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HomeMy WebLinkAbout05-08-23-RMayor: David Grant lt Councilmembers: �-A EN HILLS Brenda Holden Emily Rousseau Regular City Council Tena Monson Tom Fabel Agenda May 8, 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:HUS02WEB.ZOOM.US/J/83361246878 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 respectfully 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. Comments shall be limited to three (3) minutes or less. Written documents may be distributed to the Council prior to the start of the meeting to allow a more timely presentation. Council will generally not respond at the same meeting where an issue is initially raised by a member of the public but the Council may refer the issue to staff for further research and possible report or action at a future Council meeting. 3. RESPONSE TO PUBLIC INQUIRIES 4. PUBLIC PRESENTATIONS 4.A. Proclamation Recognizing May 21-27, 2023 As National Public Works Week Mayor Grant Documents: MEMO.PDF ATTACHMENT A.PDF 4.B. Proclamation Recognizing May 9-15, 2023 As National Police Week Mayor Grant Documents: MEMO.PDF ATTACHMENT A.PDF 5. STAFF COMMENTS 5.A. TCAAP/Rice Creek Commons Update Dave Perrault, City Administrator Documents: MEMO.PDF 5.B. Transportation Update David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF 6. APPROVAL OF MINUTES 6.A. April 10, 2023 Regular City Council Documents: 04-10-23-R.PDF 7. CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 7.A. Motion To Approve Claims And Payroll Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst Documents: MEMO.PDF 7.B. Motion To Approve Resolution 2023-022 Relating To Approval Of Amendment To The City's Series 2015 Note, Series 2011A Note And Series 2012A Note (Presbyterian Homes Of Arden Hills, Inc.) Gayle Bauman, Finance Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF 7.C. Motion To Approve Acknowledgment Of The Application Of Ducks Unlimited North Suburban Chapter 239 For An Exempt Permit To Conduct A Raffle With The Event Being June 24, 2023, With No Waiting Period Julie Hanson, City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 7.D. Motion To Authorize An Application For Grant Funding For Buckthorn Removal At Hazelnut And Floral Parks Utilizing Great River Greening Lucas Miller, Assistant Public Works Director Matthew Johnson, Recreation Supervisor Documents: MEMO.PDF ATTACHMENT A.PDF 7.E. Motion To Approve Invoice For Bulk Road Salt Purchase David Swearingen, Public Works Director Documents: MEMO.PDF ATTACHMENT A.PDF 75. Motion To Approve Resolution 2023-023 Local Match Commitment For Lake Johanna Boulevard Trail Project: 2024 Met Council Regional Solicitation David Swearingen, Public Works Director Documents: MEMO.PDF ATTACHMENT A.PDF 7.G. Motion To Approve Supplemental Agreement With Ramsey County For The Lexington Avenue Reconstruction Project - Vac -Truck Excavation Charges David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 7.H. Motion To Approve Quotes For Pump Replacements And Pumping Services - Lift Station Nos. 7 And 13 Rehabilitation Projects David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF 8. PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. 9. PUBLIC HEARINGS 10. NEW BUSINESS 10.A. TCAAP Open House Discussion Dave Perrault, City Administrator Documents: MEMO.PDF 10.B. Campus Commercial Use Discussion Dave Perrault, City Administrator Documents: MEMO.PDF 11. UNFINISHED BUSINESS 12. COUNCIL/STAFF COMMENTS ADJOURN PUBLIC PRESENTATION — 4A ,iRZEN HILLS MEMORANDUM DATE: May 8, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, Public Works Director/City Engineer SUBJECT: Proclamation Recognizing May 21-27, 2023 as National Public Works Week Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Adopting a Proclamation recognizing May 21-27, 2023 as National Public Works Week in Arden Hills. Background/Discussion National Public Works Week is a celebration of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works. Instituted as a public education campaign by the American Public Works Association in 1960, the weeklong celebration calls attention to the importance of public works. This year's theme is "Connecting the World Through Public Works" for the National Public Works Week poster. This year's poster illustrates how public works connects us all through infrastructure and service, enhancing the quality of life for the communities these professionals serve. Our Public Works employees take great pride in their work. The week of May 21-27, 2023 honors these professionals who serve the public good every day with quiet dedication. Budget Impact None Attachments Attachment A: Proclamation Page 1 of 1 lt -r1�EN Hn,Ls CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA PROCLAMATION Attachment A To recognize May 21-27, 2023 as National Public Works Week WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, are vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, THEREFORE, BE IT RESOLVED that the ARDEN HILLS CITY COUNCIL formally designates May 21-27, 2023, as National Public Works Week in THE CITY OF ARDEN HILLS, and calls upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. David Grant, Mayor Brenda Holden, Councilmember Emily Rousseau, Councilmember Tena Monson, Councilmember /�/��4QW Thomas Fabel, Councilmember PUBLIC PRESENTATION — 4B ,-ARZEN HILLS MEMORANDUM DATE: May 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Proclamation in Recognition of National Police Week 2023 Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider • Adopting a Proclamation formally designating May 9-15, 2023 as National Police Week in Arden Hills. Background/Discussion Each year the City Council is requested to recognize National Police Week by adopting a proclamation as provided by the Ramsey County Sheriff's Office. This proclamation honors the service and recognizes the sacrifice of law enforcement officers everywhere as they protect our communities. Budget Impact None Attachment Attachment A: Proclamation Attachment A CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA PROCLAMATION To recognize National Police Week 2023 and to honor the service and sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy WHEREAS, in 1962 President Kennedy proclaimed May 15 as National Peace Officers Memorial Day and the calendar week in which May 15 falls, as National Police Week; and WHEREAS, National Police Week was established by a joint resolution of the Unity States Congress in 1962; and WHERAS, there are approximately 800,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Ramsey County Sheriff's Office; and WHEREAS, every day, law enforcement officers are the first to be on the scene to help those in need and are dedicated to serving the community; and WHEREAS, National Police Week pays special recognition to law enforcement officers who have lost their lives in the line of duty for the safety and protection of others; and WHEREAS, over 50,000 assaults against law enforcement officers are reported each year, resulting in approximately 14,000 injuries; and WHEREAS, since the first recorded death in 1786, almost 24,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty, including six members of the Ramsey County Sheriff's Office; and WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; and WHEREAS, in 2022, 224 officers were killed nationwide in the line of duty and their names will be added to the National Law Enforcement Officers Memorial this spring; and WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund's Virtual Candlelight Vigil on May 13, 2023; and WHEREAS, on May 15, 2023, the service and sacrifice of all officers killed in the line of duty will be honored by the National Law Enforcement Officers Memorial Fund and the Minnesota Law Enforcement Memorial Association; and WHEREAS, the service and sacrifice of Ramsey County suburban law enforcement officers killed in the line of duty will be honored during the Suburban Ramsey County Law Enforcement Memorial Ceremony May 18, 2023. NOW THEREFORE, BE IT RESOLVED that the ARDEN HILLS CITY COUNCIL formally designates May 9-15, 2023, as Police Week in THE CITY OF ARDEN HILLS, and publicly salutes the service of law enforcement officers in our community and in communities across the nation. i David Grant, Mayor —T e. V1 Emily Rousseau, Councilmember --/Z�9-w Thomas Fabel, Councilmember Brenda Holden, Councilmember v,� Tena Monson, Councilmember STAFF COMMENTS — 5A -iZR�EN HILLS MEMORANDUM DATE: May 8, 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 STAFF COMMENTS — 5B -iZR�EN HILLS MEMORANDUM DATE: May 8, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, Interim Public Works Director/City Engineer SUBJECT: Transportation Update Budgeted Amount: Actual Amount: Funding Source: A verbal update will be provided at the City Council meeting. Page 1 of 1 -ARQEN HILLS Approved: May 8, 2023 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING APRIL 10, 2023 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Tom Fabel, Brenda Holden, Tena Monson and Emily Rousseau Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Dave Swearingen; Community Development Director Jessica Jagoe; Finance Director Gayle Bauman; City Attorney Joel Jamnik; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested an item be added to the Consent Agenda, a Proclamation declaring April to be Fair Housing Month. Councilmember Holden suggested this item be discussed under New Business as Item 10I. Mayor Grant requested staff provide a Transportation Update under Staff Comments in order to address the traffic impacts along Lexington Avenue. Councilmember Rousseau requested Item 7E on the Consent Agenda be pulled and discussed as Item 8A. MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to approve the meeting agenda as amended. The motion carried (5-0). 2. PUBLIC INQUIRIESANFORMATIONAL ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 2 George Winnicke, 4175 Old Highway 10, noted he was an insurance broker by trade. He discussed how he completed risk analysis and risk factor ratings for properties. He commented on the risks surrounding some of the TCAAP property, as it was within a superfund site. He understood some of the property was highly contaminated and encouraged the City to speak with an attorney before developing this site. He feared the City would spend a fortune developing and defending this property. He explained he was asked by the Army to remove his private well and to hook up to City water because the water under the TCAAP property was highly contaminated. He reported pollution liability was a very big deal and he did not want this development to come back and bite the City in the future. Linda Swanson, 1124 Ingerson Road, explained she had attended all of the JDA meetings but has not been able to attend the JDA Advisory Committee meetings. She expressed concern with the fact the JDA Advisory Committee meetings were not held publicly nor were their minutes available to residents. She discussed how Councilmembers were to be transparent and make information available to the public, however with this committee, Councilmember Fabel did not feel it was necessary. She understood the JDA would be holding a worksession meeting on May 1. She questioned when the needs and the wants of Arden Hills residents would be addressed by the JDA. She asked when the County would be coming forward with their wants. She stated after the April 3 JDA meeting, she now understands why Ramsey County was pushing for so many affordable housing units. However, she questioned why Arden Hills should have to shoulder the affordable housing deficit that Ramsey County found themselves in. She summarized other comments that were made at the April 3 JDA meeting. She expressed concern with how the TCAAP project was moving forward given the numerous promises from the slate Councilmembers. Donna Weeman, 1406 Arden View Drive, stated at the April 3 JDA meeting, staff confirmed the minutes of the JDA Advisory Committee would be posted on the City's website. She reported this group has met on three different occasions and she looked forward to reviewing these minutes. She recommended a survey be completed for the TCAAP development now rather than later in order to gather information from Arden Hills residents. She discussed how Ramsey County was short 15,000 affordable housing units. She indicated this was a huge number and she anticipated some of the units within TCAAP would be affordable. However, she did not believe it made sense for the entire development to be affordable high density. She explained as of 2019, 40% of the housing units in Arden Hills were affordable at 80% AMI and 13% of the City's housing was at 30% AMI. Kathy Sukke, 1286 Karth Lake Circle, reported she has lived in Arden Hills for the past 36 years. She noted the JDA meeting held on April 3 was disappointing, noting the group followed Councilmember Rousseau's lead and curtailed freedom of speech from the public. She believed there was nothing clean about the clean slate serving on the JDA. She questioned why 40 years of experience had been removed from the JDA. She feared the City was not properly protected. She understood Ramsey County paid too much for the TCAAP property and she believed the federal government should have cleaned it up when they polluted it. She has been told that the site was only cleaned down to four feet and feared how homes or underground parking could be constructed on the property. She recommended the development remain at 1460 units as this would lead to 3,300 units. She stated this would be a very dense development as there would be over 3,000 people living on 161 acres. She explained she had to laugh at Ramsey County's ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 3 equitable development framework. She questioned what was equitable about Ramsey County taxing Arden Hills residents twice and suing the City for the cost of $300,000. She asked what was equitable about hiding true density designs so an honest traffic study for Highway 96 can be done. She stated true equity would demand a long public approval process if the County wants 2500 units, which would add 6,200 people to Arden Hills. She reported this would be a tremendous amount of density that would threaten the quality of life for the residents living in northern Arden Hills. She asked that the City now allow Ramsey County Commissioners to finally make an appearance at the JDA meetings and order City staff around. She expressed concern with the fact Ramsey County Commissioner Frethem and Councilmember Fabel were meeting in secret without minutes available to the public. Lynn Dias, 1143 Ingerson Road, encouraged the Council to fund Northwest Youth and Family Services. She recommended the City support a new AUAR and suggested this be done this fall. She agreed the JDA Advisory Committee should be providing minutes for the public to review after each meeting. She recommended the City complete a survey of Arden Hills residents that focuses solely on TCAAP. She supported the City hiring a professional to assist with the survey. 3. RESPONSE TO PUBLIC INQUIRIES None. 4. PUBLIC PRESENTATIONS None. 5. STAFF COMMENTS A. TCAAP/Rice Creek Commons Update City Administrator Perrault stated the JDA held a meeting on April 3. At that meeting, the JDA approved a request for development interest on the thumb property. He explained the County is going to seek proposals for the site and hopes to have a selection made by early fall. He noted the County gave presentations on Building 189, future County Park and Recreation projects, and their economic inclusion plan. He reported the JDA would be holding a workshop meeting on Monday, May 1 and topics are still to be determined, but will likely include a discussion on energy, a roadmap for the project, communication planning and public engagement. He explained summaries of the advisory committee meetings will be posted on the City's website once a page is determined. He stated Alatus held a meeting with representatives from the City, County and Army to discuss the remediation on the site. Councilmember Holden commented she would appreciate if JDA members would read through the minutes in order to make minor corrections. She noted Rice Street was included in the minutes and this should read Rice Creek. She reported the minutes were a reflection of what had been done at the meeting, and the information should be accurate. She asked if the County was given a warranty on the cleanup work that occurred on TCAAP. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 4 City Administrator Perrault stated he believed the County was given a three year warranty on this work, but he would have to investigate this matter further. Councilmember Holden indicated she was concerned with the criteria for the sale of the thumb property. She asked if the City's goals and objectives for the TCAAP development would be taken into consideration when this parcel is developed. She suggested a meeting be held to further discuss the Council's goals and objectives. She believed it was time for the City to speak up to ensure their voices were heard. She commented on the numerous tasks that were accomplished on TCAAP over the past 12 years. It was her hope that the County was not looking to build cheap houses on the TCAAP property. She feared this would lead to problems down the road. Mayor Grant stated the City had accomplished important things over the past 12 years, which included the creation of the JDA, along with bylaws for the JDA. He indicated the planning review process was created and a developer was selected. He reported the City worked with County and MNDOT to redo County Road H Roundabout. He noted an AUAR was completed in 2014 and this was updated in 2019. He discussed how the Council worked with the County to install a road to the thumb property. In addition, he noted the City successfully defended the JDA through a lawsuit. He indicated the City also put together a successful development proposal with the developer in May of 2022 which the County turned down. Mayor Grant requested further information on how the County defined early fall when the thumb property decisions would be made. City Administrator Perrault explained the County would like to have a project selected for the thumb property by October. Mayor Grant asked if Alatus could be considered for the thumb property. City Administrator Perrault explained this would be allowed. Mayor Grant stated it was his understanding Building 189 would be used as a regional asset for cross country skiing or bike racing. He indicated the building was now in the process of being torn down. He asked if another building would be built. City Administrator Perrault stated this was correct, the building would be torn down in April or early May. He reported it was his understanding the County would be pursuing community engagement on what type of community asset may be constructed in the future. He noted the County also had to secure funding for a new structure. Mayor Grant hoped that the City of Arden Hills would be part of the review process for the thumb property. It was his understanding the County would be having a score card and he feared the City would not be involved in the process. He discussed how the infrastructure and fiber channel was in place to development the thumb property. He asked if Alatus was qualified to develop the thumb property. City Administrator Perrault explained the developer does not have an agreement to be the master developer on the site. He understood the County was working on a refreshed agreement to ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 have Alatus act as the master developer for the California piece. He noted this has not been approved by the County or Alatus. Mayor Grant questioned when this would be decided. City Administrator Perrault anticipated this would occur before a decision was made on the thumb property. Mayor Grant stated the initial intention of the JDA was to have a master developer over the entire development. He explained the JDA did not want a developer to come in an select only certain sections to develop. He feared this would now occur through the development of the thumb property, noting he understood this would be a County initiated project. He asked that staff request a letter from the County requesting information as to their intention on the thumb property. City Administrator Perrault asked if this was the consensus of the Council. Councilmember Holden explained the JPA states the project would have one master developer. She questioned how the thumb property could be sold separately. She feared Alatus could sue the City if this parcel was removed from the TCAAP development. City Attorney Jamnik advised the JPA allows flexibility for the parties to change transactional details, goals and objectives. He reported there would be flexibility, if the JDA wants to proceed or modify the transactional details. He explained any lawsuits brought by the developer would be levied against the JDA and not the City or the County, although the County could be named as a separate parry based on the real estate transaction. He indicated the JDA has insurance in place to address any litigation that would arise with the master developer or any other party. Mayor Grant commented he would still like a basic letter from the County that states they would like to move forward with the thumb property. Councilmember Fabel indicated this letter would not be at the request of the City Council, unless there was consensus. He stated one commitment that was being made by the new JDA members was that they would not be pursuing a contentious relationship with the County. He explained the City would not be confrontational with the County, but rather would move forward as a cooperative partner. He did not support the City demanding a letter from the County at this time. He reported the County was strapped for cash because this project has been delayed for six years. He stated the County could not do anything on this project until they had some cash in hand. He explained the JDA would be working on a new agreement with the developer in a cooperative manner. He suggested the Mayor attend a future JDA meeting and ask the County representatives why they were doing what they were doing. Mayor Grant stated the County told the JDA they wanted to develop the thumb property and the JDA offered their support. He reported the development of this property was being done outside of the JDA. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 6 Councilmember Fabel stated the Mayor may request a letter from the County but the City Council will not be sending this letter. Councilmember Holden expressed concern that one Councilmember could speak on behalf of the entire City Council. She questioned why she would have to attend a JDA meeting in order to find out answers to the questions she had. She asked why the JDA liaisons could not offer responses to the questions that are being asked. She inquired why the City and its residents were not privy to this information. She encouraged the new City Councilmembers to be mindful in representing all 7,700 voting adults in Arden Hills and not just those who voted for them. Councilmember Fabel clarified the Council has not acted to ask for that letter. He noted the Council acts by a vote of the majority members. Mayor Grant commented this was not an agenda item that would be considered tonight. However, he asked in the interest of being a partner with the County if Councilmember Fabel could ask the County for a letter. He requested further information regarding Central Park within TCAAP. City Administrator Perrault stated he was not familiar with TCAAP having a Central Park. Councilmember Monson reported this was in reference to the park layout there was a northern, central and southern component of the Rice Creek regional plans. Mayor Grant questioned what other elements were needed by the County after the thumb property sold. Councilmember Fabel stated the County has been clear with this, noting the other elements included the spine road, utilities and mass grading of the TCAAP property. Mayor Grant explained the utilities would be a City responsibility. Councilmember Holden commented she questioned why the City Council was not meeting to discuss TCAAP at a worksession meeting. Mayor Grant asked if meetings that were not required to be open to the public, could be open to the public. City Attorney Jamnik reported these meetings could be open to the public. B. Transportation Update Mayor Grant requested staff provide the Council with an update on the traffic impacts along Lexington Avenue. Public Works Director/City Engineer Swearingen stated Ramsey County informed him this construction on Lexington Avenue would resume on Monday, April 17. He reported part of this ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 7 work would include closing Lexington Avenue at the railroad tracks to replace the crossing. He anticipated this work would take three or four weeks and detours would be posted. Mayor Grant asked when the Lexington Avenue project would be substantially complete. Public Works Director/City Engineer Swearingen reported the County stated the project would be substantially complete mid -July. Mayor Grant requested further information regarding the replacement of the railroad crossing. Public Works Director/City Engineer Swearingen explained this project and traffic closure was initiated by the Canadian Pacific Railroad. He reported because there was work being done on the roadway, the railroad would like to make enhancements to the railroad crossing. Councilmember Monson questioned how the City has communicated with the County in the past. She asked if there were opportunities to have weekly calls with the County regarding their improvement projects. Public Works Director/City Engineer Swearingen stated he attends weekly meetings with the County and the contractor. He noted Ramsey County leads the coordination of the projects and there has been multiple issues throughout this project. He reported this information is passed along to staff at the weekly meetings and through weekly updates. He noted staff received an email from the County regarding this recent change. Councilmember Monson indicated it appears the City was doing the right things, but she understood construction was tough to control. She understood this project could have been done better and communicated better with the City. She expressed concern with how local businesses would be further impacted by this project. She encouraged staff to communicate the project changes to these businesses in a timely manner. Public Works Director/City Engineer Swearingen stated the contractor and Ramsey County would lead the communication effort. He noted staff has also walked and met with every business. He was of the opinion the County had to do better for those businesses because they would now be impacted by the construction for a second season. Councilmember Holden reported the Twin Cities North Chamber was reaching out to each of the impacted businesses and was also creating a Back to Lexington campaign. She asked how the City could get information regarding the County culverts. Public Works Director/City Engineer Swearingen stated he would bring this topic up with the County engineers at a meeting in the first week of May. 6. APPROVAL OF MINUTES None. 7. CONSENT CALENDAR ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion To Approve Cooperative Agreement With Ramsey County For Landscaping Maintenance West Of TH-10 At Highway 96 C. Motion To Approve Professional Services Agreement For Feasibility Report — Bolton & Menk — 2024 Street And Utility Improvements Project 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 L. Motion T Approve 2023 State of Minnesota Instit„ io Community Work Crew F. Motion To Approve Professional Services Agreement Amendment No. 1 — Bolton & Menk —Lift Station No. 10 G. Motion To Approve Resolution 2023-014 Recommending The City Of Coon Rapids Award The 2023 Street Maintenance Program H. Motion To Approve Professional Services Agreement With Rainbow Tree Care I. 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 MOTION: Councilmember Monson moved and Councilmember Fabel seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried (5-0). 8. PULLED CONSENT ITEMS A. Motion To Approve 2023 State Of Minnesota Institution Community Work Crew (ICWC) Program Contract Councilmember Rousseau requested further information regarding this item. Public Works Director/City Engineer Swearingen stated 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 have 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. Staff commented further on the tasks that would be completed by the ICWC crews and recommended approval of the contract. Councilmember Rousseau asked if the crew members volunteered to serve on the work crews while they are incarcerated. Public Works Director/City Engineer Swearingen explained it was his understanding the crew members volunteered and they looked forward to the work. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 9 Mayor Grant commented one of the focuses of this program was to provide the crew members with job skills and experience completing different tasks. Councilmember Holden reported it took the City quite some time to get on the list for these crews. She indicated the City has had very few issues or problems with the program. Councilmember Fabel stated he supported the City working with this program. MOTION: Councilmember Holden moved and Councilmember Fabel seconded a motion to Approve 2023 State Of Minnesota Institution Community Work Crew (ICWC) Program Contract. The motion carried (5-0). 9. PUBLIC HEARINGS A. Quarterly Special Assessments for Delinquent Utilities Finance Director Bauman stated 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. Mayor Grant opened the public hearing at 8:15 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:16 p.m. B. Planning Case 23-004 — Amendments To Chapter 13, Sections 1305 And 1320 — Zoning Code — Solar Energy In Conservation District Community Development Director Jagoe stated 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. 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). hi 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 commented on the history of the AHATS property, provided further background information on the Zoning Code Text Amendments and requested the Council hold a public hearing. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 10 Mayor Grant clarified solar energy would be a conditional use and not a conditional use as an accessory. Community Development Director Jagoe reported this was the case. Mayor Grant opened the public hearing at 8:23 p.m. Lyle Salmela, 1480 Arden Vista Court, stated in 2015 the City, County and JDA approved and paid for TCAAP Energy Integration Resiliency Framework (EIRF). He reported this document was approved by the Army Corp of Engineers as an ideal site for a solar array. He explained the City and the County would be a part of and would benefit from a solar micro grid on TCAAP. He commented further on the benefits of having solar grid within this development and encouraged the City and JDA keep an eye on the regulations that were coming down from the federal government. Mayor Grant closed the public hearing at 8:28 p.m. C. Planning Case 23-003 — Minor Subdivision And Variance At 1174 Edgewater Avenue Community Development Director Jagoe stated 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. Community Development Director Jagoe reviewed the existing site conditions, site data and Plan Evaluation in detail and requested the Council hold a public hearing. Councilmember Monson asked if the Planning Commission discussed Tract B. Community Development Director Jagoe commented the Planning Commission discussed both south property line variance requests. She indicated Tract B was not further discussed because there was already a house on the lot to the south. She reported an additional five feet was added to Tract A to remain consistent with the neighboring properties. Councilmember Monson asked if the variance was just for Tract A. Community Development Director Jagoe reported there were variances requested for both tracts. Councilmember Holden questioned if the setbacks could be adjusted five feet on Tract A. Community Development Director Jagoe stated the applicant has a proposed house pad with building setbacks. She indicated the Planning Commission had the understanding the house pad location could be adjusted. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 11 Councilmember Holden asked what the distance would be between the two houses. Community Development Director Jagoe estimated the distance between the two homes would be 20 feet. Mayor Grant reviewed the front and rear yard setbacks for the lots. He asked if the front yard was facing the lake. Community Development Director Jagoe described how City ordinance defines lots and noted the rear yard for these two lots was the south property line, parallel with the road. Mayor Grant opened the public hearing at 8:50 p.m. Airika Coblentz, 3187 Lexington Avenue, requested the Council deny the variance request and reorientation of the property. She recommended Site Plan A be followed and not Site Plan B. She reported Site Plan B would create houses that are twice the size of the neighboring homes, which would not be in keeping with the character of the neighborhood. She discussed how these homes would not be consistent and would adversely impact the shoreline. She explained with big houses, comes big docks, big boats and disturbances along the shoreline. She questioned why Site Plan A was not moving forward. Sarah Albano, 3123 Shoreline Lane, stated she had many of the same concerns as Erica. She reported the size of the proposed homes was not in keeping with the neighboring properties. She explained she lives in an older home and she feared if this variance were allowed, the smaller homes on the lake would be torn down and replaced with large homes that were five feet apart. She urged the Council to not approve this variance as it would set a dangerous precedent. Mike Mezzenga, the applicant, explained he designated areas for building pads and reported no set house size had been determined for either of the two lots. He explained the new homes would be no larger than half the houses on the lake. He discussed how impervious surface requirements would determine the size of the homes on these lots. He stated he could support a change to the proposed setbacks, but asked why his project was being singled out. He reviewed an aerial photo of the lake and commented on the size and orientation of the neighboring homes. Airika Coblentz commented on how the applicant's property was unique because the road serving the two new lots ran perpendicular to the lake instead of being parallel to the lake. She reiterated that the footprints for the proposed lots were out of line with any other homes in the area. She noted the homes to the south were approximately 3,000 square feet in size and the homes to the north were 3,200 square feet in size. She indicated the two new homes would be quite a bit larger than this. She recommended Site Plan A be followed as this would allow for smaller homes and would not require the setbacks to be changed. She reported she would like the new homes to keep in character with the neighborhood. Mayor Grant closed the public hearing at 9:04 p.m. 10. NEW BUSINESS ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 12 A. Resolution 2023-016 Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Finance Director Bauman stated 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. MOTION: Councilmember Holden moved and Councilmember Fabel seconded a motion to adopt Resolution #2023-016 — Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities. The motion carried (5-0). 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 Community Development Director Jagoe stated 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. Staff provided further comment on the request and offered the following Findings of Fact: 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. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 13 Community Development Director Jagoe reported the Planning Commission recommended 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, based on the findings of fact and the April 10, 2023 Report to the City Council. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to adopt Ordinance 2023-002 Amending Section 1305, Subsection 1305.04 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. Councilmember Monson explained she fully supported the ordinance amendment. She believed this would be a fantastic location for a potential solar array. Councilmember Holden stated for the record the Primer Tracer property was going up for auction. Mayor Grant noted he supported the ordinance amendment as well. A roll call vote was taken. The motion carried (5-0). MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to Ordinance 2023-003 Amending Section 1320, Subsections 1320.04, 1320.05 and 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. A roll call vote was taken. The motion carried (5-0). MOTION: Councilmember Monson moved and Councilmember Fabel seconded a motion Authorizing Publication of Summary Ordinance 2023-002 and 2023-003. The motion carried (5-0). C. Resolution 2023-017 — Planning Case 23-003 — Minor Subdivision And Variance For 1174 Edgewater Avenue Community Development Director Jagoe stated 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. Staff commented further on the request and offered the following Findings of Fact: ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 14 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 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. Community Development Director Jagoe stated 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. Staff reported the Planning Commission recommended approval of 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. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 15 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. 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. Councilmember Holden asked if this request meets and/or exceeds the shoreline ordinance. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 16 Community Development Director Jagoe stated the applicant was not requesting any setback variances along the shoreline. Councilmember Fabel reported the Planning Commission supported the variance and minor subdivision request on a 4-1 vote. He questioned why one Commissioner opposed the request. Community Development Director Jagoe explained the one Commissioner who opposed the request wanted Tract A to have an increased setback from the south property line. Councilmember Rousseau thanked the Planning Commission for their thoughtful discussion of this Planning Case. Councilmember Holden asked if houses could be built on both Tract A and B without needing the variance requests. Community Development Director Jagoe stated under Site Plan A the lots would require some variances. Councilmember Holden stated she was concerned with the setbacks proposed for Tract B. She requested further information regarding the lake easement. Community Development Director Jagoe explained there was a comment at the Planning Commission regarding a 10 foot cartway access to the lake. She reported this access would be a private easement. She indicated the proposed subdivision would divide the land and would not erase any private easements in place. She stated the private easement would become a civil issue that would have to be pursued with a land attorney and the private property owner. Councilmember Holden questioned what the height of the new homes would be. Community Development Director Jagoe stated the homes could be no taller than 35 feet. She commented on how the City measured building height. She explained the applicant was aware of this requirement and he would be complying. Councilmember Holden indicated the parcel was zoned R-2, which meant the property could have four houses. Community Development Director Jagoe commented the applicant had looked at having four lots or townhomes, but the concept review he moved forward with has been for two single family lots. Mayor Grant questioned what the distance was between the two houses. Community Development Director Jagoe stated the distance between the houses on Tract A and B would be 20 feet. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 17 Councilmember Holden reported the applicant was asking for a five foot setback on the southern property line. She discussed how close this lot was to Edgewater. She inquired if the lot would have ample space for snow storage. Public Works Director/City Engineer Swearingen reported he has not looked into this but he did not believe there had been any issues to date with snow storage on this property. Councilmember Monson stated it was her understanding the applicant brought a concept review plan forward in 2022. She asked what the Council discussed at the concept review plan phase. Mayor Grant explained the applicant discussed the property to the east and how he had tried to purchase this land. Councilmember Holden indicated the previous request was to come in like a "T" for Tract B. She noted the Council did not previously have the building pads noted on the site plan. Councilmember Monson stated this was a unique parcel and she appreciated how the applicant was working to create two lots on the lake. She reported she was concerned with the south property line on Tract B. Councilmember Holden asked what percentage of the lot would be taken up by the building foundation. Community Development Director Jagoe stated Site Plan B showed a house and garage for Tract A that was 4,200 square feet in size and the house and garage on Tract B would be 3,700 square feet. Councilmember Holden understood the future buyer may not build a home that covered the entire building foot pad, but noted this may occur. She questioned if the City could reduce the size of the building foot print. Community Development Director Jagoe explained the Planning Commission recommended Tract A have a 10 foot setback from the side yard. She reported the Council could keep this setback in place or increase the size of the setback. Councilmember Holden inquired if the Council could approve the Site Plan only allowing 20% building foot print coverage. Community Development Director Jagoe stated staff would not be able to equate this for each lot tonight to know how that compares to other city code requirements. She noted this could be more restrictive than City Code, as code allows for lots to have a maximum structure coverage of 25%. City Attorney Jamnik advised it would be better for the Council to consider the setbacks on the lots than to restrict the percentage of structure coverage. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 18 Councilmember Fabel explained he supported the variance and minor subdivision. He thanked the Planning Commission for their careful consideration of the request. He did not support the City putting different requirements on this property. MOTION: Councilmember Fabel moved and Councilmember Rousseau seconded a motion to adopt Resolution #2023-017 for a Minor Subdivision and Variance as submitted by the applicant in Site Plan B for the property located at 1174 Edgewater Avenue, based on the findinLs of fact and submitted plans, as amended by the conditions in the April 10, 2023 report to the City Council. Councilmember Holden requested an amendment to the motion addition Condition 21 to read: The south side yard setback on Tract B shall be 10 feet. AMENDMENT: Councilmember Holden moved and Councilmember Monson seconded an amendment to add Condition 21 to read: The south side yard setback on Tract B shall be 10 feet. Councilmember Holden stated she appreciated the discussion and recommendations from the Planning Commission but noted she supported the south property line being increased to 10 feet. The amendment carried 4-1 (Councilmember Fabel opposed). Councilmember Monson explained this was a very difficult decision for her to make. She appreciated the fact the developer came forward with two single family homes, versus four townhomes. She supported the Council reviewing City Code in order to reduce the number of variances that came forward in the future. Councilmember Holden discussed the existing setbacks in the neighborhood. She commented she would not be able to support this request as she felt the setbacks were not appropriate. The amended motion carried 4-1 (Councilmember Holden opposed). ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 D. City/TCAAP Survey 19 City Administrator Perrault stated 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. At the worksession, staff was directed to have the survey be part of the upcoming Council retreat. Should Council want to move this forward the Council should provide staff with direction on how to proceed. Councilmember Rousseau reported she at the last Council worksession she brought forward a resident led initiative with an internal survey that was detailed and thoughtful. She stated she supported this survey moving forward, but the Council opted to discuss this further at a future retreat. She recommended the Council have a detailed discussion regarding a potential survey at this retreat. Councilmember Holden commented there was enough community support for the City to complete a TCAAP survey. She believed it was important for the residents of Arden Hills to provide input on the TCAAP development. She recommended a City survey be considered for 2024. Mayor Grant thanked Councilmember Rousseau for bringing this survey forward. He stated he was surprised by the County's action to split off the thumb property. He understood the residents of Arden Hills wanted to express their preferences because TCAAP would be part of their community. He did not recommend the survey be delayed, but rather that the pulse of the City should be taken in order for the Council to understand what should move forward on TCAAP. He recommended the City hire a professional organization to assist with conducting a survey on TCAAP. Councilmember Fabel stated the residents of Arden Hills want communication as TCAAP progresses. He noted the JDA was working towards this. He reported the next JDA worksession meeting would include an agenda item that addressed the analysis of how the communication process would work. He explained he had very little confidence in the information that would be gathered from a generalized survey. However, after a proposal was in place, he saw great benefit in gaining feedback from the public. He did not support the City spending $30,000 on a survey. He recommended a much more in depth conversation on this topic be held at the upcoming Council retreat. MOTION: Councilmember Fabel moved and Councilmember Rousseau seconded a motion to table action on this item to a future Council retreat. The motion carried 3-2 (Councilmember Holden and Mayor Grant opposed). E. Resolution 2023-018 Condemning The Use Of And Discharging Discriminatory Covenants On City -Owned Property And Approving Participation In The Just Deeds Coalition City Administrator Perrault stated at its March worksession, the City Council discussed participation with Just Deeds to assist residents with discharging discriminatory covenants on their property. In short, through the first half of the 20th century, discriminatory covenants were ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 20 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://justdeeds.