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04-10-23-R
Mayor: David Grant lt Councilmembers: -AEN HILLS Brenda Holden Emily Rousseau Regular City Council Tena Monson Tom Fabel Agenda April 10, 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://US02W EB.ZOOM. US/J/89909845295 *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 5. STAFF COMMENTS 5.A. TCAAP/Rice Creek Commons Update Dave Perrault, City Administrator Documents: MEMO.PDF 6. APPROVAL OF MINUTES 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 Cooperative Agreement With Ramsey County For Landscaping Maintenance West Of TH-10 At Highway 96 David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 7.C. Motion To Approve Professional Services Agreement For Feasibility Report - Bolton & Menk - 2024 Street And Utility Improvements Project David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 7.D. Motion To Approve Resolution 2023-013 Approving Grant Agreement Between Met Council And City Of Arden Hills For 2021 And 2022 Sanitary Sewer Lining Program David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 7.E. Motion To Approve 2023 State Of Minnesota Institution Community Work Crew (ICWC) Program Contract David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 75. Motion To Approve Professional Services Agreement Amendment No. 1 - Bolton & Menk - Lift Station No. 10 David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 7.G. Motion To Approve Resolution 2023-014 Recommending The City Of Coon Rapids Award The 2023 Street Maintenance Program Lucas Miller, Assistant Public Works Director Documents: MEMO.PDF ATTACHMENT A BID TAB.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF 7.H. Motion To Approve Professional Services Agreement With Rainbow Tree Care Lucas Miller, Assistant Public Works Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF 7.1. Motion To Approve Resolution 2023-015 Approving Amended Memorandum Of Agreement (MOA) Between State Of Minnesota And Local Governments And Authorizing Participation In National Opioid Settlements Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.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 9.A. Quarterly Special Assessments For Delinquent Utilities Gayle Bauman, Finance Director Katlyn Adair, Accounting Clerk Documents: MEMO.PDF 9.13. Planning Case 23-004 - Amendments To Chapter 13, Sections 1305 And 1320 - Zoning Code - Solar Energy In Conservation District Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF ATTACHMENT J.PDF 9.C. Planning Case 23-003 - Minor Subdivision And Variance At 1174 Edgewater Avenue Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF 10. NEW BUSINESS 10.A. Resolution 2023-016 Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Gayle Bauman, Finance Director Katlyn Adair, Accounting Clerk Documents: MEMO.PDF ATTACHMENT A.PDF 10.B. Planning Case 23-004 - Amendments To Chapter 13 - Zoning Code - Solar Energy In Conservation District o Ordinance 2023-002 Amending Section 1305, Subsection 1305.04 o Ordinance 2023-003 Amending Section 1320, Subsections 1320.04, 1320.05 and 1320.15 o Authorizing Publication of Summary Ordinance 2023-002 and 2023- 003 Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF 10.C. Resolution 2023-017 - Planning Case 23-003 - Minor Subdivision And Variance For 1174 Edgewater Avenue Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 10.D. City/TCAAP Survey Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 10.E. Resolution 2023-018 Condemning The Use Of And Discharging Discriminatory Covenants On City -Owned Property And Approving Participation In The Just Deeds Coalition Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 10.F. Request For Proposals For Attorney Services Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 10.G. Northeast Youth And Family Services Agreement Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 10.H. TCAAP AUAR Dave Perrault, City Administrator Documents: MEMO.PDF 11. UNFINISHED BUSINESS 12. COUNCIL/STAFF COMMENTS ADJOURN CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA PROCLAMATION To recognize April 2023 as Fair Housing Month WHEREAS, the Fair Housing Act, enacted on April 11, 1968, enshrined into federal law the goal of eliminating racial segregation and ending housing discrimination in the United States; and WHEREAS, the Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability, and commits recipients of federal funding to affirmatively further fair housing in their communities; and WHEREAS, the City of Arden Hills is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all; and WHEREAS our social fabric, the economy, health, and environment are strengthened in diverse, inclusive communities; and WHEREAS more than fifty years after the passage of the Fair Housing Act, discrimination persists, and many communities remain segregated; and WHEREAS, acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness. THEREFORE, BE IT RESOLVED that the ARDEN HILLS CITY COUNCIL formally designates April 2023, as Fair Housing Month in THE CITY OF ARDEN HILLS. Arden Hills is an inclusive community committed to fair housing, and to promoting appropriate activities by private and public entities to provide and advocate for equal housing opportunities for all residents and prospective residents of Arden Hills. __________________________ ___________________________ David Grant, Mayor Brenda Holden, Councilmember ___________________________ ___________________________ Emily Rousseau, Councilmember Tena Monson, Councilmember ___________________________ Thomas Fabel, Councilmember STAFF COMMENTS — 5A ,-ARZEN HILLS MEMORANDUM DATE: April 10, 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 I't -Ai DEENHILLS MEMORANDUM DATE: April 10, 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 #6 2023 Payroll #7 Paid Claims - 03/04/2023-03/31/2023 (Check Nos. 51637-51699 and ACH Checks) Total Payroll Total Accounts Payable $98,113.12 $98,826.28 $196,939.40 $533,761.08 $533,761.08 Total Claims $730,700.48 CITY OF ARDEN HILLS PAYROLL # 6 CHECKS DATED: Biweekly: 03/17/23 02/25/23 - 03/10/23 EMPLOYEE DEDUCTIONS I AMT. I CITY BENEFIT Payment Method FIT 1 7,744.401 EFT FICA Oasdi 5,122.911 5,122.91 EFT FICA Medicare 1,198.121 1,198.12 EFT SIT 1 3,483.501 EFT h Premium a1 Premium Health Care Reimb. Dependent Care Reimb. AL HEALTH SAVINGS 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 1,544.47 67.32 0.00 0.00 1,161.44 5,122.34 3,127.04 1,536.00 1,305.79 11,091.17 22.76 47.59 10.60 0.00 32.00 140.00 19.51 Total Employee Deductions 31,685.79 Net Payroll 339.38 Direct Deposit 53,409.08 Gross Payroll Tie -Out 85,434.25 Plus City Paid Benefit 12,678.87 TOTAL PAYROLL COST 98,113.12 FICA TIE -OUT Gross ayroll 85,434.25 Less Total FSA 1,611.79 Less Total H.SA 1,161.44 Less Voluntary Ins 33.36 Net P/R Subject to FICA 82,627.66 FICA Oasdi 6.20% 1 5,122.91 FICA Medicare @ 1.45% 1 1,198.12 0.00 A/P Check* 0.00 A/P Check* A/P Check* A/P Check* 0.00 EFT 0.00 910.42 EFT 447.42 EFT A/P Check* EFT 357.84 EFT 0.00 IA/P Check* IA/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. CITY OF ARDEN HILLS PAYROLL#7 CHECKS DATED: 03/31/23 Biweekly: 03/11/23 - 03/24/23 3MPLOYEE DEDUCTIONS AMT. CITY BENEFIT 8,066.92 EFT Oasdi 5,322.11 5,322.11 EFT Medicare 1,244.70 1,244.70 EFT 3,658.52 EFT AL TAXES 1 18,292.251 6,566.81 ealth Premium rental Premium SA Health Care Reimb. SA Dependent Care Reimb. OTAL FLEXIBLE SPENDING nt Method 0.00 0.00 A/P Check* 0.00 0.00 A/P Check* 0.00 A/P Check* 0.00 A/P Check* 0.001 0.00 HSA Health Saving 0.001 0.00 TOTAL HEALTH SAVINGS 1 0.00 0.00 .FT A 5,175.31 5,971.52 EFT EFT A/P Check* EFT A 3,159.95 447.42 ral Pension Fund -Union 1,536.00 State Retirement System 1,305.79 'AL RETIREMENT 1 11,177.051 6,418.94 FLAC 0.00 EFT A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* ife/Addl/Dep Life 0.00 0.00 ife/Addl non -tax 0.00 TD/STD Insurance 0.00 ERA Life Insurance 0.00 JOE 49 Dues Union 0.00 NUM 0.00 OTAL VOLUNTARY 0.00 0.00 Total Employee Deductions 29,469.30 Net Payroll 234.92 Direct Deposit 56,056.31 Gross Payroll Tie -Out 85,840.53 Plus City Paid Benefit 12,985.75 TOTAL PAYROLL COST 98,826.28 FICA TIE -OUT Gross Payroll 85,840.53 Less Total FSA 0.00 Less Total H.SA 0.00 Less Voluntary Ins 0.00 Net P/R Sub'ect to FICA 85,840.53 FICA Oasdi 6.20% 5,322.11 FICA Medicare @ 1.45% 1,244.70 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: 3/31/2023 2:24 PM ---ARDEN HILLS Check No Vendor No Invoice No Vendor Name Check Date Description Reference Check Amount ACH 0220 MINNESOTA DEPT OF LABOR & INDU 03/10/2023 ALR0146411X 2023 Annual Elevator Inspection 100.00 Total for this ACH Check for Vendor 0220: 100.00 ACH 0243 METROPOLITAN COUNCIL -WASTE WE 03/10/2023 0001152847 Wastewater -April 70,447.39 Total for this ACH Check for Vendor 0243: 70,447.39 ACH 0285 XCEL ENERGY 03/10/2023 817827507 1/17/23-2/15/23 2,862.71 817827507 1/17/23-2/15/23 1,816.39 817827507 1/17/23-2/15/23 340.10 817827507 1/17/23-2/15/23 230.56 817827507 1/17/23-2/15/23 1,285.35 817827507 1/17/23-2/15/23 2,787.49 817827507 1/17/23-2/15/23 59.47 Total for this ACH Check for Vendor 0285: 9,382.07 ACH 0320 HEALTH PARTNERS INC 03/10/2023 009592523567 April Insurance 14,431.68 009592523567 April Insurance 871.86 Total for this ACH Check for Vendor 0320: 15,303.54 ACH 0327 STAPLES INC 03/10/2023 3531119737 Supplies 281.38 3531119738 Supplies 40.79 3531119738 Supplies 118.65 Total for this ACH Check for Vendor 0327: 440.82 ACH 0922 NINENORTH 03/10/2023 2023-023 Audio Visual Services -February 918.83 Total for this ACH Check for Vendor 0922: 918.83 ACH 10363 MINUTE MAKER SECRETARIAL 03/10/2023 M1642 Feburary CC Meeting Minutes 413.88 Total for this ACH Check for Vendor 10363: 413.88 ACH 10476 TWIN CITIES COMMERCIAL CLEANEI 03/10/2023 0323TI12 February Janitorial Services 2,005.58 Total for this ACH Check for Vendor 10476: 2,005.58 ACH 1223 ADAM'S PEST CONTROL - MAIN 03/10/2023 3614279 March Pest Control 85.83 AP Checks by Date - Detail by Check Date (3/31/2023 2:24 PM) Page I Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 1223: 85.83 ACH 4889 COMMUNITY FOOTWORKS 03/10/2023 03022023 March Foot Care Clinic 177.60 Total for this ACH Check for Vendor 4889: 177.60 ACH 5587 CES IMAGING INC 03/10/2023 INVI49231 March Rental 60.00 Total for this ACH Check for Vendor 5587: 60.00 ACH 7501 KELLY & LEMMONS PA 03/10/2023 60226 February Prosecution 3,810.62 Total for this ACH Check for Vendor 7501: 3,810.62 ACH ALPI ALLEGRA PRINT & IMAGING INC 03/10/2023 032823 March Newsletter Postage 910.83 Total for this ACH Check for Vendor ALPI: 910.83 ACH TOII TOKLE INSPECTIONS INC 03/10/2023 030123 February Electrical Inspections 2,032.00 Total for this ACH Check for Vendor TOII: 2,032.00 51637 0131 BEISSWENGERS DO IT BEST 03/10/2023 671307 Supplies 8.99 Total for Check Number 51637: 8.99 51638 10483 CENTRAL PENSION FUND 03/10/2023 401333.0223 February Apprenticeship Fund 320.00 Total for Check Number 51638: 320.00 51639 10218 HR GREEN INC 03/10/2023 160843 Floral Park -February 4,448.38 160843 Arden Manor -February 5,185.87 Total for Check Number 51639: 9,634.25 51640 0447 I.U.O.E LOCAL 49 BENEFIT FUND-INS1 03/10/2023 13P3.0423 April Insurance 11,360.00 N134.0423 April Insurance 1,602.00 Total for Check Number 51640: 12,962.00 51641 UB*00633 TENZIN KHANDO 03/10/2023 Refund Check 011660-000, 4377 Arden View C 32.02 Total for Check Number 51641: 32.02 51642 10448 MARCO TECHNOLOGIES LLC 03/10/2023 495634073 Service 3/25-4/25 35.36 495634073 Service 3/25-4/25 200.35 Total for Check Number 51642: 235.71 51643 10523 METRO-INET 03/10/2023 1110 March IT Support 8,838.00 AP Checks by Date - Detail by Check Date (3/31/2023 2:24 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 51643: 8,838.00 51644 0003 PERMITWORKS 03/10/2023 2023-0004 Support Plan 2023 2,090.00 2023-0004 Support Plan 2023 3,680.00 2023-0004 Support Plan 2023 595.00 Total for Check Number 51644: 6,365.00 51645 3100 PROVIDENT LIFE AND ACCIDENT INS 03/10/2023 E0471136.0223 February Insurance 39.02 Total for Check Number 51645: 39.02 51646 10279 QUADIENT LEASING USA IINC 03/10/2023 N9831957 Ql 2023 Postage Lease 1,297.71 Total for Check Number 51646: 1,297.71 51647 0811 RAMSEY COUNTY 03/10/2023 EMCOM-010666 Fleet Support -February 24.96 EMCOM-010702 CAD Services -February 800.84 EMCOM-010718 911 Dispatch Services -February 4,927.26 Total for Check Number 51647: 5,753.06 51648 0282 REPUBLIC SERVICES #899 03/10/2023 0899-004126728 Recycling -February 8,534.50 0899-004129783 PW Waste -February 301.82 Total for Check Number 51648: 8,836.32 51649 SRFC SRF CONSULTING GROUP INC 03/10/2023 14320.00-14 MVHS Trail -February 7,781.36 Total for Check Number 51649: 7,781.36 Total for 3/10/2023: 168,192.43 ACH 0189 GOPHER STATE ONE CALL 03/17/2023 3020190 February Locates 10.80 3020190 February Locates 10.80 3020190 February Locates 10.80 Total for this ACH Check for Vendor 0189: 32.40 ACH 0192 GRAINGER INC 03/17/2023 9632230497 spout measure and scoop shovel 102.56 Total for this ACH Check for Vendor 0192: 102.56 ACH 0210 KATH FUEL OIL SERVICE CO 03/17/2023 766866 Grease 41.23 Total for this ACH Check for Vendor 0210: 41.23 ACH 0292 OXYGEN SERVICE COMPANY INC 03/17/2023 0003547815 February Rental 30.72 AP Checks by Date - Detail by Check Date (3/31/2023 2:24 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 0292: 30.72 ACH 0327 STAPLES INC 03/17/2023 3531815288 Supplies 8.49 3532361684 Supplies 10.98 Total for this ACH Check for Vendor 0327: 19.47 ACH 0329 MICHAEL CHRISTOFORE 03/17/2023 031323 Mileage Reimbursesment-MRWA 251.52 Total for this ACH Check for Vendor 0329: 251.52 ACH 0382 MISSIONSQUARE #106944 03/17/2023 PR 23-06 PR Batch 00200.03.2023 ICMA Employer Perce PR Batch 00200.03.2023 ICN 447.42 PR 23-06 PR Batch 00200.03.2023 ICMA Employee Perce PR Batch 00200.03.2023 ICN 387.76 Total for this ACH Check for Vendor 0382: 835.18 ACH 0387 MISSIONSQUARE #302482 03/17/2023 PR 23-06 PR Batch 00200.03.2023 ICMA Employee Perce PR Batch 00200.03.2023 ICN 236.28 PR 23-06 PR Batch 00200.03.2023 ICMA Employee Dedu PR Batch 00200.03.2023 ICk 2,503.00 Total for this ACH Check for Vendor 0387: 2,739.28 ACH 10342 MITCHELL GEBAUER 03/17/2023 031323 Mileage Reimbursement-MWRA 251.52 Total for this ACH Check for Vendor 10342: 251.52 ACH 10343 TIM BEEBE 03/17/2023 031323 Mileage Reimbursement-MRWA 263.31 Total for this ACH Check for Vendor 10343: 263.31 ACH 1125 BOLTON & MENK INC 03/17/2023 0307908 2021 PMP-Glenpaul 432.50 0307909 2022 Snelling Ave Improvements 150.50 Total for this ACH Check for Vendor 1125: 583.00 ACH 1363 WATER CONSERVATION SERVICES INI 03/17/2023 13064 Leak Locate-1901 Stowe Ave 349.65 Total for this ACH Check for Vendor 1363: 349.65 ACH 2125 MAX ARVIDSON 03/17/2023 031323 Mileage Reimbursement-MRWA 263.31 Total for this ACH Check for Vendor 2125: 263.31 ACH 2279 NORMS TIRE SALES INC 03/17/2023 71320 Tire Repair #85220 39.70 72955 Tires #85121 433.60 Total for this ACH Check for Vendor 2279: 473.30 ACH 3096 AUTO PLUS 03/17/2023 2303391142560 air filter #85505 2018 Escape 12.15 Total for this ACH Check for Vendor 3096: 12.15 AP Checks by Date - Detail by Check Date (3/31/2023 2:24 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 6555 TKDA INC 03/17/2023 002023000631 Arden Oaks Improvements 1/29-2/25 475.74 Total for this ACH Check for Vendor 6555: 475.74 ACH 8029 MMKR & CORP PA 03/17/2023 53787 2022 Audit Services 1,698.00 53787 2022 Audit Services 890.00 53787 2022 Audit Services 1,698.00 53787 2022 Audit Services 1,698.00 53787 2022 Audit Services 1,918.00 53787 2022 Audit Services 1,698.00 Total for this ACH Check for Vendor 8029: 9,600.00 ACH ADVS ADVANTAGE SIGNS & GRAPHICS INC 03/17/2023 00055793 Signs 141.44 Total for this ACH Check for Vendor ADVS: 141.44 ACH ALPI ALLEGRA PRINT & IMAGING INC 03/17/2023 168601 Spring/Summer Rec Guide 5,455.07 168601 Spring/Summer Rec Guide Postage 0.10 Total for this ACH Check for Vendor ALPI: 5,455.17 ACH FRID JEFF FRID 03/17/2023 031323 Mileage Reimbursement 18.34 Total for this ACH Check for Vendor FRID: 18.34 51650 AR-ADA ADA ARCHITECTS INC. 03/17/2023 PC 18-010 Escrow Refund PC 18-010; 4061 Lexington Ave 780.00 Total for Check Number 51650: 780.00 51651 10513 ASTECH CORP 03/17/2023 PW-21-0109 Pay Arden Oaks Improvement Pay 2 98,187.95 PW-21-0109 Pay Arden Oaks Improvement Pay 2 -4,909.40 Total for Check Number 51651: 93,278.55 51652 10387 ATHLETIC OUTFITTERS 03/17/2023 103216 safety jacket embroidering 89.75 103508 safety jackets embroidering 35.90 103672 shirts & hoodie embroidering -MC 52.50 103682 jacket embroidering 9.95 Total for Check Number 51652: 188.10 51653 0131 BEISSWENGERS DO IT BEST 03/17/2023 695396 Paint and Primer 62.45 Total for Check Number 51653: 62.45 51654 1033 COMCAST 03/17/2023 101030.0323 Service 3/3-4/2 108.35 98681.0323 Service 3/5-4/4 111.32 Total for Check Number 51654: 219.67 51655 10244 COMCAST BUSINESS INC 03/17/2023 AP Checks by Date - Detail by Check Date (3/31/2023 2:24 PM) Page 5 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 167734718 M rch Service 494.18 Total for Check Number 51655: 494.18 51656 10511 CUSTOM TRUCK ONE SOURCE 03/17/2023 2023002104878 Pole Light -Harness #85320 128.34 2023002104878 Pole Light -Harness #85320 128.33 Total for Check Number 51656: 256.67 51657 AR-GROV EVERYDAY CHURCH 03/17/2023 PC 21-005 Escrow Refund PC 21-005: 1275 Red Fox Rd 1,224.90 Total for Check Number 51657: 1,224.90 51658 10218 HR GREEN INC 03/17/2023 160973 Engineering Services -February 48.75 160973 Old Snelling Trail -February 1,130.50 160973 State Aid Traffic Counts -February 180.00 Total for Check Number 51658: 1,359.25 51659 10493 INDIGITAL INC 03/17/2023 13167 Document Scanning 1,048.71 Total for Check Number 51659: 1,048.71 51660 0390 INT'L UNION OPERATING ENGINEERS 03/17/2023 1200.0323 M rch Dues 280.00 Total for Check Number 51660: 280.00 51661 UB*00635 JAMES LARRABEE 03/17/2023 Refund Check 000912-000, 4439 Royal Hills Di 42.02 Total for Check Number 51661: 42.02 51662 MARO M RGOLIS COMPANY 03/17/2023 1624 2022 Tree Plan Project -Pay 1 43,500.00 1624 2022 Tree Plan Project -Pay 1 -2,175.00 Total for Check Number 51662: 41,325.00 51663 0257 M NNESOTA DEPT OF HEALTH 03/17/2023 15318.2023 Water Supply Operator Renewal-2023 23.00 Total for Check Number 51663: 23.00 51664 0330 PIONEER PRESS INC 03/17/2023 11503734.0323 Renewal-52 Week Subscription, 4/3/23-3/31/24 783.00 Total for Check Number 51664: 783.00 51665 1074 PRECISION LANDSCAPE & TREE INC 03/17/2023 86336 Tree Removal -3331 New Brighton Rd 340.00 86337 Tree Pruning-1377 Arden Oaks Dr 500.00 Total for Check Number 51665: 840.00 51666 1208 PREMIUM WATERS INC 03/17/2023 610207-02-23 February Water 19.00 613317-02-23 February Water 41.50 AP Checks by Date - Detail by Check Date (3/31/2023 2:24 PM) Page 6 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Check Number 51666: 60.50 51667 0811 RAMSEY COUNTY 03/17/2023 FLEET-000794 Fuel Purchases -February 3,816.90 SHRFL-002132 Law Enforcement -March 120.856.63 Total for Check Number 51667: 124,673.53 51668 UB*00634 JASON SMITH 03/17/2023 Refund Check 013110-000, 4436 Arden View C 70.53 Total for Check Number 51668: 70.53 51669 10354 ST. PAUL PIONEER PRESS 03/17/2023 0223572589 PC 23-004, Alatus #691 58.80 0223572589 2023-001 Amending Chap 2 48.02 0223572589 PC 23-003, 1174 Edgewater #676 81.34 Total for Check Number 51669: 188.16 51670 1161 VALLEY -RICH CO INC 03/17/2023 31734 Watermain Repair-3988 Glenview Ave 9,529.00 Total for Check Number 51670: 9,529.00 51671 9755 VERIZON CONNECT NWF INC 03/17/2023 OSV000003001862 February Service 339.99 Total for Check Number 51671: 339.99 Total for 3/17/2023: 299,006.50 ACH 0292 OXYGEN SERVICE COMPANY INC 03/24/2023 0008613326 Gun Tube Assembly 121.41 0008613326 Argon Cylinder 59.96 Total for this ACH Check for Vendor 0292: 181.37 ACH 0327 STAPLES INC 03/24/2023 3532486003 Supplies 89.85 3532486003 Supplies 64.49 3532486004 Supplies 13.98 3532486004 Supplies 17.49 Total for this ACH Check for Vendor 0327: 185.81 ACH 0453 CONTINENTAL RESEARCH CORP 03/24/2023 0043046 Cleaning Product 1,044.00 Total for this ACH Check for Vendor 0453: 1,044.00 ACH 0750 VERIZON WIRELESS 03/24/2023 9929811320 Service 3/11-4/10 1,112.73 Total for this ACH Check for Vendor 0750: 1,112.73 ACH 10363 MINUTE MAKER SECRETARIAL 03/24/2023 M1650 March 13 CC Meeting Minutes 196.75 M1650 March 8 PC Meeting Minutes 310.00 AP Checks by Date - Detail by Check Date (3/31/2023 2:24 PM) Page 7 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for this ACH Check for Vendor 10363: 506.75 ACH 10497 CINTAS CORP 03/24/2023 5149960499 March First Aid 134.80 5149960499 March First Aid 50.27 Total for this ACH Check for Vendor 10497: 185.07 ACH 1125 BOLTON & MENK INC 03/24/2023 0308355 Delkor Systems PC 22-014/23-001 #663 270.00 0308355 1/21/23-2/17/23 Planning Services 36.75 0308355 1/21/23-2/17/23 Planning Services 110.25 0308355 1/21/23-2/17/23 Planning Services 2,835.00 0308355 Boldt Capital PC 22-023 #616 315.00 0308355 1/21/23-2/17/23 Planning Services 588.00 0308355 MT Holdings PC 23-003 #676 202.50 Total for this ACH Check for Vendor 1125: 4,357.50 ACH 1252 CAMPBELL KNUTSON - ATTORNEYS 1 03/24/2023 3231G-0223 February Legal 372.00 3231G-0223 February Legal 604.50 3231G-0223 February Legal 26.70 3231G-0223 February Legal 2,309.50 Total for this ACH Check for Vendor 1252: 3,312.70 ACH 5383 CRYSTEEL TRUCK EQUIPMENT INC 03/24/2023 FP191132 Supplies 12.02 Total for this ACH Check for Vendor 5383: 12.02 ACH 7025 ON SITE COMPANIES -OSSTC INC 03/24/2023 0001501659 Restrooms 3/11 Hazelnut & Freeway -34.50 0001502692 Restrooms 3/18-4/14 Perry & Cummings 203.00 Total for this ACH Check for Vendor 7025: 168.50 ACH JOHC JOHNSON CONTROLS INC 03/24/2023 1-128425349449 Mini Split System -AN Room 1,656.32 Total for this ACH Check for Vendor JOHC: 1,656.32 51672 10387 ATHLETIC OUTFITTERS 03/24/2023 103742 Coat Embroidering-LM 9.95 Total for Check Number 51672: 9.95 51673 1033 COMCAST 03/24/2023 44271.0423 Service 3/21-4/20 6.51 Total for Check Number 51673: 6.51 51674 3698 SHAILA CUNNINGHAM 03/24/2023 3072023 Yoga: Jan -Mar 624.00 Total for Check Number 51674: 624.00 51675 DMLP DELL MARKETING LP 03/24/2023 10651357599 Laptop -finance director 1,311.88 10655052744 Computer -senior planner 1,617.81 AP Checks by Date - Detail by Check Date (3/31/2023 2:24 PM) Page 8 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 51675: 2,929.69 51676 0841 EHLERS & ASSOCIATES INC. 03/24/2023 93636 February Financial Services 225.00 Total for Check Number 51676: 225.00 51677 AR-FRAT1 FRATTALONE COMPANIES INC. 03/24/2023 DEMO 2021-00538 Escrow Refund DEMO 2021-00538; 3771 Lexin 2,000.00 Total for Check Number 51677: 2,000.00 51678 1193 FURTHER INC 03/24/2023 16421956 March Participant Fee 52.50 Total for Check Number 51678: 52.50 51679 AR-JULI JULIAN M JOHNSON CONSTRUCTION 03/24/2023 DEMO 2021-00862 Escrow Refund DEMO 2021-00862; 3855 Lexin 2,000.00 Total for Check Number 51679: 2,000.00 51680 0222 LEAGUE OF MINNESOTA CITIES 03/24/2023 378411 2023 Stornwater Coalition 670.00 Total for Check Number 51680: 670.00 51681 UB*00636 BONNIE LOVELL 03/24/2023 Refund Check 001009-000, 4348 Arden View C 120.00 Total for Check Number 51681: 120.00 51682 10362 MARCO TECHNOLOGIES LLC 03/24/2023 INV 10939971 City Hall Parking Lot Camera 1,310.91 Total for Check Number 51682: 1,310.91 51683 0257 MINNESOTA DEPT OF HEALTH 03/24/2023 15314.2023 Water Supply Operator Renewal-2023 23.00 MG.2023 Water Supply Operator Renewal-2023 23.00 MG.2023 Water Supply Operator Renewal-2023 -23.00 Total for Check Number 51683: 23.00 51684 10486 MINNESOTA METRO NORTH TOURISI\ 03/24/2023 031323 SpringHill Suites February Lodging Tax 5,584.82 032123 Quality Inn February Lodging Tax 1,372.75 Total for Check Number 51684: 6,957.57 51685 0600 NCPERS GROUP LIFE INS 03/24/2023 315800042023 April Insurance 64.00 Total for Check Number 51685: 64.00 51686 0155 OFFICE OF MN IT SERVICES 03/24/2023 W23020584 February Phones 750.32 Total for Check Number 51686: 750.32 51687 2785 RAMSEY COUNTY ENVIRONMENTAL 03/24/2023 MNS000115451 2023 Hazardous Waste License 92.00 AP Checks by Date - Detail by Check Date (3/31/2023 2:24 PM) Page 9 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 51687: 92.00 51688 6748 RELIANCE STANDARD 03/24/2023 GL154938.0423 April Insurance 1,519.50 Total for Check Number 51688: 1,519.50 Total for 3/24/2023: 32,077.72 ACH 0327 STAPLES INC 03/31/2023 3532947939 Supplies 21.49 3532947940 Supplies 5.39 3532947941 Supplies 40.46 3532947941 Supplies 108.55 Total for this ACH Check for Vendor 0327: 175.89 ACH 0382 MISSIONSQUARE #106944 03/31/2023 PR 23-07 PR Batch 00300.03.2023 ICMA Employer Perce PR Batch 00300.03.2023 ICN 447.42 PR 23-07 PR Batch 00300.03.2023 ICMA Employee Percc PR Batch 00300.03.2023 ICN 387.76 Total for this ACH Check for Vendor 0382: 835.18 ACH 0387 MISSIONSQUARE #302482 03/31/2023 PR 23-07 PR Batch 00300.03.2023 ICMA Employee Percc PR Batch 00300.03.2023 ICN 269.19 PR 23-07 PR Batch 00300.03.2023 ICMA Employee Dedu PR Batch 00300.03.2023 ICN 2,503.00 Total for this ACH Check for Vendor 0387: 2,772.19 ACH 10474 RECYCLE TECHNOLOGIES 03/31/2023 233776 Christmas Lights Recycling 144.90 Total for this ACH Check for Vendor 10474: 144.90 ACH 6129 FAST SIGNS INC 03/31/2023 204-60027 name badges and name plate 253.24 204-60056 name plates 45.00 Total for this ACH Check for Vendor 6129: 298.24 ACH ACH001 US BANK 03/31/2023 ARVIM32023 ST CLOUD PARKMOBILE-Parking 6.25 BAARS32023 BEISSWENGERS HARDWARE 20.40 BAARS32023 FLEET FARM 2700-Clothing Allowance 154.97 BAUMG32023 DEPT OF LABOR AND INDUSTRY -Bldg Ofli 50.00 CHRIM32023 COSTCO WHSE #0372 job fair 38.01 CHRIM32023 COSTCO WHSE #0372-Clothing Allowance 73.98 CHRIM32023 ST CLOUD PARKING SYSTEM -Training 5.50 CHRIM32023 ST CLOUD PARKING SYSTEM -Training 7.50 FRIDJ32023 U OF M CONTLEARNING-training refund -30.00 FRIDJ32023 NASSCOINC.-training 1,075.00 FRIDJ32023 LEAGUE OF MN CITIES -training 20.00 FRIDJ32023 U OF M CONTLEARNING OL 100.00 FRIDJ32023 AMAZON.COM*H52GL91W1-Jacket-LM 169.99 FRIDJ32023 APWA- PW Week Poster 23.25 FRIDJ32023 AMAZON.COM*HPOCD4412-spare jacket 64.84 FRIDJ32023 NASSCOINC.-training 1,075.00 GEBAM32023 ST CLOUD PARKING SYSTEM -Training 5.50 HANSJ32023 LMC-CC TRAINING -ER 330.00 AP Checks by Date - Detail by Check Date (3/31/2023 2:24 PM) Page 10 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference HANSJ32023 DAVANNIS #10-CC Worksession 129.95 HANSJ32023 LMC-CC TRAINING-TF -251.00 JAGOJ32023 TWIN CITIES NORTH CHAMBER -training 20.00 JOHNM32023 WWW.PEACHJAR.COM-Flyers 25.00 MIKAT32023 APPLE.COM/BILL-Icloud 0.99 MIKAT32023 FLEET FARM 3 1 00-supplies 50.47 MIKAT32023 NORTHERN TOOL EQUIP -supplies 159.98 MOONJ32023 METAL SUPERMARKETS -supplies 63.69 MOONJ32023 METAL SUPERMARKETS -supplies 28.48 MOONJ32023 METAL SUPERMARKETS -supplies 19.25 REBATE32023 US BANK REBATE -383.84 SWEAD32023 MN STATE COLLEGES-MNDotADACert-L1V 150.00 SWEAD32023 U OF M CONTLEARNING-training refund -30.00 SWEAD32023 U OF M CONTLEARNING-training refund -30.00 Total for this ACH Check for Vendor ACH001: 3,143.16 ACH ACH002 AFLAC 03/31/2023 77838 Insurance Premiums- Mar 2023 45.52 Total for this ACH Check for Vendor ACH002: 45.52 ACH ACH005 MINNESOTA REVENUE -SALES & USE 03/31/2023 22023 February Sales/Use Tax -0.56 22023 February Sales/Use Tax 64.56 Total for this ACH Check for Vendor ACH005: 64.00 ACH ACH007 QUADIENT FINANCE USA INC 03/31/2023 6418.0223 Postage 02/28/23 1,000.00 Total for this ACH Check for Vendor ACH007: 1,000.00 51689 0131 BEISSWENGERS DO IT BEST 03/31/2023 698332 supplies 27.98 698430 supplies 20.99 Total for Check Number 51689: 48.97 51690 AR-BETH1 BETHEL UNIVERSITY 03/31/2023 PC21-020 Escrow Refund PC 21-020; 3900 Bethel Drive 1,334.29 Total for Check Number 51690: 1,334.29 51691 CPF1 CENTRAL PENSION FUND SOURCE 03/31/2023 184503.0323 March Pension 4,608.00 Total for Check Number 51691: 4,608.00 51692 UB*00639 CARRIE DUFRESNE 03/31/2023 Refund Check 000342-000, 4480 Arden View C 224.82 Total for Check Number 51692: 224.82 51693 UB*00638 JEFFREY LUDWIGSON 03/31/2023 Refund Check 012798-000, 4321 Arden View C 34.71 Total for Check Number 51693: 34.71 51694 10362 RCO TECHNOLOGIES LLC 03/31/2023 INV11022464 Service 3/25-4/24 and Q1 Usage 628.08 INV11022464 Service 3/25-4/24 and Q1 Usage 110.84 AP Checks by Date - Detail by Check Date (3/31/2023 2:24 PM) Page 11 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Check Number 51694: 738.92 51695 10523 METRO-INET 03/31/2023 1157 Netmotion License -senior planner 240.00 1159 Laserfiche-senior planner 1,083.61 Total for Check Number 51695: 1,323.61 51696 UB*00637 SY MODY 03/31/2023 Refund Check 000302-000, 1307 Amble Road 26.70 Total for Check Number 51696: 26.70 51697 0811 RAMSEY COUNTY 03/31/2023 FLEET-000798 Equipment Parts -February 2,195.69 FLEET-000798 Equipment Service -February 3,006.90 PRMG-004973 PW Rental Space -April 2,580.26 PRMG-004973 PW Rental Space -April 1,146.78 PRMG-004973 PW Rental Space -April 5,160.53 PRMG-004973 PW Rental Space -April 2,580.26 Total for Check Number 51697: 16,670.42 51698 AR -SCAN SCANNELL PROPERTIES 03/31/2023 PC 20-010 Escrow Refund PC 20-010; 4200 Round Lake Ri 294.50 PC 22-006 Escrow Refund PC 22-006; 4200 Round Lake Ri 573.43 Total for Check Number 51698: 867.93 51699 1300 UNIFIRST CORPORATION 03/31/2023 090 0756620 March Mats 126.98 Total for Check Number 51699: 126.98 Total for 3/31/2023: 34,484.43 Report Total (117 checks): 533,761.08 AP Checks by Date - Detail by Check Date (3/31/2023 2:24 PM) Page 12 CONSENT ITEM — 711 'It EN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Cooperative Agreement with Ramsey County - Landscaping Maintenance — West of TH-10 at the Hwy- 96 interchange (PW2023-18M) Budgeted Amount: Actual Amount: Funding Source: $N/A $N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Cooperative Agreement with Ramsey County PW2023-18M, related to the landscaping maintenance west of TH-10 at the Hwy-96 interchange. Background/Discussion At the March 20, 2023, the City Council discussed the landscaping that was installed as part of the MnDOT 2016 reconstruction of TH-10 and Hwy-96 interchange as shown in Attachment B. At the meeting, Council was in favor of having Arden Hills Public Works take the maintenance responsibility from Ramsey County in exchange for the existing planting in poor condition to be replaced by the County at no cost to the City. Attachment A is the Cooperative Agreement PW2023-18M, if approved, the County and the City will proceed accordingly. Budget Impact N/A Attachments Attachment A - Cooperative Agreement with Ramsey County PW2023-18M Attachment B — Landscaping plan sheet from MnDOT 2016 Reconstruction project Page 1 of 1 Attachment A PW2023-18M CITY OF ARDEN HILLS COOPERATIVE AGREEMENT WITH RAMSEY COUNTY for Landscape Maintenance at the Interchange of Highway 96 and Highway 10 Attachment: Exhibit A — SP 6205-969 Pg 5 THIS AGREEMENT, by and between the City of Arden Hills, Minnesota, a municipal corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County"; WITNESSETH•. WHEREAS, the County and the State of Minnesota, acting through its Commissioner of Transportation ("State"), constructed the "Arden Hills Landscaping Plan" along Trunk Highway No. 10 under State Project No. 6205-969 (T.H. 10=062); and WHEREAS, the County and the State have a cooperative agreement, MnDOT Contract No: 1026558; and WHEREAS, the County and the State's cooperative agreement designates the County to maintain the landscaped areas of the "Arden Hills Landscape Plan"; and WHEREAS, the County and the State's cooperative agreement, under Section 2.2 Right of Way, Easements and Permits, authorizes the County and its suppliers, contractors, or volunteers under the direction of the County to work on and occupy the State's Right -of -Way; and WHEREAS, the landscaped areas of the "Arden Hills Landscape Plan" are located within the City of Arden Hills; and WHEREAS, the County and the City desire to have the care and upkeep of the "Arden Hills Landscape Plan" shown in Exhibit A be provided by the City. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. This agreement is effective June 1, 2023. Agreement terms will remain in effect until such time the landscaped areas shown in Exhibit A are permanently removed and/or declared by the City to no longer exist. PW2023-18M 2. The County will provide, within 120 days following the effective date and at its own cost, a one-time refurbishing of the landscape specific to the treed and mulch bed areas on the front side of the retaining wall separating Lakeshore Place and CSAH 96/Old US 10. Refurbishing shall mean returning the existing landscape to a condition commensurate with that of its original installation and shall include replacing dead or dying trees and converting the mulched planting beds, using seed/sod and up to three (3) additional trees, to match the adjoining treed grass/ turf areas. 3. On and thereafter the effective date, the City will provide, at no cost to the County, all care and upkeep of the landscaped areas shown in Exhibit A. Care and upkeep shall mean to include all labor, material, and equipment to maintain, repair, water, fertilize and perform any future plant replacements. 4. The City shall care for and upkeep the landscaped areas as a volunteer to the County, working under the direction of the County, as provided for in the County's contract agreement with the State. 5. The City shall have discretion over the level of care and upkeep of the landscape areas they provide. 6. The City will adhere to the State's contract agreement requirements with the County relating to the performance of landscape maintenance and/or landscape care and upkeep. 7. The City and County recognize that landscaped areas covered under this agreement are located along State right of way and that the State, at its discretion, may direct the removal of landscaped areas within its right of way. 8. The County agrees to remove, at no cost to the City, the landscaped areas covered under this agreement which the State may order to remove permanently. 9. City and the County agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to third parties as a result of the manner in which the City or the County perform or fail to perform duties imposed on each party by the terms of this agreement. Nothing herein will constitute a waiver of limitations of liability available at Minnesota Statutes Chapter 466 and other applicable laws. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK PW2023-18M IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. CITY OF ARDEN HILLS RAMSEY COUNTY ME ME Its Its Un Date: Ryan T. O'Connor Ramsey County Manager Recommend For Approval Brian Isaacson Date: Director of Public Works Approved as to Form: Assistant County Attorney U I'. �41 j,, N 2 QI z t i IV M �< c U fV � UI � Cl m O Z CONSENT ITEM — 7C ,-AI�EN HILLS MEMORANDUM DATE: April 10, 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 — PSA with Bolton & Menk 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: • Professional Services Agreement with 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 On March 13, 2023, the City Council gave direction to staff to proceed with the proposal submitted by Bolton & Menk. This item is to formally authorize the Professional Services Agreement as seen in Attachment A. 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 April 10, 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 Page 1 of 2 Work Session Discussion Informational Meeting/Open House #2 Work Session Discussion (if -needed) Approve Plans, Advertisement for Bids Call for Assessment Hearing Assessment Hearing Accept Bids and Award Construction Contract Start Construction Construction Final Completion Budtet Impact October 16, 2023 November 2, 2023 December 18, 2023 January 8, 2024 February 12, 2024 February 26, 2024 February 26, 2024 April 22, 2024 November 15, 2024 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. Attachment Attachment A: PSA with Bolton & Menk Page 2 of 2 Attachment A AGREEMENT FOR PROFESSIONAL SERVICES MN 2024 PMP STREET AND UTILITY IMPROVEMENTS CITY OF ARDEN HILLS, MN and BOLTON & MENK, INC. This Agreement, made this 1 OTH day of April, 2023, by and between CITY OF ARDEN HILLS, 1245 W. Highway 96, Arden Hills, MN 55112, ("CLIENT"), and BOLTON & MENK, INC., 12224 Nicollet Avenue, Burnsville, MN 55337, ("CONSULTANT"). WITNESS, whereas the CLIENT requires professional services in conjunction with 2024 PMP STREET AND UTILITY IMPROVEMENTS ("Project") and whereas the CONSULTANT agrees to furnish the various professional services required by the CLIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: SECTION 1 - CONSULTANT'S SERVICES A. The CONSULTANT agrees to perform the various Basic Services in connection with the proposed project as described in Exhibit A. B. Upon mutual agreement of the parties, Additional Services may be authorized as described in Paragraph 4.13 and this Agreement will be revised accordingly in writing. SECTION 2 - THE CLIENT'S RESPONSIBILITIES A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section 3 of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include, but is not limited to: boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon public portions of the project and reasonable efforts to provide access to private portions and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret, and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Public Standard Form — MN Page 1 of 11 (Exc. Exhibits) v20210407 F. The CONSULTANT'S services do not include legal, insurance counseling, accounting, independent cost estimating, financial advisory or "municipal advisor" (as described in Section 975 of the Dodd -Frank Wall Street Reform and Consumer Protection Act 2010 and the municipal advisor registration rules issued by the SEC) professional services and the CLIENT shall provide such services as may be required for completion of the Project described in this Agreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the Project. CONSULTANT will assist CLIENT with permit preparation and documentation to the extent described in Exhibit A. H. The CLIENT may hire, at its discretion, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the Project. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. If CLIENT elects not to hire an independent test company, CLIENT shall provide CONSULTANT with guidance and direction on completing those aspects of design and construction that require additional testing data. SECTION 3 - COMPENSATION FOR SERVICES A. FEES. The CLIENT will compensate the CONSULTANT in accordance with the attached Exhibit B Schedule of Fees ("Schedule of Fees") for the time spent in performance of Agreement services. Total cost of services shall not exceed $318,756 without the prior consent of CLIENT. 2. Additional services as outlined in Section LB and 4.B will vary depending upon project conditions and will be billed in addition to the Not -to -Exceed Fee on an hourly basis at the rates described in Exhibit B or as that Exhibit may subsequently be adjusted as described below. 3. The attached Schedule of Fees shall apply for services provided through 12/31/23. Hourly rates may be adjusted by CONSULTANT on an annual basis thereafter to reflect reasonable changes in its operating costs. Adjusted rates will become effective on January 1 st of each subsequent year. 4. Rates and charges do not include sales tax. If such taxes are imposed and become applicable after the date of this Agreement, CLIENT agrees to pay any applicable sales taxes. 5. The rates in the Schedule of Fees include labor, general business and other normal and customary expenses associated with operating a professional business. Unless otherwise agreed in writing, the above fees include vehicle and personal expenses, mileage, telephone, survey stakes and routine expendable supplies; and no separate charges will be made for these activities and materials. 6. Reimbursable Direct Expenses: Except for those expenses identified in Paragraph 3.A.5, any expenses required to complete the agreed scope of services or identified in this paragraph will be listed separately on the invoice, and include but are not limited to large quantities of prints; extra report copies; out -sourced graphics and photographic reproductions; document recording Public Standard Form — MN Page 2 of 11 (Exc. Exhibits) v20210407 fees; special field and traffic control equipment rental; outside professional and technical assistance; postage for project area mailings; geotechnical services; and other items of this general nature required by the CONSULTANT to fulfill the terms of this Agreement. CONSULTANT shall be reimbursed at cost plus an overhead fee (not -to -exceed 10%) for these Direct Expenses incurred in the performance of the work, subject to any limit set forth in Section 3.A. 7. The total fees identified in Paragraph 3.A.1 include fees for the CONSULTANT'S geotechnical subconsultant, (Braun Intertec). CONSULTANT shall be entitled for reimbursement of cost plus an overhead fee (not -to -exceed 10%) for these subconsultant Direct Expenses. B. PAYMENTS AND RECORDS 1. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates and terms. 2. If CLIENT fails to make any payment due CONSULTANT for undisputed services and expenses within 45 days after date of the CONSULTANT'S invoice, a service charge of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less, will be charged on any unpaid balance. 3. In addition to the service charges described in preceding paragraph, if the CLIENT fails to make payment for undisputed services and expenses within 60 days after the date of the invoice, the CONSULTANT may, upon giving seven days' written notice to CLIENT, suspend services and withhold project deliverables due under this Agreement until CONSULTANT has been paid in full for all past due amounts for undisputed services, expenses and charges, without waiving any claim or right against the CLIENT and without incurring liability whatsoever to the CLIENT. 4. Documents Retention. The CONSULTANT will maintain records that reflect all revenues, costs incurred, and services provided in the performance of the Agreement. The CONSULTANT will also agree that the CLIENT, State, or their duly authorized representatives may, at any time during normal business hours and as often as reasonably necessary, have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the CONSULTANT which are relevant to the contract for a period of six years. SECTION 4 - GENERAL A. STANDARD OF CARE Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S profession currently practicing under similar conditions. No warranty, express or implied, is made. B. CHANGE IN PROJECT SCOPE In the event the CLIENT changes or is required to change the scope or duration of the project from that described in Exhibit A, and such changes require Additional Services by the CONSULTANT, Public Standard Form — MN Page 3 of 11 (Exc. Exhibits) v20210407 the CONSULTANT shall be entitled to additional compensation at the applicable hourly rates. To the fullest extent practical, the CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such Additional Services. Except for Additional Services required to address emergencies or acts of God that impact the Project, the CONSULTANT shall furnish an estimate of additional cost, prior to authorization of the changed scope of work. IMaIUMUII:rIto] ►[e]0aI 0IaIrd 1. General Liability of CONSULTANT. For liability other than professional acts, errors, or omissions, and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CLIENT from losses, damages, and judgments (including reasonable attorneys' fees and expenses of litigation) arising from claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, but only to the extent caused by the acts and omissions in the non-professional services of CONSULTANT or CONSULTANT'S employees, agents, or subconsultants. 2. Professional Liability of CONSULTANT. With respect to professional acts, errors and omissions and to the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CLIENT from losses, damages, and judgments (including reasonable attorneys' fees and expenses of litigation) arising from third -party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, but only to the extent caused by a negligent act, error or omission of CONSULTANT or CONSULTANT'S employees, agents, or subconsultants. This indemnification shall include reimbursement of CLIENT'S reasonable attorneys' fees and expenses of litigation, but only to the extent that defense is insurable under CONSULTANT's liability insurance policies. General Liability of CLIENT. To the fullest extent permitted by law and subject to the maximum limits of liability set forth in Minnesota Statutes Section 466.04, CLIENT shall indemnify, defend and hold harmless CONSULTANT from losses, damages, and judgments (including reasonable attorneys' fees and expenses of litigation) arising from third -party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, but only to the extent caused by the acts or omission of CLIENT or CLIENT'S employees, agents, or other consultants. 4. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services under this Agreement are being performed solely for the CLIENT'S benefit, and no other entity shall have any claim against the CONSULTANT because of this Agreement or the performance or nonperformance of services provided hereunder. 5. To the fullest extent permitted by law, CLIENT and CONSULTANT waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement, from any cause or causes. Public Standard Form — MN Page 4 of 11 (Exc. Exhibits) v20210407 6. CLIENT waives all claims against individuals involved in the services provided by CONSULTANT under this Agreement and agrees that any claim, demand, or suit shall be directed/asserted only against the CONSULTANT's corporate entity. D. INSURANCE The CONSULTANT agrees to maintain, at CONSULTANT'S expense a commercial general liability (CGL) and excess or umbrella general liability insurance policy or policies insuring CONSULTANT against claims for bodily injury, death or property damage arising out of CONSULTANT'S general business activities. The general liability coverage shall provide limits of not less than $2,000,000 per occurrence and not less than $2,000,000 general aggregate. Coverage shall include Premises and Operations Bodily Injury and Property Damage; Personal and Advertising Injury; Blanket Contractual Liability; Products and Completed Operations Liability. 2. The CONSULTANT also agrees to maintain, at CONSULTANT'S expense, a single limit or combined limit automobile liability insurance and excess or umbrella liability policy or policies insuring owned, non -owned and hired vehicles used by CONSULTANT under this Agreement. The automobile liability coverages shall provide limits of not less than $1,000,000 per accident for property damage, $2,000,000 for bodily injuries, death and damages to any one person and $2,000,000 for total bodily injury, death and damage claims arising from one accident. 3. CLIENT shall be named Additional Insured for the above CGL and Auto liability policies. 4. The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation coverage together with Coverage B, Employer's Liability limits of not less than $500,000 for Bodily Injury by Disease per employee, $500,000.00 for Bodily Injury by Disease aggregate and $500,000 for Bodily Injury by Accident. 5. The CONSULTANT also agrees to maintain, at CONSULTANT'S expense, Professional Liability Insurance coverage insuring CONSULTANT against damages for legal liability arising from a negligent act, error or omission in the performance of professional services required by this Agreement during the period of CONSULTANT'S services and for three years following date of final completion of its services. The professional liability insurance coverage shall provide limits of not less than $2,000,000 per claim and an annual aggregate of not less than $2,000,000 on a claims -made basis. 6. CLIENT shall maintain statutory Workers Compensation insurance coverage on all of CLIENT'S employees and other liability insurance coverage for injury and property damage to third parties due to the CLIENT'S negligence. 7. Prior to commencement of this Agreement, CONSULTANT will provide the CLIENT with certificates of insurance, showing evidence of required coverages. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement for any reason except non-payment of premium, until at least 30 days prior written notice has been given to the Certificate Holder, and at least 10 days prior written notice in the case of non-payment of premium. E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST Public Standard Form — NW Page 5 of 11 (Exc. Exhibits) v20210407 Where provided by the CONSULTANT as part of Exhibit A or otherwise, opinions or estimates of construction cost will generally be based upon public construction cost information. Since the CONSULTANT has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the CLIENT and the CONSULTANT does not warrant or guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that costs for project financing should be based upon contracted construction costs with appropriate contingencies. F. CONSTRUCTION SERVICES It is agreed that the CONSULTANT and its representatives shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall CONSULTANT have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at any Project site, nor for any failure of a contractor to comply with Laws and Regulations applicable to that contractor's furnishing and performing of its work. CONSULTANT shall not be responsible for the acts or omissions of any contractor. CLIENT acknowledges that on - site contractor(s) are solely responsible for construction site safety programs and their enforcement. G. USE OF ELECTRONIC/DIGITAL DATA Because of the potential instability of electronic/digital data and susceptibility to unauthorized changes, copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by CONSULTANT. Except for electronic/digital data which is specifically identified as a project deliverable for this Agreement or except as otherwise explicitly provided in this Agreement, all electronic/digital data developed by the CONSULTANT as part of the Project is acknowledged to be an internal working document for the CONSULTANT'S purposes solely and any such information provided to the CLIENT shall be on an "AS IS" basis strictly for the convenience of the CLIENT without any warranties of any kind. As such, the CLIENT is advised and acknowledges that use of such information may require substantial modification and independent verification by the CLIENT (or its designees). 2. Provision of electronic/digital data, whether required by this Agreement or provided as a convenience to the Client, does not include any license of software or other systems necessary to read, use or reproduce the information. It is the responsibility of the CLIENT to verify compatibility with its system and long-term stability of media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from third party use or any adaptation or distribution of electronic/digital data provided under this Agreement, unless such third -party use and adaptation or distribution is explicitly authorized by this Agreement. H. REUSE OF DOCUMENTS 1. Drawings and Specifications and all other documents (including electronic and digital versions of any documents) prepared or furnished by CONSULTANT pursuant to this Agreement are instruments of service in respect to the Project and CONSULTANT shall retain an ownership interest therein. Upon payment of all fees owed to the CONSULTANT, the CLIENT shall acquire a limited license in all identified deliverables (including Reports, Plans and Public Standard Form — MN Page 6 of 11 (Exc. Exhibits) v20210407 Specifications) for any reasonable use relative to the Project and the general operations of the CLIENT. Such limited license to Owner shall not create any rights in third parties. 2. CLIENT may make and disseminate copies for information and reference in connection with the use and maintenance of the Project by the CLIENT. However, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any reuse by CLIENT or, any other entity acting under the request or direction of the CLIENT, without written verification or adaptation by CONSULTANT for such reuse will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT and CLIENT shall indemnify and hold harmless CONSULTANT from all claims, damages, losses, and expenses including attorney's fees arising out of or resulting from such reuse. I. CONFIDENTIALITY CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other than CONSULTANT'S employees and subconsultants any information obtained from CLIENT not previously in the public domain or not otherwise previously known to or generated by CONSULTANT. These provisions shall not apply to information in whatever form that comes into the public domain through no fault of CONSULTANT; or is furnished to CONSULTANT by a third party who is under no obligation to keep such information confidential; or is information for which the CONSULTANT is required to provide by law or authority with proper jurisdiction; or is information upon which the CONSULTANT must rely for defense of any claim or legal action. J. PERIOD OF AGREEMENT This Agreement will remain in effect for the longer of a period of two (2) years or until such other expressly identified completion date, after which time the Agreement may be extended upon mutual agreement of both parties. K. HAZARDOUS MATERIALS Except as expressly stated in Exhibit A, the parties acknowledge that CONSULTANT'S Services do not include any services related to Constituents of Concern. If CONSULTANT or any other party encounters, uncovers, or reveals a Constituent of Concern at the Project site or should it become known in any way that such materials may be present at the site or any adjacent areas that may affect the performance of the CONSULTANT's services, then CONSULTANT may, at its option and without liability for consequential or any other damages: 1) suspend performance of Services on the portion of the Project affected thereby until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove such materials, and warrant that the site is in full compliance with applicable laws and regulations; or, 2) terminate this Agreement for cause if it is not practical to continue providing Services. a. Constituent of Concern is defined as asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), lead based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to laws and regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. Public Standard Form — MN Page 7 of 11 (Exc. Exhibits) v20210407 L. TERMINATION 1. For Cause: This Agreement may be terminated by either party upon 7 days written notice in the event of substantial failure by other party to perform in accordance with the terms of this Agreement through no fault of the terminating parry. a. For termination by CONSULTANT, Cause includes, but is not limited to, failure by CLIENT to pay undisputed amounts owed to CONSULTANT within 120 days of invoice and delay or suspension of CONSULTANT's services for more than 120 days for reasons beyond CONSULTANT'S cause or control. b. Notwithstanding the foregoing and with consent of terminating party, this Agreement will not terminate under paragraph 4.L.1 if the party receiving such notice immediately commences correction of any substantial failure and cures the same within 10 days of receipt of the notice. 2. For Convenience: This Agreement may be terminated for convenience by CLIENT upon 7 days written notice to CONSULTANT. In the event of termination by CLIENT for convenience or by CONSULTANT for cause, the CLIENT shall be obligated to the CONSULTANT for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination, computed in accordance with Section 3 of this Agreement. Upon receipt of payment, CONSULTANT shall deliver, and CLIENT shall have, at its sole risk, right of use of any completed or partially completed deliverables, subject to provisions of Paragraph 4.H. 4. In event of termination by CLIENT for cause, CLIENT shall compensate CONSULTANT for all undisputed amounts owed CONSULTANT as of date of termination and, upon receipt of payment, CONSULTANT shall deliver to CLIENT and CLIENT shall have, at its sole risk, right of use of any completed or partially completed deliverables, subject to the provisions of Section 4.H. All other matters will be resolved in accordance with the Dispute Resolution clause of this Agreement. Mu Iffielem1JWIQgoe110183e I IMWIT"to] :7 Nothing in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the CONSULTANT or any of its employees as the agent, representative, or employee of the CLIENT for any purpose or in any manner whatsoever. The CONSULTANT is to be and shall remain an independent contractor with respect to all services performed under this Agreement. N. CONTINGENT FEE The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from award or making of this Agreement. O. NON-DISCRIMINATION Public Standard Form — MN Page 8 of 11 (Exc. Exhibits) v20210407 The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that all employees, persons seeking employment, subcontractors, subconsultants and vendors are treated without regard to their race, religion, sex, color, national origin, disability, age, sexual orientation, marital status, public assistance status or any other characteristic protected by federal, state or local law. P. ASSIGNMENT Neither party shall assign or transfer any interest in this Agreement without the prior written consent of the other party. Q. SURVIVAL All obligations, representations and provisions made in or given in Section 4 and Documents Retention clause of this Agreement will survive the completion of all services of the CONSULTANT under this Agreement or the termination of this Agreement for any reason. R. SEVERABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. S. CONTROLLING LAW This Agreement is to be governed by the law of the State of Minnesota and venued in courts of Minnesota; or at the choice of either party, and if federal jurisdictional requirements can be met, in federal court in the district in which the project is located. T. DISPUTE RESOLUTION CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution or exercising their rights under law. Any claims or disputes unresolved after good faith negotiations shall then be submitted to mediation using a neutral from the Minnesota District Court Rule 114 Roster, or if mutually agreed at time of dispute submittal, a neutral from the American Arbitration Association Construction Industry roster. If mediation is unsuccessful in resolving the dispute, then either party may seek to have the dispute resolved by bringing an action in a court of competent jurisdiction. U. MINNESOTA GOVERNMENT DATA PRACTICES ACT (MGDPA) All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the CONSULTANT'S performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The Consultant agrees to abide by these statutes, rules and regulations and as they may be amended. In the event the CONSULTANT receives a request to release data, it Public Standard Form — NW Page 9 of 11 (Exc. Exhibits) v20210407 shall notify CLIENT as soon as practical. The CLIENT will give instructions to CONSULTANT concerning release of data to the requesting party and CONSULTANT will be reimbursed as additional services for its reasonable labor and other direct expenses in complying with any MGDPA request, but only to the extent that the request is not due to a negligent, intentional, or willful act or omission by the CONSULTANT or other failure to comply with its obligations under this contract. Public Standard Form — MN Page 10 of 11 (Exc. Exhibits) v20210407 SECTION 5 - SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions, or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CLIENT: City of Arden Hills, MN CONSULTANT: Bolton & Menk, Inc. Signature Printed Name Date Address for giving notice: 1245 W. Highway 96 Arden Hills, MN 55112 CLIENT's Representative with authority for ordering engineering services and transmitting instructions: Signature Mike Waltman, Principal Engineer Printed Name 3/27/23 Date Address for giving notice: 12224 Nicollet Avenue Burnsville MN 55337 Attachments: Exhibit A Basic Services (scope and deliverable documents) Exhibit B Schedule of Fees Public Standard Form — MN Page 11 of 11 (Exc. Exhibits) v20210407 CONSENT ITEM — 7D EN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Metropolitan Council Grant Agreement Resolution — 2020 I/I Grant Program Budgeted Amount: Actual Amount: Funding Source: $N/A $N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Resolution 2023-013, approving the grant agreement between the Metropolitan Council and the City of Arden Hills for 2021 and 2022 Sanitary Sewer Lining Projects. Background/Discussion In March 2021, the City applied to the MCES 2020 MCES Municipal Grant Program for reimbursement of a percentage of the construction cost for the Sanitary Sewer Lining Project and was notified of approval to participate in the program. The next step in the Grant Program process is to submit final construction cost information along with a resolution authorizing the City to enter into a Grant Agreement for the final reimbursement. The City of Arden Hills has completed $476,507 of work eligible for funding, the estimated amount of the grant proceeds is $129,004. City staff recommends the City Council approve Resolution 2023-013, Attachment A. Work Eligible for Funding Project Amount 2020 Sanitary Sewer Lining Project 36,986 2021 Sanitary Sewer Lining Project 162,198 2021 PIMP 269,848 2022 Snelling Avenue North 7,475 Attachments Attachment A — Resolution 2023-013 476,507 Page 1 of 1 Attachment A lt ,-AI� HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-013 A RESOLUTION APPROVING THE GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF ARDEN HILLS FOR 2021 & 2022 SANITARY SEWER LINING PROJECT, SUBJECT TO MINOR MODIFICATIONS AND FINAL REVIEW BY CITY ATTORNEY WHEREAS, the Minnesota State Legislature has appropriated general obligation bond funds for grants to municipalities to reduce inflow and infiltration in their public system infrastructure, administered by Metropolitan Council Environmental Services (MCES); and WHEREAS, application to participate in the MCES 2020 Municipal Grant Program (Grant Program) was made in March 2021, for the reimbursement of a percentage of the construction costs of the 2020 Sanitary Sewer Lining Project, 2021 Sanitary Sewer Lining Project, 2021 PMP, and Snelling Avenue North Improvements Project (Project); and WHEREAS, the City was notified by MCES Letter of Intent in April 2021, of approval to participate in the Grant Program; and WHEREAS, the City of Arden Hills awarded a bid for the Projects on September 14, 2020 for the 2020 Sanitary Sewer Lining Project, November 8, 2021 for the 2021 Sanitary Sewer Lining Project, April 12, 2021 for the 2021 PMP, and April 11, 2022 for the Snelling Avenue North Improvements Project, and approved final acceptance of the work on December 1, 2021 for the 2020 Sanitary Sewer Lining Project, August 8, 2022 for the 2021 Sanitary Sewer Lining Project, February 13, 2023 for the 2021 PMP, with the Snelling Avenue North Improvements project yet to be completed; and WHEREAS, Grant Agreement between the Metropolitan Council and the City of Arden Hills has been drafted by MCES; and WHEREAS, the City of Arden Hills has completed $476,507 of work eligible for funding, and desires to enter into Grant Agreement to finalize the reimbursement process. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA: 1. The City Council hereby approves application for MCES 2020 Municipal Inflow & Infiltration Grant Program. Page 1 of 2 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills. org and clicking on Archived Documents under Helpful Links on our main webpage. 