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HomeMy WebLinkAbout08-22-22-R Mayor: Address: David Grant 1245 W Highway 96 Arden Hills MN 55112 Councilmembers: DEN HILLS Phone: Brenda Holden 651-792-7800 Fran Holmes Regular City Council Steve Scott Website: David Radziej Agenda www.cityofardenhills.org August 22, 2022 7:00 p.m. City Hall 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. APPROVAL OF AGENDA 2. PUBLIC INQUIRIES/INFORMATIONAL This is an opportunity for citizens to bring to the Council's attention any items which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. To facilitate a timely meeting, a speaker that is repeating, or agreeing with, a previous comment should simply state such and forego a longer comment. If a large number of citizens wish to speak, the Mayor may shorten the individual comment period. Written documents may be distributed to the Council prior to the start of the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council Meeting. 3. RESPONSE TO PUBLIC INQUIRIES 4. STAFF COMMENTS 4.A. Transportation Update David Swearingen, Public Works Director/City Engineer Documents: 5. APPROVAL OF MINUTES 5.A. July 18, 2022 Special City Council Executive Session (Closed) Documents: 07-18-22-SEC.PDF 5.B. July 18, 2022 City Council Work Session Documents: 07-18-22-WS.PDF 5.C. July 25, 2022 Regular City Council Documents: 07-25-22-R.PDF 5.D. August 8, 2022 Regular City Council Documents: 08-08-22-R.PDF 5.E. August 8, 2022 Special City Council Work Session Documents: 08-08-22-SWS.PDF 6. 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. 6.A. Motion To Approve Claims And Payroll Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst Documents: 6.13. Motion To Approve Ordinance 2022-005 Amending Chapter 9, Subsection 910.11 Regarding Swimming Pools; Construction Standards Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF 6.C. Motion To Approve Ordinance 2022-006 An Interim Ordinance Prohibiting The Sale, Testing, Manufacturing And Distribution Of Products Containing THC And Authorization To Publish A Summary Ordinance Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 6.D. Motion To Approve Issuance Of Temporary Liquor License To Non-Profit(MATTER) For Event At Boston Scientific On September 27, 2022 Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 6.E. Motion To Approve Payment No. 3 - T.A. Schifsky & Sons, Inc. - Snelling Avenue North Street And Utility Improvements Project David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 6.F. Motion To Approve Braun Intertec Invoice For Materials Testing - Snelling Avenue Street And Utility Improvement Project David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 6.G. Motion To Authorize Awarding Contract To Margolis Company For 2022 Tree Plan David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 7. 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. 8. PUBLIC HEARINGS 8.A. Planned Unit Development Amendment(Signage Flexibility) - 4200 Round Lake Road - Delkor Systems And Colder Products Company - Planning Case 22-014 Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF 9. NEW BUSINESS 9.A. Planning Case 22-014 - Planned Unit Development (PUD)4200 Round Lake Road - Delkor Systems And Colder Products Company Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF 10. UNFINISHED BUSINESS 11. COUNCIL/STAFF COMMENTS ADJOURN STAFF COMMENTS—4A ,-AI�EN HILLS MEMORANDUM DATE: August 22, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, Public Works Director/City Engineer SUBJECT: Transportation Update Budgeted Amount: Actual Amount: Funding Source: A verbal update will be provided at the City Council meeting. Page 1 of 1 DRAFT 'It �- VEEN HILLS Approved: August 22, 2022 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL EXECTUVE SESSION (CLOSED) JULY 18, 2022 4:00 P.M. -ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the Special City Council Executive Session (Closed) at 4:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden (arrived at 4:08 pm), Fran Holmes, Steve Scott and David Radziej Absent: None Also present: City Administrator Dave Perrault; City Planner Jessica Jagoe; and Real Estate Agent John Peck, ReMax Results 1. AGENDA ITEMS A. Sale of City Owned Parcel at 3588 Ridgewood Road The City Council discussed the sale of the City owned parcel located at 3588 Ridgewood Road. ADJOURN Mayor Grant adjourned the Special City Council Executive Session (Closed) at 4:50 p.m. Julie Hanson David Grant City Clerk Mayor DRAFT -AXQEN HILLS Approved: August 22, 2022 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION JULY 18, 2022 5:00 P.M. -ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session at 5:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Steve Scott and David Radziej Absent: None Also present: City Administrator Dave Perrault, Finance Director Gayle Bauman, Public Works Director/City Engineer David Swearingen, City Planner Jessica Jagoe, Deputy City Clerk Jolene Trauba, Communications Coordinator Grace Arel, Wold Architects Representatives Jake Wollensack and Joel Dunning, Ramsey County Sheriff's Office Director of Administration Kyle Mestad and Ramsey County Property Manager Mehrshad Parsakalleh 1. AGENDA ITEMS A. Concept Plan Review (Security Fence and Parking Lot Expansion) at 1411 Paul Kirkwold Drive (Ramsey County Sheriff's Office)—PC 22-013 City Planner Jagoe stated the Ramsey County Sheriff's Office is proposing to install a security barbed wire fence around the Sheriff's Department property, as well as some additional parking spaces. Under current City Code, barbed wire fencing and spiked fencing are prohibited unless a conditional use permit is issued. Wold Architects Representative Jake Wollensack explained the Sheriff's Office campus houses patrol, emergency communications, public works (Ramsey County and Arden Hills), some space for the school district, and 24 hour emergency services. There is currently no security fencing on the southern portion of the facility and no way to secure the facility. They are proposing decorative metal fencing on areas that are more visible, and a portion is proposed to be three strand barbed wire. There would also be two locations they would like to add additional parking, one area behind a secure gate for Sheriff's vehicles (18 stalls), and another area for public parking with 5 stalls and connected to a sidewalk. Both security gates would have sliders and be ARDEN HILLS CITY COUNCIL WORK SESSION—JULY 18, 2022 2 left open except in the case of an emergency. They are under the threshold of needing to do stormwater management,but Rice Creek Watershed District has been notified. Mr. Wollensack explained where the decorative metal fencing and barbed wire fencing is proposed to be placed. Councilmember Radziej asked if the fence would be on top of the berm or at the bottom. Wold Architects Representative Joel Dunning responded that it would be back from the roadway and on top of the berm, screened by existing landscaping. At the west end it would be almost the same elevation as the highway, but going east the elevation drops. Councilmember Radziej asked if the decorative fencing was as secure as the barbed wire fencing, or it was just a cost difference. Mr. Wollensack said it was as secure; it has trident spikes at the top and angles out, but is about four times the cost. Mr. Dunning added that the barbed wire fence would be about 60 feet back from the roadway and basically hidden. Ramsey County Sheriffs Office Director of Administration Kyle Mestad said the fence was approved through Ramsey County's capitol improvement process. They want a fence that meets security needs but doesn't look like a military fortress. Discussion continued regarding placement and visibility of the chain link fence. Councilmember Holden said everyone agrees the building should be secured but felt the chain link fence with barbed wire is ugly and rusts. She asked if there was anything in between the chain link fence and the decorative fencing. Mr. Dunning indicated they could look at adding vegetation or possibly doing all decorative fence. He said there were 16 stakeholders walking the site that were in agreement with what is being presented. Mayor Grant felt the decorative fence didn't look like a fortress and wasn't sure about putting chain link fence along Highway 96. Mr. Mestad said they have been purposeful in making sure the fence would blend in and not look bad. Mr. Dunning added the fence would be black vinyl coated chain link fence with barbed wire. Councilmember Scott stated that he doesn't want the facility to look like a detention center and would like to walk the area where the fence will go. Mr. Dunning said they would be happy to set up a walk through for anyone that would like to see exactly where the fence would go. He added there is a flat area after the grade rises from ARDEN HILLS CITY COUNCIL WORK SESSION—JULY 18, 2022 3 Highway 96, and the fence will be to the north side of that flat area, right before it slopes down the hill to the Sheriff's office/public works campus. It will be set back approximately 30 feet further than where the Federal fence is. Mayor Grant said the Council isn't opposed to the fence, but asked if they could stake it off so Council to walk the area. Mr. Mestad said they could probably provide some sample fencing too. Councilmember Holden said she'd like to also talk about maintenance up to the fence. Mayor Grant said maybe as the fence makes the turn onto Highway 96 some of it could be decorative until it goes behind the berm and changes to chain link. Mr. Mestad said they have found that without a way to secure the campus it takes a number of staff to do so, which pulls staff off the streets. Having a fence will reduce the number of staff required to secure the location. Councilmember Holmes wondered if the five new parking spaces were going to be the only spaces for the public. Mr. Mestad responded that the public parking will remain in the front of the building, they will move employee parking off to the side. Mayor Grant told the Council they should walk the site. City Planner Jagoe said she would notify the Council once it is staked. She could bring the item back for further discussion at another work session. Mr. Dunning asked if the County were to use all decorative fence, would the City want more vegetation? They could develop the cost of maintenance of the chain link versus the decorative fence. Mr. Wollensack said they hope to have a fall start for the installation. B. State of the City Update Communications Coordinator Arel passed out the first draft of slides for the State of the City and a detailed campus map of Boston Scientific outlining the parking lot and location of the room. Communications Coordinator Arel stated that in the past two years the State of the City was recorded and not held in person due to COVID-19. This year the event will be in person again, recorded and shared after. Boston Scientific will host the event Thursday, September 15. Refreshments will be catered by Boston Scientific's catering company with options for a continental breakfast. NineNorth will record the event, edit and make it available online. Presentation content will include: TCAAP Overview and Updates, Community and Commercial Development, Building Inspections, Public Safety: RCSO and LJFD data, Beyond the Yellow ARDEN HILLS CITY COUNCIL WORK SESSION—JULY 18, 2022 4 Ribbon, Public Works Infrastructure Projects, 2022 PMP, City Finances Overview and 2022 City Property Taxes. Communications Coordinator Arel said that Council may want to consider assigning topics to Councilmembers so staff can work with that particular Councilmember in preparation for the next work session. Another consideration is how, or if, Council will take questions: should questions be submitted in advance, taken live at the end of the presentation, or one-on-one after the presentation concludes. The budget for the State of the City is approximately$1,000. Council reviewed the draft slides, made changes and additions, and assigned topics to Councilmembers. It was also decided to have tables with placards for staff and City Council for break out discussions after the presentation, which would allow participants to ask questions one- on-one. C. Tree Plan Discussion Public Works Director/City Engineer Swearingen explained that to date, the City has collected $115,440 in Tree Replacement funds. One location that has come up in previous discussions is Highway 96. In 2006, the City of Arden Hills partnered with Ramsey County to add landscaping to the highway, the landscaping plan can be seen in Attachment A. The plan included 173 boulevard trees, but it doesn't show the 40 trees that were existing just east of the project limits that staff identified through aerial photos from 2006. That brings the total trees in 2006 to 213, today there exists 139 trees. Therefore, over the last 16 years, there has been a loss of 74 trees or about 35%. Recently, Public Works staff inspected the existing condition of the remaining trees along Highway 96. There were seven trees identified to monitor and 26 to remove. Public Works Director/City Engineer Swearingen reported that after speaking with Rainbow Tree Care, they have an eight-inch limit and won't inject trees that are smaller. Smaller diameter tree can have a ground root treatment, the cost would be about $35 per tree. There are currently about 50 Ash trees (including EAB identified trees) along Highway 96 that would qualify for this treatment. The other approach Council could choose would be to remove all trees identified with EAB and begin growing a new tree in its place. Other locations considered for planting new trees are Perry Dog Park (possibly 4 trees), the Thom Court median turnaround and Oak Avenue median turnaround. In a future project, staff would look at locations to apply our"buddy tree" program where we would plant trees near other trees that are declining in health. Public Works Director/City Engineer Swearingen noted that he would like to get a variety of tree species to avoid disease from infecting a large number of trees. A three-inch caliper tree ranges from $500-$800 to install. Council could choose to order larger trees but the cost increases with size. Tree bags cost about $25 per bag and could be ordered for each new tree. All the bags the City currently owns are being utilized on existing trees. Councilmember Holden suggested they plant trees in the dog park, and Oak and Thom Drives. Council agreed. Councilmember Holden didn't know if they should put money into treating trees when they will have to cut them down eventually. ARDEN HILLS CITY COUNCIL WORK SESSION—JULY 18, 2022 5 Mayor Grant said there are a lot of trees on Highway 96 that the bark has peeled back, opening the core of the tree. Some have no leaves, and some look fairly good even though they are tagged EAB. He wondered if maybe they should take some trees down in the fall and some in the spring. He showed some photos he took of trees along Highway 96. He would like to see the trees mulched and bagged like at City Hall. Mayor Grant discussed agreements with the County regarding trees along Highway 96 east of Highway 10. The City says the County should maintain the trees, the County says the City should do it, so nothing gets done, the trees die and the city looks bad. Rather than point fingers his expectation is that if we plant trees we maintain them. Public Works Director/City Engineer Swearingen said that part of the hurdle with watering trees on Highway 96 is they need use a driver with a CDL, and a seasonal employee can't necessarily go out alone. Councilmember Holden felt no-one disagreed that if the City plants trees they want them taken care of. After further discussion it was decided to plant 30-50 trees with mulch and bags along Highway 96, also mulch the existing trees and potentially use ICWC crews to do some of the work. City Administrator Perrault suggested the contractor planting the trees could do the original mulching on the new trees. Public Works Director/City Engineer Swearingen said they could push to have the trees planted around the end of September, depending on tree inventory. Public Works Director/City Engineer Swearingen noted that if they weren't going to cut down tree with EAB now, they should treat them so as not to harbor the disease and spread it to other trees. After discussion it was decided to take down the infected trees east of Highway 10. Mayor Grant showed photos of thistles of two areas along Highway 96 west of Highway 10. He noted they are considered a noxious weed. Public Works Director/City Engineer Swearingen said the County isn't maintaining the right- of-way. Councilmember Holden suggested they send a letter to Ramsey County Commissioners telling them there are noxious weeds on their property that they need to clean up, and take down the dead trees and replace them. Public Works Director/City Engineer Swearingen said he has spoken with a Ramsey County Maintenance person and it seemed that they wanted to take the trees out of that area and put the area back as turf. They would also like to hand it back to the City to maintain. The contract doesn't call out who is responsible for the landscaping. ARDEN HILLS CITY COUNCIL WORK SESSION—JULY 18, 2022 6 Councilmember Holden restated that the City should send a letter to Ramsey County telling them to take out the noxious weeds, take out the dead trees and plant new trees and the City will maintain them. D. Hazelnut Parking Lot Discussion City Administrator Perrault reported that staff has re-engaged with the Gathering Place Church. They are willing to give up about 28% of their parking lot to turn back over to park land, members of the public would have the right to continue to use the parking lot. Finer points of the agreement include the City leading the project and costs split 50150 between the City and the church, it would be tied to another project and anticipated to be done in 2024, the cost estimate is approximately $250,000 which may increase if they add lighting, the City will crack seal and/or sealcoat the parking lot for a period of 20 years and annually fill minor potholes that could be reasonably filled, the City would continue to pay the church $1,500 a year for snow plowing, the Gathering Place will be responsible for addressing any maintenance activities outside of the crack- sealing, sealcoating and/or minor pothole filling, and at the end of the 20 years they may enter into another agreement. Councilmember Holmes felt the language should say the Gathering Place should be responsible for paying