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HomeMy WebLinkAbout12-19-22-SRMayor: David Grant lt' Councilmembers: �-AEN HILLS Brenda Holden Fran Holmes Special City Council Steve Scott David Radziej Agenda December 19, 2022 6:00 p.m. City Hall City Vision Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651-792-7800 Website: www.cityofardenhills.org 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 meting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES 2.A. December 12, 2022 Regular City Council Documents: 12-12-22-R.PDF 2.13. December 12, 2022 Special City Council Work Session Documents: 12-12-22-SWS.PDF 3. 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. 3.A. Motion To Approve Resolution 2022-058 - Planning Case 22-022 - Variance - 1861 Highway 96 W 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 ATTACHMENT I.PDF 3.B. Motion To Approve Ordering 2025 Mack Plow Truck In Replacement Of 2012 International Plow Truck David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 3.C. Motion To Approve Resolution 2022-059 - Agency Agreement For Federal Participation In Construction With MnDOT David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 4. 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. 5. PUBLIC HEARINGS 5.A. Planning Case 22-023 Planned Unit Development - New Perspective Senior Living - 3565 Pine Tree Drive - Arden Hills RE, LLC - THIS ITEM HAS BEEN REQUESTED TO BE POSTPONED BY THE APPLICANT Jessica Jagoe, Community Development Director 6. NEW BUSINESS 6.A. Planning Case 22-023 Planned Unit Development - New Perspective Senior Living - 3565 Pine Tree Drive - Arden Hills RE, LLC - THIS ITEM HAS BEEN REQUESTED TO BE POSTPONED BY THE APPLICANT Jessica Jagoe, Community Development Director Documents: MEMO.PDF 7. UNFINISHED BUSINESS 8. COUNCIL/STAFF COMMENTS ADJOURN [DRAFT---, -ARQEN_HILLS Approved: December 19, 2022 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING DECEMBER 12, 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 Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested Items 7E, 7J and 7K be pulled from the Consent Agenda to be discussed as Items 8A, 8B and 8C. MOTION: Councilmember Holden moved and Councilmember Radziei seconded a motion to approve the meeting agenda as amended. The motion carried (5-0). 2. PUBLIC INQUIRIESANFORMATIONAL Kathy Nelson, 3475 Siems Court, stated she has lived in her home for the past 38 years. She explained she was happy to see the Council discussed the proposed roundabout at County Road E and Old Snelling at a recent work session. She understood utilities had to be repaired at this intersection but discussed how the expense for this project has now increased by nearly 82%. She appreciated the fact the Council was questioning the costs for this project and asking the County to find another solution. She suggested the funding for this project be put into trails that would benefit the entire community versus trying to push more traffic through her neighborhood. She explained she would like more information regarding the stormwater pond and right of way issues ARDEN HILLS CITY COUNCIL — DECEMBER 12, 2022 2 regarding the roundabout. She asked that the City not subject this neighborhood to six months of roundabout construction. She believed the roundabout construction would be a waste of taxpayer dollars. Kathy Sukke, 1286 Karth Lake Circle, stated she has lived in her home for 37 years. She thanked the City Council and staff members for all of their service to the community. She commented on a letter to the editor that was posted in the Star Tribune this morning from Gregg Larson and Stan Harpstead. She discussed how comfortable the City was with developing TCAAP as they have been working on the project since 2012, and understood the County was not comfortable with the project. She encouraged the current City Council to make the newly elected Councilmembers aware of the history of this project. She suggested the TCAAP process be restarted and that conversations be held again with the public in order to get this project off on the right foot. She proposed open houses be held in 2023 and recommended that the previously approved JDA not be undone by the new City Councilmembers. 3. RESPONSE TO PUBLIC INQUIRIES None. 4. PUBLIC PRESENTATIONS None. 5. STAFF COMMENTS None. 6. APPROVAL OF MINUTES A. November 21, 2022, City Council Work Session B. November 28, 2022, Special City Council Work Session C. November 28, 2022, Regular City Council MOTION: Councilmember Holden moved and Councilmember Radziei seconded a motion to approve the November 21, 2022, City Council Work Session meeting minutes, November 28, 2022, Special City Council Work Session meeting minutes; and November 28, 2022, Regular City Council meeting minutes as presented. The motion carried (5- 7. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve the 2023 Non -Union Employee Compensation Plan C. Motion to Approve Resolution 2022-055 Approving the 2023 City Contribution to Employee Monthly Benefits D. Motion to Approve Ordinance 2022-009 Approving the 2023 Fee Schedule and Authorizing Publication of a Summary Ordinance ARDEN HILLS CITY COUNCIL — DECEMBER 12, 2022 3 Meetin F. Motion to Approve 2023 Liquor License Renewals and New Liquor License for Siam Thai G. Motion to Approve 2023 Tobacco License Renewals H. Motion to Approve Ordinance 2022-010 Amending Chapter 5, Section 500, Subsection 500.3 Regarding Temporary Liquor Licensing and Authorization to Publish a Summary Ordinance I. Motion to Approve Ordinance 2022-011 Amending Chapter 8, Section 800 Traffic and Parking Regulations, Subsection 800.04 Unreasonable Acceleration, Speed Limits and Authorizing Publication of a Summary Ordinance > , K. Metien te Approve Extensien ef Tefms for- jDA Chair- Br4an Holmes an MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried (5-0). 8. PULLED CONSENT ITEMS A. Motion to Approve Cancellation of the December 26, 2022 Regular City Council Meeting Mayor Grant stated this was a standard cancelation that the Council has approved over the past approximately 22 years. He explained there would be a Special City Council meeting following the December 19, 2022 work session to consider two planning cases. Councilmember Scott reported City offices are on Monday, December 26, 2022 in observance of the Christmas holiday. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve Cancellation of the December 26, 2022 Regular City Council Meeting. The motion carried (5-0). B. Motion to Approve Cancellation of the January 23, February 27 and March 27, 2023 Regular City Council Meetings Mayor Grant explained the Council cancelled the second meetings of January, February and March in 2022. He reported this was due to the fact there were very few planning cases that come before the City in the winter months. He stated it was his understanding the January Planning Commission meeting has been cancelled as there were no planning cases to review. He noted the cancellation of the second meetings of the month during the first quarter also keeps staff from having to drive late in the dead of winter. ARDEN HILLS CITY COUNCIL — DECEMBER 12, 2022 4 Councilmember Holden reported the Council could always schedule a special meeting if a matter had to be reviewed in a timely manner. MOTION: Councilmember Radziei moved and Councilmember Holmes seconded a motion to approve Cancellation of the January 23, February 27, and March 27, 2023 Regular City Council Meetings. The motion carried (5-0). C. Motion to Approve Extension of Terms for JDA Chair Brian Holmes and Commissioner David Grant through December 31, 2024 Mayor Grant discussed the results of the recent election. He explained Councilmember Holden has served on the JDA Board in the past and has decided not to return to the JDA Board. He stated in order to balance the JDA Board with new and old members, he was recommending himself and Chair Holmes serve on the JDA Board. He commented on the history of the JDA, noting the County has not been present at meetings since the County decided to sue the City. He clarified for the record that Chair Brian Holmes was not related to Councilmember Fran Holmes. Councilmember Holmes stated she supported the terms of Chair Holmes and Mayor Grant being extended on the JDA. She believed it was important for the Mayor to be on the JDA because he served as the leader of the community. She commented further on the institutional knowledge Mayor Grant had with the JDA. Councilmember Radziej agreed the reappointments offered balance and he supported the extension of the terms for the JDA. MOTION: Councilmember Radziei moved and Councilmember Holden seconded a motion to approve Extension of Terms for JDA Chair Brian Holmes and Commissioner David Grant through December 31, 2024. Councilmember Scott stated he also supported the JDA being balanced and he thanked Mayor Grant for his willingness to serve with this group. He explained Chair Holmes was a highly qualified individual to serve as Chair for the group as he was a professional mediator. Councilmember Holden noted she supported the term extensions as well and discussed how complex this project was. She commented on the other residents that have served on the JDA and noted Brian Holmes has been a neutral party that wants what is best for both the City and the County in the TCAAP development. Mayor Grant reported Brian Holmes also conducted construction management for Prime Therapeutics in the metro area, which was another skillset that would benefit the City as he serves on the JDA. He explained Councilmember Holden's seat on the JDA would expire at the end of December and noted one of the new Councilmembers would be appointed to this seat. The motion to approve Extension of Terms for JDA Chair Brian Holmes and Commissioner David Grant through December 31, 2024 carried (5-0). ARDEN HILLS CITY COUNCIL — DECEMBER 12, 2022 5 9. PUBLIC HEARINGS A. Truth In Taxation Hearing Finance Director Bauman stated this was a required annual hearing related to the City's budget and tax levy. She discussed the numerous reasons why tax bills change each year, noting this had to do with property values, budgets, special assessments and voter approved referendums. She explained the City set the preliminary tax levy on September 26 and proposed property tax notices were mailed by the County to Arden Hills residents. She commented on the projected changes to property values for 2023 and described how the median value homeowner would be impacted by the proposed tax levy. She provided a summary on the General Fund budget, along with the CIP and requested the Council hold a Truth in Taxation Hearing. Councilmember Holden asked how the rate increases were calculated. Finance Director Bauman explained the improvements planned for the St. Paul Regional Water System were going to impact the water fund. She reported she scheduled out the water fund with increases projecting the higher costs and an increase was not required for 2023, but may be required for 2024. Mayor Grant reported the budget for 2022 was under funded by $140,000 and noted the City has a 50% fund balance policy. He asked how close the City was to coming in on budget. Finance Director Bauman stated staff is estimating $350,000 to $400,000 to the positive for 2022. She indicated these funds could be put toward capital projects. Mayor Grant explained the preliminary levy was set at 7% based on the information the Council and staff had at the time. He reported the final levy can be decreased but not increased. Mayor Grant opened the Truth in Taxation public hearing at 7:46 p.m. With no one coming forward to speak, Mayor Grant closed the Truth in Taxation public hearing at 7:47 p.m. 10. NEW BUSINESS A. Adoption of the 2023 Budget and Tax Levy • Resolution 2022-056 Setting the Final Tax Levy for Taxes Payable in 2023 • Resolution 2022-057 Adopting the Proposed 2023 Budget Finance Director Bauman stated a budget work session was held with the Council on August 15, 2022. Staff was directed to provide proposed maximum levy increase options from 4% to 7%, and Council adopted a maximum tax levy increase of 7.0% on September 26, 2022. Another budget work session was held with the Council on November 21, 2022. Staff commented further on the final budget and tax levy and recommended approval. ARDEN HILLS CITY COUNCIL — DECEMBER 12, 2022 6 Councilmember Holden discussed how homeowners have been impacted by increased property values and stated she would like the levy increase to be no more than 5.5%. Councilmember Radziej stated he would support a 5.5% levy increase as well. Councilmember Scott reported he would support a reduction in the preliminary levy down to 6%. He recommended the levy not be reduced too low as this may lead to higher increases in the future. Councilmember Holmes stated after speaking with residents she learned that they didn't mind paying a higher rate because they like the amenities and services being provided by the City. She explained she supported the final levy remaining at 7%. Mayor Grant reported this was an election year and he spoke with many residents from Arden Hills. He noted these residents were concerned about inflation and increased costs. He discussed how some residents were living paycheck to paycheck. He stated he would be willing to support a 5.5% levy for 2023. Councilmember Holden discussed the amount of surplus the City had in 2022 and stated she did not support the City over -taxing residents. Mayor Grant asked when New Perspective would be open. Finance Director Bauman anticipated New Perspective would be open in the first quarter of 2023. She reported the increased value of this site would not impact property taxes until 2024. MOTION: Councilmember Radziei moved and Councilmember Scott seconded a motion to approve Resolution 2022-056 — Setting the Final Tax Levy of 5.5% for Taxes Payable in 2023. The motion carried (5- MOTION: Councilmember Holden moved and Councilmember Radziei seconded a motion to approve Resolution 2022-057 — Adopting the Proposed 2023 Budget, Finance Director Bauman proposed the Council remove the $70,000 transfer into the Public Safety Fund in order to not put further pressure on the 2023 budget. She explained these dollars were to be used for Lake Johanna Fire Department staffing and this was an unknown at this time. Councilmember Holden supported this recommendation. AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to amend the proposed 2023 budget removing the $70,000 transfer into the Public Safety Fund. The amendment to remove the $70,000 transfer as indicated carried (5-0 . ARDEN HILLS CITY COUNCIL — DECEMBER 12, 2022 7 The amended motion to approve Resolution 2022-057 — Adopting the Proposed 2023 Budget and removing the $70,000 transfer into the Public Safety Fund carried (5-0). 11. UNFINISHED BUSINESS None. 12. COUNCIL COMMENTS Councilmember Scott reported this would be his last regular televised City Council meeting. He stated he has enjoyed working with the City Council and staff for the past six years. He explained he appreciated how the Council worked to do its best for the community at large. He thanked City staff for all of their efforts on behalf of the community. Councilmember Holmes explained this was her last meeting on the City Council as well. She thanked staff for all of their efforts on behalf of the community and thanked the City Council for always working to put the interests of Arden Hills' residents first. She thanked the residents of Arden Hills for all of their support over the years. Councilmember Holden thanked Councilmember Radziej, Councilmember Scott and Councilmember Holmes for their service on the City Council over the years. Councilmember Holden thanked staff for their work and also for their donations to adopt a local family this Christmas. Mayor Grant thanked staff and City Administrator Perrault for helping a resident that was struggling with their utilities. Mayor Grant thanked Councilmembers Radziej, Scott, and Holmes for their dedicated service to the community and for working to the best of their ability on behalf of Arden Hills' residents. Mayor Grant welcomed the new Councilmembers and stated he looked forward to working with them beginning in January of 2023. He explained he may be calling a special work for early January in order to discuss TCAAP. ADJOURN MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 8:15 p.m. Julie Hanson City Clerk David Grant Mayor -fi I� HILLS Approved: December 19, 2022 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL WORK SESSION DECEMBER 12, 2022 ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL [DRAFT-., Pursuant to due call and notice thereof, Mayor Grant called to order the Special City Council Work Session at 8:25 p.m. Present: Mayor David Grant; Councilmembers Brenda Holden, Fran Holmes, Steve Scott and David Radziej Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer David Swearingen; Finance Director Gayle Bauman; and Assistant to the City Administrator/City Clerk Julie Hanson 1. AGENDA ITEMS A. County Road E and Old Snelling Intersection Improvements Discussion Public Works Director/City Engineer Swearingen provided the City Council with an update on the proposed improvements for the County Road E and Old Snelling intersection. He stated staff was looking for the City Council to provide direction on this item in order for staff to potentially bring this item back to the City Council on December 19 for formal approval. Mayor Grant reported the City Council could provide staff with direction or preferences. Councilmember Holden stated she supported this item being considered by the new City Council in January of 2023. Councilmember Scott commented in talking to the residents there was a fair amount of support for the roundabout, while the residents that live in the immediate area opposed. He believed the proposed roundabout made sense from a safety standpoint and would keep traffic flowing. He stated he supported the project moving forward. Councilmember Holmes expressed concern with the fact the cost for this project increased by over $600,000 and this was not included in the 2023 budget. She asked how the increased project expense would be covered. City Administrator Perrault stated the increased expense would be covered by the PIR Fund. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — DECEMBER 12, 2022 2 Councilmember Holden questioned how the increased cost of this project would impact the City's ability to complete other projects. City Administrator Perrault discussed the amount of funding that would be provided to the City through MSA funding through 2032 noting all of this funding was accounted for. He explained in 2033, the City would have a positive MSA balance going forward. Councilmember Holmes asked what that positive balance would be in 2033. City Administrator Perrault stated this balance would be approximately $310,000 less the $35,550 still due the City. Finance Director Bauman reported the only project that was not included in the MSA projections was the Mounds View High School trail. She commented further on how an advance in 2024 would impact the PIR Fund. Further discussion ensued regarding the MSA street improvement projects that were planned for 2023 through 2033. Councilmember Holden stated if the roundabout was not completed, the City would have approximately $1 million in additional MSA funds available for projects. Finance Director Bauman reported the City would have money building in the MSA fund by 2028. Councilmember Radziej asked if it was better for the City to use money on hand or to bond for these projects. City Administrator Perrault stated if the City Council were to pay cash, the City would not have to pay interest on the project and the City was not assuming debt. However, if the project were to be bonded, it is paid for over time by the residents actually using the roundabout. Finance Director Bauman reported bonding would allow MSA funds to accrue and these MSA dollars could be used to assist with paying back the bonds issued for the project. Councilmember Holden indicated there was not a lot of traffic at this intersection and questioned if this was really necessary at this location. Public Works Director/City Engineer Swearingen explained this was why two different ICE studies were completed and both pointed towards having a roundabout versus keeping this a four stop intersection. He indicated 20 years from now, projections show that this intersection would be better served by a roundabout. Councilmember Holden questioned why the trail was not included in this project. Public Works Director/City Engineer Swearingen reported the proposed design does set up for future construction on Lake Johanna Boulevard. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — DECEMBER 12, 2022 3 Councilmember Holmes anticipated once TCAAP develops this intersection would become more busy. She stated because this was such a large expense, she supported the new City Council making a decision on this improvement project. Councilmember Holden indicated there were a lot of residents that were very upset about this project and how they would be impacted by the roundabout construction. She stated she was concerned with how the adjacent neighbors would be able to get out of their driveways if a roundabout were constructed. Councilmember Radziej reported he did not support the roundabout initially. He stated if this project were to move forward, he suggested the project be bonded. Mayor Grant commented the proposed cost increase has pushed this project over the top. Councilmember Holden questioned how the project costs could have come in so wrong for the County. Public Works Director/City Engineer Swearingen stated the roundabout would change the way Lindey's uses their parking lot which leads to the extra expense. He discussed how delivery trucks make drop offs at Lindey's currently versus how they would make drop offs with a roundabout. The parking lot would have to be redesigned to handle trucking over the entire pavement and the ADA parking stalls would have to move. Because these changes are due to the project, the City and County per Ramsey County's policy, would split the costs 50150. He reported the estimated amounts given by Ramsey County were a worst case scenario and noted the City would only pay for actual construction expenses. Councilmember Holmes asked what would happen if the City Council took action on this item in January sometime instead of December 19. Public Works Director/City Engineer Swearingen reported the engineering consultant was at a standstill with the design until they receive clear direction that the project was moving forward. He explained Ramsey County was waiting to see if they should continue with expenses. Mayor Grant questioned what would happen if the project were delayed to 2024. Councilmember Radziej anticipated the project would have to be redesigned because standards change so much from year to year. Councilmember Scott encouraged the City Council to consider what the cost of waiting would be, as project costs may continue to rise. Mayor Grant supported the next City Council weighing in on this project. Councilmember Radziej stated he supported this recommendation. Councilmember Holden and Councilmember Holmes agreed the project should be addressed by the new City Council. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — DECEMBER 12, 2022 4 Councilmember Holmes questioned how Ramsey County would respond if the City asked the County to put this project on hold for one year. Public Works Director/City Engineer Swearingen stated Ramsey County could choose to scrap the project if it was put on hold for one year. Councilmember Holden discussed how important this intersection would be to the new residents that would be living within the TCAAP development, which meant Ramsey County would have to address this intersection in the near future. Councilmember Scott reiterated there was a water line that had to be replaced under this intersection. Public Works Director/City Engineer Swearingen reported this was indeed the case. Councilmember Holden anticipated the City would be receiving State bonding to assist with replacing the water line. Councilmember Radziej inquired if the City would receive a bill if Ramsey County walked away from this project. Public Works Director/City Engineer Swearingen stated he did not believe this would be the case because the City did not have a legal agreement with Ramsey County for this project. Councilmember Holden noted the cost for this project when up by almost 50%. Councilmember Holmes understood this to be the case and stated she would support the new City Council addressing this matter in January of 2023. Councilmember Radziej suggested the City require Ramsey County to complete the trail as part of this project. Mayor Grant supported this recommendation and he appreciated the fact the future City Council could potentially be discussing this matter on January 3, 2022. He said he would call for a special work session and noted the new City Council could discuss both this roundabout and TCAAP. 2. COUNCIL COMMENTS AND STAFF UPDATES None. ADJOURN Mayor Grant adjourned the Special City Council Work Session at 9:09 p.m. Julie Hanson City Clerk David Grant Mayor CONSENT ITEM — 3A ,-ADEN HILLS MEMORANDUM DATE: December 19, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #22-022 — No Public Hearing Required Applicant: Katie Bach and Nate Cmiel Property Location: 1861 Highway 96 W. Request: Variance Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Resolution 2022-058 permitting a front yard setback variance for future demolition and redevelopment of a single-family residential dwelling for Katie Bach and Nate Cmiel of 1861 Highway 96 W based on the findings of fact and the submitted plans as amended by the nine (9) conditions in the December 19, 2022, Report to the City Council. Background 1. Overview of Request Katie Bach and Nate Cmiel, the "Applicants," are proposing to demolish the existing structures and rebuild one principal structure (i.e. single family dwelling with attached garage) on the property located at 1861 Highway 96 W, the "Subject Property." In considering the city code requirements and environmental features of the property, the Applicants have determined the most suitable location to rebuild would be to shift and orientate the new structure south/southeast of the current structure location. The new home location would require a variance to allow a front yard setback of 28 feet versus 40 feet as required by city code. The proposed project complies with all other applicable city code requirements for the R-1 Zoning District (i.e. structure coverage, FAR, impervious surface, etc.) and Shoreland regulations. Page 1 of 9 2. Site Data The Subject Property is zoned R-1, Single -Family Residential District. It is designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The subject property is currently developed with a single-family residential dwelling. Future Land Use Plan: LDR — Low Density Residential Existing Land Use: Single -Family Dwelling Zoning: R-1 Single Family Residential District Size: 10.62 acres/27,098 square feet The Subject Property is located on the north side of Round Lake, west of the Highway 96 and Old Highway 10 intersection. The property is a riparian lot abutting Round Lake subject to applicable Shoreland regulations under City Code Section 1330. The chart below identifies the adjacent land uses. Direction 2040 Comp. Plan Land Use Zoning Existing Land Uses North HDR — High Density Residential R-4, Multiple Dwelling District Manufactured Home Park East/SE LDR — Low Density Residential R-1, Single Family District Single Family Residential West IND — Light Industrial & Office GB — Gateway Business District Office, Light Industrial, and Warehouse 3. History of Subject Property The Subject Property is currently developed with a single-family residential dwelling (727 SF) and detached garage (584 SF). The dwelling was constructed in 1939 and the detached garage was added in 1961. The original legal description for the subject property has a described property boundary of 1.0689-acres (46,561 SF). Between 1949 and 2014, there have been four acquisitions of land by the State of Minnesota and Ramsey County for highway right-of-way purposes. As a result of the ROW dedication, the parcel size has been reduced to 0.62-acre (27,098 SF) as shown on the survey provided. The reduction in lot area due to the dedication of ROW is primarily along the north and northeast sides of the property which is considered to be the front yard for the Subject Property. Today, the property is considered legal nonconforming with a front yard setback of 25 feet as measured from the northeast corner of the home. Page 2 of 9 At their October 17, 2022 meeting, the City Council reviewed the concept plan for the proposed redevelopment of the Subject Property. Overall, the City Council acknowledged the rational for the reduced front yard setback request given the additional right-of-way acquisitions that had occurred over time. At that time, there were no suggested changes to the conceptual site layout. The Applicants were encouraged to review the rear yard sightlines to make sure that the view of the adjacent property was not obstructed by the placement of the new dwelling. At their December 7, 2022 meeting, the Planning Commission reviewed this planning case. At that time, they recommended approval with nine (9) conditions of Katie Bach and Nate Cmiel's application for a front yard setback variance by a 6-0 vote. 4. Proposed Use The Applicants are proposing to rebuild a single-family dwelling with an attached garage on the Subject Property. They've enlisted the services of an architect to help with the design of their house plans. The Applicants have stated in their application that there are several factors of the lot that the City Council is asked to consider in reviewing the proposed variance: • Irregular lot shape causes 40' front setback to be applied on north and northeast sides, greatly reducing buildable lot area • Current home is nonconforming (25' setback) • Need to maintain existing driveway location and grade • Low elevation in south part of lot would restrict basement due to lake ordinary high water height • Large mature trees restrict home placement options • Guidance to allow 20' clearance from foundation during construction • One large cottonwood will be removed Front Yard .,Proposed Redevelopment Building Site Existing ROW •�h Y -.- ��#i Fr 1 1'1 Existing Development 1 ff 4 R f - - •`tom � Ff t 3 � h'earY�r� Proposed Development Page 3 of 9 Plan Evaluation Chapter 13, Zoning Code Review 1. District Provisions (R-1, Single Family Residential Zoning District) —Section 1320.06 Lot Size and Dimensions The Subject Property has a lot area of 27,098 square feet. Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 14,000 square feet per single-family dwelling unit. Structure Setbacks In the R-1 District, the minimum front and rear setback requirements are 40 feet and 30 feet, respectively. The Shoreland regulations require a 75 foot setback from the Ordinary High Water (OHW) Level of Round Lake. The minimum side yard setback is 10 feet. The Subject Property is a legal non -conforming lot, as the current structure is located approximately 25 feet from the front yard property line. The proposed single-family dwelling would be setback 28 feet and 11 inches from the front yard property line. The table below provides the minimum district requirements for the R-1 District and Shoreland regulations along with a preliminary analysis of setbacks for the proposed development: R-1 District Shoreland Standards Overlay District Existing Proposed Minimum Front Yard Setback 40 feet 40 feet 25.05 feet (North) 28.92 feet(North)* -30.34 feet (West) as - 36.83 feet as measured from measured from West Property Line Property Line -92.9 feet as - 141.08 feet as Minimum Rear 75 feet from measured from measured from Yard Setback 30 feet OHW OHW OHW Minimum Side 10 feet (min)/25 Yard Setback feet (total) N/A 71.81 feet East 30.83 feet (East) *Variance requested by Applicants Landscaped Area, Structure Coverage, and Floor Area Ratio The proposal complies with all other applicable city codes. In the R-1 District, the minimum landscaped area required without a variance is 65% of the property or 17,614 square feet. The Applicants are proposing a landscaped area of 79.4% or 21,516 square feet. The R-1 District allows for a maximum structure coverage of 25% or 6,775 square feet. The Applicants are proposing a structure coverage of 13.7% or 3,712 square feet. In the R-1 District, the maximum allowed Floor Area Ratio (FAR) is 0.3, or 8,129 square feet. The applicants are proposing a FAR of 0.12 or 3,252 square feet. The table below provides the district standards for the R-1 District and the preliminary analysis for the proposed development: Page 4 of 9 Required Proposed Lot Area Minimum 14,000 SF 27,098 SF Front Yard Setback Minimum 40' 28' 11" Side Yard Setback 10, Minimum 30' 10" Setbackfrom OHWL 75' Minimum 141' 1" Landsca ed Area Greater than 65% 79.4% Structure Coverage Less than 25% 20.6% Floor Area Ratio Less than 0.3 0.12 Maximum Height 35' 267 8" 2. Variance Review The role of the City Council is to determine and consider how the facts presented to them compare with the city's articulated standards. The Council should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the City Council may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The City Council may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 3. Variance Requirements — Section 1355.04, Subd. 4 The Applicants are requesting a front yard setback variance to demolition and reconstruct a single- family dwelling on the property located at 1861 Highway 96 W. The City Council will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the applicants do not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The Applicants have stated "the new home proposed will still be in keeping with the spirit and intent of setback requirements. In the front, the proposed home generally meets the 40' setback requirement, especially when the nature of the highway easements which define the setbacks are considered, and is positioned similarly to neighboring homes which are set at less than 40'. In the rear, the new home is well back from the 75' minimum OHW setback, is positioned as far from the lake as possible given the lot shape and tree locations, and will not obstruct the neighboring home's lake view. " The land use will remain single family residential as zoned. Page 5 of 9 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicants, "meeting all front setback requirements and adjacent property OHW setback requirements would overly restrict the available build area size and shape and would not allow reasonable use for residential purposes. " b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant's written narrative, "as shown in the attached presentation, the property size has been eroded over time due to highway easements which define the front setback requirements. Additionally, the unique irregular lot shape, position on Round Lake, and lot elevations restrict possible home placement. " c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The Applicants have stated that the "essential character of the city will not be altered by the new home's placement on our property. In fact, the proposal preserves the majority of mature trees on the property, which help to define the character of the city. " 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The Applicants have stated that "the variance is not for purely economic reasons. Due to position of mature trees, existing driveway location, and property elevation, the proposed home location is the only practical solution to use our property to build a new home that meets our family s needs. " 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Additional Review Building Official The Building Official has reviewed the plans and has no additional comments at this time. A Building Permit will be required prior to any demolition or construction activity taking place. Public Works Director/City Engineer The Public Works Director/City Engineer has reviewed the plans and has no additional comments at this time. PW permits will be required prior to any land disturbance or right-of-way work. These items have been included in the draft recommended conditions of approval. Page 6 of 9 Minnesota Department of Natural Resources The Minnesota Department of Natural Resources has reviewed the plans and has no issues with the variance request as proposed. Rice Creek Watershed District The Rice Creek Watershed District has reviewed the plans and has no issues with the variance request as proposed. RCWD has indicated a permit will not be required based on the proposed description and the Applicants shall be required to submit a Notice of Intent for the project. Ramsey County Public Works The Ramsey County Public Work Department has reviewed the plans and has no issues with the variance request as proposed. Findings of Fact The City Council must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District front yard setback at the Subject Property 1861 Highway 96 W. 2. The Subject Property is a nonconforming lot of record attributed to State and County right- of-way acquisitions for highway purposes that resulted in a front yard setback encroachment of 25.05 feet and does not comply with the minimum R-1 district standards of 40 feet. 3. The proposed redevelopment would bring the Subject Property closer to conformance with the R-1 district standards and reduces the front yard setback encroachment at 28.92 feet. 4. The proposed single-family dwelling would not require a side yard, rear yard, or Shoreland setback variance. 5. The proposed single-family dwelling on the Subject Property would conform to all other requirements and standards of the R-1 Zoning District. Variance Findings: 6. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 7. The variance would be consistent with the City's Comprehensive Plan because it meets the City's housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City's established neighborhoods. 8. A single-family dwelling is a permitted use within the R-1 Zoning District. 9. A single-family dwelling is a reasonable use of the property that would not be allowed under the rules of the Zoning Code without the requested variance. 10. The nonconforming front yard setback for the R-1 Zoning District is a unique circumstance that is attributed to acquisitions of additional highway right-of-way by the State and County. 11. The proposed single-family dwelling would not alter the essential character of the neighborhood because the configuration of development on the Subject Property would be consistent and compatible with the neighborhood. 12. The variance request is not based on economic considerations alone. Page 7 of 9 Options and Motion Lan2ua2e The Planning Commission reviewed this application at their December 7, 2022 meeting. At that time, they recommended approval with nine (9) conditions of Katie Bach and Nate Cmiel's application for a front yard setback variance by a 6-0 vote. The following are motion language options for the City Council to consider. Approval with Conditions: Motion to approve Planning Case 22-022 for a Variance at 1861 Highway 96 W, based on the findings of fact and submitted plans, as amended by the conditions in the December 19, 2022, Report to the City Council: 1. A Building Permit shall be issued prior to the commencement of demolition and for the new home construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the City's PW/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, Minnesota Department of Natural Resources, U.S. Fish and Wildlife Services, and Ramsey County prior to the start of any site activities. 4. Upon completion of grading and utility work on the site, a grading as -built and utility as -built shall be provided to the City. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicants during construction to ensure that sediment and storm water does not leave the project site 7. The Applicants shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 8. A right-of-way permit shall be required for work performed within the City right-of- way. 9. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. 