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HomeMy WebLinkAbout03-13-23-RMayor: David Grant lt Councilmembers: -AEN HILLS Brenda Holden Emily Rousseau Regular City Council Tena Monson Tom Fabel Agenda March 13, 2023 7:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651-792-7800 Website: www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long-standing tradition as a desirable City in which to live, work, and play. This meeting can be accessed remotely by joining via Zoom (see Public Inquiries/Informational below for instructions) This meeting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. APPROVAL OF AGENDA 2. PUBLIC INQUIRIES/INFORMATIONAL Members of the public are invited to remotely monitor the City Council meeting via Zoom using the below link. Members are also welcome to provide public comments during this section of the agenda via Zoom. Members wishing to provide public comment must use the "raise hand" feature in Zoom to identify themselves as wanting to make a public comment and will be called upon to provide their public comment during this portion of the agenda. Those that speak must state their name and address for the record. HTTPS://US02WEB.ZOOM.US/J/88958621626 *Please make sure you have the most up-to-date version of Zoom to participate in the meeting* This is an opportunity for citizens to bring to the Council's attention any items which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. To facilitate a timely meeting, a speaker that is repeating, or agreeing with, a previous comment should simply state such and forego a longer comment. If a large number of citizens wish to speak, the Mayor may shorten the individual comment period. Written documents may be distributed to the Council prior to the start of the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council Meeting. 3. RESPONSE TO PUBLIC INQUIRIES 4. PUBLIC PRESENTATIONS 4.A. Twin Cities Chamber North Updates John Connelly, President Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 5. STAFF COMMENTS 5.A. TCAAP/Rice Creek Commons Update Dave Perrault, City Administrator Documents: MEMO.PDF 6. APPROVAL OF MINUTES 6.A. February 13, 2023 Regular City Council Documents: 02-13-23-R.PDF 6.B. February 21, 2023 City Council Work Session Documents: 02-21-23-WS.PDF 6.C. March 7, 2023 Special City Council Documents: 03-07-23-SR.PDF 7. 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. 7.A. Motion To Approve Claims And Payroll Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst Documents: MEMO.PDF 7.B. Motion To Approve Resolution 2023-008 Affirming Allocation Of American Rescue Plan Act (ARPA) Revenues Gayle Bauman, Finance Director Documents: MEMO.PDF ATTACHMENT A.PDF 7.C. Motion To Approve Appointment Of Senior Planner Dave Perrault, City Administrator Documents: MEMO.PDF 7.D. Motion To Approve Personnel Policy Update Pertaining To Paid Parenting Leave Language Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 7.E. Motion To Approve Resolution 2023-009 - State Of MN Bureau Of Criminal Apprehension Joint Powers Agreement And Court Data Services Subscriber Agreement Amendment Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF 75. Motion To Approve Resolution 2023-010 Appointing Nancy Jacobson To The Parks, Trails And Recreation Committee (PTRC) Matt Johnson, Recreation Supervisor Documents: MEMO.PDF ATTACHMENT A.PDF 7.G. Motion To Approve Payment No. 1 - Margolis - Tree Planting David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 7.H. Motion To Approve Payment No. 2-Astech Corp. - Arden Oaks Neighborhood Improvements Project David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 7.1. Motion To Approve Purchase Of 2023 Bobcat Toolcat And Snowblower Attachment David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 7.J. Motion To Approve Resolution 2023-011 Ordering Preparation Of Feasibility Report - 2024 PMP David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF 7.K. Motion To Approve Resolution 2023-012 Relating To No Mow May For Arden Hills Residents And Businesses Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 8. 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. 9. PUBLIC HEARINGS 10. NEW BUSINESS 11. UNFINISHED BUSINESS 12. COUNCIL/STAFF COMMENTS ADJOURN PUBLIC PRESENTATION - 4A ,-ARZEN HILLS MEMORANDUM DATE: March 13, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: John Connelly, President of Twin Cities North Chamber of Commerce - Update Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Background/Discussion John Connelly, Twin Cities North Chamber of Commerce President, will be at the March 13, 2023 City Council meeting to provide an update and answer questions. Discussion N/A Budget Impact N/A Atttnehmentc Attachment A: PowerPoint Presentation Attachment B: Manufacturing Cohort Page 1 of 1 Attachment A Q 0 Ln N m z 0 U 0 U O _0 a--+ c f6 L .� _0 =3 •c C- UO (1) =5 > O OTC C6 > `� O bn a--+ E n , W (U U Ln � _0z > m° O E Q) E N - a--+ Ln N O U C�0 U f6 mO W . v LL v i 4-j OLf) v cn cn bn • - dJ c O �- 1 N L 4-a O •U Ln E E N m E Q H — O • • • • U 0 .> U T h A 4--1 L u U W J FO t t .r 11 buo .;J, C6 O O O c/) un c O cn �� V � N u buo O a--+ E O -0 O U a..� c6 � c O -0 O Q ca _0E U a� z N� a� .� E ° Ln t �E > �° Ln _04 o E� .� M N O � 0 w • 0 M, O U m 11 0 cc U E E O ' — cn N L V) U _0 C 'V) C- 0 C6 _0 C6 U f6 " (a)0 O > te-+ a i cn p O V) O V) V) O cn >. +J c6 O O N •� Cti, O J DC � Q� � O_ N Q N p � � c6 II cn N (� � N > cate- cn 0 ' .b.0 J MO •L—�j �O O '� o a 4 O Q Ln L p Ln U C: cn II • I I 4-j cn = N N E U f6 _ i > p •> cn N U Q ca S = 0 0 0 0 Ln 4- O I W � U CL buC �X O � 0 h U O � 0 C- N Q Attachment B Manufacture Commitment Who • Regional Manufacturing • Joining local manufacture businesses thru collaboration- benefit the industry and the individual business • TCN North membership at large • Programing supports an extended connection and value for member business • Members of the workforce in our region • Job creation, career pathway, upskilling programs • Education Community • Connecting/working collaboratively with K12, Tech Colleges and next generation students What • Proposed Mission: Become a catalyst for strengthening community manufacturing - accelerating a transformation into a more efficient and powerful engine of innovation, job creation and economic growth. • Workforce Acquisition, Incumbent Training, Continuous Improvement When • Ongoing effort beginning in December of 2022. CoHort interactions expected to be six to eight times a year. For manufacturing, by manufacturing - the CoHort members set the agenda and frequency of meetings. Where • Regional in proximity, but not necessarily limited by, of the service area of the Twin City North Chamber of Commerce Why • Position our regional manufactures for tomorrow • Connecting/working collaboratively with K12, Tech Colleges and next generation students • Joining local manufacture businesses thru collaboration- benefit the industry and the individual business SPONSORED BY Twin Cities North CHAMBER OF COMMERCE https://www.twincitiesnorth.org/ STAFF COMMENTS — 5A ,-ARZEN HILLS MEMORANDUM DATE: March 13, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Rice Creek Commons (TCAAP) and Joint Development Authority (JDA) Update Budgeted Amount: Actual Amount: Funding Source: A verbal update will be provided at the City Council meeting. Page 1 of 1 DRAFT -AVEN HILLS Approved: March 13, 2023 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING FEBRUARY 13, 2023 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 (attending remotely), Councilmembers Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Dave Swearingen; Community Development Director Jessica Jagoe; Finance Director Gayle Bauman; City Attorney Joel Jamnik; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE Mayor Grant explained because he was attending the meeting remotely he would be turning over the gavel to Mayor Pro Tem Rousseau. 1. APPROVAL OF AGENDA Councilmember Holden requested Items 7G and 7L be pulled from the Consent Agenda for further discussion as Items 8A and 8B. Councilmember Monson requested clarification on agenda Items 1 OB and IOC. Mayor Grant explained agenda Items 1 OB and 1 OC were requested by Councilmember Holden and he worked with City Administrator Perrault to have these items added to the agenda. Councilmember Holden reported she would like clarification on Item IOB, noting there was additional information from the County regarding the roundabout. She would like the Council brought up to date on this information. Councilmember Monson asked why information was not included in the packet prior to the meeting. ARDEN HILLS CITY COUNCILFEBRUARY 13, 2023 2 Councilmember Holden stated that no one on the Council requested anything from her prior to the meeting. Councilmember Fabel reported he requested information from staff regarding Items 1 OB and 1 OC and he was told nothing had been provided. For this reason, he recommended Items IOB and IOC be removed from the agenda and be placed on a future agenda when there was information available for the Council. He noted the Council discussed the roundabout extensively at their last meeting and the roundabout was approved. Councilmember Holden asked who staff contacted for information and which staff member told Councilmember Fabel that no information was available. City Administrator Perrault stated Councilmember Fabel asked him for information on Items 10B and IOC. He was told these items were for discussion purposes and there was no information to prepare at a staff level. Mayor Grant explained he had discussions with Councilmember Monson this afternoon. He reported Items 10B and 10C were discussion items only, there would be no motions. He commented further on the process that is followed to place items on the agenda and clarified again that Councilmember Holden was not looking to make any motions regarding the roundabout or TCAAP. Councilmember Fabel stated City Administrator Perrault would be presenting the TCAAP matter under Staff Comments and therefore he believed there was no reason to have Item IOC on the agenda. He understood the roundabout had been approved and under the rules of order any Councilmember voting against an item was not able to make motions for reconsideration. Councilmember Holden explained she was not seeking reconsideration for the roundabout but rather would like some facts presented to the entire Council. Councilmember Monson commented generally she did not have a problem having a discussion about an item, but stated it was difficult for her to feel prepared for a meeting when she does not have information prior to the meeting. She suggested Items 10B and 10C be considered at the Council work session next week. Councilmember Holden explained the Council has now spent more time discussing these matters than they would have if she was allowed to have them on the agenda as discussion items. Councilmember Fabel stated no witness has been called and staff had no further information on these matters. He recommended these topics be addressed at a subsequent meeting. Mayor Grant encouraged the Council to get beyond this. He explained he did not see any harm in the Council having this discussion item on the agenda. MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended, removing Items 7G and 7L for discussion as Items 8A and 8B. ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 3 AMENDMENT: Councilmember Fabel moved and Councilmember Monson seconded a motion to approve the meeting agenda as amended, removing Items 10B and 10C and having these items placed on a future work session agenda. A roll call vote was taken. The amendment to remove Items 10B and 10C and place them on the work session agenda carried 3-2 (Councilmember Holden and Mayor Grant opposed). A roll call vote was taken. The amended motion carried 3-2 (Councilmember Holden and Mayor Grant opposed). 2. PUBLIC INQUIRIES/INFORMATIONAL Gregg Larson, 3377 North Snelling Avenue, discussed the appointments to the City's committees and commissions. He explained Arden Hills is governed by majority rule and the Mayor presides over meetings and executes documents. Otherwise, the Mayor was an equal among the Council and has one vote. He indicated the City was a democracy and reported the City Council should make recommendations for committee and commission appointments and not the Mayor. He explained the Mayor protested that his appointment privileges were stripped in January, but he didn't have that privilege to begin with. He stated all neighboring communities vest appointment power in the entire Council and not the Mayor. While the Mayor can propose names, the Council has the final determination. He believed it was very undemocratic for the Council to approve appointments in December of 2022. Mr. Larson commented on the Arden Hills representation to the JDA. He stated Mayor Grant and Councilmember Holden have represented the City for the past six years and they have failed to resolve differences with the County despite litigation that cost the City. He indicated Mayor Grant and Councilmember Holden relieved the first two JDA chairs that were appointed and the third chair presided over only a single meeting in 2018. After this time, the County boycotted meetings citing the City was unwilling to compromise on housing density and type. He stated the JDA needed a full reset and this was accomplished and a successful JDA meeting was held for the first time in four years. He reported any significant JDA decisions will still require public notice and full Council action. Mr. Larson explained the behavior and comments by some public members at the January 9 City Council meeting were an embarrassment. He stated the Mayor choose a tactic that falsely labeled the newly elected Councilmembers a coup. He appreciated the fact that the newly elected Councilmembers did not engage in such behavior but rather based their actions on facts. He stated the inconvenient truth was that last fall, Arden Hills residents voted overwhelmingly for change by replacing three incumbents with three new Councilmembers. He understood change was hard and encouraged the Council and residents of Arden Hills to respect the vote of the residents. Linda Swanson, 1124 Ingerson Road, spoke to the Council regarding Councilmember Fabel's comments. She reported she was appalled, angered and insulted by his narcissistic comments made at the recent work session. She stated the residents of Arden Hills were not stupid. She was glad to hear that Councilmember Monson believed the residents were smart enough to be able to figure things out. She expressed concern with how callus Councilmember Fabel was behaving. She noted she has worked in the legal industry for the past 50 years. She stated it does not take an attorney to be all knowledgeable on matters. She indicated the residents have a clear understanding of his comments and he ran a coup. She believed Councilmember Fabel's comments were rude and ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 4 condescending. She believed Councilmember Fabel owed the residents of Arden Hills a heartfelt apology but she did not believe this would happen. Donna Wiemann, 1406 Arden View Drive, stated she was pleased the Council was taking applications for an Arden Hills resident to serve as the JDA Chair. She believed this person should be objective and should take into consideration the TCAAP development would have on the City's roads, traffic and upfront costs. She asked that the selected individual not automatically align him or herself with the "we are all of one mind" mantra. She feared this was the action that would be taken by the new City Councilmembers. She understood that at the February 6 JDA meeting an advisory committee was established and was made up of Councilmember Fabel and County Commissioner Frethem. She stated it was not clear to her if these meetings would be public, but she was hopeful that they would be. Mark Kelliher, 3712 Chatham Court, explained he has been a resident of Arden Hills for the past 30 years. He reported he attended the recent JDA meeting. He described the idea of free ridership and expressed concern with the fact all parties involved in the JDA were recognized for their great efforts except for the previous JDA leadership. He reported the previous leadership was responsible for creating the JDA. He noted the new members on the JDA should have taken the high road and acknowledged these individuals for their efforts. He ended his comments by stating at the JDA meeting he sensed a great deal of excitement. However, as was demonstrated by the freshman Councilmembers with the roundabout, he feared the new Councilmembers would be all too willing to accept anything they are told by the County. He explained he was for the Council not taking the same approach when it comes to the TCAAP development. He did not believe any amount of rushing would make up for the time that has been wasted in the County showing any interest in JDA participation. He stated the Councilmembers representing the City of Arden Hills on the JDA have a fiduciary responsibility to all Arden Hills residents. He encouraged them to not rush to embrace the County at every turn but rather he urged the Council to complete their own research before making decisions. Chris Hughes, 3515 Snelling Avenue North, explained he attended the January Council meeting and he applauded the number of residents in attendance. He indicated he did not applaud everything that came out of the mouths of his fellow citizens. He stated he was the campaign treasurer for the three new Councilmembers. He commented there have been comments in the Council Chambers and on social media that the new Councilmembers received money from Ramsey County and the Met Council, both interested parties in the TCAAP project. He reported this was categorically false. He stated no donations were received from Ramsey County or the Met Council. He indicated he filed multiple campaign financing reports as required and all were public record. He clarified for the record that Councilmember Fabel did not receive a donation from a Ramsey County Commissioner. He explained the attorney who donated to Councilmember Fabel's campaign is not employed by Ramsey County, rather his independent firm was employed by Ramsey County. He reported Councilmember Fabel knows this attorney personally and professionally. He stated Councilmember Fabel received campaign donations from other lawyer friends as well, but this did not mean that Councilmember Fabel supports the clients his lawyer friends represented. He explained Councilmember Fabel was not being bought out by a campaign donation of less than $600. He indicated Councilmember Holden has been on the City Council for the past 20 years, Councilmember Holmes served for 16 years and Mayor Grant has been the Mayor for the past 12 years. He noted these individuals were not able to reach a TCAAP deal during their long tenures. He did not believe this was a coincidence. He believed leaders got things done and did not point fingers but rather leaders figured things out. He finished his comments by stating he was the treasurer for the campaigns, and he finds these Councilmembers to be intelligent, highly ethical and ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 5 willing to serve the best interests of Arden Hills. He did not believe these Councilmembers would bend to the wills of Ramsey County, but rather they were willing to get things done through leadership and should be allowed to govern. Lyle Salmela, 1480 Arden Vista Court, explained he has lived in Arden Hills for the past 35 years. He reported he has worked in the energy and environmental area for the past 60 years. He noted he was on the RAB for TCAAP since 1996 as a member and the Chair. He noted the JDA elected him Chair of the environmental regulation advisory board and thanks to the Council's support the TCAAP Energy Integration Resilience framework document was created. He thanked the former Council for their conservative management of the City. He noted he met with the JDA, the County, Alatus, Xcel and citizens of Arden Hills who all support TCAAP moving forward with a net zero community. He encouraged the City to zone the primer tracer area (62 acres) for sale by the US/GSA in April for a solar array farm and not for other use. He stated this was needed for the micro -grid and as an asset for all of Arden Hills. He encouraged the Council to work as a team to get this done. George Winiecki, 4175 Old State Highway 10, explained he has lived in Arden Hills for the past 74 years. He noted he lives on the old Winiecki farm site and this property has been in his family for the past 113 years. He discussed how the property surrounding his home has changed over the years. He stated he was shocked when he learned about the plans for TCAAP and commented that the City was trying to build a city within a city. He encouraged the Council to consider how much 1500 family units plus retail and commercial would impact the surrounding roadways. He understood this area could be developed but feared the site would become a problem to the community after the fact if the proposed plan moves forward. He encouraged the Council to do its due diligence to ensure this project was done right in from the beginning. Stan Harpstead, 1277 Nursery Hill Lane, noted he moved to Arden Hills in 1987 and he previously served as the City's mayor. He explained it has been over 12 years since he served as the Mayor and TCAAP was a big factor then. He discussed how much has changed in the past 12 years. He understood the TCAAP property had been cleaned to residential standards. He noted the median age in Arden Hills has dropped to 39 years of age. He indicated the world has started to come to grips with the impacts of climate change and the concept of sustainability has become relevant. He stated the world was not the same as it was when he was the mayor. While many things have changed, he noted the population of the City has not changed and was still right around 10,000 people. He reported he was unable to understand why Ramsey County and Arden Hills were not able to collaborate. He recalled a City Council meeting that he was not able to attend and during this meeting the Council added an item to the agenda, voted and passed this item which served to restrict activity. He reported at the next Council meeting, during the public comment section, he passed the gavel to the Mayor Pro Tem and he addressed the Council as a member of the City. His purpose was to remind the Council that their actions are to be conducted as a body. He understood that some motions would pass unanimously, some would fail and some would pass with a simple majority but the process was open and transparent and the whole body would have an opportunity to participate publicly. He encouraged the Council to continue to interact at public meetings and to be open and transparent with each other. He stated discussions were not personal but rather were on behalf of the City's constituents. He suggested the finance committee be started again and that they be tasked to review this project with the County. He noted this project would not be completed in the next decade and he anticipated future changes would have to be made to this project, and that was okay. ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 6 Steve Scott, 4286 Norma Avenue, discussed the proposed Ordinance change. He stated there was no confusion regarding the status of the City and noted the vast majority of the cities in Minnesota were organized in the same manner as Arden Hills. He explained the Mayor was elected to a four year term and was only allowed one vote, no more or less than any other member of the City Council. He indicated the only confusion was why the new Councilmembers were doing this. He stated current City Code allows the Mayor to solicit individual Council preferences for liaison positions with the final approval coming from a vote of the entire City Council. He discussed how Shoreview manages their appointments. He encouraged the new Councilmembers to act in a manner that does not further divide the Council. He expressed concern with a comment from Councilmember Fabel regarding something he was told about the City's mediation effort with the County. He reiterated the fact that the City was willing to move to alternative levels of housing noting the County rejected the compromise. He encouraged the new Councilmembers to stop operating under "the big lie". He discussed how the new Councilmembers would be learning in their new role and noted parking would have to be considered if the proposed density within TCAAP were doubled. Steve Erler, 1704 Chatham Avenue, reported several speakers at the January Council meeting encouraged the newly elected Councilmembers to be more cooperative with Mayor Grant and Councilmember Holden. He stated cooperation only works when all parties are involved. He discussed how the actions of the previous Council, in December, could be viewed as uncooperative. He indicated these actions could be viewed by the incoming Councilmembers as an attempt to deny the incoming Council the opportunity to make those appointments. He stated he was not surprised the new Council changed the appointment process. He reported Councilmember Holden's behavior at the January 9 meeting was unbecoming of a City leader. He feared the cooperation that the public was calling for was one-sided and was only meant for the newly elected Councilmembers. He stated this was not cooperation but rather was capitulation. He understood some residents were not pleased with the results of the election. He indicated the residents of Arden Hills clearly voted for change by replacing three of the four incumbents. He noted the Mayor barely won reelection. He believed it was time for Mayor Grant and Councilmember Holden to adopt a spirit of cooperation and to find a way to govern the City with the newly elected Councilmembers. Mary Henry, 3521 Ridgewood Court, stated during the last Council meeting she heard Councilmember Holden express concern that the Arden Hills Council could become more like the Maplewood City Council. She encouraged this Council to listen openly and to hear what the other Councilmembers are saying, as well as the residents. She suggested the Council also be willing to ask the public what they want. She urged the Council to work to trust that each Councilmember wants the best for Arden Hills. She strongly recommended the Council treat each other as individuals and not as groups. Lynn Diaz, 1143 Ingerson Road, stated honesty and trust were important in any relationship. She explained she spoke to Mayor Grant years ago about including affordable housing within TCAAP and she was told this was not economically feasible. She noted after the law suit was over she asked what the plan was for Rice Creek Commons and she was told this could not legally be discussed. She stated she asked the Mayor if the developer had included any affordable units in the new senior development she was told this could not be done. She reported all of these statements were untrue. She reported in 2003 when the City redid her road the City asked for and received permission to install a retention pond on her neighbor's property. This retention pond was to be maintained and inspected by the City on a yearly basis and this has not been done. She stated once the Advance Arden Hills candidates filed for office, all of the sudden the City shows up, along with the Mayor stating they would take care of it, as was promised 20 years ago. She discussed how a comment ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 7 from Councilmember Holden stated taxes would be increased by $1,000 if affordable housing units were built on TCAAP. She reported she investigated this further and it was not true, and that she would happily pay $10 more each year so seniors and workers have a place to live in Arden Hills. She stated the Council's behavior at the last meeting was appalling and made both major newspapers. She indicated she was ashamed of her City and she believed conspiracy theories and innuendo have no place in City proceedings. She stated she understood why the Council refused to meet with the City and why the City needed new Councilmembers on the JDA. She believed it was inconsiderate of the Council to cancel three of the first Council meetings without discussing this with the new Councilmembers. She questioned if this was common practice as the Mayor said. She was of the opinion the actions of the new Council were appropriate to comply with State Statute. She believed the new appointments made sense given the lack of progress that had been made in the past. She stated she believed the JDA Chair appointment of Gregg Larson was logical given his qualifications and noted he spent nine years on the City Council and worried the City would not find someone more qualified. She encouraged the Council to fight for the City's residents and not against each other. Christy Jacob, 1492 Arden Place, explained she watched all five hours of the January Council meeting. She stated she felt grateful for the civic engagement from the City's residents, noting she appreciated hearing from all members of the public even if they did not share her viewpoint. She indicated some of the comments also made her sad and disappointed. She indicated she appreciated how the Mayor started the meeting asking all present at the meeting to be neighborly, but noted this did not last once the new Councilmembers were accused of being a coup. She questioned why the Mayor did not ask for the comments between the Council to be respectful. She reported the decisions made by the majority of the Council are not a coup or a cabal. Rather they are the bedrock of democracy. She understood Mayor Grant had a wealth of knowledge and encouraged him to uphold respectful boundaries during this time of transition. She expressed concern with Councilmember Holden's lack of decorum at the January meeting. She believed Councilmember Holden was unwelcoming, condescending and rude. She reviewed the words Councilmember used at the meeting. She was of the opinion the Arden Hills residents deserved more than what Councilmember Holden displayed last month. She encouraged Councilmember Holden to display herself in accordance with the honor of the elected position. She stated Arden Hills was a City that was engaged and represented by a Council that had a wide range of expertise and life experience. She understood the City had much to do and had an incredible opportunity with TCAAP. She urged the Council to bring the best of themselves in order to move the City forward. Kathy Sukke, 1286 Karth Lake Circle, stated last month she tried to point out something important. She noted 305 senior housing units are going to be built by North Heights and 668 units were proposed for Snail Lake. She explained 9,000 cars would be coming out of the road north of North Heights. She estimated another 3,600 people would be living in TCAAP. She feared how an additional 2,500 units would impact Highway 96. She clarified for the record Ramsey County did not show up for mediation after a judge ruled in 2019 that the term agreement should stand. She explained Commissioner Frethem and Commissioner Reinhardt suddenly appeared at a JDA meeting. She discussed how the JDA opted to form a subcommittee and the residents of Arden Hills would not be privy to the information discussed by this subcommittee. She reiterated that the addition of this many people in the northern area of Arden Hills was dangerous. 