2. The City Council hereby approves the Grant Agreement between Metropolitan Council and City of Arden Hills and authorizes the Interim City Administrator to execute Grant Agreement, subject to minor modifications and final review by the City Attorney. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS LOTH DAY OF APRIL, 2023. ATTEST: JULIE HANSON, CITY CLERK DAVID GRANT, MAYOR Page 2 of 2 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills. org and clicking on Archived Documents under Helpful Links on our main webpage. CONSENT ITEM — 7E ,-i DEN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers David Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Approval of 2023 ICWC Contract Budgeted Amount: Actual Amount: Funding Source: $14,250 $14,250 General Fund (Street/Park), Surface Water Utility Fund Council Should Consider Motions to approve, table, or deny the following: • 2023 contract with the Minnesota Department of Corrections Institution Community Work Crew (ICWC) program. Back2round/Discussion In May 2019, the City entered into a one-year contract with the Minnesota Department of Corrections to participate in the Institution Community Work Crew (ICWC) program. The program provided a work crew consisting of a crew leader and up to ten crewmembers for up to ten hours per day to complete predetermined work plans. Work dates were available on Friday, Saturday and Sunday at a cost of $85 per hour. ICWC crews have been utilized to complete buckthorn removal in several Parks, they've also performed debris/sediment removal, ditch maintenance, slope stabilization, rain garden maintenance, and performed landscape maintenance at City Hall, Highway 96 median areas and the gateway sign on New Brighton Road. The ICWC has provided a new contract for the 2023 season as provided in Attachment A. The terms of this proposed contract are similar to previous years. Page 1 of 2 A preliminary 2023 ICWC work plan is provided as Attachment B. This work plan can be modified during the 2023 contract term based on City Council priorities and availability of ICWC work crews. Budget Impact The 2023 Operating Budget contains the following funding amounts for services by ICWC: General Fund Street Maintenance $ 3,000 General Fund Park Maintenance $ 5,250 Surface Water Utility Fund $ 6,000 Total $14,250 A ttn eh m Pntc Attachment A: 2023 ICWC Contract Document Attachment B: Preliminary 2023 ICWC Work Plan Page 2 of 2 Attachment A State of Minnesota mmmeSOTA Income Contract SWIFT Contract No.: This contract is between the State of Minnesota, acting through its Commissioner of Corrections, Institution Community Work Crew, 1450 Energy Park Drive, St. Paul, Minnesota 55108 ("State"), and the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112 ("Purchaser"). State and Purchaser may be referred to jointly as "Parties." Recitals 1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts. The Purchaser is in need of an Institution Community Work Crew (ICWC). The State represents that it is duly qualified and agrees to provide the services described in this contract. Accordingly, the Parties agree as follows: Contract 1. Term of Contract 1.1 Effective date: May 1, 2023, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: April 30, 2024, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2. State's Duties The State will: 2.1 Provide crew leader(s) who will supervise up to ten (10) offender crewmembers per ten (10) hour days of work on dates mutually agreed between parties, including the hour's crew leaders spend for daily preparation and communication. 2.2 In coordination with the Purchaser, train each work crew in safety principles and techniques set forth by the Purchaser and applicable federal, state and local agency requirements. Purchaser agrees that the State has the responsibility and authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or unsafe to perform. 2.3 Provide required personal safety equipment and clothing needed for specific work. 2.4 Screen projects to ensure that appropriate staff are assigned. 3. Purchaser's Duties The Purchaser will 3.1 Obtain all necessary permits or licenses or special authority for all projects that utilize ICWC labor. 3.2 Assign all work and coordinate material purchases and delivery through the ICWC crew leader for projects to be performed by the State. 3.3 Hire any subcontractors utilized in the project. 3.4 Provide utilities at the work site and set up accounts for the purchase of materials and rental of specialized tools or equipment needed for the work. 3.5 Meet with the State as necessary to provide project information needed by the State in the performance of its' duties. Rev. 12/2020 Page 1 of 3 4. Payment The Purchaser will pay the State for all services performed by the State under this contract as follows: 4.1 The Purchaser agrees to pay Eighty -Five dollars and 00/100 ($85.00) for each overtime hour worked by the ICWC crew, as its share of the cost of providing a crew leader and placing the work crew into service on the ICWC program during the term of this agreement. Payment will be made no later than the 23rd day following the last day of the billing period. 5. Authorized Representative The State's Authorized Representative is Scott Miller, ICWC Supervisor or his successor, 1450 Energy Park Drive, St. Paul, Minnesota 55108 The Purchaser's Authorized Representative is Todd Blomstrom, Public Works Director/City Eng or his successor, and the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112. If the Purchaser's Authorized Representative changes at any time during this Contract, the Purchaser must immediately notify the State. Assignment, Amendments, Waiver, and Contract Complete. 6.1 Assignment. The Purchaser may neither assign nor transfer any rights or obligations under this Contract without the prior consent of the State and a fully executed assignment agreement, executed and approved by the authorized parties or their successors. 6.2 Amendments. Any amendment to this Contract must be in writing and will not be effective until it has been executed and approved by the authorized parties or their successors. 6.3 Waiver. If the State fails to enforce any provision of this Contract, that failure does not waive the provision or its right to enforce it. 6.4 Contract Complete. This Contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. 7. Liability Each party will be responsible for its own acts and behavior and the results thereof. 8. Government Data Practices. The Purchaser and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (or, if the State contracting party is part of the Judicial Branch, with 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) as it applies to all data provided by the State under this Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Purchaser under this Contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government Practices Act, Minn. Stat. Ch. 13, by either the Purchaser or the State. If the Purchaser receives a request to release the data referred to in this clause, the Purchaser must immediately notify and consult with the State's Authorized Representative as to how the Purchaser should respond to the request. The Purchaser's response to the request shall comply with applicable law. 9. Publicity and Endorsement. 9.1 Publicity. Any publicity regarding the subject matter of this Contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, information posted on corporate or other websites, research, reports, signs, and similar public notices prepared by or for the Purchaser individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. 9.2 Endorsement. The Purchaser must not claim that the State endorses its products or services. Rev. 12/2020 Page 2 of 3 10. State Audits. Under Minn. Stat. § 16C.05, subd. 5, the Purchaser's books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by the State, the State Auditor, or Legislative Auditor, as appropriate, for a minimum of six years from the expiration or termination of this Contract. 11. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12. Termination. Either party may cancel this Contract at any time, with or without cause, upon 30 days' written notice to the other party. 1. Purchaser Print Name: Signature: Title: Date: 2. State Agency With delegated authority Print Name: Signature: Title: Date: 3. Commissioner of Administration As delegated to The Office of State Procurement Print Name: Signature: Title: Date: ul"'fl'i1GI Rev. 12/2020 Page 3 of 3 Attachment B Preliminary 2023 Work Plan Institution Community Work Crew (ICWC) City of Arden Hills Updated- 2/27/2023 Draft Work Item Decription Estimated ICWC Crew Hours ****All work scheduled on Saturday's**** May Install Landscape Mulch and Clean Gardens Install landscape mulch to top dress perenial gardens. Install new mulch around Highway 96 boulivard trees. 20 June Play Structure Mulch Installation Top dress mulch with direcxtion from the May playground inspection recommendations 10 July Valentine Park Drainage (Surface water from Glenview) Clean the drainage area/ rip rap (completed anually). Remove vegatation as needed. 10 Indian Oaks Trail Pond Maint. cut down veatation per the planting plan. (Completed anually) 5 Misc. Outfall Cleaning Locations provided, per map. 5 August 2024 PMP Storm Sewer Maintenance Plan Labor Provide labor for cleaning out aprons, removing vegatation along buffers 20 Red Fox Area Pond and Drainange Labor Vegatation and scrub tree removal, clean aprons, Clean existing or install fabric and rip rap as needed 20 September Fence Replacment Remove vegatation, and replace existing cedar split rail fence along ROW retaining walls within the Seims Ct neighborhood. 30 Buckthorn Removal Location TBD 10 October Winterize Perenial Gardens Cut and remove vegitation from city owned gardens 10 Buckthorn Removal (Chatham Open Space) Continue progress per the zone map. 20 Buckthorn Removal Location TBD 10 November Floral Park EAB Tree Removals Tenative 20 Total (Estimated) Hours 140 CONSENT ITEM — 7F ,-iRZEN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Professional Services Agreement for Lift Station No. 10 — PSA Amendment Budgeted Amount: Actual Amount: Funding Source: $180,000 $262,394.55 Sanitary Sewer Fund Council Should Consider Motions to approve, table, or deny the following: • Professional Services Agreement Amendment to increase the contract amount by $5,000. Background/Discussion On June 22, 2020, the City Council approved the professional services agreement with Bolton & Menk for planning, design and construction administration services related to Lift Station No. 10 in the amount of $49,400. On February 13, 2023, the Lift Station Rehab project was closed out. Bolton & Menk has submitted a request to amend the professional services contract to increase the amount by $5,000 to cover additional costs incurred during construction (Attachment A). Due to material supply and shipping delays in 2022, the project was extended far longer than originally anticipated. City staff has reviewed the request and feels they are justified. City staff recommends Council approve the amendment in Attachment A. Budget Impact A summary of the estimated project costs and funding sources is provided below: Total Project Costs Construction Cost $ 130,700.00 Change Order No. 1 (-)$ 1,600.00 Pumps and Control Panel $ 78,560.70 Engineering Services $ 49,400.00 (Includes Construction Admin.) Engineering Amendment $ 5,000.00 Misc. (Legal, Ads) $ 333.85 TOTAL $ 262,394.55 This project is covered by the sanitary sewer fund. Page 1 of 2 Attachment Attachment A — PSA Amendment request from Bolton & Menk Page 2 of 2 Attachment A AMENDMENT #1 TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF ARDEN HILLS AND BOLTON & MENK, INC. This AMENDMENT #1 ("Amendment") to the original Agreement for Professional Services between City of Arden Hills, MN ("OWNER") and Bolton & Menk, Inc. ("ENGINEER") dated June 22, 2020 (the "Agreement") is made and entered into on this V day of April, 2023. WHEREAS, OWNER has engaged ENGINEER, pursuant to the Agreement, to furnish OWNER with engineering, design, procurement, and construction services in connection with the Lift Station 10 Rehabilitation Project (the "Project"); WHEREAS, OWNER and ENGINEER have agreed to amend the Agreement as set forth in this Amendment and subject to the terms and conditions of this Amendment; and, NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. SCOPE ATTACHMENT. The Scope Attachment is attached and incorporated herein by reference as Exhibit A. If the OWNER requests or ENGINEER performs additional services for the Project, ENGINEER shall make such request to OWNER in writing, setting forth any changes or additions to the Scope of the Agreement, including any additional deliverables requested for the Project in Exhibit A. 2. FEE ATTACHMENT. The Fee Attachment is attached and incorporated herein by reference as Exhibit A. If the ENGINEER requests additional fees for the services for the Project or for services performed pursuant to Exhibit A, ENGINEER shall make such request to OWNER in writing, setting forth any changes in fees and all fees associated with such additional services, in the same or substantially similar format as Exhibit B. If OWNER agrees to the change in scope or fees proposed by ENGINEER in writing, the parties will adjust the Maximum Fee to account for such changes. No claim for extra services performed by ENGINEER will be allowed by OWNER except as provided in this Amendment nor will ENGINEER perform any services or work not previously approved by OWNER except upon receipt of a written amendment. 3. Additional Forms. Attachments A and B are attached and incorporated into the Agreement. 4. All Other Terms and Conditions of the Agreement. Any conflict on inconsistency as to terms set forth in this Amendment and the Agreement or other writing will be governed by this Amendment. IN WITNESS WHEREOF, the parties have caused this AMENDMENT #1 to be executed by their duly authorized representatives on the dates written below. CITY OF ARDEN HILLS, MN BOLTON & MENK, INC. SIGNED: NAME: TITLE: DATE: SIGNED: : lL NAME: Seth A. Peterson TITLE: Senior Principal Engineer DATE: Ar)ril3.2023 EXHIBIT A — SCOPE ATTACHMENT TO AMENDMENT #1 This SCOPE ATTACHMENT is part of AMENDMENT #1 to the Agreement. Unless otherwise agreed to in writing by the parties, any conflict or inconsistency as to the terms set forth in the Amendment and the Agreement shall be governed by the Amendment. Exhibit A is the letter dated February 15, 2023 to David Swearingen, P.E. O LNK Real People. Real Solutions. February 15, 2023 David Swearingen, P.E. Public Works Director/City Engineer City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112-5743 Re: Lift Station 10 - Arden Hills, Minnesota Contract Amendment Request Dear Mr. Swearingen: 12224 Nicollet Avenue Burnsville, MN 55337-1649 Ph: (952) 890-0509 Fax: (952) 890-8065 Bolton-Menk.com This letter is a follow-up to your October 28, 2022 request for more information related to our request for a contract amendment for the Lift Station 10 project. As I noted in my September 1, 2022 letter the construction phase has taken longer than originally anticipated due to delays in equipment delivery and delays in dealing with Xcel Energy and the new electrical service. These delays have required additional time on our part that was not part of our original scope. We have completed the final close-out documents with the contractor on this project recently and the project should be completed. As I noted in my previous letter, we noted in our June 1, 2020 scope and fee letter the following regarding construction phase services: 'Because the engineer has no direct control over the scheduling or operations of the project contractor, construction phase services described in this proposal are estimated based on similar projects and are proposed to be provided on an hourly basis at the rates noted.' We are asking only for additional $5,000 to cover some of our costs for the construction phase services. You had asked for additional backup including hours and dates of service. Attached to this letter is a summary of the total hours and costs we have on this project. These total just over $12,000 and as noted above, I'm only asking for $5,000 to help cover some of my costs on this project. We appreciate your consideration of this request and we are happy that this project has been closed out with the contractor. If you need any additional information or have any questions on the above, please do not hesitate to give me a call at (612) 803-5223. Respectfully submitted, Bolton & Menk, Inc. Seth A. Peterson, PE Senior Principal Environmental Engineer H:\ARDH\M20121694\1_Corres\C_To Others\Construction services amendment feb 2023.docx Bolton & Menk is an equal opportunity employer. Employee 71 Date A Hours 71 Billing 7 ............................................................... ................................................... ................................. ............... M .......... $8J85.00 Dunlap, Joseph ........................................................ 9/9/2022 ...... ..... .......................... ............ ..... .................... 1.00: ............ ............... .......... 4 5 0 0" ............ ......................... Dunlap, Joseph ........................................................ 9/12/2022 ...... .................................................................................................... : .. : 9.00 . : ............................ $1,305.00 .................. Dunlap, Joseph ........................................................ 9/13/2022 ...... ..... .......................... ............ ..... .................... 5.50 ............ ............... .......... $797.50 ............ ......................... Dunlap, Joseph ........................................................ 9/15/2022 ...... ................................................... ................................................. 0.50: ............................... $72.50 ............... Dunlap, Joseph ........................................................ 9/16/2022 ...... ..... .......................... ............ ..... .................... 0.50 ............ ............... .......... $72.50 ............ ......................... Dunlap, Joseph ........................................................ 9/19/2022 ...... ................................................... ................................................. 0.50 ............................... $72.50 ............... Dunlap, Joseph ........................................................ 9/21/2022 ...... ..... .......................... ............ ..... .................... 0.50 ............ ............... .......... $72.50 ............ ......................... Dunlap, Joseph ........................................................ 9/27/2022 ...... .................................................................................................... : .. : 0.50 . : ............................... $72.50 ............... Dunlap, Joseph ........................................................ 9/30/2022 ...... ..... .......................... ............ ..... .................... 0.50 ............ ............... .......... $72.50 ............ ......................... Dunlap, Joseph ........................................................ 101412022 ...... ................................................... ................................................. 1.50: ............................ $217.50 .................. Dunlap, Joseph ........................................................ 10/5/2022 ...... ..... .......................... ............ ..... .................... 3.50 ............ ............... .......... $507.50 ............ ......................... Dunlap, Joseph ........................................................ 10/6/2022 ...... ................................................... ................................................. 3.00 ............................ $435.00 .................. Dunlap, Joseph ........................................................ 10/10/2022 ...... ..... .......................... ............ ..... .................... 1.50 ............ ............... .......... $217.50 ............ ......................... Dunlap, Joseph ........................................................ 10/11/2022 : .. : ...... .................................................................................................... 3.50 . : ............................ $507.50 .................. Dunlap, Joseph .................................................................................................................................................................................................................... 10/12/2022 3.00 $435.00 Dunlap, Joseph ........................................................ 10/1312022 ...... ................................................... ................................................. 1.00: ............................... $145.00 ............... Dunlap, Joseph ........................................................ 10/17/2022 ...... ..... .......................... ............ ..... .................... 0.50 ............ ............... .......... $72.50 ............ ......................... Dunlap, Joseph ........................................................ 11/3/2022 ...... ................................................... ................................................. 2.00 ............................... $290.00 ............... Dunlap, Joseph ........................................................ 11/4/2022 ...... ..... .......................... ............ ..... .................... 0.50 ............ ............... .......... $72.50 ............ ......................... Dunlap, Joseph ............................................................... 11/9/2022 ................................................... ................................................. 0.50 ................................................. $72.50 Dunlap, Joseph .................................................................................................................................................................................................................... 11/10/2022 2.00: $290.00 Dunlap, Joseph ........................................................ 11/11/2022 ...... ................................................... ................................................. 0.50 ............................ $72.50 .................. Dunlap, Joseph ........................................................ 11/14/2022 ...... ..... .......................... ............ ..... .................... 1.00 ............ ............... .......... $145.00 ............ ......................... Dunlap, Joseph ........................................................ 11/15/2022 ...... ................................................... ................................................. 2.50 ............................... $362.50 ............... Dunlap, Joseph ............................................................... 11/16/2022 ................................................... ................................................. 0.50 ................................................. $72.50 Dunlap, Joseph ............................................................... 11/17/2022 ................................................... ................................................. 1.00: ................................................. $145.00 Dunlap, Joseph ........................................................ 11/18/2022 ...... ..... .......................... ............ ..... .................... 1.00: ............................ ............................... $145.00 ............... Dunlap, Joseph ........................................................ 11/21/2022 ...... ..... ............................................. ................................................. 0.50 ................................................. $72.50 Dunlap, Joseph ........................................................ 11/22/2022 ...... ..... .......................... .................. ................................................. 1.00 ............................ $145.00 .................. Dunlap, Joseph ........................................................ 12/19/2022 ...... ..... .......................... ............ ..... .................... 1.00 ............ ............... .......... $145.00 ............ ......................... Dunlap, Joseph ....................................................................................................................................................................................................................... 12/20/2022 0.50 $72.50 Dunlap, Joseph ............................................................... 12/23/2022 ................................................... ................................................. 0.50: ................................................. $72.50 Dunlap, Joseph ........................................................ 1/512023 ...... ................................................... ................................................. 0.50: ............................ $79.00 .................. Dunlap, Joseph ........................................................ 1/6/2023 ...... ..... .......................... ............ ..... .................... 2.00 ............ ............... .......... $316.00 ............ ......................... Dunlap, Joseph ........................................................ 1/9/2023 ...... ................................................... ................................................. 2.00 ............................... $316.00 ............... Dunlap. Joseph 1/10/2023 0.50 $79.00 CONSENT ITEM — 7G ,-ARZEN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Lucas J. Miller, Assistant Public Works Director David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: 2023 Street Maintenance Program — Coon Rapids JPA Budgeted Amount: Actual Amount: Funding Source: $220,000 $ 80,000.00 Street Maintenance Fund Council Should Consider Motions to approve, table, or deny the following: • Resolution 2023-014, recommending that the City of Coon Rapids Award a Contract for the 2023 Street Maintenance Program. Background/Discussion In 2005, a Joint Powers Agreement (JPA) for Traffic Markings, Street Sweeping, Crack Sealing, Screening, and Seal Coating was executed by the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights, and Fridley. Since 2005, six additional cities have joined the joint powers agreement (Ham Lake, East Bethel, Anoka, Mahtomedi, Circle Pines and Mounds View). On December 11, 2017, the City Council authorized an amendment to the JPA to include the City of Arden Hills. The City of Coon Rapids solicited bids in February 2023 for sealcoating, pavement markings, crack sealing and fog sealing on behalf of the member cities. Bids were opened on March 17, 2023 and summarized in the bid tabulation provided in Attachment A. The program costs for Arden Hills is summarized on Attachment B based on estimated quantities provided to the City of Coon Rapids in January 2023. A map depicting the locations of proposed work in Arden Hills for 2023 is provided in Attachment C. Page 1 of 2 Staff has reviewed the bid prices and recommends that the City proceed with the work. Under the terms of the Joint Powers Agreement, the City is required to provide a letter of concurrence to Coon Rapids if the City intends to participate in the program this year. A resolution recommending award of the contract is provided as Attachment D. Budget Impact The 2023 Operating Budget includes funding in the amount of $220,000 for the proposed work under the 2023 Street Maintenance Program and other annual costs related to resurfacing streets (such as, our internally led paving project). Attachment B includes the estimated contract cost in the amount of $78,849.98, plus estimated expenses for engineering inspection ($1,150.02) and already including a contingency for quantity variations ($10,284.78) resulting in a total estimated project cost of $80,000. Attachments Attachment A: Bid Tabulation Attachment B: Arden Hills Program Costs Attachment C: Seal Coat Map Attachment D: Resolution 2023-014 Page 2 of 2 { ! ! ! ! \}) \}\!\\ \\ \\\!\\ }}}f}} ; 2023 STREET MAINTENANCE PROGRAM CITY OF ARDEN HILLS BID SUMMARY DESCRIPTION BUD UNIT PRICE QUANTITY UNITS TOTAL COST AGG - F&I FA -1 1/8" (2) $1.38 15,320 SY $ 21,141.60 OIL - F&I CRS-2P (POLYMER MOD) (2) $1.50 4,290 GAL $ 6,434.40 CRACK SEAL - F&I STREET R&S (2) $0.56 13,520 LF $ 7,571.20 CRACK SEAL - F&I TRAIL B&G (2) $0.60 4,100 LF $ 2,460.00 F&I STREET FOG SEAL (1) $7.75 3,064 GAL $ 23,746.00 F&I TRAIL FOG SEAL (2) $5.40 980 GAL $ 5,292.00 F&I PARKING LOT FOG SEAL (2) $6.00 320 GAL $ 1,920.00 Additional Items Contingency for Quantities $ 10,284.78 TOTAL ESTIMATED PROJECT COSTS $ 78,849.98 (1) Pearson Bros Inc. (2) Allied Blacktop Company Arden Man Parkr Attachment C I F �1-li Crack Seal MEN Crack Seal, Seal Coat & Fog Seal Rayal Hills Park Fog and Crack Seal Path )M-E-Y9 Parking Lot Seal Coatfardens i LL � KSKORE DR „D Fl— Park CRYSTAL AVE F Tony Schmidt a/enw Regional Park Park W p YE"GBA Valentine Lake Tnriy Schmidt 6 COUNTY R Regional Park RED FOX FO IW D + _� GREYFO Y V GNpTMpr pVE rk ' YAV __ chmidt ys �: Park E �� • NNp tndey OWNTY ROADE ONp 3~ UDSON RD 'NNp9 J\ W a ly W 3 4F a p psi COUNTYROAOE 1 NOBLE. Lake ROW= S. Johanna NATIELN STE A O; � D �% HParlkAt% �� ..,,:eecrw on Johan • Marsh Lake Josephine N -ARDENHILLS 2023 - JPA Street Maintenance Plan o +1,000 0 Feet Attachment D AVEEN�HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-014 A RESOLUTION RECOMMENDING THE CITY OF COON RAPIDS AWARD THE 2023 STREET MAINTENANCE PROGRAM WHEREAS, the City of Arden Hills participates in a joint powers agreement with the North Metro Regional Street Maintenance Consortium for street maintenance services; and WHEREAS, the City of Coon Rapids solicited bids for the 2023 Street Maintenance Program based on work quantities requested by members of said joint powers agreement; and WHEREAS, the City of Coon Rapids opened bids for the 2023 Street Maintenance Program on March 17, 2023 and provided a bid tabulation to members of said joint powers agreement for consideration prior to awarding contracts. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ARDEN HILLS, MINNESOTA: 1. The Mayor and City Council recommend that the City of Coon Rapids award the 2023 Street Maintenance Program contracts to the low responsible bidders as outlined in the joint powers agreement and summary of bids. 2. The awarded contract includes quantities for seal coating, crack sealing and fog sealing as previously submitted by the City of Arden Hills. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS loth DAY OF APRIL, 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 — 711 ,-AI�EN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Lucas J. Miller, Assistant Public Works Director SUBJECT: Professional Services with Rainbow Tree Care Budgeted Amount: Actual Amount: Funding Source: $12,500 $5,700 General Fund (For tree removal and EAB) Council Should Consider Motions to approve, table, or deny the following: • Agreement for Professional Services with Rainbow Tree Care to treat existing ash trees on City and private property by injection. • Agreement for Professional Services with Rainbow Tree Care to treat smaller existing ash trees on City property by ground treatment. • Agreement for Professional Services with Rainbow Tree Care to treat existing oak trees on City property by injection. All items need a simple majority for action unless otherwise noted. Background/Discussion On March 20, 2023 at the Council Work Session, City Council discussed contracting with Rainbow Tree Care (RTC). The contract sets the cost rate per inch for the City to treat by injection existing Ash trees and also provides Arden Hills residents a discounted rate from RTC's standard fee to treat their Ash trees by injection, if interested. RTC is offering $7.25 per inch for residents and $5.15 per inch for the City in 2023, correlating tables can be seen in Attachments B & C. Attachment A is a copy of their professional services agreement. Also discussed at that Council Work Session was contracting with RTC to provide services to ground treat existing City Ash trees that are too small for injection treatment. The contract sets the cost rate per inch for the City to ground treat at $4.57 per inch. The proposal agreement and cost breakdown are shown in Attachment D for 2023 EAB ground treatment. Page 1 of 2 Lastly, at that Council Work Session, Council discussed contracting with RTC to provide services to treat oak trees against Two Lined Chestnut Borer via injection. The contract sets the cost rate per inch for the City to treat by injection existing City Oak trees. RTC is offering $5.15 per inch for the City in 2023. Attachment E is a copy of their proposal agreement and cost breakdown. RTC does not currently offer this service to private Oak trees, but will keep the City apprised to if and when this discount to residents could be offered in the future. Budget Impact Ash Tree Injection Treatment - —$4,700 Ash Tree Ground Treatment -—$1,000 Oak Tree Injection Treatment — TBD ($5.15/diameter inch) Attachments Attachment A — PSA with Rainbow Tree Care Attachment B — City Property Injection Pricing Attachment C —Private Property Injection Pricing Attachment D - Proposal Agreement for EAB Ground Treatment with RTC Attachment E — Proposal Agreement for Oak Tree Injection Treatment with RTC Page 2 of 2 Attachment A AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made effective January 4th, 2023, by and between the City of Arden Hills, 1245 Highway 96 W 55112 (the "City") and Rainbow Treecare (the "Contractor") whose business address is 11571 K-Tel Drive, Minnetonka, MN 55343. PRELIMINARY STATEMENT The purpose of this agreement is to set forth terms and conditions for the provision of certain professional tree care services by the Contractor to residents and property owners within the City, and to the City. The City and the Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide professional tree care services as described in Attachment A —Scope of Services and made a part of this Agreement ("the Work"). If there is any conflict between the language of this document and the language of Attachment A, the language of this document prevails. Project Manager and Staffing. The Contractor has designated Ryan Spencer to be the project superintendent for the Work. This person may be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms of this Agreement. The Contractor may not remove or replace the designated project superintendent without the City's prior approval. 3. Time for Performance of Services. The Contractor must perform the Work within the timeframe set forth in the attached Scope of Services. If Contractor is delayed in performance due to any cause beyond its reasonable control, such as strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance will be extended by the period of time lost by reason of the delay. 4. Compensation for Services. Contractor shall be paid for the Work in the manner and at the costs described in Attachments B and C, which are made a part of this Agreement. A change in the Scope of Services that may increase the compensation due to Contractor will not be effective unless the City has given prior written approval. 5. Method of Payment. The Contractor must submit an itemized invoice for Work provided to the owner of the property on which the services are provided. Invoices submitted for Work provided to the City will be paid in the same manner as other invoices submitted to the City. The Contractor must verify all statements submitted to the City for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. 6. Audit Disclosure. The Contractor must allow the City or its duly authorized agents reasonable access to the Contractor's books and records that are pertinent to all Work provided to the City under this Agreement, including books and records of any approved subcontractors, for six years after the effective date of this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Contractor and its subcontractors under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. 7. Data Privacy and Security. The Contractor will take all reasonable and prudent measures to ensure the security of all data that it handles in connection with the Work. The Contractor agrees to comply with the applicable provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to this Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. 8. Document Ownership. All finished or unfinished documents, data, and reports prepared by the Contractor related to Work for the City will become the property of the City upon termination of this Agreement, but Contractor may retain copies of such documents as records of the Work provided. Except to the extent that Minnesota Statutes Chapter 466 limits the City's liability, the City agrees to defend and indemnify the Contractor for any claims or losses resulting from the City's use of such documents not contemplated by the parties at the time of the preparation. 9. Term. The term of this Agreement is from the Effective Date through October 31st, 2023, the date of signature by the parties notwithstanding. 10. Termination. This Agreement may be terminated by either party by thirty days advance written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Contractor, the Contractor will be paid for Work rendered and reimbursable expenses hereunder until the effective date of termination. If however, the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment will be made to the Contractor, and the City may retain another Contractor to undertake or complete the Work. 11. Subcontractor. The Contractor may not enter into subcontracts for Work provided in this Agreement without the express prior written consent of the City. The Contractor agrees to pay any subcontractor within ten days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1.5% per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For any unpaid balance of less than $100, the Contractor must pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. This paragraph is inserted in this Agreement pursuant to Minn. Stat. §471.425, Subd. 4a. 12. Independent Contractor. At all times and for all purposes under this Agreement, the Contractor is an independent contractor and not an employee of the City. No statement in this Agreement may be construed to find the Contractor an employee of the City. 13. Assignment. Neither party may assign this Agreement without the written consent of the other party. 14. Services not Provided For. No claim for services furnished by the Contractor not specifically provided for in this Agreement will be honored by the City or its residents. 15. Severability. The provisions of this Agreement are severable. If any portion is held by a court of competent jurisdiction to be contrary to law, that decision will not affect the remaining provisions of the Agreement. 16. Entire Agreement. The entire agreement of the parties is contained in this Agreement. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement as well as any previous agreements presently in effect between the parties relating to the same subject matter. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and signed by the parties, unless otherwise provided in this Agreement. The residents and property owners of the City of Arden Hills who are provided Work under the terms of this Agreement are third party beneficiaries and shall have all of the rights afforded to the City hereunder related to such Work. 17. Compliance with Laws and Regulations. In providing services under this Agreement, the Contractor must abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided. Any violation constitutes a material breach of this Agreement and entitles the City to immediately terminate this Agreement. 18. Equal Opportunity. The contractor agrees during the life of this contract not to discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age. This contract may be cancelled or terminated by the City, and all money due or to become due hereunder may be forfeited, for a second or subsequent violation of the terms and conditions of this paragraph. The Contractor must post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 19. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 20. Indemnification. Contractor agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or subcontractors in the performance of the Work and against all losses by reason of the failure of the Contractor fully to perform, in any respect, all obligations under this Agreement. 21. Insurance. During the term of this Agreement, Contractor must maintain the following insurance and furnish a certificate of insurance. The certificate must specifically state and verify that the contractor has the required insurance coverage: 1. Worker's Compensation Insurance a. Statutory Compensation Coverage b. Coverage B - Employers Liability with limits of not less than: $100,000 Bodily Injury by Disease per Employee $500,000 Bodily Injury by Disease Aggregate $100,000 Bodily Injury by Accident 2. Automobile Liability Insurance a. Minimum Limits of Liability: $1,000,000 - Per Occurrence- Bodily Injury and Property Damage Combined Single Limit. b. Coverages: X Owned Automobile X Non -owned Automobile X Hired Automobile 3. General Liability Insurance a. Minimum Limits of Liability: $1,000,000 - Per Occurrence $2,000,000 - Annual Aggregate $2,000,000 - Annual Aggregate applying to Products/Completed Operations b. Coverages: X Premises and Operations Bodily Injury and Property Damage X Personal &Advertising Injury X Blanket Contractual X Products and Completed Operations X Other; if applicable, please list: X City of City is named as Additional Insured The contractor must obtain insurance policy(ies) from insurance companies having an "AM Best" rating of A -(minus), Financial Size Category of VII or better, and be authorized to do business in the State of Minnesota. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor's policy limits to satisfy the full policy limits required by the Contract. The contractor and authorized insurance representatives must maintain coverage in these amounts during the term of the contract and notify the City thirty (30) days before the required insurance is cancelled or changed. The insurance policies must name the City as an additional insured for the services provided under this Agreement and must provide that the Contractor's coverage will be the primary coverage in the event of a loss. A certificate of insurance on the City's approved form that verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. Any policy deductibles or retention shall be the responsibility of the Contractor. No deductible greater than $50,000 is allowed on any required insurance policy without prior approval of the City's attorney. 21. Governing Law. This Agreement will be controlled by the laws of the State of Minnesota. 22. Disputes. In an effort to resolve any conflicts that arise during or following the completion of the Work described in this Agreement, the dispute will first be submitted to non -binding mediation unless the parties mutually agree otherwise. The cost of mediation will be shared equally by the parties 23. Attachments A. Scope of Services B. Ash Tree Injection Pricing & Bid Form for City Property C. Ash Tree Injection Pricing & Bid Form for Private Property SIGNATURES City of Arden Hills By (NAME/TITLE) By (NAME/TITLE) Contractor Y!i DocuSigned by: C8D802E98BO8456... Name: Ryan Spencer Title: Municipal consulting Arborist Attachment A —Scope of Services Ash Tree Injection Services to the City of Arden Hills Project Understanding The Emerald Ash Borer (EAB) threatens the lives of the thousands of ash trees located in the City of Arden Hills (the "City"). As the City continues to manage this devastating infestation and infection, the City has agreed to enter a contract with Contractor to provide tree injection services for ash trees ("ash injections" or the "Work") within two separate areas: City -owned property and private property as specified herein (the "Project"). Project Goals • Protect ash trees from emerald ash borer infestation on City -owned properties, including parks. Treatments of City -owned trees will begin after City staff makes the decision to begin treatments. • Provide a bulk discount program to all private property owners within the City of Arden Hills to encourage residents to proactively inject their ash trees in order to help preserve the City's tree canopy and the accompanying economic and environmental benefits. Project Areas Area 1- City property Ash trees on City property identified by the City as trees to receive injection treatments will begin after staff has made the decision to proceed with such Work. Unless City staff directs otherwise, all ash injections must be completed between May 15th and October 15th of each year, or before fall leaf color, whichever occurs sooner. • All invoices will be remitted to the City of Arden Hills and itemized by property name and unique number assigned to each tree Area 2 — Private property Homeowners will contact Rainbow Treecare directly to initiate an inspection, receive a quote and provide permission to perform the Work. The City will not be a party to any contract between the private owner and the proposer. Any agreement with the private owner and the Rainbow Treecare shall be subject to the following terms: o The contractor will inspect the ash trees on private property and determine whether they are appropriate for treatment o All ash tree injections must be completed between May 15th and October 15th of each year or before fall leaf color, whichever occurs sooner o Any variances in dates must be approved by the City o All invoices will be remitted to the homeowner Area 3 — Unscheduled Public Pro With approval from the City, residents may hire Rainbow Treecare to treat trees growing on public property (Right-of-way) which are not being treated by the City. In the event that such treatment is undertaken, this circumstance shall meet the requirements of Area 2. Project Period and Completion Dates The tree injection period will run from approximately May 15th—October 15th of each year for one year, through the 2023 growing season. Rainbow Treecare may reserve the right to group tree injections based on geographic proximity within the injection period in order to achieve the efficiency needed to provide a discounted rate. Injections will occur on trees that have fully expanded leaves and have not reached fall senescence (fall leaf color). The city forester or person designated by the City Manager reserves the right to extend or limit the time period based on seasonal conditions. Rainbow Treecare Qualifications Founded in 1976, Rainbow Treecare (RTC) has built a reputation on a solid commitment to the science of tree care and is uniquely positioned to offer the most comprehensive ash and elm protection services in the state. A pioneer of Dutch elm disease protection since 1976 and emerald ash borer protection since 2004, RTC has been working on a national level to develop cost-effective management solutions for EAB. RTC currently has more than 70,000 ash trees under protection with numerous government and public agency clients. With the most International Society of Arboriculture (ISA) Certified Arborists, Board -Certified Master Arborists, and members of the American Society of Consulting Arborists in Minnesota, no other company can offer the depth of skill, experience, and knowledge of tree pest and pathogen issues. Full-time GIS/GPS staff is available to manage tree inventory data and develop interactive maps of public and private trees, and our in-house art and marketing department can produce materials that widely and effectively communicate the Project details and assist with homeowner enrollment and involvement. Indemnification Rainbow Treecare shall indemnify and hold harmless the City and its employees, and its residents and property owners from and against all claims, damages, losses and expenses including attorney's fees, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is: (a) Attributable to bodily injury, sickness, disease or death, or to injury to, or destruction of tangible property including the loss of use resulting there from, and (b) Caused in whole or in part by any negligent or wrongful act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them for whose acts any of them may be liable. The Project Team Contract Supervisor: Ryan Spencer, ISA Certified Arborist MN-4926A, will act as the Contract Supervisor for this Project. Mr. Spencer, Rainbow Treecare's Municipal Consulting Arborist, has a bachelor's degree in Environmental Sciences, Policy, and Management from the University of Minnesota and brings five years of arboriculture and client service experience. As a dedicated full-time employee focused on municipal and governmental forestry, Mr. Spencer is available to quickly respond to any issues that might arise throughout the contract period. Field Inspectors: Private property tree inspections will be primarily performed by Matt Nielsen, ISA Certified Arborist. Technicians: All treatment technicians for this Project will be drawn from the production staff at RTC and will serve the citizens of Arden Hills with a commitment to the highest level of customer service during the protection of trees located within the City. Equipment and Treatment Specifications Upon request, Rainbow Treecare will demonstrate proficiency with the injection equipment and knowledge of the products used to prevent EAB. Safety Standards: Contractor will use work methods, safety procedures and personal protective equipment conforming to all ANSI and OSHA standards in performing the work under this contract and will supply any Material Safety Data Sheets (MSDS) to the City upon request. Formulation Rates: It is the responsibility of Contractor to follow all insecticide instructions. Any alterations in the formulations or equipment must be approved in advance by the city forester or person designated by the City Manager. In order to remain responsive to emerging research, the City reserves the right to request a change in formulation rates or application methods for the duration of the contract. Any such change and additional costs incurred would be agreed to in written correspondence between the Contractor and the City. Ash Trees 1) All injections of ash trees must be with a liquid formulation of 4% Emamectin benzoate every two years. No substitutions of the formulations shall be allowed. 2) Contractor shall inject Emamectin benzoate at a variable rate up to but not exceeding 5 ml per diameter inch. Determination of dosage shall be on the inches of diameter at breast height (DBH) within specific diameter classes listed in Attachment (B) and (C). 3) Injections must be made at the root flare to ensure the best distribution of the insecticide throughout the tree. Equipment: Rainbow Treecare will provide all necessary equipment to complete the Work under these specifications: 1) Equipment will remain in proper operating condition throughout the term of the Agreement and RTC is responsible for cleaning and providing upkeep to the injection system on a daily basis. Any maintenance issues or repairs are the sole responsibility of Contractor. 2) Treatment technicians will use a high -helix drill bit and must replace the drill bits after every 100 DBH inches to maintain high efficiency. Drilled holes must be the size recommended by the injection equipment manufacturer. 3) Injection holes on ash must be drilled to a depth of approximately 1 inch below the bark to maximize delivery of Emamectin benzoate into ash trees. 4) Emamectin benzoate will be injected into ash trees using current industry standard injection systems that have efficacy data that supports their use, and follow all manufacturers' specifications. 5) All injected trees must be tagged with the year of injection clearly indicated on the tag. Contractor shall provide tags for all injected trees. The tags must be of a design and type that can persist on the tree for at least 3 years. Property Access and Notification Contractor shall not enter private property without having previously obtained permission from the property owner. If Contractor personnel desire to enter private property to access trees on a City owned property, it is their responsibility to notify the underlying property owner by knocking on the door at the time of the site visit or making a phone call ahead of time. Every attempt shall be made to contact the City forester to notify of the intent on accessing a City owned site through private property. Contract Supervision and Form of Order to Proceed The City shall refer residents interested in private property tree injections throughout the treatment period of May -October of each year in a format mutually agreed upon prior to the start of the Project. Private Property Tree Inspections Prior to recommending treatment, all proposed ash trees shall be inspected by a qualified Contractor employee. There may be instances when a tree is not in suitable health or condition to recommend treatment. Contractor shall have an individual experienced in communicating tree information to the general public to explain such decisions. The person assigned to inspect the trees shall be, at the very minimum, a Certified Minnesota Tree Inspector, or have a degree in forestry, or be an ISA Certified Arborist. The individual shall be qualified to diagnose emerald ash borer; and have experience evaluating tree condition. Additionally, the individual shall be able to explain the benefits and risks of all ash protection options, with regard to pollinators, water quality, human health, and tree health and condition. Hours of Operations and Uniform The City reserves the right to set limits on hours of operation for Work on Saturdays, Sundays and holidays. All weekend or holiday Work must be approved by the city manager ahead of time. Certified applicators and GPS staff shall wear company uniform and/or a high visibility/safety vest at all times during field operations. Every vehicle associated with the Project shall display a company logo or name. Attachment B City of Arden Hills: Public Tree Pricing - 2023 Size Class Product Volume (ml. product/tree) Price Per Tree (B) Price per inch (DBH) 8.0 23.0 $ 41.20 $5.15 9.0 28.0 $ 46.35 $5.15 10.0 33.0 $ 51.50 $5.15 11.0 39.0 $ 56.65 $5.15 12.0 44.0 $ 61.80 $5.15 13.0 51.0 $ 66.95 $5.15 14.0 57.0 $ 72.10 $5.15 15.0 65.0 $ 77.25 $5.15 16.0 72.0 $ 82.40 $5.15 17.0 80.0 $ 87.55 $5.15 18.0 88.0 $ 92.70 $5.15 19.0 95.0 $ 97.85 $5.15 20.0 100.0 $ 103.00 $5.15 21.0 105.0 $ 108.15 $5.15 22.0 110.0 $ 113.30 $5.15 23.0 115.0 $ 118.45 $5.15 24.0 120.0 $ 123.60 $5.15 25.0 125.0 $ 128.75 $5.15 26.0 130.0 $ 133.90 $5.15 27.0 135.0 $ 139.05 $5.15 28.0 140.0 $ 144.20 $5.15 29.0 145.0 $ 149.35 $5.15 30.0 150.0 $ 154.50 $5.15 31.0 155.0 $ 159.65 $5.15 32.0 160.0 $ 164.80 $5.15 33.0 165.0 $ 169.95 $5.15 34.0 170.0 $ 175.10 $5.15 35.0 175.0 $ 180.25 $5.15 36.0 180.0 $ 185.40 $5.15 37.0 185.0 $ 190.55 $5.15 38+ 5ml/DBH All trees priced at $5.15/DBH Name of Company: Rainbow Treecare Address: 11571 K-Tel Drive Minnetonka, MN 55343 Phone: 952-217-9776 Authorized Signature: I Pi"� , •:, Date: 1/4/2023 JA'1`11 Rainbow Treecore Attachment C City of Arden Hills: Private Tree Pricing - 2023 Tree Diameter (DBH) Product Volume (ml. product/tree) Price Per Tree* Price per inch (DBH) 8 23 $58.00 $7.25 9 28 $65.25 $7.25 10 33 $72.50 $7.25 11 39 $79.75 $7.25 12 44 $87.00 $7.25 13 51 $94.25 $7.25 14 57 $101.50 $7.25 15 65 $108.75 $7.25 16 72 $116.00 $7.25 17 80 $123.25 $7.25 18 88 $130.50 $7.25 19 95 $137.75 $7.25 20 100 $145.00 $7.25 21 105 $152.25 $7.25 22 110 $159.50 $7.25 23 115 $166.75 $7.25 24 120 $174.00 $7.25 25 125 $181.25 $7.25 26 130 $188.50 $7.25 27 135 $195.75 $7.25 28 140 $203.00 $7.25 29 145 $210.25 $7.25 30 150 $217.50 $7.25 31 155 $224.75 $7.25 32 160 $232.00 $7.25 33 165 $239.25 $7.25 34 170 $246.50 $7.25 35 175 $253.75 $7.25 35+ 5ml/DBH $7.25/DBH $7.25 Name of Company: Rainbow Treecare Address: 11571 K-Tel Drive Minnetonka, MN 55343 Phone: Authorized Signature: Date: 1/4/2023q`�F�;�ihl���'/`i/ Rainbow Treecare Mopw Rainbow Treecare Bill To City of Arden Hills EAB Lucas Miller 1245 Highway 96 W Arden Hills, MN 55112 763 229 4535 Attachment D Proposal 11571 K Tel Drive Minnetonka, MN 55343 952-922-3810 Consulting Arborist Ryan Spencer 952-217-9776 www.rainbowtreecare.com Date Estimate # 03/09/2023 473389 Job Name ity of Arden Hills EAB 20230309-1 Item Description Qty Total Ash, Green Borers, Emerald Ash - Xytect (Standard Rate) 1 $1,048.82 One Soil -Applied Treatment with Xytect at Standard Rate (1.42 g / Diameter Inch) to Prevent / Control Emerald Ash Borer. 32 trees with a combined DBH of 229.5 inches at $4.57 per inch. Estimates Good for 90 Days. Subtotal: $1,048.82 Starting June 21, 2022, there will be a 3.5% processing fee added to payments made via Credit Card. Tax: $0.00 Payments made via eCheck (preferred method), check and Debit Card are FREE. Total: $1,048.82 Customer Signature Date Terms and Conditions The following terms and conditions are a part of the confirmation of work to be performed by Rainbow Tree Co., and with the information on the front constitutes the entire agreement. HAZARDS AND RISKS: Proposals made by Rainbow Tree Co. are intended to reduce or minimize hazardous conditions inherently associated with trees. However, Rainbow Tree Co. can not guarantee that the proposed efforts will prevent tree failure or breakage during a storm or other natural events. At times hazardous conditions can be undetectable, therefore Rainbow Tree Co. also holds no guarantee that all hazardous conditions will be detected. PAYMENT TERMS: 1.) sign up for automatic bill payment or 2.) an invoice will be mailed once the job is complete. Payments can be made by check, Visa, MasterCard, Discover or American Express. Rainbow will impose a 1.5% interest per month on all outstanding balances over 30 days old. INSURANCE: Rainbow Tree Co. is insured against liability resulting from personal injury or property damage related to work performed on your property and all Rainbow Tree Co. employees are covered by Workers Compensation. Proof of insurance is available upon request. OWNERSHIP: The customer warrants that all trees, plant material, and property upon which the work is to be performed are either owned by the customer or permission has been granted by the owner. Rainbow Tree Co. is not responsible for any claims resulting from the customer's failure to obtain such permission. The customer assumes all responsibility for providing accurate property markers and will provide Rainbow Tree Co. with copies of any easements or restrictions. WORKMANSHIP AND PERFORMANCE: Rainbow Tree Co. is responsible for the removal of all wood and debris related to the proposed work, unless otherwise specified in this proposal. All work will be performed in a professional manner. Techniques and tools will meet or exceed industry standards. Rainbow Tree Co. shall attempt to meet all promised performance dates, but shall not be liable for damages due to delays for inclement weather or other causes beyond its control. Delays in work will not relieve the customer from the responsibility of this contract. STUMPS: Unless noted otherwise all stumps will be cut as close to the ground level as safely possible without damaging company equipment or endangering employees. Removal- of stumps is not included in a tree removal contract unless specifically stated. CONCEALED CONTINGENCIES: The customer agrees to pay Rainbow Tree Co. on a time and materials basis for any additional work required to complete the job if concrete, brick, pipe, or other foreign materials (including stinging insect nests) are encountered in the tree (s). The customer agrees to pay Rainbow Tree Co. for any additional work due to pipe or electrical lines encountered during trenching or excavations and not described on the face of this agreement and for any other condition not apparent at the time the estimate was completed. UNDERGROUND UTILITIES AND IRRIGATION LINES: Rainbow Tree Co. is not responsible for the damage of concealed irrigation lines, utility lines or invisible fencing. The customer signifies no knowledge of concealed utilities not listed on the front of this page. The customer is responsible for the marking of irrigation lines and invisible fencing. Public utilities will be marked by local agencies under Rainbow Tree Company's instruction. SPRAY APPLICATIONS: Rainbow Tree Co. is responsible for the proper treatment of sprayed landscape plants. Since treatments are time sensitive it is the customer's responsibility to provide access to the plants. Failure to provide access may result in Rainbow Tree Co. withdrawing from the responsibility of proper treatment. Rainbow Tree Co. is responsible to use spray formulations commonly used by the industry for the treatment of the problems of landscape plants but can not be responsible for unforeseen or abnormal reactions to a spray. Revised Mav 2015. Attachment E dil!j,U1111�1`I Rainbow Treecarb March 31, 2023 Lucas Miller Assistant Public Works Director City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Sent via e-mail to: LMiller@cityofardenhills.org Re: Proposal for 2023 Oak Injections Dear Mr. Miller: I am writing to inform you of Rainbow Treecare's proposal for discounted injections of public oak trees to protect against Two Lined Chestnut Borer in the City of Arden Hills. Rainbow Treecare will utilize a liquid formulation of 4% Emamectin benzoate to provide two years of protection against Two Lined Chestnut Borer via a trunk injection. Rainbow Treecare understands that quantity of trees available for treatment will be determined by the City of Arden Hills. All technicians assigned to this project will be drawn from Rainbow Treecare's staff and will be licensed commercial pesticide applicators in the State of Minnesota. The cost for this project will be as follows: • $5.15 per diameter inch— City property oak tree injection service with Emamectin benzoate initiated by City staff City of Arden Hills Name: Date Rainbow Treecare DocuSigned by: ��2GNL �PALG(/L C008D802E98BO8456... Name: Ryan Spencer 3/31/2023 Date CONSENT ITEM — 7I ,i` I�EN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Resolution 2023-015 Amending MOA Approving Participation in National Opioid Settlements Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Resolution 2023-015 Approving the amended memorandum of agreement (MOA) between the State of Minnesota and local governments and authorizing participation in national opioid settlements. Discussion In December of 2021, the City Council approved Resolution 2021-077, which authorized participation in national opioid settlements. The memo and its attachments from the meeting are attached for reference under Attachment B, also found in this attachment is a summary from the League which gives an in-depth explanation of what the City participated in. In -short, the State of Minnesota joined a coalition of other states across the country to resolve legal claims against opioid manufacturers. Arden Hills does not receive any money directly as result of these actions, but the money is used by the County and/or State to combat opioid abuse, indirectly benefiting Arden Hills. Since the 2021 actions, a new round of settlements have been reached. In order to participate in this settlement and future settlements, the City Attorney has drafted the attached resolution authorizing participation in the upcoming settlements and future ones, too. An overview of the settlement has been provided under Attachment C. Should Council want to move forward, we would need to opt in by April 181h, and approving this resolution tonight will allow the City Administrator to do so. Budget Impact N/A Page 1 of 2 Attachments Attachment A: Resolution 2023-015 Attachment B: December 2021 Memo and Attachments on Previous Opioid Settlement Resolution Attachment C: Overview of Opioid Settlement Page 2 of 2 Attachment A It EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-015 RESOLUTION APPROVING THE AMENDED MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND AUTHORIZING PARTICIPATION IN NATIONAL OPIOID SETTLEMENTS WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people, have been harmed by misconduct committed by certain entities that engage in the manufacture, marketing, promotion, distribution, or dispensing of opioids; and WHEREAS, the State of Minnesota and numerous Minnesota cities and counties joined with thousands of local governments across the country to file lawsuits against opioid manufacturer and pharmaceutical distribution companies and hold those companies accountable for their misconduct; and WHEREAS, representatives of local Minnesota governments, the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, the State of Minnesota, and the Minnesota Attorney General's Office have negotiated and prepared a Memorandum of Agreement (MOA) to provide for the equitable distribution of proceeds to the State of Minnesota and to individual local governments from recent settlements in the national opioid litigation; and WHEREAS, by signing onto the MOA, the state and local governments maximize Minnesota's share of opioid settlement funds, demonstrate solidarity in response to the opioid epidemic, and ensure needed resources reach the most impacted communities; and WHEREAS, by Resolution 2021-077, the City approved the MOA; and WHEREAS, future settlements involving local governments are contemplated within current lawsuits and bankruptcy proceedings; and WHEREAS, the Minnesota Attorney General's Office proposed an Amended MOA to reflect future settlement distributions. To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. WHEREAS, it is in the best interests of the State of Minnesota and the residents of the City of Arden Hills, and the County of Ramsey, that the City participate in all future national opioid litigation settlements. NOW, THEREFORE, BE IT RESOLVED be it resolved by the City Council of the City of Arden Hills, Minnesota: 1. Participation in the opioid litigation settlements promotes the public health, safety, and welfare of the residents of the City of Arden Hills. 