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. MOTION: Councilmember Fabel moved and Councilmember Rousseau seconded a motion to adopt Resolution 2023-018, Condemning the Use of Discriminatory Covenants, Discharging Discriminatory Covenants on City -Owned Property, and Approving Participation in the Just Deeds Coalition. The motion carried (5-0). F. Request for Proposal for Attorney Services City Administrator Perrault stated 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. 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. Councilmember Rousseau supported the City conducting an RFP for both civil and prosecuting services. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to direct staff to draft an updated Request for Proposal (RFP) for attorney services for future Council approval. Councilmember Fabel supported the City moving forward with RFP's for attorney services. He indicated he would like the opportunity to have the Council being involved in review the RFP's. The motion carried (5-0). G. Northeast Youth and Family Services Agreement City Administrator Perrault stated 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. 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 the amount to $16,661. Assuming we maintain the agreement in 2024, staff will 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 ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 21 for in 2023. This approval will also authorize the Finance Director to make any budget adjustments. Councilmember Holden discussed why the City dropped off their support from NYFS. She explained there were many mental health non-profit services in the suburbs and the Council didn't see why one should be funded over the others. She then discussed how residents were billed by NYFS. Mayor Grant stated he appreciated the information provided by Councilmember Holden. He explained he knew a number of residents who were helped by NYFS and he understood no Arden Hills resident was turned away, regardless of the City's support. However, at this time he wanted to see the City supporting this organization. Councilmember Rousseau explained she would be supporting a contract with NYFS. Councilmember Monson indicated she also supported the contract. She noted there were a lot of mental health issues plaguing youth today and she appreciated the sliding scale being offered by NYFS. MOTION: Councilmember Monson moved and Councilmember Rousseau seconded a motion to approve the Northeast Youth and Family Services (NYFS) Agreement. The motion carried (5-0). Councilmember Fabel stated he supported the City moving forward with a contract with NYFS. MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to extend the City Council meeting to 11:00 p.m. The motion carried (5-0). H. TCAAP AUAR City Administrator Perrault stated 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 (EA 99 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. City Administrator Perrault reported 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 ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 22 updates. Should Council want to move this forward, Staff will work with Kimley Horn on obtaining a proposal for future consideration. Councilmember Holden asked if the AUAR was being updated or if the scenarios were changing. City Administrator Perrault reported it was his understanding the AUAR would be updated, the scenarios would not be changing and the maximum build out of 2500 units would not be changing. Further discussion ensued regarding how TCAAP would impact Highway 96 and Hamline Avenue. Mayor Grant questioned why the AUAR was being updated when it did not expire until 2024 and none of the scenarios were being changed. City Administrator Perrault commented the benefits were there was movement on the project and the updated AUAR would provide post COVID traffic information and would affirm decisions being made on the development. Mayor Grant questioned if the AUAR updates should wait until after the thumb property develops. City Administrator Perrault stated he would contend that the space on the thumb property would fall in line with campus commercial trip generations, which would fall in line with the AUAR update. Councilmember Holden indicated she did not believe now was the right time to update the AUAR either. She did not anticipate the thumb property would house a corporate campus, which meant the parcel would have a significant change that would impact the rest of the property. She questioned why the City would not want to know what was going to happen on this property before updating the AUAR. Councilmember Rousseau stated she would be interested in knowing what the AUAR looks like at this point. She supported staff working with Kimley-Horn to draft a proposal. Councilmember Fabel reported the Councilmembers who were appointed by this Council to serve on the JDA were in agreement with City Administrator Perrault that the AUAR should move forward this year. He believed this was the right way to proceed and he supported staff s recommendation. Councilmember Monson believed staff should not have an open checkbook, but rather the plan was to update the AUAR. She indicated the updated traffic information would be essential to the JDA. She supported this item moving forward in 2023. Mayor Grant questioned if Councilmember Fabel or Councilmember Monson knew the anticipated density on the TCAAP parcel. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 23 Councilmember Fabel stated he was working towards this and it would be greater than the City was stuck on for four and a half years. Councilmember Holden clarified that the City was not stuck on 1460, but rather this number was given to the County in order for the County to negotiate and come up with terms. Mayor Grant asked if densities above 1460 were offered to the County. City Attorney Jamnik reported he would prefer not to indicate what the Council said. Councilmember Holden explained the City Attorney addressed this matter earlier at a worksession meeting. She reported the City went above 1460. Councilmember Fabel commented a density number has not been resolved yet, but rather the JDA was working to find a number that works. He noted he would be working towards this number in a cooperative manner with the County. MOTION: Councilmember Fabel moved and Councilmember Monson seconded a motion to direct staff to work with Kimley Horn to draft a proposal to update the TCAAP AUAR. Mayor Grant stated he was struggling with the fact the City may have to complete the AUAR twice. He questioned if the parameters within the AUAR called for a density higher than 2500 units. Councilmember Fabel stated the parameters within the AUAR were not higher than 2500 units. AMENDMENT: Mayor Grant moved and Councilmember Holden seconded an amendment to specify the proposal shall not cost more than $20,000 and that the same parameters shall be used in the AUAR. Councilmember Fabel reported he opposed the amendment because it was putting unnecessary restraint for the AUAR to go forward. He explained the City did not know the cost for the AUAR and he did not want restrictions from the City to hinder this work. Mayor Grant indicated he did not like paying for things twice if he did not have to and he also did not support the City having an open checkbook for this project. He noted staff did not receive an estimate for this project but it was his understanding the previous AUAR cost $16,000. Councilmember Fabel reiterated that he opposed the amendment. Councilmember Monson did not believe the amendment was necessary. Councilmember Holden explained the Council has put caps on contracts in the past. She indicated she was still trying to understand why the AUAR was moving forward at this time, when the City did not understand what would be located on the thumb property. She stated she ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 24 would not support the AUAR moving forward until further information was made available regarding the thumb property. Councilmember Fabel called the question. A roll call vote was taken. The amendment failed 1-4 (Councilmembers Fabel, Holden, Monson and Rousseau opposed). MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to table action on the TCAAP AUAR. The motion failed 2-3 (Councilmembers Fabel, Monson and Rousseau opposed). Councilmember Fabel called the question on the original motion. A roll call vote was taken. The motion carried 3-2 (Councilmember Holden and Mayor Grant opposed). I. Proclamation declaring April to be Fair Housing Month City Administrator Perrault explained this item was added to the agenda during the approval of the agenda. He explained this proclamation was from the St. Paul Area Association of Realtors that recognized April to be Fair Housing Month in Arden Hills. MOTION: Councilmember Fabel moved and Councilmember Monson seconded a motion to declare April to be Fair Housing Month in the City of Arden Hills. Councilmember Holden stated she would not support the proclamation. She explained the City has had a policy for proclamations and how they were brought forward. She suggested this policy be further discussed at a future worksession meeting. Councilmember Monson explained she supported the proclamation and noted she would support the Council having a further discussion on the policy. Councilmember Holden asked if the Council could postpone action on this proclamation to the April 24 City Council meeting in order to allow the Council to discuss the policy at their April 17 worksession meeting. Councilmember Fabel discussed the proclamation that was before the Council and noted a dozen cities have already acted favorably on this proclamation. He reported this was an important proclamation in that it concerns City policy specifically that Arden Hills was to be an inclusive community committed to fair housing, to promoting appropriate activities by private and public entities and to provide and advocate for equal housing opportunities for all residents and perspective residents of Arden Hills. He reported April was to serve as Fair Housing Month and he believed it was appropriate to take action on this proclamation at this time. Mayor Grant stated he understood Councilmember Holden's concern. He explained he would prefer that the Council not get into social issues when it comes to proclamations. He supported the ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 25 City Council running the City and doing City business. He reported he held SPAAR in high regard, but would rather see the Council taking action on items that ran the City, versus addressing items on social issues. He did anticipate the Council would do no harm by approving this proclamation. Councilmember Monson supported the Council addressing the proclamation policy at a future worksession meeting. Councilmember Rousseau recognized proclamations can set a cultural reference for the community. She understood one proclamation may lead to another, which would lead to a can of worms. She believed this proclamation was rather benign and for this reason she would like to see the proclamation moving forward in April. Councilmember Fabel requested the Council take action on this item at this meeting. A roll call vote was taken. The motion carried 4-1 (Councilmember Holden opposed). 11. UNFINISHED BUSINESS None. 12. COUNCIL COMMENTS Mayor Grant thanked everyone who participated in the easter egg hunt. Mayor Grant stated after speaking with several members in the military he learned the Red Bulls would be holding a flag burning ceremony and they would be pleased to work with the City on this event. Mayor Grant reported Ramsey County put in a request for 800 megahertz service. He noted he sent an individual letter of recommendation for the County's grant request. Mayor Grant explained he was approached by a resident that made him aware Arden Hills was named one of the top ten best suburbs to buy a house and raise a family in Minnesota by Niche Ratings for Minnesota. He suggested staff put this information on the City's website. Mayor Grant encouraged the JDA to allow residents to speak for longer than two minutes. Mayor Grant requested the JDA liaisons speak to the fact the County wanted to move forward with the thumb property as a way to raise capital and put this officially in the minutes. That way he would not need a letter. Mayor Grant commented he hoped the request for developer interest on the thumb property would turn out well. He hoped that the citizens of Arden Hills would be able to have input on this process. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 26 Councilmember Rousseau explained her daughter and nephew participated in the egg hunt last weekend. She thanked staff and the volunteers that made this event possible. Councilmember Rousseau asked when the South Shore Fitness Park would be open to the public. Public Works Director/City Engineer Swearingen stated there were several punch list items that had to be resolved. He hoped the park would be ready for public use by the end of the summer. Councilmember Rousseau requested staff highlight this park in an upcoming newsletter when it was open to the public. Councilmember Holden suggested a groundbreaking or ribbon cutting ceremony be considered for this park. Councilmember Holden asked if MNDOT has contacted the City regarding buckthorn removal. Public Works Director/City Engineer Swearingen commented he has not heard back from MNDOT regarding buckthorn removal. He noted he could reach out again. Councilmember Holden thanked staff for all of their efforts on the easter egg hunt. Councilmember Holden stated the Army would be putting an RFP to clean up Round Lake. This project was anticipated to take five years to complete. She noted a fishing pier was planned for the lake. Councilmember Holden questioned if the City received a bid to secure the City's water towers. Public Works Director/City Engineer Swearingen commented he would be bringing this item to the Council at a future worksession meeting. Councilmember Holden encouraged the public to continue to bring their thoughts and requests for the TCAAP development to the City Councilmembers. Councilmember Fabel commended the Public Works Department for their tremendous efforts over the past several months during this very challenging winter. Councilmember Monson stated the JDA would be holding a worksession meeting on May 1. She indicated she would support the JDA allowing three minutes per person for public comment. Councilmember Monson reported she supported the thumb property being sold by the County and that this would kick off the redevelopment project. She indicated the County has a need for cash flow. Councilmember Monson asked how residents should address concerns regarding speeding traffic, vehicles running through stop signs and dogs off leash. ARDEN HILLS CITY COUNCIL — APRIL 10, 2023 27 City Administrator Perrault encouraged these residents to contact the Ramsey County Sheriff's Office by calling 911. ADJOURN MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to adjourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 11:00 p.m. Julie Hanson City Clerk David Grant Mayor I't ,-ADEN HILLS MEMORANDUM DATE: May 8, 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 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 #9 Paid Claims - 04/15/2023-05/01/2023 (Check Nos. 51739 -51762 and ACH Checks) Total Payroll Total Accounts Payable $99,796.33 $99,796.33 $82,556.10 $82,556.10 Total Claims $182,352.43 CITY OF ARDEN HILLS PAYROLL # 9 CHECKS DATED: 04/28/23 Biweekly: 04/08/23 - 04/21/23 EMPLOYEE DEDUCTIONS AMT. CITY BENEFIT Payment Method FIT 1 7,813.681 EFT EFT EFT EFT A/P Check* A/P Check* A/P Check* A/P Check* EFT EFT EFT A/P Check* EFT EFT A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* FICA Oasdi 5,096.20 5,096.20 FICA Medicare 1,191.871 1,191.87 SIT 3,376.76 TOTAL TAXES 1 17,478.511 6,288.07 Health Premium 2,144.47 1,111.33 Dental Premium 124.48 52.66 FSA Health Care Reimb. 0.00 FSA Dependent Care Reimb. 0.00 TOTAL FLEXIBLE SPENDING 2,268.951 1,163.99 HSA Health Saving 1,286.441 125.00 TOTAL HEALTH SAVINGS 1 1,286.441 125.00 PERA 5,188.28 5,986.48 ICMA 3,133.02 447.42 Central Pension Fund -Union 1,536.00 MN State Retirement System 1,305.79 TOTAL RETIREMENT 11,163.091 6,433.90 AFLAC 22.76 Life/Addl/Dep Life 47.59 0.00 Life/Addl non -tax 10.60 LTD/STD Insurance 0.00 PERA Life Insurance 32.00 IUOE 49 Dues Union 140.00 UNUM 19.51 Total Employee Deductions 32,469.45 Net Payroll 0.00 Direct Deposit 53,315.92 Gross Payroll Tie -Out 85,785.37 Plus City Paid Benefit 14,010.96 TOTAL PAYROLL COST 99,796.33 FICA TIE -OUT Gross Payroll 85,785.37 Less Total FSA 2,268.95 Less Total H.SA 1,286.44 Less Voluntary Ins 33.36 Net P/R Subject to FICA 82,196.62 FICA Oasdi 6.20% 5,096.20 FICA Medicare @ 1.45% 1,191.87 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: 5/4/2023 11:16 AM -fii�.DEN ]HiLLs Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0192 GRAINGER INC 04/21/2023 9670912840 Batteries 331.32 9671124734 Batteries 558.00 Total for this ACH Check for Vendor 0192: 889.32 ACH 0327 STAPLES INC 04/21/2023 3534652056 Supplies -Credit -30.89 3534928836 Supplies 30.89 3534928837 Supplies 144.61 3534928837 Supplies 90.98 Total for this ACH Check for Vendor 0327: 235.59 ACH 0381 M SSIONSQUARE RETIREMENT 04/21/2023 109-320940-A Annual Plan Fee 4/1-6/30 250.00 Total for this ACH Check for Vendor 0381: 250.00 ACH 0750 VERIZON WIRELESS 04/21/2023 9932217888 Service4/11-5/10 1,111.83 Total for this ACH Check for Vendor 0750: 1,111.83 ACH 10497 CINTAS CORP 04/21/2023 5154373702 First Aid -Truck Kits 952.47 Total for this ACH Check for Vendor 10497: 952.47 ACH 1125 BOLTON & MENK INC 04/21/2023 0309862 Delkor Systems PC 23-005 #663 225.00 0309862 Flaherty's PC 23-007 #692 67.50 0309862 Lindey's PC 23-006 #694 225.00 0309862 2/18/23-3/17/23 Planning Services 36.75 0309862 2/18/23-3/17/23 Planning Services 110.25 0309862 2/18/23-3/17/23 Planning Services 588.00 0309862 2/18/23-3/17/23 Planning Services 2,295.00 Total for this ACH Check for Vendor 1125: 3,547.50 ACH 1363 WATER CONSERVATION SERVICES IN( 04/21/2023 13161 Leak Locate-1164 Ingerson Rd 433.46 Total for this ACH Check for Vendor 1363: 433.46 ACH 1408 SUPPLY SOLUTIONS LLC 04/21/2023 41071 CH Supplies 285.38 Total for this ACH Check for Vendor 1408: 285.38 ACH 1785 ECOTHYNK 04/21/2023 AP Checks by Date - Detail by Check Date (5/4/2023 11:16 AM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 2071 April UB Statements 624.30 2071 April UB Statements 624.30 2071 April UB Statements 624.30 Total for this ACH Check for Vendor 1785: 1,872.90 ACH 2851 MC TOOL & SAFETY SALES INC 04/21/2023 015980 shovels/Milwaukee pump stick and blower 711.66 Total for this ACH Check for Vendor 2851: 711.66 ACH 4889 COMMUNITY FOOTWORKS 04/21/2023 04052023 April Foot Care Clinic 325.60 Total for this ACH Check for Vendor 4889: 325.60 ACH 5173 BADGER METER 04/21/2023 80124440 Gateway Cellular -October 22 100.00 80124441 Gateway Cellular -August 22 100.00 Total for this ACH Check for Vendor 5173: 200.00 ACH 5665 METERING & TECHNOLOGY SOLUTI( 04/21/2023 INV1573 M25 Meters 1,164.16 Total for this ACH Check for Vendor 5665: 1,164.16 ACH 7025 ON SITE COMPANIES -OSSTC INC 04/21/2023 0001515078 Restrooms 4/15-5/12 203.00 Total for this ACH Check for Vendor 7025: 203.00 51739 2597 AARP 04/21/2023 032123 AARP Driver Safety 3/21/23 140.00 Total for Check Number 51739: 140.00 51740 10507 ANIMAL HUMANE SOCIETY 04/21/2023 35623 Animal Control-Q1 2023 493.00 Total for Check Number 51740: 493.00 51741 0131 BEISSWENGERS DO IT BEST 04/21/2023 704374 Supplies 12.08 705658 Supplies 1.95 Total for Check Number 51741: 14.03 51742 1033 COMCAST 04/21/2023 44271.0523 Service 4/21-5/20 6.51 98681.0423 Service 4/5-5/4 111.32 Total for Check Number 51742: 117.83 51743 UB*00641 JUDD DUININCK 04/21/2023 Refund Check 003168-000, 2056 Stowe Avenue 38.39 Total for Check Number 51743: 38.39 51744 10218 HR GREEN INC 04/21/2023 161825 P8 Modeling -March 63.50 161826 Comprehensive Drainage -March 107.25 AP Checks by Date - Detail by Check Date (5/4/2023 11:16 AM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 51744: 170.75 51745 IDAI IDEAL ADVERTISING INC 04/21/2023 7930 Table Runner 217.00 Total for Check Number 51745: 217.00 51746 0390 INT'L UNION OPERATING ENGINEERS 04/21/2023 1200.0423 April Dues 280.00 Total for Check Number 51746: 280.00 51747 UB*00642 SIMON KOCH 04/21/2023 Refund Check 003074-000, 2001 County Road 1 55.96 Total for Check Number 51747: 55.96 51748 0257 MINNESOTA DEPT OF HEALTH 04/21/2023 12839.2023 Water Supply Operator Renewal-2023 23.00 Total for Check Number 51748: 23.00 51749 0600 NCPERS GROUP LIFE INS 04/21/2023 315800052023 May Insurance 64.00 Total for Check Number 51749: 64.00 51750 0155 OFFICE OF MN IT SERVICES 04/21/2023 W23030552 March Phones 750.32 Total for Check Number 51750: 750.32 51751 0811 RAMSEY COUNTY 04/21/2023 EMCOM-010733 Fleet Support Fee -March 24.96 Total for Check Number 51751: 24.96 51752 6748 RELIANCE STANDARD 04/21/2023 GL154938.0523 May Insurance 1,519.50 Total for Check Number 51752: 1,519.50 51753 SRFC SRF CONSULTING GROUP INC 04/21/2023 14320.00-15 MVHS Trail Improv-March 6,172.95 Total for Check Number 51753: 6,172.95 51754 1081 UTILITY LOGIC 04/21/2023 13907 supplies 82.84 13907 supplies 82.84 13907 supplies 82.84 Total for Check Number 51754: 248.52 Total for 4/21/2023: 22,513.08 ACH 0243 METROPOLITAN COUNCIL -WASTE WE 04/28/2023 0001155696 Industrial Discharge Permit-2023 425.00 Total for this ACH Check for Vendor 0243: 425.00 AP Checks by Date - Detail by Check Date (5/4/2023 11:16 AM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0327 STAPLES INC 04/28/2023 3535356819 Supplies 126.03 3535356820 Supplies 23.58 3535356820 Supplies 4.78 Total for this ACH Check for