3. RESPONSE TO PUBLIC INQUIRIES A. Public Inquiry Response from January 17, 2023 City Council Work Session ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 8 City Administrator Perrault provided the Council with information on the public inquiry response from the January 17, 2023 City Council Work Session. He explained one resident raised a question about the roundabout and the other asked about the County's plan regarding TCAAP. He noted the most recent response from the County was on the City's website. Councilmember Holden asked if the City received any term sheets from the County. City Administrator Perrault clarified the last letter the City received from the County was in June of 2022. He noted the City has not received a response to the term sheet. Councilmember Holden questioned if the term sheet that was brought to the City came from the developer. City Administrator Perrault reported this information was received from the developer, who was forwarded this information from the County last year. Councilmember Holden requested further information on what the process would be for the JDA. She asked if there would be public hearings and input received from the residents. City Administrator Perrault stated the process for the JDA has not changed and noted public input would be taken at their future meetings. In addition, the public was encouraged to reach out to JDA or County Board members with any comments or questions. Councilmember Holden reported the City has given the County term sheets several times and she understood Councilmember Fabel believed the City has never moved off of the 1420 number. She said she understood Councilmember Fabel has negotiated on behalf of the City. She questioned if a term sheet was something that was negotiated by the City Council. City Administrator Perrault explained the term sheet that was voted on and approved by the City Council in May of last year was the Council's official position at that time. Councilmember Holden asked how many meetings were held without the County attending. City Administrator Perrault stated since February 2019 the City continued to hold the JDA meetings until June of 2022 without the County showing up. Councilmember Holden anticipated it was difficult to move a project forward without receiving communication from another involved party. She stated she had wanted to discuss the process surrounding TCAAP more, but this item was removed from the agenda. She indicated she would like to better understand if the Council would be allowed to discuss this topic at future meetings. Mayor Pro Tem Rousseau recommended this topic be placed on the Council's next work session agenda. Mayor Grant asked when the term sheet was received from the developer. City Administrator Perrault reported the term sheet was received from the developer on January 19, 2023 and was forwarded to the City Council on January 20, 2023. ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 9 Councilmember Holden clarified the term sheet the Council received was from the County stating the term sheet was completed right after mediation (from two or three years ago) and this information was never forwarded to the City until recently. City Administrator Perrault explained to the best of his knowledge, the City did not receive this information prior to January of 2023. Councilmember Holden requested staff review the term sheet. She stated if these terms had been presented to the City previously, the project could have been able to move forward long before the interest rates and supply chain issues occurred. Councilmember Monson explained this item was discussed prior to the agenda being approved and there was not clarity on where this item would go. She believed the Council was having a discussion even though the item was removed from the agenda. She requested the Council move forward on the agenda and noted any negotiations would occur with the JDA. She encouraged the Council to look forward and not backwards. Mayor Grant stated he was simply trying to clarify when the term sheet was received. Mayor Pro Tem Rousseau again recommended this topic be placed on an upcoming work session. Councilmember Holden explained she was trying to make the public aware that a term sheet had been presented to the City by the County. Mayor Pro Tern Rousseau stated it was her understanding the term sheet would be addressed under Item 5. City Administrator Perrault explained Item 5 would provide the Council with an update on the recent JDA meeting and would not address Item IOC that was pulled from the agenda. 4. PUBLIC PRESENTATIONS None. 5. STAFF COMMENTS A. TCAAP/Rice Creek Commons Update City Administrator Perrault explained the JDA held its first meeting of the year on Monday, February 6. He reported Councilmembers Fabel and Monson were in attendance along with County Commissioners Frethem and Reinhardt and that the group nominated and elected Commissioner Frethem as Vice Chair. He noted the JDA Chair position remains vacant. Applications for this position were being accepted through Friday, February 24. He indicated the JDA approved an insurance waiver, adopted a value statement and a meeting schedule. He stated the JDA would meet every other month and that the next meeting would be held on Monday, April 3. He explained the JDA also formed an advisory committee made up of Councilmember Fabel and Commissioner Frethem, along with needed staff members. He stated the advisory committee would meet on a more frequent basis and would make recommendations to the JDA. ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 10 6. APPROVAL OF MINUTES A. January 3, 2023, Special City Council Work Session B. January 9, 2023, Regular City Council C. January 17, 2023, City Council Work Session Mayor Grant reported he spoke with staff about a minor correction to the January 9, 2023 City Council minutes. Councilmember Holden explained she also spoke with staff regarding minor changes to all three sets of minutes. MOTION: Councilmember Fabel moved and Councilmember Holden seconded a motion to approve the January 3, 2023, Special City Council Work Session minutes as amended, the January 9, 2023, City Council meeting minutes as amended; and January 17, 2023, City Council Work Session minutes as amended. A roll call vote was taken. The motion carried (5-0). 7. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion To Approve 2022 Budget Carryovers And 2023 Budget Adjustment C. Motion To Approve Resolution 2023-005 Appointing Remaining City Council And Staff Liaisons To City Commissions And Committees D. Motion To Approve Final Payment — C&L Excavating, Inc. — 2021 PMP Street And Utility Improvements Project E. Motion To Approve Final Payment — Vinco, Inc. — Lift Station 10 Rehabilitation Project F. Motion To Approve Bulk Road Salt Purchase G. Motion To Approve Payment Fef The Ramsey Cow" Lexingten Avenue H. Motion To Approve Professional Services Agreement For 2023 On -Call Engineering Services With HR Green I. Motion To Approve Purchase Of Lift Station 7 In -Line Grinder Replacement Parts And Invoice Presbyterian Homes J. Motion To Approve Public Works Capital Equipment Replacement — 2012 International Plow Truck K. Motion To Approve Resolution 2023-006 Appointing Kate Olson, Lacy Loosbrock And Emelia Rogers To The Parks, Trails And Recreation Committee (PTRC) L. Motion To Approve Reefaitment Of Gemffrdnieafiens Geer-dina M. Motion To Approve Appointing Brad Bjorklund To The Planning Commission MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. A roll call vote was taken. The motion carried (5-0). 8. PULLED CONSENT ITEMS ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 11 A. Motion To Approve Payment For The Ramsey County Lexington Avenue Reconstruction Project (Ramsey County Cooperative Agreement PUBW- 02007) Councilmember Holden reported the City received $500,000 in funding from the State. She thanked Representative Kelly Moller and Senator Jason Isaacson for their assistance with this funding. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to Approve Payment For The Ramsey County Lexington Avenue Reconstruction Proiect (Ramsey County Cooperative Agreement PUBW- 02007). A roll call vote was taken. The motion carried (5-0). B. Motion To Approve Recruitment Of Communications Coordinator Councilmember Holden asked if the Communication Committee would be formed again. She understood the committee used to work on the newsletter and electronic media on behalf of the City. She questioned if the City should be recruiting a Communications Coordinator at this time. Mayor Pro Tem Rousseau stated she believed a Communications Committee would be valuable to the City. However, she understood a great deal of time was spent on the newsletter and she wondered if this should be the responsibility of residents. She suggested any Communications Committee would serve in an advisory manner. Councilmember Fabel explained staff is seeking authorization to recruit a full time Communications Coordinator. He stated he supported staff s recommendation. He reported as the Council liaison to the Communications Committee he would like to take the opportunity to participate in the interviews for this position. Mayor Grant requested further information on how the City recruits and hires individuals. City Administrator Perrault commented a year or two ago the Council amended the way they conduct recruitments. He explained Councilmember Fabel was correct and if a Councilmember wanted to sit in on an interview, now was the time to amend the motion and make the request. Councilmember Monson stated she supported staff and the need for a Communications Coordinator. She wanted to be sure the City had a professional that was communicating information to the public as the TCAAP site develops. MOTION: Councilmember Monson moved and Councilmember Fabel seconded a motion to Approve Recruitment Of Communications Coordinator and allowing Councilmember Fabel to serve on the interview panel. Mayor Grant asked for a friendly amendment to the motion to be more general to allow all Councilmembers to participate in interviews for any positions, should they elect to. ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 12 MOTION: Councilmember Monson moved and Councilmember Fabel seconded a motion to Approve Recruitment Of Communications Coordinator allowing Councilmember Fabel and other Councilmembers to serve on an interview panel. Mayor Grant questioned if Councilmember Fabel still wanted to have a resident committee write for Arden Hills Notes. Councilmember Fabel stated there has been suggestions to have resident participation and to receive articles that might be pertinent from time to time for the Arden Hills Notes. He explained he supported the staff recommendation to bring in a full time Communications Coordinator. A roll call vote was taken. The motion carried (5-0). 9. PUBLIC HEARINGS A. Planning Case 22-023 Planned Unit Development — New Perspective Senior Living — 3565 Pine Tree Drive — Arden Hills RE, LLC Community Development Director Jagoe stated the Applicant submitted a land use application for a Planned Unit Development (PUD) Amendment, seeking flexibility on the location, number, and size of wall and monument signs at the New Perspective Senior Living building. The Applicant shares an existing multi -tenant sign with Bethel University. The Applicant is proposing three additional signs as part of their signage plan, a main entrance monument sign, a wall sign, and a directional sign. The proposed main entrance monument size requires flexibility on the location and number/size. The proposed wall sign requires flexibility on the size. The directional sign as proposed complies with City Code. Community Development Director Jagoe reviewed the recommendations from the Planning Commission in detail with the City Council. Staff requested the City Council hold a Public Hearing regarding the PUD from New Perspective Senior Living. Councilmember Holden questioned how far sign 2 was from the County Road E sidewalk. Community Development Director Jagoe reviewed the proposed location for sign 2. Mayor Grant asked if the westerly facing sign would be backlit but not utilizing LED. Community Development Director Jagoe explained this sign would have LED lights within the channel letters. Mayor Grant inquired if the LED lights would be exposed. Community Development Director Jagoe indicated the LED lights would be placed behind acrylic face panels. She noted the proposed lighting met all City standards with respect to the illumination level. Councilmember Holden asked if the westerly facing sign would be illuminated 24/7. ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 13 Community Development Director Jagoe commented the applicant did not specify any time restrictions. She noted the Council could discuss this matter and add a condition as part of the PUD amendment to regulate the hours this sign could be illuminated. Councilmember Monson explained when she drove by the property this evening, she saw the property was already lit. She requested further information on how the site would be further lit. Community Development Director Jagoe indicated the applicant provided staff with a photometric plan and reported the proposed illumination could not be more than 1.0 foot candles at the property line. Per the applicant's plan, the lighting on the building would not be more than 0.12 foot candles at Snelling Avenue. She reiterated that the proposed sign would meet City sign standards. Councilmember Fabel indicated he has been driving by this project and he understood this was a large senior living facility. He stated he was deeply disappointed that this project did not include affordable housing. He confirmed from the Findings in the staff report that it is stated this sign would not result in something inconsistent with the purpose of the zoning district. Community Development Director Jagoe explained this was one of the Findings brought forward from the Planning Commission. Councilmember Fabel stated he understood the Planning Commission reviewed this case and recommended approval as amended of this case on a 6-0 vote. Community Development Director Jagoe reported this was correct. Councilmember Holden explained the Council requested affordable housing with this project but the State was involved with this project. She commented on how there would be a cooperative partnership between Bethel University and the senior housing project in order to provide nursing services to the seniors. She encouraged Councilmember Fabel to speak with Representative Kelly Moller about this further. Mayor Pro Tem Rousseau opened the public hearing at 8:51 p.m. Ted Brausen, 1306 West County Road E, stated he built some low income housing in Brainerd and was not able to complete a similar project in Arden Hills because he could not afford the land. He stated this company has been a wonderful neighbor and noted he supported their sign requests. He urged the City Council to reconsider the City's sign ordinance in general. He commented further on how Arden Hills' sign ordinance was difficult, noting Roseville and Blaine allowed better sign options. He believed this business deserved the requested signs in order to properly promote their business. Councilmember Monson asked what Mr. Brausen meant by better signage. Mr. Brausen discussed the differences between the signs that were allowed in Arden Hills versus Blaine and Roseville. He stated there was a very big difference for his Holiday Station. Councilmember Fabel asked what suggestions Mr. Brausen had for the sign ordinance. ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 14 Mr. Brausen suggested a subcommittee be formed with local business owners, residents and several Councilmembers in order to take a deeper look at the City's sign ordinance. He stated he would be willing to work on this subcommittee. Councilmember Holden indicated the Council has brought this concern to Community Development several times. She questioned when staff would have time to address this matter. Community Development Director Jagoe commented staff could look at addressing the City's sign plan and she encouraged Mr. Brausen to consider applying for the EDC as well. Mayor Pro Tem Rousseau stated for the record the Council received an email opposing the wall sign requested by the applicant for fear it would impact the residents across the street and adjoining neighborhoods. With no one coming forward to speak, Mayor Pro Tern Rousseau closed the public hearing at 8:57 p.m. 10. NEW BUSINESS A. Planning Case 22-023 Planned Unit Development — New Perspective Senior Living — 3565 Pine Tree Drive — Arden Hills RE, LLC Community Development Director Jagoe stated the applicant has submitted a land use application for a Planned Unit Development Amendment, seeking flexibility on the location, number, and size of freestanding and wall signs at the New Perspective Senior Living building. The Applicant shares an existing multi -tenant sign with Bethel University. The Applicant is proposing three additional signs, a main entrance monument sign, a wall sign, and a directional sign. The proposed main entrance monument size requires flexibility on the location and number/size. The proposed wall sign requires flexibility on the size. Staff explained the Planning Commission reviewed this application and have offered the following findings of fact for your consideration: 1. The Applicant submitted an application for a Planned Unit Development Amendment. 2. The Subject Property is located within the General Business District (B-2) and is guided for Community Mixed Use (CMU) in the Land Use Plan. 3. The Subject Property is approximately 6.4 acres and is owned by Arden Hills RE, LLC. 4. Adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with a Site Plan Review or a Planned Unit Development process as described for in Section 1320 and 1355 of the Zoning Code. 5. Flexibility through the PUD process has been requested for the size, type, design, location, and number of freestanding and wall signs. 6. The proposed signage plan will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. 7. A public hearing for a Planned Unit Development Amendment is required before the request can be brought before the City Council. 8. The Planning Commission conducted a public hearing on December 7, 2022. Community Development Director Jagoe explained the Planning Commission recommended approval of Planning Case 22-023 for a Planned Unit Development Amendment at 3565 Pine Tree ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 15 Drive, based on the findings of fact and the submitted plans, as amended by the conditions in the February 13, 2023 Report to the City Council: 1) All conditions of the original Preliminary/Final Plat, Planned Unit Development, Conditional Use Permit, and Site Plan Review shall remain in full force and effect. 2) A separate sign permit shall be required for all proposed signage. 3) All signage shall meet all other requirements of Sign District 4. 4) The Planning Commission recommends approval of signs 1, 3 and 4 and recommends denial of sign 2 due to the location as prohibited under the city code requesting the applicant prepare alternate options for a wall sign that is suited to the size of the building, location, and design that will enhance the area, and be consistent with the architecture of the building, or consideration of a freestanding sign. 5) Regarding Sign 1, the applicant shall provide a base that extends up the sides of the sign base to meet City Code material design standards in Sign District 4. Councilmember Holden questioned how the City would measure the brightness of light if the standards were changed, or if the City were to receive complaints from adjacent residents. Community Development Director Jagoe commented if the Council were to approve the sign request as presented and the City were to receive a complaint, measurements of the sign can be taken through an app or instruments can be borrowed to measure illumination levels. Councilmember Fabel inquired if staff had any reservations regarding the recommendations. Community Development Director Jagoe stated she did not based on the revisions made. She believed the Planning Commission brought forward a good recommendation and the proper adjustments were made by the applicant. Councilmember Monson explained she read the Planning Commission minutes and she appreciated the work this group did. She believed this was a unique situation and she appreciated the adjustments that were made by the applicant. She indicated she supported the motion for approval with conditions one through three. Councilmember Fabel said he would move to approve exactly what the Planning Commission has approved. City Attorney Jamnik referenced page 2 of the memo. He noted the staff recommendation, in light of what the developer had modified, would require a modification to Paragraph 4 in order to reflect "plans as revised" in response to the Planning Commission recommendations. He stated that Community Director Jagoe was recommending a Motion to Approve Planning Case 22-023 based on the findings of fact and submitted plans, as amended by the conditions in the February 13, 2023 Report to the City Council with paragraphs 1, 2 and 3, and then paragraph 4 as modified to reflect the recommendations of the Planning Commission with a reduction in the size of Sign 2, which is the western facing on Snelling Avenue. He noted that paragraph 5 would remain the same. He stated he believed that was the motion that Councilmember Fabel was intending to make. ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 16 MOTION: Councilmember Fabel moved and Mayor Grant seconded a motion to adopt Planning Case 23-023 for a Planned Unit Development Amendment at 3565 Pine Tree Drive, based on the findings of fact and submitted plans, as amended by the conditions in the February 13, 2023 Report to the City Council with paragraphs 1, 2, and 3 as presented and with paragraph 4 as modified regarding reduction in the size of Sign 2 and paragraph 5 as modified with extension of base materials to reflect recommendations of Planning Commission. Mayor Grant reported the Council had flexibility to add additional items to the motion due to the fact this was a PUD Amendment. He asked if the Council had any other concerns that should be addressed. There were no other items of concern. A roll call vote was taken. The motion to adopt Planning Case 23-023 for a Planned Unit Development Amendment at 3565 Pine Tree Drive, based on the findings of fact and submitted plans, as amended by the conditions in the February 13, 2023 Report to the City Council with paragraphs 1, 2, and 3 as presented and with paragraph 4 as modified regarding the reduction in size of Sign 2 and paragraph 5 as modified with extension of base materials to reflect recommendations of Planning Commission carried (5-0). B. Roundabout Discussion This item was removed from the agenda and will be placed on a future work session agenda. C. TCAAP Discussion This item was removed from the agenda and will be placed on a future work session agenda. 11. UNFINISHED BUSINESS A. Ordinance 2023-001 Amending Chapter 2, Section 220, Subsections 220.01 And 220.03 And Authorizing Publication Of Summary Ordinance City Administrator Perrault stated at the January 9, 2023 City Council meeting, the City Council voted to direct staff to move forward with amending the City Code relating to Mayoral appointments to committees and commissions. City staff moved forward with publishing the necessary notification on our website, and before Council this evening is the draft language along with a Summary Ordinance to be published in the newspaper should Council move forward with adoption of the proposed amendment. MOTION: Councilmember Fabel moved and Councilmember Monson seconded a motion to adopt Ordinance 2023-001 Amending Chapter 2, Section 220, Subsections 220.01 and 220.03. Councilmember Fabel explained he supported the proposed Ordinance and noted it would bring City Code into compliance with State Statute and surrounding cities. Councilmember Holden commented several neighboring cities do not allow a Mayor Pro Tem to be appointed until they have two or three years' experience on the City Council. She noticed the ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 17 Council did not follow this recommendation when making recommendations for City appointments. She hoped the City would not have any emergency situations for Mayor Pro Tern Rousseau to handle in the coming weeks or months. She reported the Mayor has never appointed people to positions, but rather the Mayor brought forward names for the Council to consider in the best interests of the City. Mayor Grant stated there has been talk about the City being in conformance with State Statute. He asked the City Attorney if the City was allowed to be more restrictive or less restrictive than State Statute. He indicated City Code does not have to match State Statute but rather it has to follow it. City Attorney Jamnik explained this was correct. Mayor Grant questioned if there was any ambiguity in the manner in which these articles of City Code were written. City Attorney Jamnik stated there was no ambiguity. Mayor Grant inquired if the City of Arden Hill's City Code had to match neighboring communities' city codes. City Attorney Jamnik reported there was no requirement for City Code to match neighboring communities' city code. Mayor Grant explained one would hope the Mayor could work with the Council to organize the City in such a fashion that he obtains the best out of everyone. He noted he met with all of the Councilmembers and asked what their preferences were. He stated this was how things were done in the past and he understood people did not like hearing this. He reiterated that appointments were always done cooperatively but this was being rebuffed. He encouraged the Council to take these motions separately. Councilmember Fabel asked if it was true Minnesota Statute 412.101 specifically authorizes City Councils to make appointments, committee members, employees and agents for the City. City Attorney Jamnik stated this was correct. Councilmember Fabel inquired if there was any provision in State law that allows the Mayor to make appointments separate from the City Council. City Attorney Jamnik advised with the exception of a tie, then the Mayor can make an appointment. Councilmember Fabel asked if the amended Ordinance would allow the Mayor to have the same legal authority as all of the other Councilmembers. City Attorney Jamnik stated that is correct. He also commented the motion on the table was for the Ordinance and did not include publication of the summary ordinance. Councilmember Holden inquired if the Mayor has ever taken away the City Council's right to vote for committee and commission appointments in the past. ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 18 City Attorney Jamnik reported he did not recall there being a disagreement between the Mayor and the City Councilmembers in the past. Mayor Grant asked if there was anything in State Statute that says the City cannot come up with its own operating rules and policies, as long as they do not violate State Statute. City Attorney Jamnik stated this was correct. Mayor Grant commented in the past when he worked with the Council to bring forward recommendations, he has always brought those back to the Council for consideration. City Attorney Jamnik reported this has been the Mayor's practice since he began working for the City in 2013. Mayor Grant explained this action was a carve out of Mayoral privilege. He stated there was nothing wrong with having Mayoral privilege within City Code. Councilmember Fabel called the question. A roll call vote was taken. The motion to adopt Ordinance 2023-001 Amending Chapter 2, Section 220, Subsections 220.01 and 220.03 carried 3-2 (Councilmember Holden and Mayor Grant opposed). MOTION: Councilmember Fabel moved and Councilmember Monson seconded a motion to Authorize publication of a Summary Ordinance. Mayor Grant requested a friendly amendment to the summary ordinance stating the third clause should read all appointments should be made by the City Council. Councilmember Fabel stated he accepted this amendment. Councilmember Monson stated she supported this amendment as well. A roll call vote was taken. The amended motion to adopt Ordinance 2023-001 Amending Chapter 2, Section 220, Subsections 220.01 and 220.03 carried 3-2 as amended carried 4-1 (Councilmember Holden opposed). 12. COUNCIL COMMENTS Councilmember Monson commented last week the first JDA meeting was held in four years. She reported this meeting was a really positive experience and she believed the City had their attention. She believed the City would continue to have good discussions with the County going forward. She stated she was happy about the representation the JDA had around sustainability and resiliency. She explained she was looking forward to hearing from the public as this project moves forward. Councilmember Fabel stated it has been agreed by staff, the County Commissioners and the Councilmembers on the JDA that this group was looking forward and would not be looking backward. He reported there has been significant changes in the world since the JDA last met which were impacting inflation and supply chains. In addition, the County was very concerned that ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 19 the City commit itself to civility and to being a cooperative partner. He stated the City was very committed to moving forward in this manner. Councilmember Fabel commended Mayor Pro Tern Rousseau for running a great meeting. Councilmember Holden reported she watched the JDA meeting and she understood the group was focused on moving forward. However, there were comments made at the meeting that the City did not move forward with the County. She clarified that the City held numerous JDA meetings that the County did not attend. She explained the JDA did not just start meeting again in February of 2023, but rather has been meeting for the past three years, just without the County in attendance. She encouraged the JDA Council liaisons to remember that they represent the City of Arden Hills. Councilmember Holden asked residents of Arden Hills to keep frequenting the businesses along Lexington Avenue. She understood this roadway was a mess and would remain a mess, but these businesses needed community support. Mayor Pro Tem Rousseau explained the Planning Commission did not meet in January or February. She indicated the Planning Commission would meet again in March. She stated the PTRC met and discussed the City's park naming process and buckthorn removal. Mayor Grant thanked Council Member Rousseau for running this meeting. Mayor Grant addressed the comments that were made regarding the progress that has been made by the JDA. He commented on the monumental items that had been completed by the Council to date. He reported in December of 2012 the JDA was established through a Joint Powers Agreement. He stated bylaws were created, goals were established, a developer was chosen, and Alatus was brought on board. He reported in 2013 and 2014 the City took public comment and as part of the goals the County agreed to clean the site. He explained in 2016 the plan with 1,460 units was adopted by the City Council and Ramsey County. Mayor Grant indicated there were a number of comments regarding transparency and he questioned how the JDA would be transparent with its new subcommittee. He stated he has heard comments from the public that they would like to be involved in the TCAAP project and he has not heard plans on how this will occur. He understood there was talk about not looking backward and he appreciated the fact that both parties wanted to move forward. However, residents came to the City with valid feedback and plans for this project. He hoped that the public could be involved in the JDA's planning process going forward. Mayor Grant commented on the Council was supposed to be openly listening to each other, but this meeting began by removing two items from the agenda that one Councilmember wanted to discuss. He hoped in the future the Council could and would discuss items. He believed it was disrespectful to remove agenda items that a Councilmember wanted to discuss. Mayor Grant reported there was a comment made about the Fernwood Channel, retention pond. He discussed the condition of this channel stating he understood it needed to be dredged. Mayor Grant explained the Council canceled the second meeting in January and February. He indicated the Council took this action the past several years and this action could be found in the December minutes. He reported this action was taken because there was not much for the Planning ARDEN HILLS CITY COUNCIL — FEBRUARY 13, 2023 20 Commission or Council to discuss. He stated canceling these meetings, when there are no items to discuss, allowed staff to be home with their families. Mayor Grant encouraged the Council to move beyond 3-2 votes. He hoped the Council would be able to find a way to work together amicably going forward. Mayor Grant welcomed the new Planning Commission and PTRC members to the City. He thanked these individuals for being willing to serve their community. ADJOURN MOTION: Councilmember Holden moved and Councilmember Fabel seconded a motion to adiourn. A roll call vote was taken. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 9:46 p.m. Julie Hanson City Clerk David Grant Mayor DRAFT -ARQEN_HILLS Approved: March 13, 2023 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION FEBRUARY 21, 2023 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session at 5:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault, Community Development Director Jessica Jagoe, Public Works Director/City Engineer David Swearingen, Deputy Clerk Jolene Trauba, Trident Development Senior Vice -President Roger Fink (via Zoom), and Resident Kerri Seemann 1. PUBLIC INQUIRIES/INFORMATIONAL None 2. RESPONSE TO PUBLIC INQUIRIES None 3. AGENDA ITEMS A. Concept Plan Review —1700 Highway 96 W — Senior Apartment Housing Proposal Trident Development Senior Vice -President Roger Fink stated they were proposing 124 units in a three story, wood framed building. He discussed the three areas that they would need to seek variances, based on being in the R-4 Zoning District. The current density allowed is 12 units per acre, they would be requesting 14.95 units per acre. They would be requesting an approximate 39- 43 foot building height, and a slightly higher maximum floor area ratio. Community Development Director Jagoe explained the density calculations. ARDEN HILLS CITY COUNCIL WORK SESSION — FEBRUARY 21, 2023 2 Councilmember Holden felt they could get rid of some of the variances if they would drop the number of units. Councilmember Rousseau asked why they wanted 14.95 units per acre instead of 12. Mr. Fink stated that 124 units was the optimum size for the property that includes the wetland, and it optimizes the size for income from the property. They would need to drop 12 units to get down to 12 units per acre which wouldn't change the cost of construction much but it will change the amount of income from the property. Mayor Grant said if there wasn't a wetland there wouldn't be an issue. Councilmember Rousseau asked if it was fairly standard to go up to 14 in density. Community Development Director Jagoe said she would get the numbers from the last two properties that were built. Discussion ensued regarding height measurement. Mr. Fink stated the building would be 32 feet at the eaves, 44 feet at the peak. The building height would be 38 feet, in part due to the nine -foot ceilings in modern buildings. Mayor Grant noted that if developers stay within the 35 foot height then they are looking at flat roofs. He felt that aesthetically it would be better to have a pitched roof than a flat roof. Community Development Director Jagoe stated the New Perspective project was under a commercial zoning district that allows higher density of up to 20 units per acre. The Round Lake Senior Living project is zoned R-4 and was approved at a density of 21 units per acre under the PUD. Councilmember Holden asked how the City would benefit under a PUD. Mr. Fink replied that they would be using an underutilized property and putting it on the tax rolls, and fulfill an unmet need for senior living. Initially they aren't planning to connect directly to the park with a trail because of neighborhood concerns about burdening the park, and requests that activities be held mainly on site. Councilmember Holden said her concern would be people walking through parking lots to get to the park. She asked what amenities they were planning to have onsite. Mr. Fink said there would most likely be a walking trail, patio, pickleball court and something for grandkids. They would have more exact plans when they come forward with the formal application. Councilmember Rousseau wondered if people were able to safely walk from the property to the park. She felt people look for that when deciding where to live. ARDEN HILLS CITY COUNCIL WORK SESSION — FEBRUARY 21, 2023 3 Councilmember Monson said it seemed like the original proposal was open market and there was concerns about families from there overrunning the playground, but now at 55+ there would be a different view on how to access the park. Mr. Fink said there is a trail on the south side of Highway 96 and they plan to connect to it, he believed that would connect to a trail on Snelling Avenue to get to the park. Councilmember Monson said there was no sidewalk on Snelling Avenue. Councilmember Holden wondered if they could put a crosswalk through the parking lot from the park to the property, and asked about access for people wanting to go to church at North Heights. Mr. Fink said when they get the site plan detail they will address pedestrian traffic, vehicle traffic, and recreational trails in and around the site. Mayor Grant mentioned this was a concept review and an opportunity to give feedback to the developer so if he brings back a proposal it lines up with what they want. Councilmember Monson said she would be looking at how much tree clearing would take place with preference of fewer trees cleared. She would also like to see energy efficiency measures beyond traditional buildings. Councilmember Holden asked who would own and be responsible for the storm water pond. Mr. Fink assumed that the property owner would maintain the pond. Councilmember Fabel expressed interest in making 15-20 units be affordable at 60% AMI. Mr. Fink stated that would require some financial assistance from the City to cover the revenue gap. Mr. Fink said the intention is to have a left turn only out of the development so traffic is directed to Highway 96. Councilmember Holden said they would need to make significant changes to the intersection with Snelling Avenue so it would be a right hand only turn. Mr. Fink agreed that would be their intention. Councilmember Rousseau asked if they would be completing a noise study. Mr. Fink said they would complete the study before the application goes to the Planning Commission. Mayor Grant said the quality of exterior building materials would be important to him. Councilmember Holden wondered how many people would be under 65 years old would live at the facility. ARDEN HILLS CITY COUNCIL WORK SESSION — FEBRUARY 21, 2023 4 Mr. Fink said the law allows them to discriminate for ages 55+ and they use that age to comply, but in reality, the population tends to be older than age 65. Councilmember Fabel said he would be much more impressed by the project if there was some effort to include some measure of affordability. Community Development Director Jagoe noted the church facility had a height of 50 feet and she would verify that number and include it in a future staff memo. B. Hazelnut Park Ecological Restoration Plan Mayor Grant thanked Ms. Seemann for the proposal. He recommended they go with Option l due to using more plugs with less risk and seeds. Councilmembers Holden, Monson and Fabel agreed with Option 1. Councilmember Rousseau asked if there was any liability if a PTRC member applies herbicides. Public Works Director/City Engineer Swearingen said Public Works would have to approve the work and location, and volunteers would sign a waiver form. Councilmember Holden asked if they would need a barrel for water. Ms. Seemann said she has a barrel with a top that she would bring to the location. Public Works Director/City Engineer Swearingen said he would coordinate filling the barrel with Ms. Seemann. Councilmember Rousseau said she would also support Option 1. C. 2024 PMP Street and Utility Improvements Project Mayor Grant said the project would be happening unless anyone had any objections. Councilmember Holden asked if Dawn Circle could be done. Public Works Director/City Engineer Swearingen asked if she was talking about the section between Norma and Dawn because they just did a mill and overlay on Dawn Circle in 2020. They will be crack sealing and seal coating it this year. Councilmember Holden wondered how many manhole covers they still had to replace. Public Works Director/City Engineer Swearingen said they would be replacing 56 on this project but he wasn't sure how many city-wide. Councilmember Holden asked about adding a sidewalk or trail on the south side of Royal Lane. ARDEN HILLS CITY COUNCIL WORK SESSION — FEBRUARY 21, 2023 5 Public Works Director/City Engineer Swearingen the segment between Floral Dr W up to Floral Park is being connected as part of the 2023 Floral Park Improvements Project. They are looking at adding some parking by the tennis courts at Floral Park. Councilmember Holden asked if they could add a small trail or sidewalk on the south side of Royal Lane. Councilmember Holden noted they were asking to use Bolten & Menk and wondered how big the difference was in the bids and how would we know we'll get a decent price. Public Works Director/City Engineer Swearingen said in the past two RFPs that Bolten & Menk has been chosen they haven't been the lowest bid, but they've justified it with the quality of what they produce. Overall, he's been very impressed with how they work with staff and residents, and follow up during construction. They know they need to stay competitive with the RFP process still a possibility. Councilmember Monson asked in what circumstances they are allowed to bypass an RFP. City Administrator Perrault replied that when they are negotiating professional services they don't need to have an RFP. The construction project itself would trigger the RFP being over $175,000. D. Parkshore Exercise Station Trail Loop — Official Name Discussion After discussion it was decided to approve the official name of the park as South Shore Fitness Park and Trail at the next regular Council meeting. E. 2023 Capital Equipment Replacement — 2014 Bobcat Toolcat Mayor Grant stated that Public Works would like to buy a Bobcat toolcat. Asked if anyone had concerns. Councilmember Holden asked how long it would take to get. Public Works Director/City Engineer Swearingen said it would be approximately six months. Mayor Grant directed staff to order the Bobcat. F. TCAAP Discussion City Administrator Perrault noted this was a carryover from the last Council meeting. The attachment was terms that were shared with Bob Lux. Councilmember Holden said the reason she brought this up was because she wanted to know what the city process will be. She wondered if they would have some city -led open houses. She expressed the need to bring the residents along. Councilmember Rousseau agreed and said she would be interested in having public feedback when key areas are discussed. ARDEN HILLS CITY COUNCIL WORK SESSION — FEBRUARY 21, 2023 6 Mayor Grant said he would advocate for public comment and participation up front so the negotiators know what the public is thinking. Councilmember Fabel said they are just getting started and they would certainly have public input. Mayor Grant asked who he was referring to when he said we? Was it the City Council or JDA? Councilmember Fabel said he was speaking of the JDA, and solicitation of public input would happen as the planning process resumes. Councilmember Holden asked if they were planning on involving residents prior to making an agreement. They have to bring residents along, not just tell them what they owe and what the density is without bringing them along. She asked what they were planning to do for the residents so they could take the information gathered back to the JDA. They previously had townhome and multi -family developers talk to them about what kind of space was needed. She's hearing that office space will be needed in 8-10 years. She felt they need to talk to experts to decide what retail and office space to plan for. Mayor Grant noted they had open house meetings in 2013, 2014, 2015 where residents left public comments, where they would typically have about 75 people show up. Councilmember Fabel said they we able to use that information and integrate it into the master development agreement and code, that work was done before the current JDA and they would have to evaluate what has changed in the last four years. Councilmember Holden asked if Councilmember Fabel was saying there would be no public process prior to an agreement. Councilmember Fabel said he didn't have an answer to that, when there would be public input, who would be there or what it would look like. Councilmember Monson said she supported having experts come to talk about the changes in the market, office space, and density. She thought bright line items would warrant public discussion, and she felt it was important to bring the Council along with the JDA and get public input. The JDA is currently deciding short and long-term goals. They don't have a roadmap developed yet. She is keeping her eye on when/how/if they need to have an environmental energy committee. Councilmember Rousseau asked about the logistics of putting an open house together. Mayor Grant said if it was a JDA open house the County would participate, if it was a City open house then City staff and Council would put it on. Councilmember Rousseau asked if there had been previous talk of utilizing an ad -hoc committee to review financial documents. Mayor Grant thought it had been talked about, and there is an external consultant that does financials for the JDA to review, but it would be good for residents to review those financials. ARDEN HILLS CITY COUNCIL WORK SESSION — FEBRUARY 21, 2023 7 You have to make sure you cover costs and have benefits. It would be good to have residents weigh in early in the process so the final outcome is more likely to reflect their desires. Councilmember Holden said right now the JDA is in the process of planning and she was asking they have transparency going into the agreement, and to have the residents become involved throughout the process while they are laying it out. Councilmember Fabel said the important thing to remember is that it is a partnership between the City of Arden Hills and Ramsey County, representing the same people. They won't be breaking off with the City doing this and the County doing that, they'll be working together. Councilmember Monson felt they could be partners and bring the public along. Councilmember Holden stated the County will be responsible for one item once TCAAP is developed and that is the spine road, everything else will be the liability of the citizens of Arden Hills. Mayor Grant wondered how they would know what the bright line items are without inviting the resident's input. Councilmember Monson said the JDA will make a plan, be able to define specific things, define the appropriate time to have an open house, and there is time at the JDA meetings for public comment. Councilmember Rousseau said she would appreciate it if they would work with the other JDA representative to let them know there is an appetite for some kind of roadmap to identity key areas and a possible joint public event. Mayor Grant asked how many subcommittee meetings have already been held. City Administrator Perrault said there haven't been any actual advisory committee meetings, but City staff had a phone call with County staff to talk about the upcoming agenda for the advisory committee meeting. The advisory committee is Councilmember Fabel, Commissioner Frethem and staff from the City and County. G. Ordinance Review for Home Improvement Discussion City Administrator Perrault stated this item was requested by a councilmember to be put on the agenda. It was communicated to staff the renovations to homes can be difficult due to the "restrictive" ordinances in the city. Staff looked at some of the variances that have been approved and denied over the last three years. Four were approved, one was not. Staff had also heard that corner lot setbacks have proven difficult. Staff is happy to do a deeper dive into sections of the ordinance and bring it back to the Council if they find things that are cumbersome or restrictive as compared to other cities. Councilmember Holden said that because Arden Hills isn't on a grid system, different ordinances have different effects on different neighborhoods. ARDEN HILLS CITY COUNCIL WORK SESSION — FEBRUARY 21, 2023 8 Councilmember Monson said she was the one that requested this to be on the agenda. She felt they should make it easier for people to improve the value of their homes. She would like to see a public hearing or survey to hear what their concerns are. Some businesses are concerned about things like lighting, which would be a separate list. If there is support she'd like to see a plan made about the scope and cost. Councilmember Rousseau said they didn't request a variance when remodeling the exterior of their home but she had interest in comparing our ordinances to other cities. Mayor Grant said he brought up the corner lot issue. Code was changed in the 1980s and potentially not a good thing. Property owners have rights but it needs to be balanced with infringing on neighbors' rights. He felt they could look at areas of concern, businesses are different but that could be looked at as well, specifically lighting requirements. Councilmember Monson noted that she'd like to have the Planning Commission be involved in this. Councilmember Holden would like to see past projects, like infill, come before this. Mayor Grant suggested they start with potential changes to residential code, look for issues of frequent variances. City Administrator Perrault felt they could use a multi -phase approach, with setbacks potentially discussed next month, and floor area ratios. He proposed looking at some of the easy setbacks first and possibly plan for some kind of survey. Mayor Grant requested the infill project be included. Councilmember Fabel wondered if people who work with codes such as realtors, builders and home improvement contractors could be involved. Community Development Director Jagoe said some of the other ordinances on her list are infill development, short term rentals, signage, amendments to the fence ordinance, accessory structures and evcharging stations. Councilmember Holden asked if sight lines would be included. Community Development Director Jagoe said that would be part of infill, which would also include land disturbance, inconsistency between ordinance language, height of buildings, tree clearing and character of the neighborhood. Council directed staff to bring back what other cities have for setbacks as a starting point and also discuss priorities for future code revisions. H. Climate Action Roadmap Discussion Councilmember Monson stated she was looking for enough consent for staff to look at what the City is doing on a sustainable nature and climate resiliency. The end goal would be a climate ARDEN HILLS CITY COUNCIL WORK SESSION — FEBRUARY 21, 2023 9 action plan which is a massive undertaking. She was recommending to lay out what we have today and what we could do to start moving toward a climate action plan. Councilmember Rousseau said Ramsey County is putting a climate action plan together and she was at a meeting where they were talking about transportation. She wondered if we didn't have a plan in place if that would impact future opportunities for financing or partnering on projects. Councilmember Holden said it is possible that it could be a negative when applying for grants. Her concern is how a state like California has mountains of solar panels in the waste stream because there is nowhere for them to go, so swapping one problem for another. Mayor Grant added as another example of not thinking ahead that the state of California built two very large desalination plants that aren't in operation because the salt negatively affected the marine life when they put it back into the ocean. Councilmember Holden suggested we look at other cities and not re -invent the wheel. Councilmember Rousseau would also be interested to know if the State, or MnDOT were doing them so they could find out what key areas they are looking at. Councilmember Monson noted the State just came out with their plan. City Administrator Perrault stated that it would be simple enough to get other plans but moving forward with staff may be an issue and may need to involve consultants. Council directed staff to gather what nearby City's have for climate roadmaps and report back to Council. I. Northeast Youth and Family Services (NYFS) Discussion Mayor Grant said they could possibly choose to rejoin and get a prorated fee for this year. Councilmember Holden said there are several other companies and non-profit organizations with sliding scales or free help that do