2. The City of Arden Hills supports and opts -in to all applicable national opioid litigation settlements negotiated by the Minnesota Attorney General's Office and/or the litigating entities. 3. The Amended Memorandum of Agreement (MOA) between the State of Minnesota and Local Governments relating to the distribution of settlement funds is hereby approved by the City of Arden Hills. 4. City Staff is hereby authorized to take such measures as necessary to sign the Amended MOA and otherwise participate in all future national opioid settlements, including executing any Participation Agreements and accompanying Releases. City staff shall report to the City Council, as necessary, on the status of future settlements, including financial distributions and timelines. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS LOTH DAY OF APRIL, 2023. David Grant, Mayor ATTEST: Julie Hanson, City Clerk Page 2 of 2 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. 12231574v1 Attachment B ,-iIZEN HILLS MEMORANDUM DATE: December 20, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Approval of Resolution 2021-077 Authorizing Participation in in National Opioids Settlement Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Resolution 2021-077 Approving the Memorandum of Agreement Between the State of Minnesota and Local Governments and Authorizing Participation in National Opioids Settlements. All items need a simple majority for action unless otherwise noted. Discussion This information was recently provided by the League of Minnesota Cities and our City Attorney, both are recommending the City Council approve this resolution. Background regarding the opioid settlement can be found under Attachment B. The deadline for the cities to pass this resolution is January 2, 2022. States around the Country brought litigation against the three largest pharmaceutical distributors: McKesson, Cardinal Health and AmerisourceBergen and the manufacturer, Johnson & Johnson. The settlement, in the amount of $26 Billion, will be distributed to states across the country, and subsequently to City's and County's. No amount has been identified for the City of Arden Hills. This opt -in allows us to collect these resources at a future date, this is the first step in a very long process moving forward. Budget Impact N/A Attachment • Attachment A: Resolution 2021-077 Approving the Memorandum of Agreement Between the State of Minnesota and Local Governments and Authorizing Participation in National Opioids Settlements. • Attachment B: Background Information for Opioids Settlement Page 1 of 1 "It -AI�)EN H1I,1,S CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2021-077 Attachment A A RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND AUTHORIZING PARTICIPATION IN NATIONAL OPIOID SETTLEMENTS WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people, have been harmed by misconduct committed by certain entities that engage in the manufacture, marketing, promotion, distribution, or dispensing of opioids; and WHEREAS, the State of Minnesota and numerous Minnesota cities and counties joined with thousands of local governments across the country to file lawsuits against opioid manufacturer and pharmaceutical distribution companies and hold those companies accountable for their misconduct; and WHEREAS, representatives of local Minnesota governments, the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, the State of Minnesota, and the Minnesota Attorney General's Office have negotiated and prepared a Memorandum of Agreement (MOA) to provide for the equitable distribution of proceeds to the State of Minnesota and to individual local governments from recent settlements in the national opioid litigation; and WHEREAS, by signing onto the MOA, the state and local governments maximize Minnesota's share of opioid settlement funds, demonstrate solidarity in response to the opioid epidemic, and ensure needed resources reach the most impacted communities; and WHEREAS, it is in the best interests of the State of Minnesota and the residents of the City of Arden Hills, and the County of Ramsey, that the City participate in the national opioid litigation settlements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City Council approves: 1. Participation in the opioid litigation settlements promotes the public health, safety, and welfare of the residents of the City of Arden Hills. 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. 2. The City of Arden Hills supports the national opioid litigation settlements with the Distributors McKesson, Cardinal Health, and Amerisource Bergen, and with the Manufacturer Johnson & Johnson. 3. The Memorandum of Agreement (MOA) between the State of Minnesota and Local Governments relating to the distribution of settlement funds is hereby approved by the City of Arden Hills. 4. City Staff is hereby authorized to take such measures as necessary to sign the MOA and otherwise support the national opioid settlements. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 20TH DAY OF DECEMBER, 2021. David Grant, Mayor ATTEST: Julie Hanson, City Clerk 12231574v1 LMC LEAGUE of MINNESOTA CITIES HOW MUCH MONEY IS COMING TO MINNESOTA AND WHY Minnesota, along with a broad coalition of states across the country, has reached agreements with four companies to resolve legal claims for their role in the opioid crisis: manufacturer Johnson & Johnson, and major pharmaceutical distributors AmerisourceBergen, Cardinal Health, and McKesson. The total settlement is $26 billion. Minnesota's maximum share of the settlements is projected to be at least $300 million over 18 years. WHO WAS INVOLVED IN NEGOTIATING THE STATE -SUBDIVISION AGREEMENT? A Memorandum of Agreement (MOA) on the allocation and distribution of these settlement funds was negotiated by representatives of local governments, the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, and the State of Minnesota. HOW ARE SETTLEMENT FUNDS TO BE USED? Settlement funds must be used to support specific strategies to fight the opioid crisis that are identified in the MOA. Although not all cities will receive a direct allocation from the settlements, all cities will have the potential to access county and state grants, and will benefit from the opioid remediation efforts by others that take place in their communities WHAT IS PROCESS TO OPT IN AND WHAT ARE THE DEADLINES? There is a deadline of January 2, 2022, for a sufficient threshold of Minnesota cities and counties to sign on to the State -Subdivision Agreement and to opt into the national settlements. Failure to timely sign on may significantly impact the amount of settlement funds ultimately received by Minnesota. Cities should adopt a resolution or otherwise take action to formally approve the MOA, and affirmatively sign on to the national settlements by visiting this website. WHO SHOULD I CONTACT IF I HAVE QUESTIONS? If you have questions about the settlements, national registration, or the MOA, contact the Minnesota Attorney General's Office at opioids@ag.state.mn.us or reach out directly to Patricia Beety, League General Counsel, at pbeety@lmc.org or 651.281.1270. FREQUENTLY ASKED QUESTIONS ABOUT SETTLEMENTS WITH OPIOID DISTRIBUTORS AND JOHNSON & JOHNSON This document is intended to assist Minnesota subdivisions evaluating the settlement agreements resolving opioid claims with the three largest opioid distributors —McKesson, Cardinal Health, and AmerisourceBergen ("Distributors") —and opioid manufacturer Janssen Pharmaceuticals, and its parent company, Johnson & Johnson ("J&J") (collectively, the "Settlements"). This document is subject to being updated as additional information is gathered. The terms of the Settlements and the Minnesota Opioids State -Subdivision Memorandum of Agreement ("MN MOA") are controlling and are not amended or in any way affected by this document. Copies of these settlements, agreement, and other materials can be found at the Attorney General's website: www.ag.state.mn.us/oi2ioids. 1. My city or county received a notice in the mail and by email about two opioid settlements. What do we do with this and how do we join the Settlements? The notice your city or county received relates to two Settlements resolving opioid claims against the country's three largest drug distributors, McKesson, Cardinal Health, and AmerisourceBergen, and opioid manufacturer Johnson & Johnson for their role in the opioid epidemic. The notice went out to all Minnesota counties, as well as cities that have a population greater than 10,000 and those that have filed lawsuits against these companies. Under the Settlements, Minnesota and its cities and counties stand to receive up to $296 million in Opioid Settlement Funds to fight the opioid crisis over the next 18 years, starting in early to mid-2022. The more cities and counties that join, the more the Distributors and J&J will pay under the Settlements. The Notice you received should have a unique subdivision registration code. The Attorney General's Office also sent your city or county a letter attaching this same registration code. Cities or counties must visit www.nationalopioidsettlement.com and use that code to register to receive participation agreements for the Settlements. You will then receive information about how to submit your Subdivision Settlement Participation Forms electronically via DocuSign. You must submit two forms, one for each Settlement. 2. How large are the Settlements? Under the terms of the Settlements, the Distributors and J&J will provide up to $26 billion to states, cities, and counties throughout the country. The Distributors will make payments over a period of 18 years, and J&J will make payments over nine years. 3. Is there a deadline for cities and counties to join the Settlements? Yes. Cities and counties should complete their Subdivision Settlement Participation Forms by January 2, 2022. Cities and counties that join after that date risk reducing the entire amount that goes to the State of Minnesota as well as having their own payments reduced. 1 4. How many Minnesota cities and counties are engaged in litigation against the Distributors and J&J? Twenty-six counties and seven cities have filed lawsuits against the Distributors and/or J&J. Under the MN MOA (see additional information below), all 87 counties and every city that meets the eligibility criteria would receive settlement payments regardless of whether they filed lawsuits, but they must join the Settlements. The Settlements prohibit payments to counties or cities that do not join the Settlements. 5. What is the status of these cases? All Minnesota city and county cases have been consolidated for pretrial proceedings into a Multi -District Litigation (MDL) in federal court in Cleveland, Ohio. The opioid MDL has roughly 3,000 lawsuits from nearly every state. The lawsuits allege that opioid manufacturers misrepresented the risks associated with prescription opioids; that opioid distributors did not properly monitor shipments of prescription opioids to pharmacies across the country; and that these actions contributed to the opioid epidemic that continues to ravage Minnesota and the rest of the country. Until the Settlements are finalized, these cases will remain pending. 6. Has the State of Minnesota joined the Settlements? Yes. The Minnesota Attorney General's Office, together with the majority of state Attorneys General across the country, has signed on to the Settlements. Those Attorneys General, lawyers representing thousands of municipalities in the national opioid litigation, and the Association of Minnesota Counties, League of Minnesota Cities, and the Coalition of Greater Minnesota Cities strongly encourage cities and counties to join. Cities and counties that join will be helping to bring additional abatement resources to communities and families throughout the state for substance use prevention, harm reduction, treatment, and recovery. 7. How much will Minnesota receive from the Settlements? Minnesota is eligible to receive a maximum payment of approximately $296 million under the Settlements with the Distributors and J&J. The settlement funds are allocated among states based on population and the impact of the opioid crisis on each state, taking into account several public health measures. The precise amount of settlement funds Minnesota as a whole receives is highly dependent on the level of city and county participation and the avoidance of penalties that would result from cities or counties filing new lawsuits. 8. What is the Minnesota Opioids State -Subdivision Memorandum of Agreement? The MN MOA governs how Minnesota will distribute settlement funds from the Settlements with Distributors and J&J. It also governs how opioid abatement funds from the bankruptcy resolutions with Purdue Pharma and Mallinckrodt are distributed within Minnesota. The Purdue Pharma and Mallinckrodt bankruptcies are not yet finalized, and N it is not yet known how much money will be coming to the state from these bankruptcies, although the Attorney General's Office expects the figure to be in the tens of millions. 9. Why is it so important to join the Settlements and the MN MOA? The opioid epidemic has taken the lives of more than 5,400 Minnesotans since 2000. The epidemic has torn families apart and ravaged communities, particularly American Indian populations and communities of color. Individuals, families, and communities continue to suffer, as the COVID-19 pandemic has caused a surge in both fatal and nonfatal overdose deaths. The epidemic was fueled by irresponsible marketing and inadequate monitoring on the part of opioid makers and distributors. In addition to potentially over $296 million to fight the epidemic, settlements with the Distributors and J&J will shine a light on these companies' conduct and help make sure nothing like this ever happens again. The MN MOA is an important step forward in holding these companies accountable and directing much -needed resources to communities across the state. 10. What are the most important features of the MN MOA? The Settlements require state and local governments to use the vast majority of settlement funds to address the opioid epidemic. Consistent with this principle, the MN MOA dedicates funds to that purpose. The Attorney General's Office convened an expert panel of local, state, and community providers with experience and expertise in public health and delivery of health care services to determine the best and most effective use of the settlement funds (the "Advisory Panel to the Attorney General on Distribution and Allocation of Opioid Settlement Funds" or the "panel"). The panel selected a comprehensive list of future opioid abatement and remediation programs to which these settlement funds must be dedicated, whether those funds are received by the State, cities, or counties. The MN MOA also enables Minnesota to maximize resources to fight the epidemic. The MN MOA was designed to incentivize cities and counties to join in order to earn the maximum amount of payments from the Settlements. To maximize resources flowing to communities on the front lines of the epidemic, the MN MOA directs settlement funds as follows: • 75 percent to local governments, including all counties and 33 cities. • 25 percent to the state, to be overseen and distributed by the Opioid Epidemic Response Advisory Council. 11. How does my city or county sign onto the MN MOA? The county board, city council, or equivalent legislative body can pass a resolution stating its intent to sign onto the MOA and directing the appropriate county or city official to execute the MOA. Sample resolutions are available from the Association of Minnesota Counties and the League of Minnesota Cities. 3 12. If my city or county signs onto the MN MOA, does that mean it automatically signs onto the Settlements with the Distributors or J&P No. A city or county that signs the MN MOA is agreeing to a framework for how settlement funds will flow in the event the Settlements become effective. However, the city or county must separately sign on to the Settlements in order to receive payments pursuant to the MN MOA. 13. If my city or county joins the Settlements, will we receive direct payments? It depends. All counties that join are set to receive direct allocation under the terms of the MN MOA, as well as all cities that join and meet the following eligibility criteria: • Have a population of 30,000 or more, based on the U.S. Census Bureau's Vintage 2019 population totals; • Have funded or otherwise managed an established health care or treatment infrastructure (e.g., health department or similar agency); or • Have initiated litigation against the Distributors or J&J as of December 3, 2021. The population threshold for non -litigating cities to receive a direct allocation of funds recognizes that the efficient delivery of opioid abatement services is hindered if the funds are divided into hundreds of small allocations. Even with potentially upwards of $300 million coming into Minnesota, allocating funds among several hundred smaller cities and towns would result in minimal payments for most subdivisions, in many cases less than a few dollars a year. For that same reason, under the MN MOA cities allocated a share may elect to have their full share or a portion of their share instead directed to the county in which the city is located. Although not all cities will receive a direct allocation of opioid abatement funds, those cities will still benefit from the opioid remediation efforts that take place in their communities. Moreover, under the MN MOA, each county receiving opioid settlement funds must consult annually with the cities in the county regarding use of the settlement funds. Finally, cities that are not eligible for a direct share may also request grants for opioid remediation programs from the state's opioid remediation fund, which are distributed via the Opioid Epidemic Response Advisory Council and the Department of Human Services. 14. If my city or county joins, how much money will we receive? Under the terms of the MN MOA, local governments (including cities and counties) that join the Settlements will directly receive 75% of the total abatement funds, divided among the counties and eligible cities in the percentages reflected in Exhibit B to the MN MOA. The percentages reflected in Exhibit B are based upon the MDL's Opioid Negotiation Class Model. Experts and attorneys representing local governments in the MDL developed the 2 allocation model based on nationally available federal data on opioid use disorder, overdose deaths, and opioid shipments into Minnesota, by region and community. 15. When will my city or county get payments? Payments from the Settlements will begin to flow to the state and directly to cities and counties as soon as April 2022. The Distributors will make payments over a period of 18 years, and J&J will make payments over nine years. The J&J settlement provides for payments to be accelerated if cities and counties sign on early. 16. How much money will the State receive, and where will it go? Under the terms of the MN MOA, the statewide abatement share is 25% of the total abatement funds. By statute, these funds will go into a special opioid abatement account and are designated to be used solely for opioid abatement purposes pursuant to the Approved Uses in the MN MOA, overseen and distributed by the Opioid Epidemic Response Advisory Council! 17. What about attorney fees? The state's investigation and litigation against the opioid industry is handled by government lawyers in the Attorney General's Office. No money from these Settlements will go to pay any state lawyers. Some cities and counties in Minnesota retained attorneys on a contingency fee basis to file lawsuits against the opioid companies. The national settlements establish an Attorney Fee Fund for attorneys representing cities and counties that join the settlements. The settlements require attorneys who recover from this fund to waive enforcement of their contingency fee agreements. The MN MOA includes a Backstop Fund, which will be overseen by a Special Master, that will allow for the payment of reasonable attorney fees to private attorneys to make up for the difference between what they receive from the national fund and their contingency fee agreements, which are capped at 15%. The Backstop Fund is funded by a percentage of the local government share of settlement funds, and any funds that remain in the Backstop Fund after payment of reasonable attorney fees will revert to cities and counties for abatement. 18. How will the money coming into Minnesota be tracked? The Advisory Panel to the Attorney General on Distribution and Allocation of Opioid Settlement Funds agreed upon a set of reporting and compliance recommendations to make 1 Under current law, after certain appropriations are made, approximately 50% of the funds paid into the opioid abatement account are distributed to county social service agencies to provide child protection services to children and families who are affected by addiction. The state -subdivision agreement anticipates a change to this law to allow counties to receive their share of the settlement funds directly. The agreement requires the state and subdivisions to work together to achieve this change in law during the 2022 legislative session, and includes a provision changing the allocation between state and local governments if the statutory change is not accomplished. 5 sure that the abatement money coming into Minnesota is effectively tracked and spent on strategies and programs that have a real impact in the state. The MN MOA will be supplemented to include provisions that will be mutually agreed upon by the State and cities and counties utilizing the panel's recommendations. 19. Can a city join the Settlements even if it does not receive a direct allocation of abatement funds? Yes. The Settlements allow for all cities and counties to join, even ones that are not directly allocated amounts from the 75% local government share. For cities with populations greater than 10,000, joining the Settlements will assist Minnesota in earning the maximum amount possible. Non -litigating cities with populations under 10,000 were not sent notices and are not able to use the DocuSign process, but may still want to join the Settlements. If such cities want to join the settlements, they can contact the Attorney General's Office to receive the subdivision joinder forms by emailing opioids&ag.state.mn.us. 20. Does the MN MOA apply to matters other than the Distributor and J&J Settlements? Yes. The MN MOA replaces default provisions in the Purdue Pharma L.P. and Mallinckrodt plc bankruptcy plans. The Attorney General's Office anticipates that the Purdue Pharma and Mallinckrodt bankruptcy proceedings will provide tens of millions of additional dollars to Minnesota to support state and local efforts to address the opioid epidemic across the state. These funds will be distributed throughout the state according to the provisions MN MOA, just like the settlement funds from the Distributor and J&J Settlements. 21. Do the Settlements require the companies to do more than pay money? Yes. In addition to paying billions of dollars, the companies are also required to make changes in how opioids are distributed and sold. The companies will be subject to far more oversight and accountability throughout that process to prevent deliveries of opioids to pharmacies where diversion and misuse occur. The Distributors will be required to establish and fund a centralized, independent clearinghouse using detailed data analytics to keep close track of opioid distribution throughout the country and raise red flags for suspicious orders. J&J will be prohibited from selling or promoting opioids for ten years. 22. How do the Settlements and the MN MOA relate to the McKinsey settlement that was announced in February? The McKinsey settlement is separate from the Settlements with the Distributors and J&J, and from the Purdue and Mallinckrodt bankruptcy proceedings. In February 2021, Attorney General Keith Ellison and other attorneys general from across the country reached a $573 million settlement with one of the world's largest consulting Con firms, McKinsey & Company, over the company's role in advising opioid companies how to promote their drugs and profit from the opioid epidemic. As part of the settlement with McKinsey, Minnesota will receive nearly $8 million, $6.6 million of which has already been paid. The remainder will be paid over four years. The entire settlement sum will be placed into the special opioid abatement account and used to abate the opioid crisis in the state. 23. Apart from the Distributors and J&J Settlements, the Purdue and Mallinckrodt bankruptcy proceedings, and the recent McKinsey settlement, is there other opioid- related litigation brought by state and local governments? Yes. In addition to these cases, the Attorney General's Office continues to be engaged in multistate investigations and settlement negotiations with numerous other pharmaceutical manufacturers and distributors for violations of state consumer protection laws. The Office is leading nationwide efforts to ensure public disclosure of opioid-related documents, which are designed to achieve accountability, transparency, and prevention of future harm. The Office is also coordinating with the Opioid Epidemic Response Advisory Council to ensure any potential settlement funds are used as effectively as possible throughout Minnesota to remedy the ongoing opioid crisis. 24. Where can I get more information about the Settlements? Cities or counties that hired attorneys to file opioid litigation should consult their attorneys. Additional information on the Settlements can be found at the national settlement website, www.nationalopioidsettlement.com, or the Attorney General's website: www.aa.state.mn.us/opioids. To speak with someone on the Attorney General's opioids team, email opioids(d),ag.state.mn.us or call (612) 429-7126 and leave a voicemail. 7 The Office of 4 Minnesota Attorney General Keith Ellison helping people afford their lives and live with dignity and respect • www.ag.state.mn.us December 8, 2021 Dear Minnesota Cities and Counties: I'm pleased to announce that counties, cities, and the State of Minnesota have reached an agreement that will govern how funds from recently announced settlements with opioid companies will be distributed within Minnesota. In order to finalize this agreement, I am asking you to sign the enclosed State -Subdivision Memorandum of Agreement (MN MOA) and also to join both settlements with opioid distributors McKesson, AmerisourceBergen, and Cardinal Health, and opioid manufacturer Johnson & Johnson by January 2, 2022. Minnesota stands to receive more than $300 million from these settlements, the vast majority of which will go to cities and counties, but we need your cities and counties to sign on to the settlements to maximize the resources to fight the epidemic. Simply put, the more cities and counties that sign on by January 2, 2022, the more money we will have for treatment, prevention, and a whole host of programs and strategies to abate this crisis. Over the last few months, my Office has been working tirelessly with cities and counties to come to an agreement on allocation and distribution of opioid settlement funds. We have been working alongside the Association of Minnesota Counties, the League of Minnesota Cities, the Coalition of Greater Minnesota Cities, representatives from litigating cities and counties, members of the Opioid Epidemic Response Advisory Council, the Governor's Office, and numerous state agencies, among others. The MN MOA is the result of this work. Since 2000, the opioid epidemic has cost more than 5,400 Minnesotans their lives, and has torn families apart and ravaged communities. The last year has been especially hard, as the COVID-19 pandemic has caused a surge in opioid overdoses, both fatal and nonfatal. No amount of money will ever be enough to make up for the damage and destruction caused by these companies, but these historic agreements are at least a measure of accountability, if not justice. Enclosed with this letter are several documents with more information about these agreements. Additional information about the settlements and how they will be implemented in Minnesota can be found on our website at www.ag.state.mn.us/opioids. Also, please do not hesitate to contact my Office with any questions you may have. You can send an email to opioidskag.state.mn.us, or leave a voicemail at (612) 429-7126. Sincerely, KEITH ELLISON Attorney General Enclosures: Minnesota Opioids State -Subdivision Memorandum of Agreement Executive Summary One -Page Overview Frequently Asked Questions Checklist The Office of Minnesota Attorney General Keith Ellison helping people afford their lives and live with dignity and respect • www.ag.state.mn.us Minnesota Opioid State -Subdivision Agreement Overview What It Is The Minnesota Memorandum of Agreement (MN MOA) governs how Minnesota will distribute settlement funds from two national settlements with opioid distributors McKesson, Cardinal Health, and AmerisourceBergen and opioid manufacturer Johnson & Johnson. These settlements could bring more than $296 million to Minnesota over an 18-year period to support state and local efforts to fight the opioid epidemic.' How It Works Enables Minnesota to maximize resources to fight the epidemic. For Minnesota to receive the maximum payout under the two national settlements, cities and counties must join the state and sign on to the MN MOA and the settlement agreements. To maximize resources flowing to communities on the front lines of the epidemic, the MN MOA directs settlement funds as follows: • 75 percent to local governments, including all counties and 33 cities. • 25 percent to the state, to be overseen and distributed by the Opioid Epidemic Response Advisory Council. Dedicates funds to addressing the opioid epidemic. The Attorney General's Office convened an expert panel of local, state, and community providers with experience and expertise in public health and delivery of health care services to determine the best and most effective use of the settlement funds. The panel selected a comprehensive list of future opioid abatement and remediation programs to which these settlement funds must be dedicated. Why It Matters Personal Cost. More than 5,400 Minnesotans have died of opioid overdoses since 2000. The epidemic has torn families apart and ravaged communities, particularly American Indian populations and communities of color. Individuals, families, and communities continue to suffer, as the COVID-19 pandemic has caused a surge in both fatal and nonfatal overdose deaths. Accountability. Opioid manufacturers and distributors created and fueled the opioid epidemic with irresponsible and misleading marketing and inadequate monitoring of these dangerous products. In addition to potentially over $296 million to fight the epidemic, settlements with the three largest drug distributors in the country, as well as one of the largest manufacturers, will shine a light on these companies' conduct and help make sure nothing like this ever happens again. ' The MN MOA also governs how opioid abatement funds from the bankruptcy resolutions with Purdue Pharma and Mallinckrodt are distributed within Minnesota. The $296 million figure does not include payments from the Purdue Pharma and Mallinckrodt bankruptcies, which are not yet finalized. he Office of innesota Attorney General Keith Ellison elping people afford their lives and live with dignity and respect • www.ag.state.mn.us Minnesota Opioid Settlement Executive Summary Minnesota has joined a broad multistate coalition in reaching nationwide settlements with the three largest opioid distributors — AmerisourceBergen, Cardinal Health, and McKesson — and opioid manufacturer Johnson & Johnson. The settlements resolve investigations and lawsuits against these companies for their role in the opioid crisis. If the settlements are fully adopted nationally, the distributors will pay $21 billion over 18 years and Johnson & Johnson will pay $5 billion over 10 years. Most states have already joined the settlements, but for the agreements to become effective, a critical mass of cities and counties must sign onto the settlements by January 2, 2022. Settlement Structure If a critical mass of subdivisions sign on and the settlements become effective: Minnesota will be eligible to receive more than $296 million over 18 years. Up to $222 million of that will be paid directly to Minnesota cities and counties. The total amount of payments to Minnesota will be determined by the overall degree of participation by cities and counties. The more cities and counties that join, the more money everyone in Minnesota will receive. Distribution within Minnesota will be determined by the state - subdivision agreement (see below). o Each state's share of the funding was determined by agreement among the states using a formula that takes into account the impact of the crisis on the state —the number of overdose deaths, the number of residents with substance use disorder, and the number of opioids prescribed —and the population of the state. Payments will begin to flow to the state and cities and counties as soon as April 2022. The Johnson & Johnson settlement provides for payments to be accelerated if cities and counties sign on early. The vast majority of the settlement funds must be used to support any of a wide variety of strategies to fight the opioid crisis. The Attorney General's Office convened an expert panel of local, state, and community providers with experience and expertise in public health and delivery of health care services to determine the best and most effective use of the settlement funds. The panel selected a comprehensive list of future opioid abatement and remediation programs that will benefit all regions of the state. In addition to the financial components, the settlements also require the companies to make changes in how opioids are distributed and sold. The companies will be subject to far more oversight and accountability throughout that process to prevent deliveries of opioids to pharmacies where diversion and misuse occur. The distributors will be required to establish and fund a centralized, independent clearinghouse using detailed data analytics to keep close track of opioid distribution throughout the country and raise red flags for suspicious orders. Johnson & Johnson will be prohibited from selling or promoting opioids for ten years. Minnesota Framework Minnesota has been preparing for these settlements and the opportunity they present to deliver substantial funding to needed abatement and remediation programs. In 2019, the Legislature passed the Opiate Epidemic Response bill, creating a special opioid abatement account and the Opioid Epidemic Response Advisory Council, which will oversee the spending of the state's share of settlement funds. Additionally, a months -long partnership between the state and cities and counties has resulted in a state -subdivision agreement (or "Minnesota Memorandum of Agreement") that is designed to maximize the settlement funds coming to the State of Minnesota and get them to where they are needed most. The state -subdivision agreement details how the settlement money will be allocated within the state and also sets out a structure for the distribution of opioid abatement funds from pending bankruptcy plans with Purdue Pharma and Mallinckrodt. A copy of the state -subdivision agreement can be found on the Attorney General's website at www.aa.state.mn.us/opioids. Pursuant to the state -subdivision agreement —and assuming maximum payments — approximately $296 million in funds paid to Minnesota and its cities and counties from the Distributor and Johnson & Johnson settlements, as well as tens of millions of additional dollars from the Purdue Pharma and Mallinckrodt bankruptcies, will be allocated as follows: • Local Government Abatement Fund. Seventy-five percent (75%) of the abatement funds will be paid directly to counties and certain municipalities that participate in the settlement. Local government funds will be directly allocated to all participating counties, and all participating municipalities that: (a) have populations of 30,000 or more, (b) have filed lawsuits against the settling defendants, or (c) have public health departments. To promote efficiency in the use of abatement funds and limit the administratively burdensome disbursements of amounts that are too small to add a meaningful abatement response, smaller, non -litigating municipalities will not receive a direct allocation of settlement funds. The allocation percentages for each county and municipality were determined by counsel for the subdivisions negotiating the national settlement agreements and were calculated using data reflect the impact of the opioid crisis on the subdivision. • State Fund. Twenty-five percent (25) of the abatement funds will be paid directly to the State. Pursuant to state law, these funds will go into the special opioid abatement account to be overseen and distributed by the Opioid Epidemic Response Advisory Council. Under current law, after certain appropriations are made, approximately 50% of the funds paid into the opioid abatement account are distributed to county social service agencies to provide child protection services to children and families who are affected by addiction. OA The state -subdivision agreement anticipates a change to this law to allow counties to receive their share of the settlement funds directly. The agreement requires the state and subdivisions to work together to achieve this change in law during the 2022 legislative session, and includes a provision changing the allocation between state and local governments if the statutory change is not accomplished. Some municipalities in Minnesota retained attorneys on a contingency fee basis to file lawsuits against the opioid companies. The national settlements establish an Attorney Fee Fund for attorneys representing cities and counties that join the settlements. The settlements require attorneys who recover from this fund to waive enforcement of their contingency fee agreements. The state -subdivision agreement includes a Backstop Fund, which will be overseen by a Special Master, that will allow for the payment of reasonable attorney fees to private attorneys to make up for the difference between what they receive from the national fund and their contingency fee agreements, which are capped at 15%. Any funds that remain in the Backstop Fund after payment of reasonable attorney fees will revert to cities and counties for abatement. Subdivision Participation It is vital for subdivisions to join the settlements during the initial sign -on period, which ends January 2, 2022. First, very high levels of subdivision participation nationally are necessary for the companies to move forward with the settlements and for everyone to benefit from them. Second, cities or counties cannot receive any portion of the direct settlement funds if they do not sign on to the settlements. Third, in order to maximize the settlement payments that come to Minnesota, full joinder by certain categories of counties and cities is needed. Finally, joinder during the initial sign -on period maximizes the amount of funds available to an individual city or county. Next Steps Now: Cities and counties should have received a settlement notice with additional information about the sign on process, which begins by registering on the national settlement website: www.nationalopioidsettlement.com. Registering is a necessary step toward participation in the settlements. The notice each subdivision received by mail and email provides its unique subdivision registration code, which must be used to register. Registering does not mean that the subdivision has accepted the terms of the national settlement agreements or the state -subdivision agreement. Next: Each subdivision, via its local legislative body, should adopt a resolution that authorizes a representative of the subdivision to execute Minnesota's state -subdivision agreement and both subdivision settlement participation forms (Distributors and Johnson & Johnson), which are required to join the settlements. Cities and counties can obtain model resolutions by contacting the Association of Minnesota Counties or the League of Minnesota Cities. The resolutions should be submitted to the subdivisions' legislative body (i.e., county commission or city council) for approval. By January 2, 2022: After the appropriate resolution is passed by each subdivision, the authorized representative should sign the Minnesota Memorandum of Agreement, the Distributor Agreement, and the Johnson & Johnson Agreement. The Distributor and Johnson & Johnson agreements can be signed electronically via DocuSign. Subdivisions should receive an email with a link to sign electronically upon registering at www.nationalopioidsettlement.com. Subdivisions are encouraged to sign onto the Minnesota Memorandum of Agreement and the settlement agreements as soon as possible to avoid scheduling challenges and to ensure that we meet the national subdivision participation threshold for the settlements to become effective. Additional information about the settlements and how they are implemented in Minnesota can be found on the Attorney General's website: www.ag.state.mn.us/opioids. Subdivisions that are represented by an attorney with respect to opioid claims should consult with their attorney. Additionally, specific questions for the Attorney General's Office can be emailed to opioids(kag.state.mn.us, or left via voicemail at (612) 429-7126. 2 The Office of 4 Minnesota Attorney General Keith Ellison helping people afford their lives and live with dignity and respect • www.ag.state.mn.us Minnesota Opioids Settlement Checklist Cities and counties must complete the following steps: ❑ Register your city or county on the national settlement website: www.nationalopioidsettlement.com. a. Notice with a unique registration code was sent to cities and counties in late September. If your city or county did not receive this notice or cannot find its unique registration code and wishes to participate in the settlements, contact the Attorney General's Office. b. Once registered, your designated contact will receive settlement participation packets, including two (2) Subdivision Settlement Participation Forms — one for each of the Distributors and Janssen (Johnson & Johnson) settlements. The settlement sign -on forms can be completed electronically via DocuSign. ❑ Adopt a county board or city council resolution authorizing a representative of the subdivision to execute the following: a. The Minnesota Opioids State -Subdivision Memorandum of Agreement (MN MOA) b. The Distributor Subdivision Settlement Participation Form c. The Janssen Subdivision Settlement Participation Form ❑ Have the authorized representative execute the following documents: a. The MN MOA b. The Distributor Subdivision Settlement Participation Form (via DocuSign) c. The Janssen Subdivision Settlement Participation Form (via DocuSign) ❑ Return the following documents to the Attorney General's Office by email to opioidskag.state. mn.us: a. Copy of the completed resolution passed by your city or county b. Executed signature page for the MN MOA Additional information about the settlements and how they are implemented in Minnesota can be found on the Attorney General's website: www.ag.state.mn.us/opioids. Subdivisions that are represented by an attorney with respect to opioid claims should consult with their attorney. Additionally, specific questions for the Attorney General's Office can be emailed to opioids ckag.state.mn.us, or left via voicemail at (612) 429-7126. MINNESOTA OPIOIDS STATE -SUBDIVISION MEMORANDUM OF AGREEMENT WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been harmed by misconduct committed by certain entities that engage in or have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic; WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement discussions seeking to hold opioid manufacturers and distributors accountable for the damage caused by their misconduct; WHEREAS, the State and Local Governments share a common desire to abate and alleviate the impacts of the misconduct described above throughout Minnesota; WHEREAS, while the State and Local Governments recognize the sums which may be available from the aforementioned litigation will likely be insufficient to fully abate the public health crisis caused by the opioid epidemic, they share a common interest in dedicating the most resources possible to the abatement effort; WHEREAS, the investigations and litigation with Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson have resulted in National Settlement Agreements with those companies, which the State has already committed to join; WHEREAS, Minnesota's share of settlement funds from the National Settlement Agreements will be maximized only if all Minnesota counties, and cities of a certain size, participate in the settlements; WHEREAS, the National Settlement Agreements will set a default allocation between each state and its political subdivisions unless they enter into a state -specific agreement regarding the distribution and use of settlement amounts; WHEREAS, this Memorandum of Agreement is intended to facilitate compliance by the State and by the Local Governments with the terms of the National Settlement Agreements and is intended to serve as a State -Subdivision Agreement under the National Settlement Agreements; WHEREAS, this Memorandum of Agreement is also intended to serve as a State -Subdivision Agreement under resolutions of claims concerning alleged misconduct in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic entered in bankruptcy court that provide for payments (including payments through a trust) to both the State and Minnesota counties and cities and allow for the allocation between a state and its political subdivisions to be set through a state -specific agreement; and WHEREAS, specifically, this Memorandum of Agreement is intended to serve under the Bankruptcy Resolutions concerning Purdue Pharma and Mallinckrodt as a qualifying Statewide Abatement Agreement. 1 I. Definitions As used in this MOA (including the preamble above): "Approved Uses" shall mean forward -looking strategies, programming, and services to abate the opioid epidemic that fall within the list of uses on Exhibit A. Consistent with the terms of the National Settlement Agreements and Bankruptcy Resolutions, "Approved Uses" shall include the reasonable administrative expenses associated with overseeing and administering Opioid Settlement Funds. Reimbursement by the State or Local Governments for past expenses are not Approved Uses. "Backstop Fund" is defined in Section VI.B below. "Bankruptcy Defendants" mean Purdue Pharma L.P. and Mallinckrodt plc. "Bankruptcy Resolution(s)" means resolutions of claims concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic by the Bankruptcy Defendants entered in bankruptcy court that provide for payments (including payments through a trust) to both the State and Minnesota counties and municipalities and allow for the allocation between the state and its political subdivisions to be set through a state -specific agreement. "Counsel" is defined in Section VI.B below. "County Area" shall mean a county in the State of Minnesota plus the Local Governments, or portion of any Local Government, within that county. "Governing Body" means (1) for a county, the county commissioners of the county, and (2) for a municipality, the elected city council or the equivalent legislative body for the municipality. "Legislative Modification" is defined in Section II.0 below. "Litigating Local Governments" mean a Local Government that filed an opioid lawsuit(s) on or before December 3, 2021, as defined in Section VI.B below. "Local Abatement Funds" are defined in Section II.B below. "Local Government" means all counties and cities within the geographic boundaries of the state of Minnesota. "MDL Matter" means the matter captioned In re National Prescription Opiate Litigation, MDL 2804, pending in the United States District Court for the Northern District of Ohio. "Memorandum of Agreement" or "MOA" mean this agreement, the Minnesota Opioids State -Subdivision Memorandum of Agreement. W "National Settlement Agreements" means the national opioid settlement agreements with the Parties and one or all of the Settling Defendants concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. "Opioid Settlement Funds" shall mean all funds allocated by the National Settlement Agreements and any Bankruptcy Resolutions to the State and Local Governments for purposes of opioid remediation activities or restitution, as well as any repayment of those funds and any interest or investment earnings that may accrue as those funds are temporarily held before being expended on opioid remediation strategies. "Opioid Supply Chain Participants" means entities that engage in or have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic, including their officers, directors, employees, or agents, acting in their capacity as such. "Parties" means the State and the Participating Local Governments. "Participating Local Government" means a county or city within the geographic boundaries of the State of Minnesota that has signed this Memorandum of Agreement and has executed a release of claims with the Settling Defendants by signing on to the National Settlement Agreements. For the avoidance of doubt, a Local Government must sign this MOA to become a "Participating Local Government." "Region" is defined in Section II.H below. "Settling Defendants" means Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a National Settlement Agreement. "State" means the State of Minnesota by and through its Attorney General, Keith Ellison. "State Abatement Fund" is defined in Section II.B below. II. Allocation of Settlement Proceeds A. Method of distribution. Pursuant to the National Settlement Agreements and any Bankruptcy Resolutions, Opioid Settlement Funds shall be distributed directly to the State and directly to Participating Local Governments in such proportions and for such uses as set forth in this MOA, provided Opioid Settlement Funds shall not be considered funds of the State or any Participating Local Government unless and until such time as each annual distribution is made. B. Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows: (i) 25% directly to the State ("State Abatement Fund"), and (ii) 75% directly to abatement funds established by Participating Local Governments ("Local Abatement Funds"). This initial allocation is subject to modification by Sections II.F, II.G, and II.H, below. C. Statutory change. The Parties agree to work together in good faith to propose and lobby for legislation in the 2022 Minnesota legislative session to modify the distribution of the State's Opiate Epidemic Response Fund under Minnesota Statutes section 256.043, subd. 3(d), so that "50 percent of the remaining amount" is no longer appropriated to county social services, as related to Opioid Settlement Funds that are ultimately placed into the Minnesota Opiate Epidemic Response Fund ("Legislative Modification").' Such efforts include, but are not limited to, providing testimony and letters in support of the Legislative Modification. 2. It is the intent of the Parties that the Legislative Modification would affect only the county share under section 256.043, subd. 3(d), and would not impact the provision of funds to tribal social service agencies. Further, it is the intent of the Parties that the Legislative Modification would relate only to disposition of Opioid Settlement Funds and is not predicated on a change to the distribution of the Board of Pharmacy fee revenue that is deposited into the Opiate Epidemic Response Fund. D. Bill Drafting Workgroup. The Parties will work together to convene a Bill Drafting Workgroup to recommend draft legislation to achieve this Legislative Modification. The Workgroup will meet as often as practicable in December 2021 and January 2022 until recommended language is completed. Invitations to participate in the group shall be extended to the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, state agencies, the Governor's Office, the Attorney General's Office, the Opioid Epidemic Response Advisory Council, the Revisor's Office, and Minnesota tribal representatives. The Workgroup will host meetings with Members of the Minnesota House of Representatives and Minnesota Senate who have been involved in this matter to assist in crafting a bill draft. E. No payments until August 1, 2022. The Parties agree to take all steps necessary to ensure that any Opioid Settlement Funds ready for distribution directly to the State and Participating Local Governments under the National Settlement Agreements or Bankruptcy Resolutions are not actually distributed to the Parties until on or after August 1, 2022, in order to allow the Parties to pursue legislative change that would take effect before the Opioid Settlement Funds are received by the Parties. Such steps may include, but are not limited to, the Attorney General's Office delaying its filing of Consent Judgments in Minnesota state court memorializing the National Settlement Agreements. This provision will cease to apply upon the effective date of the Legislative Modification described above, if that date is prior to August 1, 2022. 1 It is the intent of the Parties that counties will continue to fund child protection services for children and families who are affected by addiction, in compliance with the Approved Uses in Exhibit A. al F. Effect of no statutory change by August 1, 2022. If the Legislative Modification described above does not take effect by August 1, 2022, the allocation between the Parties set forth in Section II.B shall be modified as follows: (i) 40% directly to the State Abatement Fund, and (ii) 60% to Local Abatement Funds. The Parties further agree to discuss potential amendment of this MOA if such legislation does not timely go into effect in accordance with this paragraph. G. Effect of later statutory change. If the Legislative Modification described above takes effect after August 1, 2022, the allocation between the Parties will be modified as follows: (i) 25% directly to the State Abatement Fund, and (ii) 75% to Local Abatement Funds. H. Effect of partial statutory change. If any legislative action otherwise modifies or diminishes the direct allocation of Opioid Settlement Funds to Participating Local Governments so that as a result the Participating Local Governments would receive less than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by counties per statutory appropriation through the Minnesota Opiate Epidemic Response Fund), then the allocation set forth in Section ILB will be modified to ensure Participating Local Governments receive 75% of the Opioid Settlement Funds. I. Participating Local Governments receiving�payments. The proportions set forth in Exhibit B provide for payments directly to: (i) all Minnesota counties; and (ii) all Minnesota cities that (a) have a population of more than 30,000, based on the United States Census Bureau's Vintage 2019 population totals, (b) have funded or otherwise managed an established health care or treatment infrastructure (e.g., health department or similar agency), or (c) have initiated litigation against the Settling Defendants as of December 3, 2021. Allocation of funds between Participating Local Governments. The Local Abatement Funds shall be allocated to Participating Local Governments in such proportions as set forth in Exhibit B, attached hereto and incorporated herein by reference, which is based upon the MDL Matter's Opioid Negotiation Class Model.2 The proportions shall not change based on population changes during the term of the MOA. However, to the extent required by the terms of the National Settlement Agreements, the proportions set forth in Exhibit B must be adjusted: (i) to provide no payment from the National Settlement Agreements to any listed county or municipality that does not participate in the National Settlement Agreements; and (ii) to provide a reduced payment from the National Settlement Agreements to any listed county or city that signs on to the National Settlement Agreements after the Initial Participation Date. K. Redistribution in certain situations. In the event a Participating Local Government merges, dissolves, or ceases to exist, the allocation percentage for that Participating Local 2 More specifically, the proportions in Exhibit B were created based on Exhibit G to the National Settlement Agreements, which in turn was based on the MDL Matter's allocation criteria. Cities under 30,000 in population that had shares under the Exhibit G default allocation were removed and their shares were proportionally reallocated amongst the remaining subdivisions. 5 Government shall be redistributed equitably based on the composition of the successor Local Government. In the event an allocation to a Local Government cannot be paid to the Local Government, such unpaid allocations will be allocated to Local Abatement Funds and be distributed in such proportions as set forth in Exhibit B. L. City may direct payments to county. Any city allocated a share may elect to have its full share or a portion of its full share of current or future annual distributions of settlement funds instead directed to the county or counties in which it is located, so long as that county or counties are Participating Local Governments[s]. Such an election must be made by January 1 each year to apply to the following fiscal year. If a city is located in more than one county, the city's funds will be directed based on the MDL Matter's Opioid Negotiation Class Model. III. Special Revenue Fund A. Creation of special revenue fund. Every Participating Local Government receiving Opioid Settlement Funds through direct distribution shall create a separate special revenue fund, as described below, that is designated for the receipt and expenditure of Opioid Settlement Funds. B. Procedures for special revenue fund. Funds in this special revenue fund shall not be commingled with any other money or funds of the Participating Local Government. The funds in the special revenue fund shall not be used for any loans or pledge of assets, unless the loan or pledge is for an Approved Use. Participating Local Governments may not assign to another entity their rights to receive payments of Opioid Settlement Funds or their responsibilities for funding decisions, except as provided in Section II.L. C. Process for drawingfrom om special revenue funds. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. 2. The budget or resolution must (i) indicate that it is an authorization for expenditures of opioid settlement funds; (ii) state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated period of time. D. Local government grantmaking_ Participating Local Governments may make contracts with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds. E. Interest earned on special revenue fund. The funds in the special revenue fund may be invested, consistent with the investment limitations for local governments, and may be Con placed in an interest -bearing bank account. Any interest earned on the special revenue funds must be used in a way that is consistent with this MOA. IV. Opioid Remediation Activities A. Limitation on use of funds. This MOA requires that Opioid Settlement Funds be utilized only for future opioid remediation activities, and Parties shall expend Opioid Settlement Funds only for Approved Uses and for expenditures incurred after the effective date of this MOA, unless execution of the National Settlement Agreements requires a later date. Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees arising from the enforcement of legal claims related to the opioid epidemic, except for the portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section VI. For the avoidance of doubt, counsel for Litigating Local Governments may recover litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and cost funds established in the National Settlement Agreements, as well as the Backstop Fund described in Section VI. B. Public health departments as Chief Strategists. For Participating Local Governments that have public health departments, the public health departments shall serve as the lead agency and Chief Strategist to identify, collaborate, and respond to local issues as Local Governments decide how to leverage and disburse Opioid Settlement Funds. In their role as Chief Strategist, public health departments will convene multi -sector meetings and lead efforts that build upon local efforts like Community Health Assessments and Community Health Improvement Plans, while fostering community focused and collaborative evidence -informed approaches that prevent and address addiction across the areas of public health, human services, and public safety. Chief Strategists should consult with municipalities located within their county in the development of any Community Health Assessment, and are encouraged to collaborate with law enforcement agencies in the county where appropriate. C. Administrative expenses. Reasonable administrative costs for the State or Local Government to administer its allocation of the Opioid Settlement Funds shall not exceed actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any administrative expense limitation imposed by the National Settlement Agreements or Bankruptcy Resolution, whichever is less. D. Regions. Two or more Participating Local Governments may at their discretion form a new group or utilize an existing group ("Region") to pool their respective shares of settlement funds and make joint spending decisions. Participating Local Governments may choose to create a Region or utilize an existing Region under a joint exercise of powers under Minn. Stat. § 471.59. E. Consultation and partnerships. 