Vendor 0327: 154.39 ACH 0382 MISSIONSQUARE #106944 04/28/2023 PR 23-009 PR Batch 00200.04.2023 ICMA Employee Perce PR Batch 00200.04.2023 ICU 387.76 PR 23-009 PR Batch 00200.04.2023 ICMA Employer Perce PR Batch 00200.04.2023 ICU 447.42 Total for this ACH Check for Vendor 0382: 835.18 ACH 0387 MISSIONSQUARE #302482 04/28/2023 PR 23-009 PR Batch 00200.04.2023 ICMA Employee Dedu PR Batch 00200.04.2023 ICU 2,503.00 PR 23-009 PR Batch 00200.04.2023 ICMA Employee Perce PR Batch 00200.04.2023 ICU 242.26 Total for this ACH Check for Vendor 0387: 2,745.26 ACH 0453 CONTINENTAL RESEARCH CORP 04/28/2023 0043940 Cleaning Products 1,044.00 Total for this ACH Check for Vendor 0453: 1,044.00 ACH 10363 MINUTE MAKER SECRETARIAL 04/28/2023 M1668 PC Minutes 4/5/23 282.00 M1668 JDA Minutes 4/3/23 236.25 M1668 CC Minutes 4/10/23 532.00 Total for this ACH Check for Vendor 10363: 1,050.25 ACH 10365 JENNIFER SHULL 04/28/2023 04252023 Mileage Reimbursement 20.96 Total for this ACH Check for Vendor 10365: 20.96 ACH 10497 CINTAS CORP 04/28/2023 5154969394 First Aid -Truck Kits & Eye Wash Cartridges 1,185.61 Total for this ACH Check for Vendor 10497: 1,185.61 ACH 1252 CAMPBELL KNUTSON - ATTORNEYS) 04/28/2023 3231 G-0323 March Legal Escrow PC 22-023 #616 579.50 3231 G-0323 March Legal Escrow PC 23-004 #691 62.00 3231G-0323 March Legal 1,504.30 3231G-0323 March Legal 170.50 3231G-0323 March Legal 217.00 3231G-0323 March Legal 1,118.10 Total for this ACH Check for Vendor 1252: 3,651.40 ACH 2851 MC TOOL & SAFETY SALES INC 04/28/2023 015998 Rainsuits 123.00 Total for this ACH Check for Vendor 2851: 123.00 ACH 5593 AMERICAN LEGAL PUBLISHING COR 04/28/2023 24731 Internet Renewal 5/15/23-5/15/24 495.00 24902 Ords 2023-002, 2023-003 27.00 Total for this ACH Check for Vendor 5593: 522.00 AP Checks by Date - Detail by Check Date (5/4/2023 11:16 AM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 6129 FAST SIGNS INC 04/28/2023 204-60198 Nametag 85.24 Total for this ACH Check for Vendor 6129: 85.24 ACH 8032 PACE ANALYTICAL FIELD SVC INC 04/28/2023 1223-7037 Drinking Water Survey -February 1,123.50 1223-7038 Drinking Water Survey -March 1,171.00 Total for this ACH Check for Vendor 8032: 2,294.50 ACH 8870 CHET'S SHOES INC 04/28/2023 40344 Boots -MG 200.00 Total for this ACH Check for Vendor 8870: 200.00 ACH ALPI ALLEGRA PRINT & IMAGING INC 04/28/2023 169030 Business Cards -LC 144.12 Total for this ACH Check for Vendor ALPI: 144.12 ACH ZARN ZARNOTH BRUSH WORKS INC 04/28/2023 0193280-IN Broom Refill 558.00 0193388-IN Broom Refill 1,062.00 Total for this ACH Check for Vendor ZARN: 1,620.00 51755 2597 AARP 04/28/2023 AARP C16658 AARP Driver Safety-4/25/2023 145.00 Total for Check Number 51755: 145.00 51756 0131 BEISSWENGERS DO IT BEST 04/28/2023 707699 Supplies 7.19 Total for Check Number 51756: 7.19 51757 AR -BOB BOB MICHELS CONSTRUCTION INC 04/28/2023 GE 2022-00368 Escrow Refund GE 2022-00368; 1680 Lake Joh< 2,000.00 Total for Check Number 51757: 2,000.00 51758 1193 FURTHER INC 04/28/2023 16456487 April Participant Fee 52.50 Total for Check Number 51758: 52.50 51759 10486 MINNESOTA METRO NORTH TOURIST\ 04/28/2023 042023 SpringHill Suites March lodging tax 6,375.24 042023 Quality Inn March lodging tax 1,668.20 Total for Check Number 51759: 8,043.44 51760 0811 RAMSEY COUNTY 04/28/2023 FLEET-000801 Fuel Purchase -March 3,626.10 PRK-002202 Q1 2023 RC Inspections 332.52 PRK-002202 Q1 2023 RC Inspections -0.01 PRMG-004996 PW Rental Space -May 2,580.26 PRMG-004996 PW Rental Space -May 5,160.53 PRMG-004996 PW Rental Space -May 1,146.78 PRMG-004996 PW Rental Space -May 2,580.26 AP Checks by Date - Detail by Check Date (5/4/2023 11:16 AM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 51760: 15,426.44 51761 1300 UNIFIRST CORPORATION 04/28/2023 090 0761914 April Mats 126.77 Total for Check Number 51761: 126.77 51762 1161 VALLEY -RICH CO INC 04/28/2023 31883 Watermain Repair- 1910 Stowe Ave 5,071.65 Total for Check Number 51762: 5,071.65 Total for 4/28/2023: 46,973.90 ACH ACH001 US BANK 04/30/2023 BAARS42023 CRYSTEEL TRUCK EQUIPMENT -Supplies 12.44 BAUMG42023 JIMMIES OLD SOUTHERN BBQ-EE Apprecia 730.82 BAUMG42023 WILLSCOT MOBILE MINI -Warming House 3/ 985.00 CHRIM42023 DT *DULUTH TRADING CO -Clothing 152.95 FRIDJ42023 TOUGH SEATS-backhoe seat #85204 1,577.45 GEBAM42023 MENARDS ST. CROIX FALLS -Clothing 225.63 GEBAM42023 CHETS SHOES - CP CIRCLE P-Cothing 96.18 GEBAM42023 CRYSTEEL TRUCK EQUIPMENT -springs for 107.50 HANSJ42023 GREEN MILL - ST CLOUD -Conference 41.82 HANSJ42023 BEST WESTERN ST CLOUD -Conference 368.28 HANSJ42023 JIMMY JOHNS - 1532 - CC Worksession 211.99 HANSJ42023 LEAGUE OF MN CITIES -June Conference 270.00 HANSJ42023 GREEN MILL - ST CLOUD -Conference 23.90 HANSJ42023 BEST WESTERN ST CLOUD -Conference 368.28 HANSJ42023 LEAGUE OF MN CITIES -June Conference 425.00 HANSJ42023 FMCSA D&A CLEARINGHOUSE-CDL Querie 6.25 HANSJ42023 GREEN MILL - ST CLOUD -Conference 23.90 HANSJ42023 LEAGUE OF MN CITIES -June Conference 285.00 JAGOJ42023 LEAGUE OF MN CITIES -Training 45.00 JOHNM42023 SAMSCLUB #6309-Egg Hunt Supplies 280.00 JOHNM42023 SAMS CLUB #6309-Membership 50.00 JOHNM42023 FUN EXPRESS -Egg Hunt Supplies 132.41 JOHNM42023 TARGET -Egg Hunt Supplies 56.01 JOHNM42023 CANVA* -Egg Hunt Advertisement 149.90 JOHNM42023 FUN EXPRESS -Egg Hunt Supplies 345.96 JOHNM42023 PARTY CITY 1148-Egg Hunt Supplies 44.67 JOHNM42023 TARGET -Egg Hunt Supplies 105.80 MIKAT42023 MENARDS 3385-Cleaners 30.00 MIKAT42023 APPLE.COMBILL-Icloud 0.99 MIKAT42023 MENARDS 3385-Cabinet & Cargo Net 457.40 MIKAT42023 NORTHERN TOOL EQUIP -tools 100.95 MOONJ42023 IBUY STORES INC-part #85309 38.59 SWEAD42023 IN *BACK MUNICIPAL CONSUL -Training 50.00 SWEAD42023 U OF M CONTLEARNING-Training Credit -30.00 Total for this ACH Check for Vendor ACH001: 7,770.07 ACH ACH002 AFLAC 04/30/2023 439151 Insurance Premiums- Apr 2023 45.52 Total for this ACH Check for Vendor ACH002: 45.52 ACH ACH005 MINNESOTA REVENUE -SALES & USE 04/30/2023 32023 March Sales/Use Tax -0.06 AP Checks by Date - Detail by Check Date (5/4/2023 11:16 AM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 32023 March Sales/Use Tax 0.07 32023 March Sales/Use Tax 36.06 32023 March Sales/Use Tax 32.93 Total for this ACH Check for Vendor ACH005: 69.00 ACH ACH006 MINNESOTA DEPT OF LABOR-BLDG P 04/30/2023 32023 Q1 Building Surcharge 3,407.72 32023 Q1 Building Surcharge-136.31 Total for this ACH Check for Vendor ACH006: 3,271.41 ACH ACH007 QUADIENT FINANCE USA INC 04/30/2023 6418.0423 Postage 04/19/23 1,000.00 Total for this ACH Check for Vendor ACH007: 1,000.00 Total for 4/30/2023: 12,156.00 ACH ALPI ALLEGRA PRINT & IMAGING INC 05/01/2023 042823 April/May Newsletter Postage 913.12 Total for this ACH Check for Vendor ALPI: 913.12 Total for 5/l/2023: 913.12 Report Total (60 checks): 82,556.10 AP Checks by Date - Detail by Check Date (5/4/2023 11:16 AM) Page 7 CONSENT ITEM — 7B ,--ARZEN HILLS MEMORANDUM DATE: May 8, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director SUBJECT: Amendments to Conduit Revenue Notes Series 2011A, 2012A and 2015 Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion(s) to approve, table or deny the following: • Resolution 2023-022 relating to the approval of an amendment to the City's Series 2015 Note, Series 2011A Note and Series 2012A Note, issued for the benefit of Presbyterian Homes of Arden Hills, Inc. Discussion The City previously issued certain conduit revenue obligations which need to be modified due to the phase out of LIBOR (used in determining the interest rate). Our Bond Counsel has determined that the Amendments will not be considered a significant modification of the Notes and will not result in a reissuance. Please see the attached letter from Kennedy & Graven for more details. Budget impact None. Attachments A. Kennedy & Graven letter B. Notice of interest rate change C. Resolution 2023-022 approving amendments to the Notes D. Allonge to 2011A Note E. Allonge to 2012A Note F. Allonge to 2015 Note Page I of I C H A R T E R E ❑ Offices in Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis Minneapolis, MN 55402 (612) 337-9300 telephone Saint Paul (612) 337-9310 fax St. Cloud kennedy-graven.com Affirmative Action, Equal Opportunity Employer Thursday, April 27, 2023 Dave Perrault City Administrator City of Arden Hills 1245 West Highway 96 Arden Hills, Minnesota 55112 Attachment A SOFIA E. LYKKE Attorney at Law Direct Dial: (612) 337-9283 Email: slykke@kennedy-graven.com VIA EMAIL Re: Resolution relating to the approval of an amendment to the City's Series 2015 Note, Series 2011A Note, and Series 2012A Note, issued for the benefit of Presbyterian Homes of Arden Hills, Inc. Dear Mr. Perrault: I write regarding certain outstanding tax-exempt conduit revenue obligations issued by the City of Arden Hills, Minnesota (the "Cily"), including the Series 2011A Note, Series 2012A Note, and Series 2015 Note (each, as defined below), the interest rates on which are proposed to be modified. Such modifications require the City's approval. On September 9, 2011, the City issued its Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2011A (the "Original 2011A Note"), in the original aggregate principal amount of $10,000,000. The City loaned the proceeds of the Original 2011A Note to Presbyterian Homes of Arden Hills, Inc., a Minnesota nonprofit corporation (the "Borrower"), pursuant to a Loan Agreement, dated as of September 1, 2011 (the "2011A Loan Agreement"), between the City and the Borrower, for the purposes of financing the acquisition, construction, and equipping of an approximately 166-unit multifamily housing development consisting of a senior rental housing facility comprised of independent living units, assisted living units, and memory -care units (the "Phase I Project") located at 3120 and 3220 Lake Johanna Boulevard in the City of Arden Hills, Minnesota ("Arden Hills") and paying certain financing and issuance costs related thereto. On January 3, 2012, the City issued its Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2012A (the "Original 2012A Note"), in the original aggregate principal amount of $10,000,000. The City loaned the proceeds of the Original 2012A Note to the Borrower, pursuant to a Loan Agreement, dated as of January 1, 2012 (the "2012A Loan Agreement"), between the City and the Borrower, for the purposes of financing the costs of the acquisition, construction, and equipping of the Phase I Project and paying certain financing and issuance costs related thereto. The Original 2011A Note and the Original 2012A Note were purchased by Bremer Bank, National Association, a national banking association (the "Lender"). On July 17, 2015, the City issued its Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2015 (the "Series 2015 Note"), in the original aggregate principal amount of $10,000,000. The City loaned the proceeds of the Series 2015 Note to the Borrower pursuant to a Loan Agreement, dated July 17, 2015 (the "2015 Loan Agreement"), between the City and the Borrower, for the purposes of financing the development of an approximately 40-unit senior housing facility comprised of independent -living, rental apartments within two buildings, together with necessary common areas and community space (the "Phase II Project") located at 3200 Lake Johanna Boulevard in Arden Hills and paying certain financing and issuance costs related thereto. The Series 2015 Note was purchased by the Lender. On August 3, 2015, the City amended, restated, and reissued the Original 2011A Note, in the original aggregate principal amount of $9,503,938.05, re -designated as the Amended and Restated Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2011A (together with the Original 2011A Note, the "Series 2011A Note"). On September 2, 2015, the City amended, restated, and reissued the Original 2012A Note, in the original aggregate principal amount of $9,481,981.98, re -designated as the Amended and Restated Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2012A (together with the Original 2012A Note, the "Series 2012A Note"). Pursuant to the terms of the 2011A Note, the 2012A Note, and the 2015 Note (collectively, the "Notes"), the interest rate on each of the Notes is adjustable on the fifteenth day of each calendar month (each, a "Reset Date") at rates determined by the Lender using the one -month London Interbank Offered Rate ("LIBOR"). The use of LIBOR, however, is currently being phased out and will no longer be available after June 30, 2023. As a result, the Lender has informed the City and the Borrower that for each Reset Date occurring on or after July 1, 2023, interest on the Notes will be calculated using a waterfall of fallback rates that initially references the one -month Secured Overnight Financing Rate (SOFR), and such change (the "Amendment") must be reflected in the Notes. The Borrower would like the City to consider the enclosed resolution at an upcoming City Council meeting, which would approve the Amendment to each of the Notes. To memorialize the Amendment, the City will be asked to execute an Allonge to each of the three Notes. Kennedy & Graven, Chartered, as bond counsel to the City with respect to the issuance of the Notes, has determined that such Amendment to the Notes will not be considered a significant modification of the Notes and will not result in a reissuance of the Notes for tax purposes pursuant to Section 1.1001-3 of the Treasury Regulations promulgated under the Internal Revenue Code of 1986, as amended, as the rate has been replaced with a fallback waterfall rate that is a qualified rate described in Section 1.1001-6(h)(3)(ii) of the Treasury Regulations. The Notes will continue to constitute special, limited obligations of the City, will continue to be payable and secured solely by the revenues derived from the 2011A Loan Agreement, 2012A Loan Agreement, and the 2015 Loan Agreements (collectively, the "Loan Agreements"), respectively, including the Phase I Project and Phase II Project, and from other security provided by the Borrower. The Notes will not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City (other than the interests of the City in the Loan Agreements) and will not be secured by any taxing power of the City. The Notes will not be subject to any debt limitation imposed on the City. The 2015 Note was designated upon issuance, and the Series 2011A and 2012A Notes were each deemed designated upon reissuance, as "bank -qualified" obligations, and each of the Notes will continue to be treated as "bank qualified" after the Amendment to the Notes. The Amendment to the Notes will not impact the City's ability to issue "bank -qualified" bonds in calendar year 2023. AR200-21-870713.v1 The Amendment to the Notes will not be considered a new issuance of debt by the City. Under the terms of the Loan Agreements, the City collected an administrative fee on the respective closing dates for each of the Notes. While the City will not collect an additional administrative fee in connection with the Amendment to the Notes, any actual costs incurred by the City, including legal fees, will be paid by the Borrower or Lender. Please contact me with any questions on the foregoing. Sincerely, QT- t � (I" Sofia E. Lykke AR200-21-870713.v1 Attachment B NOTICE OF INTEREST RATE CHANGE April 27, 2023 Presbyterian Homes of Arden Hills, Inc. City of Arden Hills, Minnesota 2845 Hamline Avenue N. 1245 W. Highway 96 Roseville, MN 55113 Arden Hills, MN 55112 Attn: Chief Financial Manager Attn: City Administrator Kennedy & Graven, Chartered 150 South Fifth Street, Suite 700 Minneapolis, MN 55402-1299 Re: City of Arden Hills, Minnesota Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2015 issued to Bremer Bank, National Association ("Lender") in the original principal amount of $10,000,000.00; and City of Arden Hills, Minnesota Amended and Restated Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2011A reissued to Lender in the original principal amount of $9,503,938.05; and City of Arden Hills, Minnesota Amended and Restated Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2012A reissued to Lender in the original principal amount of $9,481,981.98 (collectively, the "Notes") Ladies and Gentlemen: As you are aware, the interest rate for the Notes are based on the 1-Month LIBOR Rate (as defined in the Notes), plus 2.5%, multiplied by 0.67 (collectively, the "Existing Index Rate"). The 1-Month LIBOR Rate will no longer be available after June 30, 2023. The terms of the Notes with respect to the monthly resetting of the interest rate provide, in part, as follows: "If on any Reset Date, the 1-Month LIBOR Rate is no longer used by the Lender as its index for adjustment, or is no longer available, the Lender will select a new index for adjustment which is based upon comparable information and give the City and Borrower written notice of the selected new index." AR200-21-870700.0 Paae Two The Lender hereby notifies you that for each Reset Date (as defined in the Notes) occurring on or after July 1, 2023, the Existing Index Rate shall be replaced with a rate per annum equal to (a) the sum of (i) 2.5% and (ii) the Benchmark, which is initially Fallback Rate (SOFR), as those terms are defined in the Allonges to each of the Notes included with this Notice, (b) multiplied by 0.67 (collectively, the "Replacement Index Rate"). The Replacement Index Rate is a rate that is comparable to the Existing Index Rate. Enclosed herewith are an Allonge to each of the Notes which evidence the new Replacement Index Rate for the Notes. Terms not defined herein are defined in the Allonges to Notes. We request that the City of Arden Hills, Minnesota, as Issuer of the Notes, and Presbyterian Homes of Arden Hills, Inc., as the Borrower, upon approval respectively, execute the enclosed Allonges to Notes and return them to the undersigned at the following address: Bremer Bank, National Association 225 South Sixth Street, Suite 300 Minneapolis, MN 55402 Attn: Jenny Blake We also request that bond counsel provide an update to its opinion confirming the execution and delivery of the Allonges to Notes will not adversely affect the tax- exempt status of the Notes. Bremer Bank, National Association By: k44n eoltl� Its. Vice Pr sident /enclosure AR200-21-870700.0 A EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-022 Attachment C RESOLUTION APPROVING AMENDMENTS TO THE SENIOR HOUSING REVENUE NOTE (PRESBYTERIAN HOMES OF ARDEN HILLS, INC. PROJECT), SERIES 2015, AMENDED AND RESTATED SENIOR HOUSING REVENUE NOTE (PRESBYTERIAN HOMES OF ARDEN HILLS, INC. PROJECT), SERIES 2011A, AND AMENDED AND RESTATED SENIOR HOUSING REVENUE NOTE (PRESBYTERIAN HOMES OF ARDEN HILLS, INC. PROJECT), SERIES 2012A; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ALLONGE TO EACH OF SUCH NOTES WHEREAS, on September 9, 2011, pursuant to a resolution adopted by the City Council of the City of Arden Hills, Minnesota (the "City") on August 29, 2011 (the "2011 Resolution"), the City issued its Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2011A (the "Original 2011A Note"), in the original aggregate principal amount of $10,000,000.00, and loaned the proceeds thereof to Presbyterian Homes of Arden Hills, Inc., a Minnesota nonprofit corporation (the "Borrower"), pursuant to a Loan Agreement, dated as of September 1, 2011 (the "2011A Loan Agreement"), between the City and the Borrower, for the purposes of financing the acquisition, construction, and equipping of an approximately 166-unit multifamily housing development consisting of a senior rental housing facility comprised of independent living units, assisted living units, and memory -care units (the "Phase I Project") located at 3120 and 3220 Lake Johanna Boulevard in the City and paying costs of issuance of the Original 2011 A Note; and WHEREAS, on January 3, 2012, pursuant to the 2011 Resolution, the City issued its (i) Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2012A (the "Original 2012A Note"), in the original aggregate principal amount of $10,000,000.00, and loaned the proceeds thereof to the Borrower pursuant to a Loan Agreement, dated as of January 1, 2012 (the "2012A Loan Agreement"), between the City and the Borrower, for the purposes of financing the costs of the acquisition, construction, and equipping of the Phase I Project and paying certain financing and issuance costs related thereto; and WHEREAS, Bremer Bank, National Association, a national banking association (the "Lender"), purchased the Original 201 IA Note and the Original 2012A Note; and WHEREAS, on July 17, 2015, pursuant to a resolution adopted by the City Council of the City on June 29, 2015 (the "2015 Resolution"), the City issued its Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2015 (the "Series 2015 Note"), in the original aggregate principal amount of $10,000,000, and loaned the proceeds thereof to the Borrower pursuant to a Loan Agreement, dated July 17, 2015 (the "2015 Loan Agreement"), between the City and the Borrower, for the purposes of financing the development of an approximately 40-unit senior housing facility comprised of independent -living, rental apartments within two buildings, together with necessary common areas and community space (the "Phase II Project") located at 3200 Lake Johanna Boulevard in the City and paying certain financing and issuance costs related thereto; and AR200-21-870719.v1 WHEREAS, the Lender purchased the Series 2015 Note; and WHEREAS, pursuant to the 2015 Resolution, the City also approved certain amendments to the Original 2011A Note and the Original 2012A Note in conjunction with the issuance of the Series 2015 Note, which amendments constituted a significant modification of the Original 201 IA Note and Original 2012A Note and caused a reissuance thereof under federal income tax law and regulations, and upon the effective date of such amendments, the Original 2011A Note and Original 2012A Note were treated as refunded on such dates; and WHEREAS, on August 3, 2015, pursuant to the 2015 Resolution, the City amended, restated, and reissued the Original 2011A Note, in the original aggregate principal amount of $9,503,938.05, as the Amended and Restated Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2011A (together with the Original 2011A Note, the "Series 2011 A Note"); and WHEREAS, on September 2, 2015, pursuant to the 2015 Resolution, the City amended, restated, and reissued the Original 2012A Note, in the original aggregate principal amount of $9,481,981.98, as the Amended and Restated Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2012A (together with the Original 2012A Note, the "Series 2012A Note"); and WHEREAS, pursuant to the terms of the Series 2011A Note, the Series 2012A Note, and the Series 2015 Note (collectively, the "Notes"), the interest rate on each of the Notes is adjustable on certain dates at rates determined by the Lender using the one -month London Interbank Offered Rate ("LIBOR") formula; and WHEREAS, the use of LIBOR is currently being phased out and will no longer be available after June 30, 2023; and WHEREAS, the Lender has informed the City and the Borrower that for each Reset Date (as defined in each of the Notes) occurring on or after July 1, 2023, interest on the Notes will be calculated using a waterfall of fallback rates that initially references the one -month Secured Overnight Financing Rate (SOFR), and such change (the "Amendment") must be reflected in the Notes; and WHEREAS, Kennedy & Graven, Chartered, as bond counsel to the City, has represented that such Amendment to the Notes will not be considered a significant modification of the Notes and will not result in the reissuance of the Notes for tax purposes pursuant to Section 1.1001-3 of the Treasury Regulations promulgated under the Internal Revenue Code of 1986, as amended, as the applicable rate for each of the Notes has been replaced with a qualified rate described in Section 1. 