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HomeMy WebLinkAbout06-20-23-WS Mayor: Address: David Grant 1245 W Highway 96 Arden Hills MN 55112 Councilmembers: DEN HILLS Phone: Brenda Holden 651-792-7800 Emily Rousseau City Council Work Session Tena Monson Website: Tom Fabel Agenda www.cityofardenhills.org June 20, 2023 5:00 P.M. City Hall City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well-maintained infrastructure, fiscal soundness, and our long-standing tradition as a desirable City in which to live, work, and play. This meeting 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. PUBLIC INQUIRIES/INFORMATIONAL Members of the public are invited to remotely monitor the City Council meeting via Zoom using the below link. Members are also welcome to provide public comments during this section of the agenda via Zoom. Members wishing to provide public comment must use the "raise hand"feature in Zoom to identify themselves as wanting to make a public comment and will be called upon to provide their public comment during this portion of the agenda. Those that speak must state their name and address for the record. HTTPS://US02WEB.ZOOM.US/J/87479295171 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. 2. RESPONSE TO PUBLIC INQUIRIES 3. INFORMATIONAL ITEMS Items in this section are intended to be informational, or consent, in nature, and may not need Council discussion. If Council is generally in agreement, the items will proceed as suggested in the memo. Should Council want a presentation or discussion on any of these items, they should move them to the pulled items portion agenda at the beginning of the meeting. 3.A. State Fair Parking David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 3.13. Nuisance Signs Management Policy David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 3.C. Data Practices Policy Review Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 3.D. Youth Commissioners Draft Ordinance Language Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 3.E. Council Tracker Dave Perrault, City Administrator Documents: MEMO.PDF 4. STAFF QUESTIONS 4.A. State Of The City Planning Discussion Luke Cardona, Senior Communications Coordinator Documents: MEMO.PDF 4.13. Twin Cities Gateway Grant Discussion Dave Perrault, City Administrator Documents: MEMO.PDF 5. PRESENTATION ITEMS 5.A. Arden Manor Park/Floral Park Improvements David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 5.13. 2024 PMP Street And Utility Improvements David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 5.C. Assisted Hearing Technology Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 5.D. Water Meter Replacement& Lead/Copper Inventory David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF 5.E. THC Moratorium And Cannabis Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 6. PULLED ITEMS FROM INFORMATIONAL 7. COUNCIL/STAFF COMMENTS ADJOURN INFORMATIONAL ITEM—3A ,-iIZEN HILLS MEMORANDUM DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director/ City Engineer SUBJECT: State Fair Parking Discussion Budgeted Amount: Actual Amount: Funding Source: $N/A $N/A N/A Council Should Consider Council should consider modifications to the 2023 State Fair Parking Restrictions Plan Background Around the City of Arden Hills there are multiple locations for park and rides to the State Fair. People utilize City streets to park their vehicles for the day which is acceptable in some locations but has posed an issue in others. To mitigate these issues Public Works staff has posted the state fair parking restrictions along routes shown in Attachment A. In preparation for the 2023 State Fair, a discussion is needed to decide if there are any changes needed to the current plan. Here are a couple notes from previous years: • In 2019 and 2022 the Sheriff reported multiple citations (50+) on New Brighton Rd for State Fair parking. This road is already a no parking zone and shoulders are not wide enough but people have been parking into the boulevard. To mitigate this issue, no parking signs will be installed. • In 2019 there was a complaint of vehicles parked in the right-hand turn lane on Pine Tree Dr near the Wells Fargo building. Public Works staff addressed the issue by posting no parking signs which seemed to resolve it. Discussion What modifications, if any, should be made to the State Fair Parking Restrictions Plan? Attachment Attachment A—Preliminary 2023 State Fair Parking Restrictions Maps Page 1 of 1 Attachment A Legend Temporary No Parking State Fair Paint a white dot at each sign location - RC Sheriff request STOWS AVE !/ KATIE LN E KATIE CT� BECKMAN AVE F il Z Q JERROLD AVE 0 Z J III V � _. O DR O ; GLEN PAUL AVE GLEN PAUL AVE j �O Q. COUNTY ROAD D W Source: Esri, Maxar, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA,;USGS,AeroGRID, IGN,and the GIS User Community Beckman / Jerrold Area N W E It S � EN HILLS 0 185 370 740 Feet Legend Temporary No Parking State Fair Paint a white dot at each sign location - RC Sheriff request w v � ° e r � m 0 y � O Z ig n HARRIET AVE C) I �P o Q J SourceEs"ri, MaxarGeoE;ye ,Earthstar, Geographics,CNES/Airbus DS, J W USDA,�U�� S�A�roGNRID,`IGN,and the GIS User Community Pine Tree / Harriet / Benton Way Area N W E i� S -AI HILLS 0 250 500 1,000 Feet Legend Temporary No Parking State Fair Paint a white dot at each sign location - RC Sheriff request 0 z 0 FEITHSO� DR _ Z Y n y. �y � ARDEN VIEW DR CO J J_ = RDEN J < Q ROy n 0 "d X• MCCLUN Source: Esri, Maxar�GeoEye, Earthstar Geographics,CNES/Airbus DS, USD I ^G� ,A:E~"GRID,+IGN,and the GIS User Community rf)RSnelling Ave N / Keithson / Royal Hills Dr N W E It S ,-A EN HILLS o 250 500 1,000 Feet INFORMATIONAL ITEM—3B ,-AI�EN HILLS MEMORANDUM DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director/City Engineer SUBJECT: Nuisance Signs Management Policy Budgeted Amount: Actual Amount: Funding Source: $N/A $N/A N/A Council Should Consider Council should consider Nuisance Sign Management Policy related to prohibited signs within City, County, and State Right-of-Way. Background/Discussion At the May 15, 2023 Work Session, City Council discussed nuisance signs that are located within the City, County and State Right-of-Way(ROW). Specifically signs that often appear along roadways for commercial purposes (i.e. We Buy Ugly Houses or Moving Services). Per Council direction, a Policy related to management of these nuisance signs was created and can be reviewed in Attachment A. Budget Impact N/A Attachments Attachment A: Nuisance sign management policy Page 1 of 1 'It Attachment A --A ZEEN�HILLS Nuisance Sign Management Policy Policy Statement: The City of Arden Hills is committed to the aesthetics of the community which includes keeping the boulevards of roadways free of prohibited nuisance signs. The Public Works Department will be responsible for removal of these signs whenever they are in route to assigned tasks and when practically feasible. Scope: This policy is intended to guide staff of how prohibited nuisance signs are managed. The management is intended to enforce City Code Section 1230.02 Prohibited Signs; The following signs shall be prohibited in all sign districts: Subd. 6) Signs in the Right-of-way. Signs in the public right-of-way except as provided for in Section 1250.03, by Minnesota Statutes, or allowed by the agency regulating the right-of-way; Subd. 7) Signs attached to public utility poles, trees, street signs, stoplights, or fences; Arden Hills Public Works responsibility for removal includes the Right-of-Way space of the City, County, and the State. INFORMATIONAL ITEM—3C ,'iAZEN HILLS MEMORANDUM DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Data Practices Policy Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council should consider providing comment on proposed revisions to the City's Data Practices Policy. Background Minnesota State Statute Chapter 13, Government Data Practices, specifically Section 13.025, Subd. 3,provides for annual review of the City's data practices policy by August 1 of each year. While review of any required modifications to the policy are generally performed under the guidance of the League of Minnesota Cities and City Attorney, the City's policy was last formally reviewed by Council in 2016 following recommendations by the City Attorney at that time. Earlier this spring, Councilmember Rousseau requested review of this policy and met with staff to review said policy. The City Attorney also reviewed the current policy and provided minor edits. Attached is the City's current policy (Attachment A) as well as a redlined draft (Attachment B) that incorporates preliminary revisions from City staff, the City Attorney, and Councilmember Rousseau. Proposed revisions include the following: • Formatting and reorganization of existing sections • Clarifying the Responsible Authority • Clarifying that requests for data must be provided in writing (versus verbal) and the addition of language regarding where to access the form, including a link to the online request form Page 1 of 2 • Clarifying fees for copies (note the Fee Schedule was amended in May regarding 8 '/z x 11 and legal size copies versus larger copies) and the addition of language about how fees are calculated when searching for, retrieving and making copies • Adding language that the City may require pre-payment for copies of data • Adding a link to the MCFOA and the General Records Retention Schedule • Adding various additional miscellaneous language • Replacing Exhibit 3 —Request to Release Private Data from an Individual/from Government. These forms were replaced at the recommendation of the City Attorney and reflect the template from the Minnesota Data Practices Office (Note: the City Attorney has reviewed the redlined draft policy and has no concerns as presented) Following Council review, staff could bring a final update of the policy to the Council for approval at a subsequent regular City Council meeting. Budget Impact N/A Attachment Attachment A: Current Data Practices Policy Attachment B: Redlined Draft Revised Policy Page 2 of 2 Attachment A It' ,,-S DEN HILLS CITY OF ARDEN HILLS DATA PRACTICES PROCEDURES 190435v1 Updated December 2016 1 CITY OF ARDEN HILLS DATA PRACTICES PROCEDURES INDEX Subiect Page I. Introduction 4 II. Definition of Government Data 4 III. Responsible Authority 4 IV. Access to Public Data 4 A. People Entitled to Access 5 B. Form of Request 5 C. Time Limits 5 D. Fees 5 V. Access to Data on Individuals 5 A. People Entitled to Access 5 B. Form of Request 6 C. Identification of Requesting Party 6 D. Time Limits 6 E. Fees 6 F. Summary Data 6 G. Juvenile Records 7 VI Denial of Access 8 VI I. Collection of Data on Individuals 8 Vill. Challenge to Data Accuracy 8 IX. Data Protection 9 A. Accuracy and Currency of Data 9 B. Data Safeguards 9 C. Data Inventory 9 D. Employee Job Descriptions 10 E. Data Sharing and Authorized Individuals 10 F. Contracts 10 G. Penalties 10 X. Annual Review and the City Clerk 10 190435v1 2 EXHIBITS NUMBER List of Designees 1 Fees and Charges 2 Consent to Release Private Data 3 Information Disclosure Request 4 Access and Nondisclosure Agreement 5 Notice to Juveniles 6 Tennessen Warning 7 Contract Language, Outside Agents 8 APPENDICES LETTER Private & Confidential Data Maintained by City A 190435v1 3 CITY OF ARDEN HILLS DATA PRACTICES PROCEDURES I. Introduction These procedures are adopted to comply with the requirements of the Minnesota Data Practices Act (the "Act"), found in the Minnesota Statutes, § 13.025, § 13.03, Subd. 2 and § 13.05, Subd. 5 . II. Definition of Government Data Government data is all data kept in any recorded form by the City of Arden Hills. As long as data is recorded in some way by a government entity, it is government data, no matter what physical form it is in, or how it is stored or used. Government data may be stored on paper forms, records or files; in electronic form; on audio or video tape; on charts; maps; etc. Government data is regulated at the level of individual items or elements of data, so any given document, record, or file contains many data elements. III. Responsible Authority The person who is the Responsible Authority and Data Practices Act Compliance Official is the City Clerk. The responsible authority has designated certain other City employees to assist in complying with the Act. These designees are listed on attached Exhibit 1. IV. Access to Public Data Al information maintained by the City is pub is unless there is a specific statutory designation which gives it a private, confidential or non-public designation. The City collects data on individuals and data not on individuals. This data also has varying degrees of accessibility. Categories of Classification Data on Individuals Data Not on Individuals Degree of Accessibility Public Public Accessible to anyone Private Non-Public Accessible to data subjects and to government officials whose duties reasonably require access. Confidential Protected Non-Public Accessible only to government officials whose duties reasonably require access. 190435v1 4 The City's General Records Retention Schedule lists data maintained by the City and its classification. The retention schedule is available on the Minnesota Clerks and Finance Officers Association (MCFOA) website at www.mcfoa.ora or by request at Arden Hills City Hall. A. People Entitled to Access of Public Data. Any person has the right to inspect and copy public data. The person requesting public data also has the right to have an explanation of the meaning of the data. The person requesting public data does not need to state his or her name or give the reason for the request. B. Form of Request. The request for public data may be verbal or written. For requests that are more complicated in nature, it is recommended that the request be in writing, but it is not required to obtain public data. C. Time Limits. • Requests. Requests for accessible public data will be received and processed only during normal business hours. • Response. If copies cannot be made at the time of the request, copies must be supplied to the individual requesting them as soon as reasonably possible. D. Fees. Fees may be charged only if the requesting person asks for copies. If the request is for 100 or fewer black and white, letter or legal size paper copies fees will be charged according to the City s standard photocopying policy attached as Exhibit 2. If the person requests copies of anything other than 100 or fewer black and white, letter or legal size paper copies or electronic transmittal of data, the fee will include the actual cost of searching for, retrieving and copying or electronically transmitting the data. The fee may not include time necessary to separate public information from non-public information. The responsible authority may also charge an additional fee if the copies have commercial value and are a substantial and discrete portion of a formula, compilation, program, process or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. V. Access to Data on Individuals. Information about individua people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is contained in Appendix A. A. People Entitled to Access. ➢ Public information about an individual may be shown or given to anyone requesting the information. ➢ Private information about an individual may be shown or given to: • The individual who is the data subject, but only once every six (6) months, unless a dispute has arisen or additional data has been collected. 190435v1 5 • A person who has been given access by the express written consent of the data subject. This consent must be on the form attached as Exhibit 3, or a form reasonably similar. • People who are authorized access by the federal, state, or local law or by court order. • People about whom the individual was advised at the time the data was collected. The identity of those people must be part of the Tennessen Warning, attached as Exhibit 7. • City staff and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. City Council's access to private personnel data is limited to instances when an employee is facing a complaint or disciplinary action is being considered. ➢ Confidential information may not be given to the subject of the data, but may be shown or given to: • Anyone who are authorized by federal, state, or local law or by court order. • City staff, City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. B. Form of Request. Anyone may request verbally or in writing information that the City has as stored data about any individual, whether that data is classified as public, private, or confidential. All requests to see or copy private or confidential information must be in writing. An Information Disclosure Request, attached as Exhibit 4, must be completed to document who requests and who receives this information. The Responsible Authority or designee must complete the relevant portions of the form. The Responsible Authority or designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. A response to a request for data relating to litigation will be made after consultation with the City Attorney. C. Identification of Requesting Party. The Responsible Authority or designee must verify the identity of the requesting party as a person entitled to access. This can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. D. Time Limits. • Requests. Requests will be received and processed only during normal business hours. • Response. The response must be immediate, if possible, or within five (5) working days if an immediate response is not possible. The City may have an additional five (5) working days to respond if it notifies the requesting person that it cannot comply within five (5) working days. E_ Fees. Fees may be charged in the same manner as for public information. F. Summary Data. Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by name or any other characteristic that could uniquely identify an individual. Summary data derived from private or 190435v1 6 confidential data is public. The Responsible Authority or designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of preparation. The Responsible Authority or designee must notify the requesting party about the estimated costs and collect those costs before preparing or supplying the summary data. This should be done within ten (10) days after receiving the request. If the summary data cannot be prepared within ten (10) days, the responsible authority must notify the requester of the anticipated time schedule and the reasons for the delay. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The Responsible Authority may ask an outside agency or person to prepare the summary data if (1) the specific purpose is given in writing, (2) the agency or person agrees not to disclose the private or confidential data, and (3) the Responsible Authority determines that access by this outside agency or person will not compromise the privacy of the private or confidential data. The Responsible Authority may use the form attached as Exhibit 5. G. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. • Parental Access. In addition to the people listed above who may have access to private data, a parent may have access to private information about a juvenile data subject. "Parent" means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. The parent is presumed to have this right unless the Responsible Authority or designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. - • Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). This notice should be in the form attached as Exhibit 6. • Denial of Parental Access. The Responsible Authority or designee may deny parental access to private data when the juvenile requests this denial and the Responsible Authority or designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the Responsible Authority or designee will consider: • Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences of the request to deny access, • Whether denying access may protect the juvenile from physical or emotional harm, • Whether there is reasonable grounds to support the juveniles reasons for denying parental access, • Whether disclosure of the data could lead to physical or emotional harm to the minor; and Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to 190435v1 7 inform the parent would seriously jeopardize the health of the minor. The Responsible Authority may deny parental access to private data on a juvenile without a request from the juvenile pursuant to Minnesota Statutes §§ 144.291 to 144.298 or any other statute or federal law that allows or requires the Responsible Authority to deny parental access, if such state statute or federal law provides standards which limit the exercise of discretion of the Responsible Authority. VI. Denial of Access. If the Responsible Authority or designee determines that the requested data is not accessible to the requesting party, the Responsible Authority or designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The Responsible Authority or designee must give the specific legal authority, including statutory section, for withholding the data. The Responsible Authority or designee must place an oral denial in writing upon request. This must also include the specific legal authority for the denial. VII. Collection of Data on Individuals. The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city council, or federal government. When an individual is asked to supply private or confidential information about the individual, the City employee requesting the information must give the individual a Tennessen Warning. This warning must contain the following: • The purpose and intended use of the requested data, • Whether the individual may refuse or is legally required to supply the requested data, • Any known consequences from supplying or refusing to supply the information, and • The identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen Warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen Warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. See attached Exhibit 7. Vill. Challenge to Data Accuracy. An individual who is the subject of public or private data may contest the accuracy or completeness of that data maintained by the City. The individual must notify the City s Responsible Authority in writing describing the nature of the disagreement. Within 30 days the Responsible Authority or designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the authority believes the data to be correct. 190435v1 8 An individual who is dissatisfied with the Responsible Authority s action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statutes Chapter 14. The Responsible Authority will correct any data if so ordered by the Commissioner. IX. Ensuring Security of Not Public Data . A. Accuracy and Currency of Data. All employees will be requested, and given appropriate forms, to provide updated personal information to the appropriate supervisor, City Clerk, or Finance Director, which is necessary for tax, insurance, emergency notification, and other personnel purposes. Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. All records must be disposed of according to the City's records retention schedule. B. Data Safeguards. Private and confidential information will be stored in files or databases which are not readily accessible to individuals who do not have authorized access and which will be secured during hours when the offices are closed. Private and confidential data must be kept only in City offices, except when necessary for City business. Only those employees whose job responsibilities require them to have access will be allowed access to files and records that contain private or confidential information. These employees will be instructed to: • not discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, • not leave private or confidential data where non-authorized individuals might see it, password protect employee computers and lock computers before leaving workstations; • secure private or confidential data within locked work spaces and in locked file cabinets; and • shred private or confidential data before discarding. C. Data Inventory Under the requirements of Minnesota Statutes § 13.025, subd. 1, the City has prepared a Data Inventory which identifies and describes all not public data on individuals maintained by the City. To comply with Minnesota Statutes § 13.05 subd. 5, the City has modified its Data Inventory to represent the employees who have access to not public data. In the event of temporary duty as assigned by a manager or supervisor, an employee may 190435v1 9 access certain not public data, for as long as the work is assigned to the employee. In addition to the employees listed in the City's Data Inventory, the Responsible Authority, the Data Practices Compliance Official, the City Administrator, Department Heads, and the City Attorney may have access to all not public data maintained by the City if necessary for specified duties. Any access to not public data will be strictly limited to the data necessary to complete the work assignment. D. Employee Job Descriptions Employee Job Descriptions may contain provisions identifying any not public data accessible to the employee when a work assignment reasonably requires access. E. Data Sharing with Authorized Individuals State or federal law may authorize the sharing of not public data in specific circumstances. Not public data may be shared with another entity if a federal or state law allows or mandates it. Individuals will have notice of any sharing in applicable Tennessen warnings (See Minnesota Statutes, section 13.04) or the City will obtain informed consent. Any sharing of not public data will be strictly limited to the data necessary or required to comply with the applicable law. F. Contracts When a contract with an outside party requires access to private or confidential information the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit 8. G. Penalties The City will utilize the penalties for unlawful access to not public data as provided for in Minnesota Statutes, section 13.09, if necessary. Penalties included suspension, dismissal, or referring the matter to the appropriate prosecutorial authority who may pursue a criminal misdemeanor charge. X. Annual Review and the City Clerk. The City Clerk or their designee shall review the data practices and procedures annually for compliance with the Act. 190435v1 10 Exhibit 1 LIST OF DESIGNEES The Minnesota Data Practices Act establishes a system for compilation and distribution of data gathered by government agencies. All data collected and maintained by the City of Arden Hills is presumed public and accessible to the public for both inspection and copying, unless classified as Private, Confidential, Non-public, or Protected Non-public in accordance with federal law, state statute or a temporary classification (Minn. Stat. 13.01). The City of Arden Hills has appointed the following positions to administer this policy: City Administrator Director of Finance and Administrative Services Community Development Director Public Works Director Other positions responsible for maintenance of City records are as apparent or assigned. 190435v1 11 Exhibit 2 FEES AND CHARGES SEE CITY OF ARDEN HILLS FEE SCHEDULE 190435v1 12 Exhibit 3 -- "EN ILLS INFORMED CONSENT OF PRIVATE PERSONNEL DATA UNDER THE MINNESOTA GOVERNMENT DATA PRACTICES ACT I, authorize a representative of the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112 to obtain personnel data which is identified below. The specific data covered by this release is personnel data. I understand that the personnel data requested may include data which is classified as private personnel data on me under Minn Stat. 13.43. 1 understand that by signing this informed consent form, I am authorizing the City of Arden Hills to release this information. I , understand that without my informed consent, the City of Arden Hills could not release personnel data and records which are classified as private under Minn. State 13.43. 1 authorize my informed consent to permit the City of Arden Hills to make photocopies of the requested data. I place the following restrictions on the use to Arden Hills may make of this data while it is in their custody and control: This consent expires upon completion of the above stated purpose, or after one year, whichever comes first. However, if the above described purpose is not fulfilled after one year. I may renew this consent. A photocopy of this releases shall have the same authority and meaning as the original. I am giving this consent freely and voluntarily and I understand the consequences of my giving this consent. Signature Date 190435v1 13 Exhibit 3 continued CONSENT TO RELEASE PRIVATE DATA I, authorize the City of Arden Hills ("City") to (print name) release the following private data about me: to the following person or people: The person or people receiving the private data may use it only for the following purpose or purposes: This authorization is dated and expires on The expiration cannot exceed one year from the date of the authorization,except in the case of authorizations given in connection with applications for life insurance or noncancelable or guaranteed renewable health insurance and identified as such, two years after the date of the policy. I agree to give up and waive all claims that I might have against the City, its agents and employees for releasing data pursuant to this request. Dated: Signature IDENTITY VERIFIED BY: Witness: Identification: Driver's License, State ID, Passport, other: Comparison with signature on file Other: Responsible Authority/Designee: 190435v1 14 Exhibit 4 -AI"ENILLS CITY OF ARDEN HILLS INFORMATION DISCLOSURE REQUEST Minnesota Government Data Practices Act A. Completed by Requestor REQUESTOR NAME(Last, First, M.): DATE OF REQUEST: STREET ADDRESS: PHONE NUMBER: CITY,STATE.ZIP CODE: SIGNATURE: DESCRIPTION OF THE INFORMATION REQUESTED: B. Completed by Department DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: ACTION: ❑ PUBLIC ❑ NON-PUBLIC ❑APPROVED ❑ PRIVATE ❑ PROTECTED NON-PUBLIC ❑APPROVED IN PART(explain below) ❑ CONFIDENTIAL ❑ DENIED(explain below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: PHOTOCOPYING CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION: ❑ NONE ❑ IDENTIFICATION: DRIVER'S LICENSE, STATE I.D.,etc. ❑ Pages x = ❑ COMPARISON WITH SIGNATURE ON FILE ❑ Special Rate: (attach explanation) ❑ PERSONAL KNOWLEDGE ❑ OTHER: AUTHORIZED SIGNATURE: DATE: 190435v1 15 Exhibit 5 GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT 1 AUTHORIZATION. City of Arden Hills ("City") hereby authorizes ("Authorized Party") access to the following government data: 2. PURPOSE. Access to this government data is limited to the objective of creating summary data for the following purpose: 3. COST. (Check which applies): ❑ The Authorized Party is the person who requested the summary data and agrees to bear the City's costs associated with the preparation of the data which has been determined to be $ ❑ The Authorized Party has been requested by the City to prepare summary data and will be paid in accordance with attached Exhibit A. 4. SECURITY. The Authorized Party agrees that it and any employees or agents under its control must protect the privacy interests of individual data subjects in accordance with the terms of this Agreement. The Authorized Party agrees to remove all unique personal identifiers which could be used to identify any individual from data classified by state or federal law as not public Which IS Obtained from City records and incorporated into reports, summaries, compilations, articles, or any document or series of documents. Data contained in files, records, microfilm, or other storage media maintained by the City are the City's property and are not to leave the City's custody. The Authorized Party agrees not to make reproductions of any data or remove any data from the site where it is provided, if the data can in any way identify an individual. No data which is not public and which is irrelevant to the purpose stated above will ever be disclosed or communicated to anyone by any means. The Authorized Party warrants that the following named individual(s) will be the only person(s) to participate in the collection of the data described above: S. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or disclosure of government data collected, used and maintained in the exercise of this 190435v1 16 Agreement and classified as not public under state or federal law. The Authorized Party understands that it may be subject to civil or criminal penalties under those laws. The Authorized Party agrees to defend, indemnify, and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from an act or omission of the Authorized Party, its agents, employees or assignees under this Agreement and against all loss by reason of the Authorized Party's failure to fully perform in any respect all obligations under this Agreement. 6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at all times during the term of this Agreement to maintain insurance covering the Authorized Party's activities under this Agreement. The insurance will cover $1,000,000 per claimant for personal injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification obligation specified above. 