdministratorMEMO.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 Planning Case 21 -024 –Zoning Code Amendment –Chapter 13, Sections 1320.06 And 1325.05 (B -2 And B -3 Districts) Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Planning Case 21 -021 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF NEW BUSINESS Ordinance 2021 -011 Amending Chapter 13, Sections 1320.06 And 1325.05 Of The Arden Hills City Code (B -2 And B -3 Districts) And Authorizing Publication Of Summary Ordinance –Planning Case 21 -024 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Resolution 2021 -061 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue –Planning Case 21 -021 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Resolution 2021 -062 Ordering Nuisance Abatement –1465 Floral Drive Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council Agenda October 25, 2021 7:00 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.3.A.Documents:4.4.A.Documents:4.B.Documents:5.5.A.Documents:6.7.7.A.Documents:7.B.Documents:7.C.Documents:7.D.Documents:7.E.Documents:7.F.Documents:7.G.Documents:7.H.Documents:7.I.Documents:7.J.Documents:7.K.Documents:7.L.Documents:7.M.Documents:7.N.Documents:7.O.Documents:7.P.Documents:7.Q.Documents: 8. 9. 9.A. Documents: 9.B. Documents: 10. 10.A. Documents: 10.B. Documents: 10.C. Documents: 11. 12. APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting.RESPONSE TO PUBLIC INQUIRIESPublic Inquiry Response From October 11, 2021 City Council MeetingDave Perrault, City AdministratorMEMO.PDFPUBLIC PRESENTATIONSLexington Avenue Reconstruction Project UpdateSteve Weser, PE Alliant Engineering, Inc.MEMO.PDFATTACHMENT A.PDFRecognition Of Senator Jason Isaacson And Representative Kelly Moller –Lexington Avenue Watermain ProjectDave Perrault, City AdministratorMEMO.PDFSTAFF COMMENTSTransportation Update David Swearingen, Public Works DirectorMEMO.PDFAPPROVAL OF MINUTESCONSENT 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 AnalystMEMO.PDFMotion To Approve Resolution 2021 -055 Authorizing The City To Apply For A Grant From The Minnesota Public Facilities Authority (PFA) –Lexington Avenue Watermain ProjectGayle Bauman, Finance DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve Resolution 2021 -056 Designating Polling Places For The 2022 General ElectionJulie Hanson, City ClerkMEMO.PDFATTACHMENT A.PDFMotion To Approve Resolution 2021 -057 Accepting Donation From Arden Hills FoundationJoe Vaughan, Recreation ProgrammerMEMO.PDFATTACHMENT A.PDFMotion To Approve Ordinance 2021 -010 Replacing Chapter 3, Section 380 –Local Lodging Tax, And Authorizing Publication Of Summary OrdinanceDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Approve Appointment Of City PlannerDave Perrault, City AdministratorMEMO.PDFMotion To Approve Recruitment Of Senior PlannerDave Perrault, City AdministratorMEMO.PDFMotion To Approve 2022 Recycling Contract Extension With Republic ServicesDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Approve Resolution 2021 -058 Authorizing Application For Recycling SCORE Grant Funds From Ramsey County For 2022Dave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Approve Termination Of Abatement Agreement For Land O ’Lakes Expansion ProjectGayle Bauman, Finance DirectorMEMO.PDFATTACHMENT A.PDFMotion To Approve 2021 3rd Quarter FinancialsGayle Bauman, Finance DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFMotion To Approve Resolution 2021 -059 Denying A Preliminary Plat, Final Plat, Master Planned Unit Development And Site Plan Review For 3737 Lexington Avenue N And 1133 Grey Fox Road (Aldi) –Planning Case 21 -019Jessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve Amended Planned Unit Development Agreement –Bethel University –PC 21 -020Jessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFMotion To Approve Resolution 2021 -060 Approving Plans And Specifications And Ordering Advertisement For Bids –Lexington Avenue Reconstruction ProjectDavid Swearingen, Public Works DirectorMEMO.PDFATTACHMENT A.PDFMotion To Approve Payment No. 1 And Change Orders No. 1, 2 And 3 –Karth Lake Runoff Control ProjectDavid Swearingen, Public Works DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFMotion To Authorize City Hall Cleaning Services AgreementDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Approve Appointment Of Communications CoordinatorDave Perrault, City AdministratorMEMO.PDFPULLED CONSENT ITEMSThose items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda.PUBLIC HEARINGSPlanning Case 21 -024 –Zoning Code Amendment –Chapter 13, Sections 1320.06 And 1325.05 (B -2 And B -3 Districts)Jessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFPlanning Case 21 -021 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman AvenueJessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFATTACHMENT E.PDFATTACHMENT F.PDFNEW BUSINESSOrdinance 2021 -011 Amending Chapter 13, Sections 1320.06 And 1325.05 Of The Arden Hills City Code (B -2 And B -3 Districts) And Authorizing Publication Of Summary Ordinance –Planning Case 21 -024Jessica Jagoe, Senior PlannerMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFResolution 2021 -061 –Minor Subdivision –3300 New Brighton Road And 1893 Beckman Avenue –Planning Case 21 -021 Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Resolution 2021 -062 Ordering Nuisance Abatement –1465 Floral Drive Jessica Jagoe, Senior Planner MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF UNFINISHED BUSINESS COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Regular City Council Agenda October 25, 2021 7:00 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.2.3.3.A.Documents:4.4.A.Documents:4.B.Documents:5.5.A.Documents:6.7.7.A.Documents:7.B.Documents:7.C.Documents:7.D.Documents:7.E.Documents:7.F.Documents:7.G.Documents:7.H.Documents:7.I.Documents:7.J.Documents:7.K.Documents:7.L.Documents:7.M.Documents:7.N.Documents:7.O.Documents:7.P.Documents:7.Q.Documents:8.9.9.A.Documents:9.B.Documents:10.10.A.Documents:10.B. Documents: 10.C. Documents: 11. 12. Page 1 of 1 RESPONSE TO PUBLIC INQUIRIES – 3A MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Public Inquiry Response from October 11, 2021 City Council meeting Budgeted Amount: Actual Amount: Funding Source: $ $ $ Background A verbal response will be provided at the October 25, 2021 City Council meeting. Page 1 of 1 PUBLIC PRESENTATION – 4A MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, Public Works Director SUBJECT: Lexington Avenue Reconstruction Project Update Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider N/A Background/Discussion Steve Weser, PE, Alliant Engineering, Inc. will provide a presentation update (see Attachment A) at the October 25, 2021 City Council meeting. Attachment A. 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Page 1 DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Recognition of Senator Jason Isaacson and Representative Kelly Moller Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider • The City Council will be recognizing Senator Jason Isaacson and Representative Kelly Moller for their work on assisting the City with the Lexington Avenue Watermain Project. Discussion N/A Budget Impact N/A Attachment N/A PUBLIC PRESENTATION – 4B MEMORANDUM Page 1 of 1 STAFF COMMENTS – 5A MEMORANDUM DATE: TO: FROM: October 25, 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. CONSENT ITEM 7A MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst SUBJECT: Claims and Payroll Listing Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: Claims and Payroll Listing All items need a simple majority for action unless otherwise noted. Background Payroll is processed biweekly and accounts payable is processed weekly. Budget Impact N/A Attachments $76,444.50 Total Payroll $76,444.50 $3,635.68 2021 Payroll #21 Paid Claims - 09/30/21 and 10/02/21 through 10/15/2021 (ACH Checks) (Check Nos. 50401-50425 and ACH Checks)$1,083,505.04 Total Accounts Payable $1,087,140.72 Total Claims $1,163,585.22 CITY OF ARDEN HILLS PAYROLL # 21 CHECKS DATED: 10/15/21 Biweekly: 09/25/21 - 10/08/21 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 6,389.72 EFT SIT 2,704.26 EFT FICA Oasdi 3,897.31 EFT FICA Medicare 911.47 EFT TOTAL TAXES 13,902.76 Health Premium 1,550.86 A/P Check* Dental Premium 169.48 A/P Check* FSA Health Care Reimb. 0.00 A/P Check* FSA Dependent Care Reimb. 0.00 A/P Check* TOTAL FLEXIBLE SPENDING 1,720.34 HSA Health Saving 380.00 Health Care Savings Plan-Retirement 0.00 EFT Health Care Savings Plan-2% 498.27 EFT Health Care Savings Plan-4% 561.40 EFT TOTAL HEALTH SAVINGS 1,439.67 PERA 3,880.05 EFT ICMA 2,286.02 EFT Central Pension Fund-Union 614.40 A/P Check* MN State Retirement System 750.00 EFT TOTAL RETIREMENT 7,530.47 IUOE 49 Dues (Union) 140.00 A/P Check* LTD/STD Insurance 0.00 A/P Check* PERA Life Insurance 16.00 A/P Check* Life/Addl/Dep Life 42.09 A/P Check* Life/Addl non-tax 8.40 A/P Check* UNUM 19.51 A/P Check* AFLAC 22.76 EFT TOTAL VOLUNTARY 248.76 Total Employee Deductions 24,842.00 Net Payroll 0.00 Direct Deposit 41,209.01 EFT Gross Payroll Tie-Out 66,051.01 Plus City Paid Benefit 10,393.49 TOTAL PAYROLL COST 76,444.50 FICA TIE-OUT Gross Payroll 66,051.01 Less Total FSA 1,720.34 Less Total H.SA 1,439.67 Less Voluntary Ins 31.16 Net P/R Subject to FICA 62,859.84 FICA Oasdi @ 6.20% 3,897.31 FICA Medicare @ 1.45% 911.47 Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax Deposit Service. Transfers are typically made up to two days after the payroll date. * A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report. Checks may be paid this week or the following week. 0.00 0.00 0.00 4,476.98 421.74 4,898.72 685.99 0.00 4,808.78 637.04 48.95 CITY BENEFIT 3,897.31 911.47 Accounts Payable User: Printed: pang.silseth 10/21/2021 9:47 AM Checks by Date - Detail by Check Date Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription ACH001 US BANK 09/30/2021ACH ARVIM92021 WILLIAMSON-DICKIE-clothing allow -99.98 ARVIM92021 PIONEER RIM & WHEEL-breakaway kit 64.71 ARVIM92021 NAPA STORE 3279052-shrink tubing 170.72 FRIDJ92021 AMERICAN FLAGPOLE & FLAG-state flag 37.42 FRIDJ92021 AMZN MKTP US*2G85F81D0-US Flag 39.96 HANSJ92021 JIMMY JOHNS -CC Worksession 151.37 HANSJ92021 INTERNATIONAL INSTITUTE certification 125.00 HANSJ92021 OLD SOUTHERN BBQ cmtes/cmsns picnic 708.42 HANSJ92021 NORTHERN SODA CO cmtes/cmsns picnic 72.00 MIKAT92021 THE HOME DEPOT-painting supplies 109.48 MIKAT92021 APPLE.COM/BILL-Icloud 0.99 REBATE92021 US BANK REBATE -115.55 VAUGJ92021 NFL FLAG JERSEY-jersys & flags 260.00 VAUGJ92021 WWW.PEACHJAR.COM-flyer posting 75.00 VAUGJ92021 WWW.PEACHJAR.COM-flyer posting 75.00 VAUGJ92021 DICKS SPORTING GOOD- fall soccer supplies 90.10 VAUGJ92021 MN REC & PARK ASSOC-registsration 370.00 2,134.64Total for this ACH Check for Vendor ACH001: ACH002 AFLAC 09/30/2021ACH 293390 Insurance Premiums- Sept 2021 45.52 45.52Total for this ACH Check for Vendor ACH002: ACH003 PITNEY BOWES INC 09/30/2021ACH 8232021 July Postage-Newsletter 793.44 8232021 August Postage - fee/credit -30.01 8232021 Postage - Park-Rec brochure 683.09 1,446.52Total for this ACH Check for Vendor ACH003: ACH005 MINNESOTA REVENUE-SALES & USE TAX09/30/2021ACH 82021 August Sales/Use Tax 0.07 82021 August Sales/Use Tax 8.93 9.00Total for this ACH Check for Vendor ACH005: 3,635.68Total for 9/30/2021: Report Total (4 checks): 3,635.68 Page 1AP Checks by Date - Detail by Check Date (10/21/2021 9:47 AM) Accounts Payable User: Printed: pang.silseth 10/21/2021 9:47 AM Checks by Date - Detail by Check Date Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0189 GOPHER STATE ONE CALL 10/08/2021ACH 1090186 September Locates 88.20 1090186 September Locates 88.20 1090186 September Locates 88.20 264.60Total for this ACH Check for Vendor 0189: 0210 KATH FUEL OIL SERVICE CO 10/08/2021ACH 726047 Supplies 61.84 61.84Total for this ACH Check for Vendor 0210: 0242 MET COUNCIL ENVIRON SERVICES-SAC10/08/2021ACH 09-21 SAC September 2021 SAC 231,105.00 09-21 SAC September 2021 SAC -2,311.05 228,793.95Total for this ACH Check for Vendor 0242: 0285 XCEL ENERGY 10/08/2021ACH 749858497 8/15/21-9/14/21 1,390.99 749858497 8/15/21-9/14/21 1,974.98 749858497 8/15/21-9/14/21 242.31 749858497 8/15/21-9/14/21 1,294.17 749858497 8/15/21-9/14/21 261.70 749858497 8/15/21-9/14/21 1,542.32 749858497 8/15/21-9/14/21 53.82 6,760.29Total for this ACH Check for Vendor 0285: 0292 OXYGEN SERVICE COMPANY INC 10/08/2021ACH 3505705 August Rental 27.60 27.60Total for this ACH Check for Vendor 0292: 0319 CITY OF ROSEVILLE 10/08/2021ACH 230386 IT Support-October 6,803.72 6,803.72Total for this ACH Check for Vendor 0319: 0922 NORTH SUBURBAN ACCESS CORPORATION10/08/2021ACH 2021-198 September Production 1,019.25 1,019.25Total for this ACH Check for Vendor 0922: 10470 BRANDON PATTERSON 10/08/2021ACH 10012021 Reimbursement: License Fee 30.00 30.00Total for this ACH Check for Vendor 10470: 1330 MN CLN SERVICES INC 10/08/2021ACH 1021NN01 Janitorial Services-Sept 2,005.58 Page 1AP Checks by Date - Detail by Check Date (10/21/2021 9:47 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 2,005.58Total for this ACH Check for Vendor 1330: 1408 SUPPLY SOLUTIONS LLC 10/08/2021ACH 34306 Supplies 234.17 234.17Total for this ACH Check for Vendor 1408: 4447 BRAUN INTERTEC CORPORATION 10/08/2021ACH B268798 2021 PMP through 9/24 4,198.25 4,198.25Total for this ACH Check for Vendor 4447: 5173 BADGER METER 10/08/2021ACH 80082933 Q4 Gateway Fees 270.00 270.00Total for this ACH Check for Vendor 5173: TOII TOKLE INSPECTIONS INC 10/08/2021ACH 10042021 Electrical Inspections-September 3,142.40 3,142.40Total for this ACH Check for Vendor TOII: 0131 BEISSWENGERS DO IT BEST 10/08/202150401 503296 Supplies 9.16 504137 Supplies 15.99 25.15Total for Check Number 50401: 1033 COMCAST 10/08/202150402 101030.1021 Service 10/3-11/2 108.35 108.35Total for Check Number 50402: 10405 DALEY ELECTRIC LLC 10/08/202150403 210419 Service to extend wire 446.00 446.00Total for Check Number 50403: 4999 HIRSHFIELD'S PAINT MFG INC 10/08/202150404 0012664-IN Field Striping Paint 1,612.80 1,612.80Total for Check Number 50404: 0447 I.U.O.E LOCAL 49 BENEFIT FUND-INSURANCE10/08/202150405 BP3.1121 November Insurance 10,600.00 NB4.1121 November Insurance 1,527.00 12,127.00Total for Check Number 50405: 0390 INT'L UNION OPERATING ENGINEERS-UNION DUES10/08/202150406 1200.1021 October Dues 280.00 280.00Total for Check Number 50406: NSCC NORTH SUBURBAN COMMUNICATIONS COMMISSION INC10/08/202150407 2021-522 Q3 2021 Contribution 6,137.64 6,137.64Total for Check Number 50407: 3100 PROVIDENT LIFE AND ACCIDENT INS CO10/08/202150408 E0471136.0921 September Insurance 39.02 Page 2AP Checks by Date - Detail by Check Date (10/21/2021 9:47 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 39.02Total for Check Number 50408: 10471 RAINBOW TREECARE 10/08/202150409 414173 Treatment-Ash Trees 3,895.00 3,895.00Total for Check Number 50409: 0811 RAMSEY COUNTY 10/08/202150410 PUBW-019379 Crosswalk and Message Painting-June 8,730.06 PUBW-019380 Paving Project- June 2021 1,527.30 10,257.36Total for Check Number 50410: 0282 REPUBLIC SERVICES #899 10/08/202150411 0899-003781505 Recycling-September 8,282.00 0899-003785959 PW Waste-September 211.06 8,493.06Total for Check Number 50411: 297,033.03Total for 10/8/2021: 0008 JOSEPH MOONEY 10/15/2021ACH 101121 Reimb: Tile for City Hall 8.73 8.73Total for this ACH Check for Vendor 0008: 0243 METROPOLITAN COUNCIL-WASTE WATER10/15/2021ACH 1130523 Waste Water-November 70,596.57 70,596.57Total for this ACH Check for Vendor 0243: 0320 HEALTH PARTNERS INC 10/15/2021ACH 107916733 November Dental 779.48 779.48Total for this ACH Check for Vendor 0320: 0327 STAPLES INC 10/15/2021ACH 3487961719 Supplies 33.07 3487961720 Supplies 69.57 102.64Total for this ACH Check for Vendor 0327: 0382 ICMA RETIREMENT TRUST - 106944 10/15/2021ACH PR 21-021 PR Batch 00200.10.2021 ICMA Employee Percent 401PR Batch 00200.10.2021 ICMA Employee Percent 401 365.51 PR 21-021 PR Batch 00200.10.2021 ICMA Employer Percent 401PR Batch 00200.10.2021 ICMA Employer Percent 401 421.74 787.25Total for this ACH Check for Vendor 0382: 0387 ICMA RETIREMENT TRUST #302482 10/15/2021ACH PR 21-021 PR Batch 00200.10.2021 ICMA Employee DeductionPR Batch 00200.10.2021 ICMA Employee Deduction 1,736.54 PR 21-021 PR Batch 00200.10.2021 ICMA Employee PercentPR Batch 00200.10.2021 ICMA Employee Percent 183.97 1,920.51Total for this ACH Check for Vendor 0387: 0549 ABLE HOSE & RUBBER LLC INC 10/15/2021ACH 225982-001 supplies-hose 82.80 82.80Total for this ACH Check for Vendor 0549: 10363 MINUTE MAKER SECRETARIAL 10/15/2021ACH Page 3AP Checks by Date - Detail by Check Date (10/21/2021 9:47 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription M1350 CC Meetng Minutes 9/27 215.50 215.50Total for this ACH Check for Vendor 10363: 10433 STEVEN BAAR 10/15/2021ACH 100721 Mileage Reimb-10/1/21 68.32 68.32Total for this ACH Check for Vendor 10433: 1115 WSB & ASSOCIATES INC 10/15/2021ACH R-017880-000-5 2021 GIS-August 1,536.00 R-018842-000-1 2021 Seal Coat-August 672.75 2,208.75Total for this ACH Check for Vendor 1115: 1125 BOLTON & MENK INC 10/15/2021ACH 276562 2021 PMP-Hazelnut 49,064.60 276563 2022 PMP-Snelling 11,878.50 60,943.10Total for this ACH Check for Vendor 1125: 1223 ADAM'S PEST CONTROL - MAIN 10/15/2021ACH 3375009 October Pest Control 71.59 71.59Total for this ACH Check for Vendor 1223: 7025 ON SITE COMPANIES -OSSTC INC 10/15/2021ACH 1214159 Restrooms 10/2-10/29 622.00 622.00Total for this ACH Check for Vendor 7025: 7501 KELLY & LEMMONS PA 10/15/2021ACH 56672 September Prosecution 3,389.00 3,389.00Total for this ACH Check for Vendor 7501: ALPI ALLEGRA PRINT & IMAGING INC 10/15/2021ACH 93021 Postage-Oct Newsletter 758.69 758.69Total for this ACH Check for Vendor ALPI: ESRI ESRI 10/15/2021ACH 94111662 Agreement Fee 11/10/21-11/9/22 15,000.00 15,000.00Total for this ACH Check for Vendor ESRI: 10466 C&L EXCAVATING INC 10/15/202150412 PW-21-0100 Pay4 2021 PMP Pmt 4 358,903.85 PW-21-0100 Pay4 2021 PMP Pmt 4 -17,945.19 340,958.66Total for Check Number 50412: 1033 COMCAST 10/15/202150413 98681.1021 Service 10/5-11/4 109.71 109.71Total for Check Number 50413: 10405 DALEY ELECTRIC LLC 10/15/202150414 210444 Install of collector 2,392.00 2,392.00Total for Check Number 50414: 0176 FRATTALLONES HARDWARE INC 10/15/202150415 Page 4AP Checks by Date - Detail by Check Date (10/21/2021 9:47 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 93971/A Supplies 11.96 11.96Total for Check Number 50415: 1193 FURTHER INC 10/15/202150416 15853473 Participant Fee 41.25 41.25Total for Check Number 50416: AR-HEAL HEALTHPARTNERS 10/15/202150417 PC17-011 Land Escrow Refund PC17-011, 3930 Northwood Dr Landscape 18,634.00 PC17-011 Site Escrow Refund PC17-011, 3930 Northwood Dr Site Improve 35,714.00 54,348.00Total for Check Number 50417: AR-HRP HRP ARDEN HILLS LLC 10/15/202150418 PC15-016 Escrow Refund PC15-016, 3561 Lexington Ave 22,760.64 PC15-016 Land Escrow Refund PC15-016, 3561 Lexington Ave-Landscape 9,971.00 32,731.64Total for Check Number 50418: 01467 MINNESOTA SWORD PLAY 10/15/202150419 22 Fall Fencing 840.00 840.00Total for Check Number 50419: 10271 MN PEIP 10/15/202150420 1126903 November Insurance 9,198.72 9,198.72Total for Check Number 50420: 0330 PIONEER PRESS 10/15/202150421 11503734.1 26 Week Subscription to 4/17/22 393.00 393.00Total for Check Number 50421: 0811 RAMSEY COUNTY 10/15/202150422 SHRFL-002014 Law Enforcement-October 115,686.34 115,686.34Total for Check Number 50422: 10469 RUM RIVER CONSTRUCTION CONSULTANTS10/15/202150423 420 August Inspections 71,478.08 71,478.08Total for Check Number 50423: 10354 ST. PAUL PIONEER PRESS 10/15/202150424 921572589 Notice: PC21-019 #596-September 99.90 921572589 Notice: PC21-021 #599-September 42.30 921572589 Notice: Delinq UB 29.70 921572589 Notice: PC21-020 #603-September 46.80 921572589 Notices 9/22-9/30 233.10 451.80Total for Check Number 50424: 0336 T.A. SCHIFSKY & SONS INC 10/15/202150425 67767 Asphalt Purchase 9/26-10/2 275.92 275.92Total for Check Number 50425: 786,472.01Total for 10/15/2021: Page 5AP Checks by Date - Detail by Check Date (10/21/2021 9:47 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription Report Total (54 checks): 1,083,505.04 Page 6AP Checks by Date - Detail by Check Date (10/21/2021 9:47 AM) CONSENT ITEM – 7B MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director SUBJECT: Resolution 2021-055 Authorizing a Grant Agreement for Lexington Avenue Budgeted Amount: Actual Amount: Funding Source: $500,000 $500,000 State Bond Grant Funds Council Should Consider Motion to approve, table or deny the following: • Resolution 2021-055 authorizing the City of Arden Hills to apply for a grant from the Minnesota Public Facilities Authority and to enter into a Grant Agreement for the City of Arden Hills. All items need a simple majority for action unless otherwise noted. Background The Minnesota Public Facilities Authority (PFA) provided notice that the City received a State Bonding Bill appropriation in the amount of $500,000 for water main improvements along Lexington Avenue. Staff originally prepared the required application documents necessary to receive the grant funds through PFA in December 2020. PFA has requested an updated application packet which reflects only costs associated with the items covered by the grant and a new resolution based on the language change for the special appropriation. Discussion The application packet has been updated with new contact information and the costs have been revised to reflect only items covered by the grant. A resolution is required to be submitted along with the application materials stating that the City has the legal authority to apply for the grant, and capacity to ensure proper delivery of the project, and authorization to execute the grant agreement. Resolution 2021-055 is provided in Attachment B for Council consideration and approval. Budget Impact The grant will cover up to $500,000 of the cost to acquire permanent easements for and to engineer and install a water main extending along Lexington Avenue, from County Road E to marked Interstate Highway 694. Attachments A. 2020 Special Appropriation Funds Application Packet B. Resolution 2021-055 2020 Special Appropriation Funds October 2020 Minnesota Public Facilities Authority First National Bank Building, Suite W820 332 Minnesota Street Saint Paul, MN 55101-1378 Phone 651-259-7469 or 1-800-657-3858 (Outside Metro Area) TTY/TDD: 651-296-3900 www.mn.gov/pfa Attachment A CCONTENTS General Information .................................................................................................................................................. 3 State General Obligation Bond Appropriation ...................................................................................................... 3 Resources .............................................................................................................................................................. 4 Special Appropriation Checklist ................................................................................................................................. 5 Items submitted to PFA with the application .................................................................................................... 5 Items submitted to the PFA prior to grant award ............................................................................................. 5 Items submitted to the PFA prior to disbursement of funds ............................................................................ 6 Form 1 – Project Contacts ......................................................................................................................................... 7 Form 2 – Project Information .................................................................................................................................... 9 Form 3 – Tax-Compliance Certification Checklist .................................................................................................... 12 Form 4 – Budget (Sources and Uses) Instructions ................................................................................................... 13 Form 5 Special Appropriation Resolution Instructions ............................................................................................ 15 APPENDIX A State Prevailing Wages - Required Construction Contract Language ................................................. 16 APPENDIX B Real Property Declaration and Waiver Requirements ........................................................................ 17 Real Property Declaration ................................................................................................................................... 17 Real Property Declaration Recording Waiver ..................................................................................................... 17 Example Documents – ......................................................................................................................................... 17 Minnesota Public Facilities Authority Example Real Property Declaration ..................................................... 18 INFORMATION FOR REQUESTING A WAIVER FROM REAL PROPERTY FILING ..................................................... 22 REQUIREMENTS AND EXAMPLE LETTER AND CERTIFICATION ............................................................................ 22 Example Letter to MMB Requesting Approval of a Waiver ............................................................................. 24 Example Waiver Certification .......................................................................................................................... 26 APPENDIX C JOB REPORTING FORM TEMPLATE ...................................................................................................... 28 Minnesota Public Facilities Authority 2020 Special Appropriation Forms 2 of 28 October 2020 GGENERALL INFORMATIONN As a recipient of a special appropriation from the 2020 Minnesota Legislature, you will be required to enter into a grant agreement with the Minnesota Public Facilities Authority (PFA) for the project funding. Prior to receiving a grant agreement from the PFA, you will need to complete and submit this application and the information listed on the Special Appropriation checklistthat is applicable to your project. This application addresses projectrequirements for State general obligation bond financed projects and contains the following information: x Special appropriation forms – please note the budget form is a separate Excel document x Checklist of documents to submit x Example special appropriation resolution x State prevailing wage contract language x Example declaration form and waiver request x Jobs reporting form template Information requested in these forms and accompanying checklist is needed to meet the requirements stated below. PFA staff prepare the grant agreement by using Minnesota Management and Budget’s standard grant agreement templates and specific information provided in the application forms. Submitted information is incorporated as a part of the grant agreement once executed. Statee Generall Obligationn Bondd Appropriationn Projects financed with the proceeds of state general obligation bonds are subject to requirements of the Minnesota Constitution, state statutes, appropriation bill language and state accounting policies. Projects must have a public purpose and public ownership. The grantee must demonstrate its ability to fully fund the project and, once constructed, be able to operate and maintain the facility (sewer, storm and/or water system). General obligation bond proceedscan only be used for items specified in the appropriation bill language and must be for eligible capital expenditures. Costs incurred before October22, 2020 arenot eligible for reimbursement under the grant agreement. Grantees must document full project funding is in place before PFA can issue a grant agreement. If project costs are in excess of the funds appropriated, or if the appropriation language requires a non-state match or contribution, the grantee must provide documentation that needed cash, financing, other grants, etc., are in place. Grantees must follow the state Uniform Municipal Contracting Law and other applicable requirements (bidding, special requirements for out-of-state contractors, workers compensation, etc.) in the construction of the project. State prevailing wage rates apply to the project (available from the Minnesota Department of Labor and Industry, Labor Standards Division 651/284-5091 www.DOLI.state.mn.us). The grant agreement will identify contract requirements that must be included in the bid documents. It is the grantee’s responsibility to incorporate all applicable requirements for their project. Some requirements stay with the project after the funds are disbursed and the project is completed. A declaration that identifies the real property as “bond-financed property” must be filed with the County Recorder’s office. For Minnesota Public Facilities Authority 2020 Special Appropriation Forms 3 of 28 October 2020 Prior to receiving a grant a greement from the PFA, you will need to complete and submit this application and the information listed on the Special Appropriation checklist that is applicable to your project. Costs incurred before October 22, 2020 are not eligible for reimbursement under the grant agreement. projects located within roads, highways or utility or transit corridors, easements or rights of way, where recordings would be problematic, a waiver to the declaration recording requirement may be requested from the Commissioner of Management and Budget (MMB). Example declaration and waiver requests are provided. Form 3 is the Tax Compliance Certification Checklist. The City may need to consult with their attorney in order to complete the checklist. RResources PFA staff will be prepare the grant agreement using information provided in the application. The PFA uses Minnesota Management and Budget (MMB) grant agreement templates to develop the grant agreement. Following are links to Minnesota Management and Budget’s website. See the Capital Grants Manual for information on the requirements and process, and the Agreements section for samples of agreements and applicable instructions. Capital Grants Manual: https://mn.gov/mmb/debt-management/capital-projects/capital-grants- manual/ Grant Agreement Templates and Checklists: https://mn.gov/mmb/debt-management/capital-projects/grant- agreements/ Return completed forms, supporting documents and resolution to your loan officer via email. Contact information is identified in the transmittal letter. Minnesota Public Facilities Authority First National Bank Building, Suite W820 332 Minnesota Street Saint Paul, MN 55101-1378 Minnesota Public Facilities Authority 2020 Special Appropriation Forms 4 of 28 October 2020 SSPECIAL APPROPRIATION CHECKLIST This checklist provides a general listing of items that may apply to a project. Contact the PFA loan officer if you have questions regarding the applicability of particular items to your project. Items submitted to PFA with the application Forms 1-3, as applicable Items submitted to the PFA prior to grant award Revised Form 3 (Budget) based on as-bid costs. Bid tabulation/engineer’s recommendation of award. Copy of the fixed price construction contract, along with the payment and performance bond Documentation of total project funding, including matching funds, if required Copy of adopted water/wastewater/storm water ordinance and rate structure(s), as appropriate Annual operating budget for the system(s). Copy of adopted resolutions and meeting minutes relating to the project If applicable, copy of draft or final agreement with service provider for operation and maintenance of system, with costs based on the tasks and responsibilities described in the operation and maintenance manual and management plan. All use contracts for GO Bond funded projects must be approved by MN Management and Budget. Additional information can be found in the Capital Grants Manual. Approval letter for construction project plans and specifications from the MPCA or MDH, as appropriate Minnesota Public Facilities Authority 2020 Special Appropriation Forms 5 of 28 October 2020 Eͬ Eͬ Eͬ dŚĞƐĞŝƚĞŵƐǁĞƌĞŽƌŝŐŝŶĂůůǇĞŵĂŝůĞĚƚŽĞĐŬǇϭϮͲϮϮͲϮϬ͘ Resolution of applicant (example provided by PFA) For Special Districts, a copy of the organizational documents or Inter-municipal or Joint Powers Agreement (enacted) if more than one municipality involved in project Amortization schedules for any debt on systems impacted by the project. The most recently approved audit/financial report. ϮϬϮϬ&ZǁĂƐĞŵĂŝůĞĚϬϱͲϮϲͲϮϬϮϭ͘ ✔ ✔ ✔ ✔ ✔ Documentation of applicant’s ownership of property, including legal description Documentation of recorded utility easements, where needed Weighted average useful life calculation Any other information requested by PFA to support the application Items submitted to the PFA prior to disbursement of funds A Disbursement Request Form with supporting documentation such as invoices for engineering and construction, etc. Documentation that the Real Property Declaration has been recorded and/or a Waiver Certification for the recording of the Real Property Declaration from MN Management and Budget. Minnesota Public Facilities Authority 2020 Special Appropriation Forms 6 of 28 October 2020 FFORM 1 – PROJECT CONTACTS Applicant Information Applicant Name County Contact Person Telephone Contact Person Title E-mail Address Address Applicant DUNS No. Applicant’s State of Minnesota Vendor No. Applicant officials authorized to sign grant agreement: Authorized Signer #1 Name #1 Title #1 Email Authorized Signer #2 Name #2 Title #2 Email Consultants and Advisors Consulting Engineer Name Telephone Engineering Firm E-mail Minnesota Public Facilities Authority 2020 Special Appropriation Forms 7 of 28 October 2020 City of Arden Hills Ramsey David Swearingen 651-792-7847 Public Works Dir/City Eng dswearingen@cityofardenhills.o 1245 Hwy 96 West Arden Hills, MN 55112 040968141 VN0000197668 David Grant Mayor dgrant@cityofardenhills.org Dave Perrault City Administrator dperrault@cityofardenhills.org Steve Weser 612-767-9347 Alliant Engineering sweser@alliant-inc.com Person responsible for Minnesota prevailing wage compliance monitoring: Name Telephone Firm E-mail MPCA/MDH Engineer Telephone Will a Public Utilities Commission be responsible for operation & maintenance of the project? No Yes (provide information below) PUC Contact Person Telephone PUC Title E-mail Address Minnesota Public Facilities Authority 2020 Special Appropriation Forms 8 of 28 October 2020 John Mazzitello 651-266-7105 Ramsey County 651-201-4684 David Weum 651-201-4684 FFORM 2 – PROJECT INFORMATION 1. Provide a brief description of the project: Describe the project service area and provide a map of the area: Identify the type and number of benefitting properties in the project service area: Identify the major non-residential users that will be part of the project: 2. Identify proposed sources of project financing (aside from the special appropriation) Source Amount Requested Contact Person/Phone Status Minnesota Public Facilities Authority 2020 Special Appropriation Forms 9 of 28 October 2020 This project includes replacing approximately 1,500 feet of existing deteriorated 12-inch diameter water main along County State Aid Highway 51 (Lexington Avenue) to improve infrastructure reliability and to protect the trunk water main from failure during county highway construction. The road improvement project is part of a Ramsey County project to expand and improve CSAH 51 from County Road E to Interstate Highway 694. The water main within the project area provides potable water service to commercial retail and industrial properties and conveyance capacity to the northern portion of Arden Hills as shown on Exhibit A. Three commercial retail parcels with multiple tenant spaces, one commercial service business, one restaurant parcel and two commercial/industrial use parcels all within the B-3 Service Business District. Starbucks, Potbelly Sandwich Shop, POP Culture Frozen Yogurt, Noodles and Company, Jimmy Johns, Old Southern BBQ, State Farm Insurance, Rancheros Mexican Grill, Jim Laabs Pianos, Big O Tires, Arby's Restaurant, and Pace property. City Water Fund $66,069 Gayle Bauman/651-792-7816 Approved Additional information on other sources of project financing: 3. Provide estimated dates for: Submittal of Plans and Specifications: MN Pollution Control Agency (MPCA) or MN Department of Health (MDH) Approval: Advertising for Bids: Open bids: Award bids: Start Construction: End Construction: 4. Specify the sources of revenue that will be used to pay the facility operation and maintenance costs for the applicable fund (sewer, storm or water). Discuss current rates and any recent or planned rate increases. Discuss current charges for new connections and any recent or planned access increases. Include a copy of the current rates. 