100 1 -6(h)(3)(ii) of the Treasury Regulations; and WHEREAS, there has been presented before the City Council forms of Allonges, one for each of the Notes (the "Allonges"), each of which incorporate the proposed Amendment to the respective Notes. AR200-21-870719.v1 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, AS FOLLOWS: 1. The City Council hereby consents to, approves, authorizes, and directs the execution of the Allonges by the Mayor and the City Administrator, substantially in the forms on file with the City on the date hereof, which are hereby approved, with such changes as shall be approved by the Mayor and the City Administrator; provided that the execution thereof by the Mayor and the City Administrator shall be conclusive evidence of such approval. 2. As provided in the 2011A Loan Agreement, the 2012A Loan Agreement, and the 2015 Loan Agreement (together, the "Loan Agreements"), and the 2011 Resolution and 2015 Resolution, the Notes shall not be payable from nor charged upon any funds other than the revenues pledged to their payment, nor shall the City be subject to any liability thereon, except as otherwise provided in this paragraph. No holder of the Notes shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Notes or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreements and the revenues and assets thereunder, which have been assigned to the Lender. The Notes shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, except the interests of the City in the Loan Agreements, and the revenues and assets thereunder, which have been assigned to the Lender. 3. The Mayor and/or the City Administrator are authorized and directed to execute and deliver any additional documents or certificates deemed necessary to carry out the transactions described in the Allonges and the intention of this resolution. 4. This resolution shall be in full force and effect from and after its passage. APPROVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, THIS 8TH DAY OF MAY, 2023. Mayor ATTEST: 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. AR200-21-870719.v1 Attachment D ALLONGE TO AMENDED AND RESTATED SERIES 2011A NOTE This Allonge to Amended and Restated Series 2011A Note is dated and effective as of April 27, 2023 (the "Effective Date"), and is attached to and made a part of that certain City of Arden Hills, Minnesota Amended and Restated Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project), Series 2011A, dated August 3, 2015 (the "Note"), reissued by the City of Arden Hills, Minnesota (the "Issuer"), a statutory city and political subdivision duly organized and existing under the Constitution and the laws of the State of Minnesota, in the principal amount of $9,503,938.05 in favor of Bremer Bank, National Association, a national banking association (the "Lender"). The Note is currently outstanding in the principal amount of $7,158,592.61. Due to the unavailability of the 1-Month LIBOR Rate (as defined in the Note) after June 30, 2023, and as contemplated by the terms of the Note in the event of such unavailability, the Note is amended as follows: Section 3 of the Note is hereby deleted and replaced in its entirety with the following: "3. The per annum rate of interest payable hereunder shall initially be equal to 1.80130 percent per annum. Effective as of the fifteenth day of each calendar month commencing on the first calendar month following the date hereof (each such date being hereinafter referred to as a "Reset Date") through and including June 15, 2023, the per annum rate of interest payable hereunder shall be equal to sixty-seven percent (67%) times the sum of the then -current 1-Month LIBOR Rate (defined below) plus two and one half percent (2.5%). As used herein, the term "l-Month LIBOR Rate" shall mean the current 1-month London Interbank offered rate, as determined two (2) London Banking Days prior to each Reset Date as published in the Midwest Edition of The Wall Street Journal. All such adjustments to said rate shall be made and become effective as of such Reset Date and said rate as adjusted shall remain in effect until and including the date immediately preceding the next Reset Date. If on any Reset Date, the 1-Month LIBOR Rate is no longer used by the Lender as its index for adjustment, or is no longer available, the Lender will select a new index for adjustment which is based upon comparable information and give the City and the Borrower written notice of the selected new index. As used herein, the term "London Banking Day" means any day that is a day for trading by and between banks in Dollar deposits in the London interbank market. On July 15, 2023, and each Reset Date thereafter, the interest rate on this Note will be adjusted to a rate per annum equal to ("Stated Rate"): (a) the sum of (i) 2.50% and (ii) the Benchmark, (b) multiplied by 0.67. As used in this Note, the following terms have the following meanings: "Available Tenor" means, as of any date of determination with respect to the then - current Stated Rate index, as applicable, (x) if the then current Stated Rate index is a term rate, then any tenor for such Stated Rate index that is or may be used for determining the length of an interest period as is provided for in the loan documents, but being hereby limited to one (1) month/three (3) month interest periods, or (y) otherwise, any payment period for interest calculated with reference to such Stated Rate index, as applicable pursuant to the Note as of such date. "Benchmark" means, initially, Fallback Rate (SOFR) provided that if a Benchmark Transition Event has occurred with respect to the then -current Benchmark, then, "Benchmark" means the applicable Benchmark Replacement to the extent that such Benchmark Replacement has replaced such prior Benchmark determined two (2) Business Days prior to the applicable Reset Date. "Benchmark Conforming Changes" shall mean, in connection with the replacement of any index or benchmark used for determining interest under this Note, any technical, administrative or operational changes (including, without limitation, (a) changes to the definition of "Business Day," "U.S. Government Securities Business Day" or other definitions, (b) the addition or modification of concepts such as "interest period," (c) changes to timing and/or frequency of determining rates, making interest payments, giving borrowing requests, prepayment, conversion or continuation notices, or length of lookback periods, (d) the applicability of breakage, indemnity or other compensation provisions, and (e) other technical, administrative or operational matters) that Lender decides may be appropriate to reflect the adoption and implementation of a replacement index or benchmark, and to permit the administration thereof by Lender in a manner substantially consistent with market practice (or, if Lender decides that adoption of any portion of such market practice is not administratively feasible or determines that no such market practice exists, in such other manner as Lender decides is reasonably necessary in connection with the administration of this Note and the other loan documents). "Benchmark Replacement" means a newly determined interest rate index plus a related spread or margin selected by Lender in the event Lender determines, in the sole discretion, that a Benchmark Transition Event has occurred. "Benchmark Transition Event" means with respect to any Benchmark, the occurrence of one or more of the following events with respect to such then -current Benchmark: (a) a public statement or publication of information by or on behalf of the administrator of such Benchmark (or the published component used in the calculation thereof) announcing that such administrator has ceased or will cease to provide all Available Tenors of such Benchmark (or such component thereof), permanently or indefinitely, provided that, at the time of such statement or publication, there is no successor administrator that 76979297v2 will continue to provide any Available Tenor of such Benchmark (or such component thereof); (b) a public statement or publication of information by the regulatory supervisor for the administrator of such Benchmark (or the published component used in the calculation thereof), the Board of Governors of the Federal Reserve System or the Federal Reserve Bank of New York, or a committee officially endorsed or convened by the Federal Reserve, or any successor thereto ("Federal Reserve"), the CME Term SOFR Administrator, an insolvency official with jurisdiction over the administrator for such Benchmark (or such component), a resolution authority with jurisdiction over the administrator for such Benchmark (or such component) or a court or an entity with similar insolvency or resolution authority over the administrator for such Benchmark (or such component), in each case, which states that the administrator of such Benchmark (or such component) has ceased or will cease to provide all Available Tenors of such Benchmark (or such component thereof) permanently or indefinitely, provided that, at the time of such statement or publication, there is no successor administrator that will continue to provide any Available Tenor of such Benchmark (or such component thereof); (c) a public statement or publication of information by the regulatory supervisor for the administrator of such Benchmark (or the published component used in the calculation thereof) announcing that all Available Tenors of such Benchmark (or such component thereof) are no longer, or as of a specified future date will no longer be, representative; (d) the Benchmark is no longer an industry -accepted reference rate for new loan originations of a similar type to the Loan and/or has been superseded by an alternative reference rate, or (e) the Benchmark is no longer representative of the cost of funds for the Lender for this Note. "Business Day" shall mean any day the Lender is open for business and the Benchmark can be determined. "Designated Maturity" shall mean a one (1) month period. "Fallback Rate (SOFR)" means the term adjusted SOFR plus the spread relating to U.S. Dollar LIBOR, in each case, for a period of the Designated Maturity provided by Bloomberg Index Services Limited (or a successor provider as approved and/or appointed by ISDA from time to time), as the provider of term adjusted SOFR and the spread, on the Fallback Rate (SOFR) Screen (or by other means) or provided to, and published by, authorized distributors. "Fallback Rate (SOFR) Screen" means the Bloomberg Screen corresponding to the Bloomberg ticker for the fallback for U.S. Dollar LIBOR for a period of the Designated Maturity accessed via the Bloomberg Screen <FBAK> <GO> Page (or, if applicable, accessed via the Bloomberg Screen <HP> <GO>) or any other published source designated by Bloomberg Index Services Limited (or a successor provider as approved and/or appointed by ISDA from time to time). "SOFR" means a rate per annum equal to the secured overnight financing rate published by the Federal Reserve Bank of New York (or successor administrator of the secured overnight financing rate) on the website of the Federal Reserve Bank of New York currently at http://www.newyorkfed.org (or any successor source for the secured overnight financing rate identified as such by the administrator of the secured overnight financing rate from time to time). "U.S. Dollar LIBOR" means the U.S. Dollar wholesale funding rate known as U.S. Dollar LIBOR (London Interbank Offered Rate) provided by ICE Benchmark Administration Limited, as the administrator of the benchmark, (or a successor administrator). In connection with the implementation and administration of the replacement of any index or benchmark used for determining interest under this instrument, Lender will have the right to make Benchmark Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other loan document, any amendments implementing such Benchmark Conforming Changes will become effective without any further action or consent of any other party. Lender will promptly notify Borrower of the effectiveness of any Benchmark Conforming Changes, and any determination, decision or election that may be made by Lender under this Section will be conclusive and binding absent manifest error and may be made in its sole discretion and without consent from any other party. (signature page to follow) 76979297v2 (signature page to Allonge) Agreed to and accepted as of the Effective Date. ISSUER: City of Arden Hills, Minnesota By Its Mayor By Its City Administrator Agreed to and accepted as of the Effective Date. LENDER: (signature page to Allonge) Bremer Bank, National Association Its 76979297v2 (signature page to Allonge) Agreed to and accepted as of the Effective Date. BORROWER: Presbyterian Homes of Arden Hills, Inc. By: Its: Attachment E ALLONGE TO AMENDED AND RESTATED SERIES 2012A NOTE This Allonge to Amended and Restated Series 2012A Note is dated and effective as of April 27, 2023 (the "Effective Date"), and is attached to and made a part of that certain City of Arden Hills, Minnesota Amended and Restated Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project) Series 2012A, dated September 2, 2015 (the "Note"), reissued by the City of Arden Hills, Minnesota (the "Issuer"), a statutory city and political subdivision duly organized and existing under the Constitution and the laws of the State of Minnesota, in the principal amount of $9,481,981.98 in favor of Bremer Bank, National Association, a national banking association (the "Lender"). The Note is currently outstanding in the principal amount of $7,158,592.61. Due to the unavailability of the 1-Month LIBOR Rate (as defined in the Note) after June 30, 2023, and as contemplated by the terms of the Note in the event of such unavailability, the Note is amended as follows: Section 3 of the Note is hereby deleted and replaced in its entirety with the following: "3. The per annum rate of interest payable hereunder shall initially be equal to 1.80803 percent per annum. Effective as of the fifteenth day of each calendar month commencing on the first calendar month following the date hereof (each such date being hereinafter referred to as a "Reset Date") through and including June 15, 2023, the per annum rate of interest payable hereunder shall be equal to sixty-seven percent (67%) times the sum of the then -current 1-Month LIBOR Rate (defined below) plus two and one half percent (2.5%). As used herein, the term "l-Month LIBOR Rate" shall mean the current 1-month London Interbank offered rate, as determined two (2) London Banking Days prior to each Reset Date as published in the Midwest Edition of The Wall Street Journal. All such adjustments to said rate shall be made and become effective as of such Reset Date and said rate as adjusted shall remain in effect until and including the date immediately preceding the next Reset Date. If on any Reset Date, the 1-Month LIBOR Rate is no longer used by the Lender as its index for adjustment, or is no longer available, the Lender will select a new index for adjustment which is based upon comparable information and give the City and the Borrower written notice of the selected new index. As used herein, the term "London Banking Day" means any day that is a day for trading by and between banks in Dollar deposits in the London interbank market. On July 15, 2023, and each Reset Date thereafter, the interest rate on this Note will be adjusted to a rate per annum equal to ("Stated Rate"): (a) the sum of (i) 2.50% and (ii) the Benchmark, (b) multiplied by 0.67. As used in this Note, the following terms have the following meanings: "Available Tenor" means, as of any date of determination with respect to the then - current Stated Rate index, as applicable, (x) if the then current Stated Rate index is a term rate, then any tenor for such Stated Rate index that is or may be used for determining the length of an interest period as is provided for in the loan documents, but being hereby limited to one (1) month/three (3) month interest periods, or (y) otherwise, any payment period for interest calculated with reference to such Stated Rate index, as applicable pursuant to the Note as of such date. "Benchmark" means, initially, Fallback Rate (SOFR) provided that if a Benchmark Transition Event has occurred with respect to the then -current Benchmark, then, "Benchmark" means the applicable Benchmark Replacement to the extent that such Benchmark Replacement has replaced such prior Benchmark determined two (2) Business Days prior to the applicable Reset Date. "Benchmark Conforming Changes" shall mean, in connection with the replacement of any index or benchmark used for determining interest under this Note, any technical, administrative or operational changes (including, without limitation, (a) changes to the definition of "Business Day," "U.S. Government Securities Business Day" or other definitions, (b) the addition or modification of concepts such as "interest period," (c) changes to timing and/or frequency of determining rates, making interest payments, giving borrowing requests, prepayment, conversion or continuation notices, or length of lookback periods, (d) the applicability of breakage, indemnity or other compensation provisions, and (e) other technical, administrative or operational matters) that Lender decides may be appropriate to reflect the adoption and implementation of a replacement index or benchmark, and to permit the administration thereof by Lender in a manner substantially consistent with market practice (or, if Lender decides that adoption of any portion of such market practice is not administratively feasible or determines that no such market practice exists, in such other manner as Lender decides is reasonably necessary in connection with the administration of this Note and the other loan documents). "Benchmark Replacement" means a newly determined interest rate index plus a related spread or margin selected by Lender in the event Lender determines, in the sole discretion, that a Benchmark Transition Event has occurred. "Benchmark Transition Event" means with respect to any Benchmark, the occurrence of one or more of the following events with respect to such then -current Benchmark: (a) a public statement or publication of information by or on behalf of the administrator of such Benchmark (or the published component used in the calculation thereof) announcing that such administrator has ceased or will cease to provide all Available Tenors of such Benchmark (or such component thereof), permanently or indefinitely, provided that, at the time of such statement or publication, there is no successor administrator that 76979297v2 will continue to provide any Available Tenor of such Benchmark (or such component thereof); (b) a public statement or publication of information by the regulatory supervisor for the administrator of such Benchmark (or the published component used in the calculation thereof), the Board of Governors of the Federal Reserve System or the Federal Reserve Bank of New York, or a committee officially endorsed or convened by the Federal Reserve, or any successor thereto ("Federal Reserve"), the CME Term SOFR Administrator, an insolvency official with jurisdiction over the administrator for such Benchmark (or such component), a resolution authority with jurisdiction over the administrator for such Benchmark (or such component) or a court or an entity with similar insolvency or resolution authority over the administrator for such Benchmark (or such component), in each case, which states that the administrator of such Benchmark (or such component) has ceased or will cease to provide all Available Tenors of such Benchmark (or such component thereof) permanently or indefinitely, provided that, at the time of such statement or publication, there is no successor administrator that will continue to provide any Available Tenor of such Benchmark (or such component thereof); (c) a public statement or publication of information by the regulatory supervisor for the administrator of such Benchmark (or the published component used in the calculation thereof) announcing that all Available Tenors of such Benchmark (or such component thereof) are no longer, or as of a specified future date will no longer be, representative; (d) the Benchmark is no longer an industry -accepted reference rate for new loan originations of a similar type to the Loan and/or has been superseded by an alternative reference rate, or (e) the Benchmark is no longer representative of the cost of funds for the Lender for this Note. "Business Day" shall mean any day the Lender is open for business and the Benchmark can be determined. "Designated Maturity" shall mean a one (1) month period. "Fallback Rate (SOFR)" means the term adjusted SOFR plus the spread relating to U.S. Dollar LIBOR, in each case, for a period of the Designated Maturity provided by Bloomberg Index Services Limited (or a successor provider as approved and/or appointed by ISDA from time to time), as the provider of term adjusted SOFR and the spread, on the Fallback Rate (SOFR) Screen (or by other means) or provided to, and published by, authorized distributors. "Fallback Rate (SOFR) Screen" means the Bloomberg Screen corresponding to the Bloomberg ticker for the fallback for U.S. Dollar LIBOR for a period of the Designated Maturity accessed via the Bloomberg Screen <FBAK> <GO> Page (or, if applicable, accessed via the Bloomberg Screen <HP> <GO>) or any other published source designated by Bloomberg Index Services Limited (or a successor provider as approved and/or appointed by ISDA from time to time). "SOFR" means a rate per annum equal to the secured overnight financing rate published by the Federal Reserve Bank of New York (or successor administrator of the secured overnight financing rate) on the website of the Federal Reserve Bank of New York currently at http://www.newyorkfed.org (or any successor source for the secured overnight financing rate identified as such by the administrator of the secured overnight financing rate from time to time). "U.S. Dollar LIBOR" means the U.S. Dollar wholesale funding rate known as U.S. Dollar LIBOR (London Interbank Offered Rate) provided by ICE Benchmark Administration Limited, as the administrator of the benchmark, (or a successor administrator). In connection with the implementation and administration of the replacement of any index or benchmark used for determining interest under this instrument, Lender will have the right to make Benchmark Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other loan document, any amendments implementing such Benchmark Conforming Changes will