for maintenance activities,not just addressing them. Councilmember Holden asked why it was 28%. City Administrator Perrault said it was a rough number based on the stalls that they were removing from the north end of the lot, with the intention to retain the ingress/egress points. E. Noise Barrier Discussion City Administrator Perrault stated Council had discussed noise barriers along the west side of Highway 51 near the Glenhill Road access and the west side of Old Highway 10. Council could consider the east side of either road(for the Highway 10 location the east side location would be further south). MnDOT does have a noise barrier program where cities can compete for funding. The City put in an application in 2021, a study was done which included the west side of Highway 10, it was not selected. The east side of Highway 10 near Norma was also looked at and was also considered not cost feasible. Staff could put in another application for as many areas as Council desires. Mayor Grant asked if they had redone the noise study on the west side of Highway 10. City Administrator Perrault said it was looked at again in 202land the decibel count didn't meet the criteria. Councilmember Holden asked if they could get a copy of that study. Mayor Grant said he'd like to see the City apply for the west side of Highway 10. Councilmember Holden asked if they could do a special assessment on property owners. ARDEN HILLS CITY COUNCIL WORK SESSION—JULY 18, 2022 7 City Administrator Perrault replied that it is in statute that you can assess for a noise wall. The question was if all the properties in the area were in favor of the wall. City Administrator Perrault said each location is reviewed when an application is received but he would need to confirm if they did a new noise study each time. The application itself is simple, but if selected there would be a 10% match from the City. Councilmember Holden thought they should also submit an application for the west side of Highway 51 near Glenhill. Mayor Grant said he doesn't support a wall on the east side of Highway 10. He added that if shortening the length of wall on the west side increases the score they should consider that. He suggested getting a copy of the last report to see what length will get the best score. Staff should also ask for Highway 51 so a study gets done. F. 2023—2027 Capital Improvement Plan (CIP) Discussion Finance Director Bauman explained that the CIP doesn't commit the Council to any of the proposed projects, but is the basis for the 2023 budget. She reviewed the Summary of Capital Improvement Plan Expenditures chart, and changes from the previous year. Projects were discussed individually and changes made as necessary. Other items reviewed were Equipment in 2023, Estimated Ending Fund Balance by Year, and the MSA Summary. Discussion also ensued regarding the Lake Johanna trail and the need for something being done that would be safe now, rather than waiting until the trail is built. Finance Director Bauman asked if staff should assume a $50,000 increase in the levy for the Public Safety Capital Fund for 2023. Consensus was yes. Finance Director Bauman asked if staff should plan on transferring $102,540 from the General Fund to the PIR Fund. After discussion, staff was directed to do so. Point of order was called at 8:03 p.m. by Councilmember Holmes and a vote was taken to extend the meeting 15 minutes. G. City Code Section 910, Swimming Pools Fence Regulations Mayor Grant asked the Council if they'd like to change the fence height to 48 inches. He noted that most cities are at four feet. Councilmembers Holmes and Holden felt they should stay at five feet. Mayor Grant and Councilmembers Scott and Radziej would be agreeable to the change. H. International Paper Parking Update City Administrator Perrault stated that International Paper requested an extension on a plan to September 30. ARDEN HILLS CITY COUNCIL WORK SESSION—JULY 18, 2022 8 Councilmember Holden said no extension. Councilmember Radziej suggested September 15 as an acceptable date for a plan. City Administrator Perrault reminded them the original date to have a plan was the middle of July and no plan was submitted. Councilmember Holden said the city should start ticketing them. Councilmember Scott felt they should stick with the original date and ticket them. Councilmember Holmes agreed that they should start to ticket them. Mayor Grant also agreed and instructed staff to stick with the original plan to begin ticketing. I. Council Tracker City Administrator Perrault provided the Council with an update on the Council Tracker. After discussion, all items were left on the tracker. Mayor Grant requested additions to the tracker: trees on Highway 96 west of Highway 10, pond maintenance at Indian Oaks, and green space preservation fund in place of a tree fund. 2. COUNCIL COMMENTS AND STAFF UPDATES Councilmember Holmes said she met someone who works for the University of Minnesota who helps cities write grants. She has his business card if they would like to contact him. Councilmember Scott said a resident had approached him for the second time about the Met Council water conservation program. Mayor Grant said he had been contacted too, it sounds like the program involves intelligent irrigation controllers. He asked staff to take another look into the program. Councilmember Holden asked if a letter had been sent to MnDOT about cutting down trees on Snelling Avenue. She wondered if the speed sign had been moved. She asked how often the parks were being mowed with the dry weather, and noted the school speed sign is still on by Valentine Elementary. ADJOURN Mayor Grant adjourned the City Council Work Session at 8:20 p.m. Jolene Trauba David Grant Deputy City Clerk Mayor 'It DRAFT ,- QEEN HILLS Approved: August 22, 2022 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 25, 2022 7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, David Radziej, and Steve Scott Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer David Swearingen; Finance Director Gayle Bauman; Community Development Director Jessica Jagoe; 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 presented. The motion carried (5- 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. RESPONSE TO PUBLIC INQUIRIES None. 4. STAFF COMMENTS A. Transportation Update Public Works Director Swearingen reported paving on the northbound lanes of Lexington Avenue was now complete and this week crews would be finishing up the utilities on the east ARDEN HILLS CITY COUNCIL— JULY 25, 2022 2 side. He encouraged residents to visit the Ramsey County project page for up to date information regarding this project. Public Works Director Swearingen stated the initial paving course has been laid for the Old Snelling improvements project. He explained construction in this area was still active and encouraged vehicles to use caution when traveling through this area. Public Works Director Swearingen explained the Arden Oaks Street Improvement project was underway and reclamation work was being completed at this time. B. Night to Unite Update City Clerk Hanson stated Night to Unite would be held on Tuesday, August 2, 2022. She reported to date the City has 20 registered events. She noted street barricades could be requested by contacting City Hall. C. Elections Update City Clerk Hanson stated absentee voting for the August 9 primary continues. She encouraged residents to return their mail in ballots as soon as possible. She explained residents could cast their ballots in person in which they mark their ballot and place the ballot directly in the ballot machine themselves from Tuesday, August 2 through Monday, August 8 at two different locations. These locations are the Ramsey County Elections Office in St. Paul or the Ramsey County Library in Roseville. She reported Arden Hills has four Council seats on the November ballot and noted the filing period was August 2 through August 16 with a filing fee was $2. 5. APPROVAL OF MINUTES A. June 27, 2022, Regular City Council B. July 11, 2022, Special City Council Work Session C. July 11, 2022, Regular City Council Councilmember Holmes stated she had a minor correction to the June 27 Regular City Council minutes on Page 13 at the bottom of the page and this correction was provided to the City Clerk. MOTION: Councilmember Holden moved and Councilmember Radziei seconded a motion to approve the June 27, 2022, Regular City Council meeting minutes as amended, and the July 11, 2022, Special City Council Work Session minutes and July 11, 2022, Regular City Council meeting minutes as presented. The motion carried (5- 6. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve 2022 2na Quarter Financials C. Motion to Approve Transfer Fund Balance from General Fund to PIR Capital Fund ARDEN HILLS CITY COUNCIL— JULY 25, 2022 3 D. Motion to Approve Quote for Replacement of Control Panel—Lift Station No. 14 E. Motion to Approve Payment No. 2 — T.A. Schifsky & Sons, Inc. — Snelling Avenue North Street and Utility Improvements Project F. Motion to Approve Payment of Invoice for Watermain Break on Parkshore Drive — St. Paul Utilities G. Motion to Approve Appointment of Community Development Director 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 Lqh 7. PULLED CONSENT ITEMS None. 8. PUBLIC HEARINGS A. Planning Case 2022-012 — Preliminary Plat, Final Plat, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit and Site Plan Review — 3737 Lexington Avenue N and 1133 Grey Fox Road — Launch Properties Community Development Director Jagoe stated Launch Properties ("Applicant") is requesting a Preliminary Plat, Final Plat, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review for a proposed project on 3737 Lexington Avenue N. and 1133 Grey Fox Road ("Subject Property"). 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. This area includes Red Fox and Grey Fox roads and is bounded by Lexington Avenue, Highway 51, Interstate 694, and the Canadian Pacific railway. This area is used by a number of small and large businesses for a variety of retail, manufacturing, distribution, warehousing, and office uses. This area was largely developed between the 1950's and 1970's, though the retail area along Lexington Avenue has had some new development and redevelopment in the last 15 years. This area is marked as an area of possible redevelopment in 2040. Community Development Director Jagoe reviewed the Plan Evaluation, Design Standards and Conditional Use Permit requirements in further detail and recommended the Council hold a public hearing. Councilmember Holden asked why the City would be getting another car wash when there were three car washes already in the area. Community Development Director Jagoe explained City Code does allow for this use in the 13- 3 zoning district as a conditional use. She stated the City does not put restrictions on the number of car washes. ARDEN HILLS CITY COUNCIL— JULY 25, 2022 4 Councilmember Holmes indicated she was concerned about the traffic flow given the fact the site would have two drive thrus. Community Development Director Jagoe discussed how traffic would flow through the site for both Panera and the car wash. Councilmember Holmes stated she had concerns regarding the amount of parking onsite for the car wash. Community Development Director Jagoe indicated the car wash would have 10 parking spaces. She commented further on how there would be shared parking throughout the site. Councilmember Scott recalled that Mr. Car Wash was included in the previous plans for this site and the car wash vendor was now Rocket Car Wash. Community Development Director Jagoe explained the applicant indicated that Mister Car Wash following the concept review was going to require additional flexibilities and the applicant made the determination to work instead with Rocket Car Wash on this site. Councilmember Holden questioned what type of screening was in place for the vacuums at the car wash. Community Development Director Jagoe stated there was no proposed screening for the vacuums. Councilmember Holden asked what the park dedication fee would be for this lot split. Community Development Director Jagoe reported she did not calculate a park dedication fee based on City Ordinance, but rather the Planning Commission recommended the fee be equal to the cost for the sidewalk along Lexington Avenue. Councilmember Holden inquired if water utilities would be completed under the new sidewalk. Public Works Director/City Engineer Swearingen reported new water utilities would be extended below the sidewalk. Mayor Grant questioned if the snow storage areas were the same areas that were proposed for landscaping. Community Development Director Jagoe reported this was the case. Councilmember Holden recommended routine maintenance be required on the vacuums to ensure they are operating properly. Councilmember Holmes asked what flexibility for signage was given to the Lexington Station Phase III grocery store. ARDEN HILLS CITY COUNCIL— JULY 25, 2022 5 Community Development Director Jagoe indicated this development was granted flexibility for two wall signs 90 square feet and one wall sign at 180 square feet. Further discussion ensued regarding the proposed signage for this development. Mayor Grant opened the public hearing at 7:46 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:47 p.m. 9. NEW BUSINESS A. Planning Case 22-012 - Preliminary Plat, Final Plat, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit (Resolution 2022-039 and Resolution 2022-040) and Site Plan Review — 3737 Lexington Avenue N and 1133 Grey Fox Road—Launch Properties Community Development Director Jagoe stated the Applicant has submitted a land use application for Preliminary Plat, Final Plat, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review, proposing to redevelop a 2.48-acre site located at 3737 Lexington Avenue N. and 1133 Grey Fox Road. The site is currently developed with a vacant industrial building and associated parking lot. The applicant is proposing to demolish the existing building and redevelop the site. Lot 1 would be for a new +/- 4,900 square foot drive-through car wash for Rocket Car Wash. Lot Page 2 of 6 2 would be a multi-tenant building with a +/- 8,950 square foot building developed for Panera (-3,500 square feet), Pacific Dental (-3,000 square feet), and Bank of America (-2,200 square feet). The Subject Property would remain two lots and function as a single entity with shared site operations such as parking, access, snow removal, etc. as part of the Planned Unit Development(PUD). Community Development Director Jagoe discussed the requested PUD and CUP in further detail with the Council and offered the following Findings of Fact: 1. The property located at 3737 Lexington Avenue N. and 1133 Grey Fox Road is 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 proposals for new construction, redevelopment of a site, and significant modifications to existing sites a PUD 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 and Final Planned Unit Development in order to develop the property with shared access, parking, and maintenance between the two parcels. 6. The Master and Final 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. ARDEN HILLS CITY COUNCIL— JULY 25, 2022 6 8. Flexibility through the PUD process has been requested in the following areas: building positioning, building materials, transparency, drive-through facilities, and wall signage. 9. A public hearing for a Preliminary Plat, Final Plat, Master Planned Unit Development, Final Planned Unit Development, and Conditional Use Pen-nit request is required before the request can be brought before the City Council. 10. The Planning Commission conducted a public hearing on July 6, 2022. Community Development Director Jagoe reported the Planning Commission reviewed this application at their July 6, 2022 meeting. At that time, they recommended approval of Planning Case 22-012 and Resolution 2022-039 and Resolution 2022-040 for a Preliminary Plat, Final Plat, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review at 3737 Lexington Avenue N. and 1133 Grey Fox Road, based on the findings of fact and the submitted plans, as amended by the conditions in the July 25, 2022 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 and Final 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 and Final PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The Master and Final 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 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. ARDEN HILLS CITY COUNCIL— JULY 25, 2022 7 8. Prior to the issuance of a grading permit, all items identified in the June 20, 2022 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 pen-nit 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. 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. 19. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be memorialized in the Development Agreement. 20. 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. 21. 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 and Final PUD Development Agreement. 22. The proposed structures shall conform to all other regulations in the City Code. 23. 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. 24. The Applicant shall reduce the menu board signage for the fast food restaurant in the multi-tenant building to be compliant with Section 1240.04. 