5. Identify any private activity considerations/concerns with the project (such as a contract with a private entity for operation of the facility, or large commercial or industrial users charged under a different rate structure.) Minnesota Public Facilities Authority 2020 Special Appropriation Forms 10 of 28 October 2020 City Water Utility Fund May 2021 September 2021 October 2021 November 2021 December 2021 April 2022 November 2022 Operation and maintenance costs for the new water main will come from the City Water Utility Fund. 2021 rates for residential water are $3.41, $4.38 and $7.75 per 1,000 gallons at consumption of 1-10,000 gallons, 10,001-35,000 gallons and over 35,000 gallons respectively. There are no planned rate increases due to this project as all of the proposed improvements are to the water main and existing services. N/A Is there a contract/agreement with another entity to operate or manage the sewer system (i.e. private operator agreement)? If yes, please submit a copy of the contract/agreement. Yes No 6. For projects where the applicant will issue bonds, commit city cash, or use any other sources to provide required non-state contribution, or demonstrate total project funding, provide details and a schedule for these actions, and indicate the source(s) of revenue for repayment of the bonds, if needed. (i.e., net revenue, assessments) 7. Identify whether the project site(s) are owned by the applicant, leased by the applicant, or other (specify): 8. Will any of the project occur in or along a State Trunk Highway? If yes, please explain. Minnesota Public Facilities Authority 2020 Special Appropriation Forms 11 of 28 October 2020 The City's share of the project over $500,000 will be paid from the Water Utility Fund. The project site is located within public easements and right-of-way owned by Ramsey County and the City of Arden Hills. Water main installation will not be located within a State Trunk Highway. Water main is located within a Ramsey County CSAH roadway. FFORM 3 – TAX-COMPLIANCE CERTIFICATION CHECKLIST Applicant: Person Completing Form: Date Form Completed: Applicant’s Tax Compliance Officer: Description of Financed Assets: Item Question Response Yes/No 1 Ownership 1 Does the Applicant own all of the project assets to be financed (land, facilities, buildings)? 2 Lease and Other Rights 2 Is any part of a Financed Asset leased pursuant to a lease or similar agreement for more than 50 days? 3 Management or Services Agreements 3 Has the Applicant entered into an agreement with another entity to manage the operation of the Financed Assets? (for example, odes a private entity operate the System on behalf of the Applicant) 4 Output Agreements & Other Use 4 Has the Applicant entered into any agreement with an individual or entity that grants special legal rights to the Financed Asset or permits any entity to purchase output of the system other than at retail (e.g., has the Applicant entered into a take agreement, a take or pay agreement, a requirements agreement, or similar agreement related to output from the Financed Assets)? 5 Legal Review 5 If the answer to 2, 3 or 4 is “Yes”, has the City’s attorney or bond counsel reviewed the agreements for conformance with IRS tax- exempt rules and regulations? Minnesota Public Facilities Authority 2020 Special Appropriation Forms 12 of 28 October 2020 City of Arden Hills Gayle Bauman 10/25/2021 Gayle Bauman Yes No No No N/A FFORM 4 – BUDGET (SOURCES AND USES) INSTRUCTIONS Form 4 is a separate Excel spreadsheet with built-in formulas. Using the separate Excel version of this form, provide a draft Form 4 Budget prior to bidding, including estimated start and end dates. After final project costs are determined, please submit a revised Form 4 Budget, with start and end dates. List the activities that apply to your project, and were described in the legislation. Matching funds must be used for activities described in the legislation. Minnesota Public Facilities Authority 2020 Special Appropriation Form 4 - Project Budget (Sources and Uses) Applicant:Project: Date: 1. Non-Construction Costs A.- B.- C.- D.- E.- Non-Construction Subtotal -$ -$ -$ -$ -$ 2. Construction Costs A.- B.- C.- D.- E.- F.- Construction Subtotal -$ -$ -$ -$ -$ Project Total -$ -$ -$ -$ -$ Notes: (1) (2)Uses must be supported by professional services agreement (for engineering/design, etc.) and fixed price, as-bid construction contract. End Date Total Requested From Appropriation Total Project Cost If a non-state contribution or match is required by the legislation, or if project costs are in excess of the appropriation, this must be shown on the budget and appropriate documentation submitted. Required matching funds must be used only on activities described in the legislation. Total project funding can include costs not included in the legislation. Uses of Funds (2) Sources of Funds (1) Start Date Minnesota Public Facilities Authority 2020 Special Appropriation Forms 13 of 28 October 2020 This page intentionally left blank Minnesota Public Facilities Authority 2020 Special Appropriation Forms 14 of 28 October 2020 FFORM 5 SPECIAL APPROPRIATION RESOLUTION INSTRUCTIONS PFA staff will provide the applicant with an application/agreement resolution that has been customized with the appropriate legislative citation, which needs to be completed and adopted by the applicant’s governing body. Minnesota Public Facilities Authority 2020 Special Appropriation Forms 15 of 28 October 2020 AAPPENDIX A STATE PREVAILING WAGES - REQUIRED CONSTRUCTION CONTRACT LANGUAGE Include the language below in all construction contracts: Pursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Rules 5200.1000 to 5200.1120, this contract is subject to the prevailing wages as established by the Minnesota Department of Labor and Industry. Specifically, contractors and subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or criminal penalties. Insert the applicable Minnesota wage determination into all proposals and all contracts. Payrolls/Records The contractor and subcontractor shall furnish to the OWNER copies of any or all payrolls not more than 14 days after the end of each pay period. The payrolls must contain all of the data required by Minnesota Statutes Section 177.30. Subcontractors must furnish payrolls to the contractor. The OWNER may examine all records relating to wages paid laborers or mechanics on work to which Minnesota Statutes Sections 177.41 to 177.44 apply. Posting of Wage Rates/Required Posters Each contractor and subcontractor performing work on a public project shall post on the project the applicable prevailing wage rates and hourly basic rates of pay for the county or area within which the project is being performed, including the effective date of any changes thereof, in at least one conspicuous place for the information of the employees working on the project. The information so posted shall include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits, and any other economic benefits required to be paid. For more information regarding prevailing wage and its application, contact: Minnesota Department of Labor and Industry Prevailing Wage Unit 443 Lafayette Road N. St. Paul, MN 55155 Phone: (651) 284-5091 E-mail: dli.prevwage@state.mn.us Web: http://www.dli.mn.gov/LS/PrevWage.asp Minnesota Public Facilities Authority 2020 Special Appropriation Forms 16 of 28 October 2020 AAPPENDIX B REAL PROPERTY DECLARATION AND WAIVER REQUIREMENTS A recipient receiving an appropriation of state general obligation bond proceeds is required to: - Record a Real Property Declaration that identifies the properties on which the recipient uses PFA funds as “state bond financed property or - Request a waiver from Minnesota Management and Budget (MMB) from the recording requirement, and sign a Waiver Certification and/or - Both record a Real Property Declaration and request a waiver/sign a Waiver Certification Recipients must provide a copy of the recorded Declaration and/or signed Waiver Certification and/or a copy of the recorded Declaration to PFA and MMB prior to disbursement of money for construction activities or as soon thereafter as possible. Real Property Declaration - The recorded Real Property Declaration places limitations on the use and sale of real property improved with state bond proceeds under Minn. Stat. Sec. 16A.695 and the Fourth Order Amending Order of the Commissioner of Finance Amending Order of the Commissioner of Finance dated July 30, 2012 (the “Commissioner’s Order”). Some activities needing this: treatment plants, ponds, lift stations, water towers, demolition sites. Recipients should have an attorney draft the Declaration and confirm the accuracy of the recordable parcel(s). Real Property Declaration Recording Waiver - Section 7.02 of the Commissioner’s Order allows the Commissioner of Minnesota Management and Budget (MMB) to waive the declaration recording requirement for projects or portions of projects located within roads, highways or utility or transit corridors, easements or rights or way where recording would be problematic. If your project, or a portion of it fits this description, the recipient should request a waiver from the recording requirement from MMB. If MMB grants the waiver from the recording requirement, the recipient will need to sign a Waiver Certification for those parts of the project, in which the recipient acknowledges that those project areas are “state bond financed property”. A description (legal description not needed) and/or map of the project areas should be attached to the Waiver Certification. Example Documents – The following documents are attached: x Example Real Property Declaration x Information for Requesting a Waiver from Real Property Filing x Example Letter to MMB Requesting Approval of a Waiver x Example MMB Waiver Certification Minnesota Public Facilities Authority 2020 Special Appropriation Forms 17 of 28 October 2020 Minnesota Public Facilities Authority Example Real Property Declaration FOR USE BY FILING OFFICER ONLY REAL PROPERTY DECLARATION The undersigned has the following interest in the real property located in the County of ________, State of Minnesota, that is legally described in Exhibit A attached and all facilities situated thereon (collectively, the “Restricted Property”): (Check the appropriate box.) a fee simple title a lease an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by the said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain Agreement between the Minnesota Public Facilities Authority and (Borrower Name) _____________ for Project No. ___________, and dated (Approval Date) _________. The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable from signed by both the Chair of the Minnesota Public Facilities Authority and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. Minnesota Public Facilities Authority 2020 Special Appropriation Forms 18 of 28 October 2020 , a «BorrowerName» By: Title: Dated: By Title: Dated: STATE OF MINNESOTA ) ) ss. COUNTY OF ) This forgoing instrument was acknowledged before me this ___ day of ___________, 20__, by _________________________ the _________________ [insert name and title of first signatory], and __________________, the ________________________ [insert name ant title of second signatory], respectively, of the_____________________, a_______________________, [insert name and description of the entity receiving the funds]. Notary Public This Declaration was drafted by: [insert name and address] Minnesota Public Facilities Authority 2020 Special Appropriation Forms 19 of 28 October 2020 Exhibit A LEGAL DESCRIPTION Minnesota Public Facilities Authority 2020 Special Appropriation Forms 20 of 28 October 2020 This page intentionally left blank Minnesota Public Facilities Authority 2020 Special Appropriation Forms 21 of 28 October 2020 IINFORMATION FOR REQUESTING A WAIVER FROM REAL PROPERTY FILING REQUIREMENTS AND EXAMPLE LETTER AND CERTIFICATION Per the Minnesota Management and Budget’s (MMB) Fourth Order Amending Order of Commissioner of Finance, waiver requests may be submitted to the real property declaration filing requirement for projects that “acquire or better real property within roads, highway or utility or transit corridors, easements or rights of way” where the recording of the “declaration otherwise required would be unduly onerous or impracticable”. Provide the following information for MMB’s evaluation: 1. A formal request to the Commissioner of MMB and justification by the City for waiver of Real Property Declaration requirement in accordance with Section 7.02 (b) of the Order. 2. Identify the PFA program (Wastewater Infrastructure Fund (WIF)) that is expected to finance the project. 3. A project description as determined within the application and approved by USDA Rural Development 4. A map reflecting actual location of property to be improved The request may be submitted electronically to Roger Behrens Roger.Behrens@state.mn.us at MMB for review and response. MMB’s mailing address is: Mr. Jim Schowalter, Commissioner Minnesota Management and Budget ATTN: Mr. Roger Behrens 400 Centennial Office Building 658 Cedar Street Saint Paul, MN 55155 Please also copy your PFA loan officer on the waiver request. Important: If MMB approves the waiver request, approval will be granted conditionally until MMB’s receipt of a signed certification. PFA will mail the certification form to the borrower after loan approval. An example certification form is on the following page. The executed waiver form and certification is to be provided to PFA prior to disbursement of money for construction activities. Some projects may include components that will require both a real property declaration and a waiver request. Contact your PFA loan officer with any questions. Minnesota Public Facilities Authority 2020 Special Appropriation Forms 22 of 28 October 2020 This page intentionally left blank Minnesota Public Facilities Authority 2020 Special Appropriation Forms 23 of 28 October 2020 Example Letter to MMB Requesting Approval of a Waiver (Put on City Letterhead) _________________, 2020 Commissioner of Minnesota Management and Budget c/o Roger Behrens via email roger.behrens@state.mn.us Minnesota Management and Budget 400 Centennial Office Building 658 Cedar Street St. Paul, MN 55155 RE: Real Property Declaration Waiver Request - _______________ Project MPFA-SPAP-G-___________ [insert project number assigned by MPFA] Dear Commissioner: Through the Minnesota Public Facilities Authority (“PFA”), the City of ___________________ has been awarded a Special Appropriation from the 2017 Minnesota Legislature for a project within its jurisdiction. The project is described as follows: [insert description) Projects funded in whole or in part with State bond proceeds, so the City must comply with the requirements applicable to Real Property Declarations set forth in Section 7.02 of Minnesota Management and Budget’s (MMB’s) Fourth Order Amending Order of Commissioner of Finance dated July 30, 2012 (the “Commissioner’s Order”). [use one of the following two paragraphs:] [if the entire project is eligible for a waiver] This letter constitutes the City’s written request for a waiver of the Declaration requirement because the entire project lies within roads, highways or utility or transit corridors, easements or rights of way, and the recording of the Declaration against such property would be unduly onerous or impracticable. I understand that the City will have to sign a Waiver Certification that the property improved by the funding described above is State bond financed property and cannot be sold, encumbered or otherwise disposed of without the approval of the Commissioner of MMB. [if only a portion of the project is eligible for a waiver] This letter constitutes the City’s written request for a waiver of the Declaration requirement for the portion of the project within roads, highways or utility or transit corridors, easements or rights of way, where the recording of the Declaration against such property would be unduly onerous or impracticable. I understand that the City will have to sign a Waiver Certification that the property subject to the waiver is State bond financed property and cannot be sold, encumbered or otherwise disposed of without the approval of the Commissioner of MMB. I also understand that the City will be required to record a real property Declaration for the remaining parcel(s) of land in the project that is/are not eligible for the waiver, stating that such parcel(s) is/are State bond financed property and cannot be sold, encumbered or otherwise disposed of without the approval of the Commissioner of MMB. Minnesota Public Facilities Authority 2020 Special Appropriation Forms 24 of 28 October 2020 I am including for your review a map which shows the location of the project. If you need any additional information, please contact me at (___)__________________. Sincerely, cc: ____________, PFA [insert name of PFA loan officer] Minnesota Public Facilities Authority 2020 Special Appropriation Forms 25 of 28 October 2020 Example Waiver Certification Minnesota Management and Budget Certification- Waiver from Filing Requirements State of Minnesota General Obligation Bond Financed Property The undersigned has a fee simple, leasehold and/or easement interest in the real property located in the County(ies) of _____________, State of Minnesota that is generally described or illustrated graphically in Exhibit A attached and all facilities situated thereon (the “Restricted Property”) and acknowledges that the Restricted Property is or may become State bond-financed property. To the extent that the Restricted Property is or becomes State bond-financed property, the undersigned acknowledges that: A. The Restricted Property is state bond financed property within the meaning of Minn. Stat. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; B. The Restricted Property is subject to the provisions of the _________________________________________________________ [title of grant or loan agreement] between ________________________________ [State agency providing the grant or loan] and _____________________________________ [name of undersigned grantee or borrower], dated ________________, 20___; and C. The Restricted Property shall continue to be deemed state bond financed property for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget. Date: __________________, 20____ _____________________________________, a ________________________________ [name and description of the grantee or borrower] By: ________________________________ Name: _______________________________ Title: _______________________________ By: ________________________________ Name: _______________________________ Title: _______________________________ Minnesota Public Facilities Authority 2020 Special Appropriation Forms 26 of 28 October 2020 Exhibit A GENERAL DESCRIPTION OF RESTRICTED PROPERTY [Insert a narrative or graphic description of the Restricted Property. It need not be a legal description.] Minnesota Public Facilities Authority 2020 Special Appropriation Forms 27 of 28 October 2020 AAPPENDIX C JOB REPORTING FORM TEMPLATE Minnesota Statutes Section 16A.633, subdivision 4, requires reporting on jobs created or retained as part of the project. An example of the job reporting template is below. A form specific for your project will provided to you after grant award. Contact your loan officer with any questions about the job reporting requirements. MN Jobs Reporting spreadsheet for capital projects funded thru the MN Public Facilities Authority part 1. PFA project info: Recipient Proj id Approv dt Program Description (s) Funding ID (s) Award Amts Big Lake 06/24/20 SPAP 2018 Big Lake - WW Treatment Facil MPFA-SPAP-G-058-FY20 1,000,000$ part 2. jobs reporting fields for MMB's database (blue-shaded fields to be completed by recipients): Project Name (must be unique within MMB's database) Project Start Date Project End Date Main County for the Project Job Type No. hrs Paid for Jobs: Created No. hrs Paid for Jobs: Retained Big Lake PFA Sherburne Engineering/Other P Less than $10.00 Engineering/Other P $10.00 - 15.00 Engineering/Other P $15.01 - 20.00 Instructions:Engineering $20.01 - 25.00 /Other $25.01 - 30.00 Please return this completed worksheet (after project completion) Professional $30.01 - 35.00 by email to the PFA project loan officer *Engineering/Other P $35.01 - 40.00 Engineering/Other P more than $40.00 Only the blue-shaded columns need to be completed by recipients:Construction Less than $10.00 -Project Start Date Construction $10.00 - 15.00 -Project End Date Construction $15.01 - 20.00 -Number of Hours Paid, by:Construction $20.01 - 25.00 Category (jobs created / jobs retained) Construction $25.01 - 30.00 Job type (Engineering/Other Professional; Construction; or Other Construction $30.01 - 35.00 Hourly pay range Construction $35.01 - 40.00 Construction more than $40.00 Other Less than $10.00 MN Public Facilities Authority Other $10.00 - 15.00 1st National Bank Building * PFA Representative:Other $15.01 - 20.00 332 Minnesota St, Suite W820 Kathe Barrett Other $20.01 - 25.00 Saint Paul, MN 55101-1378 651.259.7464 Other $25.01 - 30.00 mn.gov/pfa Kathe.Barrett@state.mn.us Other $30.01 - 35.00 Other $35.01 - 40.00 Other more than $40.00 CW0817 Hourly Pay Range The Project consists of improvements to the City's wastewater treatment facility. Minnesota Public Facilities Authority 2020 Special Appropriation Forms 28 of 28 October 2020 Exhibit A Legend Valve Curb Stops Water Tower Water Connections Hydrants Red Top Hydrants Green Top Hydrants Water Mains Municipal Boundary City Mask December 3, 2020 Map Powered By DataLink 1 in = 752 ft ± County Road E Project Corridor Direct Service Area MinnesotaPublicFacilitiesAuthority2020SpecialAppropriationForm4ͲProjectBudget(SourcesandUses)Applicant: Project:LexingtonAvenue(CSAH51)ReconstructionDate:10/25/20211. NonͲConstructionCostsA. 10/22/2020 4/5/2022 32,69532,695B. 4/5/2022 7/30/2023 32,69532,695C. 10/22/2020 4/5/2022 162,15066,069228,219D.ͲE.ͲNonͲConstructionSubtotal 227,540$66,069$ Ͳ$ Ͳ$293,609$2. ConstructionCostsA. 4/5/2022 7/30/2023 272,460272,460B.ͲC.ͲD.ͲE.ͲF.ͲConstructionSubtotal 272,460$ Ͳ$ Ͳ$ Ͳ$272,460$ProjectTotal 500,000$66,069$ Ͳ$ Ͳ$566,069$Notes:(1)(2) Usesmustbesupportedbyprofessionalservicesagreement(forengineering/design,etc.)andfixedprice,asͲbidconstructioncontract.EndDateTotalRequestedFromAppropriationTotalProjectCostEngineeringDesignConstructionAdministrationEasementAcquisitionIfanonͲstatecontributionormatchisrequiredbythelegislation,orifprojectcostsareinexcessoftheappropriation,thismustbeshownonthebudgetandappropriatedocumentationsubmitted.Requiredmatchingfundsmustbeusedonlyonactivitiesdescribedinthelegislation.Totalprojectfundingcanincludecostsnotincludedinthelegislation.WaterMainImprovementsCityofArdenHillsUsesofFunds(2)SourcesofFunds(1)CityWaterUtilityFundStartDateSpecialAppropriationForm4October2020 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. 2021-055 RESOLUTION AUTHORIZING THE CITY OF ARDEN HILLS (GRANTEE) TO APPLY FOR A GRANT FROM THE MINNESOTA PUBLIC FACILITIES AUTHORITY WHEREAS, the Minnesota Legislature appropriated $500,000 to the Minnesota Public Facilities Authority (MPFA) under Laws of Minnesota 2020, 5th Special Session chapter 3, article 1, section 22, subdivision 6 as amended by Laws of Minnesota 2021, 1st Special Session, chapter 9, section 34, titled Arden Hills; Water Main with the provisions: For a grant to the city of Arden Hills to acquire permanent easements for and to engineer and install a water main extending along Lexington Avenue, from County Road E to marked Interstate Highway 694.; and WHEREAS, MPFA has sent notice that to receive this money, applicants must submit required information before entering into a grant agreement (the “Grant Agreement”) with MPFA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that that the City of Arden Hills (Grantee) has the legal authority to apply for the grant, and the financial, technical, and managerial capacity to ensure proper construction, operation and maintenance of the project for its design life. BE IT FURTHER RESOLVED that the Grant Agreement shall be executed on behalf of the City of Arden Hills (Grantee) by the signature of its Mayor and its City Administrator. In the event of disability or resignation or other absence of either such officer, the Grant Agreement may be signed by the manual signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature shall appear on the Grant Agreement shall cease to be such officer before delivery of the Grant Agreement, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25th DAY OF OCTOBER, 2021. ________________________________ David Grant, Mayor ATTEST: ______________________________ Julie Hanson, City Clerk CONSENT ITEM – 7C MEMORANDUM DATE: TO: FROM: October 25, 2021 Honorable Mayor and City Councilmembers Dave Perrault, City Administrator Julie Hanson, City Clerk SUBJECT: Annual Designation of Polling Places Budgeted Amount: Actual Amount: Funding Source: $ $ $ Council Should Consider Approving Resolution 2021-056 Designating 2022 Polling Places. Background/Discussion Minnesota Law requires the governing body of each municipality to designate the locations of its polling places for the following election year. This designation must be done by resolution prior to December 31 and said resolution will be provided to Ramsey County per their request. That said, it should be noted that following the results of the 2020 Census, a redistricting process is underway. This means that the City will need to re-establish its polling places again in the spring of 2022 once the redistricting process is complete. Redistricting provides the City the opportunity to explore new locations or modify precinct boundaries. Following redistricting, the City Council may decide to review the current three precinct locations or it may determine that a change in boundaries is not necessary and elect to leave the locations as they currently are. Again, this will be brought to the Council for consideration in the spring of 2022. For now, according to state law, we must designate polling places as they currently stand for the following year. Attachment A: Resolution 2021-056 Designating 2022 Polling Places Page 1 of 1 Page 1 of 2 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-056 A RESOLUTION DESIGNATING POLLING PLACES FOR THE 2022 STATE PRIMARY AND STATE GENERAL ELECTION WHEREAS, Minnesota Statutes 204B.16 requires the City Council to designate polling places for the upcoming year by resolution; and WHEREAS, changes to the polling places locations may be made at least 90 days before the next election if one or more of the authorized polling places becomes unavailable for use; and WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and NOW, THEREFORE, BE IT RESOLVED: That the City Council of Arden Hills hereby designates the following polling places for elections conducted in the city in 2022: Precinct 1 Presbyterian Church of the way 3382 Lexington Avenue N, 55126 Precinct 2 Anderson Center (Bethel University Satellite Campus) 2 Pine Tree Drive, 55112 Precinct 3 North Heights Lutheran Church 1700 W Highway 96, 55112 AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate a replacement meeting the requirements of the Minnesota Election Law for any polling place designated in this Resolution that becomes unavailable for use by the City; AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate an emergency replacement polling place meeting the requirements of the Minnesota Election Law for any polling place designated in this Resolution when necessary to ensure a safe and secure location for voting; Page 2 of 2 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of this resolution and any subsequent polling place designations to the Ramsey County Elections Office. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25th DAY OF OCTOBER 2021. _________________________________________ David Grant, Mayor ATTEST: _____________________________________ Julie Hanson, City Clerk Page 1 of 1 CONSENT ITEM – 7D MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Joe Vaughan, Recreation Programmer SUBJECT: Accepting Donation from the Arden Hills Foundation Budgeted Amount: Actual Amount: Funding Source: N/A $1462.00 N/A Council Should Consider Motions to approve, table, or deny the following: • City Council should consider to approve Resolution 2021-057 Accepting a Donation from the Arden Hills Foundation in the amount of $1462.00. All items need a simple majority for action unless otherwise noted. Background The Arden Hills Foundation has been established as a 501c3 organization. Pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, cities are authorized to accept gifts and bequests for the benefits of recreational services. Discussion The Arden Hills Foundation has donated $1462.00 to the City of Arden Hills for trash barrel lids. To comply with State Statutes, the City needs to acknowledge the donation and issue receipt of the donation to the Arden Hills Foundation. Budget Impact N/A Attachments Attachment A: Resolution 2021-057 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. 2021-057 A RESOLUTION ACCEPTING DONATION WHEREAS, Arden Hills (“City”) is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, The following entity has offered to contribute the cash amount set forth below to the city: Name of Donor Amount Arden Hills Foundation $1462.00 WHEREAS, All such donations have been contributed to assist the City in the establishment and operation of recreational facilities and programs either alone or in cooperation with others, as allowed by law; and WHEREAS, The City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, THAT: 1. The donation described above is accepted and shall be used to establish recreational facilities either alone or in cooperation with others, as allowed by law. 2. The city clerk is hereby directed to issue receipts to each donor acknowledging the City’s receipt of the donor’s donation. 3. The finance department is hereby authorized to complete any budget adjustments necessary to reflect this donation and corresponding expenditures. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25th DAY OF October, 2021. _______________________________ David Grant, Mayor ATTEST: ______________________________________ Julie Hanson, City Clerk Page 1 DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Ordinance 2021-010 Amending Hotel/Lodging Tax Language and Publication of Summary Ordinance Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Ordinance 2021-010 Amending Hotel/Lodging Tax Language • Publication of Summary Ordinance Language Publication of Summary Ordinance requires a 4/5th’s vote Discussion The City Council entered into an agreement with the Twin Cities Gateway Visitor Bureau to implement a hotel/lodging tax on hotel rooms beginning in 2022; the City’s two hotels were consulted prior to entering into this agreement and both were supportive. This tax is a pass through to the visitor’s bureau and is used to market and promote activities in the City. The City already had language regarding the hotel/lodging tax written into the City Code, however, the City Attorney recommended cleaning up the language prior to the tax commencing. The updated language does not affect the implementation of the tax, but is rather a housekeeping item. Budget Impact Updating the language will not have an affect on the City’s budget. Attachment Attachment A: Ordinance 2021-010 (Red-lined) Attachment B: Summary Ordinance for Publication Attachment C: Ordinance 2021-010 (Clean Version) CONSENT ITEM – 7E MEMORANDUM 218054v3 ORDINANCE NO. 2021-010 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE REPLACING CHAPTER 3, SECTION 380 - LOCAL LODGING TAX, 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 380 – Lodging Tax, is hereby replaced in its entirety, to read as follows: Section 380 - Local Lodging Tax 380.01 Definitions: As used in this Chapterchapter, the following words and terms shall have meanings given to them by this section. : City. The City of Arden Hills ∙ Director. The Finance Director of the City or designee. ∙ City. The City of Arden Hills Lodger. The person obtaining lodging from an operator. ∙ Lodging. The furnishing for consideration of lodging by a hotel, motel, rooming house, campgrounds, air B&B, tourist court, or resort, except therewhere such lodging shall be for a continuous period of thirty (30) days or more to the same lodger. ∙ Operator. A person who provides lodging to others, or any officer, agent or employee of such person. ∙ Person. Any individual, corporation, partnership, association, estate, receiver, trustee, executor, administrator, assignee, syndicate or any other combination of individuals. Whenever the term "person" is used in any provision of this Chapter prescribing and imposing a penalty, the term as applied to a corporation, association, or partnership, shall mean the officers or partners thereof as the case may be. 218054v3 ∙ Rent. The total consideration valued in money charged for lodging whether paid in money or otherwise, but shall not include any charges for services rendered in connection with furnishing lodging other than the room charge itself. ∙ Lodger. The person obtaining lodging from an operator. 380.02 Imposition of Tax. : There is hereby imposed a tax of three (3%) percent (3%) on the rent charged by an operatorOperator for providing lodging to any person. The tax shall be stated and charged separately and shall be collected by the operatorOperator from the lodger. Lodger. The tax collected by the operatorOperator shall be a debt owed by the operatorOperator to the City and shall be extinguished only by payment to the City. In no case shall the tax imposed by this section upon an operatorOperator exceed the amount of tax which the operatorOperator is authorized and required by this Chapter to collect from a lodger.Lodger. 380.03 Collections. : Each operatorOperator shall collect the tax imposed by this Chapter at the time rentRent is paid. The tax collections shall be held in trust by the operatorOperator for the City. The amount of tax shall be separately stated from the rentRent charged for the lodging.Lodging. 380.04 Exemptions. : An exemption shall be granted to any person as to whom or whose occupancy it is beyond the power of the City to tax. No exemption shall be granted except upon a claim therefore made at the time the rentRent is collected and such a claim shall be made in writing under penalty of perjury on forms provided by the City. All such claims shall be forwarded to the City when the returns and collections are submitted as required by this Chapter. 380.05 Advertising No Tax. : It shall be unlawful for any operatorOperator to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any party thereof will be assumed or absorbed by the operatorOperator, or that it will not be added to the rentRent or that, if added, it or any part thereof will be refunded. Operator must collect. In computing the tax to be collected, amounts of tax less than one cent ($0.01) shall be considered an additional cent ($0.01). 380.06 Payments and Returns. : The taxes imposed by this Chapter shall be paid by the operatorOperator to the City not later than twenty -five (25) days after the end of the month in which the taxes were collected. At the time of payment, the operatorOperator shall submit a return upon such forms and containing such information as the City may require. The return shall contain the following minimum information: 218054v3 1) Subd. 1 The total amount of rentRent collected for lodgingLodging during the period covered by the return. 2) Subd. 2 The amount of tax required to be collected and due for the period. 3) Subd. 3 The signature of the person filing the return or that of an agent duly authorized in writing. 4) Subd. 4 The period covered by the return. 5) Subd. 5 The amount of uncollectible rental charges subject to the lodging tax. 6) Subd. 6 A copy of the "Minnesota State Sales and Use Tax Return" submitted by the operatorOperator for the period covered by the return. The operatorOperator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this Chapter previously paid as a result of any transaction the consideration for which became uncollectible during such consideration for which became uncollectible during such reporting period, but only in proportion to the portion of such consideration which became uncollectible. 380.07 Examination of Return, Adjustments, Notices and Demands. : The Director may rely upon the "Minnesota State Sales and Use Tax Return" filed by the operatorOperator with the State of Minnesota in determining the accuracy of a return filed under this Chapter. However, the Director shall be authorized to make any investigation or examination of the records and accounts of the person making the return, if the Director reasonably determines that such steps are necessary for determining the correctness of the return. The tax computed on the basis of such examination shall be the tax to be paid. If the tax due is found to be greater than that paid, such excess shall be paid to the City within ten (10) days after receipt of a notice thereof, given either personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the City within ten (10) days after determination of such refund. 380.08 Refunds. : Any person may apply to the Director for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period, provided that no application for refund shall be considered unless filed within one (1) year after such tax was paid, or within one (1) year from the filing of the return, whichever period is the longer. The Director shall examine the claim and 218054v3 make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof by registered mail to such person at the address stated upon the return. If such claim is allowed in whole or in part, the Director shall credit the amount of the allowance against any taxes due under this Chapter from the claimant and the balance of said allowance, if any, shall be paid by the Director to the claimant. 