1. Each county receiving Opioid Settlement Funds must consult annually with the municipalities in the county regarding future use of the settlement funds in the 7 county, including by holding an annual meeting with all municipalities in the county in order to receive input as to proposed uses of the Opioid Settlement Funds and to encourage collaboration between Local Governments both within and beyond the county. These meetings shall be open to the public. 2. Participating Local Governments within the same County Area have a duty to regularly consult with each other to coordinate spending priorities. 3. Participating Local Governments can form partnerships at the local level whereby Participating Local Governments dedicate a portion of their Opioid Settlement Funds to support city- or community -based work with local stakeholders and partners within the Approved Uses. F. Collaboration. The State and Participating Local Governments must collaborate to promote effective use of Opioid Settlement Funds, including through the sharing of expertise, training, and technical assistance. They will also coordinate with trusted partners, including community stakeholders, to collect and share information about successful regional and other high -impact strategies and opioid treatment programs. V. Reporting and Compliance A. Construction of reporting and compliance provisions. Reporting and compliance requirements will be developed and mutually agreed upon by the Parties, utilizing the recommendations provided by the Advisory Panel to the Attorney General on Distribution and Allocation of Opioid Settlement Funds. B. Reporting Work rg_oup. The Parties will work together to establish a Reporting Workgroup that includes representatives of the Attorney General's Office, state stakeholders, and city and county representatives, who will meet on a regular basis to develop reporting and compliance recommendations. The Reporting Workgroup must produce a set of reporting and compliance measures by June 1, 2022. Such reporting and compliance measures will be effective once approved by representatives of the Attorney General's Office, the Governor's Office, the Association of Minnesota Counties, and the League of Minnesota Cities that are on the Workgroup. VI. Backstop Fund A. National Attorney Fee Fund. The National Settlement Agreements provide for the payment of all or a portion of the attorney fees and costs owed by Litigating Local Governments to private attorneys specifically retained to file suit in the opioid litigation ("National Attorney Fee Fund"). The Parties acknowledge that the National Settlement Agreements may provide for a portion of the attorney fees of Litigating Local Governments. B. Backstop Fund and Waiver of Contingency Fee. The Parties agree that the Participating Local Governments will create a supplemental attorney fees fund (the "Backstop Fund") to be used to compensate private attorneys ("Counsel") for Local Governments that filed opioid lawsuits on or before December 3, 2021 ("Litigating Local Governments"). By N. order dated August 6, 2021, Judge Polster capped all applicable contingent fee agreements at 15%. Judge Polster's 15% cap does not limit fees from the National Attorney Fee Fund or from any state backstop fund for attorney fees, but private attorneys for local governments must waive their contingent fee agreements to receive payment from the National Attorney Fee Fund. Judge Polster recognized that a state backstop fund can be designed to incentivize private attorneys to waive their right to enforce contingent fee agreements and instead apply to the National Attorney Fee Fund, with the goals of achieving greater subdivision participation and higher ultimate payouts to both states and local governments. Accordingly, in order to seek payment from the Backstop Fund, Counsel must agree to waive their contingency fee agreements relating to these National Settlement Agreements and first apply to the National Attorney Fee Fund. C. Backstop Fund Source. The Backstop Fund will be funded by seven percent (7%) of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), based upon the initial allocation of 25% directly to the State Abatement Fund and 75% directly to Local Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the initial allocation is modified pursuant to Section II.F. above, then the Backstop Fund will be funded by 8.75% of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), based upon the modified allocation of 40% directly to the State Abatement Fund and 60% directly to the Local Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the allocation is modified pursuant to Section II.G. or Section II.H. above, back to an allocation of 25% directly to the State Abatement Fund and 75% directly to Local Abatement Funds, then the Backstop Fund will be funded by 7% of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. D. Backstop Fund Payment Cap. Any attorney fees paid from the Backstop Fund, together with any compensation received from the National Settlement Agreements' Contingency Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local Governments' share of funds from the National Settlement Agreements. To avoid doubt, in no instance will Counsel receive more than 15% of the amount paid to their respective Litigating Local Government client(s) when taking into account what private attorneys receive from both the Backstop Fund and any fees received from the National Settlement Agreements' Contingency Fee Fund. E. Requirements to Seek Payment from Backstop Fund. A private attorney may seek payment from the Backstop Fund in the event that funds received by Counsel from the National Settlement Agreements' Contingency Fee Fund are insufficient to cover the amount that would be due to Counsel under any contingency fee agreement with a Litigating Local Government based on any recovery Litigating Local Governments receive from the National Settlement Agreements. Before seeking any payment from the Backstop Fund, 3 Order, In re: Nat'l Prescription Opiate Litig., Case No. 17-MD-02804, Doc. No. 3814 (N.D. Ohio August 6, 2021). 9 private attorneys must certify that they first sought fees from the National Settlement Agreements' Contingency Fee Fund, and must certify that they agreed to accept the maximum fees payments awarded to them. Nothing in this Section, or in the terms of this Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect to fees that may be recovered under a contingency fee agreement or otherwise from other past or future settlements, verdicts, or recoveries related to the opioid litigation. F. Special Master. A special master will administer the Backstop Fund, including overseeing any distribution, evaluating the requests of Counsel for payment, and determining the appropriate amount of any payment from the Backstop Fund. The special master will be selected jointly by the Minnesota Attorney General and the Hennepin County Attorney, and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug; or Hon. Jack Van de North. The special master will be compensated from the Backstop Fund. In the event that a successor special master is needed, the Minnesota Attorney General and the Hennepin County Attorney will jointly select the successor special master from the above -listed individuals. If none of the above -listed individuals is available to serve as the successor special master, then the Minnesota Attorney General and the Hennepin County Attorney will jointly select a successor special master from a list of individuals that is agreed upon between the Minnesota Attorney General, the Hennepin County Attorney, and Counsel. G. Special Master Determinations. The special master will determine the amount and timing of any payment to Counsel from the Backstop Fund. The special master shall make one determination regarding payment of attorney fees to Counsel, which will apply through the term of the recovery from the National Settlement Agreements. In making such determinations, the special master shall consider the amounts that have been or will be received by the private attorney's firm from the National Settlement Agreements' Contingency Fee Fund relating to Litigating Local Governments; the contingency fee contracts; the dollar amount of recovery for Counsel's respective clients who are Litigating Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal issues involved in the opioid litigation; work done to directly benefit the Local Governments within the State of Minnesota; and the principles set forth in the Minnesota Rules of Professional Conduct, including the reasonable and contingency fee principles of Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial fee application about the total amount of fees that Counsel have received or will receive from the National Attorney Fee Fund related to the Litigating Local Governments. H. Special Master Proceedings. Counsel seeking payment from the Backstop Fund may also provide written submissions to the special master, which may include declarations from counsel, summaries relating to the factors described above, and/or attestation regarding total payments awarded or anticipated from the National Settlement Agreements' Contingency Fee Fund. Private attorneys shall not be required to disclose work product, proprietary or confidential information, including but not limited to detailed billing or lodestar records. To the extent that counsel rely upon written submissions to support their application to the special master, the special master will incorporate said submission or summary into the record. Any proceedings before the special master and documents filed with the special master shall be public, and the special master's determinations regarding 10 any payment from the Backstop Funds shall be transparent, public, final, and not appealable. I. Distribution of Any Excess Funds. To the extent the special master determines that the Backstop Fund exceeds the amount necessary for payment to Counsel, the special master shall distribute any excess amount to Participating Local Governments according to the percentages set forth in Exhibit B. J. Term. The Backstop Fund will be administered for (a) the length of the National Litigation Settlement payments; or (b) until all Counsel for Litigating Local Governments have either (i) received payments equal to the Backstop Fund Payment Cap above or (ii) received the full amount determined by the special master; whichever occurs first. K. No State Funds Toward Attorney. For the avoidance of doubt, no portion of the State Abatement Fund will be used to fund the Backstop Fund or in any other way to fund any Litigating Local Government's attorney fees and expenses. Any funds that the State receives from the National Settlement Agreements as attorney fees and costs or in lieu of attorney fees and costs, including the Additional Restitution Amounts, will be treated as State Abatement Funds. VII. General Terms A. Scope of agreement. This MOA applies to all settlements under the National Settlement Agreements with Settling Defendants and the Bankruptcy Resolutions with Bankruptcy Defendants.4 The Parties agree to discuss the use, as the Parties may deem appropriate in the future, of the settlement terms set out herein (after any necessary amendments) for resolutions with Opioid Supply Chain Participants not covered by the National Settlement Agreements or a Bankruptcy Resolution. The Parties acknowledge that this MOA does not excuse any requirements placed upon them by the terms of the National Settlement Agreements or any Bankruptcy Resolution, except to the extent those terms allow for a State -Subdivision Agreement to do so. B. When MOA takes effect. 1. This MOA shall become effective at the time a sufficient number of Local Governments have joined the MOA to qualify this MOA as a State -Subdivision Agreement under the National Settlement Agreements or as a Statewide Abatement Agreement under any Bankruptcy Resolution. If this MOA does not thereby qualify as a State -Subdivision Agreement or Statewide Abatement Agreement, this MOA will have no effect. 2. The Parties may conditionally agree to sign on to the MOA through a letter of intent, resolution, or similar written statement, declaration, or pronouncement declaring 4 For the avoidance of doubt, this includes settlements reached with AmerisourceBergen, Cardinal Health, and McKesson, and Janssen, and Bankruptcy Resolutions involving Purdue Pharma L.P., and Mallinckrodt plc. 11 their intent to sign on to the MOA if the threshold for Party participation in a specific Settlement is achieved. C. Dispute resolution. 1. If any Party believes another Party has violated the terms of this MOA, the alleging Party may seek to enforce the terms of this MOA in Ramsey County District Court, provided the alleging Party first provides notice to the alleged offending Party of the alleged violation and a reasonable opportunity to cure the alleged violation. 2. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds has violated any applicable ethics codes or rules, a complaint shall be lodged with the appropriate forum for handling such matters. 3. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds violated any Minnesota criminal law, such conduct shall be reported to the appropriate criminal authorities. D. Amendments. The Parties agree to make such amendments as necessary to implement the intent of this MOA. E. Applicable law and venue. Unless otherwise required by the National Settlement Agreements or a Bankruptcy Resolution, this MOA, including any issues related to interpretation or enforcement, is governed by the laws of the State of Minnesota. Any action related to the provisions of this MOA must be adjudicated by the Ramsey County District Court. If any provision of this MOA is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision which can be given effect without the invalid provision. F. Relationship of this MOA to other agreements and resolutions. All Parties acknowledge and agree that the National Settlement Agreements will require a Participating Local Government to release all its claims against the Settling Defendants to receive direct allocation of Opioid Settlement Funds. All Parties further acknowledge and agree that based on the terms of the National Settlement Agreements, a Participating Local Government may receive funds through this MOA only after complying with all requirements set forth in the National Settlement Agreements to release its claims. This MOA is not a promise from any Party that any National Settlement Agreements or Bankruptcy Resolution will be finalized or executed. G. When MOA is no longer in effect. This MOA is effective until one year after the last date on which any Opioid Settlement Funds are being spent by the Parties pursuant to the National Settlement Agreements and any Bankruptcy Resolution. H. No waiver for failure to exercise. The failure of a Party to exercise any rights under this MOA will not be deemed to be a waiver of any right or any future rights. 12 I. No effect on authority of Parties. Nothing in this MOA should be construed to limit the power or authority of the State of Minnesota, the Attorney General, or the Local Governments, except as expressly set forth herein. I Signing and execution. This MOA may be executed in counterparts, each of which constitutes an original, and all of which constitute one and the same agreement. This MOA may be executed by facsimile or electronic copy in any image format. Each Party represents that all procedures necessary to authorize such Party's execution of this MOA have been performed and that the person signing for such Party has been authorized to execute the MOA in an official capacity that binds the Party. 13 This Minnesota Opioids State -Subdivision Memorandum of Agreement is signed this _day of by: Name and Title: On behalf of 14 EXHIBIT A List of Opioid Remediation Uses Settlement fund recipients shall choose from among abatement strategies, including but not limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not exclusive, and fund recipients shall have flexibility to modify their abatement approach as needed and as new uses are discovered. PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder ("OUD") and any co-occurring Substance Use Disorder or Mental Health ("SUD/MH") conditions through evidence -based or evidence - informed programs5 or strategies that may include, but are not limited to, those that:6 I . Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication for Opioid Use Disorder ("MOUD ,)7 approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence -based services that adhere to the American Society of Addiction Medicine ("ASAM") continuum of care for OUD and any co- occurring SUD/MH conditions. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MOUD, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs ("OTPs") to assure evidence - based or evidence -informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5 Use of the terms "evidence -based," "evidence -informed," or "best practices" shall not limit the ability of recipients to fund innovative services or those built on culturally specific needs. Rather, recipients are encouraged to support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions. 6 As used in this Exhibit, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. 7 Historically, pharmacological treatment for opioid use disorder was referred to as "Medication - Assisted Treatment" ("MAT"). It has recently been determined that the better term is "Medication for Opioid Use Disorder" ("MOUD"). This Exhibit will use "MOUD" going forward. Use of the term MOUD is not intended to and shall in no way limit abatement programs or strategies now or into the future as new strategies and terminology evolve. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for people with OUD and any co-occurring SUD/MH conditions, including but not limited to medical detox, referral to treatment, or connections to other services or supports. 8. Provide training on MOUD for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community -based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH or mental health conditions. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Offer scholarships and supports for certified addiction counselors, licensed alcohol and drug counselors, licensed clinical social workers, licensed mental health counselors, and other mental and behavioral health practitioners or workers, including peer recovery coaches, peer recovery supports, and treatment coordinators, involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, continuing education, licensing fees, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 ("DATA 2000") to prescribe MOUD for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service—Opioids web -based training curriculum and motivational interviewing. 14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication — Assisted Treatment. W B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1. Provide comprehensive wrap -around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community -based services. 3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high -quality programs to help those in recovery. 10. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including but not limited to new Americans, African Americans, and American Indians. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have —or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment ("SBIRT") programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on -call teams to begin MOUD in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MOUD, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 2 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school -based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non -profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: 1. Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative ("PAARP'); 2. Active outreach strategies such as the Drug Abuse Response Team ("DART") model; 5 3. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion ("LEAD") model; 5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence -informed treatment, including MOUD, and related services. 3. Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co-occurring SUD/MH conditions. 4. Provide evidence -informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions ("CTT'), particularly for individuals living with dual -diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice - involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS, AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID WITHDRAWAL SYNDROME. Address the needs of the perinatal population and caregivers with OUD and any co- occurring SUD/MH conditions, and the needs of their families, including babies with Con neonatal opioid withdrawal syndrome ("NOWS"), through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, those that: 1. Support evidence -based or evidence -informed treatment, including MOUD, recovery services and supports, and prevention services for the perinatal population —or individuals who could become pregnant —who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to caregivers and families affected by Neonatal Opioid Withdrawal Syndrome. 2. Expand comprehensive evidence -based treatment and recovery services, including MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Provide training for obstetricians or other healthcare personnel who work with the perinatal population and their families regarding treatment of OUD and any co- occurring SUD/MH conditions. 4. Expand comprehensive evidence -based treatment and recovery support for NOWS babies; expand services for better continuum of care with infant -caregiver dyad; and expand long-term treatment and services for medical monitoring of NOWS babies and their caregivers and families. 5. Provide training to health care providers who work with the perinatal population and caregivers on best practices for compliance with federal requirements that children born with NOWS get referred to appropriate services and receive a plan of safe care. 6. Provide child and family supports for caregivers with OUD and any co-occurring SUD/MH conditions, emphasizing the desire to keep families together. 7. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 8. Offer home -based wrap -around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training. 9. Provide support for Children's Services —Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. 7 PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs ("PDMPs"), including, but not limited to, improvements that: 1. Increase the number of prescribers using PDMPs; 2. Improve point -of -care decision -making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MOUD referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. Educating dispensers on appropriate opioid dispensing. N. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Funding media campaigns to prevent opioid misuse, including but not limited to focusing on risk factors and early interventions. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take -back disposal or destruction programs. 5. Funding community anti -drug coalitions that engage in drug prevention efforts. 6. Supporting community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction —including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration ("SAMHSA"). 7. Engaging non -profits and faith -based communities as systems to support prevention. 8. Funding evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 9. School -based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create or support community -based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health I workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 10 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1. Law enforcement expenditures related to the opioid epidemic. 2. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 3. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health -related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3. Invest in infrastructure or staffing at government or not -for -profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 11 4. Provide resources to staff government oversight and management of opioid abatement programs. 5. Support multidisciplinary collaborative approaches consisting of, but not limited to, public health, public safety, behavioral health, harm reduction, and others at the state, regional, local, nonprofit, and community level to maximize collective impact. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not -for -profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7). 12 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring ("ADAM ') system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MOUD and their association with treatment engagement and treatment outcomes. M. POST-MORTEM 1. Toxicology tests for the range of opioids, including synthetic opioids, seen in overdose deaths as well as newly evolving synthetic opioids infiltrating the drug supply. 2. Toxicology method development and method validation for the range of synthetic opioids observed now and in the future, including the cost of installation, maintenance, repairs and training of capital equipment. 3. Autopsies in cases of overdose deaths resulting from opioids and synthetic opioids. 4. Additional storage space/facilities for bodies directly related to opioid or synthetic opioid related deaths. 5. Comprehensive death investigations for individuals where a death is caused by or suspected to have been caused by an opioid or synthetic opioid overdose, whether intentional or accidental (overdose fatality reviews). 6. Indigent burial for unclaimed remains resulting from overdose deaths. 7. Navigation -to -care services for individuals with opioid use disorder who are encountered by the medical examiner's office as either family and/or social network members of decedents dying of opioid overdose. 8. Epidemiologic data management and reporting to public health and public safety stakeholders regarding opioid overdose fatalities. 13 EXHIBIT B Local Abatement Funds Allocation Subdivision Allocation Percentage AITKIN COUNTY 0.5760578506020% Andover city 0.1364919450741% ANOKA COUNTY 5.0386504680954% Apple Valley city 0.2990817344560% BECKER COUNTY 0.6619330684437% BELTRAMI COUNTY 0.7640787092763% BENTON COUNTY 0.6440948102319% BIG STONE COUNTY 0.1194868774775% Blaine city 0.4249516912759% Bloomington city 0.4900195550092% BLUE EARTH COUNTY 0.6635420704652% Brooklyn Center city 0.1413853902225% Brooklyn Park city 0.2804136234778% BROWN COUNTY 0.3325325415732% Burnsville city 0.5135361296508% CARLTON COUNTY 0.9839591749060% CARVER COUNTY 1.1452829659572% CASS COUNTY 0.8895681513437% CHIPPEWA COUNTY 0.2092611794436% CHISAGO COUNTY 0.9950193750117% CLAY COUNTY 0.9428475281726% CLEARWATER COUNTY 0.1858592042741% COOK COUNTY 0.1074594959729% Coon Rapids city 0.5772642444915% Cottage Grove city 0.2810994719143% COTTONWOOD COUNTY 0.1739065270025% CROW WING COUNTY 1.1394859174804% DAKOTA COUNTY 4.4207140602835% DODGE COUNTY 0.2213963257778% DOUGLAS COUNTY 0.6021779472345% Duluth city 1.1502115379896% Eagan city 0.3657951576014% Eden Prairie city 0.2552171572659% Edina city 0.1973054822135% FARIBAULT COUNTY 0.2169409335358% FILLMORE COUNTY 0.2329591105316% FREEBORN COUNTY 0.3507169823793% GOODHUE COUNTY 0.5616542387089% Subdivision Allocation Percentage GRANT COUNTY 0.0764556498477% HENNEPIN COUNTY 19.0624622261821% HOUSTON COUNTY 0.3099019273452% HUBBARD COUNTY 0.4582368775192% Inver Grove Heights city 0.2193400520297% ISANTI COUNTY 0.7712992707537% ITASCA COUNTY 1.1406408131328% JACKSON COUNTY 0.1408950443531% KANABEC COUNTY 0.3078966749987% KANDIYOHI COUNTY 0.1581167542252% KITTSON COUNTY 0.0812834506382% KOOCHICHING COUNTY 0.2612581865885% LAC QUI PARLE COUNTY 0.0985665133485% LAKE COUNTY 0.1827750320696% LAKE OF THE WOODS COUNTY 0.1123105027592% Lakeville city 0.2822249627090% LE SUEUR COUNTY 0.3225703347466% LINCOLN COUNTY 0.1091919983965% LYON COUNTY 0.2935118186364% MAHNOMEN COUNTY 0.1416417687922% Mankato city 0.3698584320930% Maple Grove city 0.1814019046900% Maplewood city 0.1875101678223% MARSHALL COUNTY 0.1296352091057% MARTIN COUNTY 0.2543064014046% MCLEOD COUNTY 0.1247104517575% MEEKER COUNTY 0.3744031515243% MILLE LACS COUNTY 0.9301506695846% Minneapolis city 4.8777618689374% Minnetonka city 0.1967231070869% Moorhead city 0.4337377037965% MORRISON COUNTY 0.7178981419196% MOWER COUNTY 0.5801769148506% MURRAY COUNTY 0.1348775389165 % NICOLLET COUNTY 0.1572381052896% NOBLES COUNTY 0.1562005111775% NORMAN COUNTY 0.1087596675165% North St. Paul city 0.0575844069340% OLMSTED COUNTY 1.9236715094724% OTTER TAIL COUNTY 0.8336175418789% PENNINGTON COUNTY 0.3082576394945% PINE COUNTY 0.5671222706703% Subdivision Allocation Percentage PIPESTONE COUNTY 0.1535154503112% Plymouth city 0.1762541472591% POLK COUNTY 0.8654291473909% POPE COUNTY 0.1870129873102% Proctor city 0.0214374127881% RAMSEY COUNTY 7.1081424150498% RED LAKE COUNTY 0.0532649128178% REDWOOD COUNTY 0.2809842366614% RENVILLE COUNTY 0.2706888807449% RICE COUNTY 0.2674764397830% Richfield city 0.2534018444052% Rochester city 0.7363082848763% ROCK COUNTY 0.2043437335735% ROSEAU COUNTY 0.2517872793025% Roseville city 0.1721905548771% Savage city 0.1883576635033% SCOTT COUNTY 1.3274301645797% Shakopee city 0.2879873611373% SHERBURNE COUNTY 1.2543449471994% SIBLEY COUNTY 0.2393480708456% ST LOUIS COUNTY 4.7407767169807% St. Cloud city 0.7330089009029% St. Louis Park city 0.1476314588229% St. Paul city 3.7475206797569% STEARNS COUNTY 2.4158085321227% STEELE COUNTY 0.3969975262520% STEVENS COUNTY 0.1439474275223% SWIFT COUNTY 0.1344167568499% TODD COUNTY 0.4180909816781% TRAVERSE COUNTY 0.0903964133868% WABASHA COUNTY 0.3103038996965% WADENA COUNTY 0.2644094336575% WASECA COUNTY 0.2857912156338% WASHINGTON COUNTY 3.0852862512586% WATONWAN COUNTY 0.1475626355615% WILKIN COUNTY 0.0937962507119% WINONA COUNTY 0.7755267356126% Woodbury city 0.4677270171716% WRIGHT COUNTY 1.6985269385427% YELLOW MEDICINE COUNTY 0.1742264836427% Attachment C National Opioid Settlements: Teva, Allergan, CVS, Walgreens, and Walmart Arden Hills city, MN Reference Number: CL-386946 TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS: THIS NOTICE CONTAINS IMPORTANT INFORMATION ABOUT NATIONAL OPIOID SETTLEMENTS. SETTLEMENT OVERVIEW Proposed nationwide settlement agreements ("Settlements") have been reached that would resolve opioid litigation brought by states, local political subdivisions, and special districts against two pharmaceutical manufacturers, Teva and Allergan ("Manufacturers"), and three pharmacies, CVS, Walgreens, and Walmart ("Pharmacies"). Local political subdivisions and special districts are referred to as "subdivisions." The Settlements require the settling Manufacturers and Pharmacies to pay billions of dollars to abate the opioid epidemic. The Settlements total over $20 billion. Of this amount, approximately $17 billion will be used by participating states and subdivisions to remediate and abate the impacts of the opioid crisis. Depending on participation by states and subdivisions, the Settlements require: • Teva to pay up to $3.34 billion over 13 years and to provide either $1.2 billion of its generic version of the drug Narcan over 10 years or an agreed upon cash equivalent over 13 years; • Allergan to pay up to $2.02 billion over 7 years; • CVS to pay up to $4.90 billion over 10 years; • Walgreens to pay up to $5.52 billion over 15 years; and • Walmart to pay up to $2.74 billion in 2023, and all payments to be made within 6 years. As provided under the Agreements, these figures are net of amounts attributable to prior settlements between the Defendants and certain states/subdivisions, and include amounts for attorneys' fees and costs. The Settlements also contain injunctive relief governing opioid marketing, sale, distribution, and/or dispensing practices. Each of the proposed settlements has two key participation steps. First, each eligible state decides whether to participate in each Settlement. A list of participating states for each settlement can be found at https://nationalopioidsettlement.com. Second, eligible subdivisions within each participating state decide whether to participate in each Settlement. The more subdivisions that participate, the more funds flow to that state and its subdivisions. Any subdivision that does not participate cannot directly share in any of the settlement funds, even if the subdivision's state is settling and other participating subdivisions are sharing in settlement funds. If the state does not participate in a particular Settlement, the subdivisions in that state are not eligible to participate in that Settlement. WHO IS RUBRIS INC. AND WHAT IS THE IMPLEMENTATION ADMINISTRATOR? The Settlements provide that an Implementation Administrator will provide notice and manage the collection of participation forms. Rubris Inc. is the Implementation Administrator for these new Settlements and was also retained for the 2021 national opioid settlements. WHY IS YOUR SUBDIVISION RECEIVING THIS NOTICE? Your state has elected to participate in one or more of the Settlements with the Manufacturers and/or the Pharmacies, and your subdivision may participate in those Settlements in which your state has elected to participate. This notice is also sent directly to counsel for such subdivisions if the Implementation Administrator has their information. If you are represented by an attorney with respect to opioid claims, please contact them. Subdivisions can participate in the Settlements whether or not they filed a lawsuit or are represented. WHERE CAN YOU FIND MORE INFORMATION? Detailed information about the Settlements, including each settlement agreement, may be found at: https://nationalopioidsettlement.com. This website also includes information about how the Settlements are being implemented in most states and how funds will be allocated within your state. You are encouraged to review the settlement agreement terms and discuss the terms and benefits with your counsel, your Attorney General's Office, and other contacts within your state. Information and documents regarding the Settlements and your state allocation can be found on the settlement website at https://nationalopioidsettlement.com. Your subdivision will need to decide whether to participate in the proposed Settlements, and subdivisions are encouraged to work through this process before the April 18, 2023 deadline. HOW DO YOU PARTICIPATE IN THE SETTLEMENTS? The Settlements require that you take affirmative steps to "opt in" to the Settlements In the next few weeks, you will receive documentation and instructions from the Implementation Administrator or, in some cases, your Attorney General's Office. In order to participate in a settlement, a subdivision must sign and return the required Participation Form for that settlement. Please add the following email addresses to your "safe" list so emails do not go to spam /junk folders: dse na3&docusign.net and opioidsparticipation&rubris.com. Please monitor your email for the Participation Forms and instructions. All required documentation must be signed and returned on or before April 18, 2023 PUBLIC HEARING — 9A ,-ARZEN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault., City Administrator FROM: Gayle Bauman, Finance Director Katlyn Adair, Accounting Clerk SUBJECT: Public Hearing Regarding Quarterly Special Assessments for Delinquent Utilities Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Holding a Public Hearing regarding delinquent utilities. Background Water customers whose accounts are 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collected with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. Page 1 of 1 PUBLIC HEARING — 9B ,`iRZEN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-004 — Public Hearing Required Applicant: Alatus LLC Request: Conservation District Zoning Code Amendment Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Hold the required public hearing for Planning Case 23-004, an application for amendments to the language in Chapter 13 — Zoning Code of the Arden Hills City Code to allow for the conditional use of solar energy systems within the Conservation District in City Code Chapter 13. The City Council will be asked to make a formal decision regarding the application under Agenda Item 1013. Zoning District Background In 2013, the City adopted two zoning code amendments to establish the Parks and Open Space Zoning District and Conservation Zoning District within the city code. Prior to this, there were no zoning districts designated for "parks or open space areas" that corresponded to two of the City's future land use designations in the 2030 (and now 2040) Comprehensive Plan. The Comprehensive Plan uses are noted below. • Park and Open Space defined as "areas designated as public parks" o 529 acres of land consisting of City owned public parks, Ramsey County parks, and other open spaces for trails or stormwater easement ponds owned by the City, Ramsey County, the State of Minnesota, and private property owners/homeowners associations. • Park Preserve defined as "areas designated as natural or scenic areas that are to be preserved for public use or open space" o 1,449 acres all located on the Arden Hills Army Training Site Page 1 of 5 By creating the Parks and Open Space Zoning District and Conservation Zoning District, the City was working towards compliance with Minnesota State law, which mandates that local zoning codes are consistent with adopted comprehensive plans. Specific to this application, the Conservation District is guided by the Park Preserve future land use classification in the Comprehensive Plan. The CD District only applies to the Arden Hills Army Training Site (AHATS). In 2014, the City rezoned 2/3's of the AHATS property to the Conservation District and then in 2016 the remaining acreage was rezoned. The City did not rezone the entire AHATS property originally in 2014 because Ramsey County was working with the Federal Government to purchase some of the area to be incorporated into their park system. The purpose of the Conservation District is "To provide a "holding" zoneforfederally owned lands on the Arden Hills Army Training Site to ensure that future development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas generally determined to be unsuitable for development due to the presence of wetlands, floodplains, steep slopes, certain drainage and soil conditions, and critical wildlife habitat." The chart below lists current permitted and conditional uses in the Conservation District: Accessory Conditional Use Conditional Use(Accessory) • Utility Distribution • Utility Transmission • Telecommunication Lines Lines antennas, dishes, or • Research and towers Development Facility -.RLN HILLS Zoning Map Q Page 2 of 5 AHATS Background The AHATS property is owned by the Federal Government and used primarily by the Minnesota National Guard as the Arden Hills Army Training Site. Within the site, there is approximately 62 +/- acres that is commonly referred to as the "Primer Tracer Area". This portion of the property was previously used as a manufacturing facility for the production of component primers and tracing compounds associated with small caliber ammunition production. Back in 2015, Ramsey County in partnership with Xcel Energy had considered purchasing the Primer Tracer area from the Federal Government. The preliminary concept was for 20+ acres to be developed for an Emergency Management Center and 40+ acres would be a solar array supporting energy initiatives of the Rice Creek Commons site. Due to logistical and economic factors, Xcel Energy informed all parties that they would no longer be considering the Primer Tracer site as a future solar project location. At the time, the City did have draft language to allow for a solar array on the Primer Tracer site, but did not move the language forward for approval as the project with Xcel did not move forward. Beyond that, the City has not studied or completed an analysis of potential future uses for this site. Today, the Federal Government has once again expressed an intent to sell the Primer Tracer Property "as is" through GSA Auctions. A Future Buyer would be responsible for handling all of the processes associated with the future development of the site (i.e. land use approval, demolition and cleanup, permitting, etc.). General Services Administration (GSA) is a Federal Agency that manages real estate, acquisition, technology, and other mission -support services across the government. GSA Auctions facilitates the disposal of property owned by the Federal Government. Last summer, GSA Auctions made the City aware that an auction would be upcoming. Since that time, the auction has been postponed several times for unknown reasons. Currently, the GSA website says the auction will open on May 22, 2023. Unrelated to this land use application, the City Council was presented a concept plan in January from a potential bidder that was conducting their due diligence prior to the auction. This review was for a high-level concept discussion to present an overview of future industrial development scenarios and gauge the City's perspective of potential future vision(s) for this site. The City Council provided general feedback on the site layout options presented. Representatives for the concept review were encouraged to research the feasibility of incorporating solar facilities on the roofs of the industrial buildings and/or a standalone solar array. Zoning Code Text Amendments The purpose of the Conservation District is to provide a holding zone for federally owned lands on the AHATS property to ensure that future development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas generally determined to be unsuitable for development. According to the Applicant, a solar energy facility would be consistent with the purpose of the Conservation District in that it will generate and provide electricity to existing and future development in the area. Currently the city code is absent of land use language permitting ground mounted solar array systems in any of the zoning districts. To allow this land use, the City's Zoning Code would need to be amended to add a definition for a Solar Energy System and to designate this type of land use as a conditional use in the Conservation Page 3 of 5 District. The Applicant is seeking only the Zoning Code Amendments to create language providing for the allowance of said land use for this application. If approved, an Applicant of any future proposed solar array within the Conservation District would be required to submit a land use application for review by the Planning Commission and City Council. Staff has prepared text amendments based on the Applicant's narrative as well as a few other text amendment considerations for "Solar Energy System" language within Sections 1305.04 Definitions, 1320.04 Purpose of Districts, 1320.05 Land Use Chart and 1320.15 Special Requirements for the CD. Applicant's Narrative: 1) Add a definition for Solar Energy System - Section 1305.04 Definitions a. Solar EnerSystem: A system or set of devices whose primary purpose is to collect, convert, store and distribute solar energy, including for heating and cooling of buildings, electricity generation, water heating and other energy -using processes. 2) The Land Use Chart within Section 1320.05 would be amended to include solar energy system: a. Add a land use category for Solar Energy System as a Conditional Use (CUP) under the CD. Additional Code Amendments to consider: 3) Revise the purpose statement for the Conservation District in Section 1320.04, Subd. 17 a. Add a new paragraph B stating that the District provides for areas for the development of solar energy systems. 4) Amend Section 1320.15 Special Requirements for the CD a. Create a new Subdivision 3 that outlines special CUP requirements for Solar Energy Systems. This provision should address future review standards for solar energy. Proposed language: A Solar Enerav Svstem shall be evaluated as Dart of the Conditional Use Permit review for development consistent with the District Requirements as outlined in Section 1320.03 and the City Council through the CUP may allow flexibility to design standards including but not limited to setbacks, lot coverage, height, access, size. screening. and fencing based upon site suitabilitv and abutting DroDerties and area. Planning Commission Review The Planning Commission reviewed this application at the March 8, 2023 meeting. The Commission voted 5-0 to recommend approval of Planning Case 23-004 as presented. Public Notice and Comments A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on March 30, 2023. The City has received one written comment in support of this request Page 4 of 5 following that notice. Two residents commented in favor of this application during the Planning Commission meeting. Attachments A) Land Use Application B) Written Narrative C) Zoning Map D) Draft Amendment Definitions E) Draft Amendment Purpose of Districts F) Draft Amendment Land Use Chart G) Draft Amendment Special Requirements CD District H) Planning Commission Memo I) Draft Planning Commission Minutes J) Presentation Page 5 of 5 Attachment A ,- ,- Il�)EN�HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org Planning Case No. 23- Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2023 LAND USE APPLICATION Applicant Information Applicant: Alatus LLC Address: 80 South Eighth Street, Suite 4155, Minneapolis, MN 55402 Telephone No.: (612) 455-0708 Fax No.: Email Address: rclux@alatusllc.com Property Information Property Owner: Owner Address: Owner Telephone No. Address of Property Involved: Legal Description: Property ID No.: Other: Other: Type of Use: Zone: Property Acreage: Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) ❑ Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Develo ment Plan Amendment (Fee: $400 + Escrow: $1,500� ❑ Site Plan Review (Fee: $450 + Escrow: $1,500) ❑ Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500) x❑ Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee: $350 + Escrow: $1,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) ❑ Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests — Not Already Specified (Fee: $150 + Escrow: $1,000 Page 1 of 3 Brief Description of Request (please also include a typed, detailed letter explaining the project): Applicant requests a text amendment to the Zoning Code to allow for conditional use of solar energy systems within the Conservation District. Please see the explanatory letter attached. *IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Filing & Information Requirements The City requests that you make a pre -application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.citvofardenhills.org/landuseapplications. Complete/Incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. Pavment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meetina Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Page 2 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2023 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 p.m. TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (1" day of the preceding month) January 4 January 23 December 1 2022 February 8 February 27 January 2 March 8 March 27 February 1 April 5 April 24 March 1 May 3 May 22 April June 7 June 26 May 1 July 5 July 24 June 1 August 9 August 28 July 3 September 6 September 25 August 1 October 4 October 23 September 1 November 8 November 27 October 2 December 6 January 8 (2024) November 1 Acknowledgement and Signature I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Property Owner Signature (Required) Applica`rrfSigM—ature (If different than the property owner) Date QA/I6,1.2( 3 Date Please contact the Community Development Director at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: www.citvofardenhills.orp/landuseapplications Page 3 of 3 Attachment B Supplement to 2023 Land Use Application by Alatus LLC February 16, 2023 City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Re: Proposed Zoning Code text amendment to allow use of solar energy systems Dear Staff: Please accept this letter as a supplement to our Land Use Application for a text amendment. This request is for a text amendment to Chapter 13 of the Arden Hills Code of Ordinances ("Code") to allow for the installation and operation of solar energy systems as a conditional use within the Conservation District. The purpose of the Conservation District is to provide a "holding zone" for federally owned lands on the Arden Hills Army Training Site to ensure that future development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas generally determined to be unsuitable for development. A portion of these federally owned lands, the Primer Tracer site, is currently up for auction and is being considered by prospective purchasers for future development. We are contemplating the Primer Tracer site as a potential location for a solar energy facility. Such a facility would be consistent with the purpose of the Conservation District in that it will generate and provide electricity to existing and future development in the area. As the federal land becomes privately owned and further developed, the City's need to provide the public with utilities would be greatly benefited by clean energy generation from a solar energy facility. For these reasons, we desire to amend the Code to permit this use with the appropriate City approval. Specifically, we request the following text amendment: 1. Code Section 1305.04 is amended to add the following definition: Solar enersystem. A system or set of devices whose primary purpose is to collect, convert, store and distribute solar energy, including for heating and cooling of buildings, electricity generation, water heating and other energy -using processes. 2. Code Section 1320.05 is amended to add a new provision to the Land Use Chart so as to add Solar Energy System as a conditional use in the Conservation District (CD). Thank you for your time and consideration of this request. Please let me know if you have any questions regarding this application or the above proposed language. Sincerely, Alatus LLC 257010920 nfish Attachment D 1305.04 Definitions. (revised 07/27/20) • Acre. A quantity of land containing forty-three thousand, five hundred and sixty (43,560) square feet or one hundred sixty (160) square rods in whatever shape and pattern (e.g. circular, square, triangular, irregular, broad or narrow). • Acre, net (as applied to PUD density calculations). One (1) acre of land, minus the two thirds (2/3) of that portion of the acre encompassed by wetlands, one-half (1/2) of that portion of the acre encompassing wholly or partially hills, mounds, or slopes that drop at a rate of twelve percent (12%) or more per every fifteen (15) feet or more of distance; and the entire area of public streets. • Administrative officer. The zoning administrator, building inspector, their deputies or assistants, and any other officials of the city charged with or engaged in the administration of this Code or any portion thereof. • Administrator. The zoning administrator. • Agricultural uses. Uses customarily associated with the growing of farm produce and the raising of farm animals for general use; but not including raising and feeding (feed lots) of livestock, fur farms and kennels. • Alteration. As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or by moving from one location to another. • Alley. A minor public or private way which is used primarily for vehicular service access to the back or side of a lot abutting on a street. • Animals, domestic. Common household pets, such as dogs and cats, other animals kept for amusement, companionship, decoration, or interest. • Animals, farm. Animals traditionally kept or raised on a farm for the purpose of providing food or products for sale or use, such as cattle, horses, goats, sheep, swine, fowl, bees, and animals raised for fur. • Animals, wild. Animals such as wolves, tigers and poisonous snakes that are not normally a domestic animal or farm animal and would ordinarily be confined in a zoo or found in the wild. • Antenna. Equipment, used for transmitting and/or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure. • Antenna, dish. A parabolic -shaped antenna (including all supporting apparatus) which is used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure. • Class I: Dish Antenna under thirty (30) inches or more in diameter; six (6) feet in surface area; or six (6) feet in height. Class II: Dish Antenna thirty (30) inches or more in diameter; six (6) square feet or more in surface area; or six (6) feet or more in height. • Apartment. A room or suite of rooms located in a one- or two-family building or multiple dwelling, which shall include a bath and kitchen accommodation, intended or designed for use as an independent residence by a single household. • Appeal. An application for the review of an order, requirement, decision, determination or interpretation of this Code made by an administrative officer in the application and/or enforcement of this Code. • Basement. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. (revised 05/05/10) • Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): (added 02/22/10) Part or all of the feature is located in a shoreland area; The slope rises at least 25 feet above the ordinary high water level of the water body; • The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and The slope must drain toward the waterbody. Bluff impact zone. A bluff and land located within 20 feet from the top of a bluff. (added 02/22/10) Board. The board of appeals and adjustment established by this Code. Boarding house. A structure where sleeping rooms are provided, with a common entrance, internal access to all rooms, one (1) or more bathrooms, and one (1) or more kitchens to provide lodging for at least three (3) but not exceeding five (5) persons. A boarding house is distinguished from a transient accommodation such as a hotel or motel as defined in this chapter. (added 7/14/10) • Boulevard. That portion of a street lying between the lateral line of the roadway portion thereof (i.e., the back of the curb or curb line) and the right-of-way line thereof which may contain within its boundaries a sidewalk or portion of driveway. • Brewpub. A restaurant that also has a facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year on the premises. (added 10/29/12) • Building. A structure which is designed and suitable for the habitation or shelter of human beings or animals, or a shelter or storage of property, or is used for trade or manufacturing. Building line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. (revised 02/22/10) • Building, accessory structure or use. A subordinate building structure or use which is located on the same lot on which the principal building or use is situated and which is reasonable necessary, appropriate and incidental to the conduct of the primary use of such principal building or principal use. Building envelope. (See Lot, Buildable portion of.) • Building height. The vertical distance from the average elevation of the grade along a face of a building to the highest point of the roof surface of flat roofs, the deck line of mansard roofs, or the average height between the eaves and the highest ridge of gable, hip, or gambrel roofs. The height of a stepped or terraced building shall be the height of the tallest segment of the building. Building inspector. The inspector as provided for in the building code. • Building, principal. A building in which the principal use, of the lot on which it is located, is conducted. Bulk. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following items: Size and height of buildings or structures. Location of exterior walls at all levels in relation to lot lines, street or to other buildings or structures. • Gross floor area of buildings or structures in relation to lot lines, street or to other buildings or structures. • All open spaces allocated to buildings or structures. • Amount of lot area per dwelling unit. • Bulk materials. Uncontained solid matter such as powder, grain, stone, sand, sulfur, etc., that has a tendency to become airborne. • Business. Any occupation, employment or enterprise wherein merchandise is exhibited and sold, or which occupies time, attention, labor and materials, or whereby services are offered for compensation. • Business services. Services performed primarily for other businesses, including such services as secretarial, clerical, employment agencies, business machine service, printing, etc. • Caliper inches. The diameter of a tree measured at 4.5 feet above the ground. (added 4/28/08) Call Center. An office for providing incoming and outgoing telephone and computer services, customer service, technical service, or telemarketing activities through electronic communications. (added 7/27/20) • Cemetery/Memorial garden. Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, funeral chapels and necessary sales and maintenance facilities. (added 7/14/10) Clear vision area. The clear vision area shall be an area within a triangle that is measured along the edge of the driving surface of the road at the intersection of two roads (public or private) and extending thirty (30) feet in each direction from the intersection with a line connecting the two end points. (revised 3/18/09) Clear -cutting. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. (revised 02/22/10) • Clinic. A building for out -patient medical treatment of humans or small animals. Clubs and lodges. Buildings and facilities owned and operated by a corporation or association of persons for social, recreational, charitable, educational or cultural purposes, but not operated primarily for profit or for purposes which are customarily associated with a business. • Clubs, sports and fitness. A place of assembly where membership maybe required and is directed toward the general public with the commercial promotion of sports and physical fitness. Commission. The Planning Commission, as established by the Code of Ordinances, City of Arden Hills, Chapter 2. Commercial recreation, indoor. A commercial recreational use conducted within an enclosed building, including arcade, arena, art gallery, assembly hall, athletic and health clubs, auditorium, bowling alley, club or lounge, community center, pool or billiard hall, or a variety of organized or franchised sports, including but not limited to basketball, ice hockey, wrestling, soccer, tennis and volleyball. This definition does not include public uses on public property. (added 7/14/10) Comprehensive plan. A compilation of policy statements, goals, standard and maps for guiding the physical, social and economic development, both private and public, of the city and its environs and may include, but is not limited to, the following items: Statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan and recommendations for plan execution. • Conditional use. A use which, because of unique characteristics, cannot be classified as a permitted use in a district, and which, after due consideration by the Planning Commission and Council, pursuant to the applicable procedures contained in this Code and the Arden Hills City Code of Ordinances, may nevertheless be permitted with restrictions on a site by conditional use permit granted by the Council. Conditional use permit (C.U.P.). A permit required for certain land uses classified as Conditional Accessory Uses or Conditional Principal Uses. • Consumer small loan establishment. Any establishment that offers consumer small loans, commonly referred to as "payday loans," as defined in Minnesota State Statute 47.60 as amended from time to time. (added 12/3/08) Council. The City Council, as established by the Code of Ordinances. • Crematorium. A facility containing properly installed, certified apparatus intended for use in the act of cremation. (added 7/14/10) Critical root zone. The minimum area around a tree that should remain undisturbed. To calculate the critical root zone, measure the tree's caliper inches. For each caliper inch of tree, 1.5 feet of root radius must be protected. For example, if a tree's is 10 caliper inches, then its critical root radius is 15 feet (10 x 1.5 = 15). The critical root zone is 30 feet. (added 4/28/08) Day care facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, protection, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the person's own home, including but not limited to day care centers, day nurseries, daytime activity centers, day treatment programs, and day services. (revised 7/14/10) Day care, family. Day care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all children of any caregiver when the children are present in the residence. (added 7/14/10) • Day care, group family. Day care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence. (added 7/14/10) Density. The number of dwelling units permitted by this Code on one (1) acre. Density net. The number of dwelling units permitted by the Code on one (1) net acre of land. • Density transfer. The relocation of housing units or square footage of building area computed on part of a building site to another part of the site resulting in an increase in density to the transfer area for the purpose of preserving open space, forested areas, environmental or terrain features deemed worthy of preservation by the Planning Commission. • Density zoning. Density zoning shall be interpreted as the provision of lot areas smaller than the minimum requirement of this Code under conditions whereby the total number of dwelling units is not greater than the amount permitted under normal conditions. • Dog kennel, Commercial. A structure specifically designed and commercially used for the harboring of three (3) or more dogs that are more than three (3) months old. • Dog kennel, Residential. A structure specifically designed and residentially used for harboring of up to three (3) dogs that are more than three (3) months old. • Dog run. A structure specifically designed for domestic use for the harboring and exercise of not more than two (2) dogs. • Drive -up Window. A window or other opening at a business establishment that allows customers to purchase and/or receive a service or product without having to enter the building. (added 12/03/08) • Dwelling. A building or portion thereof, designed or used exclusively for residential occupancy, including single-family, two-family and multiple family uses, but not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor homes or travel trailers. • Dwelling, live -work unit. A dwelling unit in combination with a shop, office, studio, or other work space within the same unit, where the resident occupant both lives and works. A live -work unit is not synonymous with a home occupation because it is designed as a mixed -use facility, whereas the home occupation is secondary and accessory to the residential use. (added 7/14/10) • Dwelling, multiple family. A dwelling containing three (3) or more attached dwelling units. Dwelling, single-family. A dwelling that consists of one (1) dwelling unit. Dwelling, two-family. A dwelling that consists of two (2) dwelling units. • Dwelling unit. A residential building or portion thereof intended for occupancy by one (1) family with facilities for living, sleeping, cooking and eating but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes or travel trailers. • Dwelling unit, single-family attached. A dwelling unit which is located on its own individual lot but joined along a single lot line to one (1) or more other dwelling units with a party wall and having a separate point of entry. • Dwelling unit, single family detached. A dwelling which is not joined to any other dwelling unit, and is located on a separate lot with the structure surrounded by open space and having a separate point of entry. • Easement. A right or privilege in favor of a person or a government authority to use a parcel of land or portion thereof for specific purpose. • Enclosed Parking. A structure used for the storage of a vehicle which must be covered and completely enclosed by walls or doors on four sides. (added 10/4/12) Equal Degree of Encroachment. A method of determining the location of floodway boundaries so the flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. • Exterior storage. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. • Family. An individual or two (2) or more persons, each related to the other by blood, marriage, adoption or foster care, or a group of not more than four (4) persons, some or all of whom are not related by blood, marriage or adoption, living together and maintaining a common household. (These regulations shall not be applied so as to prevent the City from making reasonable accommodation as required by the Federal Fair Housing Amendments Act of 1988). • Financial institution. An establishment that provides financial and banking services to consumers or clients. Typical uses include banks, savings and loan associations, credit unions, investment companies, and automated teller machines (ATMs). Financial institution shall not include a consumer small loan operation. (added 7/14/10) • Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Flood frequency. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City. • Flood plain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or may be covered by the regional flood. Flood -proofing. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. • Floodway. A wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. • Floor area. Means the sum of the horizontal area of all floors of a building measured from the exterior faces of the exterior walls, or from the centerline of walls separating two buildings, Excluding: decks, garages, covered porches conforming with Section 1325.03 Subd 2.D; attics, crawl spaces and basements that do not meet the minimum ceiling height per Minnesota State Building Code requirements. • Floor area ratio (F.A.R.). The ratio obtained by dividing the sum of a building's floor area by the amount of lot area. Frontage. The uninterrupted front boundary line of a lot, or the length of such line, which abuts on a street. Garage, private. An accessory building or portion of the principle building which is intended and used for the storage of the private passenger vehicles of the family or families who reside upon the lot upon which the garage is located. • Garage, repair. A building or space for the repair or maintenance of motor vehicles, including body work, painting and vehicle wash, and incidental display and sales of automotive products but not including factory assembly of such vehicles, auto wrecking, or junkyards. • Garage, truck. A building that is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one -ton rated capacity. Grading and Excavating. The act of excavation or filling or combination thereof to alter the contour of land for development purposes. (added 7/14/10) Higher education, campus. The facilities for technical colleges, junior colleges, colleges and universities approved by the Minnesota Higher Education Coordinating Board for the Minnesota Department of Education. These facilities can include, but are not limited to, classrooms; laboratories; seminaries; dining and residence halls; athletic, wellness, and spiritual facilities; administrative offices; performance art centers; parking and transit structures; and child care facilities. (added 9/25/2017) • Home occupation. The accessory or conditional accessory use of a residential structure for any gainful occupation or profession. • Hospital. An institution licensed by the state department of health, providing primary health services and medical or surgical care, to sick or injured persons, primarily inpatients. May include related facilities such as laboratories, outpatient facilities, or training facilities. (added 7/14/10) • Hotel/motel. Any building, or group of buildings, having five (5) or more guest rooms intended or designed to be rented or hired out to be occupied, or which are occupied for sleeping purposes by transient guests. (revised 7/14/10) • House of worship. A place of worship or religious assembly and its accessory facilities used by the congregation such as the following: rectory, meeting hall, offices for administration of the institution, licensed child or adult daycare, playground, or cemetery. A house of worship does not include buildings or uses used exclusively for residential, schools, recreational, commercial, or other uses not normally associated with worship. (revised 7/14/10) • Household. The person or persons occupying a single dwelling unit. A household may consist of a single family, one (1) person living alone, two (2) or more families living together or any group of related or un-related persons who share living arrangements. • Industry. Uses such as the manufacturing, compounding, processing, packaging, treatment, assembling or warehousing of products and materials. Junkyard. An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A junkyard includes a vehicle wrecking yard but does not include uses established entirely within enclosed buildings. Landscape lot area. That portion of a lot required to remain as open space, free of buildings, parking and drives. Landscape lot areas may consist of: • Naturally vegetated areas, • Wetlands or ponding areas, Planting beds, ground cover and mulch areas (vegetative, rock, bark chip, etc.), Decorative walkways and areas not to exceed fifteen percent (15%) of the required landscape lot area, and • Outdoor recreation areas. Landscaping. Plantings such as trees, grass, shrubs. Loading area. Any area where trucks are maneuvered and parked, for the purposes of loading or unloading products, materials or equipment. • Lot. A parcel of land described by metes and bounds measurement, reference to a registered land survey, plat, record of survey map, or other means, and separated from other parcels or portions by said description, and which is occupied by, or is suitable under this Code and other applicable ordinances for occupancy by one (1) principal building, or used together with any accessory buildings or uses and such open spaces as are required by this Code. Lot area. The total site area within the lot lines. Lot area, net buildable. The space remaining on a lot after the minimum landscape area, open space and setback requirements of this Code have been met. • Lot area per family. The lot area per family is the lot area required by this Code to be provided for each family in a dwelling. • Lot, buildable portion of. (Building Envelope) The area of a lot on which a principal structure may be placed. The portion of a lot remaining after the minimum building setbacks have been met. (Lot area, net buildable, is more limiting as other deductions are included). • Lot, corner. A lot situated at and abutting on the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty-five (135) degrees. A lot abutting upon a curve street shall be deemed a corner lot if the tangents to the curve at its point of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at the interior angle of less than one hundred thirty- five (135) degrees. A corner lot shall maintain front yard requirements for each street frontage. • Lot coverage. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures. Lot depth. The mean horizontal distance between the mean front road and the mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage is its width. • Lot line. A property boundary line of any lot held in single or separate ownership or separately described; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line. Lot line, front. The boundary of a lot abutting a street. On a corner lot, the shortest street lot line shall be the front lot line. Lot line, rear. The lot line most nearly parallel to and most remote from the front lot line. • Lot line, side. Lot lines other than front or rear lot lines. On a corner lot, the longest street lot line shall be a side lot line. Lot, interior. A lot other than a corner or reversed corner lot. Lot, reversed corner. A corner lot, the rear of which abuts upon the side of another lot whether across an alley or not. Lot of record. A lot existing as of April 10th, 1993, date of this Code or approved by the city as a lot subsequent to such date, and includes non -conforming lots. Lot, shoreline. A lot having one (1) or more lot lines fronting on public waters. Lot, through. A lot that has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a through lot, the determination of whether the street frontage is to be considered a front yard or rear yard shall be as subject to the provisions of this Code. Lot width. The mean horizontal distance between the side lot lines at the minimum front setback line. • Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. (added 05/05/10) • Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this Code and Minnesota State Statutes as amended from time to time. The term "manufactured home" does not include the term "recreational vehicle." (revised 05/O5/10) Manufacturing and processing. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials. Generally, these are industries dependent upon raw materials refined elsewhere. These uses include, but are not limited to: fabrication of wood, metal, and plastic products; assembly of electronic components, equipment, and appliances; processing of chemicals, plastics, food products, and nonalcoholic beverages; manufacturing of clothing and textile products; distribution centers, lumber yards, printing and binding shops, machine shops, sheet metal shops, sign shops, contractor's shops and storage yards. • Class I: Above uses without exterior storage. • Class II: Above uses with permitted exterior storage. • Metes and bounds. A method of property description utilizing directions and distances commencing from and terminating at an easily identifiable point. • Microbrewery. A facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year. A microbrewery may have space dedicated as a taproom to distribute on -sale and off -sale alcohol in compliance with MN state statute 340A.301, subd. 6b. (added 10/29/12) • Microdistillery. A facility that manufactures and distributes premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. (added 10/29/12) Mineral extraction. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, and other nonmetallic minerals not regulated under Minn. Stat. Chapts. 93.44 - 93.51; or Successor Statutes. Mineral extraction does not include grading and excavating as defined in this Chapter. (added 7/14/10) Mobile home. A manufactured home designed, constructed, and equipped for use as a single-family dwelling, which has a width of less than twenty (20) feet over more than twenty-five (25) percent of its length; or which is not placed on a permanent foundation complying with the requirements of the state building code or which is not continuous and solid for the entire perimeter of the structure. Mobile home park. Any premises on which are parked two (2) or more occupied mobile homes, excluding premises on which mobile homes are sold for removal to another site. • Mortuary, funeral home. An establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals, but not including a crematorium. (added 7/14/10) • Motorized vehicle leasing and rentals. A business that leases or rents motorized vehicles to the general public. Includes minor services and washing as an accessory use. Not more than eight (8) rental or lease vehicles on site at one time. Motorized vehicle service. A business that provides repair or maintenance services for motorized vehicles including engine repair, replacement or parts and engine service, but does not include body work, painting, factory assembly of vehicles or vehicle wrecking yards. Multiple occupancy building. A building containing two or more independent businesses with or without separate exterior entrances and for which signage, parking and site requirements are unified in a consistent visual and functional manner. Native vegetation. "Native Vegetation" - Plant species indigenous to Minnesota, or that expand their range into Minnesota without being intentionally or unintentionally introduced by human activity, and are classified as native in the Minnesota Plant Database (Minnesota DNR, 2002 or as amended). Native Vegetation does not include Weeds. (revised 02/22/10) Nonconforming building. A building lawfully existing as of the effective date of the adoption of this Code, or amendment hereto, which under the provisions of this Code could not be built because of restrictions on height, setbacks, yards, lot coverage, floor area ratio, or other characteristics of the building or its location on the lot where it exists. • Nonconforming use. A building, structure or use of a building, structure or parcel of land, or a portion thereof, lawfully existing as of the effective date of the adoption of this Code or amendment hereto, as a matter of right or by permit, which is not permitted in the zoning district in which it is located. • Nursery. Any land used to raise trees, shrubs, flowers, and other live plants for sale and commerce. • Nursing Home and Assisted Living Facility. A facility that provides daily assistance and long-term residence for disabled or elderly individuals. This includes a combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living, such as dressing, grooming, bathing, etc. (added 7/14/10) Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. • Office(s). A room, suite of rooms, or a building containing rooms or suites of rooms in which persons conduct commercial activities, provide professional services, or carry on occupations and where goods are not stored, produced, sold at retail or repaired, including but not limited to the following: executive and administrative offices, business offices such as insurance, real estate, sales and similar offices, professional offices such as offices of engineers, surveyors, architects, accountants, attorneys and bookkeepers and similar offices, but excluding medical clinics. (revised 7/14/10) • Office showroom/warehouse. An office facility in which more than 50 percent of the total floor area is utilized for the display and sale of goods or merchandise on the premises, and/or for the storage and distribution of goods or merchandise from the premises. (added 7/14/10) Off-street parking areas. Structures or areas of ground used for the storage or parking of motor vehicles. Open sales lot. Any land used or occupied for the purpose of buying and selling any goods, materials, or merchandise, and for the storing of same under the open sky prior to sale. • Open space. (See landscape lot area.) • Ordinary high water level. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape and as determined by the Minnesota Department of Natural Resources. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. (revised 02/22/10) • Outdoor display and sales. The display of goods for sale or rent outside an enclosed building. (added 3/28/16) • Park facilities. The use of any lots or parcel of land and any structure or building thereon for public active and passive recreation purposes by the Arden Hills Parks and Recreation Department or the Ramsey County Parks and Recreation Department. (added 11/25/13) • Parking space. A land area of such shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Truck loading and unloading space shall not be included in such area. • Pathway, pedestrian way. A public or private way, running across or located within a platted lot or block or an unplatted parcel of land, used primarily for pedestrian traffic. • Pawn shop. The location at which or premises in which a pawnbroker regularly conducts business. (added 7/14/10) Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. • (b) The following are exempt from the definition of "pawnbroker": any bank regulated by the state of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System, or any other federal or state authority and their affiliates; any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings associations; any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce. (revised 7/14/10) • Person. Any individuals, firm, partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee or other similar representative thereof. • Personal services. Services customarily rendered for compensation. Such services shall only involve minor storage and related sales of products and supplies related to the service offered and for customers ordinarily utilizing the service offered. Typical personal services include but are not limited to: apparel tailoring and cleaning; hair styling, trimming and cutting; beauty services; photographic services; and other services of a similar nature. Planned unit development (P.U.D.). The development of a tract of land in a unified manner, pursuant to a development plan specifically approved by the city. • Planning commission. The planning agency of Arden Hills as prescribed in Minnesota Statutes Chapter 462.354. It is advisory to the City Council on all matters related to the Comprehensive Plan and all official controls that implement the Comprehensive Plan, and all other matters referred to it by the City Council. Protected waters. Any waters of the State as defined by State law. However, no lake, pond or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes of these regulations. • Public use. The use of any lot, parcel of land and any structure or building thereon exclusively for public purposes by any department or branch of government, federal, state, county or city, excluding independent school districts, without reference to the ownership of said lot, parcel of land, building or structure. • Public waters. Means a body of water capable of substantial beneficial public use. This shall be construed to mean, for the purposes of these regulations, any body of water, which has the potential to support any type of recreational pursuit or water supply purpose. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the commissioner of natural resources, shall be exempt. • Railroad right-of-way. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, station, train sheds, warehouses, car shops, car yards, locomotive shops or water towers. • Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. • Recreation, commercial. Recreational facilities which are operated for profit or render a service which is customarily considered as a business. Recreation, residential. Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, when used on residential property, but not including electronic towers, tree houses, swimming pools, playhouses exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of equipment. Recreational vehicles (RVs). Vehicles for recreational or utilitarian uses that can be driven, towed, or hauled. Including, but not limited to, motor homes and travel trailers, snowmobiles, pull campers, all terrain vehicles (ATVs), tent trailers, or other similar vehicles. (revised 02/07/08) Recreational vehicles (for the purposes of Section 1335 only). A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of Section 1335, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. (added 05/05/10) • Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Height. The distance as measured from the ground to the highest point of the recreational vehicle, utility trailer, or watercraft, including any covering, as stored. This does not including antennas and utility/mechanical systems provided they are accessory and take up no more than ten (10) percent of the roof surface area. RVs and watercraft on a trailer shall be measured as one. (revised 02/07/08) Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Length. The distance as measured from end to end of the recreational vehicle, utility trailer, or watercraft, including any hitch, motor, and covering, as stored. RVs and watercraft on a trailer shall be measured as one. (revised 02/07/08) Regional flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood", 1 percent annual chance flood, or 100-year elevation. • Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. (added 05/05/10) • Research animals. Animals kept in a laboratory setting for the purpose of testing and research related health care products. • Research and development facility. Establishments which conduct research, development, or controlled production of high technology electronic, industrial, or scientific products or commodities for sale; or establishments conducting educational or medical research or testing. May include limited accommodations for researchers or research subjects. Research with animals is considered a separate category. (added 7/14/10) • Residence hall, dormitory. A building designed for or used as group living quarters for students of a high school, college, university or seminary, organized and owned, or leased in its entirety, by a high school, college, university or seminary. (added 7/14/10) • Residential facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons with a twenty-four (24) hours per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home, including but not limited to, state institutions under the control of the commissioner of public welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children. • Restaurant. A business establishment whose principal business is the preparation, service and sale of food and beverages to be consumed by customers while seated at tables or counters located within the building on the premises. • Restaurant, fast food. Any restaurant which meets a number of the following requirements: Customarily provides quick service to its customers; Offers to its customers a limited, standardized menu of inexpensive food and/or beverages; • Serves its customers from a counter located within the building on the premises and does not customarily offer service at the table by waiter or waitress; • Allows customers to consume their orders of food and/or beverages at tables or counters within the building, in their automobiles parked on the premises, or away from the premises as the customers choose; • Packages and services a substantial proportion of its food and/or beverages in disposable wrappers, containers, cartons, boxes and bags; • Provides a number of trash, litter, or garbage cans in the parking areas and within the building on the premises for the deposit of the disposable packaging in which the food and/or beverages are provided; • Prepares and cooks a substantial proportion of its food in volume, in advance of orders by customers, and usually in anticipation of predicted volumes of customers at certain times of the day; • Specifies the items of food and/or beverage offered to customers on signs, placards, posters, valances, or boards posted in conspicuous places throughout the building rather than on printed menus given to the customers; Generates a high volume and rapid flow of in -and -out traffic because of its quick service mode of operation. Retail sales and service. An establishment engaged principally in the sale or rental of primarily new goods and the provision of services directly to the consumer, excluding those uses defined more specifically in this Code. Motor vehicle sales, motor vehicle leasing and rentals, exterior equipment rental and sales lots, repair garages, pawn shops, thrift stores, and open sales lots are not included in this definition of retail sales and service. (revised 2/29/16) Roadway. The entirety of a private street and that portion of a public street extending from the back of the curb (i.e., the curbline) on one side to the back of the curb (i.e., the curbline) on the other side, used primarily for vehicular traffic. • Schools, bus terminal. School bus terminal shall be a building or space engaged primarily in the transportation and activities associated with the transportation of students. • Schools, general education. Nursery, primary, elementary and secondary schools. Schools, specialized education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other professional schools, with or without on -site housing. (revised 01/20/11) • Service station. A place where gasoline, kerosene, diesel or other motor fuel or lubricating oil or grease for operating motor vehicles are offered for sale to the public and deliveries are made directly into motor vehicles. Includes greasing and oiling, one -bay motor vehicle wash and the sale of automobile accessories on the premises. Also includes minor repairs, incidental body and fender work, minor painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding one and one-half (1.5) tons capacity. It shall not include major general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job. • Setback. The minimum horizontal distance between a structure and the ordinary high water level or between a structure and a road, well, highway, or property lines. • Setback, minimum building. The minimum horizontal distance allowed by this Code, between a structure and a lot line. • Shore impact zone. The land located between the ordinary high water level and a line parallel to it at a setback of 50 percent of the structure setback. (revised 02/22/10) Shoreland. The land located within the following distances from protected waters: One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; and • Three hundred (300) feet from a river or stream, or the landward extent of a flood plain on such rivers or streams, whichever is greater. • The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the City. • Sidewalk. A hard surfaced public or private way, used primarily for pedestrian traffic. • Sign. A name, identification, description, display, logo, illustration or device which is affixed to, painted or represented directly or indirectly upon a building or other surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. • Significant tree. A tree that is important to the site and the neighborhood character, that is structurally sound and healthy, and that meets at least one of the following standards: (revised 04/28/08) • A deciduous hardwood tree that is at least ten (10) caliper inches, including but not limited to, ironwood, catalpa, oak, hard maple, walnut, hickory, birch, black cherry, hackberry, locust and basswood. • A deciduous softwood tree that is at least twelve (12) caliper inches, including but not limited to, cottonwood, poplars/aspen, box elder, willow, silver maple and elm. • A coniferous evergreen tree having foliage on the outermost portion of the branches year-round and which is at least fifteen (1S) feet or more in height. • A group of deciduous trees that are at least eight (8) caliper inches or coniferous trees that are at least fifteen (1S) feet in height, that provide a buffer or screening along an adjacent public street or between differing land uses. • Soil processing. The processing of sand, gravel or other materials mined from the land. • Solar Energy System. A system or set of devices whose primary purpose is to collect• convert, store and distribute solar energy, including for heating and cooling of buildings, electricity generation, water heating and other energy -using processes. • Staging Area. Any exterior area that is used to load, unload, stack, pile, store or assemble materials, equipment or vehicles to be used either on site or off site. • Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if no such floor above, the space between such floor and the ceiling next above it. • Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use. A half -story containing independent apartment or living quarters shall be counted as a full story. • Streets. A public or private way, consisting in the case of a private way of a roadway and in the case of a public way of a roadway and a boulevard (the latter of which may contain a sidewalk), used primarily for vehicular traffic, whether designated as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or however otherwise designated. The term "streets" includes the following classifications: Collector street. A street which carries traffic from local streets to streets and highways of higher classifications. It provides for both land access service and local traffic movements within residential neighborhoods, commercial areas and industrial areas. • Cul-de-sac. A street with a circular turn -a -round and only one outlet. • Local street. A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood. • Minor arterial. A street system that interconnects with and augment the urban major arterial system and provide service to trips of moderate length at somewhat lower level of travel mobility than major arterials. This system distributes travel to geographical areas smaller than those identified with the higher system. Major arterial. Usually a divided highway with four (4) or more lanes and serves the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desire. The major arterial carries a high proportion of the total urban area travel on a minimum mileage. Almost all fully and partially controlled access facilities are a part of this class. Expressway. A type of major arterial with a controlled access roadway and expressway ramps to provide ingress or egress to other levels of streets. The use of expressway ramps allows the uniform flow of traffic on a major arterial highway without undue delays. Structural alterations. Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls. Structure. Anything constructed, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, signs, recreational vehicles not meeting the exemption criteria otherwise specified in the zoning code, and other similar items. • Structure, accessory. A detached, subordinate structure, the use of which is incidental and related to that of the principal use of or principal structure on the lot on which it is located. Structure, multiple -occupancy. (See Multiple occupancy building). • Structure, principal. The predominant structure upon a lot in which the principal use of the lot is conducted. • Structure, temporary or portable. A structure which is not intended for permanent occupancy but which may be suitable in certain situations for specific periods of occupancy pending either construction of permanent facilities or a change in conditions that will eliminate the need for the temporary structure. Portable classrooms, portable offices, and air -supported structures are examples of temporary or portable structures. • Studios. A building or space within a building where professional artists, musicians, photographers, dancers, designers, etc. practice their profession or teach; display and sales of products used or produced in the profession is considered an accessory use. • Substantial damage. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (added 05/05/10) • Substantial improvement. (added 05/05/10) Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: • Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. • Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this Ordinance, "historic structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1. • Thrift Store. A business for which the stock of goods is primarily used and may include the following operational characteristics: Receipt of used items directly from the public at the business location. Processing, conditioning, cleaning, or repair of used or returned items for resale. Storage of used items on site for processing, resale, or disposal. Receipt of goods through purchase, consignment, or donation. (added 2/29/16) • Tower. Any pole, spire or structure, or any combination thereof, to which an antenna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces; including but not limited to a free-standing radio (including ham radio and private radio transmitting) or television receiving antenna, a windmill, and a wind -power generator. Townhouse. A single-family dwelling, which maintains private ingress and egress, contains no independent dwellings above or below it, and is attached to other similar dwellings by a common wall. • Use. The purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained. Use, accessory. A use which is incidental to the principal use of the lot on which it is maintained or conducted. • Use, principal. The primary or predominant use for which the lot and structure, if any located thereon, is conducted or maintained. • Use, principal multiple -operation. A business or industrial operation which consists of two or more distinguishable uses, all of which are dependent upon each other, but none of which is predominately or clearly the principal use and all of which are generally compatible with the permitted allowable uses in the district. • Use, conditional accessory. A use which is both an accessory use and a conditional use and which, after due consideration by the Commission and Council, pursuant to the applicable procedures contained herein, may be allowed as an accessory use by Conditional Use Permit granted by the Council. • Use, conditional principal. A principle use which, because of unique characteristics, cannot be classified as a permitted principle use in any particular district, and which, after due consideration by the commission and council, pursuant to the applicable procedures contained herein, may nevertheless be allowed on a site in a particular zoning district by Conditional Use Permit be granted by the council. Includes temporary uses which require conditional approval before being allowed. • Utility distribution lines. The distribution facilities of electric power, gas, water and communication companies which directly serve abutting properties. • Utility substation. A structure used for the relay or distribution of electric, water, sewer, telephone, etc., services. • Utility transmission lines. The transmission facilities of electric power and communication companies which do not directly serve abutting properties. • Utility trailer. Equipment used for recreational or utilitarian purposes that can be towed; such as special purpose trailers (i.e. boat trailers, ATV trailers) or other hauling trailers. (revised 02/07/08) • Utility vehicle. A vehicle, with or without a motor, and/or adapted for temporary living, sleeping, business or storage purposes; having a frame, but no foundation other than wheels, blocks, studs, jacks, horses or skirting, which does not reach or meet building code requirements and has been or may be equipped with wheels or other devices for transporting purposes. This term shall include travel trailers, camping trailers, tent trailers, recreation vehicles, farm tractors, riding yard and garden tractors and trailers. A permanent foundation shall not change the character of the vehicle. • Variance. A modification or variation of a specific permitted development standard required as a provision of this Code, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance, except that modification in the allowable uses within a district shall not be allowed as a variance. (revised 05/05/10) • Vehicle wash. A building, or portion thereof, which principal use is the washing of vehicles. • Vehicle wrecking yard. Any open space where three (3) or more used motorized vehicles are stored which do not possess current state auto licenses. • Warehousing. The storage and distribution of materials or equipment within an enclosed building, but not including personal storage facility. (revised 7/14/10) • Watercraft. Motorized water -oriented vehicles including, but not limited to, power boats, cruisers, jet skies, fishing/hunting boats, pontoon boats, and any non -motorized craft with greater than a two person capacity. This definition excludes non -motorized one and two person crafts such as canoes, kayaks, and paddle boats. (revised 02/07/08) • Waterfront uses. Boat docks and storage, water recreation equipment and other uses normally associated with to lakeshore property. • Wetlands. Transitional low-lying areas between terrestrial and aquatic systems, either created or natural, covered with shallow and sometimes temporary or intermittent waters as defined in the United States Fish and Wildlife Service Circulator No. 39. This includes, but is not limited to swamps, marshes, bogs, sloughs, wet meadows, and shallow lakes and ponds with emergent vegetation. (revised 02/22/10) Wetland alteration. Alteration of a wetland includes changes to the wetland and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling; damming; alteration of the watercourse; ditching; tiling; grading; draining; discharge of water; appropriation of water; changes in vegetation; or otherwise altering or destroying a wetland or wetland buffer or their functions. Alterations would not include Native Vegetation plantings or selective clearing or pruning of prohibited or restricted noxious weeds, unless within a Drainage and Utility Easement in which case submission of and written approval by the City is required. (added 02/22/10) • Wetland buffer strip. An area of vegetated ground cover around the perimeter of a wetland that, either in its natural condition or through intervention, has the characteristics of buffering the wetland from surrounding landscaping. (added 02/22/10) Wetland delineation. An assessment tool utilized to determine the boundary of a wetland using the US Army Corps of Engineers Wetland Delineation Manual (January 1987) as well as any additional boundary determination requirements established in Minnesota Rules Chapter 8420. A "Wetland Delineation Report" is a document that summarizes the observations, results and conclusions performed during the assessment when wetlands are present. (added 02/22/10) Yard, front. A yard extending along the full length of the front lot line between the side lot lines. Yard, minimum required. The minimum open space extending between a minimum building setback line and the adjoining lot line in which a principle building may not be placed and in which accessory buildings may only be placed as regulated in this Code. • Yard, rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building. Yard, side. A yard between the building and the adjacent sideline of the lot and extending from the front yard to the rear yard. • Yard area, required rear. The minimum required rear yard depth multiplied by the average width of the total rear yard. • Zoning map. The map or maps incorporated into this Code as a part hereof, delineating the zoning districts. Attachment E 1320.04 Purpose of Districts. (revised 9/25/17) Subd. 17 CD Conservation District (added 11/25/13) A. To provide a "holding" zone for federally owned lands on the Arden Hills Army Training Site to ensure that future development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas generally determined to be unsuitable for development due to the presence of wetlands, floodplains, steep slopes, certain drainage and soil conditions, and critical wildlife habitat. B. To provide for areas for the development of solar energy systems. 1320.05 Land Use Chart. (revised 03/02/23) Attachment F Uses: Zoning Districts: 1 1 2 2 3 3 4 4 NB 1 1 B 2 B 3 B 4 CC GB 1-1 1-2 I -FLEX CD POS INST Antenna, Dish or Tower CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA Boarding house C C C C =_ __ == == == C == == __ __ == == Brewpub =_ __ __ __ __ _= C C C == == __ __ __ Business service =_ __ __ __ _= A P P P C P P P P Clinic, medical office =_ __ __ _= P P P P P C P P P P Club or lodge (non-profit) __ __ __ __ _= P P P == C == __ __ __ Club , sports & fitness =_ __ __ __ _= A P P P C P P == P Commercial recreation - indoor =_ __ __ __ __ == P P P =_ == P =_ == Daycare Facility, over 10 =_ __ __ _= P P P P P == P P P P Day care, family - 10 or less A A A A A == A __ __ __ Day care, group family - 14 or less CA CA CA CA CA == CA Dog kennel __ __ __ __ == _= C C Dog run A A A Drive -up windows =_ __ __ __ C C C == A "Dry cleaning & laundry, pick-up station" =_ _= C == A A =_ _= A "Dry cleaning & laundry, self-service laundry„ -- -- -- -- C __ -- C C -- -- -- -- -- -- -- -- -- Dwelling: density zoning D D D D __ __ __ __ __ __ __ __ __ __ Dwelling: multiple family =_ _= C C C == C =_ _= C C =_ __ __ Dwelling: single-family attached C C D D __ __ __ __ __ __ __ __ __ __ Dwelling: single-family detached P P P P __ __ __ __ __ __ __ __ __ __ Dwelling: two-family C C P P C __ __ __ __ __ __ __ __ __ Dwelling: live -work unit =_ __ __ _= C Financial institution & service =_ __ __ __ P P P P P C P P P P Garage, truck __ __ __ __ __ __ __ __ __ __ __ C C Higher Education, Campus __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _= C Home occupation : Class I A A A A A =_ __ __ _= A Home occupation : Class 11 CA CA CA CA CA =_ __ __ _= C Hospital __ __ __ __ __ __ __ __ __ __ Hotel/motel =_ __ __ __ __ _= C P C C C =_ _= C House of worship C C C C C C C C C C =_ __ _= C Manufactured home park =_ _= C __ __ __ __ __ __ __ __ __ __ __ Manufacturing & processing : Class I =_ _= A A A == P P P P Manufacturing & processing : Class I I __ __ __ __ __ __ P Micro brewery =_ __ __ __ __ _= C C C == C =_ _= C Micro distillery =_ __ __ __ __ _= C C C == C =_ _= C Mortuary, funeral home =_ __ __ __ __ _= P P == C =_ __ __ __ Multiple occupancy building =_ __ __ _= C C C C C C C C C C Nursery C C C C =_ __ __ __ __ __ __ __ __ __ Nursing home and assisted living C C C C =_ _= D =_ _= C =_ __ __ __ Office =_ __ __ _= P P P P P P P P P P Pawnshop __ __ __ __ __ __ __ __ __ __ __ __ __ __ _= P =_ Personal services =_ __ __ _= C A P P P C P =_ _= A Public use C C C C C C C C C C C C C C Research and development facility =_ __ __ _= C P C C C == P P P P C C =_ Research animals =_ __ __ __ __ _= C =_ __ __ _= C C Residence Hall, dormitory =_ __ _= C == C D Residential facility, state licensed, serving 1- 6 P P P P P == P Residential facility, state licensed, serving 7- 16 C C C C C == C Restaurant and restaurant -fast food =_ __ __ _= C A P P P C P C C Retail sales & service =_ __ __ _= P A P P P C A A A A School, general education C C C C =_ == == == == C School, specialized education =_ __ __ __ _= C C C C C Service station =_ __ __ __ __ _= C C =_ _= C C C Solar Energy System __ __ __ __ __ __ __ __ __ __ __ __ __ __ C Storage, exterior __ __ __ __ __ __ __ __ __ __ __ __ CA Studio =_ __ __ _= C C P P P C Theater, indoor =_ __ __ _= A C P == C Thrift Store __ __ __ __ __ __ __ __ C =_ -_ __ _= C Utility distribution line P P P P P P P P P == P P P P A P =_ Utility substation __ __ __ __ __ __ __ __ __ __ __ C C Utility transmission C C C C C C C C C == C C C C C C =_ Vehicle - motorized, leasing and rentals =_ _= C C Vehicle - motorized, service =_ __ __ __ __ _= C C Warehousing =_ __ __ __ _= A A A A == C P P C " P' = Permitted, "D" = Planned Unit, "__ " = Not Permitted, "C" = Conditional Use Permit, "A" = Accessory, "CA"= Conditional Accessory Use Permit, " I' = Interim Use Permit" Attachment G 1320.15 Special Requirements for the Conservation District. (added 11/25/13) Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04, Subd. 3, Conditional Use Permits, shall be followed for all development that requires a Conditional Use Permit. Subd. 2 Permitted Uses. Permitted uses are allowed as specified on the Land Use Chart, Section 1320.05. The following uses are also permitted: A. Any facility, building, or structure controlled by either the Minnesota National Guard or Army Reserve located on the Arden Hills Army Training Site. B. Any use or activity carried out by either the Minnesota National Guard or the Army Reserve on the Arden Hills Army Training Site. Subd. 3 Special Regulations for Conditional Uses in the CD District. Conditional Uses are allowed as specified in the Land Use Chart, Section 1320.05, for the CD District. However. this Code specifies additional requirements for a solar energy system. A. A Solar Energy System shall be evaluated as part of the Conditional Use Permit review for development consistent with the District Requirements as outlined in Section 1320.03 and the City Council through the CUP may allow flexibility to design standards including but not limited to setbacks, lot coverage, height, access, size, screening, and fencing based upon site suitability and abutting properties and area. Attachment H PC Agenda Item — 6B ,`iRZEN HILLS MEMORANDUM DATE: March 8, 2023 TO: Planning Commission Chair and Commissioners FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-004 — Public Hearing Required Applicant: Alatus LLC Request: Conservation District Zoning Code Amendment Requested Action Alatus LLC, "The Applicant," is proposing an amendment to the language of Chapter 13 — Zoning Code of the Arden Hills City Code to allow for the conditional use of solar energy systems within the Conservation District in City Code Section 1320.05 — Land Use Chart. Zoning District Backiround In 2013, the City adopted two zoning code amendments to establish the Parks and Open Space Zoning District and Conservation Zoning District within the city code. Prior to this, there were no zoning districts designated for "parks or open space areas" that corresponded to two of the City's future land use designations in the 2030 (and now 2040) Comprehensive Plan. The Comprehensive Plan uses are noted below. • Park and Open Space defined as "areas designated as public parks" o 529 acres of land consisting of City owned public parks, Ramsey County parks, and other open spaces for trails or stormwater easement ponds owned by the City, Ramsey County, the State of Minnesota, and private property owners/homeowners associations. • Park Preserve defined as "areas designated as natural or scenic areas that are to be preserved for public use or open space" o 1,449 acres all located on the Arden Hills Army Training Site By creating the Parks and Open Space Zoning District and Conservation Zoning District, the City was working towards compliance with Minnesota State law, which mandates that local zoning codes are consistent with adopted comprehensive plans. Page 1 of 6 Specific to this application, the Conservation District is guided by the Park Preserve future land use classification in the Comprehensive Plan. The CD District only applies to the Arden Hills Army Training Site (AHATS). In 2014, the City rezoned 2/3's of the AHATS property to the Conservation District and then in 2016 the remaining acreage was rezoned. The City did not rezone the entire AHATS property originally in 2014 because Ramsey County was working with the Federal Government to purchase some of the area to be incorporated into their park system. The purpose of the Conservation District is "To provide a "holding" zoneforfederally owned lands on the Arden Hills Army Training Site to ensure that future development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas generally determined to be unsuitable for development due to the presence of wetlands, floodplains, steep slopes, certain drainage and soil conditions, and critical wildlife habitat." The chart below lists current permitted and conditional uses in the Conservation District: Accessory Conditional Use Conditional Use (Accessory) • Utility Distribution • Utility Transmission • Telecommunication Lines Lines antennas, dishes, or • Research and towers Development Facility -ARnEN HILLS Zoning Map �,AGa°.FinaG�� o7.ae. is rm.. Page 2 of 6 AHATS Background The AHATS property is owned by the Federal Government and used primarily by the Minnesota National Guard as the Arden Hills Army Training Site. Within the site, there is approximately 62 +/- acres that is commonly referred to as the "Primer Tracer Area". This portion of the property was previously used as a manufacturing facility for the production of component primers and tracing compounds associated with small caliber ammunition production. Back in 2015, Ramsey County in partnership with Xcel Energy had considered purchasing the Primer Tracer area from the Federal Government. The preliminary concept was for 20+ acres to be developed for an Emergency Management Center and 40+ acres would be a solar array supporting energy initiatives of the Rice Creek Commons site. Due to logistical and economic factors, Xcel Energy informed all parties that they would no longer be considering the Primer Tracer site as a future solar project location. At the time, the City did have draft language to allow for a solar array on the Primer Tracer site, but did not move the language forward for approval as the project with Xcel did not move forward. Beyond that, the City has not studied or completed an analysis of potential future uses for this site. Today, the Federal Government has once again expressed an intent to sell the Primer Tracer Property "as is" through GSA Auctions. A Future Buyer would be responsible for handling all of the processes associated with the future development of the site (i.e. land use approval, demolition and cleanup, permitting, etc.). General Services Administration (GSA) is a Federal Agency that manages real estate, acquisition, technology, and other mission -support services across the government. GSA Auctions facilitates the disposal of property owned by the Federal Government. Last summer, GSA Auctions made the City aware that an auction would be upcoming. Since that time, the auction has been postponed several times for unknown reasons. Currently, the GSA website says the auction will open on April 24, 2023. Unrelated to this land use application, the City Council was presented a concept plan in January from a potential bidder that was conducting their due diligence prior to the auction. This review was for a high-level concept discussion to present an overview of future industrial development scenarios and gauge the City's perspective of potential future vision(s) for this site. The City Council provided general feedback on the site layout options presented. Representatives for the concept review were encouraged to research the feasibility of incorporating solar facilities on the roofs of the industrial buildings and/or a standalone solar array. Zoning Code Text Amendments The purpose of the Conservation District is to provide a holding zone for federally owned lands on the AHATS property to ensure that future development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas generally determined to be unsuitable for development. According to the Applicant, a solar energy facility would be consistent with the purpose of the Conservation District in that it will generate and provide electricity to existing and future development in the area. Currently the city code is absent of land use language permitting ground mounted solar array systems in any of the zoning districts. To allow this land use, the City's Zoning Code would need to be amended to add a definition for a Solar Energy System and to designate this type of land use as a conditional use in the Conservation Page 3 of 6 District. The Applicant is seeking only the Zoning Code Amendments to create language providing for the allowance of said land use for this application. If approved, an Applicant of any future proposed solar array within the Conservation District would be required to submit a land use application for review by the Planning Commission and City Council. Staff has prepared text amendments based on the Applicant's narrative as well as a few other text amendment considerations for "Solar Energy System" language within Sections 1305.04 Definitions, 1320.04 Purpose of Districts, 1320.05 Land Use Chart and 1320.15 Special Requirements for the CD. Applicant's Narrative: 1) Add a definition for Solar Energy System - Section 1305.04 Definitions a. Solar EnerSystem: A system or set of devices whose primary purpose is to collect, convert, store and distribute solar energy, including for heating and cooling of buildings, electricity generation, water heating and other energy -using processes. 2) The Land Use Chart within Section 1320.05 would be amended to include solar energy system: a. Add a land use category for Solar Energy System as a Conditional Use (CUP) under the CD. Additional Code Amendments to consider: 3) Revise the purpose statement for the Conservation District in Section 1320.04, Subd. 17 a. Add a new paragraph B stating that the District provides for areas for the development of solar energy systems. 4) Amend Section 1320.15 Special Requirements for the CD a. Create a new Subdivision 3 that outlines special CUP requirements for Solar Energy Systems. This provision should address future review standards for solar energy. Proposed language: A Solar Enerav Svstem shall be evaluated as Dart of the Conditional Use Permit review for development consistent with the District Requirements as outlined in Section 1320.03 and the City Council through the CUP may allow flexibility to design standards including but not limited to setbacks, lot coverage, height, access, size. screening. and fencing based upon site suitabilitv and abutting DroDerties and area. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: Page 4 of 6 1. Alatus, LLC, The Applicant, is proposing amendments to the language of Chapter 13 — Zoning Code of the City Code. 2. Currently, Section 1305.04 does not include a definition for Solar Energy System. 3. The Applicant is proposing the City amend the zoning code to add a definition for Solar Energy System to Section 1305.04 of the Zoning Code. 4. Under the City's Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Conservation District. 5. The Applicant is proposing an amendment to alter the Land Use Chart in Section 1320.05 of the Zoning Code to allow a Solar Energy System as a Conditional Use in the Conservation District. 6. The City is proposing to add Solar Energy System design standards to Section 1320.15 — Special Requirements for the Conservation District. 7. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 8. If the zoning amendments were approved, an Applicant would be required to submit a Conditional Use Permit land use application for the permitting of a Solar Energy System within the Conservation District. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. Recommend Approval: Motion to recommend approval of Planning Case 23-004 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as a Conditional Use in the Conservation District, based on the findings of fact and the submitted materials. Recommend Approval with Amendments: Motion to recommend approval of Planning Case 23-004 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as a Conditional Use in the Conservation District with amendments: a specific reason should be included with all amendments. Recommend Denial: Motion to recommend denial Planning Case 23-004 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as a Conditional Use in the Conservation District, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. Table: Motion to table Planning Case 23-004 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as a Conditional Use in the Conservation District: a specific reason and information request should be included with a motion to table. Page 5 of 6 Notice A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on February 24, 2023. The City has not received any public comments regarding this case. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on February 14, 2023. Pursuant to Minnesota State Statute, the City must act on this request by April 14, 2023 (60 days). Attachments A) Land Use Application B) Written Narrative C) Zoning Map D) Draft Amendment Definitions E) Draft Amendment Purpose of Districts F) Draft Amendment Land Use Chart G) Draft Amendment Special Requirements CD District Page 6 of 6 I ARDEN HILLS PLANNING COMMISSION —March 8, 2023 DRAFT Attachment 7 Commissioner Weber indicated he still did not believe this was enough of a setback. He explained he lived on a lake and he feared there was too much leeway within this request. He recommended the side yard setbacks be set at 15 feet. Chair Vijums reported the Commission could recommend approval of this request with one additional condition to read: The side yard setback for Tract A shall be 10 feet. Chair Viiums moved and Commissioner Biorklund seconded a motion to add Condition 20 to read: The side yard setback for Tract A as measured from the south property line shall be 10 feet. The motion carried unanimously (5-0). Chair Vilums moved and Commissioner Biorklund seconded a motion to recommend approval of Planning Case 23-003 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the March 8, 2023, report to the Planning Commission with Condition 20. The motion carried 4-1 (Commissioner Weber opposed). Chair Vijums recessed the Planning Commission meeting at 8:01 p.m. Chair Vijums reconvened the Planning Commission meeting at 8:06 p.m. B. Planning Case 23-004; Zoning Code Amendment to Chapter 13 to Allow Solar Energy Systems in the Conservation District — Public Hearing Community Development Director Jagoe stated Alatus LLC, "The Applicant," is proposing an amendment to the language of Chapter 13 — Zoning Code of the Arden Hills City Code to allow for the conditional use of solar energy systems within the Conservation District in City Code Section 1320.05 — Land Use Chart. Community Development Director Jagoe explained in 2013, the City adopted two zoning code amendments to establish the Parks and Open Space Zoning District and Conservation Zoning District within the city code. Prior to this, there were no zoning districts designated for "parks or open space areas" that corresponded to two of the City's future land use designations in the 2030 (and now 2040) Comprehensive Plan. Park and Open Space defined as "areas designated as public parks" o Consists of 529 acres of land of City owned public parks, Ramsey County parks, and other open spaces for trails or stormwater easement ponds owned by the City, Ramsey County, the State of Minnesota, and private property owners/homeowner's associations. Park Preserve defined as "areas designated as natural or scenic areas that are to be preserved for public use or open space" o Consists of 1,449 acres all located on the Arden Hills Army Training Site Community Development Director Jagoe explained by creating the Parks and Open Space Zoning District and Conservation Zoning District, the City was working towards compliance with Minnesota State law, which mandates that local zoning codes are consistent with adopted comprehensive plans. Specific to this application, the Conservation District is guided by the Park Preserve future land use classification in the Comprehensive Plan. The CD District only applies to ARDEN HILLS PLANNING COMMISSION — March 8, 2023 the Arden Hills Army Training Site (AHATS). In 2014, the City rezoned 2/3's of the AHATS property to the Conservation District and then in 2016 the remaining acreage was rezoned. The City did not rezone the entire AHATS property originally in 2014 because Ramsey County was working with the Federal Government to purchase some of the area to be incorporated into their park system. Community Development Director Jagoe discussed the AHATS background, commented further on the Zoning Code Text Amendments, and provided the Findings of Fact for review: 1. Alatus, LLC, The Applicant, is proposing amendments to the language of Chapter 13 — Zoning Code of the City Code. 2. Currently, Section 1305.04 does not include a definition for Solar Energy System. 3. The Applicant is proposing the City amend the zoning code to add a definition for Solar Energy System to Section 1305.04 of the Zoning Code. 4. Under the City's Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Conservation District. 5. The Applicant is proposing an amendment to alter the Land Use Chart in Section 1320.05 of the Zoning Code to allow a Solar Energy System as a Conditional Use in the Conservation District. 6. The City is proposing to add Solar Energy System design standards to Section 1320.15 — Special Requirements for the Conservation District. 7. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 8. If the zoning amendments were approved, an Applicant would be required to submit a Conditional Use Permit land use application for the permitting of a Solar Energy System within the Conservation District. Community Development Director Jagoe reviewed the options for Planning Case 23-004 for a Zoning Code Amendment to Chapter 13 available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Bjorklund asked for clarification on what properties were being impacted. Community Development Director Jagoe clarified primer tracer property is located within the Conservation District, rather the zoning code text amendment would be applicable to all of the land within the conservation district, not just site specific. Commissioner Weber asked if there was interest in other parcels. Community Development Director Jagoe stated she was not aware of any other property that the federal government owns, that they were considering selling. ARDEN HILLS PLANNING COMMISSION March 8, 2023 9 Commissioner Bjorklund commented on the definition of solar array system. He recommended the size of an array be greater defined. He stated overall he supported solar systems on homes. He asked if other communities have allowed solar energy systems within their City Code. He believed it would be beneficial to review this language. Chair Vijums asked what the acreage was of the federal government property. Community Development Director Jagoe stated this property was 1,600 acres in size. Chair Vijums questioned if there was any purpose of this land remaining greenspace for sustainability purposes. Community Development Director Jagoe commented under the future land use designation this land was slated for parks and open space. She noted the intent of the conversation district was to hold the federal property. Commissioner Bjorklund stated he was concerned with how a large portion of property could be sold for a solar farm and this could impact the redevelopment of this property. Chair Vijums believed solar energy was a good thing, but he feared how the neighboring properties would be impacted if a large solar farm were installed. Commissioner Bjorklund stated it would benefit the Commission to have an aerial picture of the conservation district property. Community Development Director Jagoe commented the discussion before the Planning Commission was not specific to the primer tracer property. Rather, the Commission should consider the Conservation District overall. Commissioner Mitchell recalled that the conservation land (AHATS and primer tracer property) would be difficult to clean to residential standards. For this reason, she was not concerned that an apartment building would be placed directly next to a solar array. Community Development Director Jagoe discussed the listing for the 62 acres (primer tracer property) being sold by the federal government and noted the site had been cleaned to an industrial standard. She understood the sale document for this property would state this property could not be developed for residential. Chair Vijums opened the public hearing at 8:43 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. Lyle Salmela, 1480 Arden Vista Court, reported he sent comments to the Planning Commission prior to the meeting. He reviewed his comments noting he served as the Chair of the Restoration Advisory Board that was set up by the Army to clean up TCAAP. He noted he was also elected to Chair the Energy Resiliency Board in 2014 and 2015. He commented on the Energy Integration Resiliency Framework (ERIF) that was completed for TCAAP. He explained he understood Councilmember Tena Monson and County Commissioner Nicole Frethem met with the president of NSP, along with Bob Lux of Alatus. He recommended the primer tracer property be zoned for ARDEN HILLS PLANNING COMMISSION — March 8, 2023 10 a solar farm and not for any other use. He discussed his visions for TCAAP noting this project could be a potential model for microgrid and grid energy design. He commented further on how the solar array would benefit the entire TCAAP development. He reported the State of Minnesota passed zero net energy requirements, noting no natural gas can be used by 2030. Chair Vijums asked how much of the City could be powered from a 60 acre solar array. Mr. Salmela reported this would power everything to the substations in the area. He anticipated substations near Lino Lakes and below I-694 would be fed. He stated if the grid were to go down, a 60 acre solar array would provide enough energy for all of TCAAP. Commissioner Bjorklund questioned if the lines for the solar array would be above ground or underground. Mr. Salmela indicated the lines could be either above or below ground. Rich Skoman, 4380 Arden View Court, reviewed a map of the TCAAP development that included the primer tracer property and discussed the location of the wildlife corridor. He stated it was his hope the AHATS property could be used for cross country skiing in the winter months. There being no additional comment Chair Vijums closed the public hearing at 8:58 p.m. Commissioner Bjorklund stated he supported the proposed zoning code amendment and he appreciated the fact that all future solar energy system requests would be a conditional use. Chair Vijums moved and Commissioner Mitchell seconded a motion to recommend approval of Planning Case 23-004 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to Allow Solar Energy System as a Conditional Use in the Conservation District, based on the findings of fact and the submitted plans. The motion carried unanimously (5- UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Rousseau provided the Commission with an update from the City Council. She stated Planning Case 22-023 was approved by the City Council on February 7. She explained the Council has had a request that the sign code be reviewed. She anticipated staff would begin working on this issue and would be reporting back to the Planning Commission at a future meeting. B. Planning Commission Comments and Requests Commissioner Weber welcomed Councilmember Rousseau to the City Council. Attachment J U Q) O I m -i U M J O Q � N � � U dJ b.0 � 4-j U 0 GJ — ca Q O 1 O V }; Nbuo }, DC � fa N Q ( oO a= Q oc<u c O O MO 4-J (-6 4-' a� > Ci) L ' .