7. ACCESS PERIOD. The Authorized Party may have access to the information described above from to 8. SURVEY RESULTS. (Check which applies): ❑ If the Authorized Party is the requestor, a copy of all reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be made available to the City in its entirety. ❑ If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be provided to the City. The Authorized Party may retain one copy for its own records but may not disclose it without City permission, except in defense of claims brought against it. AUTHORIZED PARTY: By: Date: Title (if applicable): CITY OF ARDEN HILLS By: Date: Its: 190435v1 17 Exhibit 6 NOTICE TO PERSONS UNDER AGE OF 18 Some of the information you are asked to provide is classified as private under state law. You have the right to request that some of all of the information not be given to one or both of your parents/legal guardians. Please complete the form below if you wish to have information withheld. Your request does not automatically mean that the information will be withheld. State law requires the City to determine if honoring the request would be in your best interest. The City is required to consider: • Whether you are of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect you from physical or emotional harm, • Whether there is reasonable grounds to support your reasons, and • Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize your health. NOTICE GIVEN To: DATE: BY: (name) (title) REQUEST TO WITHHOLD INFORMATION I request that the following information: Be withheld from: For these reasons: Date: Print Name: Signature: 190435v1 18 Exhibit 7 DATA PRACTICES ADVISORY Some or all of the information that you are asked to provide on the attached form is classified by state law as either private or confidential. Private data is information which general y cannot be g ven to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is: You are/are not legally required to provide this information. If you refuse to supply the information, the following may happen: Other persons or entities who are authorized by law to receive this information are: 190435v1 19 Exhibit 8 SAMPLE CONTRACT PROVISION Data Practices Compliance. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act or this contract. Upon termination of this contract. Contractor agrees to return data to the City, as requested by the City. 190435v1 20 APPENDIX A PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY CITY 1. Personnel Data (Private) Minn. Stat. §13.43. All data about an individual who is employed as, or an applicant to be, an undercover law enforcement officer. All data on all other individuals who are or were an employee, an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission, except the following which is public: • Name • Actual gross salary • Salary range • Contract fees • Actual gross pension • Value and nature of employer paid fringe benefits • Basis for and amount of added remuneration, including expense reimbursement • Job title • Job description • Education and training background • Previous work experience • Date of first and last employment • The existence and status (but not nature) of any complaints or charges against the employee, whether or not resulting in discipline • Final disposition of any disciplinary action, with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees • Terms of any agreement settling any dispute arising from the employment relationship, including a "buyout" agreement • Work location • Work telephone number • Badge number • Honors and awards received • Payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non-public data • City and county of residence • Names and home addresses of applicants for appointment to and members of an advisory board or commission. If it is reasonably necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the commitment 190435v1 21 process, or (3) a court, law enforcement agency or prosecuting authority. 2. Employment Data (Private) Minn. Stat. §13.43. Data about current and former applicants for employment or appointment to an advisory board or commission, except the following which is public: • Veteran status • Relevant test scores • Rank on eligible list • Job history • Education and training • Work availability • Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) • Names and addresses of applicants for and members of an advisory board or commission are public. 3. Property Complaint Data (Confidential) Minn. Stat. §13.44. The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. 4. Security Information (Private) Minn. Stat. §13.37. Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. 5. Absentee Ballots (Private) Minn. Stat. §13.37. Sealed absentee ballots before opening by an election judge. 6. Sealed Bids (Private) Minn. Stat. §13.37. Sealed bids, including the number of bids received, prior to opening. 7. Labor Relations Information (Private) Minn. Stat. §13.37. Management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information collected or create to prepare the management position. 8. Examination Data Minn. Stat. §13.34. Completed versions of personnel and licensing examinations are private, unless the responsible 190435v1 22 authority determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 9. Elected Officials Correspondence (Private) Minn. Stat. §13.601. Correspondence between individuals and elected officials, but either may make it public. 10. Benefit Data (Private) Minn. Stat. §13.642. All data about individuals participating in the City's housing rehabilitation program. 11. Civil Investigative Data Minn.Stat. §13.39. Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant's statement is private. 12. Appraisal Data (Confidential) Minn. Stat. §13.44 Subd. 3. Appraisals made for the purpose of selling or acquiring land. 13. Recreation Data (Private) Minn.Stat. §13.548. For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 14. City Attorney Records Minn.Stat. §13.393. The use, collection, storage, and dissemination of data by the city attorney is governed by statutes, rules, and professional standards concerning discovery. production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which is the subject of the "work product" privilege is confidential. 190435v1 23 Attachment B It, �S. DEN HILLS CITY OF ARDEN HILLS MINNESOTA GOVERNMENT DATA PRACTICES POLICIES and PROCEDURES August 1, 2023 Annual Review required by August 1 Owner: City Clerk/Responsible Authority 190435v1 1 CITY OF ARDEN HILLS DATA PRACTICES PROCEDURES INDEX CONTENTS DATA PRACTICES PROCEDURES..........................................................................................2 I. Introduction .........................................................................................................................4 A. Access to Data....................................................................................................................4 B. Categories of Classification.................................................................................................4 C. Responsible Authority .........................................................................................................4 II. Public Data Access PROCEDURE......................................................................................5 A. Right to Access Public Data. ...............................................................................................5 B. Form of Request. ................................................................................................................5 C. Time Limits..........................................................................................................................5 D. Fees....................................................................................................................................5 III. Data Subject Access PROCEDURE FOR INDIVIDUALS....................................................6 A. Right to Access. ..................................................................................................................6 B. Data Subject Access and Right to Request. ........................................................................6 C. Identification of Requesting Party........................................................................................7 D. Time Limits..........................................................................................................................7 E. Fees....................................................................................................................................7 F. Juvenile Records.................................................................................................................7 IV. Denial of Access .................................................................................................................8 V. Summary Data....................................................................................................................8 VI. Collection of Data on Individuals .........................................................................................8 VI I. Challenge to Data Accuracy................................................................................................9 190435v1 2 Vill. Ensuring Security of Not Public Data...................................................................................9 A. Accuracy and Currency of Data...........................................................................................9 B. Data Safeguards. ................................................................................................................9 C. Data Inventory...................................................................................................................10 D. Employee Job Descriptions...............................................................................................10 E. Data Sharing with Authorized Individuals ..........................................................................10 F. Contracts...........................................................................................................................11 G. Penalties ...........................................................................................................................11 EXHIBITS NUMBER Listof Designees.........................................................................1 Fees.........................................................................................2 Request to Release Private Data (From and Individual and FromGovernment)...................................................................... 3 Request for Information/MN Government Data Practices Act Form........4 Access and Nondisclosure Agreement.............................................5 Notice to Juveniles...................................................................... 6 Tennessen Warning.....................................................................7 Contract Language, Outside Agents................................................8 APPENDICES LETTER Private & Confidential Data Maintained by City.................................A 190435v1 3 CITY OF ARDEN HILLS PUBLIC DATA AND DATA SUBJECT RIGHTS ACCESS PROCEDURES I. INTRODUCTION These procedures are adopted to comply with the requirements of the Minnesota Government Data Practices Act (the "Act"), found in the Minnesota Statutes, § 13.025, § 13.03, Subd. 2 and § 13.05, Subd. 5. Government data means all data collected, created, received, maintained or disseminated by any government entity regardless of its physical form, storage media or conditions of use. The Act, gives you, a member of the public, the right to inspect and obtain copies of public data retained by the City. The Act, also affords individuals certain rights as data subjects. A. Access to Data Al information maintained by the City is pub is unless there is a specific statutory designation which gives it a private, confidential or non-public classification. The City collects data on individuals and data not on individuals. This data also has varying degrees of accessibility. B. Categories of Classification Data on Individuals Data Not on Individuals Degree of Accessibility Public Public Accessible to anyone Private Non-Public Accessible to data subjects and to government officials whose duties reasonably require access. Confidential Protected Non-Public Accessible only to government officials whose duties reasonably require access. C. Responsible Authority The City Clerk is the Responsible Authority and Data Practices Act Compliance Official. The Responsible Authority has designated certain other City employees to assist in complying with the Act. These designees are listed on attached Exhibit 1. • Annual Review and the City Clerk. The City Clerk or their designee shall review the data practices policy and procedures annually for compliance with the Act. 190435v1 4 II. PUBLIC DATA ACCESS PROCEDURE The Act, gives all members of the public, the right to inspect and have copies of public data that the City maintains. A. Right to Access Public Data. Any person has the right to inspect and copy public data. The person requesting public data also has the right to have an explanation of the meaning of the data. The person requesting public data does not need to state his or her name or give the reason for the request. B. Form of Request. The request for public data must be in writing to the Responsible Authority. Requests can be submitted online via the City's website at https.11www.cityofardenhills.orgIFormCenter/General-Forms-3/Request-for- Information-47 or by submitting the City's Request for Information/Minnesota Government Data Practices Act form (see Exhibit 4) via email, U.S. mail, fax or in person. C. Time Limits. Requests. Requests for accessible public data will be received and processed only during normal business hours. Response. If copies cannot be made at the time of the request, data must be supplied to the requestor within a reasonable time (Minnesota Rules 1205.0300). D. Fees. Fees may be charged only if the requesting person asks for copies. If the request is for 100 or fewer black and white, letter or legal size paper copies fees will be charged according to the City s standard photocopying policy attached as Exhibit 2. For more than 100 or fewer black and white, letter or legal size paper copies or electronic transmittal of data, the fee will include the actual cost of searching for, retrieving and copying or electronically transmitting the data. The fee may not include time necessary to separate public information from non-public information When calculating employee time for making copies, the hourly wage of the lowest-paid employee who is able to search for, retrieve, and make the copies shall be used. The responsible authority may also charge an additional fee if the copies have commercial value and are a substantial and discrete portion of a formula, compilation, program, process or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. The City may require pre-payment for copies of data (Advisory Opinion 04-068). 190435v1 5 III. DATA SUBJECT ACCESS PROCEDURE FOR INDIVIDUALS Minn. Stat. § 13.04 is part of the Act and explains an individual's rights as a data subject. An individual is a living human being. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is contained in Appendix A. A. Right to Access. Public information about an individual may be shown or given to anyone requesting the information. Private information about an individual may be shown or given to: • The individual who is the data subject, but only once every six (6) months, unless a dispute has arisen or additional data has been collected. • A person who has been given access by the express written consent of the data subject. This consent must be on the form attached as Exhibit 3, or a form reasonably similar. • People who are authorized access by the federal, state, or local law or by court order. • People about whom the individual was advised at the time the data was collected. The identity of those people must be part of the Tennessen Warning, attached as Exhibit 7. • City staff and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. City Council's access to private personnel data is limited to instances when an employee is facing a complaint or disciplinary action is being considered. Confidential information may not be given to the subject of the data, but may be shown or given to: • Anyone who is authorized by federal, state, or local law or by court order. • City staff, City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. B. Data Subject Access and Right to Request. An individual may submit a request in writing whether the individual is the subject of data maintained by the City, and whether that data is classified as public, private, or confidential. All requests to see or copy private or confidential information must be in writing. An Information Disclosure Request, attached as Exhibit 4, must be completed to document who requests and who receives this information. The Responsible Authority or designee must complete the relevant portions of the form (see Section II, B. Form of Request, above for options to submit the form). The Responsible Authority or designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. A response to a request for data relating to litigation will be made after consultation with the City Attorney. 