the same work. Mayor Grant added that he gets requests for donations from similar organizations and some of them are in the area. He noted that according to information from NYFS, $64,000 of care was provided at low or no cost to clients. The City's share is $22,000 and if they added up the other cities contributions it would be around $300,000 so he felt they were being funded well beyond the low or no cost care. Councilmember Holden said she was also surprised the NYFS hasn't asked the Ramsey County Sheriff Department to be on the board as the official police force of Arden Hills. Councilmember Rousseau was interested in having the CEO come to talk to the Council so they could ask about the numbers, including the senior program. Councilmember Fabel said he said something like 30% of adolescent girls are considering suicide or having destructive thoughts. He looks at the list of municipalities involved and it is ARDEN HILLS CITY COUNCIL WORK SESSION — FEBRUARY 21, 2023 10 noticeable that Arden Hills is missing from the list of partners. He felt the City should participate with the organization. Mayor Grant noted that Arden Hills was a founding member of the organization. He agreed they could invite the CEO to speak at one of the next work sessions. J. No Mow May Discussion Mayor Grant said there have been some issues in other cities with some residents not coming into compliance and asked whether or not the City should participate. Councilmember Holden thought she had heard that a city was changing their end date to May 20. She thought it was a great idea last year but then it rained a lot the last week of May and everyone's grass sprung up. Councilmember Monson asked if the City would maintain parks, fields, boulevards etc.? Public Works Director/City Engineer Swearingen said they would have to set parameters of what would be expected of Public Works staff. Councilmember Monson supported No Mow May, but thought the City could find areas that they could forgo mowing. Public Works Director/City Engineer Swearingen said staff would also need to figure out how to dispose of the excess grass material that would be cut after the month was over. Mayor Grant said they could implement No Mow May for residents and businesses but the city would still do as normal for ball fields, parks etc. so the city doesn't look unkept. Councilmember Holden said it is also during tick season and the taller grass could make that more of an issue. Councilmember Rousseau supported No Mow May and thought staff would have to use their best judgement. Mayor Grant noted the City went silent on it last year, he didn't think they wanted to provide signs, it could get promoted in the newsletter. City Administrator Perrault said it wasn't a public requested event, but that other cities were doing it. After further discussion it was decided a resolution would be brought forth to the Council to allow No Mow May for residents and businesses, no signs would be issued, no enforcement would happen between May 1 and June 10, and the City will mow its properties. ARDEN HILLS CITY COUNCIL WORK SESSION — FEBRUARY 21, 2023 11 K. Gathering Place Parking Lot Discussion City Administrator Perrault gave a brief history of the parking lot and the agreement with the church. The parking lot is privately owned. In previous discussions the city would be willing to split the cost and give the church a payment plan, in return they would turn over about 30% of the property into green space. The church would like to retain ownership of the greenspace for the life of the agreement. The City would pay the church for plowing each year and provide maintenance to the lot. The church would also like a low interest rate, possibly 2% over 20 years. Councilmember Holden noted the church had defaulted on their contract and hadn't maintained it, and now they want the City to pay for a private entities parking lot. She felt the City should get the property or not pave the parking lot. Mayor Grant asked what the City got out of the negotiations. City Administrator Perrault said the two changes were the church would maintain ownership of the green space and get a lower interest rate. The benefit to the City would be to have a functional parking lot for the park for $140,000. Mayor Grant wondered how much of the parking lot gets used by people going to the park. Councilmember Monson said she has seen it half full on weekends when there are soccer games. She didn't know how you could functionally arrive at the park if the parking lot wasn't available. She thought it would be nice if the city could own the piece and turn it to green space or make it into our own parking lot. She didn't feel comfortable getting into another long-term contract with a partner that didn't maintain the lot. Councilmember Rousseau asked if the construction costs may increase. Public Works Director/City Engineer Swearingen said he was fairly confident in the current estimate but would know more once the bidding process gets underway. Councilmember Rousseau wondered what would happen if the Gathering Place sold the property. Mayor Grant thought the cost of reconstructing the parking lot could be potentially more than $280,000. Councilmember Monson asked if the City had ever offered to purchase part of the property. City Administrator Perrault said they hadn't offered to purchase a portion, only for the 28% to be given to the City. Councilmember Monson asked if they could have a new proposal saying the City would buy a portion of the lot and not repave the rest of the lot. Councilmember Holden felt we were technically buying it by fixing the lot, and by doing so we're spending that amount for less than an acre of land. ARDEN HILLS CITY COUNCIL WORK SESSION — FFBRUARY 21, 2023 12 Councilmember Fabel said we know we need a parking lot for the park, he thought we should pay for half with the church and get it done. Councilmember Holden was surprised the church wanted a loan from the City because she felt they were amply funded. Mayor Grant agreed that for the money the City is spending we should own part of the parking lot. City Administrator Perrault asked for clarification on what the Council would like staff to present to the church. Councilmember Monson thought it would be interesting to get a tax value of the part of the lot the City would like to own. Further discussion ensued regarding the interest rate of the loan. Staff was directed to renegotiate with the Gathering Place. L. JDA Chair Interview and Selection Process City Administrator Perrault noted that applications close on February 24. Mayor Grant said the last process involved the Council interviewing the applicants, he proposed they do it again. After further discussion it was decided to schedule the interviews prior to the March 13 regular meeting, or to have a special meeting immediately after the interviews to approve the candidate. Staff would coordinate the interviews with the candidates and Council. M. Future Council Meeting Processes City Administrator Perrault stated this item was brought forth by a Councilmember to discuss the time of future work sessions and the process for agenda setting. Councilmember Fabel felt the Mayor had failed to do what he said he would do, which was put an item on the agenda if a councilmember requested it. He felt any one of them should be able to bring anything forward to the agenda if they wanted to and there should be a process. At the last meeting two items were removed from the agenda because they hadn't been given advance notice of what those items were. He'd also like to have work sessions start at 4:00 to get everyone home earlier at night, save the City money being spent on food, and they could be done at 7:00 p.m. Mayor Grant noted that he always asks if anyone has corrections or additions to the agenda, at which point anyone could request an addition. He asks to have items funneled through him so he can coordinate items with the City Administrator. The only time he won't ask for corrections or additions is if it is a special meeting because by statute you can't change those agendas. Councilmember Monson was fine with the 4:00 pm start. She did feel it was odd to funnel agenda items through another councilmember. She thought adding an agenda item last minute ARDEN HILLS CITY COUNCIL WORK SESSION — FEBRUARY 21, 2023 13 poses challenges in case the public wanted to hear something on the topic but it wasn't on the agenda, and can also leave the other councilmembers without information for preparation. She felt best practice was to have the agenda set along with the pertinent information included prior to the meeting. Mayor Grant said it is very common for other cities' mayors to work with their city administrators to set agendas. Councilmember Holden said she has never known a mayor to not put something on the agenda that was requested. She's not able to attend a work session at 4:00, and felt it wouldn't be convenient for the public to attend. Mayor Grant said it's not impossible for him to be at a 4:00 meeting, but he'd prefer not. Councilmember Monson was fine with leaving the meeting at 5:00. She felt the roundabout item that Councilmember Holden put on the last regular agenda would have been more appropriate to have on a work session agenda. Councilmember Holden said she felt it was appropriate on the regular agenda. She wanted to bring her knowledge forward and share, but it was clear that it wasn't welcome, so she pulled it from this agenda. She felt she was being rational by putting it on the agenda but wasn't allowed a chance to speak to it. Mayor Grant said it would appear work session meetings would remain at 5:00. Council directed not to change the meeting time and leave the agenda process as is. N. Council Tracker Not discussed. 4. COUNCIL/STAFF COMMENTS Councilmember Rousseau said she hopes to talk about the agenda for the council retreat at the next meeting. Councilmember Holden noted that it was hard to hear at the end of the last meeting due to paper being crinkled. Councilmember Fabel apologized, he wasn't aware he was making so much noise with his papers. City Administrator Perrault stated for voting starting at the next regular meeting he will start with a random person and then rotate down the dais; the first person to vote will be random each meeting. Mayor Grant thanked Councilmember Rousseau for running the last council meeting. ARDEN HILLS CITY COUNCIL WORK SESSION — FEBRUARY 21, 2023 14 ADJOURN Mayor Grant adjourned the City Council Work Session at 7:49 p.m. Jolene Trauba Deputy City Clerk David Grant Mayor -ARQEN_HILLS Approved: March 13, 2023 [DRAFT---,, CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL MEETING MARCH 7, 2023 IMMEDIATELY FOLLOWING JOINT DEVELOPMENT AUTHORITY (JDA) CHAIR INTERVIEWS ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the Special City Council meeting at 7:18 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Fabel moved and Councilmember Monson seconded a motion to approve the meeting agenda as presented. The motion carried (5-0). 2. NEW BUSINESS A. Appointment of Joint Development Authority (JDA) Chair City Administrator Perrault stated that the Council had conducted interviews of the two candidates, Paul Vijums and Jonathan Wicklund, immediately prior to the special City Council meeting. He indicated that Council could have more discussion or make a motion for approval for the appointment of a candidate to the position of JDA Chair for a term ending December 31, 2024. MOTION: Councilmember Fabel moved and Councilmember Monson seconded a motion to approve appointment of Jonathan Wicklund as the Joint Development Authority (JDA) Chair for a term ending December 31, 2024. A roll call vote was taken. The motion carried 3-2 (Mayor Grant and Councilmember Holden opposed). ARDEN HILLS CITY COUNCIL — MARCH 7, 2023 2 2. COUNCIL COMMENTS ADJOURN MOTION: Councilmember Fabel moved and Councilmember Rosseau seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Special City Council Meeting at 7:21 p.m. Julie Hanson City Clerk David Grant Mayor I't -Ai DEENHILLS MEMORANDUM DATE: March 13, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst SUBJECT: Claims and Payroll Listing Budgeted Amount: Actual Amount: N/A N/A memo Council Should Consider Motion to approve, table or deny the following: • Claims and Payroll Listing All items need a simple majority for action unless otherwise noted. CONSENT ITEM 7A Funding Source: N/A Background Payroll is processed biweekly and accounts payable is processed weekly. Budget Impact N/A Attachments 2023 Payroll #4 2023 Payroll #5 Paid Claims - 02/04/2023-03/03/2023 (Check Nos. 51585-51636 and ACH Checks) Total Payroll $94,537.43 $128,479.64 $223,017.07 $1,289,322.63 Total Accounts Payable $1,289,322.63 Total Claims $1,512,339.70 CITY OF ARDEN HILLS PAYROLL # 4 CHECKS DATED: Biweekly: 02/17/23 01/28/23 - 02/10/23 EMPLOYEE DEDUCTIONS I AMT. I CITY BENEFIT Payment Method FIT 1 7,162.791 EFT EFT EFT EFT A/P Check* A/P Check* A/P Check* A/P Check* FICA Oasdi 1 4,932.531 4,932.53 FICA Medicare 1 1,153.581 1,153.58 SIT 1 3,297.251 TOTAL TAXES 1 16,546.151 6,086.11 Health Premium 1,544.47 0.00 Dental Premium 67.32 0.00 FSA Health Care Reimb. 0.00 FSA Dependent Care Reimb. 0.00 TOTAL FLEXIBLE SPENDING 1 1,611.791 0.00 HSA Health Saving 1,161.441 0.00 EFT TOTAL HEALTH SAVINGS 1 1,161.441 0.00 EFT EFT A/P Check* EFT EFT A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* ERA 4,888.27 5,640.33 MA 3,109.09 447.42 'entral Pension Fund -Union 1,536.00 IN State Retirement S stem 1,305.79 'OTAL RETIREMENT 10,839.151 6,087.75 ,FLAC 22.76 ife/Addl/Dep Life 47.59 0.00 ife/Addl non -tax 10.60 TD/STD Insurance 0.00 ERA Life Insurance 32.00 JOE 49 Dues Union 140.00 INUM 19.51 'OTAL VOLUNTARY 1 272.461 0.00 Total Employee Deductions 30,430.99 Net Payroll 0.00 Direct Deposit 51,932.58 Gross Payroll Tie -Out 82,363.57 Plus City Paid Benefit 12,173.86 TOTAL PAYROLL COST 94,537.43 FICA TIE -OUT Gross Payroll 82,363.57 Less Total FSA 1,611.79 Less Total H.SA 1,161.44 Less Voluntary Ins 33.36 Net P/R Subject to FICA 79,556.98 FICA Oasdi 6.20% 4,932.53 FICA Medicare @ 1.45% 1,153.58 EFT Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax Deposit Service. Transfers are typically made up to two days after the payroll date. * A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report. Checks may be paid this week or the following week. CITY OF ARDEN HILLS PAYROLL # 5 CHECKS DATED: Biweekly: 03/03/23 02/11/23 - 02/24/23 EMPLOYEE DEDUCTIONS I AMT. I CITY BENEFIT I Payment Method FIT 1 8,281.831 EFT FICA Oasdi 5,335.891 5,335.89 EFT FICA Medicare 1,247.931 1,247.93 EFT SIT 1 3,714.611 EFT h Premium a1 Premium Health Care Reimb. Dependent Care Reimb. 1,544.47 67.32 0.00 0.00 1,161.44 304.83 A/P Check* 737.24 A/P Check* A/P Check* A/P Check* 1,375.00 I EFT IITOTAL HEALTH SAVINGS I 1,161.441 1,375.00 I ral Pension Fund -Union State Retirement Systen 'AL RETIREMENT ife/Addl/Dep Life ife/Addl non -tax TD/STD Insurance ERA Life Insurance JOE 49 Dues (Unit 5,254.60 3,147.71 1,536.00 1,305.79 11.244.10 22.76 47.59 10.60 1,304.22 32.00 140.00 19.51 Total Employee Deductions 34,174.27 Net Payroll 0.00 Direct Deposit 54,695.14 Gross Payroll Tie -Out 88,869.41 Plus City Paid Benefit 39,610.23 TOTAL PAYROLL COST 128,479.64 FICA TIE -OUT Gross ayroll 88,869.41 Less Total FSA 1,611.79 Less Total H.SA 1,161.44 Less Voluntary Ins 33.36 Net P/R Subject to FICA 86,062.82 FICA Oasdi 6.20% 1 5,335.89 FICA Medicare @ 1.45% 1 1,247.93 063.02 EFT 447.42 EFT A/P Check* EFT 510.44 EFT 98.90 IA/P Check* A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* EFT Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax Deposit Service. Transfers are typically made up to two days after the payroll date. * A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report. Checks may be paid this week or the following week. Accounts Payable Checks by Date - Detail by Check Date User: pang.silseth Printed: 3/2/2023 4:05 PM Check No Vendor No Vendor Name Invoice No Description ACH 0022 020223 ACH 0189 3010189 3010189 3010189 ACH 0192 9586632680 9592010491 9592010491 9592132626 9592531801 9594109556 9594129984 ACH 0243 0001151423 ACH 0292 0003545277 ACH 0319 0231541 ACH 0320 009592801018 009592801018 ACH 0327 3528532113 r` ----Aj� EN HiiLLs Check Date Reference THOMAS MIKACEVICH 02/10/2023 Reimbursement -Clothing Allowance Total for this ACH Check for Vendor 0022: GOPHER STATE ONE CALL 02/10/2023 January Locates Locates January Locates Locates January Locates Locates Total for this ACH Check for Vendor 0189: GRAINGER INC 02/10/2023 fire extinguisher cover bit holder wiper blades LED bulbs digital clamp meter air filter air filter Total for this ACH Check for Vendor 0192: METROPOLITAN COUNCIL -WASTE WE 02/10/2023 Waste Water -March Total for this ACH Check for Vendor 0243: OXYGEN SERVICE COMPANY INC 02/10/2023 January Rental Total for this ACH Check for Vendor 0292: CITY OF ROSEVILLE 02/10/2023 Q4, 2022 Water Purchase Total for this ACH Check for Vendor 0319: HEALTH PARTNERS INC 02/10/2023 March Insurance March Insurance Total for this ACH Check for Vendor 0320: STAPLES INC 02/10/2023 supplies Total for this ACH Check for Vendor 0327: ACH 0413 NEWMAN SIGNS INC 02/10/2023 TRFINV045083 Street Signs Check Amount 163.96 17.55 17.55 14.32 20.55 69.42 519.20 228.10 12.82 32.55 32.55 16,262.22 840.01 AP Checks by Date - Detail by Check Date (3/2/2023 4:05 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 0413: 840.01 ACH 0731 MIDWAY FORD 02/10/2023 752531 Parts #85215 1,341.03 756511 Parts #85215 34.96 756659 Part #85215 34.73 Total for this ACH Check for Vendor 0731: 1,410.72 ACH 0922 NINENORTH 02/10/2023 2023-005 January Production 838.83 Total for this ACH Check for Vendor 0922: 838.83 ACH 10343 TIM BEEBE 02/10/2023 Reimbursment-Clothing Allowance 239.94 Total for this ACH Check for Vendor 10343: 239.94 ACH 10363 MINUTE MAKER SECRETARIAL 02/10/2023 M1626 January CC Meeting Minutes 1,111.25 Total for this ACH Check for Vendor 10363: 1,111.25 ACH 10476 TWIN CITIES COMMERCIAL CLEANEI 02/10/2023 0223TI12 January Janitorial Services 1,933.83 Total for this ACH Check for Vendor 10476: 1,933.83 ACH 1115 WSB & ASSOCIATES INC 02/10/2023 R-021904-000-1 2023 Datafi Subscription 3,600.00 Total for this ACH Check for Vendor 1115: 3,600.00 ACH 5665 METERING & TECHNOLOGY SOLUTI( 02/10/2023 INV1627 M120 Meter-3240 Shoreline 881.00 INV1627 M120 Meter-3240 Shoreline 15.50 Total for this ACH Check for Vendor 5665: 896.50 ACH 6060 BATTERIES PLUS 02/10/2023 P59467663 Battery for Camera Trailer 116.95 Total for this ACH Check for Vendor 6060: 116.95 ACH 6077 CIVICPLUS 02/10/2023 252732 2023 Annual Fee 7,852.48 Total for this ACH Check for Vendor 6077: 7,852.48 ACH 7501 KELLY & LEMMONS PA 02/10/2023 60025 January Prosecution 3,880.00 Total for this ACH Check for Vendor 7501: 3,880.00 ACH 8032 PACE ANALYTICAL FIELD SVC INC 02/10/2023 1223-6850 January Drinking Water 1,143.50 Total for this ACH Check for Vendor 8032: 1,143.50 ACH ALPI ALLEGRA PRINT & IMAGING INC 02/10/2023 020323 Jan/Feb Newsletter Postage 910.62 AP Checks by Date - Detail by Check Date (3/2/2023 4:05 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 168516 Business Cards -ER 141.50 Total for this ACH Check for Vendor ALPI: 1,052.12 ACH TOII TOKLE INSPECTIONS INC 02/10/2023 020123 January Electrical Inspections 14,042.40 Total for this ACH Check for Vendor TOII: 14,042.40 51585 AMFI AMERICAN FIRE & SAFETY 02/10/2023 22281 2023 Fire Extinguisher Annual Maintenance -CH 99.25 22282 2023 Fire Extinguisher Annual Maintenance-Shc 509.85 Total for Check Number 51585: 609.10 51586 0131 BEISSWENGERS DO IT BEST 02/10/2023 685588 felling wedge 17.98 685880 misc supplies 15.74 Total for Check Number 51586: 33.72 51588 UB*00629 JACOB or HILARY CODER-DOLNEY 02/10/2023 Refund Check 011864-000, 4485 Arden View C 210.14 Total for Check Number 51588: 210.14 51589 1033 COMCAST 02/10/2023 101030.0223 Service 2/3-3/2 108.35 98681.0223 Service 2/5-3/4 111.32 Total for Check Number 51589: 219.67 51590 0447 LU.O.E LOCAL 49 BENEFIT FUND-INSI 02/10/2023 BP3.0323 March Insurance 11,360.00 N134.0323 March Insurance 1,602.00 Total for Check Number 51590: 12,962.00 51591 0390 INT'L UNION OPERATING ENGINEERS 02/10/2023 1200.0223 February Dues 280.00 Total for Check Number 51591: 280.00 51592 10448 MARCO TECHNOLOGIES LLC 02/10/2023 493317630 Service 2/25-3/25 35.36 493317630 Service 2/25-3/25 200.35 Total for Check Number 51592: 235.71 51593 10523 METRO-INET 02/10/2023 1053 February IT Support 8,838.00 1099 Adobe InDesign 73.00 Total for Check Number 51593: 8,911.00 51594 3100 PROVIDENT LIFE AND ACCIDENT INS 02/10/2023 E0471136.0123 January Insurance 39.02 Total for Check Number 51594: 39.02 51595 0811 RAMSEY COUNTY 02/10/2023 EMCOM-010601 Fleet Support -January 24.96 EMCOM-010637 CAD Services -January 800.84 AP Checks by Date - Detail by Check Date (3/2/2023 4:05 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference EMCOM-010653 Dispatch Services -January 4,927.26 PUBW-020062 Bulk Road Salt -Nov & Dec 2022 16,407.16 PUBW-020071 Lexington Ave Reconst thrul2/31/22 272,785.33 PUBW-020071 Lexington Ave Reconst thru12/31/22 -13,639.26 Total for Check Number 51595: 281,306.29 51596 7064 ROTARY CLUB OF ARDEN HILLS-SHO 02/10/2023 2314 Q1 2023 Dues 127.50 Total for Check Number 51596: 127.50 51597 9111 SAFE ASSURE CONSULTANTS INC 02/10/2023 3288 2023 Safety Training 2,394.93 Total for Check Number 51597: 2,394.93 51598 3099 TRI STATE BOBCAT INC-LITTLE CANT 02/10/2023 A16021 parts #85214 277.42 Total for Check Number 51598: 277.42 51599 9075 VINCO INC 02/10/2023 2110-823023.03 LS-10 Rehabilitation Project Pmt3 3,750.00 2110-823023.03 LS-10 Rehabilitation Project Pmt3 6,267.50 Total for Check Number 51599: 10,017.50 Total for 2/10/2023: 694,499.73 ACH 0022 THOMAS MIKACEVICH 02/17/2023 02102023 Tools for #85220 225.82 Total for this ACH Check for Vendor 0022: 225.82 ACH 0285 XCEL ENERGY 02/17/2023 813980883 Service:12/14-1/18 1,438.04 813980883 Service:12/14-1/18 1,873.07 813980883 Service:12/14-1/18 274.97 813980883 Service:12/14-1/18 2,057.31 813980883 Service:12/14-1/18 3,537.94 813980883 Service:12/14-1/18 67.34 813980883 Service:12/14-1/18 2,978.88 Total for this ACH Check for Vendor 0285: 12,227.55 ACH 0327 STAPLES INC 02/17/2023 3529386348 Supplies 15.78 3529643404 Supplies 29.18 3529643404 Supplies 89.24 Total for this ACH Check for Vendor 0327: 134.20 ACH 0382 MISSIONSQUARE #106944 02/17/2023 PR 23-04 PR Batch 00200.02.2023 ICMA Employee Percc PR Batch 00200.02.2023 ICN 387.76 PR 23-04 PR Batch 00200.02.2023 ICMA Employer Perce PR Batch 00200.02.2023 ICN 447.42 Total for this ACH Check for Vendor 0382: 835.18 ACH 0387 MISSIONSQUARE #302482 02/17/2023 PR 23-04 PR Batch 00200.02.2023 ICMA Employee Perce PR Batch 00200.02.2023 ICN 218.33 AP Checks by Date - Detail by Check Date (3/2/2023 4:05 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference PR 23-04 PR Batch 00200.02.2023 ICMA Employee Dedu PR Batch 00200.02.2023 IC1K 2,503.00 Total for this ACH Check for Vendor 0387: 2,721.33 ACH 1125 BOLTON & MENK INC 02/17/2023 0305586 2022 PMP Snelling Ave 320.00 Total for this ACH Check for Vendor 1125: 320.00 ACH 1252 CAMPBELL KNUTSON - ATTORNEYS 2 02/17/2023 3231G-0123 January Legal 310.00 3231G-0123 January Legal 67.20 3231G-0123 January Legal 3,735.50 3231G-0123 January Legal 1,457.00 3231G-0123 January Legal 248.00 Total for this ACH Check for Vendor 1252: 5,817.70 ACH 5587 CES IMAGING INC 02/17/2023 INV148386 February Rental 60.00 Total for this ACH Check for Vendor 5587: 60.00 ACH 6129 FAST SIGNS INC 02/17/2023 204-59816 nameplates 75.00 Total for this ACH Check for Vendor 6129: 75.00 ACH 6555 TKDA INC 02/17/2023 002023000317 Arden Oaks Improvements -January 148.20 Total for this ACH Check for Vendor 6555: 148.20 ACH 7508 MED COMPASS 02/17/2023 42753 Annual Hearing Test 87.50 Total for this ACH Check for Vendor 7508: 87.50 ACH ALPI ALLEGRA PRINT & IMAGING INC 02/17/2023 02162023 Winter Rec Guide Postage 910.52 Total for this ACH Check for Vendor ALPI: 910.52 51600 UB*00630 550 ASSOCIATES 02/17/2023 Refund Check 002741-000, 4605 Prior Avenue 1 43,583.02 Total for Check Number 51600: 43,583.02 51601 2597 AARP 02/17/2023 020823 AARP Driver Safety Course 2/8/23 165.00 Total for Check Number 51601: 165.00 51602 10483 CENTRAL PENSION FUND 02/17/2023 401333.0123 January Apprenticeship Fund 320.00 Total for Check Number 51602: 320.00 51603 10244 COMCAST BUSINESS INC 02/17/2023 165480594 February Service 494.18 Total for Check Number 51603: 494.18 AP Checks by Date - Detail by Check Date (3/2/2023 4:05 PM) Page 5 Check No Vendor No Invoice No Vendor Name Check Date Description Reference Check Amount 51604 UB*00632 EDWARD GRIFFIN 02/17/2023 Refund Check 001669-000, 3125 Ridgewood Ri 64.34 Total for Check Number 51604: 64.34 51605 10218 HR GREEN INC 02/17/2023 160134 P8 Modeling -January 2,618.00 Total for Check Number 51605: 2,618.00 51606 0495 LAKE JOHANNA FIRE DEPARTMENT I 02/17/2023 869 2022 Capital Reimb-Medical Supplies/Bags 698.89 Total for Check Number 51606: 698.89 51607 UB*00631 OPENDOOR PROPERTY TRUST 1 02/17/2023 Refund Check 013003-000, 1538 Briarknoll Cir 174.76 Total for Check Number 51607: 174.76 51608 1208 PREMIUM WATERS INC 02/17/2023 610207-01-23 January Water 29.50 613317-01-23 January Water 83.20 51609 0811 RAMSEY COUNTY FLEET-000786 Fuel Purchase -January SHRFL-002118 Law Enforcement -January SHRFL-002125 Law Enforcement -February 51610 SRFC SRF CONSULTING GROUP INC 14320.00-13 MVHS Trail -January 51611 10354 ST. PAUL PIONEER PRESS 0123572589 PC 22-023 #616 3565 Pine Tree Dr 51612 1300 UNIFIRST CORPORATION 090 0740260 December Mats 51613 9755 VERIZON CONNECT NWF INC OSV000002978320 January Service ACH 0192 GRAINGER INC 9603373995 Supplies 9605782045 Supplies Total for Check Number 51608: 02/17/2023 Total for Check Number 51609: 02/17/2023 Total for Check Number 51610: 02/17/2023 Total for Check Number 51611: 02/17/2023 Total for Check Number 51612: 02/17/2023 Total for Check Number 51613: Total for 2/17/2023: 02/24/2023 Total for this ACH Check for Vendor 0192: 7,061.89 120,856.63 120,856.63 248,775.15 339.99 339.99 337,719.42 79.64 353.50 AP Checks by Date - Detail by Check Date (3/2/2023 4:05 PM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0210 KATH FUEL OIL SERVICE CO 02/24/2023 765382 Engine Oil and Grease 197.23 Total for this ACH Check for Vendor 0210: 197.23 ACH 0453 CONTINENTAL RESEARCH CORP 02/24/2023 0042228 Cleaner and Degreaser 390.00 Total for this ACH Check for Vendor 0453: 390.00 ACH 0750 VERIZON WIRELESS 02/24/2023 9927411923 Service 2/11-3/10 1,120.51 Total for this ACH Check for Vendor 0750: 1,120.51 ACH 1408 SUPPLY SOLUTIONS LLC 02/24/2023 40383 Supplies 344.27 Total for this ACH Check for Vendor 1408: 344.27 ACH 2490 CORE & MAIN LP 02/24/2023 S344145 Coupling 378.90 S344152 Ball Curb Stop 172.21 Total for this ACH Check for Vendor 2490: 551.11 ACH 3096 AUTO PLUS 02/24/2023 391139320 Supplies 16.60 Total for this ACH Check for Vendor 3096: 16.60 ACH 5518 KORTERRA INC 02/24/2023 23236 Annual Service Fee 2/1/23-1/31/24 3,100.00 Total for this ACH Check for Vendor 5518: 3,100.00 ACH 6009 ZIEGLER INC 02/24/2023 IN000872825 filters #85216 117.21 IN000876938 Engine Oil 39.04 Total for this ACH Check for Vendor 6009: 156.25 ACH 6060 BATTERIES PLUS 02/24/2023 P59930205 Battery #85113 162.95 Total for this ACH Check for Vendor 6060: 162.95 ACH 7025 ON SITE COMPANIES -OSSTC INC 02/24/2023 0001489968 Restrooms 2/18-3/17 341.00 Total for this ACH Check for Vendor 7025: 341.00 51614 2597 AARP 02/24/2023 0214223 AARP Driver Safety 2/14/2023 310.00 Total for Check Number 51614: 310.00 51615 10200 BADGER STATE INSPECTION LLC 02/24/2023 1001124 #355 AT&T LTE Inspection 1,900.00 Total for Check Number 51615: 1,900.00 51616 0131 BEISSWENGERS DO IT BEST 02/24/2023 AP Checks by Date - Detail by Check Date (3/2/2023 4:05 PM) Page 7 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 687163 Bar Oil 49.18 687496 Supplies 61.96 Total for Check Number 51616: 111.14 51617 1033 COMCAST 02/24/2023 44271.0323 Service 2/21-3/20 6.51 Total for Check Number 51617: 6.51 51618 1193 FURTHER INC 02/24/2023 16387528 Februrary Participation Fee 56.25 Total for Check Number 51618: 56.25 51619 10218 HR GREEN INC 02/24/2023 160235 General Engineeringr-January 1,496.25 160235 State Aid Traffic Counts -January 360.00 160235 Old Snelling Trail Funding -January 2,651.50 160236 #656 Launch Properties 940.00 160393 Floral Park -January 12,145.50 160393 Arden Manor -January 9,607.00 