25. The Applicant shall be required to pay a park dedication fee equivalent to the City's portion of the cost for the sidewalk installation along Lexington Avenue as part of the ARDEN HILLS CITY COUNCIL— JULY 25, 2022 8 Lexington Avenue Road Improvement Project as well as the supplementary difference of landscaping coverage in lieu of plantings. Councilmember Holden requested further information regarding the environmental cleanup on the site. Bruce Carlson, Senior Vice President of Construction for Launch Properties, explained he was excited to be bringing this project forward. He reported the existing building was built in the 1960's and he has been told by Braun Intertec that the site had $500,000 worth of underground contamination and hazardous materials. He stated he has wanted to go onto the site and do more testing, but this cannot occur until after Launch Properties owns the property. Councilmember Radziej asked if the applicant had any concerns with the conditions listed for approval. Mr. Carlson stated he did not have any concerns. He reported the Planning Commission held a great discussion on this Planning Case and made great recommendations for this request. He explained he as excited to be working with Rocket Car Wash on this project. He discussed the snow removal for the site, noting snow would be hauled off site for visibility purposes. He commented further on how well the four proposed businesses would work together. The manner in which traffic would flow through the site was reviewed and he stated he believed the proposed site plan would be traffic calming. Councilmember Scott thanked the applicant for including an electric vehicle charging station within the project plans. He noted this would be the first commercial charging station in the City. He asked if the car wash would be a conveyor type system. Jason Ricks, COO of Rocket Car Wash, reported the car wash would have a conveyor system with soft touch cleaning materials. Councilmember Radziej questioned what the decibel level would be for the vacuum cleaners. Mr. Ricks explained most of his competitors use single individual vacuum units at each location. He reported his vacuum system has one main unit that would be enclosed within the trash enclosure. He indicated there would be some suction noise when the vacuums are being used, but this noise would be minimal. He commented further on how Rocket Car Wash was expanding in the Midwest. Councilmember Holmes requested further information on the parking. Mr. Ricks discussed the number of employees that would be onsite and noted the site would have 10 customer parking spaces. Councilmember Holmes believed the site did not have enough parking stating she had concerns with the fact the uses have overlapping peak times. ARDEN HILLS CITY COUNCIL— JULY 25, 2022 9 Mr. Carlson stated this may be a question for all of the tenants versus just the car wash. He anticipated the car wash was feeling good about their parking. He discussed how the four businesses would share parking on the site. He was of the opinion the site was adequately parked. Councilmember Holden questioned why the car wash had nine vacuums and questioned if one or two of these spaces could be used for employee parking. She asked when peak times were for the car wash. Jeremiah Harder, Director of Project Management and Development for City Ventures a parent company of Rocket Car Wash, explained store data across the country shows there was a need for nine vacuums. He stated peak hours for the car wash would be from 4:00 p.m. to 7:00 p.m. Councilmember Holden inquired what the hours of operation would be for the dental office and requested further information on how the dental chairs would work. Mr. Carlson stated this would generally be from 10:00 a.m, to 5:00 p.m. He provided the Council with further information on how the nine dental chairs would operate. Councilmember Holmes requested further information on the proposed signage for the Rocket Car Wash. She was of the opinion that the proposed signage would not be effective given the buildings location. Mr. Harder discussed the proposed signage, noting the visuals were rough draft models. He indicated the signs do have a lot of dead space within the logo, stating the sign actually has only 63 square feet. He explained all signs would be site specific and would be located at the peak of the building. Councilmember Holden questioned if the sign on the east elevation would be in a different location. Mr. Harder stated this might be the case noting that this decision would be part of the final sign package with the sign company based on this specific site and they are aware they have to submit a separate sign permit to the City. Councilmember Holden expressed concern with having a sign located only in the peak. Mr. Carlson stated he would continue to advocate for the proposed signage given the fact this building would be setback quite far. Mr. Harder indicated the free vacuum sign could be centered to break up the space. Further discussion ensued regarding the materials that would be used on the car wash building. Councilmember Holden stated she was concerned with how long the car wash was and how the long face would have the same building materials with nothing to break it up. ARDEN HILLS CITY COUNCIL— JULY 25, 2022 10 Mr. Ricks explained he wanted to construct a building the community would be proud of. He commented further on the clear polycarbonate panels that would be used on this property. He noted the panels would have a film on it to ensure water residue and cleaning chemicals do not stick. The warranty on the panels was discussed and it was noted Rocket Car Wash would be able to get replacement parts in a timely manner. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to approve Planning Case 22-012 and adoption of Resolution 2022-039 and Resolution 2022-040 for the Launch Properties Preliminary Plat, Final Plat, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review on 3737 Lexington Avenue North and 1133 Grey Fox Road to redevelop the parcels with two separate one-story buildings, one approximate 4,900 square foot drive-through car wash and one 8,950 square foot multi-tenant retail building. Mayor Grant requested further information regarding the sidewalks that would be installed within the development. Mr. Carlson noted Launch Properties plans to install a sidewalk along Grey Fox Road and the County was installing a sidewalk along Lexington Avenue as part of the road project. It was his understanding the Planning Commission would like Launch Properties to pay for the City's portion of the sidewalk cost along Lexington Avenue in lieu of paying a park dedication fee. Councilmember Scott stated he supported Launch Properties paying for the City's portion of the sidewalk along Lexington Avenue in lieu of a park dedication fee given how this property would benefit from the sidewalk. Councilmember Holden agreed and asked what the cost would be. Community Development Director Jagoe estimated this cost for the sidewalk along Lexington Avenue to be $10,500. AMENDMENT: Councilmember Holden moved and Councilmember Holmes seconded a motion to add Condition 26 to read: The applicant will revise the east elevation exterior to incorporate differing materials and/or design features to eliminate any uniform or unbroken plain wall appearance greater than thirty (30) feet. Councilmember Scott reported this would provide contrasting material along this elevation and noted he would support this condition. The amendment carried (5-0). Councilmember Holmes discussed Condition 24 and asked if this condition was still necessary. Community Development Director Jagoe believed it was reasonable to keep this condition in place. ARDEN HILLS CITY COUNCIL— JULY 25, 2022 11 Councilmember Holden encouraged Rocket Car Wash to keep its vacuums operational. Mr. Harder stated the vacuums would be properly managed and maintained by Rocket Car Wash staff. The motion to approve Planning Case 22-012 for the Launch Properties Preliminary Plat, Final Plat, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit (including adoption of Resolution 2022-039 and Resolution 2022-040) and Site Plan Review, based on Findings of Fact and Submitted Plans, as amended by the 26 conditions as indicated above carried (5-0). 10. UNFINISHED BUSINESS None. It. COUNCIL COMMENTS Councilmember Scott congratulated Ms. Jagoe for being appointed to the Community Development Director position. Councilmember Scott indicated he attended the Penny Carnival last Friday and noted on Saturday he and his wife attended the Sheriff Department's Open House. Councilmember Scott stated he was looking forward to attending Night to Unite block parties on Tuesday, August 2. Councilmember Holmes congratulated Ms. Jagoe for being appointed to the Community Development Director position. Councilmember Holmes commented on a letter the Council received from Betty McCollum regarding congressional spending. She suggested the Council discuss this topic further at a future work session. Councilmember Holden reported the local rotary would be hosting the Taste of Hops on Thursday, August 11. Mayor Grant thanked all of the residents that were planning to host a Night to Unite block party on Tuesday, August 2. Mayor Grant congratulated Ms. Jagoe for making a tremendous contribution to the City of Arden Hills and for being appointed to the Community Development Director position. ARDEN HILLS CITY COUNCIL— JULY 25, 2022 12 ADJOURN MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adjourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 8:57 p.m. Julie Hanson David Grant City Clerk Mayor DRAFT -AXQEN HILLS Approved: August 22, 2022 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING AUGUST 8, 2022 7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Chant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, David Radziej, and Steve Scott Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Dave Swearingen; Community Development Director Jessica Jagoe; Finance Director Gayle Bauman; 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 presented. The motion carried (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL Gregg Larson, 3377 North Snelling Avenue, stated Snelling Avenue has been under construction for the past several months. He explained this project was something he has been waiting for for the past 20 years. He reported the neighbors were all very grateful for the roadway and trail improvements. He thanked City staff and the contractor for managing the project well. He indicated he was surprised to learn that the speed limit had been posted at 40 miles per hour. He encouraged the City Council to reconsider this given the fact the roadway had been narrowed and the shoulders had been removed. 3. RESPONSE TO PUBLIC INQUIRIES None. ARDEN HILLS CITY COUNCIL—AUGUST 8, 2022 2 4. STAFF COMMENTS A. Transportation Update Public Works Director Swearingen reported paving of the northbound lanes of Lexington Avenue had been completed from County Road E to I-694. He explained the utility work was taking longer than anticipated, which meant work on this project would continue through August. He encouraged residents to contact Ramsey County with any questions or concerns regarding this project. Public Works Director Swearingen stated the final paving was complete for the Old Snelling improvement project and striping of the roadway would be completed in the next week. Public Works Director Swearingen explained the Arden Oaks neighborhood street improvement project was underway and the drain tile improvements were complete. He reported crews had installed concrete curb and gutter which meant the first course would be installed next week, weather permitting. 5. APPROVAL OF MINUTES None. 6. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item- Claims and Payroll B. Motion to Approve Capital Equipment Expenditure — Lake Johanna Fire Department C. Motion to Approve Purchase Agreement for City Owned Property located at 3588 Ridgewood Road D. Motion to Approve Payment to Klein Underground, LLC for Watermain Repair at 1230 Highway 96 E. Motion to Approve Final Payment — Insituform Technologies USA, LLC — 2021 CIPP Lining Project MOTION: Councilmember Holden moved and Councilmember Radziej seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried (5_0). 7. PULLED CONSENT ITEMS None. 8. PUBLIC HEARINGS None. ARDEN HILLS CITY COUNCIL—AUGUST 8, 2022 3 9. NEW BUSINESS None. 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS Councilmember Radziej explained he received a complaint from a resident concerning the speed of traffic along Lake Johanna Boulevard. This resident suggested digital speed signs be installed to address this concern. Councilmember Radziej reported a brewery was invited to Land O'Lakes and Boston Scientific and due to City Ordinance restrictions regarding small brewers, beer sales were not allowed. He encouraged the Council to consider changing City Code to allow for brewery/beer sales. Councilmember Radziej stated he was pleased to meet with many neighbors on National Night Out, which was held on Tuesday, August 2. Councilmember Scott sent his deepest condolences to the family, friends and colleagues of Ramsey County Deputy Sheriff Dallas Edeburn. Councilmember Scott noted he and his wife attended seven different events on National Night Out and he thanked the residents of Arden Hills for hosting so many wonderful events. Councilmember Scott encouraged residents to get out and vote on Tuesday, August 9 in the Primary Election. Councilmember Holmes stated she attended a number of National Night Out parties. She appreciated the level of engagement that occurred at each event she attended. Councilmember Holmes supported a permanent speed board being posted on Lake Johanna Boulevard. Councilmember Holmes requested further information from staff on the Bark and Rec event. Councilmember Holmes indicated she would like to know more about what was occurring at International Paper. City Administrator Perrault reported the sheriff has been visiting the site but did not know if any citations were issued. He noted he'd report back. Councilmember Holden stated she attended a number of National Night Out events and she was excited to see so many residents out visiting with their neighbors. ARDEN HILLS CITY COUNCIL—AUGUST 8, 2022 4 Councilmember Holden reported she would like the County to respond to the speed concerns along Lake Johanna Boulevard. She recommended this issue be addressed at a future work session in order to make this corridor safe for Arden Hills residents. Councilmember Holden explained the Rotary Club's Taste of Hops event would be held on Thursday, August 11. Councilmember Holden stated she has had several residents ask for gaga ball courts in Arden Hills. She requested staff look into installing a gaga ball court within several City parks and that this be discussed at a future work session. Councilmember Holden clarified for the record the Council did not vote down a Costco within TCAAP. She commented on the history of TCAAP and explained she would like to see a lot of small businesses on the TCAAP site versus big box retail in order to really make the development special. She expressed further frustration with the County and questioned when they would begin negotiating with the City. Councilmember Holden stated she received questions regarding the $4 million the City spent on TCAAP, noting the City has been or will be reimbursed for everything except for $1 million that has not been reimbursed from Ramsey County through the JPA/JDA. She commented further on the litigation costs and the expense for the conduit that was installed within TCAAP, which were expenses to the City. Mayor Grant explained it was great to see residents out and attending National Night Out events last Tuesday. Mayor Grant stated he asked staff to create a Council Activity list to address Council requests such as a speed sign on Lake Johanna Boulevard. Mayor Grant reported he toured Venture Solutions today along with staff, Councilmember Holmes and Councilmember Scott. Mayor Grant indicated he would support the Council revisiting City Code to address the request from Omni Brewing. ADJOURN MOTION: Councilmember Radziei moved and Councilmember Holden seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 7:34 p.m. Julic Hanson David Grant City Clerk Mayor 'I DRAFT ,- QEEN HILLS Approved: August 22, 2022 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL WORK SESSION AUGUST 8, 2022 IMMEDIATELY FOLOWING REGULAR CITY COUNCIL MEETING— ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session at 7:40 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Steve Scott, and David Radziej Absent: None Also present: City Administrator Dave Perrault, Finance Director Gayle Bauman, and City Clerk Julie Hanson 1. AGENDA ITEMS A. Lake Johanna Fire Department Long Range Planning Discussion City Administrator Perrault stated that this item was discussed at a previous work session. He noted an updated budget table showing more information regarding costs and a more detailed financial analysis. He asked if Council would be comfortable with accepting the SAFER Grant if it were awarded. Councilmember Holmes asked if the levy would have to be increased 2% a year between 2022 and 2030. Finance Director Bauman responded the levy would need to be increased by 19% in total over the eight years. Councilmember Holden said there is talk about not proceeding with the new building. Mayor Grant added they could apply for State bonding. Discussion ensued regarding State bonding for a new fire station, increasing the levy, and new Captain's salaries with and without the SAFER Grant. The consensus was to accept the SAFER Grant if it is awarded. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION— JUNE 20, 2022 2 B. THC Edibles Discussion Mayor Grant said that it is now legal to sell THC laden edibles in Minnesota. City Administrator Perrault stated that the legislature short-circuited the regulation and policy making on this issue, so Cities are playing catch-up. Some cities have approved one-year moratoriums,most cities are waiting on the League of Minnesota Cities to issue official guidance. Councilmember Holden said she didn't want this being sold in Arden Hills. Councilmember Scott said he would be in favor of a special license. Councilmember Holmes felt they should do a moratorium. Mayor Grant said if they do a moratorium for a year they can figure out where the League and other cities end up. City Administrator Perrault noted personnel policies would also need to be changed in the coming months regarding drug and alcohol testing. City Administrator Perrault said the Ramsey County Sheriff's Office would like to see consistency among the cities for enforcement. There is currently no model language. Clerk Hanson said White Bear Lake is considering a moratorium. Stillwater, Robbinsdale, Prior Lake, Cottage Grove have passed moratoriums. After further discussion it was decided to move forward with a one-year moratorium. 2. COUNCIL COMMENTS AND STAFF UPDATES Councilmember Holmes wondered if they want to think about having an Airbnb (short term rental) license. Councilmember Holden said she is aware of a home being rented by the week. She also thought they should increase the home rental registration fee. City Clerk Hanson noted the current fee is $45 that is doubled if they register late, and a misdemeanor can be charged if they don't register. Mayor Grant suggested they discuss short term rentals in 2023. City Administrator Perrault asked if they wanted to discuss a permanent speed sign on Lake Johanna Boulevard. Mayor Grant said the temporary would suffice. City Administrator Perrault said they could discuss the trail study at the next work session and asked for clarification on gaga ball pits. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION— JUNE 20, 2022 3 After brief discussion it was decided gaga ball pits would be placed for discussion/budget in 2023. Councilmember Radziej said there is a hornet nest on the slide at Valentine Park. ADJOURN Mayor Grant adjourned the Special City Council Work Session at 8:18 p.m. Jolene Trauba David Grant Deputy City Clerk Mayor CONSENT ITEM 6A -ARPEN�HILLS MEMORANDUM DATE: August 22, 2022 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. Memo Background Payroll is processed biweekly and accounts payable is processed weekly. Budget Impact N/A Attachments 2022 Payroll #17 $101,368.57 Total Payroll $101,368.57 Paid Claims - 08/01/2022-08/12/2022 (Check Nos. 51149-51189 and ACH Checks) $742,852.99 Total Accounts Payable $742,852.99 Total Claims $844,221.56 CITY OF ARDEN HILLS PAYROLL# 17 CHECKS DATED: 08/19/22 Biweekly: 07/30/22 - 08/12/22 EMPLOYEE DEDUCTIONS AMT. CITY BENEFIT Payment Method FIT 1 7,852.531 EFT SIT 1 3,501.871 EFT FICA Oasdi 1 5,319.861 5,319.86 EFT FICA Medicare 1 1,244.161 1,244.16 EFT TOTAL TAXES 1 17,918.421 6,564.02 Health Premium 2,204.88 0.00 A/P Check* Dental Premium 278.33 0.00 A/P Check* FSA Health Care Reimb. 50.00 A/P Check* FSA Dependent Care Reimb. 0.00 A/P Check* TOTAL FLEXIBLE SPENDING 1 2,533.211 0.00 HSA Health Saving 440.00 0.00 Health Care Savings Plan-Retirement 0.00 EFT Health Care Savings Plan-2% 0.00 EFT Health Care Savings Plan-4% 0.00 EFT TOTAL HEALTH SAVINGS 1 440.001 0.00 PERA 4,818.80 5,560.15 EFT ICMA 2,558.71 434.40 EFT Central Pension Fund-Union 1,536.00 A/P Check* MN State Retirement System 1,302.59 EFT TOTAL RETIREMENT 1 10,216.101 5,994.55 iUOE 49 Dues Union 140.00 A/P Check* LTD/STD Insurance 0.00 A/P Check* PERA Life Insurance 24.00 A/P Check* Life/AddUDep Life 47.39 A/P Check* Life/Addl non-tax 9.60 A/P Check* UNUM 1 19.51 A/P Check* AFLAC 1 22.761 EFT TOTAL VOLUNTARY 1 263.261 0.00 Total Employee Deductions 31,370.99 Net Payroll 0.00 Direct Deposit 57,439.01 EFT Gross Payroll Tie-Out 88,810.00 Plus City Paid Benefit 12,558.57 TOTAL PAYROLL COST 1 101,368.57 FICA TIE-OUT Gross Payroll 88,810.00 Less Total FSA 2,533.21 Less Total H.SA 440.00 Less Voluntary Ins 32.36 Net P/R Subject to FICA 85,804.43 FICA Oasdi ,6.20% 5,319.86 FICA Medicare a7 1.45% 1,244.16 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. Accounts Payable Checks by Date - Detail by Check Date User: gayle.bauman Printed: 8/16/2022 1:12 PM ----A EN HiiLLs Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0189 GOPHER STATE ONE CALL 08/05/2022 2070188 July Locates 96.30 2070188 Judy Locates 96.30 2070188 July Locates 96.30 Total for this ACH Check for Vendor 0189: 298.90 ACH 0192 GRAINGER INC 08/05/2022 9392436037 Supplies 52.82 9398649427 Shovels 170.10 Total for this ACH Check for Vendor 0192: 22292 ACH 0292 OXYGEN SERVICE COMPANY INC 08/05/2022 0003529557 July Rental 31.25 Total for this ACH Check for Vendor 0292: 31.25 ACH 0319 CITY OF ROSEVILLE 08/05/2022 0231114 IT Support-August 7,535.16 Total for this ACH Check for Vendor 0319: 7,535.16 ACH 0327 STAPLES INC 08/05/2022 3512986715 Supplies 9.59 3512986715 Supplies 429.61 3512986716 Supplies 15.41 Total for this ACH Check for Vendor 0327: 454.61 ACH 0382 ICMA RETIREMENT TRUST- 106944 08/05/2022 PR Batch 00100.08.2022 ICMA Employee Perce PR Batch 00100.08.2022 ICN 376.48 PR Batch 00100.08.2022 ICMA Employer Perce PR Batch 00100.08.2022 ICN 434.40 Total for this ACH Check for Vendor 0382: 810.88 ACH 0387 ICMA RETIREMENT TRUST#302482 08/05/2022 PR Batch 00100.08.2022 ICMA Employee Dedu PR Batch 00100.08.2022 ICN 1,924.54 PR Batch 00100.08.2022ICMA Employee Perce PR Batch 00100.08.2022 ICN 210.30 Total for this ACH Check for Vendor 0387: 2,134.84 ACH 0922 NINENORTH 08/05/2022 2022-136 July Production 838.83 Total for this ACH Check for Vendor 0922: 838.83 ACH 10363 MINUTE MAKER SECRETARIAL 08/05/2022 M1526 7/25 Council Minutes 243.00 Total for this ACH Check for Vendor 10363: 243.00 AP Checks by Date-Detail by Check Date(8/16/2022 1:12 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 10470 BRANDON PATTERSON 08/05/2022 080122 Mileage Reimbursement 193.75 Total for this ACH Check for Vendor 10470: 193.75 ACH 10476 TWIN CITIES COMMERCIAL CLEANEI 08/05/2022 0822TI23 Janitorial Services-July 2,005.58 Total for this ACH Check for Vendor 10476: 2,005.58 ACH 10480 STEVE THORP 08/05/2022 080122 Mileage Reimbursement 178.75 Total for this ACH Check for Vendor 10480: 178.75 ACH 10497 CINTAS CORP 08/05/2022 5118683486 First Aid supplies 131.18 5118683486 First Aid supplies 176.76 5118683486 First Aid supplies 468.75 Total for this ACH Check for Vendor 10497: 776.69 ACH 1125 BOLTON&MENK INC 08/05/2022 0292892 Launch PC 22-012#656 256.00 0292892 05/4/22-06/10/22 Planning Services 4,961.50 0292892 Trident PC 22-009 4650 256.00 0292892 Kunze PC 22-008#565 357.00 Total for this ACH Check for Vendor 1125: 5,830.50 ACH 5493 JOLENE TRAUBA 08/05/2022 072822 City Hall Flowers 32.12 072822 Mileage Reimbursement 32.08 Total for this ACH Check for Vendor 5493: 64.20 ACH advs ADVANTAGE SIGNS&GRAPHICS INC 08/05/2022 00053209 Stop Sign&Dog Leash Sign 60.45 Total for this ACH Check for Vendor advs: 60.45 ACH alpi ALLEGRA PRINT&IMAGING INC 08/05/2022 166727 Postage-July Newsletter -267.25 166727 July Newsletter 3,001.03 Total for this ACH Check for Vendor alpi: 2,733.78 ACH johc JOHNSON CONTROLS INC 08/05/2022 1-118685077217 Air Conditioning Repair 790.80 1-119613401484 Metasys Connection Repair 686.50 Total for this ACH Check for Vendor johc: 1,477.30 ACH Toii TOKLE INSPECTIONS INC 08/05/2022 080122 July Electrical Inspections 1,665.60 Total for this ACH Check for Vendor Toii: 1,665.60 51149 miscl RANDALLANDERSON 08/05/2022 080222 Damaged Mailbox Reimbursement 90.00 Total for Check Number 51149: 80.00 AP Checks by Date-Detail by Check Date(8/16/2022 1:12 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 51150 UB*00577 DAVID BARNIER 08/05/2022 Refund Check 012819-000,4393 Arden View C 12.69 Total for Check Number 51150: 12.69 51151 0131 BEISSWENGERS DO IT BEST 08/05/2022 615015 Nuts,Bolts,Brace,&Hammer Bit 23.04 617310 Drill Bits 17.58 Total for Check Number 51151: 40.62 51152 4450 CARLSON MCCAIN INC. 08/05/2022 0057242 3588 Ridgewood Rd-Locate/Mark Property Line 250.00 Total for Check Number 51152: 250.00 51153 10483 CENTRAL PENSION FUND 08/05/2022 401333.0722 July Apprenticeship Fund 256.00 Total for Check Number 51153: 256.00 51154 1033 COMCAST 08/05/2022 101030.0822 Service 8/3-9/2 108.35 Total for Check Number 51154: 108.35 51155 1032 COMMERCIAL ASPHALT CO INC 08/05/2022 220731 Asphalt 7/18/22 430.97 Total for Check Number 51155: 430.97 51156 UB*00578 JAMIE CRAVENS 08/05/2022 Refund Check 003161-000,4464 Arden View C 193.30 Total for Check Number 51156: 193.30 51157 UB*00580 JEFF or AMY FLEURY 08/05/2022 Refund Check 002203-000,1936 Grant Road 3.15 Total for Check Number 51157: 3.15 51158 9045 HAPPY FEET DANCE COMPANY LLC 08/05/2022 080322 Winter/Spring Dance Session 2,310.00 Total for Check Number 51158: 2,310.00 51159 idai IDEAL ADVERTISING INC 08/05/2022 53529 Cornhole Champ T-Shirts 90.00 Total for Check Number 51159: 90.00 51160 0495 LAKE JOHANNA FIRE DEPARTMENT 1 08/05/2022 848 2022 Capital Reimb-Engine/Ladder Chassis Rep 76,748.50 Total for Check Number 51160: 76,748.50 51161 5696 MAYER ARTS INC 08/05/2022 3414 Drama Camps 3,528.00 Total for Check Number 51161: 3,528.00 51162 10286 MINNESOTA OCCUPATIONAL HEALTF 08/05/2022 404538 Drug Screen 128.00 AP Checks by Date-Detail by Check Date(8/16/2022 1:12 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 51162: 128.00 51163 0330 PIONEER PRESS INC 08/05/2022 51503734.2022 Online Subscription-52 weeks 55.00 Total for Check Number 51163: 55.00 51164 3100 PROVIDENT LIFE AND ACCIDENT INS 08/05/2022 9672443.0722 July Premium 39.02 Total for Check Number 51164: 39.02 51165 UB*00579 JOHN PULLAR 08/05/2022 Refund Check 012329-000,1129 Tiller Lane 26.21 Total for Check Number 51165: 26.21 51166 0811 RAMSEY COUNTY 08/05/2022 072922 3420 Glenarden Rd 2nd Half Assessment 34302_ 29.00 Total for Check Number 51166: 29.00 51167 0282 REPUBLIC SERVICES#899 08/05/2022 0899003968639 June Revenue Share -2,953.04 0899003968639 July Recycling 8,534.50 0899003971185 PW July Waste 274.38 Total for Check Number 51167: 5,855.84 51168 10391 ST. PAUL UTILITIES AND EXCAVATIN( 08/05/2022 072122 Watermain Break Parkshore Drive 33,212.00 Total for Check Number 51168: 33,212.00 51169 0336 T.A.SCH[FSKY&SONS INC 08/05/2022 68220 Yard Purchases 7/10-7/16 672.75 68252 Yard Purchases 7/17-7/24 225.00 Total for Check Number 51169: 897.75 Total for 8/5/2022: 151,841.39 ACH 0243 METROPOLITAN COUNCIL-WASTE Wf 08/12/2022 0001143745 Waste Water-September 68,098.24 Total for this ACH Check for Vendor 0243: 68,098.24 ACH 0285 XCEL ENERGY 08/12/2022 789785763 6/15/22-7/17/22 1,804.52 789785763 6/15/22-7/17/22 1,980.86 789785763 6/15/22-7/17/22 2,720.67 789785763 6/15/22-7/17/22 2,139.50 789785763 6/15/22-7/17/22 333.34 789785763 6/15/22-7/17/22 309.72 789785763 6/15/22-7/17/22 65.40 Total for this ACH Check for Vendor 0285: 9,354.01 ACH 0319 CITY OF ROSEVILLE 08/12/2022 0231181 Q2 Water 296,733.36 AP Checks by Date-Detail by Check Date(8/16/2022 1:12 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 0319: 296,733.36 ACH 0320 HEALTH PARTNERS INC 08/12/2022 009590415118 September Insurance 961.27 Total for this ACH Check for Vendor 0320: 961.27 ACH 0327 STAPLES INC 08/12/2022 3513499176 Supplies 114.85 3513556612 Supplies 16.99 Total for this ACH Check for Vendor 0327: 131.84 ACH 10259 JOE VAUGHAN 08/12/2022 080522 Mileage Reimbursement 60.88 Total for this ACH Check for Vendor 10259: 60.88 ACH 1125 BOLTON&MENK INC 08/12/2022 0294023 2021 PMP Hazelnut Park/Glenpaul 1,704.50 0294024 2022 Snelling Ave Improvements 19,428.50 Total for this ACH Check for Vendor 1125: 21,133.00 ACH 4447 BRAUN INTERTEC CORPORATION 08/12/2022 B304424 Arden Oaks PMP materials testing 2,063.50 Total for this ACH Check for Vendor 4447: 2,063.50 ACH 4889 COMMUNITY FOOTWORKS 08/12/2022 08042022 August Foot Care Clinic 355.20 Total for this ACH Check for Vendor 4889: 355.20 ACH 7025 ON SITE COMPANIES-OSSTC INC 08/12/2022 0001377512 Restrooms 8/6-9/2 682.00 Total for this ACH Check for Vendor 7025: 682.00 ACH 7501 KELLY&LEMMONS PA 08/12/2022 58703 July Prosecution 3,057.50 Total for this ACH Check for Vendor 7501: 3,057.50 ACH alpi ALLEGRA PRINT&IMAGING INC 08/12/2022 166810 Fall Recreation Guide 3,108.51 166810 Fall Recreation Guide Postage 782.79 166851 Business Cards-JJ 137.68 Total for this ACH Check for Vendor alpi: 4,028.98 51170 1033 COMCAST 08/12/2022 98681.0822 Service 8/5-9/4 111.32 Total for Check Number 51170: 111.32 51171 0841 EHLERS&ASSOCIATES INC. 08/12/2022 90717 2022 Continuing Disclosure Reporting 97.50 90717 2022 Continuing Disclosure Reporting 652.50 Total for Check Number 51171: 750.00 AP Checks by Date-Detail by Check Date(8/16/2022 1:12 PM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 51172 0849 FRA-DOR BLACK DIRT&RECYCLE 08/12/2022 2207136 Black Dirt 80.00 Total for Check Number 51172: 80.00 51173 0176 FRATTALLONES HARDWARE INC 08/12/2022 C40492/A Paint Supplies 13.98 Total for Check Number 51173: 13.98 51174 0447 LU.O.E LOCAL 49 BENEFIT FUND-INSI 08/12/2022 BP3.0922 September Insurance 10,760.00 N134.0922 September Insurance 1,527.00 Total for Check Number 51174: 12,287.00 51175 8762 INSITUFORM TECHNOLOGIES LLC 08/12/2022 Retainage 2021 CIPP Lining Project-Retainage 9,777.18 Total for Check Number 51175: 9,777.18 51176 0390 INT'L UNION OPERATING ENGINEERS 08/12/2022 1200.0822 August Dues 280.00 Total for Check Number 51176: 280.00 51177 10330 KLEIN UNDERGROUND LLC 08/12/2022 54909 Concrete water main break 1230 Highway 96 13,433.68 Total for Check Number 51177: 13,433.68 51178 10509 LYON CONTRACTING INC 08/12/2022 08042022 Hydrant Meter Rental 2021-01322 -369.03 08042022 Hydrant Meter Rental 2021-01322 2,000.00 Total for Checl<Number 51178: 1,630.97 51179 10448 MARCO TECHNOLOGIES LLC 08/12/2022 478955255 Copier Contract 7/25-8/25 200.36 478955255 Copier Contract 7/25-8/25 35.35 Total for Check Number 51179: 235.71 51180 5443 METRO PRODUCTS INC 08/12/2022 168423 Supplies 335.78 Total for Check Number 51ISO: 335.78 51181 01467 MINNESOTA SWORD PLAY 08/12/2022 75 Summer Fencing Camp 525.00 Total for Check Number 51181: 525.00 51182 10271 MN PEIP 08/12/2022 1215104 September Insurance 13,601.10 Total for Check Number 51182: 13,601.10 51183 1900 MOUNDS VIEW PUBLIC SCHOOLS 08/12/2022 Bldg 2022-00352 Refund plan check fee on permit 2022-00352 1,534.75 Total for Check Number 51183: 1,534.75 AP Checks by Date-Detail by Check Date(8/16/2022 1:12 PM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 51184 nscc NORTH SUBURBAN COMMUNICATI01 08/12/2022 2022-519 Q3 2022 Contribution 6,102.59 Total for Check Number 51184: 6,102.59 51185 AR-HAWK PATEL INVESTMENTS 08/12/2022 PC 17-023 Escrow refund-PC 17-023,Springhill Suites#3 877.55 Total for Check Number 51185: 877.55 51186 10373 QUADIENT FINANCE USA INC 08/12/2022 6418.073122 Postage 1,000.00 Total for Check Number 51186: 1,000.00 51187 0811 RAMSEY COUNTY 08/12/2022 EMCOM-010211 Fleet Support-July 24.96 EMCOM-010247 911 Dispatch Services-July 4,418.27 EMCOM-010264 CAD Services-July 732.41 SHRFL-002083 Law Enforcement-August 116,177.07 Total for Check Number 51197: 121,352.71 51188 10354 ST. PAUL PIONEER PRESS 08/12/2022 722572589 PC 22-012#656 3737 Lexington Launch Prop 52.64 722572589 PC 22-014#663 4300 Round Lake Delkor 46.06 Total for Check Number 51188: 98.70 51189 9755 VERIZON CONNECT NWF INC 08/12/2022 OSV000002831487 July service 323.80 Total for Check Number 51189: 323.80 Total for 8/12/2022: 591,011.60 Report Total(72 checks): 742,852.99 AP Checks by Date-Detail by Check Date(8/16/2022 1:12 PM) Page 7 CONSENT ITEM—6B ,-AI�EN HILLS MEMORANDUM DATE: August 22, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Ordinance Amendment— Section 910, Swimming Pools Safety Fencing Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Adoption of Ordinance 2022-005 for an amendment to the language in Section 910, Subsection 910.11, Subd. TA— Swimming Pool, Safety Fencing of the Arden Hills City Code to reduce the minimum height requirement for pool safety fencing to four(4) feet. All items need a simple majority for action unless otherwise noted. Background/Discussion At the July 1 lth City Council Regular Meeting, Katy Muckala at 1147 Karth Lake Drive addressed the Council during public inquiry requesting Council consideration to amend the ordinance on the minimum height requirements for safety fencing around swimming pools. Ms. Muckala proposed the City Council amend the current ordinance language in City Code Chapter 9, Building Regulations under Section 910, Swimming Pools to reduce the safety fencing requirement from a minimum of five feet tall to four feet tall. The Arden Hills City Code current language is as follows: Section 910.11, Construction Standards, Subd. 7 Safety Fencing A. All pools shall be provided with safeguards to prevent children from gaining uncontrolled access. This shall be accomplished with,fencing of not less than,five,feet in height. Page 1 of 2 B. All.fence openings or points of entry into the pool area enclosure shall be equipped with gates. C. All gates shall be equipped with self-closing and self-latching devices placed on the top of the gate or otherwise inaccessible to small children. City staff was directed to bring this item back to City Council for further discussion. At the July 18th City Council Work Session Meeting, staff presented survey results of minimum pool safety fencing requirements of several adjacent communities. City Council feedback was generally supportive for the reduction of the minimum pool safety fencing height from five feet to four feet. Based on the work session discussion, city staff has prepared the proposed ordinance amendment for adoption. Budget Impact N/A Attachments Attachment A—Draft Ordinance 2022-005 Page 2 of 2 I t N P Attachment A ORDINANCE NO. 2022-005 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 9, SUBSECTION 910.11, OF THE ARDEN HILLS CITY CODE REGARDING SWIMMING POOLS; CONSTRUCTION STANDARDS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 9 Building Regulations, Section 910 Swimming Pools, Subsection 910.11 Construction Standards, Subdivision 7 Safety Fencing, subparagraph A., is hereby amended by deleting st ilk language and adding the underlined language as follows: Chapter 9—Building Regulations Section 910— Swimming Pools 910.11 Construction Standards. Subd. 7 Safety Fencing; Height. A. All pools shall be provided with safeguards to prevent children from gaining uncontrolled access. This shall be accomplished with fencing of not less than fi-ve four 4 feet in height. SECTION 2. This Ordinance shall become effective immediately upon its passage and publication according to law. PASSED and ADOPTED this 22"d day of August, 2022, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By David Grant, Mayor ATTEST: Julie Hanson, City Clerk Published in the Pioneer Press on August 24, 2022. To view the final document, access adopted Ordinances via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage CONSENT ITEM— 6C ,-iIZEN HILLS MEMORANDUM DATE: August 22, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Interim Ordinance 2022-006 Establishing a Moratorium related to THC Products Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table, or deny the following: • Adoption of Ordinance 2022-006—Interim Ordinance Prohibiting the Sale, Testing, Manufacturing and Distribution within the City of Products Containing tetrahydrocannabinol (THC) and Authorization to Publish Summary Ordinance The Ordinance amendment requires a simple majority for^action. The Summary Ordinance requires a 415 vote. Backuound/Discussion On July 1, 2022, the Minnesota Legislature adopted an amendment that permits the sale of edible cannabinoid products that contain no more than 0.3% of THC (a derivative of hemp). The amendment was enacted with very few regulations in place, such as prohibiting sales to anyone under 21 years of age, individual dosage limitations (products can contain no more then 5 milligrams per serving and no more than 50 milligrams per package), and certain requirements for packaging and warnings. Individual cities are tasked with the responsibility of determining what, if any, additional licensing and/or regulations to pursue in their municipality. The City Council discussed this topic at a special work session on August 8 (Attachment A). Council directed staff to draft an interim ordinance that would