190435v1 6 C. Identification of Requesting Party. The Responsible Authority or designee must verify the identity of the requesting party as a person entitled to access. This can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. D. Time Limits. • Requests. Requests will be received and processed only during normal business hours. • Response. The response must be immediate, if possible, or within five (5) working days if an immediate response is not possible. The City may have an additional five (5) working days, not to exceed 10 days total, to respond if it notifies the requesting person that it cannot comply within five (5) working days. E. Fees. Fees may be charged in the same manner as for public information. F. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. • Parental Access. In addition to the people listed above who may have access to private data, a parent may have access to private information about a juvenile data subject. "Parent" means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. The parent is presumed to have this right unless the Responsible Authority or designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. • Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). This notice should be in the form attached as Exhibit 6. • Denial of Parental Access. The Responsible Authority or designee may deny parental access to private data when the juvenile requests this denial and the Responsible Authority or designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the Responsible Authority or designee will consider: • Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences of the request to deny access, • Whether denying access may protect the juvenile from physical or emotional harm, • Whether there is reasonable grounds to support the juveniles reasons for denying parental access, • Whether disclosure of the data could lead to physical or emotional harm to the minor; and 190435v1 7 Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor. The Responsible Authority may deny parental access to private data on a juvenile without a request from the juvenile pursuant to Minnesota Statutes §§ 144.291 to 144.298 or any other statute or federal law that allows or requires the Responsible Authority to deny parental access, if such state statute or federal law provides standards which limit the exercise of discretion of the Responsible Authority. IV. DENIAL OF ACCESS If the Responsib e Authority or designee determines that the requested data is not accessible to the requesting party, the Responsible Authority or designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The Responsible Authority or designee must give the specific legal authority, including statutory section, for withholding the data. The Responsible Authority or designee must place an oral denial in writing upon request. This must also include the specific legal authority for the denial. V. SUMMARY DATA Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by name or any other characteristic that could uniquely identify an individual. Summary data derived from private or confidential data is public. The Responsible Authority or designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of preparation. The Responsible Authority or designee must notify the requesting party about the estimated costs and collect those costs before preparing or supplying the summary data. This should be done within ten (10) days after receiving the request. If the summary data cannot be prepared within ten (10) days, the responsible authority must notify the requester of the anticipated time schedule and the reasons for the delay. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The Responsible Authority may ask an outside agency or person to prepare the summary data if (1) the specific purpose is given in writing, (2) the agency or person agrees not to disclose the private or confidential data, and (3) the Responsible Authority determines that access by this outside agency or person will not compromise the privacy of the private or confidential data. The Responsible Authority may use the form attached as Exhibit 5. VI. COLLECTION OF DATA ON INDIVIDUALS The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city council, or federal government. When an individual is asked to supply private or confidential information about the individual, the City employee requesting the information must give the individual a Tennessen Warning. This warning must contain the following: The purpose and intended use of the requested data, 190435v1 8 • Whether the individual may refuse or is legally required to supply the requested data, • Any known consequences from supplying or refusing to supply the information, and • The identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen Warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen Warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. See attached Exhibit 7. VII. CHALLENGE TO DATA ACCURACY An individual who is the subject of public or private data may contest the accuracy or completeness of that data maintained by the City. The individual must notify the Citys Responsible Authority in writing describing the nature of the disagreement. Within 30 days the Responsible Authority or designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the authority believes the data to be correct. An individual who is dissatisfied with the Responsible Authority s action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statutes Chapter 14. The Responsible Authority will correct any data if so ordered by the Commissioner. VIII. ENSURING SECURITY OF NOT PUBLIC DATA A. Accuracy and Currency of Data. All employees will be requested, and given appropriate forms, to provide updated personal information to the appropriate supervisor, City Clerk, or City Administrator, which is necessary for tax, insurance, emergency notification, and other personnel purposes. Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. All records must be disposed of according to the City's records retention schedule. B. Data Safeguards. Private and confidential information will be stored in files or databases which are not readily accessible to individuals who do not have authorized access and which will be secured during hours when the offices are closed. Private and confidential data must be kept only in City offices, except when necessary for City business. Only those employees whose job responsibilities require them to have access will be 190435v1 9 allowed access to files and records that contain private or confidential information. These employees will be instructed to: • not discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, • not leave private or confidential data where non-authorized individuals might see it, password protect employee computers and lock computers before leaving workstations; • secure private or confidential data within locked work spaces and in locked file cabinets; and • shred private or confidential data before discarding. C. Data Inventory Under the requirements of Minnesota Statutes § 13.025, subd. 1, the City has prepared a Data Inventory which identifies and describes all not public data on individuals maintained by the City. To comply with Minnesota Statutes § 13.05 subd. 5, the City has modified its Data Inventory to represent the employees who have access to not public data. In the event of temporary duty as assigned by a manager or supervisor, an employee may access certain not public data, for as long as the work is assigned to the employee. In addition to the employees listed in the City's Data Inventory, the Responsible Authority, the Data Practices Compliance Official, the City Administrator, Department Heads, and the City Attorney may have access to all not public data maintained by the City if necessary for specified duties. Any access to not public data will be strictly limited to the data necessary to complete the work assignment. The City's General Records Retention Schedule lists data maintained by the City and its classification. The retention schedule is available on the Minnesota Clerks and Finance Officers Association (MCFOA)website at https.11www.mcfoa.orglresources/Documentsl2O21_Retention_Schedule.pdf or by request at Arden Hills City Hall. D. Employee Job Descriptions Employee Job Descriptions may contain provisions identifying any not public data accessible to the employee when a work assignment reasonably requires access. E. Data Sharing with Authorized Individuals State or federal law may authorize the sharing of not public data in specific circumstances. Not public data may be shared with another entity if a federal or state law allows or mandates it. Individuals will have notice of any sharing in applicable Tennessen warnings (See Minnesota Statutes, section 13.04) or the City will obtain informed consent. Any sharing of not public data will be strictly limited to the data necessary or required to comply with the applicable law. 190435v1 10 F. Contracts When a contract with an outside party requires access to private or confidential information the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit 8. G. Penalties The City will utilize the penalties for unlawful access to not public data as provided for in Minnesota Statutes, section 13.09, if necessary. Penalties included suspension, dismissal, or referring the matter to the appropriate prosecutorial authority who may pursue a criminal misdemeanor charge. 190435v1 11 EXHIBIT 1 LIST OF DESIGNEES The Minnesota Data Practices Act establishes a system for compilation and distribution of data gathered by government agencies. All data collected and maintained by the City of Arden Hills is presumed public and accessible to the public for both inspection and copying, unless classified as Private, Confidential, Non-public, or Protected Non-public in accordance with federal law, state statute or a temporary classification (Minn. Stat. 13.01). The City of Arden Hills has appointed the following designees to administer this policy: City Administrator Finance Director Community Development Director Public Works Director Other positions responsible for maintenance of City records are as apparent or assigned. 190435v1 12 EXHIBIT 2 FEES SEE CITY OF ARDEN HILLS FEE SCHEDULE https.11www.cityofardenhills.org/DocumentCenter/View/8/2023-Fee-Schedule-PDF?bidld= 190435v1 13 EXHIBIT 3 REQUEST TO RELEASE PRIVATE DATA FROM AN INDIVIDUAL If you have a question about anything about this consent, or would like more explanation before you sign it, please contact the Responsible Authority (or Designee): City Clerk City of Arden Hills 1245 W Highway 96, Arden Hills MN 55112 651-792-7811 I, , give my permission for the City of Arden Hills to release data about me to (name of other entity/person) as described in this consent. 1. The specific data I want the City of Arden Hills to release includes (explain data): 2. 1 understand that I have asked the City of Arden Hills to release the data. 3. 1 understand that although the data are classified as private at the City of Arden Hills, the classification/treatment of the data at (name of other entity/person) may not be the same and is dependent on laws or policies that apply to (name of other entity/person). [OPTIONAL] This permission to release expires (date) 20_at am/pm. Signature Date Signature of Parent/Legal Guardian Date 190435v1 14 EXHIBIT 3 continued REQUEST TO RELEASE PRIVATE DATA FROM GOVERNMENT Explanation of your rights: • You have the right to choose what data we release. This means you can let us release all of the data, some of the data, or none of the data listed in this consent. Before you give permission to release the data, we encourage you to review the data listed in this consent. • You have the right to let us release the data to all, some, or none of the persons or entities listed on this form. This means you can choose which entities or persons may receive the data and what data they may receive. • You have the right to ask us to explain the consequences for giving your permission to release the data. • You may withdraw your permission at any time. Withdrawing your permission will not affect the data that we have already released because we had your permission to release the data. • You may give us permission to discuss the data released by this form with the outside entity. If you choose not to give us permission, you may still allow us to release the data. If you have a question about anything about this consent, or would like more explanation before you sign it, please contact the Responsible Authority(or Designee): City Clerk City of Arden Hills 1245 W Highway 96, Arden Hills MN 55112 651-792-7811 PERMISSION TO RELEASE I , give my permission for the City of Arden Hills to release data about me to (name of other entity/person) as described in this consent. I understand that my decision to allow release of the data to (name of other entity/person) is voluntary. 1. The specific data that the City of Arden Hills may release to (name of other entity/person) are (explain data): 2. 1 understand the City of Arden Hills wants to release the data for this reason (explain reason): 3. 1 understand that although the data are classified as private at the City of Arden Hills, the classification/treatment of the data at (name of other entity/person) may not be the same and is dependent on laws or policies that apply to (name of other entity/person). [INCLUDE OTHER CONSEQUENCES] 4. [OPTIONAL]. I give the City of Arden Hills permission to discuss the data released by this consent with (name of other entity/person). [OPTIONAL] This permission to release expires (date) , 20 at am/pm. Signature Date Signature of Parent/Legal Guardian Date 190435v1 15 IDENTITY VERIFIED BY: Witness: Identification: Driver's License, State ID, Passport, other: Comparison with signature on file Other: Responsible Authority/Designee: 190435v1 16 EXHIBIT 4 �-4 II�)EN�HILLS CITY OF ARDEN HILLS REQUEST FOR INFORMATION Minnesota Government Data Practices Act A. Completed by Requestor REQUESTOR NAME(Last, First, M.): DATE OF REQUEST: STREET ADDRESS: PHONE NUMBER: CITY,STATE.ZIP CODE: EMAIL ADDRESS: SIGNATURE: DESCRIPTION OF THE INFORMATION REQUESTED: The City makes every effort to respond to data requests in a reasonable amount of time (generally within five (5) to seven (7) working days). Please note that larger data requests typically require additional time. We appreciate your patience. B. Completed by Department DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: ACTION: ❑ PUBLIC ❑ NON-PUBLIC ❑APPROVED ❑ PRIVATE ❑ PROTECTED NON-PUBLIC ❑APPROVED IN PART(explain below) ❑ CONFIDENTIAL ❑ DENIED(explain below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: PHOTOCOPYING CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION: ❑ NONE ❑ IDENTIFICATION: DRIVER'S LICENSE, STATE I.D.,etc. ❑ Pages x = ❑ COMPARISON WITH SIGNATURE ON FILE ❑ Special Rate: (attach explanation) ❑ PERSONAL KNOWLEDGE ❑ OTHER: 190435vl 17 AUTHORIZED SIGNATURE: DATE: 190435v1 18 EXHIBIT 5 GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT FOR SUMMARY DATA 1 AUTHORIZATION. City of Arden Hills ("City") hereby authorizes ("Authorized Party") access to the following government data: 2. PURPOSE. Access to this government data is limited to the objective of creating summary data for the following purpose: 3. COST. (Check which applies): ❑ The Authorized Party is the person who requested the summary data and agrees to bear the City's costs associated with the preparation of the data which has been determined to be $ ❑ The Authorized Party has been requested by the City to prepare summary data and will be paid in accordance with attached Exhibit 2. 