380.09 Failure to File a Return. : Subd. 1 A. If any operatorOperator required by this Chapter to file a return shall fail to do so within the time prescribed, or shall make, willfully or otherwise, an incorrect, false, or fraudulent return, the operatorOperator shall, upon written notice and demand, file such return or corrected return within five (5) days of receipt of such written notice and shall at the same time pay any tax due on the basis thereof. If such person shall fail to file such return or corrected return, the Director shall make a return or corrected return, for such person from such knowledge and information as the Director can obtain, and assess a tax on the basis thereof, which tax, less any payments theretofore made on account of the tax for the taxable period covered by such return shall be paid within five (5) days of the receipt of written notice and demand for such payment. Any such return or assessment made by the Director shall be prima facie correct and valid, and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto. Subd. 2 B. If any portion of a tax imposed by this Chapter, including penalties thereon, is not paid within thirty (30) days after it is required to be paid, the City may institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action. Subd. 3 C. Upon a showing of good cause, the Director may grant an operator one thirty (30) -day extension of time within which to file a return and make payment of taxes as required by this Chapter provided that interest during such period of extension shall be added to the taxes due at the rate of ten (10%) percent (10%) per annum. 380.10 Penalties. : If any tax imposed by this Chapter is not paid within the time herein specified for the payment, or an extension thereof, there shall be added thereto a specific penalty equal to ten (10%) percent (10%) of the amount remaining unpaid. The amount of tax not timely paid, together with any penalty provided by this section, shall bear interest at the rate of ten (10%) percent (10%) per annum from the time such tax should have been paid until it is paid. Any interest and penalty shall be added to the tax and be collected as part thereof. 380.11 Administration of Tax. : The Director shall administer and enforce the assessment and collection of taxes imposed by this Chapter. The Director shall cause to be prepared blank forms for the returns and other documents required by this Chapter and shall distribute the same throughout the City and furnish 218054v3 them on application, but failure to receive or secure them shall not relieve any person from any obligation required of him or /her under this Chapter. 380.12 Examination of Records. : The Director and those persons acting on behalf of the Director, authorized in writing by the Director, may examine the books, papers and records of any operatorOperator in order to verify the accuracy of any return made, or if no return was made, to ascertain the tax as provided in this Chapter. Every such operatorOperator is directed and required to give to the Director, or such other authorized agent or employee, the means, facilities and opportunity for such examinations and investigations as are hereby authorized. 380.13 Violations. : Any person who shall willfully fail to make a return required by this Chapter; or who shall fail to pay the tax after written demand for payment,; or who shall fail to remit the taxes collected or any penalty or interest imposed by this Chapter, after written demand for such payment,; or who shall refuse to permit the City to examine the books, records and papers under his or /her control, or who shall willfully make mayany incomplete, false or fraudulent return shall be guilty of a misdemeanor. 380.14 Use of Proceeds. and Annual Report: Ninety-five (95%) percent (95%) of the proceeds obtained from the collection of taxes pursuant to this Chapter shall be used in accordance with Minnesota Statutes § 469.190, as the same may be amended from time to time, to fund a local convention or, tourism, or visitors bureau for the purpose of marketing and promoting the City as a tourist or convention center. Any local bureau receiving proceeds shall, for its most recent calendar year, provide an annual year-end report of its operations and its financial condition to the City Council in writing and by oral presentation at a City Council meeting. 380.15 Appeals. : Subd. 1 A. Any operatorOperator aggrieved by aany notice, order or determination made by the Director under this Chapter may file a petition for review of such notice, order or determination detailing the operator'sOperator's reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner's address and the location of the lodgingLodging subject to the order, notice or determination. Subd. 2 B. The petition for review shall be filed with the City within ten (10) days after the notice,; order or determination for which review is sought has been mailed or served upon the person requesting review. 218054v3 Subd. 3 C. Upon receipt of the petition, the City ManagerAdministrator, or the Manager'sAdministrator’s designee, shall set a date for a hearing and give the petitioner at least five (5) daysdays’ prior written notice of the date, time and place of the hearing. Subd. 4 D. At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The petitioner may be representrepresented by counsel of petitioner's choosing at petitioner's own expense. Subd. 5 E. The hearing shall be conducted by the City Administrator, or the Administrator'sAdministrator’s designee, provided only that the person conducting the hearing shall not have participated in the drafting of the order, notice or determination for which review is sought. Subd. 6 F. The person conducting the hearing shall make written findings of fact and conclusion based upon the applicable sections of this Chapter and evidence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or determination made by the Director. Subd. 7 G. Any decision rendered by the City Administrator or clerk, or the Administrator'sAdministrator’s designee, pursuant to this subdivisionsection may be appealed to the City Council. A petitioner seeking to appeal the decision must file a written notice of appeal with the City within ten (10) days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the Councilcouncil agenda as soon as it is practical. The City Council shall then review the findings of fact and conclusions to determine whether they are correct. Upon a determination by the City Council that the findings and conclusions are incorrect, the City Council may modify, reverse or affirm the decision of the City Administrator, or the Administrator'sAdministrator’s designee, upon the same standards as set forth in Subd. 6.subsection F of this section. SECTION 2. This Ordinance shall become effective and be enforced from and after the day following its passage and publication. 218054v3 PASSED and ADOPTED this _____ day of _______________, 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 218079v3 SUMMARY ORDINANCE NO. 2021-010 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE READOPTING AND AMENDING LOCAL LODGING TAX NOTICE IS HEREBY GIVEN that, on October 25, 2021, Ordinance No. 2021-010 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. 2021-010, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council updates and replaces Chapter 3, Licenses and Regulations, Section 380 – Local Lodging Tax. The readopted ordinance includes the following: • Imposes a lodging tax of 3% on lodging rentals to be charged and collected separately by the Operator, with 95% of the tax proceeds to fund a local tourism and convention bureau; • Provides requirements and procedures of the Operator in collecting taxes, payment and return of taxes, and consequences for failure to file a return; • Outlines requirements of the City regarding tax administration, including examination of returns, adjustments, notices and demands and sets forth the regulations, procedures and consequences for violations; 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 25th day of October, 2021. CITY OF ARDEN HILLS By __________________________________ David Grant, Mayor ATTEST: _________________________________ Julie Hanson, City Clerk Published in the Pioneer Press on October 28, 2021. Page 1 of 5 ORDINANCE NO. 2021-010 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE REPLACING CHAPTER 3, SECTION 380 - LOCAL LODGING TAX, 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 380 – Lodging Tax, is hereby replaced in its entirety, to read as follows: Section 380 - Local Lodging Tax 380.01 Definitions: As used in this chapter, the following words and terms shall have meanings given to them by this section: City. The City of Arden Hills Director. The Finance Director of the City or designee. Lodger. The person obtaining lodging from an operator. Lodging. The furnishing for consideration of lodging by a hotel, motel, rooming house, campgrounds, air B&B, tourist court, or resort, except where such lodging shall be for a continuous period of thirty (30) days or more to the same lodger. Operator. A person who provides lodging to others, or any officer, agent or employee of such person. Person. Any individual, corporation, partnership, association, estate, receiver, trustee, executor, administrator, assignee, syndicate or any other combination of individuals. Whenever the term "person" is used in any provision of this Chapter prescribing and imposing a penalty, the term as applied to a corporation, association, or partnership, shall mean the officers or partners thereof as the case may be. Rent. The total consideration valued in money charged for lodging whether paid in money or otherwise, but shall not include any charges for services rendered in connection with furnishing lodging other than the room charge itself. 380.02 Imposition of Tax: There is hereby imposed a tax of three (3%) percent on the rent charged by an Operator for providing lodging to any person. The tax shall be stated and charged separately and shall be collected by the Operator from the Lodger. The tax collected by the Operator shall be a debt owed by the Operator to the City and shall be extinguished only by payment to the City. In no case shall the tax imposed by this section upon an Operator exceed the amount of tax which the Operator is authorized and required by this Chapter to collect from a Lodger. Page 2 of 5 380.03 Collections: Each Operator shall collect the tax imposed by this Chapter at the time Rent is paid. The tax collections shall be held in trust by the Operator for the City. The amount of tax shall be separately stated from the Rent charged for the Lodging. 380.04 Exemptions: An exemption shall be granted to any person as to whom or whose occupancy it is beyond the power of the City to tax. No exemption shall be granted except upon a claim therefore made at the time the Rent is collected and such a claim shall be made in writing under penalty of perjury on forms provided by the City. All such claims shall be forwarded to the City when the returns and collections are submitted as required by this Chapter. 380.05 Advertising No Tax: It shall be unlawful for any Operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any party thereof will be assumed or absorbed by the Operator, or that it will not be added to the Rent or that, if added, it or any part thereof will be refunded. Operator must collect. In computing the tax to be collected, amounts of tax less than one cent ($0.01) shall be considered an additional cent ($0.01). 380.06 Payments and Returns: The taxes imposed by this Chapter shall be paid by the Operator to the City not later than twenty- five (25) days after the end of the month in which the taxes were collected. At the time of payment, the Operator shall submit a return upon such forms and containing such information as the City may require. The return shall contain the following minimum information: 1) The total amount of Rent collected for Lodging during the period covered by the return. 2) The amount of tax required to be collected and due for the period. 3) The signature of the person filing the return or that of an agent duly authorized in writing. 4) The period covered by the return. 5) The amount of uncollectible rental charges subject to the lodging tax. 6) A copy of the "Minnesota State Sales and Use Tax Return" submitted by the Operator for the period covered by the return. The Operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this Chapter previously paid as a result of any transaction the consideration for which became uncollectible during such reporting period, but only in proportion to the portion of such consideration which became uncollectible. Page 3 of 5 380.07 Examination of Return, Adjustments, Notices and Demands: The Director may rely upon the "Minnesota State Sales and Use Tax Return" filed by the Operator with the State of Minnesota in determining the accuracy of a return filed under this Chapter. However, the Director shall be authorized to make any investigation or examination of the records and accounts of the person making the return, if the Director reasonably determines that such steps are necessary for determining the correctness of the return. The tax computed on the basis of such examination shall be the tax to be paid. If the tax due is found to be greater than that paid, such excess shall be paid to the City within ten (10) days after receipt of a notice thereof, given either personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the City within ten (10) days after determination of such refund. 380.08 Refunds: Any person may apply to the Director for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period, provided that no application for refund shall be considered unless filed within one (1) year after such tax was paid, or within one (1) year from the filing of the return, whichever period is the longer. The Director shall examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof by registered mail to such person at the address stated upon the return. If such claim is allowed in whole or in part, the Director shall credit the amount of the allowance against any taxes due under this Chapter from the claimant and the balance of said allowance, if any, shall be paid by the Director to the claimant. 380.09 Failure to File a Return: A. If any Operator required by this Chapter to file a return shall fail to do so within the time prescribed, or shall make, willfully or otherwise, an incorrect, false, or fraudulent return, the Operator shall, upon written notice and demand, file such return or corrected return within five (5) days of receipt of such written notice and shall at the same time pay any tax due on the basis thereof. If such person shall fail to file such return or corrected return, the Director shall make a return or corrected return, for such person from such knowledge and information as the Director can obtain, and assess a tax on the basis thereof, which tax, less any payments theretofore made on account of the tax for the taxable period covered by such return shall be paid within five (5) days of the receipt of written notice and demand for such payment. Any such return or assessment made by the Director shall be prima facie correct and valid, and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto. B. If any portion of a tax imposed by this Chapter, including penalties thereon, is not paid within thirty (30) days after it is required to be paid, the City may institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action. C. Upon a showing of good cause, the Director may grant an operator one 30-day extension of time within which to file a return and make payment of taxes as required by this Chapter provided that interest during such period of extension shall be added to the taxes due at the rate of ten (10%) percent per annum. Page 4 of 5 380.10 Penalties: If any tax imposed by this Chapter is not paid within the time herein specified for the payment, or an extension thereof, there shall be added thereto a specific penalty equal to ten (10%) percent of the amount remaining unpaid. The amount of tax not timely paid, together with any penalty provided by this section, shall bear interest at the rate of ten (10%) percent per annum from the time such tax should have been paid until it is paid. Any interest and penalty shall be added to the tax and be collected as part thereof. 380.11 Administration of Tax: The Director shall administer and enforce the assessment and collection of taxes imposed by this Chapter. The Director shall cause to be prepared blank forms for the returns and other documents required by this Chapter and shall distribute the same throughout the City and furnish them on application, but failure to receive or secure them shall not relieve any person from any obligation required of him/her under this Chapter. 380.12 Examination of Records: The Director and those persons acting on behalf of the Director, authorized in writing by the Director, may examine the books, papers and records of any Operator in order to verify the accuracy of any return made, or if no return was made, to ascertain the tax as provided in this Chapter. Every such Operator is directed and required to give to the Director, or such other authorized agent or employee, the means, facilities and opportunity for such examinations and investigations as are hereby authorized. 380.13 Violations: Any person who shall willfully fail to make a return required by this Chapter; or who shall fail to pay the tax after written demand for payment; or who shall fail to remit the taxes collected or any penalty or interest imposed by this Chapter, after written demand for such payment; or who shall refuse to permit the City to examine the books, records and papers under his/her control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misdemeanor. 380.14 Use of Proceeds and Annual Report: Ninety-five (95%) percent of the proceeds obtained from the collection of taxes pursuant to this Chapter shall be used in accordance with Minnesota Statutes § 469.190, as the same may be amended from time to time, to fund a local convention, tourism, or visitors bureau for the purpose of marketing and promoting the City as a tourist or convention center. Any local bureau receiving proceeds shall, for its most recent calendar year, provide an annual year-end report of its operations and its financial condition to the City Council in writing and by oral presentation at a City Council meeting. 380.15 Appeals: A. Any Operator aggrieved by any notice, order or determination made by the Director under this Chapter may file a petition for review of such notice, order or determination detailing the Operator's Page 5 of 5 reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner's address and the location of the Lodging subject to the order, notice or determination. B. The petition for review shall be filed with the City within ten (10) days after the notice; order or determination for which review is sought has been mailed or served upon the person requesting review. C. Upon receipt of the petition, the City Administrator, or the Administrator’s designee, shall set a date for a hearing and give the petitioner at least five (5) days’ prior written notice of the date, time and place of the hearing. D. At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The petitioner may be represented by counsel of petitioner's choosing at petitioner's own expense. E. The hearing shall be conducted by the City Administrator, or the Administrator’s designee, provided only that the person conducting the hearing shall not have participated in the drafting of the order, notice or determination for which review is sought. F. The person conducting the hearing shall make written findings of fact and conclusion based upon the applicable sections of this Chapter and evidence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or determination made by the Director. G. Any decision rendered by the City Administrator or clerk, or the Administrator’s designee, pursuant to this section may be appealed to the City Council. A petitioner seeking to appeal the decision must file a written notice of appeal with the City within ten (10) days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the council agenda as soon as it is practical. The City Council shall then review the findings of fact and conclusions to determine whether they are correct. Upon a determination by the City Council that the findings and conclusions are incorrect, the City Council may modify, reverse or affirm the decision of the City Administrator, or the Administrator’s designee, upon the same standards as set forth in subsection F of this section. SECTION 2. This Ordinance shall become effective and be enforced from and after the day following its passage and publication. PASSED and ADOPTED this 25th day of October, 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 Page 1 DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Appointment of Jessica Jagoe to City Planner Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Appointment of Jessica Jagoe to the position of City Planner at Grade 15 Step 9 on the City’s pay scale, all other benefits remain the same. All items need a simple majority for action unless otherwise noted. Discussion The Council discussed this appointment at their October work session, and directed this to be brought forward for formal approval. Budget Impact This position is a previously budgeted position and will not adversely affect the 2021 budget. Attachment N/A CONSENT ITEM – 7F MEMORANDUM Page 1 of 2 DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Authorization to Begin Recruitment Process for a Senior Planner Budgeted Amount: Estimated Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Authorizing staff to begin the recruitment process for a Senior Planner. All items need a simple majority for action unless otherwise noted. Background The City will have a vacancy for a Senior Planner following the appointment of the incumbent Senior Planner to the position of City Planner. The City Council is asked to allow staff to begin the recruitment process for this position. Anticipated process: -Council approves authorization to begin the recruitment process -Staff posts for the position -Staff reviews applications and selects interview candidates -Staff will conduct interviews and select a finalist -Staff will bring forward a finalist for official Council approval Councilmembers have previously expressed an interest in being part of the interview panel for certain positions at City Hall, currently no Councilmembers are slated to be on the interview panel for this position; should Council want to designate Councilmembers to attend they should do so with this authorization (it would need to be pulled from consent and approved). CONSENT – 7G MEMORANDUM Page 2 of 2 Budget Impact This position will not adversely affect the 2021 budget as it is replacing a previously budgeted position. Attachments N/A Page 1 of 1 DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Republic Recycling Contract Extension Budgeted Amount: Estimated Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Authorizing the City Administrator, Mayor, and/or City Attorney to enter into a contract extension with Republic Services from May 3, 2022 to May 2, 2023. All items need a simple majority for action unless otherwise noted. Background Republic Services has been the City’s recycling hauler since 2015. The existing contract (Attachment A) is very favorable for the city and is set to expire in May 3, 2022. The City Council discussed this contract in 2020, and directed Staff to continue to bring the extensions forward for approval; the Council inquired if the City could approve a multi-year extension, as the contract is written we can only approve it annually. The City has the opportunity to extend the contact two (2) more times after this extension. The existing terms and conditions of the contract will continue to apply with any extension. Budget Impact The proposed one (1) year extension will continue to utilize the fee structure as previously approved in the currently approved contract. Under the current contract, any rate increase shall not exceed 3 percent. Attachments Attachment A: Previously Approved Republic Services Contract CONSENT – 7H MEMORANDUM CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page i CITY OF ARDEN HILLS CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Table of Contents 1. Term of Contract .....................................................................................................................2 2. Definitions ...............................................................................................................................2 3. Scope of Work: General Provisions ........................................................................................6 4. Operations ................................................................................................................................8 5. Collection Services ..................................................................................................................9 6. Collection Equipment ............................................................................................................11 7. Employees .............................................................................................................................12 8. Indemnity 3 .............................................................................................................................13 9. Insurance ................................................................................................................................13 10. Payment and Performance Bonds/Letter of Credit ................................................................14 11. Transferability of Contract ....................................................................................................14 12. Reporting and Promotional/Educational Activities ...............................................................15 13. Default and Termination ........................................................................................................17 14. Payment for Base Collection Services ..................................................................................18 15. Miscellaneous Provisions ......................................................................................................21 Appendices Appendix A Map of Route Sectors by Collection Day Appendix B City Building(s) and Park(s) to be serviced by the Contractor CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 1 CITY OF ARDEN HILLS CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS This Contract, is made and entered into this 23rd day of February, 2015, by and between the City of Arden Hills, a Municipal Corporation under the laws of the State of Minnesota (hereinafter called the City”) and Republic Services, Inc. a corporation under the laws of the State of Minnesota, having its principal place of business at 9813 Flying Cloud Drive, Eden Prairie, MN 55347 (hereinafter called the Contractor”). WITNESSETH WHEREAS, the City requires the collection and proper management of recyclables within the corporation limits of the City; and WHEREAS, the Contractor is engaged in the business of collecting, processing, and marketing recyclables; and WHEREAS, the City released a request for proposals (RFP) for recyclables collection, processing, and marketing services on September 10, 2014; and WHEREAS, the Contractor (Republic Services) submitted a proposal in response to the City’s RFP on October 17, 2014; and WHEREAS, the City desires to hire the services of the Contractor (Republic Services) and the Contractor (Republic Services) desires to provide the services to the City; and NOW, THEREFORE, IT IS AGREED BY AND BETWEEN BOTH PARTIES: That the Recycling Contact for Residential Recycling Services with Republic Services Contractor) outlines the requested services by the City and costs for these said services for eligible Residential Dwelling Units (RDU) and Multi-Dwelling Units (MDU). CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 2 1. Term of Contract 1.1. This Contract shall commence on May 4, 2015, and shall remain in full force and effect through May 4, 2020, unless terminated in accordance with Section 13 of this Contract. 1.2. The City at its sole discretion may elect to extend the Contract for five (5), one (1) year increments or the City at its sole discretion may elect to extend the Contract for one (1), five (5) year extension. The terms and conditions of this Contract shall apply to any such Contract extension. Nothing in this Contract shall be interpreted to imply or infer that the City is committing to such extensions. 1.3. At least six months prior to the expiration of this Contract (or any extension period), the City shall notify the Contractor of its decision as to whether or not to exercise its extension option. The Contractor may request an early decision by the City for a contract extension by submitting a written request. 2. Definitions The following terms, whenever used in this Contract, shall have the meanings set forth in this Section unless otherwise limited or expanded elsewhere in this Contract. Aluminum Cans Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. Aseptic Packaging and Milk Cartons Containers designed to maintain the sterility of a sterile (aseptic) product such as food. (e.g. gable-top milk cartons, juice boxes and aseptic packaging used for soup, broth, soy milk, etc. Base Collection Services The base level of recyclables collection services, which services are paid for by the City to the Contractor as specified in this Contract. Bulky Waste All large, bulky household materials which do not fit within a garbage cart, and include (but are not limited to) carpeting and padding, mattresses, chairs, couches, tables, appliances, electronics and car parts including wheels, rims and tires. Carrier Stock Paperboard coated with resins to resist moisture and used for containers to carry products such as beer, water and soft drinks. Carts The wheeled, lidded carts in which recyclable materials can be stored and placed for curbside collection as approved by the City. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 3 City The City of Arden Hills, Minnesota. Clothes and Linens Towels, sheets, blankets, curtains, tablecloths, rags, and clothes including: belts, coats, hats, gloves, shoes and boots which are dry, clean and free of mold, mildew and excessive stains. Collection Route Sector A geographic area within the City determined by the City that will be serviced by one or more collection vehicles within one, specified day each week and which may be used to measure collection progress. Collection Vehicle Any vehicle licensed and inspected as required by State and County and approved by the City for recyclables collection within the corporate boundaries of the City. Collection Hours The time period during which collection of recyclables is authorized by the City. Commodity Any individual material, including specific industrial grades of material. Contract Price for Recyclables Collection Service The amount of money per Residential Dwelling Unit (RDU) or Multi- Dwelling Unit (MDU) charged by the Contractor to the City per the terms and conditions of this Contract for costs attributable to the base recyclables collection service, including transport of these recyclables to the City- designated recycling center. Contractor Republic Services, Inc. County Ramsey County, MN Curbside That portion of right-of-way adjacent to paved or traveled City roadways. Curbside” as used in this Contract shall be interpreted to include alleys. Curbside Collection The collection of recyclables in accordance with this Contract, City ordinances, and City guidelines regulating the placement of the same. Detailed Collection Route Plans The Contractor-established and City-approved truck travel patterns on the City residential streets (e.g., start points, stop points, truck direction) within each daily route sector. Door-Step Collection The collection of household waste and recyclable materials at a RDU at a point close to the dwelling unit, in lieu of curbside collection, for producers or occupants who have a documented physical infirmity and when there is not a person living in the dwelling that is able to move wastes to the curb. Also referred to as “walk-up” service.) Dwelling Unit See Residential Dwelling Unit (RDU). CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 4 Field Route Audits Semi-annual counts of all eligible residential dwelling units served through actual field surveys (such as dwelling unit counts by recycling route). Glass Jars And Bottles Glass jars, bottles, and containers (lids/caps and pumps removed) that are primarily used for packaging and bottling of food and beverages. Holidays Any of the following: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. HDPE Plastic bottles and non-bottle plastic containers made from high density polyethylene resin. Missed Collection The failure of the Contractor to provide collection service to an RDU subject to this Contract during collection hours on the scheduled day of collection. Multiple-Unit Dwellings (MDUs) A building or a portion thereof containing five or more dwelling units. Materials Recovery Facility MRF) A facility in which recyclable materials are processed for marketing and sale. The facility will conform to all applicable rules, regulations and laws of the state, local or other jurisdictions. Paper Products Paper products include the following: newspapers including inserts (ONP); household office paper and mail; boxboard; carrier stock cardboard; old corrugated cardboard (OCC) including boxes for delivery and take out of pizzas; phone books; Kraft bags; and magazines/catalogs (OMG). Participation Rate Documentation of which specific households on a recycling route set out recyclable materials during one calendar month as a percentage of the overall number of eligible households. Plastic Food And Beverage Containers Bottle and rigid plastic containers made of PET (plastic type #1), HDPE plastic type #2), and PP (plastic type #5). PET PP Plastic bottles and non-bottle plastic containers made from polyethylene terephthalate (e.g. soft drink, water, other bottles, deli clamshells, etc.). Containers made from polypropylene. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 5 Process Residuals The materials that cannot be recycled due to material characteristics such as size, shape, color, cross-material contamination, etc. which must be disposed as mixed municipal solid waste. Process residuals include (but are not limited to): bulky items, contaminants, sorted tailings, floor sweepings and rejects from specific processing equipment (e.g. materials cleaned from screens). Process residuals do not include materials that are normally processed and prepared for shipment to markets as commodities but which are of relatively low value because of depressed market demand conditions. Processing The sorting, volume reduction, baling, cleaning, containment or other preparation of recyclable materials delivered to the processing center for transportation or marketing purposes. Processing Fee Agreed upon unit fee allocated towards Contractor’s cost of processing various types of recyclables. Producer Occupants of a RDU or MDU property who generate recyclable materials. Recyclable Materials Or Recyclables The current list of household recyclables established through guidelines released under the authority of the City. The current list of recyclables, as of the date of Contract Execution, includes: Newspaper and Newspaper Inserts; Magazines and Catalogs; Junk Mail and Envelopes; Cardboard; Office and School Paper; Phone Books; Cereal and Cracker-type boxes; Shoeboxes; Brown Paper Sacks/Bags; Aluminum, Steel and Tin Cans, Scrap Metal less than 3 feet in length; Glass Bottles and Jars, Plastic Bottles and Cups; Plastic Food Containers, Tubs, Bowls, Yogurt Cups and Margarine/Whip Cream Tubs; Plastic Milk Jugs and Paper Milk Cartons; Juice Boxes; and other Paper/Aseptic Cartons. Recyclables Collection The collection of all recyclable materials properly set out by residents or property managers from eligible RDUs or MDUs into specially identified recyclable carts. Collection shall also include transporting the recyclable materials to the City-designated recycling center where materials can be processed for the marketplace. Recyclables Carts Carts provided by the City for retaining recyclable materials for collection. Residential Dwelling Unit RDU) Any eligible, occupied single-family dwelling, duplex, triplex or fourplex within the City occupied by a person or group of persons. A RDU shall be deemed occupied when water is being supplied thereto. Scheduled Collection Day The day or days of the week (Monday through Friday) on which collection by the Contractor is to occur, as specified in the Contract with the City, including Saturdays for weeks that include Holidays. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 6 Single-Stream Recycling Also referred to as “single-sort recycling.”) The recycling system whereby residents set out recyclables in one category without further sorting by residents and which materials are later processed at a central materials recovery facility, including sorting into their individual marketable commodities. Solid Waste Garbage, rubbish and other discarded solid materials (except animal waste used as a fertilizer), including solid waste materials resulting from industrial, commercial and agricultural operations, and from community activities. Solid waste does not include earthen fill, boulders, rock and other material normally handled in construction operations, solids or dissolved material in domestic sewage or other significant pollutants in waste resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows, or other common water pollutants. For purposes of this Contract, solid waste does not include recyclables, yard waste, source separated organics, bulky items, appliances or electronic waste. (Also referred to as “mixed municipal solid waste”) Source Separated Organics (SSO) Food waste, non-recyclable papers, house plants, and other household organics designated by the City that, once separated by residents, may be recovered for composting or other forms of organics recovery. SSO does not include yard waste for purposes of this Contract. Steel Cans Metal containers fabricated primarily of steel and/or tin used to contain food or beverages. 3. Scope of Work: General Provisions 3.1. The work under the Contract shall consist of all the items contained in the Contract, including all the supervision, materials, equipment, labor, customer service operations, and all other items and functions necessary to complete such work in accordance with the Contract. 3.2. The City’s RFP (including all addenda) and Contractor’s proposal (including responses to City questions) are incorporated by reference into this final Contract. If there is any discrepancy between this final Contract and the City’s RFP or the Contractor’s proposal, this final Contract shall take precedence. 3.3. Recycling services will be provided to all RDUs, with opportunities for MDU buildings to “opt-in” to the service. Recyclables collection will occur weekly on Tuesdays for properties south of I-694 and weekly on Wednesdays for properties north of I-694. Appendix A includes a map of route sectors by collection day. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 7 3.4. The Contractor will acquaint itself with all pertinent City Ordinances and other City guidelines and comply with said ordinances and guidelines. 3.5. The Contractor has made its own examination, investigation and research regarding the proper method of doing the work, and all conditions affecting the work to be done including street layout, alley layout, overhead obstructions preventing automated lifting of carts, other geography, daily route sector boundaries, etc.) and the labor, equipment and materials needed thereon, and the quantity of work to be performed including the Contractor’s own field verification of RDU and MDU estimates provided by the City), and the Contractor agrees that it has satisfied itself by its own investigation and research regarding all of such conditions, and that this conclusion to enter into the proposed Contract is based upon such investigation and research, and that it shall make no claim against the City because of any of the estimates, statements, or interpretations made by any official officer or agent of the City which may prove to be in any respect erroneous. The Contractor so assumes the risk of all conditions foreseen and unforeseen and agrees to complete the work without additional compensations under whatever circumstances may develop other than as herein provided. 3.6. Household recyclables collection service from eligible RDUs shall be performed exclusively by the Contractor. 3.7. The Contractor shall be obligated to protect all public and private utilities whether occupying public or private property. If such utilities are damaged by reason of the Contractor’s operations under this Contract, it shall repair or replace same or, failing to do so promptly, the City shall cause repairs or replacements to be made and the cost of doing so shall be deducted from payment to be made to the Contractor. 3.8. In performing any actions or services under this Contract, the Contractor shall comply with any and all federal and state statutes, rules and regulations and any and all City and County ordinances and regulations pertaining to or regulating the provision of such services or actions, including those now in effect or hereafter adopted. Any violation of such statutes, ordinances, rules or regulations by the Contractor shall entitle the City to take appropriate corrective action. Any material violation by the Contractor shall entitle the City to terminate this Contract upon twenty-one (21) days written notice of termination to the Contractor except as provided elsewhere herein. Prior to exercising the right of termination, the City shall notify the Contractor in writing and consult with the Contractor in an effort to resolve the dispute. The Contractor may have up to twenty-one (21) days to cure a violation prior to the City’s exercise of its termination right, provided that such an opportunity to cure is not in conflict with the provisions of the subject law, ordinance, rule, or regulation. However, the opportunity to cure shall not apply to subsequent and repeated violations of the same law, ordinance, rule or regulation. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 8 Amendments to existing regulatory laws, ordinances, regulations and enactment of new laws, ordinances and regulations shall not serve as justification for the Contractor to terminate its obligations hereunder, unless such changes make the completion of this Contract impossible. 3.9. No person shall be illegally excluded from employment rights in, participation in, or be denied the benefits of the program which is the subject of this Contract on the basis of race, religion, color, creed, sex, age, disability, handicapped status, national origin or any other protected class defined under the Minnesota Department of Human Rights and/or federal law. The Contractor agrees to undertake all efforts at reasonable accommodations as may be required by state or federal law. 3.10. The Contractor shall obtain all required licenses and permits to perform the Contract and promptly pay all fees required or taxes assessed by the City or any other Governmental agency. 3.11. Contractor agrees that no member, officer, or employee of the City shall have any direct or indirect interest in this Contract or the proceeds thereof. Violation of this provision shall cause this Contract to be null and void and Contractor will forfeit any payments to be made under this Contract. 3.12. Neither the Contractor nor the City shall be liable for the failure to perform their duties if such failure is caused by a catastrophe, riot, war, fire, act of God, power failure, flood, disaster or other similar contingency beyond the reasonable control of the City or the Contractor. Labor disputes do not constitute situations beyond reasonable control. 3.13. The laws of the State of Minnesota shall be used to interpret this Contract. 4. Operations 4.1. Collection of recyclables shall not start before 7:00 a.m. or continue after 6:00 p.m. Exceptions to collection hours shall be effected only by prior permission of the City. The Contractor shall request permission from the City for any exception first via telephone and then in writing to the City Recycling Coordinator with an explanation as to the reason for the exception request. 4.2. When a holiday falls on the day that recycling should normally be collected, each subsequent collection day will be delayed one day. For Example – if July 4 is on Tuesday, regular collection services that week will be Wednesday and Thursday. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 9 4.3. The Contractor’s employees shall handle the carts with reasonable precautions to prevent spilling or scattering of recyclable materials. The Contractor shall replace all carts in an upright position and shall immediately clean up and dispose of any contents thereof which may be spilled, regardless of whether the spill occurred on public or private property. 4.4. If the Contractor fails to clean up any scattered or spilled material or leaked material or fluids from recycling trucks within three hours after oral or written notice (email is acceptable) from the City, the City may cause such work to be done and deduct the reasonable cost thereof from any payments due and owing the Contractor, in addition to any other remedies provided herein. 5. Collection Services 5.1. The recyclables collection service shall be provided every week from a 35-gallon, 64- gallon, 95-gallon or similar sized wheeled recycling cart(s). 5.2. Collection shall occur in the same location (i.e., at “curbside”) and similar manner as household solid waste collection. 5.3. Recyclables “door-step” collection may occur for eligible residents who apply for and receive City approval. Eligible residents may be disabled or handicapped. There will not be an additional charge to residents who are entitled to “door-step” collection. 5.4. All occupants of RDUs in the City that set out recyclables for municipal collection shall be required to place their household recyclables in the City-supplied cart(s). 5.5. The current list of household recyclables is established under the authority of the City’s Recycling Coordinator. The current list of recyclables as of the date of Contract execution are listed under the definition of “Recyclable Materials” in Section 2. This list may be amended by mutual agreement between the City and the Contractor. 5.6. All recyclable materials placed for collection by residents or management from eligible RDUs or MDUs shall remain the responsibility and ownership of the residents or property owner until picked up by the Contractor. The City requires that all collected recyclables must be delivered to the Contractor’s MRF in a manner acceptable to Ramsey County. 5.7. Residential recyclables collected from the City under this Contract will be kept separate from other materials until delivery to the MRF. Residential recyclables generated in Arden Hills shall be weighed on Certified Truck Scales and the weights CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 10 reported to the City. The Contractor shall retain truck scale weight tickets for City inspection upon request for a period of at least three years. 5.8. The Contractor shall not landfill, incinerate or otherwise dispose of recyclable materials collected for recycling under this Contract without the specific, prior written approval of the City. 5.9. When requested by the City, the Contractor shall submit a plan for how the City may be able to add SSO to its residential curbside collection. This plan shall have specifics on added costs and collection methods/operations. The City shall have sole discretion to accept the SSO plan and/or to initiate negotiations with the Contractor to modify the plan, or reject the plan. 5.10. Cart Ownership and Management 5.10.1. The City shall own the recycling carts. 5.10.2. The Contractor shall be responsible and pay for all aspects of cart management and operations including (but not limited to), receiving, assembly, distribution (aka new cart “roll out”), management of excess cart inventory, (i.e., provide “warehouse” and inventory control services), cart switches/replacements, cart maintenance, repair or replace damaged carts, and manage all aspects of warranty repairs. Contractor shall deliver 64 gallon carts to all RDUs and exchange with other sizes as requested within one week of a valid request. 5.10.3. The Contractor shall serve as the City’s agent for purposes of implementing cart warranty service and replacements. The Contractor will make its best efforts to help assure eligible cart warranty repairs and replacements are paid for by the cart manufacturer and not the City. 5.10.4. The Contractor’s cart distribution services shall include both the initial cart rollout and ongoing cart replacements (i.e. new customers, service changes, replacement of damaged containers, etc.) during the term of the Contract. 5.10.5. Damaged carts and old recycling bins that are not reusable must be recycled. All costs incurred in recycling old curbside bins and new carts damaged beyond repair shall be the responsibility of the Contractor at no additional cost to the City. Residents may be allowed to keep their City- provided recycling bin for other uses. 5.11. Recyclable and Solid Waste collections from City Buildings and Parks 5.11.1. The Contractor shall provide recycling and solid waste collection services at the City owned and operated buildings and parks as listed in Appendix B. 5.11.2. Collection services shall be extended to all new City owned buildings and parks created during the term of the contract. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 11 5.11.3. The Contractor shall provide the recycling and solid waste services at no additional cost to the City. The cost of these collections from City buildings and parks shall be factored into the Contractor’s base contract price for residential collections. 5.11.4. The Contractor shall provide containers necessary for said services including, but not limited to dumpsters. 5.12. Customer Service 5.12.1. The Contractor shall maintain throughout the duration of the Contract a designated single contact who is located in Minnesota and who has sufficient authority to resolve issues when officially notified by City staff. 5.12.2. The Contractor shall provide responsive, friendly customer service at all times including interactions with residents by drivers/crews on the collection route, on the phone, emails, web sites, and other forms of communication. 5.12.3. In the case of alleged missed collections, the Contractor shall investigate, and, if such allegations are verified, the Contractor shall then arrange for the collection of the recyclable materials no later than 6 p.m. the following business day. 5.12.4. The Contractor shall establish and maintain an office or call service with continuous supervision to accept complaints and customer calls. The office shall be in service during the hours of 8:00 a.m. until 5:00 p.m. Central Standard Time on all days except Saturday, Sunday and legal holidays. The call service shall be available from 8:00 a.m. to 12:00 noon) on Saturdays. The address and toll free telephone number of such office shall be posted on the City’s web site. 6. Collection Equipment 6.1. When collecting recyclables under this Contract the Contractor shall use separate collection vehicles for recyclables. 6.2. It shall be the Contractor’s sole responsibility to comply with all road weight restrictions. The Contractor shall immediately inform the City of any notices of exceeding such restrictions. The City retains the right to inspect and/or weigh the Contractor’s trucks at any time. 6.3. All vehicles shall be kept in a clean and sanitary condition; and all collection vehicles shall be cleaned with pressurized hot water at least once a month. It may be necessary to wash these vehicles more often to improve the appearance of the vehicle, eliminate or control insect infestation, and to control odor, if so directed by the City. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 12 6.4. The vehicle bodies shall be painted and numbered, and shall have the Contractor’s name and telephone number painted in letters of a contrasting color, at least four (4) inches high or easily readable under normal conditions. 6.5. The trucks shall be maintained in good working order. They shall be equipped to meet all federal, state and municipal regulations concerning vehicles used on City streets and alleys and maintained to meet these standards. 6.6. All vehicles shall be equipped with the safety equipment as required by any local, state or federal laws. 7. Employees 7.1. All employees shall be competent and skilled in the performance of the work to which they may be assigned. Failure or delay in the performance of this Contract due to the Contractor’s inability to obtain employees of the number and skill required shall constitute a default of the Contract. 7.2. The employees shall not use loud or profane language, shall be courteous at all times arguing will not be tolerated) and shall perform their work as quietly and quickly as possible. 7.3. The employees (and vehicles) shall not drive over private property unless requested by property owners. 7.4. The City or its authorized agent may inspect the work performed for compliance with the Contract. The Contractor shall furnish all reasonable assistance required by the City or its representative for the proper inspection of the Contractor’s premises, facilities, equipment and the MRF to which the City’s recyclables are taken. 7.5. The Contractor shall maintain, separate from all other records and accounts, complete records and an accurate ledger of accounts of all revenues and expenses relating to the collection of the City’s recyclables. Such records and accounts shall, at all reasonable times, be open to inspection by the City and its agents. With reasonable notice, the City shall have the right to audit any portion of the Contractor’s records relating to services provided under this Contract. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 13 8. Indemnity 8.1. The Contractor shall indemnify, keep and save harmless the City and its respective officers, agents and employees against all suits or claims that may be based upon any injury or damage to persons or property that may occur, or that may be alleged to have occurred, in the performance of this Contract by the Contractor, whether or not it shall be claimed that the injury was caused through an negligent act or omission of the Contractor, its employees, it subcontractors or their agents or in connection with any claim based on lawful demands of subcontractors, workers, or suppliers; and whether or not the persons injured on whose property was damaged were third parties, employees of the Contractor or employees of an authorized subcontractor; and the Contractor shall, at its own expense, defend the City in all litigation, pay all attorneys’ fees and all costs and other expenses arising out of the litigation or claim or incurred in connection therewith; and shall, at its own expense, satisfy and cause to be discharged such judgments as may be obtained against the City, or any of its officers, agents or employees. 8.2. When requested by the City, the Contractor shall submit satisfactory evidence that all persons, firms or corporations who have done work or furnished supplies under this Contract, for which the City may become liable under the laws of the State of Minnesota, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount may be retained from compensation due the Contractor, which will be sufficient in the opinion of the City’s Attorney, to meet all claims of the persons, firms, and corporations as aforesaid. Such sum shall be retained until the liabilities are fully discharged or satisfactorily secured. 9. Insurance 9.1. The Contractor shall provide and maintain in full force and effect during the entire term of this Contract, regular Contractor’s Public Liability Insurance, with the City as an additional insured, providing for a limit of not less than Two Million Dollars 2,000,000.00) for all damages arising out of bodily injuries or death of one person, and subject to that limit for each person, and regular Contractor’s auto, property damage liability insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out destruction of property in any one accident, and subject to that limit per accident. The Contractor shall also provide workers’ compensation insurance and employers’ liability insurance as required by law. Policies or coverage required shall be updated as necessary to meet at least the amounts specified in Minn. Stat. § 466.04 for each year of the Contract. Contractor shall provide Environmental Impairment Liability (Pollution Legal Liability) for sudden and non-sudden (gradual) pollution occurrences covering all facilities and equipment owned and used by Contractor, or its agents or employees. Limits of liability shall be no less than $5,000,000 for each occurrence and $5,000,000 aggregate, and shall continue for a two year period following termination of this Agreement. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 14 Such policies shall provide for ten (10) days’ notice to the City of any change, cancellation, or lapse of such policy. The Certificates of Insurance shall name the City as an additional insured, and state that the Contractor’s coverage shall be the primary coverage in the event of a loss. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. The Contractor shall further guarantee and save harmless and indemnify the City of and from any and all loss, damage, claims, suits, judgments and recoveries which may be asserted, made or may arise or be had, brought or recovered against the City by reason of any of the foregoing claims except such as are caused by the existence of the disposal sites at the locations specified or contemplated in the Contract; and that it shall immediately appear and defend the same as its own cost and expense. Prior to the effective date of this Contract, the Contractor shall file a copy of such policies with the Recycling Coordinator. 10. Payment and Performance Bonds/Letter of Credit 10.1. Before the Contract shall be valid or binding against the City, the Contractor shall provide both a Payment Bond and a Performance Bond to the City of Arden Hills for the use of said City, and also for the use of anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment, or materials in the execution of such Contract, which bonds shall be signed by the Contractor and shall be in the amount of fifty (50) percent of the yearly Contract amount. The Bonds shall at all times be kept in full force and effect. The Bonds or Letters of Credit shall be approved by the City Attorney and filed with the City Clerk or designee. 10.2. The conditions of the Bonds or Letters of Credit shall be that the Contractor shall fully and faithfully perform all conditions of the Contract and these specifications; shall pay anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment or material in the execution of such Contract; and such Bonds or Letters of Credit shall provide the full amount thereof and shall be forfeited upon the Contractor’s failure to comply therewith. 11. Transferability of Contract 11.1. Other than by operation of law, no transfer or assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the City. In the event of an assignment, the Contractor shall act as a guarantor of the assignee’s satisfactory performance of all Contractual obligations. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 15 12. Reporting and Promotional/Educational Activities 12.1. Monthly and Annual Materials Reports. Monthly reports and annual reports regarding the City’s recycling program will be submitted to the City. At a minimum, the monthly reports should include the following information: 12.1.1. Total number of stops collected, total number of possible stops (set out numbers). 12.1.2. Gross amounts of materials collected, by recyclable material (in tons). 12.1.3. Net amounts of materials marketed, by recyclable material (in tons). 12.1.4. Amounts of materials stored, by recyclable material (in tons), with any notes as to unusual conditions. 12.1.5. The markets used for the sales of each of the recyclable commodities during that month. 12.1.6. The amounts of process residuals disposed (in tons) and the location(s) of disposal facility. 12.1.7. Revenue share credits back to the City, with the calculations by which those credits were determined. 12.1.8. Customer information collected on routes: 12.1.8.1. The locations of damaged and replaced carts. 12.1.8.2. Addresses that do not participate in the recycling program. Monthly reports shall be due to the City by the 15th day of each month subsequent to the month of the report. The first monthly report in 2015 shall be due on June 15, 2015. Annual reports shall be due by January 15 and shall be a compendium of the previous monthly reports with an annual summary of trends. The annual report will include recommendations for continuous improvement in the City’s recycling program (e.g., public education, multi-unit recycling, etc.). 12.2. Customer Relations Report. The City will be provided with 12.2.1. A quarterly list of all customer complaints, including a description of how each complaint was resolved. 12.2.2. The number, address and results of the Annual Cart Checks. Annual Cart Checks are completed by looking inside the cart of 100 residential properties to check for contaminants. 12.2.3. A quarterly list of all missed pickups reported to the Contractor. Quarterly reports shall be due the 15th of the months of February, April, July and October, with the 2015 quarterly reports beginning in July. Annual reports shall be due by January 15th of each year. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 16 12.3. Annual Performance Review. Meeting to Discuss Recommendations for Continuous Improvement. The City shall schedule an annual meeting to include (but not be limited to): 12.3.1. Review annual report, including trends in recovery rate and participation. 12.3.2. Review efforts made to expand recyclable markets. 12.3.3. Review performance based on feedback from residents. 12.3.4. Review recommendations for improvement in the City’s recycling program, including enhanced public education and other opportunities. 12.4. Promotional/Educational Activities 12.4.1. The Contractor and the City shall work together in the preparation and distribution of educational materials to insure accurate information and program directions. The Contractor shall pay for the annual design, printing and mailing of a curbside program flyer with an additional 200 fliers to be placed at City Hall. The flyer shall be approved by the City in writing prior to printing or distribution. The flyer shall be delivered to homes no later than January 31 of each year. 12.4.2. The publicity and promotion program may include articles for City newsletters, public appearances, provision of information for local environmental groups, or attendance at public events sponsored by the City. The Contractor shall at a minimum provide one (1) newsletter article per year. The Contractor is encouraged to develop new public education and outreach materials each year. 12.4.3. The Contractor will work with the City to prepare guidelines for residents of eligible RDUs and MDUs with recycling instructions. 12.4.4. Each year by January 31st, the Contractor shall send a mailing to each residential property that is served by the Contractor with a specific list of instructions for sorting recyclable materials and setting out recycling carts. 12.4.5. The yearly mailing will include instructions for residents of eligible RDUs to have their recyclables carts set out to curbside by 7:00 a.m. on their designated recycling collection day. 12.4.6. The Contractor shall conduct its own promotions and public education to increase participation. The Contractor shall submit a draft of any public education literature for approval by the City at least one month before printing and release of any such literature. 12.4.7. The annual work plan shall include initiatives to improve the City’s recycling program. These initiatives may include (but are not limited to) expansion of materials collected, voluntary expansion to businesses, effective education of residents with measurement, community involvement, outreach to low participating communities, and outreach using electronic communications including e-mail reminders and apps. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 17 13. Default and Termination 13.1. If the work to be done under this Contract is abandoned by the Contractor; or if this Contract is assigned by it without the written consent of the City Council; or if the Contractor is adjudged bankrupt; or if a general assignment of assets is made for the benefit of the Contractor’s creditors; or if a receiver is appointed for the Contractor of any of its property; or if, at any time, the City determines that the performance of the work under this Contract is being unnecessarily delayed or that the Contractor is violating any of the conditions of this Contract, or that it is executing the same in bad faith or otherwise not in accordance with the terms of this Contract, then the City may serve written notice upon the Contractor and its surety of the City’s intention to terminate this Contract. 13.2. Unless within twenty-one (21) days after the servicing of such notice, a satisfactory arrangement is made for continuance, this Contract shall terminate and the Contractor and its surety shall be liable to the City for all costs. 13.3. The City May Withhold Payments or Performance Bond. In the event of Contractor’s default under the terms of this Contract, all payments due the Contractor shall be retained by the City and applied to the completion of the Contract and to damages suffered and expenses incurred by the City by reason of such default, unless the surety on the performance bond shall assume the Contract, in which event all payments remaining due the Contractor at the time of default, less amounts due the City from the Contractor and less all sums due the City for damages suffered and expense incurred by reason of such default shall be due and payable to such surety. Thereafter, such surety shall receive monthly payments equal to those that would have been paid to the Contractor had such Contractor continued to perform the Contract. 13.4. Liquidated Damages 13.4.1. The imposition of liquidated damages is not a penalty, but recognition of the difficulty of ascertaining the damages resulting from certain types of performance breaches. The assessment of liquidated damages shall be at the reasonable discretion of the City and shall be in lieu of other remedies, if imposed. 13.4.2. The City may deduct the full amount of any liquidated damages from any payment due to the Contractor, but any liquidated damages not so deducted shall remain the obligation of the Contractor and be payable to the City on demand. 13.4.3. The City may assess liquidated damages in lieu of other remedies available to the City for breach of the Contract or violation of the City’s ordinances. Failure to impose liquidated damages for lack of performance shall not constitute a waiver of the City’s other rights and/or CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 18 remedies under either the Contractor or the City’s ordinances or any subsequent failure of performance. 13.4.4. The Contractor shall be liable to the City for liquidated damages, in the amount of $75.00 for the first incident, $100.00 for the second incident and $200.00 per incident thereafter; upon determination by the City that performance has not occurred consistent with the following provisions of the Contract: 13.4.4.1. Failure to pick up missed collections by 6:00 p.m. on the day following scheduled collection day. 13.4.4.2. Failure to complete City-wide or route-wide collection by 6:00 p.m. on the scheduled collection day, unless prior approval is received by the City. 13.4.4.3. Failure to adequately address legitimate complaints, whether submitted by residents or the City. 13.4.4.4. Failure promptly to clean up any spills or leaks caused by the Contractor. 13.4.4.5. Failure to clean up scattered or spilled material spilled by the Contractor within three hours of written or oral notice from the City. 13.4.4.6. Disposal of recyclables by the Contractor in a landfill, resource recovery facility or other disposal facility without receiving prior written City permission. 13.4.4.7. Failure to adhere to other collection restrictions and requirements set forth in the Contract. If the Contractor has violated or failed to follow collection restrictions or requirements in general, the City may treat each violation or failure as a separate incident for the purpose of calculating liquidated damages. 13.4.4.8. Failure to request and obtain permission from the City for collecting on the residential routes earlier than 7 a.m. or later than 6 p.m. 14. Payment for Base Collection Services 14.1. The City shall be responsible for invoicing and collecting the utility rate fees from all eligible RDUs and MDUs receiving collection services. 14.2. The City may give the Contractor oral notice of discontinuation of service to RDUs or MDUs, promptly followed by written confirmation of the order. Upon reinstatement of service at the RDU or MDU by the City, the Contractor shall resume collections on the next scheduled collection day. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 19 14.3. The Contractor shall bill the City for any collection services rendered to mutually agreed-upon, eligible RDUs and MDUs according to the collection service Contract prices set forth in this Contract. The Contractor shall invoice the City on a monthly basis within ten (10) days following the end of each month in a format to be specified by the City. The Contractor shall itemize applicable charges by county, state or federal agencies. 14.4. The City shall pay the Contractor within 35 days after receiving and approving the invoice from the Contractor. The City’s payment to the Contractor shall be based on the approved invoice and the collection service Contract prices set forth in this Contract. The Contractor shall be entitled to payment for services rendered provided an approved invoice is submitted to the City pursuant to the terms of this Contract regardless of whether or not the City collects the utility rate fee from the specific RDU or MDU for such services. However, the Contractor shall not be entitled to receive payment for dwelling units for which the Contractor has received notice from the City of discontinuance of service. The City shall be entitled to offsets in its payments to Contractor amounts for Contractor errors or omissions as specified in the Liquidated Damages Section 13. 14.5. The City will compensate the Contractor through the base Contract prices set for recyclable collection services for RDUs. Commencing May 4, 2015, the base Contract prices will be: Recyclables Collection shall be $3.03 per eligible RDU per month for weekly recycling service. Eligible RDUs with more than one (1) cart will be charged an additional fee of $2.00 per household per month per cart. 14.6. City will compensate the Contractor through the base Contract prices set for recyclable collection services for MDUs. Commencing May 4, 2015, the base Contract prices will be: Recyclables Collection shall be $55.00 per eligible MDU per month for each four yard container serviced once per week or $4.25 per eligible MDU per month for each 65 gallon cart serviced once per week. 14.7. The City shall provide a count of eligible RDUs and MDUs by January 1 of each year. These annual counts may include additional RDUs and MDUs added due to new development, redevelopment or other such changes. 14.8. The Contract price will be multiplied by the total number of RDUs and MDUs as determined by the City to result in the monthly payment amount to Contractor. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 20 14.9. Annual Contract Price Increase The City agrees that the price per residential dwelling unit will increase each year by the Consumer Price Index for the Upper Midwest as determined by the Federal Reserve Bank of Minneapolis or by three (3) percent, whichever is less. The price change shall go into effect on May 4 of each year. The City will notify the Contractor by the last week of January of the compensation rate for the subsequent contact year. 14.10. Processing Fees and Revenue Share 14.10.1. The processing fee for all recyclable material commodities shall be 66.00 per ton. The city agrees that the processing rate will increase each year by the Consumer Price Index for the Upper Midwest as determined by the Federal Reserve Bank of Minneapolis or by three (3) percent, whichever is less. The price change shall go into effect May 4 of each year. The City will notify the Contractor by the last week of January of the compensation rate for the subsequent contact year. 14.10.2. The Revenue Share on all commodities shall be split between the City and the Contractor at a rate of 80% (City) and 20% (Contractor). 14.10.3. The revenue will be calculated by multiplying the tons of individual materials collected, times the agreed upon material price. Total revenue shall be calculated by adding all of the revenue generated for each of the materials collected and processed. Contractor shall guarantee a minimum price on all materials of $0.00 per ton. If a particular material price is negative, a price of $0.00 per ton shall be used. 14.10.4. Processing fee will be calculated by multiplying the tons of individual materials collected by the agreed upon processing fee as described in Section 14.10.1. Total Processing Fees will be calculated by adding all of the processing fees generated for each of the materials collected and processed. 14.10.5. Revenue share received by the City will be calculated by subtracting the Total Processing Fee from the Total Revenues. If the remainder is positive, that number represents the revenue that shall be split between the City and the Contractor 80% (City) and 20% (Contractor). 14.11. Annual Residual Waste Evaluations. A load evaluation shall be made in the presence of both parties on a date mutually agreed upon to validate or re-establish the residual percentages used in the payback matrix. The annually validated and agreed upon percentage will be used until the next annual review. The City of Arden Hills and Republic Services agree that the commodity percentages listed on the Revenue Share Matrix are a reasonably accurate approximation of the percentages of each commodity of Recyclable Materials. The Revenue Share Matrix will be updated monthly by the actual percentages of residential single stream material shipped by Republic that month and the agreed upon residual percentages. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 21 14.12. Change in Law Provision. The City and Republic Services agree that any change in law that materially affects the performance or pricing of the agreement will be reviewed within 30 days of such law taking affect. Both the City and Republic Services agree that following the review the parties will negotiate in good faith to return this agreement to substantially similar terms, conditions, or pricing that were present prior to change in law. 15. Miscellaneous Provisions 15.1. In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any of the remaining provisions or portions of the Contract. 15.2. Any notice or demand required herein shall be in writing and shall be effectively made if delivered to either party in person or, if mailed, sent by certified mail as follows: To the City of Arden Hills at 1245 West Highway 96, Arden Hills, MN 55112; and to the Contractor at 9813 Flying Cloud Drive, Eden Prairie, MN 55347; or to such other address as either party may furnish the other in writing. Any change must be agreed upon by both parties in writing. IN WITNESS WIIEREOF, the parties hereto have caused this instrument to be duly executed of a one (I) year extension on this 12 1h day or November 2019. CITY OF ARDEN III LLS, MN: l Y DI\ VID CiRJ\NT. iv!;\ YOR BY do/a.uuJ&u...uJt- 1);\ VF Pl-:RRAUI.T. CITY ADl'vllN ISTRATOR APPROVED AS TO FORM: l Y -------------- JOEL .IAivlNIK. CITY ATTORNEY CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 23 Appendix A Map of Route Sectors by Collection Day Tuesdays for properties south of I-694 and on Wednesdays for properties north of I-694) CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 24 Appendix B City Facilities to be serviced by the Contractor. City Hall and 14 City Parks Park Recyclables may be collected from a central location as determined by the Public Works Department) Page 1 of 2 DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Resolution 2021-058 Authorizing the Application for Recycling SCORE Grant Funds from Ramsey County for 2022 Budgeted Amount: Estimated Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Resolution 2021-058 Authorizing the Application for Recycling SCORE Grant Funds from Ramsey County for 2022. All items need a simple majority for action unless otherwise noted. Background The City is eligible to apply for grant money from Ramsey County’s recycling SCORE grant program for 2022. Grant funds can be used to offset the cost of the City’s recycling program, including administration, equipment, and collection costs. In the past, the City has primarily used the funds to offset collection costs and the annual spring and fall community Cleanup Day costs. The County requires a resolution from the City Council to authorize the application for the SCORE grant. The 2022 grant allocation for Arden Hills has a base amount of $24,479, with the possibility of additional funding. The City annually budgets for increases in the recycling budget. Proposed 2022 recycling fees will be on an upcoming City Council agenda for approval. The budget for the City’s recycling program in 2021 was $189,500. The $24,479 in SCORE grant money offsets approximately 13% of the base cost of the residential recycling program. Revenue share from the recycling hauler also plays a role in reducing the base cost of the recycling program. Recycling fees, which are CONSENT – 7I MEMORANDUM Page 2 of 2 assessed to each participating residential property, cover the remaining portion of the recycling budget. Budget Impact The SCORE grant provides a partial funding source for the City’s recycling program and helps offset costs to the City and its residents. Attachments Attachment A: Resolution 2021-058 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. 2021-058 RESOLUTION AUTHORIZING APPLICATION FOR RECYCLING SCORE GRANT FUNDS FROM RAMSEY COUNTY FOR 2022 WHEREAS, the City of Arden Hills is eligible to apply for SCORE recycling grant funds from Ramsey County; and WHEREAS, such funds would assist in continuing and improving the City’s recycling program for the year 2022. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: That the City Administrator or designee be authorized to apply for such grant funds for the year 2022. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25th DAY OF OCTOBER, 2021. ______________________________ DAVID GRANT, MAYOR ATTEST: ____________________________ JULIE HANSON, CITY CLERK Page 1 of 1 CONSENT ITEM – 7J MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director SUBJECT: Termination of Abatement Agreement for the Land O’ Lakes Expansion Project Budgeted Amount: Actual Amount: Funding Source: Max $650,000 over 15 years $0 Economic Development Authority Council Should Consider Motion to approve, table or deny the following: •Terminate the property tax abatement agreement for the Land O’Lakes expansion project and authorize the City Administrator and/or Mayor to execute necessary documents to finalize the termination. All items need a simple majority for action unless otherwise noted. Background In 2016, Land O' Lakes requested an abatement of new property taxes generated by the expansion of its headquarters campus in Arden Hills. On April 12, 2016, Land O’ Lakes, the city of Arden Hills and Ramsey County entered into an abatement agreement for the tax increment on the new Land O’Lakes headquarters. The agreement was later amended on March 28, 2017, due to a numerical error. Discussion Land O’ Lakes is now requesting termination of the abatement agreement. Land O’ Lakes indicated circumstances have changed for the company and the pandemic in particular had an impact on the level and pace of job creation. Job creation is a required metric for which the company was allowed to seek financial benefits under the abatement agreement. As a result, Land O’ Lakes is no longer seeking the past or future benefits of the abatement agreement. Ramsey County took a similar action at their October 12, 2021 meeting. Budget Impact With the dissolution of the abatement agreement, collected taxes on the new value of the Land O’ Lakes headquarters campus expansion by all taxing jurisdictions shall be retained. Attachments A.Land O’ Lakes Termination Notice DATE: October 6, 2021 VIA EMAIL AND CERTIFIED MAIL City of Arden Hills, Minnesota City Hall Attn: Dave Perrault, City Administrator 1245 Highway 96 West, Arden Hills, Minnesota 55112 RE: Termination of Loan Agreement and Abatement Contract Notice Dear Mr. Perrault: In 2016, Land O’Lakes, Inc. (“Land O’Lakes”) commenced plans to construct an office expansion at its headquarters location at 4001 Lexington Avenue North in Arden Hills, Minnesota. In support of this project, Land O’Lakes sought funding and tax abatement assistance from the Independent School District No. 621, the City of Arden Hills, Ramsey County, and the State of Minnesota. Loan Agreement Land O’Lakes and the City of Arden Hills, Minnesota (“City”), are parties to an Agreement for Loan of Minnesota Investment Funds – Forgivable Loan, dated April 12, 2016 (the “Loan Agreement”). The City applied to the State of Minnesota, acting through the Department of Employment and Economic Development, Business and Community Development Division (“State”) for a Minnesota Investment Fund Grant pursuant to an application and received approval for such grant. The grant contract number between the City and State is #CDAP-14-0007- H-FY15 (“MIF Grant”). The Loan Agreement details the loan terms with Land O’Lakes regarding the MIF Grant. The available MIF Grant amount was $1,000,000. The MIF Grant was to be used by the City to make a forgivable loan to Land O’Lakes in an amount not to exceed $1,000,000. The purpose of the Loan Agreement and MIF Grant was to provide financial assistance to Land O’Lakes office expansion at its headquarters in Arden Hills, Minnesota. The MIF Grant agreement was effective on April 11, 2016 and terminates on March 31, 2021. The Loan Agreement also terminates on March 31, 2021. This letter hereby provides the City with formal notice of Land O’Lakes’ intent not to pursue disbursement of the forgivable loan detailed in the Loan Agreement and confirm the Loan Agreement will formally terminate on March 31, 2021. Circumstances have shifted considerably for our company; the pandemic in particular has impacted the level and pace of job creation for our company and many others. As a result, we are no longer seeking the benefits of the Loan Agreement. We are grateful for the strong collaboration and partnership we gained with your agency during the process, however, and hope we can continue to foster that relationship in the years ahead. At no point during the term of the Loan Agreement has Land O’Lakes requested or received any loan amounts from the State or City related to the Loan Agreement. For purposes of clarity the parties agree that Land O’Lakes is not in default under the Loan Agreement and did not receive any loan amount under the Loan Agreement or MIF Grant agreement. Per Section 4.2(c) of the Loan Agreement, the City and the State are not entitled to make any claim against Land O’Lakes for any damages whatsoever. The parties also acknowledge and agree to release one another from any obligation under the Loan Agreement. Abatement Agreement Land O’Lakes, the City and Ramsey County, Minnesota (“County”) are parties to an Abatement Contract for Private Development dated April 2, 2016 (“Abatement Agreement”). Pursuant to Minnesota Statutes, Section Attachment A 469.1812 through 469.1815 the City Council of the City and the Board of Commissioners of the County each approved a resolution authorizing abatement of a portion of the property taxes at Land O’Lakes headquarters property. Pursuant to the Abatement Agreement, the City approved a tax abatement for up to 15 years in the maximum amount of $650,000 commencing on August 1, 2020 and continuing through February 1, 2035 (“City Abatement”) and the County approved a tax abatement for up to 15 years in the maximum amount of $1,500,000 commencing on August 1, 2020 and continuing through February 1, 2035 (“County Abatement”). Under the terms of the Abatement Agreement, the City is responsible for paying Land O’Lakes the City Abatement and the County Abatement on each February 1 and August 1, commencing on August 1, 2020. The Abatement Agreement terminates on February 1, 2035. Land O’Lakes’ compliance date for its obligations under the Abatement Agreement expired on December 31, 2020. Circumstances have shifted considerably for our company; the pandemic in particular has impacted the level and pace of job creation for our company and many others. As a result, we are no longer seeking the benefits of the Abatement Agreement. We are grateful for the strong collaboration and partnership we gained with your agency during the process, however, and hope we can continue to foster that relationship in the years ahead. At no point during the term of the Abatement Agreement has Land O’Lakes requested or received any City Abatement and County Abatement amounts from the City or County related to the Abatement Agreement. For purposes of clarity the parties agree that Land O’Lakes is not in default under the Abatement Agreement and did not receive any City Abatement and County Abatement amounts from the City or County under the Abatement Agreement. Per Section 9.2(c) of the Abatement Agreement, the City and County are not entitled to make any claim against Land O’Lakes for any damages whatsoever. The parties also acknowledge and agree to release one another from any obligation under the Abatement Agreement. This letter hereby provides the City with formal notice of Land O’Lakes’ intent not to pursue tax abatement funds detailed in the Abatement Agreement and confirm the parties agree the Abatement Agreement will terminate upon receipt of this notice. Please indicate your acknowledgement and receipt of this notice by executing and returning a photocopy of this notice back to me. If Land O’Lakes has not heard from you in ten (10) business days, Land O’Lakes will assume that you acknowledge this notice of termination. Regards, Sheilah Stewart SVP & General Counsel Acknowledged and Received: _______________________ Dave Perrault Page 1 of 2 CONSENT ITEM – 7K MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director SUBJECT: 2021 3rd Quarter Financials Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: •Quarterly budget to actual fund statements and investment portfolio detail for the City. All items need a simple majority for action unless otherwise noted. Background Investments - per the Investment Policy, our Benchmark Rate is the 4M plus Rate. At September 30, 2021 – this rate was 0.03% and our portfolio is averaging 1.98%. All of our investments are in government secured or government backed deposits. Utility billing cycles and CIP projects are taken into account when determining how much to invest and for how long. Basis of accounting – during the year, City books are kept on a cash basis which means that only items that are received are booked as revenue and items paid are booked as expenses. Adjustments for accruals, deferrals and other accounting requirements are made at year end. General Fund – The main source of revenue for the City is property taxes and these come in twice a year. Expenditures are at 67.4% of budget through the quarter, compared to 67.7% last year. Other governmental funds, enterprise funds and internal service funds – Utility revenue for third quarter will be booked in October 2021 and annual transfers between funds will be booked later in the year. The allocation for insurance (Risk Management Fund) was completed in June. We are not anticipating any major budget issues as a result of COVID in 2021, but staff will inform Council of any significant impacts that arise at the November work session. Page 2 of 2 Discussion City Staff respectfully request the City Council review the quarterly updates for further discussion. Budget Impact None. Attachments Attachment A: Investment Portfolio Analysis Attachment B: General Fund Revenues and Expenditures Summary Attachment C: Other City Funds Revenues and Expenditures Summary Attachment D: Permit Data CITY OF ARDEN HILLSSCHEDULE OF INVESTMENTSFOR THE MONTH ENDING SEPTEMBER 30, 2021Institution Description TypeWells Fargo - SecWells Fargo Securities Money MarketWells Fargo - SecMet Council Mpls-St Paul Municipal SecuritiesWells Fargo - AdvWells Fargo Advisors Money MarketWells Fargo - AdvHanmi BankBrokered CDWells Fargo - AdvSafra National Bank Brokered CDWells Fargo - AdvCeltic Bank Brokered CDWells Fargo - AdvFHLB Municipal SecuritiesRBCRBC Money MarketRBCSecurity Bank Brokered CDRBCBank of India NY Brokered CDRBCFifth Third Bk Cincinnati Brokered CDRBCOregon Sch Brds Assn Municipal SecuritiesRBCFirstbank PR Santurce Brokered CDRBCRaymond James BankBrokered CDRBCSallie Mae BkBrokered CDRBCNew York NY Taxable GO Bds Municipal SecuritiesRBCWells Fargo Bk Brokered CDRBCCity of NY, NY Tax GOMunicipal SecuritiesRBCJP Morgan Chase Brokered CDRBCCitibank Nat'l Assoc Brokered CDRBCCapital One Natl Assn McLean VABrokered CDRBCBank of the West Instl Brokered CDRBCMorgan Stanley Private Bank Brokered CDRBCPrescott Wis Sch Dist Municipal SecuritiesRBCCapital One Bk USABrokered CDRBCMorgan Stanley Bk NABrokered CDRBCEnerbank USA UT Brokered CDRBCState of Mississippi Municipal SecuritiesRBCNew Jersy St Econ Dev Municipal SecuritiesRBCFFCB Municipal SecuritiesRBCFHLB Municipal SecuritiesRBCSan Marcos Tex Cons Municipal SecuritiesRBCGladewater Cnty Line Ind TX Municipal SecuritiesRBCNew York City NY TransitMunicipal SecuritiesRBCPark Creek Co Met Dist CO Municipal SecuritiesRBCPalm Beach Fla Rev Municipal SecuritiesRBC WEALTHMichigan City ISD Municipal SecuritiesRBC WEALTHHawaii St GO Bds Municipal SecuritiesRBCFFCB Municipal SecuritiesRBCNew York, NYMunicipal SecuritiesRBCVista Calif Uni Sch DistMunicipal SecuritiesRBCState of Washington Municipal SecuritiesAffinity PlusMembership Savings Money MarketAffinity Plus60 Mo CD Brokered CDAffinity Plus60 Mo CD Brokered CDPMA4M General Money MarketPMA4MP General Money MarketPMA4M Payroll Money MarketPMAARPA Funds Municipal SecuritiesPMATerm Series (xxx days) Municipal SecuritiesTotal cash and investmentsUnadjustedMarket Value Deposits - Expenditures - Market Value Market Value Unrealized1/1/2021 Purchases Sales Transfers Interest 9/30/2021 9/30/2021 gain / loss3,010.42$ 150,000.00$ -$ -$ 2,850.33$ 155,860.75$ 155,860.75$ -$ 151,356.00 - (150,000.00) - - 1,356.00 - (1,356.00) 154,366.42 150,000.00 (150,000.00) - 2,850.33 157,216.75 155,860.75 (1,356.00) 6,446.78$ 694,000.00$ (245,000.00)$ -$ 5,197.58$ 460,644.36$ 460,644.36$ -$ 240,859.20 - (240,000.00) - - 859.20 - (859.20) 209,152.57 - (209,000.00) - - 152.57 - (152.57) 245,820.75 - (245,000.00) - - 820.75 - (820.75) - 245,000.00 - - - 245,000.00 242,662.70 (2,337.30) 702,279.30 939,000.00 (939,000.00) - 5,197.58 707,476.88 703,307.06 (4,169.82) - - (923,344.70) - 124,640.17 (798,704.53) (798,704.53) - 249,722.10 - (249,000.00) - - 722.10 - (722.10) 246,000.00 - (246,000.00) - - - - - 246,000.00 - (246,000.00) - - - - - 343,168.05 - (345,000.00) - - (1,831.95) - 1,831.95 254,336.07 - - - - 254,336.07 250,307.25 (4,028.82) 253,598.94 - - - - 253,598.94 248,277.96 (5,320.98) 253,903.65 - - - - 253,903.65 249,670.07 (4,233.58) 356,338.50 - - - - 356,338.50 353,969.00 (2,369.50) 257,490.90 - - - - 257,490.90 253,798.23 (3,692.67) 473,278.50 - - - - 473,278.50 465,012.00 (8,266.50) 230,004.80 - - - - 230,004.80 231,350.40 1,345.60 260,565.66 - - - - 260,565.66 255,301.26 (5,264.40) 105,771.00 - - - - 105,771.00 103,742.00 (2,029.00) 98,280.00 - - - - 98,280.00 99,150.00 870.00 259,485.85 - - - - 259,485.85 255,000.33 (4,485.52) 236,337.15 - - - - 236,337.15 235,465.30 (871.85) 108,178.00 - - - - 108,178.00 105,517.00 (2,661.00) 160,480.50 - - - - 160,480.50 156,766.50 (3,714.00) 264,403.14 - - - - 264,403.14 258,442.08 (5,961.06) 440,264.00 - - - - 440,264.00 428,088.00 (12,176.00) 333,091.50 - - - - 333,091.50 335,797.00 2,705.50 - 299,886.00 - - - 299,886.00 297,582.00 (2,304.00) - 399,810.00 - - - 399,810.00 398,436.00 (1,374.00) 237,250.00 - - - - 237,250.00 239,417.50 2,167.50 239,387.50 - - - - 239,387.50 238,490.00 (897.50) 427,624.00 - - - - 427,624.00 417,932.00 (9,692.00) 323,937.00 - - - - 323,937.00 315,828.00 (8,109.00) 411,746.40 - - - - 411,746.40 413,224.50 1,478.10 268,390.00 - - - - 268,390.00 268,997.50 607.50 441,434.00 - - - - 441,434.00 421,785.00 (19,649.00) - 301,507.75 - - - 301,507.75 299,553.00 (1,954.75) - 399,359.78 - - - 399,359.78 395,176.00 (4,183.78) - 303,171.00 - - - 303,171.00 298,899.00 (4,272.00) 205,558.00 - (200,000.00) - - 5,558.00 - (5,558.00) 7,986,025.21 1,703,734.53 (2,209,344.70) - 124,640.17 7,605,055.21 7,492,270.35 (112,784.86) 389.70 - (5,724.10) 5,995.86 0.14 661.60 661.60 (0.00) 112,938.29 - - (2,648.76) 1,665.14 111,954.67 111,954.67 - 287,114.74 - - (3,347.10) 4,267.69 288,035.33 288,035.33 - 400,442.73 - (5,724.10) 0.00 5,932.97 400,651.60 400,651.60 (0.00) 1,406,941.37 13,246,862.51 (11,574,151.48) (899,611.15) 120.53 2,180,161.78 2,180,161.78 - 5,422,173.33 - - 900,000.00 1,537.82 6,323,711.15 6,323,711.15 - 0.03 770,781.35 (770,781.38) - - - 0.00 0.00 - 543,952.40 - - 9.79 543,962.19 543,962.19 - - - - - - - - - 6,829,114.73 14,561,596.26 (12,344,932.86) 388.85 1,668.14 9,047,835.12 9,047,835.12 0.00 16,072,228.39$ 17,354,330.79$ (15,649,001.66)$ 388.85$ 140,289.19$ 17,918,235.56$ 17,799,924.88$ (118,310.68)$ Attachment A CITY OF ARDEN HILLSSCHEDULE OF INVESTMENTSFOR THE MONTH ENDING SEPTEMBER 30, 2021UnadjustedMarket Value Market Value VarianceMaturity 9/30/2021 9/30/2021 9/30/2021Current 8,873,933.97$ 8,866,297.30$ (7,636.67)$ < 1 year 1,375,668.06 1,356,022.51 (19,645.55) 1-2 years 1,567,889.96 1,554,545.66 (13,344.30) 2-3 years 764,481.50 752,749.13 (11,732.37) 3-4 years 2,214,092.14 2,196,252.58 (17,839.56) 5+ years 3,122,169.93 3,074,057.70 (48,112.23) 17,918,235.56$ 17,799,924.88$ (118,310.68)$ Weighted average Rate of return 1.98% 9/30/2021Average Maturity (years) 0.78 9/30/2021Market Value Investment Type 9/30/2021Money Market 8,322,335.11$ Brokered CD 2,867,313.08 Comml Paper - Municipal Securities 6,610,276.69 Checking - 17,799,924.88$ $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 $10,000,000Current < 1 year 1-2years2-3years3-4years5+ yearsMaturities47%16%0%37%0%Money MarketBrokered CDComml PaperMunicipal SecuritiesChecking ATTACHMENTB YTD YTD YTD Annual Through %of Through Budget 9/30/2021 Budget 9/30/2020 REVENUES Taxes 3,715,930$2,047,578$55.1% 2,008,189$ Licensesandpermits 575,520640,605111.3% 337,155 Intergovernmental 147,73096,89565.6% 105,465 Chargesforservices 599,650490,11581.7% 217,321 Finesandforfeits 27,65010,25437.1% 7,616 Specialassessments 1,0602,257212.9% 2,061 Investmentearnings 18,600(8,876) Ͳ47.7% 84,595 Miscellaneous 17,1302,34513.7% 54,605 TOTALREVENUES 5,103,2703,281,17364.30% 2,817,006 EXPENDITURES Mayor&Council 73,96059,23580.1% 56,362 Administration 371,920255,67068.7% 232,013 Elections 31,85024,34476.4% 19,183 Finance 185,900147,87779.5% 142,072 TCAAP 85,13019,94123.4% 34,927 Planning&Zoning 230,130144,01462.6% 108,745 GovernmentBuildings 197,03089,34345.3% 114,066 PublicSafety 1,390,2401,041,47774.9% 1,003,058 Dispatch 55,80036,18964.9% 30,386 FireProtection 656,400656,401100.0% 620,986 EmergencyManagement 5,7904,12271.2% 4,523 ProtectiveInspections 347,980177,94851.1% 216,282 StreetMaintenance 755,540432,35557.2% 432,641 Recreation 262,730105,41640.1% 129,006 ParkMaintenance 562,580320,88557.0% 263,750 TOTALEXPENDITURES 5,212,9803,515,21667.43% 3,408,000 EXCESSREVENUES(EXPENDITURES) (109,710)(234,043)213.3% (590,994) OTHERFINANCINGSOURCES(USES) EDAFundtransfers Ͳ Ͳ#DIV/0!Ͳ EquipmentFundtransfers Ͳ Ͳ#DIV/0!Ͳ PublicSafetyCapitalFundtransfers Ͳ Ͳ#DIV/0!Ͳ PIRFundtransfers (548,000)(548,000)100.0% (478,000) TOTALOTHERFINANCINGSOURCES(USES) (548,000)(548,000)100.00% (478,000) NETCHANGEINFUNDBALANCE (657,710)$(782,043)$118.90% (1,068,994)$ Taxrevenuesarecollectedtwiceayear. Mayor&CouncilͲannualduespaymentsarepaidduringthefirstquartereachyear. GovernmentBuildingsͲhavenotyetreceivedthebillfor1sthalfcostsforPWFacility. RecreationͲafulltimepositionwaseliminatedin2021. Marketvaluesareadjustedthroughouttheyear.InterestreceivedYTDtotals$140,289.19and themarketvalueadjustmentYTDis($118,310.68). CITYOFARDENHILLS STATEMENTOFREVENUESANDEXPENDITURES GENERALFUND FORTHENINEMONTHSENDEDSEPTEMBER30,2021 ThemainreasonforthehighamountsreflectedtodateforLicenses&PermitsandChargesisthe fourbigprojectscurrentlyunderway. $WWDFKPHQW% ATTACHMENTC NET FUND REVENUES EXPENDITURES CHANGE CableTV Budget 97,500124,980(27,480) Actual 49,03872,788(23,750) %ofBudget 50.3% 58.2% EDAGeneral Budget 103,400148,730(45,330) Actual 49,17939,6009,579 %ofBudget 47.6% 26.6% EDARevolving Budget Ͳ Ͳ Ͳ Actual Ͳ Ͳ Ͳ %ofBudget N/A N/A TIF3CottageVillas Budget 4,8001,8003,000 Actual 18,7711,08317,688 %ofBudget 391.1% 60.2% TIF4PresHomes Budget 303,140228,48074,660 Actual 187,935142,52345,412 %ofBudget 62.0% 62.4% TIF5TCAAP Budget Ͳ1,800(1,800) Actual Ͳ47(47) %ofBudget N/A 2.6% Equipment&Building Budget 351,900804,660(452,760) Actual 23,929295,692(271,763) %ofBudget 6.8% 36.7% Park Budget Ͳ Ͳ Ͳ Actual 312,9093,938308,971 %ofBudget N/A N/A PIR Budget 1,235,3901,990,000(754,610) Actual 1,185,0072,330,028(1,145,022) %ofBudget 95.9% 117.1% PublicSafetyCapitalEquipment Budget 135,000100,26034,740 Actual 88,9302,51386,417 %ofBudget 65.9% 2.5% TCAAP Budget Ͳ Ͳ Ͳ Actual Ͳ Ͳ Ͳ %ofBudget N/A N/A FranchiserevenuefortheCableTVfundarereceiptedquarterlyinthemonthfollowingtheendofthequarter. EDAGeneralFundͲtaxrevenuesarecollectedtwiceayear. TransfersintotheEquipment&Buildingfundarenormallycompletedduringthe4thquarter. TheParkFundrevenueincludesparkdedicationfees($93,642),treereplacementfees($90,240)and $125,000forthetrailagreementonParkshoreDrive(ArdenHillsSeniorLiving). CITYOFARDENHILLS OTHERGOVERNMENTALFUNDSBUDGETSUMMARY FORTHENINEMONTHSENDEDSEPTEMBER30,2021 Attachment C NET FUND REVENUES EXPENDITURES CHANGE Water Budget 2,425,4703,139,340(713,870) Actual 1,554,7171,206,394348,324 %ofBudget 64.1% 38.4% SanitarySewer Budget 2,066,6702,769,100(702,430) Actual 1,248,4741,304,641(56,167) %ofBudget 60.4% 47.1% Recycling Budget 180,830189,500(8,670) Actual 82,95795,865(12,908) %ofBudget 45.9% 50.6% SurfaceWaterManagement Budget 993,6201,417,600(423,980) Actual 450,453326,520123,934 %ofBudget 45.3% 23.0% RiskManagement Budget 146,700164,000(17,300) Actual 158,198163,831(5,633) %ofBudget 107.8% 99.9% Engineering Budget 20,67020,670 Ͳ Actual 50,51050,510 Ͳ %ofBudget 244.4% 244.4% CentralGarage Budget 244,980244,980 Ͳ Actual 98,25698,256 Ͳ %ofBudget 40.1% 40.1% Technology Budget 217,630216,920710 Actual 125,560125,818(257) %ofBudget 57.7% 58.0% Utilityrevenuesarereceiptedquarterlyinthemonthfollowingtheendofthequarter. 1sthalfrecyclingrevenueisbookedinJulywiththepropertytaxreceiptsandthe2ndhalfisbooked inDecember. Engineeringcostsarerunninghighbutthatisoffsetwiththevacancyinthedepartment. CITYOFARDENHILLS ENTERPRISEANDINTERNALSERVICESFUNDSBUDGETSUMMARY FORTHENINEMONTHSENDEDSEPTEMBER30,2021 Percent Receivedor Expended Actual Actual VarianceͲ Basedon Annual Thru Thru Favorable ActualsThru Budget 09/30/20 09/30/21 (Unfavorable) 09/30/21 REVENUES Usercharges 2,348,000$971,676$1,243,040$271,364$127.9 % Connectioncharges 13,75016,805304,274287,4691810.6 Other 56,72031,2769,139(22,137)29.2 Interestearnings 7,00031,526(1,736)(33,262) Ͳ5.5 TOTALREVENUES 2,425,4701,051,2831,554,717503,434147.9 EXPENSES Personnelexpenses 385,190245,445241,6563,78998.5 Suppliesandmaterials 59,50019,98024,079(4,100)120.5 Otherservicesandcharges 318,460212,079157,00655,07374.0 Waterpurchases 1,050,000413,423525,850(112,427)127.2 Depreciation 318,040 Ͳ Ͳ ͲN/A Capitalexpenses 660,00046,1619,65336,50920.9 Debtservice 248,150250,250248,1502,10099.2 TOTALEXPENSES 3,039,3401,187,3381,206,394(19,056)101.6 BondProceeds Ͳ Ͳ Ͳ ͲN/A Transfersout 100,000 Ͳ Ͳ ͲN/A EXCESS(DEFICIT)REVENUESOVEREXPENSES (713,870)$(136,054)$348,324$484,378$ Ͳ256.0 % WATERFUND CITYOFARDENHILLS,MINNESOTA STATEMENTOFREVENUESANDEXPENSES BUDGETANDACTUAL FORTHENINEMONTHSENDEDSEPTEMBER30,2021 Q1 Q2 Q3 Q4 2019 825.53 480,247.98 1,050,391.99 2,234,866.86 2020 Ͳ 445,511.54 971,676.06 2,268,875.28 2021 Ͳ 490,227.97 1,243,040.31 $Ͳ $0.50 $1.00 $1.50 $2.00 $2.50 MillionsWater SalesComparison Percent Receivedor Expended Actual Actual VarianceͲ Basedon Annual Thru Thru Favorable ActualsThru Budget 09/30/20 09/30/21 (Unfavorable) 09/30/21 REVENUES Usercharges 2,046,350$910,516$1,050,882$140,366$115.4 % Connectioncharges 8,25010,755192,464181,7091789.5 Other 8,9702,8025,8453,043208.6 Interestearnings 3,10014,624(717)(15,341) Ͳ4.9 TOTALREVENUES 2,066,670938,6971,248,474309,776133.0 EXPENSES Personnelexpenses 455,670287,872290,793(2,921)101.0 Suppliesandmaterials 16,5008,8539,769(916)110.3 Otherservicesandcharges 308,660164,838206,425(41,588)125.2 Wastewatercharges 847,160673,554705,966(32,412)104.8 Depreciation 189,460 Ͳ Ͳ ͲN/A Capitalexpenses 785,0008,52151,038(42,517)599.0 Debtservice 40,65036,75040,650(3,900)110.6 TOTALEXPENSES 2,643,1001,180,3861,304,641(124,254)110.5 BondProceeds Ͳ Ͳ Ͳ ͲN/A Transfersout 126,000 Ͳ Ͳ ͲN/A EXCESS(DEFICIT)REVENUESOVEREXPENSES (702,430)$(241,689)$(56,167)$185,522$23.2 % CITYOFARDENHILLS,MINNESOTA STATEMENTOFREVENUESANDEXPENSES BUDGETANDACTUAL FORTHENINEMONTHSENDEDSEPTEMBER30,2021 SEWERFUND Q1 Q2 Q3 Q4 2019 1,324.73 466,397.81 947,285.11 1,886,338.25 2020 533.31 466,578.34 910,516.36 1,864,971.38 2021 171.53 518,240.72 1,050,881.97 $Ͳ $0.20 $0.40 $0.60 $0.80 $1.00 $1.20 $1.40 $1.60 $1.80 $2.00 MillionsSewerSalesComparison Percent Receivedor Expended Actual Actual VarianceͲ Basedon Annual Thru Thru Favorable ActualsThru Budget 09/30/20 09/30/21 (Unfavorable) 09/30/21 REVENUES Usercharges 902,220$437,095$450,429$13,334$103.1 % Other 90,0004321(22)49.7 Interestearnings 1,4007,1063(7,103)0.0 TOTALREVENUES 993,620444,244450,4536,210101.4 EXPENSES Personnelexpenses 269,580173,055166,6956,36096.3 Suppliesandmaterials 9,3005,1592,5562,60349.5 Otherservicesandcharges 210,420106,182153,397(47,215)144.5 Depreciation 107,300 Ͳ Ͳ ͲN/A Capitalexpenses 747,0008803,872(2,992)440.0 TOTALEXPENSES 1,343,600285,275326,520(41,245)114.5 Transfersout 74,000 Ͳ Ͳ ͲN/A EXCESS(DEFICIT)REVENUESOVEREXPENSES (423,980)$158,969$123,934$(35,035)$78.0 % CITYOFARDENHILLS,MINNESOTA STATEMENTOFREVENUESANDEXPENSES BUDGETANDACTUAL FORTHENINEMONTHSENDEDSEPTEMBER30,2021 SURFACEWATERMANAGEMENTFUND Q1 Q2 Q3 Q4 2019 247.23 212,250.84 424,767.12 850,303.56 2020 Ͳ 218,659.60 437,094.74 876,148.29 2021 275.71 225,409.31 450,429.11 $Ͳ $100 $200 $300 $400 $500 $600 $700 $800 $900 $1,000 ThousandsSurfaceWater FeesComparison AttachmentD 09/30/20 09/30/21 BuildingPermitIssued 305302 BuildingPermitFees 146,504359,866 BuildingPlanReviewFees 58,805204,021 TOTALBUILDINGFEES 205,309563,887 ValuationsofProjects 23,000,65592,949,104 HVACPermitsIssued 170210 HVACPermitFees 65,079125,707 HVACPlanReviewFees 903 Ͳ TOTALHVACFEES 65,982125,707 ValuationofProjects 4,532,7119,222,320 PlumbingPermitsIssued 101128 PlumbingPermitFees 10,26134,471 PlumbingPlanReviewFees Ͳ Ͳ TOTALPLUMBINGFEES 10,26134,471 ValuationofProjects 556,6732,431,262 PERMITSISSUED 576640 PERMITFEES 281,551724,064 TOTALVALUATIONOFPROJECTS 28,090,039104,602,686 FORTHENINEMONTHSENDED PERMITDATAFORBUILDING,HVACANDPLUMBING CITYOFARDENHILLS,MINNESOTA FROMPERMITWORKSSOFTWARE Attachment D Page 1 of 2 CONSENT ITEM – 7L MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Resolution 2021-059 Findings of Fact and Decision Regarding Application of Launch Properties for a Preliminary Plat, Final Plat, Master Planned Unit Development and Site Plan Review at 3737 Lexington Avenue N and 1133 Grey Fox Road (Planning Case 21-019) Budgeted Amount: Actual Amount: Funding Source: $ $ Council Should Consider Motions to approve, table, or deny the following: • Motion to adopt Resolution 2021-059 for the Findings of Fact and Decision Regarding Application of Launch Properties for a Preliminary Plat, Final Plat, Master Planned Unit Development and Site Plan Review at 3737 Lexington Avenue N and 1133 Grey Fox Road in Planning Case 21-019. All items need a simple majority for action unless otherwise noted. Background/Discussion On October 11, 2021, the City Council considered the application of Launch Properties for a Preliminary Plat, Final Plat, Master Planned Unit Development and Site Plan Review at 3737 Lexington Avenue N and 1133 Grey Fox Road. The proposal was to redevelop the property for an Aldi supermarket accompanied by a two-tenant retail building for a proposed national dental group and bank. Significant flexibility was requested under the Master Planned Unit Development for general district provision requirements. The application for the proposed Preliminary Plat, Final Plat, Master Planned Unit Development, and Site Plan Review was denied by a 3-1 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 Options and Motion Language Staff has provided the following motion language for this case. 1. Approval: Motion to adopt Resolution 2021-059 for the Findings of Fact and Decision Regarding Application of Launch Properties for a Preliminary Plat, Final Plat, Master Planned Unit Development and Site Plan Review at 3737 Lexington Avenue N and 1133 Grey Fox Road in Planning Case 21-019. 2. Denial: Motion to deny Resolution 2021-059 for the Findings of Fact and Decision Regarding Application of Launch Properties for a Preliminary Plat, Final Plat, Master Planned Unit Development and Site Plan Review at 3737 Lexington Avenue N and 1133 Grey Fox Road in Planning Case 21-019: the City Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 3. Table: Motion to table Resolution 2021-059 for the Findings of Fact and Decision Regarding Application of Launch Properties for a Preliminary Plat, Final Plat, Master Planned Unit Development and Site Plan Review at 3737 Lexington Avenue N and 1133 Grey Fox Road in Planning Case 21-019. Budget Impact N/A Attachments A. Resolution 2021-059 B. Findings of Fact and Decision CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-059 RESOLUTION DENYING A PRELIMINARY PLAT, FINAL PLAT, MASTER PLANNED UNIT DEVELOPMENT AND SITE PLAN REVIEW FOR THE SUBJECT PROPERTY AT 3737 LEXINGTON AVENUE NORTH AND 1133 GREY FOX ROAD WHEREAS, City Staff received a land use application for a Preliminary Plat, Final Plat, Master Planned Unit Development, and Site Plan Review to redevelop the property for an Aldi supermarket accompanied by a two-tenant retail building for a national dental group and Bank of America and flexibility was requested under the Master Planned Unit Development for general district provision requirements in the B-3 District at 3737 Lexington Avenue North and 1133 Grey Fox Road (“Subject Property”); WHEREAS, the Subject Property is currently developed as a vacant industrial building with an associated parking lot; WHEREAS, per the City Code, the Planned Unit Development (PUD) District promotes the development of land in a unified manner by treating the entire development as a single entity and relaxing the strict application of standard zoning and subdivision requirements, in exchange for a project that better forwards the goals and purpose of the City’s Comprehensive Plan, and the purpose of the PUD process is to achieve a higher quality, better project than would otherwise be possible if the strict application of the zoning and subdivision requirements were met WHEREAS, a Planned Unit Development proposal shall identify any requested modifications from the applicable zoning requirements as well as the reasons why the modifications would be in the public interest and would be consistent with the purpose of the underlying B-3 District. Modifications to these requirements may be granted by the City without a variance through the Planned Unit Development process; WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 1000 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that does require a public hearing; WHEREAS, the City’s obligation has been met where the Arden Hills Planning Commission duly held a hearing on September 8th, 2021. All persons present at said meeting were given an opportunity to be heard and present written statements; 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. WHEREAS the Planning Commission considered the recommendation of the City Staff that this request be approved and, as such voted 5-0 in favor of the request; WHEREAS the City Council considered the recommendation of the Planning Commission on October 11th, 2021 and determined that the Preliminary Plat, Final Plat, Master Planned Unit Development, and Site plan Review 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 2021-059 denying Planning Case 21-019 for a Preliminary Plat, Final Plat, Master Planned Unit Development, and Site Plan Review request at the Subject Property 3737 Lexington Avenue North and 1133 Grey Fox Road to redevelop the property for an Aldi supermarket accompanied by a two-tenant retail building for a national dental group and Bank of America. BE IT FURTHER RESOLVED that City Council denies Planning Case 21-019 for a Preliminary Plat, Final Plat, Master Planned Unit Development, and Site Plan Review request at the Subject Property 3737 Lexington Avenue North and 1133 Grey Fox Road, based on the findings of fact and the submitted plans in the October 11, 2021 Report to the City Council: 1. The subject property located at 3737 Lexington Avenue North and 1133 Grey Fox Road is currently zoned B-3. The applicant's proposal meets the B-3 zoning requirements. 2. The Arden Hills 2040 Comprehensive Plan designates the future land use of the subject property as commercial use. 3. The applicant's proposal seeks flexibility under the Master Planned Unit Development for general district provision requirements. 4. The properties include a lot reconfiguration that would adjust the existing lot line to the east. The site currently contains a vacant industrial building and associated parking lot. The applicant proposes to plat the properties to adjust the lot lines, demolish the existing building and redevelop the site. 5. The redevelopment of the site will consist of two buildings that function under shared parking, access, maintenance and other items. 6. In B-3 zoning districts, proposal for new construction, redevelopment of a site, and significant modification to existing sites shall use the Planned Unit Development process. 7. The applicant proposes a significant number of deviations from city development standards as outlined in the staff report and discussed in full by the City Council. 8. Many if not most of the deviations or requests for flexibility, including notable the yard setbacks, landscaping, and building positioning, are due to the number and size of the proposed buildings. 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. 9. The application proposes no offsetting enhancements or benefits to the City or neighboring properties in exchange for the flexibility sought. 10. Elimination of the proposed multi-tenant building on the east portion of the site would also eliminate most if not all requests for flexibility or deviations from adopted standards. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25th DAY OF OCTOBER, 2021. __________________________________ Mayor Attest: ______________________________ City Clerk 218523v2 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA IN RE: APPLICATION OF LAUNCH PROPERTIES, LLC FOR PRELIMINARY AND FINAL PLAT APPROVAL, MASTER PLANNED UNIT DEVELOPMENT AGREEMENT, AND SITE PLAN AGREEMENT FOR PROPERTY AT 3737 LEXINGTON AVENUE NORTH AND 1133 GREY FOX ROAD, ARDEN HILLS, MINNESOTA (PLANNING CASE 21-019) FINDINGS OF FACT AND DECISION On October 11, 2021, the Arden Hills City Council met to consider the application of Launch Properties, LLC for Preliminary and Final Plat, Master Planned Unit Development Agreement, and Site Plan to redevelop two properties located at 3737 Lexington Avenue North and 1133 Grey Fox Road. The application is intended to authorize the redevelopment of the property for an Aldi supermarket accompanied by a two-tenant retail building for a national dental group and Bank of America, as detailed in the project narrative and staff reports to the Planning Commission and City Council. 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 and the community, now makes the following: FINDINGS OF FACT 1. The subject property located at 3737 Lexington Avenue North and 1133 Grey Fox Road is currently zoned B-3. The applicant's proposal meets the B-3 zoning requirements. 2. The Arden Hills 2040 Comprehensive Plan designates the future land use of the subject property as commercial use. 3. The applicant's proposal seeks flexibility under the Master Planned Unit Development for general district provision requirements. 4. The properties include a lot reconfiguration that would adjust the existing lot line to the east. The site currently contains a vacant industrial building and associated parking lot. The applicant proposes to plat the properties to adjust the lot lines, demolish the existing building and redevelop the site. $WWDFKPHQW% 218523v2 5. The redevelopment of the site will consist of two buildings that function under shared parking, access, maintenance and other items. 6. In B-3 zoning districts, proposal for new construction, redevelopment of a site, and significant modification to existing sites shall use the Planned Unit Development process. 7. The applicant proposes a significant number of deviations from city development standards as outlined in the staff report and discussed in full by the City Council. 8. Many if not most of the deviations or requests for flexibility, including notable the yard setbacks, landscaping, and building positioning, are due to the number and size of the proposed buildings. 9. The application proposes no offsetting enhancements or benefits to the City or neighboring properties in exchange for the flexibility sought. 10. Elimination of the proposed multi-tenant building on the east portion of the site would also eliminate most if not all requests for flexibility or deviations from adopted standards. 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 Preliminary and Final Plat, Master Planned Unit Development Agreement, and Site Plan, the City Council hereby denies Applicant’s 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 2 CONSENT ITEM – 7M MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Planning Case #21-020 – Bethel University Planned Unit Development Amendment Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Amended Planned Unit Development Agreement with Bethel University based on the City Council approval of Planning Case 21-020 on September 27, 2021. This item requires a simple majority. Background On September 27, 2021, the City Council approved a Planned Unit Development Amendment for Bethel University at 2 Pine Tree Drive and Outlot A for flexibility to sign dimensional standards in order to increase the allowable sign area for the multi-tenant freestanding sign within the 2 Pine Tree North Plat. The application was seeking flexibility under the PUD to allow sign standards as permitted under Sign District 4. This requires an Amendment to the Development Agreement between the City and the “Developer”. The City Attorney has prepared the Amended Agreement and the document has been reviewed and approved by the Applicant and staff (Attachment A). Options and Motion Language Staff has provided the following motion language for this case. Page 2 of 2 1. Approval: Motion to approve the Amended Planned Unit Development Agreement for Bethel University based on the City Council approval of Planning Case 21-020 on September 27, 2021. 2. Denial: Motion to deny the Amended Planned Unit Development Agreement for Bethel University based on the City Council approval of Planning Case 21-020 on September 27, 2021: the City Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 3. Table: Motion to table the Amended Planned Unit Development Agreement for Bethel University based on the City Council approval of Planning Case 21-020 on September 27, 2021. Budget Impact NA Attachments A. Amended Development Agreement 1 218455v1 (reserved for recording information) FIRST AMENDMENT TO DEVELOPMENT CONTRACT and PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) 2 PINE TREE NORTH (PC 21-020) THIS FIRST AMENDMENT TO DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT (“Amendment”) is dated ____________________, 2021, by and between the CITY OF ARDEN HILLS, a Minnesota municipal corporation ("City"), and BETHEL UNIVERSITY, a Minnesota nonprofit corporation (the “Owner" or "Developer"). RECITALS A. The City and Developer previously entered into a Development Contract and Planned Unit Development Agreement dated September 14, 2020 and recorded October 21, 2020 as Ramsey County Document No. A4839370 (“Development Contract/PUD”). B. The Developer owns property legally described as Outlot A, 2 Pine Tree North, Ramsey County, Minnesota (“Property”). C. The Developer has requested an amendment to the Development Contract/PUD to relocate an existing multi-tenant freestanding sign that is currently located on Lot 2, Block 1, 2 Pine Tree Drive to Outlot A, 2 Pine Tree Drive as depicted on the attached Exhibit "A". In addition, Developer has requested flexibility to allow the sign standards as permitted under Sign District 4. 2 218455v1 D. Pursuant to paragraph 33E of the Development Contract/PUD, all amendments to the Development Contract or Planned Unit Development shall be in writing, signed by the parties, and approved by written resolution of the City Council. E. The City Council has reviewed and approved the proposed application submitted by the Developer. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, the parties agree as follows: 1. The City hereby grants approval to the Developer’s request for an amendment to the Development Contract/PUD in seeking flexibility to allow sign standards as permitted under Sign District 4, conditioned upon the following:  A separate sign permit shall be required and multi-tenant signage must meet all requirements of City Code Chapter 12.  Prior to issuance of a sign permit, Developer shall submit its final sign plans to the City for review and final approval.  Prior to issuance of a sign permit, the Developer shall provide City Staff with a written statement from New Perspective Senior Living and the owner of Lot 1, Block 1, 2 Pine Tree Drive, of their intent to forego a single-tenant monument sign and agreeing to the placement and utilization of the on-premise multi-tenant sign under the Development Contract/PUD.  All signage shall meet the requirements of Sign District 4.  This Amendment shall limit Outlot A to only one freestanding sign, regardless of who owns or has an interest in the Outlot. 2. The City hereby approves the additional Development Contract/PUD amendments as outlined in the Recitals above. 3. Developer shall comply with all applicable conditions of the original Development Contract and Planned Unit Development recorded as Ramsey County Document No. A4839370. 4. Except as otherwise specifically amended herein, the Development Contract/PUD shall remain in full force and effect. This Amendment shall be binding on the parties, their heirs, successors and assigns and shall be recorded against the Property in the office of the Ramsey County Recorder as promptly as possible after it has been executed by the parties. 3 218455v1 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this _____ day of ____________, 2021. CITY: CITY OF ARDEN HILLS By: _____________________________________ David Grant, Mayor (SEAL) By: _____________________________________ David Perrault, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of _________________, 2021, by David Grant and David Perrault, respectively, the Mayor and City Administrator of the City of Arden Hills, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _________________________________________ Notary Public 4 218455v1 DEVELOPER: BETHEL UNIVERSITY By:______________________________________ Amy Blaz, Its VP of Finance/CFO STATE OF MINNESOTA ) ( ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2021, by Amy Blaz, the VP of Finance/CFO of Bethel University, a Minnesota nonprofit corporation, on its behalf. _________________________________________ Notary Public DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 5 218455v1 EXHIBIT “A” TO FIRST AMENDMENT TO DEVELOPMENT CONTRACT and PLANNED UNIT DEVELOPMENT AGREEMENT (PC 21-020) Insert depiction Page 1 of 2 CONSENT ITEM – 7N MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Approve Plans & Specifications Ramsey County Lexington Avenue Reconstruct Budgeted Amount: Actual Amount: Funding Source: $1,010,000 $1,010,000 PIR, State Bond, LRIP Grant, Assessments, Water Fund Council Should Consider Motions to approve, table, or deny the following: • Resolution 2021-060 Approving Plans and Specifications for the Ramsey County Lexington Avenue Reconstruct Project. All items need a simple majority for action unless otherwise noted. Background/Discussion On November 23, 2020, the City Council entered into a Cooperative and Maintenance Agreement for the Lexington Avenue Improvements with Ramsey County. The project consists of reconstructing Lexington Avenue between County Road E and Interstate Highway 694, including improvements to streets, sidewalks, traffic signals, water main, storm sewer and other infrastructure located within the project corridor. The project plans and specifications have been prepared by Ramsey County and the project is ready for solicitation of construction bids. Adoption of Resolution 2021-060 will approve the plans and specifications for the project. Bids would be received on November 2021, awarding the construction contract in December 2021 and construction starting in April 2022. The final Page 2 of 2 construction completion date is November 2022. Staff recommends adoption of Resolution 2021-060 as provided in Attachment A. The final plan set and specifications consist of 509 pages. Full copies of these documents are on file and available upon request. Budget Impact The total estimated cost of the project is $10,200,000. The City’s cost participation in the project includes an estimated amount of $228,220 for easement acquisition and $732,790 for construction and engineering, for a total amount of $961,010. Staff recommends that the city reserve a five percent contingency in funding estimates due to the complex nature of the project, for a total estimated project cost of $1,010,000. The proposed funding sources are summarized in the following table. PIR Fund (roadway and signal replacement)206,127$ Special Assessments (new Target Rd signal)196,000 State Bonding Funds (water main replacement)500,000 City Water Utility Fund 66,069 LRIP Grant Funds 41,804 Total Estimated Funding 1,010,000$ Attachments Attachment A: Resolution 2021-060 1 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. 2021-060 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS WHEREAS, Ramsey County has prepared plans and specification for the improvements of Lexington Avenue Reconstruction, City Project PW-18-0104; and WHEREAS, plans and specifications for the project have been presented to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: 1. Such plans and specifications for the Lexington Avenue Reconstruction, City Project PW-18-0104 are hereby approved. 2. Such improvements are hereby ordered to proceed to the construction phase. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25th DAY OF OCTOBER 2021. ________________________________ Mayor Attest: ______________________________ City Clerk Page 1 of 2 DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers David Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Karth Lake Runoff Control Project – Payment No. 1 and Change Orders No. 1, 2 & 3 Budgeted Amount: Actual Amount: Funding Sources: $180,000 $162,334.58 Surface Water Fund (50%) RCWD Grant (50%) Council Should Consider Motions to approve, table, or deny the following: • Change Orders No. 1, 2, & 3 for the Karth Lake Runoff Control Project in the amount of $8,841.45 • Payment No. 1 for the Karth Lake Runoff Control Project in the amount of $127,409.20 to Pember Companies, Inc. All items need a simple majority for action unless otherwise noted. Discussion On March 23, 2020, the City Council approved a grant agreement with the Rice Creek Watershed District for the Karth Lake Runoff Control project. The purpose of this project is to address excessive erosion near the south end of Karth Lake caused by runoff from adjacent land uses. The grant agreement provides 50% funding from RCWD for the project, up to a maximum amount of $90,000. On April 12, 2021 the City Council awarded the construction contract to Pember Companies, Inc. Since then Pember Companies has substantially completed the project. The new inlet structure, storm sewer pipe and graded swale along the slope has been constructed and the site has been fully restored. During construction there were 3 Change Orders for a total of $8,841.45, these change orders are summarized in Attachment B. CONSENT ITEM – 7O MEMORANDUM Page 2 of 2 The project is 100% complete with only a small punch list remaining which will be revisited in the Spring during final inspection. Five percent is being withheld from the work completed in accordance with the contract documents. Ulteig has provided a letter of recommendation to accept Change Orders 1, 2 & 3 (Attachment B) and Payment No. 1 in the amount of $127,409.20 (Attachment C). Staff also recommends Council approve Change Orders 1, 2 & 3 and Payment No. 1. Budget Impact A summary of the estimated project costs and funding sources is provided below, and includes funding from a grant agreement with RCWD for the proposed stormwater management improvements. Total Project Costs Original Construction Contract $ 125,273.50 Change Order No. 1 $ 5,506.20 Change Order No. 2 $ 505.00 Change Order No. 3 $ 2,830.25 Engineering Services $ 19,834.00 (Includes Construction Admin.) Materials Testing $ 7,585.00 Misc. (Legal, Ads) $ 800.63 TOTAL $ 162,334.58 Total Estimated Funding RCWD (50% match) $ 81,167.29 Surface Water Mgmt Fund $ 81,167.29 TOTAL $ 162,334.58 . Attachments Attachment A: Ulteig Letter of Recommendation Attachment B: Change Orders Summary Attachment C: Pay Request No. 1 4285 Lexington Avenue North • St. Paul, MN 55126 • P: 651-415-3800 • www.ulteig.com October 20, 2021 Mr. David Swearingen, P.E. City of Arden Hills 1245 W Highway 96 Arden Hills, MN 55112 Re: Pay Application No. 1 and Change Orders No. 1-3 2020 Karth Lake Runoff Control City of Arden Hills, MN City Project PW-20-0111 Mr. Swearingen: We recommend approval of Pay Application No. 1 and payment to Pember Companies, Inc. We are also recommending the approval of Change Orders 1-3 that are included in Pay Application No. 1. Please request approval from the Mayor and Council at the October 25, 2021 Council Meeting. If approved, please sign the Pay Application, and return a copy to me. I will forward on the approved Pay Application to Pember Companies, Inc. for their records. Please let me know if you have any questions. Sincerely, Rachel Heinzen, PE Engineer 4285 Lexington Ave. N. • St. Paul, MN 55126 Direct: (763) 259-7800 • Mobile: (763)742-4604 100% Employee Owned | ulteig.com Karth Lake Runoff Control Change Order and Unit Price Modifications Summary Change Order No. 1 – Additional Existing Manhole Cost: $5506.20 Summary: Before construction began, a previously buried manhole was discovered after a rain event. Due to this manhole, the storm sewer design was modified. The cost for the work was determined via unit prices summarized in the table below. Item Unit Qty Unit Price Cost Salvage 18" CPP LF 33 $ 33.15 $ 1,093.95 48" Storm Manhole EA 1 $ 2,725.00 $ 2,725.00 Install Salvaged 18" CPP LF 33 $ 38.25 $ 1,262.25 Remove Catch Basin EA 1 $ 425.00 $ 425.00 Total $ 5,506.20 Change Order No. 2 – Built in Frame Casting Cost: $505.00 Summary: A metal frame was constructed for the inlet structure located at the top of the hill to allow the high flow castings to sit securely in the manhole, while still allowing the removal of the castings if the interior of the structure ever needed to be accessed. Cost was determined via material cost. Change Order No. 3 - Changes to Unit Price Items Cost: $2,830.25 Remove Bituminous Pavement – Additional 27 SY – limits of the removal at the top of the hill extended to allow improved forming of new concrete and promote drainage. Aggregate Base – Additional 30 CY – with expanded paving limits, additional aggregate base required. 36”x22” Arch RC Storm Pipe – Additional 6 LF – an unexpected fiber line encountered during construction conflicted with planned manhole location. Manhole shifted, requiring additional pipe. Random Rip Rap Class III – Additional 12 CY – additional riprap placed at top of hill to protect hillside from erosion in 5-year storm event. Erosion Control Blanket – Additional 25 SY – additional erosion control blanket placed to ensure proper establishment of new seeding. Menomonie, WI 54751-5436N4449 469th StreetPEMBER COMPANIES, INC.PEMBER COMPANIES, INC.REQUEST FOR PAYMENT10/20/2021Invoice date: Period ending date:12611To:From:10/20/20211245 Hwy. 96 W.Arden Hills, MN 55112Invoice:City of Arden HillsProject: 21-0275-01 ARDEN HILLS, MN - KARTH LAKEREQUEST FOR PAYMENT:$6,705.75$0.00$6,705.75$134,114.95$134,114.95$8,841.45$125,273.50Less Previous Requests:Remaining Contract to Bill:Original Contract Amount:Net Change Orders:Revised Contract Amount:Contract Completed to Date:Date: ________________________________________By: __________________________________________My commission expires:Notary PublicSubscribed and sworn to before me this ______ day of _____________,__________CONTRACTOR:I hereby certify that the work performed and the materials supplied to date, as shown on the above represent the actual value of the accomplishment under the terms of theContract (and all authorized changes thereof) between the undersigned and the City of Arden Hills relating to the above referenced project. I also certify that the contractor haspaid all amounts previously billed and paid by the owner.Current Request for Payment:$127,409.20State Of WisconsinCounty Of DunnRetainage:PAYMENT RECOMMENDED:PAYMENT APPROVED :Engineer SignaturePrinted Name and TitleDate:Owner SignatureDate:Printed Name and TitleOctober 20, 2021 Detail Page 2 of 4 PagesInvoice:AmountAmountCONTRACTEDUnit ofMeasureBidQuantityUnit PriceAmountCURRENTTOTAL TO DATEQuantity Quantity Units toFinishDescriptionItemIDREQUEST FOR PAYMENT DETAILProject: 21-0275-01 / ARDEN HILLS, MN - KARTH LAKE12611Period Ending Date:10/20/202110MOBILIZATION12,800.0012,800.001.00LS12,800.001.001.0012,800.0020CLEARING & GRUBBING7,000.007,000.001.00LS7,000.001.001.007,000.0030TOPSOIL STRIPPING1,000.001,000.001.00LS1,000.001.001.001,000.0040REMOVE BITUMINOUS PAVEMENT340.00610.00 -27.0061.00SY10.0034.0061.00610.0050REMOVE CONCRETE STRUCTURE1,500.001,500.001.00LS1,500.001.001.001,500.0060REMOVE GROUTED RIPRAP1,500.001,500.001.00LS1,500.001.001.001,500.0070REMOVE 18" CPP STORM SEWER850.00850.001.00LS850.001.001.00850.0080COMMON EXCAVATION (CV)3,500.003,500.00100.00CY35.00100.00100.003,500.0090AGGREGATE BASE (CV) CLASS 5800.003,200.00 -30.0040.00CY80.0010.0040.003,200.00100CONCRETE INLET STRUCTURE28,500.0028,500.001.00EA28,500.001.001.0028,500.0011024" RC STORM SEWER PIPE12,750.0012,750.00170.00LF75.00170.00170.0012,750.0012036" X 22" ARCH RC STORM PIPE8,450.009,464.00 -6.0056.00LF169.0050.0056.009,464.0013036" X 22" ARCH RC PIPE APRON1,650.001.00EA1,650.001.00140STORM MANHOLE 60"3,800.003,800.004.00VF950.004.004.003,800.00150STORM MANHOLE 84"7,600.007,600.008.00VF950.008.008.007,600.00160CONNECT TO STORM SEWER700.00700.001.00EA700.001.001.00700.00170PIPE BEDDING MATERIAL800.0010.00CY80.0010.00180SAFETY GRADE FOR RC APRON1,600.001,600.001.00EA1,600.001.001.001,600.00190RANDOM RIP RAP CLASS III11,700.0013,260.00 -12.00102.00CY130.0090.00102.0013,260.00200TYPE III BARRICADE 6' WIDE600.00600.002.00EA300.002.002.00600.00210TURF REINFORCEMENT MAT9,344.009,344.00640.00SY14.60640.00640.009,344.00220FILTER LOG TYPE STRAW BIOROLL300.00300.00100.00LF3.00100.00100.00300.00230TURF ESTABLISHMENT7,000.007,000.001.00LS7,000.001.001.007,000.00240EROSION CONTROL BLANKET739.50775.75 -25.00535.00SY1.45510.00535.00775.75250SILT FENCE TYPE HI450.00450.00100.00LF4.50100.00100.00450.009000MOBILIZATION0.001.00LS 1.009010SUPERINTENDENT0.001.00LS 1.009020WARRANTY COSTS0.001.00LS 1.009910CHANGE ORDERS0.009920CHANGE ORDERS6,011.206,011.201.006,011.201.001.006,011.209930CHANGE ORERS2,830.251.002,830.251.00 Page 1 DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Authorize City Hall Cleaning Services Agreement Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Authorize the City Administrator to enter into an updated agreement for City Hall cleaning services with Twin Cities Commercial Cleaners All items need a simple majority for action unless otherwise noted. Discussion The City’s current provider of cleaning services has gone through a reorganization and is requesting we sign an updated agreement. The rate of $20.90 / hour will not change, and we are guaranteed that rate for an additional two years. The staff that currently services City Hall will also not change. Budget Impact This does not have a budget impact as the cost remains the same, we are solely entering into an updated agreement. Attachment Attachment A: Twin City Commercial Cleaners Flyer CONSENT ITEM – 7P MEMORANDUM 763-370-9453 | michael.johnshoy@gmail.com 13413 44th Circle NE, St Michael, MN 55376 tccommercialcleaners.com Commercial cleaning services are often inaccurately delivered. But this is where Twin Cities Commercial Cleaners shines. Our meticulous commitment to following through on your exact needs ensures that you get the on-site results that matter to you. No matter your business, Twin Cities Commercial Cleaners can make your space sparkle through the following services: • Comprehensive Commercial Cleaning • Janitorial Services • Carpet/Floor Cleaning • Tile/Grout Cleaning • Green and Specialty Cleaning • Special Projects Ready to make your space shine? Call 763-370-9453 or email us at to learn more Finally, a Commercial Cleaning Service that Follows Through TCCC provides excellent service. Our cleaning needs are always taken care of, and they regularly exceed our expectations!” – Lizabeth H., Director of Human Resources, Sons of Norway “ Attachment A Page 1 DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Appointment of Grace Arel to the Communications Coordinator Position Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Appointment of Grace Arel to the position of Communications Coordinator at Grade 10 Step 2 on the City’s pay scale, and at Year Zero on the PTO scale (pro-rated reflecting part-time hours). All items need a simple majority for action unless otherwise noted. Discussion Grace Arel is the finalist for the Communications Coordinator position. The City received eight applications, and following interviews it was determined Grace was the top choice. Grace graduated from Bethel University with a degree in Communications, and most recently works with a local art gallery as their director. She also has experience with digital marketing, creating and editing publications and social media management. Budget Impact This position is a previously budgeted position and will not adversely affect the 2021 budget. Attachment N/A CONSENT ITEM – 7Q MEMORANDUM Page 1 of 3 PUBLIC HEARING – 9A MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Planning Case #21-024 – Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendment – Chapter 13 – Section 1320.06 and 1325.05 Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider • Hold the required public hearing for Planning Case 21-024, an application for an amendment to the language in Section 1320.06 and 1325.05 of the Arden Hills City Code to amend and strike language in the B-2, General Business District and B-3, Service Business District regarding design standards for building façade and setback requirements relative to front yard and parking areas. The City Council will be asked to make a formal decision regarding the application under Agenda Item 10A. Background Starting in 2018, the City Council began discussions on possible amendments with regards to the design standards and placement of buildings for the B-2 Zoning District. The B-2 District generally includes the properties along the County Road E corridor between Highway 51 and Lexington Avenue North. The district is a mix of new and older buildings and primarily retail, service, and office uses. For new development in this district, the Zoning Code identifies design standards that regulate placement of the building and parking areas. The City Council’s initial review involved discussions on the front yard setback in business districts and consideration for amending the language from 20 feet to 50 feet to be consistent with the B-3 District. In addition, the Council reviewed removal of two parking setback requirements that would allow a Developer more flexibility in the placement of buildings and parking areas in the B-2 District. Page 2 of 3 From this initial work session, the City Council also identified additional concerns with building façade requirements. In 2019 and 2020, the City Council held two more work sessions whereby providing feedback and direction to staff on revisions for consideration in the B-2 District. The Council requested staff review the transparency requirements for commercial developments as well as the use of other types of coating on glass as a means of complying with ordinance requirements. At the work session meeting on December 21, 2020, the City Council discussed the Staff suggested amendments regarding front yard setback and removal of design standard language in order to allow more flexibility in placement of the buildings in B-2 District. The consensus was to remove a sentence within Commercial Façade Transparency, Section 1325.05, Subd. 8, F.1 that allowed discretion for waiving the transparency requirements. The rational was that this flexibility already exists through the Planned Unit Development review and a Developer could suggest alternate considerations. For façade transparency, the City will continue to require 50% of all first level building facades that front a public street to be comprised of transparent windows or doors. The language to be removed was a second requirement of 20% for all facades that are reasonably visible from the right-of-way. With the language amendments to the building and parking setbacks it is anticipated that there will be fewer issues on design challenges with building orientation and the back side of a building facing the public street. The proposed changes still ensures that the appearance of blank walls would not face the street. Following the discussion, Staff was directed to bring forward the proposed ordinance amendments to the Planning Commission and to hold a public hearing which was completed on October 6th. Discussion of Ordinance Amendments Staff has prepared draft ordinance language with amended and striking of language as shown in red font for your review (Attachments A and B). The following are the sections and language amendments proposed: • Amending – 1320.06 District Requirements Chart: o Front Yard Setback requirement from 20 feet to 50 feet • Amending - 1325.05 Design Standards, Subd. 8, F.1.A: o Fifty percent (50%) of all first level building façades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. Transparency requirement may be waived by the City where privacy concerns warrant. • Striking - 1325.05 Design Standards, Subd. 8, F.1. B: o Twenty percent (20%) of all other first level building facades that are reasonably visible from the public right of way shall be comprised of window or door openings. Simulated or opaque windows may be used on service areas. • Striking - 1325.05, Subd. 8, M. Parking (1) (2): o Placing parking between the street right-of-way and a building shall be discouraged. Page 3 of 3 o No more than 50 percent of the parking on a site may be between buildings or in the side yards. Staff notes that the proposed ordinance language from Section 1325.05, Subd. 8 applies to New Development, Redevelopment, and Modifications to Existing Sites in the B-2 and B-3 District. The City Council has identified that a further review of the B-3 District standards may be forthcoming. However, priority has been given to removal of outdated language and modifying language with an emphasis pertinent to the B-2 District. Public Notice and Comments A Zoning Code Amendment requires a public hearing. A public hearing notice for this planning case was published in the Pioneer Press on October 15, 2021. The City has not received any public comments regarding this case. Attachments A. Draft B-2 District Ordinance 2021-011 (Redlined) B. Planning Commission Memo C. Draft Planning Commission Minutes D. Presentation 218645v1 ORDINANCE NO. 2021-011 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1320 AND SECTION 1325 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 - Zoning Code, Section 1320 – District Provisions, subsection 1320.06 – District Requirements Chart, is hereby amended by deleting strikethrough language and adding the underlined language as follows: 1320.06 District Requirements Chart. Attachment A 218645v1 SECTION 2. Chapter 13 - Zoning Code, Section 1325 – General Regulations, subsection 1325.05 – Design Standards, is hereby amended by revising Subd. 8.F. and Subd. 8.M. by deleting strikethrough language and adding the underlined language as follows: 1325.05 Design Standards. Subd. 8 Additional Design Standards for New Development, Redevelopment, and Modifications to Existing Sites in the B2 and B3 Districts. (revised 04/27/15) Unless preempted by the standards in this section, all other zoning provisions shall apply: F. Window and Door Openings (revised 11/25/13) 1. Commercial Façade Transparency. a) Fifty percent (50%) of all first level building façades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. Transparency requirement may be waived by the City where privacy concerns warrant. (revised 11/30/15) b) Twenty percent (20%) of all other first level building facades that are reasonably visible from the public right of way shall be comprised of window or door openings. Simulated or opaque windows may be used on service areas. (revised 11/30/15) cb) If the building is a one story design and the first floor elevation exceeds twelve (12) feet, then only the first twelve (12) feet shall be included in calculating the façade area. (revised 11/30/15) dc) The City may consider a proportional reduction in the transparent window and door requirement on the public street façade if additional transparent glass is used on the remaining sides. (revised 11/30/15) M. Parking. 1. Placing parking between the street right-of-way and a building shall be discouraged. 2. No more than fifty percent (50%) of the parking on a site may be between buildings or in the side yards. 31. Sufficient parking shall be provided to accommodate the reasonable hourly peak on a given site. Shared parking is encouraged to reduce land devoted to parking. Hourly variations among different types of land use may be considered when estimated parking demands. 42. Plantings shall be used to soften and shade parking lots and parking structures. Parking adjacent to streets should be screened from view with landscaping, including but not limited to trees, hedges, flowers and other bushes and/or decorative masonry walls. Berms shall be discouraged. (revised 11/25/13) 53. Parking lot islands shall be used to distribute large parking lots into separate areas. Parking lot islands shall be planted with trees or include infiltration basins and plantings. Entry drives shall be defined by trees and shrubs. (revised 11/25/13) 64. A concrete curb shall be provided around the periphery of all parking lots and access roads, except where the City Engineer determines that a curb would impede drainage. 218645v1 75. Parking structures that are visible from off the site shall display an integration of building materials, form, and colors with the principal building. No signs other than directional signs shall be permitted on parking ramp facades. (revised 11/25/13) 86. Parking structures that are visible from off the site shall display an integration of building materials building form, textures, architectural motif, and building colors with the principal building. No signs other than directional signs shall be permitted on parking ramp facades. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. PASSED and ADOPTED this 25th day of October, 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 Page 1 of 3 PC Agenda Item - 3C MEMORANDUM DATE: October 6, 2021 TO: Planning Commission Chair and Commissioners FROM: Jessica Jagoe, Senior Planner SUBJECT: Planning Case #21-024 – Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendment – Chapter 13 – Sections 1320.06 and 1325.05 Requested Action The City of Arden Hills is proposing an ordinance amendment in the Zoning Ordinance that will amend and strike language in the B-2, General Business District and B-3, Service Business District regarding design standards for building façade and setback requirements relative to front yard and parking areas. Background Starting in 2018, the City Council began discussions on possible amendments with regards to the design standards and placement of buildings for the B-2 Zoning District. The B-2 District generally includes the properties along the County Road E corridor between Highway 51 and Lexington Avenue North. The district is a mix of new and older buildings and primarily retail, service, and office uses. For new development in this district, the Zoning Code identifies design standards that regulate placement of the building and parking areas. The City Council’s initial review involved discussions on the front yard setback in business districts and consideration for amending the language from 20 feet to 50 feet to be consistent with the B-3 District . In addition, the Council reviewed removal of two parking setback requirements that would allow a Developer more flexibility in the placement of buildings and parking areas in the B-2 District. From this initial work session, the City Council also identified additional concerns with building façade requirements. In 2019 and 2020, the City Council held two more work sessions whereby providing feedback and direction to staff on revisions for consideration in the B-2 District . The Council requested staff review the transparency requirements for commercial developments as well as the use of other types of coating on glass as a means of complying with ordinance requirements. At the work session meeting on December 21, 2020, the City Council discussed the Staff suggested amendments regarding front yard setback and removal of design standard language in order to allow more flexibility in placement of the buildings in B-2 District. The consensus was Page 2 of 3 to remove a sentence within Commercial Façade Transparency, Section 1325.05, Subd. 8, F.1 that allowed discretion for waiving the transparency requirements. The rational was that this flexibility already exists through the Planned Unit Development review and a Developer could suggest alternate considerations. For façade transparency, the City will continue to require 50% of all first level building facades that front a public street to be comprised of transparent windows or doors. The language to be removed was a second requirement of 20% for all facades that are reasonably visible from the right-of-way. With the language amendments to the building and parking setbacks it is anticipated that there will be fewer issues on design challenges with building orientation and the back side of a building facing the public street. The proposed changes still ensures that the appearance of blank walls would not face the street. Following the discussion, Staff was directed to bring forward the proposed ordinance amendments to the Planning Commission and to hold a public hearing. Overview of Ordinance Amendments Staff has prepared draft ordinance language with amended and striking of language as shown in red font for your review (Attachments A and B). The following are the sections and language amendments proposed: • Amending – 1320.06 District Requirements Chart: o Front Yard Setback requirement from 20 feet to 50 feet • Amending - 1325.05 Design Standards, Subd. 8, F.1.A: o Fifty percent (50%) of all first level building façades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. Transparency requirement may be waived by the City where privacy concerns warrant. • Striking - 1325.05 Design Standards, Subd. 8, F.1. B: o Twenty percent (20%) of all other first level building facades that are reasonably visible from the public right of way shall be comprised of window or door openings. Simulated or opaque windows may be used on service areas. • Striking - 1325.05, Subd. 8, M. Parking (1) (2): o Placing parking between the street right-of-way and a building shall be discouraged. o No more than 50 percent of the parking on a site may be between buildings or in the side yards. The Planning Commission should note t hat the proposed ordinance language from Section 1325.05, Subd. 8 applies to New Development, Redevelopment, and Modifications to Existing Sites in the B-2 and B-3 District. The City Council has identified that a further review of the B-3 District standards may be forthcoming. However, priority has been given to removal of outdated language and modifying language with an emphasis pertinent to the B-2 District. Lastly, an ordinance amendment to the Zoning Code does require a public hearing before the Planning Commission. Additional Review N/A Page 3 of 3 Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. The City of Arden Hills is proposing to amend ordinance language for the design standards in the B-2, General Business Zoning District and B-3, Service Business District . 