2. Approval without Conditions: Motion to approve Planning Case 22-022 for a Variance at 1861 Highway 96 W, based on the findings of fact and submitted plans in the December 19, 2022, Report to the City Council. 3. Denial: Motion to deny Planning Case 22-022 for a Variance at 1861 Highway 96 W, based on the following findings of fact: the City Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 22-022 for a Variance at 1861 Highway 96 W for the following reasons: the City Council should identify a specific reason and/or information request should be included with a motion to table. Page 8 of 9 Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on December 8, 2022. A public meeting notice for this planning case was published in the Pioneer Press on December 8, 2022. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Public Comments The City has not received any public comments regarding this planning case as of December 14, 2022. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on November 1, 2022. Pursuant to Minnesota State Statutes Section 15.99, the City must act on this request by December 30, 2022 (60 days). Based on the land use application submission date, it was originally assumed the City Council would not be able to hear this planning case until January 2023, resulting in the City's inability to process the case within the 60-day period. This was due to the cancellation of the City Council's second regular meeting of the month in December. The City notified the Applicants of the requirement to extend the review period from 60 days to 120 days and received email confirmation of the Applicants extending the time period for City action under Minn. Stat. § 15.99, subd. 3(f). The time period was extended until February 28, 2023 (120 days). With the additional of a special meeting on December 19, 2022, the City Council will be able to hear and act on this planning case within the original 60-day timeline. Budget Impact N/A Attachments A. Land Use Application B. Location Map C. Written Statement D. Site Survey E. Project Plans F. Applicant's Supporting Presentation G. Planning Commission Memo H. Draft Planning Commission Minutes I. Resolution 2022-058 Page 9 of 9 Attachment A ­-7�DEN HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org Planning Case No. 22- Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2022 LAND USE APPLICATION Applicant Information icant: Katie Bach and Nate Cmiel Address: 1861 Highway_96 W- Telephone No.: 612-203-3475 (Katie) Other: 651-278-1237 (Nate Fax No.: Email Address: katiebach@gmail.com Property Information Property owner: Nathan Cmiel, David Cmiel, Diane Cmiel Owner Address:-1.861_Bigbway.96.1t1-__ Owner Telephone_ No. 651- 278-1237_- Other: _Address of Proper Involved: 1861 Highway 996 W Legal Description] __ attached site survey for full legal description_ Property ID No.: _Quit claim deed doc no. 4199239 Type of use: Residential Zone: R-1 _ Property Acreage: 0.6221 acres Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) ❑ Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Sppecial Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Development Plan Amendment (Fee: $400 + Escrow: $1,500) ❑ Site Plan Review (Fee: $450 + Escrow: $1.500) ❑ Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $t,500) ❑ Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee.- $350 + Escrow: $1,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) ❑ Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests — Not Already Specified (Fee: $150 + Escrow: $1,000 Pagel of 3 Brief Description of Request (RJease also include a typed, detailed letter explaining the project): _ We are requesting a variance to front yard setback and adjacent property OHW setbai uirements for a new home to built on our property to replace the existing nouse --garage—Existing-home-js currently non-confon:ning-to-theseT-setback-requirements --an meeting all setback requirements for new home design is not possible given irregular lot shape, elevations, and placement of driveway and existing mature trees. *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 Pavment 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 PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 .m. TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (1" day of the preceding month) January 5 January 24 December 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 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-�,-osts incur pd by the pffy—r—etated to the processing of this application. Property Owner Signature (Required) Applicant Signature (If different than the property owner) Date 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.ora/landuseapolications Page 3 of 3 Location Map Attachment B x . J x � r w I1 I Arda-i 4 }1�I'� r bnu. i 1 L � t fillgdt/:l i)wa BSr .� tt ._.—.. . J6 — 'r 4 1 ;k yl •t1 I r ki IRound Lake " 1 11 /29/2022, 11:22:41 AM r••—ti Tax Parcels _Query result Cities Personal Property Tax Parcels q County Offices 1:8,000 0 0.05 0.1 0.2 mi 0 0.1 0.2 0.4 km Ramsey County Ramsey County MN To: Arden Hills Planning Commission From: Katie Bach and Nate Cmiel 1861 Highway 96 W Arden Hills, MN 55112 Subject: Setback variance request for new home build — 1861 Highway 96 W Date: 17 Nov 2022 Dear Arden Hills Planning Commission members, Attachment C We are requesting a variance to front yard setback requirements in order to build a new home (house with attached garage) to replace the existing structures (house and detached garage) on our property at 1861 Hwy 96 West. Specific variances requested is: • Front yard minimum setback of 28'11", rather than 40' as required per section 1320.06 for residential R1 We have included an attached presentation which provides background on our property and proposal, including historical changes to property lines over time due to highway expansion, proposed new home placement with requested front setback variance, and comparison to neighboring homes front setbacks. We have also attached our proposed project plan and site survey. Below is a summary of our proposal relative to the city's evaluation criteria for a variance: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls Meeting all front setback requirements would overly restrict the available build area size and shape and would not allow reasonable use for residential purposes. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner As shown in the attached presentation, the property size has been eroded over time due to highway easements which define the front setback requirements. Additionally, the unique irregular lot shape, position on Round Lake, and lot elevations restrict possible home placement. 3. The deviation from the Ordinance with any attached conditions will still be in keeping with the spirit and intent of the Ordinance The new home proposed will still be in keeping with the spirit and intent of setback requirements. In the front, the proposed home generally meets the 40' setback requirement, especially when the nature of the highway easements which define the setbacks are considered, and is positioned similarly to neighboring homes which are set at less than 40'. 4. The variance will not create a land use not permitted in the zone Land use will remain single family residential as zoned. 5. The variance will not alter the essential character of the City Essential character of the city will not be altered by the new home's placement on our property. In fact, the proposal preserves the majority of mature trees on the property, which help to define the character of the city. 6. The variance is not for economic reasons alone The variance is not for purely economic reasons. Due to position of mature trees, existing driveway location, and property elevation, the proposed home location is the only practical solution to use our property to build a new home that meets our family's needs. Thank you for the consideration. Sincerely, Katie and Nate � 11 I I u r� 6 € � �� I'W �a�iGW� ff$I 3x �i� 3:iG l €o H, 3. g 3 II 0- II / ieGWx Pp IT i3c pp vj W 8. LU 11 E z RUM i z 6 L 9 9 N!Al `S-1-11H N3(]UV'M 96 AAAH LM 30N341S3N M3N I..d.. 111. 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Request: Variance Requested Action Katie Bach and Nate Cmiel ("Applicants") have requested a front yard setback variance for future demolition and redevelopment of a single-family residential dwelling on the property located at 1861 Highway 96 W. ("Subject Property"). To construct the proposed single-family dwelling, the applicants are requesting a reduced front yard setback of 28 feet rather than 40 feet as required by the city code. Background 1. Overview of Request The Subject Property is currently developed with a single-family residential dwelling (727 SF) and detached garage (584 SF). The dwelling was constructed in 1939 and the detached garage was added in 1961. The original legal description for the subject property has a described property boundary of 1.0689-acres (46,561 SF). Between 1949 and 2014, there have been four acquisitions of land by the State of Minnesota and Ramsey County for highway right-of-way purposes. As a result of the ROW dedication, the parcel size has been reduced to 0.62-acre (27,098 SF) as shown on the survey provided. The reduction in lot area due to the dedication of ROW is primarily along the north and northeast sides of the property which is considered to be the front yard for the Subject Property. Today, the property is considered legal nonconforming with a front yard setback of 25 feet as measured from the northeast corner of the home. The Applicants are proposing to demolish the existing structures and rebuild one principal structure (i.e. single family dwelling with attached garage) on the Subject Property. In considering the city code requirements and environmental features of the property, the Applicants have determined the most suitable location to rebuild would be to shift and orientate the new structure south/southeast of the current structure location. The new home location would require a variance to allow a front yard setback of 28 feet versus 40 feet as required by Page 1 of 10 city code. The proposed project complies with all other applicable city code requirements for the R-1 Zoning District (i.e. structure coverage, FAR, impervious surface, etc.) and Shoreland regulations. At their October 17, 2022 meeting, the City Council reviewed the concept plans for the proposed redevelopment of the Subject Property. Overall, the City Council acknowledged the rational for the reduced front yard setback request given the additional right-of-way acquisitions that had occurred over time. At that time, there were no suggested changes to the conceptual site layout. The Applicants were encouraged to review the rear yard sightlines to make sure that the view of the adjacent property was not obstructed by the placement of the new dwelling. 2. Site Data 1861 Highway 96 W., the Subject Property, is zoned R-1, Single -Family Residential District. It is designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The subject property is currently developed with a single-family residential dwelling. 2040 Future Land Use Plan: LDR — Low Density Residential Existing Land Use: Single -Family Dwelling Zoning: R-1 Single Family Residential District Lot Size: 0.62 acres/27,098 square feet The Subject Property is located on the north side of Round Lake, west of the Highway 96 and Old Highway 10 intersection. The property is zoned R-1, Single Family Residential District and is guided as Low Density Residential (LDR) in the 2040 Land Use Plan. This is a riparian lot abutting Round Lake subject to applicable Shoreland regulations under City Code Section 1330. The chart below identifies the adjacent land uses. Direction 2040 Comp. Plan Land Use Zoning Existing Land Uses North HDR — High Density Residential R-4, Multiple Dwelling District Manufactured Home Park East/SE LDR — Low Density Residential R-1, Single Family District Single Family Residential West IND — Light Industrial & Office GB — Gateway Business District Office, Light Industrial, and Warehouse Page 2 of 10 3. Proposed Use The Applicants are proposing to rebuild a single-family dwelling with an attached garage on the Subject Property. They've enlisted the services of an architect to help with the design of their house plans. The Applicants have stated in their application that there are several factors of the lot that the Planning Commission is asked to consider in reviewing the proposed variance: • Irregular lot shape causes 40' front setback to be applied on north and northeast sides, greatly reducing buildable lot area • Current home is nonconforming (25' setback) • Need to maintain existing driveway location and grade • Low elevation in south part of lot would restrict basement due to lake ordinary high water height Large mature trees restrict home placement options Guidance to allow 20' clearance from foundation during construction One large cottonwood will be removed Proposed Redevelopment Building Site Front Yard _ sr �Ft. Existing Development a L Existing ROW r - 1 0 i �•h • �,. �a. ff f r J1 % r+ r t d ment yard Page 3 of 10 4. Approvals The Planning Commission is being asked to determine whether a variance request for flexibility on the front yard setback should be approved. A site plan overlaid on the certificate of survey has been submitted showing the location of the proposed dwelling. The evaluation of the proposal should be based on the District Provisions in Section 1320, Shoreland Regulations in Section 1330, and the Requirements for a Variance in Section 1355.04, Subd. 4. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (R-1, Single Family Residential Zoning District) — Section 1320.06 Lot Size and Dimensions The Subject Property has a lot area of 27,098 square feet. Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 14,000 square feet per single-family dwelling unit. Structure Setbacks In the R-1 District, the minimum front and rear setback requirements are 40 feet and 30 feet, respectively. The Shoreland regulations require a 75 foot setback from the Ordinary High Water (OHW) Level of Round Lake. The minimum side yard setback is 10 feet. The Subject Property is a legal non -conforming lot, as the current structure is located approximately 25 feet from the front yard property line. The proposed single-family dwelling would be setback 28 feet and 11 inches from the front yard property line. The table below provides the minimum district requirements for the R-1 District and Shoreland regulations along with a preliminary analysis of setbacks for the proposed development: R-1 District Shoreland Standards Overlay District Existing Proposed Minimum Front Yard Setback 40 feet 40 feet 25.05 feet (North) 28.92 feet(North)* -30.34 feet (West) as - 36.83 feet as measured from measured from West Property Line Property Line -92.9 feet as - 141.08 feet as Minimum Rear 75 feet from measured from measured from Yard Setback 30 feet OHW OHW OHW Minimum Side 10 feet (min)/25 Yard Setback feet total N/A 71.81 feet East 30.83 feet East *Variance requested by Applicants Landscaped Area, Structure Coverage, and Floor Area Ratio The proposal complies with all other applicable city codes. In the R-1 District, the minimum landscaped area required without a variance is 65% of the property or 17,614 square feet. The Page 4 of 10 Applicants are proposing a landscaped area of 79.4% or 21,516 square feet. The R-I District allows for a maximum structure coverage of 25% or 6,775 square feet. The Applicants are proposing a structure coverage of 13.7% or 3,712 square feet. In the R-1 District, the maximum allowed Floor Area Ratio (FAR) is 0.3, or 8,129 square feet. The applicants are proposing a FAR of 0.12 or 3,252 square feet. The table below provides the district standards for the R-1 District and the preliminary analysis for the proposed development: Required Proposed Lot Area Minimum 14,000 SF 27,098 SF Front Yard Setback Minimum 40' 28' 11" Side Yard Setback 10, Minimum 30' 10" Setbackfrom OHWL 75' Minimum 141' 1" Landscaped Area Greater than 65% 79.4% Structure Coverage Less than 25% 20.6% Floor Area Ratio Less than 0.3 0.12 Maximum Height 35' 26' 8" 2. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city's articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 3. Variance Requirements — Section 1355.04, Subd. 4 The Applicants are requesting a front yard setback variance to demolition and reconstruct a single- family dwelling on the property located at 1861 Highway 96 W. The Planning Commission will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the applicants do not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. Page 5 of 10 The Applicants have stated "the new home proposed will still be in keeping with the spirit and intent of setback requirements. In the front, the proposed home generally meets the 40' setback requirement, especially when the nature of the highway easements which define the setbacks are considered, and is positioned similarly to neighboring homes which are set at less than 40'. In the rear, the new home is well back from the 75' minimum OHW setback, is positioned as far from the lake as possible given the lot shape and tree locations, and will not obstruct the neighboring home's lake view. " The land use will remain single family residential as zoned. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicants, "meeting all front setback requirements and adjacent property OHW setback requirements would overly restrict the available build area size and shape and would not allow reasonable use for residential purposes. " b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant's written narrative, "as shown in the attached presentation, the property size has been eroded over time due to highway easements which define the front setback requirements. Additionally, the unique irregular lot shape, position on Round Lake, and lot elevations restrict possible home placement. " c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The Applicants have stated that the "essential character of the city will not be altered by the new home's placement on our property. In fact, the proposal preserves the majority of mature trees on the property, which help to define the character of the city. " 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The Applicants have stated that "the variance is not for purely economic reasons. Due to position of mature trees, existing driveway location, and property elevation, the proposed home location is the only practical solution to use our property to build a new home that meets our family s needs. " 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Page 6 of 10 Additional Review Building Official The Building Official has reviewed the plans and has no additional comments at this time. A Building Permit will be required prior to any demolition or construction activity taking place. Public Works Director/City Engineer The Public Works Director/City Engineer has reviewed the plans and has no additional comments at this time. PW permits will be required prior to any land disturbance or right-of-way work. These items have been included in the draft recommended conditions of approval. Minnesota Department of Natural Resources The variance request was forwarded to the Minnesota Department of Natural Resources for comment. At the time of writing this report, the City has not received their review feedback. A verbal update will be provided to the Planning Commission at the meeting. Rice Creek Watershed District The variance request was forwarded to the Rice Creek Watershed District for comment. At the time of writing this report, the City has not received their review feedback. A verbal update will be provided to the Planning Commission at the meeting. Ramsey County Public Works The Ramsey County Public Work Department has reviewed the plans and has no issues with the variance request as proposed. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District front yard setback at the Subject Property 1861 Highway 96 W. 2. The Subject Property is a nonconforming lot of record attributed to State and County right- of-way acquisitions for highway purposes that resulted in a front yard setback encroachment of 25.05 feet and does not comply with the minimum R-1 district standards of 40 feet. 3. The proposed redevelopment would bring the Subject Property closer to conformance with the R-1 district standards and reduces the front yard setback encroachment at 28.92 feet. 4. The proposed single-family dwelling would not require a side yard, rear yard, or Shoreland setback variance. 5. The proposed single-family dwelling on the Subject Property would conform to all other requirements and standards of the R-1 Zoning District. Variance Findings: 6. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Page 7 of 10 7. The variance would be consistent with the City's Comprehensive Plan because it meets the City's housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City's established neighborhoods. 8. A single-family dwelling is a permitted use within the R-1 Zoning District. 9. A single-family dwelling is a reasonable use of the property that would not be allowed under the rules of the Zoning Code without the requested variance. 10. The nonconforming front yard setback for the R-1 Zoning District is a unique circumstance that is attributed to acquisitions of additional highway right-of-way by the State and County. 11. The proposed single-family dwelling would not alter the essential character of the neighborhood because the configuration of development on the Subject Property would be consistent and compatible with the neighborhood. 12. The variance request is not based on economic considerations alone. 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. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 22-022 for a Variance at 1861 Highway 96 W., based on the findings of fact and the submitted plans, as amended by the conditions in the December 7, 2022, Report to the Planning Commission: 1. A Building Permit shall be issued prior to the commencement of demolition and for the new home construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the City's PW/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, Minnesota Department of Natural Resources, U.S. Fish and Wildlife Services, and Ramsey County prior to the start of any site activities. 4. Upon completion of grading and utility work on the site, a grading as -built and utility as -built shall be provided to the City. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicants during construction to ensure that sediment and storm water does not leave the project site 7. The Applicants shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 8. A right-of-way permit shall be required for work performed within the City right-of- way. Page 8 of 10 9. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 22- 022 for a Variance at 1861 Highway 96 W., based on the findings of fact and the submitted plans, as amended by the conditions in the December 7, 2022 Report to the Planning Commission. • Recommend Denial: Motion to recommend denial Planning Case 22-022 for a Variance at 1861 Highway 96 W., based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 22-022 for a Variance at 1861 Highway 96 W.: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on November 21, 2022. A public meeting notice for this planning case was published in the Pioneer Press on November 22, 2022. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Public Comments The City has not received any public comments regarding this planning case as of November 30, 2022. Deadline for Aizency Actions The City of Arden Hills received the completed application for this request on November 1, 2022. Pursuant to Minnesota State Statutes Section 15.99, the City must act on this request by December 30, 2022 (60 days). Based on the land use application submission date, the meeting schedule for the Planning Commission and subsequent City Council in January of 2023 will result in the City's inability to process this planning case within the 60-day period. This is due to the cancellation of the City Council's second regular meeting of the month in December. Therefore, it was necessary to extend the review period from 60 days to 120 days so that this planning case may be heard by the City Council. The City notified the Applicants of this requirement and received email confirmation of the Applicants extending the time period for City action under Minn. Stat. § 15.99, subd. 3(f). The time period is extended until February 28, 2023 (120 days). Attachments A. Land Use Application B. Location Map Page 9 of 10 C. Written Statement D. Site Survey E. Project Plans F. Applicant's Supporting Presentation Page 10 of 10 '�Tt -ADI�EN HILLS Approved: Attachment H DRAFT CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, DECEMBER 7, 2022 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Paul Vijums called to order the regular Planning Commission meeting at 6:30 p.m. Rnll. CA11, Present were: Chair Paul Vijums, Commissioners Shelley Blilie, Joshua Collins, Marcie Jefferys, Arlene Mitchell, and Jonathan Wicklund. Absent: Commissioner Steven Jones (Alternate), Kurt Weber and Clayton Zimmerman (Alternate). Also present were: Community Development Director Jessica Jagoe and Councilmember Fran Holmes. APPROVAL OF AGENDA — DECEMBER 7, 2022 Chair Viiums moved, seconded by Commissioner Collins, to approve the December 7, 2022, agenda as presented. The motion carried unanimously (6-0). APPROVAL OF MINUTES November 9, 2022 — Planning Commission Regular Meeting Chair Viiums moved, seconded by Commissioner Wicklund, to approve the November 9, 2022, Planning Commission Regular Meeting as presented. The motion carried unanimously (6-0). PLANNING CASES A. Planning Case 22-022; 1861 Highway 96 West - Variance — Public Hearing Not Required Community Development Director Jagoe stated the Subject Property is currently developed with a single-family residential dwelling (727 SF) and detached garage (584 SF). The dwelling ARDEN HILLS PLANNING COMMISSION — December 7, 2022 2 was constructed in 1939 and the detached garage was added in 1961. The original legal description for the subject property has a described property boundary of 1.0689-acres (46,561 SF). Between 1949 and 2014, there have been four acquisitions of land by the State of Minnesota and Ramsey County for highway right-of-way purposes. As a result of the ROW dedication, the parcel size has been reduced to 0.62-acre (27,098 SF) as shown on the survey provided. The reduction in lot area due to the dedication of ROW is primarily along the north and northeast sides of the property which is considered to be the front yard for the Subject Property. Today, the property is considered legal nonconforming with a front yard setback of 25 feet as measured from the northeast corner of the home. Community Development Director Jagoe explained the Applicants are proposing to demolish the existing structures and rebuild one principal structure (i.e. single family dwelling with attached garage) on the Subject Property. In considering the city code requirements and environmental features of the property, the Applicants have determined the most suitable location to rebuild would be to shift and orientate the new structure south/southeast of the current structure location. The new home location would require a variance to allow a front yard setback of 28 feet versus 40 feet as required by city code. The proposed project complies with all other applicable city code requirements for the R-1 Zoning District (i.e. structure coverage, FAR, impervious surface, etc.) and Shoreland regulations. Community Development Director Jagoe reported at their October 17, 2022 meeting, the City Council reviewed the concept plans for the proposed redevelopment of the Subject Property. Overall, the City Council acknowledged the rational for the reduced front yard setback request given the additional right-of-way acquisitions that had occurred over time. At that time, there were no suggested changes to the conceptual site layout. The Applicants were encouraged to review the rear yard sightlines to make sure that the view of the adjacent property was not obstructed by the placement of the new dwelling. Community Development Director Jagoe reviewed the site data, surrounding area, the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District front yard setback at the Subject Property 1861 Highway 96 W. 2. The Subject Property is a nonconforming lot of record attributed to State and County right-of-way acquisitions for highway purposes that resulted in a front yard setback encroachment of 25.05 feet and does not comply with the minimum R-1 district standards of 40 feet. 3. The proposed redevelopment would bring the Subject Property closer to conformance with the R-1 district standards and reduces the front yard setback encroachment at 28.92 feet. 4. The proposed single-family dwelling would not require a side yard, rear yard, or Shoreland setback variance. 5. The proposed single-family dwelling on the Subject Property would conform to all other requirements and standards of the R-1 Zoning District. Variance Findings: ARDEN HILLS PLANNING COMMISSION — December 7, 2022 3 6. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 7. The variance would be consistent with the City's Comprehensive Plan because it meets the City's housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City's established neighborhoods. 8. A single-family dwelling is a permitted use within the R-1 Zoning District. 9. A single-family dwelling is a reasonable use of the property that would not be allowed under the rules of the Zoning Code without the requested variance. 10. The nonconforming front yard setback for the R-1 Zoning District is a unique circumstance that is attributed to acquisitions of additional highway right-of-way by the State and County. 11. The proposed single-family dwelling would not alter the essential character of the neighborhood because the configuration of development on the Subject Property would be consistent and compatible with the neighborhood. 12. The variance request is not based on economic considerations alone. Community Development Director Jagoe reviewed the options available for Planning Case 22-022 to the Planning Commission on this matter: 1. Recommend Approval with Conditions 1. A Building Permit shall be issued prior to the commencement of demolition and for the new home construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the City's PW/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, Minnesota Department of Natural Resources, U.S. Fish and Wildlife Services, and Ramsey County prior to the start of any site activities. 4. Upon completion of grading and utility work on the site, a grading as -built and utility as -built shall be provided to the City. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicants during construction to ensure that sediment and storm water does not leave the project site 7. The Applicants shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 8. A right-of-way permit shall be required for work performed within the City right- of-way. 9. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. 2. Recommend Approval as Submitted ARDEN HILLS PLANNING COMMISSION — December 7, 2022 4 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Wicklund asked who owned the land along the rear property line. Community Development Director Jagoe stated this land was owned by US Fish and Wildlife Services. Commissioner Wicklund questioned vehicles were being parked on the neighbor's property. Community Development Director Jagoe deferred this question to the applicant. Chair Vijums commented the right of way has been reduced over time because of the expansion of Highway 96, which was an unfair constraint on this property. He inquired if the architect considered moving the new structure a little closer to the lakefront in order to satisfy City Code. Community Development Director Jagoe explained the applicant had considered other possible locations on the property, but after trying to save as many significant trees as possible, the proposed house placement was presented to staff. Katie Bach, 1861 Highway 96 West, reported she went through a number of different iterations with her architect when considering the placement of the house and garage on this lot. She discussed how the ordinary highwater setback was set based on her neighbors setback. She noted the placement and angle of the garage was difficult, due to the location of mature oaks and maples. Chair Vijums questioned if the house could be shifted south or southwest. Ms. Bach stated if the house was pushed south, this would cause concern with the ordinary highwater setback relative to the neighbors setback and to the west there was a mature maple she was trying to save. Chair Vijums indicated this was a non -conforming lot that has been eroded by Highway 96 easements and encroachments, which made it difficult to place a home. He was of the opinion the proposed home was well placed on the lot and noted only a small portion of the garage was encroaching within the setbacks. Commissioner Wicklund moved and Commissioner Collins seconded a motion to recommend approval of Planning Case 22-022 for a Variance at 1861 Highway 96 West based on the findings of fact and the submitted plans, as amended by the conditions in the December 7, 2022, report to the Planning Commission. The motion carried unanimously f6-0). B. Planning Case 22-023; 3565 Pine Tree Drive — PUD Amendment — Public Hearing Required Attachment It --AuEHILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2022-058 RESOLUTION APPROVING A VARIANCE FOR THE SUBJECT PROPERTY 1861 HIGHWAY 96 W WHEREAS, on November 1, 2022, Katie Bach and Nate Cmeil ("Applicants") applied for a front yard setback variance from the City Code for the property located at 1861 Highway 96 W. and legally described on Exhibit A attached hereto ("Subject Property"); WHEREAS, the Applicants are proposing to demolish the existing structures and rebuild one principal structure on the Subject Property which would require a variance to allow a front yard setback of 28 feet versus 40 feet as required by city code; WHEREAS, a variance may be granted when it is in harmony with the general purposes and intent of the zoning ordinance if enforcement of a provision in the ordinance would cause the landowner practical difficulties; WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 500 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that does not require a public hearing; WHEREAS, the City's obligation has been met where the Arden Hills Planning Commission, acting as the Board of Adjustment and Appeals, duly held a hearing on December 7, 2022, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; WHEREAS, on December 7, 2022, the Planning Commission recommended approval with conditions of the reduced front yard setback variance for the Subject Property based on the findings of fact and submitted plans by a 6-0 vote. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2022-058 approving Planning Case 22-022 for a variance request at the Subject Property 1861 Highway 96 W for redevelopment of the nonconforming parcel with a reduced front yard setback. Page 1 of 3 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. BE IT FURTHER RESOLVED that City Council approves Planning Case 22-022 for a variance request at the Subject Property 1861 Highway 96 W., based on the findings of fact and the submitted plans in the December 19, 2022 Report to the City Council, as amended by the following conditions: 1. A Building Permit shall be issued prior to the commencement of demolition and for the new home construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the City's PW/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, Minnesota Department of Natural Resources, U.S. Fish and Wildlife Services, and Ramsey County prior to the start of any site activities. 4. Upon completion of grading and utility work on the site, a grading as -built and utility as -built shall be provided to the City. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicants during construction to ensure that sediment and storm water does not leave the project site 7. The Applicants shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 8. A right-of-way permit shall be required for work performed within the City right-of- way. 9. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 19th DAY OF DECEMBER 2022. Attest: Julie Hanson, City Clerk David Grant, Mayor Page 2 of 3 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. EXHIBIT A TO RESOLUTION NO.2022-058 7b.t parr or the mE 1/4 of the Nw 1/4 and the West 132 foot of the Nw 1/4 of the N8 1/4 of Sectican 21. Township 30, Paago 29, Ramsey County# Niru.cabtu lying Northeasterly of the following described Limes Beginning at a point on the North line of said Section 21 disttu+t 24 e6 feet EzLet of the Northwest corner of said SQ0ti0n 21; thence 9out7y4sate=ly on R str"Ot line to a point ww1ch is 170 test ZoAth of the North Llime of said section 22 cad distant 33 feet west of the East line of said kk 1/4 of tha NIP 1/4P thence South parallel with the Pact line of said NE 1/4 of the NW 1/4 to a paint on the South line of the N 1/10 of the Wf 1/4 of said section 211 thence East On said South line to the Past line of said NE 2/4 of the KW 3/41 thence Fast on the South 11no of tfm N 1/10 of the M 2/4 of said section 21 and its i'nterseat1cus with the Northwesterly extension Of the Southwesterly lin q of Lot 1, Block 2, LAIOESHCAE MOMITE S P thence Southoat;terly tO the Southwesterly cGinor of said Lot 1 and sfiid line thanra terminating and except that part Of said NR 2/4 of the HE 1/4 described as f0110w6. Beginning at the wort Max-tharly corner of Lot 1, Hlook 2, LAMSNRP.E ff5Mz5=1M1 thence South an the Weat line of said Lot I to the Southwest corner c"_ said Lot It tk9 ae Northwesterly on the Morthwesterly extension of the southwesterly line Of said Lot 1, a distance of eD.04 fret; thane Moz+- aRterly to thy point of beginning, and except #fiat portioa Of the N 1/2 of Suction 21,- Township �O North, Range 23 Weot'of the 4th Frino'IpaL Meridian, described as follows, beginnin,to at a point on the !last line 4.f tha.w 114, 210.0 feet South of the Northeast corner thereof,; thence Vbtth 40 degrees 52 minutes rest, S2.9 feet, aora or lass. to the iiit*rsodtima with a line 33.0 feet west of aa4 parallel to the East lint of the Nis i/41 thence South along a line 33.0 feet rest Of and parallel to the Past line of the Dow 1/4 to the intoxnectioan with the Bouth Una of the N 1110 of the h 1/2 of Section 21; thence East along the South lines of the 14 1/10 of tb6 N 1/2 of Section 21, 65.0 foot, thence }north 34 degxegis 00 pintas Mwt, 63.3 feet, more or less to th4 point of begiwing. Sabjp4't to 2tata ' nok K.9 VW6 No. 10 and, 96. Page 3 of 3 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. CONSENT ITEM — 3B ,-ARZEN HILLS MEMORANDUM DATE: December 19, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Public Works Capital Equipment Replacement — 2012 International Plow Truck Budgeted Amount: Actual Amount: Funding Source: $120,000 $143,645.22 Equipment Replacement Fund (2023 CIP) (2024 or 2025 expense) Council Should Consider Motions to approve, table, or deny the following: Order the replacement of the 2012 International Plow Truck, Unit 115 for 2025 Mack Granite 42FR Single Axle in the estimated amount of $143,645.22 with the understanding prices could increase upon actual delivery of equipment and time of invoice. Background/Discussion The 2023 Capital Improvement Plan (CIP) includes the purchase of a cab and chassis to replace the 2012 International Plow Wing Truck, Unit 115. (Attachment A) Public Works staff recommends approving the replacement cab and chassis in order to be placed on the production list for a 2025 Mack Granite FR42 Single Axle. Currently, the 2024 model year is sold out. If Council orders the replacement of Unit 115, the City would be added to the vendor's limited list and the chassis would go into production in 2024, making it a 2025 model year. The City would be invoiced possibly in 2024, but likely 2025. The vendor, NUSS Truck & Equipment, provided staff with their best estimate for the 2025 model year by taking the 2024 model year price