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HomeMy WebLinkAbout11-08-21-SRAPPROVAL OF AGENDA APPROVAL OF MINUTES October 11, 2021 Regular City Council 10 -11 -21 -R.PDF October 18, 2021 City Council Work Session 10 -18 -21 -WS.PDF CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Motion To Approve Claims And Payroll Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst MEMO.PDF Motion To Approve Resolution 2021 -063 –2022 Curbside And Non -Curbside Recycling Fees Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve 2022 -2024 Agreement For Law Enforcement Services With The Ramsey County Sheriff’s Office Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Termination Of Contract For HCSP Contributions By Employees Dave Perrault, City Administrator MEMO.PDF Motion To Approve LMCIT Payment Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Construction Contract With Insituform Technologies USA, LLC For The 2021 CIPP Lining Project David Swearingen, Public Works Director/City Engineer MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Appointment Of Accounting Clerk Dave Perrault, City Administrator MEMO.PDF Motion To Approve Payment No. 5 –C&L Excavating, Inc. –2021 PMP Street And Utility Improvements Project David Swearingen, Public Works Director/City Engineer MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. COUNCIL/STAFF COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Steve Scott Special City Council Agenda November 8, 2021 Immediately following Special City Council Work Session 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. 2.A. Documents: 2.B. Documents: 3. 3.A. Documents: 3.B. Documents: 3.C. Documents: 3.D. Documents: 3.E. Documents: 3.F. Documents: 3.G. Documents: 3.H. Documents: 4. 5. APPROVAL OF AGENDAAPPROVAL OF MINUTESOctober 11, 2021 Regular City Council10-11 -21 -R.PDFOctober 18, 2021 City Council Work Session10-18 -21 -WS.PDFCONSENT CALENDARThose items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda.Motion To Approve Claims And Payroll Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst MEMO.PDF Motion To Approve Resolution 2021 -063 –2022 Curbside And Non -Curbside Recycling Fees Gayle Bauman, Finance Director MEMO.PDF ATTACHMENT A.PDF Motion To Approve 2022 -2024 Agreement For Law Enforcement Services With The Ramsey County Sheriff’s Office Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Termination Of Contract For HCSP Contributions By Employees Dave Perrault, City Administrator MEMO.PDF Motion To Approve LMCIT Payment Dave Perrault, City Administrator MEMO.PDF ATTACHMENT A.PDF Motion To Approve Construction Contract With Insituform Technologies USA, LLC For The 2021 CIPP Lining Project David Swearingen, Public Works Director/City Engineer MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Appointment Of Accounting Clerk Dave Perrault, City Administrator MEMO.PDF Motion To Approve Payment No. 5 –C&L Excavating, Inc. –2021 PMP Street And Utility Improvements Project David Swearingen, Public Works Director/City Engineer MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Special City Council Agenda November 8, 2021 Immediately following Special City Council Work Session 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 ORDER1.2.2.A.Documents:2.B.Documents:3.3.A. Documents: 3.B. Documents: 3.C. Documents: 3.D. Documents: 3.E. Documents: 3.F. Documents: 3.G. Documents: 3.H. Documents: 4. 5. APPROVAL OF AGENDAAPPROVAL OF MINUTESOctober 11, 2021 Regular City Council10-11 -21 -R.PDFOctober 18, 2021 City Council Work Session10-18 -21 -WS.PDFCONSENT CALENDARThose items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda.Motion To Approve Claims And PayrollGayle Bauman, Finance DirectorPang Silseth, Accounting AnalystMEMO.PDFMotion To Approve Resolution 2021 -063 –2022 Curbside And Non -Curbside Recycling FeesGayle Bauman, Finance DirectorMEMO.PDFATTACHMENT A.PDFMotion To Approve 2022 -2024 Agreement For Law Enforcement Services With The Ramsey County Sheriff’s OfficeDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Approve Termination Of Contract For HCSP Contributions By EmployeesDave Perrault, City AdministratorMEMO.PDFMotion To Approve LMCIT PaymentDave Perrault, City AdministratorMEMO.PDFATTACHMENT A.PDFMotion To Approve Construction Contract With Insituform Technologies USA, LLC For The 2021 CIPP Lining ProjectDavid Swearingen, Public Works Director/City Engineer MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF Motion To Approve Appointment Of Accounting Clerk Dave Perrault, City Administrator MEMO.PDF Motion To Approve Payment No. 5 –C&L Excavating, Inc. –2021 PMP Street And Utility Improvements Project David Swearingen, Public Works Director/City Engineer MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott Special City Council Agenda November 8, 2021 Immediately following Special City Council Work Session 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 ORDER1.2.2.A.Documents:2.B.Documents:3.3.A.Documents:3.B.Documents:3.C.Documents:3.D.Documents:3.E.Documents:3.F. Documents: 3.G. Documents: 3.H. Documents: 4. 5. Approved: November 8, 2021 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING OCTOBER 11, 2021 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Mayor Grant declared October 11, 2021 a non-holiday for the City Council to conduct business. Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, and Steve Scott Absent: Councilmember Dave McClung (excused) Also present: City Administrator Dave Perrault; Public Works Director David Swearingen; Senior Planner Jessica Jagoe; Finance Director Gayle Bauman; City Attorney Joel Jamnik; and City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meeting agenda as amended. The motion carried (4-0). 2. PUBLIC INQUIRIES/INFORMATIONAL Gregg Larson, 3377 North Snelling Avenue, thanked the Council for considering his comments about how the City Council takes comments at public meetings. He believed this was a good change and he hoped the Council felt the same way. He then discussed Rice Creek Commons and asked the Council their position on the project’s density and affordable housing. He also discussed other projects in the area. 3. RESPONSE TO PUBLIC INQUIRIES None. ARDEN HILLS CITY COUNCIL – OCTOBER 11, 2021 2 4. STAFF COMMENTS A. Transportation Update Public Works Director Swearingen reported the 2021 PMP project was nearing completion. He noted the final section of pavement would be completed this week. 5. APPROVAL OF MINUTES A. September 13, 2021, Regular City Council B. September 20, 2021, City Council Work Session C. September 27, 2021, Regular City Council Councilmember Holmes reported she spoke with staff regarding a minor change she would like made to the September 20, 2021 City Council Work Session minutes. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the September 13, 2021, Regular City Council meeting minutes as presented, the September 20, 2021, City Council Work Session meeting minutes as amended; and the September 27, 2021, Regular City Council meeting minutes as presented. The motion carried (4-0). 6. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve Additional Comp Time Hours for Union Employees C. Motion to Approve 2021 PMP Street and Utility Improvements – Payment No. 4 D. Motion to Approve Proposal for Performing the Warranty Repair Inspection on the North Tower E. Motion to Approve MVHS PUD Agreement for Planning Case #21-017 MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried (4-0). 7. PULLED CONSENT ITEMS None. 8. PUBLIC HEARINGS A. Planning Case 21-019 Preliminary Plat, Final Plat, Master Planned Unit Development and Site Plan Review – 3737 Lexington Avenue North and 1133 Grey Fox Road – Launch Properties (Aldi) Senior Planner Jagoe stated Launch Properties (“The Applicant”), on behalf of Aldi, is requesting a Preliminary Plat, Final Plat, Master Planned Unit Development, and Site Plan ARDEN HILLS CITY COUNCIL – OCTOBER 11, 2021 3 Review for a proposed project on 3737 Lexington Avenue North. (“Subject Property”) and 1133 Grey Fox Road. The Property is currently owned by STORE Master Funding III, LLC. The site is currently developed as a vacant industrial building with an associated parking lot. The proposal includes a lot reconfiguration that would adjust the existing lot line to the east. The Applicant is proposing to demolish the existing building and redevelop the site with a new +/- 19,480 square foot Aldi grocery store and an associated pad site with an +/- 5,300 square foot building purposed for a national dental tenant and Bank of America. Senior Planner Jagoe reviewed the Plan Evaluation in detail, commented on the flexibility the Applicant was requesting and recommended the Council hold a public hearing. Councilmember Holmes asked where the second entrance point would be for this site. She feared it would be difficult for semi-trucks to access this site. Senior Planner Jagoe reviewed a map of the site with the Council and noted the two access points. She reported the City Engineer and Fire Marshal reviewed the site plan and have approved the plans, stating truck traffic will use the two-way access off of Grey Fox Road. Mayor Grant opened the public hearing at 7:39 p.m. Gregg Larson, 3377 North Snelling Avenue, commented this was a PUD which meant it was a negotiation between the applicant and the City. He reported the applicant has requested a great deal of flexibility to depart from City Code requirements. He encouraged the Council to look to the applicant for demonstrating some flexibility on their part as well. He believed this request was a repetition of everything that has been done wrong on Lexington Avenue from an urban design standpoint. He indicated this building turns its back to the street. He suggested the building be reconsidered in order to make a more attractive entrance from Lexington Avenue. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:41 p.m. 9. NEW BUSINESS A. Planning Case 21-019 Preliminary Plat, Final Plat, Master Planned Unit Development and Site Plan Review – 3737 Lexington Avenue North and 1133 Grey Fox Road – Launch Properties (Aldi) B. Senior Planner Jagoe stated Launch Properties (“The Applicant”), on behalf of Aldi, is requesting a Preliminary Plat, Final Plat, Master PUD, and Site Plan Review for a proposed project on 3737 Lexington Avenue N (“Subject Property”) and 1133 Grey Fox Road. The subject property is currently two lots with one building developed over both lots. The proposal includes a lot reconfiguration that would adjust the existing lot line to the east. This development includes the demolition of the existing vacant industrial building and redevelop the parcels with two separate one-story buildings, one 19,480 square foot grocery store and one 5,350 square foot dental/office building. Staff commented further on the request and offered the following Findings of Fact: ARDEN HILLS CITY COUNCIL – OCTOBER 11, 2021 4 1. The properties located at 3737 Lexington Avenue and 1133 Grey Fox Road are designated for Commercial uses on the 2040 Comprehensive Plan. 2. New building construction or site modification identified requires the submittal of a Site Plan Review application prior to construction. 3. For building construction or site modifications not included on the Master Plan, a PUD Amendment is required. 4. The PUD process allows for flexibility within the City’s regulations through a negotiated process with a Developer. 5. The Applicant has proposed a Master Plan Planned Unit Development in order to develop the property with shared access, parking, and maintenance between the two parcels. 6. The Master Planned Unit Development generally conforms to the requirements of the City Zoning Code and design standards. 7. Where the plan is not in conformance with the City Code, flexibility has been requested by the Applicant. 8. Flexibility through the PUD process has been requested in the following areas: landscaping, setbacks, building positioning, building façade, building materials, pedestrian and bicycle circulation, and signage. 9. A public hearing for a Preliminary Plat, Final Plat, and Master Planned Unit Development request is required before the request can be brought before the City Council. 10. The Planning Commission conducted a public hearing on September 8, 2021. Senior Planner Jagoe reported the Planning Commission recommended approval of Planning Case 21-019 for a Preliminary Plat, Final Plat, Master Planned Unit Development, and Site Plan Review at 3737 Lexington Avenue and 1133 Grey Fox Road, based on the findings of fact and the submitted plans, as amended by the conditions in the October 11, 2021 Report to the City Council: 1. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. The Master Planned Unit Development approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. The City Council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. 3. A violation of any condition set forth in the permit shall be a violation of this Code, and shall be cause for revocation of the permit. 4. A Master PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The Master PUD Development Agreement shall be fully executed prior to the issuance of building permits. 5. The applicant shall file the Final Plat with Ramsey County within 180 days of the approval from the City. 6. Prior to the issuance of a building permit, a landscape financial security equal to 125% of the cost of the landscaping to be installed on the site shall be submitted. The Applicant must submit a detailed cost estimate for the landscaping so staff can determine the final amount. Landscape financial security shall be held for two full growing seasons. For any landscaping that is not in accordance with the approved landscaping plan at the end of two growing seasons, the Developer shall replace the material to the satisfaction of the City ARDEN HILLS CITY COUNCIL – OCTOBER 11, 2021 5 before the guarantee is released. Where this is not done, the City, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. 7. A Grading and Erosion permit shall be obtained from the city’s Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, MnDOT and Ramsey County prior to the start of any site activities. 8. Prior to the issuance of a grading permit, the City Engineer item identified in the October 11th Report to the City Council and the September 1, 2021 Engineering Division memo shall be addressed. All comments shall be adopted herein by reference. 9. The final plans shall be subject to approval by the City Engineer, Building Official, and Fire Marshal prior to the issuance of a grading and erosion control permit. 10. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director, City Engineer, and City Planner prior to the issuance of a grading and erosion control permit or other development permits. 11. Upon completion of grading and utility work on the site, a grading as-built and utility as- built shall be provided to the City for review. 12. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and storm water does not leave the project site. 13. The Applicant shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 14. A right-of-way permit shall be required for work performed within the City right-of-way. 15. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. 16. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 17. A separate sign permit shall be required for all signs on the site. 18. The sign copy area for the freestanding monument sign shall be reduced from 108 square feet to 100 square feet as allowed in Sign District 5. Wall signage shall be approved as requested by the Applicant. A separate sign permit is required for all proposed signage. 19. Any future trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 20. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be memorialized in the Development Agreement. 21. All disturbed boulevards shall be restored with sod. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. ARDEN HILLS CITY COUNCIL – OCTOBER 11, 2021 6 22. The Applicant shall provide an agreement for shared management and maintenance of the site access, parking areas, landscaping, snow removal and common areas for the City Attorney to review and for the City Council’s approval prior to the approval of the Master PUD Development Agreement. 23. The proposed structures shall conform to all other regulations in the City Code. 24. The Applicant shall provide a copy of the Stormwater Management Report and verification of Rice Creek Watershed approval prior to the approval of Development Agreement. 25. The Property Owner shall provide evidence of or obtain an ingress/egress easement for use of the western access located on 3728 Dunlap Street. 26. The sidewalk width along Grey Fox Road shall be increased from five feet to six feet. 27. The Applicant shall reconfigure the site layout between the number of off-street parking spaces and ratio of landscaping. 28. The Applicant shall meet transparency requirements for the outparcel building on the Lexington Avenue elevation. Councilmember Holden reported the applicant has three pages of flexibility requests for the Council to consider for this project. She explained she could not support this project unless there were some major changes. She discussed the landscaping standards that were in place and expressed concern with how large this building was for the site. Councilmember Holmes indicated she was also concerned with the number of the variances that were being requested. She reported the Aldi building was not the concern. She stated she was having trouble with the two tenant building. She commented at this time she would have a hard time supporting this request. Councilmember Scott explained the PUD process allows the City to effectively negotiate with the applicant these flexibility requests. He stated the City has had similar requests from other developments in the community. He asked if the proposed building materials were the same as those used in other communities. Ryan Anderson, ISG and Aldi representative, reported this was the case. Councilmember Holmes noted she visited the two newest Aldi’s in Roseville. She believed that the proposed building façade was different from these two buildings. She indicated the brick was different and the stand alone building on Cleveland Avenue had a lot more windows with outdoor seating. Mr. Anderson explained from an engineering standpoint the buildings were similar. He noted the brick has multiple color schemes and indicated this was the preferred color. He reported the brick color was not a sticking point and could be modified. He stated the building in Roseville was unique and did have more windows because it was an interior facing building. He commented the Arden Hills Aldi would have and outdoor patio with seating. Councilmember Holmes feared that some of the responses from Mr. Anderson were simplistic in nature. She requested Mr. Anderson provide the Council with more detail when responding to questions. ARDEN HILLS CITY COUNCIL – OCTOBER 11, 2021 7 Mr. Anderson reported the proposed Aldi would look like the stores that have been built recently and would not look like the stores that were built 10 years ago. Councilmember Scott commented on the proposed sign variance and noted he did not have a problem with this request because other businesses along Lexington Avenue have made this same request. He noted he did have a concern with the setbacks for the front tenant building. He encouraged the applicant to do whatever possible to ensure that the public did not have to look at the rear side of a building when entering this site, but rather to provide four sided architecture. Mayor Grant explained there were 