become effective without any further action or consent of any other party. Lender will promptly notify Borrower of the effectiveness of any Benchmark Conforming Changes, and any determination, decision or election that may be made by Lender under this Section will be conclusive and binding absent manifest error and may be made in its sole discretion and without consent from any other party. (signature page to follow) 76979297v2 (signature page to Allonge) Agreed to and accepted as of the Effective Date. ISSUER: City of Arden Hills, Minnesota By Its Mayor By Its City Administrator Agreed to and accepted as of the Effective Date. LENDER: (signature page to Allonge) Bremer Bank, National Association Its 76979297v2 (signature page to Allonge) Agreed to and accepted as of the Effective Date. BORROWER: Presbyterian Homes of Arden Hills, Inc. By: Its: Attachment F ALLONGE TO SERIES 2015 NOTE This Allonge to Series 2015 Note is dated and effective as of April 27, 2023 (the "Effective Date"), and is attached to and made a part of that certain City of Arden Hills, Minnesota Senior Housing Revenue Note (Presbyterian Homes of Arden Hills, Inc. Project) Series 2015, dated July 17, 2015 (the "Note"), issued by the City of Arden Hills, Minnesota (the "Issuer"), a statutory city and political subdivision duly organized and existing under the Constitution and the laws of the State of Minnesota, in the principal amount of $10,000,000 in favor of Bremer Bank, National Association, a national banking association (the "Lender"). The Note is currently outstanding in the principal amount of $7,876,432.46. Due to the unavailability of the 1-Month LIBOR Rate (as defined in the Note) after June 30, 2023, and as contemplated by the terms of the Note in the event of such unavailability, the Note is amended as follows: Section 3 of the Note is hereby deleted and replaced in its entirety with the following: "3. The per annum rate of interest payable hereunder shall initially be equal to 1.79962 percent per annum. Effective as of the fifteenth day of each calendar month commencing on the first calendar month following the date hereof (each such date being hereinafter referred to as a "Reset Date") through and including June 15, 2023, the per annum rate of interest payable hereunder shall be equal to sixty-seven percent (67%) times the sum of the then -current 1-Month LIBOR Rate (defined below) plus two and one half percent (2.5%). As used herein, the term "l-Month LIBOR Rate" shall mean the current 1-month London Interbank offered rate, as determined two (2) London Banking Days prior to each Reset Date as published in the Midwest Edition of The Wall Street Journal. All such adjustments to said rate shall be made and become effective as of such Reset Date and said rate as adjusted shall remain in effect until and including the date immediately preceding the next Reset Date. If on any Reset Date, the 1-Month LIBOR Rate is no longer used by the Lender as its index for adjustment, or is no longer available, the Lender will select a new index for adjustment which is based upon comparable information and give the City and the Borrower written notice of the selected new index. As used herein, the term "London Banking Day" means any day that is a day for trading by and between banks in Dollar deposits in the London interbank market. On July 15, 2023, and each Reset Date thereafter, the interest rate on this Note will be adjusted to a rate per annum equal to ("Stated Rate"): (a) the sum of (i) 2.50% and (ii) the Benchmark, (b) multiplied by 0.67. As used in this Note, the following terms have the following meanings: "Available Tenor" means, as of any date of determination with respect to the then - current Stated Rate index, as applicable, (x) if the then current Stated Rate index is a term rate, then any tenor for such Stated Rate index that is or may be used for determining the length of an interest period as is provided for in the loan documents, but being hereby limited to one (1) month/three (3) month interest periods, or (y) otherwise, any payment period for interest calculated with reference to such Stated Rate index, as applicable pursuant to the Note as of such date. "Benchmark" means, initially, Fallback Rate (SOFR) provided that if a Benchmark Transition Event has occurred with respect to the then -current Benchmark, then, "Benchmark" means the applicable Benchmark Replacement to the extent that such Benchmark Replacement has replaced such prior Benchmark determined two (2) Business Days prior to the applicable Reset Date. "Benchmark Conforming Changes" shall mean, in connection with the replacement of any index or benchmark used for determining interest under this Agreement, any technical, administrative or operational changes (including, without limitation, (a) changes to the definition of "Business Day," "U.S. Government Securities Business Day" or other definitions, (b) the addition or modification of concepts such as "interest period," (c) changes to timing and/or frequency of determining rates, making interest payments, giving borrowing requests, prepayment, conversion or continuation notices, or length of lookback periods, (d) the applicability of breakage, indemnity or other compensation provisions, and (e) other technical, administrative or operational matters) that Lender decides may be appropriate to reflect the adoption and implementation of a replacement index or benchmark, and to permit the administration thereof by Lender in a manner substantially consistent with market practice (or, if Lender decides that adoption of any portion of such market practice is not administratively feasible or determines that no such market practice exists, in such other manner as Lender decides is reasonably necessary in connection with the administration of this Note and the other loan documents). "Benchmark Replacement" means a newly determined interest rate index plus a related spread or margin selected by Lender in the event Lender determines, in the sole discretion, that a Benchmark Transition Event has occurred. "Benchmark Transition Event" means with respect to any Benchmark, the occurrence of one or more of the following events with respect to such then -current Benchmark: (a) a public statement or publication of information by or on behalf of the administrator of such Benchmark (or the published component used in the calculation thereof) announcing that such administrator has ceased or will cease to provide all Available Tenors of such Benchmark (or such component thereof), permanently or indefinitely, provided that, at the time of such statement or publication, there is no successor administrator that 76979297v2 will continue to provide any Available Tenor of such Benchmark (or such component thereof); (b) a public statement or publication of information by the regulatory supervisor for the administrator of such Benchmark (or the published component used in the calculation thereof), the Board of Governors of the Federal Reserve System or the Federal Reserve Bank of New York, or a committee officially endorsed or convened by the Federal Reserve, or any successor thereto ("Federal Reserve"), the CME Term SOFR Administrator, an insolvency official with jurisdiction over the administrator for such Benchmark (or such component), a resolution authority with jurisdiction over the administrator for such Benchmark (or such component) or a court or an entity with similar insolvency or resolution authority over the administrator for such Benchmark (or such component), in each case, which states that the administrator of such Benchmark (or such component) has ceased or will cease to provide all Available Tenors of such Benchmark (or such component thereof) permanently or indefinitely, provided that, at the time of such statement or publication, there is no successor administrator that will continue to provide any Available Tenor of such Benchmark (or such component thereof); (c) a public statement or publication of information by the regulatory supervisor for the administrator of such Benchmark (or the published component used in the calculation thereof) announcing that all Available Tenors of such Benchmark (or such component thereof) are no longer, or as of a specified future date will no longer be, representative; (d) the Benchmark is no longer an industry -accepted reference rate for new loan originations of a similar type to the Loan and/or has been superseded by an alternative reference rate, or (e) the Benchmark is no longer representative of the cost of funds for the Lender for this Note. "Business Day" shall mean any day the Lender is open for business and the Benchmark can be determined. "Designated Maturity" shall mean a one (1) month period. "Fallback Rate (SOFR)" means the term adjusted SOFR plus the spread relating to U.S. Dollar LIBOR, in each case, for a period of the Designated Maturity provided by Bloomberg Index Services Limited (or a successor provider as approved and/or appointed by ISDA from time to time), as the provider of term adjusted SOFR and the spread, on the Fallback Rate (SOFR) Screen (or by other means) or provided to, and published by, authorized distributors. "Fallback Rate (SOFR) Screen" means the Bloomberg Screen corresponding to the Bloomberg ticker for the fallback for U.S. Dollar LIBOR for a period of the Designated Maturity accessed via the Bloomberg Screen <FBAK> <GO> Page (or, if applicable, accessed via the Bloomberg Screen <HP> <GO>) or any other published source designated by Bloomberg Index Services Limited (or a successor provider as approved and/or appointed by ISDA from time to time). "SOFR" means a rate per annum a rate per annum equal to the secured overnight financing rate published by the Federal Reserve Bank of New York (or successor administrator of the secured overnight financing rate) on the website of the Federal Reserve Bank of New York currently at http://www.newyorkfed.org (or any successor source for the secured overnight financing rate identified as such by the administrator of the secured overnight financing rate from time to time). "U.S. Dollar LIBOR" means the U.S. Dollar wholesale funding rate known as U.S. Dollar LIBOR (London Interbank Offered Rate) provided by ICE Benchmark Administration Limited, as the administrator of the benchmark, (or a successor administrator). In connection with the implementation and administration of the replacement of any index or benchmark used for determining interest under this instrument, Lender will have the right to make Benchmark Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other loan document, any amendments implementing such Benchmark Conforming Changes will become effective without any further action or consent of any other party. Lender will promptly notify Borrower of the effectiveness of any Benchmark Conforming Changes, and any determination, decision or election that may be made by Lender under this Section will be conclusive and binding absent manifest error and may be made in its sole discretion and without consent from any other party. (signature page to follow) 76979297v2 (signature page to Allonge) Agreed to and accepted as of the Effective Date. ISSUER: City of Arden Hills, Minnesota By Its Mayor By Its City Administrator Agreed to and accepted as of the Effective Date. LENDER: (signature page to Allonge) Bremer Bank, National Association Its 76979297v2 (signature page to Allonge) Agreed to and accepted as of the Effective Date. BORROWER: Presbyterian Homes of Arden Hills, Inc. By: Its: CONSENT ITEM — 7C ,-�a-_ --AR�EN HILLS MEMORANDUM DATE: May 8, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Acknowledgment for Ducks Unlimited North Suburban Ch. 239 to Hold Raffle/Bingo Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motion(s) to approve, table or deny the following: • Acknowledgment of the LG220 Application from Ducks Unlimited North Suburban Chapter 239 for a raffle and bingo to be held on June 24, 2023 at Welsch's Big Ten with no waiting period Background/Discussion Ducks Unlimited North Suburban Chapter 239 has submitted a request again this year for authorization to hold a raffle and bingo to raise money for the national Ducks Unlimited charitable organization, whose mission is to protect, preserve and enhance North America's wetland and associated upland habitat. Per Minnesota's Lawful Gambling regulations, they are required to obtain acknowledgment from the City. This does not require a permit or license from the City as it is not a premise permit. As part of the requirement of LG220 Application for Exempt Permit, the City must formally acknowledge the application with no waiting period, with a 30-day waiting period, or deny the application. Staff recommends the City Council approve a motion acknowledging the LG220 Application for Exempt Permit to conduct bingo and a raffle with a drawing date of June 24, 2023, with no waiting period. Budget Impact N/A Attachments Attachment A: LG220 application Attachment B: Non-profit letter Page 1 of 1 Attachment A MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 4/22 Page 1 of 4 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application • conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the • awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: Ducks Unlimited North Suburban Chapter 239 Permit Number: X- 03315-23-019 Minnesota Tax ID Federal Employer ID Number, if any: Number (FEIN), if any: 36-3766069 Mailing Address: 1320 Amble Rd. City: Arden Hills State: MN Zip: 55112 County: Ramsey Name of Chief Executive Officer (CEO): Peter Belsito CEO Daytime Phone: 651-242-3889 CEO Email: peter.g.belsito@gmail.com (permit will be emailed to this email address unless otherwise indicated below) Email permit to (if other than the CEO): NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal = Religious Veterans �✓ Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) ❑ A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos._$_t@te.mn.u� St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 IRS income tax exemption (501(c)) letter in your organization's name ❑ Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑✓ IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of b h of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Welsch's Big Ten Supper Club Physical Address (do not use P.O. box): 4703 N Hwy 10. Arden Hills. MN 55112 Check one: City: Arden Hills Zip: 55112 County: Ramsey Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): June 24. 2023 Check each type of gambling activity that your organization will conduct: Bingo Paddlewheels =Pull -Tabs =Tipboards Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. LG220 Application for Exempt Permit 4/22 Page 2 of 4 LOCAL UNITWE GO RNMENT ACKNO EDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL for a gambling premises located within city limits The application is acknowledged with no waiting period. ❑The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). ❑The application is denied. Print City Name: Signature of City Personnel: Title: Date: The city or county must sign before submitting application to the Gambling Control Board. COUNTY APPROVAL for a gambling premises located in a township The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days. The application is denied. ,_ I Print County Name: Signature of County Personnel: Title: _____ Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) Print Township Name: Signature of Township Officer: Title: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) Date: The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returnedZhe Boar ni in 30 days of the event date. Chief Executive Officer's Signature; � "\ )_ _ Date: 1 6LI 12,3 (Signature must be CEO's signature; designee may not sign) Print Name: Peter Belsito REQUIREMENTS N IMAILAPPLICATIO AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or _ a copy of your proof of nonprofit status; and • all gambling conducted on one day. __ application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General; on this form (and any attachments) will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to by the Board. All other information provided will Management & Budget, and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private, with the to the information; individuals and agencies for information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested, the Board will be able to process the access to the information; Minnesota's Depart - This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer MINNESOTA GAMBLING CONTROL BOARD ChecKUst for Exemnt Hattie 4/22 Page 3 of 4 Organization Name: Previous Gambling Permit 0: Date of Raffle Drawing: Ducks Unlimited North Suburban Chapter X- 03315-23-019 June 10, 2023 INSTRUCTIONS: • The purpose of this form is to help your organization conduct exempt raffles in compliance with the requirements listed below. Detailed information regarding each requirement is available by clicking on the following links [in blue italics): 1) applicable statutes and rules; 2) the Lawful Gambling Manual chapter on raffles; 3) the online class, "Conduct of Raffles"; and 4) the phone number and email address of your county's Compliance Specialist. • After reading each checklist item, mark "Yes" to indicate that you understand the requirement and agree to comply. After answering "Yes" to each applicable item, your organization's CEO must sign the acknowledgment below. Include the completed checklist as part of your application to conduct an exempt raffle. • If tickets will be sold prior to the event, mark "Yes" to item #1 and mark "N/A" to items #2 and #3. • If tickets are sold only at the event using theater tickets, mark "N/A" to item #1 and Yes N/A answer "Yes" to items #2 and #3. a 1. Tickets are printed in accordance with MN Rule 7861.0310. I 11:1 2. Tickets contain the sequential number of the raffle ticket. (349.173) 3. A list of prizes and a statement of other ❑ El relevant information is made available to ticket purchasers. (349.173) Yes Prizes a 4. The organization is the sole owner of all the real or personal property to be awarded. (7861.0260) 5. A merchandise certificate is used when a prize requiring registration or licensure (guns, cars, ATVs, etc.) is offered. (7861.0260) 6. Prizes must not consist of lawful gambling equipment including raffle tickets for another raffle. (7861.0260) 7. The total value of lawful gambling prizes awarded (use fair market value for donated prizes) does not exceed 550.000 in a calendar vear. (349.1661 8. Alcohol is only awarded as a prize to persons who ademonstrate that they are 21 years of age or older (340A.707) Yes I Conduct 9. Only cash, personal checks, cashier's checks, money orders, travelers' check, and debit cards may be accepted (NO CREDIT CARDS). (349.2127) (7861.0260) ' 10. The method of selection cannot be manipulated or v- based on the outcome of an event not under the organization's control. (349.173) 11. Persons are not required to be present at a raffle adrawing to be eligible to win. (349.173) (7861.0310) RIJ 12. Raffle tickets are not sold to or won by persons underage 18. (349.181) (7861.0310) 13. Purchasers are not required to buy anything other than the ticket. (349.173) (7861.0310) Yes House Rules 14. Clear and legible house rules in accordance with MN Rule 7861.0310 are prominently posted at the point of winner selection. Yes Post Raffle Conduct 15. An exempt permit financial report (LG220A) must be submitted to the Gambling Control Board within 30 days of the gambling occasion. (349.166 16. Gambling funds may only be spent for allowable expenses and lawful purposes. (349.12 3a & 25) a 17. Gambling records must be kept for 3'% years. (7861.0310) CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) Noncompliant Activity: I acknowledge by signing below that my organization must follow all raffle rules and that any gambling activity conducted by the organization at the event that is not in compliance with Minnesota Statute and Rule may subject the organization to citation or the inability to receive future permits to conduct gambling. I understand that my permit will not be issued until this form has been completed and submitted to the Minnesota Gambling Control Board. Sign atu Dat Print Name: I z� ��L( (7-3 Peter Belsito Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board Your organization's name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to Board members, Board staff whose work requires access Safety: Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in alternative format (i.e., large print, braille) upon request. An equal opportunity employer Attachment B TAX STATUS The Internal Revenue Service has ruled that Ducks Unlimited, Inc. Qualifies under the provisions of Section 501(c)(3) of the Internal Revenue Code (IRC) as an organization created for charitable, educational, scientific and conservation purposes and, therefore, is exempt from federal income taxes on related income. As a qualified tax-exempt organization, Ducks Unlimited must operate in conformity with the IRC to maintain ins tax exempt status. Donations to Ducks Unlimited are deductible by the donor as charitable contributions for federal income tax purposes. Ducks Unlimited's federal taxpayer identification number is 13-5643799. Each of its state and local committees is chartered as a chapter of Ducks Unlimited with its own federal taxpayer identification number, and is exempt from federal income tax under the provisions of Section 501(c)(3) through Ducks Unlimited's group exemption (group exemption number 9352). The following letters, identified by the date of the letter, support Ducks Unlimited's tax exempt status: November 29, 1938—original determination letter from IRS entitling DU to exemption under provisions of §101(6) of the Revenue Act of 1936. Contributions to DU by individual donors are deductible by such individuals in arriving at their taxable net income as provided by §23(o). July 1, 1965—modification to original determination letter to include deductibility related to gifts and bequests under the provisions of §§2055, 2106, and 2522 of the Code. October 20, 1970—confirmation that DU is not classified as a private foundation as defined in §509(a) of the Internal Revenue Code. February 24, 1978—confirmation that tax exemption under § 101(6) of the Revenue Act of 1936 corresponds to exemption under §501(c)(3) of the Internal Revenue Code of 1954. January 23, 1985 (not reproduced here) —recognition of tax exempt status of organizations DU operates, supervises, or controls ... as exempt from federal income tax under §501(c)(3) of the Code . . . classification of those organizations as organizations that are not private foundation because they are of the type described in §§509(a)(1) and 170(b)(1)(A)(vi) of the Code. . . donors may deduct contributions to DU and its subordinates as provided in § 170 of the Code. Bequests, legacies, devises, transfers, or gifts to DU or for DU's use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of §2055, 2106, and 2522 of the Code. CONSENT ITEM — 7D -iZR�EN HILLS MEMORANDUM DATE: May 8, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Matthew Johnson Recreation Supervisor Lucas Miller Assistant Public Works Director SUBJECT: PTRC Buckthorn Removal utilizing Great River Greening Budgeted Amount: Actual Amount: Funding Source: $0 $43,625 over 5 years General Fund Council Should Consider Motions to approve, table, or deny the following: • Pursuit of grant funding and buckthorn removal utilizing Great River Greening's services. • If the use of Great River Greening's services is approved and the City receives grant funding, to focus these efforts on buckthorn removal at Hazelnut Park and Floral Park. Background/Discussion On April 24, 2023, the PTRC and Great River Greening presented to Council at the special work session about pursuing grant funding directed toward buckthorn removal within city parks. On May 2, 2023, at a special meeting held by the PTRC with a quorum, voted 6-0 to bring forward for the Council's consideration the following: 1) To pursue the grants and buckthorn removal utilizing Great River Greening's services. 