establish a one-year moratorium which will allow the Council and staff adequate time to further study this matter. Staff has worked with the City Attorney regarding ordinance language (Attachment B) as well as a summary ordinance (Attachment C). It is important to note this moratorium does not apply to products containing THC related to the Medical Cannabis Program as administered by the Minnesota Department of Health,provided the activity is conducted in accordance with state law regarding medical cannabis. Page 1 of 2 Budget Impact N/A Attachments A. August 8, 2022 Special City Council Work Session Memo B. Ordinance 2022-006 C. Summary Ordinance 2022-006 Page 2 of 2 Attachment A AGENDA ITEM— 1B 'It ,-iRZEN HILLS MEMORANDUM DATE: August 8, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: THC Edibles Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council should consider providing direction on whether or not it wants to update the City's ordinance to address the recent law allowing for certain tetrahydrocannabinol (THC) edible products. Background A new law (Minn. Stat. Section 151.72) was enacted effective July 1, 2022 making it legal to sell certain edibles and beverages infused with THC, the cannabis ingredient extracted from hemp for human or animal consumption. This law provides for the sale of non-intoxicating cannabinoids, including edible products, provided they do not contain more than 0.3% of any THC. An edible cannabinoid product also cannot exceed more than five milligrams of any THC in a single serving, or more than a total of 50 milligrams of any THC per package. This new law does not limit where edible cannabinoids products can be sold with the exception of exclusive liquor stores. Minn. Stat. 340A.412, subd.14 limits exclusive liquor stores' ability to sell certain products. Based on this, the Alcohol and Gambling Enforcement Division (AGED) has confirmed with the League of Minnesota Cities (LMC) that products containing CBD, hemp, or THC are not allowed for sale at an exclusive liquor store. This means any business in Arden Hills, with the exception of Cub Discount Liquor, legally can sell THC products right now. While cities cannot prohibit the sale of edible cannabinoids entirely, they can adopt certain regulations and/or create a new license for sale of these products, similar to tobacco and other business licenses. It is important to note that should a city wish to require a license for the sale of THC products, the LMC recommends that this license be completely separate from tobacco as the regulations are quite different and unique to each. The LMC does also provide for various considerations when drafting regulations for licensing such as the areas where the products can be Page 1 of 2 sold, what business should be allowed to sell, the age of the person selling the product, location of product within the retail establishment, pop up sales, online or delivery, hours, background checks, age verification and limiting the number of establishments within a city. There is no guidance provided for licensing fees; however, guidance states the fee "must approximate the direct and indirect costs associated with issuing the license and policing the licensed activities" (per LMC guidance). Should the Council wish to not adopt additional regulations, the sale and production of these products would be governed by the City's existing zoning regulations. It is important to note the new law does provide for enforcement of violations as a misdemeanor. Staff has been keeping an eye on the information and guidance provided by the LMC as well as staying apprised of what other metro cities may be doing, and right now it is a mix. At this time, staff is requesting guidance from the City Council regarding this matter. City Council may choose to do nothing at this time and instead wait and watch for further developments and guidance form the LMC and other cities (some cities are continuing to watch the situation evolve, some have chosen to pursue restrictions and some have chosen to impose a moratorium in order to have more time to collect information (and the city must follow a certain procedure set forth in Minn. Stat. Section 462.352, Subd. 4 for moratoriums)), or the Council may wish to move forward with some type of regulation. Another important factor of this topic relates to the City's policies. It is important to note that this new law will require updates to the City's policy language pertaining to drug testing and drug-free workplace. Because Federal law preempts state law related to CBD use, the LMC recommends that cities continue to follow their current drug testing procedures related to CDL holders and enforce prohibitions against any use of cannabis for CDL holders. For non-CDL drivers (such as seasonal Public Works staff), the new law provides no allowance for an employee to use or be impaired by cannabis while on duty. The LMC continues to research this aspect of the law and staff will bring forward language modification in the future. More comprehensive guidance information from the LMC, including FAQs, can be found at https://www.Ime.org/resources/cities-and-regulation-of-edible-cannabinoid-products/ Budget Impact N/A Attachment N/A Page 2 of 2 it Attachment B - . EN.' HILLS ORDINANCE NO. 2022-006 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION WITHIN THE CITY OF PRODUCTS CONTAINING THC THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Purpose of Moratorium. This Interim Ordinance establishes a moratorium on the sale, testing, manufacturing and distribution of products containing tetrahydrocannabinols (THC) in order to allow the City time to study the issue and determine what, if any, additional licensing and/or regulations for THC products to pursue. SECTION 2. Restriction and Exception. No individual, establishment, organization, or business may sell, test, manufacture, or distribute products containing THC for twelve (12) months from the effective date of this ordinance. This moratorium does not apply to the selling, testing, manufacturing, or distributing of Products Containing THC related to the Medical Cannabis Program as administered by the Minnesota Department of Health, provided that such activity is done in accordance with the regulations and laws of Minnesota regarding Medical Cannabis. SECTION 3. Term. Unless rescinded by action of the City Council, the moratorium prohibiting the sale, testing, manufacturing and distribution of products containing THC as established by this Ordinance shall remain in full force and effect until August 22, 2023. The moratorium may be extended as provided in Minn. Stat. §462.355, subd. 4(d). SECTION 4. Enforcement. Any person, corporation, or other entity found to be in violation of this Ordinance shall be guilty of a misdemeanor. SECTION 5. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this 22"d day of August, 2022, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Ordinances via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage Attachment C --A �ENHILLS CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA SUMMARY ORDINANCE NO. 2022-006 AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING,AND DISTRIBUTION WITHIN THE CITY OF PRODUCTS CONTAINING THC NOTICE IS HEREBY GIVEN that, on August 22, 2022, Ordinance No. 2022-006 was adopted by the City Council of the City of Arden Hills, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2022-006, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that Ordinance 2022-006 establishes a one year moratorium on the sale, testing, manufacturing and distribution of products containing tetrahydrocannabinols (THC) within the City of Arden Hills in order to allow the City time to study the issue and determine what, if any, additional licensing and/or regulations for THC products to pursue. The ordinance provides an exception for products related to the state's medical cannabis program. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours or on the City's website. APPROVED for publication by the City Council of the City of Arden Hills,Minnesota, this 22 day of August 2022. CITY OF ARDEN HILLS By David Grant, Mayor ATTEST: Julie Hanson, City Clerk Published in the St. Paul Pioneer Press on August 24, 2022 CONSENT ITEM— 6D ,-iIZEN HILLS MEMORANDUM DATE: August 22, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Temporary Liquor License Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table, or deny the following: • Approval of a Temporary Liquor License to MATTER(a non-profit) for an event at Boston Scientific on September 27, 2022 All items need a simple majority for action unless otherwise noted. Background/Discussion The City received a request for a temporary liquor license for an event to be held at Boston Scientific on Tuesday, September 27. This event is for employees and their guests and is not open to the public. A non-profit called MATTER that is based in St. Louis Park, Minnesota will be on site at Boston Scientific providing a volunteer project. MATTER has made application for the temporary liquor license and is partnering with Omni Brewing to provide beverages (see Attachment A— temporary liquor license application form). There is no fee for this type of license (neither City nor State). Both MATTER and Omni have provided the required Certificate of Insurance, which includes specific liquor liability coverage. Should the Council approve this temporary liquor license application, the City Clerk will execute and provide such to the State's Alcohol and Gambling Enforcement Division (AGED). AGED has the final approval of temporary licenses and requires 30 days' notice of an event. The City will meet this deadline without issue. Budget Impact N/A Attachments A. State of Minnesota Temporary Liquor License Application B. Certificate of Insurance (MATTER) C. Certificate of Insurance (Omni Brewing) Page 1 of 1 Minnesota Department of Public Safety Attachment A Alcohol and Gambling Enforcement Division 445 Minnesota Street,Suite 1600, St. Paul, MN 55101 651-201-7507 TTY 651-282-6555 Alcohol&Gambling Enforcement APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date of organization Tax exempt number MATTER 08/16/2022 6622015 Organization Address(No PO Boxes) City State Zip Code 7005 Oxford St St.Louis Park Minnesota 55426 Name of person making application Business phone Home phone Victor Salamone 952-500-8652 Date(s)of event Type of organization ❑ Microdistillery ❑ Small Brewer 9/27/2022 ❑ Club X❑ Charitable ❑ Religious ❑ Other non-profit Organization officer's name City State Zip Code Quenton Marty St.Louis Park Minnesota 55426 Organization officer's name City State Zip Code Jeremy Newhouse St.Louis Park Minnesota 55426 Organization officer's name City State Zip Code Minnesota Location where permit will be used. If an outdoor area,describe. Boston Scientific 4100 Hamline Ave N Arden Hills MN 55112 Outside Building 3 Parking lot,next to the tent hosting the community service activity If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. OMNI Brewing Company,9462 Deerwood Lane N,Maple Grove,MN 55369 If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. MATTER's insurance carrier that is providing the liquor liability coverage:Swiss Recorp Solutions Elite Insurance Liquor liability coverage limits of$1 million per claim&$1 million aggregate APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license Date Approved Fee Amount Permit Date Event in conjunction with a community festival ❑ Yes ❑ No City or County E-mail Address Current population of city Please Print Name of City Clerk or County Official Signature City Clerk or County Official CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event No Temp Applications faxed or mailed. Only emailed. ONE SUBMISSION PER EMAIL,APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICA TION@STA TE.MN.US Client#: 1882917 Attachment 6 DATE(MM/DD/YYYY) ACORD. CERTIFICATE OF LIABILITY INS 08/15/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lisa Soland USI Insurance Services, LLC a/o"N,Ext:800 873-8500 AIC,No): 610-537-1954 8000 Norman Center Drive, Suite 400 -ADDRESS: lisa.soland@usi.com Minneapolis, MN 55437 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Swiss Re Corp Solutions Elite Ins Corp INSURED INSURER B:Old Republic Insurance Company _ Matter Scottsdale Insurance Company _ '. INSURER C: 7005 Oxford Street, Suite A INSURER D:Travelers Casualty and Surety Company _ St Louis Park, MN 55426 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 37035097 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY 05/31/2022 05/31/202 1 EACH OCCURRENCE $1 000 000 CLAIMS-MADE ^ OCCUR PREMISES Eaoccurr nce $500 000 MED EXP(Any one person) $20 OOO PERSONAL&ADV INJURY $1,0003000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 X POLICY ECOT LOC PRODUCTS-COMP/OPAGG $3,000,000 OTHER: EmpBenefits $$1MCIm/$3MA A AUTOMOBILE LIABILITY 5/31/2022 05/31/202 EaMBINED S accidentINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR 5/31/2022 05/31/2023 EACH OCCURRENCE s2,000,000 EXCESS LIAB X CLAIMS-MADE AGGREGATE s2,000,000 DED X RETENTION$10000 $ B WORKERS COMPENSATION 06/05/2022 06/05/202 X IPER STATUTE EORH AND EMPLOYERS'LIABILITY YIN N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500 000 OFFICER/MEMBER EXCLUDED? [N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 C Products Liab. 05/31/2022 05/31/2021 $1M Cim/$1M Agg A Liquor Liability 05/31/2022 05/31/2023 $1M Cim/$1M Agg D D&O/EPLI 05/31/2022 05/31/2023 $3M Cim/$2M Cim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of Insurance CERTIFICATE HOLDER CANCELLATION City of Arden Hills SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1245 Hwy 96 W ACCORDANCE WITH THE POLICY PROVISIONS. Arden Hills, MN 55112 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S37035097/M36242232 SACT Attachment C ,acoRo° CERTIFICATE OF LIABILITY INSU DATE(MM/DD/YYYY) 08/15/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Matthew Razidlo NAME: Christensen Group PHONE (g52)653-1000 FAX (952)653-1100 A/C No Ext: A/C,No 9855 West 78th Street,Ste 100 E-MAIL mrazidlo@christensengroup.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Eden Prairie MN 55344 INSURERA: West Bend Insurance Co - INSURED INSURER B OMNI Brewing Company LLC INSURER C: 14962 64th Ave N INSURER D: INSURER E Maple Grove MN 55311 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 Beer Truck REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER MM/DD YYYYMMPOLICY EFF L D Y YY LIMITS CY EXP LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGETCLAIMS-MADE �OCCUR PREM SESOEa occur«Dance $ 100,000 MED EXP(Any one person) $ Excluded A 07/01/2022 07/01/2023 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PRO ❑ 2,000,000 JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 07/01/2022 07/01/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per.accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE 07/01/2022 07/01/2023 AGGREGATE $ 1,000,000 DED RETENTION$ $ WORKERS COMPENSATION X STATUTE ER AND EMPLOYERS'LIABILITY YIN SOO,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ p` OFFICER/MEMBER EXCLUDED? NIA O7/O1/2022 07/01/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Liquor Liability Aggregate Limit $1,000,000 A 07/01/2022 07/01/2023 Common Clause Limit $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is included as an Additional Insured under the General Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Arden Hills ACCORDANCE WITH THE POLICY PROVISIONS. 1245 W Highway 96 AUTHORIZED REPRESENTATIVE Arden Hills MN 55112 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CONSENT ITEM— 6E 'It ,-iRZEN HILLS MEMORANDUM DATE: August 22, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director/ City Engineer SUBJECT: Snelling Avenue North Street and Utility Improvements— Payment No. 3 Budgeted Amount: Actual Amount: Funding Source: $1,497,000 $1,622,585 PIR, Special Assessments Future MSA, Utility Funds Council Should Consider Motions to approve, table, or deny the following: • Payment No. 3 for the Snelling Avenue North Street and Utility Improvements Project to T.A. Schifsky& Sons, Inc. in the amount of$329,676.32. All items need a simple majority for action unless otherwise noted. Background/Discussion On April 11, 2022, City Council approved Resolution 2022-020 Awarding the 2021 PMP Street and Utility Improvements construction contract to T.A. Schifsky& Sons, Inc. The project is approximately 90% complete. The utility improvements have been completed, the trail has been constructed and the final paving course of the street has been placed. Still to complete is final restoration of the disturbed areas, striping and signage. Staff and the design team are currently working with the contractor on an option for curb installation on Cummings Lane. Five percent is being withheld from the work completed in accordance with the contract documents. Payment No. 3 is in the amount of$329,676.32. Bolton & Menk has provided a recommendation to accept Payment No. 3 (Attachment A). Staff recommends that Council approve Payment No. 3. Page 1 of 2 Budget Impact Total Construction Expenses: Original Contract Amount: $ 1,277,585.49 Other Expenses: Engineering Design: $ 112,172.00 Construction Mgmt: $ 87,684.00 Gen Admin & Legal: $ 20,000.00 Material Testing: $ 47,000.00 Const. Contingency: $ 78,143.00 $ 1,622,584.49 Attachments Attachment A: Bolton& Menk Letter of Recommendation Attachment B: Pay Request No. 3 Page 2 of 2 BOLTON Attachment A & MENK Ph: (952) 890-0509 Real People. Real Solutions. Fax: (952) 890-8065 Bolton-Menk.com August 9, 2022 Mr. David Swearingen, P.E. City of Arden Hills 1245 W Highway 96 Arden Hills, MN 55112 Re: Pay Application No. 3 Snelling Avenue North Street&Utility Improvements City of Arden Hills, Minnesota BMI Project No. OT1.124965 Dear Mr. Swearingen: We are recommending approval of the enclosed Pay Application No. 3 and payment to T.A.Schifsky &Sons, Inc. Please request approval from the Mayor and Council at the August 22, 2022 Council Meeting. If approved,please sign the Pay Application,and return a copy of each to me. I will then forward the signed copies to T.A. Schifsky&Sons,Inc. for their records. Please call if you have any questions regarding this recommendation or the enclosed pay application. Sincerely, Bolton & Menk, Inc. ��� Ak'/ Brad Fisher, P.E. Project Engineer Enclosures H:\ARDH\OT112496S\7-Construction\D-PayApplications\PayApp 3\Payment Recommendation Letter\20220809 Pay Application No 3 Recommendation.docx Bolton&Menk is an equal opportunity employer. Attachment B CONTRACTOR'S PAY REQUEST QD