15 major areas with this project and 10 required variances. He requested further information on staff regarding the 60 day deadline. Senior Planner Jagoe reported the City received the completed application on August 19, 2021 and the City must act on the request by October 18, 2021. Mayor Grant noted he had a problem with the amount of the development on the site, which was impacting the landscaping plan, side yard setbacks and building positioning. He commented he had a large issue with the off street parking setbacks. He indicated the building façade and building materials themselves were also a concern to him. He reported the building materials could have been enhanced given there were so many other flexibility requests, but the applicant failed to do this. He stated he had an issue with the amount of wall signage and encouraged the applicant to meet the City’s monument sign requirements. He believed that the developer was trying to put too much onto too small of a foot print for this development. He commented at this time he could not support this request. Mr. Anderson stated he understood the number of variances being requested was a concern. He reported the minimum parking requirements required flexibility due to the shared uses on the site. He commented on the freestanding sign size and noted the Planning Commission did not have a concern with being eight feet over the 100 square foot requirement. He indicated he would be more than happy to make adjustments in order to meet the City’s requirements. He clarified that 50% of the greenspace added was along the front of the building and 50% was in the rear of the building. He explained there was a massive amount of above ground and underground utilities along Grey Fox Road which requires the street trees to be in the islands. Mayor Grant questioned if there were drainage basins in the areas where snow would be stored in the winter months. He asked how the water would be channeled in this area. Mr. Anderson reported there were no drainage basins in this area. He reported the parking lot was graded with a 2% grade to ensure adequate drainage. He noted the site had catch basins along the parking lot along with a large underground stormwater system to meet all of the City and Rice Creek Watershed’s requirements. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to deny Planning Case 21-019 for a Preliminary Plat, Final Plat, Master Planned Unit Development, and Site Plan Review at 3737 Lexington Avenue and 1133 Grey Fox Road. ARDEN HILLS CITY COUNCIL – OCTOBER 11, 2021 8 Councilmember Holmes stated she would support this matter being tabled versus the item being denied. She commented she would like to see only the Aldi building on this property without the second building. She explained if the item were denied altogether the applicant could not alter the plans. Councilmember Holden indicated she did not support this item being tabled because the applicant has been told to not have so many buildings, to reduce the number of variances and the applicant has chosen not to do this. She commented if the item were tabled it would come back to the City Council and would not go before the Planning Commission. She believed the plans needed to be significantly altered prior to being reconsidered by the Council. She reported the same concerns that are being voiced this evening have already been voiced to the applicant and the applicant had not heeded these concerns. Councilmember Scott stated he was surprised and pleased that the applicant had come back with changes. He commented on how the national coffee house had been changed to a dental/bank building. He appreciated the fact that the applicant had addressed some of the concerns, and understood there were still some concerns out there. He reported the Council has a history of accommodating and working with developers. He stated he was not in favor of denying the request, but would support tabling the matter. Mayor Grant commented the concern with this PUD was the number of variances being requested. He stated he was not seeing what the applicant was bringing to the City. He noted a PUD was not a license to do away with City Code requirements. He explained he would like to see this project reconfigured. Councilmember Holden discussed the flexibility that was granted for Lexington Station Phase 3. She did not believe there were any projects in the City where more than 15 flexibility variances were granted. Councilmember Scott reported this site was an eyesore and he would like to see it redeveloped. He indicated he was willing to negotiate on these items. Mayor Grant commented staff neglected to state this site would require additional flexibility in order to have a drive thru, which was another matter for the Council to consider. He discussed how business models were changing due to COVID and noted the number of drive thrus in the community may be on the rise. He stated he did not have a problem with the drive-thru on the site. He believed there were enough concerns with this project and that they could not be solved from the bench. Councilmember Holmes indicated the building orientation was in compliance with the zoning code. She noted she had major concerns with the parking and setbacks. She did not believe the second building fit on this site. She commented on the number of variances that have been approved over the past 16 years that she has been serving on the City Council and did not recall the Council ever granting variances to allow a second structure on a property that was not part of the main business. She asked if the applicant would be willing to consider just an Aldi building on this site without the second building. ARDEN HILLS CITY COUNCIL – OCTOBER 11, 2021 9 Dan Terwilliger, Launch Properties, stated he has looked into this and with the purchase price it does not make financial sense to have only an Aldi building. He indicated this was the reason the developer was asking for flexibility to allow the two buildings. He explained he has been working on this site for over a year and a half. Mayor Grant requested a roll call vote. A roll call vote was taken. The motion to deny Planning Case 21-019 for a Preliminary Plat, Final Plat, Master Planned Unit Development, and Site Plan Review at 3737 Lexington Avenue and 1133 Grey Fox Road carried 3-1 (Councilmember Scott opposed). City Attorney Jamnik explained he would draft the Findings of Fact to support the denial and the Council would be asked to ratify these findings at its October 25, 2021 City Council meeting. 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS Councilmember Scott commended City Clerk Julie Hanson for completing her Certified Municipal Clerk designation. Councilmember Scott stated the Recreation Department would be hosting a flashlight pumpkin hunt on Saturday, October 16. He noted registration for this event was available online. Councilmember Holmes asked if a letter was sent to the County regarding 24 hour park hours. City Administrator Perrault explained this is still in progress as the County Board meeting is not until November. Councilmember Holmes reported traffic was flowing much better around the Mounds View High School, but noted she would like to discuss this item at a future worksession meeting. Councilmember Holmes stated on Tuesday, October 5 she attended a meeting with Ramsey County where the Lake Johanna corridor was discussed. She noted this meeting was very well attended and she appreciated all of the feedback that was provided to the County. Councilmember Holmes commented on Friday, October 8 the Ramsey County League of Local Government held a program regarding homelessness in Ramsey County. Mayor Grant reported he attended the 30th Anniversary of CTV 15 with City Administrator Perrault and Councilmember Scott. Mayor Grant reminded the Council there would be a groundbreaking ceremony for New Perspectives on Wednesday, October 13 at 12:00 p.m. ARDEN HILLS CITY COUNCIL – OCTOBER 11, 2021 10 Mayor Grant stated he received an email as well as a phone call from a resident regarding park hours. He noted this was useful information that was forwarded onto the City Council. Mayor Grant commented there would be two listening sessions for the Snelling Avenue project. The first session would be in person on Wednesday, October 20, and the second session would be virtual on Friday, October 15 with feedback being accepted through Sunday, October 24. Mayor Grant explained the City Council could not answer questions that relate to the non- disclosure agreement with Ramsey County. City Attorney Jamnik advised the Council that engaging in a discussion was not the way to maintain the integrity of the mediated settlement or the confidentiality agreement. He noted the Councilmembers were free to state what they would like to see there, but were encouraged not to make any reference to anything that the City negotiated or discussed in the mediation. Mayor Grant recommended the City Attorney draft a response outlining these points for the public. Councilmember Holmes recommended Arden Hills position on affordable housing be addressed along with the fact that Arden Hills had negotiated. She explained another venue for discussions and negotiation was the JDA meetings, which the County was refusing to attend. Mayor Grant commented he has been watching the COVID numbers and they seem to be escalating within Ramsey County and the State of Minnesota. He stated he supported Council meetings being held at City Hall for the time being and encouraged everyone to stay safe. ADJOURN MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adjourn. The motion carried (4-0). Mayor Grant adjourned the Regular City Council Meeting at 8:32 p.m. __________________________ __________________________ Julie Hanson David Grant City Clerk Mayor Approved: Approved: November 8, 2021 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION OCTOBER 18, 2021 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session at 5:00 p.m. Present: Mayor David Grant, Councilmembers Fran Holmes, Steve Scott, and Brenda Holden (attending remotely) Absent: Councilmember Dave McClung (excused) Also present: City Administrator Dave Perrault, Public Works Director/City Engineer David Swearingen, Finance Director Gayle Bauman, Senior Planner Jessica Jagoe, Deputy City Clerk Jolene Trauba, and HR Green Regional Manager John Morast Councilmember Holmes requested to add additional items for Mounds View High School (MVHS) and Parks, Trails and Recreation Committee (PTRC). 