2. The City of Arden Hills is proposing a front yard setback of 50 feet in the B-2, General Business Zoning District. 3. The proposed ordinance will include amendments to the language of Chapter 13 – Zoning Code of the City Code. 4. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Options and Motion Language Staff has provided the following options and motion language for this case. • Recommend Approval: Motion to recommend approval of Planning Case 21-024 as presented (or as modified by Planning Commission) for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to amend and strike ordinance language in the B-2, General Business District for the front yard setback as well as requirements to building façade and parking setback standards that includes the B-3, Service Business District as presented in the October 6, 2021 Report to the Planning Commission. • Recommend Denial: Motion to recommend denial of Planning Case 21-024 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to amend and strike ordinance language in the B-2, General Business District for the front yard setback as well as requirements to building façade and parking setback standards that includes the B-3, Service Business District: findings to deny should specifically reference the reasons for denial. • Table: Motion to table Planning Case 21-024 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to amend and strike ordinance language in the B-2, General Business District for the front yard setback as well as requirements to building façade and parking setback standards that includes the B-3, Service Business District: the Planning Commission should identify a specific reason and/or information request should be included with a motion to table. Public Notices A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on September 24, 2021. The City has not received any public comments regarding this case. Attachments A. Draft District Provisions Table B. Draft Ordinance Language ARDEN HILLS PLANNING COMMISSION – October 6, 2021 5 Chair Vijums stated he did believe this property sale was in compliance with the City’s Comprehensive Plan, which was the request before the Planning Commission. Commissioner Zimmerman moved and Commissioner Subramanian seconded a motion to recommend approval of Planning Case 21-023 recommending that a potential sale of City owned property at 3588 Ridgewood Road would be in compliance with the City’s Comprehensive Plan as presented in the September 8, 2021 and October 6, 2021 Reports to the Planning Commission. A roll call vote was taken. The motion carried unanimously (5- 0). C. Planning Case 21-024; City of Arden Hills – Zoning Code Amendment to Sections 1320.06, District Requirements Chart and 1325.05, Design Standards for Revisions to the B-2, General Business District and B-3, Service Business District – Public Hearing Senior Planner Jagoe stated starting in 2018, the City Council began discussions on possible amendments with regards to the design standards and placement of buildings for the B-2 Zoning District. The B-2 District generally includes the properties along the County Road E corridor between Highway 51 and Lexington Avenue North. The district is a mix of new and older buildings and primarily retail, service, and office uses. For new development in this district, the Zoning Code identifies design standards that regulate placement of the building and parking areas. The City Council’s initial review involved discussions on the front yard setback in business districts and consideration for amending the language from 20 feet to 50 feet to be consistent with the B-3 District. In addition, the Council reviewed removal of two parking setback requirements that would allow a Developer more flexibility in the placement of buildings and parking areas in the B-2 District. Senior Planner Jagoe commented from this initial work session, the City Council also identified additional concerns with building façade requirements. In 2019 and 2020, the City Council held two more work sessions whereby providing feedback and direction to staff on revisions for consideration in the B-2 District. The Council requested staff review the transparency requirements for commercial developments as well as the use of other types of coating on glass as a means of complying with ordinance requirements. Senior Planner Jagoe reported at the work session meeting on December 21, 2020, the City Council discussed the Staff suggested amendments regarding front yard setback and removal of design standard language in order to allow more flexibility in placement of the buildings in B-2 District. The consensus was to remove a sentence within Commercial Façade Transparency, Section 1325.05, Subd. 8, F.1 that allowed discretion for waiving the transparency requirements. The rational was that this flexibility already exists through the Planned Unit Development review and a Developer could suggest alternate considerations. For façade transparency, the City will continue to require 50% of all first level building facades that front a public street to be comprised of transparent windows or doors. The language to be removed was a second requirement of 20% for all facades that are reasonably visible from the right-of-way. With the language amendments to the building and parking setbacks it is anticipated that there will be fewer issues on design challenges with building orientation and the back side of a building facing the public street. The proposed changes still ensures that the appearance of blank walls would not Draft ARDEN HILLS PLANNING COMMISSION – October 6, 2021 6 face the street. Following the discussion, Staff was directed to bring forward the proposed ordinance amendments to the Planning Commission and to hold a public hearing. Senior Planner Jagoe reviewed the proposed Ordinance amendments and provided the Findings of Fact for review: 1. The City of Arden Hills is proposing to amend ordinance language for the design standards in the B-2, General Business Zoning District and B-3, Service Business District. 2. The City of Arden Hills is proposing a front yard setback of 50 feet in the B-2, General Business Zoning District. 3. The proposed ordinance will include amendments to the language of Chapter 13 – Zoning Code of the City Code. 4. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Senior Planner Jagoe stated staff recommends approval of Planning Case 21-024 as presented (or as modified by Planning Commission) for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to amend and strike ordinance language in the B-2, General Business District for the front yard setback as well as requirements to building façade and parking setback standards that includes the B-3, Service Business District as presented in the October 6, 2021 Report to the Planning Commission. Senior Planner Jagoe reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval 2. Recommend Denial 3. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Jefferys asked how the Goodwill and Walgreens would look if these requirements had been in place when these buildings were constructed. Senior Planner Jagoe discussed how the front yard setback would change and noted how the building placement would have been impacted. Commissioner Weber stated he believed these were all good changes. Chair Vijums questioned if these changes were made based on other communities making changes, or because the City was making variances in these areas. Senior Planner Jagoe explained she could not answer specifically what was occurring in other communities. She anticipated this may have been part of the research, but noted the City Council held numerous workshops on this topic to address language changes for the B-2 zoning district. Chair Vijums opened the public hearing at 7:11 p.m. Draft ARDEN HILLS PLANNING COMMISSION – October 6, 2021 7 Chair Vijums invited anyone for or against the application to come forward and make comment. There being no additional comment Chair Vijums closed the public hearing at 7:12 p.m. Commissioner Zimmerman moved and Commissioner Subramanian seconded a motion to recommend approval of Planning Case 21-024 as presented for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to amend and strike ordinance language in the B-2, General Business District for the front yard setback as well as requirements to building façade and parking setback standards that includes the B-3, Service Business District as presented in the October 6, 2021 Report to the Planning Commission. A roll call vote was taken. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Scott provided the Commission with an update from the City Council. He reported the State of the City event has been postponed and noted a recorded event would be delivered at some time in the near future. He discussed the actions of the Council at its recent meeting noting both Planning Cases were approved. He commented on the construction that occurred along Lexington Avenue and noted a Chick-Fil-A was being built on the old Perkins site. He noted the newly renovated stadium at Bethel was recently completed. He reported the Council would be reviewing the City’s drive-thru requirements given the fact there has been an increase in the number of drive-thru businesses due to COVID. He stated the groundbreaking ceremony for the senior living facility along Pine Tree Drive would occur on Wednesday, October 13. He commented the litigation for TCAAP was now complete. B. Planning Commission Comments and Requests None. ADJOURN Commissioner Zimmerman moved, seconded by Commissioner Subramanian, to adjourn the October 6, 2021, Planning Commission Meeting at 7:22 p.m. A roll call vote was taken. The motion carried unanimously (5-0). Draft •Planning Case #21-024 –Public Hearing Required •Applicant: City of Arden Hills •Request: Zoning Code Amendment 1 Action to Consider City is proposing an ordinance amendment in the Zoning Ordinance that will amend and strike language in the B-2, General Business District and B-3, Service Business District regarding design standards for building façade and setback requirements relative to front yard and parking areas. 2 Amending –1320.06 District Requirements Chart: Front Yard Setback requirement from 20 feet to 50 feet Amending -1325.05 Design Standards, Subd. 8, F.1.A: Fifty percent (50%) of all first level building façades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. Transparency requirement may be waived by the City where privacy concerns warrant. Striking -1325.05 Design Standards, Subd. 8, F.1. B: Twenty percent (20%) of all other first level building facades that are reasonably visible from the public right of way shall be comprised of window or door openings.Simulated or opaque windows may be used on service areas. Striking -1325.05, Subd. 8, M. Parking (1) (2): Placing parking between the street right-of-way and a building shall be discouraged. No more than 50 percent of the parking on a site may be between buildings or in the side yards. Chapters and Sections 3 Background •B-2 District generally includes the properties along the County Road E corridor between Highway 51 and Lexington Avenue North. •The district is a mix of new and older buildings and primarily retail, service, and office uses. •2018 to 2020 -the City Council discussed design standards and placement of buildings for the B-2 Zoning District. •Review included: •Increased front yard setback from 20 feet to 50 feet. •Removal of two parking setback requirements to allow more flexibility in the placement of buildings and parking areas. •Building façade requirements for transparency on percentage required and use of spandrel glass. •City Council directed staff to prepare ordinance amendment for Planning Commission review. 4 •Section 1325.05, Subd. 8 applies to New Development, Redevelopment, and Modifications to Existing Sites in the B-2 and B-3 District. Further review of the B-3 District standards may be forthcoming. •Priority for removal of outdated language in the B-2 District: Allows more flexibility in placement of the buildings in B-2 District. Remove a sentence within façade transparency requirements since this flexibility exists through PUD process. Ordinance will continue to require 50% of all first level building facades that front a public street to be comprised of transparent windows or doors. Anticipated that there will be fewer issues on design challenges with building orientation and the back side of a building facing the public street. Proposed changes still ensure that the appearance of blank walls would not face the street. Summary 5 Public Notices - •Notice was published in the Pioneer Press on October 15, 2021. Notice was prepared in accordance with City policy. •No public comments received. 6 Planning Case 21-024 –B-2, General Business District Ordinance Amendment Questions? 7 Page 1 of 4 PUBLIC HEARING – 9B MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Planning Case #21-021 – Public Hearing Required Applicant: Jill and Greg Casmey Property Location: 3300 New Brighton Road and 1893 Beckman Avenue Request: Minor Subdivision Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider • Hold the required public hearing for Planning Case 21-021, an application for a Minor Subdivision between the properties located at 3300 New Brighton Road and 1893 Beckman Avenue. The minor subdivision would be a lot line adjustment along New Brighton Road to reconfigure the side yard between the two existing properties. The City Council will be asked to make a formal decision regarding the application under Agenda Item 10B. Background 1. Overview of Request The Minor Subdivision has been requested to allow for the alteration of the property line between the subject properties. Currently, the two properties have joint access to a driveway that crosses the shared property line. The Applicants are requesting the Minor Subdivision to alter the property line to include all of the shared driveway. This would involve adding 796 square feet (excluding ROW) of property to Subject Property A, owned by the Applicants. Page 2 of 4 Application Review 1. 1150.04 Division or Consolidation of Platted Lots of Record. In the case of an application to divide one or more lots platted into lots and blocks and designated in a subdivision plat on file and of record in the office of the recorder or registrar of titles for the county, into one or more separately described parcels, or an application for the consolidation of two or more such platted lots or parts thereof into one or more tracts, the City Council, upon review and after report of the planning commission, may approve the subdivision or consolidation, upon compliance with the following conditions: Subd. 1 Survey. The owner(s) of the platted lot(s) to be so divided or consolidated shall file with the zoning administrator a survey or registered land survey of the lot(s) to be divided or consolidated. The survey or registered land survey shall be prepared and certified by a Licensed Surveyor. Criteria met. Subd. 2 Relation to Zoning Ordinance. The parcels or tracts resulting from the division or consolidation, as depicted in the survey or registered land survey, shall not have an area, dimensions or setbacks which are less than the minimum requirements specified for the zoning district in which the parcels or tracts are located in the zoning ordinance. Criteria met. Subd. 3 Public Welfare. It is determined that the proposed division or consolidation will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. Criteria met. Subd. 4 Conformity. The proposed division or consolidation shall conform to such other requirements of this chapter, which the planning commission has specifically made such division or consolidation subject to at its first meeting at which the application for the division or consolidation is submitted. The City Council may add to or subtract from the requirements specified by the planning commission additional requirements of this chapter which it deems necessary for the protection of the health, safety, general welfare and convenience of the City and to secure the objectives of this chapter. Prior to the City Council's granting the owner(s) an exemption pursuant to this paragraph, the owner(s) shall comply with all the requirements of this chapter which the planning commission or City Council have specifically made the division or consolidation subject. Criteria met. Subd. 5 Such filing fee as has been established in a resolution adopted by the Council shall be paid the zoning administrator with every application for an exemption under this paragraph. Criteria met. 2. Zoning Code Review Lot Size and Dimensions – Meets Requirements The minimum lot area in the R-2 District is 11,000 square feet. The minimum lot width is 85 feet and the minimum depth is 120 feet. Subject Property A is 22,252 square feet (excluding ROW). Subject Property B is 22,500 square feet (excluding ROW). If the requested minor subdivision is Page 3 of 4 approved, Subject Property A would be 23,048 square feet, and Subject Property B would be 21,704 square feet. Both parcels would comply with the minimum lot area, width, and depth in the R-2 District. Structure Setbacks with Adjusted Lot Lines – Meets Requirements No structural changes are proposed for the existing development on Property A or B. The minimum principal structure setbacks in the R-2 District are 40 feet in the front yard, 30 feet in the rear yard (Principal), a 5-foot minimum in the side yard with both side yards required to add up to a total of 15 feet (Principal), and 10 feet in the rear and side yard (Accessory). The existing accessory structure on Property B is a legal nonconforming structure because it encroaches into the 10-foot rear yard setback requirement. The proposed lot line adjustment does not impact setback requirements from the existing development or create a nonconformity on either parcel. Based on the survey provided, all applicable setbacks will be met as a result of the proposed lot line adjustment between Property A and B. Lot Coverage – Meets Requirements The maximum structure coverage permitted in the R-2 District is 25 percent of the lot area. The minimum landscape lot area is 65 percent. Both Subject Properties would meet the structure and landscape coverage requirements with the proposed subdivision. Driveway and Residential Access – Meets Requirements Each property in the subdivision is entitled to exactly one access to a public street. The permitted width of accesses to streets is subject to County or State regulations, depending on whether the connecting street is maintained by the city, county, or state. According to City Code Section 1325.06, Subd. 3 the minimum width of a driveway access into New Brighton Road is ten (10) feet; the maximum width permitted is twenty-two (22) feet wide. A driveway access may be placed adjacent to property lines, but it cannot be placed closer than five (5) feet to an existing driveway on an abutting parcel, and no driveway access can be placed closer than five (5) feet to any other principal building. As noted above, the two properties have joint access to a driveway that crosses the shared property line along New Brighton Road. The Applicants are requesting the Minor Subdivision to alter the property line to include all of the driveway access along New Brighton Road as part of Property A. Property B will continue to utilize the existing driveway access off of Beckman Avenue to their residence and will discontinue use of the access off of New Brighton Road. The Applicants have identified that the Owner of Property B would be removing a section of the driveway to permanently discontinue use of the New Brighton Road access. The portion of driveway to be removed was not shown on the site survey submitted, but the Applicant has provided an illustration of where New Lot Line A B Page 4 of 4 pavement will be removed. The proposed lot line adjustment will bring the properties into compliance with code requirements. Additional Review Public Works Director/City Engineer The Public Works Director/City Engineer has reviewed the proposed Minor Subdivision and does not have any comments at this time. Public Notice and Comments A public hearing notice for this planning case was published in the Pioneer Press on October 15, 2021. The City has not received any public comments regarding this case. Attachments A. Location Map B. Land Use Application C. Certificate of Survey D. Planning Commission Memo E. Draft Planning Commission Minutes F. Presentation /RFDWLRQ0DS 7D[3DUFHOVB4XHU\UHVXOW 3HUVRQDO3URSHUW\ 7D[3DUFHOV &LWLHV &RXQW\2IILFHV $0 PL NP 5DPVH\&RXQW\ 5DPVH\&RXQW\01 Attachment A $WWDFKPHQW% Attachment C Page 1 of 5 PC Agenda Item – 3A MEMORANDUM DATE: October 6, 2021 TO: Planning Commission Chair and Commissioners FROM: Jessica Jagoe, Senior Planner SUBJECT: Planning Case #21-021 – Public Hearing Required Applicant: Jill and Greg Casmey Property Location: 3300 New Brighton Road and 1893 Beckman Avenue Request: Minor Subdivision Requested Action Jill and Greg Casmey (“The Applicants”) are requesting the approval of a Minor Subdivision of their property located at 3300 New Brighton Road (“Subject Property A”) and their neighbor’s property located at 1893 Beckman Avenue (“Subject Property B”). Both subject properties are zoned R-2 – Single & Two Family Residential District and are guided as Low Density Residential (LDR) in the 2040 Land Use Plan. Background 1. Overview of Request The Minor Subdivision has been requested to allow for the alteration of the property line between the subject properties. Currently, the two properties have joint access to a driveway that crosses the shared property line. The Applicants are requesting the Minor Subdivision to alter the property line to include all of the shared driveway. This would involve adding 796 square feet (excluding ROW) of property to Subject Property A, owned by the Applicants. Application Review 1. 1150.04 Division or Consolidation of Platted Lots of Record. In the case of an application to divide one or more lots platted into lots and blocks and designated in a subdivision plat on file and of record in the office of the recorder or registrar of titles for the county, into one or more separately described parcels, or an application for the consolidation of two or more such platted lots or parts thereof into one or more tracts, the City Page 2 of 5 Council, upon review and after report of the planning commission, may approve the subdivision or consolidation, upon compliance with the following conditions: Subd. 1 Survey. The owner(s) of the platted lot(s) to be so divided or consolidated shall file with the zoning administrator a survey or registered land survey of the lot(s) to be divided or consolidated. The survey or registered land survey shall be prepared and certified by a Licensed Surveyor. Criteria met. Subd. 2 Relation to Zoning Ordinance. The parcels or tracts resulting from the division or consolidation, as depicted in the survey or registered land survey, shall not have an area, dimensions or setbacks which are less than the minimum requirements specified for the zoning district in which the parcels or tracts are located in the zoning ordinance. Criteria met. Subd. 3 Public Welfare. It is determined that the proposed division or consolidation will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. Criteria met. Subd. 4 Conformity. The proposed division or consolidation shall conform to such other requirements of this chapter, which the planning commission has specifically made such division or consolidation subject to at its first meeting at which the application for the division or consolidation is submitted. The City Council may add to or subtract from the requirements specified by the planning commission additional requirements of this chapter which it deems necessary for the protection of the health, safety, general welfare and convenience of the City and to secure the objectives of this chapter. Prior to the City Council's granting the owner(s) an exemption pursuant to this paragraph, the owner(s) shall comply with all the requirements of this chapter which the planning commission or City Council have specifically made the division or consolidation subject. Criteria met. Subd. 5 Such filing fee as has been established in a resolution adopted by the Council shall be paid the zoning administrator with every application for an exemption under this paragraph. Criteria met. 2. Zoning Code Review Lot Size and Dimensions The minimum lot area in the R-2 District is 11,000 square feet. The minimum lot width is 85 feet and the minimum depth is 120 feet. Subject Property A is 22,252 square feet (excluding ROW). Subject Property B is 22,500 square feet (excluding ROW). If the requested minor subdivision is approved, Subject Property A would be 23,048 square feet, and Subject Property B would be 21,704 square feet. Both parcels would comply with the minimum lot area, width, and depth in the R-2 District. Structure Setbacks with Adjusted Lot Lines No structural changes are proposed for the existing development on Property A or B. The minimum principal structure setbacks in the R-2 District are 40 feet in the front yard, 30 feet in Page 3 of 5 the rear yard (Principal), a 5-foot minimum in the side yard with both side yards required to add up to a total of 15 feet (Principal), and 10 feet in the rear and side yard (Accessory). The existing accessory structure on Property B is a legal nonconforming structure because it encroaches into the 10-foot rear yard setback requirement. The proposed lot line adjustment does not impact setback requirements from the existing development or create a nonconformity on either parcel. Based on the survey provided, all applicable setbacks will be met as a result of the proposed lot line adjustment between Property A and B. Lot Coverage The maximum structure coverage permitted in the R-2 District is 25 percent of the lot area. The minimum landscape lot area is 65 percent. Both Subject Properties would meet the structure and landscape coverage requirements with the proposed subdivision. Driveway and Residential Access Each property in the subdivision is entitled to exactly one access to a public street. The permitted width of accesses to streets is subject to County or State regulations, depending on whether the connecting street is maintained by the city, county, or state. According to City Code Section 1325.06, Subd. 3 the minimum width of a driveway access into New Brighton Road is ten (10) feet; the maximum width permitted is twenty-two (22) feet wide. A driveway access may be placed adjacent to property lines, but it cannot be placed closer than five (5) feet to an existing driveway on an abutting parcel, and no driveway access can be placed closer than five (5) feet to any other principal building. As noted above, the two properties have joint access to a driveway that crosses the shared property line along New Brighton Road. The Applicants are requesting the Minor Subdivision to alter the property line to include all of the driveway access along New Brighton Road as part of Property A. Property B will continue to utilize the existing driveway access off of Beckman Avenue to their residence and will discontinue use of the access off of New Brighton Road. The Applicants have identified that the Owner of Property B would be removing a section of the driveway to permanently discontinue use of the New Brighton Road access. The portion of driveway to be removed was not shown on the site survey submitted, but the Applicant has provided an illustration of where pavement will be removed. The proposed lot line adjustment will bring the properties into compliance with code requirements. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: New Lot Line A B Page 4 of 5 1. The properties at 3300 New Brighton Road and 1893 Beckman Avenue are located in the R-2 – Single and Two Family Residential Zoning District. 2. The Arden Hills 2040 Comprehensive Plan designates the properties at 3300 New Brighton Road and 1893 Beckman Avenue as Low Density Residential. 3. The Applicants have submitted an application for a Minor Subdivision to adjust the side yard lot line between the two existing properties. 4. The proposed Minor Subdivision is not creating a new lot of record. 5. The request proposes to use the property in a reasonable manner as a single-family dwelling. 6. The Owner of the platted lot has filed with the zoning administrator a registered land survey of the lot line adjustment. 7. The proposed division will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. Proposed Motion Language Staff has provided the following options and motion language for this case. 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 21- 021 for a Minor Subdivision at 3300 New Brighton Road and 1893 Beckman Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the October 6, 2021, Report to the Planning Commission: 1) The Applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City’s approval. 2) The Applicant shall record the drainage and utility easements as shown on the submitted survey with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City’s approval. 3) Monument stakes shall be installed to demarcate the property lines adjusted between Property A and Property B. 2. Recommend Approval without Conditions: Motion to recommend approval of Planning Case 21-021 for a Minor Subdivision at 3300 New Brighton Road and 1893 Beckman Avenue, based on the findings of fact and the submitted plans in the October 6, 2021 Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 21-021 for a Minor Subdivision at 3300 New Brighton Road and 1893 Beckman Avenue, based on the following findings of fact: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 21-021 for a Minor Subdivision at 3300 New Brighton Road and 1893 Beckman Avenue for the following reasons: a specific reason and/or information request should be included with a motion to table. Page 5 of 5 Public Notice and Comments Notice was published in the Pioneer Press on September 24, 2021. Notice was prepared by the City and mailed to property owners within 1,000 feet of the subject property. The City has not received any public comments regarding this case. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on August 16, 2021. Pursuant to Minnesota State Statute, the City must act on this request by October 15, 2021 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the applicant, the City may extend the review period beyond the initial 120 days. The Applicants provided formal notice to the City on September 7, 2021 of their request to table review to the October meeting cycle and waived the 60-day review period. Attachments A. Location Map B. Land Use Application C. Certificate of Survey Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, OCTOBER 6, 2021 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Paul Vijums called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Paul Vijums, Commissioners Marcie Jefferys (attending via Zoom), Subbaya Subramanian, Kurtis Weber (attending via Zoom), and Clayton Zimmerman. Absent: Commissioner Jonathan Wicklund. Also present were: Senior Planner Jessica Jagoe and Councilmember Steve Scott. APPROVAL OF AGENDA – OCTOBER 6, 2021 Chair Vijums moved, seconded by Commissioner Zimmerman, to approve the October 6, 2021, agenda as presented. A roll call vote was taken. The motion carried unanimously (5- 0). APPROVAL OF MINUTES September 8, 2021 – Planning Commission Regular Meeting Commissioner Zimmerman moved, seconded by Commissioner Subramanian, to approve the September 8, 2021, Planning Commission Regular Meeting as presented. A roll call vote was taken. The motion carried unanimously (5-0). PLANNING CASES A.Planning Case 21-021; 3300 New Brighton Road and 1893 Beckman Avenue – Minor Subdivision – Public Hearing Senior Planner Jagoe stated the Minor Subdivision has been requested to allow for the alteration of the property line between the subject properties. Currently, the two properties have joint access to a driveway that crosses the shared property line. The Applicants are requesting the Draft ARDEN HILLS PLANNING COMMISSION – October 6, 2021 2 Minor Subdivision to alter the property line to include all of the shared driveway. This would involve adding 796 square feet (excluding ROW) of property to Subject Property A, owned by the Applicants. Senior Planner Jagoe reviewed the surrounding area, the Plan Evaluation and provided the Findings of Fact for review: 1. The properties at 3300 New Brighton Road and 1893 Beckman Avenue are located in the R-2 – Single and Two Family Residential Zoning District. 2. The Arden Hills 2040 Comprehensive Plan designates the properties at 3300 New Brighton Road and 1893 Beckman Avenue as Low Density Residential. 3. The Applicants have submitted an application for a Minor Subdivision to adjust the side yard lot line between the two existing properties. 4. The proposed Minor Subdivision is not creating a new lot of record. 5. The request proposes to use the property in a reasonable manner as a single-family dwelling. 6. The Owner of the platted lot has filed with the zoning administrator a registered land survey of the lot line adjustment. 7. The proposed division will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. Senior Planner Jagoe stated staff recommends approval of Planning Case 21- 021 for a Minor Subdivision at 3300 New Brighton Road and 1893 Beckman Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the October 6, 2021, Report to the Planning Commission: 1) The Applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City’s approval. 2) The Applicant shall record the drainage and utility easements as shown on the submitted survey with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City’s approval. 3) Monument stakes shall be installed to demarcate the property lines adjusted between Property A and Property B. Senior Planner Jagoe reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Chair Vijums requested further information on how the driveway would be impacted. Senior Planner Jagoe explained the area in blue on the map was the driveway areas that would be removed. Draft ARDEN HILLS PLANNING COMMISSION – October 6, 2021 3 Chair Vijums opened the public hearing at 6:43 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. There being no comment Chair Vijums closed the public hearing at 6:43 p.m. Commissioner Zimmerman moved and Commissioner Subramanian seconded a motion to recommend approval of Planning Case 21-021 for a Minor Subdivision at 3300 New Brighton Road and 1893 Beckman Avenue based on the findings of fact and the submitted plans, as amended by the conditions in the October 6, 2021, report to the Planning Commission. A roll call vote was taken. The motion carried unanimously (5-0). B. Planning Case 21-023; City of Arden Hills – 3588 Ridgewood Road – Public Hearing Not Required Senior Planner Jagoe stated at the September 8th Planning Commission meeting, the Commission made a motion to table action on this agenda item in order to seek a legal opinion from the City Attorney as to whether or not conditions could be included directing the process of the land sale. Following this action, City Staff contacted the City Attorney to verify the discretion allowed within this review. The City Attorney has confirmed that as established by State Statute the role of the Planning Commission is this instance is limited to determining whether or not the proposed sale is in compliance with the Comprehensive Municipal Plan. The Planning Commission does not have the authority to add conditions to direct the terms of the sale. Senior Planner Jagoe commented also from this meeting, the Commission noted that Ramsey County’s GIS had shown a map label of “Park” on the subject parcel. This label was populated within their mapping layers under Lot Text. City Staff contacted the Assessor’s Office to research prior documentation of park dedication. The County noted that it was possible they had this identifier prior to the City acquiring the land and that the map was never updated, but no formal dedication was found. The City Attorney has reviewed the information and questions raised by the Commission regarding this map label. Their office has confirmed that a statement of purpose for which a property is to be used is not sufficient to create a restrictive use covenant. Such a restriction would have required language within the deed. On August 6th, the City received the completed title report which confirmed there are no deed restrictions prohibiting the City from selling this parcel. Senior Planner Jagoe commented on the request further and provided the Findings of Fact for review: 1. The property at 3588 Ridgewood Road is located in the R-1, Single Family Residential Zoning District. 