2) To focus these efforts on Hazelnut Park and Floral Park. Page 1 of 2 Budtet Impact Per the presentation by Great River Greening at the special work session, the grant would require a 25% match by city funds, which could utilize "in -kind" resources and hours spent by volunteers and city staff. The break down of maximum cost to the City of Arden Hills is based off the estimated cost for the projects as follows and is broken down in Attachment A: Location Total Estimated Cost City's Share at 25% Annual Totals Over 5 Years* Hazelnut Park $70,000 $17,500 $3,500 Floral Park $104,500 $26,125 $5,225 *Grant recipient has 5 years to fulfill its obligation to a funded project Attachments Attachment A: Breakdown of City's cost commitment Page 2 of 2 Attachment A O N L(1 N M Lr) 4-4 i/? +-j U 41 O Q a) C O Ln C L O O N Lf1 I -I C C Li l6 r tp O 1 N } i/} vi C O ro bA O O O O O �O O O +- O n -1 C4 I Mv L co N T Ln ro t C Y � Co a 0-Y U a+ L � Co L +' C C � O � 2 LL C N M tt LO O 00 Lr) Lf) ,z3- �.o 00 N N tzr O m Ln O A � CONSENT ITEM — 7E --ARZEN HILLS MEMORANDUM DATE: May 8, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: 2023 January/February/March/April Bulk Road Salt Purchase — Ramsey County Budgeted Amount: Actual Amount: Funding Source: $35,000 $32,665.25 Street Maintenance Council Should Consider Motions to approve, table, or deny the following: • Invoice for bulk road salt purchased during January, February, March and April 2023 for Arden Hills Public Works snow and ice control operations in the amount of $32,665.25. Background/Discussion Arden Hills Public Works snow and ice control operations purchases salt at Ramsey County's Public Works facility. Attachment A is an invoice in the amount of $32,665.25 for bulk road salt acquired during January, February, March and April 2023 from Ramsey County. Budget Impact The 2023 Operating Budget includes funding in the amount of $35,000 for snow and ice control under the Salt and Sand fund 10 1 -43100-42246. Brine solution January through March: $ 1,784.36 January through April 2023: $32,665.25 November and December 2023: $TBD Total: $34,449.61 Attachments Attachment A: Bulk Road Salt Invoice Page 1 of 1 Attachment A RAMSEY COUNTY INVOICE Invoice Number: PUBW-020238 Public Works Invoice Date: 4/19/23 Page: 1 of 1 Please Remit To: Ramsey County 90 Plato Blvd W PO Box 64097 St Paul MN 55164-0097 USA Bill To: ARDEN HILLS CITY OF 1245 WEST HWY 96 ARDEN HILLS MN 55112 United States Customer Number: Payment Terms: Due Date: AMOUNT DUE: 004000 30 Days 5/19123 32,665.25 USD Amount Remitted ------------------------------------------------------------------------- For billing questions, please call 651-266-7100 Original Line Identifier Description Quantity UOM Unit Amt Net Amount INVOICE IS FOR BULK ROAD SALT PURCHASED DURING JANUARY, FEBRUARY, MARCH, AND APRIL 2023 PER ATTACHED 1 338.50 TON 96.50 32,665.25 Subtotal: 32,665.25 Amount Due: 32,665.25 Please return the top portion of the invoice with your check payable to Ramsey County. Ramsey County invoices may be paid online! Please visit ramseycounty.us/Paylnvoices for more information. You will need your Customer Number and Invoice Number to complete your transaction. SALT & SALT/SAND MIX BILLING SHEET AGENCY: ARDEN HILLS FOR PERIOD: JANUARY, FEBRUARY, MARCH, APRIL 2023 STRAIGHT SALT MATERIAL HAUL & COSTS PREP COSTS SALES TAX TOTAL PRICE PER TON $ 83.42 $ 13.08 TONS SALT 338.5 $ 28,237.67 $ 4,427.58 $ - $ 32,665.25 20/80 SALT SAND MIX MATERIAL HAUL & COSTS PREP COSTS SALES TAX TOTAL PRICE PER TON 0 -------------------------------------------------------------------------- $ - $ - $ - $ - -------------------------------------------------------------------------- 50/50 SALT SAND MIX MATERIAL HAUL & COSTS PREP COSTS SALES TAX TOTAL PRICE PER TON 0 $ - $ - $ - $ - STRAIGHT SAND MATERIAL HAUL & COSTS PREP COSTS SALES TAX TOTAL PRICE PER TON 0 $ - $ - $ - $ - TOTALS $ 28,237.67 $ 4,427.58 $ - $ 32,665.25 DATE TICKET QUANT. DATE TICKET QUANT. 01/03/23 335615 2.00 02/22/23 157510 3.00 01/03/23 335616 2.00 02/22/23 157515 3.00 01/03/23 335617 2.50 02/23/23 157502 1.50 01/03/23 335618 4.00 02/23/23 157503 3.50 01/03/23 335619 3.00 02/23/23 157504 2.00 01/03/23 335624 5.50 02/23/23 157511 3.00 01/04/23 335621 5.00 02/23/23 157512 3.00 01/04/23 335622 4.00 02/23/23 157514 4.00 01/04/23 335623 3.00 02/23/23 157516 6.00 01/04/23 335624 6.00 02/24/23 157509 7.00 01104/23 335629 3.00 02/24/23 157517 1.00 01/05/23 335626 6.00 02/24/23 157518 2.50 01/05/23 335627 5.00 02/24/23 157520 3.00 01/05/23 335628 3.00 02/27/23 157527 2.00 01/05/23 335630 5.00 02/27/23 157528 2.50 01/05/23 335632 6.00 02/27/23 157529 2.00 01 /11 /23 193602 2.00 02/27/23 157530 2.00 01/11/23 193603 8.00 03/01/23 157545 1.00 01 /11 /23 335650 4.00 03/01/23 157546 4.00 01 /11123 423888 6.00 03/01/23 157547 3.00 01/12/23 193604 3.00 03/01/23 157548 3.00 01 /12/23 193605 6.00 03/01/23 157550 4.00 01 /12/23 423887 2.00 03/01/23 191901 2.00 01/17/23 193622 1.50 03/02/23 191904 1.00 01/17/23 193623 7.00 03/02/23 191905 1.00 01/17/23 193624 2.00 03/02/23 191906 1.00 01/17/23 193625 4.00 03/06/23 191908 2.50 01/17/23 193626 2.00 03/06/23 191909 1.50 01/17/23 193628 6.00 03/06/23 191910 1.50 01/19/23 193639 3.00 03/06/23 191911 3.00 01/19/23 193640 3.00 03/06/23 191913 1.00 01/19/23 193641 1.00 03/06/23 191914 3.00 01/19/23 193642 6.00 03/10/23 191919 1.00 01/19/23 193643 6.00 03/10/23 191920 4.00 01/19/23 193644 4.00 03/10/23 191921 3.00 01/27/23 181862 5.00 03/10/29 191922 2.00 01/25/23 181863 7.00 03/10/23 191923 1.00 01/27/23 181865 6.00 03/10/23 191924 5.00 01 /28/23 181864 7.00 03/12/23 191930 1.00 01/28/23 181867 2.00 03/12/23 191931 3.00 02/07/23 181871 2.00 03/12/23 191932 6.00 02/07/23 181872 3.00 03/12/23 191933 6.00 02/07/23 181874 3.00 03/13/23 191934 2.00 02/07/23 181875 1.00 03/13/23 191935 1.00 02/15/23 181884 2.50 03/17/23 191944 3.00 02/15/23 181885 2.00 03/17/23 191945 3.00 02/15/23 181889 3.00 03/17/23 191946 4.50 02/15/23 181891 1.00 04/01/23 171901 3.00 02/20/23 181896 3.00 04/01/02 171902 4.00 02/20/23 181897 3.00 04/01/02 171903 2.00 02/20/23 181898 4.00 04/01/23 171904 1.00 02/22/23 157505 3.00 04/01/23 171905 0.50 CONSENT ITEM — 7F EN HILLS MEMORANDUM DATE: May 8, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Proposed Lake Johanna Blvd Trail — Resolution of Local Match Commitment Budgeted Amount: Actual Amount: Funding Source: $0 (LJB Trail) $9,500,000 PIR Fund, Ramsey County, Grant Funding Council Should Consider Motions to approve, table, or deny the following: Resolution 2023-023, Local Match Commitment for Lake Johanna Boulevard Trail Project: 2024 Met Council Regional Solicitation. Background/Discussion Ramsey County and the City of Arden Hills have recently completed a planning process in 2022 to evaluate the feasibility of constructing a separated multimodal trail improvement along Lake Johanna Boulevard extending from County Road D to Old Snelling Avenue in the City of Arden Hills. To defer estimated costs associated with construction of this project, Ramsey County is planning to submit a $5.5 million grant request to Metropolitan Council for 2028/2029 federal Regional Solicitation funding for the Lake Johanna Boulevard Trail project. Ramsey County's cost participation policy requires the City of Arden Hills and Ramsey County to share equally in the $4 million of local estimated costs. In order to submit the grant request to Metropolitan Council, Ramsey County will need an approved resolution from the City Council requesting the county to submit the grant application and financially committing to the city local match contribution of $2,000,000. Page 1 of 2 Budget Impact Proposed Lake Johanna Blvd Trail: City PIR $2,000,000 Ramsey County $2,000,000 Grant Funding $5,500,000 Total: $9,500,000 This project is not currently programmed in the City's CIP. Attachments Attachment A: Resolution 2023-023 Page 2 of 2 ,.Ott EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-023 Attachment A A Resolution Relating to Local Match Commitment for Lake Johanna Boulevard Trail Project: 2024 Met Council Regional Solicitation WHEREAS; Ramsey County and the City of Arden Hills have recently completed a planning process in 2022 to evaluate the feasibility of constructing a separated multimodal trail improvement along Lake Johanna Boulevard extending from County Road D to Old Snelling Avenue in the City of Arden Hills, and WHEREAS; public input and technical analysis from this planning process led to identification of two feasible trail design concepts along the north and south sides of Lake Johanna Boulevard, and WHEREAS; to defer estimated costs associated with construction of this project, Ramsey County is planning to submit a $5.5 million grant request to Metropolitan Council for 2028/2029 federal Regional Solicitation funding for the Lake Johanna Boulevard Trail project, and WHEREAS; based on a preliminary planning level estimate remaining local project costs for the Lake Johanna Boulevard Trail project above the $5.5 million federal grant request are estimated at $4 million; and WHEREAS; Ramsey County's cost participation policy requires the City of Arden Hills and Ramsey County to share equally in the $4 million of local estimated costs. NOW, THEREFORE, BE IT RESOLVED, that the Arden Hills City Council does hereby commit to its 50 percent share, or $2 million, of these local estimated project costs as part of Ramsey County's 2024 Regional Solicitation federal grant application for the Lake Johanna Trail project. NOW, THERFORE, BE IT ALSO RESOLVED, that the Arden Hills City Council does hereby also acknowledge that this $2 million local match commitment is an estimate based on a preliminary planning level cost estimate of total project costs that will be updated during the final design process if a federal grant from Met Council is secured. Page 1 of 2 12231574v1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 8TH DAY OF MAY, 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 2 of 2 12231574v1 CONSENT ITEM — 7G -iZR�EN HILLS MEMORANDUM DATE: May 8, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Ramsey County Lexington Avenue Reconstruct — City Watermain Replacement Budgeted Amount: Actual Amount: Funding Source: $1,010,000 $1,030,000 PIR, State Bond, LRIP Grant, Assessments, Water Fund Council Should Consider Motions to approve, table, or deny the following: Supplemental Agreement with Ramsey County to the Cooperative Agreement, PUBW- 2020- 1 OR, in the amount of $20,000 for the Ramsey County Lexington Avenue Reconstruct Project related to vac -truck excavation charges and the City's watermain replacement. Background/Discussion On November 23, 2020, the City Council entered into a Cooperative and Maintenance Agreement for the Lexington Avenue Improvements with Ramsey County (PUBW-2020-1OR). The project consists of reconstructing Lexington Avenue between County Road E and Interstate Highway 694, including improvements to streets, sidewalks, traffic signals, water main, storm sewer and other infrastructure located within the project corridor. On October 25, 2021, City Council adopted Resolution 2021-060 to approve the plans and specifications for the project. During the 2022 construction season, the contractor installing the watermain was forced to use extra means of excavating the trench for the watermain installation by using a vac -truck. Time and material were reported as: Page 1 of 2 • 10/06/22 — watermain hole north/south of Grey Fox - $2,707.50 • 10/07/22 — watermain hole north of Grey Fox - $2,565.00 • 10/17/22 —tunnel under storm sewer for watermain in Grey Fox - $3,135.00 • 10/18/22 —expose Xcel buried power in Grey Fox - $3,633.75 2022 Total = $12,041.25 Construction of the City's watermain along Lexington Avenue resumed Spring 2023. City Staff along with County Staff have identified two additional areas that could potentially require using a vac -truck for excavation for the installation of watermain. Staff has estimated this potential work to cost roughly $8,000. Approval of the Supplemental Agreement would allow City Staff to approve the work to be performed by the contractor if needed. The Contractor cannot perform the work prior to City Staff approval. Staff is recommending the approval of the Supplemental Agreement in the amount of $20,000 to cover the 2022 vac -truck charges of $12,041.25 and allow for potential future approval of vac - truck excavation use up to $7,958.75. Budget Impact The proposed funding sources are summarized in the following table. PIR Fund (roadway and signal replacement) $ 206,127 Special Assessments (new Target Rd signal) $ 196,000 State Bonding Funds (water main replacement) $ 500,000 City Water Utility Fund $ 66,069 LRIP Grant Funds $ 41,804 Supplemental Agreement (vac -truck) $ 20,000 Total Estimated Funding $ 1,030,000 Attachments Attachment A: Supplemental Agreement with Ramsey County Page 2 of 2 Ramsey County Department of Public Works 1425 Paul ICirkwold Drive Arden Hills, Minnesota 55112-3933 Attachment A SUPPLEMENTAL TO CONTRACT CCO03090 SUPPLEMENTAL AGREEMENT 3 Contractor: Contractor's Address: State Aid Project No. Shafer Contracting Inc. 30405 Regal Avenue S.A.P. 062-651-061 Shafer MN 55074 Project Location: Project Description: Account No. Lexington Ave. from County Rd. E to 1-694 Reconstruction P - 34I0 The Contract is amended as follows: The Engineer has determined a need to have a Vacuum Truck on site to locate and work around utilities that were in conflict with the proposed waterniain and storm sewer installation. Contract time will not be revised except as may be provided under that Contract provisions of MN/DOT Specification 1806. The Contractor shall not make any claim of any kind or character whatsoever for any other costs or expenses which he may have incurred of which he may hereafter incur in performing the work and furnishing the materials required by this agreement. ESTIMATE OF COSTS Item No. Item Unit Unit Price Quanti1y Cost SAP 062-651-061 2123.610 Vacuum Truck Dollar $ 1.00 50,000.00 $ 50,000.00 City of Arden Hills 2123.610 Vacuum Truck Dollar $ 1.00 20,000.00 $ 20,000.00 Total to Increase Contract $ 70,000.00 71% SAP 062-651-061 LRIP — Group # 3, 29% city of Arden Hills s�'�rt. G�reT. �-�.I►�t�. 4/24/23 John R. Mazzitello 4/8"ok a Date Approved By Date Accepted lly County Project Engineer Contractor 4/24/23 John R. Mazzitello Date Approved By County Engineer Date Approved By County Manager Dale Funds are Available Date Approved By Assist. D.E. State Aid Metro Dale Approved By City of Arden Hills Date Approved By County Finance CONSENT ITEM — 7H ,-ARZEN HILLS MEMORANDUM DATE: May 8, 2023 TO: Honorable Mayor and City Councilmembers David Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer Jeff Frid, Public Works Superintendent SUBJECT: Lift Station Rehabilitation — Lift Station 7 & Lift Station 13 Budgeted Amount: Actual Amount: Funding Sources: $300,000 (LS-5) $171,490 Sanitary Sewer Fund (LS-7 is in 2030 for $80,000) Council Should Consider Motions to approve, table, or deny the following: • Quote for replacement of the pumps, bases and guide rails at Lift Station 7 in the amount of $55,594.00 from Electric Pump. • Quote for bypass pumping services at Lift Station 7 in the amount of $33,912.00 from Northern Dewatering, Inc. • Quote for replacement of the pumps, base elbows and ductile iron piping at Lift Station 13 in the amount of $77,504.00 from Electric Pump • Quote from Olson's Sewer Service for truck bypass pumping at Lift Station 13 in the amount of $4,480.00. Background/Discussion The Public Works Department maintains a program to refurbish and update sanitary sewer lift stations on a cycle for reliability, technology and risk management. Public Works tracks data and conducts testing and inspections to each of the 14 total wastewater lift stations around the City to assist in determining future maintenance and rehabilitation needs. In the Fall of 2022, Public Works conducted tests on the pumps at several lift stations. The tests indicated that Lift Station 7 (near Johanna Shores) and Lift Station 13 (Karth Lake neighborhood) are in need of pump replacements making them a higher priority project. The City's Capital Improvement Program currently identifies rehabilitation work for the forcemain related to Lift Station No. 5 for 2023. Public Works recommends shifting the Lift Station 5 Page 1 of 3 forcemain project to 2024 and adding the proposed rehabilitation work at Lift Station 7 and Lift Station 13 for 2023. The Lift Station 7 rehab project has two elements, wet well work and bypassing sewage for approx. 3 days (including overnights). The total combined cost for contracted services, labor, and parts - $89,506. Lift Station 7 Scope - • Contract replacement of 2 complete submersible sewage pumps, 2 base elbows, guide rails, and misc. brackets within the wet well. • Utilize Northern Dewatering to setup and take down a bypass pumping system. The pumping will need to be monitored by an AHPW staff member 24 hours a day. At this point, no special permitting is required for this project. • AHPW is responsible for the initial wet well cleaning, plugging the main lines, ramping the bypass along County Road D, and providing traffic control. • EP will provide a full equipment startup inspection and staff training on the new components. Proposals for the bypass pumping were received from two companies that were capable of providing the service and equipment needed. The total cost difference between the two proposals was $2,157. It is the recommendation of City Staff to contract with Northern Dewatering, even though they have the higher proposal. They have specialized experience and have shown an engineered bypassing design that staff has reviewed and is confident in using for this project. The Lift Station 13 rehab project has two elements, wet well work and bypassing sewage for approx. 2 days (16 daytime hours budgeted). The total combined cost for contracted services, labor, and parts - $81,984 Lift Station 13 Scope - • Contract replacement of 2 complete submersible sewage pumps, 2 base elbows, ductile piping, and misc. brackets within the wet well. • Utilize Olson's Sewer to bypass truck sewage during daytime hours. The bypass trucking will need to be monitored by an AHPW staff member. At this point, no special permitting is required for this project. • AHPW is responsible for the initial wet well cleaning, plugging the main lines and providing traffic control. • EP will provide a full equipment startup inspection and staff training on the new components. If approved, this project is anticipated to be completed September 2023. Budget Impact This project will be covered by the sanitary sewer fund. In addition to the contracted costs of $171,490, the City will also incur overtime costs due to the monitoring needed by an AHPW staff member. The impact to the Sewer Fund of moving these two lift stations up 7+ years will not be known until we are further along in the 2024-2028 CIP process. Page 2 of 3 Only one quote was obtained for the pump materials because the City utilizes Electric Pump for all of its lift stations for consistency in materials and parts. This also makes repair time more efficient if there is ever a failure. Timeliness of repairs is necessary for lift stations as it could cause a lot of damage to connected properties if the system backs up. Attachments Attachment A: Quote for replacement parts at Lift Station 7 Attachment B: Quote for bypass pumping services at Lift Station 7 Attachment C: Quote for replacement parts at Lift Station 13 Attachment D: Quote for truck bypass pumping services at Lift Station 13 Page 3 of 3 4� EP ELECTRIC PUMP QUOTED TO: CITY OF ARDEN HILLS 1245 WEST HIGHWAY 96 SAINT PAUL, MN 55112 QUOTATION 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 Attachment A OUOTE NUMBER: 0186550 QUOTE DATE: 1/20/2023 EXPIRE DATE: 3/3/2023 SALESPERSON: ANTHONY THEISEN www.clectricpump.com CUSTOMER NO: 7550211 QUOTED BY: JNL LS 7 - RETRO & PUMPS JOB LOCATION: CITY OF ARDEN HILLS 1245 WEST HIGHWAY 96 SAINT PAUL, MN 55112 CONFIRM TO: JEF FRID 651-755-1461 CUSTOMER P.O. SHIP VIA F.O.B. TERMS BEST WAY NET 30 DAYS ITEM NUMBER QUANTITY UNIT AMOUNT RE: LIFT STATION 7 - REPLACE PUMPS WITH NEW FLYGT 312TS WITH HARD IRON IMPELLERS AND WEAR PLATES. 55,594.00 REMOVE EXISTING BASES CEMENTED INTO THE WET WELL FLOOR AND REPLACE WITH FLYGTS. TAKE OUT EXISTING GALVANIZED GUIDE RAILS AND REPLACE WITH STAINLESS STEEL. STATION INFO: * T WIDE X 20' DEEP * 2 INLETS, 8" * 90'S ARE CEMENTED ON PUMP 2. * HAS JWC IN SEPERATE WELL * BASE ELBOWS CEMENTED IN. * STATION HAS VALVE VALUT 0031270700023 NP488-4 10/230/3 50' FM FLS FV 0000005401305 CONNECTION,DISCH 4X4" Cl *MATERIALS LOT OF MATERIALS PIPING, FLANGES, GUIDE PIPE, UPPER GUIDES, NUTS/BOLTS/GASKETS INSTALLATION AND START UP *INSTALLATION STATION MUST BE CLEANED AND VACTORED PRIOR TO WORK BEING PERFORMED. THE CITY IS RESPONSIBLE FOR BYPASSING THE STATION. LEAD TIME ON PUMPS AND MATERIALS IS APPROXIMATELY (8) WEEKS. ARO FRIEGHT IS NOT INCLUDED ON THIS QUOTE. 