1. AGENDA ITEMS A. Speed Limit Discussion Public Works Director/City Engineer Swearingen noted that in a previous meeting staff gave a list of City streets that are eligible to have speed limit changes. Cost estimates are broken down into material costs, and crew time and cost. Material costs are around $3,500. Consultant time costs will take include finalizing sign locations, getting permits required by Ramsey County, and communicating with residents. Mayor Grant asked who would be making sure the sign location sites are ok. Public Works Director/City Engineer Swearingen recommended it be an engineer. He is asking to have HR Green proceed with the rest of the project. Mayor Grant asked if the Council wants to change to 25 mph. Council agreed to 25 mph. ARDEN HILLS CITY COUNCIL WORK SESSION – OCTOBER 18, 2021 2 Councilmember Holden commented that they could reuse some of the 30 mph signs. Public Works Director/City Engineer Swearingen added that there is no proposal at this time, but HR Green gave an estimate between $3,000-$5,000. HR Green Regional Manager Morast confirmed that the cost would include coordination of the entire project, visiting sign locations to be sure there are no conflicts or sign pollution, and determining what can be re-used, in addition to the work they’ve already done. They will coordinate permitting with Ramsey County and provide communications. Mayor Grant if HR Green would give them a proposal. Mayor Grant suggested they provide information to major employers. Councilmember Holden felt postcards could be sent. Mr. Morast said most of the cost of the proposal will be for staff time to look at signs and locations, that and other costs will be itemized on the proposal. Mayor Grant said they will need to review the proposal and decide if they will give the work to HR Green or have staff complete the work. Discussion ensued regarding the timeline of the project. It was decided that the proposal could be reviewed in November, approval in December, with work beginning as soon as possible in the spring. B. State of the City Update City Administrator Perrault distributed an updated slide deck for the State of the City. He would like to have Council decide what categories they will each take. The pre-recording is set for October 28 at either City Hall or NineNorth. Councilmember Scott recommended making a short mention of the National Guard’s new headquarters. Mayor Grant suggested additional wording to the TCAAP update. During discussion other changes to the slide deck were suggested. It was decided that Mayor Grant would take the COVID-19 and City Operations slide, TCAAP Overview, and TCAAP Update. Councilmember Holmes would do Planning, Developments, and Code Enforcement Complaints. Councilmember Scott was assigned the Census, Building Inspections and Public Safety slides, and Councilmember Holden would take Public Works, PMP, and Trail Priorities. Mayor Grant would finish with Finances and Property Taxes. City Administrator Perrault said he would have the scripts to the Council by Friday, he would incorporate changes on Monday and get a master slide deck sent for final review. Further discussion ensued on individual slides and changes requested. ARDEN HILLS CITY COUNCIL WORK SESSION – OCTOBER 18, 2021 3 C. Water Meters Update Mayor Grant stated the City should absorb the costs as outlined on the memo. Councilmember Holmes disagreed. She felt the charges should be assessed. She referred to an email from the City Attorney. Finance Director Bauman said the units in question had not been sold in the three years under discussion. She hadn’t contacted any of the residents yet, and there would be 15 in total affected. She also has a couple of commercial accounts she’d like review. Councilmember Holmes felt they should charge the customers. Councilmember Scott said he initially thought it should be absorbed but because we don’t know what the total amount is they should be given a generous payment schedule. Councilmember Holden thought they should pay the full amount for 2021 only. Councilmember Holmes suggested 50/50. Mayor Grant said he was ok with 50/50. Councilmember Scott agreed but with a generous time allowed for payment. Finance Director Bauman said they could be given the same length of time as it took them to accrue. She also noted that as of that morning 50 people had signed up for EyeOnWater monitoring. D. Sale of City Owned Parcel at 3588 Ridgewood Road Senior Planner Jagoe stated that based off of the direction given by the Council, Staff presented this item to the Planning Commission for review of consistency with the City’s Comprehensive Plan. At their October 6th meeting, the Planning Commission motioned by a 5-0 vote that a potential sale of City owned property at 3588 Ridgewood Road would be in compliance with the City’s Comprehensive Plan. The City Attorney has confirmed that the Planning Commission does not have the authority to add conditions to direct the terms of the sale and that type of action would fall under the purview of the City Council. Staff is bringing this discussion back to the City Council for direction on next steps for listing the parcel. The City Attorney has confirmed that a competitive bidding process for the sale is not required. Possible actions for consideration: • Conduct an appraisal of the property to determine listing price. Ramsey County records show the value of the parcel at $68,400. • Market the property to adjacent Property Owners similar to the right of first refusal, or broaden the sale to the general public. Any future listing would clearly outline the conditions of sale as previously discussed. • If public listing, Staff would ask for direction on staff marketing the property or contract with a licensed real estate agent/broker. Staff has been approached by a realtor about the process for agent/broker selection. • List the property and allow a defined period of time for offers to be submitted. ARDEN HILLS CITY COUNCIL WORK SESSION – OCTOBER 18, 2021 4 Councilmember Holmes suggested the property be put up for auction and specify that variances would be unlikely to be granted. Councilmember Scott felt it would look poorly if the public couldn’t bid on the property. Councilmember Holden agreed that they should make it available to anyone, and sell it at market rate. Mayor Grant asked how they would like to sell the property; he felt they should list it on the MLS where they would have more control over traditional transactions. Councilmember Scott said a realtor needed to be someone totally independent from the City. Senior Planner Jagoe confirmed that the agent that approached the City also represents one of the potential buyers. Councilmember Holden suggested that if they use a realtor they should ask for a reduced rate. Councilmember Scott felt it was important to list the property on the MLS. Mayor Grant said the Council would have to decide which offer to take. Senior Planner Jagoe mentioned that per City Code, a driveway would need to come off of Ridgewood Road. Discussion ensued regarding placement of a potential driveway and home, and the placement of the current neighboring driveway. Mayor Grant directed staff to have a realtor evaluate the property and bring the information back to Council. E. 2022 Liquor and Tobacco License Fees Mayor Grant asked if they wanted to raise liquor and license fees. Fees are currently in the middle range compared to surrounding cities. After discussion, staff was directed to leave liquor and tobacco license rates as is for 2022. F. LJFD Update City Administrator Perrault stated he took the Council’s recommendation for a 1-1-1 vote to the other two cities, Shoreview wasn’t comfortable with it and presented a 2-1-1 voting structure for the JPA only. The JPA would be used to acquire funding. Discussion ensued, Council agreed to a 2-1-1 voting scenario for the JPA. ARDEN HILLS CITY COUNCIL WORK SESSION – OCTOBER 18, 2021 5 G. Community Development Staffing City Administrator Perrault said they had received two applications for Community Development Director, interviews were held but staff is not bringing a recommendation to the Council. After discussion with the Personnel Committee an option would be to elevate the current Senior Planner to City Planner and hire a new Senior Planner, which would leave the Community Development Director position vacant. He would bring back discussion on a Building Official at a later time. Councilmember Holden said the Personnel Committee would want a high quality Senior Planner, and she wondered about a combination City Planner/Community Development Manager. City Administrator Perrault said the Community Development Manager duties had been taken off of the City Planner posting, but it could be reassessed in six months to a year. He noted that he has been very pleased with Senior Planner Jagoe’s performance. Council was in agreement to promote the Senior Planner to City Planner. City Administrator Perrault said he would put the promotion on an upcoming Council meeting under Consent along with the request to authorize a search for the vacancy. H. Mounds View High School (MVHS) (Added by