2. The Arden Hills 2040 Comprehensive Plan has the property guided toward Low Density Residential on the Future Land Use Plan. 3. The subject property is a nonconforming lot. 4. The development of the site for a single family residential dwelling is a permitted use within the R-1 Zoning District. Draft •Planning Case #21-021 –Public Hearing Required •Applicants: Jill and Greg Casmey •Request: Minor Subdivision •Property Location: 3300 New Brighton Road and 1893 Beckman Avenue 1 Action to Consider Minor Subdivision has been requested to allow for the alteration of the property line between the subject properties. 2 Site Evaluation R-2 District minimums: •Lot area -11,000 square feet •Lot width -85 feet •Lot depth -120 feet Subject Property A (excluding ROW) – •Before Minor Subdivision -22,252 square feet •After -23,048 square feet Subject Property B (excluding ROW) – •Before Minor Subdivision -22,500 square feet •After -21,704 square feet Both parcels would comply with the minimum lot area, width, and depth in the R-2 District. A B New Lot Line 3 Overview of Request •Two properties have joint access to a driveway that crosses the shared property line. •796 square feet (excluding ROW) of property would be added to Subject Property A, owned by the Applicants along New Brighton Road. •Property B will continue to utilize the existing driveway access off of Beckman Avenue and will discontinue use of the access off of New Brighton Road. •Property B would be removing sections of the driveway to permanently discontinue use of the New Brighton Road access. •The proposed lot line adjustment will bring the properties into compliance with code requirements. 4 Public Notices - •Notice was published in the Pioneer Press on October 15, 2021. Notice was prepared by the City and mailed to property owners within 1,000 feet of the subject property. •No comments received. 5 Planning Case 21-021 –Jill and Greg Casmey Minor Subdivision Questions? 6 Page 1 of 3 NEW BUSINESS – 10A MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Planning Case #21-024 – Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendment – Chapter 13 – Section 1320.06 and 1325.05 Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Planning Case 21-024 an application for an amendment to the language in Section 1320.06 and 1325.05 of the Arden Hills City Code to amend and strike language in the B- 2, General Business District and B-3, Service Business District regarding design standards for building façade and setback requirements relative to front yard and parking areas and authorize publication of summary ordinance. Approval of a Zoning Code Amendment requires an affirmative vote of three councilmembers. Approval for authorization to publish summary ordinance requires an affirmative vote of four councilmembers. Background The City Council was asked to hold the required public hearing for Planning Case 21-024 under Agenda Item 9A. A full evaluation of the proposed amendment and supporting attachments are included in the staff report under Agenda Item 9A. The remainder of this memo focuses on the requested approvals, findings of fact and the staff recommended options and motion language. Suggested Findings of Fact The Planning Commission reviewed this application at their October 6, 2021, meeting and have offered the following findings of fact for your consideration: Page 2 of 3 General Findings: 1. The City of Arden Hills is proposing to amend ordinance language for the design standards in the B-2, General Business Zoning District and B-3, Service Business District. 2. The City of Arden Hills is proposing a front yard setback of 50 feet in the B-2, General Business Zoning District. 3. The proposed ordinance will include amendments to the language of Chapter 13 – Zoning Code of the City Code. 4. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 5. The Planning Commission conducted a public hearing on October 6, 2021. Options and Motion Language The Planning Commission reviewed this application at their October 6, 2021 meeting. At that time, they recommended approval of Planning Case 21-024 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to amend and strike language in the B-2, General Business District and B-3, Service Business District regarding design standards for building façade and setback requirements relative to front yard and parking areas by a 5-0 vote. The following are motion language options for the City Council to consider. 1. Approval: Motion to approve adoption of Ordinance 2021-0011 and authorization to publish summary ordinance for Planning Case 21-024 for a Zoning Code Amendment to Chapter 13, Section 1320.06 and 1325.05 of the Arden Hills City Code to amend B-2, General Business District and B-3, Service Business District design standards for building façade and setback requirements relative to front yard and parking areas based on the findings of fact and the October 25, 2021 Report to the City Council. 2. Approval with Amendments: Motion to approve adoption of Ordinance 2021-011 and authorization to publish summary ordinance for Planning Case 21-024 for a Zoning Code Amendment to Chapter 13, Section 1320.06 and 1325.05 of the Arden Hills City Code to amend B-2, General Business District and B-3, Service Business District design standards for building façade and setback requirements relative to front yard and parking areas based on the findings of fact and the October 25, 2021 Report to the City Council with amendments. 3. Denial: Motion to deny Planning Case 21-024 for a Zoning Code Amendment to Chapter 13, Section 1320.06 and 1325.05 of the Arden Hills City Code based on the findings of fact: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 21-024 for a Zoning Code Amendment to Chapter 13, Section 1320.06 and 1325.05 of the Arden Hills City Code for the following reasons: a specific reason and/or information request should be included with a motion to table. Page 3 of 3 Budget Impact N/A Attachments A.Ordinance 2021-011 (Redlined) B.Ordinance 2021-011 (Clean Version) C.Summary Ordinance 2021-011 D.Presentation 218645v1 ORDINANCE NO. 2021-011 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1320 AND SECTION 1325 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 - Zoning Code, Section 1320 – District Provisions, subsection 1320.06 – District Requirements Chart, is hereby amended by deleting strikethrough language and adding the underlined language as follows: 1320.06 District Requirements Chart. Attachment A 218645v1 SECTION 2. Chapter 13 - Zoning Code, Section 1325 – General Regulations, subsection 1325.05 – Design Standards, is hereby amended by revising Subd. 8.F. and Subd. 8.M. by deleting strikethrough language and adding the underlined language as follows: 1325.05 Design Standards. Subd. 8 Additional Design Standards for New Development, Redevelopment, and Modifications to Existing Sites in the B2 and B3 Districts. (revised 04/27/15) Unless preempted by the standards in this section, all other zoning provisions shall apply: F. Window and Door Openings (revised 11/25/13) 1. Commercial Façade Transparency. a) Fifty percent (50%) of all first level building façades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. Transparency requirement may be waived by the City where privacy concerns warrant. (revised 11/30/15) b) Twenty percent (20%) of all other first level building facades that are reasonably visible from the public right of way shall be comprised of window or door openings. Simulated or opaque windows may be used on service areas. (revised 11/30/15) cb) If the building is a one story design and the first floor elevation exceeds twelve (12) feet, then only the first twelve (12) feet shall be included in calculating the façade area. (revised 11/30/15) dc) The City may consider a proportional reduction in the transparent window and door requirement on the public street façade if additional transparent glass is used on the remaining sides. (revised 11/30/15) M. Parking. 1. Placing parking between the street right-of-way and a building shall be discouraged. 2. No more than fifty percent (50%) of the parking on a site may be between buildings or in the side yards. 31. Sufficient parking shall be provided to accommodate the reasonable hourly peak on a given site. Shared parking is encouraged to reduce land devoted to parking. Hourly variations among different types of land use may be considered when estimated parking demands. 42. Plantings shall be used to soften and shade parking lots and parking structures. Parking adjacent to streets should be screened from view with landscaping, including but not limited to trees, hedges, flowers and other bushes and/or decorative masonry walls. Berms shall be discouraged. (revised 11/25/13) 53. Parking lot islands shall be used to distribute large parking lots into separate areas. Parking lot islands shall be planted with trees or include infiltration basins and plantings. Entry drives shall be defined by trees and shrubs. (revised 11/25/13) 64. A concrete curb shall be provided around the periphery of all parking lots and access roads, except where the City Engineer determines that a curb would impede drainage. 218645v1 75. Parking structures that are visible from off the site shall display an integration of building materials, form, and colors with the principal building. No signs other than directional signs shall be permitted on parking ramp facades. (revised 11/25/13) 86. Parking structures that are visible from off the site shall display an integration of building materials building form, textures, architectural motif, and building colors with the principal building. No signs other than directional signs shall be permitted on parking ramp facades. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. PASSED and ADOPTED this 25th day of October, 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 218645v1 ORDINANCE NO. 2021-011 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1320 AND SECTION 1325 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 - Zoning Code, Section 1320 – District Provisions, subsection 1320.06 – District Requirements Chart, is hereby amended by as follows: 1320.06 District Requirements Chart. 218645v1 SECTION 2. Chapter 13 - Zoning Code, Section 1325 – General Regulations, subsection 1325.05 – Design Standards, is hereby amended as follows: 1325.05 Design Standards. Subd. 8 Additional Design Standards for New Development, Redevelopment, and Modifications to Existing Sites in the B2 and B3 Districts. (revised 04/27/15) Unless preempted by the standards in this section, all other zoning provisions shall apply: F. Window and Door Openings (revised 11/25/13) 1. Commercial Façade Transparency. a) Fifty percent (50%) of all first level building façades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. b) If the building is a one story design and the first floor elevation exceeds twelve (12) feet, then only the first twelve (12) feet shall be included in calculating the façade area. (revised 11/30/15) c) The City may consider a proportional reduction in the transparent window and door requirement on the public street façade if additional transparent glass is used on the remaining sides. (revised 11/30/15) M. Parking. 1. Sufficient parking shall be provided to accommodate the reasonable hourly peak on a given site. Shared parking is encouraged to reduce land devoted to parking. Hourly variations among different types of land use may be considered when estimated parking demands. 2. Plantings shall be used to soften and shade parking lots and parking structures. Parking adjacent to streets should be screened from view with landscaping, including but not limited to trees, hedges, flowers and other bushes and/or decorative masonry walls. Berms shall be discouraged. (revised 11/25/13) 3. Parking lot islands shall be used to distribute large parking lots into separate areas. Parking lot islands shall be planted with trees or include infiltration basins and plantings. Entry drives shall be defined by trees and shrubs. (revised 11/25/13) 4. A concrete curb shall be provided around the periphery of all parking lots and access roads, except where the City Engineer determines that a curb would impede drainage. 5. Parking structures that are visible from off the site shall display an integration of building materials, form, and colors with the principal building. No signs other than directional signs shall be permitted on parking ramp facades. (revised 11/25/13) 6. Parking structures that are visible from off the site shall display an integration of building materials building form, textures, architectural motif, and building colors with the principal building. No signs other than directional signs shall be permitted on parking ramp facades. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. 218645v1 PASSED and ADOPTED this 25th day of October, 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 218657v1 SUMMARY ORDINANCE NO. 2021-011 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1320 AND SECTION 1325 OF THE ARDEN HILLS CITY CODE NOTICE IS HEREBY GIVEN that, on October 25, 2021, Ordinance No. 2021-011 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. 2021-011, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends the B-2 District Requirements Chart by increasing the Minimum Building Setbacks for Front Yard from 20 to 50 feet, allowing for parking in the increased setback area; and amends Design Standards for Window and Door Openings requiring that 50% of the first level building facades facing public streets shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. 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 25th day of October, 2021. CITY OF ARDEN HILLS By __________________________________ David Grant, Mayor ATTEST: _________________________________ Julie Hanson, City Clerk Published in the Pioneer Press on October 28, 2021. •Planning Case #21-024 –Public Hearing Required •Applicant: City of Arden Hills •Request: Zoning Code Amendment Amending –1320.06 District Requirements Chart: Front Yard Setback requirement from 20 feet to 50 feet Amending -1325.05 Design Standards, Subd. 8, F.1.A: Fifty percent (50%) of all first level building façades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. Transparency requirement may be waived by the City where privacy concerns warrant. Striking -1325.05 Design Standards, Subd. 8, F.1. B: Twenty percent (20%) of all other first level building facades that are reasonably visible from the public right of way shall be comprised of window or door openings.Simulated or opaque windows may be used on service areas. Striking -1325.05, Subd. 8, M. Parking (1) (2): Placing parking between the street right-of-way and a building shall be discouraged. No more than 50 percent of the parking on a site may be between buildings or in the side yards. Chapters and Sections Options and Motion Language - •Approval:Motion to approve adoption of Ordinance 2021-0XX and authorization to publish summary ordinance for Planning Case 21-024 for a Zoning Code Amendment to Chapter 13, Section 1320.06 and 1325.05 of the Arden Hills City Code to amend B-2, General Business District and B-3, Service Business District design standards for building façade and setback requirements relative to front yard and parking areas based on the findings of fact and the October 25, 2021 Report to the City Council. •Approval with Amendments: Motion to approve adoption of Ordinance 2021-0XX and authorization to publish summary ordinance for Planning Case 21-024 for a Zoning Code Amendment to Chapter 13, Section 1320.06 and 1325.05 of the Arden Hills City Code to amend B-2, General Business District and B-3, Service Business District design standards for building façade and setback requirements relative to front yard and parking areas based on the findings of fact and the October 25, 2021 Report to the City Council with amendments. •Denial:Motion to deny Planning Case 21-024 for a Zoning Code Amendment to Chapter 13, Section 1320.06 and 1325.05 of the Arden Hills City Code based on the findings of fact: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. •Table:Motion to table Planning Case 21-024 for a Zoning Code Amendment to Chapter 13, Section 1320.06 and 1325.05 of the Arden Hills City Code for the following reasons: a specific reason and/or information request should be included with a motion to table. Planning Case 21-024 –B-2, General Business District Ordinance Amendment Questions? ________________________________________________________________________________________________________ Page 1 of 3 NEW BUSINESS – 10B MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Planning Case # 21-021 – No Public Hearing Required Applicant: Jill and Greg Casmey Property Location: 3300 New Brighton Road and 1893 Beckman Avenue Request: Minor Subdivision Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider the Following: Motions to approve, table, or deny the following: • Planning Case 21-021 an application for a Minor Subdivision between the properties located at 3300 New Brighton Road and 1893 Beckman Avenue that would be a lot line adjustment along New Brighton Road to reconfigure the side yard between the two existing properties. Approval of a Minor Subdivision requires an affirmative vote of three councilmembers. Background Jill and Greg Casmey, Applicants, have requested a Minor Subdivision to allow for the alteration of the property line between the subject properties. Currently, the two properties have joint access to a driveway that crosses the shared property line. The Applicants are requesting the Minor Subdivision to alter the property line to include all of the shared driveway. This would involve adding 796 square feet (excluding ROW) of property to Subject Property A, owned by the Applicants The City Council was asked to hold the required public hearing for Planning Case 21-021 under Agenda Item 9B. A full evaluation of the proposed Minor Subdivision and supporting attachments are included in the staff report under Agenda Item 9B. The remainder of this memo focuses on the requested approvals, findings of fact and the staff recommended options and motion language. Page 2 of 3 Suggested Findings of Fact: The Planning Commission reviewed this application at their October 6, 2021, meeting and have offered the following findings of fact for your consideration: 1. The properties at 3300 New Brighton Road and 1893 Beckman Avenue are located in the R-2 – Single and Two Family Residential Zoning District. 2. The Arden Hills 2040 Comprehensive Plan designates the properties at 3300 New Brighton Road and 1893 Beckman Avenue as Low Density Residential. 3. The Applicants have submitted an application for a Minor Subdivision to adjust the side yard lot line between the two existing properties. 4. The proposed Minor Subdivision is not creating a new lot of record. 5. The request proposes to use the property in a reasonable manner as a single-family dwelling. 6. The Owner of the platted lot has filed with the zoning administrator a registered land survey of the lot line adjustment. 7. The proposed division will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 8. The Planning Commission conducted a public hearing on October 6, 2021. Options and Motion Language The Planning Commission reviewed this application at their October 6, 2021 meeting. At that time, they recommended approval of the Minor Subdivision application by a 5-0 vote. The following are motion language options for the City Council to consider. Approval with Conditions: Motion to adopt Resolution 2021-061, approving Planning Case 21- 021, for a Minor Subdivision for 3300 New Brighton Road and 1893 Beckman Avenue based on the findings of fact, submitted plans, and the October 25, 2021 Report to the City Council, subject to the following conditions: 1) The Applicants shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City’s approval. 2) The Applicants shall record the drainage and utility easements as shown on the submitted survey with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City’s approval. 3) Monument stakes shall be installed to demarcate the property lines adjusted between Property A and Property B. Approval without Conditions: Motion to adopt Resolution 2021-061, approving Planning Case 21- 021, for a Minor Subdivision for 3300 New Brighton Road and 1893 Beckman Avenue based on the findings of fact, submitted plans, and the October 25, 2021 Report to the City Council. Denial: Motion to deny Resolution 2021-061, approving Planning Case 21-021, for a Minor Subdivision at 3300 New Brighton Road and 1893 Beckman Avenue based on the following Page 3 of 3 findings of fact: the City Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. Table: Motion to table Resolution 2021-061, approving Planning Case 21-021, for a Minor Subdivision at 3300 New Brighton Road and 1893 Beckman Avenue for the following reasons: the City Council should identify a specific reason and/or information request should be included with a motion to table. Deadline for Agency Action The City of Arden Hills received the completed application for this request on August 16, 2021. Pursuant to Minnesota State Statute, the City must act on this request by October 15, 2021 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the applicant, the City may extend the review period beyond the initial 120 days. The Applicant provided a notice to the City waiving the 60-day review on September 7, 2021 requesting to table the application to the October meeting cycle. Budget Impact N/A Attachment A. Resolution 2021-061 B. Presentation CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2021-061 RESOLUTION APPROVING A MINOR SUBDIVISION FOR 3300 NEW BRIGHTON ROAD AND 1893 BECKMAN AVENUE WHEREAS, City Staff received a complete land use application for a Minor Subdivision request on August 16, 2021, from Jill and Greg Casmey (“Applicants”), for review of a Minor Subdivision to adjust the property line between 3300 New Brighton Road (“Subject Property A”) and 1893 Beckman Avenue (“Subject Property B”) that would involve adding 796 square feet, excluding right-of-way, to Subject Property A, as depicted on the attached Exhibit “A”; and WHEREAS, on September 7, 2021, the Applicants submitted to the City a waiver of the 60-day period requesting to extend the time period for Planning Commission and City Council review of the land use application. WHEREAS, both the Subject Property A and B with the lot line adjustment are conforming lots that meet the R-2 Single and Two Family Residential District standards for minimum lot width, length, and area requirements; and WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 1000 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that does require a public hearing; and WHEREAS, the City’s obligation has been met where the Arden Hills Planning Commission duly held a hearing on October 6th, 2021. All persons present at said meeting were given an opportunity to be heard and present written statements; WHEREAS, the proposed Minor Subdivision shall conform to all requirements of the City Code of Ordinances, which the Planning Commission has specifically made such division subject to at its meeting at which the application for the division or consolidation is submitted; and WHEREAS the Planning Commission considered the findings of fact provided by the City Staff and, as such voted 5-0 in favor of the request; NOW THEREFORE BE IT RESOLVED: That the Council of the City of Arden Hills approves the Minor Subdivision for 3300 New Brighton Road and 1893 Beckman Avenue, dated October 25, 2021 subject to the following three conditions: Attachment A 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. 1) The Applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City’s approval. 2) The Applicant shall record the drainage and utility easements as shown on the submitted survey with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City’s approval. 3) Monument stakes shall be installed to demarcate the property lines adjusted between Property A and Property B. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25TH DAY OF OCTOBER, 2021. ______________________________________________ David Grant, Mayor ATTEST: _________________________________________ Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. EXHIBIT “A” TO RESOLUTION NO. 2021-061 •Planning Case #21-021 – Public Hearing Required•Applicants: Jill and Greg Casmey•Request: Minor Subdivision •Property Location: 3300 New Brighton Road and 1893 Beckman Avenue1 $WWDFKPHQW% Page 1 of 2 NEW BUSINESS – 10C MEMORANDUM DATE: October 25, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Nuisance Abatement – 1465 Floral Drive W., PID #223023330001 Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Motion to adopt Resolution 2021-062 ordering nuisance abatement at 1465 Floral Drive W. for excessive vegetation growth not in compliance with City regulations. Approval of a Nuisance Abatement requires an affirmative vote of three councilmembers. Background Due to a complaint, staff inspected 1465 Floral Drive on August 17, 2021. Staff noted excessive vegetation growth in the rear yard and determined the property was in violation of the following subsection of City Code Section 602.02 Public Nuisance Affecting Health: • Subd. 6. All noxious weeds and other growths of vegetation upon public or private property in excess of eight (8) inches. Following the initial inspection, Staff sent a letter to the Property Owner at their address shown in Ramsey County Property Records requesting they correct the issue by August 31, 2021. A follow-up inspection on September 13, 2021, revealed the violation had not been corrected. As a result, Staff prepared a second notice on September 13, 2021 that outlined further abatement action may be taken if the violation was not corrected. On September 27, 2021, a third inspection was completed and Staff deemed the rear yard of the property still to be in violation. In accordance with the City’s abatement procedures in Section 602.05 of the City Code, a certified letter was mailed to the Property Owner of record on October 6, 2021. In addition, Staff Page 2 of 2 posted notice on the property and sent a letter via first class mail. Based on the abatement procedures, the Property Owner was given until October 17, 2021 to abate the nuisance. Further investigation by Staff discovered a different out of State mailing address in Maryland was listed in the City’s utility billing records. A second abatement notice was sent certified mail on October 12, 2021 to this alternate address with a new deadline of October 19, 2021 to correct the violation. Both final abatement notices identified that if corrective action was not taken by the stated deadline, the City Council would hold a hearing on October 25, 2021, to order the abatement of the above described nuisance. A follow-up inspection was completed on October 20th and showed that no action has been taken in the rear yard. Staff has included as part of this report the 2017-2020 aerial maps from Ramsey County GIS that show this area in the rear yard along Royal Lane had been previously maintained. An abatement order allows the City to hire a contractor to complete the work on the property and charge the cost back to the property owner. The charge is 125 percent of the cost of the work including administrative costs. If the charges are not paid, the charge will be certified against the property for collection with the property taxes. Staff is requesting the City Council issue an order for abatement of the property. Options and Motion Language The following are motion language options for the City Council to consider. 1. Approval: Motion to approve Resolution 2021-062 ordering nuisance abatement at 1465 Floral Drive W. for excessive vegetation growth based on the October 25, 2021 Report to the City Council. 2. Denial: Motion to deny Resolution 2021-062 ordering nuisance abatement at 1465 Floral Drive W. for excessive vegetation growth based on the findings of fact: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 3. Table: Motion to table Resolution 2021-062 ordering nuisance abatement at 1465 Floral Drive W. for excessive vegetation growth for the following reasons: a specific reason and/or information request should be included with a motion to table. Budget Impact N/A Attachments A. Resolution 2021-062 B. Final Abatement Letters C. Aerial Maps D. Pictures of Property E. Presentation 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. 2021-062 ABATEMENT OF A NUISANCE AT 1465 FLORAL DRIVE W. WHEREAS, Keith Hansen and Maria Montserrat Meiro-Lorenzo are the Property Owners of the following described property: Address: 1465 Floral Drive W. Arden Hills, Minnesota 55112 PID: 223023330001 Legal Description: See Exhibit A attached hereto WHEREAS, notice therefore was posted on said property and sent certified mail to the property owner pursuant to City Regulations; and, WHEREAS, this abatement was initiated pursuant to the City of Arden Hills Municipal Code; and, WHEREAS, the Arden Hills City Council held a hearing on October 25, 2021. All persons present at said meeting were given an opportunity to be heard and present written statements. The Council also considered the recommendation of the City Staff that this abatement be approved; and, NOW, THEREFORE, BE IT RESOLVED THAT THE ARDEN HILLS CITY COUNCIL hereby adopts Resolution 2021-062, ordering the abatement of violations of City Code Section 602.02 that does not comply with City regulations at 1465 Floral Drive W., Arden Hills, Minnesota, and to charge the property owner for 125 percent of the cost of abatement, including administrative costs.; and BE IT FURTHER RESOLVED, in the event that the property owner does not pay any portion of the charges, that the unpaid amount shall be assessed against the Property, to be collected with the real estate taxes in the year in which this Resolution is recorded, together with an Affidavit of Cost incurred, and that any assessments levied pursuant to this Resolution shall bear interest at the rate of 4.5% per annum from the date of recording until September 1st of the year in which the special assessment is paid in full. Attachment A 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. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25TH DAY OF OCTOBER, 2021. CITY OF ARDEN HILLS By ______________________________ David Grant, Mayor ATTEST: By ________________________________ Julie Hanson, City Clerk 198964v1 City of Arden Hills ▪1245 West Highway 96 ▪ Arden Hills Minnesota 55112 Phone 651.792.7800 ▪ Fax 651.634.5137 ▪ www.cityofardenhills.org October 6, 2021 Keith Hansen and Maria Montserrat Meiro-Lorenzo 2118 10th Street NW Washington, DC 20001 Re: City Code Violation at 1465 Floral Drive W – PID #223023330001 ABATEMENT NOTICE Dear Property Owners: On August 17, 2021, the City of Arden Hills investigated a complaint and determined the vegetation growing in your rear yard is in violation of Chapter 6 – Nuisances and Offenses of the Arden Hills City Code. On September 13, 2021, the City of Arden Hills completed a follow up investigation and found that the property was still in violation of the ordinance listed below. A third investigation was completed on September 27, 2021. At this time, City Staff still found the property to be in violation of the City Code. VIOLATION:  Second 602.02 – Public Nuisances Affecting Health states “The following are hereby declared to be nuisances affecting health… Subd. 6. All noxious weeds and other growths of vegetation upon public or private property in excess of eight (8) inches.” CORRECTION:  Cut or remove the current vegetation growth to below the maximum allowed height of eight (8) inches. Please take the necessary corrective action by the close of the business day on October 17, 2021 to remediate the above violation. If the violation is not remediated by the required date, the City will order abatement as allowed under Section 602.05, General Abatement Procedure, of the Arden Hills City Code as this is considered an ongoing violation of this regulation. If the corrective action has not been taken by the required date, the City Council will hold a hearing at 7:00 pm on October 25, 2021, at Arden Hills City Hall, 1245 West Highway 96. You have the right to appear at that hearing. A t that meeting, the Council can order the abatement of the above described nuisance. An abatement order allows the City to have the necessary work completed to remediate the nuisance and charge 125 percent of the cost of the work, including administrative costs, back to the property owner. The charges can be certified against the property taxes for collection if they are unpaid. If you have any questions or need additional information, please contact me at 6 51-792-7810 or jjagoe@cityofardenhills.org. Thank you in advance for your cooperation. City of Arden Hills ▪1245 West Highway 96 ▪ Arden Hills Minnesota 55112 Phone 651.792.7800 ▪ Fax 651.634.5137 ▪ www.cityofardenhills.org Sincerely, Jessica Jagoe, Senior Planner City of Arden Hills ▪1245 West Highway 96 ▪ Arden Hills Minnesota 55112 Phone 651.792.7800 ▪ Fax 651.634.5137 ▪ www.cityofardenhills.org October 12, 2021 Keith Hansen and Maria Montserrat Meiro-Lorenzo 3301 Pennsy Drive Landover, MD 20785 Re: City Code Violation at 1465 Floral Drive W – PID #223023330001 ABATEMENT NOTICE Dear Property Owners: On August 17, 2021, the City of Arden Hills investigated a complaint and determined the vegetation growing in your rear yard is in violation of Chapter 6 – Nuisances and Offenses of the Arden Hills City Code. On September 13, 2021, the City of Arden Hills completed a follow up investigation and found that the property was still in violation of the ordinance listed below. A third investigation was completed on September 27, 2021. At this time, City Staff still found the property to be in violation of the City Code. VIOLATION:  Second 602.02 – Public Nuisances Affecting Health states “The following are hereby declared to be nuisances affecting health… Subd. 6. All noxious weeds and other growths of vegetation upon public or private property in excess of eight (8) inches.” CORRECTION:  Cut or remove the current vegetation growth to below the maximum allowed height of eight (8) inches. Please take the necessary corrective action by the close of the business day on October 19, 2021 to remediate the above violation. If the violation is not remediated by the required date, the City will order abatement as allowed under Section 602.05, General Abatement Procedure, of the Arden Hills City Code as this is considered an ongoing violation of this regulation. If the corrective action has not been taken by the required date, the City Council will hold a hearing at 7:00 pm on October 25, 2021, at Arden Hills City Hall, 1245 West Highway 96. You have the right to appear at that hearing. At that meeting, the Council can order the abatement of the above described nuisance. An abatement order allows the City to have the necessary work completed to remediate the nuisance and charge 125 percent of the cost of the work, including administrative costs, back to the property owner. The charges can be certified against the property taxes for collection if they are unpaid. If you have any questions or need additional information, please contact me at 6 51-792-7810 or jjagoe@cityofardenhills.org. Thank you in advance for your cooperation. City of Arden Hills ▪1245 West Highway 96 ▪ Arden Hills Minnesota 55112 Phone 651.792.7800 ▪ Fax 651.634.5137 ▪ www.cityofardenhills.org Sincerely, Jessica Jagoe, Senior Planner 1465 Floral Drive West$HULDO 10/20/2021, 1:30:13 PM Personal Property Tax Parcels Cities County Offices 00.01 00.01 1:600 0.01 0.02 mi 0.01 0.03 km Ramsey County Ramsey County MN Nuisance Violation 602.02 –Vegetation growth in excess of 8”in rear yard. Attachment C )ORUDO'ULYH:HVW$HULDO 3HUVRQDO3URSHUW\ 7D[3DUFHOV &LWLHV &RXQW\2IILFHV $HULDO 5HG%DQGB *UHHQ%DQGB %OXH%DQGB 30 PL NP 5DPVH\&RXQW\ 5DPVH\&RXQW\01 )ORUDO'ULYH:HVW$HULDO 2UWKR 5HG%DQGB *UHHQ%DQGB %OXH%DQGB 3HUVRQDO3URSHUW\ 7D[3DUFHOV &LWLHV &RXQW\2IILFHV 30 PL NP 5DPVH\&RXQW\ 5DPVH\&RXQW\01 1465 Floral Drive W. - Site Inspection Pictures Taken October 20, 2021 of Rear Yard View facing West from Royal Lane View facing South towards property Attachment D View facing East from Royal Lane •Request: Nuisance Abatement •Property Address: 1465 Floral Drive West 1 City Code Section 602.02 Public Nuisance Affecting Health: Subd. 6.All noxious weeds and other growths of vegetation upon public or private property in excess of eight (8) inches. Chapter 6 -Nuisances 2 Pictures Taken October 20, 2021 Site Inspection Facing East from Royal LaneFacing South towards property from Royal Lane Facing West from Royal Lane 2019 image of rear yard from Google Maps 3 Options and Motion Language - •Approval:Motion to approve Resolution 2021-062 ordering nuisance abatement at 1465 Floral Drive W. for excessive vegetation growth based on the October 25, 2021 Report to the City Council. •Denial:Motion to deny Resolution 2021-062 ordering nuisance abatement at 1465 Floral Drive W. for excessive vegetation growth based on the findings of fact: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. •Table:Motion to table Resolution 2021-062 ordering nuisance abatement at 1465 Floral Drive W. for excessive vegetation growth for the following reasons: a specific reason and/or information request should be included with a motion to table. 4 Nuisance Abatement –1465 Floral Drive West Questions? 5