and adding 15% to get a total of $143,645.22 (Attachment B). This does not include the costs for the full build out of the plow truck, only the cab and chassis. Staff recommends ordering the replacement of Unit 115 with a Mack Granite 42FR Single Axle. This is one of our three large dump trucks used primarily for plowing and de-icing streets. With only three dump trucks in the snow plow fleet, it is imperative that they be dependable during snow events as to provide uninterrupted service to the public. Page 1 of 2 Budtet Impact The CIP includes a budget of $120,000 for this equipment in 2023 but the actual costs would occur in 2024 or 2025, with an estimated total of $143,645.22. Again, these costs are for the cab and chassis only and do not include the costs to complete the full build out of the plow truck. The full build out would occur after receiving the cab and chassis which would likely occur in 2025. The CIP has $150,000 budgeted for the full build out. To stay consistent, that value should also be increased by 15% which calculates to $172,500. Staff has estimated $30,000 to trade-in or auction Unit 115. Therefore, the estimated net cost to the City for the entire build is $286,145.22, the CIP currently projects $240,000 net cost to the City. Repair costs for Unit 115 parts and labor: 2018 - $ 8,445 2019 - $10,672 2020 - $ 2,685 2021 - $6,345 2022 - $525 Attachments Attachment A: CIP Replace 2012 Int'l Plow Wing Truck Unit 115 Attachment B: Quote for 2025 Mack Granite FR42 Single Axle cab and chassis Page 2 of 2 Capital Improvement Plan City of Arden Hills, Minnesota Project# 23-EgpV-001 Project Name Replace 2012 Intl Plow Wing Truck #115 TCAAP No Description lehicle #115 - 2012 International Plow Wing Truck Aileage 23,703 lours 2,205 Justification Attachment A 2023 thru 2027 Department Equipment Contact Public Works Director Type Equipment Useful Life 10-12 Category Vehicles Priority n/a Total Project Cost: $270,000 lehicle will be 12 years old. tepair costs for parts and labor: !018 - $ 8,445 ;019 - $10,672 !020 - $ 2,685 !021 - $6,345 Chis is one of our three large dump trucks used primarily for plowing and de-icing streets. While the mileage on this vehicle is relatively low, due o the corrosiveness of salt, the frame and bodies are beginning to deteriorate. With only three dump trucks in the snow plow fleet it is imperative hat they be dependable during snow events. Expenditures 2023 2024 2025 2026 2027 Total Equip/Vehicles/Furnishings 120,000 150,000 270,000 Total 120,000 150,000 270,000 Funding Sources 2023 2024 2025 2026 2027 Total Equipment/Building 120,000 120,000 240,000 Replacement Fund Trade -In Value 30,000 30,000 Total 120,000 150,000 270,000 Budget Impact/Other teduce repair and maintenance costs and improve reliability of our primary snow removal equipment. Produced Using the Plan -It Capital Planning Software 37 Attachment B Print Date & Time 12/12/2022 11:31 Single Axle Cab & Chassis Exhibit D: Price Schedule VENDOR NAME NUSS TRUCK & EQUIPMENT MAKE AND MODEL 2022 MACK GRANITE 42FR SA ........................................................................................................................................................................................................................................................................ This section for use when orderly y wB 187" CA 96" Grand Total $ 124,908.89 AF 62" Rear Ratio 4.33 Cab Color WHITE Wheel WHITE Color Notes CITY OF ARDEN HILLS, Updated 11.29.22 ........................................................................................................................................................................................................................................................................: Spec # i Description .................:............................................................................................ 1.0 Price for base unit: 2.0 2.1 2.2 2.3 2.4 2.5 2.60 2.70 2.80 2.90 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 FRAME OPTIONS 2ty 2022 Price Subtotal .......................................................................... 1 l $ 87,987.00 $ 87,987.00 Front frame extension 1 $ 886.00 $ 886.00 Custom hole punching in frame $ 100.00 $ - Deduct for no front bumper 1 $ (60.00) $ (60.00) Frame fastener option (bolt or huck spun) 1 STD Frame, R.B.M., S.M., PSI, CA $ _ 2,120,000 17.7 120,000 87 - 112 CA $ (64.00) $ - 2,120,000 17.7 120,000 113 - 133 CA STD 2,120,000 17.7 120,000 134 - 152 CA $ 107.00 $ - 2,120,000 17.7 120,000 153 - 199 CA $ 406.00 $ - 2,120,000 17.7 120,000 200 - 236 CA $ 482.00 $ - 2,470,000 20.6 120,000 87 - 112 CA $ 176.00 $ - 2,470,000 20.6 120,000 113 - 133 CA $ 240.00 $ - 2,470,000 20.6 120,000 134 - 152 CA $ 347.00 $ - 2,470,000 20.6 120,000 153 - 199 CA $ 646.00 $ - 2,470,000 20.6 120,000 200 - 236 CA $ 722.00 $ - 2.820,000 23.5 120,000 87 - 112 CA 1 $ 521.00 $ 521.00 2.820,000 23.5 120,000 113 - 133 CA $ 585.00 $ - 2.820,000 23.5 120,000 134 - 152 CA $ 692.00 $ - 2.820,000 23.5 120,000 153 - 199 CA $ 991.00 $ - 2.820,000 23.5 120,000 200 - 236 CA $ 1,067.00 $ - 3,160,000 26.3 120,000 87 - 112 CA $ 744.00 $ - 3,160,000 26.3 120,000 113 - 133 CA $ 808.00 $ - 3,160,000 26.3 120,000 134 - 152 CA $ 915.00 $ - 3,160,000 26.3 120,000 153 - 199 CA $ 1,214.00 $ - 3,160,000 26.3 120,000 200- 236 CA $ 1,290.00 $ - DOUBLE FRAME - PARTIAL IC REINFORCEMENT $ - 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 2.41 2.42 2.43 2.44 2.45 2.46 2.47 2.48 2.49 2.50 2.51 2.52 2.53 2.54 2.55 2.56 2.57 2.58 2.59 2.60 2.61 2.62 2.63 2.64 2.65 2.66 2.67 2.68 2.69 2.70 2.71 2.72 3,230,000 26.9 120,000 87 - 112 CA $ 801.00 3,230,000 26.9 120,000 113 - 133 CA $ 865.00 3,230,000 26.9 120,000 134-152 CA $ 972.00 3,230,000 26.9 120,000 153 - 199 CA $ 19214.00 3,230,000 26.9 120,000 200 - 236 CA $ 19290.00 3,580,000 29.8 120,000 87 - 112 CA $ 19041.00 3,580,000 29.8 120,000 113 - 133 CA $ 19105.00 3,580,000 29.8 120,000 134-152 CA $ 19212.00 3,5809000 29.8 1209000 153 - 199 CA $ 19511.00 3,5809000 29.8 1209000 200 - 236 CA $ 1,587.00 3,9209000 32.7 120,000 87 - 112 CA $ 1,376.00 3,9209000 32.7 120,000 113 - 133 CA $ 1,450.00 3,9209000 32.7 120,000 134-152 CA $ 1,657.00 3,9209000 32.7 120,000 153 - 199 CA $ 1,856.00 3,9209000 32.7 120,000 200 - 236 CA $ 1,932.00 4,260,000 35.5 120,000 87 - 112 CA $ 1,832.00 4,260,000 35.5 120,000 113 - 133 CA $ 1,673.00 4,260,000 35.5 120,000 134-152 CA $ 2,003.00 4,260,000 35.5 120,000 154 - 199 CA $ 2,301.00 4,260,000 35.5 120,000 200 - 236 CA $ 2,384.00 DOUBLE FRAME - FULL IC REINFORCEMENT 3,230,000 26.9 120,000 87 - 112 CA $ 1,001.00 3,230,000 26.9 120,000 113 - 133 CA $ 1,065.00 3,230,000 26.9 120,000 134-152 CA $ 1,172.00 3,230,000 26.9 120,000 153 - 199 CA $ 1,414.00 3,230,000 26.9 120,000 200 - 236 CA $ 1,490.00 3,580,000 29.8 120,000 87 - 112 CA $ 1,241.00 3,580,000 29.8 120,000 113 - 133 CA $ 1,305.00 3,5809000 29.8 1209000 134-152 CA $ 1,412.00 3,580,000 29.8 120,000 153 - 199 CA $ 1,711.00 3,580,000 29.8 120,000 200 - 236 CA $ 1,787.00 3,580,000 29.8 120,000 87 - 112 CA $ 1,576.00 3,580,000 29.8 120,000 113 - 133 CA $ 1,650.00 3,580,000 29.8 120,000 134-152 CA $ 1,857.00 3,580,000 29.8 120,000 153 - 199 CA $ 2,056.00 3,580,000 29.8 120,000 200 - 236 CA $ 19787.00 3,9209000 32.7 120,000 87 - 112 CA $ 1,576.00 3,9209000 32.7 120,000 113 - 133 CA $ 1,650.00 3,9209000 32.7 120,000 134 - 152 CA $ 1,857.00 3,9209000 32.7 120,000 153 - 199 CA $ 2,056.00 3,9209000 32.7 120,000 200 - 236 CA $ 29132.00 4,260,000 35.5 120,000 87 - 112 CA $ 2,032.00 4,260,000 35.5 120,000 113 - 133 CA $ 19873.00 4,260,000 35.5 120,000 134 - 152 CA $ 2,203.00 4,260,000 35.5 120,000 153 - 199 CA $ 2,501.00 4,260,000 35.5 120,000 200 - 236 CA $ 2,584.00 2.73 2.74 2.75 2.76 2.77 2.78 2.79 2.80 2.81 2.82 2.83 2.84 2.85 2.86 2.87 2.88 2.89 2.90 2.91 2.92 2.93 2.94 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 TRIPLE FRAME - FULL IC REINFORCEMENT $ - 5,688,000 47.4 120,000 87 - 112 CA $ 4,960.00 $ - 5,688,000 47.4 120,000 113 - 133 CA $ 5,024.00 $ - 5,688,000 47.4 120,000 134 - 152 CA $ 5,131.00 $ - 5,688,000 47.4 120,000 153 - 199 CA $ 5,430.00 $ - 5,688,000 47.4 120,000 200 - 236 CA $ 5,506.00 $ - Flush bright finish channel steel $ 113.00 $ - Extended stylized -silver -bright finish steel w/stone guard $ 1,495.00 $ - Extended - swept back steel, bright finish with stone guard - includes center tow pin $ 1,139.00 $ - Mill finish, flush mounted, unpainted aluminum $ 68.00 $ - Extended swept back channel steel (includes center tow pin) w/stone guard $ 805.00 $ - Extended swept back channel steel with bright finish w/painted center tow pin $ 620.00 $ - Extended swept back steel channel w/bright finish $ 258.00 $ - Extended swept back painted steel 1 STD Flush painted steel $ (15.00) $ - Flush stainless clad aluminum $ 143.00 $ - Plate type radiator guard $ 105.00 $ - Bright finish plate type radiator guard $ 258.00 $ - Tectyl 185 GW pigmented compound between frame rails $ 110.00 $ - BOC crossmember, steel HD back to back channel intermediate $ 66.00 $ - BOC & intermediate crossmember, HD I -Beam $ 332.00 $ - Frame rail clearance $ 62.00 $ - FRONT AXLE/SUSPENSION/BRAKE/OPTION Set forward front axle option 1 STD $ - 12,000 front axle & matching suspension - Mack FXL12 STD 14,600 front axle & matching suspension - Mack FXL14.6 $ 771.00 $ - 16,000 front axle and matching suspension $ _ 18,000 front axle and matching suspension - Mack FXL18 $ 1,361.00 $ - 20,000 front axle and matching suspension - Mack FXL20 1 $ 2,147.00 $ 2,147.00 23,000 front axle and matching suspension - Mack FXL23 $ 2,448.00 $ - Heavy duty front axle shocks 1 STD Front stabilizer bar $ - Right hand air bag suspension per Spec 3.6, Driver controlled Left air bag suspension per Spec 3.6, Driver controlled Front axle lubrication cap with slotted venthole $ - Front brake dust shields 1 $ 18.00 $ 18.00 Dual front auxiliary steering gear $ 569.00 $ - RH spring build up for wing plow application $ 30.00 $ - LH spring build up for wing plow application $ 30.00 $ All wheel drive front axle $ 43,000.00 $ - Twin Steer Front Axle $ 12,612.00 $ - 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 Aluminum front hubs $ 53.00 $ - Centerfuse outboard mounted brake drums $ 217.00 $ - Multileaf front spring ILO taperleaf (2 leaf spring) $ 35.00 $ - HD mulitileaf front spring ILO taperleaf (2 leaf spring) $ 65.00 $ - HD taperlead (3 leaf spring) ILO of taperleaf (2 leaf spring) $ 65.00 $ - Meritor EX+ Air Disc Brakes requires Meritor rear brakes $ 653.00 $ - Meritor front slack adjustors - Need same slack on rear axle $ 1.00 $ - Meritor front slack with stainless steel pins 1 $ 58.00 $ 58.00 Haldex front slack adjustors - Need same slack adjustor on rear axle STD Haldex front slack with stainless steel pins $ 57.00 $ - Meritor front brakes ILO of Bendix - requires Meritor rear brakes 1 $ 131.00 $ 131.00 Power steering reservoir with visible sight glass $ 30.00 $ - 4.0 SINGLE REAR AXLE/SUSPENSION/BRAKE/OPTIONS 17,500# driver differential locking rear axle and matching suspension $ - 19,000# rear axle & matching suspension $ - 19,000# driver differential locking rear axle and matching suspension $ - 21,000# rear axle and matching suspension $ (110.00) $ - 21,000# driver differential locking rear axle and matching suspension $ 374.00 $ - 22,000# rear axle and matching suspension $ - 22,000# driver differential locking rear axle and matching suspension $ - 23,000# rear axle and matching suspension $ 181.00 $ - 23,000# driver differential locking rear axle and matching suspension 1 $ 665.00 $ 665.00 26,000 # rear axle and matching suspension $ 880.00 $ - 26,000 # driver differential locking rear axle and matching suspension $ 1,364.00 $ - Meritor RS23160 rear axle and 26,000# rear suspension, driver diff. lock. $ 830.00 $ - 17,500# air suspension in lieu of springs $ - 19,000# air suspension in lieu of springs $ - 21,000# air suspension in lieu of springs $ - 22,000# air suspension in lieu of springs $ - 23,000# air suspension in lieu of springs $ 120.00 $ - 26,000# air suspension in lieu of springs $ - Dash mounted air dump system $ - $ - '/2 round universal joints 1 STD Spicer 1810 HD drive line with half round universal joints $ 126.00 $ - Rear axle heavy duty shocks $ - Rear auxiliary spring, 4500# $ - Rear stabilizer bar $ - Rear brake dust shield 1 $ 18.00 $ 18.00 Mack RA23R 23,000 Ibs rear axle STD 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 4.37 4.38 4.39 4.40 4.41 4.42 4.43 4.44 4.45 4.46 4.47 4.48 4.49 4.50 4.51 4.52 4.53 4.54 4.55 4.56 4.57 4.58 4.59 4.60 4.61 4.62 4.63 4.64 4.65 4.66 4.67 4.68 4.69 4.70 Meritor RS-30-185 30,000 Ibs rear axle $ 1,812.00 $ - Dana -Spicer S30-190 30,000 Ibs rear axle $ 3,209.00 $ - Mack interwheel power didiver for RA23R axle $ 1,367.00 $ - Mack CRD203 carrier $ 377.00 $ - Mack interwheel power divider for CRD2031 axle $ 1,367.00 $ - Driver controlled interwheel differential lock $ 484.00 $ - Meritor RS23160 rear axle and 30,000# rear suspension, driver diff. lock. $ 1,050.00 $ - Tractech No -Spin both axle $ 1,129.00 $ - 23,000 Ibs Mack Multileaf spring with helper 1 $ 130.00 $ 130.00 26,000 Ibs Mack Multileaf spring with helper $ 165.00 $ - 30,000 Ibs Mack Multileaf spring with helper $ 515.00 $ - 30,000 Ibs Mack Multileaf spring $ 385.00 $ - 38,000 Ibs Mack Multileaf spring $ 825.00 $ - 21,000 Ibs Mack Multileaf spring $ (110.00) $ - Mack AL231 air ride suspension $ 120.00 $ - Neway 30,000 Ibs AD-130 air ride suspension $ 1,165.00 $ - Meritor wide track axle $ 516.00 $ - Lube pump and filter $ 242.00 $ - Meritor 18 MXL extended lube 1 $ 31.00 $ 31.00 Meritor 175 MXL extended lube $ 32.00 $ - Dana -Spicer SPL170XL extended lube series $ 453.00 $ - Dana -Spicer SPL250XL extended lube series $ 493.00 $ - Dana -Spicer SPL250DXL extended lube series $ 502.00 $ - Dana -Spicer SPL350DXL extended lube series $ 776.00 $ - Haldex automatic rear slack adjustors STD Haldex automatic rear slack adjustors with stainless steel pins $ 96.00 $ - Meritor automatic rear slack adjustors $ 1.00 $ - Meritor automatic rear slack adjustors with stainless steel pins 1 $ 231.00 $ 231.00 Meritor 16.5" x 7" rear brakes 1 $ 58.00 $ 58.00 Meritor 18" x 7" P rear brakes $ 53.00 $ - Meritor 16.5" x 7" P rear brakes $ 53.00 $ - Meritor 16.5" x 7" heavy duty rear brakes $ 28.00 $ - Haldex "Gold Seal' brake chambers 1 $ 1.00 $ 1.00 Haldex "Life Seal' brake chamber STD MGM TR 30/30 LP3 (3" Stroke) brake chambers $ 44.00 $ - MGM MODEL LTR-L3 (Y Stroke) $ 114.00 $ - MGM TR3030LP3THD $ 66.00 $ - MGM MODEL TR-T tamper -resistant brake chamber $ 26.00 $ - MGM MODEL TR-T tamper -resistant brake chamber - reclock inlet ports for optimum ground clearance $ 43.00 $ - Haldex "Gold Seal' 3.0" stroke bake chamber $ 159.00 $ - Centerifuse outboard brake drums $ 103.00 $ - Aluminum preset hub with integrated spinle nut $ 19.00 $ - Conmet Aluminum preset bearings & seals $ 192.00 $ - Chicago Rawhide (Scotseal Longlife) $ 30.00 $ - 4.71 4.72 4.73 5.0 6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 National/Federal Mogul $ 11.00 $ - Stemco-Grit Guard $ 32.00 $ - Stemco-Guardian $ 31.00 $ - INTENTIONALLY LEFT BLANK: TIRES/RIMS OPTIONS: Nylon wafers or wheel guards on all wheels (10 ea.) 1 $ 44.00 $ - $ - $ 44.00 Heavier 7500 lb. 22.5 x 8.25 Steel rims in lieu of standard 7300# rims (10 ea.) STD eavier x 8.25 Steelrims in lieu ot standard rims (8 ea.) in rear only $ 16.00 $ - 11 R 22.5 H front tires $ 39.00 $ - 12R 22.5 H front tires $ 198.00 $ - 9000 lb. 22.5 9" front steel rims, 315/80R 22.5 J front tires $ 187.00 $ - 10,000 lb. 22.5 9" front steel rims, 315/80R 22.5 J front tires 1 $ 407.00 $ 407.00 10,500 lb. 22.5 x 12.25 front steel rims, 385/65R 22.5 J front tires $ 609.00 $ - 10,500 lb. 22.5 x 12.25 front steel rims, 425/65R 22.5 J front tires $ 669.00 $ - 11 R 22.5 H rear tires 1 $ 328.00 $ 328.00 7,300 lb. 24.5" x 8.25" steel front rims $ 5.00 $ - 7300 lb. 24.5" x 8.25" rear steel rims $ 44.00 $ - 8,000 lb. 24.5" x 8.25" steel front rims $ 10.00 $ - 8,000 lb. 24.5" x 8.25" steel rear rims $ 82.00 $ - 11 R 24.5 G front tires $ 63.00 $ - 11 R 24.5 H front tires $ 105.00 $ - 11 R 24.5 G rear tires $ 164.00 $ - 11 R 24.5 H rear tires $ 480.00 $ - Steel spare rim, size 22.5 x 8.25 $ 125.00 $ - Steel spare rim, size 24.5 x 8.25 $ 148.00 $ - Steel spare rim, size 22.5 x 9.0 $ 380.00 $ - Steel spare rim, size 22.5 x 12.25 $ 430.00 $ - 12R22.5 H front tires $ 439.00 $ - 12R 22.5 H rear tires $ 876.00 $ - Wheel lug wrench - includes handle $ 48.00 $ - Aluminum front wheel - 22.5 x 8.25 $ 141.00 $ - Aluminum front wheel - 24.5 x 8.25 $ 156.00 $ - Aluminum front wheel - 22.5 x 9.0 $ 329.00 $ - Aluminum front wheel - 22.5 x 12.25 $ 387.00 $ - Polished aluminum front wheel $ 48.00 $ - Dura-bright bright finish front wheels $ 204.00 $ - Wheel finishing with extra polished front wheels $ 76.00 $ - Aluminum rear wheels - 22.5 x 8.25 $ 246.00 $ - Aluminum rear wheels - 24.5 x 8.25 $ 300.00 $ - Polished aluminum rear wheel four outboard of dual wheels $ 66.00 $ - Polished aluminum rear wheel all eight (4) wheels $ 133.00 $ - 6.37 6.38 6.39 6.40 6.41 6.42 6.43 6.44 6.45 6.46 6.47 6.48 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 Dura-bright bright finish on all eight (4) rear wheels $ 667.00 $ - Dura-bright bright finish on all four (2) outboard rear wheels $ 334.00 $ - 11 R22.5 G Bridgestone M843 front tires $ 223.00 $ - 11 R22.5 G Michelin XZE2 front tires $ 296.00 $ - 315/80R22.5 L Michelin XZA1 front tires $ 532.00 $ - 385/65R22.5 J Michelin XZY3 front tires $ 712.00 $ - 425/65R22.5 L Michelin XZY3 front tires $ 959.00 $ - 11 R22.5 G Bridgestone M843 rear tires $ 446.00 $ - 11 R22.5 G Michelin XDN2 rear tires $ 946.00 $ - 11 R22.5 H Michelin XDN2 rear tires $ 982.00 $ - 11 R22.5 G Goodyear G622RSD rear tires $ 1,252.00 $ - 11 R22.5 H Goodyear G622RSD rear tires $ 1,336.00 $ - BRAKE SYSTEM OPTIONS: Wabco System Saver 1200 E heated air dryer 1 STD $ - Manual cable drain valves on air tanks with lanyard on all tanks $ 24.00 $ - Heated air tank $ - Auto drain valves on air tanks $ 31.00 $ - MGM type TR-T rear brake chambers $ 50.00 $ S.S. pins on slack adjuster yoke (2 ea. per yoke) For all air brake chambers $ - Inverted rear brake chamber mounting in lieu of regular mounting $ - Relocate air dryer $ 49.00 $ - Bendix AD9 heated air dryer $ 118.00 $ - Bendix AD-IP heated air dryer $ 164.00 $ - Meritor/Wabco system twin heated air dryer $ 539.00 $ - Auto heated drain valve- heated supply tank, manual petcock $ 42.00 $ - Auto heated drain valve- heated supply tank, with lanyard on all other tanks $ 72.00 $ - Aluminum air reservoirs $ 192.00 $ - Polished aluminum air reservoirs $ 252.00 $ - Increase air capacity for installation of extra axles $ 289.00 $ - MACK Road Stability Adv. Bendix ABS/ATC/RSA w/YAW control with mud/snow switch $ 1,873.00 $ - Meritor/Wabco ABS system w/o automatic traction control $ 142.00 $ - Bendix ABS system with traction control $ 270.00 $ - Meritor/Wabco ABS system w/auto traction control 1 $ 357.00 $ 357.00 Furnish automatic traction control (ATC full disable switch) $ 105.00 $ - Lanyard control on supply wet tank $ 16.00 $ - Haldex "Gold Seal' brake chamber $ 1.00 $ - Haldex "Life Seal' brake chamber STD MGM TR 30/30 LP3 (3" Stroke) brake chamber $ 105.00 $ - MGM LTR (3" Stroke) brake chamber $ 285.00 $ - MGM TR3030LP3THD $ 133.00 $ - MGM TR-T (Tamper Resistant brake chamber) reclock inlet ports for optimum ground clearance $ 68.00 $ - Haldex "Gold Seal' 3.0" stroke brake chamber $ 399.00 $ - 7.30 7.31 7.32 7.33 7.34 7.35 7.36 7.37 8.0 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 Electric horn sound when driver door open with park brake released $ 67.00 $ - Alarm to sound when driver door open & parking brake not on $ 43.00 $ - Schreader valve located in supply tank $ 47.00 $ - Schreader valve, secondary $ 47.00 $ Two (2) valve dual brake system -trailer supply and tractor -trailer park $ 42.00 $ - Relocate all air reservoir in frame $ 48.00 $ - Air reservoir in frame, one reservoir on the RH rail behind Cleartech $ 48.00 $ - Never -seize to brake shoes pins & cam rollers $ - ENGINE/EXHAUST AND FUEL TANKS OPTIONS: (List Make & Model, H.P., torque of engine and exhaust and fuel tank o tions)$ ac - - ea ov 1250 LB -FT Torque STD I$ $ - - Mack - - ea