� a-J L N O O C6 0 0- N � Ocn U . 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The Minor Subdivision and Variance would allow for the splitting of the Subject Property into two parcels for future development with single-family residential buildings. The City Council will be asked to make a formal decision regarding the application under Agenda Item 1 OC. Background 1. Overview of Request Mike Mezzenga ("The Applicant") has requested the approval of a Minor Subdivision and Variance for the property located at 1174 Edgewater Avenue ("Subject Property"). The Applicant is proposing to split the property into two lots for future redevelopment with single- family residential dwellings. To construct this proposal, the Applicant is seeking three variances based on applicable zoning code definitions and minimum lot standards. 1) Lot Width: The R-2 Zoning District minimum lot width shall be 85 feet. The Applicant is requesting a variance for Lot B to decrease the lot width to allow 60 feet as measured abutting Edgewater Avenue. Page 1 of 12 2) Lot Depth: The R-2 Zoning District minimum lot depth shall be 120 feet. The Applicant is requesting a variance for Lot A to decrease the lot depth as defined by code to 103 feet and to consider the east and west orientation of the lot at a depth of 188 feet in satisfaction of this requirement. 3) Rear Yard Setback: The R-2 Zoning District minimum rear yard setback is 30 feet. The Applicant is a variance for Lot A and Lot B to decrease the rear yard setback to 5 feet as measured from the south property line. The Applicant is requesting consideration of the west property line abutting Lake Josephine in satisfaction of this requirement. 2. Existing Site Conditions The Subject Property, 1174 Edgewater Avenue, is a 1.31-acre (56,806 SF) parcel located on the northeast side of Lake Josephine, west of Lexington Avenue. The Property is zoned R-2, Single & Two -Family Residential District and is guided as Low Density Residential (LDR) in the 2040 Comprehensive Land Use Plan. The Subject Property is currently vacant land. All surrounding parcels are also zoned R-2, Single & Two -Family Residential District and designated for Low Density Residential Uses in the Land Use Plan. The Subject Property was the site of the (now demolished) St. Paul Lodge #2 — I.O.O.F, also known as the Oddfellow's Lodge. The Applicant was issued a building permit to demolish the existing structure in September 2022. The Subject Property was originally approved as a lodge under a Conditional Use Permit (then called a Special Use Permit) in Planning Case #70-36. Since then, an amendment and a minor subdivision have been approved by the City Council. The following planning cases have been reviewed since the original CUP was adopted: Planning Case Application Re uest CC Action 05-03 Special Use Permit Reduce the size of the originally Approved Amendment approved parking lot Consolidate three previously 006-004 Minor Subdivision subdivided parcels into one Approved conforming residential parcel 3. Site Data 2040 Future Land Use Plan: LDR — Low Density Residential Existing Land Use: 1.1.31 Vacant (former structure demolished in September 2022) Zoning: R-2, Single & Two -Family Residential District Lot Size: acres 4. Proposed Use The Applicant is proposing a Minor Subdivision and Variance to split the Subject Property into two residential parcels. As part of the subdivision review, the Applicant is requesting flexibility on setbacks with an evaluation of the lot layout for both parcels in an east and west development Page 2 of 12 pattern to be consistent with existing development along Lake Josephine. Arden Hills Zoning Code defines the lot front yard as the boundary abutting the roadway (i.e. Edgewater Avenue). Mr. Mezzenga's application narrative is requesting a review of the parcels with the eastern property line as the front yard and the property line abutting Edgewater Avenue considered a side yard. To construct this proposal, the Applicant is seeking three variances based on applicable zoning code definitions and minimum lot standards for lot width, lot depth, and rear yard setback. City Code Section 1325.04, defines the front lot line as "the boundary of a lot abutting a street" and the rear lot line as "the lot line most nearly parallel to and most remote from the front lot line." The Applicant is asking the City Council to consider the side of the lot abutting Edgewater Avenue as the side lot line. Mr. Mezzenga has stated this rational for flexibility from this definition would allow future residential dwellings to be built within the proposed building pads without the need for additional setback variances. In his application, the Applicant has included two site plans of the same Minor Subdivision in terms of lot dimensions. Site Plan A displays the potential building pads adhering to setbacks based upon the definitions of "lot" for front, side, and rear yards and with only the variances for lot width and lot depth. Site Plan B displays the proposed building pads with an additional variance from rear yard setbacks to be granted. The Applicant is seeking review and approval of Site Plan B. Site Plan A — Based on Lot Definitions Front Yard Front Yard SSW ID f 000 .,�,� \-• Rear Yard ,� au. ,,NTANHENT LOT FEu.ow-- Side Yard TRAM s Side Yarda� _sue Rear Yard 1 = --1 Page 3 of 12 Site Plan B — Applicant Requested Approval The Applicant has indicated that if both lots were to be oriented with their front yards facing east rather than facing Edgewater Avenue, Lot A would meet the minimum lot depth requirement, and the total buildable area would increase. The Applicant has pointed out that this would be more consistent with the orientation of neighboring lakefront properties to the north of the Subject Property which have front yards facing east. Additionally, the Applicant has stated that his proposed lot configuration in Site Plan B is able to accommodate a building pad that could meet setbacks, minimum lot coverage, minimum lot area per dwelling unit, maximum dwelling unit density, and minimum landscaped area requirements for the R-2 District and the Shoreland Overlay District. The Applicant is proposing to construct a single-family dwelling on each parcel. For the City Council review, the Applicant has submitted a Certificate of Survey identifying the proposed lot configuration and house footprint of Tract A and Tract B. At this stage, the Applicant is seeking City Council review on the variance portion of the minor subdivision in advance of developing civil plans, house floor plans, and renderings. 5. Planning Case Background The City Council previously reviewed a concept plan for the proposed Minor Subdivision and Variance at the work session on September 2, 2022 (Planning Case 22-016). From the preliminary analysis, planning staff did identify that Parcel A would also require a variance to allow a shorter lot depth than what was required by the city code. At this meeting, the City Council was generally supportive of the lot dimensions for a two parcel Minor Subdivision as presented. Planning staff noted that the Applicant may need to seek additional variances based on the description of setbacks as verbally presented during the concept review. At their meeting on March 8, 2023, the Planning Commission voted 4-1 to recommend approval with conditions of the planning case. The Commission voted 5-0 to add a condition of approval Page 4 of 12 recommending the side yard setback as measured from the south property line for Tract A shall be 10 feet. This has been added to the draft conditions of approval outlined in the New Business Memo. Approvals 1. Minor Subdivision and Variance The City Council is being asked to determine if a Minor Subdivision and Variance request should be approved to split the Subject Property located at 1174 Edgewater Avenue into two separate parcels. The evaluation of the proposal should be based on the requirements of Chapter 11 — Subdivisions, the District Provisions in Section 1320, the requirements in Section 1330 — Shoreland Regulations, and the requirements for a Variance in Section 1355.04, Subd. 4. Plan Evaluation Chapter 11, Subdivisions 1. Section 1130, Minimum Design Standards A. Street Plan and Streets — No new streets would be constructed for the Minor Subdivision. Both lots would have frontage and access on Edgewater Avenue. B. Easements — City subdivision regulations require a 12-foot wide utility and drainage easements dedicated to the City along the right-of-way and centered on common lot lines. The survey does not includes drainage and utility easements along all lot lines that conform to this requirement. The Applicant will be required to dedicate the proposed drainage and utility easements with Ramsey County as part of the Minor Subdivision being recorded. Page 5 of 12 C. Lots, Location and Size — All lots are required to abut by their full frontage on a public street and meet the minimum lot dimensions required by the Zoning Code. The two lots have frontage on a public street. The Applicant is seeking a variance to meet the minimum standards of the R-2 District for lot width on Tract B. 2. Section 1130.08, Park Development Fee The Subdivision ordinance requires developers of subdivisions to dedicate to the public a reasonable percentage of the tract to be developed. Section 1130.08 Subd. 3 of the Subdivision Ordinance indicates that for a subdivision that results in new dwelling units of less than 2.5 units per acre, the applicant shall dedicate 10 percent of the buildable land area in the subdivision or pay a park development fee of $6,500 per residential unit. Ten percent of the development would be 0.13 acres which would not allow for a feasible park area. As a recommended condition of approval, the developer would be required to pay a park development fee of $6,500 for the proposed newly created single-family residential lot B. This fee would only be applied to the proposed Tract B. 3. Section 1150.03, Minor Subdivision of Unplatted Property The Subdivision ordinance allows for a Minor Subdivision of an unplatted tract of land to be exempted from the platting requirements of this chapter and may be allowed to be accomplished by means of a survey or registered land survey provided that the following requirements have been met: A. The resultant parcels abut on and have access to an existing public street, road, thoroughfare or highway. Criteria met. B. The subdivision will not involve the opening, widening or extension of any public or private street, road, thoroughfare or highway and will not involve the dedication, reservation or construction of any type of public utility. Criteria met. C. The subdivision will not obstruct future streets which have been planned by the City. Criteria met. D. The subdivision will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. Criteria met. E. The registered land survey conforms in all respects to the provisions of M.S. § 508.47 (4), as amended, the terms of which are incorporated herein by reference, or the survey contains the minimum requirements as outlines in Section 1150.03, Subd. 2, E items 1- 13. Criteria met. F. Monuments or stakes shall be placed and installed at all corners and angle points of the resultant parcels. Criteria to be met. Recommended condition of approval. G. The resultant parcels will not have setbacks and dimensions less than those required in the zoning ordinance, as amended. Criteria not met. The Subdivision ordinance for minimum design standards requires all newly created lots to abut by their full frontage on a publicly dedicated street. The Applicant is requesting a variance for the lot width for Tract B to allow 60 feet as measured abutting Edgewater Avenue. Additionally, the Applicant is proposing in Site Plan B to consider the eastern property line as the front yard for both parcels. Page 6 of 12 H. Drainage and utility easements along lot lines and any other easements required by this chapter. Criteria to be met. Recommended condition of approval. I. A grading plan with drainage calculations shall be submitted if required by the city engineer. Criteria to be met. Recommended condition of approval. J. The subdivider has complied with the requirements of this chapter which the planning commission or City Council have made the subdivision by registered land survey or survey specifically subject to. Criteria met. 4. Section 1150.01, Granting Variances The City Council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: A. The hardship is not a mere inconvenience; According to the Applicant's narrative, the hardship is converting a property from a commercial use to a residential use. B. The condition or conditions upon which the request is based are unique and not generally applicable to other property; According to the Applicant's narrative submitted as apart of his application, the Subject Property includes unique circumstances due to its nontraditional shape and former use of the property. The Applicant states the former gathering hall/lodge having only one access off of Edgewater Avenue has limited the potential for future residential development. In order to be able to subdivide the parcel and construct a home on both lots that each meet setback requirements, the Applicant must seek these variances. C. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. According to the Applicant, by placing the houses in line in an east/west orientation with the neighboring houses along Lake Josephine, all setbacks will be consistent and more pleasing to the eye. According to the Applicant, the proposed single-family housing will be consistent with future land use plans outlined in the City of Arden Hills 2040 Comprehensive Plan. Chapter 13, Zoning Regulations Review 1. District Provisions (R-2 Single and Two -Family Residential District) —Section 1320.06 Lot Size and Dimensions — Variance Requested Under the proposed Minor Subdivision, the Subject Property would be comprised of two 31,000- square-foot lots. Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 11,000 square feet per single-family dwelling unit in the R-2 District. The Applicant is Page 7 of 12 requesting a variance for the lot width for Tract B to allow 60 feet as measured abutting Edgewater Avenue. Parcel Total Lot Area (Square Feet) Width (Feet) Depth (Feet) R-2 District Minimum 11,000 85 120 A 30,918 169.46 103.15 B 30,687 60 207.88 Structure Setbacks — Variance Requested In the R-2 District, the minimum front, rear, and side setbacks are 40 feet, 30 feet, and 5 feet, respectively. The Applicant is requesting a variance for Lot A and Lot B to decrease the rear yard setback to 5 feet as measured from the south property line. The Applicant is requesting consideration of the west property line abutting Lake Josephine in satisfaction of this requirement for rear yard setback. Parcel Front Yard Feet Rear Yard Feet Side Yard Feet R-2 District Minimum 40 30 5115 A 40 (North) 5 (South) 53.2 (West)/40 (East) B 40(North) 5 (South) 53.2 West/40 East Landscaped Area, Structure Coverage, and Floor Area Ratio —Intends to Comply In the R-2 District, the minimum landscaped area for lots is 65%, and the maximum Floor -Area Ratio is 0.3. Additional information would be needed from the Applicant to determine whether these criteria are met. Mr. Mezzenga is processing the minor subdivision and variance request in advance of developing civil plans, house floor plans, and renderings. Staff shall evaluate these criteria at the time of building permit review. The Applicant has stated an intention to comply with all other R-2 District minimum and design standards. 2. Tree and Landscaping Preservation — Section 1325.055 Both site plans provided for this application denote existing trees on the Subject Property. The Applicant has not provided as part of this application a tree inventory of existing significant trees on the Subject Property or an analysis of the proposed tree removal on Tract A or B. As a recommended condition of approval, the Applicant shall be required to submit a Tree Preservation Plan as part of the Building Permit application and tree replacement may be required depending on the number of significant trees impacted by the proposed development. Any tree removal shall be subject to city code requirements as outlined in Section 1325.055. 3. Shoreland Regulations —Section 1330 The Minor Subdivision for the vast portion of the review is in relation to the minimum requirements of the underlying zoning district. As previously noted, the Subject Property abuts Lake Josephine which means both proposed lots in the Minor Subdivision would be subject to Page 8 of 12 Shoreland Regulations as outlined in Section 1330. The Applicant has stated it is his intention to comply with all applicable shoreland regulations and is not seeking a variance from these regulations. Upon review, Planning staff has determined that the site plans for referenced setback from OHW would need to be revised to be in compliance with Section 1330. OHW Setbacks/Adjacent Lots —Intends to Comply In Section 1330.03 - General Provisions, the City requires a structure setback of 50 feet as measured from Ordinary High Water (OHW) for properties abutting a lake classified as General Development. Additionally, this provision states that any shoreland lot where the adjacent lots have existing dwellings that exceed the minimum setback from the OHW level, the shoreline setback for a new dwelling unit or an addition to an existing dwelling unit shall not be less than the average of the setbacks from the OHW level for such adjacent dwellings minus ten (10) feet subject to the following: 1. In no case shall the new structure or addition be within the minimum setback from the OWH level as stated in Section 1330.03 Subd 1. 2. In no case shall the new structure or addition be nearer to the OHW level than the nearest adjacent structure. 3. The minimum structure setback in Section 1330.03 Subd. 1 shall be used for the adjacent lot when calculating the setback if an adjacent lot is: 1. Vacant; 2. Has a use other than single or two-family residential; or, 3. Has a dwelling unit that encroaches on the minimum structure setback. In this case, the site plans submitted identify the dwelling to the north is setback at 66.6 feet from OHW and the structure to the south is setback at 59.7 feet from OHW. The average between those two setbacks is 63.15 feet. The Applicant has shown on both site plans a proposed setback from OHW of 53.2 feet after subtracting the 10 additional feet. Planning staff has discussed with the Applicant that in this scenario the placement of the new homes would not be entitled to minus the 10 feet due to condition B (as shown above) that no new structure can be nearer to OHW than the nearest adjacent dwelling. In this case, the property to the south is setback at 59.7 feet which is further from OHW than the proposed 53.2 feet. Since a new dwelling cannot be nearer to OHW than the nearest adjacent dwelling, the minimum setback to OHW for the proposed Minor Subdivision becomes 59.7 feet. Planning Staff has requested from the Applicant that he verify the setback from OHW for the adjacent property to the south. From Ramsey County GIS it appears that the distance shown on the site plans submitted is measured from a detached accessory structure. The calculation for adjacent lot setbacks shall be from the adjacent dwelling, not an accessory structure. The Applicant has confirmed it is not their intent to seek a variance from any of the requirements as outlined in the Shoreland Regulations. As a recommended condition of approval, the Applicant shall be required to comply with all applicable provisions of Section 1330, Shoreland Regulations and to submit an updated certificate of survey in satisfaction of these requirements prior to issuance of a building permit. By addressing this planning comment via a condition, the Applicant can continue through the Minor Subdivision review without modifying all of the survey documents at this time. Any future building permit application for the new home Page 9 of 12 construction would be subject to compliance with this provision and staff would verify this provision has been satisfied as part of the permitting process. 4. Variance Review The role of the City Council is to determine and consider how the facts presented to them compare with the city's articulated standards. The Council should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the City Council may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The City Council may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 5. Variance Requirements — Section 1355.04, Subd. 4 The Applicant requests a variance to decrease the minimum required lot width, lot depth, and rear yard setback of the Subject Property. The City Council will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The variance request for 1174 Edgewater Avenue is for flexibility in requirements of minimum lot width, lot depth, and rear yard setbacks. The Subject Property is zoned R-2, Single and Two -Family Residential District and is guided as Low Density Residential (LDR) in the 2040 Land Use Plan. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. Page 10 of 12 According to the Applicant, the proposed use for this line is consistent with land use plans outlined in the 2040 Comprehensive Plan. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, the Subject Property includes unique circumstances due to its nontraditional shape. To construct a home on both subdivided lots that each meet setback requirements, the Applicant must seek these variances. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, by placing the houses in line with the neighboring houses along Lake Josephine, all setbacks will be consistent and more pleasing to the eye. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The proposed variance is not based on economic consideration. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Plan Evaluation Summary The table below provides the minimum district requirements for the R-2 District and Shoreland regulations along with a preliminary analysis for the proposed development: R-2 District Shoreland Standards Overlay District Parcel A Parcel B Minimum Lot Area 11,000 square feet 14,000 square feet 30,918 square feet 30,687 square feet 85 feet measured at 75 feet measured at 169.46 feet — street, 60 feet — street*, Minimum Lot Width public roadway OHW setback 192.73 feet - OHW 155.09 feet - OHW Minimum Lot Depth 120 feet N/A 103.1 S eet* 207.88 feet Minimum Front Yard Setback 40 feet 40 feet 40 feet 40 feet Minimum Rear Yard Setback 30 feet N/A S eet* 5 eet* 50 feet from OHW Minimum Side Yard 5 feet (min)/15 feet (west) & Adjacent Setback total Lots 53.2 feet/40 feet 53.2 feet/40 feet *Variance requested by applicant. Page 11 of 12 Additional Review Building Official The Building Official has reviewed the Minor Subdivision and has no additional comments at this time. A Building Permit will be required prior to construction activity taking place. Public Works Director/City Engineer The Public Works Director/City Engineer has reviewed the Minor Subdivision and has no additional comments at this time. PW permits will be required prior to any connection of utilities (i.e. sewer and water), land disturbance, or right-of-way work. These items have been included in the draft recommended conditions of approval. Minnesota Department of Natural Resources The Minnesota Department of Natural Resources has reviewed the application and has no additional comments at this time. Rice Creek Watershed District The Rice Creek Watershed District has completed a preliminary review of the plans and indicated a permit will be required based on the proposed scope of project. This permit requirement has been included in the draft recommended conditions of approval. The Applicant shall be required to provide this verification to the City prior to issuance of city permits. Public Notice and Comments A public hearing notice was prepared by the City. The notice was published in the Pioneer Press and mailed to properties within 1000 feet of the Subject Property on March 30, 2023. No comments have been received regarding this application as of April 4, 2023. There was one public comment at the Planning Commission meeting regarding a private easement. Three public comments were submitted in advance of the Planning Commission meeting that were opposed to the Minor Subdivision due to the application including a request for variances. Attachments A. Land Use Application B. Location Map C. Applicant Narrative D. Certificate of Survey E. Site Plan A F. Site Plan B G. Planning Commission Memo H. Draft Planning Commission Minutes I. Presentation Page 12 of 12 - 1^141ANU . I . - � Attachment A -�tt -ARPEN ffiLLS 1245 West Highway 96 Arden Mills, Minnesota 55112 planning Case No. Stibmittal Date Applic"on Completed Date Accepted by 22- 7,3-W77 11 Telephone (651) 7,92-7800 Receipt Number Fax (651) 634-5137 Council Decision www,cityofardenhills.org Council Decision Date 2021 LAND USE APPLICATION Applicant Informati2no Address: Fax No.: Ems if Address: Pry gS ,Information -Pnppqy 0—w—ne—c—/)YZI. OwnerAddress: Ale�-It-;&.� OwnerTelep Mone NoOther: Address of Property Involved: T-�y-!! J Nam: -.1. 9 .*7 T�pe of Use: Zomre !E�� . lyae-of Re-qumt Ll Comprehensive Plan Amendment (Fee- $5W + Esmw. $2.500) Rezoript or TCAAP Regulating Plan Amendment (Fee: 0 + Esc vr $f,500) Z On Code or TCAAP Redevelopment Code AMen ingdment (Fee: $400 + Escrow $15001 6J COndftnal Use or Interim Use PermiVCUP or 1UP I Amendment (fee: $400 + Escrow $1,500) Q City Code Amwidment (Fee. $35iD + �scrow, $1 $2,500) Prellfnina4<00) Ll rY Plat (Fee: $500 + Escrow. f-, LJ Final Plat (fee. s4so + Escrow. stow) 090t 'S"plit/Minor SubdWision (R- I and R-2 �r1cts 114,Y) Tee. $350 + Escrow $1,500) COnCePt Plan ReW" (Fee, $300 + Escrow, $750) Ud Variance or Permitted Adjustment (Fee: 1350 + or MaSWAPaNci Ll Master Planned Unit re4q tit Esorow, $1,OW) ell $8gw + 0 DevelOPMeAt Plan Tee- $6 + Escrow $2, 0) U Vacation of Easementor Right-of-way (Fee-150 Final Planned Unit Development or Final S�.w-al Escrow $1,000) $+ O'D Development Plan (Few $3W + Escrow. $ 000) L) Appeal Of Atiftnistrative Decision (Fee: $15,0 + L3 Planned Unit Development Affiendment or Special Escrow $1,000) 11--" ent Plan Amendment (Fee- soo + Esc��w: Ll Land Use Requests - Not Already Specified (Fee: $1.50� 0 $150 + Es"ow $1,0ao L3 Sfte Plan Review (Fee.- $450 + ESCrOW. $1,500) paw I of 3 Ml ttef I s 1ptign of Request *IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. • The laird use application fees do not cover building, sign, or other permit flees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing. and processing of application in the form of an escrow to the City. Filing & information Requirements The City requests that you make a pre -application meeting with the City Planner to discuss the application process, requirements, and deadlines, Unless waived by the City Planner or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at wwr.cii ofarde h'lls,o lade a lications_ coi''lmpletefincompiete AppltGabon Under Minnesota cafa Statute, Chapter 15.99, cities have 15 business days: to review all plans and application rrtaterials to ensure they satisfy City requirements. Curing the 15 day review period, planning staff will provide wren comments on the application and may request plan revisions. if the application is determined to be comb, Minnesota State Statute then requires the City to approve or deity the application within 60 days, up to 12i days, if not complete, the City may require plan revisions and/or additional infort'natiort before the application is scheduled for Planning Commission review and/or city Council awn. Project will not be tedt ed for any meeting until the application submittal is found to be complete by the City Planner. Payment of Eees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and maifing costs. if, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the City Planner on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Pee 2 of I Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City gall to verity the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Nibs, Minnesota 65112, unless otherwise stated. The schedules Mow are for reference .purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the City Planner. 2022 Planning Commission and City Council Schedule (*subject to change) TENTATIVE _._'TENTATIVE DEADLINE fO PLANNING CITY COUNCIL LAND USE COMMISSION MEETING APPLICATION MEETING DATV CATS` SUBMISSION (Generally held on the (Generally held on the (I" day of the first Wednesday after the first fourth Monday at 7:00 P.M.) preceding month) Monday at 6:30 p.m.) January5 - Janua 24 dere %er l 2tt2t February 9 February 28 January3 March 9 arch 28etarrtar 1 April 6 EEE25 March 1 Ma v 4 Ma 23 Aril 1 tte 8 June 27 May 2 ul 6 Juiv 26 June I ust 3 August 22 JU 1 ember 7 Se tember26 August 9 ober 6 [ENovemberg October 24 Se terrtbar I November 28 October 3mber Novem�r 1 7 Januar 9 `2023) 4 2g23 Janus 23 �2023} December °I Ackn2wied ement and Si nature I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and a=trate per city code and ordinance requirements. 1 fully understand that I am responsible for all cots urred by the City related to the processing of this application rty own r'Sighat* (Required) Date plicarA SiMlature(it different than the property owner) mate Please contact the City Planner at 1-792-7800 If you have any questions repilding this application. Additional coPies of this application 1bfM ate avadabte on the atysiai islie: g ? ci d' s. r useac NOPA late 3 of 3 Location Map Attachment B 3330 1242 1212 1201 1191 1181 1171 1159 1151 1141 1133 1106 3320 1234 1110 3310 1228 1222 1216 1208 1194 1176 1166 1158 1148 1136 1126 1112 1213 - 1171 1155 1271 1257 1233 1207 1201 1181 1163 1143 1111 1261 1226 1216 1200 1174 1164 1150 1124 1110 1138 1120 1280 1270 1252 1232 3262 1220 3247 3255 3251 3260 1208 1203 3238 3234 3240 3235 1200 - 3233 3230 1194 1175 1159 3224 1137 1151 1111 1152 1146 1134 1122 3205 .. 3197 3198 3199 3191 3195 3194 3193 3187 3189 3184 3177 3170 3167 3168 3157 = 3155 3153 3154 3154 3145 = 3146 3149 3137 3138 3143 3131 3130 3131 3123 1125 _ _ �Q$di.iil�ilr 3/1/2023, 12:05:29 PM r••—ti Tax Parcels _Query result Cities Personal Property County Offices Tax Parcels 3114 3092 1:3,600 0 0.03 0.06 0.12 mi 0 0.05 0.1 0.2 km Ramsey County Ramsey County MN Attachment C Mike Mezzenga 1489 Bussard Court Arden Hills, Mn 55112 mikemezzenga@gmail.com 651-402-3377 2-9-23 Dear Members of the Arden Hills City Planning Commission, My name is Mike Mezzenga owner of 1174 Edgewater Avenue. The property at 1174 Edgewater Avenue was used as a clubhouse. The intended use was commercial, and had a parking lot to accommodate dozens of cars. The hardship is changing this property over from a commercial use to a residential use. My intention is to make 2 residential lots out of this land. This parcel of land is more than big enough to accommodate 2 lots. The size of the lots would be almost 3/4 of an acre each. The property can't be put to a reasonable residential use because its only access point is on one side, Edgewater Avenue, which limits it to one lot. I don't think anybody in the neighborhood wants to see any kind of commercial development built here. This property is unique because it was originally intended as a large gathering hall for the ODD Fellows Club, which needed lots of parking for meetings and only one access point from Edgewater Avenue. The only deviation from the ordinance is to create 2 access points off of Edgewater Avenue. One of which would be 60 feet, which is 20 feet less than minimum width. This is just an access point however, that leads to the front yard of Tract B. It will meet all requirements to city ordinances. Front yard, side yard, and rear yard setbacks. The narrower street width access could be looked at as a type of cu-de-sac entrance, where it just narrows at the street and widens out from there. This variance will not create a land use not permitted in this zone. This variance is not for economic reasons alone. The tract is large enough to put more density on it than I am proposing. I simply want to construct 2 single family, upscale homes that would have large yards and plenty of privacy, and would still mesh with surrounding homes. Tract A, because the rear yard is being described as opposite the front yard in city ordinances, I am asking for a rear yard setback variance. The house will run parallel to Edgewater Avenue, and the rear yard would be actually facing the lake. So opposite the front yard will in fact be a side yard. I am still meeting the front yard setback requirement from the street and the Tract B access. I could also see just asking for a simple variance of quarter turning the plat so the lots are parallel to Edgewater and Tract A would be treated as a corner lot, and both lots would have the east lot line be considered the front yards. If you notice from the county map provided, there are plenty of precedents set for what I am proposing. Numerous homes there have narrow access points at the street, and the setbacks on these homes are all different from one another. Site Plan A shows how the homes would be positioned if I met all setbacks as they stand now. It makes for very long skinny homes that are basically going to be looking at each other and the existing neighbors, not the lake. It also limits the size of the homes drastically and will not attract the high end homeowner. My proposal keeps the character of the neighborhood consistent with the beautiful homes that are on the lake already. Solar energy would be much better utilized with the roof mass facing the direction of the lake. Site plan A would limit this option drastically because of the existing trees. Granting this proposal would make it so the new homes would not violate any city ordinances or zoning laws. it would create 2 upscale homesites that I think the city could be proud of. Thank you for your consideration, Mike Mezzenga T- — — — — — — — — - — — — — — — — — — — — — W° zP i ........... i I Q _ tW o� ° --- — — — — — ---- — — — — — — — --- o E 11H ak ------------------------------------------- --------------- --- --------------------------------------- --------------- Lip -------------------- ---- - - ------------- LA cm LU o ---------- o I I N, z �z- o'z- 0'. 2 9 I z E �z VNNVH V-7 Wd 9-- 1e EZOZ'El -- 'A-- - NOSNV- :Ag U— AdOO AUVNIWll]Ud Z .'A LU - - - - - --- - - - - - - - Ngj t-i CD Cl ------------ ------- - ----- ------- ------- -------------- -------------- . ......... . .. . . .......... ----------- H AT� ft MIM g ------- ------- --------- -------------- --- ----- MPR HMW CD 27, E 'c ZE 0 E Nl.' gfflH _E. 4,5Z OHM. 63 §1 2, MEY 5 ox 4 2Eb 9 t� cm E 41) 43) 5's CC D CD �3 CO CO) LLIL Z Lj TE o Jim z z z� R z' z' z' z' z. rx UN RH H z I 0 Ewa LLI LU r 'r - N x x U) -1 am N ILI M,ii LU o rQ pw . . . . . . . . . . . . Co UL - - - - - -- - - - - - - - X1 CDc 5 LII Cl I _j- Lij .96 Erg EEEE E 91 SA - ------------ COD Fad o CL. -------------- ---------- --------------- Go ---- -------- V�5 HE. n -- -------- i ig ai@ ks- 7t; iv z E BE ex Up- , Co E-E9 Eq ---------- CC 'U T (n > z Ln LO g 0 4) Z z z EmlLU LU p„o2 U) I zLL 3 mm, O(o N a co -d gq -Ez U- z z z z z LU 0 r z. . . . . . . . . . . . . . . . . . . go -.rJ .�f"E Attachment G PC Agenda Item — 6A 'It ,` I�EN HILLS MEMORANDUM DATE: March 8, 2023 TO: Planning Commission Chair and Commissioners FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-003 — Public Hearing Required Applicant: Mike Mezzenga Property Location: 1174 Edgewater Avenue Request: Minor Subdivision and Variance Requested Action Mike Mezzenga ("The Applicant") has requested the approval of a Minor Subdivision and Variance for the property located at 1174 Edgewater Avenue ("Subject Property"). The Applicant is proposing to split the property into two lots for future redevelopment with single-family residential dwellings. To construct this proposal, the Applicant is seeking three variances based on applicable zoning code definitions and minimum lot standards. 1) Lot Width: The R-2 Zoning District minimum lot width shall be 85 feet. The Applicant is requesting a variance for Lot B to decrease the lot width to allow 60 feet as measured abutting Edgewater Avenue. 2) Lot Depth: The R-2 Zoning District minimum lot depth shall be 120 feet. The Applicant is requesting a variance for Lot A to decrease the lot depth as defined by code to 103 feet and to consider the east and west orientation of the lot at a depth of 188 feet in satisfaction of this requirement. 3) Rear Yard Setback: The R-2 Zoning District minimum rear yard setback is 30 feet. The Applicant is a variance for Lot A and Lot B to decrease the rear yard setback to 5 feet as measured from the south property line. The Applicant is requesting consideration of the west property line abutting Lake Josephine in satisfaction of this requirement. Background 1. Existing Site Conditions The Subject Property, 1174 Edgewater Avenue, is a 1.31-acre (56,806 SF) parcel located on the northeast side of Lake Josephine, west of Lexington Avenue. The Property is zoned R-2, Single & Two -Family Residential District and is guided as Low Density Residential (LDR) in the 2040 Page 1 of 14 Comprehensive Land Use Plan. The subject property is currently vacant land. All surrounding parcels are also zoned R-2, Single & Two -Family Residential District and designated for Low Density Residential Uses in the Land Use Plan. The Subject Property is the site of the (now demolished) St. Paul Lodge #2 — I.O.O.F, also known as the Oddfellow's Lodge. The Applicant was issued a building permit to demolish the existing structure in September 2022. The Subject Property was originally approved as a lodge under a Conditional Use Permit (then called a Special Use Permit) in Planning Case #70-36. Since then, an amendment and a minor subdivision have been approved by the City Council. The following planning cases have been reviewed since the original CUP was adopted: Planning Case Application—W Request CC Action 05-03 Special Use Permit Reduce the size of the originally Approved Amendment approved parking lot Consolidate three previously 006-004 Minor Subdivision subdivided parcels into one Approved conforming residential parcel 2. Site Data 2040 Future Land Use Plan: LDR — Low Density Residential Existing Land Use: Vacant (former structure demolished in September 2022) Zoning: II R-2, Single & Two -Family Residential District Lot Size: 1.31 acres Page 2 of 14 3. Proposed Use The Applicant is proposing a Minor Subdivision and Variance to split the Subject Property into two residential parcels. As part of the subdivision review, the Applicant is requesting flexibility on setbacks with an evaluation of the lot layout for both parcels in an east and west development pattern to be consistent with existing development along Lake Josephine. Arden Hills Zoning Code defines the lot front yard as the boundary abutting the roadway (i.e. Edgewater Avenue). Mr. Mezzenga's application narrative is requesting a review of the parcels with the eastern property line as the front yard and the property line abutting Edgewater Avenue considered a side yard. To construct this proposal, the Applicant is seeking three variances based on applicable zoning code definitions and minimum lot standards for lot width, lot depth, and rear yard setback. City Code Section 1325.04, defines the front lot line as "the boundary of a lot abutting a street" and the rear lot line as "the lot line most nearly parallel to and most remote from the front lot line." The Applicant is asking the Planning Commission to consider the side of the lot abutting Edgewater Avenue as the side lot line. Mr. Mezzenga has stated this rational for flexibility from this definition would allow future residential dwellings to be built within the proposed building pads without the need for additional setback variances. In his application, the Applicant has included two site plans of the same Minor Subdivision in terms of lot dimensions. Site Plan A displays the potential building pads adhering to setbacks based upon the definitions of "lot" for front, side, and rear yards and with only the variances for lot width and lot depth. Site Plan B displays the proposed building pads with an additional variance from rear yard setbacks to be granted. The Applicant is seeking review and approval of Site Plan B. Site Plan A — Based on Lot Definitions Page 3 of 14 Site Plan B — Applicant Requested Approval The Applicant has indicated that if both lots were to be oriented with their front yards facing east rather than facing Edgewater Avenue, Lot A would meet the minimum lot depth requirement, and the total buildable area would increase. The Applicant has pointed out that this would be more consistent with the orientation of neighboring lakefront properties to the north of the Property which have front yards facing east. Additionally, the Applicant has stated that his proposed lot configuration in Site Plan B is able to accommodate a building pad that met setbacks, minimum lot coverage, minimum lot area per dwelling unit, maximum dwelling unit density, and minimum landscaped area requirements for the R-2 District and the Shoreland Overlay District. The Applicant is proposing to construct a single-family dwelling on each parcel. For the planning commission review, the Applicant has submitted a Certificate of Survey identifying the proposed lot configuration and house footprint of Tract A and Tract B. At this stage, the Applicant is seeking Planning Commission feedback on the variance portion of the minor subdivision in advance of developing civil plans, house floor plans, and renderings. 4. History of the Planning Case The Applicant previously applied for a concept review to split the lot and request a variance for the minimum lot width on September 2, 2022 (Planning Case 22-016). From the preliminary analysis, planning staff did identify that Parcel A would also require a variance to allow a shorter lot depth than what was required by the city code. The City Council was generally supportive of the lot dimensions for a two parcel Minor Subdivision as presented. Planning staff noted that the Applicant may need to seek additional variances based on the description of setbacks as verbally presented during the concept review. 5. Approvals The Planning Commission is being asked to determine if a Minor Subdivision and Variance request should be approved to split the Subject Property located at 1174 Edgewater Avenue into Page 4 of 14 two separate parcels. The evaluation of the proposal should be based on the requirements of Chapter 11 — Subdivisions, the District Provisions in Section 1320, the requirements in Section 1330 — Shoreland Regulations, and the requirements for a Variance in Section 1355.04, Subd. 4. Plan Evaluation Chapter 11, Subdivisions 1. Section 1130, Minimum Design Standards A. Street Plan and Streets No new streets would be constructed for the Minor Subdivision. Both lots would have frontage and access on Edgewater Avenue. B. Easements City subdivision regulations require a 12-foot wide utility and drainage easements dedicated to the City along the right-of-way and centered on common lot lines. The survey does not includes drainage and utility easements along all lot lines that conform to this requirement. The Applicant will be required to dedicate the proposed drainage and utility easements with Ramsey County as part of the Minor Subdivision being recorded. C. Lots Location and Size All lots are required to abut by their full frontage on a public street and meet the minimum lot dimensions required by the Zoning Code. The two lots have frontage on a public street. The Applicant is seeking a variance to meet the minimum standards of the R-2 District for lot width on Tract B. 2. Section 1130.08, Park Development Fee The Subdivision ordinance requires developers of subdivisions to dedicate to the public a reasonable percentage of the tract to be developed. Section 1130.08 Subd. 3 of the Subdivision Ordinance indicates that for a subdivision that results in new dwelling units of less than 2.5 units per acre, the applicant shall dedicate 10 percent of the buildable land area in the subdivision or pay a park development fee of $6,500 per residential unit. Ten percent of the development would be 0.13 acres which would not allow for a feasible park area. As a recommended condition of approval, the developer would be required to pay a park development fee of $6,500 for the proposed newly created single-family residential lot B. This fee would only be applied to the proposed Tract B. 3. Section 1150.03, Minor Subdivision of Unplatted Property The Subdivision ordinance allows for a Minor Subdivision of an unplatted tract of land to be exempted from the platting requirements of this chapter and may be allowed to be accomplished by means of a survey or registered land survey provided that the following requirements have been met: A. The resultant parcels abut on and have access to an existing public street, road, thoroughfare or highway; Criteria met. Page 5 of 14 B. The subdivision will not involve the opening, widening or extension of any public or private street, road, thoroughfare or highway and will not involve the dedication, reservation or construction of any type of public utility; Criteria met. C. The subdivision will not obstruct future streets which have been planned by the City; Criteria met. D. The subdivision will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located; Criteria met. E. The registered land survey conforms in all respects to the provisions of M.S. § 508.47 (4), as amended, the terms of which are incorporated herein by reference, or the survey contains the minimum requirements as outlines in Section 1150.03, Subd. 2, E items 1- 13; Criteria met. F. Monuments or stakes shall be placed and installed at all corners and angle points of the resultant parcels; Criteria to be met. Recommended condition of approval. G. The resultant parcels will not have setbacks and dimensions less than those required in the zoning ordinance, as amended; Criteria not met. The Subdivision ordinance for minimum design standards requires all newly created lots to abut by their full frontage on a publicly dedicated street. The Applicant is requesting a variance for the lot width for Tract B to allow 60 feet as measured abutting Edgewater Avenue. Additionally, the Applicant is proposing in Site Plan B to consider the eastern property line as the front yard for both parcels. H. Drainage and utility easements along lot lines and any other easements required by this chapter. Criteria to be met. Recommended condition of approval. I. A grading plan with drainage calculations shall be submitted if required by the city engineer. Criteria to be met. Recommended condition of approval. J. The subdivider has complied with the requirements of this chapter which the planning commission or City Council have made the subdivision by registered land survey or survey specifically subject to. Criteria met. 4. 1150.01 Granting Variances The City Council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: A. The hardship is not a mere inconvenience; According to the Applicant's narrative, the hardship is converting a property from a commercial use to a residential use. B. The condition or conditions upon which the request is based are unique and not generally applicable to other property; According to the Applicant's narrative submitted as a part of his application, the Subject Property includes unique circumstances due to its nontraditional shape and former use of the property. The Applicant states the former gathering hall/lodge having only one access off of Edgewater Avenue has limited the potential for future residential development. In order to be able to subdivide the parcel and construct a home on both lots that each meet setback requirements, the Applicant must seek these variances. Page 6 of 14 C. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. According to the Applicant, by placing the houses in line in an east/west orientation with the neighboring houses along Lake Josephine, all setbacks will be consistent and more pleasing to the eye. According to the Applicant, the proposed single-family housing will be consistent with future land use plans outlined in the City of Arden Hills 2040 Comprehensive Plan. In making these findings, the Planning Commission shall consider the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. In granting a variance as provided in this section, the Planning Commission shall prescribe only such conditions that it deems desirable or necessary to the public interest. Chapter 13, Zoning Regulations Review 1. District Provisions (R-2 Single and Two -Family Residential District) — Section 1320.06 Lot Size and Dimensions — Variance Requested Under the proposed Minor Subdivision, the Subject Property would be comprised of two 31,000- square-foot lots. Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 11,000 square feet per single-family dwelling unit in the R-2 District. The Applicant is requesting a variance for the lot width for Tract B to allow 60 feet as measured abutting Edgewater Avenue. Total Lot Area Parcel (Square Feet Width Feet Depth Feet R-2 District Minimum 11,000 85 120 A 30,918 169.46 103.15 B 30,687 60 207.88 Structure Setbacks — Variance Requested In the R-2 District, the minimum front, rear, and side setbacks are 40 feet, 30 feet, and 5 feet, respectively. The Applicant is requesting a variance for Lot A and Lot B to decrease the rear yard setback to 5 feet as measured from the south property line. The Applicant is requesting consideration of the west property line abutting Lake Josephine in satisfaction of this requirement for rear yard setback. Parcel Front Yard Feet Rear Yard Feet Side Yard Feet R-2 District Minimum 40 30 5115 A 40 (North) 5 (South) 53.2 (West)/40 (East) B 40 (North) 5 (South) 53.2 (West/40 (East) Page 7 of 14 Landscaped Area, Structure Coverage, and Floor Area Ratio — Intends to Comply In the R-2 District, the minimum landscaped area for lots is 65%, and the maximum Floor -Area Ratio is 0.3. Additional information would be needed from the Applicant to determine whether these criteria are met. Mr. Mezzenga is processing the minor subdivision and variance request in advance of developing civil plans, house floor plans, and renderings. Staff shall evaluate these criteria at the time of building permit review. The Applicant has stated an intention to comply with all other R-2 District minimum and design standards. 2. Tree and Landscaping Preservation - Section 1325.055 The Certificate of Survey (i.e. Site Plan B) denotes existing trees on the Subject Property. The Applicant has not provided as part of this application a tree inventory of existing significant trees on the Subject Property or an analysis of the proposed tree removal on Tract A or B. As a recommended condition of approval, the Applicant shall be required to submit a Tree Preservation Plan as part of the Building Permit application and tree replacement may be required depending on the number of significant trees impacted by the proposed development. Any tree removal shall be subject to city code requirements as outlined in Section 1325.055. 3. Shoreland Regulations —Section 1330 The Minor Subdivision for the vast portion of the review is in relation to the minimum requirements of the underlying zoning district. As previously noted, the Subject Property abuts Lake Josephine which means both proposed lots in the Minor Subdivision would be subject to Shoreland Regulations as outlined in Section 1330. The Applicant has stated it is his intention to comply with all applicable shoreland regulations and is not seeking a variance from these regulations. Upon review, Planning staff has determined that the site plans for referenced setback from OHW would need to be revised to be in compliance with Section 1330. OHW Setbacks/Adjacent Lots —Intends to Comply In Section 1330.03 - General Provisions, the City requires a structure setback of 50 feet as measured from Ordinary High Water (OHW) for properties abutting a lake classified as General Development. Additionally, this provision states that any shoreland lot where the adjacent lots have existing dwellings that exceed the minimum setback from the OHW level, the shoreline setback for a new dwelling unit or an addition to an existing dwelling unit shall not be less than the average of the setbacks from the OHW level for such adjacent dwellings minus ten (10) feet subject to the following: A. In no case shall the new structure or addition be within the minimum setback from the OWH level as stated in Section 1330.03 Subd 1. B. In no case shall the new structure or addition be nearer to the OHW level than the nearest adjacent structure. C. The minimum structure setback in Section 1330.03 Subd. I shall be used for the adjacent lot when calculating the setback if an adjacent lot is: 1. Vacant; 2. Has a use other than single or two-family residential; or, 3. Has a dwelling unit that encroaches on the minimum structure setback. In this case, the site plans submitted identify the dwelling to the north is setback at 66.6 feet from OHW and the structure to the south is setback at 59.7 feet from OHW. The average between Page 8 of 14 those two setbacks is 63.15 feet. The Applicant has shown on both site plans a proposed setback from OHW of 53.2 feet after subtracting the 10 additional feet. Planning staff has discussed with the Applicant that in this scenario the placement of the new homes would not be entitled to minus the 10 feet due to condition B (as shown above) that no new structure can be nearer to OHW than the nearest adjacent dwelling. In this case, the property to the south is setback at 59.7 feet which is further from OHW than the proposed 53.2 feet. Since a new dwelling cannot be nearer to OHW than the nearest adjacent dwelling, the minimum setback to OHW for the proposed Minor Subdivision becomes 59.7 feet. Planning Staff has requested from the Applicant that he verify the setback from OHW for the adjacent property to the south. From Ramsey County GIS it appears that the distance shown on the site plans submitted is measured from a detached accessory structure. The calculation for adjacent lot setbacks shall be from the adjacent dwelling, not an accessory structure. The Applicant has confirmed it is not their intent to seek a variance from any of the requirements as outlined in the Shoreland Regulations. As a recommended condition of approval, the Applicant shall be required to comply with all applicable provisions of Section 1330, Shoreland Regulations and to submit an updated certificate of survey in satisfaction of these requirements prior to issuance of a building permit. By addressing this planning comment via a condition, the Applicant can continue through the Minor Subdivision review without modifying all of the survey documents at this time. Any future building permit application for the new home construction would be subject to compliance with this provision and staff would verify this provision has been satisfied as part of the permitting process. Plan Evaluation Summary The table below provides the minimum district requirements for the R-2 District and Shoreland regulations along with a preliminary analysis for the proposed development: R-2 District Shoreland Standards Overlay District Parcel A Parcel B Minimum Lot Area 11,000 square feet 14,000 square feet 30,918 square feet 30,687 square feet 85 feet measured at 75 feet measured at 169.46 feet — street, 60 feet — street*, Minimum Lot Width public roadway OHW setback 192.73 feet - OHW 155.09 feet - OHW Minimum Lot Depth 120 feet N/A 103.15 feet* 207.88 feet Minimum Front Yard Setback 40 feet 40 feet 40 feet 40 feet Minimum Rear Yard Setback 30 feet N/A 5 feet* 5 feet* 50 feet from OHW Minimum Side Yard 5 feet (min)/15 feet (west) & Adjacent Setback (total) Lots 53.2 feet/40 feet 53.2 feet/40 feet *Variance requested by Applicant. 4. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city's articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a Page 9 of 14 variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 5. Variance Requirements — Section 1355.04, Subd. 4 The Applicant requests a variance to decrease the minimum required lot width, lot depth, and rear yard setback of the Subject Property. The Planning Commission will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The variance request for 1174 Edgewater Avenue is for flexibility in requirements of minimum lot width, lot depth, and rear yard setbacks. The Subject Property is zoned R-2, Single and Two -Family Residential District and is guided as Low Density Residential (LDR) in the 2040 Land Use Plan. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the proposed use for this line is consistent with land use plans outlined in the 2040 Comprehensive Plan. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, the Subject Property includes unique circumstances due to its nontraditional shape. To construct a home on both subdivided lots that each meet setback requirements, the Applicant must seek these variances. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Page 10 of 14 According to the Applicant, by placing the houses in line with the neighboring houses along Lake Josephine, all setbacks will be consistent and more pleasing to the eye. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The proposed variance is not based on economic consideration. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Additional Review Building Official The Building Official has reviewed the Minor Subdivision and has no additional comments at this time. A Building Permit will be required prior to construction activity taking place. Public Works Director/City Engineer The Public Works Director/City Engineer has reviewed the Minor Subdivision and has no additional comments at this time. PW permits will be required prior to any connection of utilities (i.e. sewer and water), land disturbance, or right-of-way work. These items have been included in the draft recommended conditions of approval. Minnesota Department of Natural Resources The variance request was forwarded to the Minnesota Department of Natural Resources for comment. At the time of writing this report, the City has not received their review feedback. A verbal update will be provided to the Planning Commission at the meeting. Rice Creek Watershed District The Rice Creek Watershed District has completed a preliminary review of the plans and indicated a permit will be required based on the proposed scope of project. This permit requirement has been included in the draft recommended conditions of approval. The Applicant shall be required to provide this verification to the City prior to issuance of city permits. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. The Subject Property at 1174 Edgewater Avenue is located in the R-2 — Single and Two Family Residential Zoning District. 2. The Arden Hills 2040 Comprehensive Plan designates the Subject Property as LDR — Low Density Residential. Page 11 of 14 3. The Applicant has submitted a land use application for a Minor Subdivision to subdivide the Subject Property into two (2) lots and is requesting a variance to the required R-2 Zoning District lot width, lot depth, and rear yard setback. 4. The property is properly guided and zoned for the development of single- family residential dwellings. 5. The request proposes to use the properties in a reasonable manner allowed by code as a single-family dwelling. 6. The Owner of the unplatted lot to be divided has filed with the Zoning Administrator a registered land survey of the lot to be divided. 7. The proposed Minor Subdivision would not require a front yard or side yard setback variance and as conditioned would comply with Shoreland Regulations. 8. The Applicant states the proposed single-family dwellings on the Subject Property would conform to all other requirements and standards of the R-2 Zoning District. 9. The proposed division will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. Variance Findings: 10. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 11. The variance would be consistent with the City's Comprehensive Plan because it meets the City's housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City's established neighborhoods. 12. A single-family dwelling is a permitted use within the R-2 Zoning District. 13. The Applicant states the proposed single-family dwellings would not alter the essential character of the neighborhood because the configuration of future development on the Subject Property in the east and west configuration would be consistent and compatible with the neighborhood. 