4. SECURITY. The Authorized Party agrees that it and any employees or agents under its control must protect the privacy interests of individual data subjects in accordance with the terms of this Agreement. The Authorized Party agrees to remove all unique personal identifiers which could be used to identify any individual from data classified by state or federal law as not public Which IS Obtained from City records and incorporated into reports, summaries, compilations, articles, or any document or series of documents. Data contained in files, records, microfilm, or other storage media maintained by the City are the City's property and are not to leave the City's custody. The Authorized Party agrees not to make reproductions of any data or remove any data from the site where it is provided, if the data can in any way identify an individual. No data which is not public and which is irrelevant to the purpose stated above will ever be disclosed or communicated to anyone by any means. The Authorized Party warrants that the following named individual(s) will be the only person(s) to participate in the collection of the data described above: 5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or disclosure of government data collected, used and maintained in the exercise of this 190435v1 19 Agreement and classified as not public under state or federal law. The Authorized Party understands that it may be subject to civil or criminal penalties under those laws. The Authorized Party agrees to defend, indemnify, and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from an act or omission of the Authorized Party, its agents, employees or assignees under this Agreement and against all loss by reason of the Authorized Party's failure to fully perform in any respect all obligations under this Agreement. 6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at all times during the term of this Agreement to maintain insurance covering the Authorized Party's activities under this Agreement. The insurance will cover$1,000,000 per claimant for personal injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification obligation specified above. 7. ACCESS PERIOD. The Authorized Party may have access to the information described above from to 8. SURVEY RESULTS. (Check which applies): ❑ If the Authorized Party is the requestor, a copy of all reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be made available to the City in its entirety. ❑ If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be provided to the City. The Authorized Party may retain one copy for its own records but may not disclose it without City permission, except in defense of claims brought against it. AUTHORIZED PARTY: By: Date: Title (if applicable): CITY OF ARDEN HILLS By: Date: Its: 190435v1 20 EXHIBIT 6 NOTICE TO PERSONS UNDER AGE OF 18 Some of the information you are asked to provide is classified as private under state law. You have the right to request that some of all of the information not be given to one or both of your parents/legal guardians. Please complete the form below if you wish to have information withheld. Your request does not automatically mean that the information will be withheld. State law requires the City to determine if honoring the request would be in your best interest. The City is required to consider: • Whether you are of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect you from physical or emotional harm, • Whether there is reasonable grounds to support your reasons, and • Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize your health. NOTICE GIVEN To: DATE: BY: (name) (title) REQUEST TO WITHHOLD INFORMATION I request that the following information: Be withheld from: For these reasons: Date: Print Name: Signature: 190435v1 21 EXHIBIT 7 DATA PRACTICES ADVISORY Some or all of the information that you are asked to provide on the attached form is classified by state law as either private or confidential. Private data is information which general y cannot be g ven to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is: You are/are not legally required to provide this information. If you refuse to supply the information, the following may happen: Other persons or entities who are authorized by law to receive this information are: 190435v1 22 EXHIBIT 8 SAMPLE CONTRACT PROVISION Data Practices Compliance. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act or this contract. Upon termination of this contract. Contractor agrees to return data to the City, as requested by the City. 190435v1 23 APPENDIX A PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY CITY 1. Personnel Data (Private) Minn. Stat. §13.43. The following data on individuals who are or were an employee, an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission, is public. • Name • Actual gross salary • Salary range • Contract fees • Actual gross pension • Value and nature of employer paid fringe benefits • Basis for and amount of added remuneration, including expense reimbursement • Job title • Job description • Education and training background • Previous work experience • Date of first and last employment • The existence and status (but not nature) of any complaints or charges against the employee, whether or not resulting in discipline • Final disposition of any disciplinary action, with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees • Terms of any agreement settling any dispute arising from the employment relationship, including a "buyout" agreement • Work location • Work telephone number • Badge number • Honors and awards received • Payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non-public data All data about an individual who is employed as, or an applicant to be, an undercover law enforcement officer is private data. If it is reasonably necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting authority. Include Safe at Home 190435v1 24 2. Employment Data (Private) Minn. Stat. §13.43. Data about current and former applicants for employment, except the following which is public: • Veteran status • Relevant test scores • Rank on eligible list • Job history • Education and training • Work availability • Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) • Names and addresses of applicants for and members of an advisory board or commission are public. 3. Property Complaint Data (Confidential) Minn. Stat. §13.44. The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. 4. Security Information (Private) Minn. Stat. §13.37. Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. 5. Absentee Ballots (Private) Minn. Stat. §13.37. Sealed absentee ballots before opening by an election judge. 6. Sealed Bids (Private) Minn. Stat. §13.37. Sealed bids, including the number of bids received, prior to opening. 7. Labor Relations Information (Private) Minn. Stat. §13.37. Management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information collected or create to prepare the management position. 8. Examination Data Minn. Stat. §13.34. Completed versions of personnel and licensing examinations are private, unless the responsible authority determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 190435v1 25 9. Elected and Appointed Officials Data (Private) Minn. Stat. §13.601. Correspondence between individuals and elected officials, but either may make it public. Application for appointment data is private, except specified data that is public as part of the application process and additional listed items of data once an individual is appointed. 10. Benefit Data (Private) Minn. Stat. §13.642. All data about individuals participating in the City's housing rehabilitation program. 11. Civil Investigative Data Minn.Stat. §13.39. Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant's statement is private. 12. Appraisal Data (Confidential) Minn. Stat. §13.44 Subd. 3. Appraisals made for the purpose of selling or acquiring land. 13. Recreation Data (Private) Minn.Stat. §13.548. For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 14. City Attorney Records Minn.Stat. §13.393. The use, collection, storage, and dissemination of data by the city attorney is governed by statutes, rules, and professional standards concerning discovery. production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney- client privilege is confidential. Data which is the subject of the "work product" privilege is confidential. 190435v1 26 INFORMATIONAL ITEM—3D ,'iAZEN HILLS MEMORANDUM DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Youth Commissioner Draft Ordinance Language Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council should consider providing direction on the draft ordinance language relating to Youth Commissioners. Background At the May 151h worksession, the City Council directed Staff to follow up on drafting language to add Youth Commissioners the City's committees and commissions. Staff also followed up on the below questions: -Both committees and commissions can have Youth Commissioners -There is no age minimum for any of the City's committees or commissions The one caveat from the City Attorney was given regarding the nature of the work done by the Planning Commission and the potential complexities and legal implications, he would recommend not having a Youth Commissioner on the commission regardless of voting or non-voting capacity. Language has been drafted for Council review to add Youth Commissioners to both the Economic Development Commission and Parks, Trails, and Recreation Committee. If Council is supportive of the language it will be brought forward for formal approval at a later meeting. Budget Impact N/A Attachment Attachment A: Draft Ordinance Language Page 1 of 1 Attachment A -A NHILI ORDINANCE NO. 2023-XXX CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 2, SECTION 220, SUBSECTIONS 220.04 AND 220.05 OF THE ARDEN HILLS CITY CODE REGARDING REGULATIONS FOR BOARDS, COMMITTEES AND COMMISSIONS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 2 - Administration, Section 220 - Boards, Committees and Commissions, Subsection 220.04 — Economic Development Commission, is hereby amended as follows: 220.04 Economic Development Commission. Subd. 1 Establishment of Commission. An Economic Development Commission is hereby established to facilitate positive interaction with the business community and advise the City Council and the Economic Development Authority on economic development, redevelopment and related community development issues. Subd. 2 Composition. The Economic Development Commission shall consist of nine (9) members appointed by the City Council. The membership may be open to any resident or non- resident affiliated with an Arden Hills business who is interested in the business climate and economic development direction of the City. There shall be at least four (4) Arden Hills residents represented on the Commission. One additional Youth Commissioner may be appointed by the City Council. The Youth Commissioner will have the same voting rights as other members of the commission. The Youth Commissioner's term will last for one year from September 1st through Aujzust 31 st. The Youth Commissioner must meet be a Sophomore, Junior or Senior enrolled in a high-school or PSEO program; and be enrolled in a school district that serves Arden Hills or a resident of Arden Hills attending a school outside of the City's typical school districts. Subd. 3 Duties and Functions. The duties and functions of the Commission shall be included in the Annual Resolution appointing new members and may be changed by Council Resolution, from time to time,based upon the needs of the City. Page 1 of 2 224721v1 SECTION 2. Chapter 2 - Administration, Section 220 - Boards, Committees and Commissions, Subsection 220.05—Parks, Trails and Recreation Committee is hereby amended as follows: 220.05 Parks, Trails and Recreation Committee. Subd. 1 Establishment of Committee. The Parks, Trails and Recreation Committee is hereby established to review and evaluate the City's Parks, Trails and Recreation Programs. Subd. 2 Composition. The Parks, Trails and Recreation Committee shall consist of up to twelve (12)members appointed by the City Council. The membership may be open to any resident, or non-resident affiliated with an Arden Hills business, non-profit, or community organization that is interested in the City's Parks, Trails and Recreation Programs. At all times, a majority of the Committee membership shall be current residents of Arden Hills. Geographical balance may be used as criteria for selecting new members. One additional Youth Commissioner may be appointed by the City Council. The Youth Committee Member will have the same voting rights as other members of the committee. The Youth Committee Member's term will last for one year from September 1 st through August 3Is'. The Youth Committee Member must meet be a Sophomore, Junior or Senior enrolled in a high-school or PSEO program; and be enrolled in a school district that serves Arden Hills or a resident of Arden Hills attending a school outside of the City's typical school districts. Subd. 3 Duties and Functions. The duties and functions of the Committee shall be included in the Annual Resolution appointing new members and may be changed by Council Resolution, from time to time,based on the needs of the City. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this XXth day of XXX 2023, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By David Grant, Mayor ATTEST: Julie Hanson, City Clerk Page 2 of 2 To view the final document,access adopted Ordinances via Arden Hills Public Laserfiche Weblink by visiting citvolardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage 224721vl INFORMATIONAL ITEM—3E ,-iIZEN HILLS MEMORANDUM DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Council Tracker Update Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider The Council should provide further direction on items presented on the Council Request Tracker. Background City Council will receive a verbal update on items the Council has previously directed staff to research and/or bring forward. Discussion N/A Budget Impact N/A Attachments N/A Page 1 of 1 STAFF QUESTIONS—4A ,-AI�EN HILLS MEMORANDUM DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers FROM: Luke Cardona, Senior Communications Coordinator SUBJECT: State of the City Planning Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration The City Council should consider providing feedback for the planning of the 2023 State of the City. Background This is a very preliminary discussion on the State of the City, and pending Council direction, a more in-depth discussion will occur at a future work session. The Council recorded the most recent State on September 15, 2022. The presentation was live for attendees at Boston Scientific and recorded by NineNorth and distributed electronically to residents. Previously, the Council had intended to move the State of the City to the beginning of the calendar year. COVID was the initial factor that caused delays and a different schedule for the State of the City. Should Council want to continue holding this in early fall, Staff must start planning and preparing drafts for the Council. Should Council choose to wait until the beginning of 2024,preparations will begin in the fall. Staff needs direction on the below questions: • Does Council want to have the State of the City in early fall or at the start of the new year? Whichever is decided would then set the stage for having it that same time the following year. o Early fall would likely be in September or October, and the start of the new year likely in January or February. Page 1 of 2 • Does Council have a preference for site selection? o Last year was held at Boston Scientific and we have also previously hosted it at Flaherty's and the Tavern Grill. Other possible venues discussed in the past were Land O' Lakes and the Marsden Room. • Does Council want to follow the same format as last year? o One morning event and each Councilmember speaks to a specific topic. Note that topics usually include a TCAAP update, development projects,building inspections update,public safety updates, City construction projects, and a finance update. Staff is not seeking topic decisions this evening as that will be done at a work session once a date is decided for the State of the City. However, if there are topics that might be unusual or unexpected, Council may provide indicators of that ahead of time. If Staff can get direction on planning for State of the City, in a future work session, we will bring back confirmations on locations, topic discussion, and assignments and take more in-depth feedback on moving forward. Budget Impact N/A Attachment N/A Page 2 of 2 STAFF QUESTIONS—4B ,'iAZEN HILLS MEMORANDUM DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Twin Cities Gateway Grant Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council should consider providing direction on the Twin Cities Gateway Grant for 2023. Background A verbal update will be provided. Budget Impact N/A Attachment N/A Page 1 of 1 PRESENTATION ITEM— 5A ,-iIZEN HILLS MEMORANDUM DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director/City Engineer Chris Harrington and Thomas Jantscher—HR Green SUBJECT: Arden Manor Park&Floral Park Improvements Budgeted Amount: Actual Amount: Funding Source: $606,000—Floral Park $1,237,142.27 CDBG Funds, PIR—Parks $249,700—Arden Manor Council Should Consider Project scope and related estimated cost reductions Background On April 12, 2021, City Council approved Resolution 2021-017 