ov 1250 LB -FT Torque 1 $ 481.00 $ 481.00 Mack - - eaGov 1360 LB -FT Torque $ 813.00 $ - ac - - eaGov 1560 LB -FT Torque $ 1,508.00 $ - Mack - - ea ov 1360 LB -FT Torque $ 300.00 $ - Mack - - ea ov 1460 LB -FT Torque $ 651.00 $ - Mack - - ea ov 1560 LB -FT Torque $ 1,112.00 $ - ac - - eaGov 1560 LB -FT Torque $ 1,112.00 $ - ac - - eaGov 1660 LB -FT Torque $ 2,064.00 $ - ac - - eaGov 1860 LB -FT Torque $ 2,589.00 $ - ac - - eaGov 1860 LB -FT Torque $ 3,311.00 $ - ac - - eaGov 1560 LB -FT Torque $ 2,247.00 $ - ac - - eaGov 1760 LB -FT Torque $ 2,635.00 $ - ac - -(Peak) 21UUU RPM Gov 1860 LB -FT Torque $ 3,759.00 $ - Clear Back of Cab - DPF & SCR Frame Mounted , RH Side under Cab 1 $ 114.00 $ 114.00 PK7-17C2 93 gallon sleeved fuel tank, 20" clearance for outrigger/wing plow $ 317.00 $ - Cleartech, DPF RH side under cab w/SCR vertical RH side of cab $ 601.00 $ - Cleartech with DPF vertical RH side BOC, w/SCR vertical LH side BOC 1 $ 3,308.00 $ - 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 8.36 8.37 8.38 8.39 8.40 8.41 8.42 8.43 8.44 8.45 8.46 8.47 8.48 8.49 8.50 8.51 8.52 8.53 8.54 8.55 8.56 o Muffler, Single Vertical x aust Cab Mounted,Lower Ventura Diffuser, Turned End 1 $ 318.00 $ 318.00 o Muffler, Single Vertical x aust Cab Mounted,Lower Ventura Diffuser, Plain End $ 318.00 $ - Single (R/S) Vertical Straight Exhaust Stack Plain End $ (16.00) $ - Single (R/S) Vertical Straight Exhaust Stack Turned Out 1 STD Single (R/S) Vertical Straight Exhaust Stack Plain End Perf Stack Diffuser $ 32.00 $ - Single (R/S) Vertical Straight Exhaust Stack Plain End Side Outlet Diffuser $ 126.00 $ - Single (R/S) Vertical Straight Exhaust Stack Plain Top Outlet Diffuser $ 126.00 $ - Dual Vertical Straight Exhaust Stack Plain End - N/A with Allison Transmission $ 1,065.00 $ - Dual Vertical raig Exhaust acTurned u n - with Allison Transmission $ 1,091.00 $ - Dual Vertical raig Exhaust acPlain bide Outlet D-iff-user - with Allison Transmission $ 1,507.00 $ - Dual Vertical raig Exhaust acPlain I op Outlet Diffuser - with Allison Transmission $ 1,507.00 $ - Single, Bright finish heat shield & stack 1 $ 65.00 $ 65.00 Dual, Bright finish heat shield & stack $ 130.00 $ - Single, Bright finish heat shield, stack & elbow $ 162.00 $ - Dual, Bright finish heat shield, stack & elbow $ 344.00 $ - Single, Bright finish stack only $ 50.00 $ - Dual, Bright finish stack only $ 99.00 $ - Single, Bright finish lower elbow & stack $ 148.00 $ - Dual, Bright finish lower elbow & stack $ 294.00 $ - Single, Bright finish heat shield only $ 16.00 $ - Dual, Bright finish heat shield only $ 31.00 $ - Bright finish stainless steel heat shield for frame mounted Mack Cap DPF $ 171.00 $ - 50 Gallon LH steel 22" Dia fuel tank $ (118.00) $ - 66 Gallon LH steel 22" Dia fuel tank $ (96.00) $ - 72 Gallon LH steel 26" Dia fuel tank $ (62.00) $ - 88 Gallon LH steel 22" Dia fuel tank $ 164.00 $ - 93 Gallon LH steel 26" Dia fuel tank $ 267.00 $ - 116 Gallon LH steel 22" Dia fuel tank $ 222.00 $ - 50 Gallon LH aluminum 22" Dia fuel tank $ (64.00) $ - 66 Gallon LH aluminum 22" Dia fuel tank $ (45.00) $ - 72 Gallon LH aluminum 26" Dia fuel tank $ 24.00 $ - 88 Gallon LH aluminum 22" Dia fuel tank $ 231.00 $ - 93 Gallon LH aluminum 26" Dia fuel tank $ 272.00 $ - 116 Gallon LH aluminum 22" Dia fuel tank $ 292.00 $ - 50 Gallon LH Steel D-Shape $ (118.00) $ - 66 Gallon LH Steel D-Shape $ (68.00) $ - 88 Gallon LH Steel D-Shape $ 101.00 $ - 116 Gallon LH Steel D-Shape $ 300.00 $ - 8.57 8.58 8.59 8.60 8.61 8.62 8.63 8.64 8.65 8.66 8.67 8.68 8.69 8.70 8.71 8.72 8.73 8.74 8.75 8.76 8.77 8.78 8.79 8.80 8.81 8.82 8.83 8.84 8.85 8.86 8.87 8.88 8.89 8.90 8.91 8.92 8.93 8.94 8.95 8.96 8.97 8.98 50 Gallon LH Aluminum D-Shape $ (118.00) $ - 66 Gallon LH Aluminum D-Shape $ (27.00) $ - 88 Gallon LH Aluminum D-Shape $ 173.00 $ - 93 Gallon LH Aluminum D-Shape $ 195.00 $ - 116 Gallon LH Aluminum D-Shape $ 367.00 $ - 66 Gallon LH Steel D-Shape with Integral DEF Tank $ (47.00) $ - 88 Gallon LH Steel D-Shape with Integral DEF Tank $ 213.00 $ - 111 Gallon LH Steel D-Shape with Integral DEF Tank $ 325.00 $ - 66 Gallon LH Aluminum D-Shape with Integral DEF Tank 1 STD 72 Gallon LH Aluminum D-Shape 26" Dia. with Integral DEF Tank $ 171.00 $ - 88 Gallon LH Aluminum D-Shape with Integral DEF Tank $ 240.00 $ - 93 Gallon LH Aluminum D-Shape 26" Dia. with Integral DEF Tank $ 304.00 $ - 111 Gallon LH Aluminum D-Shape with Integral DEF Tank $ 378.00 $ - a on Aluminum D-Shape tanks, 66 Gallon isolated tor Hyd oil $ 839.00 $ - 50 Gallon RH steel 22" Dia fuel tank $ 503.00 $ - 66 Gallon RH steel 22" Dia fuel tank $ 529.00 $ - 88 Gallon RH steel 22" Dia fuel tank $ 814.00 $ - 116 Gallon RH steel 22" Dia fuel tank $ 871.00 $ - 50 Gallon RH aluminum 22" Dia fuel tank $ 570.00 $ - 66 Gallon RH aluminum 22" Dia fuel tank $ 593.00 $ - 88 Gallon RH aluminum 22" Dia fuel tank $ 879.00 $ - 116 Gallon RH aluminum 22" Dia fuel tank $ 849.00 $ - 50 Gallon RH Steel D-Shape $ 503.00 $ - 66 Gallon RH Steel D-Shape $ 566.00 $ - 88 Gallon RH Steel D-Shape $ 751.00 $ - 116 Gallon RH Steel D-Shape $ 950.00 $ - 50 Gallon RH Aluminum D-Shape $ 569.00 $ - 66 Gallon RH Aluminum D-Shape $ 617.00 $ - 88 Gallon RH Aluminum D-Shape $ 822.00 $ - 116 Gallon RH Aluminum D-Shape $ 1,016.00 $ - Single polished aluminum fuel tank $ 197.00 $ - Dual polished aluminum fuel tank $ 393.00 $ - Isolate RH fuel tank from fuel system for hyd oil $ 30.00 $ - Dual draw & return fuel system $ 82.00 $ - Filter neck screen for fuel tank $ 71.00 $ - Lockable fuel tank cap $ 31.00 $ - Bright finish DPF tank cover - Requires with bright finish tanks $ 171.00 $ - Bright finish DEF tank cover $ 29.00 $ - Bright Finish Aluminum steps & stainless steel bright finish straps $ 189.00 $ - Bright Finish Fuel Tank Straps - Single Tank 1 $ 32.00 $ 32.00 Flocs oil change system w/disconnecting fittings $ 114.00 $ - Engine oil drain kit, Flocs, SAE 100R2 hose $ 136.00 $ - 9.0 ENGINE RELATED OPTIONS: I $ - 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 MIMI 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 001 9.37 9.38 9.39 9.40 Oil fill and dipstick EZ access $ - Delco 35 SI Brushless Alternator, 135 AMP $ 102.00 $ - Delco 24 SI Alternator, 130 AMP 1 STD Delco 24 SI Alternator, 145 AMP $ 18.00 $ - Leece-Neville Alternator, 145 AMP $ 70.00 $ - Dual element air cleaner $ - Donaldson Single Stage Air cleaner per spec 12.1 1 $ 278.00 $ 278.00 Thumb screws for Donaldson. Single stage Air Cleaner $ - Fuel/water separator/heated/ Thermostatically controlled, _ (Brand) $ _ Davco 382 fuel/water separator, non heated $ _ Non -heated ue wa er separator, Mack w/manual drain valve (integral w/primary fuel filter STD Coolant spin on filter/conditioner 1 $ 47.00 $ 47.00 Front engine powered take off adapter and radiator cut out 1 $ 103.00 $ 103.00 Air applied fan drive, Kysor two speed K32 Duro speed fan $ 135.00 $ - Air applied fan drive, (Brand) $ _ Viscous fan drive - Behr Electronically modulated 1 STD Radiator hose package (Silicone) per Spec 12.2 1 $ 240.00 $ 240.00 Curved exhaust pipe end 1 STD Fuel tank per specification 12.7 $ _ Engine block heater 1 $ 65.00 $ 65.00 In line fuel heater $ 407.00 $ - In tank fuel heater $ 351.00 $ - Fuel cooler $ _ Radiator bug screen 1 STD Engine brake system $ 604.00 $ - Relocate air dryer $ 66.00 $ - Extended life anti -freeze 1 $ 20.00 $ 20.00 Starter motor options $ _ Starter motor options - Delco 39MT-MXT 1 STD Mitsubishi electric 105P planetary gear reduction $ 46.00 $ - Relocate fuel filter $ 38.00 $ - Non -heated fuel/water separator, Racor 1000 FH $ 349.00 $ - Silicone radiator & heater hose with gate valve on each heater hose $ 201.00 $ - Silicone radiator, spring clamps on radiator & heater, 1/4 turn ball valve heater hose $ 212.00 $ - Mack brand EPDM radiator & heater hoses with 1/4 turn ball valve $ 79.00 $ - Mack brand EPDM radiator & heater hoses with constant torque clamps on all coolant lines $ 22.00 $ - Leece-Neville Alternator, 200 AMP $ 464.00 $ - Leece-Neville Alternator, 270 AMP $ 659.00 $ - Leece-Neville Alternator, 160 AMP Brushless $ 106.00 $ - Delco 24 SI Alternator, 160 AMP $ 54.00 $ - 9.41 9.42 9.43 9.44 9.45 9.46 9.47 9.48 9.49 9.50 9.51 9.52 9.53 9.54 9.55 9.56 9.57 9.58 9.59 9.60 9.61 9.62 10 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 Delco 36SI Alternator, 165A Amp Brushless $ 178.00 $ - Delco 36SI Alternator, 165A Amp Brushless, w/remote voltage sensing $ 166.00 $ - Leece-Neville Alternator, 140 Amp $ 49.00 $ - Leece-Neville Alternator, 160 AMP Brush $ 103.00 $ - Meritor/Wabco 636 (37.4 CFM) air compressor $ 783.00 $ - Without bug screen $ (22.00) $ - Winterfront over radiator mounted bug screen $ 97.00 $ - Winter front cover only $ 52.00 $ - Corrosion resistant oil pan - Recommended for snow plow trucks 1 $ 126.00 $ 126.00 Stainless steel oil pan 1 $ 1,950.00 $ 1,950.00 Davco 382 heated fuel -water separator 1 $ 387.00 $ 387.00 Racor fuel filter 1000 FH, 12V electrical heater with Mack integral fuel -water separator $ 374.00 $ - 120V, 150OW block heater with 150W oil pan heater wired to same receptacle $ 137.00 $ - Electric preheater 1 $ 53.00 $ 53.00 Tether device -furnish cap retainer for oil fill, radiator overflow tank, battery box & tool box when furnish $ 23.00 $ - Electric primer pump (Mack engine) with momentary switch located LH rail BOC $ 96.00 $ - Rear engine PTO (Repto) $ 1,817.00 $ - Furnish transmission thru shaft for local installation of RMPTO for Fuller transmission (lower left) $ 28.00 $ - Provision for local installation of rear mounted PTO (lower center) includes dash mounted indicator light $ 159.00 $ - Air operated PTO control - includes in cab control (RMPTO only) $ 118.00 $ - PTO switch and light with wiring and piping $ 156.00 $ - PTO switch and light with wiring and piping - M-Drive transmission $ 156.00 $ - TRANSMISSION OPTIONS: (After the first six listed options, list manual and automatic transmission options. List make and model, # of speeds, type of shifting and whether or not transmission includes PTO gear(s) or not). Example: Allison 3000 HS, 5 speed, push button, no PTO. 2 plate 14" ceramic clutch option for manual transmission $ - $ - $ _ 2 plate 15'/2" ceramic clutch option for manual transmission $ _ $ _ External grease fitting for throw out bearing $ 7.00 $ - Adjustment free option for 2 plate clutches $ 47.00 $ - Synthetic (TranSynd) lubrication for Automatic Transmission 1 $ 301.00 $ 301.00 Synthetic lubrication for manual transmission STD Factory option lube - transmission $ (56.00) $ - Allison 3000-RDS 5/6 speed push button, PTO 1 $ 6,147.00 $ 6,147.00 Allison 3000-RDS 5/6 speed push button, PTO, w/output retarder $ 8,178.00 $ - Allison 3000-EVS 6 speed push button, PTO $ 8,108.00 $ - Allison 4000-RDS 5 speed push button, PTO $ 14,280.00 $ - 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.29 10.30 10.31 10.32 10.33 10.34 10.35 10.36 10.39 10.40 10.41 10.42 10.43 10.44 10.45 10.46 10.47 10.48 10.49 10.50 10.51 10.52 10.53 10.54 10.55 10.56 10.57 10.58 10.59 Allison 4000-RDS 5/6 speed push button, PTO $ 13,776.00 $ - Allison 4000-RDS 6 speed push button, PTO, w/output retarder $ 13,536.00 $ - Allison 4000-EVS 6 speed push button, PTO $ 14,972.00 $ - Allison 4500-RDS-R 6 speed, PTO $ 13,776.00 $ - Allison 4500-RDS-R 6 speed, with retarder, push button, PTO $ 16,776.00 $ - Allison 4500-EVS 6 speed push button, PTO $ 14,972.00 $ - Mack TMD12AFD-HD automated 12 speed transmission (direct drive) $ 3,718.00 $ - Mack TMD12AFD-HD automated 12 speed transmission (over drive) $ 3,718.00 $ - acK I MU 1 3AF U-H D automated 13 speed. I ransmission, creeper/multi-speed reverse (direct drive) $ 7,438.00 $ - acK I MU I 3AF U-H D automated 13 speed. I ransmission, creeper/multi-speed reverse (over drive) $ 7,438.00 $ - acK I MU 1 3AF U-H D automated 14 speed. I ransmission, ultra -low creeper/multi-speed reverse (over drive) $ 7,839.00 $ - Fuller FRO-14210C, 10 speed manual transmission, PTO STD Fuller RTO-14908LL, 10 speed manual transmission, PTO $ 855.00 $ - Fuller FRO-15210C, 10 speed manual transmission, PTO $ 1,639.00 $ - Fuller FRO-16210C, 10 speed manual transmission, PTO $ 1,298.00 $ - Fuller RTO-16908LL, 10 speed manual transmission, PTO $ 1,585.00 $ - Fuller FRO-18210C, 10 speed manual transmission, PTO $ 1,614.00 $ - Fuller RTO-14909ALL, 11 speed manual transmissin, PTO $ 1,390.00 $ - Fuller RTO-16908ALL, 11 spd manual transmissin, PTO $ 2,102.00 $ - Fuller RTLO-16913A, 13 speed manual transmission, PTO $ 2,111.00 $ - Fuller RTLO-18913A, 13 speed manual transmission, PTO $ 2,848.00 $ - Fuller RTO-16915, 15 speed manual transmissin, PTO $ 2,220.00 $ - Mack T318LR21, 18 speed manual transmission, PTO $ 1,561.00 $ - Mack T318LR, 18 speed manual transmission, PTO $ 1,277.00 $ - Mack T318, 18 speed manual transmission, PTO $ 1,306.00 $ - Fuller RTLO-16918B, 18 speed manual transmissin, PTO $ 2,725.00 $ - Fuller RTLO-18918B, 18 speed manual transmission, PTO $ 3,407.00 $ - Air assist clutch $ 359.00 $ - Mechanical clutch cable $ 160.00 $ - Open grated clutch pedal $ 14.00 $ - Transmission oil cooler 1 STD Driveshaft guard for center bearing $ 27.00 $ - Transmission dust proofing $ 15.00 $ - T-Handle shift lever for Allison - Floor mounted $ 203.00 $ - Allison shift to neutral when park brake engaged 1 STD 3rd or 4th gear hold for Allison transmission $ 300.00 $ - Stainless steel transmission coolant pipes 1 $ 175.00 $ 175.00 Allison fill tune and dip stick under hood 1 $ 138.00 $ 138.00 Remote lube fittings: clutch release, brg & bothcross-Shaft; mounted under LH door $ 50.00 $ - UF11-23 Parker gear pump - requires - rive transmission an RMPO $ 425.00 $ - 10.60 10.61 10.62 10.63 10.64 10.65 11 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 -41 FlarKer gear pump - requires - rive transmission an RMPO $ 434.00 $ - (31-11-60 Parker gear pump - requires - rive transmission an RMPO $ 548.00 $ - (31-11-bU FlarKer gear pump - requires - rive transmission an RMPO $ 588.00 $ - -61 H Harker gear pump - requires - rive transmission an RMPO $ 637.00 $ - -81 R Parker gear pump - requires - rive transmission an RMPO $ 710.00 $ - -1 U1 H Parker gear pump - requires - rive transmission an RMPO $ 857.00 $ - ELECTRICAL OPTIONS: Resettable circuit breaker electrical protection $ - $ - Automatic reset circuit breakers $ - Solid state circuit protection $ - Circuit box under hood or end of frame, each $ - Battery disconnect off negative side in cab control $ 97.00 $ - Remote jump start terminals $ 111.00 $ - Back up alarm (Preco Factory Model) $ - OEM daytime running lights 1 STD 3000 CCA batteries in lieu of 1950CCA 1 $ 66.00 $ 66.00 3 each 650/1950 CCA batteries in lieu of 2 each batteries STD Battery box aft of cab $ - Grote 44710 flasher $ - Signal Stat 935 turn signal per Spec 12.6 $ - Auxiliary customer access circuits $ - Switch for snowplow lights mounted on instrumental panel. Includes wiring terminated near headlights, for customer mounted auxiliary snowplow lights. 1 $ 80.00 $ 80.00 Power source terminal-2 stud type -mounted on firewall or inside cab with ground to frame rail and to starter, with 6 gauge wire. $ - 10-position switch panel mounted on instrument panel. Includes 10 lighted switches, ignition control; switches will control relays which will feed stud type junction block mounted inside cab. $ - Vehicle speed sensor with speed signal at fuse panel for sander ground speed control system. 1 $ 20.00 $ 20.00 Battery box left hand rail back of fuel tank $ 48.00 $ - Battery terminal cable with tall battery terminal nuts $ 8.00 $ - Dash mounted indicator body/hoist up body builder lamp 1 $ 71.00 $ 71.00 RH/LH led work light on both side of truck $ 113.00 $ - Polished aluminum battery box cover $ 52.00 $ - Molded plastic with splash guard $ 29.00 $ - Painted steel battery box $ 23.00 $ - Lockable steel battery box $ 69.00 $ - Battery shock pad $ 4.00 $ - Body Link w/cab floor pass thru hole/rubber boot $ 1.00 $ - Body Link w/o cab floor pass thru hole/rubber boot 1 STD 11.30 11.31 11.32 11.33 11.34 11.35 11.36 11.37 11.38 11.39 11.40 11.41 11.42 11.43 11.44 11.45 11.46 11.47 11.48 11.49 11.50 11.51 11.52 12 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 2 Extra dash mounted illuminated toggle switches $ 16.00 $ One extra dash mounted rocker switch thru battery for local installed items $ 10.00 $ One extra dash mounted rocker switch thru ignition for local installed items $ 10.00 $ - ix extra switches 2-15A ignition, 1-20A ignition, - igni ion, - 5A battery, & 1-20A battery $ 111.00 $ - Eight switches - tront strobe, rear strobes, wing light, wing strobe, sander light, tail gate lock, and vibrator 1 $ 237.00 $ 237.00 Back up alarm with intermittent feature (Ambient noise sensitive) $ 98.00 $ - Ecco back-up alarm 575 constant sound level 1 $ 74.00 $ 74.00 Ecco back-up alarm SA917 ambient noise sensitive $ 98.00 $ - Pollak 41-722 constant audible (mounted on rear crossmember) $ 80.00 $ - Fog lights $ 93.00 $ - Fog lights provisions - includes dash control & wiring for local installation of fog lights $ 13.00 $ - Omit rear tail lights $ (38.00) $ - Incandescent tail light module $ 91.00 $ - Brake lighting on with engine brake $ 84.00 $ - LED type tail lights 1 $ 199.00 $ 199.00 Two Mack M/F 925/1850 CCA batteries $ 56.00 $ - Three Mack 730/2190 CCA batteries $ 5.00 $ - Three Mack 800 CCA AGM Long Life Batteries $ 263.00 $ - Four Mack 1000/4000 CCA $ 182.00 $ Switch in dash with wiring to cab root, above LH & RH doors tor local installation of strobe lights $ 32.00 $ sLED trobe beacon lights mounted on top ot cat) with swi c on - panel $ 196.00 $ - LH roof mounted spot light $ 71.00 $ - Trucklite LED side marker light $ 102.00 $ - CAB EXTERIOR OPTIONS: Dual electric horns 1 $ 6.00 $ - $ 6.00 Air horns, dual, round, with snow shields 1 $ 95.00 $ 95.00 Dual rectangular air horns $ 72.00 $ - Fender mirrors per Spec 12.4 $ 133.00 $ - Heated mirrors per Spec 12.5 -West Coast $ 104.00 $ - Remote control for R.H. mirror & heated -Bulldog stylized mirrors $ 378.00 $ - Remote control for dual mirrors & heated - Bulldog stylized mirrors with integral convex mirror 1 $ 474.00 $ 474.00 Upcharge for cab extension or larger cab $ - Severe duty aluminum cab option $ - Dupont Highway orange paint or equal $ 31.00 $ - Premium paint color option $ 233.00 $ - Imron paint option STD Imron and clear coat paint option 1 STD 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 12.36 12.37 12.38 12.39 12.40 12.41 12.42 12.43 12.44 12.45 12.46 12.47 12.48 12.49 12.50 12.51 12.52 12.53 12.54 Top of hood painted flat black $ 607.00 $ - Cab Air Ride Suspension 1 STD Tilting hood per Spec 12.8 1 STD Butterfly option on hood 1 $ 413.00 $ 413.00 Transverse hood opening w/setback axle $ - Front fender mounted turn signals $ - Cab visor, external, painted to match cab color $ 184.00 $ - Front fender extensions 1 $ 105.00 $ 105.00 Front fender mud flaps 1 STD Arctic winter wiper blades $ 19.00 $ - Optional windshield washer tank 1 $ 26.00 $ 26.00 Per truck charge for all trucks, key identical $ 20.00 $ - RH observation prism window in door $ 28.00 - Spotlight LH, RH, or roof mounted each $ 71.00 $ - Front tow hooks 1 STD Rear tow hooks $ 22.00 $ Per truck charge for all trucks, key identical - 4 keys $ 39.00 $ - Heated mirrors per Spec 12.5 -West Coast heated & illuminated $ 123.00 $ - Heated mirrors per Spec 12.5 -Bulldog Stylized mirrors w/integral convex mirrors $ 272.00 $ - Heated mirrors per Spec 12.5 -Body color aero mirror with integrated convex mirror $ (49.00) $ - Remote control for R.H. mirror & heated -Aerodynamic $ 344.00 $ - Hadley/Kam 4-way mirrors with chrome steel - RH motorized & heated $ 214.00 $ - Remote control for dual mirrors & heated - Bulldog stylized mirrors illuminated with integral convex mirror $ 502.00 $ - Remote control for dual mirrors & heated - Aerodynamic $ 444.00 $ - Remote control for dual mirrors & heated - Aerodynamic body color $ 134.00 $ - Hadley/Kam 4-way mirrors with chrome steel - RH/LH both motorized & heated $ 252.00 $ - RH observation prism window in door $ 28.00 $ - Heated electric wiper blades $ 118.00 $ - Heated windshield 1 $ 425.00 $ 425.00 One piece windshield $ 83.00 $ - Tinted windshield and sides w/50% transmittance gray, tinted rear window $ 50.00 $ - Bright finish hood intake 1 $ 16.00 $ 16.00 Bright