14. The variance request is not based on economic considerations alone. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 23-003 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue, based on the findings of fact and the submitted plans, as amended by the conditions below: 1. The Applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City's approval. 2. The Applicant shall record the drainage and utility easements as required under the Subdivision ordinance on the recorded survey with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City's approval. 3. The Applicant shall pay the required park development fee of $6,500 for Tract B prior to issuance of permits for either lot within the Minor Subdivision. 4. Monument stakes shall be installed to demarcate the property lines between Tract A and Tract B. 5. A Building Permit shall be required on each lot for construction of the new dwelling. Page 12 of 14 6. The proposed buildings shall conform to all other standards and regulations in the City Code. 7. A Grading and Erosion permit for each lot shall be obtained from the City's PW/Engineering Division prior to commencing any grading, land disturbance or utility activities. 8. Upon completion of grading and utility work on the site, a grading as -built and utility as -built shall be provided to the City. 9. Final grading, drainage, and utility plans shall be subject to approval by the Public Works Director/City Engineer prior to the issuance of a grading and erosion control permit or other development permits. 10. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicant during construction to ensure that sediment and storm water does not leave the project site. 11. The Applicant shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 12. A separate right-of-way permit for each lot shall be required for work performed within the City right-of-way. 13. The Applicant shall be responsible for obtaining a Sanitary Sewer Connect Permit. 14. The Applicant shall be responsible for obtaining a Water Connect Permit. 15. Prior to the issuance of a building permit, the Applicant shall be financially responsible for 100 percent of all applicable sewer connection, sewer availability, water connection, water availability and Metropolitan Council SAC charges. 16. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling on Tract A and Tract B. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. 17. Future development on Tract A would be evaluated as presented in Site Plan B designating the north and east elevations as the required front yards. 18. Future development on Tract B would be evaluated as presented in Site Plan B designating the north and east elevation as the required front yards. 19. The Minor Subdivision shall be required to comply with all applicable provisions of Section 1330, Shoreland Regulations and the Applicant is to submit an updated certificate of survey in satisfaction of these requirements prior to issuance of any building permits for the new home construction on Tract A or B. • Recommend Approval as Submitted: Motion to recommend approval of Planning Case 23- 003 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue, based on the findings of fact and the submitted materials. Recommend Denial: Motion to recommend denial Planning Case 23-003 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. Table: Motion to table Planning Case 23-003 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue: a specific reason and information request should be included with a motion to table. Page 13 of 14 Notice A public hearing notice was prepared by the City. The notice was published in the Pioneer Press and mailed to properties within 1000 feet of the Subject Property on February 24, 2023. Minnesota Statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Deadline for Aizency Actions The City of Arden Hills received the completed application for this request on February 17, 2023. Pursuant to Minnesota State Statute, the City must act on this request by April 16, 2023 (60 days). Attachments A. Land Use Application B. Location Map C. Applicant Narrative D. Certificate of Survey E. Site Plan A F. Site Plan B Page 14 of 14 DRAFT Attachment H ARDEN HILLS PLANNING COMMISSION — March 8, 2023 2 Community Development Director Jagoe requested the Commission approve the meeting calendar for 2023. Chair Vijums stated he would not be able to attend a Planning Commission meeting on July 5. He suggested this meeting be rescheduled to July 12. The Commission supported this recommendation. Commissioner Mitchell moved, seconded by Commissioner Biorklund, to approve the meeting calendar for 2023 as amended. The motion carried unanimously (5-0). APPROVAL OF MINUTES December 7, 2022 — Planning Commission Regular Meeting Commissioner Blilie moved, seconded by Chair Vijums, to aanrove the December 7. 2022 Planning Commission Regular Meeting as presented. The motion carried 3-0-2 (Commissioners Biorklund and Weber abstained). PLANNING CASES A. Planning Case 23-003; 1174 EdgewateLAven Minor, Subdivision and Variance — Public Hearing 111 'W Community Development Director Jagoe stated the Subject Property, 1174 Edgewater Avenue, is a 1.31-acre (56,806 SF) parcel located on the northeast side of Lake Josephine, west of Lexington Avenue. The Property is zoned R-2, Single & Two -Family Residential District and is guided as Low Density Residential (LDR) in the 2040 Comprehensive Land Use Plan. The subject property is currently vacant land. All surrounding parcels are also zoned R-2, Single & Two -Family Residential District and designated for Low Density Residential Uses in the Land Use Plan. The Subject Property is the site of the (now demolished) St. Paul Lodge #2 — I.O.O.F, also known as the Oddfellow's Lodge. The Applicant was issued a building permit to demolish the existing structure in September 2022. The Subject Property was originally approved as a lodge under a Conditional Use Permit (then called a Special Use Permit) in Planning Case #70- 36. Since then, an amendment and a minor subdivision have been approved by the City Council. Community Development Director Jagoe reviewed the Site Data, the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. The Subject Property at 1174 Edgewater Avenue is located in the R-2 — Single and Two Family Residential Zoning District. 2. The Arden Hills 2040 Comprehensive Plan designates the Subject Property as LDR — Low Density Residential. 3. The Applicant has submitted a land use application for a Minor Subdivision to subdivide the Subject Property into two (2) lots and is requesting a variance to the required R-2 Zoning District lot width, lot depth, and rear yard setback. 4. The property is properly guided and zoned for the development of single- family residential dwellings. ARDEN HILLS PLANNING COMMISSION — March 8, 2023 5. The request proposes to use the properties in a reasonable manner allowed by code as a single-family dwelling. 6. The Owner of the unplatted lot to be divided has filed with the Zoning Administrator a registered land survey of the lot to be divided. 7. The proposed Minor Subdivision would not require a front yard or side yard setback variance and as conditioned would comply with Shoreland Regulations. 8. The Applicant states the proposed single-family dwellings on the Subject Property would conform to all other requirements and standards of the R-2 Zoning District. 9. The proposed division will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. Variance Findings: 10. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 11. The variance would be consistent with the City's Comprehensive Plan because it meets the City's housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City's established neighborhoods. 12. A single-family dwelling is a permitted use within the R-2 Zoning District. 13. The Applicant states the proposed single-family dwellings would not alter the essential character of the neighborhood because the configuration of future development on the Subject Property in the east and west configuration would be consistent and compatible with the neighborhood. 14. The variance request is not based on economic considerations alone. 44� %0 Community Development Director Jagoe reviewed the options available for Planning Case 23- 003 to the Planning Commission on this matter: AV 1. Recommend Approval with Conditions 1. The Applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City's approval. 2. The Applicant shall record the drainage and utility easements as required under the Subdivision ordinance on the recorded survey with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City's approval. 3. The Applicant shall pay the required park development fee of $6,500 for Tract B prior to issuance of permits for either lot within the Minor Subdivision. 4. Monument stakes shall be installed to demarcate the property lines between Tract A and Tract B. 5. A Building Permit shall be required on each lot for construction of the new dwelling. 6. The proposed buildings shall conform to all other standards and regulations in the City Code. 7. A Grading and Erosion permit for each lot shall be obtained from the City's PW/Engineering Division prior to commencing any grading, land disturbance or utility activities. ARDEN HILLS PLANNING COMMISSION — March 8, 2023 0 8. Upon completion of grading and utility work on the site, a grading as -built and utility as -built shall be provided to the City. 9. Final grading, drainage, and utility plans shall be subject to approval by the Public Works Director/City Engineer prior to the issuance of a grading and erosion control permit or other development permits. 10. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicant during construction to ensure that sediment and storm water does not leave the project site. 11. The Applicant shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 12. A separate right-of-way permit for each lot shall be required for work performed within the City right-of-way. 13. The Applicant shall be responsible for obtaining a Sanitary Sewer Connect Permit. 14. The Applicant shall be responsible for obtaining a Water Connect Permit. 15. Prior to the issuance of a building permit, the Applicant shall be financially responsible for 100 percent of all applicable sewer connection, sewer availability, water connection, water availability and Metropolitan Council SAC charges. 16. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling on Tract A and Tract B. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. 17. Future development on Tract A would be evaluated as presented in Site Plan B designating the north and east elevations as the required front yards. 18. Future development on Tract B would be evaluated as presented in Site Plan B designating the north and east elevation as the required front yards. 19. The Minor Subdivision shall be required to comply with all applicable provisions of Section 1330, Shoreland Regulations and the Applicant is to submit an updated certificate of survey in satisfaction of these requirements prior to issuance of any building permits for the new home construction on Tract A or B. 'VilAV 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Weber asked if it was typical for a property to have the front of the house facing the front and side yard. Community Development Director Jagoe reported this was not typical. She commented on how this was not a traditional lot split, but noted the Applicant states the proposed layout optimizes the setting for the property. Commissioner Weber anticipated it was not typical for a home to not have roadway frontage in from the house. He expressed concern with the fact the proposed home would be quite close to the roadway when compared to the surrounding homes. ARDEN HILLS PLANNING COMMISSION — March 8, 2023 5 Community Development Director Jagoe discussed that setbacks are measured from the property line and noted the house pad would be approximately 32 feet from the edge of the road. There is a 10 foot easement dedicated to the City along a portion of the north property line for access and road maintenance. Commissioner Blilie requested further clarification on how the houses would be oriented on the lots. Community Development Director Jagoe discussed how the houses would be oriented on the lots in further detail with the Commission. Commissioner Blilie inquired what the footprint would be for each house. Community Development Director Jagoe anticipated the footprint for Tract A would be 3,400 square feet and for Tract B the footprint would be 2,800sq e��feet as shown on Site Plan A. 10 Commissioner Bjorklund explained he did not have an problems with the proposed variances and noted he would be supporting the request. Chair Vijums requested further information regarding history of the lot. Community Development Director Jagoe provided the Commission with the history of the Odd Fellows minor subdivision lot. Chair Vijums discussed the OHW requirements in the Shoreland Ordinance and asked if the applicant would be meeting the City's requirements. Community Development Director Jagoe indicated the applicant would have to make a minor adjustment in order to meet the setback for the property on the south. AW Chair Vijums stated he was happy to see this empty lot was being redeveloped. Further discussion ensued on how the lots and homes would be oriented (east/west) in order to meet the City's setbacks. Chair Vijums anticipated the homes that would be built on these lots would not be any larger than the homes that were on the surrounding lake lots. Commissioner Weber expressed concerned with how the houses would be oriented on these lots, and how they would be impacted if a house were placed on the adjacent lot to the east. In addition, he was concerned with how the front and side yards were being identified within this subdivision. He believed ten feet between the future homes on Tract A and Tract B was too small. He discussed the demolition work that had been done on the site and asked if any tree removal had occurred on the property. Community Development Director Jagoe stated she did not believe any trees had been removed. ARDEN HILLS PLANNING COMMISSION — March 8, 2023 6 Chair Vijums commented further on how the houses would be oriented and noted the houses would not look into each other even if they were only 10 feet apart. He explained he owned a house in St. Paul and it was less than 10 feet from the neighbors. Commissioner Weber stated he understood this was common in other communities. He indicated he would still like more information regarding the buildability of the lot to the east because this would impact the two proposed homes. Commissioner Mitchell discussed the length and width for the lot to the east noting it appeared to be buildable. She commented on how the home on Tract B would have a view of the road, while the home on Tract A would not. She commented on how the future homeowner on Tract A could plant trees or shrubs to screen their view. She noted the widths of the lot were not substantially different than the neighboring lots and the two homes would have a shared driveway. She believed this was a better use of the land than having one huge house on the property. Chair Vijums opened the public hearing at 7:27 p.m. t _ Chair Vijums invited anyone for or against the application to come forward and make comment. Mike Mezzenga, property owner and applicant, explained the equipment on the site was recently placed onsite to clear the snow from the parking lot. He commented further on how the lots would be oriented and reviewed house plans that would work on each of the tracts. He discussed how the future homes may not be as large as he was proposing, which meant the setbacks between the houses would be larger. He explained he was not intending to go any closer to the lake than the OHW setback. Roland Karjalahti, 1137 Edgewater Avenue, explained he received notice of the proposed subdivision. He stated the project was lacking an easement. He discussed how the homes along Edgewater Avenue had deeded lake access to Lake Josephine. He reported after speaking with his neighbors, they confirmed the same information. He then reviewed the language within his abstract regarding the deeded lake access. He requested this easement be included in City documents and be taken into consideration. He noted the neighbors use this easement to access the lake. There being no additional comment Chair Vijums closed the public hearing at 7:41 p.m. Community Development Director Jagoe requested Mr. Karjalahti provide her with information regarding the deeded lake access noting she would investigate this matter further. Chair Vijums asked how the Commission wanted to proceed with this Planning Case. Commissioner Weber asked if the Commission could make a recommendation for approval, with adjustments to the side yard setbacks. Community Development Director Jagoe stated the Commission could make a recommendation to the Council to adjust the side yard setbacks in order to bring about more separation between the two homes. ARDEN HILLS PLANNING COMMISSION — March 8, 2023 7 Commissioner Weber feared the City was allowing too much through this minor subdivision and he would support having more regulations in place. Commissioner Blilie indicated she was uncomfortable with the sizes of the proposed homes. She noted the typical home on in this neighborhood was not 3,400 square feet. Community Development Director Jagoe reported the proposed house and garage size for Tract A was 4,200 square feet and on Tract B the house and garage would be 3,700 square feet as shown on Site Plan B. She reiterated that the numbers she was providing was for the home and garage and the earlier stated square footages for both homes was from Site Plan A. Commissioner Blilie stated she would be more comfortable with the minor subdivision if the proposed homes were reduced in size by 5%. She explained on Tract A she would like to see a 10 foot side yard setback. 4 Commissioner Weber indicated he still did not believe this was enough of a setback. He explained he lived on a lake and he feared there was too much leeway within this request. He recommended the side yard setbacks be set at 15 feet. Chair Vijums reported the Commission could recommend approval of this request with one additional condition to read: The side yard setback for Tract A shall be 10 feet. Chair Viiums moved and Commissioner Biorklund seconded a motion to add Condition 20 to read: The side yard setback for Tract A as measured from the south property line shall be 10 feet. The motion carried unanimously (5-0). Chair Viiums moved and Commissioner Biorklund seconded a motion to recommend approval of Planning Case 23-003 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the March 8, 2023, report to the Planning Commission with Condition 20. The motion carried 4-1 (Commissioner Weber opposed). Chair Vijums recessed the Planning Commission meeting at 8:01 p.m. Chair Vijums reconvened the Planning Commission meeting at 8:06 p.m. B. Planning Case 23-004; Zoning Code Amendment to Chapter 13 to Allow Solar Energy Systems in the Conservation District — Public Hearing Community Development Director Jagoe stated Alatus LLC, "The Applicant," is proposing an amendment to the language of Chapter 13 — Zoning Code of the Arden Hills City Code to allow for the conditional use of solar energy systems within the Conservation District in City Code Section 1320.05 — Land Use Chart. Community Development Director Jagoe explained in 2013, the City adopted two zoning code amendments to establish the Parks and Open Space Zoning District and Conservation Zoning L ate-+ u ._ C: 3 v w a o cc 'Z M N > N 0 -0 v .. can a v V W -• � � O tio CL ca Q � Er-O a = a a > Q O 0 Ln •— E O ' L•— Q s Q E O 0- 0 � O O L -0 N 4-j O U ,> - -0 O O =3 `+- 4 _O O O 4-1 4-j Q Z �FF 0 O buo .E O N O Q) E E .E C- CU o N 4-j O .E a o _0 n I V) UO r/ I X LU ry s�v E v ID g J C J E 7J 3 J L i7 N EN EL LLJ N J Ln ul Ca •— O E _0 cn � OLn — � rq V O J E 0 v v � •� O �p O — N .� Zi — •� Q O -0 UO O co Ln cn 2 :3 • 0 0 4- Q) 0 N a--+ •I_+ C: c N _0 ,0 0 fa •� 0 0 N O ro O fa C: QJ QJ }, U L N 0 ru 0 c6 N Q c6 cn 0M� NQJ -Q>-c �.��QJ QJQN� CT cO 0 � � IJ_ (B � dJ cn Q N - O QJ •N .� N c E c6 N� ��— O v 4A-0um -0 0��� QJO�-o 0 �L 0 Ccnca� 0}' �Nru ��DN �� -0 i � rO = ateJ t1A ru � ro ate., Q 1 � ' Q Q � ' � ca � 4 — N�ON_0Q CU QJ�Qc6 -JCrO o � O Q 2� c6 0 I ca L > uLE�o �v� �'� m u�3v C: i Ln� --0— � �-0 0 o� OQ� 2-0 Q ca w 'v) ca : +� Q w U F- 4- -a W N O 75 ao a) oC tko .O N M l-I L Q i U ^� +n 07 vo �I ti r4 00 a o G a CA co `° a yr a a r F a j W `-1 / O CL v ^ W , z3 v o •- ) v o v E a v v S S ._ S. a Q v 4-, v a V) v of S L �, o a v 3 i •'� o a v o �— `Z. 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L co L Q 3 L L s O m G) 0) a s J J J LL cc H U) 3 3 3 3 Y 3 Y 3 Y .� E £ E m m £ um LN LN IA r 0 \ u / 2rog f / u ) ( \ k / k k J /ro k ƒ .0 gai \ k / k R E E \ m f 2 \ /Co Ln � k / / E k k 4-u 8 \ E $ ƒ ro q % I r L % 0 / $ \ E 2 \ \ I \ 2 / ƒ / o -0 § t 2 0 'e O = " E ) k _ G •� � l \ / C)k § e E �mLn �ƒ m m \ c r E \ 2 2 / 7 0 ® x R • R c� m G/ o-0 2 0 0 / u o $ b m — E m 0 § 2 f m ƒ / \ 0 0 m # ® E E •� y u 3 'ut m � .\ 2 � 2 � 2 f \ / / ® n to u a f R\ E �� 3 a ° ° D E E % R 2 /.§ / /•§ w w ¥ u•- E 2 o o f > R » d J / < m G (3) v Ln O V) Q •� J Q) pj a'' 4-' cn = a v L-j O Qc N4 v O aA o a '^ L / Ln U M J 0� •� cc: z N O � Q) as a 1 v Q)a--j U Ln o Q) CT U F v Q) a 4--' v O o, cm 4- j C6 z '� to O � V) > � �' CC ,0 4-j U �C Ln 3 Q C6 a--� • v o a O � a, ca a, +j u a °' v o f6 a U OJ fp Ol O u O v (In i 0 co Eci a s a, a--+ v -j L - _ ci QJ s 1'' C� � 4-j Qj N ate►, O O U � O +, i 40 � �. i 4-1OJ O' i 4-1Q) Ln O Qj Lnn Q, O 4A O 0 o a, Qj4-1 s v a U 0v v s 4--) 0- o Qj � 4-1 c 0)O c^ � `�'> > p O� v s aA -0v� � s Ln N U a, -1►, •� �� O L W U '--- cn a--+ � �� �O v� � ro � .vLn of 4-1 o O a i >. a C� p %1- - s _ •� °Z� a� °v km U Q U Q L V > c 0- CL v 0 cry E O U z O LLJ a--) O 0 a� _O O .4-j Q) .V) 0 U U O O U L1J 0 0 v O O W 7D m b' 11 L C6 O 0 . h L 4--J, U �4-- O Ln U V) •— Q) 4--, U U U (� Q c6 � D C Q) v 0-0 �Ul) O � U N O V Q) v Q � 0 .Qj Q� m N 0) U N E bY 0 _ f6 FD a--+ O •> U a ca m C: 00 C: Z N U C6 N �0 U 0 4O •Lf) O Q -0-0 =3Q) V S-.- 0 W-0 N aJ N � C6 � • U CO cr- a v tLo � 0 N L. aj V O 4fto 0 i a 4- 0 v O� O v N N N C6 a-J U'N co 0- �— > 0 0'� O Q i Q -`� a, v.�0 N a-J —_ C _0 0 0 �NU_0 v�C:C '>E0 v"U " (3) -0 C6 a-N : -0 (3) wo.0 W v) aJ � ate., � f� 0 }, U 0�0}, �U U O N � _ Q) -0 ►-4 i a 0 H Ui 4-1 E 0 U f� 0 0 N ca C'6 v .(U 0 N aj L 0 aj N v z 0 0 N U 0 Ca c6 Ln �U �•— W . G) O a--+ � O O � N Q O 04— 0'i �O.�Q N CCU � 'Q)o00a1 -M ate--+ ro N� 0 �o°'o LEro QO 0•v i.� 04-J> �-0 N a..+ 0_0 "-0•> V) 0 ro 0 ate+ Z3 _0 ul fB ca N -0�c Ln Uru.�u� i U �U�'QE U -0 CT CL aJ (31 �C.� "< U N tu0 }' c6 O +, o N o ��-0; m o� �'o Ul 04- 0 Lf) � i 00 'v,a)ova) ca V) O E E��� o Qj U�� tZ0 —U�— L E •- .� E:U CL Q — �.L—E W. Q) C: 0 Qjo Q) m� �a-EO O4 a��U U a--+ , o U � U . � M -C ==3 �Evo i Ln hA+J z m ro � .� bn o� U E a) uu O Quo C) 4 j zz z o�'�� 8 c6 Q) N N v O m O ' � m V1 N N c6 CAA c6 NEW BUSINESS —10A ,-ARZEN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman. Finance Director Katlyn Adair, Accounting Clerk SUBJECT: Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motion to approve, table or deny the following: • Resolution 2023-016 certifying delinquent utilities to Ramsey County. All items need a simple majority for action unless otherwise noted. Background Delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated February 24, 2023 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by March 31, 2023. Utility accounts with an unpaid delinquent balance would be certified to Ramsey County to be added to property taxes payable in 2024. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. The list of remaining delinquent utility accounts is attached. The City will request that Ramsey County levy the delinquent balances against the respective properties. Attachments Attachment A: Resolution No. 2023-016 and Delinquent Utility Accounts List Page 1 of 1 Attachment A ARZEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-016 RESOLUTION ADOPTING AND CONFIRMING QUARTERLY SPECIAL ASSESSMENTS FOR DELINQUENT UTILITIES WHEREAS, the amount to be specially assessed for DELINQUENT UTILITIES has been duly calculated in accordance with the provisions of the Municipal Code and Minnesota Statues; and WHEREAS, notices have been duly mailed as required by law; and WHEREAS, said proposed assessments have at all times since their filing been open for public inspection, and an opportunity has been given to all interested parties to present objections if any, to the proposed assessments; and WHEREAS, there were no oral or written objections received. The amounts so calculated and set forth in said notices are hereby levied against the respective parcels of land described therein, and 2. The proposed assessments are hereby adopted and confirmed as special assessments for each of said parcels of land and the assessments together with an additional penalty of eight percent (8%) of the original unpaid amount, inclusive of any previous delinquency penalty, shall be a lien concurrent with general taxes upon such parcel. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City Administrator be authorized and directed to transmit to the County Auditor a certified duplicate of the assessment roll to be extended upon the property tax lists of the County, and the County Auditor shall collect said special assessments with taxes levied in 2023, payable in 2024: ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS loth DAY OF APRIL, 2023. ATTEST: JULIE HANSON, CITY CLERK DAVID GRANT, MAYOR 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. 343023210016 001920-000 343023230017 002369-000 223023240216 000223-000 223023240327 000376-000 223023240326 000375-000 223023240240 003444-000 223023240239 011640-000 223023240275 000290-000 223023240288 008584-000 223023240322 009989-000 223023210007 003937-000 223023210040 000398-000 223023210066 005371-000 223023210088 006007-000 223023210108 000502-000 223023210117 005368-000 223023240167 012351-000 333023310030 007153-000 343023140009 003823-000 343023140046 002424-000 283023310016 002879-000 213023410028 006494-000 343023410055 001808-000 223023310014 012582-000 223023320026 008331-000 343023210002 011863-000 343023210005 012664-000 343023330015 001629-000 333023330041 012811-000 343023240003 001775-000 333023340067 009129-000 333023330074 004091-000 283023140016 010222-000 283023240014 011678-000 333023240030 001805-000 333023240019 008210-000 333023240032 002096-000 223023340036 000231-000 163023340015 001285-000 333023240108 012524-000 223023340034 000355-000 213023430017 001534-000 213023430012 012516-000 333023340033 013088-000 223023120013 000569-000 223023120007 000990-000 333023110036 001551-000 333023340019 001880-000 333023340020 001884-000 333023420038 001969-000 333023240073 013074-000 283023120052 001575-000 283023410038 001344-000 223023330015 004713-000 223023320020 010860-000 223023320013 000743-000 213023140007 001276-000 213023140006 001271-000 343023330050 001671-000 343023220023 002089-000 343023310015 002293-000 333023320008 005251-000 283023330011 007090-000 283023330012 003256-000 213023430002 001315-000 223023420008 011756-000 1437 Arden Place 91.86 113.52 16.56 221.94 17.76 239.70 1532 Arden Place 82.55 82.74 16.56 181.85 14.55 196.40 4361 Arden View Court 63.71 71.80 21.48 156.99 12.56 169.55 4369 Arden View Court 59.06 84.12 21.48 164.66 13.17 177.83 4370 Arden View Court 77.77 86.22 21.48 185.47 14.84 200.31 4412 Arden View Court 138.66 164.31 21.48 324.45 25.96 350.41 4413 Arden View Court 88.11 105.28 21.48 214.87 17.19 232.06 4442 Arden View Court 96.00 120.47 21.48 237.95 19.04 256.99 4466 Arden View Court 84.57 120.47 21.48 226.52 18.12 244.64 4478 Arden View Court 119.69 137.43 21.48 278.60 22.29 300.89 1343 Arden View Drive 136.73 150.63 21.48 308.84 24.71 333.55 1354 Arden View Drive 67.18 76.92 21.48 165.58 13.25 178.83 1405 Arden View Drive 110.51 162.13 21.48 294.12 23.53 317.65 1432 Arden View Drive 77.11 116.77 21.48 215.36 17.23 232.59 1444 Arden View Drive 113.49 137.74 21.48 272.71 21.82 294.53 1450 Arden View Drive 84.54 104.99 21.48 211.01 16.88 227.89 1466 Arden View Drive 104.88 120.47 21.48 246.83 19.75 266.58 1827 Beckman Avenue 150.14 182.71 16.56 349.41 27.95 377.36 1115 Benton Way 186.85 126.70 16.56 330.11 26.41 356.52 1173 Benton Way 71.45 106.53 16.56 194.54 15.56 210.10 3786 Brighton Way 188.87 147.13 16.56 352.56 28.2 380.76 1675 Brueberry Lane 124.65 153.80 21.48 299.93 23.99 323.92 1171 Carlton Drive 335.49 277.57 16.56 629.62 50.37 679.99 1348 Colleen Avenue 128.54 155.14 16.56 300.24 24.02 324.26 1469 Colleen Avenue 161.66 131.91 16.56 310.13 24.81 334.94 1392 County Road E W 129.91 160.62 16.56 307.09 24.57 331.66 1412 County Road E W 103.09 120.47 16.56 240.12 19.21 259.33 1569 Edgewater Avenue 61.98 89.40 16.56 167.94 13.44 181.38 1976 Edgewater Avenue 504.64 308.94 16.56 830.14 66.41 896.55 3466 Glenarden Road 89.34 108.87 16.56 214.77 17.18 231.95 1927 Glenpaul Avenue 123.21 129.92 16.56 269.69 21.58 291.27 1960 Glenpaul Avenue 1,126.44 162.56 16.56 1,305.56 104.44 1,410.00 1670 Glenview Court 87.91 134.21 16.56 238.68 19.09 257.77 1836 Gramsie Road 163.64 120.47 16.56 300.67 24.05 324.72 1860 Grant Road 57.24 62.56 16.56 136.36 10.91 147.27 1873 Grant Road 66.78 76.63 16.56 159.97 12.8 172.77 1876 Grant Road 228.19 209.23 16.56 453.98 36.32 490.30 4101 Hamline Avenue N 97.51 120.63 16.56 234.70 18.78 253.48 4627 Highway 10 126.88 142.56 16.56 286.00 22.88 308.88 1850 Indian Place 361.24 156.01 16.56 533.81 42.7 576.51 4126 James Circle 221.82 152.90 16.56 391.28 31.3 422.58 1791 Janet Court 118.30 145.83 16.56 280.69 22.46 303.15 1810 Janet Court 158.65 140.13 16.56 315.34 25.23 340.57 1900 Jerrold Avenue 8.38 11.11 2.94 22.43 1.79 24.22 1307 Karth Lake Circle 149.57 178.82 16.56 344.95 27.6 372.55 1337 Karth Lake Circle 112.07 120.47 16.56 249.10 19.93 269.03 1611 Lake Johanna Boulevard 213.70 172.82 16.56 403.08 32.25 435.33 3211 Lake Johanna Boulevard 124.57 120.47 16.56 261.60 20.93 282.53 3223 Lake Johanna Boulevard 77.34 93.39 16.56 187.29 14.98 202.27 3290 Lake Johanna Boulevard 213.60 178.80 16.56 408.96 32.72 441.68 1891 Lake Lane 25.27 29.64 6.62 61.53 4.92 66.45 1761 Lake Valentine Road 155.33 143.60 16.56 315.49 25.24 340.73 3757 McCracken Lane 1.31 110.10 8.94 120.35 9.63 129.98 4149 Norma Avenue 71.82 82.89 16.56 171.27 13.7 184.97 4268 Norma Avenue 292.18 161.22 16.56 469.96 37.6 507.56 4283 Norma Avenue 681.77 526.11 16.56 1,224.44 97.96 1,322.40 4375 Old Highway 10 22.21 120.47 16.56 159.24 12.74 171.98 4401 Old Highway 10 22.21 120.47 16.56 159.24 12.74 171.98 3130 Ridgewood Road 59.02 65.21 16.56 140.79 11.26 152.05 3530 Siems Court 77.33 98.55 16.56 192.44 15.4 207.84 3354 Snelling Avenue N 60.49 67.63 16.56 144.68 11.57 156.25 2000 Stowe Avenue 101.20 126.59 16.56 244.35 19.55 263.90 1971 Thom Drive 72.18 84.50 16.56 173.24 13.86 187.10 2023 Thom Drive 152.80 175.97 16.56 345.33 27.63 372.96 4100 Valentine Crest Road 2.34 115.97 15.94 134.25 10.74 144.99 1281 Wyncrest Lane 152.93 120.47 16.56 289.96 23.2 313.16 9,620.46 8,804.71 1,139.88 19,565.05 1,565.25 21,130.30 NEW BUSINESS — IOB ,`iRZEN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-004 — Public Hearing Required Applicant: Alatus LLC Request: Conservation District Zoning Code Amendment Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: Adoption of Ordinances 2023-002 and 2023-003 as well as authorization to publish a Summary Ordinance for Planning Case 23-004 for Zoning Code Amendments in Sections 1305.04, 1320.04 — Subd. 17, 1320.05, 1320.15 of the Arden Hills City Code to allow Solar Energy System as a Conditional Use in the Conservation District. Approval for authorization to publish summary ordinance requires an affirmative vote of four councilmembers. Background Staff has prepared text amendments based on the Applicant's narrative as well as a few other text amendment considerations for "Solar Energy System" language within Sections 1305.04 Definitions, 1320.04 Purpose of Districts, 1320.05 Land Use Chart and 1320.15 Special Requirements for the CD. Applicant's Narrative: 1) Add a definition for Solar Energy System - Section 1305.04 Definitions a. Solar EnerSystem: A system or set of devices whose primary purpose is to collect, convert, store and distribute solar energy, including for heating and cooling of buildings, electricity generation, water heating and other energy -using processes. 2) The Land Use Chart within Section 1320.05 would be amended to include solar energy system: a. Add a land use category for Solar Energy System as a Conditional Use (CUP) under the CD. Page 1 of 3 Additional Code Amendments to consider: 3) Revise the purpose statement for the Conservation District in Section 1320.04, Subd. 17 a. Add a new paragraph B stating that the District provides for areas for the development of solar energy systems. 4) Amend Section 1320.15 Special Requirements for the CD a. Create a new Subdivision 3 that outlines special CUP requirements for Solar Energy Systems. This provision should address future review standards for solar energy. Proposed language: A Solar Energy System shall be evaluated as part of the Conditional Use Permit review for development consistent with the District Requirements as outlined in Section 1320.03 and the City Council through the CUP may allow flexibility to design standards including but not limited to setbacks, lot coverage, height, access, size, screening, and fencing based upon site suitability and abutting properties and area. Suggested Findings of Fact The Planning Commission reviewed this application at their March 8, 2023, meeting and have offered the following findings of fact for your consideration. General Findings: 1. Alatus, LLC, The Applicant, is proposing amendments to the language of Chapter 13 — Zoning Code of the City Code. 2. Currently, Section 1305.04 does not include a definition for Solar Energy System. 3. The Applicant is proposing the City amend the zoning code to add a definition for Solar Energy System to Section 1305.04 of the Zoning Code. 4. Under the City's Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Conservation District. 5. The Applicant is proposing an amendment to alter the Land Use Chart in Section 1320.05 of the Zoning Code to allow a Solar Energy System as a Conditional Use in the Conservation District. 6. The City is proposing to add Solar Energy System design standards to Section 1320.15 — Special Requirements for the Conservation District. 7. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 8. If the zoning amendments were approved, an Applicant would be required to submit a Conditional Use Permit land use application for the permitting of a Solar Energy System within the Conservation District. 9. The Planning Commission conducted a public hearing on March 8, 2023. Options and Motion Language The Planning Commission reviewed this application at their March 8, 2023 meeting. At that time, they recommended approval as requested of Planning Case 23-004 from Alatus LLC for zoning code amendments to Chapter 13 to allow Solar Energy System as a Conditional Use in the Conservation District by a 5-0 vote. The following are motion language options for the City Council to consider. Page 2 of 3 • Approval: Motion to adopt Ordinances 2023-002 and 2023-003 as well as authorization to publish a Summary Ordinance for Planning Case 23-004 for Zoning Code Amendments in Sections 1305.04, 1320.04 — Subd. 17, 1320.05, 1320.15 of the Arden Hills City Code to allow Solar Energy System as a Conditional Use in the Conservation District, based on the findings of fact and the April 10, 2023 Report to the City Council. • Approval with Amendments: Motion to adopt Ordinances 2023-002 and 2023-003 as well as authorization to publish a Summary Ordinance for Planning Case 23-004 for Zoning Code Amendments in Sections 1305.04, 1320.04 — Subd. 17, 1320.05, 1320.15 of the Arden Hills City Code to allow Solar Energy System as a Conditional Use in the Conservation District, based on the findings of fact and the April 10, 2023 Report to the City Council with amendments. • Denial: Motion to deny Planning Case 23-004 for Zoning Code Amendments in Sections 1305.04, 1320.04 — Subd. 17, 1320.05, 1320.15 of the Arden Hills City Code to allow Solar Energy System as a Conditional Use in the Conservation District, based on the findings of fact: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-004 for Zoning Code Amendments in Sections 1305.04, 1320.04 — Subd. 17, 1320.05, 1320.15 of the Arden Hills City Code for the following reasons: a specific reason and information request should be included with a motion to table. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on February 14, 2023. Pursuant to Minnesota State Statute, the City must act on this request by April 14, 2023 (60 days). Budget Impact 110M Attachments A) Ordinance 2023-002 B) Ordinance 2023-003 C) Summary Ordinances 2023-002 and 2023-003 D) Presentation Page 3 of 3 'It -ARPEN HILLS ORDINANCE NO.2023-002 Attachment A CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, SECTION 1305, SUBSECTION 1305.04 OF THE ARDEN HILLS CITY CODE REGARDING RULES, SCOPE, INTERPRETATION, & DEFINITIONS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 — Zoning Code, Section 1305 — Rules, Scope, Interpretation, & Definitions, Subsection 1305.04 - Definitions, is hereby amended adding the following underlined definition: • Solar Energy System. A system or set of devices whose primary purpose is to collect, convert, store and distribute solar energy, including for heating and cooling of buildings, electricity generation, water heating and other energy -using processes. SECTION 2. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this 10th day of April, 2023, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Ordinances via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage 225613v1 'It -ARPEN HILLS ORDINANCE NO.2023-003 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment B AN ORDINANCE AMENDING CHAPTER 13, SECTION 1320, SUBSECTIONS 1320.04, 1320.05 AND 1320.15 OF THE ARDEN HILLS CITY CODE REGARDING DISTRICT PROVISIONS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 — Zoning Code, Section 1320 — District Provisions, Subsection 1320.04 — Purpose of Districts, is hereby amended by adding the underlined language as follows: 1320.04 Purpose of Districts. Subd. 17 CD Conservation District A. To provide a "holding" zone for federally owned lands on the Arden Hills Army Training Site to ensure that future development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas generally determined to be unsuitable for development due to the presence of wetlands, floodplains, steep slopes, certain drainage and soil conditions, and critical wildlife habitat. B. To provide for areas for the development of solar energy systems. SECTION 2. Chapter 13 — Zoning Code, Section 1320 — District Provisions, Subsection 1320.05 — Land Use Chart, is hereby amended by replacing the chart in its entirety as follows: 1320.05 Land Use Chart. See attached Attachment "A" for the Land Use Chart with the addition of Solar Energy Systems as a Conditional Use. SECTION 3. Chapter 13 — Zoning Code, Section 1320 — District Provisions, Subsection 1320.15 — Special Requirements for the Conservation District, is hereby amended by adding the underlined language as follows: 1320.15 Special Requirements for the Conservation District. Page 1 of 2 225614v1 Subd. 3 Conditional Uses. Conditional Uses are allowed as specified in the Land Use Chart, Section 1320.05, for the CD District. However, this Code specifies additional requirements for a solar energy system. A. Solar Energy Systems shall be evaluated as part of the Conditional Use Permit review for development consistent with the District Requirements as outlined in Section 1320.03 and the City Council through the CUP may allow flexibility to design standards including but not limited to setbacks, lot coverage, height, access, size, screening, and fencing based upon site suitability and abutting properties and area. SECTION 4. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this 10th day of April, 2023, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Ordinances via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage Page 2 of 2 225614v1 ATTACHMENT "A" 1320.05 Land Use Chart. (revised 03/02/23) Uses: Zoning Districts: - I R- 2 - 3 - 4 NB - I - 2 - 3 - 4 CC GB -1 -2 II -FLEX CD POS INST Antenna, Dish or Tower CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA Boarding house C C C C = _ _ _= C rewpub = __ __ — = C C C Business service = _ _ — P P P C P P P P Clinic, medical office = __ __ _=P P P P P C P P P P Club or lodge (non-profit) _ __ __ _= P P P � C —_ __ _ _ Club , sports & fitness = __ __ _= A P P P C P P = Commercial recreation - indoor = __ __ __ -- _= P P P -- _= P Daycare Facility, over 10 =_ __ __ _= P P P P P == P P P P Day care, family - 10 or less A A A A A =_ Day care, group family - 14 or ess CA CA CA CA CA = CA Dog kennel — __ __ __ = C C = _ _ — _ _ __ _ Dog run A A A — rive -up windows =_ __ __ __ = C C C == A "Dry cleaning & laundry, pick- p station" _ __ __ _= C == A A=_ -- A "Dry cleaning & laundry, self- service laundry" __ __ __ _= C == C C =_ -- __ _ _ _ _ __ -- Dwelling: density zoning D D D D Dwelling: multiple family =_ _= C C C = C = _= C C Dwelling: single-family attached C C D D Dwelling: single-family detached P P P P Dwelling: two-family C C P P C Dwelling: live -work unit = __ __ _= C Financial institution & service = __ __ _= P P P P P C P P P P Garage, truck = __ __ __ __ __ —_ __ = C C Higher Education, Campus = __ __ __ _ __ __ —_ __ _ __ _ _ _ _ _= C Home occupation: Class I A A A A =_ __ _ = A Home occupation : Class II CA CA CA CA CA = __ —_ = C Hospital Hotel/motel � __ __ __ = C P C C C = = C House of worship C C C C C C C C C C = = C =— Manufactured home park = _= C Manufacturing & processing : Class I _ __ __ __ =A A A == P P P P Manufacturing & processing: Class II _ __ __ __ _ _ _ __ _ _= P Page 1 of 2 Micro brewery =_ __ __ __ __ _= C C C == C =_ _= C Micro distillery =_ __ __ __ __ _= C C C == C =_ _= C Mortuary, funeral home =_ __ __ __ __ _= P P == C =_ __ __ __ __ __ Multiple occupancy building =_ __ __ _= C C C C I C C C C C C Nursery C C C C =_ == __ __ __ __ __ __ __ __ Nursing home and assisted living C C C C =_ _= D =_ _= C Office =_ __ __ _= P P P P P P P P P P Pawnshop =_ __ __ __ __ __ =_ =_ __ __ __ __ __ __ _= P =_ Personal services =_ __ __ _= C A P P P C P =_ __ A Public use C C C C C C C C C C C C C C Research and development facility =_ __ __ _= C P C C C == P P P P C C =_ Research animals =_ __ __ __ __ _= C =_ __ __ _= C C Residence Hall, dormitory =_ __ _= C == C Residential facility, state licensed, serving 1- 6 P P P P P -- P -- -- -- -- -- -- -- -- -- -- Residential facility, state licensed, serving 7- 16 C C C C C == C Restaurant and restaurant -fast food =_ -_ __ _= C A P P P C P C C Retail sales & service =_ __ __ _= P A P P P C A A A A School, general education C C C C =_ __ __ __ _= C School, specialized education =_ __ __ __ _= C C C C C Service station =_ __ __ __ __ _= C C =_ _= C C C Solar Energy System __ __ __ __ __ __ __ __ __ __ __ __ __ __ C Storage, exterior __ __ __ __ __ __ __ __ __ __ __ __ CA Studio =_ __ __ _= C C P P P C Theater, indoor =_ __ __ _= A C P == C Thrift Store __ __ __ __ __ __ __ __ C =_ __ __ _= C Utility distribution line P P P P P P P P P == P P P P A P =_ Utility substation __ __ __ __ __ __ __ __ __ __ _= C C Utility transmission C C C C C C C C C == C C C C C C =_ Vehicle - motorized, leasing and rentals ehicle - motorized, service =_ __ __ __ __ _= C C Warehousing =_ __ __ __ _= A A A A == C P P C __ __ "P" = Permitted; "D" = Planned Unit; "== " = Not Permitted; "C" = Conditional Use Permit; "A" = Accessory; "CA"= Conditional Accessory Use Permit, "I" = Interim Use Permit" Page 2 of 2 ,ARkEN.HILLS Attachment C SUMMARY ORDINANCE NOS. 2023-002 AND 2023-003 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1305, SUBSECTION 1305.04 AND SECTION 1320, SUBSECTIONS 1320.04,1320.05 AND 1320.15 OF THE ARDEN HILLS CITY CODE NOTICE IS HEREBY GIVEN that, on April 10, 2023, Ordinance Nos. 2023-002 and 2023-003 were adopted by the City Council of the City of Arden Hills, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance Nos. 2023-002 and 2023-003, the following Summary of the ordinances has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinances adopted by the City Council adds the following: • Definition of Solar Energy System to Section 1305.04; • CD Conservation District to Subsection 1320.04 to provide for areas for the development of solar energy systems; • Solar Energy System to the Land Use Chart in Subsection 1320.05; and • Special Regulations for Conditional Uses to the Conservation District to Subsection 1320.15 which specifies additional requirements for the Solar Energy System to be evaluated as part of a Conditional Use Permit. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours at the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112. The Ordinances are also available on the City's website at http://www.cityofardenhills.com. APPROVED for publication by the City Council of the City of Arden Hills, Minnesota, this loth day of April, 2023. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk Published in the Pioneer Press on April 12, 2023 21R657v1 Attachment D U Q) � O I m can � U Q GJ — ca Q O 1 O V }; N }, DC � r th fa N Q Cr oO a= Q oc<u 1 Ln m O 1, T � O O C: m aD O •� O N � 0 Ln O - N O 4A Co . 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V) v ON 0 M Ln j O O i oN °�'' v 0 U s o � Qj —_0 v Q I i O O N a O Ln a O Ln U O `ti m � N .- a cN 0 O N � E a) � � O E o 0 Q N a) � v _0 a U 0 +� � O O � � O U O N � O O U L4-- N a � =s O = O M O a) r14 -0 a) " Ln Q O � N v W 4s-+ �0°' Ln -rz d O p N v cn r-I 4- a � � 00 a No v O M o o E �_ �� o 0 tN a-J Q� E a) Q Q� O U tZ0 �0 N O0 O • � m V1 N N c6 CAA c6 'It EN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-003 — Public Hearing Required Applicant: Mike Mezzenga Property Location: 1174 Edgewater Avenue Request: Minor Subdivision and Variance Budgeted Amount: N/A Council Should Consider NEW BUSINESS — IOC Actual Amount: Funding Source: N/A N/A Motion to approve, table, or deny the following • Planning Case 23-003 and adoption of Resolution 2023-017 for a Minor Subdivision and Variance for the property located at 1174 Edgewater Avenue ("Subject Property"). The Minor Subdivision and Variance would allow for the splitting of the Subject Property into two parcels for future development with single-family residential buildings. Background 1. Overview of Request Mike Mezzenga ("The Applicant") has requested the approval of a Minor Subdivision and Variance for the property located at 1174 Edgewater Avenue ("Subject Property"). The Applicant is proposing to split the property into two lots for future redevelopment with single- family residential dwellings. To construct this proposal, the Applicant is seeking three variances based on applicable zoning code definitions and minimum lot standards. 1) Lot Width: The R-2 Zoning District minimum lot width shall be 85 feet. The Applicant is requesting a variance for Lot B to decrease the lot width to allow 60 feet as measured abutting Edgewater Avenue. Page 1 of 4 2) Lot Depth: The R-2 Zoning District minimum lot depth shall be 120 feet. The Applicant is requesting a variance for Lot A to decrease the lot depth as defined by code to 103 feet and to consider the east and west orientation of the lot at a depth of 188 feet in satisfaction of this requirement. 3) Rear Yard Setback: The R-2 Zoning District minimum rear yard setback is 30 feet. The Applicant is a variance for Lot A and Lot B to decrease the rear yard setback to 5 feet as measured from the south property line. The Applicant is requesting consideration of the west property line abutting Lake Josephine in satisfaction of this requirement. Findings of Fact The Planning Commission reviewed this application at their March 8, 2023 meeting and have offered the following findings of fact for your consideration: General Findings: 1. The Subject Property at 1174 Edgewater Avenue is located in the R-2 — Single and Two Family Residential Zoning District. 2. The Arden Hills 2040 Comprehensive Plan designates the Subject Property as LDR — Low Density Residential. 3. The Applicant has submitted a land use application for a Minor Subdivision to subdivide the Subject Property into two (2) lots and is requesting a variance to the required R-2 Zoning District lot width, lot depth, and rear yard setback. 4. The property is properly guided and zoned for the development of single- family residential dwellings. 5. The request proposes to use the properties in a reasonable manner allowed by code as a single-family dwelling. 6. The Owner of the unplatted lot to be divided has filed with the Zoning Administrator a registered land survey of the lot to be divided. 7. The proposed Minor Subdivision would not require a front yard or side yard setback variance and as conditioned would comply with Shoreland Regulations. 8. The Applicant states the proposed single-family dwellings on the Subject Property would conform to all other requirements and standards of the R-2 Zoning District. 9. The proposed division will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 10. The Planning Commission conducted a public hearing on March 8, 2023. Variance Findings: 11. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 12. The variance would be consistent with the City's Comprehensive Plan because it meets the City's housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City's established neighborhoods. 13. A single-family dwelling is a permitted use within the R-2 Zoning District. 14. The Applicant states the proposed single-family dwellings would not alter the essential character of the neighborhood because the configuration of future development on the Page 2 of 4 Subject Property in the east and west configuration would be consistent and compatible with the neighborhood. 15. The variance request is not based on economic considerations alone. Options and Motion Language The Planning Commission reviewed this application at their March 8, 2023 meeting. At that time, they recommended approval with conditions of the application from Mr. Mezzenga for a Minor Subdivision and Variance by a 4-1 vote. The following are motion language options for the City Council to consider. • Approve with Conditions: Motion to approve Planning Case 23-003 and Resolution 2023-017 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue, based on the findings of fact and the submitted plans, as amended by the conditions below: 1. The Applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City's approval. 2. The Applicant shall record the drainage and utility easements as required under the Subdivision ordinance on the recorded survey with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City's approval. 3. The Applicant shall pay the required park development fee of $6,500 for Tract B prior to issuance of permits for either lot within the Minor Subdivision. 4. Monument stakes shall be installed to demarcate the property lines between Tract A and Tract B. 5. A Building Permit shall be required on each lot for construction of the new dwelling. 6. The proposed buildings shall conform to all other standards and regulations in the City Code. 7. A Grading and Erosion permit for each lot shall be obtained from the City's PW/Engineering Division prior to commencing any grading, land disturbance or utility activities. 8. Upon completion of grading and utility work on the site, a grading as -built and utility as -built shall be provided to the City. 9. Final grading, drainage, and utility plans shall be subject to approval by the Public Works Director/City Engineer prior to the issuance of a grading and erosion control permit or other development permits. 10. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicant during construction to ensure that sediment and storm water does not leave the project site. 11. The Applicant shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 12. A separate right-of-way permit for each lot shall be required for work performed within the City right-of-way. 13. The Applicant shall be responsible for obtaining a Sanitary Sewer Connect Permit. 14. The Applicant shall be responsible for obtaining a Water Connect Permit. Page 3 of 4 15. Prior to the issuance of a building permit, the Applicant shall be financially responsible for 100 percent of all applicable sewer connection, sewer availability, water connection, water availability and Metropolitan Council SAC charges. 16. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling on Tract A and Tract B. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. 17. Future development on Tract A would be evaluated as presented in Site Plan B designating the north and east elevations as the required front yards. 18. Future development on Tract B would be evaluated as presented in Site Plan B designating the north and east elevation as the required front yards. 19. The Minor Subdivision shall be required to comply with all applicable provisions of Section 1330, Shoreland Regulations and the Applicant is to submit an updated certificate of survey in satisfaction of these requirements prior to issuance of any building permits for the new home construction on Tract A or B. 20. Tract A as shown on Site Plan B as measured from the south property line shall adhere to a side yard setback of no less than 10 feet. • Approve as Submitted: Motion to approve Planning Case 23-003 and Resolution 2023-017 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue, based on the findings of fact and the submitted materials. • Deny: Motion to deny Planning Case 23-003 and Resolution 2023-017 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-003 and Resolution 2023-017 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue: a specific reason and information request should be included with a motion to table. Deadline for Ai!ency Action The City of Arden Hills received the completed application for this request on February 17, 2023. Pursuant to Minnesota State Statute, the City must act on this request by April 16, 2023 (60 days). Attachments A. Resolution 2023-017 B. Presentation Page 4 of 4 'It -flRQENHILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-017 Attachment A RESOLUTION APPROVING A MINOR SUBDIVISION AND VARIANCE FOR 1174 EDGEWATER AVENUE WHEREAS, City Staff received a complete land use application for a Minor Subdivision and Variance request on February 17, 2023, from Mike Mezzenga ("Applicant"), for the property located at 1174 Edgewater Avenue ("Subject Property"). The Minor Subdivision and Variance would allow for the splitting of the Subject Property into two parcels, as depicted on the attached Exhibit "A"; and WHEREAS, to construct this proposal, the Applicant is seeking three variances based on applicable zoning code definitions and minimum lot standards; 1) Lot Width: The R-2 Zoning District minimum lot width shall be 85 feet. The Applicant is requesting a variance for Lot B to decrease the lot width to allow 60 feet as measured abutting Edgewater Avenue; 2) Lot Depth: The R-2 Zoning District minimum lot depth shall be 120 feet. The Applicant is requesting a variance for Lot A to decrease the lot depth as defined by code to 103 feet and to consider the east and west orientation of the lot at a depth of 188 feet in satisfaction of this requirement; 3) Rear Yard Setback: The R-2 Zoning District minimum rear yard setback is 30 feet. The Applicant is a variance for Lot A and Lot B to decrease the rear yard setback to 5 feet as measured from the south property line. The Applicant is requesting consideration of the west property line abutting Lake Josephine in satisfaction of this requirement; and WHEREAS, pursuant to Minnesota State Statute, the City must act on this request by April 16, 2023 (60 days); and WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 1000 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that does require a public hearing; and WHEREAS, the City's obligation has been met where the Arden Hills Planning Commission duly held a hearing on March 8, 2023. All persons present at said meeting were given an opportunity to be heard and present written statements; and Page 1 of 3 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. WHEREAS the Planning Commission considered the Applicant's request for a Minor Subdivision and Variance and, as such voted 4-1 in favor of recommending approval with conditions. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Herby adopts Resolution 2023-017 approving Planning Case 2023-003 for a Minor Subdivision and Variance of the Subject Property at 1174 Edgewater Avenue to subdivide the parcel into two parcels for future development with single-family residential dwellings. BE IT FURTHER RESOLVED that City Council approves Planning Case 23-003 for a Minor Subdivision and Variance on the Subject Property at 1174 Edgewater Avenue, based on the findings of fact and the submitted plans in the April 10, 2023 Report to the City Council, as amended by the following conditions: 1) The Applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City's approval. 2) The Applicant shall record the drainage and utility easements as required under the Subdivision ordinance on the recorded survey with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City's approval. 3) The Applicant shall pay the required park development fee of $6,500 for Tract B prior to issuance of permits for either lot within the Minor Subdivision. 4) Monument stakes shall be installed to demarcate the property lines between Tract A and Tract B. 5) A Building Permit shall be required on each lot for construction of the new dwelling. 6) The proposed buildings shall conform to all other standards and regulations in the City Code. 7) A Grading and Erosion permit for each lot shall be obtained from the City's PW/Engineering Division prior to commencing any grading, land disturbance or utility activities. 8) Upon completion of grading and utility work on the site, a grading as -built and utility as -built shall be provided to the City. 9) Final grading, drainage, and utility plans shall be subject to approval by the Public Works Director/City Engineer prior to the issuance of a grading and erosion control permit or other development permits. 10) Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicant during construction to ensure that sediment and storm water does not leave the project site. Page 2 of 3 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. 11) The Applicant shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 12) A separate right-of-way permit for each lot shall be required for work performed within the City right-of-way. 13) The Applicant shall be responsible for obtaining a Sanitary Sewer Connect Permit. 14) The Applicant shall be responsible for obtaining a Water Connect Permit. 15) Prior to the issuance of a building permit, the Applicant shall be financially responsible for 100 percent of all applicable sewer connection, sewer availability, water connection, water availability and Metropolitan Council SAC charges. 16) A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling on Tract A and Tract B. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. 17) Future development on Tract A would be evaluated as presented in Site Plan B designating the north and east elevations as the required front yards. 18) Future development on Tract B would be evaluated as presented in Site Plan B designating the north and east elevation as the required front yards. 19) The Minor Subdivision shall be required to comply with all applicable provisions of Section 1330, Shoreland Regulations and the Applicant is to submit an updated certificate of survey in satisfaction of these requirements prior to issuance of any building permits for the new home construction on Tract A or B. 20) Tract A as shown on Site Plan B as measured from the south property line shall adhere to a side yard setback of no less than 10 feet. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS LOTH DAY OF APRIL, 2023. David Grant, Mayor ATTEST: Julie Hanson, City Clerk Page 3 of 3 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. EXHIBIT "A" TO RESOLUTION NO. 23-017 REGISTERED LAND SURVEY NO. i es L—_ _-- -----_ \ cnvr:HnMew, LnT ------------------------- .. ... �9ENI�AWI[ -- �� rawwsrriF 3u n I ..., �,�. TRACT A aRu3vc etas tiNORTHp, ...,.w ,.— — — — — -- \ TRACT 0 R0.NM 23 �e e� aocinnn; /�.�...�,... ----- 0 a...ti^YICINIfPERP��,o,.,.,„w ,�&QL NIIN a SONS, INS '^ ProteSSIDnal Land Surveyors b ca p cc w O W •- M� can •E v m O �j V a-+ C W i — ca Q C- m G1 . ca L. O > a Q oc > a Q O QL —_ . 