2.00 EACH 2.00 EACH 1.00 EACH 1.00 EACH *** Continued *** Page: 2 4� EP ELECTRIC PUMP QUOTED TO: CITY OF ARDEN HILLS 1245 WEST HIGHWAY 96 SAINT PAUL, MN 55112 QUOTATION 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 OUOTE NUMBER: 0186550 QUOTE DATE: 1/20/2023 EXPIRE DATE: 3/3/2023 SALESPERSON: ANTHONY THEISEN www.clectricpump.com CUSTOMER NO: 7550211 QUOTED BY: JNL LS 7 - RETRO & PUMPS JOB LOCATION: CITY OF ARDEN HILLS 1245 WEST HIGHWAY 96 SAINT PAUL, MN 55112 CONFIRM TO: JEF FRID 651-755-1461 CUSTOMER P.O. SHIP VIA F.O.B. TERMS BEST WAY NET 30 DAYS ITEM NUMBER QUANTITY UNIT AMOUNT THANK YOU, JENNIFER STEPKA jstepka@electriepump.com CC: ANTHONY THEISEN 612-710-9321 *** 3% CONVENIENCE FEE FOR CREDIT CARD CHARGE OVER $5.000.00 *** All return goods must have written approval from Electric Pump, before returning. Credit will not be issued without written approval : if applicable there will be a Restock Fee. Please note that we are no longer offering a thirty(30) day validity date. Due to the current volatility in the materials market, pricing and ship dates are subject to confirmation at time of order. Net Order: Less Discount: Freieht: Sales Tax: Order Total: 55,594.00 0.00 0.00 0.00 55,594.00 Attachment B gpw vm%- NU:' KIDEWATERING, INC. March 9, 2023 TO: Jeff Frid JFrid(a)_CityofArdenHills.org Public Works Superintendent City of Arden Hills Project: Lift Station #7 (Bypass Pumping) Arden Hills, Minnesota Project Description Northern Dewatering (NDI) is pleased to offer the following quote for the above referenced project. This project will consist of replacing the submersible pumps and bases at existing Lift Station #7. NDI understands that Electric Pump will replace the pumps. The influent sanitary sewer flow will need to be bypass pumped around Lift Station #7 when this work occurs. It should be noted that influent flow comes from two different directions. NDI understands that the temporary sanitary bypass pumping system will need to be in operation for about a week. Service to be Provided by NDI NDI will furnish and install and later remove pumps at two different manholes upstream of the existing lift station. One manhole is located within 20-feet of the station and the other manhole is located about 150-feet east of the lift station on private property. A total of two pumps (1-primary pump and 1-backup pump) will be installed at each upstream manhole. The discharge piping from the manhole located on private property will be routed overland and will discharge into the manhole located west of the lift station. The pumps installed west of the lift station will handle/pump all flow. The fused HDPE discharge piping will be routed overland, along the existing bituminous path, to the south about 1,200 LF, and discharge into the existing forcemain discharge manhole. It should be noted that this discharge pipe will cross County Road "D". 14445 NorOdale Blvd-- Rpgerq. MN 55374 =a' ' (7$3) 428-2616*FAN (7M 420-2671 •www-noflherndew�tering.com March 9, 2023 Northern Dewatering, Inc. 2 NDI will return to the site at a later date and remove the temporary system. City of Arden Hills Responsibilities The City of Arden Hills ("City") will be responsible for the daily operation and maintenance of the pumping system including changing air and fuel filters as needed and oil changes every 250-hours. The City will need to arrange and pay for fuel for all pumps and generators. NDI estimates the fuel consumption to be on the order of 65 gallons per day per pumping location. NDI highly recommends that the City man the pumping system 24-hours per day while the system is in operation. NDI can provide an experienced pump operator for an additional charge. The city will be responsible for ensuring that the pumps and discharge pipe do not freeze. If the pumps are operated during freezing temperatures and then shut off, the pumps and piping must be drained completely. This may include, but not limited to installing temporary shelters, tenting, heating, and placing ground thaw equipment over and around the discharge pipes and pumps. All excavation, backfill, and restoration associated with cutting down the existing pumping structure, removing the cone section/top slabs or installing a temporary sump structure will be by the city if needed (this is not anticipated at this time). The city will also be responsible for all excavation and restoration work associated with burying or blistering the discharge piping across roads, driveways and/or paths (including trenchless methods if needed). All confined space work associated with setting submersible pumps, or installing bulkheads, temporary weirs, sandbags and/or pipe plugs will be by the city. Bypassing or handling all lateral sewers, services and/or Vac Truck operations will be the responsibility of the city. The City's responsibilities will also include the following: ➢ Flow measuring devices if ➢ Permits of any type needed ➢ Bonds of any type ➢ Source of water (for cleaning and ➢ Bulkheading / Pipe plugs testing) ➢ Discharge Route ➢ Access to site ➢ State and Local Taxes ➢ Dewatering if needed ➢ Traffic Control ➢ Emergency Response Plan ➢ Restoration of any kind 14405 NorOdale Blvd-• Rogers. MN 55374 �` (70 420-2616* FAN (763) 42$-2671 •www-northerndewatering.com March 9, 2023 Northern Dewatering, Inc. QUOTE NDI will furnish, install and remove the temporary pumping system described under the heading "Service to be provided by NDI" for the sum of ....... $ 33,912.00 for the minimum duration of 1-week. NDI will charge $ 1,675.00 per day or $ 5,025.00 per week for equipment use after the first week of. Pump Watch Operator ...... $ 150.00 per hour or $ 3,500.00 per average (24-hour/day) If additional services are required beyond what is described in this quotation, please contact Erin O'Brien at NDI at 763.428.2616 to discuss. This quote is valid for 30-days from the date of the bid Q NDI's Terms and Conditions are made a part of this Quotation and Agreement. NDI's portion of this project does not leave product behind to be covered by any type of warranty, NDI will not accept reductions for retainage. Should the contractor feel it necessary to hold retainage, the contract would be increased by 10% to cover the cost. Interest of 1.5% per month will be charged on the unpaid balance. NORTHERN DEWATERING, INC - TERMS AND CONDITIONS OF QUOTATION PRIOR TO OUR DELIVERING EQUIPMENT AND DURING THE WORK ON THE PROJECT, THE CUSTOMER WILL BE RESPONSIBLE FOR THE ITEMS LISTED BELOW AND THEIR RELATED COST. CUSTOMER ALSO AGREES TO THE FOLLOWING TERMS AND CONDITIONS: 1. DELAYS: Northern Dewatering, Inc. (NDI) intends to perform its work in a continual and uninterrupted manner on a 40-hour per week/ 8-hour per day basis. The Customer is responsible for all reasonable costs and additional charges associated with any delay in NDI's work to the extent that NDI has not caused the delay. Customer will grant NDI a reasonable amount of additional time to complete work delayed by no fault of NDI. 2. LIQUIDATED DAMAGES: The contract price does not include any allowance for liquidated or consequential damages. NDI will not accept any contract document containing liquidated damage or consequential damage provisions. 3. INSURANCE: NDI will provide, at its own expense, and maintain during the term of the contract its standard general liability, auto and workman's compensation insurance coverage. A Certificate of insurance naming the customer as a Certificate Holder, will be furnished upon request. NDI shall be reimbursed for the cost of any additional coverage requested in excess of its existing policy, including the naming of parties as Additional Insured and/ or providing a Waiver of Subrogation. Customer agrees to provide insurance coverage for all Equipment furnished to the project against theft, vandalism, rollover and all other calamities, that may occur. 4. INDEMNIFICATION: NDI agrees to indemnify and hold Customer harmless from and against any and all causes of action, claims and suits and to indemnify and reimburse Customer for court costs and awarded attorney's fees associated with the defense of 14445 NorOdale Blvd-- Rpgerfi, MN 55374 n�v.•rrs ti (7$3) 428-2616-FAN (7M 420-2671 •www_noflherndewatering.com March 9, 2023 Northern Dewatering, Inc. 4 any such matter to the extent that NDI is found to be negligent or at fault with the exception of the terms noted below. Customer agrees to defend, indemnify and hold NDI harmless from and against any and all causes of action, claims and suits and to indemnify and reimburse NDI for court costs and reasonable attorney fees associated with the defense of any such matter, including (a) those instances that the Customer is found to be negligent or at fault in whole or in part; (b) any alleged damages to property resulting from NDI's participation in the project, including but not limited to alleged subsidence and settling or alleged damaged to private and public wells; and (c) events concerning the presence of any contaminated, hazardous or toxic matter located or found on or near the project. In regards to item (c) Customer further agrees to assume all costs that may be associated with the handling and disposal of any contaminated, hazardous or toxic matter encountered during the course of the project. This indemnification applies to claims asserted by third parties, including private and governmental agencies, boards, and authorities. 5. PAYMENT: Terms of payment are net thirty days from invoice date. A monthly service charge of 1.5%, or the maximum rate allowed by state law if less than 1.5%, is levied on all invoices not paid within thirty days. Absolutely no retainage of any kind may be withheld from payment unless authorized in writing by NDI. In the event the Payment Terms of this Agreement are broken Customer authorizes NDI to contact the property owner and/or general contractor or any other higher tier party, lender or bonding party on the Project and arrange for joint checks or direct checks to be written for unpaid job related invoices. 6. BREACH OF CONTRACT: If any of the terms or conditions of this Contract are broken and if NDI provides written notice (by fax, mail, hand delivery or overnight service), specifying corrective action that must be taken and if such corrective action is not taken within three business days, then NDI has the right to enter the job site and, upon presentation of this contract (copy or original) and take possession of the Equipment. Unless otherwise provided in the Scope of Work, Customer agrees to assist with the loading of the Equipment and agrees to reimburse NDI for any costs associated with having to hire third parties to accomplish this task. 7. VENUE: Both parties agree that venue for any legal action that may be required under this Contract shall be in the County or Circuit Court of Hennepin County, Minnesota, USA. 8. The quantity of pumps, equipment, fittings, pipe, hoses, etc. is estimated and may be changed due to unforeseen or changing job conditions. 9. Customer assumes all risk of loss due to operation and use of the Equipment. 10. Customer is responsible for compliance with all local, state and federal laws and safety regulations. Adequate protection of the work site from caving, collapsing and any other construction hazard. 11. Customer is responsible for all Equipment, repairs, maintenance and damage to the Equipment, excluding normal wear and tear. Equipment not returned due to loss or destruction not caused by NDI, or returned damaged beyond repair will be billed to the Customer at current list sale prices, less a discount allowance for usage. Should the Equipment require service, call the location that furnished the Equipment and report the problem to arrange for service. If it is after normal business hours, call the toll free 24-hour hotline at 1-763-428-2616. Customer will need to have the serial 14405 NorOdale Blvd-• Ri)gers, MN 55374 ,wo;raso,w (70 420-2616* FAX (76N 42$-2071 •www-northerndewatering.com q March 9, 2023 Northern Dewatering, Inc. 5 number of the pump available, which is welded to the frame of the unit. Credit is not given for periods when the Equipment is not used. If damage of any kind is caused by Customer from improper use, application, lack of maintenance, etc., the Customer agrees to pay for the repairs needed. If the Customer is given written authorization to complete repairs caused by normal wear and tear and then submits reasonable receipts for the costs incurred, NDI will issue a credit memo to the Customer's account. Labor will be reimbursed at the rate of $45.00 per approved hour. 12. There are no warranties, express or implied, which extend beyond those shown in this Agreement. 13. Performance of a site survey, which physically indicates, by survey stakes the location of all well/work sites in accordance with this agreement. 14. Preparation of suitable areas, including clearing and grubbing, for equipment and material storage, field buildings, office trailers and tool sheds. 15. Acquisition and maintenance of all permits and licenses required under Minnesota Rules part 4725.3200, sub 3, for the completion of NDI's work. 16.Installation and maintenance of area lighting. Jobsite security. Access to adequate sanitation facilities. Access to adequate communication facilities. Access to adequate emergency services and all emergency services provided to or by the prime contractor. Adequate pedestrian and traffic control and protection. 17. All operation and day to day maintenance (including daily start-up and testing) of all the pumping equipment installed, including manpower, checking, providing and maintaining fuel and other fluid levels, electricity, greasing pump fittings, providing fuel tanks, etc. 18. Removal and loading of NDI's equipment upon completion of its usage if removal charge is not accepted. 19. Construction and maintenance of berms, dikes, ditches, equipment pads, excavations, all excavation, all excavation shoring, ramps, sumps, trenches, well sites and all other reasonable and necessary site preparation. Construction and maintenance of access roads capable of accommodating two -wheel drive construction and support vehicles under their own power to all work sites. Construction, assembly and maintenance of all necessary catwalks, ladders, and scaffolding, bracing, cribbing and other equipment supports. 20. Adequate protection of NDI's equipment from damage due to actions or omissions. 21. Removal of unusual, unnatural or unanticipated underground and surface obstructions, including concrete, that were not anticipated during the planning of the Scope of Work. Marking and any necessary relocation or protection of all on -site and surrounding utilities and service lines above and beneath the ground. 22. Adequate control of water accumulating as perched or trapped water, overtopping water, runoff, seepage, surface water, interface water and in any other form not contemplated by NDI's pumping plan. Adequate control of erosion and sedimentation caused by discharge water or other runoff. 23. Monitoring, sampling, testing, containment, treatment and disposal of discharge water, if necessary and unless otherwise provided by NDI's pumping proposal. 24. Stand-by power if required. 25. Containment, treatment and disposal of all drilling cuttings, excavation spoils, and spent drilling and jetting fluids. 14405 NorOdale Blvd-• Ri)gers, MN 55374 i . ,wo;raso,w (70 420-2616* FAN (76N 42$-2071 •www_northerndewatering.com q March 9, 2023 Northern Dewatering, Inc. 6 26.Any required monitoring or testing of water pumped by NDI as part of its dewatering or bypass efforts, surrounding soils and surrounding water levels i.e.: providing a convenient and proximate site for the disposal and discharge of water pumped by NDI as part of it's dewatering or bypass efforts 27.Adequate and readily accessible water source and/ or authorized use of water sources at the work locations, including water meter if required. 28. Preparation of necessary pads and/or benches to facilitate the installation of the equipment. 29.Access to areas and facilities for the cleaning and decontamination of NDI equipment if required. 30. Payment of any applicable sales, use, or excise taxes unless specifically noted on invoices. 31. AGC standard subcontract rider will become part of all contracts. r " 14405 hlorthdede Blvd-• Rogerq. MN 55374 Aftiyt �y n;7'y (763)426-2616•FA)( (7W)429-2671 •www_nprtherndowatering.Com March 9, 2023 Northern Dewatering, Inc. 7 ACCEPTANCE OF QUOTATION AND CONFIRMATION OF AGREEMENT By signing below and initialing at the bottom of each of the pages contained herein, both Parties agree to the terms, prices and conditions listed within this agreement. It is agreed a facsimile or electronic copy of this agreement will hold the same force and effect as its pen signed original. Each party signing below represents that he or she is an authorized and legal agent and representative of the company listed and has full legal authority to represent their company in making this agreement. No Equipment shall be delivered, or work commence until this Agreement is signed by both parties. Agreed this day of Contractor Signature Name — Printed Title Witness 2023 Northern Dewatering, Inc. Signature Name — Printed Title Witness Any changes to this Agreement must be initialed and dated by both parties to be in effect. f- —" i4405 Northdede Blvd-• Rogerq. MN 55374 iyt �y r _` (7$3j 429 2616 • FAX (7$3j 429 2671 • www_nprtherndew�tering.Com 4� EP ELECTRIC PUMP QUOTED TO: CITY OF ARDEN HILLS 1245 WEST HIGHWAY 96 SAINT PAUL, MN 55112 QUOTATION 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 Attachment C OUOTE NUMBER: 0186608 QUOTE DATE: 1/31/2023 EXPIRE DATE: 3/3/2023 SALESPERSON: ANTHONY THEISEN www.clectricpump.com CUSTOMER NO: 7550211 QUOTED BY: JNL LIFT STATION 13 RETRO JOB LOCATION: CITY OF ARDEN HILLS 1245 WEST HIGHWAY 96 SAINT PAUL, MN 55112 CONFIRM TO: JEFF FRID 651-755-1461 CUSTOMER P.O. SHIP VIA F.O.B. TERMS BESTWAY NET 30 DAYS ITEM NUMBER QUANTITY UNIT AMOUNT RE: LIFT STATION 13 - RETROFIT OF STATION PUMPS AND PIPING FROM 90 DEGREE ELBOWS ON DOWN - REPLACE 77,504.00 EXISTING PUMPS WITH FLYGT 3153'S THAT INCLUDE HARD IRON IMPELLERS, FLYGT BASE ELBOWS, AND DUCTILE IRON PIPING. 0031530950029 NP462-4 20/230/3 50' SSCJ FM+FLS FV DVB 2.00 EACH 0000005401305 CONNECTION,DISCH 4X4" CI 2.00 EACH *PIPING LOT OF 6" PIPE, FITTINGS AND MISC SUPPLIES 1.00 EACH *INSTALL LOT OF INSTALLATION - INCLUDES LABOR, 1.00 EACH TRAVEL, MILEAGE AND CONFINED SPACE WE WILL BE ABLE TO REUSE EXISTING GUIDE RAILS, UPPER GUIDE BRACKETS AND CHAIN/BOW SHACKLES. LEAD TIME IS APPROXIMATELY (6) WEEKS. ARO FREIGHT IS NOT INCLUDED ON THIS QUOTE. STATION MUST BE CLEANED AND VACTORED PRIOR TO WORK BEING PERFORMED. BYPASSING THE STATION IS THE RESPONSIBLITY OF THE CITY OF ARDEN HILLS. THANK YOU, JENNIFER STEPKA jstepka@electricpump.com CC: ANTHONY THEISEN 612-710-9321 Page: 2 4� EP ELECTRIC PUMP QUOTED TO: CITY OF ARDEN HILLS 1245 WEST HIGHWAY 96 SAINT PAUL, MN 55112 CONFIRM TO: JEFF FRID 651-755-1461 QUOTATION 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 OUOTE NUMBER: 0186608 QUOTE DATE: 1/31/2023 EXPIRE DATE: 3/3/2023 SALESPERSON: ANTHONY THEISEN www.clectricpump.com CUSTOMER NO: 7550211 QUOTED BY: JNL LIFT STATION 13 RETRO JOB LOCATION: CITY OF ARDEN HILLS 1245 WEST HIGHWAY 96 SAINT PAUL, MN 55112 CUSTOMER P.O. SHIP VIA F.O.B. TERMS BESTWAY NET 30 DAYS ITEM NUMBER QUANTITY UNIT AMOUNT *** 3% CONVENIENCE FEE FOR CREDIT CARD CHARGE OVER $5.000.00 *** All return goods must have written approval from Electric Pump, before returning. Credit will not be issued without written approval : if applicable there will be a Restock Fee. Please note that we are no longer offering a thirty(30) day validity date. Due to the current volatility in the materials market, pricing and ship dates are subject to confirmation at time of order. Net Order: Less Discount: Freieht: Sales Tax: Order Total: 77,504.00 0.00 0.00 0.00 77,504.00 Attachment D Olson's Sewer Service, Inc. •Olson's Excavating Service 17638 Lyons Street NE Forest Lake, MN 55025 (651) 464-2082 a Fax: (651) 464-9029 PROPOSAL SUBMITTED TO PHONE DATE City of Arden Hills, ATTN: Jeff Frid 651-755-1461 05/03/2023 STREET JOB NAME 1245 West Highway 96 Wastewater Bypass CITY, STATE AND ZIP CODE JOB LOCATION Arden Hills, MN 55112 Lift Station #13 ARCHITECT/DESIGNER DATE OF PLANS JOB PHONE City of Arden Hills jfrid@cityofardenhills.org We hereby submit specifications and estimates for: We provide a vac truck for bypass pumping while repairs are being made by others on Lift Station #13. All wastewater will be disposed of in a City sewer manhole as directed by the City of Arden Hills Public Works Department. The hourly rate for vac truck service is $280.00 per truck during regular business hours (7:OOAM to 3:30PM) and is charged port to port; any overtime is charged at 1.5 rate of $420.00 per hour. This project is currently estimated at 16 regular hours or a cost of $4,480.00 (mobilization outside of sixteen hours is not included and would be additional). Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied the labor or material for the improvement and who gave you timely notice. We reserve the right to file a lien if payment in full is not received within 30 days of the invoice date. Any additional costs will be added to the bill for interest, legal expenses, attorney fees, and /or collection costs. We Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: AS NOTED ABOVE. Payment to be made as follows: TO BE PAID IN FULL WITHIN 30 DAYS OF RECEIPT OF THE INVOICE. A SIGNED CONTRACT IS NECESSARY TO PERFORM THE WORK DESCRIBED ABOVE. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner Authorized Signature according to standard practices. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully LEEAN N M. WEIGT covered by Workmen's Compensation insurance. Note: We may withdraw this proposal if not accepted within 15 days. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to Signature do the work as specified. Payment will be made as outlined above. x Date of Acceptance _x Signature x Keep Your Sewer in the Pink! www.olsonsinthepink.com NEW BUSINESS —10A 'It ,-ARZEN HILLS MEMORANDUM DATE: May 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: TCAAP Open House Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Council may consider holding a TCAAP Open House. Background This item was added by a Councilmember for Council to consider holding a TCAAP Open House for members of the public. The Open House would be facilitated by the City. The reasons for holding the Open House are below. Should Council want to move forward, Council may want to discuss planning and details at a future worksession. • Meet JDA members • Explain City's Vision for TCAAP • Explain the sale for the Thumb Parcel • Explain process and negotiating path going forward • Educate residents on history of the project • Outline costs and financial burdens • Address traffic concerns Budget Impact Budget impacts will depend on how Council wants to move forward with an open house. Attachments N/A Page 1 of 1 NEW BUSINESS —10B EN HILLS MEMORANDUM DATE: May 8, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Campus Commercial Use Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Council may consider directing Staff to review the zoning and uses currently allowed in the Campus Commercial zoning district and direct Staff to bring forward amendments to expand the uses in this district. Background Ramsey County recently issued a Request for Development Interest on the Thumb Property on TCAAP. This site is currently zoned and guided as Campus Commercial. Under the zoning code, Campus Commercial is described below: The Campus Commercial Zoning District facilitates a building format that allows multiple, single tenant buildings or campuses within the northern "Thumb " site of the Plan Area. The goal is to allow for an individual plan approach for each campus or building, based on user preferences within a range of requirements. Examples of currently allowed uses on the site are office, financial institution, and research and development facilities. The Joint Development Authority recently met and was supportive of expanding the allowed uses in the Campus Commercial zoning to open the possibility of additional interest. If Council is supportive, Staff will discuss additional uses on the site and make a recommendation to the Planning Commission for further consideration by the City Council. Budget Impact N/A Attachments N/A Page 1 of 1