Councilmember Holmes) Councilmember Holmes stated that the SRO has been directing traffic at Lake Valentine Road and Fairview and that area seems to be under control. But on the west side of the property where parents come out of the circle and students are coming out of the parking lot there is a traffic jam. Currently the assistant principals are directing traffic. The PUD says that the City can force them to hire the Sheriff to direct traffic instead of their staff. Councilmember Holden said it is the City’s liability and so they should have the Sheriff direct traffic. Public Works Director/City Engineer Swearingen noted that the improvements on that stretch of road aren’t complete but the newer design will have better alignment. Mayor Grant felt the school should hire a Sheriff because they created the traffic problem. City Administrator Perrault read the applicable section of the PUD. Councilmember Holden expressed interest in having a meeting with the school, engineer and Council. Mayor Grant said staff could meet to review per the PUD agreement and discuss if the SRO is sufficient given what they are currently experiencing. Discussion ensued about getting a letter of support from Bethel University regarding the new trail along Lake Valentine Road. ARDEN HILLS CITY COUNCIL WORK SESSION – OCTOBER 18, 2021 6 I. Parks, Trails and Recreation Committee (PTRC) (Added by Councilmember Holmes) Councilmember Holmes wondered why PTRC was looking at staffing and a destination park and if Council was going to have a joint meeting with them. Mayor Grant responded that staffing is not a concern of PTRC. If they want to talk about a destination park they can but it would be up to the Council to decide on funding. PTRC wants to talk about a work plan and have the Council approve it. Councilmember Holden felt staffing should be off the table for PTRC. Mayor Grant agreed and said the PTRC Chair put the item on the agenda. Public Works Director/City Engineer Swearingen said he had asked staff what the item was about. He was told the Chair wanted it on the agenda but there was no background information. J. Council Tracker After discussion, Mounds View High School Traffic Meeting was added to the tracker. County Sidewalk on Lexington Corner and Official Controls and B2 Zoning Setback Requirements were removed from the tracker. 2. COUNCIL/STAFF COMMENTS Councilmember Holden said there has been a white car in the northwest corner of the parking lot at Hazelnut Park and wanted the Sheriff to patrol the park after 9 p.m. Mayor Grant suggested the Sheriff park their vehicle there to watch them. Councilmember Holmes wondered if there were plans to have the NYFS director speak to the Council. She would like to know if Arden Hills residents get any services that are different from someone that lives in a city not donating to NYFS. Mayor Grant proposed they do a presentation at a Council meeting outlining their services. Councilmember Holden said she would like to know what other organizations give the same things to the community. Mayor Grant said they will decide on a work session to have NYFS present to the Council. Councilmember Scott said he was disappointed there would not be a Public Works lunch. Also, he went to the Parks and Rec Pumpkin Hunt and it was a great event. Mayor Grant noted that some parents with children attending Valentine Hills Elementary don’t want them to ride the bus, so at the end of the school day County Road E2 is parked with cars on both sides of the road, so there are issues there along with the high school. ARDEN HILLS CITY COUNCIL WORK SESSION – OCTOBER 18, 2021 7 Mayor Grant mentioned there are no parking signs on Chatham that were covered with garbage bags and duct tape, he would like staff to look into it. City Administrator Perrault stated that he sent an updated draft of the park ordinance letter to the Council and asked if they would let him know if they have additional comments. Also, there will be a virtual Lake Johanna Fire Department Relief Association meeting the same night as the Snelling Avenue Open House at City Hall. Councilmember McClung would not be attending so if another Councilmember wished to attend they would be welcome to do so. ADJOURN Mayor Grant adjourned the City Council Work Session at 7:40 p.m. __________________________ __________________________ Jolene Trauba David Grant Deputy City Clerk Mayor CONSENT ITEM - 3A MEMORANDUM DATE: November 8, 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 2021 Payroll #22 $76,570.59 Total Payroll $76,570.59 Paid Claims - 10/16/21 through 10/29/2021 (Check Nos. 50426-50456 and ACH Checks)$414,574.82 Total Accounts Payable $414,574.82 Total Claims $491,145.41 CITY OF ARDEN HILLS PAYROLL # 22 CHECKS DATED: 10/29/21 Biweekly: 10/09/21 - 10/22/21 EMPLOYEE DEDUCTIONS AMT.Payment Method FIT 6,552.48 EFT SIT 2,827.45 EFT FICA Oasdi 4,070.47 EFT FICA Medicare 951.98 EFT TOTAL TAXES 14,402.38 Health Premium 0.00 A/P Check* Dental Premium 0.00 A/P Check* FSA Health Care Reimb.0.00 A/P Check* FSA Dependent Care Reimb.0.00 A/P Check* TOTAL FLEXIBLE SPENDING 0.00 HSA Health Saving 0.00 Health Care Savings Plan-Retirement EFT Health Care Savings Plan-2%534.98 EFT Health Care Savings Plan-4%449.01 EFT TOTAL HEALTH SAVINGS 983.99 PERA 3,891.13 EFT ICMA 2,330.17 EFT Central Pension Fund-Union 614.40 A/P Check* MN State Retirement System 799.58 EFT TOTAL RETIREMENT 7,635.28 IUOE 49 Dues (Union)A/P Check* LTD/STD Insurance A/P Check* PERA Life Insurance A/P Check* Life/Addl/Dep Life A/P Check* Life/Addl non-tax A/P Check* UNUM A/P Check* AFLAC EFT TOTAL VOLUNTARY 0.00 Total Employee Deductions 23,021.65 Net Payroll 0.00 Direct Deposit 43,615.00 EFT Gross Payroll Tie-Out 66,636.65 Plus City Paid Benefit 9,933.94 TOTAL PAYROLL COST 76,570.59 FICA TIE-OUT Gross Payroll 66,636.65 Less Total FSA 0.00 Less Total H.SA 983.99 Less Voluntary Ins 0.00 Net P/R Subject to FICA 65,652.66 FICA Oasdi @ 6.20%4,070.47 FICA Medicare @ 1.45%951.98 Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax Deposit Service. Transfers are typically made up to two days after the payroll date. * A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report. Checks may be paid this week or the following week. CITY BENEFIT 4,070.47 951.98 5,022.45 0.00 0.00 0.00 0.00 0.00 4,489.75 421.74 4,911.49 0.00 0.00 Accounts Payable User: Printed: pang.silseth 11/1/2021 11:11 AM Checks by Date - Detail by Check Date Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0022 THOMAS MIKACEVICH 10/22/2021ACH 101521 Mileage 10/11-10/14 347.20 347.20Total for this ACH Check for Vendor 0022: 0339 FERGUSON WATERWORKS #2518 10/22/2021ACH 484427 meter box covers 669.24 669.24Total for this ACH Check for Vendor 0339: 0772 ESS BROTHERS & SONS INC 10/22/2021ACH BB9188 manhole frame/lid 693.00 693.00Total for this ACH Check for Vendor 0772: 0940 ZEE MEDICAL SERVICES INC 10/22/2021ACH 54054105 First Aid 51.50 54054105 First Aid 65.00 116.50Total for this ACH Check for Vendor 0940: 1785 ECOENVELOPES LLC 10/22/2021ACH 1943 October UB Processing 295.64 1943 October UB Processing 295.64 1943 October UB Processing 295.65 886.93Total for this ACH Check for Vendor 1785: 2490 CORE & MAIN LP 10/22/2021ACH P739060 Hydraguard 1,200.00 P739070 Paint 117.49 1,317.49Total for this ACH Check for Vendor 2490: 5587 CES IMAGING INC 10/22/2021ACH INV132613 October Rental 60.00 60.00Total for this ACH Check for Vendor 5587: 5665 METERING & TECHNOLOGY SOLUTION INC10/22/2021ACH 20468 HRE Meter 205.12 20468 Chick-Fil-A Meter 1,175.02 20504 HRE Meters 2,165.08 20527 Cellular Endpoints 289.43 20527 Cellular Endpoints-Chick-Fil-A 280.00 20528 HRE Meter 252.85 20531 Cellular Endpoints 3,640.00 20616 HRE Meters 352.47 20618 HRE Meter 95.64 Page 1AP Checks by Date - Detail by Check Date (11/1/2021 11:11 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 8,455.61Total for this ACH Check for Vendor 5665: ALPI ALLEGRA PRINT & IMAGING INC 10/22/2021ACH 164308 Business Cards-DS 136.42 164337 October Newsletter 1,680.36 1,816.78Total for this ACH Check for Vendor ALPI: ZARN ZARNOTH BRUSH WORKS INC 10/22/2021ACH 0186732-IN brooms and refills 1,382.00 1,382.00Total for this ACH Check for Vendor ZARN: 5593 AMERICAN LEGAL PUBLISHING CORP 10/22/202150426 11478 2021 S-36 Supplement Pages 45.00 45.00Total for Check Number 50426: 0131 BEISSWENGERS DO IT BEST 10/22/202150427 510741 Keys 11.94 11.94Total for Check Number 50427: 1033 COMCAST 10/22/202150428 44271.1121 Service10/21-11/20 6.57 6.57Total for Check Number 50428: 10244 COMCAST BUSINESS INC 10/22/202150429 131829961 October Service 495.26 495.26Total for Check Number 50429: DMLP DELL MARKETING LP 10/22/202150430 10524091567 Scanner-Acct Clerk 3,010.00 3,010.00Total for Check Number 50430: 5711 FROST INC 10/22/202150431 8825 pump repair kit 2,226.66 8830 supplies 63.35 2,290.01Total for Check Number 50431: 10218 HR GREEN INC 10/22/202150432 147262 RRA-September 979.50 147263 Streets-September 480.00 147263 Gen Engineering-September 11,611.45 147264 Lex Station Phase 3-September 46.25 147265 Engineering- Sept-PC 21-019 #596 1,470.00 14,587.20Total for Check Number 50432: 0495 LAKE JOHANNA FIRE DEPARTMENT INC10/22/202150433 822 2020 Cap Reimb-engine replacement 21,199.15 21,199.15Total for Check Number 50433: 0155 OFFICE OF MN IT SERVICES 10/22/202150434 W21090576 September Phones 750.32 Page 2AP Checks by Date - Detail by Check Date (11/1/2021 11:11 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 750.32Total for Check Number 50434: 10408 PAULSON & CLARK ENGINEERING 10/22/202150435 21970 HVAC Project 3,719.52 3,719.52Total for Check Number 50435: 1208 PREMIUM WATERS INC 10/22/202150436 610207-09-21 September Water 47.47 613317-09-21 September Water 40.48 87.95Total for Check Number 50436: 0811 RAMSEY COUNTY 10/22/202150437 EMCOM-009558 Fleet Support-September 24.96 EMCOM-009594 Dispatch-September 