Total for Check Number 51619: 27,200.25 51620 0495 LAKE JOHANNA FIRE DEPARTMENT I 02/24/2023 873 2023 Cap Reimb-Tire Replacement 1,484.97 876 2022 Cap Reimb-Network Access Devices 2,078.31 Total for Check Number 51620: 3,563.28 51621 5443 METRO PRODUCTS INC 02/24/2023 172113 Supplies 212.50 Total for Check Number 51621: 212.50 51622 10486 MINNESOTA METRO NORTH TOURIST 02/24/2023 021323 SpringHill Suites January Lodging Tax 6,256.91 022123 Quality Inn January Lodging Tax 1,312.90 Total for Check Number 51622: 7,569.81 51623 0600 NCPERS GROUP LIFE INS 02/24/2023 315800032023 March Insurance 64.00 Total for Check Number 51623: 64.00 51624 0155 OFFICE OF MN IT SERVICES 02/24/2023 W23010553 January Phones 750.32 Total for Check Number 51624: 750.32 51625 1074 PRECISION LANDSCAPE & TREE INC 02/24/2023 86273 Tree Removal-4242 Norma Ave 600.00 Total for Check Number 51625: 600.00 51626 0811 RAMSEY COUNTY 02/24/2023 FLEET-000790 Parts -January 5,536.63 FLEET-000790 Repairs -January 4,772.10 PRMG-004914 PW Rental Space -March 5,160.53 PRMG-004914 PW Rental Space -March 1,146.78 AP Checks by Date - Detail by Check Date (3/2/2023 4:05 PM) Page 8 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference PRMG-004914 PW Rental Space -March 2,580.26 PRMG-004914 PW Rental Space -March 2,580.26 PUBW-020083 Emergency Pre-Emp System July -Dec 2022 368.99 Total for Check Number 51626: 51627 6748 RELIANCE STANDARD 02/24/2023 GL154938.0323 March Insurance 22,145.55 1,519.50 Total for Check Number 51627: 1,519.50 51628 1161 VALLEY -RICH CO INC 02/24/2023 31693 Watermain Repair 3363 Dunlap 4,556.00 Total for Check Number 51628: 4,556.00 Total for 2/24/2023: 77,298.53 ACH 0323 PRO-TEC DESIGN INC 02/27/2023 108670 Service to Security Card Reader System 653.16 Total for this ACH Check for Vendor 0323: 653.16 51629 10466 C&L EXCAVATING INC 02/27/2023 AR# 0046992 Hydrant Rental-2021 PMP -817.61 PW-21-0100 Pay6 2021 PMP Pmt 6 128,987.53 PW-21-0100 Pay6 2021 PMP Pmt 6 2,850.00 Total for Check Number 51629: 131,019.92 Total for 2/27/2023: 131,673.08 ACH ACH001 US BANK 02/28/2023 ARVIM22023 CARHARTT-Clothing Allowance 90.00 BAARS22023 THE HOME DEPOT #2828-Supplies 130.69 BAUMG22023 GFOA 2023 Dues 170.00 BAUMG22023 MN GFOA-2023 Dues 70.00 BAUMG22023 WILLSCOT MOBILE MINI -Warming House 2/ 985.00 BAUMG22023 MN GFOA-2023 Dues 70.00 BAUMG22023 AMZN MKTP US*DM9SL8193-Webcam 27.97 BAUMG22023 WILLSCOT MOBILE MINI -Warming House 1/ 985.00 CHRIM22023 MPCA-2023 Wastewater License 0.49 CHRIM22023 MPCA-2023 Wastewater License 23.00 CHRIM22023 AMAZON.COM*M57G40GE3 Clothing Reimb 39.99 FRIDJ22023 AMZN MKTP US*JS5C363J3-Supplies 21.98 FRIDJ22023 AMZN MKTP US*OPONH5WL3-Earbuds 153.99 FRIDJ22023 AMZN MKTP US*P38I20JB3-Heater 125.51 FRIDJ22023 U OF M CONTLEARNING-Training 75.00 HANSJ22023 THE STAR TRIBUNE Subscription 62.27 HANSJ22023 JIMMY JOHNS - CC Worksession 222.89 HANSJ22023 MN STATE COLLEGES-MCFOA Conference 395.00 HANSJ22023 FUSION LEARNING PARTNERS-RCLLG Rey 550.00 HANSJ22023 MN STATE COLLEGES-MCFOA Conference 305.00 MIKAT22023 ALATUS-Parking 16.20 MIKAT22023 METAL SUPERMARKETS -Supplies for #8522, 128.46 MIKAT22023 APPLE.COM/BILL-Icloud 0.99 MIKAT22023 PARTSTREE.COM-Supplies for #85113 140.60 MIKAT22023 METAL SUPERMARKETS -Supplies for #85221 31.99 AP Checks by Date - Detail by Check Date (3/2/2023 4:05 PM) Page 9 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference MIKAT22023 MENARDS BLAINE MN -Tools for #85220 92.03 MIKAT22023 MENARDS BLAINE MN -Supplies 171.87 MIKAT22023 THE HOME DEPOT -Tools 322.79 MOONJ22023 HOLIDAY STATIONS -Diesel Fuel 42.93 MOONJ22023 METAL SUPERMARKETS -Supplies 38.98 MOONJ22023 METAL SUPERMARKETS -Supplies 12.89 SWEAD22023 U OF M CONTLEARNING-Training 3/22/23 150.00 SWEAD22023 U OF M CONTLEARNING-Training 4/19/23 75.00 SWEAD22023 U OF M CONTLEARNING-Training 4/18/23 150.00 SWEAD22023 U OF M CONTLEARNING-Training 4/19/23 75.00 Total for this ACH Check for Vendor ACH001: 5,953.51 ACH ACH002 AFLAC 02/28/2023 719119 Insurance Premiums- Feb 2023 45.52 Total for this ACH Check for Vendor ACH002: 45.52 ACH ACH005 MINNESOTA REVENUE -SALES & USE 02/28/2023 12023 January Sales/Use Tax 11,353.30 12023 January Sales/Use Tax 0.70 12023 January Sales/Use Tax 33.15 12023 January Sales/Use Tax -0.15 Total for this ACH Check for Vendor ACH005: 11,387.00 ACH ACH007 QUADIENT FINANCE USA INC 02/28/2023 6418.0123 Postage 01/09/23 1,000.00 Total for this ACH Check for Vendor ACH007: 1,000.00 Total for 2/28/2023: 18,386.03 ACH 0327 STAPLES INC 03/03/2023 3530547581 Supplies 43.78 3530547582 Supplies 68.93 3530547583 Supplies 57.08 3530929388 Supplies -Return -19.99 Total for this ACH Check for Vendor 0327: 149.80 ACH 0382 MISSIONSQUARE #106944 03/03/2023 PR 23-05 PR Batch 00100.03.2023 ICMA Employer Perce PR Batch 00100.03.2023 ICN 447.42 PR 23-05 PR Batch 00100.03.2023 ICMA Employee Perce PR Batch 00100.03.2023 ICN 387.76 Total for this ACH Check for Vendor 0382: 835.18 ACH 0387 MISSIONSQUARE #302482 03/03/2023 PR 23-05 PR Batch 00100.03.2023 ICMA Employee Dedu PR Batch 00100.03.2023 ICN 2,503.00 PR 23-05 PR Batch 00100.03.2023 ICMA Employee Perce PR Batch 00100.03.2023 ICN 256.95 Total for this ACH Check for Vendor 0387: 2,759.95 ACH 0706 CERTIFIED LABORATORIES 03/03/2023 8107832 Supplies 604.35 Total for this ACH Check for Vcndor 0706: 604.35 ACH 10365 JENNIFER SHULL 03/03/2023 02272023 Reimb Postage: Diseased/Dead Tree Notices 233.29 AP Checks by Date - Detail by Check Date (3/2/2023 4:05 PM) Page 10 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 02272023 Mileage Reimbursement 5.24 Total for this ACH Check for Vendor 10365: 238.53 ACH 10470 BRANDON PATTERSON 03/03/2023 022423 Mileage Reimbursement-2/14-2/16 25.55 Total for this ACH Check for Vendor 10470: 25.55 ACH 10480 STEVE THORP 03/03/2023 022423 Mileage Reimbursement 2/13-2/17 25.55 Total for this ACH Check for Vendor 10480: 25.55 ACH 1125 BOLTON & MENK INC 03/03/2023 0300899 9/17/22-10/14/22 Planning Services 390.00 0300899 9/17/22-10/14/22 Planning Services 24.37 0300899 9/17/22-10/14/22 Planning Services 73.13 0306783 12/10/22-1/20/23 Planning Services 135.00 0306783 12/1/22-1/20/23 Planning Services 2,320.50 0306783 12/10/22-1/20/23 Planning Services 720.00 0306783 Planning 12/10-1/20 Delkor Systems #663 476.00 0306783 12/10/22-1/20/23 Planning Services 45.00 Total for this ACH Check for Vendor 1125: 4,184.00 ACH 5173 BADGER METER 03/03/2023 80121439 Cellular LTE Sery Units -February 140.60 Total for this ACH Check for Vendor 5173: 140.60 ACH 5493 JOLENE TRAUBA 03/03/2023 022423 February Mileage Reimbursement 39.04 Total for this ACH Check for Vendor 5493: 39.04 ACH 5593 AMERICAN LEGAL PUBLISHING COX 03/03/2023 23644 Ordinance 2023-01 27.00 Total for this ACH Check for Vendor 5593: 27.00 ACH 6129 FAST SIGNS INC 03/03/2023 204-59950 Nameplate 45.00 Total for this ACH Check for Vendor 6129: 45.00 ACH ALPI ALLEGRA PRINT & IMAGING INC 03/03/2023 168579 Jan/Feb Newsletter 2,333.76 Total for this ACH Check for Vendor ALPI: 2,333.76 51630 7804 BARTON SAND & GRAVEL CO 03/03/2023 230215 purchase 2/15/23 234.04 Total for Check Number 51630: 234.04 51631 CPF1 CENTRAL PENSION FUND SOURCE A 03/03/2023 184503.0223 February Pension 3,072.00 Total for Check Number 51631: 3,072.00 51632 0841 EHLERS & ASSOCIATES INC. 03/03/2023 93117 January Financial Services-TCAAP 6,975.00 AP Checks by Date - Detail by Check Date (3/2/2023 4:05 PM) Page 11 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 51632: 6,975.00 51633 10362 MARCO TECHNOLOGIES LLC 03/03/2023 INV IO920770 Copier Service 2/25-3/24 77.18 INV IO920770 Copier Service 2/25-3/24 13.62 51634 0257 02132023 51635 3099 A16327 A16329 A16490 A16574 A16826 51636 1300 0900751186 Total for Check Number 51633: MINNESOTA DEPT OF HEALTH 03/03/2023 Q1 2023 Water Connection Total for Check Number 51634 TRI STATE BOBCAT INC-LITTLE CANT 03/03/2023 supplies parts for #85214 parts for#85461 parts for#85214 part for #85464 Total for Check Number 51635: UNIFIRST CORPORATION 03/03/2023 February Mats Total for Check Number 51636: Total for 3/3/2023: Report Total (114 checks): -3.72 294.25 296.06 581.04 126.77 126.77 29,745.84 1,289,322.63 AP Checks by Date - Detail by Check Date (3/2/2023 4:05 PM) Page 12 CONSENT ITEM — 7B 'It EN HILLS MEMORANDUM DATE: March 13, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director Affirm Allocation of ARPA Revenues for Water Infrastructure on the 2022 PMP SUBJECT: Snelling Avenue Street and Utility Improvement Project and Sewer Infrastructure on the Lift Station 10 Rehabilitation Project Budgeted Amount: Actual Amount: N/A N/A Council Should Consider Funding Source: N/A Motion(s) to approve, table or deny the following: • Resolution 2023-008 Affirming Allocation of American Rescue Plan Act Revenues for water infrastructure on the 2022 PMP Snelling Avenue Street and Utility Improvement Project and sewer infrastructure on the Lift Station 10 Rehabilitation Project. Background The $1.9 trillion American Rescue Plan (ARP) infuses $350 billion into local governments, easing the immediate financial trauma facing most every community across the country, and providing options to overcome shortfalls and simultaneously rebuild for a stronger, more sustainable future. Eligible uses of the funds include • Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff; Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector; • Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic; Page 1 of 3 • Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and, • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet. One-time funds These funds should be directed toward one-time priorities and not programs or policies that will continue to need funding into the future. With the temporary nature of ARPA funds: • Care should be taken to avoid creating new programs or add-ons to existing programs that require an ongoing financial commitment. • Use of ARPA funds to cover operating deficits caused by COVID-19 should be considered temporary and additional budget restraint may be necessary to achieve/maintain structural balance in future budgets. • Investment in critical infrastructure is particularly well suited use of ARPA funds because it is a non -recurring expenditure that can be targeted to strategically important long- term assets that provide benefits over many years. However, care should be taken to assess any on -going operating costs that may be associated with the project. Timeline • Cost must be incurred beginning on or after March 3, 2021 (with the exception of premium pay); • Costs must be incurred or obligated (orders placed for property and services, contracts and sub - awards made, and similar transactions that require payment) by December 31, 2024; • End of performance period is December 31, 2026 (allows for projects obligated at December 31, 2024 to be completed). Discussion Mayor Grant, Councilmember Holden and Finance Director Bauman met in July 2021, to start developing a list of items that meet the eligibility requirements and bring the greatest benefit to the City. On March 21, 2022, this was discussed with Council at the work session. The conversation centered on water, sewer and storm water projects. On April 18, 2022, this was discussed with Council at the work session. Direction was given to staff to develop a list of water and sewer projects that met the eligibility requirements of the act and could be completed prior to December 31, 2024. Using ARPA funds on utility projects means the city won't have to bond for future improvements and can keep utility costs down, which impacts all property owners. Investment in critical infrastructure is a particularly well suited use of ARPA funds because it is a non -recurring expenditure that can be targeted to strategically important long-term assets that provide benefits over many years. Budget Impact Using these funds on water and sewer infrastructure will help alleviate the need for future bonding and help keep utility costs down for all property owners. Page 2 of 3 Year Amount Project 2021 $ 522,781 2021 PMP Glenpaul/Hazelnut 2022 231,211 2022 PMP Snelling Avenue 2022 233,103 Lift Station 10 $ 987,095 $ 136,436 Remaing balance of ARPA funds Current plan is for the remaining balance of funds to be applied to the water infrastructure work needed at the Snelling Avenue and County Road E intersection (roundabout). Attnchmentc A: Resolution 2023-008 Affirming Allocation of APRA Revenues Page 3 of 3 Attachment A "It -AI�)EN H1I,1,S CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-008 RESOLUTION AFFIRMING ALLOCATION OF AMERICAN RESCUE PLAN ACT REVENUES WHEREAS, on March 11, 2021, the American Rescue Plan Act of 2021 was signed into law; and WHEREAS, the City of Arden Hills, under the Act, received federal funding in the amount of $1,123,530, with receipt of the first payment in 2021 and the second half payment in 2022; and WHEREAS, under the Act, these funds can be used to replace lost public sector revenue and to make necessary investments in water and sewer infrastructure; and WHEREAS, it has been a priority of the City Council of the City of Arden Hills to repair and/or replace aging transmission and distribution water mains due to deterioration and being undersized to improve water pressure and prevent contamination due to leaks or breaks and to repair and/or replace aging pipes, pumps, values and control panels within the sewer system due to deterioration and to prevent backups; and WHEREAS, it is the understanding of the Arden Hills City Council that said improvements are eligible activities from proceeds of the American Rescue Plan Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that it is the intent of the City Council to direct expenditures under the Act toward water infrastructure on the 2022 PMP Snelling Avenue Street and Utility Improvement Project and toward sewer infrastructure on the Lift Station 10 Rehabilitation Project. The costs eligible from March 3, 2021 to December 31, 2022 are $464,314 ($231,211 for water and $233,103 for sewer). ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 13th DAY OF MARCH, 2023. 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. CONSENT ITEM — 7C ,-iIZEN HILLS MEMORANDUM DATE: March 13, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Appointment of Elena Fransen to the Position of Senior Planner Budgeted Amount: Actual Amount: Funding Source: N/A N/A Various Council Should Consider Motions to approve, table, or deny the following: Appointment of Elena Fransen to the position of Senior Planner at Grade 13 Step 1 on the City's pay scale on a temporary basis through June 4, 2023. Appointment of Elena Fransen to the position of Senior Planner at Grade 13 Step 2 as an FTE and at Year 0 on the PTO scale, with a starting bank of 40 hours of PTO. All normal City policies apply, starting June 5, 2023. Discussion The City Council directed Staff to recruit for this position at a previous meeting. The City received six applications for this position and interviewed six candidates. Elena was selected as the top candidate. She is currently finishing her Master's Program in Urban and Regional Planning at the University of Minnesota and worked most recently at the City of Fridley as a Community and Economic Development Intern. Budtet Impact This position is replacing a previously budgeted position and will not adversely affect the 2023 budget. Attachment N/A Page 1 CONSENT ITEM —71) ,--ARZEN HILLS MEMORANDUM DATE: March 13, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Paid Parenting Leave Language Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Paid Parenting Leave Language Background The Personnel Committee recently discussed adding Paid Parenting Leave to the City's Personnel Policy. The draft language would allow for eighty hours of paid leave to be provided to parents upon the birth or adoption of a child assuming they met certain criteria. A draft of the policy can be found under Attachment A. As part of the research for this draft policy change, City Staff looked at what nearby cities offer to set a baseline. Cities vary from offering no Paid Parental Leave to more than the eighty hours being proposed; for example, White Bear Township offers no paid leave, while Vadnais Heights offers up to 200 hours depending on the type of birth and other circumstances. It should be noted that for mothers, they also have available the City paid Short Term Disability insurance, which offers four to six weeks of disability pay upon the birth of a child. When combined with this leave it would offer approximately six to eight weeks of paid leave. Should Council approve this language it will be incorporated into the City's Personnel Policy. Budget Impact This item is not expected to have significant budget impacts as the positions are already budgeted. If the City were to hire a temporary worker to fill in while someone is on leave or if this causes another employee to incur overtime, it would affect the budget, but it is not anticipated this will occur often. Attachments Attachment A: Draft Paid Parenting Leave Language Page 1 of 1 Attachment A PAID PARENTAL LEAVE Paid Parental Leave, up to 80 hours, will be offered to eligible employees due to the birth of an employee's child, an employee adopting a child, or the spouse of a birthing or adoptive parent. This leave will also be made available to employees that suffer a miscarriage, stillbirth, or neonatal death after the 20 week of pregnancy. The 80 hours must be used within one year from the birth or adoption of a child. To be eligible, an employee must: • Be a new biological parent, new adoptive parent, or spouse thereof • Be a permanent full-time or part-time employee, part-time employees will be paid a pro -rated amount based on their normal budgeted hours • Have been an employee for at least 30 calendar days (being eligible for this leave does not grant eligibility for other leaves, such as, FMLA or Pregnancy and Parenting Leave) • Be in good standing and meet any other requirements set forth in the Personnel Policy Should an employee not use the leave in the allotted time or leave City employment any remaining leave will be forfeited. Surrogate mothers and sperm or egg donors are excluded from coverage under this policy. If both parents are eligible employees, each will be able to utilize Paid Parental Leave according to the provisions of this policy. Paid Parental Leave is not available for foster care placement. Paid Parental Leave will not reduce eligibility for other types of paid and unpaid leaves such as FMLA, short-term disability or long-term disability. The amount of Paid Parental Leave does not increase due to the birth/adoption of multiples (i.e., twins, triplets). Medical conditions and/or other circumstance will not increase the length of paid leave granted. There is not a limit to the number of times an employee can use Paid Parental Leave. CONSENT ITEM — 7E ,-ARZEN HILLS MEMORANDUM DATE: March 13, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Resolution 2023-009 Approving State of Minnesota Bureau of Criminal Apprehension (BCA) Joint Powers Agreement and Court Data Services Subscriber (CDSS) Amendment to Criminal Justice Data Communications Network (CJDN) Subscriber Agreement Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: Resolution No. 2023-009 Approving State of Minnesota Joint Powers Agreements with the City of Arden Hills on behalf of its City Attorney and Police Department Background In April 2013, the City Council approved a new BCA Master JPA along with a CDSS Amendment to the JPA. Attached is a copy of the April 29, 2013 Council memorandum for background reference. The City's Prosecuting Attorney, Joseph Kelly, notified the City that the BCA JPA and CDSS Agreement Amendment are expiring soon and provided the attached agreements. Basically these agreements provide for continuing access for Attorney Kelly to communicate with the BCA on behalf of the City. Please note Attorney Kelly has confirmed that there are no cost increases associated with the renewal of these agreements. Also attached are the State of MN BCA JPA and the CDSS Subscriber Agreement Amendment together with Resolution 2023-009 giving approval to the Mayor and City Clerk to execute these documents. Budget Impact N/A Attachments Attachment A: April 29, 2013 Council Memorandum Attachment B: Resolution 2023-009 Attachment C: State of MN BCA JPA Attachment D: Court Data Services Subscriber Amendment to CJDN Subscriber Agreement Page 1 of 1 Attachment A CONSENT , AZEN HILLS MEMORANDUM DATE: April 29, 2013 TO: Honorable Mayor and City Councilmembers FROM: Patrick Klaers, City Administrator SUBJECT: Resolution Approving Joint Powers Agreements Background/Discussion The Bureau of Criminal Apprehension (BCA) is requesting that the City Council approve a new BCA Master Joint Powers Agreement (JPA) along with a Court Data Services Subscriber Amendment (Amendment) to the JPA. The change relates a new service that is called eCharging. The attached Resolution approved both documents. Attached for your information is a cover letter from the BCA regarding the request for the City to approve the JPA and Amendment; a brief email and memo from our City Prosecuting Attorney Joseph Kelly recommending the approvals as requested; a City Resolution approving the two documents (Legal Assistant Jessica Forstner, from Kelly and Lemmons, is identified in the Resolution as the as the designee for Joseph); and the JPA and Amendment. This topic was discussed at the last meeting of the Contracted Communities group. Sheriff Matt Bostrom was at this meeting. Discussion related to the fact that eCitiations are currently being issues and that eCharging is expected to be mandated to cities in the future. There is very little cost to the City associated with this request and hopefully there will be some efficiencies resulting from the program. Recommendation It is recommended that the City Council adopt Resolution 2013-023, approving the State of Minnesota Joint Powers Agreements with the City of Arden Hills on behalf of its City Attorney and Police Department. Attachments Attachment A: BCA Letter Attachment C: Resolution 2013-023 Attachment B: Joseph Kelly Email Attachment D: JPA and Amendment Attachment B fi` �EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2023-009 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF ARDEN HILLS ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Arden Hills on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ARDEN HILLS, MINNESOTA: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Arden Hills on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the Ramsey County Sheriff, Bob Fletcher, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 3. That the City of Arden Hills Prosecuting Attorney, Joseph Kelly, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4. That David Grant, the Mayor for the City of Arden Hills, and Julie Hanson, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 13TH DAY OF MARCH, 2023. David Grant, Mayor ATTEST: Julie Hanson, City Clerk Attachment C SWIFT Contract # 223957 M N 062021A ni State of Minnesota Joint Powers Agreement MINNe oTA This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Arden Hills on behalf of its Prosecuting Attorney ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as "Parties." Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA's systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to -Computer System Interface occurs when the Governmental Unit's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Governmental Unit will select a DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223957 M N 062021A method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre -employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit's employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/ciisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223957 M N 062021A particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI-CJIS requirements. When Governmental Unit's method of access is a computer -to -computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CAS Security Policy. The BCA will maintain records of the federal, fingerprint -based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. The Governmental Unit will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Governmental Unit will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue 3 DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223957 M N 062021A Saint Paul, MN 55106 Telephone: 651.793.1007 Email Address: Dana.Gotz@state.mn.us The Governmental Unit's Authorized Representative is the person below, or his/her successor: Name: Joe Kelly, Attorney Address: 2350 Wycliff Street, Suite 200 St. Paul, MN 55114 Telephone: 651.224.3781 Email Address: Ikelly@kellyandlemmons.com Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit's liability. Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit's records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit's records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223957 M N 062021A 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. Investigation of Alleged Violations; Sanctions For purposes of this clause, "Individual User" means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Governmental Unit and BCA's determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Governmental Unit's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223957 M N 062021A 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will 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. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223957 M N 062021A The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT Name: (PRINTED) Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 7 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: Signed: Title: (with delegated authority) Date: (PRINTED) 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: Date: DPS/BCA CJDN JPA_March 2021 Attachment D COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Arden Hills on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 223957, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www. courts. state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. to f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. Office. g. "Court" shall mean the State of Minnesota, State Court Administrator's h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self -regulatory body. Subscriber's access to the Court Records for personal or non -official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self -regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. M 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub -section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. N 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON -WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. W 1. SUBSCRIBER (AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of authority to sign on behalf of and bind the entity, Name: such as an opinion of counsel or resolution. (PRINTED) Name: Signed: (PRINTED) Signed: Title: (with delegated authority) Title: Date: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Name: Date: (PRINTED) Signed: 4. COURTS Authority granted to Bureau of Criminal Apprehension Title: Name: (with delegated authority) (PRINTED) Date: Signed: Title: (with authorized authority) Date: 10 CONSENT ITEM — 7F ,-ARZEN HILLS MEMORANDUM DATE: March 13, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Matthew Johnson, Recreation Supervisor SUBJECT: Resolution Appointing Nancy Jacobson as Parks, Trails and Recreation Committee (PTRC) Member Budgeted Amount: Actual Amount: Funding Source: Council Should Consider • Resolution 2023-010 Appointing Nancy Jacobson to the Parks, Trails and Recreation Committee (PTRC) Background/Discussion Nancy Jacobson submitted an application to volunteer as a member of the PTRC Committee. An interview was conducted that included the PTRC Chair, Council Liaison and Staff Liaison. Following the interview, staff is recommending Nancy Jacobson be appointed to this Committee. The appointment would be for a term ending December 31, 2025. Attachment A: Resolution 2023-010 Page 1 of 1 Attachment A �-fiI�EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-010 A RESOLUTION APPOINTING NANCY JACOBSON TO THE PARKS, TRAILS, AND RECREATION COMMITTEE (PTRC) FOR A TERM EXPIRING DECEMBER 31, 2025 WHEREAS, the City Council appoints residents to serve in an advisory capacity to the various Commissions or Committees; and WHEREAS, the Parks, Trails and Recreation Committee (PTRC) currently has openings for seats with a term ending December 31, 2025. THEREFORE, BE IT RESOLVED that the Arden Hills City Council appoints Nancy Jacobson to serve on the PTRC until December 31, 2025. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 13t" DAY OF MARCH, 2023. 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. CONSENT ITEM — 7G EN HILLS MEMORANDUM DATE: March 13, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer Lucas Miller, Assistant Public Works Director SUBJECT: 2022 Tree Plan Project — Payment No. 1 Budgeted Amount: Actual Amount: Funding Source: $ 70,220.00 $70,220.00 Park Fund — Tree Replacement funds Council Should Consider Motions to approve, table, or deny the following: • Payment No. 1 for the 2022 Tree Plan Project to Margolis Company in the amount of $41,325.00. Background/Discussion On August 22" d, 2022, City Council approved Awarding the 2022 Tree Plan Project construction contract to Margolis Company. The project is approximately 95% complete. The entirety of the trees have been installed, along with mulch and topsoil, and the project is substantially completed. Five percent is being withheld from the work completed in accordance with the contract documents for inspection of the trees and watering during the establishment and warranty period. Payment No. 1 is in the amount of $41,325.00. Staff recommends that Council approve Payment No. 1 (Attachment A). Budget Impact Total Construction Expenses: Original Contract Amount: $ 70,220.00 Attachments Attachment A: Pay Request No. 1 Page 1 of 1 Attachment A argolls Company Landscape Contractors 295 West Larpenteur 651/488-7258 Roseville, Minnesota 55113 Fax 651/488-0693 City of Arden Hills 1245 W. Hwy 96 Arden Hills, MN 55112 Mayor David Grant Please visit our website at: www.margolisco.com (Signature and Date) Invoice Invoice # 1624 Date 11/18/2022 CONSENT ITEM — 711 ,-ARZEN HILLS MEMORANDUM DATE: March 13, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer Lucas J. Miller, Assistant Public Works Director SUBJECT: Arden Oaks Street Improvements Project — Payment No. 2 Budgeted Amount: Actual Amount: Funding Source: $583,000 $660,879.68 PIR, Special Assessments, Utility Funds Council Should Consider Motions to approve, table, or deny the following: • Payment No. 2 for the Arden Oaks Street Improvements Project to ASTECH Corporation in the amount of $93,278.55. Background/Discussion On April 25, 2022, City Council approved Resolution 2022-024 awarding the Arden Oaks Street Improvements construction contract to ASTECH Corporation. The project is approximately 95% complete. The entire project has been fully paved, topsoil and seed fully installed, and the project is substantially completed. Five percent is being withheld from the work completed in accordance with the contract documents for clean-up and seed establishment. Payment No. 2 is in the amount of $93,278.55. TKDA has provided a recommendation to accept Payment No. 2 (Attachment A). Staff recommends that Council approve Payment No. 2. Page 1 of 2 Budget Impact Total Construction Expenses: Original Contract Amount: $ 520,377.70 Other Expenses: Engineering Design: $ 55,300.00 Construction Mgmt: $ 27,100.00 Gen Admin & Legal: $ 10,000.00 Material Testing: $ 15,000.00 Const. Continaencv: $ 33,102.00 $ 660,879.70 Attachments Attachment A: TKDA Letter of Recommendation Attachment B: Pay Request No. 2 Page 2 of 2 Attachment A 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 TKDA tkda.com February 10, 2023 Sent via email only: LMiller@cityofardenhills.org Lucas Miller Assistant Public Works Director City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Re: Arden Oaks Payment Application #2 City Project No. PW-21-0109 TKDA Project No. 18196.000 ASTECH Corporation completed work in 2022 for the Arden Oaks Street Improvements. Payment Application #2 reconciles all costs to date for this project. A few residual restoration items remain for completion in the spring of 2023. Once these items are complete it will be appropriate to make final payment for the project. TKDA recommends payment of payment application #2 for the Arden Oaks Street Improvements. 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Public Works Director / City Engineer SUBJECT: Public Works 2023 Capital Equipment Replacement — 2014 Bobcat Toolcat and Snowblower Attachment Budgeted Amount: Actual Amount: Funding Source: $55,000 $36,914.00 (Toolcat) Equipment Replacement Fund (2023 CIP) $7,013.44 (Snowblower Attach.) Council Should Consider Motions to approve, table, or deny the following: • Purchase of the 2023 Bobcat Toolcat in the amount of $36,914.00 • Purchase of the Bobcat Snowblower Attachment in the amount of $7,013.44 Background/Discussion The 2023 Capital Improvement Plan (CIP) includes replacement of the 2014 Bobcat Toolcat equipment, Unit 453. (Attachment A) Staff recommends replacement of Unit 453 with a new 2023 Bobcat Toolcat. The Toolcat is used year-round but the primary purpose is sidewalk and trail plowing/snow blowing and it is also used to clean skating rinks. The total cost for the equipment, after trade-in, is $36,914.00 per the quote in Attachment B. The CIP includes a budget of $55,000 for this equipment in 2023. Due to corrosion factors and down time associated with hydraulic leaks and other miscellaneous mechanical breakdowns, staff recommends replacing Toolcats during high trade in values and before high costs of ownership from repairs and down time. Attachment C is a quote to replace a 2010 Bobcat Snowblower attachment for $7,013.44, which is currently not included in the CIP. The net cost of the Bobcat Toolcat is coming in $18,086 under budget and staff is requesting Council consider replacing the 13-year-old snowblower unit Page 1 of 2 using part of the budget. The remaining budget could be retained to help offset the additional costs associated with the replacement of the 2012 Plow Truck. If there is direction to proceed, staff will place the 2010 snowblower unit on auction and anticipates $1,000-$1,500 in return. Budget Impact Attachment A shows the 2023 CIP for Replacement of 2014 Bobcat Toolcat Unit 453. Actual costs with direction to proceed with all items: 2023 Bobcat Toolcat $69,914.00 Unit 453 Trade-In-$33,000.00 2023 Bobcat Snowblower $7,013.44 Est. auction 2010 snowblower-$1,000.00 $42,927.44 Net cost included in the 2023 CIP: $55,000 Attachments Attachment A: Capital Improvement Program item for 2014 Toolcat Replacement Attachment B: 2023 Bobcat Toolcat quote Attachment C: Bobcat snowblower attachment quote Page 2 of 2 Capital Improvement Plan City of Arden Hills, Minnesota Project# 23-Eqp-001 Project Name Replace 2014 Bobcat Toolcat #453 TCAAP No Description teplace 2014 Bobcat Toolcat #453 (parks). /IN #1278 lours 1,450 Attachment A 2023 thru 2027 Department Equipment Contact Public Works Director Type Equipment Useful Life 8-10 Category Equipment: Public Works Priority 3lmportant Total Project Cost: $75,000 Justification I Che toolcat is used year round but the primary purpose is sidewalk and trail plowing/snow blowing. The toolcats are also used to clean skating inks. Due to corrosion factors and down time associated with hydraulic leaks and other miscellaneous mechanical breakdowns, staff recommends eplacing toolcats during high trade in values and before high costs of ownership from repairs and down time (every 8 years). 'arts and labor costs: !019 - $ 405 !020 - $ 225 !021 - $2,630 Fhis piece of equipment is used year round. Salt has caused corrosion and repairs are becoming more frequent. Expenditures 2023 2024 2025 2026 2027 Total Equip/Vehicles/Furnishings 75,000 75,000 Total 75,000 75,000 Funding Sources 2023 2024 2025 2026 2027 Total Equipment/Building 55,000 55,000 Replacement Fund Trade -In Value 20,000 20,000 Total 75,000 75,000 Budget Impact/Other I rime efficiency resulting in labor savings. Produced Using the Plan -It Capital Planning Software iM * , A Bobcat. Attachment B Product Quotation Quotation Number: 31196DO31710 Date: 2023-02-07 08:50:24 Ship to Bobcat Dealer Bill To CITY OF ARDEN HILLS Lano Equipment, Inc, Ramsey, MN CITY OF ARDEN HILLS Attn: JEFF FRID 6140 HIGHWAY 10 NW Attn: JEFF FRID 1245 W HWY 96 RAMSEY MN 55303-4529 1245 W HWY 96 ARDEN HILLS, MN 55112 Contact: Scott Fahey ARDEN HILLS, MN 55112 Phone: (651) 755-1461 Phone: 763-323-1720 Phone: (651) 755-1461 Email: jfrid@cityofardenhills.org Fax: 763-422-3949 Cellular: 612-223-0510 E Mail: scott_f@lanoequip.com Description Part No Qty Price Ea. Total Bobcat UW56 M1225 1 $56,595.00 $56,595.00 Factory Installed Deluxe Road Package M1225-POI-COI 1 $2,461.00 $2,461.00 Deluxe Road Package includes: Backup Alarm, Turn Signals, Flashers, Tail Lights, Brake Lights, Rear view mirror, Side Mirrors, Horn, Rear work lights, and headlights High Flow Package M1225-RO3-CO2 1 $1,476.00 $1,476.00 29 X 12.5 Turf Tires M1225-Roy-005 1 $668.00 $668.00 Heavy Duty Battery M1225-RO7-CO2 1 $82.00 $82.00 Attachment Control M1225-RO8-CO2 1 $201.00 $201.00 Power Bob-Tach M1225-RM-0O3 1 $934.00 $934.00 Radio Option M1225-R15-0O2 1 $453.00 $453.00 Traction Control M1225-R16-0O2 1 $463.00 $463.00 Engine Block Heater M1225-AW-0O2 1 $111.00 $111.00 Interior Trim M1225-Ao1-004 1 $174.00 $174.00 Dealer Installed Block Heater 7328972 1 $70.00 $70.00 Radio Kit 7439797 1 $562.00 $562.00 Rear Camera Kit, Frame Mounted 7432524 1 $547.00 $547.00 Suspension Seat Kit 7137285 1 $1,194.00 $1,194.00 Rear Window Guard 7150926 1 $798.00 $798.00 Attachments 68" Standard Duty Bucket 7272771 1 $942.00 $942.00 --- Bolt -On Cutting Edge, 68" 7104508 1 $133.00 $133.00 Total of Items Quoted Dealer P.D.I. Freight Charges Dealer Assembly Charges Trade-in 2014 5600 EST 1,600 HRS W BKT SN AHG811278 Quote Total - US dollars Notes: MN STATE CONTRACT RELEASE E-110(5) CONTRACT # 202992 EXPIRES 8/31/23 ANNUAL TRADE OPTION - $5,000 YR + ANY PRICE INCREASE FROM THE PREVIOUS YEAR 2 YEAR TRADE OPTION - $12,000 YR + ANY PRICE INCREASE FROM THE PREVIOUS YEAR UP TO 400 HOURS PER YEAR USAGE EITHER PARTY HAS THE OPTION TO OPT OUT. $67,864.00 $150.00 $1,480.00 $420.00 ($33,000.00) $36,914.00 All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes. Customer Acceptance: Purchase Order: Authorized Signature: Print: Sign: Date: Tri=sta e o �`t SALES • SERVICE • RENTALS • PARTS www.tristatebobcat.com Ship To: SAME AS BELOW Invoice To: CITY OF ARDEN HILLS 1245 W HIGHWAY 96 ARDEN HILLS MN 55112-5743 BURNSVILLE LITTLE CANADA Attachment C 1200 Highway 13 E 71 Minnesota Avenue Burnsville, MN 55337 Little Canada, MN 55117 Hudson, WI 54016 (952)894-0894 (651)407-3727 (715) 531-0801 (877) 262-2284 (877) 331-0295 (866) 268-2418 Branch 2 - Little n Date 01 23 2023 Time 15:11:50 O Page 1 Account No. 11074 Phone No. 6517927847 Invoice62. �007638 Ship Via Purchase Order Salesperson RJH EQUIPMENT QUOTE • NOT AN INVOICE Description ** Q U 0 T E ** EXPIRY DATE: 05/31/2023 Amount Miscellaneous Charges/Credits FREIGHT AND DEALER PREPQty: 1 Price: 3'85.00 385'.00 CONSENT ITEM — 7J ,-ARZEN HILLS MEMORANDUM DATE: March 13, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: 2024 PMP Street & Utility Improvements Project — Feasibility Report Budgeted Amount: Actual Amount: Funding Source: $2,300,000 (CIP) TBD through feasibility study PIR, Surface Water, Sanitary, Water, Special Assessments Council Should Consider Motions to approve, table, or deny the following: • Resolution 2023-011, Ordering Preparation of the Feasibility Report for the 2024 PMP Street & Utility Improvements Project. • Accepting the proposal from Bolton & Menk in the amount not -to -exceed of $318,756 for the Feasibility Report, Design of plans and specifications, and construction administration of the 2024 PMP Street & Utility Improvements Project. Background/Discussion The City Council Work Session on February 21, 2023, included discussion of the anticipated scope of work, schedule and an initial estimate of costs for potential improvements within the project area (Attachment B). Based on the discussion, Council was in favor to proceed with the project into the feasibility study phase. This will include a geotechnical evaluation, topographic survey of the corridor, an analysis of the existing sewer and water systems, preliminary design of the street and drainage improvements, public engagement, cost estimate and proposed assessments. The proposed area consists of Keithson Dr. from Highway 96 W to the south 800- feet, Royal Hills Dr. from Snelling Avenue N to Arden View Dr., Arden Vista Ct., McClung Dr., Colleen Ave., Colleen Cir., Briarknoll Cir., Briarknoll Dr., Norma Ave. from Dawn Cir. to Page 1 of 3 Colleen Ave., James Ave. and Royal Ln. which includes approximately 168 single-family homes. The final Feasibility Report will be shared with Council at a later Work Session, the full anticipated scheduled can be seen below in this memo. Staff recommends approving Resolution 2023-011, Attachment C, to move ahead with preparation of the Feasibility Report for the 2024 PMP. Also, at the City Council Work Session on February 21, 2023, Council authorized staff to direct select Bolton & Menk to provide a proposal for professional services to include the feasibility report, design of plans and specifications, and construction administration. Since then, staff has received the proposal (Attachment D) and negotiated with the consultant to ensure the City will be receiving a quality project at a competitive cost. Bolton & Menk has been the engineering consultant on the 2021 PMP and the Old Snelling Street and Trail Improvement project (2022 PMP). Both projects were very successful and overall City staff received positive feedback from residents involved. City staff has become familiar with Bolton & Menk's team and Bolton & Menk is familiar with the City's PMP project process and Assessment Policy. The Bolton & Menk proposal provided a clear and organized approach, a detailed project delivery schedule, and sufficient hours to complete a quality project and properly administer public engagement. Staff recommends accepting the proposal from Bolton & Menk in the amount not -to -exceed $318,756. Included in this amount is the consulting fees from Braun Intertec associated with the geotechnical evaluation and soils testing, which is needed for the Feasibility Report. If accepted, the formal Professional Services Agreement (PSA) will be brought to Council at the next regular Council Meeting for approval. The following is a preliminary project delivery schedule for the 2024 PMP project. A refined project schedule will be provided within the feasibility report. Resolution Ordering a Feasibility Report March 13, 2023 Approve Professional Services for Feasibility March 13, 2023 Informational Meeting/Open House #1 June 1, 2023 Work Session Discussion June 19, 2023 Accept Feasibility Report, Call for Hearing June 26, 2023 Improvement Hearing, Order Plans & Specs July 10, 2023 Work Session Discussion October 16, 2023 Informational Meeting/Open House #2 November 2, 2023 Work Session Discussion (if -needed) December 18, 2023 Approve Plans, Advertisement for Bids January 8, 2024 Call for Assessment Hearing February 12, 2024 Assessment Hearing February 26, 2024 Accept Bids and Award Construction Contract February 26, 2024 Start Construction April 22, 2024 Construction Final Completion November 15, 2024 Page 2 of 3 Budget Impact The 2023-2027 Capital Improvement Plan (Attachment A) identifies the 2024 PMP Street & Utility Improvements Project with a budget of $2,300,000 with project funding sources consisting of the PIR fund, other (assessments), sanitary sewer utility, water utility, and surface water utility. The total project cost estimate and proposed project funding sources will be further refined during preparation of the feasibility report. The proposal provided by Bolton & Menk includes fees not -to -exceed $318,756 for professional services for the entire project through feasibility report, design and specifications and construction administration. If approved, Bolton & Menk will proceed with the feasibility study phase. Once complete, Council will review the Final Feasibility Report at a Work Session, then at a regular Council Meeting will choose to Accept the Feasibility Report and Call for an Improvement Hearing (Public Hearing). After the Improvement Hearing, Council will choose to Order Plans and Specifications and Bolton & Menk will continue with the project according to the Professional Services Agreement. Attachments Attachment A: 2023-2027 CIP Page Attachment B: Project Corridor Map Attachment C: Resolution 2023-011 Attachment D: Proposal from Bolton & Menk Page 3 of 3 Capital Improvement Plan 2023 thru 2027 City of Arden Hills, Minnesota Project# 24-Str-001 Project Name Colleen/Norma/Briar Knoll/Royal Hills/Arden Vista TCAAP No Attachment A Department Street Department Contact Public Works Director Type Improvement Useful Life 20-25 Category Streets: Reconstruction Priority 2 VeryImportant Description I Total Project Cost: $2,300,000 'avement Management Program (PMP) improvements consisting of spot curb repair, resurfacing or full depth reclamation and new bituminous )avement, repairs to storm sewer inlets, drainage improvements, repairs to sanitary sewer manholes and castings, watermain improvements, rydrant and valve repairs. Street segments include Colleen Avenue/McClung (Hamlin to Snelling), Brian Knoll Drive & Ct, Norma Avenue Colleen to Dawn Circle), Arden Vista Ct, Royal Hills (Snelling to Arden View Dr), Kiethson Drive (96 South), and Royal Lane (Norma to Floral). Justification 'avement conditions are deteriorating with condition ratings from 24 to 57. Proposed improvements are necessary to continue safe and reliable treet and utility services. These improvements will address the increasing costs for patching and maintaining highly deteriorated street pavement vithin the City. Expenditures 2023 2024 2025 2026 2027 Total Construction/Maintenance 2,300,000 2,300,000 Total 2,300,000 2,300,000 Funding Sources 2023 2024 2025 2026 2027 Total Capital Improvement Funds 1,000,000 1,000,000 (PIR) Other 1,000,000 1,000,000 Sanitary Sewer Utility Fund 50,000 50,000 Surface Water Mgmt Utility 150,000 150,000 Funds Water Utility Funds 100,000 100,000 Total 2,300,000 2,300,000 Budget Impact/Other Produced Using the Plan -It Capital Planning Software 154 Attachment C fi` II�)EN�HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-011 RESOLUTION ORDERING THE PREPARATION OF FEASIBILITY REPORT FOR THE 2024 PMP STREET & UTILITY IMPROVEMENTS PROJECT WHEREAS, the Capital Improvement Program for the City of Arden Hills identifies potential street and utility improvements; and WHEREAS, it is proposed to improve the following streets: Keithson Dr. from Highway 96 W to the south 800-feet; Royal Hills Dr. from Snelling Avenue N to Arden View Dr.; Arden Vista Ct.; McClung Dr., Colleen Ave.; Colleen Cir.; Briarknoll Cir.; Briarknoll Dr.; Norma Ave. from Dawn Cir. to Colleen Ave.; James Ave.; Royal Ln.; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ARDEN HILLS MINNESOTA: That the proposed improvement stated above shall be referred to as the 2024 PMP (Pavement Management Program) Street & Utility Improvements Project for study and that the Public Works Director is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 13th DAY OF MARCH, 2023. 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. Attachment D Proposal for 2024 PMP STREET AND UTILITY IMPROVEMENTS March 9, 2023 • Orr "0 t fi`IEN HILLS Co2 Project Understanding Z 4 Key Personnel LU 4 Work Plan And Project Approach Z 10 Schedule Appendix: Fee Estimate C--) Appendix: Braun Intertec Proposal March 9, 2023 David Swearingen, PE Public Works Director/City Engineer City of Arden Hills 1245 W Highway 96 Arden Hills, MN 55112 RE: Proposal for 2024 PMP Street and Utility Improvements Dear David, O& MLENK Real People. Real Solutions. 12224 Nicollet Avenue Burnsville, MN 55337 952-890-05091 Bolton-Menk.com The City of Arden Hills has initiated the 2024 PMP Street and Utility Improvements project to rehabilitate various local streets, replace select watermain segments, and dredge stormwater ponds in the north central portion of the city. This project will require a detailed analysis of the project area with technical design expertise to ensure the right solutions are developed into plans and specifications in an efficient manner. Like you, Bolton & Menk, Inc. takes great pride in designing and managing projects that are safe, sustainable, and functional. We understand what needs to be accomplished for the successful completion of 2024 PMP Street and Utility Improvements project. Technical Leadership — The 2024 PMP Street and Utility Improvements project requires a range of services, and from topographic survey through construction, the city needs a consultant with the experience and expertise to manage them all. Bolton & Menk has successfully completed dozens of street and utility projects in the metro area in the last five years. We are experts in resident outreach, building stakeholder consensus, and execution through the construction process. You can trust that when you put this project in our hands, miscommunication and costly mistakes will not happen. We Watch Your Bottom Line — Choosing Bolton & Menk ensures the City of Arden Hills receives great value from every dollar spent. Proactive problem solving keeps small things small. This project team will build on past project experiences, both in the City of Arden Hills and surrounding communities, leading to increased project efficiency and an established understanding of the city's standards and requirements for its street improvement projects. This project has a similar scope to previous projects in the city and we have experience in other communities completing pond dredging projects — the new scope item added to this project. Based on these similarities to previous projects, our team can hit the ground running and begin providing value to the city right from the start. We Bring an Experienced Team — Municipal engineering is at the core of what we do. Our strength is derived from our talented and experienced staff, extensive project experience, and relationships with governmental and regulatory agencies. The Bolton & Menk team has successfully delivered street and utility projects for the City of Arden Hills each of the past two years. Our team was carefully selected to provide all the necessary services to successfully deliver this project. Brad Fisher, our project manager, has worked on several projects in Arden Hills and will play an active role in the project's progress and maintain communication with city staff. You can trust our proven team to continue to deliver projects in a manner the City of Arden Hills has learned to expect of Bolton & Menk. In continued service to the City of Arden Hills, we are excited at the opportunity to complete the 2024 PMP Street and Utility Improvements project. Brad Fisher will serve as your lead client contact and project manager. Please contact him at 612-759-7240 or Bradley.Fisher@bolton-menk.com if you have any questions regarding our proposal. Respectfully submitted, Bolto & Menk, Inc. .6 in//Ij� AdV�Z Mike Waltman, PE Brad Fisher, PE Project Manager The City of Arden Hills is seeking professional engineering and construction services to assist with the 2024 PMP Street and Utility Improvements project. We have reviewed in detail the full request for proposals (RFP), proposed project improvements maps, storm sewer field inspection notes, and the Pavement Evaluation Report. Additionally, we have conducted our own field site visit to better understand the project area and identify potential unique project considerations. We understand the project area includes Keithson Drive from Highway 96 W to the south 800 feet, Royal Hills Drive from Snelling Avenue N to Arden View Drive, Arden Vista Court, McClung Drive, Colleen Avenue, Colleen Circle, Briarknoll Circle, Briarknoll Drive, Norma Avenue from Dawn Circle to Colleen Avenue, James Avenue, and Royal Lane. The major project elements are anticipated to include roadway improvements, select storm structure reconstructions, select watermain upgrades, and pond dredging. The project area does not include any parallel sidewalks or trails; it is assumed that no ADA improvements/design will be necessary. The 2024 PMP Street and Utility Improvements project is identified within the City of Arden Hill's current Capital Improvement Plan for construction in 2024. The project area is generally bounded by Snelling Avenue N to the west, Hamline Avenue to the east, County Road 96 W to the north, and Floral Drive to the south. The project area contains rolling topography and has a high point near County Road 96 W and Hamline Avenue which generally slopes downhill to the southwest. The project area is primarily residential, made up from 10 developments identified in the RFP as having been completed between 1976 and 1986. During development, the public utilities were constructed with polyvinyl chloride (PVC) sanitary sewer, ductile iron pipe (DIP) watermain, and included stormwater management ponds. The city has indicated that staff have all record drawings available for the project area, with the exception of the stormwater ponds. Since the infrastructure's initial construction, city pavement management records indicate the most recent structural pavement improvement projects include • Keithson Drive —1994 Reconstruction • Royal Hills Drive, Arden Vista Court, McClung Drive, Colleen Avenue, Colleen Circle, Norma Avenue, and James Avenue —1997 Reconstruction • Briarknoll Circle, Briarknoll Drive, and Royal Lane — 2007 Reconstruction The current pavement condition index (PCI) ratings for the proposed project streets range from 20 to 45 which indicates the pavement is beyond its life cycle and in need of rehabilitation. The City of Arden Hills enlisted Braun Intertec to complete a Pavement Evaluation Report on the residential project streets in June of 2022. The report made recommendations for the rehabilitation method of each street. The first rehabilitation method recommended is a mill and overlay which was identified for Arden Vista Court, McClung Drive, Colleen Circle, Briarknoll Circle, Briarknoll Drive, Royal Lane, and James Avenue. Braun recommended milling the existing pavement to a minimum depth of 2 inches and repaving with new bituminous pavement (SPWEA230B). The second rehabilitation method recommended is a pavement reclamation which was identified for Keithson Drive, Royal Hills Drive, Norma Avenue, and Colleen Avenue. Braun recommended performing a 9-inch full -depth reclamation (FOR) without any pre -milling of the pavement. The excess reclaim material is then stockpiled, redistributed, or hauled offsite as necessary to construct the new pavement sections to the proper grade (typically about 4 inches of depth would be removed). After the roadway section is cut to grade, the top of the reclaim material would be evaluated to determine if additional subgrade improvements are necessary. The reclaim material would then be scarified, moisture conditioned, and surface compacted to at least 100 percent of standard Proctor density and a test roll would be performed to identify any non -conforming areas that need to be addressed. Braun recommended verifying at least 5 inches of reclaim material remains as aggregate base and repaving 4 inches of bituminous pavement (SPWEA230B) in two lifts. After Braun's report was completed, the city conducted additional reviews of the subsurface utilities and concluded that the watermain on James Avenue requires replacement to upgrade approximately 650 feet from 6-inch to 8-inch diameter. This will include the replacement of all water services to the ROW. Due to this additional excavation work, James Avenue will not be conducive to the mill and overlay rehabilitation method previously identified, and will instead require a reconstruction of the roadway after the watermain work is completed. It is likely that storm sewer replacements may be necessary to accommodate the watermain replacement work. This reconstruction area would be constructed to the city's standard residential pavement section. Additional soil borings will be conducted on James Avenue to verify the proposed pavement section is suitable. A parking area to accommodate approximately five parking stalls will be added at Floral Park along the east side of Royal Lane (north of the basketball court