supporting the City's application for a CDBG funding opportunity for Arden Manor Park. At a Work Session on November 15, 2021, Council discussed the proposed improvements at Arden Manor Park and Floral Park Hardcourt. At the November 22, 2021 Council meeting, the PSA with HR Green was approved to design and construct Arden Manor Park and Floral Park Hardcourt. On October 24, 2022, Council approved the PSA Amendment with HR Green to add the Floral Park playground structures and park equipment to the overall project. On June 12, 2023 City Council tabled the item to award the construction contract to discuss project scope at a later Work Session. Discussion Council should review Attachment A& B and the table provided below, which shows 6 different project elements and the related cost based off of the low-bid numbers received. Please note, that the mobilization costs are not included. If project scope is changed, mobilization among other items, must be negotiated with the contractor. Page 1 of 3 Budget Impact The project funding is provided below: Fundin Arden Manor Park: CDBG Program $ 189,700 City PIR- Parks $ 60,000 Total $ 249,700 Floral Park: Per CIP: Roof work $ 30,000 City PIR- Parks $ 606,000 Play structure $150,000 Total $ 606,000 Hard courts $426,000 Primary elements at each park are play structure replacement, hard court rehabilitation, shelter improvements and other amenities. FLORAL PARK HARD COURT AND TRAIL SEGMENT S 214 480.11 SHELTER S 86.123.76 PLAY STRUCTURE AND TRAIL RING 5 182 910.04 ARDEN MANOR PARK ARDEN MANOR HARD COURT $ 129 112.04 ARDEN MANOR SHELTER $ 105,376.45 ARDEN MANOR PLAY STRUCTURE $ 174 108.47 *These costs do not include mobilization The actual total cost,per the low-bid, is $381,442.27 over the total budgeted amount for both parks. This will have an impact on future CIP projects. Finance has received 2024-2028 CIP requests from department heads and will be presenting information to the City Council at the July work session. Included below is a very preliminary view of the PIR Fund balances by year based on requests received and making no changes to revenue assumptions. These numbers do not include the Lake Johanna and Old Highway 10 trail projects and will change as we continue through the budgeting process. Year Balance Year Balance 2024 $ 1,831,933 2029 $ 659,573 2025 $ 1,832,373 2030 $ 183,313 2026 $ 1,007,753 2031 $ 1,318,013 2027 $ 1,270,733 2032 $ (1,003,787) 2028 $ (124,167) 2033 $ 77,595 Page 2 of 3 Attachments Attachment A—Cost breakdowns for Floral Park Attachment B—Cost breakdowns for Arden Manor Park Page 3 of 3 OPINION OF PROBABLE PROJECT COST Arden Hills Park Improvements Attachment A June 12, 2023 COST BREAKOUT SPREADSHEET FLORAL PARK HARD COURT AND TRAIL SEGMENT $ 214,480.11 SHELTER $ 86,123.76 PLAY STRUCTURE AND TRAIL RING $ 182,910.04 Page 1 of 1 H RGreen OPINION OF PROBABLE PROJECT COST Arden Hills Park Improvements June 12,2023 Prepared by HR Green ITEM ITEM DESCRIPTION NOTES UNIT COST C.P.22-PARK-001 ESTIMATED NUMBER TOTAL COST FLORAL PARK-COURTS AND PROPOSED TRAIL 2101.505 CLEARING ACRE $ 33,000.00 0.05 $ 1,650.00 2104.502 SALVAGE BENCH EACH $ 332.20 1 $ 332.20 2104.502 SALVAGE BICYCLE RACK EACH $ 332.20 1 $ 332.20 2104.503 REMOVE CHAIN LINK FENCE LIN FT $ 6.72 380 $ 2,553.60 2104.504 REMOVE BITUMINOUS PAVEMENT SO YD $ 2.59 1373 $ 3,556.07 2104.601 REMOVE TENNIS POST AND NET LUMP SUM $ 375.10 1 $ 375.10 2104.602 REMOVE BASKETBALL GOAL AND POST EACH $ 281.33 2 $ 562.66 2106.507 COMMON EMBANKMENT(CV) CU YD $ 7.91 110 $ 870.10 2106.507 EXCAVATION-COMMON CU YD $ 22.30 603 $ 13,446.90 2106.507 SELECT GRANULAR EMBANKMENT(CV) CU YD $ 32.41 268 $ 8,685.88 2108.504 GEOTEXTILE FABRIC TYPE 5 SO YD $ 2.48 1596 $ 3,958.08 2211.507 AGGREGATE BASE(CV)CLASS 5 CU YD $ 32.82 363 $ 11,913.66 2360.509 TYPE SP 9.5 WEARING COURSE MIX(2,C) TON $ 119.70 349 $ 41,775.30 2502.503 4"PE PIPE DRAIN LIN FT $ 16.65 30 $ 499.50 2502.503 4"PERF PE PIPE DRAIN LIN FT $ 10.16 946 $ 9,611.36 2502.602 4"PVC PIPE DRAIN CLEANOUT EACH $ 371.01 9 $ 3,339.09 2521.518 4"CONCRETE WALK SO FT $ 13.13 68 $ 892.84 2521.603 5"THICK x 12"WIDE CONCRETE MAINTENANCE STRIP LIN FT $ 30.92 264 $ 8,162.88 2521.603 5"THICK x 18"WIDE CONCRETE MAINTENANCE STRIP LIN FT $ 30.96 365 $ 11,300.40 2540.601 PORTABLE TOILET SCREENING LUMP SUM $ 6,920.00 1 $ 6,920.00 2540.602 INSTALL BASKETBALL GOAL AND POST EACH $ 1,445.00 2 $ 2,890.00 2540.602 INSTALL BENCH EACH $ 390.00 3 $ 1,170.00 2540.602 INSTALL BICYCLE RACK EACH $ 390.00 1 $ 390.00 2540.602 TENNIS NET AND POST SYSTEM EACH $ 3,365.00 1 $ 3,365.00 2557.602 10'HIGH, 10'WIDE DOUBLE GATE EACH $ 1,425.00 2 $ 2,850.00 2557.603 10'HIGH,3-RAIL CHAIN-LINK PERIMETER FENCE LIN FT $ 90.00 337 $ 30,330.00 2557.603 4'HIGH,3-RAIL CHAIN-LINK PERIMETER FENCE LIN FT $ 115.00 20 $ 2,300.00 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM $ 2,750.00 1 $ 2,750.00 2573.502 STORM DRAIN INLET PROTECTION EACH $ 165.00 1 $ 165.00 2573.503 SILT FENCE,TYPE MS LIN FT $ 3.85 643 $ 2,475.55 2574.508 FERTILIZER TYPE 3 POUND $ 0.75 30 $ 22.50 2575.508 HYDRAULIC MULCH MATRIX POUND $ 5.26 315 $ 1,656.90 2575.508 SEED MIXTURE 25-131 POUND $ 147.60 33 $ 4,870.80 2582.604 ACRYLIC COLOR SURFACING SQ YD 1 $ 14.461 1349 $ 19,506.54 BY OTHERS PURCHASE BASKETBALL GOAL AND POST EACH $ 3,000.00 1 2 $ 6,000.00 BY OTHERS PURCHASE BENCH EACH $ 1,500.00 2 $ 3,000.00 TOTAL FLORAL PARK COURTS AND PROPOSED TRAIL COST $ 214,480.11 FLORAL PARK Contractor cost $ 205,480.11 City cost $ 9,000.00 TOTAL $ 214,480.11 Page 1 of 1 H RGreen OPINION OF PROBABLE PROJECT COST Arden Hills Park Improvements Jun 12,2023 Prepared by HR Green ITEM ITEM DESCRIPTION UNITS UNIT COST C.P.22-PARK-001 ESTIMATED NUMBER TOTAL COST FLORALPARK-SHELTER 2104.504 REMOVE CONCRETE SLAB SO YD $ 9.34 51 $ 476.34 2104.602 REMOVE SHELTER EACH $ 2,107.05 1 $ 2,107.05 2106.507 COMMON EMBANKMENT(CV) CU YD $ 7.91 1 $ 7.91 2106.507 EXCAVATION-COMMON CU YD $ 22.30 111 $ 2,475.30 2106.507 SELECT GRANULAR EMBANKMENT(CV) CU YD $ 32.41 94 $ 3,046.54 2108.504 GEOTEXTILE FABRIC TYPE 5 SO YD $ 2.48 70 $ 174.15 2401.507 STRUCTURAL CONCRETE(3G52) CU YD $ 2,248.12 1 13 $ 29,225.56 2401.508 REINFORCEMENT BARS(EPDXY COATED) LB $ 5.52 2800 $ 15,456.00 2502.503 4"PE PIPE DRAIN LIN FT $ 16.65 87 $ 1,448.55 2502.503 4"PERF PE PIPE DRAIN LIN FT $ 10.16 96 $ 975.36 2502.602 4"PVC PIPE DRAIN CLEANOUT EACH $ 371.00 2 $ 742.00 2540.602 INSTALL GRILL EACH $ 570.00 1 $ 570.00 2540.602 INSTALL HOT COAL BIN EACH $ 255.00 1 1 $ 255.00 BY OTHE RNISH AND INSTALL PURCH H $ 27, BY OTHERS ASE GRILL EACH $ 1,000.00 1 $ 1,000.00 BY OTHERS PURCHASE HOT COAL BIN EACH $ 500.00 1 $ 500.0 00 TOTAL FLORAL PARK SHELTER COST $ 86,123.76 IF FLORAL PARK Contractor cost $ 56,659.76 City cost $ 1,500.00 -Playground vendor cost $ 27,964.00 TOTAL $ 86,123.76 Page 1 of 1 H RGreen OPINION OF PROBABLE PROJECT COST Arden Hills Park Improvements Jun 12,2023 Prepared by HR Green ITEM ITEM DESCRIPTION UNITS UNIT COST C.P.22-PARK-001 ESTIMATED NUMBER TOTAL COST FLORAL PARK-PLAY STRUCTURE AND TRAIL RING 2101.502 CLEARING EACH $ 566.50 4 $ 2,266.00 2101.502 GRUBBING EACH $ 110.00 4 $ 440.00 2104.502 SALVAGE SIGN EACH $ 83.05 1 $ 83.05 2104.503 REMOVE CURB AND GUTTER LIN FT $ 23.97 16 $ 383.52 2104.504 REMOVE BITUMINOUS PAVEMENT SO YD $ 2.59 1029 $ 2,665.11 2104.601 REMOVE PLAYGROUND EQUIPMENT LUMP SUM $ 5,852.00 1 $ 5,852.00 2104.602 REMOVE PORTABLE TOILET SCREENING EACH $ 187.55 1 $ 187.55 2104.603 REMOVE LANDSCAPE TIMBER CURB LIN FT $ 4.75 205 $ 973.75 2104.604 REMOVE PLAYGROUND SURFACING SO YD $ 9.78 270 $ 2,640.60 2106.507 COMMON EMBANKMENT(CV) CU YD $ 7.91 79 $ 624.89 2106.507 EXCAVATION-COMMON CU YD $ 22.30 333 $ 7,425.90 2106.507 SELECT GRANULAR EMBANKMENT(CV) CU YD $ 32.41 28 $ 907.48 2108.504 GEOTEXTILE FABRIC TYPE 5 SQ YD $ 2.48 281 $ 696.88 2211.507 AGGREGATE BASE(CV)CLASS 5 CU YD $ 32.82 168 $ 5,513.76 2360.509 TYPE SP 9.5 WEARING COURSE MIX(2,C) TON $ 119.70 164 $ 19,630.80 2502.503 4"PE PIPE DRAIN LIN FT $ 16.65 88 $ 1,465.20 2502.503 4"PERF PE PIPE DRAIN LIN FT $ 10.16 229 $ 2,326.64 2502.602 4"PVC PIPE DRAIN CLEANOUT EACH $ 371.00 8 $ 2,968.00 2521.518 6"CONCRETE WALK SO FT $ 17.07 50 $ 853.50 2531.503 CONCRETE CURB DESIGN V4 LIN FT $ 36.16 206 $ 7,448.96 2531.603 CONCRETE RIBBON CURB LIN FT $ 52.78 20 $ 1,055.60 2531.618 TRUNCATED DOMES SO FT $ 78.75 19 $ 1,496.25 2540.602 INSTALL BENCH EACH $ 390.00 2 $ 780.00 2540.602 INSTALL BICYCLE RACK EACH $ 390.00 1 $ 390.00 2540.602 INSTALL PET WASTE BAG STATION EACH $ 520.00 2 $ 1,040.00 2540.602 INSTALL SWINGING BENCH EACH $ 890.00 1 $ 890.00 2564.602 INSTALL SIGN EACH $ 585.00 1 $ 585.00 2572.503 TEMPORARY FENCE LIN FT $ 3.30 235 $ 775.50 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM $ 2,750.00 1 $ 2,750.00 2573.503 SILT FENCE,TYPE MS LIN FT $ 3.85 1145 $ 4,408.25 2574.508 FERTILIZER TYPE 3 POUND $ 0.75 48 $ 36.00 2575.508 HYDRAULIC MULCH MATRIX POUND $ 5.26 504 $ 2,651.04 2575.508 SEED MIXTURE 25-131 POUND $ 147.60 53 $ 7,822.80 2575.607 WOOD FIBER MULCH CU YD $ 75.40 128 $ 9,651.20 BY OTHERS FURNISH AND INSTALL PLAYGROUND EQUIPMENT LUMP SUM $ 79,5 79,549.81 BY OTHERS PURCHASE BENCH EACH $ 1,500.00 2 $ 3,000.00 BY OTHERS PURCHASE BICYCLE RACK EACH $ 250.00 1 $ 250.00 BY OTHERS PURCHASE PET WASTE BAG STATION EACH $ 200.00 2 $ 400.00 BY OTHERS PURCHASE SWINGING BENCH EACH $ 2,500.00 1 $ 2,500.00 TOTAL FLORAL PARK PLAY STRUCTURE AND TRAIL RING COST $ 182,910.04 FLORAL PARK Contractor cost $ 97,210.23 City cost $ 6,150.00 Playground vendor cost $ 79,549.81 TOTAL $ 182,910.04 Page 1 of 1 H RGreen OPINION OF PROBABLE PROJECT COST Arden Hills Park Improvements Attachment B June 12, 2023 COST BREAKOUT SPREADSHEET ARDEN MANOR PARK ARDEN MANOR HARD COURT $ 129,112.04 ARDEN MANOR SHELTER $ 105,376.45 ARDEN MANOR PLAY STRUCTURE $ 174,108.47 Page 1 of 1 H RG reen OPINION OF PROBABLE PROJECT COST Arden Hills Park Improvements June 12,2023 Prepared by HR Green ITEM ITEM DESCRIPTION UNITS UNIT COST C.P.20-PARK-003 ESTIMATED NUMBER TOTAL COST ARDEN MANOR PARK-HARD COURT 2101.505 CLEARING ACRE $ 33,000.00 0.05 $ 1,650.00 2104.503 REMOVE CHAIN LINK FENCE LIN FT $ 7.00 297 $ 2,079.00 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD $ 2.51 864 $ 2,168.64 2104.602 REMOVE BASKETBALL GOAL AND POST EACH $ 281.33 2 $ 562.66 2106.507 COMMON EMBANKMENT CV CU YD $ 6.88 107 $ 736.16 2106.507 EXCAVATION-COMMON CU YD $ 12.44 545 $ 6,775.69 2106.507 SELECT GRANULAR EMBANKMENT CV CU YD $ 35.20 437 $ 15,382.40 2108.504 GEOTEXTILE FABRIC TYPE 5 SO YD $ 3.52 516 $ 1,816.32 2211.507 AGGREGATE BASE CV CLASS 5 CU YD $ 44.05 125 $ 8,061.15 2360.509 TYPE SP 9.5 WEARING COURSE MIX(2,C) TON $ 138.60 87 $ 20,374.20 2502.503 4"PE PIPE DRAIN LIN FT $ 24.72 36 $ 889.92 2502.503 4"PERF PE PIPE DRAIN LIN FT $ 9.76 500 $ 4,875.12 2502.602 4"PVC PIPE DRAIN CLEANOUT EACH $ 498.68 6 $ 2,992.08 2521.603 5"THICK x 18"WIDE CONCRETE MAINTENANCE STRIP LIN FT $ 34.34 294 $ 10,095.96 2540.602 INSTALL BASKETBALL GOAL AND POST EACH $ 1,445.00 2 $ 2,890.00 2557.602 10'HIGH, 10'WIDE DOUBLE GATE EACH $ 1,425.00 1 $ 1,425.00 2557.603 10'HIGH,3-RAIL CHAIN-LINK PERIMETER FENCE LIN FT $ 85.00 272 $ 23,120.00 2557.603 4'HIGH,3-RAIL CHAIN-LINK PERIMETER FENCE LIN FT $ 140.00 10 $ 1,400.00 2573.502 CULVERT END CONTROLS EACH $ 496.10 2 $ 992.20 2574.508 SILT FENCE,TYPE MS LIN FT $ 3.85 502 $ 1,932.70 2574.508 FERTILIZER TYPE 3 POUND $ 0.60 24 $ 14.40 2575.508 HYDRAULIC MULCH MATRIX POUND $ 5.11 273 $ 1,395.03 2575.508 SEED MIXTURE 25-131 POUND $ 139.19 29 $ 4,036.51 2582.604 ACRYLIC COLOR SURFACING SO YD $ 14.46 515 $ 7,446.90 BY OTHERS PURCHASE BASKETBALL GOAL AND POST EACH $ 3,000.00 2 $ 6,000.00 TOTAL ARDEN MANOR PARK HARD COURT COST $ 129,112.04 ARDEN MANOR PARK Contractor cost $ 123,112.04 City cost $ 6,000.00 TOTAL $ 129,112.04 Page 1 of 1 H RG reen OPINION OF PROBABLE PROJECT COST Arden Hills Park Improvements June 12,2023 Prepared by HR Green ITEM ITEM DESCRIPTION UNITS UNIT COST C.P.20-PARK-003 ESTIMATED NUMBER TOTAL COST ARDEN MANOR PARK-SHELTER 2104.502 REMOVE WOOD POST EACH $ 55.37 6 $ 332.22 2104.504 REMOVE CONCRETE SLAB SO YD $ 5.53 72 $ 398.16 2104.602 REMOVE SHELTER EACH $ 4,517.70 1 $ 4,517.70 2106.507 COMMON EMBANKMENT(CV) CU YD $ 6.88 107 $ 736.16 2106.507 EXCAVATION-COMMON CU YD $ 12.44 130 $ 1,613.09 2106.507 SELECT GRANULAR EMBANKMENT(CV) CU YD $ 35.20 114 $ 4,012.80 2108.504 GEOTEXTILE FABRIC TYPE 5 SO YD $ 3.52 86 $ 302.72 2401.507 STRUCTURAL CONCRETE(3G52) CU YD $ 1,862.401 16 $ 29,789.40 2401.508 REINFORCEMENT BARS EPDXY COATED LB $ 5.52 3200 $ 17,664.00 2502.503 4"PE PIPE DRAIN LIN FT $ 24.72 25 $ 618.00 2502.503 4"PERF PE PIPE DRAIN LIN FT $ 9.76 109 $ 1,063.84 2502.602 4"PVC PIPE DRAIN CLEANOUT EACH $ 498.68 2 $ 997.36 2540.602 INSTALL GRILL EACH $ 570.00 1 $ 570.00 2540.602 INSTALL HOT COAL BIN EACH $ 255.00 1 $ 255.00 BY OTHER ND INST EACH $ 41.0 BY OTHERS PURCHASE GRILL EACH $ 1,000.00 1 $ 1,000.00 BY OTHERS PURCHASE HOT COAL BIN EACH $ 500.00 1 $ 500.00 TOTAL ARDEN MANOR PARK SHELTER COST $ 105,376.45 ARDEN MANOR PARK Contractor cost $ 62,870.45 City cost $ 1,500.00 Playground vendor cost $ 41,006.00 TOTAL $ 105,376.45 Page 1 of 1 H RG reen OPINION OF PROBABLE PROJECT COST Arden Hills Park Improvements June 12,2023 Prepared by HR Green ITEM ITEM DESCRIPTION UNITS UNIT COST C.P.20-PARK-003 ESTIMATED NUMBER TOTAL COST ARDEN MANOR PARK-PLAY STRUCTURE 2104.601 REMOVE PLAYGROUND EQUIPMENT LUMP SUM $ 5,852.00 1 $ 5,852.00 2104.603 REMOVE LANDSCAPE TIMBER CURB LIN FT $ 3.87 290 $ 1,122.30 2104.604 REMOVE PLAYGROUND SURFACING SQ YD $ 8.89 510 $ 4,533.90 2106.507 COMMON EMBANKMENT(CV) CU YD $ 6.88 107 $ 736.16 2106.507 EXCAVATION-COMMON CU YD $ 12.44 6 $ 74.64 2106.507 SELECT GRANULAR EMBANKMENT(CV) CU YD $ 35.20 46 $ 1,619.20 2108.504 IGEOTEXTILE FABRIC TYPE 5 SO YD $ 3.52 510 $ 1,795.20 2211.507 AGGREGATE BASE(CV)CLASS 5 CU YD $ 44.05 3 $ 132.15 2502.503 4"PE PIPE DRAIN LIN FT $ 24.72 51 $ 1,260.72 2502.503 4"PERF PE PIPE DRAIN LIN FT $ 9.76 375 $ 3,660.00 2502.602 4"PVC PIPE DRAIN CLEANOUT EACH $ 498.68 8 $ 3,989.44 2531.503 CONCRETE CURB DESIGN V4 LIN FT $ 35.71 283 $ 10,105.93 2540.602 INSTALL BENCH EACH $ 405.00 1 $ 405.00 2540.602 INSTALL GAGA BALL PIT EACH $ 815.00 1 $ 815.00 2572.503 TEMPORARY FENCE LIN FT $ 3.01 314 $ 945.14 2573.503 SILT FENCE,TYPE MS LIN FT $ 3.85 180 $ 693.00 2574.508 FERTILIZER TYPE 3 POUND $ 0.60 14 $ 8.40 2575.508 HYDRAULIC MULCH MATRIX POUND $ 5.11 147 $ 751.17 2575.508 SEED MIXTURE 25-131 POUND $ 139.19 15 $ 2,087.85 2575.607 WOOD FIBER MULCH CU YD $ 79.52 183 $ 14,552.16 -612TSMIS FURNISH LL PLAYGROUND EQUIPMENT SUM $ 1MMO 1 .11 BY OTHERS PURCHASE BENCH EACH $ 1,500.00 1 $ 1,500.00 BY OTHERS PURCHASE GAGA BALL PIT EACH $ 2,000.00 1 $ 2,000.00 TOTAL ARDEN MANOR PARK PLAY STRUCTURE COST $ 174,108.47 ARDEN MANOR PARK Contractor cost $ 55,139.36 City cost $ 3,500.00 Playground vendor cost $ 115,469.11 TOTAL $ 174,108.47 Page 1 of 1 H RG reen PRESENTATION ITEM— 5B ,-AI�EN HILLS MEMORANDUM DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director/ City Engineer Mike Waltman, P.E. Principal Engineer—Bolton &Menk SUBJECT: 2024 PMP Street and Utility Improvements Project Budgeted Amount: Actual Amount: Funding Source: $2,775,000 (proposed 2024 Crn) TBD PIR, Surface Water, Sanitary, Water, Special Assessments Council Should Consider • Project update presentation provided by Bolton & Menk. Background/Discussion The City Council Work Session on February 21, 2023, included discussion of the anticipated scope of work within the project area (Attachment A). At the March 13, 2023 regular Council Meeting, Resolution 2023-011 ordered the preparation of a feasibility report for the 2024 PMP and approved a Professional Services Agreement with Bolton & Menk. The 2024 PMP area consists of Keithson Dr. from Highway 96 W to the south 800-feet, Royal Hills Dr. from Snelling Avenue N to Arden View Dr., Arden Vista Ct., McClung Dr., Colleen Ave., Colleen Cir., Briarknoll Cir., Briarknoll Dr., Norma Ave. from Dawn Cir. to Colleen Ave., James Ave. and Royal Ln., which includes approximately 168 single-family homes. The purpose of this agenda item is to provide a general update of the preliminary scope, resident feedback, budget and schedule for the project and seek any direction the Council may wish to provide as staff prepares the feasibility report and recommended special assessment roll. Preliminary Project Budget From the proposed 2024-2028 CIP, the initial budget and cost estimate is summarized in the following table and will be revised as part of the feasibility report. This estimate includes the anticipated costs for engineering design, surveying, and construction administration as a 27% contingency, which is consistent with the 2021 PMP and 2022 PMP. Page 1 of 3 Category CIP Budget Initial Estimate Streets/Trails $2,000,000 $1,840,000 Storm Drainage $400,000 $830,000 Sanitary Sewer $175,000 $170,000 Water Utility $200,000 $190,000 TOTAL $2,775,000 $3,030,000 * Initial estimate subject to revisions during the feasibility study The improvements for this project are anticipated to include funding derived from special assessments. The special assessment process must follow the City's current special assessment policy and maintain compliance with the requirements of Minnesota Statutes 429. A preliminary assessment roll will be prepared as part of the feasibility report. The policy states that the City will assess fifty percent of the costs associated with bituminous overlay for a typical residential street section on a unit basis. The feasibility report will include a review of special assessment rates applied to past projects in the City of Arden Hills. The anticipated special assessments are estimated to be within the range of$4,500 to $6,500 and will differentiate between properties adjacent to mill and overlay vs. full-depth reclamation. For reference, the 2022 PMP for full-depth reclamation was $4,958 for properties along Old Snelling and $5,834 for properties in the Arden Oaks neighborhood. Anticipated Project Schedule The following the anticipated project delivery schedule for the 2024 PMP project. Work Session Discussion- Update June 20, 2023 Work Session—Review draft Feasibility Report July 17, 2023 Accept Feasibility Report, Call for Hearing July 24, 2023 Informational Public Open-House #1 at City Hall August 8, 2023 Improvement Hearing, Order Plans & Specs August 14, 2023 Work Session Discussion October 16, 2023 Informational Public Open-House#2 at City Hall November 2, 2023 Work Session Discussion(if-needed) December 18, 2023 Approve Plans, Advertisement for Bids January 8, 2024 Call for Assessment Hearing February 12, 2024 Assessment Hearing February 26, 2024 Accept Bids and Award Construction Contract February 26, 2024 Start Construction April 22, 2024 Construction Final Completion November 15, 2024 Page 2 of 3 Financial Impact The CIP identifies project funding sources consisting of the PIR fund, other (assessments), sanitary sewer utility, water utility, and surface water utility. As previously stated, the total project cost estimate and proposed project funding sources will be further refined during preparation of the feasibility report. Attachments Attachment A—2024 PMP project corridor map Attachment B—Presentation Slides Page 3 of 3 Attachment A Project Area 3 3 a 2 O � Z o —J L:�: KEITHSON DR yLL P Y Q n -i NURSER .