3,978.60 EMCOM-009611 CAD-September 544.99 FLEET-000669 September Fuel 2,243.36 PRMG-004483 Rental 1/1-6/30 28,757.03 PRMG-004483 Rental 1/1-6/30 14,378.51 PRMG-004483 Rental 1/1-6/30 14,378.51 PRMG-004483 Rental 1/1-6/30 6,390.45 PRRRV-001660 TIF admin Costs 2020 508.93 PRRRV-001660 TIF admin Costs 2020 528.05 PRRRV-001682 2021 SA Billing 17.50 PRRRV-001682 2021 SA Billing 80.83 PRRRV-001682 2021 SA Billing 80.84 PRRRV-001682 2021 SA Billing 505.00 PRRRV-001682 2021 SA Billing 80.83 72,498.39Total for Check Number 50437: 10472 THE LYNDE COMPANY 10/22/202150438 L180534-IN Antifreeze 178.95 178.95Total for Check Number 50438: 10473 TRAFFICALM 10/22/202150439 202677 Radar Feedback Sign 2,610.00 2,610.00Total for Check Number 50439: 1161 VALLEY-RICH CO INC 10/22/202150440 30015 Repair gate valve-Cleveland Ave 8,950.00 8,950.00Total for Check Number 50440: 9755 VERIZON CONNECT NWF INC 10/22/202150441 OSV000002568066 September Service 323.80 323.80Total for Check Number 50441: 146,508.81Total for 10/22/2021: 0382 ICMA RETIREMENT TRUST - 106944 10/29/2021ACH PR 21-22 PR Batch 00300.10.2021 ICMA Employee Percent 401PR Batch 00300.10.2021 ICMA Employee Percent 401 365.51 PR 21-22 PR Batch 00300.10.2021 ICMA Employer Percent 401PR Batch 00300.10.2021 ICMA Employer Percent 401 421.74 787.25Total for this ACH Check for Vendor 0382: Page 3AP Checks by Date - Detail by Check Date (11/1/2021 11:11 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription 0387 ICMA RETIREMENT TRUST #302482 10/29/2021ACH PR 21-22 PR Batch 00300.10.2021 ICMA Employee DeductionPR Batch 00300.10.2021 ICMA Employee Deduction 1,736.54 PR 21-22 PR Batch 00300.10.2021 ICMA Employee PercentPR Batch 00300.10.2021 ICMA Employee Percent 228.12 1,964.66Total for this ACH Check for Vendor 0387: 0469 PEMBER COMPANIES INC 10/29/2021ACH 12611 Karth Lake Pay1 -6,705.75 12611 Karth Lake Pay1 134,114.95 127,409.20Total for this ACH Check for Vendor 0469: 0750 VERIZON WIRELESS 10/29/2021ACH 9890358960 Service 9/11-10/10 973.13 973.13Total for this ACH Check for Vendor 0750: 10422 MATTHEW SEIFERT 10/29/2021ACH 102521 Mileage 10/11-10/14 371.84 371.84Total for this ACH Check for Vendor 10422: 1125 BOLTON & MENK INC 10/29/2021ACH 277355 8/21/21-9/17/21 Planning Services 177.00 277355 Planning and Zoning 3,833.50 277355 MVPS PC 21-017 #593 235.50 277355 8/21/21-9/17/21 Planning Services 944.00 277355 Launch Properties PC 21-019 #596 550.00 277355 8/21/21-9/17/21 Planning Services 59.00 5,799.00Total for this ACH Check for Vendor 1125: 4889 COMMUNITY FOOTWORKS 10/29/2021ACH 10062021 October Foot Clinic 213.50 213.50Total for this ACH Check for Vendor 4889: UB*00520 Shirley Dorow 10/29/202150442 Refund Check 000204-000, 4385 Arden View Court 54.21 54.21Total for Check Number 50442: UB*00521 Chad Eiswald 10/29/202150443 Refund Check 002397-000, 1150 Benton Way 1,105.52 1,105.52Total for Check Number 50443: 0176 FRATTALLONES HARDWARE INC 10/29/202150444 093533/A supplies 2.99 2.99Total for Check Number 50444: AR-FRAT1 FRATTALONE COMPANIES INC.10/29/202150445 SP 2018-01333 Escrow Refund SP 2018-01333; 4800 Hamline Ave 2,320.00 2,320.00Total for Check Number 50445: UB*00513 Tian He 10/29/202150446 Refund Check 006806-000, 4519 Royal Hills Drive 11.23 11.23Total for Check Number 50446: UB*00514 Diane Holland 10/29/202150447 Page 4AP Checks by Date - Detail by Check Date (11/1/2021 11:11 AM) Check No Check DateVendor NameVendor No Check Amount Invoice No ReferenceDescription Refund Check 012352-000, 4082 Valentine Crest Road 212.04 212.04Total for Check Number 50447: UB*00517 Bryan & Kristin Jones 10/29/202150448 Refund Check 003660-000, 1305 Tiller Lane 11.72 11.72Total for Check Number 50448: AR-MOUN1 MOUNDS VIEW PUBLIC SCHOOLS 10/29/202150449 PC 18-014 Escrow Refund PC 18-014; 1900 Lake Valentine Rd 58,993.75 58,993.75Total for Check Number 50449: UB*00518 Clifford Nimis 10/29/202150450 Refund Check 001905-000, 1485 Glenhill Road 41.33 41.33Total for Check Number 50450: 0811 RAMSEY COUNTY 10/29/202150451 PRMG-004517 PW Facility Rental 7/1-12/31 14,378.51 PRMG-004517 PW Facility Rental 7/1-12/31 28,757.03 PRMG-004517 PW Facility Rental 7/1-12/31 6,390.45 PRMG-004517 PW Facility Rental 7/1-12/31 14,378.51 PRRRV-001702 2021 Recycling 1,299.00 65,203.50Total for Check Number 50451: 6748 RELIANCE STANDARD 10/29/202150452 GL154938.1121 November Insurance 1,252.23 1,252.23Total for Check Number 50452: UB*00516 SARA SANDAHL 10/29/202150453 Refund Check 011762-000, 1434 County Road E W 132.24 132.24Total for Check Number 50453: UB*00519 Scott & Melissa Steinberg 10/29/202150454 Refund Check 002685-000, 1130 Tiller Lane 17.48 17.48Total for Check Number 50454: UB*00515 The Estate of Melanie Henderson 10/29/202150455 Refund Check 005613-000, 2020 Glenpaul Avenue 189.19 189.19Total for Check Number 50455: AR-UNIV3 UNIVERSAL SERVICES INC 10/29/202150456 ROW 2021-00757 Escrow Refund ROW 2021-00757; 3717 Lexington Ave 1,000.00 1,000.00Total for Check Number 50456: 268,066.01Total for 10/29/2021: Report Total (48 checks): 414,574.82 Page 5AP Checks by Date - Detail by Check Date (11/1/2021 11:11 AM) CONSENT ITEM – 3B MEMORANDUM DATE: November 8, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director SUBJECT: 2022 Curbside & Non-Curbside Recycling Fees Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: •Resolution 2021-063 setting the 2022 Curbside and Non-Curbside Recycling Fees All items need a simple majority for action unless otherwise noted. Background Republic Services provides curbside recycling collection. The recycling budget is an enterprise fund that receives revenues from the annual household fee that is applied to the property taxes and from the SCORE grant provided by Ramsey County. The majority of the expenses are for the collection services provided by Republic Services. Since there are no other dedicated funding sources, the revenue must be balanced with the expenses. Discussion The per unit fee charged by Republic Services for curbside collection is expected to increase in May 2022 based on changes in the Consumer Price Index (CPI) from the Federal Reserve for the Upper Midwest. Based on the anticipated cost of the collection services and the expected revenue from the SCORE grant funds and revenue share, the annual fee for residents receiving curbside collection is proposed to increase from $57.50 to $58.00. Staff is proposing no increase in the annual fee for each housing unit that is not part of the curbside recycling program. The current fee is $3.50. This fee is applied to Cottage Villas, Hunters Park Condos, Parkshore Apartments, Arden Manor, E Street Flats, Arden Flats, and Johanna Shores. Ramsey County requires recycling fees to be set by the end of November so they can add them to the upcoming year’s property taxes. Budget Impact This information is included in the proposed 2022 budget. Attachments A.Resolution 2021-063 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. 2021-063 RESOLUTION ESTABLISHING THE SERVICE FEE CHARGE FOR THE 2022 RESIDENTIAL CURBSIDE RECYCLING PROGRAM WHEREAS, the City of Arden Hills has an established curbside recycling program in place for Arden Hills residents; and WHEREAS, the City will continue the program into the year 2022; and WHEREAS, the City Council of Arden Hills has entered into a Joint Powers Agreement (JPA) with Ramsey County to assess residential property owners fees to support the recycling program; and WHEREAS, the City of Arden Hills wishes to continue this funding mechanism. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the funding rate for residential recycling for the year 2022 is hereby established at $58.00 per residential unit that is offered curbside recycling services, and $3.50 per residential unit that is not offered curbside recycling services. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 8th DAY OF NOVEMBER, 2021. ________________________________ David Grant, Mayor ATTEST: ______________________________ Julie Hanson, City Clerk Page 1 of 2 DATE: November 8, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: 2022-2024 Agreement for Law Enforcement Services Budgeted Amount: Estimated Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • 2022-2024 Agreement for Law Enforcement Services with the Ramsey County Sheriff’s Office. All items need a simple majority for action unless otherwise noted. Background The City of Arden Hills law enforcement services contract with the Ramsey County Sheriff’s Office expires at the end of this year. This contract is typically renewed every three years by the member cities. The Ramsey County Sheriff’s Office has been providing policing services to the City of Arden Hills since 1980. Currently, other cities include Vadnais Heights, Shoreview, Little Canada, Falcon Heights, North Oaks, and White Bear Township. The total 2022 budget for the Sheriff’s contract is $10,728,194.74, and Arden Hills’ share of this is $1,394,124.89 or 13 percent of the total budget (this is before any offsetting revenue). The contract will last thru 2024, however, there is a termination clause that allows either party to terminate the contract at the end of a calendar year with a nine month notice prior to termination. Budget Impact The Sheriff’s budget is included in the City’s preliminary budget proposals previously viewed by the City Council. CONSENT ITEM – 3C MEMORANDUM Page 2 of 2 Attachments Attachment A: 2022-2024 Agreement for Law Enforcement Services Page 1 of 1 DATE: November 8, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: HCSP Contribution Termination Budgeted Amount: Estimated 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 terminate the contract for HCSP contributions by City employees and adjust the Personnel Policy accordingly. All items need a simple majority for action unless otherwise noted. Background The City Council discussed the