BOOLTONDISTRIBUTION: 2022 SNELLING AVENUE NORTH STREET& UTILITY & MEN K IMPROVEMENTS CONTRACTOR(1) Real People.Real Solutions. OWNER(1) CITY OF ARDEN HILLS - PW-20-0100 ENGINEER(1) BMI PROJECT NO. OT1.124965 TOTAL AMOUNT BID PLUS APPROVED CHANGE ORDERS $1,277,585.49 TOTAL, COMPLETED WORK TO DATE $1,124,899.45 TOTAL, STORED MATERIALS TO DATE $0.00 DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED $0.00 TOTAL, COMPLETED WORK&STORED MATERIALS $1,124,899.45 RETAINED PERCENTAGE ( 5.0% ) $56,244.97 TOTAL AMOUNT OF OTHER PAYMENTS OR (DEDUCTIONS) $0.00 NET AMOUNT DUE TO CONTRACTOR TO DATE $1,068,654.48 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES $738,978.16 PAY CONTRACTOR AS ESTIMATE NO. $329,676.32 CERTIFICATE FOR PARTIAL PAYMENT I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the contract amount for the period covered by this Estimate. Contractor: T. A. Schifsky& Sons, Inc. 2370 E. Hwy 36 North St. Paul, MN 55109 By VP of Operations Name Title Date August 9, 2022 CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: ENGINEER: BOLTON & MENK, INC., 12224 NICOLLET AVE, BURNSVILLE, MN 55337 By CONSULTING ENGINEER Date 08/09/2022 APPROVED FOR PAYMENT: OWNER: By Name Title Date And Name Title Date CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U') CD 0 0 0 0 0 0 0 0 0 0 0 0 0 LO O CDO LO CD CD CD 00 LO CD V V 00 v m m C0 ° O O O O O O O O O O O O O O O 7 M LO 0 0 7 0 0 V 0 0 0 0 0 0 0 I` O) O O) O O O O O0 LO O V O O0 O O I` V LO Z�G W F OOOOLI) C) C) LoOON � OmV O (DONOOO mm Itmof V mOOOOMOmm NO F z O O CG N I` V V V of Cc CO V N M M I` O 6) V 69 I.69 M M CG of I-- M I` U) HT(f3 L-) of O N M of LO Li) of O) O c F Q ] cm) N N I- m of N w N O (D m O U) 70 m W I• M H CD LO LO N 0) 0) CD -It 0 -ItO Ln 00 M O N V CO V O C:) co 2 O LO -t V N N M m N lO M GG(H b9<f3 CV CG CG y N LC) LO O m O lO N m m 0 7 n j F (fl(A 64 64 64 64 64 67 61,61)64 64 64 64 64 64 64 h 7 64 64 64 N 64 64 N LO I--W v°, Q m Q 64 EA 64 64 NEiJ 64!f3 64 64 64 EA EA EA 64 if3 .j w o o m� ° � xx � xxxxx � � � � � 000 � � 000000 � 000 o x � x � � � � O- W U L.L LL LL LL LL LL } } } LL LL } } } } } } } } } J } Z LL LL LL_ LL CO 2 2 2 2 2 2 2 LL LL LL O U U U U U U U Q U U U U U U U U U m d w LU° >. a ¢ a Z ¢ a a a a _Z Z _Z Z _Z d O O z 0» » » ❑ » d O d o ¢ Z ¢ _Z z z m a ¢ a ¢ ¢ ¢ ¢ z z z J JFF � W W J W W W W W JJJJJfA CA fA J (AUUUUUU � UUlA U ~ W J w J J J 2W W W W W W W J J J 2 2 Z J J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O F > o00000000000ggq0 � 00C� ggcq0000000Ln00000000000000 «� Lnoo 'n 7 C) M N LO CO 1` n C)LO M n CDL() LO W (DN C) M C) (D C) N 00 C) 00 M C) 0) 0 0 (D LO 00 M CO N CO N W CO Cn N N 7 7 N f- W CO 7 N N CO 7 00 O O N lL7 O M 00 Ln 7 7 M I- LO 00 V N N N 7 O O M N 0000000000000000 LO 00000000000000 LO O O O LO O O O N LO O V V N V M co 00 G 0000000000000007 M Un O O V OO V 0000000 t` O O O O O O O N UO O V ON (D OI` V UO W F O C. 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OLLcnwwpw � (� U) ¢ pMFO F ❑ — LL J U00 Zm2iY N 0 � � � UU - W W W ww W w ¢ W' OU) U' w ❑ ¢ 00zJ � J Q Z � p ¢ LLDD oZHH W' FF mUU zw ❑ Zz W J ❑ JZ ¢ U W . � (� F � � ¢ � U � wwUU ¢ ¢ JJU J ¢ N w0 ❑ ❑ Jm W �I Z z N F L H j U) to � o pD U U p p Z p Q Q � Q Q LL m � � � w � O Q W UUi j J 0 cz a 0 0 0 � a - m c o V U L w Of Y z ZU-` F O ❑w O JO m ❑ Q a N G) Q = O � U ¢ Uc� ? wzomG � i� i � � ? ? � o ? u� cnu~icnU � vNVin- U o z z w x a Z W F J° c) LL W 0 N M V M (fl r- W M CD M V M (o 1` W M CD M V M (fl r- W M CD w Q O O W p lO Ln LO Ln LO LO M Ln m (o Co co Co (o (o (o (o (o Co 1� r= � r— r— r— W wOaY FZ a of N H 0 CD N U00 � CONSENT ITEM— 6F ,-AI�EN HILLS MEMORANDUM DATE: August 22, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director/City Engineer SUBJECT: Snelling Avenue North Street and Utility Improvements—Materials Testing Budgeted Amount: Actual Amount: Funding Source: $1,497,000 $1,622,585 PIR, Special Assessments Future MSA, Utility Funds Council Should Consider Motions to approve, table, or deny the following: • Professional services for materials testing to Braun Intertec in an amount not to exceed $25,000 for the Snelling Avenue North Street and Utility Improvements Project. All items need a simple majority for action unless otherwise noted. Background/Discussion On April 11, 2022, City Council approved Resolution 2022-020 Awarding the 2021 PMP Street and Utility Improvements construction contract to T.A. Schifsky & Sons, Inc. During construction, Braun Intertec has been performing materials testing services for quality control and quality assurance for the City as required with state-aid funded projects. Items to be tested include concrete curb and gutter, concrete and bituminous sidewalk, base material quality and compaction, bituminous pavement density, etc. An initial invoice in the amount of $7,467 has already been paid to Braun Interec for their work. The current invoice being considered for payment totals $8,925, which brings the current total for the materials testing services to $16,392. Staff anticipates additional invoices for the work, bringing the total payments to just over $20,000. Staff recommends that Council approve the invoice from Braun Intertec in the amount of $8,925.00 (Attachment A) and authorize staff to approve future invoices up to an amount not to exceed $25,000. Page 1 of 2 Budget Impact Materials testing for this project is budgeted for $47,000 as shown in the project cost breakdown below. Due to the low levels of contamination found on the site, materials testing costs will come in under $25,000. To date, including this payment request, there has been a total of$16,392 in materials testing costs. Total Construction Expenses: Original Contract Amount: $ 1,277,585.49 Other Expenses: Engineering Design: $ 112,172.00 Construction Mgmt: $ 87,684.00 Gen Admin & Legal: $ 20,000.00 Material Testing: $ 47,000.00 Const. Contingency: $ 78,143.00 $ 1,622,584.49 Attachments Attachment A: Braun Intertec Invoice Page 2 of 2 • Attachment A B R A U N PLEASE REMIT Braun Intertec Corporation N T E RT E C Lockbox#446035 PO BOX 64384 Saint Paul, MN 55164-0384 The Science You Build On. Telephone (952)995-2000 Fax (952)995-2020 Fax I.D. 41-1684205 David Swearingen Date 8/5/2022 City of Arden Hills Invoice number B304278 1425 Paul Kirkwold Dr Project ID B2203347 Arden Hills, MN 55112 Customer account A24360 Customer PO Arden Hills-2022 Snelling Ave N Impts(SAP 187-111 -003) Construction Materials Testing&Environmental Services Snelling Avenue North from Snelling Avenue to County Road E Arden Hills, MN 55112 For Professional Services rendered through 7/29/2022 1 - MnDOT Testing 1.1 -Soil Testing $477.00 1.2-Concrete Testing $4,220.00 1.3-Pavement Testing $2,749.00 1.4-Project Management $1,389.00 $8,835.00 2- RAP Implementation,Reporting,and Regulatory Coordination 2.3-Project Management and Meetings $90.00 $90.00 Total Fees $8,925.00 Amount Previously Invoiced: $7,467.00 Amount Invoiced to Date: $16,392.00 Page 1 of 2 Please pay from this invoice. Terms:Due on receipt, 1 1/2%per month after 30 days,18%annual percentage rate, unless otherwise specified by written agreement. Projects:B2203347-Arden Hills-2022 Snelling Ave N Impts(SAP 187-111-003) Invoice number:B304278 Qty/Hours Rate Amount 1 - MnDOT Testing 1.1 -Soil Testing Consulting Services Detail Sample pick-up 2.00 84.00 168.00 Non-Salary Detail Sieve Analysis with 200 wash, per sample 1.00 136.00 136.00 Asphalt Content of Aggregate Base,per sample 1.00 150.00 150.00 CMT Trip Charge 1.00 23.00 23.00 Total 1.1 -Soil Testing $477.00 1.2-Concrete Testing Consulting Services Detail Concrete Testing 27.75 84.00 2,331.00 Concrete Cylinder Pick up 3.75 84.00 315.00 Non-Salary Detail Compressive strength of concrete cylinders,per 42.00 32.00 1,344.00 specimen CMT Trip Charge 10.00 23.00 230.00 Total 1.2-Concrete Testing $4,220.00 1.3- Pavement Testing Consulting Services Detail Sample pick-up 2.75 84.00 231.00 Bituminous Coring 7.00 106.00 742.00 Non-Salary Detail Thickness and Density of Bituminous Core 6.00 54.00 324.00 MnDOT Bituminous Verification,per sample 2.00 680.00 1,360.00 CMT Trip Charge 4.00 23.00 92.00 Total 1.3-Pavement Testing $2,749.00 1.4- Project Management Consulting Services Detail Project Manager 7.25 164.00 1,189.00 Senior Project Manager 0.50 190.00 95.00 Project Assistant 1.25 84.00 105.00 Total 1.4-Project Management $1,389.00 Total 1 - MnDOT Testing $8,835.00 2- RAP Implementation,Reporting,and Regulatory Coordination 2.3- Project Management and Meetings Consulting Services Detail Senior Consultant II 0.50 180.00 90.00 Total 2.3-Project Management and Meetings $90.00 Total 2- RAP Implementation,Reporting,and Regulatory Coordination $90.00 Total Project $8.925.00 Page 2 of 2 CONSENT ITEM— 6G ,-AI�EN HILLS MEMORANDUM DATE: August 22, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director/City Engineer Lucas Miller, Assistant Public Works Director SUBJECT: 2022 Tree Plan—Award Contract Budgeted Amount: Actual Amount: Funding Source: $ $70,220.00 Park Fund— Tree Replacement funds Council Should Consider Motions to approve, table, or deny the following: • Contract with Margolis Company for the 2022 Tree Plan in the amount of $70,220.00. All items need a simple majority for action unless otherwise noted. Back2round/Discussion At the July 18, 2022 Council Work Session, City Council discussed the vision of the 2022 Tree Plan and directed staff to create and request bids for the plan shown in Attachment B. The bid items included are all necessary for the highest success rate of survival for the trees and all trees are under a 2-year warranty. The initial watering process will be handled by the Contractor for warranty reasons and the Contractor has agreed to work with Arden Hills Public Works staff to perform the routine watering to help keep the overall quantity down for that bid item. All water used by the contractor will be metered. Staff has reviewed the bid tab (Attachment A) and recommends that the City proceed with the work if desired. Staff recommends Council approve the contract with Margolis Company (Attachment Q. Page 1 of 2 Budget Impact To date, the City has collected $115,440 in Tree Replacement funds. The City Code states: 1325.055; Subd. 6; A. 3. d) Where tree replacement on-site is not practical and a suitable off- site location cannot be determined by the City, a fee in lieu thereof may be assessed for the replacement required. The fee amount shall be the cost of materials and installation tree, plus ten (10) percent, and shall be provided by the applicant and approved by the City. All funds collected shall be expended exclusively for implementation of the goals listed in Subd. 1 of this section. The materials and installation of the proposed trees for the 2022 Tree Plan would include all listed bid items in Attachment A, less the watering bags, which totals $68,020. The $2,200 will be covered by the General Fund—Park Maintenance department. Attachments Attachment A: Bid Tabulation Attachment B: Project Plans Attachment C: Contract with Margolis Page 2 of 2 Attachment A 0 0 0 0 0 0 0 0 0 0 Sri 0 Sri 0 0 M 0 0 0 0 ci ui c-I � Lf1 l0 O� O 1-0N O O In M -zj- N N M I, M 1.0 N M 0 M 00 N W oA � N O O O O O O O O O M U O O O O O O O O O N M M M O Un Ln O O O M M oo r� M M M O Vl M u O 00 00 l ci ci L M I- a iA. V). 4j). V)- 0 0 0 0 0 0 0 0 0 0 o o Ln o o o o o 0 0 p Ln O N O O O O O O O p N O Ol W c-I O O M O O C rn m N l0 N N n Ln U � 00 v � N Y Y o0 0 0 0 0 0 0 0 0 0 0 O O in O o o o m O M M M M l0 I, O O n O w r, r 0 0 in l0 N in- ta 0 0 0 0 0 0 0 0 0 0 0 F, 000Lnoo 0 0 0 +' N O 6, N .--i N in r- LI1 O O N U N N N N N N c-I 't M O ry O n .O b-0 ca O O O O O O O O O O O O O O O O O O O O O M 0 0 M 0 0 M 0 ZT I- N ZT n n O O n M Cu vn n L n n a` An, An, 'L� 'La -La -La A/" T *' O Q In O O O O ' M In In M M l0 t- C) Cr Ln j W W W U U J J U W L � U U N Q O U i _ O _ m G o 0 O C "6 N VI Q Cu 0 0 (A L 0 C Q a O U C L U a-' O O 0)M w E U U ~ T � 'C N U O N L a E w E a °3 � o c � - m a cn cn aL � � ate' zci N m � Ln l0 I, oo 0) 00 N 3AV 3NIlWVH FAttachment B "LL 6 � U Ej z J ' m m w ■ m r.n ia m w �. w m=Q 1.■V V r ILA \ ° no ■� o a U M t(Dt A i rl;r 1 uw- ^, 0 N 4� W w sy 21❑SIIIH lVAO?l N t cn 04 CD 0> N 3AV 9NIl13NS c 9"NOlONIX31 r U Z a dry,W z I 21O 1Ntlstla - i III W X = -14 s w a c wa u U,,ppE P L j MAL „ r � J �a �1 ��� - }T V O o °a •— O o G� Z o 0 f ap F �m O p o 1 :w p � 1 I��II "V II y O N 3AV 3NIIWVH add `' d Y 0 0 W F LO W 00 A. -&R, LO U K Z ' a �l w� U E W c+ ) LO b( st �F r M 00 s 3�b�y0 N wF"' 04 Cl� O _ M "an R a H a �! jJ U I y : µ � r w I s � N i �e r 0 0 Y U W W W U Z a z U o SZ o -U , c U S m 0) LO c W� _ oa ._ CD M H co M ti M �y. N ,a M ti M co N ti M o u_ N C a c a M W C. 0 = O Lita LO rn z y w w Y U O _ N w U K Z a w a w za -V E� _V N� t n x r N LO v�O ■� as cn F- H M i O �+ x ■ N wa r N N C/� N O N f6 a � � W H a �! Attachment C AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT is made this 22 day of $ , 2022 (hereinafter"Effective Date of the Contract") by and between the City of Arden Hills, Ramsey County, Minnesota(hereinafter"Owner")and Margolis Company (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: The preparation, providing, installation, maintenance and warranty of trees shown in the plans along the boulevard in Highway 96, Thom Ct, Oak Ave and also within Perry Park. Layout and spacing of trees will be close to what is shown in the plans but minor adjustments around existing conditions and conflicts should be expected. 1.02 The Project, of which the Work under the Contract Documents is a part is generally described as follows: 2022 Tree Plan Project, City Project No. PW-12-0014 (2022). ARTICLE 2—CONTRACT DOCUMENTS 2.01 The Contract Documents consist of the following: A. This Agreement B. Proposal Form C. Insurance Certificates D. Instructions to Bidders E. Division 1 —General Requirements F. Drawings consisting of five (5) sheets with each sheet bearing the following general title: Tree Planting Plan, dated 2022. G. Exhibits to the Agreement 1. Contractor's Bid and Proposal Form 2. Non-Collusion Affidavit 3. Responsible Contractor Verification and Certification of Compliance Form H. 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 3.01 Contract Times: The Work will be substantially completed on or before November 15th, 2022 or winter freeze up, whichever comes first, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before November 15th, 2024. Substantial Completion Date shall be defined as the completion of all items with the exception of maintenance, watering, inspection and warranty work. 3.02 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. 2022 Tree Plan Project AGREEMENT PW-12-0014(2022) 1 of 5 3.03 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 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 8-1 6-2022 , the aggregate of which is estimated to be $70,220.00 4.02 The Contract shall include 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 10t" 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). 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. 2022 Tree Plan Project AGREEMENT PW-12-0014(2022) 2 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 2022 Tree Plan Project AGREEMENT PW-12-0014(2022) 3 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 2022 Tree Plan Project AGREEMENT PW-12-0014(2022) 4 of 5 IN WITNESS WHEREOF, Owner and Contractor have caused this instrument to be executed in duplicate as of the Effective Date of the Contract. OWNER: CONTRACTOR: City of Arden Hills Margolis Company By: By: Vice President Title: Mayor Title: Attest: Atte President Title: City Clerk Title: Address for Giving Notices: Address for Giving Notices: City of Arden Hills Margolis Company Attention: Public Works Director 295 Larpenteur Ave W Roseville,MN 55113 1245 West Highway 96 Arden Hills, MN 55112 2022 Tree Plan Project AGREEMENT PW-12-0014(2022) 5 of 5 PUBLIC HEARING— SA ,-AI�EN HILLS MEMORANDUM DATE: August 22, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case#22-0014—Public Hearing Required Applicant: Delkor Systems, Inc. Property Location: 4200 Round Lake Road Request: Planned Unit Development Amendment Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider the Following: Hold the required public hearing for Planning Case 22-014 an application for a Planned Unit Development Amendment for the property located at 4200 Round Lake Road("Subject Property") to install additional signage for the tenants, Delkor Systems, Inc. and Colder Products Company, on the southwest elevation of the Gateway Interstate building. The City Council will be asked to make a formal decision regarding the application under Agenda Item 9A. Background 1. Overview of Request Delkor Systems, Inc. ("Applicant"), on behalf of Scannell Properties, LLC has submitted a land use application for a Planned Unit Development Amendment, proposing additional wall signage on the southwest elevation of the Gateway Interstate building. The original Preliminary/Final Plat, Planned Unit Development,Conditional Use Permit,and Site Plan Review approvals from October 12, 2020, for the Subject Property did not include signage. It was stated in the approvals that a separate sign permit would be required for all proposed signage and that all proposed signage shall meet the requirements of Sign District 6. In July of 2021, it was determined that Sign District 6 would allow for a single wall sign for each tenant under 60 square feet on each of the corresponding tenant building elevations. The applicant is proposing additional signage on the southwest elevation. Page 1 of 5 2. Site Data Future Land Use Plan: Light Industrial and Office Existing Land Use: Undeveloped Zoning: GB,Gateway Business District Size: 1.25.81 Acres Approvals 1. Planned Unit Development Amendment A Planned Unit Development (PUD)Amendment to alter the conditions of approval in the original Planned Unit Development, Conditional Use Permit, and Site Plan for the Gateway Interstate building located at 4200 Round Lake Road. Plan Evaluation Chapter 12, Sign Code A. Wall Signs—Flexibility Requested The original PUD for the Subject Property did not include a request for flexibility on signage. A condition of approval stated that all proposed signage shall meet the requirements of Sign District 6. Installation of future signage would be reviewed by planning staff as part of the permit process for verification of compliance with sign regulations. The administratively approved signage plan for the Gateway Interstate building included one wall sign per corresponding building elevation for each tenant. At the time of approvals, the owner of the building, Scannell