finish bars with surround grille 1 $ 240.00 $ 240.00 Bright finish grille $ 32.00 $ - Bullet type chrome marker & clearance lights $ 75.00 $ - Led type marker & clearance lights 1 $ 75.00 $ 75.00 RH tool box mounted on frame rail $ 221.00 $ - Heated convex mirrors $ 34.00 $ - Electronic keyless entry $ 130.00 $ - Bright finish RH fender mirror $ 67.00 $ - Bus style 1/4 round black finish fender mirrors $ 191.00 $ - 12.55 12.56 12.57 12.58 13 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 Stainless steel exterior sun visor $ 247.00 $ - Bright Finish hood latches $ 89.00 $ - 10" round bright finish heated fender mirrors 1 $ 234.00 $ 234.00 Rect convex mirror above RH driver door window $ 23.00 $ - CAB INTERIOR OPTIONS: Medium grade interior trim package $ - $ - $ - Sandstone Color with woodgrain instrument panel $ 292.00 $ - Sandstone Color with brushed metallic instrument panel $ 292.00 $ - Slate Gray Color with woodgrain instrument panel $ 292.00 - Slate Gray Color with brushed metallic instrument panel 1 $ 292.00 $ 292.00 Premium grade interior trim package includes power window and locks in package $ _ Sandstone Color with woodgrain instrument panel $ 1,087.00 $ - Sandstone Color with brushed metallic instrument panel $ 1,087.00 $ - Slate Gray Color with woodgrain instrument panel $ 1,087.00 $ - Slate Gray Color with brushed metallic instrument panel $ 1,087.00 $ - Round universal gauge package 1 STD Power window, passenger side $ 158.00 $ - Power window/both passenger and driver window 1 $ 325.00 $ 325.00 O.E.M factory installed, AM/FM Premium stereo, CD -Player, Weatherboard, Handfree interface, Bluetooth 1 STD O.E.M factory installed, AM/FM Premium stereo, CD -Player, Weatherband, Handfree interface, Bluetooth, Sirius/XM Satellite $ 157.00 $ - Radio accommodation package includes antenna, power supply and two speakers (No radio) $ (175.00) $ - O.E.M factory installed, AM/FM stereo, MP3, Weatherband, Handfree interface, Bluetooth $ (45.00) $ - O.E.M factory installed, air conditioning 1 STD Cab mounted non-resettable hour meter $ - Dash mounted air cleaner air restriction gauge - (Display in Co -Pilot only) 1 STD Transmission temp gauges 1 STD Windshield defroster fan w/switch dash mounted $ 87.00 $ - Between seats mounted console $ 308.00 $ - Transmission oil sensor (check & fill) 1 STD CB hot jacks dash mounted $ 13.00 $ - Tilt & telescope steering wheel 1 STD Tilt steering wheel $ - Self canceling turn signals 1 STD List seating options for driver and passenger seats. Use as many options as you need to offer seat variations customers have been buying. Bostrom Talladega 915 Hi -Back air driver seat $ 26.00 $ - $ - os rom Talladega 915 wide ride Hi -Back air driver with chamber air lumbar $ 181.00 $ - os rom Talladega 915 Hi-Backair driver seat and air lumbar support $ 137.00 $ - 13.32 13.33 13.34 13.35 13.36 13.37 13.38 13.39 13.40 13.41 13.42 13.43 13.44 13.45 13.46 13.47 13.48 13.49 13.50 13.51 13.52 13.53 13.54 13.55 13.56 13.57 13.58 13.59 13.60 13.61 13.62 13.63 13.64 13.65 13.66 Air -Sears Atlas 70 hi -back driver seat $ 246.00 Air -Sears Atlas 70 hi-backriver sea"Premium comfort with height adj. Air lumbar $ 301.00 Air -Sears Atlas 80 hi -back driver seat 4 chamber air lumbar 1 $ 374.00 National 2000 hi -back air driver seat - single chamber air lumbar, 2 position front cushion adjustable $ 104.00 National hi -back air driver sea - three chamber air um ar, position front cushion adjustable front cushion with adjustable rear cushion $ 199.00 Mack fixed rider seat mid -back with integral storage compartment $ 82.00 Mack fixed rider seat hi -back with integral storage compartment $ 106.00 Extended non suspension rider seat with seat belts (2) $ 101.00 Mack fixed hi -back rider seat $ 44.00 Bostrom Talladega 90OR mid -back non suspension rider seat $ 74.00 Bostrom Talladega 90OR hi -back non suspension rider seat $ 95.00 Bostrom Talladega 915 mid back air rider seat $ 200.00 Bostrom Talladega 915 hi -back air rider seat 1 $ 297.00 Bostrom Talladega 915 hi -back air rider seat with air lumbar $ 297.00 National 2000 mid -back air rider seat $ 214.00 National 2000 hi -back air rider seat $ 250.00 Omit rider seat $ (40.00) Inboard mounted driver arm rest 1 $ _ Inboard mounted rider arm rest - Air Ride Seat Only 1 $ _ Cloth with vinyl driver & rider seat 1 $ _ Driver seat dust cover 1 $ _ Passenger seat dust cover - Not Available with fix passenger seat $ _ All ultra leather drive and ride set $ 95.00 Orange driver & rider seat belt 1 $ 76.00 Light & buzzer for seat belt 1 $ 35.00 Push button type starter $ 13.00 Diagonal grab handle on inside of driver door 1 $ 35.00 Co-pilot driver display (enhanced 4.5" diagonal graphic LCD display w/4-button stalk control - includes guard dog routine maintenance monitoring 1 STD Roadwatch ambient air temp gauge for outside and roa emps - requires aero-dynamic mirrors $ 648.00 Roadwatch ambient air temp gauge for outside and road temps without display - includes cable to D panel with 6" extra wire $ 967.00 Roadwatch ambient air temp gauge for outside and road temps with display on dash panel $ 1,081.00 51b fire extinguisher between LH seat base and door with valve aimed rearward 1 $ 66.00 Reflector kit parallel to inside of rider base seat 1 $ 27.00 Air conditioning blend air HVAC with ATC temp regulation $ 81.00 Air conditioning blend air HVAC with ATC temp regulation & APADS $ 226.00 $ 374.00 $ 297.00 $ 76.00 $ 35.00 $ 35.00 $ 66.00 $ 27.00 i61[:111 13.68 13.69 13.70 13.71 13.72 13.73 13.74 13.75 13.76 13.77 13.78 13.79 13.80 13.81 14 14.10 14.20 14.30 14.40 14.50 14.60 14.70 14.80 14.90 14.10 14.11 14.12 14.13 IEMEH 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 Air conditioning with air conditioning protection & diagnostic system (APADS) $ 132.00 $ - Cab cleanout - includes in cab pneumatic line $ 46.00 $ - 40 Channel CB Radio, 10 channel weather 1 $ 205.00 $ 205.00 48" Radio antenna right side mirror mounted $ 4.00 $ - 48"CB Antenna left side mirror mounted 1 $ 38.00 $ 38.00 CB hot jacks mounted on the dash and in header console $ 17.00 $ - CB mounting in console & external speakers $ 107.00 $ - Auto shutoff for radio when truck is in reverse 1 $ 47.00 $ 47.00 Exhaust pyrometer & transmission oil temperature gauges STD Exhaust pyrometer, transmission oil temperature, manitold pressure and air application gauges 1 $ 75.00 $ 75.00 Exhaust pyrometer, transmission oil temperature, manitold pressure and air application gauges, Air Suspension $ 100.00 $ - Rear Axle temperature gauge $ 91.00 $ - Red floor lighting w/switch plus (4) door lamps w/switches $ 103.00 $ Interior storage console mounted on floor between seats w volt power outlet $ 308.00 $ - Bodybuilder interior console mounted to floor between seats $ 209.00 $ - MN/DOT OPTIONS: Additional warranty coverage per spec 12.9 $ - $ - Engine Plan 1 60 months 2bU,UUU miles $ 1,200.00 - Engine Plan 1 72 months 250,000 miles $ 2,200.00 $ - Engine Plan 1 84 months 250,000 miles $ 2,520.00 $ - Engine Plan 1 60 months 250,000 miles - HP over 460 horses $ 2,000.00 $ - Engine Plan 1 72 months 250,000 miles - HP over 460 horses $ 3,300.00 $ - Engine Plan 1 84 months 250,000 miles - HP over 460 horses $ 3,800.00 $ - Engine Plan 2 60 months 250,000 miles $ 1,900.00 $ - Engine Plan 2 72 months 250,000 miles $ 3,800.00 $ - Engine Plan 2 84 months 250,000 miles $ 4,300.00 $ - Engine Plan 2 60 months 250,000 miles - HP over 460 horses $ 2,950.00 $ - Engine Plan 2 72 months 250,000 miles - HP over 460 horses $ 5,675.00 $ - Engine Plan 2 84 months 250,000 miles - HP over 460 horses $ 6,450.00 $ - Engine after -treatment systems (EATS) 60 months 250,000 miles $ 675.00 $ - Engine after -treatment systems (EATS) 72 months 250,000 miles $ 825.00 $ - Engine after -treatment systems (EATS) 84 months 250,000 miles $ 950.00 $ - M-Drive Transmission 48 months 500,000 miles $ 971.00 $ - M-Drive Transmission 60 months 500,000 miles $ 2,067.00 $ - M-Drive HD Transmission 48 months 250,000 miles $ 775.00 $ - M-Drive HD Transmission 60 months 250,000 miles $ 1,150.00 $ - M-Drive Clutch 48 months 250,000 $ 395.00 $ - M-Drive Clutch 60 months 250,000 $ 695.00 $ - HVAC (Air Conditioning) 60 months $ 600.00 $ - Starter 60 months 300,000 miles $ 203.00 $ - 14.25 14.26 14.27 14.28 15 15.1 15.2 15.3 15.4 15.5 16 16.1 16.3 16.4 17 17.1 17.2 18 18.1 18.2 18.3 19 19.1 19.2 20 20.1 20.2 20.3 20.4 20.5 Alternator 60 months 300,000 miles $ 231.00 $ - Starter & Alternator 60 months 300,000 miles $ 315.00 $ For Prebuild and Pilot meets See RFP special Terms and conditions Prebuild specification meeting (per person) to be held in St. Paul/Minneapolis area. Pilot inspection meeting (per person). TRAILER TOW OPTIONS: Trailer tow package extended to rear of frame $ $ $ 1.00 900.00 317.00 $ - $ - $ - $ - $ - Trailer package extend to rear of frame per Spec 12.12 $ 417.00 $ - Single 7 pin SAE type, end of frame 1 $ 117.00 $ 117.00 Dual 7 pins standard SAE type, end of frame (1) for trailer with electric brakes, (1) for trailer with air brakes $ 158.00 $ - Hand control valve for trailer brakes $ 47.00 $ - MANUALS / INTEREST FEE: Percent interest per month (non -compounding) on unpaid cab & chassis balance. Applies only to CPV Members. (Payable after trade- in is delivered to vendor). Percentage/per month. SEE Special Terms and Conditions re interest to State agencies. Manuals in CD form, parts repair and service, per set Premium Tech Tool Delivery Charges: Price per loaded mile List starting point Roseville, MN 55113 Maintenance /Body Shop Repair Rate Rate for initial Inspection/Diagnostics Rate for Mechanical Work Rate for Body Work Quantity Discounts: Enter the number of units that must be purchased and the corresponding discount offered to the purchaser. More than one quantity discount may be entered. Next Model Year Upcharges Enter the following Production Model Year here »»»»> Percentage Upcharge for the following Model Year: 2023MY Percentage Upcharge for the following Model Year: 2024MY 2023MY Shipping Surcharge 2023MY Material Surcharges 2024MY Material Surcharge 1 1 1 1 1 $ $ $ $ $ $ $ $ $ $ 1.50 500.00 3,800.00 2.00 167.00 167.00 167.00 2024 1.50% 1.50% 250.00 7,500.00 4,000.00 $ - $ - $ - $ _ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,647.95 $ 1,647.95 $ 250.00 $ 7,500.00 $ 4,000.00 20.x 2025MY Estimated Price Increase Total Cost: $ 124,908.89 1 15.00%1 $ 18,736.33 Total Cost: $ 143,645.22 CONSENT ITEM — 3C 'It EN HILLS MEMORANDUM DATE: December 19, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Agency Agreement for Federal Participation in Construction with MnDOT Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Resolution 2022-059, to Approve Agency Agreement with the Minnesota Department of Transportation for Federal Participation in Construction. Background/Discussion At the January 8, 2018 Council Meeting, the Council passed Resolution 2018-003 approving the Agency Agreement for the Delegated Contract Process (DCP) for federal funding. It allows MnDOT to act as the City's agent in acceptance of federal funding. This is a routine update to the Delegated Contract Process (DCP) agreements between MnDOT and local public agencies (LPAs) eligible to receive federal funds. Entering into this contract with MnDOT allows a faster response on certain interactions between the City of Arden Hills and MnDOT. Staff recommends the City Council adopt Resolution 2022-059 Approving the Agency Agreement with the Minnesota Department of Transportation. Budget Impact N/A Attachments Attachment A: Agency Agreement for Federal Participation in Construction Attachment B: Resolution 2022-059 Page 1 of 1 MnDOT Contract No. 1052085 1 DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA AGENCY AGREEMENT for Attachment A FEDERAL PARTICIPATION IN CONSTRUCTION This Agreement is entered into by and between City of Arden Hills ("Local Government") and the State of Minnesota acting through its Commissioner of Transportation ("MnDOT"). RECIT 1. Pursuant to Minnesota Statutes Section 161.36, the Local Government desires MnDOT to act as the Local Government's agent in accepting federal funds on the Local Government's behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by Federal Highway Administration ("FHWA") federal funds, hereinafter referred to as the "Project(s)"; and 2. This Agreement is intended to cover all federal aid projects initiated by the Local Government and therefore has no specific State Project number associated with it, and 2.1. The Assistance Listing Number (ALN) is 20.205, 20.224, 20.933 or another Department of Transportation ALN as listed on SAM.gov and 2.2. This project is for construction, not research and development. 2.3. MnDOT requires that the terms and conditions of this agency be set forth in an agreement. AGREEMENT TERMS Term of Agreement; Prior Agreement 1.1. Effective Date. This Agreement will be effective on the date that MnDOT obtains all required signatures under Minn. Stat. §16C.05, Subd. 2. This Agreement will remain effective until it is superseded or terminated pursuant to section 14. 1.2. Prior Agreement. This Agreement supersedes the prior agreement between the parties, MnDOT Contract Number 1029916. 2. Local Government's Duties 2.1. Designation. The Local Government designates MnDOT to act as its agent in accepting federal funds on its behalf made available for the Project(s). Details on the required processes and procedures are available on the State Aid Website. 2.2. Staffing. 2.2.1. The Local Government will furnish and assign a publicly employed and licensed engineer, ("Project Engineer"), to be in responsible charge of the Project(s) and to supervise and direct the work to be performed under any construction contract let for the Project(s). In the alternative, where the Local Government elects to use a private consultant for construction engineering services, the Local Government will provide a qualified, full-time public employee of the Local Government to be in responsible charge of the Project(s). The services of the Local Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This Updated November 7, 2022 MnDOT Contract No. 1052085 written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. 2.2.2. During the progress of the work on the Project(s), the Local Government authorizes its Project Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement, then the Local Government will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co- principal with respect to the Project(s). 2.3. Pre -letting. The Local Government will prepare construction contracts in accordance with Minnesota law and applicable Federal laws and regulations. 2.3.1. The Local Government will solicit bids after obtaining written notification from MnDOT that the FHWA has authorized the Project(s). Any Project(s) advertised prior to authorization without permission will not be eligible for federal reimbursement. 2.3.2. The Local Government will prepare the Proposal for Highway Construction for the construction contract, which will include all federal -aid provisions supplied by MnDOT. 2.3.3. The Local Government will prepare and publish the bid solicitation for the Project(s) as required by state and federal laws. The Local Government will include in the solicitation the required language for federal -aid construction contracts as supplied by MnDOT. The solicitation will state where the proposals, plans, and specifications are available for the inspection of prospective bidders and where the Local Government will receive the sealed bids. 2.3.4. The Local Government may not include other work in the construction contract for the authorized Project(s) without obtaining prior notification from MnDOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project(s). All work included in a federal contract is subject to the same federal requirements as the federal project. 2.3.5. The Local Government will prepare and sell the plan and proposal packages and prepare and distribute any addenda, if needed. 2.3.6. The Local Government will receive and open bids. 2.3.7. After the bids are opened, the Local Government will consider the bids and will award the bid to the lowest responsible bidder or reject all bids. If the construction contract contains a goal for Disadvantaged Business Enterprises (DBEs), the Local Government will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the MnDOT Office of Civil Rights. 2.3.8. The Local Government must disclose in writing any potential conflict of interest to the Federal awarding agency or MnDOT in accordance with applicable FHWA policy. 2.4. Contract Administration. 2.4.1. The Local Government will prepare and execute a construction contract with the lowest responsible bidder, hereinafter referred to as the "Contractor," in accordance with the special provisions and the latest edition of MnDOT's Standard Specifications for Construction when the contract is awarded and all amendments thereto. All contracts between the Local Government and third parties or subcontractors must contain all applicable provisions of this Agreement, including the applicable 2 MnDOT Contract No. 1052085 federal contract clauses, which are identified in Appendix II of 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and as identified in Section 18 of this Agreement. 2.4.2. The Project(s) will be constructed in accordance with the plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of MnDOT Standard Specifications for Highway Construction and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the Local Government Engineer's Office. The plans, special provisions, and specifications are incorporated into this Agreement by reference as though fully set forth herein. 2.4.3. The Local Government will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project(s). The services of the Local Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. 2.4.4. The Local Government will document quantities in accordance with the guidelines set forth in the Construction Section of the Electronic State Aid Manual that are in effect at the time the work was performed. 2.4.5. The Local Government will test materials in accordance with the Schedule of Materials Control in effect at the time each Project was let. The Local Government will notify MnDOT when work is in progress on the Project(s) that requires observation by the Independent Assurance Inspector, as required by the Independent Assurance Schedule. 2.4.6. The Local Government may make changes in the plans or the character of the work, as may be necessary to complete the Project(s), and may enter into Change Order(s) with the Contractor. The Local Government will not be reimbursed for any costs of any work performed under a change order unless MnDOT has notified the Local Government that the subject work is eligible for federal funds and sufficient federal funds are available. 2.4.7. The Local Government will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2.4.8. The Local Government will prepare reports, keep records, and perform work so as to meet federal requirements and to enable MnDOT to collect the federal aid sought by the Local Government. Required reports are listed in the MnDOT State Aid Manual, Delegated Contract Process Checklist, available from MnDOT's authorized representative. The Local Government will retain all records and reports and allow MnDOT or the FHWA access to such records and reports for six years. 2.4.9. Upon completion of the Project(s), the Project Engineer will determine whether the work will be accepted. 2.5. Limitations. 2.5.1. The Local Government will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2.5.2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate MnDOT Contract No. 1052085 for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the Local Government to carry out the above requirements. 2.5.3. Utilities. The Local Government will treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with 23 CFR 645 "Utilities", which is incorporated herein by reference. 2.6. Maintenance. The Local Government assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. 3. MnDOT's Duties 3.1. Acceptance. MnDOT accepts designation as Agent of the Local Government for the receipt and disbursement of federal funds and will act in accordance herewith. 