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Discussion This item was requested by a member of the Council for tonight's meeting. At the March worksession, the City Council discussed holding a survey either related to TCAAP or doing one City-wide. That memo is attached for reference under Attachment A. At the worksession, Staff was directed to have the survey be part of the upcoming Council retreat. Should Council want to move this forward tonight, it should consider providing the following direction: • Does the Council want the survey done internally or by a consultant? • Is the survey focused on TCAAP only, or City-wide? • If we do use a consultant, are there parameters to consider when seeking proposals or particular topics of interest? • If we do use a consultant, how does Council want to review proposals? Is Staff selecting the final proposal for approval, or does the Council or a sub -set of the Council want to review proposals? • What is the timeline for this process? Page 1 of 2 Budget Impact Currently, the City does not have a survey budgeted and it can be anticipated that a community - wide survey would cost in the realm of $30,000. Attachment Attachment A: March 201h Survey Discussion Memo Page 2 of 2 Attachment A -731�EN HILLS MEMORANDUM DATE: March 20, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Arden Hills Survey Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council should consider providing direction on bringing back more information on a survey (TCAAP specific or community -wide). Background At the last City Council meeting, the Council directed Staff to bring back a discussion at the work session on a possible survey of Arden Hills' residents. The discussion at the Council meeting stemmed from a resident comment regarding surveying current residents and what they would like to see happen on TCAAP. Following those comments, it was also discussed in the context of a community -wide survey, which would go beyond TCAAP and open up feedback for the community as a whole. Some other cities do similar surveys, for example, Little Canada does a community survey every five years with Morris Leatherman. Their last survey was in 2018 and was roughly $25,000. If Council would like to do a survey (TCAAP or community -wide), Staff would recommend engaging with a professional group such as Morris Leatherman or Polco. An example of Little Canada's survey with Morris Leatherman can be found here (http://www.littlecanadamn.org/505/Community-Survey) and here is a link to Shoreview's Polco page (hgps://polco.us/n/res/profile/shoreview-mn). A survey could be conducted internally, but would require a large commitment from Staff and Council. Should Council want to move forward with a consultant to assist with the survey, at a following work session we could invite the consultants in to give a brief presentation or simply request proposals from each. To move this item forward, Staff would need direction on the following: Does Council want to do a survey? o Is the survey specific to TCAAP or is Council envisioning a larger community -wide survey? Does Council want to engage with a consultant to assist with the survey? Page 1 of 2 o If so, how does Council want to review proposals? o If Council wants to conduct the survey internally, does Council want to assign one or two Councilmembers to assist with development of questions, methodology, and rollout and marketing of the survey? What is the timeline for this survey? Budget Impact Currently, the City does not have a survey budgeted and it can be anticipated that a community - wide survey would cost in the realm of $30,000. Attachment N/A Page 2 of 2 NEW BUSINESS —10E , AZEN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Resolution 2023-018 Condemning Discriminatory Covenants and Approving Participation in the Just Deeds Coalition Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Resolution 2023-018 Condemning the Use of Discriminatory Covenants, Discharging Discriminatory Covenants on City -Owned Property, and Approving Participation in the Just Deeds Coalition Background At its March worksession, the City Council discussed participation with Just Deeds to assist residents with discharging discriminatory covenants on their property. The memo from the March worksession is attached under Attachment B, this memo provides background on discriminatory covenants and the Just Deeds organization. In short, through the first half of the 201h century, discriminatory covenants were included in deeds to homes that precluded non -white ownership and rentals. Today, enforcement of those covenants is prohibited under Federal law; however, those covenants, while unenforceable, may still exist in the original deed language. This is true for many parts of Ramsey County, including Arden Hills. Tonight's action would be joining a number of cities and Ramsey County to support an organization called Just Deeds (https:Hjustdeeds.org�. Just Deeds works with residents at no -cost to discharge these covenants from their Deeds. The attached resolution has been provided by Just Deeds for consideration. If passed, the City will assist in marketing the program to residents via its website, newsletter, and social media platforms. The City will also work towards discharging any discriminatory covenants that may exist on its properties, too. Budget Imbact N/A Attachments Attachment A: Resolution 2023-018 Attachment B: March 20, 2023 Deed Restrictions Memo Page 1 of 1 "Ott -z1�ENf HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-018 Attachment A RESOLUTION CONDEMNING THE USE OF DISCRIMINATORY COVENANTS, DISCHARGING DISCRIMINATORY COVENANTS ON CITY -OWNED PROPERTY, AND APPROVING PARTICIPATION IN THE JUST DEEDS COALITION WHEREAS, discriminatory covenants were tools used by real estate developers to prevent BIPOC and non-Christian individuals from buying or occupying property in certain areas, and they were common throughout the United States from the early 1900s to the 1960s; and WHEREAS, the purpose of discriminatory covenants was to explicitly exclude BIPOC and non-Christian individuals from living in Arden Hills. These tools segregated the metro area and built a hidden system of apartheid; and WHEREAS, in 2016, the University of Minnesota founded Mapping Prejudice to expose the racist practices that shaped the landscape of the metro area. Mapping Prejudice researched restrictive covenants in Hennepin County and created the first -ever comprehensive map of racial covenants in an American county. The project mapped 24,131 covenants in Hennepin County, and over 2,000 covenants in Ramsey County; and WHEREAS, it is historically understood that local leaders knew about the use of discriminatory covenants and sanctioned their use. While no specific examples could be located in City of Arden Hills records, such covenants were used before Arden Hills was incorporated as a city; and WHEREAS, the City of Arden Hills may own parcels of land that contain a discriminatory covenant; and WHEREAS, restrictive covenants are no longer enforceable. Legal efforts to eliminate Discriminatory Covenants include Shelley v. Kraemer, 334 U.S. 1 (1948), in which the United States Supreme Court prohibited courts from enforcing Discriminatory Covenants and the Minnesota legislature in 1953 enacted statutes that prohibited new covenants, but existing covenants were still legal in Minnesota until 1962; and WHEREAS, as a result of these judicial and legislative actions, today, Minnesota law and federal law prohibit discrimination in the sale or lease of housing based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status and those state and federal prohibitions extend to the refusal Page 1 of 3 122315740 to sell or to circulate, post or cause to be printed, circulated, or posted, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; and WHEREAS, in 2019, the Minnesota Legislature passed a law authorizing property owners to individually discharge or renounce discriminatory covenants by recording a discharge form in the county property records; and WHEREAS, the use and approval of restrictive covenants to prohibit non -white and non- Christian persons from living in Arden Hills is key example of systemic racism in practice, as, white residents, at the time, expected Council members, legislators, developers, and real estate agents to empower or not interfere with efforts to maintain an all -white community, and the effects are still visible today; and WHEREAS, discriminatory covenants promoted and established residential racial segregation, which historically and currently has impacted property ownership, accumulation of generational wealth, property transfers, mortgage eligibility, rental eligibility, property values, property tax base, internet access, access to quality education, and more. Discriminatory covenants fortified systemic racism and compounded economic divestment in specific communities within Hennepin County; and WHEREAS, discriminatory covenants created demographic patterns that remain in place today. Due in part to this historical practice, the population of the City of Arden Hills is less racially diverse than the populations of Ramsey County and the state of Minnesota; and WHEREAS, in 2021, the Just Deeds project was launched to provide educational opportunities for Minnesota communities the racist history of discriminatory covenants and to provide free legal and titles services to help residents find discriminatory covenants and acknowledge this practice through discharge of the covenants; and WHEREAS, the City of Arden Hills desires to participate in this project in collaboration with its residents. NOW, THEREFORE, BE IT RESOLVED be it resolved by the City Council of the City of Arden Hills, Minnesota: 1. The City of Arden Hills, recognizes the lasting harm that Discriminatory Covenants —and the racial, religious, and other discriminatory practices that they represent —cause to society in general and to the individuals who are adversely affected by racial, religious, and other discrimination through the presence of discriminatory covenants in the public land records. 2. The City of Arden Hills renounces and condemns the past use of discriminatory covenants and prohibits discriminatory covenants from being used in Arden Hills in the future. The City of Arden Hills commits to exploring and acknowledging its history as it relates to the imposition of discriminatory covenants in Arden Hills and its role in sanctioning or approving such practices. Page 2 of 3 122315740 3. The City Attorney is directed to investigate and to identify any real property owned or leased by the City that contains discriminatory covenants and to prepare and record an affidavit or request an examiner's directive discharging such discriminatory covenants pursuant to Minnesota Statute § 507.18, subd. 5. 4. City staff is directed to participate in the work of the Just Deeds Coalition to educate the community about this and other historically discriminatory practices; to review city code and ordinances with a lens towards racial equity; to identify contemporary discriminatory systems, policies, and practices; and to take action to dismantling racist systems, practices, and policies in the City of Arden Hills to create equity for all. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS LOTH DAY OF APRIL, 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. Page 3 of 3 122315740 Attachment B 'It ,-iREN HILLS MEMORANDUM DATE: March 20, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Removal of Deed Restrictions Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council should consider providing direction on engaging with Just Deeds and providing residents the option to remove racial covenants from their home deeds. Background Council recently directed Staff to look at working with Just Deeds to assist residents with removing racial covenants on their home deeds. Through the first half of the 201h century, it was not uncommon for home builders, real estate, agents, and even units of government to have racial covenants included in deeds to homes that precluded non -white ownership and rentals. While federal and state law prohibit the enforcement of such covenants today, some may still exist in the original deed language. Across Ramsey County, and including Arden Hills, there are deeds that still include these covenants. Ramsey County has partnered with the organization Just Deeds, https:Hjustdeeds.org/ to provide residents with a simple, no cost way to remove these covenants from their deeds. Other cities, such as, Shoreview, Falcon Heights, and Roseville have partnered with Just Deeds. There is no cost to the City, but the City would need to pass a resolution of support, and also help market and promote the service to its residents. From there, residents would work directly with Just Deeds on removing any racial covenants from their deeds. Residents interested in seeing if their property has a racial covenant can visit the U of M's mapping prejudice webpage, https:Hmgppingprejudice.umn.edu/, which is working to identify properties with covenants. Assuming Council wants this to move forward, Council should give direction on whether or not it would like a formal presentation from Just Deeds at a Council meeting or simply pass the resolution on consent and move forward. Budget Impact No known budget impacts at this time Attachment 11D Page 1 of 1 NEW BUSINESS —10F ,--ARZEN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Request for Proposal for Attorney Services Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Staff drafting an updated Request for Proposal (RFP) for attorney services for future Council approval. Background This was requested by a Councilmember for tonight's agenda. The City Attorney, Joel Jamnik, has announced his retirement with cities he serves, but is planning to serve Arden Hills through at least the end of the year. The last time the City did an RFP for attorney services was in 2017, that proposal is attached for reference under Attachment A. In 2017, the City chose to remain with both Campbell Knutson as its Civil Attorney and Kelly and Lemmons as its Prosecuting Attorney (both firms still serve the City in their respective capacities). Tonight's action would direct Staff to move forward with drafting an updated RFP for attorney services for future approval by Council. Council should consider the following if it moves this item forward: • Does Council want to do an RFP for both civil and prosecution? • What timeframe does Council want to consider? If we move this forward now, are we still using the current attorney through the end of the year? Budget Impact Budget impacts would be based on new rates for attorneys, our current rates are $155 per hour for civil and $90 per hour for prosecuting, along with other rates for support staff. Attachments Attachment A: 2017 RFP for Attorney Services Page 1 of 1 Attachment A It' ti�DEN HILLS CITY OF ARDEN HILLS, MINNESOTA REQUEST FOR PROPOSALS FOR LEGAL SERVICES April 2017 I. Purpose The City of Arden Hills is requesting proposals for legal services from firms experienced in municipal law and representation of municipal clients as City Attorney. II. Background The City of Arden Hills is located in northern Ramsey County, Minnesota. Arden Hills was incorporated on February 14, 1951. The population of the City is 9,652 (2010 Census). The City is approximately 10 square miles in area. The City has I-35W along most of its western boundary and I-694 runs east/west through the center of the City. Most of the northern four square miles of the City, the area north of County Highway 96, is owned by the U.S. Army. The western part of this U.S. Army property, approximately 430 acres, is known as the TCAAP site (Twin Cities Army Ammunition Plant). Excluding the Army property the City is mostly fully developed. The City operates under Minnesota Statutes "Plan A" form of government. The City's governing body consists of a Mayor and four Councilmembers, all elected at large. Councilmembers serve four-year overlapping terms of office, and the Mayor serves a four-year term. Regular City Council meetings are held the second and last Monday of each month, with a work session meeting scheduled for the third Monday of each month. The Planning commission meets once a month on the first Wednesday that follows the first Monday of each month. The City Council is responsible for adopting the City's budget and tax levy, adopting resolutions and ordinances, all hiring and firing decisions, policy making, development and growth planning, and guiding the overall direction of the City. In addition to providing general government services, the City offers a full range of other services including building and other safety inspections, code enforcement, planning and zoning, parks, street maintenance, snow removal, infrastructure maintenance and repair, and others. The City provides municipal water and sewer services. The City contracts for Police, Fire, IT, and election services. In addition, the City contracts for legal services for prosecution and civil matters. City of Arden Hills Request for Proposals For Legal Services April 2017 III. Scope of General Legal Services The law firm/attorney(s) are required to be knowledgeable in a variety of legal areas, including but not limited to: • General municipal laws. • Labor law. • General state and federal laws relating to municipal government. • Municipal litigation. • Zoning, land development, platting, MSA 429 Projects, housing, subdivision, land use law. • Economic development activities including development, redevelopment, enforcement, and property/real estate law. • Legal activity relating to general obligation bonds, revenue bonds, and other bonding and financial processes. • Ordinance and resolution development and interpretation. • Contract law. • State rules and regulations that control and manage private utilities in public right-of- way. • Environmental law. • Eminent domain. It is important to note that Arden Hills does utilize a separate bond attorney. IV. City Attorney Services Requested City Attorney services, for the purpose of this proposal, shall include those legal services generally understood within the field of municipal law to fall within the category of "general counsel" work, and shall include, but not necessarily be limited to, the following: • Routine legal advice, telephone and personal consultations with the City Council, City Administrator, and department heads or authorized representatives. • Assistance in the preparation and review of ordinances, resolutions, agreements, contracts, forms, notices, certificates, deeds, and other documents required by the City. • Attendance at regular City Council meetings as well as other City Council meetings as requested. • Attendance at other board, commission, and committee meetings, upon request. • Attendance at meetings with City staff, upon request. • Legal work pertaining to property acquisitions, property disposals, public improvements, easement dedications, and right-of-way vacations. 2 City of Arden Hills Request for Proposals For Legal Services April 2017 • Reviewing bonds and insurance requirements required by or for City contracts or activities. • Provide advice on open meeting law, data practice, records retention, and privacy issues. • Preparing deeds, easements, and other documents for recording purposes. Record documents at Ramsey County and provide original document to the City. • Acquiring easements and public right-of-way through negotiations or the use of eminent domain and in compliance with federal acquisition and relocation regulations. • Enforcement of City codes, zoning regulations, and building standards through administrative and judicial actions. • Monitoring of pending and current state and federal legislation and court decisions, as appropriate. • Coordination of outside legal counsel, as needed and as directed by the City Council and City Administrator. • Defending the City in all litigation, as requested, except in those cases where insurance companies are required to exclusively provide defense including, but not limited to: (1) human rights claims; (2) condemnation, (3) zoning and land use regulation matters, (4) permits and administrative actions, and (5) labor and employment matters. V. Required Contents for Proposals A. Firm Background: • Brief history of firm. • Number of attorneys, including number of partners and associates and areas of specialty. • Support personnel: number and expertise. • Office location(s). • Statement of any malpractice claims and/or ethics complaints taken against your firm or firm's attorney(s) over the last five years and the status or outcomes of such action. Indicate whether any action is pending or is currently under review by the State Ethics Board. • Statement of 2016 billings for municipal work as a percentage of total billings. B. Attorney Qualifications: • Identify the specific attorney who will serve as the lead attorney and indicate the following: o Academic training and degrees. o Description of background and experience. 3 City of Arden Hills Request for Proposals For Legal Services April 2017 o Description of prior municipal experience including cities served in a similar capacity. • Identify attorney who will serve in the lead attorney's absence, and provide information as requested in bullet 1 above. • Identify other attorneys and support staff who will supply services for which the City will be charged. C. List of cities you currently represent and for what type of service. D. List of cities you began representing in the last three years and cities you stopped representing in the last three years. E. Description of the firm's experience, and the experience of the designated lead attorney, with representing municipal clients in the redevelopment process. F. Copy of Malpractice/Liability Insurance Certificate. VI. Clients/Conflict of Interest • Indicate whether designated lead attorneys or the law firm represent, or have represented, any client whose representation may conflict with your ability to provide legal services to the City. • Indicate whether designated lead attorneys or the law firm currently represents any other local units of government having jurisdiction within, or contiguous to, the City of Arden Hills. • List any and all personal or professional relationships that the proposed lead attorney has with the City Council members or members of the community. • Indicated whether the designated lead attorneys or the law firm currently represent any real estate developers in Arden Hills or in any municipality contiguous to its borders. If so, please identify those companies or persons in detail. • Identify what procedures your firm utilizes to identify and resolve conflicts of interest. VIL Compensation Firms desiring to be considered for City Attorney services should: • State the hourly rates for the City Attorney and other attorneys and support staff that may be working on City business. • State the rate for meeting attendance, whether hourly or otherwise. • Identify the minimum increment of time billed for each service, e.g. telephone calls, correspondence, personal conference. • Define the type and unit rates for reimbursement of expenses such as mileage, reproduction of documents, and word processing charges. 4 City of Arden Hills Request for Proposals For Legal Services April 2017 VII. Professional References Provide three (3) professional references for the individual designated as City Attorney, including addresses and work telephone numbers. References should be currently employed public agency officials or agents. IX. Evaluation and Selection Process The selection committee will be composed of the City Administrator, the Director of Finance and Administrative Services, the Director of Community Development, and the Director of Public Works. The qualifications for the top candidates will be verified and references will be checked. In reviewing proposals, the city will carefully weigh the following: • Depth and breadth of experience and expertise in the practice of law, specifically in those areas most often encountered in municipal government operations. • Capability to perform legal services promptly and in a manner that permits the City Council and staff to meet established deadlines and to operate in an effective and efficient manner. • Degree of availability for quick response to inquiries that arise out of day-to-day operating questions or problems. • Degree to which firm and individual attorneys stay current through continued professional development and active communication with practitioners in the municipal law field. • Communication skills. • Cost of services. • Other qualifications/criteria as deemed appropriate. The contract will require that the individuals or law firm selected as City Attorney maintain general liability, automobile, workers' compensation, and errors and omissions insurance. The contract will also contain provisions requiring the selected individual or law firm to indemnify the city and provide that the City Attorney is an independent contractor serving at the will of the City Council. Other required provisions will include the City Council's right to terminate the agreement, at its sole discretion, upon the provision of notice. The City requires compliance with Equal Opportunity regulations and therefore, the firm selected shall not discriminate under the contract against any person in accordance with federal, state, or local regulation and shall certify to such in their proposal. The City will not provide reimbursement to anyone for any expense incurred that is associated with the preparation and submission of the proposal and attendance at interviews. X. Schedule Law firms or individuals interested in submitting proposals for City Attorney shall submit ten (10) complete copies of the proposal, along with a proposed contractual agreement, in a sealed envelope bearing the caption, "Arden Hills City Attorney Proposal". Late proposals will not be 5 City of Arden Hills Request for Proposals For Legal Services April 2017 considered. All proposals will be deemed confidential and will be retained by the City of Arden Hills. The envelope shall be delivered to: Sue Iverson, Director of Finance and Administrative Services City of Arden Hills 1245 W. Highway 96 Arden Hills, MN 55112 Proposal Due Date and Time: Friday, May 5, 2017 at 4:30 p.m. The City reserves the right to reject all proposals, to request additional information concerning any proposal for purposes of clarification, to accept or negotiate any modification to any proposal following the deadline for receipt of all proposals, and to waive any irregularities if such would serve the best interests of the city as determined by the City Council. In order to ensure a fair review and selection process, firms submitting proposals are specifically requested not to make contacts to the city staff or council members regarding these proposals, but to direct all response and inquiries to the City Administrator or Director of Finance and Administrative Services. 6 City of Arden Hills Request for Proposals For Legal Services April 2017 NEW BUSINESS —10G ,--ARZEN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Northeast Youth and Family Services Agreement Budgeted Amount: Actual Amount: Funding Source: N/A $16,661 General Fund Council Should Consider Motions to approve, table, or deny the following: • Northeast Youth and Family Services (NYFS) Agreement Background Over the last two worksessions, Council has discussed re-engaging with NYFS. Following a presentation by their President/CEO, Angela Dmello, Council requested this item be brought forward. This would require a new agreement with NYFS, which can be found under Attachment A. NYFS' presentation and annual report can be found under Attachment's B and C. Budget Impact NYFS uses a funding formula to determine each City's rate. For Arden Hills in 2023 it would have been $22,215; however, as we are already into April, NYFS is willing to pro -rate our amount to $16,661. Assuming we maintain the agreement in 2024, we'll be back to the full amount with an estimated impact to the levy of $23,000 or a 0.49% levy increase. This amount is not budgeted for in 2023. This approval will also authorize the Finance Director to make any budget adjustments. Total approved impacts to date on future levies: Communications Coordinator $41,000 0.87% increase NYFS Agreement $23,000 0.49% increase Attachments Attachment A: NYFS Agreement Attachment B: NYFS Worksession Presentation Attachment C: NYFS Annual Report Page 1 of 1 • NYFSNortheast Youth Family Services Attachment A F-,Tel a 44jyi14►II 1. PARTIES This agreement is made and entered into by and between the City of Arden Hills, Minnesota ("Municipality") and Northeast Youth and Family Services ("NYFS"). 2. RECITALS a. NYFS is a non-profit social service agency whose mission is to meet the unmet developmental needs of at -risk youth and families within their community environment with emphasis on providing services through collaboration and coordination with existing community resources. These services are available to youth and families residing in the northern suburbs of Ramsey and Washington County, including, but not limited to, the municipalities which are signatory to agreements which are identical to this Agreement ("participating municipalities") and students and families from Independent School Districts 621, 622, 623, 624, 282, and 832. b. Through this Agreement the Municipality intends to contract with NYFS to provide such services to its residents and to act as a sponsor of NYFS by providing financial support, a method to establish appropriate services to be provided and policy guidance for its activities. c. This Agreement shall be used as the formal agreement between NYFS and each of the participating municipalities. This Agreement is intended to continue the spirit of cooperation and collaboration in the provision of social services between the Municipality and NYFS. 10M 9 4 NLh RV-11►1 eZerel019111 Eel 6*1 In consideration of the mutual understandings of this Agreement, the parties hereby agree as follows: a. Prior Agreements Cancelled. By execution of this Agreement any prior agreements and amendments thereto between the parties are hereby cancelled. b. Services Provided. NYFS shall provide the Municipality and its residents with youth and family programs set forth in the Addendum attached hereto. c. Principles of Service and Program Establishment and Operations. On a yearly basis and prior to submission of its annual budget, as provided for hereafter, NYFS shall: Report regarding proposed changes in services and programs to the Municipality; and Establish a fair and open bidding/request for proposal (RFP) process to contract, manage or provide such services and programs, which are not directly provided by NYFS staff. d. Funding In addition to the participating municipalities' share of the annual budget, funds for the operation of NYFS will be raised by NYFS endeavoring to secure user fees, grants and appropriations from private organizations, the State of Minnesota, Federal and County agencies, and other legal and appropriate sources. The Municipality shall pay annually to NYFS the base amount listed in Exhibit A. This base amount will be adjusted annually for inflation/deflation based on the Standard Metropolitan Statistical Area Consumer Price Index for All Urban Consumers (CPI-U) and municipal population estimates based on MN State Demographic Center. Any adjustment in the payment beyond those indicated by reference to the CPI-U shall require approval of each of the participating municipalities. iii. Any new municipality joining into this agreement will pay a base amount annually to NYFS that is on par with the amount paid by current participating municipalities. iv. Amounts payable by the Municipality shall be paid to NYFS on or before January 30t" of each year, or at a date mutually agreed upon by both parties, to cover the Municipality's share for that year. e. Board Representation. The Municipality shall have the right to NYFS Board Representation of City Council, staff or community members (as designated by the Municipality and approved by NYFS Board) on the Board of Directors as either a Board Member or Board Advisor. f. Further Obligations of NYFS. In addition to the obligations set forth elsewhere in this Agreement, this Agreement is further contingent upon NYFS doing the follows: The Bylaws of NYFS shall be amended to add provisions requiring an open process for contracting services as provided for in paragraph C.2., above, and prohibiting NYFS from supporting or opposing individual candidates for election to public office in any of the participating municipalities; and adding the requirement that IRS 501.C3 status be maintained. On or before June 30, of any year NYFS shall submit the proposed city budgeted amount for the subsequent year. iii. On or before November 30, of any year NYFS shall submit a written report to the Municipality including an Annual Report, the audited financial statement, and a program specific summary of services provided to the municipality; in addition, 30 days from the end of each calendar quarter, NYFS shall submit a written report to the participating municipality. iv. Periodically advising the Municipality of services available through NYFS to the Municipality's residents; V. Establishing a sliding scale for services available through NYFS to the Municipality's residents and periodically advising the Municipality of such fees; vi. Providing other reasonable information requested by the Municipality; vii. Purchasing a policy of liability insurance in the amount of at least $1,500,000.00, naming the Municipality as an additional insured and providing a copy of the insurance certificate evidencing such policy to the Municipality; viii. Provide the Municipality with a copy of its Articles of Incorporation, Bylaws, Amendments thereto, and the IRS tax exempt status letter; ix. NYFS shall defend and indemnify the Municipality from any and all claims or causes of actions brought against the Municipality of any matter arising out of this Agreement or the services provided pursuant to this Agreement; and, X. Without the written approval of the Municipality, NYFS will not enter into any agreement with any other municipality which differs from the terms and conditions of this Agreement. g. Term. The term of this agreement will be through December 31, 2023. Unless either party gives at least 6 months written notice of its intent to cancel this Agreement effective December 31 of the year in which the notice is made, NYFS will continue to provide services to the Municipality if a successor agreement has not been executed prior to the end of the term. h. (A) Distribution of Assets Upon Dissolution. If NYFS ceases to operate, the Board of Directors will do one of the following: Give the assets to one or more non-profit agencies providing similar social services in the northern suburbs of Ramsey County; or, ii. Form a new Foundation to fund appropriate social service programming in the northern suburbs of Ramsey County. The final Distribution of Assets Plan must be approved by the Ramsey County District Court. (B) Deviation from the Mission. If the City Council determines that NYFS has materially deviated from its mission (See II. Recitals, A.), the City Council may ask the NYFS Board of Directors to consider dissolving the agency and liquidating the assets. The Board will do one of the following: iii. Consider the request and by a majority vote deny it. iv. Consider the request and by a majority vote agree to modify the programs to be consistent with the mission. V. Consider the request and by a majority vote agree with the request and move to dissolve the agency and liquidate the assets. IN WITNESS WHEREOF, the parties have executed this Agreement on this date set forth below. MUNICIPALITY City of Arden Hills By: Elected Official Its: Clerk/Manager/Administrator Dated: NYFS Northeast Youth & Family Services Its: President/CEO Its: Chair of the Board of Directors Dated: 3/2023 00 LLO � o C? � � 00 00 n U7 00 00 00 Ih O N N Cf3 Cf3 69 6f3 6f3 OMO UOi mO � rl-: 6 00 co h Cl) M O) O) D) N co Ih 1h — N N N co M 00 M O EA EA EA EA EA 1 EA f- O Cl) V Cl) Cl) Cl) Ln O O O h O co Ln — M Ln n n N (fl (fl M O 00 O n n (fl M 6 00 co Ui M 't N U7 00 M U7 Ih O O U7 't O O O 00 co O O co Ui CO — N V M V m co CO N 7 (fl —7 7 N 7 1- 4 ffi (n ffi ffi ffi ffi ffi ffi ffi ffi ffi ffi ffi ffi O M CO Ih M M M M O O M 00 M O f� 7 N O Ln (fl 7 O) O N 00 V U7 CO co m co It � M lf7 h M CD M N ao (D 00 N ao U� N M rn o rn N N N h (fl 00 O N O N M V h N N co O) O O) —7 n d) CO 7 N — N N M — CO N M — N M N 61) 613 613 613 613 613 613 613 613 613 613 613 613 613 613 O O O O O O O O U7 O h Cl (C 00 h Ln O O N Ln N — N — N 69. 69. 69. 69. 69. CO 00 �_ It N N O CO O O 00 00 O h Cfl N M O OR U7 O OR ,I: h CO Ln Ln Ln (D O 00 00 V O N n Cl) Ln 00 O Ln N N N h V O O (D 00 7 Ln N M V (Cl Cl!n (Cl Ln 00 O Ln 7 00 Ih Ih O V 00 V — U) CO Ih N N N N V — h — U7 — — N U7 N CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA (f. c a_, CD '6 N 0 ul T 4) J C > O 0) L 4) 0 C O U m O a)C 4) O O C O N O N O En O Q L i 7� f6 m >,>m M Q LL J 2 Z Z of (n (n m S 2 > U > J E9 NfFS Northeast Youth S Family Services Contracted Services Mental Health Services: Shoreview and White Bear Lake Mental Health Clinics — licensed mental health staff provide therapy for the emotional health of children, teens, and adults. School -Based Mental Health — licensed mental health staff provide onsite therapy in the schools for the emotional health of students within Roseville, Mounds View, and White Bear Lake school districts. Community Service Programs: Youth Diversion — a coordinated range of services for youth who have committed minor offenses (e.g. shoplifting, chemical/alcohol use, vandalism) to help them focus on positive behavior and prevent recidivism. • Community Connections — This seven -week program helps youth develop social and emotional skills while expanding their horizons and helping them deepen their commitment to their own futures through service, post- secondary education exposure, career exploration, and mentorship. Non -Contracted Services Mental Health Services: • Northeast Educational & Therapeutic Services (NETS) — provides therapy and academic support for youth in grades 6-12 with severe mental illnesses who cannot function in traditional school environments. Community Service Programs: Community Advocate — This program serves people who have been involved with local law enforcement but have needs that cannot be sufficiently addressed by law enforcement alone. This can include: mental health issues, family instability, medical care and other needs. Addressing these underlying issues reduces the need for law enforcement intervention in the future. Attachment B 1 0 NYFS Northeast Youth & Family Services Transforming lives today, creating a better tomorrow for youth, adults, families, and our community V NTFSNortheast Youth Family Services About Us ► Community Driven Nonprofit founded in 1976 Ir ► 10 Municipalities came together and identified significant unmet needs in region for youth ► Together created NYFS - started with 4 staff and 2 programs - Juvenile Diversion and Youth Mental Health No. Locations in Shoreview and White Bear Lake ► Support youth and the whole family - healthy families are the building blocks of healthy communities ► Trauma -informed and culturally responsive care ► Focus on ensuring access and reducing barriers to care - especially financial barriers - serve clients that are uninsured, underinsured2 low income 1 1/4/2023 NYBDNortheast Youth Family Services Relationships in Service of the Community ► Longstanding Partnerships ► 15 Municipalities ► 5 Law Enforcement Agencies ► 3 School Districts ► Ramsey Co Attorney's Office Et Sheriffs Department ► Board largely comprised of City Council Members from municipal partners NT(FSD Northeast Youth Family Services FY 2021-22 Stats: Clients J ■ Diversion ■ Elderly Services ■ School Based ■ Clinic Based Community Advocate Day Treatment ■ 1/4/2023 V NYFSNortheast Youth Family Services FY 2021-22 Stats: Appointments 21,696 total appointments • 496 meetings with 72 Community Advocacy Clients • 447 meetings with 153 Diversion clients • 657 family and couple therapy sessions with 138 cliei • 337 Assessments for Mental Health Services V NYFSNortheast Youth Family Services The State of Youth Mental Health in MN ► Clients have more severe mental health and resource challenges 1 we have ever seen before ► Trauma, anxiety, depression, suicidal behavior, panic attacks, social relationship problems, isolation, failure to make developmental gain! emotional regulation and anger difficulties, drug and alcohol use, etc ► Now, one in three youth have a diagnosable mental health conditi significant increase since COVID No. On Minnesota Student Survey 2022: ► 19% of 11 th grade males and 46% of 11 th grade females report having long term (6 months or longer) mental health condition. ► 43% of 11 th grade males and 64% of 11 th grade females report having more Adverse Childhood Experiences (ACES). 6 3 1/4/2023 N'V�TS Northeast Youth Family Services Mental Health Programs ► Clinic Based Mental Health ► Individual, Couples, Family, and Group Therapy ► In Person or Telehealth ► Serve 4 years old through lifespan ► Art, Play, and Trauma Therapy ► School Based Mental Health ► Embedded model - serve the clients and the school ► 3 school districts, elementary through high school ► NETS Day Treatment ► Higher acuity, half day therapy/half day school ► Middle and High School Students 7 �/ N 1 FS Northeast Youth Family Services Community Service Programs ► Youth Diversion ► Referred due to offenses such as theft, drug use, etc. No. Alternative to traditional justice system No. Based on restorative principles: Youth attend educational seminars with their parents, perform community service and pay restitution. ► Community Connections ► Tweek program helping youth perceive a brighter future through mentorship, career exploration, educational exposure, and service. ► Community Advocacy to. Contracts with 5 Law Enforcement Agencies ► Co -create public safety to. Provide support for citizens outside of scope of LE: resource referral, crisis intervention, mental health, housing, domestic violence, neighbor disputes, chemical dependency, etc. 8 8 ■ 1/4/2023 NYBDNortheast Youth Family Services Innovating into the Future ► Expanding Community Connections to general youth referrals No. Adding specialized advocates - domestic violence, youth, elder! ► Building and expanding Play Therapy Services No. Expanding modalities such as art therapy, horticulture therapy, among other culturally responsive interventions ► Establish NYFS as a Training Site for new providers with pathwa,. for BIPOC providers No. More group therapy offerings and support for parents ► Staff wellness and work sustainability measures to support longevity in the field LVA Northeast Youth NT(FSD Family Services For More Information and to Become Involved Angela Lewis-Dmello, MSW, LICSW President Et CEO Angela. lewisdmetto@nvfs.org 651-379-3404 www. nyfs. org, Follow us on Facebook and Linkedln NYFS is here for you, because of you. Shoreview: (651) 486-3808 i White Bear Area: (651) 429-8544 10 IV I Attachment C NTFS Northeast Youth & Family Services Transforming Lives Ak.4"_ ,4 2021-2022 Report to the Community Together we are transforming the lives of our clients and community, and I am thrilled to be able to do this work with you. Reflections from the President and CEO It is incredible to think about all that Northeast Youth & Family Services (NYFS) has accomplished during the 2021-2022 fiscal year. As we continue to deepen our work, I want to give you a glimpse into how we are adapting and expanding what we offer in response to community and client -driven needs. We've responded to multiple community crises by increasing access to mental health crisis support, offered trainings on the effects of the pandemic on mental health, and crucially, expanded our Diversion Services to include Community Connections. This seven -week program helps youth develop social and emotional skills while expanding their horizons and helping them deepen their commitment to their own futures through service, post -secondary education exposure, career exploration, and mentorship. While the pandemic required us to quickly adapt to new realities and needs, we are now fully integrating these changes into our business model and organizational infrastructure. Most notably, we have embraced the opportunities that telehealth care offers and see how this option reduces or eliminates barriers of time and transportation while increasing our ability to offer vital mental health support to those who might not receive it any other way. Finally, we thoughtfully • mmunity- and compassionately centered navigated a change in committed executive leadership AM - celebrating the vision and investment of outgoing President and CEO, Tara Jebens-Singh. I am thankful to have experienced an intentional and collaborative onboarding process which provided a comprehensive understanding of the organization, its current strengths and challenges, and its opportunities for growth. I am grateful for a welcoming, committed, and talented staff and board of directors who are ready to move us into the next chapter of our collective story, grounded in our powerful mission and client - centered values. While past few years at NYFS, and in our community, have been marked by rapid change, one thing remains the same - our commitment to service through collaboration with our partners. Together we are transforming the lives of our clients and community, and I am thrilled to be able to do this work with you. )ne - Angela Lewis-Dmello, LICSW President & CEO 2 WE HAVE HEART - 2021-2022 REPORT TO THE COMMUNITY Our Partners MUNICIPALITIES Birchwood Village Falcon Heights Hugo Little Canada Lauderdale Mahtomedi Mounds View New Brighton North Oaks Roseville St. Anthony Shoreview Vadnais Heights White Bear Lake White Bear Township SCHOOL DISTRICTS Roseville Area Schools Mounds View Public Schools White Bear Lake Area Schools LAW ENFORCEMENT AGENCIES Mounds View New Brighton Roseville St. Anthony White Bear Lake Together we accomplish so much more than we could ever do on our own! NYFS.ORG *s-_ Clinic -Based Mental Health Program HealingHappens in ManyWays Trauma -informed and culturally -responsive care recognizes that there is no "one size fits all" version of healing. NYFS's mission is founded on access to critical services and acting as a safety net for our community's mental health needs. We have seen the multi -layered effects of the pandemic on mental health care and are dedicated to meeting current and emerging needs. Because of this, our efforts are increasingly culturally -responsive and trauma -informed as we continue to evaluate and expand our services. Trauma -informed care is all about serving our clients in the context of their lived experiences. Many individuals in our community have chronic stress and histories of trauma. Often these experiences cause mental and physical health concerns. At NYFS, we believe that it is our responsibility to ensure that our services don't cause further harm to any of our clients, not just those that have trauma. This is ongoing work that continues to evolve as we learn more over time. Because of this, our physical clinic spaces in Shoreview and White Bear Lake, the organization's culture, and the program services, policies, and practices themselves are developed to be trauma -informed and are reviewed regularly to reflect current best practices. To be truly trauma -informed requires being culturally responsive — the deep integration of our client's culture into their care. We partner with our clients to provide services in the ways that our clients say best support their healing and growth. This means understanding the context of oppression that many of our clients experience due to their intersecting identities and attending to that in therapy. It also means integrating an understanding of historical and intergenerational trauma on mental health. Many of the reasons people suffer are not due to their own psychology or relationships, but rather, due to the larger socio-cultural context of oppression experienced every day. As Tara Hjelmberg, NYFS Director of Mental Health shares, "Trauma -informed and culturally -responsive care allows a space where each individual is seen, heard and understood in their context. It is only within this space that we can assist in the clients' healing and overall wellness." F_ empower � support This responsiveness recognizes that there is no "one size fits all" version of healing. What each of us needs is different — and not everyone benefits from a western mental health model of individual weekly therapy sessions. NYFS has been expanding our services to offer different culturally -responsive trauma treatments across the lifespan, including art therapy, and we look forward to expanding our play therapy and horticultural therapy offerings. For those healing services we do not offer at NYFS, we continue to build referral relationships to cultural and community healing practices that serve the whole person. We believe this partnership with our clients encourages creativity and an expansive perspective on healing and recovery. r 4 WE HAVE HEART — 2021-2022 REPORT TO THE COMMUNITY School -Based Mental Health Program Serving Youth in Schools Amidst a Mental Health Crisis Since the start of the pandemic, our community and our country have seen a three -fold increase in the number of youth with diagnosable mental health conditions as well as an increase in the urgency and severity of mental health needs. Our youth have lived through a global pandemic during a crucial stage of their development and are more likely than previous generations to seek mental health care. These factors, combined with the sharp decline in mental health providers — especially those working with youth in nonprofits — has created an unprecedented strain on providers, individuals, and their loved ones. The American Academy of Pediatrics, the American Academy of Child & Adolescent Psychiatry, and the Children's Hospital Association, have declared the state of child and adolescent mental health a national emergency. NYFS School -Based Therapist Carolyn Babekuhl reflects, "Over the past two and a half years, the entire world has experienced trauma from the pandemic, including our children. They lost loved ones, financial stability, and missed significant developmental milestones. These challenges are not addressed just by returning to school in -person. Although students have returned to school, they have not had the opportunity to process these losses and it is expressed through their behavior. It is apparent that we need to prioritize the mental health of our youth at this time." At NYFS, our School -Based Mental Health services offer youth the benefits of developmentally -targeted therapy in a school setting where they have the greatest opportunity to regularly access the help they need or receive support when in crisis. In addition to heightened social and emotional concerns, we are seeing youth with significant (and often deferred) needs including high rates of post -traumatic stress disorder, anxiety with panic attacks, severe depression, and thoughts or plans of suicide. We ensure that youth can access these trauma -informed and culturally - responsive services on a sliding -fee scale. At NYFS we serve three school districts in the Roseville, Mounds View, and White Bear Lake areas, offering care from elementary through high school -age students. We work in meaningful partnership with school staff, supporting the overall mental health needs of youth in the schools we serve. Sometimes this includes active mental health response to school personnel, teachers, and students following a crisis or tragedy. We are there to serve the whole school as comprehensively as we can. Even as the need strains our system's ability to ensure care to those who most need it, we feel immense hopefulness as the narrative around youth mental health is changing. And it is the youth who are leading the way in ensuring their own healthy futures. r "The problems we are seeing are greater in both number and intensity. There are more students who are struggling with their mental health, and because there are more needs across the whole system of care, we are filling a gap for youth who actually need a higher level of care." — Steven Lutes, School -Based Mental Health Programs Manager NYFS.ORG 5 Northeast Treatment Services (NETS) Day Treatment Program Intuitive Team -Based Care Northeast Treatment Services (NETS) Day Treatment program serves youth who have mental health needs that cannot be successfully treated in weekly psychotherapy visits, but don't need intensive outpatient programming or the short-term stabilization of a hospital inpatient setting. NETS youth receive longer -term intensive healing support but can remain in their homes and communities while accessing a broad range of services. Day treatment also offers an alternative to residential treatment, which removes youth from their family and community. Most youth that come to our day treatment services face many obstacles, often reporting upwards of seven or eight significant life traumas. They may hold all of that suffering in, or they may push it out into the world through unhealthy coping or harmful behaviors. At NYFS, our day treatment team wants to help these youth every moment that they are with us for services, to learn a better way of engaging their emotions and their relationships so that when they really start to feel better — they have the tools they need to succeed outside of NYFS. NYFS's day treatment services are unique, and so much of this is due to our exceptional team. "As a team we are a cohesive unit. Built on trust," says NETS Therapist LaTarsha Bronaugh. "We strive to be open, understanding, flexible and give one another grace. That transforms into putting client and family needs at the center of their healing journey while at NETS." Similar programs are known for being a training site for new mental health providers — resulting in high turnover of staff. At NYFS, we average 8-10 years on the day treatment team, some staff working in the program for more than 20 years. They have a wealth of experience and a beautiful rhythm in the work together — doing so in compassionate, creative, and intuitive ways. This translates directly to the care they provide. There isn't a crisis they can't handle or a youth with whom at least one of them can connect. They provide seamless trauma -informed, culturally responsive care. r R WE HAVE HEART - 2021-2022 REPORT TO THE COMMUNITY Diversion Program S Community Connections Program Better Outcorn Brighter Futures The Diversion program serves as an alternative to the traditional juvenile justice system for youth who are charged with misdemeanor and status offenses such as theft and alcohol or drug use. With targeted support, they are able to redirect their lives and get back on track. Youth attend educational seminars with their parents or caregivers, perform community service work, and pay 117 restitution. But addressing the offense and its impact is only part qq of this restorative justice program. NYFS Diversion Coordinator Jackie McGovern says that working with youth to learn what is going on in their life is key to understanding what circumstances may have contributed to the negative behavior. "By addressing the root causes of the behaviors, the youth is able to receive the help they need and is much less likely to reoffend in the future. We are here to help them change the trajectory of their lives. We focus on their future, not just on their past offense." Successful graduates of the Diversion program who still need additional support can enroll in our new Community Connections program - a seven week group - based experience for youth that builds social skills, self- confidence, and resilience through career exploration, volunteer activities, and connections with other community service organizations. The program aims to help address risk factors that youth face by providing youth with alternatives through positive social interaction with peers, interaction with positive adults in the community, and access to community resources. r "The last few years have been really tough on our youth. A lot of those connections, and feeling like being a part of a community, have gone away. Youth and their families are really struggling and that's why programs like these are so important." — Erika Scheider, Roseville Chief of Police NYFS.ORG 7 Community Advocate Program Bridging the Gap Between —Law Enforcement and Community Support NYFS Community Advocate Joshua Grant has a unique and necessary role in the communities we serve. He works with residents who have been involved with local law enforcement but have needs that cannot be sufficiently addressed by law enforcement alone. "Officers are on the scene when there is a crisis, and we definitely need their help in those moments," he says. "But they are not trained or equipped to assess and work on the issues that led up to the crisis point. Often these problems are multi -layered and require long hours of work to rebuild trust and help residents get and stay connected with additional support systems in our community." Joshua works with individuals and families experiencing chronic mental health issues, family instability, complex medical needs, chemical dependency and other problems that require a high degree of care. By addressing these underlying issues, the need for law enforcement intervention is greatly reduced and officers are freed up to spend more time on other work while the resident receives compassion the more intensive support they need. The Community Advocate Program currently serves the cities of Mounds View, New Brighton, Roseville, St. Anthony and White Bear Lake and has been well received by residents and law enforcement. "We believe in the co -production of public safety," says Tony Paetznick, New Brighton Director of Public Safety. "We all have a role to play in making our communities a better place to live and work." IV WE HAVE HEART — 2021-2022 REPORT TO THE COMMUNITY NYFS Staff Carolyn Babekuhl, LICSW School Based Therapist Laurie Berlin, LMFT School Based Therapist Latarsha Bronaugh, LPCC NETS Day Treatment Therapist Miaa Bulchaa Senior Program Assistant Mai Chang, Senior Program Assistant Joshua Grant Community Advocate Denise Greene Building & Office Manager David Gullickson Accounting Assistant Tara Hjelmberg, LMFT Director of Mental Health NYFS Board of Directors OFFICERS Wayne Groff, Chair Rep: City of Roseville Jack Serier, Past Chair Rep: Community Molly Larson Program Assistant Angela Lewis-Dmello, LICSW President & CEO Steven Lutes, LICSW School Based Services Manager Amelia Maijala Marketing, Communications and Development Specialist Samuel McGinnity Diversion Community Connections Coordinator Jackie McGovern Community Services Manager Ben Moburg NETS Day Treatment Practitioner MEMBERS Judy Cognetta Rep: North Oaks Mariel Culhane Rep: Community Cory Springhorn, Vice Chair Monica Roth Day Rep: City of Shoreview Rep: Community Scott McCune, Treasurer Jennifer Fink Rep: White Bear Township Rep: City of New Brighton Desaree Crane, Secretary Nicole Joy Frethem Rep: Community Rep: Ramsey County Roxanne Grove Rep: City of Lauderdale Heidi Hughes Rep: City of White Bear Lake Jan Jenson Rep: Village of St. Anthony Laurie Moser, LMFT NETS Day Treatment Manager Alex Moti Information Analyst Kathryn Muellner, LICSW NETS Day Treatment Therapist Andy Peach, NETS Day Treatment Practitioner Angie Siegle-Pugh, LMFT REACH Therapist Jocelyn Thoemke, LMFT, ATR-BC Clinic Based & Art Therapist Becky Tjornhom Front Office Curtis Johnson Rep: Roseville School Board Lisa Laliberte Rep: Community Jennifer Lodin Rep: Mounds View Public Schools Monica Lynghaug Rep: Community Gary Meehlhause Rep: City of Moundsview Teresa Miller Rep: City of Little Canada John Skillings Rep: Community NYFS.ORG 9 Donors: FY 2021-2022 Thank you to our Donors! American National Bank Mary Anders Morris Barbara Anderson Bonnie Anderson Andersen Corporate Foundation Kay Andrews Anonymous Dean & Debra Armstrong Robert Ash Lynn Ault Steve Bachman Thomas & Kathleen Baldwin Mary Bandt Bob Benke Berger Allied Moving & Storage, Inc. Joan Bergeson Kent Bergh Laurie Berlin Geraldine Blanski Steve Bloom Majorie Boening Beverly Bosse Pamela Brabeck Michael Bradley David Bruce Robert Cardinal Kathy and Paul Ciernia Charitable Gift Fund Thomas Clark Charles & Sharon Clysdale Coldwell Banker Realty Cares Foundation Kirsten Dawson Monica Roth Day Dena DeGroat - Thrivent Financial Steven Dehler The Dellwood Foundation, Inc Eric & Teri Eberhardt Kevin Edberg Erickson, Bell, Beckman and Quinn, PA Jason & Jessica Etten David Evans Jane Eyestone First Resource Group Steve Forshay Bill Foussard Frandsen Bank & Trust Amy Frane-Gower Bob Freed Susan Gaertner James & Joan Gardner Susan Gehrz Ellen Gevers Kitty Gogins Gori and Associates, LLC Greater Midwest Financial Group Lorna Green Roger & Mindy Greiling Barbara Grengs Georgeann Hall James Halverson Mary Harrington Dennis Harris Scott Henry Kathleen Heyman Nancy Hite Michael Hinz Geoff Hollimon Sharon Hood Alan Hull Peggy Huot Hansen Paul & Denise Jacobsen The Jebens-Singh Family Fredrick Kaiser Raye Kanzenbach Charles Keffer Barbara Kellett Kevin Kelly Jane Klehr Greg & Frances Knothe Debra Kohen Kohli Real Estate Group George Krienke Kathryn Kufus Marjorie Kulseth Karin Larson Victoria Larsen Barbara Leary Don Lee Roger & Ellen Lillemoen Amanda Little The Lutheran Church of the Resurrection Amelia Maijala Manitou Fund Carol Marchel John & Connie Marty Mary McDowall Tam McGehee Bryan McGinnis Gary & Kim Meehlhause Kelly Merriman Bruce & Leeann Meyer David Morris Anne & David Myers Lindsay Nauen Northeast Bank Northeast Metro Golden K Kiwanis John and Marla Ordway Charitable Lead Trust Phyl & Doug Ostergren Otto Bremer Trust Mary Ann Palmer Gloria & Warren Pederson The Peter J. King Family Foundation Mary Peterson The Phillips Family Fund Lee & Sandi Poppe Press Publications Urho & Pamela Rahkola Ramsey County Children's Mental Health Collaborative Victoria Reinhardt Bruce Robb Daniel Roe Roseville Area Community Foundation Kennon Rothchild, Jr. Saint Paul & Minnesota Foundation Andy & Virginia Sall Susan Sands Jane Scheidnes Marilynn Scherrer Thomas & Lana Schuette Scientific Molding Corp, Ltd Carol Seidenkranz Donald Severson SMC Ltd. Carol Sletner Howell Smith John & Marsha Soucheray Florence Sprague Cory Springhorn St. Michael's Lutheran Church Mark Stange Andrew Stark June Stewart Anthony Stieber Strategic, Consulting and Coaching, LLC Brian Strub Judy Stuthman Suburban Ramsey Family Collaborative Colin Sundeen John Suzukida Jeanne Szurek Techie Dudes Ann Thonet Gerry Urban Urban's Farm and Greenhouses, LLC. Vadnais Heights Community Foundation Vadnais Heights Lions Club Mary Kay VonDeLinde John Wazlawik James Weichert Teresa Wernecke Pat Whelan Adrienne Wickstrom Roger Williams Jodi Wolkerstorfer Thank you for your support! Please accept our sincere apologies if we omitted or misspelled your name. Notify us of corrections by calling (651) 379-3447 MEETS STAND DS 10 WE HAVE HEART — 2021-2022 REPORT TO THE COMMUNITY Financial Position: FY 2021-2022 Statement of Activities Without Donor SUPPORT AND REVENUE Support: Grants and Contributions $ 278,281 Municipality Contract Revenue 502,435 Employee Retention Credit 220,576 Loan Forgiveness 430,776 Total Support 1,432,068 Revenue: Program Service Fees 1,485,531 Rental Income 474,245 Investment Loss (11,713) Total Revenue 1,948,063 Net Assets Released from Restrictions 15,000 Total Support and Revenue 3,395,131 EXPENSES Program Services: Mental Health 1,982,278 Community Services 270,063 Total Program Services 2,252,341 Supporting Services: Management and General 962,748 Fundraising 97,592 Total Supporting Services 1,060,340 Total Expenses 3,312,681 INCREASE (DECREASE) IN NET ASSETS 82,450 Net Assets - Beginning of Year - as Restated 1,391,220 NET ASSETS - END OF YEAR $ 1.473.670 5% REVENUE Individuals: $122,807.25 Municipalities: $408,547.80 Contract and Grants: $988,742.65 Third Party Billing and Fees: $628,013.64 Occupancy: $474,245.01 1 3% With Donor (15,000) (15,000) (15,000) 15,000 YEAR ENDED JUNE 30, 2022 T-4- 1 $ 278,281 502,435 220,576 1,485,531 474,245 (11,713) 1,948,063 3,380,131 1,982,278 270,063 2,252,341 962,748 97,592 1,060,340 3,312,681 67,450 1,406,220 $1,473,670 EXPENDITURES Mental Health: $1,982,278.00 Community Services: $270,063.00 Management and General: $962, 748.00 Fundraising: $97,592.00 NYFS.ORG v NTFS Northeast Youth & Family Services 3490 Lexington Ave N, Suite 205 Shoreview, MN 55126 NYFS is here for vou, because of vou. ©2022 Northeast Youth & Family Services. All rights reserved. NEW BUSINESS —10H ,--iIZEN HILLS MEMORANDUM DATE: April 10, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: TCAAP AUAR Update Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Staff working with Kimley Horn to draft a proposal to update the TCAAP AUAR Background The City Council discussed updating the TCAAP Alternative Urban Areawide Review (AUAR) at its last worksession. The City first completed the TCAAP AUAR in 2014, and they are due every five years until a project begins construction. The last update was done in 2019, and we are due for one in 2024. However, the Council could choose to do the update early. A brief description of the AUAR process can be found below. The alternative urban areawide review (AUAR) process is a hybrid of the environmental assessment worksheet (EAW) and environmental impact statement (EIS) review processes. Responsible governmental units (RGU) can use an AUAR as a planning tool to understand how different development scenarios will affect the environment of their community before the development occurs. The process is designed to look at the cumulative impacts of anticipated development scenarios within a given geographic area. The benefit would be an updated assessment to help the current Council and JDA understand updated development implications. As previously discussed, Kimley Horn would be best positioned to handle this update as they have worked on the last two updates. Should Council want to move this forward, Staff will work with Kimley Horn on obtaining a proposal for future consideration. Budget Impact A cost will be determined in the actual proposal, but the 2019 update was $16,660. This item is not budgeted for in 2023. Attachments N/A Page 1 of 1