Properties, was proposing three tenants in the shell building. The maximum allowed wall signage translated to three wall signs per tenant on the northwest and southwest sides of the building and two wall signs for the tenant in the center of the building. The original sign plan is pictured below. �,4, Tenant#2 y T—m p3 Page 2 of 5 The final buildout of the building is for two tenants. The Applicant is now proposing an additional wall sign on the building's southwest elevation. The two tenants, Delkor Systems, Inc. and Colder Products Company (CPC), share the southwest elevation of the building. Delkor's main entrance is located on the southwest elevation of the building. The proposed sign plan is pictured below. Wall signage compliant with Sign District 6. sFanMW� 70 �" : l` \ -ac"A fi Sa l l I Proposed flexibility for �... _.j 4 location of wall signage. The Applicant is seeking flexibility for the location of wall signage. The two tenants are proposing that each would continue to install three wall signs. However, two of those wall signs would be installed on the same building elevation(i.e. rear elevation). Under the proposed signage plan, the tenants would no longer be installing a wall sign on the north/northeast elevation (i.e. front elevation). As proposed, the total square footage of wall signage for the tenants remains the same. The Applicant has noted that they shall accept all other city standards for the signage on the building. Properties in Sign District 6 are allowed wall signs up to 60 square feet. All of the proposed square footages are under 60 square feet and comply with the sign district requirements. All proposed signage is noted to be internally lit. The signage plans are shown in Attachment D. At their August 3rd meeting, the Planning Commission discussed the handling of future wall signage on the north elevation in the event either a current and/or a new tenant may want to add a wall sign along Gateway Boulevard. The general consensus of the Commission was that the Subject Property should be granted flexibility solely for location of wall signage as requested. Their recommendation is that no flexibility under this review is granted for the number or square footage of wall signs. Therefore,the tenants would be held to three wall signs up to 60 square feet each and that future changes to the master sign plan would trigger a PUD Amendment. To address this intent, the Commission included Condition 4 in their recommendation to the City Council. Page 3 of 5 B. Sign Standard Adjustments, Section 1260.01 The Applicant requests flexibility for the location of wall signage. City Code Section 1260.01, Sign Standard Adjustments states "adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with a Site Plan Review or a Planned Unit Development process." In order to approve an adjustment, the City Council will need to make a determination that the following criteria in the sign code has been satisfied: 1. Subd. 1 There are site conditions which require a sign adjustment to allow the sign to be reasonably visible from a street immediately adjacent to the site. According to the Applicant, the sign adjustment is required to identify and orientate customers to tenant entrances. Both tenants have entrances on the southwest elevation of the building and they are concerned with visitors misidentifying their location. 2. Subd. 2 The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site. The Applicant has stated the proposed wall signage design will be complimentary of the colors and features of the building. 3. Subd. 3 The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. According to the Applicant, the proposed wall signage is consistent with the zoning district and 2040 Comprehensive Plan. Application Review 1355.04 Procedural Requirements for Specific Applications A public hearing for a PUD Amendment request is required before the request can be brought before the City Council. The applicant or its representative shall be given the opportunity to appear before the Planning Commission to answer questions or give explanations regarding the proposal. Upon completion of the public hearing and its study and consideration of the application, the Planning Commission shall submit its written report, containing its findings, conclusions, and recommendations as to the application, to the City Council. Under Section 1355.06 subd.4, an application for an amendment shall be administered in the same manner as required for a new application. Any structural alteration, enlargement or intensification change in site plan, or similar change not specially permitted, shall require City Council action and all procedures shall apply as if a new application were being requested; provided, however, that when such changes are deemed to be insignificant by the Zoning Administrator, the requirements of a public hearing may be waived. Page 4 of 5 Public Notice and Comments Notice was republished in the Pioneer Press on August 11, 2022. Notice was prepared by the City and mailed to property owners within 1,000 feet of the subject property. The City has not received any public comments regarding this case from this notification. Attachments A. Land Use Application B. Location Map C. Narrative D. Proposed Sign Plan— Gateway Interstate E. Proposed Sign Plan—CPC F. Public Hearing Presentation G. Planning Commission Memo H. Draft Planning Commission Minutes Page 5 of 5 Attachment A For Office Use Only -ARzEN HILLS Planning Case No. 22- Submittal Date 1245 West Highway 96 Application Completed Date Arden Hills, Minnesota 55112 Accepted by Telephone (651) 792-7800 Receipt Number Fax (651) 634-5137 Council Decision www.cityofardenhills.org Council Decision Date 2022 LAND USE APPLICATION Applicant Information Applicant: Delkor Systems, Inc Address: 4300 Round Lake Road West Telephone No.: 612-670-1311 Other: Fax No.: 651-348-6705 Email Address: kweiss@delkorsystems.com Property Information Property Owner: Scannell Properties Owner Address: 8801 River Crossing Blvd. Suite 300, Indianapolis, IN Owner Telephone No. (317) 843-5966 Other: Address of Property Involved: 4200 Round Lake Road West Legal Description: Lot 1, Block 1, Gateway Interstate, Ramsey County Property ID No.: Document No. A04854667 Type of Use: Manufacturing, office and warehouse Zone: Property Acreage: Type of Request ❑ Rezoning or TCAAP Regulating Plan Amendment ❑ Comprehensive Plan Amendment (Fee: $550 + (Fee: $500 + Escrow: $1,500) Escrow: $2,500) ❑ Zoning Code or TCAAP Redevelopment Code Amendment(Fee: $400 + Escrow: $1,500) ❑ Conditional Use or Interim Use Permit/CUP or IUP ❑ City Code Amendment(Fee: $350 + Escrow: Amendment(Fee: $400 + Escrow: $1,500) $1,500) ❑ Preliminary Plat(Fee: $500 + Escrow: $2,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts ❑ Final Plat (Fee: $450 + Escrow: $1,000) Only) (Fee: $350 + Escrow: $1,500) ❑ Concept Plan Review(Fee: $300 + Escrow: $750) ❑ Variance or Permitted Adjustment (Fee: $350 + ❑ Master Planned Unit Development or Master Special Escrow: $1,000) Development Plan (Fee: $600 + Escrow: $2,500) ❑ Vacation of Easement or Right-of-Way(Fee: $150 + ❑ Final Planned Unit Development or Final Special Escrow: $1,000) Development Plan (Fee: $350 + Escrow: $2,000) ❑ Appeal of Administrative Decision (Fee: $150 + 0 Planned Unit Development Amendment or Special Escrow: $1,000) Develo ment Plan Amendment(Fee: $400 + Escrow: ❑ Land Use Requests— Not Already Specified (Fee: $1,500f $150 + Escrow: $1,000 ❑ Site Plan Review(Fee: $450 + Escrow: $1,500) Pagel of 3 Brief Description of Request lease also include a tVped, detailed letter explaining the ro'ect : Request is for additional signage on southwest elevation of Gateway Interstate building. Tenants, Delkor Systems and Colder Products Company (CPC) have collaborated on a comprehensive sign plan (enclosed). Tenants are seeking flexibility since southwest elevation is shared and additional signage will clarify and designate entrances for both parties. Main entrace for Delkor is located on this elevation [southwest]. *IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Filing & Information Requirements The City requests that you make a pre-application meeting with the City Planner to discuss the application process, requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.cityofardenhills.org/landuseapplications. Complete/Incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the City Planner. Payment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the City Planner on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Page 2 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the City Planner. 2022 Planning Commission and City Council Schedule ('subject to change) TENTATIVE TENTATIVE DEADLINE FOR PLANNING CITY COUNCIL LAND USE COMMISSION MEETING APPLICATION MEETING DATE* DATE* SUBMISSION (Generally held on the (Generally held on the (1"day of the first Wednesday after the first fourth Monday at 7:00 p.m.) preceding month) Monday at 6:30 p.m.) January 5 January 24 December 1 (2021) February 9 February 28 January 3 March 9 March 28 February 1 April 6 Aril 25 March 1 May 4 May 23 Aril 1 June 8 June 27 May 2 July 6 July 25 June 1 August 3 August 22 July 1 September 7 September 26 August 1 October 5 October 24 September 1 November 9 November 28 October 3 December 7 January 9 2023 November 1 January 4 2023 January 23 2023 December 1 Acknowledgement and Signature I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Property Owner Signature (Required) Date Aa4l '�q. (,{l)e4� � 06/27/2022 Applicant Signature (If different than the property owner) Date Please contact the City Planner at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website:www.citvofardenhills.orp/landuseapplications Page 3 of 3 4200 Round Lake Road Location Map Attachment 6 sA Lake 1 5 I I I 1 j I I 1 I f ml I f 1 , i F7i f Panels � _may, .,--�.•_ Lake i y 1 . I l r Fa !!'s Lake r Fanel's Lake ry�I �✓ I IF1�,=11 P Ste? $� ValwMrarc Fmrel's Lake ULJ�•a..'..... 7 f 1 '^i^ ---- T _ kR�AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnlmnnnnni llllllllllllllllllllll4RlRRRRRRRRRRRRRRRRRR �. 7/26/2022,2:48:44 PM Personal Property 1:8,000 0 0.07 0.15 0.3 mi Tax Parcels i , , .,T, I, . I 0 0.13 0.25 0.5 km �•• Cities County Offices Ramsey County Ramsey County MN Attachment C 2022 LAND USE APPLICATION: Delkor Systems and Colder Products Company (CPC) 06/28/2022 From Application Form. Request is for additional signage on southwest elevation of Gateway Interstate building.Tenants, Delkor Systems and Colder Products Company(CPC) have collaborated on a comprehensive sign plan (enclosed).Tenants are seeking flexibility since southwest elevation is shared and additional signage will clarify and designate entrances for both parties. Main entrance for Delkor is located on this elevation [southwest]. Original Signage Approval. The signage on original site plan rendering below was approved between Michael Conzemius of Scannell Properties and Jessica Jagoe of the City of Arden Hills in July of 2021. See image below. a, C , h nA 0 l e �, i •� •`� Changes. Since the signage approval last summer,the building has changed to two (2) tenants instead of three (3) as shown. The tenants are Colder Products Company(CPC) occupying the spaces of Tennant #1 and#2 above and Delkor Systems, Inc. occupying space#3 (purple shaded zone). 2022 LAND USE APPLICATION: Delkor Systems and Colder Products Company (CPC) Delkor's Main Entrance. As shown in the -I --. floor plan at right, Delkor's main entrance ~ � ,�•'./ � ,.-sag i _ -, is located on the southwest elevation of the building. Due to the building /�T,N1, _-1-----�----�------�--- structure and Delkor's desire to optimize warehouse space,this corner of the building was the most logical location for office space and the main entrance. Section 1260.01. The sign ordinance requires that, "In order to approve any sign standard adjustment, the following criteria of Subd. 1 or Subd. 2 shall be satisfied, and the necessary criteria of Subd. 3 shall be satisfied: • Subd. 1 There are site conditions which require a sign adjustment to allow the sign to be reasonably visible from a street immediately adjacent to the site; • Subd. 2 The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site; • Subd. 3 The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use." Addressing Subd. 1 and 2, a sign adjustment is required to identify and orientate customers to Delkor and CPC entrances. Since the southwest elevation of the building is shared by both parties, and Delkor's main entrance is on this facade,tenants are concerned that visitors will misidentify the locations of both parties' main and secondary entrances. In addition, the design of the sign is simple and elegant complimenting the colors and features of the building. The additional sign [requested] + i will be identical to the sign already installed on the south elevation—picture at right. For additional details, please reference the - RK 'Gateway Interstate-Sign Plan 6-21-22' also enclosed. .. . . . . 2022 LAND USE APPLICATION: Delkor Systems and Colder Products Company (CPC) Addressing Subd. 3,the Tenants believe that the additional sign will enhance the purpose of the current land use by navigating visitors to the proper company and entrance locations. In addition, as set forth in section 11.GB of the 'City of Arden Hills—2040 Comprehensive Plan, Gateway Business District(AHC)' the tenants believe that the signage is consistent with the purposes of: • "D.To allow only development that will create an attractive environment and a positive image for this site, which is one of the most visible in the community..." and • "G.To allow development that will insure reasonable traffic operation on the internal and surrounding transportation systems" Signage Plan &Consideration. Tenants are seeking flexibility as set forth in the attached 'Gateway Interstate-Sign Plan 6-21-22' created by Spectrum Sign Systems. Tenants are seeking consideration and flexibility solely on the signs in the plan and shall accept city standards for the rest of the minor signage on the building. Landlord Approval. Michael Conzemius of Scannell Properties has reviewed and accepted the 'Gateway Interstate-Sign Plan 6-21-22',via email on 6/24/2022,a copy enclosed herewith. Tenants appreciate the flexibility and consideration offered by the Planning Commission and City Council of Arden Hills and wish to present this topic in person on August 3rd and/or August 22d, sincerely, Kevin B. 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Property Location: 4200 Round Lake Road Request: Planned Unit Development Amendment Requested Action Delkor Systems, Inc. ("Applicant"), on behalf of Scannell Properties, LLC has submitted an application for an amendment to the approved Planned Unit Development for the Gateway Interstate building located at 4200 Round Lake Road ("Subject Property"). The proposal is for flexibility from the City Code on a proposed signage plan for the Gateway Interstate building. Tenants, Delkor Systems, Inc. and Colder Products Company (CPC), are seeking additional wall signage on the southwest elevation of the building. Background 1. Overview of Request The Applicant has submitted a land use application for a Planned Unit Development Amendment, proposing additional wall signage on the southwest elevation of the Gateway Interstate building. The original Preliminary/Final Plat, Planned Unit Development, Conditional Use Permit, and Site Plan Review approvals from October 12, 2020, for the Subject Property did not include signage. It was stated in the approvals that a separate sign permit would be required for all proposed signage and that all proposed signage shall meet the requirements of Sign District 6. In July of 2021,it was determined that Sign District 6 would allow for a single wall sign for each tenant under 60 square feet on each of the corresponding tenant building elevations. The applicant is proposing additional signage on the southwest elevation. 2. Site Data Future Land Use Plan: Light Industrial and Office Existing Land Use: Undeveloped Zoning: GB,Gateway Business District Size: 25.81 Acres Page 1 of 5 Approvals 1. Planned Unit Development Amendment A Planned Unit Development (PUD)Amendment to alter the conditions of approval in the original Planned Unit Development, Conditional Use Permit, and Site Plan for the Gateway Interstate building located at 4200 Round Lake Road. Plan Evaluation Chapter 12, Sign Code A. Wall Signs—Flexibility Requested The original PUD for the Subject Property did not include a request for flexibility on signage. A condition of approval stated that all proposed signage shall meet the requirements of Sign District 6. Installation of future signage would be reviewed by planning staff as part of the permit process for verification of compliance with sign regulations. The administratively approved signage plan for the Gateway Interstate building included one wall sign per corresponding building elevation for each tenant. At the time of approvals, the owner of the building, Scannell Properties, was proposing three tenants in the shell building. The maximum allowed wall signage translated to three wall signs per tenant on the northwest and southwest sides of the building and two wall signs for the tenant in the center of the building. The original sign plan is pictured below. �1 °S w m � ���qr r Tenant 02 y �'S, c '`?o Terunt#3 P Y The final buildout of the building is for two tenants. The Applicant is now proposing an additional wall sign on the building's southwest elevation. The two tenants, Delkor Systems, Inc. and Colder Products Company (CPC), share the southwest elevation of the building. Delkor's main entrance is located on the southwest elevation of the building. The proposed sign plan is pictured below. Page 2 of 5 A . � Wall signage compliant with Sign District 6. 