Health Care Savings Plan (HCSP) clauses in the Personnel Policy and Union Contract at a previous work session. Following that discussion, Council directed Staff to bring forward a formal approval to allow the City Administrator to remove the language from the Personnel Policy and work with HCSP on any needed clean up to terminate the contributions to the plan. The Personnel Policy language will be changed to reflect that any accrued comp time, flex time or PTO shall be paid to the employee upon separation not to exceed any applicable accrual caps. Note, the Union Contract still calls for these contributions until the end of the year. Depending on HCSP’s preference, the changes in the Personnel Policy may not become effective until the end of the year to coincide with the Union’s contract. Budget Impact No significant budget impacts are expected as a result of these changes. Attachments N/A CONSENT ITEM – 3D MEMORANDUM Page 1 of 1 DATE: November 8, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: LMCIT Request for Payment Budgeted Amount: Estimated Amount: Funding Source: N/A $261,460.38 Risk Management Fund Council Should Consider Motions to approve, table, or deny the following: • LMCIT Request for Payment in the amount of $261,460.38 All items need a simple majority for action unless otherwise noted. Background The League of Minnesota Cities Insurance Trust (LMCIT) is requesting payment from the City in the amount of $261,460.38 for the City’s share of the litigation brought against the City by the County. The City’s insurance did cover a majority of the costs, but the City is liable for a portion of the cost. The attached memo from LMCIT breaks down the charges. Note the request for payment is by November 4th, but LMCIT is aware of this going to Council on November 8th and a payment will be issued later in the week. Budget Impact This will come from the City’s Risk Management Fund, which has a cash balance of approximately $435,368. While these dollars are sufficient to cover the payment to LMCIT, the City will want to monitor the Risk Management Fund to ensure it has sufficient balances going forward. Attachments Attachment A: LMCIT Letter CONSENT ITEM – 3E MEMORANDUM October 4, 2021 David Perrault, City Administrator City of Arden Hills 1245 Highway 96 W. Arden Hills, MN 55112-5743 RE: TrustMember: City of Arden Hills Claimant: Ramsey County, Minnesota Our File: GL 87129 Dear Mr. Perrault: As you know, this case has come to a conclusion. It involved a dispute between the plaintiff and city over the redevelopment of the Twin Cities Army Ammunition Plant (TCAAP) site, later renamed Rice Creek Commons. The parties were unable to come to an agreement regarding key aspects of the project, including financing, density, and affordable housing, and were unable to finalize a Master Development Agreement or Cooperative Financing Agreement. The plaintiff alleged the city was in breach of contract (a breach of the Joint Powers Agreement) and was in breach of the implied covenant of good faith and fair dealing. They asked that the Court declare the Joint Powers Agreement (JPA) and the Joint Development Authority (JDA) to be null and void and of no further purpose or effect. Further, they asked that the Court declare they have discharged its obligations under the JPA and are under no continuing obligation to perform under the JPA except as necessary to wind down the JDA and to dispose of or resolve any joint assets or liabilities. The plaintiff asked the Court to Order the city to participate and cooperate in winding down the JDA. The District Court denied the summary judgment motions of both the plaintiff and city. Neither party filed an appeal. We did not make any payment to the plaintiff. However, LMCIT did incur $794,275.95 in litigation costs (legal defense costs). As per my letter to you of May 19, 2019, LMCIT handled this claim as land use and special risk litigation. The coverage agreement states that LMCIT will pay 100% of the first $25,000 of litigation costs (city qualified for the land use incentive), 85% of the next $225,000 of litigation costs, and 60% of any litigation costs in excess of $250,000 which are incurred after the litigation has been reported to LMCIT. The amount LMCIT pays for litigation costs for land use and special risk litigation is subject to the Municipal Liability Deductible shown in the Municipal Liability Declarations, or the General David Perrault 10-04-21 Page 2 Annual Aggregate Deductible (GAAD), if any, shown in the Common Coverage Declarations. This claim was handled under your Covenant Number CMC 1001318-3 with a coverage period from January 1, 2019 to January 1, 2020. Under this covenant, there is a Municipal Liability Deductible of $10,000 per occurrence and a GAAD of $20,000. If the GAAD is satisfied, there is a Maintenance Deductible of $1,000 per occurrence. I have confirmed that the city has not satisfied the GAAD. As such, the applicable deductible for this claim is $10,000. The deductible is applied to the percentage of the costs that would otherwise be paid by LMCIT. The city’s co-pay amounts (i.e., the percentages of litigation costs for which the city is responsible) do not count toward satisfying the city’s deductible. The city’s responsibility is as follows: Deductible = $10,000.00 15% co-payment on litigation costs from $25,000 to $250,000 = $33,750.00 40% co-payment on litigation costs in excess of $250,000 = $217,710.38 Total = $261,460.38 Please issue a check for $261,460.38 payable to LMCIT and forward it to this office. Attach a copy of this letter with your check or reference our file number of GL 87129 on the check. Payment is due by November 4, 2021. If you have any questions, feel free to contact me at 651-281-1282. Very truly yours, Mark Rossow Claims Supervisor cc: Mark Lenz-North Risk Partners Page 1 of 2 CONSENT ITEM – 3F MEMORANDUM DATE: November 8, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: 2021 CIPP Lining Project Contract Budgeted Amount: Actual Amount: Funding Source: $220,000 $190,249.70 Sanitary Sewer Utility Fund, I & I Grant Funds Council Should Consider Motion to approve, table, or deny the following: • Construction Contract with Insituform Technologies USA, LLC for the 2021 CIPP Lining Project in the amount of $190,249.70. All items need a simple majority for action unless otherwise noted. Background/Discussion Through the sanitary sewer maintenance program, inspections identified four segments of sewer needing repairs due to significant cracks or voids in the pipes and also segments of clay pipe that indicated a need for lining rehabilitation. The location of the four areas are identified on the map within Attachment B. On September 27, 2021, a solicitation package was mailed to three contractors to obtain bids for installing cured in place pipe (CIPP) lining for the four deteriorated pipe segments. A total of three bids were received on October 18, 2021. A tabulation of the project bids is provided in Attachment A. Page 2 of 2 Insituform recently completed work within the 2021 PMP Street and Utility Improvement Project. Staff recommends awarding a contract for the lowest bid to Insituform Technologies USA, LLC. A copy of the recommended construction contract is provided in Attachment C. The contract substantial completion date for the repairs is December 31, 2022, keeping this work eligible for the I & I Grant reimbursement funds. Budget Impact I/I grant eligible funds are 25% of the pipe lining bid item costs which calculates to $46,488.75. The 2021-2025 CIP Budget includes funding in the amount of $220,000 for the proposed work. The proposal from Insituform came in under the Engineer’s estimate and below the project budget at a total of $190,249.70. Staff has reviewed the bid prices and recommends that the City proceed with the work. Attachments Attachment A: Bid Tabulation Attachment B: Project Location Map Attachment C: Contract with Insituform No. Description Units Quantity Price Cost Price CostPrice Cost Price Cost1 Mobilization LS 1 10,000.00$ 10,000.00$ 1,747.40$ 1,747.40$ 23,400.00$ 23,400.00$ 24,700.00$ 24,700.00$ 3 8 inch - CIPP lining LF 1466 52.00$ 76,232.00$ 34.70$ 50,870.20$ 51.00$ 74,766.00$ 42.00$ 61,572.00$ 2 15 inch - CIPP lining LF1716 62.00$ 106,392.00$ 61.80$ 106,048.80$ 84.00$ 144,144.00$ 122.50$ 210,210.00$ 5 24 inch - CIPP lining LF 170 120.00$ 20,400.00$ 170.80$ 29,036.00$ 139.00$ 23,630.00$ 160.00$ 27,200.00$ 4 Reopen Service EACH 21 200.00$ 4,200.00$ 121.30$ 2,547.30$ 150.00$ 3,150.00$ 100.00$ 2,100.00$ $217,224.00$190,249.70$269,090.00 $325,782.00TOTAL:Lining Items Engineer's Estimate Insituform Visu-Sewer Michels ") ") ") ") LAKE VALENTINE RD SIEMS CTVENUS AVE CHATHAM AVENOBLE RD GRAMSIE RD GRANT RD OA K AVE G L E N V I E W A V EFAIRVIEW AVE NRIDGEWOOD RDC R Y S TA L A V E SKILESLN M CC R AC K EN LN RIDGEWOOD CTGLENVIEW CT CHATHAM CTROLLING HILLS RDI N D I A N P L ARDENPLFAIRVIEW AVE NDELLVIEW AVEDELLVIEW AVECHATHAM CIR L A K E JO H ANNABLVDFAIRVIEW AVE NLAKE LN COUNTY ROAD E W LAKEJOHAN N A B LV DHUDSON RD C O U N T Y R O A D E 2 WLAKEVIEWCT C H A TH A M A V E SIEMS CTARDEN PL OLD SNELLI NGBETHEL DROLD SNELLINGVENUS AVE B E T H E L D R Private!(!( !( !( !( !( !( !(!(!(!( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !(!( !( !(!( !( !( !(!( !(!( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !(!(!(!( !( !(!(!( !( !(!( !( !( !(!(!( !( !( !( !( !( !(!(!( !(!( !( !(!( !(!( !(!(!( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !(!(!( !( !(!(!( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !(!( !( !( !( !( !(!(!( !(!(!(!( !(!( !( !( !( !(!(!(!( !( !(!