and west of the tennis court). It is assumed that 90 degree pull -in parking stalls will be added in this space and will be designed to drain back to a valley gutter along the existing curb line to manage drainage. Sanitary sewer improvements will be limited to the replacement of castings and rings on sanitary structures and repairs to select residential sewer services. City of Arden Hills Public Works staff will televise the sanitary sewer mains in the project area and identify proposed services in need of repairs along with the proposed repair method. The Bolton & Menk project team will review the televising and confirm the identified repairs or make recommended adjustments for each service. Sanitary services are expected to require no work, grouting, wye replacement, or minor pipe replacement. In the fall of 2022, city public works staff completed preliminary inspections of the project area and identified locations and methods for storm sewer rehabilitations that will be incorporated with the project throughout the project areas. A result of this inspection also determined that the storm sewer catch basins/manholes just prior to each storm system's ultimate outfall into the stormwater ponds should be rehabilitated/replaced to include BMPs (such as including a sump and SAFL Baffle) to capture sediment prior to entering the ponds and allow for more efficient maintenance by public works staff. The ponds' capacities are decreasing and this work will mitigate the amount of sediment entering the ponds. Additionally, storm sewer improvements are proposed near 4242 Norma Avenue to address a drainage concern. City staff indicated stormwater modeling/analysis is not required for this work. As part of the project, the city would also like to dredge out the accumulated sediment in three of the stormwater ponds located around the project area. The ponds are located south of McClung Drive, north of Colleen Avenue, and south of Colleen Avenue (northern portion of the pond). The pond dredging will be a simple process to remove accumulated sediment. The accumulated sediment quantity to be removed will be determined by completing a bathometric survey. Pond sediment sampling, testing, and analysis will be conducted consistent with MPCA standards based on its Managing Stormwater Sediment Best Management Practice Guidance at each of the five identified pond locations to determine the MPCA management level necessary for landfilling the excavated material generated from dredging the ponds. It is assumed that access is readily available to the ponds through existing right-of-way or easements and beyond the pond dredging, only turf restoration of the access route and potentially the pond banks will be necessary for design. Rice Creek Watershed District (RCWD) rules will require consideration on the project, though based on the project being primarily rehabilitation, we understand these rules will not have a significant influence on the project design given the proposed scope. Bolton & Menk's project team will work to identify what potential additional BMP measures will be required based on their rules and how they apply to the project. In addition to reviewing the project documentation, we have visited the site and given consideration to the roadway reclamation process, the existing curbing, pavement condition, temporary water, and drainage improvements wetland delineation needs. Based on review of the National Wetland Inventory (NWI), wetland delineations and associated permitting will be necessary for the pond dredging work. Additionally, our site visit indicated a few specific locations to be analyzed further during the project development: • A potential drainage issue near 4510 Keithson Drive • Significant pavement deterioration for a couple hundred feet on Royal Hills Drive that may require baselsubgrade corrections • Potential to remove or improve the hammerhead turnaround at the Briarknoll Circle and Snelling Avenue N intersection • Potential to extend the project limits to address failing pavement in the Norman Avenue and Dawn Circle intersection We also determined it could be valuable to evaluate potentially changing mill and overlay streets to reclamation streets based on their proximity to one another. A great example of this is changing McClung Drive to a reclamation improvement because it is a continuation of Colleen Avenue that is scheduled for reclamation. This evaluation has the potential to reduce risk such that there is pavement life cycle consistency between adjacent street segments. There may be further efficiencies of installation methods that could even result in cost savings if specialized equipment (a milling machine in this example) is eliminated and no longer needed to mobilize to the project. This will be evaluated in further detail to determine the feasibility of these changes. We understand communication is critical in all aspects of the project. We will follow the city's public involvement process and work closely with city staff throughout all project phases to keep you informed and educated on the design taking place. We will provide requested updates to the city council and work with residents from preliminary design through construction to help assist with their questions and specific needs. We also understand the city's desire to minimize consultant amendments, and as such, we invested significant due diligence in preparation of this proposal in hopes of REHAB TYPE flushing out kedn:Door �\i Full DepthReclamatio potential 1� Mill &Overlay changes before ti Rec°RStIRCI they ever occur. It is never our goal to encumber additional services on a project. Our project team strives to achieve a successful but unsurprising project delivery process. Arden View Or Royal Hills Park n a nntsyry Hill Ln Pao Arden Hills mpmOle Rd sk olleen Ave Indian Oaks Ct Indian Oaks Trl Community O' Gardens a € Floral Park z Royal Ln Rural OrW 50 Bolton & Menk recognizes the value of a forward -looking project team that can anticipate project challenges, empathize with resident concerns, and build project consent through a creative and comprehensive analysis of improvement alternatives. The team we propose for the 2024 PMP Street and Utilities Improvement project has this experience. We have provided a brief background and description of key individual roles. These individuals have track records of successful projects and, just as importantly, are enthusiastic and committed to meeting and exceeding your expectations. MIKE WALTMAN, PE Principal -in -Charge Mike has the qualifications, experience, motivation, and work ethic to effectively manage and coordinate each project phase. Mike will provide close coordination with the City of Arden Hills and project partners. He will be responsible for overall team management, monitoring progress, schedule, and budget to ensure critical issues are promptly addressed. Mike began his engineering career in 2006. Stemming from eight years of construction inspection experience early in his career, Mike manages municipal infrastructure projects and supports cities in pursuit of their goals. His expertise includes capital improvement planning, project programming, funding, conceptual design, feasibility reports, completing final design, and construction oversight. He has a passion for effectively managing all aspects of project budgets, from pursuing grant opportunities to administering projects to meet funding requirements, large and small. Mike's goal is client satisfaction, and he works hard to make that happen Mike is constantly responsive and makes his clients a priority in daily operations. BRAD FISHER, PE Project Manager Brad will oversee the project team and manage overall project delivery. He will establish and maintain communication with city staff so the City of Arden Hill's needs are met during design and construction. Brad will also lead project design, focusing on quality control and quality assurance, and guide the plan and specification preparation. Brad is a project engineer beginning his career with Bolton & Menk in 2014. He has worked on many municipal projects consisting of roadway design, including municipal state aid design and utilities such as sanitary sewer, water main, and storm sewer. Brad is passionate about listening to his client's needs and delivering their vision. He completes project planning, design, and preparation of construction plans and specifications. His design experience includes preliminary and final design, preliminary layout and design, preparation of feasibility reports, preparation of construction plans and specifications, preparation of quantity take -offs and cost estimates, and project documentation. In addition to his design experience, Brad has experience providing construction inspection and documentation services on various projects. He has significant experience in the evaluation of concrete pavement, determination of rehabilitation feasibility, and the implementation of concrete pavement rehabilitation (CPR) methods and repairs. Approach to Scope of Services The City of Arden Hills can be assured the Bolton & Menk team will provide outstanding technical deliverables, exceptional leadership in public and stakeholder involvement, and superior project management in a timely and cost-effective manner. The detailed work plan below is outlined by tasks addressing all elements of the RFP. Task 1: Project Coordination Bolton & Menk will designate Brad Fisher as the project manager to provide a single point of contact throughout the duration of the project. We will attend and coordinate the necessary meetings with city staff, as laid out in the included project schedule and as follows. We will also attend and participate in up to five city council meetings or work sessions, as required for the project, to present project information. City Staff Project Kickoff Meetings and Design Coordination Meetings. Bolton & Menk will conduct a feasibility kickoff meeting and a design kickoff meeting with city staff. At the meetings, we intend to revisit our project understanding and outline our approach to meeting the city's project goals and determine any necessary initial meetings with other governing agencies. We will prepare to lead with the city's vision during discussion with these agencies. Up to five subsequent design coordination meetings will be held to Review and discuss the technical design layout during the feasibility stage Discuss 60, 90, and 100 percent plans Determine one additional meeting with topic/need during the course of the project development process To minimize consultant time for the city, we intend to host these meetings virtually. Rice Creek Watershed District. Bolton & Menk has a rich history in designing, permitting, and constructing these types of projects, specifically in communities throughout the RCWD. We know what the RCWD will expect from us, and they are familiar with our permitting submittal packages. This translates to effective communication, uninterrupted project schedules, and cost savings for the City of Arden Hills. Bolton & Menk will facilitate a meeting with RCWD staff to coordinate project goals early in the design process. Specifically, coordination will be required when the project's proposed impervious area and pond dredging quantities are known. We anticipate one additional meeting (two total meetings) prior to final permit submittal, if required, as well as written and verbal communication throughout design, to ensure project timelines are met. Private Utility Coordination. We recognize the statutory requirement to conduct a utility coordination meeting during the design process to verify the accuracy of private utility locations identified by respective owners in the survey drawing, coordinate with private utility owners regarding any improvements they wish to complete in conjunction with the project, and discuss known or potential conflicts between proposed public infrastructure and privately -owned utilities requiring relocation. We have included this scope and associated fee in our proposal to minimize potential for consultant driven contract changes later. Private utility organizations will also be invited to the preconstruction meeting so they will be engaged twice throughout the project process. Similarly, should private utility owners identify a different location of their buried utilities from the location originally surveyed, Bolton & Menk will re -draft the utility location based on maps provided by the utility owner for incorporation into the project plans. Drafting utilities based on plans is likely a reasonable approach given the limited public utility work on this project. We have also included these efforts in our proposed fee to minimize potential for consultant driven changes later. Should risks increase (due to likely/known conflicts with major private utilities, for example), Bolton & Menk can survey/re-survey these private utilities for an additional fee upon city request. GTask 2: Data Collection and Information Review Bolton & Menk will collect and review all the information made available by the city, as laid out in the RFP, including but not limited to city record plans, geotechnical report, pavement condition ratings, sanitary sewer televising, watermain break/leak history, GIS database, field observations, and city design standards. DTask 3: Project Survey Bolton & Menk will conduct a field survey to create a base map identifying above- and below -ground existing features in electronic format at the locations indicated on the project map. The field survey will be conducted from right-of-way to right-of-way for the reconstruction street areas (James Avenue). Additional field survey for the potential Floral Park parking area will be completed from the centerline of Royal Lane to the western tennis court fence, and from the northern edge of the basketball court to the northern edge of the tennis court. A bathymetric survey will be conducted on each of the three pond locations to the edge of water level. The remaining street areas proposed for mill and overlay or reclamation rehabilitation methods will be drafted from curb line to curb line based on an aerial photograph and available as -built information. This collective base map will be used as the basis and background for final design. The field survey will include the following efforts in street reconstruction areas and the Floral Park parking area: • Research county information (section, maps, plats, etc.). Assumes 10 Owner & Encumbrance reports for title and easement research. • Research MnDOT information (such as geodetic monuments). • Submit Gopher State One Call tickets for field markings and maps along all streets. Field markings will be collected on the ground via topographic survey. • Prepare/calculate for field staff (property corner search points, survey collector job file, etc.). • Establish project control based on Ramsey County coordinate system, NAD 83 (2011 Adj.) with elevations based on NAVD 88. • Find field locations of existing conditions and utilities. • Complete structure inventories on existing structures, including rim and invert elevations (assumed 9 total structures along James Avenue). The aerial survey will include the following efforts in street rehabilitation areas: • County GIS parcel linework will be used for right-of-way and property lines • Submit Gopher State One Call tickets to request maps only. No field markings will be requested or collected. • Find field locations of existing conditions and utilities from curb line to curb line based on the aerial photography and provided mapping. • Complete storm structure inventories on existing storm structures just prior to the ultimate outfall to a stormwater management pond (assumes 12 structures), including rim and invert elevations. Complete storm structure inventories on existing structures identified by city public works staff for replacement (assumes 13 structures), including rim and invert elevations. All other storm structures will not be inventoried. Bolton & Menk will also complete a bathymetric assessment of each of the three identified stormwater pond areas to quantify the sediment to be removed. This process includes an assessment of original as -built and/or design information, verification of normal pool elevations, and quantification of sediment. It is assumed that the bathymetric survey will only require data collection up to and below the water level. If additional data collection from the edge of water to the top of slope is necessary, it can be added to our proposal for an additional cost. The following further describes the scope of work: • Capture Light Detection and Ranging WDAR) surface contours near basins • Using a kayak, we will measure the depth to the top of sediment, then push the blunt -ended grade rod to the hard bottom and measure again. These depths are recorded, along with a GPS waypoint, for digital surface modeling. We will compare the measured hard bottom to the original as -built and/or design information (if available) and present to the city. If these elevations differ significantly, then a verification check may be appropriate. • Our measurement technique also utilizes a depth finder attached to the kayak. Depending on when in the year the bathymetric data is collected, the sonar returns from vegetation can cloud the dataset. Therefore, the sonar data will be collected and further vetted for accuracy as digital surface datasets are compiled. • Using AutoCAD tools, the collected data will be converted and compiled in a digital format. Surface models will be created to simply quantify the total accumulated volume. These models are also provided to the contractor, should they use automated equipment for sediment removal. • For dry, or very shallow (less than 2 feet) ponds, traditional topographic survey methods will be used. • County GIS parcel linework will be used for right-of-way and property lines. Topographic survey and the proposed strom sewer layout for drainage improvements near 4242 Norma Avenue are assumed to be provided by the city. An electronic base map will be created and submitted to the city for review prior to initiating design work based on the field, aerial, and bathymetric surveys. It is assumed that no easement exhibits will be required for the project. Task 4: Geotechnical Evaluation We have partnered with Braun Intertec for geotechnical evaluation services on this project. Braun has extensive experience performing these preliminary materials investigation tasks on other projects. They have worked with the City of Arden Hills on a number of recent projects and are well -versed in the city's expectations. A full scope of services and assumptions from Braun is included at the end of this proposal. The fee for this task includes a 10% overhead cost for Bolton & Menk to coordinate the work. The city utilized Braun to complete the initial Pavement Evaluation Report for the project area. However, since then, the project scope has changed slightly requiring further investigations. Work under this task includes conducting soil borings on the reconstruction area (James Avenue) because only a pavement core was conducted with the initial investigation, providing a pavement section recommendation for the reconstruction area, and conducting pond sediment sampling, testing, and analysis consistent with MPCA standards (Managing Stormwater Sediment Best Management Practice Guidance) at the three identified pond locations to determine the MPCA management level necessary for landfilling of the excavated material generated from dredging the ponds. Braun will then generate an amendment to the initial geotechnical report that will include these additional findings and recommendations for the project scope. Task 5: Public Engagement Effective, consistent public engagement is a key component to the overall success of any project. Bolton & Menk's extensive communications capabilities allow us to provide you with a tailored approach to engagement that is organized, efficient, and proactive. Bolton & Menk will engage the public and provide a forum for valuable project discussion. We will work with city staff to develop a survey or questionnaire that city staff will mail to impacted property owners during the feasibility study process to identify key project issues and concerns from residents and businesses. This information will be summarized and incorporated in the feasibility report. We will conduct an open house style public informational meeting during the design of construction plans to inform residents of the proposed improvements. We will solicit comments and inputs from residents. These comments will be discussed with city staff and incorporated into the project design, as directed. Bolton & Menk will conduct a second public informational meeting prior to the start of construction. This meeting will focus on what to expect during the construction process, schedule, access, and impacts. Of particular note, the open house will discuss the construction staging plan and estimated duration, access considerations during the utility construction, and what residents may see during construction to plant the seeds of what they can anticipate in advance. Bolton & Menk will develop and bring all applicable meeting materials, including invitations/notices, boards, handouts, and sign -in sheets. 0 Task 6: Preliminary Schematic Design Bolton & Menk will review the proposed street improvements, watermain replacement, sanitary sewer service rehabilitations, and storm sewer improvements with the city's initial scop in mind. However, we will also apply our expertise to determine if there should be an extension or change in scope, or a change in methods to achieve the same outcome. Work under this task includeds preliminary design (to approximately 15 percent design level). This schematic design will include both proposed roadway and utility improvements. A cost estimate for this recommended design will be completed. QTask 7: Feasibility Report Work under this task includes identifying proposed improvements, identifying issues or risks to the project's success requiring greater exploration during final design, and communication of these elements to project stakeholders. We will perform the high-level preliminary design identified in previous tasks to determine if the project is necessary, feasible, and cost-effective. We will deliver a feasibility report that discusses each individual project segment, the research and analysis that was performed, the cost estimates, and the recommended improvements. Additionally, improvements to pedestrian facilities along Royal Lane will be investigated with a two dimensional analysis to determine potential connection locations. If the city decides to move forward with including these improvements with the project, additional topographic survey, design, estimates, and construction staking will be necessary and can be completed by Bolton & Menk, for an additional fee. Additionally, a preliminary assessment roll will be prepared for the city's preferred alternative in compliance with the requirements of the city's Special Assessment Policy and Minnesota Statutes Chapter 429. The feasibility report will be presented at a city council meeting, included in one of the five meetings identified in the Project Coordination task. (a Task 8: Project Plans Final design and construction plans will be completed in AutoCAD Civil 3D and developed in coordination with city staff. Major design components will include: • Removals/existing conditions plans, including locations of all existing utilities identified in the field survey or as mapped based on subsequent utility coordination • Typical sections • Standard details • Erosion control plan and stormwater pollution prevention plan (SWPPP), including proposed restorations • Grading plans for proposed pond dredging locations 13 assumed) below the water level • Watermain plan and profile sheets, including layout, valve locations, and connection points for the proposed watermain replacement segments in the reconstruction area only o Coordination with public works staff on watermain improvements and replacements, including temporary water service considerations • Sanitary sewer plan sheets, including identified service improvements (may be combined with storm or street sheets, to be determined during final design) o Coordination with public works staff to review sanitary sewer for locations of service replacements and repairs • Storm sewer plan sheets, including structure invert/rim elevations for identified storm sewer improvement locations (13 assumed) and for structures prior to ultimate outfalls at pond locations (12 assumed) • Storm sewer plan and profile sheets for storm sewer improvements identified near 4242 Norma Avenue • Street plan sheets, including roadway alignment and widths for the rehabilitation areas • Street plan and profile sheets, including roadway alignment, profile, and widths for the reconstruction areas and parking area • Intersection detail sheet for the reconstruction area only • Cross sections at 50-foot intervals, driveways, and critical design locations for reconstruction areas only • Signing and striping plans o No changes are proposed —where impacted by improvements, notes to salvage/reinstall sign posts along with their associated signage will be included and striping will be replaced in -kind • Traffic control plan sheets, including a construction staging plan, if necessary • Preparation of statement of estimated quantities, including street, utilities, and miscellaneous construction items, all consistent with the city's standard specifications, MnDOT item designation numbers, and measurement/payment requirements will be incorporated Design will be conducted to meet or exceed RCWD permitting requirements for stormwater management and erosion control. Upon completion of final plans, we will submit all required information to RCWD for verification/ approval. Our scope of services assumes the project will be designed such that the RCWD stormwater management trigger for a Public Linear project (less than one acre of new or reconstructed impervious — excluding mill/overlay and reclamation methods) is a design constraint. As such, we do not anticipate nor does our scope of services include design of volume control, water quality, and rate control practices. Additionally, we are assuming the work associated with dredging of the five ponds will not require a permit. These standards are subject to change and potential changes to the rules should be considered during design of this project; however, we cannot anticipate what these changes might entail and will have to scope our services based on the current standards and how we anticipate RCWD will view the pond dredging activities. Bolton & Menk will provide plan submittals at 60 and 90 percent for city review prior to submitting the final plans for bidding. Using past bid information from the City of Arden Hills and other nearby metro communities —as well as current contractor pricing, overall city knowledge, local contractors, and site conditions —we will prepare an opinion of probable construction cost. Electronic and hard copies of the opinion of probable cost will be provided to the city and be used for bidding and assessment purposes. ®Task 9: Project Manual/ Specifications Bolton & Menk will work with city staff to prepare the project manual and specifications for bidding and construction purposes. We have significant experience compiling these documents from previous city projects which allows us to provide this service to the city in a reduced number of hours which leads to cost savings for the city. Documents will include: • Standard front-end documents provided by the city and edited by Bolton & Menk for project specifics • Special provisions and technical specifications for project -specific items of work We will provide specification submittals at 60 and 90 percent for city review, prior to submitting the final specifications for bidding. Three final paper copies and a PDF digital copy of the plans and specifications will be provided to the city for bidding. OTask 10: Permitting Conference calls will be coordinated with governing agencies to discuss permit applications, if necessary. Our team will prepare permit applications, secure city signatures, and submit them to governing agencies for all required permits related to the project (permit fees will be paid for by the city and are not included in our proposed fees). It is assumed that the following general permits will be required: • MPCA Construction Stormwater permit • RCWD Erosion and Sediment Control Plan permit MDH Watermain Plan Review permit Ramsey County right-of-way permit Conference calls will be coordinated with governing agencies to discuss permit applications, if necessary. It is assumed that RCWD permits will not be required for stormwater management or activities associated with pond dredging. Additional specialty permits will also be required by this project at the five pond locations. Completion of a routine Level 1 wetland delineation is appropriate when the exact boundary of a wetland is not a critical or the project's activities meet the No Loss criteria defined in the Wetland Conservation Act (WCA). The Level 1 review will consist of an examination of common offsite mapping resources to determine the wetland type and sketch its approximate boundaries. This includes compiling information as follows: available aerial photographs; Ramsey County LiDAR maps; national wetlands inventory maps; Ramsey County soil survey maps; and MNDNR public waters maps. Bolton & Menk will use the routine Level 1 wetland delineation to determine and prepare the appropriate permit application to account for any aquatic resource impacts proposed by the project. This will include the MN Joint Application to the U.S. Army Corps of Engineers and Local Government Unit. These applications will include GIS-based figures, permit narrative, and project plan set. In some cases, the reviewing agencies request additional information and/ or a Technical Evaluation Panel meeting during the review process. If our attendance is requested at a meeting to discuss the acceptance of the delineated boundaries or the agencies request additional information, this service will be provided on an estimated hourly basis at our Wetland Specialist rate. Please note that if these tasks are not requested, the client will not be billed. Task 11: Bidding Assistance Bolton & Menk will prepare the advertisement for bids for the city to send to required publications. We will also provide plans and specifications for electronic distribution to Quest CON by the city. Bolton & Menk will answer all written and verbal questions from potential bidders. If necessary, we will issue addenda to address project -related questions during bidding. We will attend the bid opening, tabulate bids, and prepare the letter of award recommendation. It is noteworthy that the City of Arden Hills received exceptional bids the last two Bolton & Menk led street projects. Bolton & Menk, including this specific proposed project team, is well respected by contractors in the industry for having constructable improvements. We will carefully monitor the list of plan holders and gauge the market during the bidding process to best position the City of Arden Hills for bottom line success. ®Task 12: Construction Services Bolton & Menk will assist the city through the construction phase by providing construction administration, observation, and staking services. We feel our practical and pragmatic approach during design is built from our team's thorough understanding and background working on the construction phase of projects. As such, we excel in this area. We will plan and lead the project's pre -construction meeting and review shop drawings as they are submitted by the contractor. Our survey crew will complete the following field staking tasks during construction: • Control verification • Staking watermain replacement for the reconstruction areas • Staking storm sewer replacement, as necessary, for the reconstruction areas and drainage improvements near 4242 Norma Avenue • Staking storm sewer (assumes 13 structures identified by city public works staff for replacement and an estimated additional 12 structures to be reconstructed to include additional BMPs prior to outfall — 25 total structures) • Staking curb for the reconstruction areas and Floral Park parking area • Providing select bluetops at tie-in intersections for the reconstruction areas • Providing two control points per pond for contractor's equipment to complete pond dredging via GPS (control points will be at top nut of existing hydrants or permanent iron pipes with brass/aluminum caps for the city's long-term use) • Verification survey at conclusion of pond dredging excavations/grading (assumes one per pond) Survey crews will provide construction stakes with alignment and grade, as necessary, and documentation of all survey points installed. If the assumptions above change or other facilities are requested for staking, our project staff will be available to complete further field staking for an additional fee based on submitted hourly rates. We will provide on -site construction observation throughout the project. Our scope of services assumes construction will take approximately 12 weeks. It is expected that full-time observation, 50 hours per week, will be needed during reconstruction and utility construction, and part-time observation, 30 hours per week, will be needed during rehabilitation construction, to complete this project. These assumptions are based on the minimum amount of time and effort to inspect work throughout the construction season. The hours do not account for items outside of Bolton & Menk's control and it is possible that a higher level of service will be needed. If full-time inspection is needed throughout construction and the hours and/or duration need to increase from our estimate, Bolton & Menk can provide that level of service, with the approval of the city, for the additional hours needed at the hourly rate provided in our Summary of Fees table. Bolton & Menk's construction observer will observe the work performed by the contractor per the project plans and specifications, make notations for as -built purposes where acceptable deviations are made by the contractor, and produce required documentation for this locally funded project. This individual will also handle communication and questions from residents, and they will relay information between the contractor and the city as necessary. The observer will also coordinate construction materials testing with a testing agency to be provided by the city; construction materials testing is not included in our proposal and/or fees. We will coordinate to have two geotechnical firms provide quotes for construction materials testing for the city's consideration. Bolton & Menk's construction observer will be available via phone, email, and text to respond to resident needs throughout construction. Our project team will provide updates and notices as necessary for water shutdowns and access restrictions, making sure residents have access when possible and when needed. We will also respond to commonly -asked questions and requests during the construction process. Our project manager will provide oversight of our construction observer, administer the construction contract, and facilitate weekly construction meetings. It is anticipated that our project manager will spend approximately 10 hours per week on construction administration responsibilities. They will conduct weekly construction meetings with the contractor during utility and reconstruction portions of the project (and as -needed thereafter), prepare progress payments monthly, and prepare change order documents as necessary. They will also provide monthly construction newsletters to the city for mailing to residents. UV Task 13: Project Closeout Work under this task includes completing a review of the project site with the city and the contractor. We will walk the site with project stakeholders and identify any punch list items that need to be addressed. We will provide a copy of the punch list from the walkthrough and review the items in coordination with the construction observer. Bolton & Menk will survey the final improvements and prepare record drawings to deliver to the city for the project. The as-builts will be in electronic PDF format, including redlined elevations and changes made during the construction process and documented by the construction observer during their observation duties or received separately from the city's contractor. The as -built survey will verify structure installations for horizontal location, rim elevation, and inverts of fully replaced structures (storm CBs/MHs and water valves/hydrants — assumes a total of 34 structures). All other utilities remaining in place, including those identified for casting replacement or adjustment, will not be collected as part of the as -built survey. SCHEDULE O2024 PMP Street and Utility Improvements I City of Arden Hills, Minnesota The following table summarizes the hours and cost breakdown for each major work task item. The estimated fee includes labor, general business, and other normal and customary expenses associated with operating a professional business. Unless otherwise noted, the fees include vehicle and personal expenses, mileage, telephone, survey stakes, and routine expendable supplies; no separate charges will be made for these activities and materials. Expenses beyond the agreed scope of services and non -routine expenses, such as large quantities of prints, extra report copies, out -sourced graphics and photographic reproductions, document recording fees, outside professional and technical assistance, and other items of this general nature will be invoiced separately. City of Arden 2024 PMP Hills Street and Utility Improvements Bolton & Menk, Inc. v ba s E m 3 Task No. v Work Task Description c c m d .0 c c c N m d N c a W N v— W -° r° a u w u C Total Total C n •� a m u c F z i, `w d °C `w a m e v� v a 0 0 > ~ w v Hours O W A p m .o 3 c a 34 3 a 3 a Z 3 2 2 0 1 0 0 1 0 0 0 59 $10,225 1.0 Project Coordination 18 2.0 Data Collection & Information Review 0 6 2 0 0 0 0 0 0 0 0 8 $1,240 3.0 Project Survey 0 0 30 2 20 0 0 14 35 60 0 161 $25,183 4.0 Geotechnical Evaluation GeotechnlcalSubconsultant $16,200 5.0 Public Engagement 8 24 40 0 0 0 0 0 0 0 18 90 $12,614 6.0 Preliminary Schematic Design 2 28 70 0 0 0 0 0 0 0 0 100 $14,136 7.0 Feasibility Report 5 52 16 2 4 2 0 0 0 0 0 81 $12,805 8.0 Project Plans 18 74 336 6 38 0 0 0 0 0 24 496 $68,760 9.0 Project Manual/Specifications 8 50 2 0 0 0 0 0 0 0 44 104 $14,552 10.0 Permitting 2 4 8 2 2 50 0 0 0 0 8 76 $10,348 11.0 Bidding Assistance 0 8 0 0 0 0 0 0 0 0 30 38 $4,394 12.0 Construction Services 16 148 0 0 0 0 566 13 18 108 2 871 $128,299 _ ..rL7i.+ •.�.�r,..... . �Y ...�w:��l�n.t.:►M::�.;.r,.+�..k:':�:....�-� ._. Sa�4=���.aY.�'.��_ �_ .,....._• - -- � .... BRAUN I NTE RTEC The Science You Build On. February 17, 2023 Brad Fisher, PE Bolton & Menk, Inc. 12224 Nicollet Avenue Burnsville, MN 55337 Braun Intertec Corporation Phone: 952.995.2000 11001 Hampshire Avenue S Fax: 952.995.2020 Minneapolis, MN 55438 Web: braunintertec.com Proposal QTB172950 Re: Proposal for a Geotechnical Evaluation and Sediment Sampling Services Additional Geotechnical Services —Arden Hills 2024 PMP James Avenue Arden Hills, Minnesota Dear Mr. Fisher: Braun Intertec Corporation respectfully submits this proposal to complete additional geotechnical services and pond sediment sampling and testing for the 2024 Pavement Management Project (PMP) in Arden Hills, Minnesota. Project Information Per your email Request for Proposal (RFP) on February 9, 2023, we understand the proposed rehabilitation method on James Avenue in the project area was changed to a full reconstruction due to the City's need to replace the watermain. Additionally, dredging is planned for five stormwater ponds and thus, require the sediment to be tested to determine the appropriate management level to satisfy Minnesota Pollution Control Agency (MPCA) requirements. Additional Geotechnical Services Purpose The purpose of our geotechnical evaluation will be to characterize subsurface geologic conditions at selected exploration locations, evaluate their impact on the project, and provide additional geotechnical recommendations for the design and reconstruction of James Avenue and associated watermain replacement. Scope of Services We propose the following tasks to help achieve the stated purpose. If we encounter unfavorable or unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming our services. Site Access We assume the site is accessible to a truck -mounted drill rig. We assume there will be no cause for delays in accessing the exploration locations. We are not including tree clearing, debris or obstruction removal, grading of navigable paths, or snow plowing. AA/EOE Bolton & Menk, Inc. Proposal QTB172950 February 17, 2023 Page 2 Depending on access requirements, ground conditions or potential utility conflicts, our field crew may alter the exploration locations from those proposed to facilitate accessibility. Our drilling activities may also impact the vegetation and may rut the surface to access boring locations. Restoration of vegetation and turf, if disturbed, is not part of our scope of services. Staking We will stake prospective subsurface exploration locations, as selected in consultation with you, and obtain surface elevations at those locations using GPS (Global Positioning System) technology. For purposes of linking the GPS data to an appropriate reference, we request that you provide CAD files indicating location/elevation references appropriate for this project. Utility Clearance Prior to drilling or excavating, we will contact Gopher State One Call and arrange for notification of the appropriate utility vendors to mark and clear the exploration locations of public underground utilities. You, or your authorized representative, are responsible to notify us before we begin our work of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. Permits We will obtain a right-of-way permit with the City of Arden Hills prior to beginning our fieldwork. We assume the City will waive permit fees as we will be completing the work for the City. Traffic Control Based on the low traffic levels on James Avenue, we propose to limit our traffic control to signs and cones to alert motorists to our work in the area. Penetration Test Borings We propose to drill two standard penetration test (SPT) borings for the project to nominal depths of 141/2 feet. We will perform standard penetration tests at 2 1/2-foot vertical intervals to a depth of about 14 1/2 feet, and at 5-foot intervals at greater depths, if required. If the intended boring depths do not extend through unsuitable material, we will extend the borings at least 5 feet into suitable material at greater depths. The additional information will help evaluate such issues as excavation depth and consolidation settlement among others. If we identify a need for deeper (or additional) borings, we will contact you prior to increasing our total estimated drilled footage and submit a Change Order summarizing the anticipated additional effort and the associated cost, for your review and authorization. Groundwater Measurements If the borings encounter groundwater during or immediately after drilling of each boring, we will record the observed depth on the boring logs. MDH Notification and Sealing Record Since our planned exploration will be less than 15 feet in depth, the Minnesota Statutes will not require that we complete any notifications or sealing records. If we extend any of the borings to a depth of 15 feet or BRAUN INTERTEC Bolton & Menk, Inc. Proposal QTB172950 February 17, 2023 Page 3 greater, the Statutes requires that we seal the boreholes and complete a Sealing Record. If 25 feet or greater, the Statutes also require us to complete a Sealing Notification Form. If the Record or Form are required, we will contact you to discuss the additional fees and sealing requirements. Borehole Abandonment We will backfill our exploration locations immediately after completing the drilling at each location. Minnesota Statutes require sealing temporary borings that are 15 feet deep or deeper. We currently do not anticipate having to seal any of the boreholes. Upon backfilling or sealing exploration locations, we will fill holes in pavements with a temporary patch. Overtime, subsidence of borehole (core) backfill may occur, requiring releveling of surface grades or replacing bituminous or concrete patches. We are not assuming responsibility for re -leveling or re - patching after we complete our fieldwork. Sample Review and Laboratory Testing We will return recovered samples to our laboratory, where a geotechnical engineer will visually classify and log them. To help classify the materials encountered and estimate the engineering properties necessary to our analyses, we anticipate performing moisture content tests and percent passing the #200 sieve tests. We will adjust the actual number and type of tests based on the results of our borings. Engineering Analyses We will use data obtained from the subsurface exploration and laboratory tests to evaluate the subsurface profile and groundwater conditions, and to perform engineering analyses related to structure and pavement design and performance. Report We will prepare an addendum report including: ■ A CAD sketch showing the exploration locations. ■ Logs of the borings describing the materials encountered and presenting the results of our groundwater measurements and laboratory tests. ■ A summary of the subsurface profile and groundwater conditions encountered by the additional borings. ■ Discussion identifying the subsurface conditions that will impact design and construction. ■ Discussion regarding the reuse of on -site materials during construction. ■ Recommendations for preparing utility and pavement subgrades, and the selection, placement and compaction of fill. ■ Recommendations for pavement section design for James Avenue. BRAVN INTERTEC Bolton & Menk, Inc. Proposal QTB172950 February 17, 2023 Page 4 The addendum report will only address recommendations for the additional work on James Avenue. The recommendations in our previous geotechnical evaluation will not change unless stated in the addendum. We will only submit an electronic copy of our report to you unless you request otherwise. At your request, we can also send the report to additional project team members. Environmental Scope of Services Sediment Sampling Our scope is generally based on the Minnesota Pollution Control Agency's current best management practice (MPCA BMP) document (MPCA, 2017). The sampling is proposed to be completed in foot -accessible locations at each of the ponds, either through the ice or wading into the pond at sufficiently shallow locations. Note that if ice conditions are not thick enough (including if ice has not fully receded from the pond in warmer conditions) to conduct the work safely, the work may need to be postponed until pond conditions allow the safe completion of the work. Additional costs may be incurred if more than one mobilization is required due to unsafe conditions. Per your request, and in accordance with MPCA BMPs, we will collect two analytical samples from each pond area provided. The sample will be collected by driving a push probe sampler into the underlying sediment using hand -driven probe sampling equipment. The sample will be comprised of composites from the 0- to 5-foot interval (or shorter interval that is appropriate based on the sediment thickness) from up to three sampling probe locations. For example, for a pond requiring two analytical samples, up to six probes would be advanced, with sediments from three probes composited to make up the first sample, and the remaining three probes comprising the second sample. This method allows for a more representative sample of the sediments that will be dredged from those areas of the pond. For each probe advanced, soil sample textures will be evaluated by visual methods as the samples are collected and noted in the field notes. Drilling tools will be cleaned prior to and between sampling runs by washing the equipment with a brush and water containing trisodium phosphate and rinsing the equipment with water. Where hand -driven probe samplers are used, a clean liner will be used for sample collection for each sample. The samples will be transferred to clean laboratory -supplied containers, preserved in accordance with Braun Intertec Standard Operating Procedures (SOPS) and transported to the Pace Analytical Services laboratory for analysis. Chain of Custody will be initiated at the time of sampling and maintained throughout the process. Each of the sediment samples will be analyzed by the Pace Analytical Services laboratory for the following parameters: BRAVN INTERTEC Bolton & Menk, Inc. Proposal QTB172950 February 17, 2023 Page 5 Arsenic by EPA 6020 Copper by EPA 6010 or 6020 Polycyclic Aromatic Hydrocarbons listed in Table A-1 of MPCA Guidance Document For the purpose of this proposal, we assume 10 soil samples will be submitted for chemical analysis. Standard Pace Analytical Services quality assurance/quality control (QA/QC) procedures will be used. The samples will be analyzed within a turnaround time of approximately 10 working days. Reporting We will prepare a letter report describing our sampling goals, methodology, and results. Approximate sampling locations will be plotted on aerial photographs. The laboratory data will be tabulated and the tables provided to you along with the laboratory report(s). The MPCA Level 1 and Level 2 Soil Reference Values will be included in the table and concentrations exceeding either of those values will be highlighted. Project Schedule We anticipate performing our work according to the following schedule. ■ Drill rig mobilization — within about 4 weeks following receipt of written authorization ■ Geotechnical field exploration —1 day on site to complete the work ■ Pond sediment sampling — 2 days on site to obtain the samples ■ Geotechnical classification and laboratory testing — within 1 to 2 weeks after completion of field exploration ■ Pond sediment subcontract laboratory testing — typically within 2 weeks after completion of field sampling ■ Preliminary results — within 1 week after completion of field exploration; within 2 to 3 weeks after collection of pond sediment samples ■ Final report submittal — within 2 weeks after completion of the field and laboratory testing If we cannot complete our proposed scope of services according to this schedule due to circumstances beyond our control, we may need to revise this proposal prior to completing the remaining tasks. BRAVN INTERTEC Bolton & Menk, Inc. Proposal QTB172950 February 17, 2023 Page 6 Fees We will furnish the services described in this proposal for a lump sum fee of $14,715. Table 1 provides a breakdown of the proposed fees. Table 1. Proposed Fee Breakdown Service Fee Geotechnical Scope Staking and Utility Clearance $ 805 Drilling 1,890 Laboratory Testing 240 Coordination, Engineering Analysis, and Report 1,735 Geotechnical Scope Total $ 4,670 Stormwater Pond Sediment Sampling Field Services $ 4,115 Subcontractor Analytical Testing 3,340 Project Management and Reporting 2,590 Stormwater Pond Sediment Testing Total $10,045 Combined Scope Total $14,715 Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for work we perform during each invoicing period. Additional Services Our fees do not include potential costs due to the need for snow plowing, towing, stand-by time or work that is not included in the above Scope of Services. We will charge costs for snow plowing or towing (if necessary) at a rate of 1.15 times the actual cost. For stand-by time (defined as time spent by our field crew due to circumstances that are beyond the control of our field crew or its equipment, or beyond the scope of services indicated above), we will charge a rate of $300 per hour. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. Please sign and return a copy to us in its entirety. We based the proposed fee on the scope of services described and the assumptions that you will authorize our services within 30 days and that others will not delay us beyond our proposed schedule. BRAVN INTERTEC Bolton & Menk, Inc. Proposal QTB172950 February 17, 2023 Page 7 We will provide our services under the terms of the Master Subconsultant Agreement for Professional Services dated January 1, 2017 between Braun Intertec and Bolton & Menk, Inc. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Kevin Zalec at 952.995.2223 (kzalec@braunintertec.com) or Josh Kirk at 952.995.2222 (jkirk@braunintertec.com) for the geotechnical scope or Edward Pencak at 612.500.3752 (epencak@braunintertec.com) for the environmental scope. Sincerely, BRAUN INTERTEC CORPORATION ��� !� 4L,.C, Kevin S. Zalec, PE Senior Engineer Edward S. Pencak Project Scientist Zh'ua L. Kirk, PE Director, Senior Engineer The proposal is accepted, and you are authorized to proceed. Authorizer's Firm Authorizer's Signature Authorizer's Name (please print or type) Authorizer's Title Date BRAVN INTERTEC ,—iIZEN HILLS MEMORANDUM DATE: March 13, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Resolution 2023-012 Approving No Mow May Budgeted Amount: Actual Amount: N/A Council Should Consider N/A Motions to approve, table, or deny the following: • Resolution 2023-012 Approving No Mow May Discussion CONSENT ITEM — 7K Funding Source: N/A At the February work session, the City Council discussed No Mow May and directed Staff to move forward with bringing forward a resolution for approval that would allow residences and businesses the opportunity to participate. No Mow May is an effort to help protect pollinators during the spring season. Below is a blurb from Bee City USA. Why mow less in the spring? The start of the growing season is a critical time for hungry, newly emerging native bees. Floral resources may be hard to find, especially in urban and suburban landscapes. By allowing lawns to grow longer, and not applying pesticides to flowering plants in your lawn, you can provide nectar and pollen to help your bee neighbors thrive. Mowing less is just one thing we can do protect pollinators. The full information from Bee City USA can be found here: https://beecityusa.or_ no-mow- mU/#:—:text=No%20Mow%2OMay%20is%20a,forage%20for%20early%20season%20pollinators The attached resolution will temporarily suspend enforcement of the City's code provision relating to long grass for the month of May. Residents and businesses that choose to participate do not need to register with the City nor post anything on their property. Properties choosing to participate will have until June loth to come back into conformance with City Code, after June loth properties not in conformance with City Code will be subject to code enforcement. Page 1 of 2 Budget Impact N/A Attachment Attachment A: Resolution 2023-012 Page 2 of 2 Attachment A It EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-012 RESOLUTION APPROVING NO MOW MAY WHEREAS, pollinator populations are threatened due to many factors, including habitat loss and pesticide use; and WHEREAS, pollinators serve a necessary role as pollinators of many plants, including agricultural plants such as many fruits, vegetables, and nuts; and WHEREAS, early season food sources are necessary for pollinators; and WHEREAS, reducing the amount of mowing during the early growing season can increase available floral resources for forage; and WHEREAS, the City of Arden Hills encourages the use of pollinator friendly lawn care practices; and WHEREAS, No Mow May is an initiative that encourages property owners to limit lawn mowing during the month of May. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arden Hills, Minnesota, recognizes No Mow May to create additional early season food and habitat for pollinators and other insect species in lawns and encourages property owners to refrain from mowing during the month of May. The enforcement of City Code Chapter 6 relating to Nuisances and Offenses shall temporarily be suspended from May 1st to May 31" for residences and businesses, permitting all property owners who wish to participate in this initiative to voluntarily delay mowing until June, which may result in lawn height exceeding the established ordinance of eight inches. Properties will have until June 10th to bring their property back into conformance with City Code. The Minnesota State Mandate regarding the management of noxious weeds will continue to be enforced. To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 13TH DAY OF MARCH, 2023. David Grant, Mayor ATTEST: Julie Hanson, City Clerk 12231574v1