70 0-1 1 44,TF \ Mo S '9 r Proposed. lexibilityfor - ����..r•- �� location of wall signage. J The Applicant is seeking flexibility for the location of wall signage. The two tenants are proposing that each would continue to install three wall signs. However, two of those wall signs would be installed on the same building elevation(i.e. rear elevation). Under the proposed signage plan,the tenants would no longer be installing a wall sign on the north/northeast elevation (i.e. front elevation). As proposed, the total square footage of wall signage for the tenants remains the same. The Applicant has noted that they shall accept all other city standards for the signage on the building. Properties in Sign District 6 are allowed wall signs up to 60 square feet. All of the proposed square footages are under 60 square feet and comply with the sign district requirements. All proposed signage is noted to be internally lit. The signage plans are shown in Attachment D. B. Sign Standard Adjustments, Section 1260.01 The Applicant requests flexibility for the location of wall signage. City Code Section 1260.01, Sign Standard Adjustments states "adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with a Site Plan Review or a Planned Unit Development process." In order to approve an adjustment, the Planning Commission will need to make a determination that the following criteria in the sign code has been satisfied: 1. Subd. I There are site conditions which require a sign adjustment to allow the sign to be reasonably visible from a street immediately adjacent to the site. According to the Applicant, the sign adjustment is required to identify and orientate customers to tenant entrances. Both tenants have entrances on the southwest elevation of the building and they are concerned with visitors misidentifying their location. 2. Subd. 2 The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site. The Applicant has stated the proposed wall signage design will be complimentary of the colors and features of the building. Page 3 of 5 3. Subd. 3 The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. According to the Applicant, the proposed wall signage is consistent with the zoning district and 2040 Comprehensive Plan. Application Review 1355.04 Procedural Requirements for Specific Applications A public hearing for a PUD Amendment request is required before the request can be brought before the City Council. The applicant or its representative shall be given the opportunity to appear before the Planning Commission to answer questions or give explanations regarding the proposal. Upon completion of the public hearing and its study and consideration of the application, the Planning Commission shall submit its written report, containing its findings, conclusions, and recommendations as to the application, to the City Council. Under Section 1355.06 subd.4, an application for an amendment shall be administered in the same manner as required for a new application. Any structural alteration, enlargement or intensification change in site plan, or similar change not specially permitted, shall require City Council action and all procedures shall apply as if a new application were being requested; provided, however, that when such changes are deemed to be insignificant by the Zoning Administrator, the requirements of a public hearing may be waived. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: 1. The Applicant submitted an application for a Planned Unit Development Amendment. 2. The Subject Property is located within the GB Gateway Business District and is guided as Light Industrial and Office Use on the Land Use Plan. 3. The Subject Property is approximately 26 acres and is owned by Scannell Properties. 4. Adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with a Site Plan Review or a Planned Unit Development process as described for in Section 1320 and 1355 of the Zoning Code. 5. Flexibility through the PUD process has been requested for the location of the proposed wall signs. 6. The proposed signage plan will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. 7. A public hearing for a Planned Unit Development Amendment is required before the request can be brought before the City Council. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. Page 4 of 5 • Recommend Approval with Conditions: Motion to recommend approval of Planning Case 22-014 for a Planned Unit Development Amendment at 4200 Round Lake Road, based on the findings of fact and the submitted plans, as amended by the conditions in the August 3, 2022 Report to the Planning Commission: 1) All conditions of the original Preliminary/Final Plat, Planned Unit Development, Conditional Use Permit, and Site Plan Review shall remain in full force and effect. 2) A separate sign permit shall be required for all proposed signage. 3) All signage shall meet all other requirements of Sign District 6. • Recommend Approval as Submitted: Motion to recommend approval of Planning Case 22-014 for a Planned Unit Development Amendment at 4200 Round Lake Road, based on the findings of fact and the submitted plans in the August 3, 2022 Report to the Planning Commission. • Recommend Denial: Motion to recommend denial of Planning Case 22-014 for a Planned Unit Development Amendment at 4200 Round Lake Road: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table of Planning Case 22-014 for a Planned Unit Development Amendment at 4200 Round Lake Road: a specific reason and information request should be included with a motion to table. Public Comments Notice was published in the Pioneer Press on July 22, 2022. Notice was prepared by the City and mailed to property owners within 1,000 feet of the subject property. Staff has not received any public comments regarding this case. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on July 8, 2022. Pursuant to Minnesota State Statute, the City must act on this request by September 6, 2022 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the applicant, the City may extend the review period beyond the initial 120 days. Attachments A. Land Use Application B. Location Map C. Narrative D. Proposed Sign Plan—Gateway Interstate E. Proposed Sign Plan— CPC Page 5 of 5 Attachment H �-A��HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY,AUGUST 3, 2022 6:30 P.M.- ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Vice Chair Jonathan Wicklund called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Commissioners Shelley Blilie, Joshua Collins, Marcie Jefferys, Arlene Mitchell, Kurt Weber, and Vice Chair Jonathan Wicklund. Absent: Chair Paul Vijums, Commissioners Steven Jones and Clayton Zimmerman. Also present were: Community Development Director Jessica Jagoe and Councilmember Fran Holmes. APPROVAL OF AGENDA—AUGUST 3, 2022 Commissioner Jeffervs moved, seconded by Commissioner Weber, to approve the August 3, 2022, agenda as presented. The motion carried unanimously (6-0). APPROVAL OF MINUTES July 6, 2022—Planning Commission Regular Meeting Commissioner Weber moved, seconded by Commissioner Mitchell, to approve the July 61 2022, Planning Commission Regular Meeting as presented. The motion carried unanimously (6-0). PLANNING CASES A. Planning Case 22-014; 4200 Round Lake Road — Planned Unit Development Amendment—Public Hearing Community Development Director Jagoe stated the applicant has submitted a land use application for a Planned Unit Development Amendment, proposing additional wall signage on the southwest elevation of the Gateway Interstate building. The original Preliminary/Final Plat, ARDEN HILLS PLANNING COMMISSION—August 3, 2022 2 Planned Unit Development, Conditional Use Permit, and Site Plan Review approvals from October 12, 2020, for the Subject Property did not include signage. It was stated in the approvals that a separate sign permit would be required for all proposed signage and that all proposed signage shall meet the requirements of Sign District 6. In July of 2021, it was determined that Sign District 6 would allow for a single wall sign for each tenant under 60 square feet on each of the corresponding tenant building elevations. The applicant is proposing additional signage on the southwest elevation. Community Development Director Jagoe reviewed the surrounding area, the Plan Evaluation and provided the Findings of Fact for review: 1. The Applicant submitted an application for a Planned Unit Development Amendment. 2. The Subject Property is located within the GB Gateway Business District and is guided as Light Industrial and Office Use on the Land Use Plan. 3. The Subject Property is approximately 26 acres and is owned by Scannell Properties. 4. Adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with a Site Plan Review or a Planned Unit Development process as described for in Section 1320 and 1355 of the Zoning Code. 5. Flexibility through the PUD process has been requested for the location of the proposed wall signs. 6. The proposed signage plan will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. 7. A public hearing for a Planned Unit Development Amendment is required before the request can be brought before the City Council. Community Development Director Jagoe reviewed the options available to the Planning Commission on this matter: I. Recommend Approval with Conditions I. All conditions of the original Preliminary/Final Plat, Planned Unit Development, Conditional Use Permit, and Site Plan Review shall remain in full force and effect. 2. A separate sign permit shall be required for all proposed signage. 3. All signage shall meet all other requirements of Sign District 6. 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Vice Chair Wicklund opened the floor to Commissioner comments. Commissioner Mitchell asked if a total of eight signs were originally requested. Community Development Director Jagoe stated this was the case with three tenants, but noted the sign plans have since changed given the building was now being built-out for two tenants. She explained the plans now show six signs, with two walls signs proposed for each tenant on the rear elevation. ARDEN HILLS PLANNING COMMISSION—August 3, 2022 3 Commissioner Blilie questioned if the building number would be visible from Gateway Boulevard. Community Development Director Jagoe reported the applicants would comply with the Sign District 6 regulations for the free standing sign and noted the applicants have stated an intention of having a monument sign along Gateway Boulevard. She indicated the City also required the building to have address identification for emergency services. Commissioner Jefferys inquired what the rationale was for the original sign placement. Community Development Director Jagoe explained the original sign plan was compliant with the sign district standards with one sign per elevation of the building. She commented further on the sign requirements per City Code. Vice Chair Wicklund opened the public hearing at 6:48 p.m. Vice Chair Wicklund invited anyone for or against the application to come forward and make comment. There being no comment Vice Chair Wicklund closed the public hearing at 6:49 p.m. Vice Chair Wicklund invited the applicant to come forward at this time. Kevin Weiss, Delkor Systems, commented on the proposed sign placement. He thanked staff for providing the Commission with a detailed staff report and noted he was available for further comments or questions. Commissioner Mitchell asked how long the leases would be for the tenants in this building. Mr. Weiss reported the leases would be for five to seven years. Patrick Gerst, CPC, reported their lease would be for 12 years. Commissioner Weber questioned if there would be signs directing visitors to the front of the building, if the wall signs were located on the rear elevation. Mr. Weiss stated signage would be posted to direct traffic and visitors through the site. Commissioner Weber inquired if CPC would be occupying the space that was proposed for a third tenant. Mr. Gerst explained CPC would be occupying two-thirds of the space. Commissioner Collins stated he supported the request along with the proposed sign placement. Commissioner Weber agreed. ARDEN HILLS PLANNING COMMISSION—August 3, 2022 4 Commissioner Jefferys indicated her only concern would be if CPC were to move out of the building and two tenants were to occupy this space, new signage would have to be posted onto the building. Community Development Director Jagoe stated the Commission could address this concern by adding Condition 4 that read: The subject property is allowed flexibility for wall sign location in accordance with the master sign plan as submitted and that any future changes to wall signage in the master sign plan shall require review and approval of the Planning Commission and City Council through a PUD Amendment. Commissioner Jefferys supported the Commission adding this condition for approval. Commissioner Blilie agreed. Commissioner Weber moved and Commissioner Jefferys seconded a motion to recommend approval of Planning Case 22-014 for a Planned Unit Development Amendment at 4200 Round Lake Road based on the findings of fact and the submitted plans, as amended by the conditions in the August 3, 2022, report to the Planning Commission, adding Condition 4 as stated by staff. The motion carried unanimously (6-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Holmes provided the Commission with an update from the City Council. She reported the Council passed the Launch Properties request at the end of July. She indicated the Mounds View High School was finishing up their renovation work in August. She explained the Council has been discussing the 2023 budget. B. Planning Commission Comments and Requests None. ADJOURN Commissioner Mitchell moved, seconded by Commissioner Collins, to adiourn the August 3, 2022, Planning Commission Meeting at 7:01 p.m. The motion carried unanimously (6-0). NEW BUSINESS— 9A ,-AI�EN HILLS MEMORANDUM DATE: August 22, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case#22-014—Public Hearing Required Applicant: Delkor Systems, Inc. Property Location: 4200 Round Lake Road Request: Planned Unit Development Amendment Budgeted Amount: Actual Amount: Funding Source: N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Planning Case 22-014 for a Planned Unit Development Amendment for signage flexibility for the property located at 4200 Round Lake Road to install additional signage for the tenants, Delkor Systems, Inc. and Colder Products Company, on the southwest elevation of the Gateway Interstate building. Approval of an amended PUD requires an affirmative vote of four councilmembers. Background The Applicant has submitted a land use application for a Planned Unit Development Amendment, proposing additional wall signage on the southwest elevation of the Gateway Interstate building. The original Preliminary/Final Plat,Planned Unit Development, Conditional Use Permit, and Site Plan Review approvals from October 12, 2020, for the Subject Property did not include signage. It was stated in the approvals that a separate sign permit would be required for all proposed signage and that all proposed signage shall meet the requirements of Sign District 6. In July of 2021,it was determined that Sign District 6 would allow for a single wall sign for each tenant under 60 square feet on each of the corresponding tenant building elevations. The proposal is for flexibility from the City Code on a proposed signage plan for the Gateway Interstate building. Tenants, Delkor Page 1 of 3 Systems, Inc. and Colder Products Company (CPC), are seeking additional wall signage on the southwest elevation of the building. Findings of Fact The Planning Commission reviewed this application at their August 3, 2022 meeting and have offered the following findings of fact for your consideration: 1. The Applicant submitted an application for a Planned Unit Development Amendment. 2. The Subject Property is located within the GB Gateway Business District and is guided as Light Industrial and Office Use on the Land Use Plan. 3. The Subject Property is approximately 26 acres and is owned by Scannell Properties. 4. Adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with a Site Plan Review or a Planned Unit Development process as described for in Section 1320 and 1355 of the Zoning Code. 5. Flexibility through the PUD process has been requested for the location of the proposed wall signs. 6. The proposed signage plan will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. 7. A public hearing for a Planned Unit Development Amendment is required before the request can be brought before the City Council. 8. The Planning Commission conducted a public hearing on August 3, 2022. Options and Motion Language The Planning Commission reviewed this application at their August 3,2022 meeting. At that time, they recommended approval with conditions of the Delkor Systems, Inc. application for a Planned Unit Development Amendment by a 6-0 vote. The following are motion language options for the City Council to consider. 1. Approve with Conditions: Motion to approve Planning Case 22-014 for a Planned Unit Development Amendment at 4200 Round Lake Road, based on the findings of fact and the submitted plans, as amended by the conditions in the August 22, 2022 Report to the City Council: 1. All conditions of the original Preliminary/Final Plat, Planned Unit Development, Conditional Use Permit, and Site Plan Review shall remain in full force and effect. 2. A separate sign permit shall be required for all proposed signage. 3. All signage shall meet all other requirements of Sign District 6. 4. The Subject Property is allowed flexibility for wall sign location in accordance with the Master Sign Plan as submitted. Any changes to wall signage in the Master Sign Plan shall require review and approval of the Planning Commission and City Council. Page 2 of 3 2. Approve as Submitted: Motion to approve Planning Case 22-014 for a Planned Unit Development Amendment at 4200 Round Lake Road, based on the findings of fact and the submitted plans in the August 22, 2022 Report to the City Council. 3. Denial: Motion to denv Planning Case 22-014 for a Planned Unit Development Amendment at 4200 Round Lake Road,based on the following findings:findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 22-014 for a Planned Unit Development Amendment at 4200 Round Lake Road: a specific reason and information request should be included with a motion to table. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on July 8, 2022. Pursuant to Minnesota State Statute, the City must act on this request by September 6, 2022 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the applicant, the City may extend the review period beyond the initial 120 days. Attachments A. City Council Presentation Page 3 of 3 Attachment A (6 r sr r1 U '� O q�9 y w, a0 a � f U Ell f {AI 4-1 ^r W E mo E a-i _U � � L J E N N U 0 w a O 1�1 N O cn 0 CO N ca N i _0 N O G N N V CaA ca U J m J w C ,; ( GJ ._ .V L (D r 3 CL Q Cr C d Q d GC N J v� Z O ca > .— 0 w O O� caCL m Q O Z) - � -0 U o ro � s ca � +J c6 �. 4-, O O .X O � 4� ° (lj � EM (M (1) O +J O N O ro � a� V J _ � O a) 4-ftj U c 0 =3 E O On ,O = +j aj -ice w o V c� N a Q � Qzt +j O br � l �{ V r a x r� 1 O @. .. iTi _ r i { 7 : .l l v� 4 > U a� w U c6 }, cn 4-J ! 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