% J W Z Q ARDEN VIEW DR NU = I RDEN J Roy r n Royal Hills Park ° MCCLUN EN o �G = BR RKNOLL C R '0ZL EEN AVE COLLEEN AVE 0 W _ Q n Q 1 IAN OAKS CT m O �� V y � n Commun << <M L Gardens INDIAN OAKS TRL N S C/ R W CIR E Floral R Park EIDE CI FLORAL DR W Q V ZJ N -fi`�N HILLS 2024 P M P o 1,000 Feet Attachment B zee oz JW 76 Cu OECu Mcd ,u CL -7m Cu cc ■ 06 od Ld CL U) L= E Cn E 0 C ) > C%4 0 CNC) -0 LM o - 0)C) -1-0 C%4 CN CL 0 OD C4 W W ZY OZ I-W O W mats0 O CD S t� t� 'O L a O 06 CL c L 0 rrI (n _ E w a > -blimpO Q CL L � N M 14 i a� Y L 0 00 � V Q� Q 0 � COam W W ZY QZ I-W O W mats0 O _ E � L E c� O O � N G� Cc to a O � i w ZY oz0 JW OE II m o� N 0 ✓ � II a An CQCD " U) 0 Q UL od � aCD od E 0 E _m - .� H—d Z w z W AW < O > } 0a ir w g CC: z -15 O = C U m a 1— > dr LU Q O n w p o Z z z Z O z Q r7 w r W b°n w w w w w W O O O O O aCL 0� C_ o d Q u a- CL CL a. � O MM a a a a a Q W� i �M o Z C - � ;;�'' • �"'` :IIIM'�'`!;"�A • �"tea. �' d 6 �"` f'( � � ,a. • _.per` �_. i. 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V Oct I N N '� = . . .T I Q _5 Q QO LL Q U PRESENTATION ITEM— 5C 'It ,-iRZEN HILLS MEMORANDUM DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Assisted Hearing Technology Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council should consider providing direction on whether or not to move forward with additional action on Assisted Hearing Technology for the Council Chambers. Background At the March worksession, Council decided not to move forward with assisted hearing technology improvements in the Council Chambers. Budget Impact Budget impacts will depend on how Council wants to move forward. Attachment Attachment A: Memo on Assisted Hearing Technology Page 1 of 1 Attachment A 'It ,-iRZEN HILLS MEMORANDUM DATE: March 20, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Assisted Hearing Technology Budgeted Amount: Actual Amount: Funding Source: N/A $8,586.42 Cable Fund For Council Consideration Council should consider providing direction on whether or not to move forward with assisted hearing technology modifications to the City Council Chambers. Background Staff was previously directed by the City Council to move forward with securing a proposal to add a T-Coil System to the City Council Chambers to assist people with T-Coil enabled hearing aids. The cost for the implementation was estimated around$25,000. Since that worksession, Staff had worked with NineNorth on having Electronic Design review the Chambers and put together an actual contract for work. During their review, they noted a"hum"in the Council Chambers that they cannot mitigate. This hum would likely interfere with a T-Coil system and is no longer their recommendation. As a secondary option, they have proposed a Wi-Fi system. This system would work in tandem with someone's smart phone, but a user could also use a T-Coil Neck Loop that would be compatible with the system (example below). A normal user would need to download the specific app for the system used in the Council Chambers, the signal would be transmitted from the Wi-Fi system to the phone and from the phone to the hearing aids. Or if a person had T-Coil hearing aids, they could wear the neck loop and pick up the audio. Page 1 of 2 A third option would be to use existing equipment, and anyone could request a hip-pack to be used during Council meetings. Although we do have a sign noting hearing equipment is available in the Chambers, we could make a larger, more obvious sign alerting people that equipment is available upon request. It should be noted that this equipment is only facilitating audio that is directly going into microphones on the dais or elsewhere in the chambers, normal conversations held in the chambers would not be picked up by this system (or any other system). Budget Impact The revised proposal for the Wi-Fi system is $8,586.42, this amount would be paid by the Cable Fund, and is not currently budgeted. Future changes are going to be needed in the fund regardless if this project moves forward or not to keep the fund solvent. Attachment Attachment A: Electronic Design Proposal Page 2 of 2 Arden Hills Council Chamber Assisted Listening System City of Arden Hills 1245 Hwy 96 W Arden Hills, MN 55112 Project#: 6-Z-9004 Revision: 0 Modified: 2/16/2023 Pracantae Electronic Design Company E Hennepin Ave.Min ELECTRONIC Minneapolis, MN 55413 US 6 tp://w w.e DESIGN . ()o http://www.edcsolutions.com/ www.EDCSOLUTIONS.com - . SCOPE OF • ' Electronic Design Company (EDC) is pleased to provide the following quote. The sections below outline our proposed design assumptions, scope of work, responsibilities of both EDC and the facility, project costs and our general terms and conditions. Thank you for considering Electronic Design Company for your project. We look forward to working with you on this project and in the future. Scope of Work: • EDC to provide, configure and install a Wi-Fi-based assistive listening system for the council chambers. • A streaming server and network switch will be installed in the equipment rack in the AV control room adjacent to the chambers. • A Wi-Fi access point will be mounted on the wall in the chambers, on the wall that is shared with the AV control room. This can be mounted high up, above the dropped ceiling level so that it is out of sight (for the most part). A single CAT6 cable will be routed from this device back to the network switch in the equipment rack. • The streaming server will be connected to the network switch and have one input from the client's existing Symetrix DSP. This output will be configured and controlled by the client, as they have full access and programming capability to the DSP. • The access point will be configured for the task and a name for the Wi-Fi network that is created will be dictated by the client (e.g., "Arden Hills Council Audio"). • Four Wi-Fi receivers will be provided and connected to the streaming audio service. These receivers will each have a traditional set of headphones and a neck-loop for using it with T -coil hearing aids. • Training will be held with the client's representatives to instruct them on operation, basic troubleshooting, and maintenance of the system. * Price Includes Accessories Arden Hills Council Chamber Assisted Listening System Page of . Project No: 6-Z-•004 Design Exceptions/ Notes: • Previous information indicated a hum coming from an electrical source. EDC investigated the hum but could not track it to the source. Best advice is to install a Wi-Fi system that would not be affected by this electrical interference. Cost of tracking down the source of the hum is hard to estimate and could become costly. • All network devices are programmed and fully tested at EDC on a dedicated and self- contained network using managed network parameters as provided by the Owner prior to installation. Additionally, EDC will provide all relevant network settings to the Owner's IT department if the newly provided audiovisual system is to reside on or is converged with the Owner's network. EDC is not responsible for troubleshooting the Owner's network or for delays due to integration issues beyond the project's contracted time allotment. If additional time is required, the Owner will be charged at the current hourly rates in the form of a change order. • It should be assumed that any equipment not designed by the manufacturer for mounting to the building structure requires stamped rigging drawings from a certified structural engineer. Unless otherwise stated, Electronic Design Company (EDC) has not included stamped equipment rigging drawings in this proposal and they are the responsibility of the Owner. However, EDC can facilitate in the design of a rigged system or provide drawings at an additional cost, upon request. Electronic Design Company shall: • Provide and install all equipment as designed. • Provide and install all wire, except ground wire. • Provide all final connections at system head-end. • Perform check-out and testing of system being installed. • Provide the owner with manuals and instruction. • Provide five-year warranty on parts and labor. Client or their Subcontractors shall: • Provide and install all ground wire. • Provide analog audio output from the DSP to act as input to the streaming audio server. Client will be responsible for configuring this output within the DSP. • Furnish electricity to head-end equipment as specified. • Electrical service for operation of this system, as well as conduit and high voltage cable, is NOT included in this quotation. Electronic Design Company will not be responsible for lost time or delays due to other parties or failure to gain access to work areas or systems. Unless other hours have been negotiated, all work will be completed during the normal business hours of 7:00 am and 3:30 pm; with the exception of normal holidays. Scheduling is subject to available personnel and product availability. Extra charges will be incurred by the customer if the project needs to be completed sooner than what is stated in the contract. * Price Includes '..- 3 of . Project No: 6-Z-•004 Terms & Conditions: Price is good for 30 days and includes applicable taxes. Price is F.O.B.job site. Terms are detailed on project summary page. The design and/or intent of the above listed system specification is owned by Electronic Design Company and will not be disclosed to any party other than those intended by Electronic Design Company. Disclosure of this design/intent will subject the proprietor to consultant fees equivalent of 10% of the above listed design/build quotation. All materials guaranteed to be as specified. All work to be completed in a competent manner according to standard practices. Any alteration or deviation written or verbal from the above specifications involving extra costs will be executed and will become an extra charge over and above the quotation. All agreements are contingent upon strikes, accidents, or delays beyond our control. Thank you for considering Electronic Design Company (EDC) for this project, we are pleased to be of service to your organization. * Price Includes Accessories Arden Hills Council Chamber Assisted Listening System Page 4 of 6 Project No: 6-Z-•004 (1) EDC : Engineering Engineering (1) EDC : Programming Programming (1) EDC : Project Manager Project Management (1) EDC :Training Training (1) Listen Technologies : LA-167 Replacement Cushions for Stereo Headphones (10) (1) Listen Technologies : LA-304 Assistive Listening Notification Signage Kit (1) Listen Technologies : LW-10OP-02 Listen EVERYWHERE 2 Channel Wi-Fi Audio Server (4) Listen Technologies : LWR-1020 Listen EVERYWHERE Wi-Fi Audio Receiver 1020 (1) Luxul : SW-100-04P 4 Port Unmanaged PoE+ Switch (1) Luxul : XAP-810 High Power AC1200 Dual Band Wireless access points (1) Travel : Travel Time and Expenses * Price Includes Accessories Arden Hills Council Chamber Assisted Listening System Page of . Project No: 6-Z-•004 PROPOSAL SUMMARY Project Grand Total: $8,586.42 Client: Patrick Cook Date Contractor: Electronic Design Company Date Price Includes Accessories Arden Hills Council Chamber Assisted Listening System Page 6 of 6 Project No: 6-Z-9004 Rev.0 2/16/2023 PRESENTATION ITEM— 5D ,-AI�EN HILLS MEMORANDUM DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director/ City Engineer Gayle Bauman, Finance Director SUBJECT: Water Meter Replacement & Lead/Copper Inventory Budgeted Amount: Actual Amount: Funding Source: $1,225,000 TBD Water Utility Fund Council Should Consider • Beginning the process to replace the City's water meters over 2023 & 2024 or revisit this item next year. • Hiring a consultant to evaluate the City's existing metering system to provide a recommendation for replacement and transition. Background The City currently has 2,822 meters in its system. 2,513 are designated as Cycle 1 (mainly residential) and 309 are designated as Cycle 4 (mainly commercial). Commercial meters in the City were replaced in 1997. Most residential meters in the City were replaced in 1999-2000. Residential meters were not replaced at that time if they were in good working order and less than 10 years old. This means that the majority of the meters in the City are at least 23 years old with some possibly being up to 33 years old. The Galaxy readers were replaced throughout the entire City in 2012. In late 2020 or early 2021, the City was notified that the Galaxy radio transmitter endpoints that were installed in 2012 would no longer be manufactured, therefore, there are no parts available for replacement if needed. The next option was to utilize endpoints that use cellular transmission. Public Works has been transitioning to the cellular endpoints as the radio endpoints fail. The radio endpoints are said to have a 20-year life before the batteries begin to fail, but we have also learned that if an endpoint struggles to send information to a "collector", it will continue to try and send a signal which will use up battery life. This might be one of the reasons why Public Works has had to make replacements recently. Page 1 of 3 This table shows the meter parts replaced over the last 5 years: Reading System Appointments Water Meter Body Appointments arts replaced) arts replaced) 2019 11 3 2020 16 2 2021 28 4 2022 74 4 2023 as of 6/13 32 3 Discussion The general consensus based on available data is that a residential meter's average lifespan is 15 to 20 years. As with any mechanical device, water meters are subject to wear. Wear contributes to meter accuracy degradation, meaning that the water meters become less efficient for measuring flow and will generally under register the actual throughput. Age, as well as the total number of gallons that pass through the meter, affect the accuracy and wear on a meter. Lost water has a financial impact on the City because lost water does not generate revenue but still costs the City to pump,purchase, treat, and distribute the water and thus the taxpayers ultimately have to pay for it. Studies on the internet vary widely, but ultimately support the 15 to 20 year lifespan. One study indicated the optimum year for replacement is year 16 when a meter is at 99.2% accuracy. The accuracy of older meters varies based on the quality of water in a system as well as the type of customer using the meter. Prior to 2021,the City's unaccounted for water percentage was gradually increasing each year. The percentage unaccounted for was: 2018— 2.4% (8.0 million gallons) 2019— 3.7% (11.3 