3.2. Project Activities. 3.2.1. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project(s) and for reimbursement of eligible costs pursuant to the terms of this Agreement. 3.2.2. MnDOT will provide to the Local Government copies of the required Federal -aid clauses to be included in the bid solicitation and will provide the required Federal -aid provisions to be included in the Proposal for Highway Construction. 3.2.3. MnDOT will review and certifythe DBE participation and notify the Local Government when certification is complete. If certification of DBE participation (or good faith efforts to achieve such participation) cannot be obtained, then Local Government must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the Project becoming ineligible for federal assistance, and the Local Government must make up any shortfall. 3.2.4. MnDOT will provide the required labor postings. 3.3. Authority. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project(s) was not completed in compliance with federal requirements. 3.4. Inspection. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this Agreement. The Local Government will make all books, records, and documents pertaining to the work hereunder available for a minimum of six years following the closing of the construction contract. 4. Time 4.1. The Local Government must comply with all time requirements described in this Agreement. In the performance of this Agreement, time is of the essence. 4.2. The period of performance is defined as beginning on the date of federal authorization and ending on the date defined in the federal financial system or federal agreement ("end date"). No work completed after the end date will be eligible for federal funding. Local Government must submit all contract close out paperwork to MnDOT at least twenty-four months prior to the end date. 4 MnDOT Contract No. 1052085 Payment 5.1. Cost. The entire cost of the Project(s) is to be paid from federal funds made available by the FHWA and by other funds provided by the Local Government. The Local Government will pay any part of the cost or expense of the Project(s) that is not paid by federal funds. MnDOT will receive the federal funds to be paid by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. MnDOT will reimburse the Local Government, from said federal funds made available to each Project, for each partial payment request, subject to the availability and limits of those funds. 5.2. Indirect Cost Rate Proposal/Cost Allocation Plan. If the Local Government seeks reimbursement for indirect costs and has submitted to MnDOT an indirect cost rate proposal or a cost allocation plan, the rate proposed will be used on a provisional basis. At any time during the period of performance or the final audit of a Project, MnDOT may audit and adjust the indirect cost rate according to the cost principles in 2 CFR Part 200. MnDOT may adjust associated reimbursements accordingly. 5.3. Reimbursement. The Local Government will prepare partial estimates in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following certification of the partial estimate, the Local Government will make partial payments to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.3.1. Following certification of the partial estimate, the Local Government may request reimbursement for costs eligible for federal funds. The Local Government's request will be made to MnDOT and will include a copy of the certified partial estimate. 5.3.2. Upon completion of the Project(s), the Local Government will prepare a final estimate in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify the final estimate. Following certification of the final estimate, the Local Government will make the final payment to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.3.3. Following certification of the final estimate, the Local Government may request reimbursement for costs eligible for federal funds. The Local Government's request will be made to MnDOT and will include a copy of the certified final estimate along with the required records. 5.3.4. Upon completion of the Project(s), MnDOT will perform a final inspection and verify the federal and state eligibility of all payment requests. If the Project is found to have been completed in accordance with the plans and specifications, MnDOT will promptly release any remaining federal funds due the Local Government for the Project(s). If MnDOT finds that the Local Government has been overpaid, the Local Government must promptly return any excess funds. 5.3.5. In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the Local Government may continue the work with local funds only, until such time as MnDOT is able to process the federal aid reimbursement requests. 5.4. Matching Funds. Any cost sharing or matching funds required of the Local Government in this Agreement must comply with 2 CFR 200.306. 5.5. Federal Funds. Payments under this Agreement will be made from federal funds. The Local Government is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for failure to comply with any federal requirements including, but not limited to, 2 CFR Part 200. If, for any reason, the federal government fails to pay part of the cost or expense incurred by the Local Government, or in the event the total amount of federal funds is not available, the Local Government will be responsible for any and all costs or expenses incurred under this Agreement. The Local Government further MnDOT Contract No. 1052085 agrees to pay any and all lawful claims arising out of or incidental to the performance of the work covered by this Agreement in the event the federal government does not pay the same. 5.6. Closeout. The Local Government must liquidate all obligations incurred under this Agreement for each Project and submit all financial, performance, and other reports as required by the terms of this Agreement and the Federal award at least twenty-four months prior to the end date of the period of performance for each Project. MnDOT will determine, at its sole discretion, whether a closeout audit is required prior to final payment approval. If a closeout audit is required, final payment will be held until the audit has been completed. Monitoring of any capital assets acquired with funds will continue following project closeout. 6. Conditions of Payment. All services provided by Local Government under this Agreement must be performed to MnDOT's satisfaction, as determined at the sole discretion of MnDOT's Authorized Representative, and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Local Government will not receive payment for work found by MnDOT to be unsatisfactory or performed in violation of federal, state, or local law. 7. Authorized Representatives 7.1. MnDOT's Authorized Representative is: Name: Kristine Elwood, or her successor. Title: State Aid Engineer Phone: 651-366-4831 Email: Kristine.elwood@state.mn.us MnDOT's Authorized Representative has the responsibility to monitor Local Government's performance and the authority to accept the services provided under this Agreement. If the services are satisfactory, MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment. 7.2. The Local Government's Authorized Representative is: Name: David Swearingen or their successor. Title: Arden Hills City Engineer Phone: 651-792-7846 Email: dswearingen@cityofardenhills.org If the Local Government's Authorized Representative changes at any time during this Agreement, the Local Government will immediately notify MnDOT. 8. Assignment Amendments, Waiver, and Agreement Complete 8.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 8.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 8.3. Waiver. If MnDOT fails to enforce any provision of this Agreement, that failure does not waive the provision or MnDOT's right to subsequently enforce it. 8.4. Agreement Complete. This Agreement contains all negotiations and agreements between MnDOT and the 0 MnDOT Contract No. 1052085 Local Government. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8.5. Severability. If any provision of this Agreement, or the application thereof, is found to be invalid or unenforceable to any extent, the remainder of the Agreement, including all material provisions and the application of such provisions, will not be affected and will be enforceable to the greatest extent permitted by the law. 8.6. Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records. 8.7. Certification. By signing this Agreement, the Local Government certifies that it is not suspended or debarred from receiving federal or state awards. Liability and Claims 9.1. Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. 9.2. Claims. The Local Government acknowledges that MnDOT is acting only as the Local Government's agent for acceptance and disbursement of federal funds, and not as a principal or co -principal with respect to the Project. The Local Government will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. To the extent permitted by law, the Local Government will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The Local Government's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by MnDOT. 10. Audits 10.1. Under Minn. Stat. § 16C.05, Subd.S, the books, records, documents, and accounting procedures and practices of the Local Government, or any other party relevant to this Agreement or transaction, are subject to examination by MnDOT and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. The Local Government will take timely and appropriate action on all deficiencies identified by an audit. 10.2. All requests for reimbursement are subject to audit, at MnDOT's discretion. The cost principles outlined in 2 CFR 200.400-.476 will be used to determine whether costs are eligible for reimbursement under this Agreement. 10.3. If Local Government expends $750,000 or more in Federal Funds during the Local Government's fiscal year, the Local Government must have a single audit or program specific audit conducted in accordance with 2 CFR Part 200. 11. Government Data Practices. The Local Government and MnDOT must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by MnDOT under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Local Government or MnDOT. 12. Workers Compensation. The Local Government certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers' compensation insurance coverage. The Local Government's employees and agents will 7 MnDOT Contract No. 1052085 not be considered MnDOT employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way MnDOT's obligation or responsibility. 13. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination; Suspension 14.1. Termination by MnDOT. MnDOT may terminate this Agreement with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2. Termination for Cause. MnDOT may immediately terminate this Agreement if MnDOT finds that there has been a failure to comply with the provisions of this Agreement, that reasonable progress has not been made, that fraudulent or wasteful activity has occurred, that the Local Government has been convicted of a criminal offense relating to a state agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled. MnDOT may take action to protect the interests of MnDOT of Minnesota, including the refusal to disburse additional funds and/or requiring the return of all or part of the funds already disbursed. 14.3. Termination for Insufficient Funding. MnDOT may immediately terminate this Agreement if: 14.3.1. It does not obtain funding from the Minnesota Legislature; or 14.3.2. If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Local Government. MnDOT is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. MnDOT will not be assessed any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. MnDOT will provide the Local Government notice of the lack of funding within a reasonable time of MnDOT's receiving that notice. 14.4. Suspension. MnDOT may immediately suspend this Agreement in the event of a total or partial government shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Local Government during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. 15. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Local Government consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to MnDOT, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 16. Fund Use Prohibited. The Local Government will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Local Government from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government's contract award on this Project. W MnDOT Contract No. 1052085 17. Discrimination Prohibited by Minnesota Statutes §181.59. The Local Government will comply with the provisions of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or any other person authorized to contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement. 18. Federal Contract Clauses 18.1. Appendix II 2 CFR Part 200. The Local Government agrees to comply with the following federal requirements as identified in 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and agrees to pass through these requirements to its subcontractors and third -party contractors, as applicable. In addition, the Local Government shall have the same meaning as "Contractor" in the federal requirements listed below. 18.1.1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 18.1.2. All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be effected and the basis for settlement. 18.1.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 18.1.4. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision 0 MnDOT Contract No. 1052085 for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. 18.1.5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 18.1.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 18.1.7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 18.1.8. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 18.1.9. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must 10 MnDOT Contract No. 1052085 also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 18.1.10. Local Government will comply with 2 CFR § 200.323. 18.1.11. Local Government will comply with 2 CFR § 200.216. 18.1.12. Local Government will comply with 2 CFR § 200.322. 18.2. Drug -Free Workplace. The Local Government will comply with the Drug -Free Workplace requirements under subpart B of 49 C.F.R. Part 32. 18.3. Title VI/Non-discrimination Assurances. The Local Government hereby agrees that, as a condition of receiving any Federal financial assistance under this Agreement, it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. § 2000d), related nondiscrimination statutes (i.e., 23 U.S.C. § 324, Section 504 of the Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, sex, disability, or age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the Local Government receives Federal financial assistance. The Local Government hereby agrees to comply with all applicable US DOT Standard Title VI/Non- Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs- public.dot.state.mn.us/edocs public/DMResultSet/download?docld=11149035. If federal funds are included in any contract, the Local Government will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. State may conduct a review of the Local Government's compliance with this provision. The Local Government must cooperate with State throughout the review process by supplying all requested information and documentation to State, making Local Government staff and officials available for meetings as requested, and correcting any areas of non- compliance as determined by State. 18.4. Buy America. The Local Government must comply with the Buy America domestic preferences contained in the Build America, Buy America Act (Sections 70901-52 of the Infrastructure Investment and Jobs Act, Public Law 117-58) and as implemented by US DOT operating agencies. 18.5. Federal Funding Accountability and Transparency Act (FFATA) 18.5.1. This Agreement requires the Local Government to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The Local Government is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the Local Government provides information to the MnDOT as required. Reporting of Total Compensation of the Local Government's Executives. The Local Government shall report the names and total compensation of each of its five most highly compensated executives for the Local Government's preceding completed fiscal year, if in the Local Government's preceding fiscal year it received: 80 percent or more of the Local Government's annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and 11 MnDOT Contract No. 1052085 iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at https://www.sec.gov/answers/execomp.htm). Executive means officers, managing partners, or any other employees in management positions. Total compensation means the cash and noncash dollar value earned by the executive during the Local Government's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above -market earnings on deferred compensation which is not tax qualified. 18.5.2. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 18.5.3. The Local Government must report executive total compensation described above to the MnDOT by the end of the month during which this Agreement is awarded. 18.5.4. The Local Government will obtain a Unique Entity Identifier number and maintain this number for the term of this Agreement. This number shall be provided to MnDOT on the plan review checklist submitted with the plans for each Project. 18.5.5. The Local Government's failure to comply with the above requirements is a material breach of this Agreement for which the MnDOT may terminate this Agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice received from the Local Government unless and until the Local Government is in full compliance with the above requirements. [THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK.] 12 MnDOT Contract No. 1052085 City of Arden Hills Local Government certifies that the appropriate DEPARTMENT OF TRANSPORTATION person(s) have executed the contract on behalf of the Local Government as required by applicable articles, bylaws, resolutions or ordinances. By: Title Date: By Title Date: 13 By: Title: Date: COMMISSIONER OF ADMINISTRATION By: Date: Attachment B -AI1��EN'HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2022-059 RESOLUTION APPROVING AN AGENCY AGREEMENT AUTHORIZING THE DELEGATED CONTRACT PROCESS FOR FEDERAL AID PROJECTS BE IT RESOLVED, That pursuant to Minnesota Statute Section 161.36, the Commissioner of Transportation be appointed as Agent of the City of Arden Hills to accept as its agent, federal aid funds which may be made available for eligible transportation related projects; and BE IT FURTHER RESOLVED That the Mayor and the City Administrator are hereby authorized and directed for and on behalf of the local agency to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 1052085", a copy of which said agreement was before the City Council and which is made a part hereof by reference. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 19TH DAY OF DECEMBER 2022. DAVID GRANT, MAYOR ATTEST: JULIE HANSON, CITY CLERK To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage NEW BUSINESS — 6A ,`iRZEN HILLS MEMORANDUM DATE: December 19, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #22-023 — Public Hearing Required Applicant: Arden Hills RE, LLC on behalf of New Perspective Senior Living Property Location: 3565 Pine Tree Drive Request: Planned Unit Development Amendment Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider the Following: The Applicant has requested the City table the application review of their PUD Amendment request in order to allow additional time for further evaluation of proposed signage based on the discussion that occurred at the Planning Commission meeting. A verbal update will be provided at the Special Regular City Council meeting. Motions to table the following: • Table Planning Case 22-023 for a Planned Unit Development Amendment at 3565 Pine Tree Drive based upon the written request of the Applicant in order to allow sufficient time for further review of their proposed signage plan based upon the Planning Commission feedback. Page 1 of 1