(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( Tony SchmidtRegional Park Tony SchmidtRegional Park SampsonPark Lindey's Park CharlesPerry Park ValentinePark Lake Johanna ValentineLake LS 4 LS 2 LS 5 2021 CIPP Project Areas 0 1,000Feet Ü 2021 CIPP ")Lift Station AREA A AREA B AREA C AREA D 2021 CIPP PROJECT AGREEMENT PW-21-0101 1 of 5 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT is made this 8th day of November, 2021 (hereinafter “Effective Date of the Contract”) by and between the City of Arden Hills, Ramsey County, Minnesota (hereinafter “Owner”) and Inaituform (hereinafter “Contractor”). The Owner and Contractor hereby agree as follows: ARTICLE 1 – THE WORK AND THE PROJECT 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Installation of cured in place pipe in sanitary sewer and storm sewer segments shown within the 2021 CIPP Project Packet in Areas A, B, C and D. 1.02 The Project, of which the Work under the Contract Documents is a part is generally described as follows: 2021 CIPP Project, City Project No. PW-21-0101. ARTICLE 2 – CONTRACT DOCUMENTS 2.01 The Contract Documents consist of the following: A. This Agreement B. Insurance Certificates C. Instructions to Bidders D. General Conditions E. Supplementary Conditions F. Division 1 – General Requirements G. Division 2 - CEAM Spec 2018 Edition H. Drawings (not attached but incorporated by reference) consisting of 24 sheets with each sheet bearing the following general title: 2021 CIPP Lining Project Maps, dated September 2021. I. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: 1. Notice to Proceed 2. Work Change Directives 3. Change Orders 4. Field Orders 2.02 This instrument, together with the documents hereinabove mentioned, form the Agreement, and they are as fully a part of the Agreement as if hereto attached or herein repeated. 2.03 The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions and Supplemental Conditions. ARTICLE 3 – CONTRACT TIMES 1.01 Contract Times: The Work will be substantially completed on or before December 31, 2022, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before May 29, 2023. Substantial Completion Date shall be defined as the completion of all items with the exception of restoration of vegetated areas. 1.02 All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 1.03 Liquidated Damages: Contractor and Owner recognize that time is of the essence as stated above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 3.01 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize that delays, expense, and 2021 CIPP PROJECT AGREEMENT PW-21-0101 2 of 5 difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay, but not as a penalty; A. Substantial Completion: Contractor shall pay Owner $200.00 for each day that expires after the time specified in Paragraph 3.01 above for Substantial Completion until the Work is substantially complete, as duly adjusted pursuant to the Contract. B. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time for completion and readiness for final payment, as duly adjusted pursuant to the Contract, Contractor shall pay Owner $300.00 for each day that expires after such time until the Work is completed and ready for final payment. C. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 4 – CONTRACT PRICES 4.01 The Owner shall pay the Contractor for the performance of this Agreement according to the schedule of approximate quantities and unit prices as set out in the Contract Documents submitted by the Contractor on October 18, 2021, the aggregate of which is estimated to be $190,249.70. 4.02 The Contract shall include Schedule A items as provided on the Proposal Form. 4.03 Payment is based an amount equal to the sum of the extended prices, established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item completed and accepted by the Engineer. 4.04 The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determination of actual quantities and classifications are to be made by the Engineer. ARTICLE 5 – PAYMENT PROCEDURES 5.01 Progress Payments: Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 10th day of each month during performance of the Work as provided in Paragraph 5.02 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 5.02 Retainage: Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. A. Ninety five (95) percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work has been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and B. Fifty (50) percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 5.03 Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set-off by Owner pursuant to Paragraph 15.01E of the General Conditions, and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 2021 CIPP PROJECT AGREEMENT PW-21-0101 3 of 5 5.04 Final Payment: Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Prices as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 6 – CONTRACTOR’S REPRESENTATIONS 6.01 In order to induce the Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all laws and regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Contract Documents, and reports relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Contract Documents. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the site-related reports identified in the Contract Documents, with respect to the effect of such information, observation, and documents on (1) the cost, progress and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 7 – MISCELLANEOUS 7.01 Terms: Terms used in the Agreement will have the meanings stated in the General Conditions and Supplementary Conditions. 7.02 Assignment of Contract: Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically 2021 CIPP PROJECT AGREEMENT PW-21-0101 4 of 5 stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 7.03 Successors and Assigns: Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations in the Contact Documents. 7.04 Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 7.05 Contractor’s Certifications A. The provisions of Minn. Stat. 16C.285 Responsible Contractor are imposed as a requirement of this Contract. This Contract may be terminated by the Owner at any time upon discovery by the Owner that the prime contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in the Statute. B. The provisions of Minn. Stat. 471.425, subdivision 4a regarding payments to subcontractors are imposed as a requirement of this Contract. REMAINDER OF THIS PAGE IS BLANK Page 1 DATE: November 8, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Appointment of Katlyn Adair to the Accounting Clerk 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 Katlyn Adair to the position of Accounting Clerk at Grade 9 Step 2 on the City’s pay scale, and at Year Zero on the PTO scale. All other normal benefits apply. All items need a simple majority for action unless otherwise noted. Discussion Katlyn Adair is the finalist for the Accounting Clerk position. The City received fifteen applications, and following interviews it was determined Katlyn was the top choice. Katlyn graduated from Bemidji State University with a degree in Business Administration, and most recently works with Wells Fargo as a Securities Ops Service Specialist 4 – Team Lead. Budget Impact This position is a previously budgeted position and will not adversely affect the 2021 budget. Attachment N/A CONSENT ITEM – 3G MEMORANDUM Page 1 of 2 CONSENT ITEM – 3H MEMORANDUM DATE: November 8, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director/City Engineer SUBJECT: 2021 PMP Street and Utility Improvements – Payment No. 5 Budgeted Amount: Actual Amount: Funding Source: $3,807,000 $3,419,567.10 PIR, Special Assessments Utility Funds Council Should Consider Motions to approve, table, or deny the following: • Payment No. 5 for the 2021 PMP Street and Utility Improvements Project to C&L Excavating in the amount of $224,807.62 All items need a simple majority for action unless otherwise noted. Background/Discussion On April 12, 2021, City Council approved Resolution 2021-021 Awarding the 2021 PMP Street and Utility Improvements construction contract to C&L Excavating, Inc. The project is approximately 95% complete with the utility improvements completed across the entirety of the project. Concrete curb and gutter and driveway aprons have been constructed, the street has been fully paved and the disturbed areas have been restored. Five percent of payment is being withheld from the work completed in accordance with the contract documents as retainage. Payment No. 5 is in the amount of $224,807.62, Bolton & Menk has provided a recommendation to accept Payment No. 5 (Attachment A). Staff recommends that Council approve Payment No. 5. Page 2 of 2 Budget Impact Total Construction Expenses: Original Contract Amount: $2,704,412.10 Change Order No. 1: $ 4,200.00 Change Order No. 2: $ 2,450.00 Total: $2,711,062.10 Other Expenses: Engineering Design: $ 179,069.00 Construction Mgmt: $ 191,198.00 Gen Admin & Legal: $ 85,000.00 Finance & Interest: $ 60,000.00 Material Testing: $ 34,888.00 Const. Contingency: $ 158,350.00 $ 708,505.00 Attachments Attachment A: Bolton & Menk Letter of Recommendation Attachment B: Pay Request No. 5 H:\ARDH\T13122417\7_Construction\D_Pay Applications\Pay App 5_October 2021\2021-11-01 Pay Application No 5 Recommendation.docx November 1, 2021 Mr. David Swearingen, P.E. City of Arden Hills 1245 W Highway 96 Arden Hills, MN 55112 Re: Pay Application No. 5 2021 PMP Street & Utility Improvements City of Arden Hills, Minnesota BMI Project No. T13.122417 Dear Mr. Swearingen: We are recommending approval of the enclosed Pay Application No. 5 and payment to C&L Excavating, Inc. Please request approval from the Mayor and Council at the November 8th Council Meeting. If approved, please sign the Pay Application, and return a copy to me. I will then forward the signed copy to C&L Excavating, Inc. for their records. Please call if you have any questions regarding this recommendation or the enclosed pay application. Sincerely, Bolton & Menk, Inc. Nick Amatuccio, P.E. Project Engineer Enclosures 11/1/21