million gallons) 2020—4.1% (12.6 million gallons) We were not able to calculate unaccounted for water for 2021. The percentage for 2022 was 3.9% or 14.0 million gallons. The 14.0 million gallons in 2022 equates to lost revenue between$49,840 and $113,400 depending on which tier of the rate structure is used. Based on recent invoices, the estimated cost for residential and commercial meter parts (not including installation) are: Residential: Meter body- $70 Register- $96 Endpoint- $161 Total- $327 Page 2 of 3 Commercial (includes meter body,register and endpoint 1" disc- $481 1.5" disc- $760 2" compound- $2,875 3" compound- $3,537 2"turbo- $1,291 (irrigation use) Lead and Copper service line inventory On August 4, 2022, EPA released Guidance for Developing and Maintaining a Service Line Inventory to support water systems with their efforts to develop inventories and to provide states with needed information for oversight and reporting to Environmental Protection Agency (EPA). The guidance provides essential information to help water systems comply with the Lead and Copper Rule Revisions requirement to prepare and maintain an inventory of service line materials by October 16, 2024. If the City Council chooses to move forward with replacement of the water meters this year, City staff recommends adding the service line inventory task to the project since the meter hooks directly to the service and material type can be determined for each property. If the City Council does not choose to move forward with meter replacement, City staff will attempt to gather service line information by using mailing notices to residents to submit their material type or setup an appointment with Public Works to inspect the service. Staff can also review data within our permitting system and GIS data. Budget Impact Meter repairs and upgrades are funded by the Water Utility Fund. Based on the age of the system, the data on unaccounted water and some of the issues we have been encountering, the City is probably in need of new meters city-wide in the next few years. Staff is seeking direction from Council on hiring a consultant to evaluate our current system and provide recommendations on next steps. Attachments N/A Page 3 of 3 PRESENTATION ITEM— 5E ,'iAZEN HILLS MEMORANDUM DATE: June 20, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: THC Moratorium and Cannabis Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council should consider providing direction regarding the City's current THC moratorium, which expires on August 22, 2023. Background At a special worksession on August 8, 2022, the City Council discussed the July 2022 change in state law that allowed for the sale of THC products (see Attachment A). Based on that discussion, Council had directed staff to prepare, with the City Attorney's guidance, a moratorium for consideration at its next regular meeting (see Attachments B and C). Ordinance 2022-006 was adopted by the City Council on August 22, 2022 that provided for an interim ordinance prohibiting the sale, testing, manufacturing, and distribution within the City of products containing THC and businesses were notified. The moratorium is set to expire on August 22, 2023. While recent state law has changed relating to adult use marijuana/cannabis that will impact the city from a registration and zoning standpoint, in the short term the City Council must address the current moratorium as it relates to THC products. As of May 31, 2023, under new State law lower-potency THC hemp products in the form of edibles or beverages could be sold anywhere in the city, including exclusive liquor stores. While the city cannot regulate where the lower-potency products can be sold, all establishments that sell lower-potency edible hemp products containing THC, CBD or both must register with the State of Minnesota by October 1, 2023. The following explains lower-potency edible cannabinoid products (per the Minnesota Department of Health): Page 1 of 3 • Beverages must have a maximum of 5 mg delta-9 THC per serving and the container cannot contain more than 2 servings, with 10 mg total THC. • If it is an edible, the package of edibles cannot contain more than 5 mg delta-8 or delta-9 THC per serving and 50 mg total THC. • Each serving must be scored, wrapped, or another indicator which clearly distinguishes each serving. • The edible products cannot contain synthetic cannabinoids or artificially derived cannabinoids (other than delta-8 or delta-9 THC). • Edibles must be in a child-resistant, tamper-evident, and opaque package or container. The product cannot contain any ingredient not approved by the U.S. Food and Drug Administration (FDA) for use in food. • The product cannot be a commercially available candy or snack food item where CBD or hemp-THC has been applied to or added. • The product must not be packaged in a container that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than an edible cannabinoid product. • The product cannot be contaminated or have more than trace amounts of mold, residual solvents or other catalysts from processing,pesticides, fertilizers, or heavy metals. Batch testing of the product by an accredited lab must be completed to ensure the product is safe for consumption. • Products containing nonintoxicating cannabinoids intended to be smoked or vaped are not allowed in Minnesota. Nonintoxicating cannabinoid means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. • Edible cannabinoid products must not be in a shape that bears the likeness or contain cartoon-like characteristics of real or fictional person, animal, or fruit that appeals to children. • All edible cannabinoid products must be displayed behind a checkout counter where the general public is not permitted or in a locked case, with the exception of beverages. With the current moratorium expiring on August 22, 2023, staff is requesting Council provide direction in order to give staff to prepare for any necessary licensing or other regulations. Options to consider include the following: • Letting the current moratorium expire on August 22, 2023. The new law requires sellers of lower-potency hemp products (edible cannabinoid products) to register with the State of Minnesota by Oct. 1, 2023. This would mean that until the Office of Cannabis Management begins issuing licenses, all businesses, including the city's exclusive liquor store and any business holding an on-sale liquor license, can sell the edible cannabinoid products. The City could implement a license regarding the sale of THC products (currently this would be classified as a "retail"license for $53.00); however, this would only be applicable through December 31, 2023, following that date we can no longer license THC sales as it will be done by the State. • Enacting a new moratorium for both THC edibles and adult use cannabis products. The new law gives cities the ability to adopt a new moratorium that provides for both edible THC cannabinoid products as well as adult use cannabis that could be in effect through January 1, 2025. A public hearing must be held should Council decide to go this direction. Page 2 of 3 A new moratorium would prohibit the sales of any recreational THC products regardless of dosage. A new moratorium would provide for ample time to continue to follow the League of Minnesota Cities' guidance and allow staff to address zoning as it relates to adult use cannabis. This moratorium could be repealed at any time prior to January 1, 2025 should the City Council allow for recreational sales prior to that date. It is expected that future consideration will need to be paid to how the City plans to regulate the sale of recreational cannabis,but additional guidance and legislative changes are likely to happen before recreational cannabis can be sold. This may include a registration system and/or zoning rules regarding where recreational cannabis can be sold. Additional items will be brought forward when appropriate, but Staff will need direction on the upcoming moratorium expiration should Council want to take any action other than letting it expire. Budget Impact N/A Attachments Attachment A: August 8, 2022 special worksession memo Attachment B: August 22, 2022 City Council memo Attachment C: Ordinance 2022-006 (Moratorium) Page 3 of 3 Attachment A AGENDA ITEM— 1B 'It ,-iRZEN HILLS MEMORANDUM DATE: August 8, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: THC Edibles Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council should consider providing direction on whether or not it wants to update the City's ordinance to address the recent law allowing for certain tetrahydrocannabinol (THC) edible products. Background A new law (Minn. Stat. Section 151.72) was enacted effective July 1, 2022 making it legal to sell certain edibles and beverages infused with THC, the cannabis ingredient extracted from hemp for human or animal consumption. This law provides for the sale of non-intoxicating cannabinoids, including edible products, provided they do not contain more than 0.3% of any THC. An edible cannabinoid product also cannot exceed more than five milligrams of any THC in a single serving, or more than a total of 50 milligrams of any THC per package. This new law does not limit where edible cannabinoids products can be sold with the exception of exclusive liquor stores. Minn. Stat. 340A.412, subd.14 limits exclusive liquor stores' ability to sell certain products. Based on this, the Alcohol and Gambling Enforcement Division (AGED) has confirmed with the League of Minnesota Cities (LMC) that products containing CBD, hemp, or THC are not allowed for sale at an exclusive liquor store. This means any business in Arden Hills, with the exception of Cub Discount Liquor, legally can sell THC products right now. While cities cannot prohibit the sale of edible cannabinoids entirely, they can adopt certain regulations and/or create a new license for sale of these products, similar to tobacco and other business licenses. It is important to note that should a city wish to require a license for the sale of THC products, the LMC recommends that this license be completely separate from tobacco as the regulations are quite different and unique to each. The LMC does also provide for various considerations when drafting regulations for licensing such as the areas where the products can be Page 1 of 2 sold, what business should be allowed to sell, the age of the person selling the product, location of product within the retail establishment, pop up sales, online or delivery, hours, background checks, age verification and limiting the number of establishments within a city. There is no guidance provided for licensing fees; however, guidance states the fee "must approximate the direct and indirect costs associated with issuing the license and policing the licensed activities" (per LMC guidance). Should the Council wish to not adopt additional regulations, the sale and production of these products would be governed by the City's existing zoning regulations. It is important to note the new law does provide for enforcement of violations as a misdemeanor. Staff has been keeping an eye on the information and guidance provided by the LMC as well as staying apprised of what other metro cities may be doing, and right now it is a mix. At this time, staff is requesting guidance from the City Council regarding this matter. City Council may choose to do nothing at this time and instead wait and watch for further developments and guidance form the LMC and other cities (some cities are continuing to watch the situation evolve, some have chosen to pursue restrictions and some have chosen to impose a moratorium in order to have more time to collect information (and the city must follow a certain procedure set forth in Minn. Stat. Section 462.352, Subd. 4 for moratoriums)), or the Council may wish to move forward with some type of regulation. Another important factor of this topic relates to the City's policies. It is important to note that this new law will require updates to the City's policy language pertaining to drug testing and drug-free workplace. Because Federal law preempts state law related to CBD use, the LMC recommends that cities continue to follow their current drug testing procedures related to CDL holders and enforce prohibitions against any use of cannabis for CDL holders. For non-CDL drivers (such as seasonal Public Works staff), the new law provides no allowance for an employee to use or be impaired by cannabis while on duty. The LMC continues to research this aspect of the law and staff will bring forward language modification in the future. More comprehensive guidance information from the LMC, including FAQs, can be found at https://www.Ime.org/resources/cities-and-regulation-of-edible-cannabinoid-products/ Budget Impact N/A Attachment N/A Page 2 of 2 Attachment B CONSENT ITEM—6C ,-iIZEN HILLS MEMORANDUM DATE: August 22, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Interim Ordinance 2022-006 Establishing a Moratorium related to THC Products Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table, or deny the following: • Adoption of Ordinance 2022-006— Interim Ordinance Prohibiting the Sale, Testing, Manufacturing and Distribution within the City of Products Containing tetrahydrocannabinol (THC) and Authorization to Publish Summary Ordinance The Ordinance amendment requires a simple majority for action. The Summary Ordinance requires a 415 vote. Backiyound/Discussion On July 1, 2022, the Minnesota Legislature adopted an amendment that permits the sale of edible cannabinoid products that contain no more than 0.3% of THC (a derivative of hemp). The amendment was enacted with very few regulations in place, such as prohibiting sales to anyone under 21 years of age, individual dosage limitations (products can contain no more then 5 milligrams per serving and no more than 50 milligrams per package), and certain requirements for packaging and warnings. Individual cities are tasked with the responsibility of determining what, if any, additional licensing and/or regulations to pursue in their municipality. The City Council discussed this topic at a special work session on August 8 (Attachment A). Council directed staff to draft an interim ordinance that would establish a one-year moratorium which will allow the Council and staff adequate time to further study this matter. Staff has worked with the City Attorney regarding ordinance language (Attachment B) as well as a summary ordinance (Attachment Q. It is important to note this moratorium does not apply to products containing THC related to the Medical Cannabis Program as administered by the Minnesota Department of Health, provided the activity is conducted in accordance with state law regarding medical cannabis. Page 1 of 2 Budget Impact N/A Attachments A. August 8, 2022 Special City Council Work Session Memo B. Ordinance 2022-006 C. Summary Ordinance 2022-006 Page 2 of 2 Attachment C EN HILLS ORDINANCE NO. 2022-006 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION WITHIN THE CITY OF PRODUCTS CONTAINING THC THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Purpose of Moratorium. This Interim Ordinance establishes a moratorium on the sale, testing, manufacturing and distribution of products containing tetrahydrocannabinols (THC) in order to allow the City time to study the issue and determine what, if any, additional licensing and/or regulations for THC products to pursue. SECTION 2. Restriction and Exception. No individual, establishment, organization, or business may sell, test, manufacture, or distribute products containing THC for twelve (12) months from the effective date of this ordinance. This moratorium does not apply to the selling, testing, manufacturing, or distributing of Products Containing THC related to the Medical Cannabis Program as administered by the Minnesota Department of Health, provided that such activity is done in accordance with the regulations and laws of Minnesota regarding Medical Cannabis. SECTION 3. Term. Unless rescinded by action of the City Council, the moratorium prohibiting the sale, testing, manufacturing and distribution of products containing THC as established by this Ordinance shall remain in full force and effect until August 22, 2023. The moratorium maybe extended as provided in Minn. Stat. §462.355, subd. 4(d). SECTION 4. Enforcement. Any person, corporation, or other entity found to be in violation of this Ordinance shall be guilty of a misdemeanor. SECTION 5. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this 22nd day of August, 2022, by the City Council of the City of Arden Hills, Minnesota. CITY OF RDEN HI S By avid Grant, Mayor ATTEST: Juli I anson, City Clerk To view the final document, access adopted Ordinances via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage