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08-28-23-R
Mayor: David Grant lt Councilmembers: -AEN HILLS Brenda Holden Emily Rousseau Regular City Council Tena Monson Tom Fabel Agenda August 28, 2023 7:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651-792-7800 Website: www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long-standing tradition as a desirable City in which to live, work, and play. This meeting can be accessed remotely by joining via Zoom (see Public Inquiries/Informational below for instructions) This meeting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. APPROVAL OF AGENDA 2. TCAAP/Rice Creek Commons Update Dave Perrault 3. PUBLIC INQUIRIES/INFORMATIONAL Members of the public are invited to remotely monitor the City Council meeting via Zoom using the below link. Members are also welcome to provide public comments during this section of the agenda via Zoom. Members wishing to provide public comment must use the "raise hand" feature in Zoom to identify themselves as wanting to make a public comment and will be called upon to provide their public comment during this portion of the agenda. Those that speak must state their name and address for the record. HTTPS://US02W EB.ZOOM. US/J/88143843549 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. 4. RESPONSE TO PUBLIC INQUIRIES 5. PUBLIC PRESENTATIONS 5.A. Commissioner Frethem Updates Commissioner Nicole Frethem, District 1 Documents: MEMO PDF 6. STAFF CO NTS 6.A. Transportation Update David Swearingen, Public Works Director/City Engineer Documents: MEMO PDF 7. APPROVAL OF MINUTES 8. CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 8.A. Motion To Approve Claims And Payroll Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst Documents: MEMO PDF 8.13. Parks, Trails, And Recreation Committee Appointments o Motion to Approve Resolution 2023-043 Appointing Maeve Edgar as the Youth Committee Member to the Parks, Trails and Recreation Committee (PTRC) o Motion to Approve Resolution 2023-044 Appointing Abigail Weber to the Parks, Trails and Recreation Committee (PTRC) Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.C. Motion To Approve Agreement For Legal Services - Prosecution - Kelly And Lemmons Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 8.D. Motion To Approve Professional Services Agreement Amendment No. 1 With Bolton & Menk, Inc. - 2024 PMP Street And Utility Improvements Project David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 8.E. Motion To Approve Watermain Gate Valve Replacement Quote On Red Fox Rd - Valley -Rich Co., Inc. David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 8.F. Motion To Approve Professional Services Agreement With TKDA - South Tower Improvements Project And Increase 2024 CIP David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 8.G. Motion To Approve Payment No. 2 - Margolis - Tree Planting Lucas Miller, Assistant Public Works Director Documents: MEMO.PDF ATTACHMENT A.PDF 8.H. Motion To Approve Proposal For Construction Materials Testing Services With Braun Intertec - Arden Manor Park And Floral Park Improvements David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 9. PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. 10. PUBLIC HEARINGS 10.A. Planning Case 2023-013 - Zoning Code Amendment - Chapter 13, Section 1325.05 Design Standards, Subd. 4.D - Fencing Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF 10.13. Planning Case 2023-014 - Zoning Code Amendment - Chapter 13, Sale Of Lower - Potency Hemp Edibles Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF 10.C. Interim Ordinance - Adult Use Cannabis Business Moratorium Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF 11. NEW BUSINESS 11.A. Planning Case 2023-013 - Zoning Code Amendment - Chapter 13, Section 1325.05 Design Standards, Subd. 4.D - Fencing o Ordinance 2023-008 - Amendments to Chapter 13, Section 1325.05, Subd. 4.D o Authorization for Publication of Summary Ordinance 2023-008 Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 11.13. Planning Case 2023-014 - Zoning Code Amendment To Chapter 13, Sale Of Lower Potency Hemp Edibles o Ordinance 2023-009- Amendments to Chapter 13, Sections 1305.04, 1320.05 and 1325.02 o Authorization for Publication of Summary Ordinance 2023-009 Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 11.C. Adult Use Cannabis Business Moratorium o Ordinance 2023-010 - Interim Ordinance Prohibiting the Operation of Cannabis Businesses o Authorization for Publication of Summary Ordinance 2023-010 Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 12. UNFINISHED BUSINESS 13. COUNCIL/STAFF COMMENTS ADJOURN PUBLIC PRESENTATION — 5A , I�EN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Update — Commissioner Nicole Frethem, District 1 Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider The City Council will be receiving an update from Ramsey County District 1 Commissioner Nicole Frethem. Dicrnccinn N/A Budget Impact N/A Attachment N/A Page 1 of 1 Ramsey County Updates: Commissioner Nicole Frethem 2 Agenda •Intro and Welcome •County Initiative Updates –Appropriate Responses Initiative –City/County Business Retention and Expansion Pilot –Housing Redevelopment Authority (HRA) Levy –Food Scraps Pickup Program –Non-Public Safety Traffic Stops •Questions and Staff Contacts Agenda Ramsey County and Local Governments Ramsey County is a co-equal delegated government with our cities, township, school districts and other local governance boards Duties and Powers as delegated by the State Government All other Powers Limited Powers •US Constitution Federal Government State Government Cities/Townships Counties School Districts Other Governance 3 4 Appropriate Responses Initiative Appropriate Responses Initiative Now Social workers embedded in ECC to respond to mental health-related calls Mobile crisis teams responding to 911 calls, crisis hotline calls, response requests from partner agencies Soon Public Health response to substance use calls that are not a medical emergency In progress Community Response: contracted community organization will hire and train responders to respond to certain calls Future County-wide Co- Response Model: planning to begin in late fall of 2023 5 City/County Business Retention and Expansion Pilot County staff partner with city staff and Economic Development Commission Workforce Business Retention and Expansion Survey Tailor Support and Resources •Workforce Recruitment •Diversity, Equity, and Inclusion resources and support •Changing Workplace Environment 2 Low Income Impacts Work “Places”are Changing in Ramsey County In May 2023,18%of all IT positions in Ramsey County were Fully Remote,and 21%were Hybrid. With at least 825 Ramsey County households lacking access to high-speed internet,[3]cost of internet averaging $50/month,[4]and the challenge of low community digital literacy,[5]the growing opportunities in hybrid and remote work may be out of reach for many. Developed by RealTime Talent.. Forecasts and gaps are annual averages over the next five years (through 2026Q3).Job posting data from TalentNeuron Plan representing unique postings advertised in Minnesota between June 1,2022,and May 31,2023.Directional arrows show percent of job posting compared to prior 12-month period [3]https://broadbandnow.com/Minnesota.[4] https://www.allconnect.com/local/mn/ramsey [5]https://www.ramseycounty.us/sites/default/files/Workforce%20Development/20_Techpaks_ImpactOverview_010521.pdf %of Postings May 2022-23 IT Roles All Roles Fully Onsite 59%81% Fully Remote 18%7% Hybrid Remote 21%11% Temp Remote 2%1% 2022 -HRA Levy Spending Highlights •HRA Levy spend focused on affordable housing infrastructure –Increasing supply –Deeper affordability levels •Creation of new flexible and responsive programming –Down Payment Assistance –Critical Corridors •Ensuring parity in HRA Levy spending across Saint Paul and Suburbs 7 $7,744,554 $1,830,947 $1,100,000 $435,000 $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 Affordable Housing Projects Critical Corridors Grants Administation Costs Wealth Generation Programs HRA Levy Update 2022 –Arden Hills HRA Levy Spending Highlights •$12,500 in Critical Corridor Grants for Lexington Ave Revitalization Plan 8 $12,500 $10,000 $9,940 $7,317 $0 $0 $0 $0 $0 $0$0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 2022 Arden Hills Spend Profile –All Funding Sources 9 2017-2022 Arden Hills Spend Profile –All Funding Sources $189,700 0 50000 100000 150000 200000 250000 Suburban Ramsey County-wide Services* Ramsey County-wide Services* Direct Spend Renter-occupied Housing FirstHome Energy Efficiency Owner-occupied Rehab Mortgage Assistance Public Facilities Public Services Critical Corridors ERF Open to Business CEO Next $229,458 $30,066 $72,945 * Examples of Suburban/Ramsey County-wide services include HousingLink, HOMELine, Open to Business, CEO Next etc. 10 11 Thank you! To connect with the District 1 office: Visit RamseyCounty.us/District1 Email District1@co.Ramsey.mn.us STAFF COMMENTS — 6A ,-ARZEN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, Public Works Director/City Engineer SUBJECT: Transportation Update Budgeted Amount: Actual Amount: Funding Source: A verbal update will be provided at the City Council meeting. Page 1 of 1 CONSENT ITEM 8A ARZEEN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Pang Silseth, Accounting Analyst SUBJECT: Claims and Payroll Listing Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: • Claims and Payroll Listing All items need a simple majority for action unless otherwise noted. Background Payroll is processed biweekly and accounts payable is processed weekly. Budget Impact N/A Attachments 2023 Payroll #17 Paid Claims - 08/05/2023-08/18/2023 (Check Nos. 52012-52053 and ACH Checks) Total Payroll $120,112.74 $120,112.74 $389,971.83 Total Accounts Payable $389,971.83 Total Claims $510,084.57 CITY OF ARDEN HILLS PAYROLL # 17 CHECKS DATED: Biweekly: 08/18/23 07/29/23 - 08/11/23 EMPLOYEE DEDUCTIONS AMT. I CITY BENEFIT Payment Method FIT 9,699.79 EFT EFT EFT EFT A/P Check* A/P Check* A/P Check* A/P Check* FICA Oasdi 6,346.26 6,346.26 FICA Medicare 1,484.21 1,484.21 SIT 4,341.42 TOTAL TAXES 1 21,871.681 7,830.47 Health Premium 1,844.38 0.00 Dental Premium 95.88 0.00 FSA Health Care Reimb. 0.00 FSA Dependent Care Reimb. 0.00 TOTAL FLEXIBLE SPENDING 1 1.940.261 0.00 HSA Health Saving 1 1,007.691 0.00 TOTAL HEALTH SAVINGS 1 1,007.691 0.00 ral Pension Fund -Union State Retirement Systen CAL RETIREMENT ife/Addl/Dep Life ife/Addl non -tax TD/STD Insurance ERA Life Insurance JOE 49 Dues (Union) NUM 'OTAL VOLUNTARY EFT EFT EFT A/P Check* EFT EFT A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* 5,552.01 6,406.17 2,903.11 447.42 1,536.00 500.00 D,491.121 6,853.59 22.76 40.44 0.00 9.40 32.00 140.00 19.51 0.00 264.111 0.00 Total Employee Deductions 35,574.86 Net Payroll 0.00 Direct Deposit 69,853.82 Gross Payroll Tie -Out 105,428.68 Plus City Paid Benefit 14,684.06 TOTAL PAYROLL COST 120,112.74 FICA TIE -OUT Gross Payroll 105,428.68 Less Total FSA 1,940.26 Less Total H.SA 1,007.69 Less Voluntary Ins 32.16 Less Non Taxable Tech Reimb 90.00 Net P/R Subject to FICA 102,358.57 FICA Oasdi @ 6.20% 6,346.26 FICA Medicare @ 1.45% 1,484.21 EFT Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax Deposit Service. Transfers are typically made up to two days after the payroll date. * A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report. Checks may be paid this week or the following week. Accounts Payable Checks by Date - Detail by Check Date User: pang.silseth Printed: 8/24/2023 9:16 AM ---ARDEN HIILLS Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount ACH 0189 GOPHER STATE ONE CALL 08/11/2023 3070190 July Locates 103.50 3070190 July Locates 103.50 3070190 July Locates 103.50 Total for this ACH Check for Vendor 0189: 310.50 ACH 0230 MTI DISTRIBUTING INC 08/11/2023 1392618-00 Spring & Pulley -Idler #85457 86.34 Total for this ACH Check for Vendor 0230: 86.34 ACH 0243 METROPOLITAN COUNCIL -WASTE WE 08/11/2023 0001160585 Waste Water -September 70,447.39 Total for this ACH Check for Vendor 0243: 70,447.39 ACH 0285 XCEL ENERGY 08/11/2023 838351742 6/18/23-7/18/23 298.56 838351742 6/18/23-7/18/23 2,439.61 838351742 6/18/23-7/18/23 239.35 838351742 6/18/23-7/18/23 61.85 838351742 6/18/23-7/18/23 2,111.09 838351742 6/18/23-7/18/23 1,762.24 838351742 6/18/23-7/18/23 1,591.72 Total for this ACH Check for Vendor 0285: 8,504.42 ACH 0292 OXYGEN SERVICE COMPANY INC 08/11/2023 0003560949 July Rental 34.01 Total for this ACH Check for Vendor 0292: 34.01 ACH 0320 HEALTH PARTNERS INC 08/11/2023 009597933656 September Insurance 1,139.66 009597933656 September Insurance 17,295.05 Total for this ACH Check for Vendor 0320: 18,434.71 ACH 0327 STAPLES INC 08/11/2023 3543273122 Supplies 51.98 3543273122 Supplies 21.56 3543347368 Supplies -Return -21.56 3543411686 Supplies 10.79 3543495084 Supplies 112.09 Total for this ACH Check for Vendor 0327: 174.86 ACH 0453 CONTINENTAL RESEARCH CORP 08/11/2023 0046750 Wasp -Away 243.00 0046750 Cleaning Products 581.00 AP Checks by Date - Detail by Check Date (8/24/2023 9:16 AM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 0453: 824.00 ACH 0922 NINENORTH 08/11/2023 2023-134 JulyAudio/Visual 180.00 2023-134 JulyAudio/Visual 1,077.83 Total for this ACH Check for Vendor 0922: 1,257.83 ACH 10363 MINUTE MAKER SECRETARIAL 08/11/2023 M1725 7/24 CC Minutes 196.75 Total for this ACH Check for Vendor 10363: 196.75 ACH 10476 TWIN CITIES COMMERCIAL CLEANEI 08/11/2023 07231003 Janitorial Services -July 2,005.58 Total for this ACH Check for Vendor 10476: 2,005.58 ACH 10497 CINTAS CORP 08/11/2023 5170043343 First Aid 553.64 5170043343 First Aid 83.34 Total for this ACH Check for Vendor 10497: 636.98 ACH 1125 BOLTON & MENK INC 08/11/2023 0316496 2024 PMP 19,788.00 Total for this ACH Check for Vendor 1125: 19,788.00 ACH 1223 ADAM'S PEST CONTROL - MAIN 08/11/2023 3702129 Premier Fall Invaders 539.55 3707844 Pest Control -August 85.83 Total for this ACH Check for Vendor 1223: 625.38 ACH 2490 CORE & MAIN LP 08/11/2023 INV0002369 Manhole Sleeve Lifter 801.91 Total for this ACH Check for Vendor 2490: 801.91 ACH 4889 COMMUNITY FOOTWORKS 08/11/2023 08022023 August Foot Clinic 355.20 Total for this ACH Check for Vendor 4889: 355.20 ACH 5587 CES IMAGING INC 08/11/2023 INV 154075 August Rental 60.00 Total for this ACH Check for Vendor 5587: 60.00 ACH 7025 ON SITE COMPANIES -OSSTC INC 08/11/2023 0001547371 Restrooms 6/10-7/7 -5.09 0001564865 Restrooms 7/8-8/4 -5.09 0001583135 Restrooms 8/5-9/1 682.00 Total for this ACH Check for Vendor 7025: 671.82 ACH 7501 KELLY & LEMMONS PA 08/11/2023 61221 July Prosecution 4,140.83 Total for this ACH Check for Vendor 7501: 4,140.83 AP Checks by Date - Detail by Check Date (8/24/2023 9:16 AM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 7804 MARTIN MARIETTA MATERIALS INC 08/11/2023 39791041 2023 Paving Project 1,456.91 39792451 Rubble Disposal 225.00 39792451 Rubble Disposal 225.00 39907373 Asphalt 111.96 39909029 Rock 1,093.84 Total for this ACH Check for Vendor 7804: 3,112.71 ACH ALPI ALLEGRA PRINT & IMAGING INC 08/11/2023 080223 Fall Rec Guide Postage 924.21 Total for this ACH Check for Vendor ALPI: 924.21 ACH TOII TOKLE INSPECTIONS INC 08/11/2023 080323 July Electrical Inspections 7,483.38 Total for this ACH Check for Vendor TOII: 7,483.38 52012 0131 BEISSWENGERS DO IT BEST 08/11/2023 764752 Box Connectors 10.58 Total for Check Number 52012: 10.58 52013 AR-BRAU BRAUSEN ENTERPRISES 08/11/2023 PC23-012 Escrow refund PC23-012 1310 W Cty Rd E 1,500.00 PC23-012 fee Refund PC23-012 1310 W Cty Rd E land use ap] 300.00 Total for Check Number 52013: 1,800.00 52014 10483 CENTRAL PENSION FUND 08/11/2023 401333.0723 Apprenticeship -July 320.00 Total for Check Number 52014: 320.00 52015 UB*00679 DAVID CLARK 08/11/2023 Refund Check 001080-000, 1748 Venus Avenue 47.78 Total for Check Number 52015: 47.78 52016 1033 COMCAST 08/11/2023 101030.0823 Service 8/3-9/2 108.35 98681.0823 Service 8/5-9/4 111.32 Total for Check Number 52016: 219.67 52017 10536 DOG WASTE DEPOT 08/11/2023 563036 Floral & Arden Manor Dog Waste Stations 509.97 Total for Check Number 52017: 509.97 52018 UB*00680 KATHLEEN or ANTHONY HARSH 08/11/2023 Refund Check 012571-000, 1894 Stowe Avenue 101.13 Total for Check Number 52018: 101.13 52019 3351 HIGHLAND PRODUCTS GROUP LLC 08/11/2023 310031510 City Hall Picnic Tables 2,534.00 Total for Check Number 52019: 2,534.00 52020 0447 I.U.O.E LOCAL 49 BENEFIT FUND-INSl 08/11/2023 BP3.0923 September Insurance 11,360.00 AP Checks by Date - Detail by Check Date (8/24/2023 9:16 AM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference N134.0923 September Insurance 1,602.00 Total for Check Number 52020: 12,962.00 52021 0390 INT'L UNION OPERATING ENGINEERS 08/11/2023 1200.0823 August Dues 280.00 Total for Check Number 52021: 280.00 52022 UB*00677 PHILIP LARSEN 08/11/2023 Refund Check 000432-000, 1310 Nursery Hill I 344.02 Total for Check Number 52022: 344.02 52023 10448 MARCO TECHNOLOGIES LLC 08/11/2023 507568335 Copier 8/25-9/25 200.35 507568335 Copier 8/25-9/25 35.36 Total for Check Number 52023: 235.71 52024 5696 MAYER ARTS INC 08/11/2023 3481 Drama Camp 1,100.00 Total for Check Number 52024: 1,100.00 52025 10523 METRO-INET 08/11/2023 1392 IT Support -August 8,838.00 Total for Check Number 52025: 8,838.00 52026 U13*00676 LYNDAMILINE 08/11/2023 Refund Check 011814-000, 1821 Venus Avenue 24.01 Total for Check Number 52026: 24.01 52027 10286 MINNESOTA OCCUPATIONAL HEALTF 08/11/2023 435116 Drug Screen 68.00 Total for Check Number 52027: 68.00 52028 U13*00675 KAITLIN PETERSON 08/11/2023 Refund Check 009676-000, 3170 New Brighton 69.77 Total for Check Number 52028: 69.77 52029 1074 PRECISION LANDSCAPE & TREE INC 08/11/2023 87192 Tree Removal: 1391 Floral Drive 2,750.00 87231 Tree Removal: 1669 Glenview Court 1,000.00 87233 Tree Removal: 3700 New Brighton Road 1,583.00 Total for Check Number 52029: 5,333.00 52030 3100 PROVIDENT LIFE AND ACCIDENT INS 08/11/2023 E0471136.0723 July Insurance 39.02 Total for Check Number 52030: 39.02 52031 0811 RAMSEY COUNTY 08/11/2023 EMCOM-010997 Fleet Support -July 24.96 EMCOM-011033 CAD Services -July 800.84 EMCOM-011049 911 Dispatch -July 4,927.26 SHRFL-002167 Law Enforcement -August 120,856.63 AP Checks by Date - Detail by Check Date (8/24/2023 9:16 AM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52031: 126,609.69 52032 10545 REHBEINS BLACK DIRT 08/11/2023 13338 2023 Paving Project 994.00 Total for Check Number 52032: 994.00 52033 UB*00674 MARY REIERSON 08/11/2023 Refund Check 002358-000, 1918 Noble Road 28.15 Total for Check Number 52033: 28.15 52034 10354 ST. PAUL PIONEER PRESS 08/11/2023 0723572589 Ch 13 Zoning Code -Low Potency Hemp 61.74 0723572589 Ch 2 Youth Commissioner 55.86 0723572589 Ch 13 Zoning Code -Fencing 50.96 Total for Check Number 52034: 168.56 52035 UB*00678 TRAVIS or JENNA TOTZ 08/11/2023 Refund Check 012701-000, 1748 Lake Valentin 8.97 Total for Check Number 52035: 8.97 52036 1300 UNIFIRST CORPORATION 08/11/2023 1410772384 June Mats 126.77 Total for Check Number 52036: 126.77 52037 1161 VALLEY -RICH CO INC 08/11/2023 32299 Water Main Repair-1496 Arden Oaks Drive 5,746.65 Total for Check Number 52037: 5,746.65 52038 1557 VIA ACTUARIAL SOLUTIONS 08/11/2023 ADH-2023-07 GASB 75 Reporting 150.00 ADH-2023-07 GASB 75 Reporting 150.00 ADH-2023-07 GASB 75 Reporting 150.00 ADH-2023-07 GASB 75 Reporting 150.00 ADH-2023-07 GASB 75 Reporting 150.00 Total for Check Number 52038: 750.00 Total for 8/11/2023: 310,146.26 ACH 0192 GRAINGER INC 08/18/2023 9796669555 Tape 39.75 9799436119 Filters 27.30 9799436127 Filters 148.84 9799436135 Fuel Filters 37.16 9799774949 Hitch Pin 26.30 9799774956 Inflator Guages & Impact Socket Sets 337.57 9800939952 Fuel Filters 293.34 9803238444 Poly Bags 42.00 Total for this ACH Check for Vendor 0192: 952.26 ACH 0234 MACQUEEN EQUIPMENT INC 08/18/2023 P51943 Dirt Shoe #85122 152.30 P51980 Deflector Baffle #85122 105.10 AP Checks by Date - Detail by Check Date (8/24/2023 9:16 AM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference P52000 Parts #85122 58.85 P52043 Deflector Baffle #85122 178.87 Total for this ACH Check for Vendor 0234: 495.12 ACH 0382 MISSIONSQUARE #106944 08/18/2023 PR 23-17 PR Batch 00200.08.2023 ICMA Employee Percc PR Batch 00200.08.2023 ICk 387.76 PR 23-17 PR Batch 00200.08.2023 ICMA Employer Perce PR Batch 00200.08.2023 ICk 447.42 Total for this ACH Check for Vendor 0382: 835.18 ACH 0387 MISSIONSQUARE #302482 08/18/2023 PR 23-17 PR Batch 00200.08.2023 ICMA Employee Dedu PR Batch 00200.08.2023 ICk 2,303.00 PR 23-17 PR Batch 00200.08.2023 ICMA Employee Percc PR Batch 00200.08.2023 ICk 212.35 Total for this ACH Check for Vendor 0387: 2,515.35 ACH 0706 CERTIFIED LABORATORIES 08/18/2023 8345880 Gloves 238.60 Total for this ACH Check for Vendor 0706: 238.60 ACH 10497 CINTAS CORP 08/18/2023 4164780286 August Mats 94.89 Total for this ACH Check for Vendor 10497: 94.89 ACH 5665 METERING & TECHNOLOGY SOLUTI( 08/18/2023 INV3124 Dial and Endpoint-U of Northwestern 523.20 Total for this ACH Check for Vendor 5665: 523.20 ACH ALPI ALLEGRA PRINT & IMAGING INC 08/18/2023 169973 Fall Rec Guide 3,787.22 Total for this ACH Check for Vendor ALPI: 3,787.22 52039 1053 ALLIED BLACKTOP COMPANY INC 08/18/2023 10370 2023 PW Paving Project 11,195.46 Total for Check Number 52039: 11,195.46 52040 10244 COMCAST BUSINESS INC 08/18/2023 179339869 August Service 504.19 Total for Check Number 52040: 504.19 52041 0841 EHLERS & ASSOCIATES INC. 08/18/2023 94846 TIF Reporting-2022 (5/3-7/31) 1,038.00 94846 TIF Reporting-2022 (5/3-7/31) 1,037.75 94846 TIF Reporting-2022 (5/3-7/31) 1,038.00 95035 Abritrage Reporting-07/18/23-Revenue Bonds 21 430.00 95035 Abritrage Reporting-07/18/23-Revenue Bonds 21 70.00 Total for Check Number 52041: 3,613.75 52042 IDAI IDEAL ADVERTISING INC 08/18/2023 54945 Summer Rec T-shirts 1,365.00 Total for Check Number 52042: 1,365.00 52043 AR -JAB JAB REAL ESTATE LLC 08/18/2023 PC 21-014 Escrow Refund PC 21-014; 1150 County Rd E 31,209.75 AP Checks by Date - Detail by Check Date (8/24/2023 9:16 AM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52043: 31,209.75 52044 1058 MIDC ENTERPRISES INC 08/18/2023 10050648 Irrigation Supplies -Perry Park 493.37 Total for Check Number 52044: 493.37 52045 5610 MINNESOTA RURAL WATER ASSOCIA 08/18/2023 081023 2023 MRWA Conference-Gebauer/Mikacevich/( 450.00 Total for Check Number 52045: 450.00 52046 NSCC NORTH SUBURBAN COMMUNICATIOI 08/18/2023 2023-618 Q3 2023 Contribution 6,262.06 Total for Check Number 52046: 6,262.06 52047 0155 OFFICE OF MN IT SERVICES 08/18/2023 W23070570 July Phones 750.62 Total for Check Number 52047: 750.62 52048 1208 PREMIUM WATERS INC 08/18/2023 610207-07-23 July Water 33.48 613317-07-23 July Water 75.54 Total for Check Number 52048: 109.02 52049 10471 RAINBOW TREECARE 08/18/2023 466773 EAB Tree Treatment 8/7/23 1,048.82 Total for Check Number 52049: 1,048.82 52050 10546 SPECIALTY SOLUTIONS LLC 08/18/2023 152552 2023 PW Paving Project -Mulch & Lawn Starter 509.93 Total for Check Number 52050: 509.93 52051 SRFC SRF CONSULTING GROUP INC 08/18/2023 16750.00-2 Old Hwy 10 Trail Improvements -July 12,509.32 Total for Check Number 52051: 12,509.32 52052 9755 VERIZON CONNECT NWF INC 08/18/2023 OSV000003114774 July Service 339.99 Total for Check Number 52052: 339.99 52053 UB*00681 KATHLEEN WEINBENDER 08/18/2023 Refund Check 007121-000, 4375 Arden View C 22.47 Total for Check Number 52053: 22.47 Total for 8/18/2023: 79,825.57 Report Total (72 checks): 389,971.83 AP Checks by Date - Detail by Check Date (8/24/2023 9:16 AM) Page 7 CONSENT ITEM — 8B ,-iIZEN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Appointment of Parks, Trails and Recreation Committee (PTRC) Members Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motions to approve, table, or deny the following: • Resolution 2023-043 Appointing Maeve Edgar as the Youth Committee Member to the PTRC and Resolution 2023-044 Appointing Abigail Weber to the PTRC as a regular member. Background Per Ordinance, the PTRC is to be comprised of up to 12 regular members, the majority of which must be residents. At its July 10, 2023, meeting, the City Council adopted Ordinance 2023-007, adding one additional member to serve to the PTRC in the capacity as Youth Committee Member. Interviews have been conducted that included PTRC Councilmember liaison Emily Rousseau, PTRC Chair Marie Hinton and Staff liaison Recreation Supervisor Matt Johnson. It is the recommendation that Council consider making the following appointments: Maeve Edgar as Youth Committee Member for a term ending August 31, 2024 Abigail Weber as a regular member for a term ending December 31, 2024 Budget Impact N/A Attachments Attachment A: Resolution 2023-043 Attachment B: Resolution 2023-044 Page 1 of 1 Attachment A It EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-043 RESOLUTION APPOINTING MAEVE EDGAR TO THE CITY OF ARDEN HILLS PARKS, TRAILS AND RECREATION COMMITTEE WHEREAS, the City Council appoints residents to serve in an advisory capacity to the City Council regarding city parks, trails and recreation services. WHEREAS, at its July 10, 2023, meeting, the City Council adopted Ordinance 2023-007, adding one additional member to serve to the Parks, Trails and Recreation Committee in the capacity as Youth Commissioner/Committee Member. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota that Maeve Edgar is appointed to the Parks, Trails and Recreation Committee as the Youth Committee Member with a term expiring on August 31, 2024. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28TH DAY OF AUGUST, 2023. David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. Attachment B It EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-044 RESOLUTION APPOINTING ABIGAIL WEBER TO THE CITY OF ARDEN HILLS PARKS, TRAILS AND RECREATION COMMITTEE WHEREAS, the City Council appoints residents to serve in an advisory capacity to the City Council regarding city parks, trails, and recreational services. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota that Abigail Weber is appointed to the Parks, Trails and Recreation Committee with a term expiring on December 31, 2024. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 281h DAY OF AUGUST, 2023. David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. CONSENT ITEM — 8C lt EN HILLS 11I I 9U [I] :L\ill 11111u l DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Agreement for Legal Services — Prosecution Budgeted Amount: Actual Amount: Funding Source: $39,000 TBD Various Funds Council Should Consider Motions to approve, table, or deny the following: • Agreement for legal services with Kelly and Lemmons to serve as the City's prosecuting attorney. Background The City recently issued a Request for Proposals (RFP) for legal services, this included both civil and prosecution services. The civil request is still ongoing; however, the City received only one proposal for prosecution. The proposal was from its current prosecuting attorney, Kelly and Lemmons. Kelly and Lemmons has been the City's prosecuting attorney in recent years and the City has been satisfied with their services. Staff would recommend approving their new contract effective January 1, 2024. Budget Impact The proposed contract bills the City at $100 per hour, which is a $10 increase over our current contract of $90 per hour. While this is an increase in cost, it is difficult to ascertain actual budget impact as it will depend on amount of prosecution services required. It should also be noted that these costs are partially offset by the payment of fines, violations, DWI forfeitures, etc. related to criminal prosecution. Staff does not anticipate an adverse effect on the 2024 budget due to the new contract. Attachments Attachment A: Agreement for Legal Services - Prosecution Page 1 of 1 Attachment A AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF ARDEN HILLS AND KELLY & LEMMONS, P.A. THIS AGREEMENT, effective , is by and between the CITY OF ARDEN HILLS, a Minnesota municipal corporation ("City") and KELLY & LEMMONS, P.A., a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. Attorney shall furnish and perform the following criminal prosecution and related legal services for the City beginning January 1, 2024: 1. Represent and prosecute all criminal law matters within the City's jurisdiction that are not the responsibility of the County Attorney, including but not limited to attendance at arraignments, pretrials/omnibus hearings, and court/jury trials as scheduled by the Ramsey County District Court, scheduling and coordinating of officer appearances, reviewing all criminal cases presented for purposes of prosecution, determine technical compliance with criminal code and other state statutes, writing complaints, making recommendations to the Court for alternatives to prosecution where appropriate, act as a resource to the City's law enforcement agency in the development of criminal cases, and provide training sessions for law enforcement staff as needed. All attorney and paralegal fees related to prosecution, including court appearances, appeals, DWI forfeitures, the hiring of conflict attorneys, in-service training, and administrative work are included in the retainer. 1 B. Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by resolution of the City Council. B. Attorney may terminate this Agreement at any time, provided that Attorney shall provide the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. Criminal Prosecution: City agrees to pay Attorney an hourly rate in the amount of $100.00 per hour during calendar years 2024 through 2025. Beginning in calendar year 2026 and annually thereafter, the hourly rate shall automatically increase by 2% unless otherwise agreed to in writing by the parties. B. Monthly Invoices: Attorney will send City a monthly billing statement of the actual hours incurred in providing prosecution legal services. The minimum billing increment is .1 hour. Attorneys will bill at the hourly rate of $100.00 per hour. C. Costs/Expenses Not Included in Criminal Prosecution Retainer: Kelly & Lemmons, P.A. may incur various expenses in providing prosecution services on behalf of Arden Hills. The City shall reimburse Kelly & Lemmons, P.A. for all out-of-pocket expenses at the following rates for common reimbursable expenses: Photocopies: $.20 per page. Facsimile: $.50 per page. Postage: current postage rates. Long Distance: As incurred. Mileage: current IRS rates. 2 Other costs incurred in providing services (e.g. service of process, subpoena fees) will be submitted for reimbursement with each month's billing statement without markup. Significant expenses such as court reporter fees, expert witnesses, and costs related to an appeal are not included in the retainer. Attorney will not incur any of these additional costs without first obtaining written approval from City. D. Payments for legal services provided to the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. Attorney will maintain legal malpractice insurance. 5. MISCELLANEOUS. A. Council Presentation. Attorney will attend City Council meetings, at the request of the City, to present a report of prosecution activity. B. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. C. Assignment. Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Arden Hills City Council. City Council consents to allow prosecuting attorneys not with the law firm of Kelly & Lemmons, P.A. to cover in -custody arraignment calendars at the Ramsey County Law Enforcement Center. D. Effective Date. This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Arden Hills City Council. Dated: 12023 CITY OF ARDEN HILLS :• David Grant, Mayor 3 AND Dave Perrault, City Administrator Dated: , 2023. KELLY & LEMMONS, P.A. Kevin M. Beck, Vice President CONSENT ITEM — 8D ,-ARZEN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: 2024 PMP Street and Utility Improvements Project — Professional Services Agreement Amendment No. 1 with Bolton & Menk, Inc. Budgeted Amount: Actual Amount: Funding Source: $3,001,100 $3,001,100 PIR, Surface Water, Sanitary, (Feasibility Estimate) Water, Special Assessments Council Should Consider Motion to approve, table, or deny the following: • Professional Services Agreement Amendment No. 1 with Bolton & Menk, Inc. in the amount of $23,000. Background/Discussion On August 14, 2023, City Council adopted Resolution 2023-040 ordering plans and specifications for the 2024 PMP in accordance with the recommendations provided in the project feasibility report. Bolton & Menk has provided a complete outline of the additional scope that corresponds with the feasibility report which includes trail and retaining wall work, adjacent wetland delineation, and Rice Creek Watershed District grant program administration. City staff has reviewed Attachment A, the Professional Services Agreement Amendment No. 1 and recommends City Council approval. Budget The additional scope of work for engineering services and construction costs was calculated into the feasibility total project cost estimate of $3,001,100. Attachments Attachment A: PSA Amendment No. 1 with Bolton & Menk Page 1 of 1 QBOLTON & MENK Real People. Real Solutions. August 14, 2023 David Swearingen, PE Public Works Director/City Engineer City of Arden Hills 1245 W Highway 96 Arden Hills, MN 55112 Attachment AAvenue llet 7-1649 5533-16�4 Ph: (9521890-0509 Fax: (952) 890-8065 Bolton-Menk.com RE: Engineering for 2024 PMP Street & Utility Improvements Project Amendment 1 - Additional Project Scope Dear David: Through the public outreach process and subsequent development of the feasibility study for the City of Arden Hills' 2024 PMP Street & Utility Improvements Project, potential additions to the scope of the project were identified for City Council consideration. If this additional scope is directed by Council to move forward, additional design and plan production efforts will be necessary. Below is a list of the proposed changes to the project scope since the original contract was approved: Additional trail and retaining wall needs were identified in areas adjacent to the intended project area during the feasibility study process. These needs should be considered for addition to the delivery of this project. The proposed trail improvements would include removal of the existing bituminous pavement and repaving the trails with new bituminous on the existing aggregate base materials. Additionally, the trails would have new concrete pedestrian ramps installed where the trails proposed for rehabilitation intersect roadways in the project area. Beyond the pedestrian ramps, the trails would be replaced, in kind, matching the existing trail alignments, widths, and elevations. Due to the existing site topography, some segments of these existing trails appear to be quite steep and may not be feasible to improve to strict compliance with Americans with Disabilities Act (ADA) requirements beyond the new concrete pedestrian ramps, consistent with the existing trail system along these recreational trails. The modular block retaining wall along the south side of the trail, approximately behind 1479 Colleen Avenue, would also be replaced and improved as part of the potential trail improvements. Existing, adjacent wetlands and potential associated additional permitting needs were identified during the feasibility study associated with the storm sewer outfall improvements. After meeting with the Rice Creek Watershed District (RCWD) and identifying the proposed scope of work at the storm sewer outfalls as it relates to RCWD's rules and regulations, it was determined that Level 2 wetland delineations and associated impacts permitting will be required to construct these improvements. Modifications to the project's final design scope should be considered for addition to the delivery of this project in order to complete the necessary delineations and move forward with the proposed backyard storm sewer improvement work, as proposed in the feasibility report. During the feasibility study process, the RCWD reached out to city staff to inform them that some of the proposed project stormwater quality improvements may be eligible for upcoming grant funding. The grant funding is an annual program put on by the RCWD to help with H:\ARDH\0T1130168\0_2024 PMP Street & Utility Improvements\&_Project Management\2_Contracts\Amendments\Amendment 1\130168_2024 PMP Street & Utility Improvements Amendment 1_20230814.docx Bolton & Menk is an equal opportunity employer. implementation of stormwater management projects in the RCWD. The funding is intended for projects that provide stormwater quality treatment, runoff volume reductions, peak runoff rate control and/or reductions in groundwater usage. Projects proposed in conjunction with municipal street projects, such as this one, are encouraged. Applications for the 2024 Stormwater Management Grant are expected to open around the end of September and be due around mid - December. The grant application to the RCWD and grant administration should be considered for addition to delivery of this project. While the City standard process includes an estimated percentage -based method of estimating overhead and contingencies that was included in the feasibility report's project costs, the actual estimated additional trail design, wetland permitting, and grant application fees for the potential scope additions are $23,000. If the above identified additional project scope is directed by Council to move forward with the final design phase of the project, these additional fees will encompass the necessary additional final design and plan production efforts. The original proposal for the project was in the total amount of $318,756, with the final design tasks being $83,312. The potential project scope additions described above would result in an increase to the overall fees that encompasses the scope of work approved for on these tasks. We are requesting an amendment for $23,000, if the additional project scope is approved. This would bring the total project fee to $341,756 with the final design tasks totaling $106,312. TOTAL PROJECT AMENDMENT FEE = $23,000 We appreciate your trust in us to complete these potential project changes that have been identified over the course of the project process to date. We look forward to the final design phase of this project and generating construction documents to bring the final project concept to life for the City of Arden Hills. Sincerely, BOLTON & MENK, INC. &Ju,/t/ AL�_z Brad Fisher, P.E. Principal Engineer This document shall serve as an amendment to the Agreement for Professional Services between the parties, dated April 10, 2023 (the "Contract"), pursuant to Section 3.A.1 thereof. All other provisions of the Contract shall remain in full force and effect except as herein modified. Accepted: City of Arden Hills cc: Mike Waltman, P.E., Principal Engineer H:\ARDH\0T1130168\0_2024 PMP Street & Utility Improvements\A_Project Management\2_Contracts\Amendments\Amendment 1\130168_2024 PMP Street & Utility Improvements Amendment 1_20230814.docx Balton & Menk is an eouaL 0000rtunity emokover. CONSENT ITEM — 8E 'It ,- RZEN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Watermain gate valve replacement quote — Red Fox Rd Budgeted Amount: Actual Amount: Funding Source: $0 $16,400 Water Utility Fund Council Should Consider Motions to approve, table, or deny the following: • Quote from Valley -Rich Co., Inc. in the amount of $16,400 for watermain gate valve replacement. Background/Discussion During the scheduled watermain shutdown for the Lexington Avenue watermain improvements, Public Works has identified a leaking gate valve located in the intersection of Red Fox Rd and Northwoods Drive. Page 1 of 2 Due to the location of the repair, the work must be done outside of business hours and requires an overnight shut down. This project would be scheduled for a 10:00pm shutdown anticipated for September 14th. The affected property owners will be notified by September lst. PW staff will provide trucking in/out, vac truck, traffic control, portable light tower, and onsite direction. Staff recommends choosing the Alternate # 1 quote for paving so the excavation is restored within 24 hours, due to the location. Staff has reviewed the quote from Valley -Rich Co., Inc. (Attachment A) and recommends proceeding with the work in the amount of $16,400. Budget Impact There is no remaining budget for account 601-49440-44030. The Water Fund will need to absorb this cost in other areas of the budget. Budgeted amounts can be utilized from other accounts such as 42210, 42270, 43030 and 44150. This fund may go over budget this year but there is sufficient fund balance to cover the overage. Attachments Attachment A: Valley -Rich Co., Inc. quote Page 2 of 2 Date: 8.22.23 Bid: #23453 M R2 Attachment A F � _ E cJ� a Project: Red Fox Road and Northwood Drive — Valve Cut In Location: Arden Hills, MN Site Utilities Valley -Rich Co., Inc. will provide all labor, equipment, and materials needed to cut in (1) 8" gate valve at the above location. All trucking, vac, and traffic control is by others. All work is to be done during overtime hours. All restoration is excluded, see alternate. Materials: $4,750 Labor: $8,600 Base Bid: $13,350 Addenda noted: None Alternate(s): Alternate #1 — Add $3,050 to restore asphalt (up to 8" thickness) for valve cut in. Note: This proposal is good for 30 days from the bid date in order to lock in our material prices with our vendors. Maximum depth of trenches and structures is assumed to be 10 feet when information is not provided. Respectfully, Matt Miklya Exclusions: Land/Lane use permits, SAC and/or other connection charges, water meters, dewatering, soil correction and/or replacement, pipe support, removal of buried obstructions, jacking, frost charges, rock excavation, construction staking, restoration (other than listed above), compaction tests, hauling of excess soils, erosion control/inlet protection, hazardous material handling, wall sleeves, utility cut-offs and/or removals, cut and patch floors, culverts, irrigation, trench drains, perimeter drain tile, tree removal and/or replacement, grubbing, sheeting, shoring, bracing, and private utility locates. 147 Jonathan Blvd. N., Ste. 4 Chaska, Minnesota 55318 Office: (952) 448-3002 Fax: (952) 448-3362 CONSENT ITEM — 8F EN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: South Tower Improvements Project — Professional Services Agreement with TKDA Budgeted Amount: Actual Amount: Funding Source: $250,000 $TBD Water Utility Fund (Draft 2024 CIP) Council Should Consider Motions to approve, table, or deny the following: Professional Services Agreement with TKDA for the South Tower Improvements project in the amount not -to -exceed $67,183. Increase 2024 CIP amount to $350,000 to account for desired security options and consulting fees related to the scope of work. Background Within the City's Capital Improvement Plan (CIP) the South Tower is planned for improvements in 2024. The MN Department of Health recommends that storage facilities for public water supply systems are inspected and maintained on a 5-year cycle. Public Works ordered an inspection of the South Tower that was completed Fall of 2022. The report recommendations include spot coating repairs, minor structural repairs, the addition of water stagnation system, and other improvements related to OSHA requirements. Along with the recommended repairs, it is desired to include security improvements to the South Tower with this project. Below are some options that will be considered: a. Security perimeter fencing with signage b. Bollards for booster station generator C. Bollards for West exterior water tower door d. Replace plywood cover of lower level access with lockable cover e. Card reader for site access control f. Intrusion alarms for overhead doors at booster station and water tower g. Locking mechanism for interior ladder Page 1 of 2 Discussion Engineering Consultant, TKDA, has submitted a proposal to perform project planning, design and construction administration. TKDA has managed projects for Arden Hills recently related to the water infrastructure and has provided the City with valuables services. City staff recommends approval of the PSA as Attachment A. Budget Impact The current amount included in the draft 2024-2028 CIP is $250,000. Staff is recommending increasing the budget to $350,000 for this project to account for desired security options and the consulting fees related to the scope of work, with the funding source being the water utility fund. Staff will be pursuing the Urban Area Security Initiative (UASI) grant program to assist in funding the selected security improvements. Attachments Attachment A: PSA TKDA Page 2 of 2 Attachment A 1 TKDA. . August 23, 2023 Mr. David Swearingen, P.E. Public Works Director / City Engineer City of Arden Hills 1245 Paul Kirkwold Dr. Arden Hills, Minnesota 55112 Re: Proposal for Engineering Services South Tower Improvements Project — PW-23-0107 Dear Mr. Swearingen: In response to your request, we propose to provide Engineering Services in connection with the South Tower Improvements Project, City Project #PW-23-0107, in Arden Hills, MN hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in the attached "General Provisions of Engineer -Architect Agreement" dated July 2009. Hereinafter, Arden Hills is referred to as the CITY. I. PROJECT DESCRIPTION In the fall of 2022, the CITY contracted with Badger State Inspection, LLC (BSI) for inspection of the South Tower. As part of that inspection, BSI recommended several improvements to the tower to extend the life of the existing coating system. TKDA proposes to incorporate the recommended improvements into bidding documents. The CITY is also considering security improvements to the South Tower site. These improvements include perimeter fencing, security cameras, and improvements to better secure access points to the site and infrastructure. TKDA will provide engineering design for the improvements and include the security improvements in the bidding documents for the South Tower improvements. II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA's understanding of the Project, we propose to provide the following services: A. Project Management and Communications 1. Provide general Project Management of TKDA's services for the Project including communications, maintain the Project work schedule, managing budgets, and invoicing. 2. Internal TKDA design meetings. 3. Attendance at two (2) City Council work sessions. 4. Regular status updates on project progress to the CITY. B. QA/QC 1. Conduct internal QA/QC peer reviews during the course of the design. C. Plans and Specifications 1. Onsite kick-off meeting and site review. 2. Complete a topographic survey of the South Tower site. 3. Develop 50% plans and cost estimate for improvements to the South Tower to include: a. Structural repairs to bring the tank into compliance with AWWA standards. b. Spot repairs to the interior wet costing. c. Repairs to the interior dry coating. d. Security improvements: i. Security perimeter fencing with signage. ii. Bollards for booster station generator. iii. Bollards for West exterior water tower door. iv. Replace plywood cover of lower -level access with lockable cover. V. Card reader for site access control. TKDA® 1 444 Cedar Street Suite 1500 1 Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Mr. David Swearingen I Arden Hills South Tower Improvements Project PW-23-0107 August 23, 2023 Page 2 vi. Intrusion alarms for overhead doors at booster station and water tower. vii. Locking mechanism for interior ladder. 4. Incorporate comments from the CITY and prepare 90% plans and specifications. 5. Incorporate comments from the CITY and prepare Issued for Bid Plans and Specifications. 6. This proposal assumes preparation of three (3) Civil plan sheets, two (2) structural plan sheets, and two (2) electrical plan sheets. D. Bidding Assistance 1. Upload bidding documents to QuestCDN. 2. Respond to bidder questions, and issue addendums as needed. 3. Attend bid opening tabulation of bids and prepare an award recommendation letter. 4. Assist with grant applications and manage to fulfillment. E. Construction Administration 1. Lead pre -construction meeting and prepare minutes. 2. Shop drawing review. 3. Prepare monthly payment applications. 4. Respond to requests for information (RFIs). 5. Complete three (3) site visits to review construction progress. 6. Preparation of final punch list. 7. Preparation of final payment with close out documentation. III. ADDITIONAL SERVICES If authorized in writing by the CITY, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Time and Materials basis and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Right-of-way or easement acquisition. B. Wetland delineation. C. Construction inspection. D. Construction staking. IV. CITY'S RESPONSIBILITIES These responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clarified hereinbelow: A. Designate one individual to act as a representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. This individual shall be identified in the signature block area of this Proposal. B. Provide TKDA with access to the site as required to perform services listed in SECTION II. C. Provide reviews of materials furnished by TKDA in a reasonable and prompt manner so the Project schedule can be maintained. D. Provide as -built drawings for South Tower and booster station. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your written acceptance of this Proposal and to complete SECTION II services according to the preliminary schedule detailed below. Final dates for Construction Administration will be set by the contractor and are therefore out of TKDA's control. The schedule for this phase of service is provided for the convenience of the CITY and is subject to change. • Project Initiation - September 2023 • Design — September 2023 through January 2024 rmi I Mr. David Swearingen I Arden Hills South Tower Improvements Project PW-23-0107 August 23, 2023 Page 3 • Project Bidding — January through February 2024 • Construction Administration — Summer/Fall 2024 VI. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be on an Hourly Time and Materials basis in an amount not to exceed $67,183. Our detailed Project Fee Estimate is attached. Payment shall be made in accordance with Article 3 of the attached General Provisions. The level of effort required to accomplish SECTION II services can be affected by factors which are beyond our control. Therefore, if it appears at any time charges for services rendered under SECTION II will exceed the above, we agree we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you additional funds are available and our work can proceed. VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal. We agree this letter and its attachments constitute a contract between us upon a signed copy returned to us. This Proposal will be open for acceptance for 30 days unless the provisions herein are changed by us in writing prior to that time. Please feel free to contact Dan Nesler directly at 651.726.7977 or dan.neslenjc�tkda.com if you have any questions. Sincerely, Dan Nesler, PE Project Manager Attachments: Project Fee Estimate General Provisions ACCEPTED FOR CITY OF ARDEN HILLS By: Peter "Rusty" Steitz, PE Vice President, Facilities Engineering Signature Printed Name/Title Date CLIENT DESIGNATED REPRESENTATIVE: Name/Title Phone Email DAN:PRS:add:ayo rmi I i TKDA Project Fee Estimate Client: City of Arden Hills Date: 8/23/2023 Project: South Tower Improvements Project By: DAN Task Task Description Estimated Person Hours Required Total Hours Total Dollars Project Manager AesI.PMIEm E nitheer GAGC Grant Civil Engineer E StmcWml gineering En Lead Structural E Engineer Electrical En Lead Engineering Electrical Engineer E Electrical Specialist Civil Engineer Survey Tech Atlmin NeslerD NunlM Meemken8 Frost8 MorseB SleeleE LiaBmatleen G. Schaler B. Nghi T. KorwinB PientkaD Davis A. Billing RatelHr x Multiplier $ 213 $ 118 $ 153 $ 99 E 228 $ 123 $ 224 $ 178 $ 110 $ 125 $ 78 $ 91 1 Project Management and Communications 1.1 Project Kick-off Meeting 1 3 4 $ 567 1.2 PM and Schedule Updates 4 8 12 $ 1,796 1.3 Internal Design Coordination Meetings 4 6 4 4 4 2 1 25 $ 3,501 1.4 City Council Work Session Meetings (2 assumed) 4 4 $ 852 1.5 Status updates and progress monitoring 1 8 9 $ 1,157 SUBTOTAL HOURS 14 25 - 4 - 4 - 4 - 2 - 1 54 SUBTOTAL COST $ 2,982 $ 2,950 $ - $ 396 $ - $ 492 $ - $ 712 $ - $ 250 $ - $ 91 $ 7,873 Expenses: Travel & Subsistence (TS) $ 50 Subtotal Expenses $ 50 Subtotal $ 7,923 2 QAIQC 2.1 lIntemal OAlQC reviews 2 - 4 - 2 - 2 - - - - 10 $ 1,942 SUBTOTAL HOURS 2 -1 4 11 2 11 2 1111 10 SUBTOTAL COST $ 426 $ 1 $ 612 $ 1 $ 456 $ 1 $ 448 $ 1 $ - $ 1 $ - $ - $ 1,942 Expenses: Travel & Subsistence (TS) $ - Subtotal Expenses $ - Subtotal $ 1,942 3 Plans and Specifications 3.1 On -site Kick-off Meeting 2 4 3 3 12 $ 1,801 3.2 Topographic Survey 2 16 12 30 $ 2,756 3.3 50% Plans and Cost Estimate 4 24 24 2 24 2 16 16 4 116 $ 15,024 3.4 90% Plans and Specifications 2 16 16 16 24 16 2 4 96 $ 12,512 3.5 IFB Plans and Specifications 1 8 8 1 6 1 3 4 1 2 36 $ 4,505 SUBTOTAL HOURS 9 54 64 3 49 3 46 36 7 12 6 290 SUBTOTAL COST $ 1,917 $ 6,372 $ - $ 6,336 $ 684 $ 6,076 $ 672 $ 8,224 $ 3,960 $ 875 $ 936 $ 546 $ 36,598 Expenses: Travel & Subsistence (TS) $ 150 Equipment Rentals S 320 Subtotal Expenses S 470 Subtotal $ 37,068 4 Bidding Assitance 4.1 Load IFB Package to Quesl 1 2 3 S 300 4.2 Respond to Bidder Questions 4 2 4 4 14 S 1,874 4.3 Bid Opening 1 2 3 S 449 4.4 Grant Application Assitance 1 12 4 4 21 S 2,389 SUBTOTAL HOURS 2 19 - 6 - 4 - 4 - - - 6 41 SUBTOTAL COST $ 426 $ 2,242 $ - $ 594 $ - $ 492 $ - $ 712 $ - $ - $ - $ 546 $ 5,012 Expenses: Travel & Subsistence (TS) $ 50 Subtotal Expenses $ 50 Subtotal $ 5,062 5 Construction Administration 5.1 Pre -Construction Meeting 1 4 2 2 9$ 1,239 5.2 Shop Drawings 8 1 4 1 8 2 24 $ 3,562 5.3 Monthly Pay Applications 16 4 20 $ 2,284 5.4 Rl 2 12 4 2 4 1 25 $ 3,287 5.5 Site Visits (3 assumed) 10 4 6 20 $ 2,740 5.6 Prepare Punch List 4 2 2 8 $ 1,074 5.7 Final Payment Application and Close out 4 2 2 8 $ 852 SUBTOTAL HOURS i 31 58 1i 12 1 11 12 1 11 22 1i 21i 3 114 SUBTOTAL COST $ 639 1 $ 6,844 $ - $ 1,188 $ 228 $ 1,476 $ 224 1 $ 3,916 $ - $ 250 1 $ - $ 273 $ 15,038 Expenses: Travel & Subsistence (TS) $ 150 Subtotal Expenses $ 150 Subtotal $ 15,188 TOTAL $ 67,183 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED General Provisions of Engineer -Architect Agreement ARTICLE 1. GENERAL These General Provisions supplement and become part of the Agreement between Toltz, King, Duvall, Anderson and Associates, Incorporated, a Minnesota Corporation, hereinafter referred to as TKDA, and the other Party to the Agreement, hereinafter referred to as CLIENT, wherein the CLIENT engages TKDA to provide certain Engineering, Architectural, and/or Planning services. Either Party to this Agreement may be referred to as a "Party" or collectively as "Parties." As used herein, the term "Agreement" refers to (1) TKDA's original Engagement Letter or proposal (the "Engagement Letter") which forms the basis for the Agreement; (2) these General Provisions, and (3) any attached Exhibits, as if they were part of one and the same document. With respect to the order of precedence, any attached Exhibits shall govern over these General Provisions and the Engagement Letter shall govern over any attached Exhibits and these General Provisions. ARTICLE 2. PERIOD OF SERVICE The term of this Agreement for the performance of services hereunder shall be as set forth in TKDA's Engagement Letter. Any lump sum or estimated maximum payment amounts set forth in the Engagement Letter have been established in anticipation of the orderly and continuous progress of the project in accordance with the schedule set forth in the Engagement Letter or any Exhibits attached thereto. ARTICLE 3. COMPENSATION TO TKDA A. Compensation to TKDA for services shall be as designated in the Engagement Letter. The CLIENT shall make monthly payments to TKDA within 30 days of date of invoice. B. The CLIENT will pay the balance stated on the invoice unless CLIENT notifies TKDA in writing of the particular item that is alleged to be incorrect within 15 days from the date of invoice, in which case all undisputed items shall be paid and amounts in dispute shall become due upon an adjudicated resolution or upon agreement of the parties. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1-112% per month, or the maximum amount authorized by law, whichever is less. TKDA shall be entitled to recover all reasonable costs and disbursements, including reasonable attorneys' fees, incurred in connection with collecting amounts owed by CLIENT. In addition, TKDA may, after giving seven days' written notice to the CLIENT, suspend services under this Agreement until TKDA has been paid in full for all amounts then due for services, expenses and charges. CLIENT agrees that it shall waive any and all claims against TKDA and that TKDA shall not be responsible for any claims arising from suspension of services hereunder. ARTICLE 4. EXTRA WORK If TKDA is of the opinion that any work it has been directed to perform is beyond the Scope of this Agreement, or that the level of effort required exceeds that estimated due to changed conditions and thereby constitutes extra work, it shall notify the CLIENT of that fact. Upon written notification to CLIENT, TKDA shall be entitled to additional compensation for same, and to an extension of time for completion absent timely written objection by CLIENT to additional services. ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon seven days' written notice for convenience of either CLIENT or TKDA. In addition, the CLIENT may at any time reduce the scope of this Agreement. Such reduction in scope shall be set forth in a written notice from the CLIENT to TKDA. In the event of unresolved dispute over change in scope or changed conditions, this Agreement may also be terminated upon seven days' written notice as provided above. In the event of a termination or reduction in scope of the project work, TKDA shall be paid for the work performed and expenses incurred on the project work and for any completed and abandoned work for which payment has not been made, computed in accordance with the provisions of the Engagement Letter and payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with TKDA's subconsultants, costs of producing copies of file materials and other related close-out costs. ARTICLE 6. DISPOSITION OF PLANS, REPORTS AND OTHER DATA All documents, including reports, drawings, calculations, specifications, CADD materials, computer software or hardware or other work product prepared by TKDA pursuant to this Agreement are TKDA's Instruments of Service and TKDA retains all ownership interests in said Instruments of Service, including copyrights. Any use or reuse of such Instruments of Service, except for the specific purpose intended, by the CLIENT or others without written consent, verification, or adaptation by TKDA will be at the CLIENT's risk and full legal responsibility. In this regard, the CLIENT will indemnify and hold harmless TKDA from any and all suits or claims of third parties arising out of such use or reuse which is not specifically verified, adapted, or authorized by TKDA. Copies of documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by TKDA's Engineer or Architect. Files in electronic format furnished to the CLIENT are only for convenience of the CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. In the event electronic copies of documents are made available to the CLIENT, the CLIENT acknowledges that the useful life of electronic media may be limited because of deterioration of the media, obsolescence of the computer hardware and/or software systems or other causes outside of TKDA's control. Therefore, TKDA makes no representation that such media will be fully usable beyond 30 days from date of delivery to CLIENT. If requested, at the time of completion or termination of the work, TKDA shall make available to the CLIENT at CLIENT's expense copies of the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred under this Agreement, and (ii) fulfillment of the CLIENT's obligations under this Agreement. ARTICLE 7. CLIENT'S ACCEPTANCE BY PURCHASE ORDER In lieu of or in addition to execution of the Engagement Letter, the CLIENT may authorize TKDA to commence services by issuing a purchase order by a duly authorized representative. Such authority to commence services or purchase order shall incorporate by reference the terms and conditions of this Agreement. In the event the terms and conditions of this Agreement conflict with those contained in the CLIENT's purchase order, the terms and conditions of this Agreement shall govern. Notwithstanding any purchase order provisions to the contrary, no warranties, express or implied, are made by TKDA. In order to implement the intent of Parties to this Agreement, the Parties agree that the Engagement Letter, these General Provisions, and any Exhibits constitute the entire Agreement between them. The Parties further agree that the preprinted terms and conditions of any CLIENT -generated purchase order issued to request work pursuant to this Agreement will not apply to the work, regardless of whether TKDA executes the purchase order in acceptance of the work. ARTICLE 8. CLIENT'S RESPONSIBILITIES A. To permit TKDA to perform the services required hereunder, the CLIENT shall supply, in proper time and sequence, the following at no expense to TKDA: 1. All necessary information regarding its requirements as necessary for orderly progress of the work. 2. Designate in writing a person to act as CLIENT's representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive instructions, receive information, and interpret and define CLIENT's policies with respect to TKDA's services. 3. Furnish, as required for performance of TKDA's services (except to the extent provided otherwise in the Engagement Letter or any Exhibits attached thereto), data prepared by or services of others, including without limitation, soil borings, probing and subsurface explorations, hydrographic and geohydrologic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restriction; and other special data not covered in the Engagement Letter or any Exhibits attached thereto. 4. Provide access to, and make all provisions for TKDA to enter upon publicly or privately owned property as required to perform the work. 5. Act as liaison with other agencies or involved parties to carry out necessary coordination and negotiations; furnish approvals and permits from all governmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. 6. Examine all reports, sketches, drawings, specifications and other documents prepared and presented by TKDA, obtain advice of an attorney, insurance counselor or others as CLIENT deems necessary for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of TKDA. 7. Give prompt written notice to TKDA whenever the CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of TKDA's services or any defect in the work of Construction Contractor(s), subconsultants or TKDA. 8. Initiate action, where appropriate, to identify and investigate the nature and extent of asbestos, petroleum and/or pollution in the project and to abate and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule, or regulation now existing or hereinafter enacted or amended. For purposes of this Agreement, "pollution" and "pollutant' shall mean any solid, liquid, gaseous or thermal irritant or contaminant, including petroleum, smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Hazardous Materials means any substance, waste, pollutant or contaminant (including petroleum) now or hereafter included within such terms under any federal, state or local statute, ordinance, code, rule or regulation now existing or hereinafter enacted or amended. Waste further includes materials to be recycled, reconditioned or reclaimed. CLIENT further agrees it TKDA GENERAL PROVISIONS JULY 2009 (E/0) will, where appropriate, endeavor to identify, remove and/or encapsulate asbestos products, petroleum, pollutants or Hazardous Materials located in the project area prior to accomplishment by TKDA of any work on the project. If TKDA encounters, or reasonably suspects that it has encountered, asbestos or pollution in the project, TKDA shall cease activity on the project and promptly notify the CLIENT, who shall proceed as set forth above. Unless otherwise specifically provided in the Engagement Letter, the services to be provided by TKDA do not include identification of asbestos or pollution, and TKDA has no duty to identify or attempt to identify the same within the area of the project. With respect to the foregoing, CLIENT acknowledges and agrees that TKDA is not a user, handler, generator, operator, treater, Storer, transporter or disposer of asbestos, petroleum, Pollutant, or other Hazardous Materials which may be encountered by TKDA on the project. CLIENT agrees to hold harmless, indemnify and defend TKDA and TKDA's officers, subconsultant(s), subcontractor(s), employees and agents from and against any and all claims, lawsuits, damages, liability and costs, including, but not limited to, costs of defense, arising out of or in any way connected with the presence, discharge, release, or escape of asbestos, petroleum or other Hazardous Materials or waste on the site. This indemnification is intended to apply only to existing conditions present at the site prior to TKDA's commencement of services, and does not apply to conditions that arise subsequent to TKDA's commencement of services that are caused or created by TKDA. 9. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the project, such legal services as the CLIENT may require or TKDA may reasonably request with regard to legal issues pertaining to the project including any that may be raised by contractor(s), such auditing service as CLIENT may require to ascertain how or for what purpose any contractor has used the monies paid under the construction contract, and such inspection services as CLIENT may require to ascertain that contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 10. Provide "record" drawings and specifications for all existing physical plants or facilities which are pertinent to the project. 11. Act promptly to approve all pay requests, Supplemental Agreements, or requests for information by TKDA as set forth herein. 12. Require all Utilities with facilities in the CLIENT's right-of-way to locate and mark said utilities upon request, relocate and/or protect said utilities as determined necessary to accommodate work of the project, submit a schedule of the necessary relocation/protection activities to the CLIENT for review and comply with agreed upon schedule. 13. Provide other services, materials, or data as may be set forth in the Engagement Letter or any Exhibits attached thereto. B. TKDA shall be entitled to rely on the accuracy and completeness of information furnished by the CLIENT. If TKDA finds that any information furnished by the CLIENT is in error or is inadequate for its purpose, TKDA shall promptly notify the CLIENT. ARTICLE 9. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations end maintenance costs provided for in the Engagement Letter or any Exhibits attached thereto, are made on the basis of TKDA's experience and qualifications and represent TKDA's judgment as an experienced and qualified design professional. It is recognized that TKDA does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any facility to be constructed, or acquired, or work to be performed on the basis of TKDA's cost opinions, must of necessity, be speculative until completion of construction or acquisition. Accordingly, TKDA does not guarantee that proposals, bids or actual costs will not substantially vary from opinions, evaluations or studies submitted by TKDA to CLIENT hereunder. TKDA assumes no responsibility for the accuracy of opinions of probable project costs or construction costs, and provides these estimates for the sole convenience of the CLIENT for the purposes of general project budgeting. ARTICLE 10. CONSTRUCTION PHASE SERVICES CLIENT acknowledges that it is customary for the Architect or Engineer who is responsible for the preparation and furnishing of Drawings and Specifications and other construction -related documents to be employed to provide professional services during the Construction Phases of the project, (1) to interpret and clarify the documentation so furnished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptance of substitute of or -equal items of materials and equipment proposed by bidders and contractor(s), (3) in connection with review of shop drawings and sample submittals, and (4) as a result of and in response to TKDA's detecting in advance of performance of affected work inconsistencies or irregularities in such documentation. CLIENT agrees that if TKDA is not employed to provide such professional services during the Construction Phases of the project, TKDA will not be responsible for, and CLIENT shall indemnify and hold TKDA (and TKDA's professional associates and consultants) harmless from, all claims, damages, losses and expenses including attorneys' fees arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop drawing or sample approval or modification of such documentation issued or carried out by CLIENT or others. Nothing contained in this paragraph shall be construed to release TKDA (or TKDA's professional associates or consultants) from liability for failure to perform in accordance with professional standards any duty or responsibility which TKDA has undertaken or assumed under this Agreement. ARTICLE 11. INSURANCE TKDA shall procure and maintain insurance for protection from claims against it under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees, and from claims against it for damages because of injury to or destruction of property. Also, TKDA shall procure and maintain professional liability insurance for protection from claims arising out of performance of professional services caused by any negligent act, error, or omission for which TKDA is legally liable. Certificates of insurance will be provided to the CLIENT upon request. ARTICLE 12. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom TKDA performs work hereunder, shall not be assigned, sublet or transferred without the written consent of TKDA and the CLIENT. Any assignment of the Agreement, or claims arising under or relating to the Agreement without the written consent of both Parties shall be null and void. ARTICLE 13. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 14. SEVERABILITY Any provision or portion thereof in this Agreement which is held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding between CLIENT and TKDA. ARTICLE 15. WAIVER OF CONSEQUENTIAL DAMAGES CLIENT and TKDA waive consequential damages for claims, disputes or other matters in question arising out of or relating to TKDA's services under this Agreement. This mutual waiver of consequential damages applies and survives termination of this Agreement. ARTICLE 16. LIMITATION OF LIABILITY In recognition of the relative risks of CLIENT and TKDA relating to the work, CLIENT agrees, to the extent permitted by law, that TKDA's liability to the CLIENT or anyone claiming through CLIENT for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes including, but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of TKDA or its officers, directors, partners, employees, agents, or consultants, or any of them, shall not exceed the total insurance proceeds paid or available on behalf of or to TKDA by its insurers in settlement or satisfaction of CLIENT's claims against TKDA under the terms and conditions of TKDA's insurance policies applicable thereto. ARTICLE 17. CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and TKDA agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 18. CONFIDENTIALITY TKDA agrees to keep confidential and not to disclose to any person or entity, other than TKDA's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to TKDA and marked CONFIDENTIAL by the CLIENT. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict TKDA from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for TKDA to complete services under the Agreement or defend itself from any suit or claim. ARTICLE 19. UNDERGROUND UTILITIES If authorized in the Engagement Letter, TKDA and/or its authorized subconsultant will conduct the research that in its professional opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by TKDA or its subconsultant will be performed in a manner consistent with the ordinary standard of care. The CLIENT recognizes that the research may not identify all underground improvements and that the information upon which TKDA relies may contain errors or may not be complete. The CLIENT agrees, to the fullest extent permitted by law, to waive all claims and causes of action against TKDA and anyone for whom TKDA may be legally liable, for claims by CLIENT or its contractors for delay or additional compensation relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by TKDA. TKDA GENERAL PROVISIONS JULY 2009 (E/0) CONSENT ITEM — 8G EN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Lucas J. Miller, Assistant Public Works Director SUBJECT: 2022/2023 Tree Plan Project — Payment No. 2 Budgeted Amount: Actual Amount: Funding Source: $ 117,640.00 $117,640.00 Park Fund — Tree Replacement funds Council Should Consider Motions to approve, table, or deny the following: Payment No. 2 for the 2022/2023 Tree Plan Project to Margolis Company in the amount of $35,434.50. • Authorize Finance Director to complete all corresponding budget adjustments to reflect approval of additional tree work with Margolis. Back2round/Discussion On August 22"d, 2022, City Council approved Awarding the 2022 Tree Plan Project construction contract to Margolis Company. On March 20th, 2023, City Council gave direction to add 31 additional trees to the Margolis contract in 2023, at the work session utilizing the remaining funds in the tree fund of $47,420. Of these trees, 29 were placed along Highway 96 and 2 within Hazelnut Park. The project is approximately 95% complete. The entirety of the trees have been installed, along with mulch and topsoil, and the project is substantially completed. Five percent is being withheld from the work completed 2023 in accordance with the contract documents for inspection of the trees and watering during the establishment and warranty period. Payment No. 2 is in the amount of $35,434.50. Staff recommends that Council approve Payment No. 2 (Attachment A). Page 1 of 2 Budget Impact Total Construction Expenses: Original Contract Amount: $ 70,220.00 2023 added scope: $ 47,420.00 Attachments Attachment A: Pay Request No. 2 Page 2 of 2 Margolis Company 295 W. Larpenteur Ave. Roseville, MN 55113 To: City of Arden Hills 1245 W. Hwy 96 Arden Hills, MN 55112 Attachment A statement Date 8/7/2023 Amount Due Amount Enc. $35,434.50 Date Transaction Amount Balance 2022 Arden Hills Tree Plan- 07/17/2023 INV #1846. Due 07/17/2023. Orig. Amount $2,175.00. pw 2,175.00 2,175.00 2023 Arden Hills Tree Plan- 06/14/2023 INV #1797. Due 06/14/2023. Orig. Amount $33,259.50. 33,259.50 35,434.50 RECEIVED AUG 112023 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 0.00 2,175.00 33,259.50 0.00 0.00 $35,434.50 Mayor David Grant (signature and date) Page 1 of 2 City of Arden Hills 1245 W. Hwy 96 Arden Hills, MN 55112 argolls Company Landscape Contractors 295 West Larpenteur 651/488-7258 Roseville, Minnesota 55113 Fax 651/488-0693 Please visit our website at: www.margolisco.com Invoice Invoice # 1797 Date 6/14/2023 Page 2 of 2 CONSENT ITEM — 8H ,-ARZEN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Arden Manor Park and Floral Park Improvements - Materials Testing Budgeted Amount: Actual Amount: Funding Source: $606,000 — Floral Park $1,133,074.38 CDBG Funds, PIR — Parks $249,700 — Arden Manor Council Should Consider Motions to approve, table, or deny the following: Proposal for Construction Materials Testing Services with Braun Intertec in the amount of $11,582 for the Arden Manor Park and Floral Park Improvements Background/Discussion As part of the Arden Manor Park and Floral Park Improvements project, materials testing is required to ensure the quality of work meets the specifications outlined with this project. The project includes pavement subgrade preparation, aggregate base placement, new concrete curb and gutter, sidewalk, and driveways along with a new bituminous pavement. Testing firms use information on what elements and at what quantity are involved with a project to determine a Schedule of Materials Control which then tells you the frequency of testing needed. Staff has reviewed the proposal and recommends approving materials testing services with Braun Intertec (Attachment A). Page 1 of 2 Budget Impact The project funding is provided below: Funding 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 Actual project totals: Engineering Contractor Playground Equip Shelter Park Amenities Change Order 1 Material Testing Actual Total Over CIP Budget Arden Manor Floral TOTAL $ 71,742.88 $ 52,287.12 $ 124,030.00 343,721.24 472,802.11 816,523.35 115,469.11 79,549.81 195,018.92 41,006.00 27,964.00 68,970.00 13,050.00 19,550.00 32,600.00 (115, 649.89) (115, 649.89 ) 4,632.80 6,949.20 11,582.00 $ 473,972.14 $ 659,102.24 $ 1,133,074.38 $224,272.14 $ 53,102.24 $277,374.38 The actual cost is $277,374.38 over the total budgeted amount for both parks. This will have an impact on future CIP projects. Additional possible funding sources discussed at the June 20, 2023 work session were LGA funds, Arden Hills Foundation and savings in the General Fund Street Maintenance budget. A++nnhmnn+a Attachment A: Braun Intertec Testing Proposal Page 2 of 2 B RAU N INTERTEC The Science You Build On. August 17, 2023 Mr. Lucas Miller 1245 West Highway 96 Arden Hills, MN 55112 Braun Intertec Corporation Phone: 952.995.2000 11001 Hampshire Avenue S Fax: 952.995.2020 Minneapolis, MN 55438 Web: braunintertec.com Attachment A Proposal Re: Proposal for Construction Materials Testing Services Arden Manor Park and Floral Park Improvements 4601 Prior Avenue and 1423 Floral Drive City Improvement Project No. 20-Park-003 and 22-Park-001 Arden Hills, Minnesota Dear Mr. Miller: Braun Intertec Corporation is pleased to submit this proposal to provide construction materials testing services for the Arden Manor Park and Floral Park Improvements project in Arden Hills, Minnesota. Since our inception in 1957, we have grown into one of the largest employee owned engineering firms in the nation. With more than 1,000 employee owners, retaining our firm gives you access to a diverse range of services and professionals you can consult with if the unforeseen occurs. The size of our company also allows us to respond quickly when schedule constraints occur. Our Understanding of Project This project will include pavement subgrade preparation, aggregate base placement, new concrete curb and gutter, sidewalk, and driveways along with a new bituminous pavement. We understand the hardcourt at Arden Manor Park was removed from the project. Available Project Information This proposal was prepared using the following documents and information. ■ Project plans prepared by the City of Arden Hills, dated May 23, 2023. Quantities of tests and/or visits for Braun Intertec's estimates provided by Lucas Miller via an email on July 31, 2023. To our knowledge, no geotechnical report was prepared for this project. Scope of Services Services are performed under the direction of a licensed professional engineer. Testing services will be performed on an on -call, as -needed basis as requested and scheduled by you or your on -site project AA/EOE City of Arden Hills Proposal QTB182726 August 17, 2023 Page 2 representative. After reviewing available information to determine compliance with project plans and/or specifications and other design or construction documents, our scope of services for the project will be limited to the tasks defined below. Soil Related Services ■ Measure the in -place dry density, moisture content and relative compaction of fill placed for pavement and/or utility support, and of utility backfill for compliance with the project documents. This task includes performing laboratory Proctor tests to provide maximum dry densities from which the relative compaction of fill can be determined, as well as the use of a nuclear density gauge to measure in -place dry densities and moisture contents. ■ Sample and test aggregate base materials for compliance with the project documents. This task includes laboratory gradation testing of aggregate base material. ■ Perform MnDOT dynamic cone penetrometer (DCP) tests on aggregate base material. Concrete Related Services ■ Sample and test fresh concrete associated with pavement and/or curb -and -gutter for compliance with the project documents, and cast test cylinders for laboratory compressive strength testing. We assume that we will be able to appropriately dispose of excess concrete (and associated wash water) on site at no additional cost to us. Measure and report the compressive strength of the concrete test cylinders for compliance with the project documents. A set of three cylinders will be tested at 28 days for each set cast. If field cure cylinders are requested, each additional cylinder will be charged at the unit price listed in our cost estimate. Bituminous Related Services ■ Sample and test bituminous pavement materials for compliance with the project documents. This task includes rice specific gravity, gyratory density, asphalt content, and extracted aggregate gradation tests of the bituminous. ■ Measure the in -place density of the fresh bituminous with a nuclear density gauge to observe and document the contractor's roll pattern. Consulting, Project Communication and Reporting Services ■ Project management, including scheduling of our field personnel. ■ Review test reports, and communicating with you and the parties you may designate such as the project contractor(s), and other project team members, as needed. ■ Transmit test results to the project team on a weekly basis. BRAUN INTERTEC City of Arden Hills Proposal QTB182726 August 17, 2023 Page 3 Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the project at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include: ■ We assume it will take 3 trips to complete the nuclear density gauge testing on this project, assuming we can perform two tests per trip. ■ We understand compaction testing on aggregate base material will be performed using the Dynamic Cone Penetration (DCP) method; a minimum of 2 tests will be conducted each trip with 2 trips assumed. ■ We understand 5 sets of concrete tests will be required to complete the project. ■ We assume the rebar observations before concrete placements will be completed by the other and not provided by Braun Intertec. ■ We understand bituminous paving will be completed in 2 days for this project. ■ We assume the project engineer of record will review and approve contractor's quality control submittals and test results. ■ You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work. ■ We will require a minimum of 24 hours' notice for scheduling inspections for a specific time. Shorter than 24 hours' notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. If the pace of construction is different than described above, this proposal should be revised. Cost and Invoicing We will furnish the services described herein for an estimated fee of $11,582. Our estimated costs are based on industry averages for construction production. Depending on the contractor's performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The actual cost of our services will be based on the actual units or hours expended to meet the requirements of the project documents. BRAUN INTERTEC City of Arden Hills Proposal QTB182726 August 17, 2023 Page 4 This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor's construction schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for overtime in our cost estimate; however, we recommend that allowances and contingencies be made for overtime charges based on conversations with the contractor. You will be billed only for services provided on a time and materials basis. Because our services are directly controlled by the schedule and performance of others, the actual cost may vary from our estimate. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed above, we will provide them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on a monthly basis. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. After reviewing this proposal, please sign and return one copy to our office as notification of acceptance and authorization to proceed. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. Also, ordering services from Braun Intertec constitutes acceptance of the terms of this proposal including the attached General Conditions. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. INILKltC City of Arden Hills Proposal QTB182726 August 17, 2023 Page 5 We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Jacob Collins at 612.418.8570 (jacollins@braunintertec.com) or Andrew Valerius at 952.995.2242 (avalerius@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION c �- e7 �� Jacob D. Collins Project M-1anager r� Cam, `tom V ,— Andrew M. Valerius Account Leader Senior Project Manager Charles M. Cadenhead, Jr., PE Vice President, Principal Engineer Attachments: Project Proposal - QTB182726 General Conditions — CMT (1/1/18) The proposal is accepted. We will reimburse you in accordance with this agreement, and you are authorized to proceed: Authorizer's Firm Authorizer's Signature Authorizer's Name (please print or type) Authorizer's Title Date INILKItC B RAU N Project Proposal I NTERTEC QTB182726 The Science You Build On. Arden Hills - Arden Manor Park and Floral Park Improvements Client: Work Site Address: Service Description: City of Arden Hills Arden Manor Park Construction Materials Testing Lucas Miller 4601 Prior Avenue City Improvement Project No. 20-Park-003, 1425 Paul Kirkwold Dr Floral Park 22-Park-001 Arden Hills, MN 55112 1423 Floral Drive W (651) 633-5676 Arden Hills, MN 55112 Description Quantity Units Unit Price Extension Phase 1 Construction Materials Testing Activity 1.1 Soil Testing $3,908.00 207 Compaction Testing - Nuclear 9.00 Hour 88.00 $792.00 Work Activity Detail Qty Units Hrs/Unit Extension Site Compaction Tests 3.00 Trips 3.00 9.00 1308 Nuclear moisture -density meter charge, per hour 9.00 Each 26.00 $234.00 217 Compaction Testing - DCP 12.00 Hour 88.00 $1,056.00 Work Activity Detail Qty Units Hrs/Unit Extension Aggregate Base 4.00 Trips 3.00 12.00 1318 Moisture Density Relationship (Standard), per sample 2.00 Each 194.00 $388.00 1162 Sieve Analysis with 200 wash, per sample 2.00 Each 142.00 $284.00 1228 Topsoil Testing with nutrients, per sample 1.00 Each 390.00 $390.00 209 Sample pick-up 3.00 Hour 88.00 $264.00 1861 CMT Trip Charge 10.00 Each 50.00 $500.00 Activity 1.2 Concrete Testing $3,464.00 261 Concrete Testing 21.00 Hour 88.00 $1,848.00 Work Activity Detail Qty Units Hrs/Unit Extension Concrete Testing 7.00 Trips 3.00 21.00 1364 Compressive strength of concrete cylinders (ASTM C 39), each 21.00 Each 34.00 $714.00 Work Activity Detail Qty Units Hrs/Unit Extension Concrete Sets 7.00 Sets 3.00 21.00 278 Concrete Cylinder Pick up 4.00 Hour 88.00 $352.00 1861 CMT Trip Charge 11.00 Each 50.00 $550.00 Activity 1.3 Pavement Testing $2,320.00 207 Compaction Testing - Nuclear 6.00 Hour 88.00 $528.00 Work Activity Detail Qty Units Hrs/Unit Extension Roll Pattern Testing 2.00 Trips 3.00 6.00 1308 Nuclear moisture -density meter charge, per hour 6.00 Each 26.00 $156.00 209 Sample pick-up 4.00 Hour 88.00 $352.00 1530 Asphalt Content, per sample 2.00 Each 155.00 $310.00 1532 Extracted Aggregate Gradation, per sample 2.00 Each 109.00 $218.00 1528 Rice Specific Gravity, per sample 2.00 Each 84.00 $168.00 1568 Gyratory Gravity, per sample 2.00 Each 194.00 $388.00 1861 CMT Trip Charge 4.00 Each 50.00 $200.00 Activity 1.4 Project Management and Reporting $1,890.00 ' 138 Project Assistant 4.00 Hour 88.00 $352.00 226 Project Manager 8.00 Hour 168.00 $1,344.00 228 Senior Project Manager 1.00 Hour 194.00 $194.00 08/17/2023 02:47 PM Page 1 of 2 B RAU N INTERTEC The Science You Build On. Project Proposal QTB182726 Arden Hills - Arden Manor Park and Floral Park Improvements Phase 1 Total: $11,582.00 Proposal Total: 111,582.00 08/17/2023 02:47 PM Page 2 of 2 General Conditions Construction Material Testing and Special Inspections Section 1: Agreement 1.1 Our agreement with you consists of these General Conditions and the accompanying written proposal or authorization ("Agreement'). This Agreement is the entire agreement between you and us. It supersedes prior agreements. It may be modified only in a writing signed by us, making specific reference to the provision modified. 1.2 The words "you," "we," "us," and "our" include officers, employees, and subcontractors. 1.3 In the event you use a purchase order or other documentation to authorize our scope of work ("Services"), any conflicting or additional terms are not part of this Agreement. Directing us to start work prior to execution of this Agreement constitutes your acceptance. If, however, mutually acceptable terms cannot be established, we have the right to terminate this Agreement without liability to you or others, and you will compensate us for fees earned and expenses incurred up to the time of termination. Section 2: Our Responsibilities 2.1 We will provide Services specifically described in this Agreement. You agree that we are not responsible for services that are not expressly included in this Agreement. Unless otherwise agreed in writing, our findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 2.2 In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. If during the one year period following completion of Services it is determined that the above standards have not been met and you have promptly notified us in writing of such failure, we will perform, at our cost, such corrective services as may be necessary, within the original scope in this Agreement, to remedy such deficiency. Remedies set forth in this section constitute your sole and exclusive recourse with respect to the performance or quality of Services. 2.3 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points unless we accept that duty in writing. Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seen and further that site conditions may vary over distance or change over time. 2.4 Our duties do not include supervising or directing your representatives or contractors or commenting on, overseeing, or providing the means and methods of their services unless expressly set forth in this Agreement. We will not be responsible for the failure of your contractors, and the providing of Services will not relieve others of their responsibilities to you or to others. 2.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, owner, project, or site health or safety. 2.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 2.7 Unless a fixed fee is indicated, our price is an estimate of our project costs and expenses based on information available to us and our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 3: Your Responsibilities 3.1 You will provide us with prior environmental, geotechnical and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed Services. 3.2 You will provide access to the site. In the performance of Services some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of damage in the estimated charges. 3.3 If we notify you that radiographic or gamma ray equipment or other nuclear testing or measuring device will be used, you will be responsible for the cooperation of your employees and your contractors in observing all radiation safety standards. 3.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any work site. If we observe or suspect the presence of contaminants not anticipated in this Agreement, we may terminate Services without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 3.5 The time our field personnel spend on the job site depends upon the scheduling of the work we are observing or testing. You agree that any changes in scheduling may result in additional BRAUN INTERTEC costs and agree to pay for those services at the rates listed in our cost estimate. 3.6 You agree to include us as an indemnified party in your contracts, if any, for work by others on the project, protecting us to the same degree as you are protected. You agree to list us as an Additional Insured under your liability insurance policies and to require subrogation be waived against us and that we will be added as an Additional Insured on all policies of insurance, including any policies required of your contractors or subcontractors, covering any construction or development activities to be performed on the project site. Section 4: Reports and Records 4.1 Unless you request otherwise, we will provide our report(s) in an electronic format. 4.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property. We hereby grant you a license to use the reports and related information we provide only for the related project and for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval. you agree to indemnify, defend, and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. 4.3 If you do not pay for Services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. 4.4 Electronic data, reports, photographs, samples, and other materials provided by you or others may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. Section 5: Compensation 5.1 You will pay for Services as stated in this Agreement. If such payment references our Schedule of Charges, the invoicing will be based upon the most current schedule. An estimated amount is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices upon receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 5.3 If you direct us to invoice a third party, we may do so, but you agree to be responsible for our compensation unless the third party is GC-CMT Page 1 of 2 creditworthy (in our sole opinion) and provides written acceptance of all terms of this Agreement. 5.4 Your obligation to pay for Services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, your successful completion of any project, receipt of payment from a third party, or any other event. No retainage will be withheld. 5.5 If you do not pay us in accordance with this Agreement, you agree to reimburse all costs and expenses for collection of the moneys invoiced, including but not limited to attorney fees and staff time. 5.6 You agree to compensate us in accordance with our Schedule of Charges if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 5.7 If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work changes, or if changed labor conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice, the schedule will be extended for each day of delay, and we will be compensated for costs and expenses incurred in accordance with our Schedule of Charges. 5.8 If you fail to pay us in accordance with this Agreement, we may consider the default a total breach of this Agreement and, at our option, terminate our duties without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right to offset fees otherwise due us. Section 6: Disputes, Damage, and Risk Allocation 6.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party's representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 6.2 Notwithstanding anything to the contrary in this Agreement neither party hereto shall be responsible or held liable to the other for punitive, indirect incidental, or consequential damages, or liability for loss of use, loss of business opportunity, loss of profit or revenue, loss of product or output or business interruption. 6.3 You and we agree that any action in relation to an alleged breach of our standard of care or this Agreement shall be commenced within one year of the date of the breach or of the date of substantial completion of Services, whichever is earlier, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute. We will not be liable unless you have notified us within 30 days of the date of such breach and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. You agree not to make a claim against us unless you have provided us at least 30 days prior to the institution of any legal proceeding against us with a written certificate executed by an appropriately licensed professional specifying and certifying each and every act or omission that you contend constitutes a violation of the standard of care governing our professional services. Should you fail to meet the conditions above, you agree to fully release us from any liability for such allegation. 6.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability for all claims will not exceed the fee paid for Services or $50,000, whichever is greater. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of this Agreement, you provide payment in an amount that will increase our fees by 10%, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated herein and to insure this obligation. In addition, all indemnities and limitations of liability set forth in this Agreement apply however the same may arise, whether in contract, tort, statute, equity or other theory of law, including, but not limited to, the breach of any legal duty or the fault, negligence, or strict liability of either party. 6.6 This Agreement shall be governed, construed, and enforced in accordance with the laws of the state in which our servicing office is located, without regard to its conflict of laws rules. The laws of the state of our servicing office will govern all disputes, and all claims shall be heard in the state or federal courts for that state. Each of us waives trial by jury. 6.7 No officer or employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not to make a claim against individual officers or employees. Section 7: General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you are legally responsible. 7.2 To the extent it maybe necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. Section 8: Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our negligence. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 8.3 Neither of us will assignor transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 8.4 This Agreement maybe terminated early only in writing. You will compensate us for fees earned for performance completed and expenses incurred up to the time of termination. 8.5 If any provision of this Agreement is held invalid or unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 8.6 No waiver of any right or privilege of either party will occur upon such party's failure to insist on performance of any term, condition, or instruction, or failure to exercise any right or privilege or its waiver of any breach. GC-CMT Revised 1/1/2018 Page 2 of 2 PUBLIC HEARING —10A 'It ,ARZEN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-013 — Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendments — Chapter 13, Section 1325.05 - Design Standards, Subdivision 4.1) — Fencing Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Hold the required public hearing for Planning Case 23-014, a proposal for Zoning Ordinance Amendments to Chapter 13, Section 1325.05, Subd. 4.1), Fences to identify criteria between a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts. The City Council will be asked to make a formal decision regarding the application under Agenda Item 11 A. Background At their February 21st work session, the City Council had a preliminary discussion on if, or how, City ordinances may be restrictive to residents wanting to remodel or add -on to their home. City staff was directed to survey neighboring cities to compare Arden Hills' residential setback requirements. Additionally, city staff was asked to assemble a list of previously identified code amendments to allow for further Council discussion to occur on the prioritization of amendment reviews. City staff brought back the requested information to the City Council at their April 17th meeting. Staff provide a list of ordinance amendments that were previously tasked to proceed directly to the Planning Commission for the first review once a Senior Planner was onboard and as staff time allowed. While others would need to be brought back to the City Council for further discussion and direction at a future work session. Below is the list of ordinance amendments that were part of the City Council work session discussion: Page 1 of 3 Planning Commission • Fences (i.e. Temporary and Permanent, Definitions and Standards) • Zoning Amendments for consistency with 2040 Comprehensive Plan City Council Work Session • Infill Development (i.e. Land Disturbance and Fill, Height of Buildings, Tree Clearing, Sight Lines, Character of Neighborhood) • Rental Properties (i.e. Rental Registration/Licensing, Rental Cap, Short Term Rentals) • Signage o Council has tasked to the Economic Development Commission for first review. • Corner Lot Setbacks • Accessory Structures (i.e. residential maximum size allowed) • EV Charging Stations The City Council consensus was to proceed with the above amendments as outlined. Staff was directed to bring forward the fence ordinance amendments to the Planning Commission for the first review and to hold a public hearing. Following the public hearing, the draft ordinance language with recommendation of the Planning Commission would be brought to the City Council for subsequent discussion and adoption. Overview of Ordinance Amendments Staff has prepared a draft ordinance showing language to be added in red font for your review (Attachment A). The proposed amendments are intended to establish criteria for evaluating residential fences and identify factors between a temporary and permanent fence. Currently, the city code is absent of any language differentiating the two which means that all fences are subject to a zoning permit. City staff has had requests to install a temporary fence for reasons such as a snow barrier or as protection around grass seed. The proposed language would also establish a time limitation for how many days temporary fencing could be erected on a property. Lastly, the city code does not have a maximum height specification for fences in business or industrial zoning districts. The proposed language establishes a maximum height and allows the City to grant flexibility based on site suitability as a buffer or screening. The proposed amendments to City Zoning Code Chapter 13 are within Section 1325.05, Subd 4.13, Fences. Proposed Ordinance Language: 1) Amend Section 1320.05 Design Standards, Subd. 4 Screening, D. Fence Regulations a. Add Section 1325.05, Subd. 4.D.3 - Fences in residential districts shall be comprised of chain -link, aluminum, wood, vinyl, composite, or other material as approved by the Zoning Administrator. Alternate fencing materials may be allowed in business and industrial zoning districts subject to conformance with Section 1325.05. b. Add Section 1325.05, Subd. 4.D.4 - Height of Fences in Business and Industrial Districts. Fences may be to eight 8) feet in height in the side and rear yards Lip to the front building line of the principal structure. Fences abutting residential districts shall conform to those regulations applicable to the residential district. Fences, solid walls and hedges in the minimum front yard setback may be allowed Page 2 of 3 through Site Plan Review or as part of a Planned Unit Development as determined appropriate by the City Council based on site suitability to allow for additional screening and/or as a buffer for noise reduction. c. Add Section 1325.05, Subd. 4.D.10 - Fences which are temporary in nature shall be allowed seasonally for the purpose of protecting_ gardens or lawns from natural elements. Temporary fences that are 48 inches or less shall be allowed without a zoning �permit and temporary fences over 48 inches are prohibited. Other purposes for temporary fencing may be permitted on a case -by -case review subject to the approval of the Zoning Administrator. Temporary fencing may be installed for a duration not to exceed 150 days. Examples of temporary fencing materials allowed are snow or safety fence (i.e. plastic), silt fence (i.e. fabric), or wire fence. Temporary fencing shall be subject to all other fence regulations listed within the ordinance. Silt fencing or fencing utilized at a construction site associated with an active grading and erosion control or building permit issued by the City is allowed as an exception to this provision for duration and height. Temporary fencing installed in conjunction with a City permit is subject to removal prior to the final inspection. Planning Commission Review The Planning Commission reviewed this application at the August 9, 2023 meeting. The Commission voted 6-0 (Commissioner Mitchell was absent) to recommend approval of Planning Case 23-014 with amendments. The Commission recommended increasing the duration for a temporary fence from 120 days to 150 days and added wording that identifies fencing utilized at a construction site would also be an exception to the temporary fencing provision. Public Notice and Comments A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on August 17, 2023. The City has not received any public comments regarding this case. Attachments A. Draft Fence Redlined Ord. Amendment B. Planning Commission Memo C. Draft Planning Commission Minutes D. Presentation Page 3 of 3 I't EN HILLS ORDINANCE NO.2023-008 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment A AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1325 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 - Zoning Code, Section 1325 — General Regulation, subsection 1325.05, Subd. 4.1) is hereby amended by deleting stfikethr-ough language and adding the underlined language as follows: D. Fence Regulations. 1. Height of Fences in Side and Rear Yards. Fences in side or rear yards may not exceed six (6) feet in height in all residential districts. Fences may be up to six (6) feet in height if placed in the secondary front yard of corner lots in residential districts provided that the fence does not exceed three (3) feet in height within the structure setback of the primary front yard and the fence does not encroach on the clear vision area. (revised 3/18/09) 2. Height of Fences, Solid Walls and Hedges in Front Yards. Fences, solid walls and hedges in excess of three (3) feet in height in the minimum front yard building setback area are prohibited in all R-1 and R-2 Residential Districts. 3. Fences in residential districts shall be comprised of chain -link, aluminum, wood, vinyl, composite, or other material as approved by the Zoning Administrator. Alternate fencing materials may be allowed in business and industrial zoning districts subject to conformance with Section 1325.05. 4. Height of Fences in Business and Industrial Districts. Fences may be up to eight (8) feet in height in the side and rear yards p to the front building line of the principal structure. Fences abutting residential districts shall conform to those regulations applicable to the residential district. Fences, solid walls and hedges in the minimum front yard setback may be allowed through Site Plan Review or as part of a Planned Unit Development as determined appropriate by the City Council based on site suitability to allow for additional screening and/or as a buffer for noise reduction. -35. Electric Fences and Barbs or Spikes on Fences. No above grade fence shall have barbs or spikes or be of metal construction, which is charged or connected with electrical current within any district of the City. These fencing types shall only be permitted through a Conditional Use Permit. 46. Placement of Fences Along Lot Lines. Fences may be placed along lot lines provided no damage of any kind results to the abutting property. -57. Direction of Fence Facing. That side of the fence considered to be the face (facing as applied to fence posts) shall face toward adjoining property. 68. Fences in Public Rights -of -way. No fence, wall or hedge may be placed in a public right-of-way. -79. Fences in Non -Residential Situations and Exceptional and Unusual Circumstances in Residential Districts. Deviation from these requirements for fences, walls and landscape screening may be permitted after Planning Commission review and Council approval of a site plan with documentation showing the unusual circumstances justifying the proposed deviation and plans for the proposed fence, wall, or landscape screening. This provision is intended to allow flexibility in meeting the purpose and intent of this subdivision without the necessity of proving a hardship as is required in the variance procedure. The objective of this provision is to improve the livability, appearance, and security of properties and their relationships to one another. 10. Fences which are temporary in nature shall be allowed seasonally for the purpose of protecting_ gardens or lawns from natural elements. Temporary fences that are 48 inches or less shall be allowed without a zoning permit and temporary fences over 48 inches are prohibited. Other purposes for temporary fencing may be permitted on a case -by -case review subject to the approval of the Zoning Administrator. Temporary fencing may be installed for a duration not to exceed 150 days. Examples of temporary fencing materials allowed are snow or safety fence (i.e. plastic), silt fence (i.e. fabric), or wire fence. Temporary fencing shall be subject to all other fence regulations listed within the ordinance. Silt fencing or fencing utilized at a construction site associated with an active rg ading and erosion control or building permit issued by the City is allowed as an exception to this provision for duration and height. Temporary fencing installed in conjunction with a City permit is subject to removal prior to the final inspection. SECTION 2. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this day of , 2023, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS :A ATTEST: Julie Hanson, City Clerk David Grant, Mayor Attachment B PC AGENDA ITEM — 3A 'It ,ARZEN HILLS MEMORANDUM DATE: August 9, 2023 TO: Planning Commission Chair and Commissioners FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-013 — Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendments — Chapter 13, Section 1325.05 - Design Standards, Subdivision 4.1) — Fencing Requested Action The City of Arden Hills is proposing ordinance language in the Zoning Ordinance that will add language in the city code to identify criteria between a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts. The proposed amendments to City Zoning Code Chapter 13 are within Section 1325.05, Subd 4.1), Fences. Background At their February 21st work session, the City Council had a preliminary discussion on if, or how, City ordinances may be restrictive to residents wanting to remodel or add -on to their home. City staff was directed to survey neighboring cities to compare Arden Hills' residential setback requirements. Additionally, city staff was asked to assemble a list of previously identified code amendments to allow for further Council discussion to occur on the prioritization of amendment reviews. City staff brought back the requested information to the City Council at their April 17th meeting. Staff provide a list of ordinance amendments that were previously tasked to proceed directly to the Planning Commission for the first review once a Senior Planner was onboard and as staff time allowed. While others would need to be brought back to the City Council for further discussion and direction at a future work session. Below is the list of ordinance amendments that were part of the City Council work session discussion: Planning Commission • Fences (i.e. Temporary and Permanent, Definitions and Standards) • Zoning Amendments for consistency with 2040 Comprehensive Plan City Council Work Session Page 1 of 4 • Infill Development (i.e. Land Disturbance and Fill, Height of Buildings, Tree Clearing, Sight Lines, Character of Neighborhood) • Rental Properties (i.e. Rental Registration/Licensing, Rental Cap, Short Term Rentals) • Signage o Council has tasked to the Economic Development Commission for first review. • Corner Lot Setbacks • Accessory Structures (i.e. residential maximum size allowed) • EV Charging Stations The City Council consensus was to proceed with the above amendments as outlined. Staff was directed to bring forward the fence ordinance amendments to the Planning Commission for the first review and to hold a public hearing. Following the public hearing, the draft ordinance language with recommendation of the Planning Commission would be brought to the City Council for subsequent discussion and adoption. Overview of Ordinance Amendments Staff has prepared a draft ordinance showing language to be added in red font for your review (Attachment A). The proposed amendments are intended to establish criteria for evaluating residential fences and identify factors between a temporary and permanent fence. Currently, the city code is absent of any language differentiating the two which means that all fences are subject to a zoning permit. City staff has had requests to install a temporary fence for reasons such as a snow barrier or as protection around grass seed. The proposed language would also establish a time limitation for how many days temporary fencing could be erected on a property. Lastly, the city code does not have a maximum height specification for fences in business or industrial zoning districts. The proposed language establishes a maximum height and allows the City to grant flexibility based on site suitability as a buffer or screening. The proposed amendments to City Zoning Code Chapter 13 are within Section 1325.05, Subd 4.D, Fences. Pronosed Ordinance Language: 1) Amend Section 1320.05 Design Standards, Subd. 4 Screening, D. Fence Regulations a. Add Section 1325.05.Subd. 4. D. 3 - Fences in residential districts shall be comprised of chain -link, aluminum, wood, vinyl, composite, or other material as approved by the Zoning Administrator. Alternate fencing materials may be allowed in business and industrial zoning districts subject to conformance with Section 1325.05. b. Add Section 1325.05.Subd. 4. D. 4 - Height of Fences in Business and Industrial Districts. Fences may p to eight (8) feet in height in the side and rear yards Lip to the front building line of the principal structure. Fences abutting residential districts shall conform to those regulations applicable to the residential district. Fences, solid walls and hedges in the minimum front yard setback may be allowed through Site Plan Review or as part of a Planned Unit Development as determined appropriate by the City Council based on site suitability to allow for additional screening and/or as a buffer for noise reduction. Page 2 of 4 c. Add Section 1325.05.Subd. 4. D. 10 - Fences which are temporary in nature shall be allowed seasonally for the purpose of protecting_ gardens or lawns from natural elements. Temporary fences that are 48 inches or less shall be allowed without a zoning permit and temporary fences over 48 inches are prohibited. Other purposes for temporary fencing may permitted on a case -by -case review subject to the approval of the Zoning Administrator. Temporary fencing may be installed for a duration not to exceed 120 days. Examples of temporary fencing materials allowed are snow or safety fence (i.e. plastic), silt fence (i.e. fabric), wire fence. Temporary fencing shall be subject to all other fence regulations listed within the ordinance. Silt fencing associated with an active grading and erosion permit issued the City is exempt from a zoning permit as a temporary fence_ An ordinance amendment to the Zoning Code does require a public hearing before the Planning Commission. Additional Review N/A Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. The City of Arden Hills is proposing to amend ordinance language to create design and materials standards for fences in residential zoning districts. 2. The proposed ordinance would create language for evaluating a temporary fence in all zoning districts. 3. The proposed ordinance will add a maximum height design standard for fences in the business and industrial zoning districts. 4. The proposed ordinance will include amendments to the language of the City Code to Chapter 13 — Zoning Code within Section 1325.05, Subd. 4 for Fences. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Options and Motion Language Staff has provided the following options and motion language for this case. Recommend Approval: Motion to recommend approval of Planning Case 23-013 as presented for Zoning Code Amendments to Chapter 13 in Section 1325.05- Subd. 4.13 of the Arden Hills City Code to add language in the city code establishing criteria for a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts as presented in the August 9, 2023 Report to the Planning Commission. • Recommend Approval with Amendments: Motion to recommend approval of Planning Case 23-013 as presented for Zoning Code Amendments to Chapter 13 in Section Page 3 of 4 1325.05- Subd. 4.1) of the Arden Hills City Code to add language in the city code establishing criteria for a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts, based on the findings of fact and August 9, 2023 Report to the Planning Commission with amendments: a specific reason should be included with all amendments. Recommend Denial: Motion to recommend denial of Planning Case 23-013 as presented for Zoning Code Amendments to Chapter 13 in Section 1325.05- Subd. 4.1) of the Arden Hills City Code to add language in the city code establishing criteria for a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts: findings to deny should specifically reference the reasons for denial. Table: Motion to table Planning Case 23-013 as presented for Zoning Code Amendments to Chapter 13 in Section 1325.05- Subd. 4.1) of the Arden Hills City Code to add language in the city code establishing criteria for a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts: the Planning Commission should identify a specific reason and/or information request should be included with a motion to table. Public Notices A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on July 28, 2023. The City has not received any public comments regarding this case. Attachments A. Draft Fence Redlined Ord. Amendment Page 4 of 4 '�Tt -ADI�EN HILLS Approved: Attachment C CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, AUGUST 9, 2023 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Paul Vijums called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Paul Vijums, Commissioners Brad Bjorklund, Shelley Blilie, Joshua Collins, Kurtis Weber, and Jonathan Wicklund. Absent: Commissioner Arlene Mitchell. Also present were: Community Development Director Jessica Jagoe, Senior Planner Elena Fransen and Councilmember Emily Rousseau. APPROVAL OF AGENDA — AUGUST 9, 2023 Commissioner Wicklund moved, seconded by Commissioner Weber, to approve the August 9, 2023, agenda as presented. The motion carried unanimously (6-0). APPROVAL OF MINUTES June 7, 2023 — Planning Commission Regular Meeting Commissioner Weber moved, seconded by Commissioner Wicklund, to approve the June 7, 2023, Planning Commission Regular Meeting as presented. The motion carried unanimously (6-0). PLANNING CASES A. Planning Case 23-013; Zoning Code Amendment to Chapter 13, Section 1325.05, Design Standards — Fences — Public Hearing Senior Planner Fransen stated at their February 21 st work session, the City Council had a preliminary discussion on if, or how, City ordinances may be restrictive to residents wanting to remodel or add -on to their home. City staff was directed to survey neighboring cities to compare ARDEN HILLS PLANNING COMMISSION — August 9, 2023 2 Arden Hills' residential setback requirements. Additionally, city staff was asked to assemble a list of previously identified code amendments to allow for further Council discussion to occur on the prioritization of amendment reviews. City staff brought back the requested information to the City Council at their April 17th meeting. Staff provide a list of ordinance amendments that were previously tasked to proceed directly to the Planning Commission for the first review once a Senior Planner was onboard and as staff time allowed. While others would need to be brought back to the City Council for further discussion and direction at a future work session. Staff reviewed the proposed list of ordinance amendments that were part of the City Council work session discussion. Senior Planner Fransen explained the City Council consensus was to proceed with the proposed amendments as outlined. Staff was directed to bring forward the fence ordinance amendments to the Planning Commission for the first review and to hold a public hearing. Following the public hearing, the draft ordinance language with recommendation of the Planning Commission would be brought to the City Council for subsequent discussion and adoption. Senior Planner Fransen reviewed the Overview of Ordinance Amendments and provided the Findings of Fact for review: 1. The City of Arden Hills is proposing to amend ordinance language to create design and materials standards for fences in residential zoning districts. 2. The proposed ordinance would create language for evaluating a temporary fence in all zoning districts. 3. The proposed ordinance will add a maximum height design standard for fences in the business and industrial zoning districts. 4. The proposed ordinance will include amendments to the language of the City Code to Chapter 13 — Zoning Code within Section 1325.05, Subd. 4 for Fences. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 23-013 for Zoning Code Amendments to Chapter 13 Section 1325.05 — Subd. 4D of the Arden Hills City Code for Fences: 1. Recommend Approval 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Bjorklund commented on the language regarding allowed building materials and asked why shrubbery, concrete, brick, stucco or masonry fencing was not allowed. Community Development Director Jagoe explained staff did look at adjacent communities ordinances to see what community standards they had in place for fences. She explained she did not exclude any building materials, but rather those were less commonly seen fencing options and could be reviewed by staff on a case by case basis. She noted if there were fencing options ARDEN HILLS PLANNING COMMISSION — August 9, 2023 3 the Planning Commission did not want to see, the Commission could make this known to staff and the City Council. Commissioner Weber believed a brick or masonry fence would be addressed under the wall portion of City Code. Community Development Director Jagoe reported this was the case. Commissioner Weber noted living hedges were addressed within the proposed ordinance. He asked if a chicken wire fence around a garden was guided by this ordinance. Community Development Director Jagoe stated chicken wire fencing would be allowed as a temporary fence. Commissioner Weber supported chicken wire fencing being in place for more than 120 days because a garden's growing season was closer to five or six months. Community Development Director Jagoe reported this portion of the code language could be amended. Commissioner Bjorklund stated he was concerned with the cost for a fence permit. He believed that his existing chicken wire fence for his garden was not off putting to his neighbors. He feared that other types of fences would be exclusionary. Senior Planner Fransen explained a fence permit would cost residents $65. Commissioner Bjorklund supported the City having fee waivers in place for existing permanent chicken wire fences that are in place around gardens. Chair Vijums suggested permanent fencing be discussed at a future date. He noted this ordinance addressed temporary fencing. He asked how staff came about with the 120 day time limit for temporary fencing. Community Development Director Jagoe stated staff set this parameter based on the seasonality of the described temporary fencing types. Chair Vijums supported the length of time for temporary fences being closer to six months than 120 days. He believed this made more sense for garden fencing and snow fencing. Commissioner Weber commented on the seasonality of snow fencing and how they may be in place longer than 120 days. He supported snow fences being taken down when the snow melts. Chair Vijums suggested temporary fences be allowed for 150 days. The Commission was in agreement with this recommendation. Commissioner Bjorklund recommended staff consider drafting language on how to address temporary fencing that surrounded major construction sites. ARDEN HILLS PLANNING COMMISSION — August 9, 2023 4 Community Development Director Jagoe commented on how the ordinance language could be amended to allow for temporary fencing to be in place for grading projects and major construction sites. She reported the last sentence in the third bullet point could read: silt and or construction fencing associated with a permit issued by the City is exempt from a zoning permit as a temporary fence. Chair Vijums supported this language change. Chair Vijums opened the public hearing at 6:57 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. There being no comments Chair Vijums closed the public hearing at 6:57 p.m. Commissioner Weber moved and Commissioner Biorklund seconded a motion to recommend approval with amendments of Planning Case 23-013 for Zoning Code Amendments to Chapter 13 in Section 1325.05- Subd. 4.1) of the Arden Hills City Code to add language in the city code establishing criteria for a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts as presented in the August 9, 2023 Report to the Planning Commission with draft ordinance language changes to allow temporary fencing to be in place for 150 days and for the last sentence of the third bullet point to read: silt and or construction fencing associated with a permit issued by the City is exempt from a zoning permit as a temporary fence. The motion carried unanimously (6-0). B. Planning Case 23-014; Zoning Code Amendment to Chapter 13, Section 1325.02, Accessory Uses — Lower -Potency Hemp Edible Sales — Public Hearing Community Development Director Jagoe stated 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 tetrahydrocannabinol (a derivative of hemp). The amendment was enacted with very few regulations in place. Several cities adopted a moratorium in order to allow adequate time to study the matter. On August 22, 2022, the City of Arden Hills adopted Interim Ordinance 2022-006 establishing a one-year moratorium prohibiting the sale, testing, manufacturing, and distribution of products containing tetrahydrocannabinol (THC). 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. Interim Ordinance 2022-006 will expire on August 22, 2023. Community Development Director Jagoe reported as of May 31, 2023, there has also been a recent state law change relating to adult use marijuana/cannabis. This state law includes language for cities to have the authority to impose a moratorium on the sale of full-strength products until January 1, 2025 in order to allow further review and future discussions as the new law continues to be interpreted. The Office of Cannabis Management (OCM) is still taking shape and they will license retailers. Cities will be required to register local adult cannabis retailers and conduct compliance checks. 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The City Council will be asked to make a formal decision regarding the application under Agenda Item 11 B. Background 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 tetrahydrocannabinol (a derivative of hemp). The amendment was enacted with very few regulations in place. Several cities adopted a moratorium in order to allow adequate time to study the matter. On August 22, 2022, the City of Arden Hills adopted Interim Ordinance 2022-006 establishing a one-year moratorium prohibiting the sale, testing, manufacturing, and distribution of products containing tetrahydrocannabinol (THC). 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. Interim Ordinance 2022-006 will expire on August 22, 2023. As of May 31, 2023, there has also been a recent state law change relating to adult use marijuana/cannabis. This state law includes language for cities to have the authority to impose a Page 1 of 6 moratorium on the sale of full strength products until January 1, 2025 in order to allow further review and future discussions as the new law continues to be interpreted. The Office of Cannabis Management (OCM) is still taking shape and they will license retailers. Cities will be required to register local adult cannabis retailers and conduct compliance checks. Eventually, the OCM will have sample language and forms to provide to cities. The City Council directed city staff at their work session on July 17, 2023, to work with the City Attorney's Office to prepare the ordinance language for a moratorium prohibiting the sale of Adult Use Cannabis products as allowed under the state law. Staff anticipates this discussion will be reviewed by the City Council at their second regular meeting in August. For this discussion, the City Council is being asked to review and consider ordinance language as it relates solely to lower -potency THC products. 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. Without any changes to the city code after August 22, 2023, a business could begin selling lower -potency hemp products as part of their retail operations. The following explains lower -potency edible cannabinoid products (per the Minnesota Department of Health): • Beverages can have up to 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. o Each serving must be scored, wrapped, or another indicator which clearly distinguishes each serving. o 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. Page 2 of 6 At your June 201h and July 17th work sessions, the City Council discussed options for how the City may move forward with regulating the sales of lower -potency hemp edibles when the moratorium expires. The general consensus of the City Council was to establish a new land use classification specific to the sale of lower -potency hemp edibles in our commercial zoning districts mainly along Lexington Avenue at the initial onset with a separation of land use from schools, day cares, parks, etc. as allowed by State Statute. Staff worked with the City Attorney's Office to prepare a draft ordinance reflective of their comments. The City Council reviewed the first draft ordinance at the July meeting. During that discussion, the Council considered other types of land uses in addition to Retail Sales and Service that might have the potential of selling lower -potency hemp products such as a gas station or a restaurant. Staff confirmed that the draft ordinance as written would not include these types of businesses since they are a separate land use type. However, a liquor store may qualify as a retail land use. Staff provided an overview of existing retail businesses along Lexington Avenue within the B-3, General Business District as well as the area along County Road E between Lexington Avenue and Snelling Avenue that falls under the B-2, General Business Zoning District. Under the city code, Retail Sales and Service is a permitted use in the following zoning districts: B-2 - General Business, B-3 - Service Business, and B-4 - Retail Center. For the City Council, staff has included with this report several maps identifying the parcels located within each of these zoning districts (Attachment Q. The new State law and any future ordinance change would apply to both existing and new businesses in Arden Hills. The main topics of discussion during the work session were the delineation of where lower - potency hemp sales would be allowed (ex. B-2 and/or B-3 zoning districts) and regulating solely as an accessory use to a retail business. The City Council directed staff to bring forward the proposed ordinance to the Planning Commission for the first review and to hold a public hearing in order to solicit your recommendation on this language. Following the public hearing, the draft ordinance language with the recommendation of the Planning Commission would be brought to the City Council for subsequent discussion and adoption. It was noted to the Planning Commission that at the subsequent regular City Council meeting, a Councilmember commented that the upcoming lower -potency hemp discussions should also consider allowing the ability to sell as an accessory use for Service Stations and potentially within the Gateway Business District. Overview of Ordinance Amendments Staff has prepared a draft ordinance identifying language to be added for the City Council's review (Attachment A). The proposed ordinance would add a new land use type for the sale of lower - potency hemp edibles. As drafted based on the Planning Commission amendments, the City would allow as a conditional accessory use only to businesses with a principal Retail Sales and Service, Restaurant or Service Station land use in the B-2, B-3, B-4, and GB Zoning Districts. This means there could not be a standalone shop (i.e. principal use) exclusively selling lower -potency hemp products and any business interested in selling lower -potency products would need to come before the Planning Commission and City Council for a Conditional Use Permit. The draft language includes a requirement for a distance separation of a lower -potency sales operation to schools, day cares, residential treatment facilities, and public parks as allowed by State Statute. With the staff report, staff has prepared maps by zoning district that show the Page 3 of 6 potential overlap of parcels which might trigger the distance separation (Attachment D). The blue outline around the parcels is the 500 or 1000-foot distance around that zoning district. The green outline is the overlap of a parcel within that zoning district that is operating either a school, day care, or public park. Only the portion of the green area that overlaps within the zoning district would not be eligible for the sale of lower -potency hemp edibles. The presence of a parcel within the specific distance operating one of those land uses would not preclude the entire district. Planning staff has confirmed with the City Attorney that the distance for separation of uses is most often times measured from property line to property line. A rationale for administering this provision in this manner is that kids may be present on an entire property (ex. playground), not just inside a building. The City Council should discuss if this is how city staff would continue to analyze the separation of uses. As shown in Attachment D for the Gateway Business Zoning District there is a unit in Arden Manor that is operating a licensed day care. Staff has shown two examples measuring 500 feet. The first example is as measured from the structure (i.e. area owned by the day care provider), not from the underlying property line of Arden Manor. The second is the measurement from the property line to property line. In example one, staff was able to measure from the structure within Arden Manor primarily due to the fact these units have individual parcel ID's as recorded with the Ramsey County Recorder's Office. It would be challenging to measure from unit to unit in scenarios that are leased multi -tenant spaces like those along Lexington Avenue where for recorded purposes the site functions as one building. Additionally, if the separation of use was measured to the unit rather than the property line in multi -tenant leased spaces, only a portion of the building may be excluded. In this scenario, there could be the potential of a unit that is excluded from selling lower -potency hemp edibles adjacent to a unit that would comply outside of the 500 feet within the same building. Lastly, the Planning Commission was split in their deliberation on whether or not to recommend language on allowing Lower -Potency Hemp Edible Sales as a principal use and removing the distance separation. Their motion reflects their unanimous recommendation to expand the zoning districts where lower -potency hemp edibles sales would be allowed, and to remain as an accessory use, but to also include that allowance for restaurants and service stations. The applicable Sections to be amended are as follows: • Section 1305.04, Zoning Code Definitions • Section 1320.05, Land Use Chart in the B-2, B-3, B-4, and GB Zoning Districts • Section 1325.02, Accessory Uses Proposed Ordinance Lane: 1) Add definitions relevant to the Sale of Lower -Potency Hemp Edibles a. Hemp Concentrate b. Hemp -Derived Consumer Product c. Hemp Plant d. Lower -Potency Hemp Edible e. Lower -Potency Hemp Edible Sales f. Nonintoxicating Cannabinoid Page 4 of 6 2) Land Use Chart within Section 1320.05 would be amended to include Lower -Potency Hemp Edible Sales: a. Add a land use category for Lower -Potency Hemp Edible Sales as a Conditional and Accessory Use under the B-2, B-3, B-4, and GB Zoning Districts. 3) Amend Section 1325.02, Accessory Uses a. Create a new Subdivision 6 that establishes the requirements and criteria for Lower - Potency Hemp Edible Sales as an accessory use on a property where the principal use is Retail Sales & Service, Restaurant, or Service Station. Proposed language: A. Lower -Potency Hemp Edible Sales shall be a Conditional Accessory use only permitted in the B-2 General Business, B-3 Service Business, B-4 Retail Business, and GB Gateway Business Zoning Districts. B. Applicants for Conditional Accessory Lower -Potency Hemp Edible Sales shall follow the conditional use permit procedures prescribed in Section 1355.04, subd. 3, and Appendix A, Procedure Manual. The City shall review a site plan and specifics of the proposed lower -potency heMp edibles business and may issue the permit subject to, but not limited to, the following, requirements: 1. Lower -potency hemp edible sales shall only be permitted as an accessory use on a Subject Property where the principal use is Retail Sales & Service, Restaurant, or Service Station, and when such accessory use is clearly incidental to the principal use. 2. The Subject Property shall not be located within 1,000 feet of any school. 3. The Subject Property shall not be located within 500 feet of any property providing day care or residential treatment services, or an attraction within a public park that is regularly used by minors including a playground or athletic field. 4. No lower -potency hemp edible sales shall occur between the hours of 10:00 p.m. and 8:00 a.m. the following day. Planning Commission Review The Planning Commission reviewed this application at the August 9, 2023 meeting. The Commission voted 6-0 (Commissioner Mitchell was absent) to recommend approval of Planning Case 23-014 with amendments. The Commission added amendments to recommend adding Lower -Potency Hemp Edible Sales as a Conditional Accessory use in the B-2, B-4 and GB Zoning Districts and to permit Lower -Potency Hemp Edible Sales as an accessory use on a Subject Property where the principal use is also a Restaurant or a Service Station. The Commission discussed allowing Lower -Potency Hemp Edible Sales as a principal use and reducing/removing the distance separation for subject properties and asked the City Council to consider these points as part of the ordinance review. Public Notice and Comments Page 5 of 6 A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on August 17, 2023. The City has not received any public comments regarding this case. Attachments A) Draft THC Ordinance Amendment B) Zoning Map C) Maps by Zoning District D) Distance Separation Exhibits E) Planning Commission Memo F) Draft Planning Commission Minutes G) Presentation Page 6 of 6 'It -ARPEN HILLS ORDINANCE NO.2023-009 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment A AN ORDINANCE AMENDING CHAPTER 13, OF THE ARDEN HILLS CITY CODE CONCERNING THE SALE OF LOWER -POTENCY HEMP EDIBLES THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 — Zoning Code, Section 1305 — Rules, Scope, Interpretation, & Definitions, Subsection 1305.04 - Definitions, is hereby amended adding the following underlined definitions: • Hemp Concentrate. The extracts and resins of a hemp plant or hemp plant parts, including when refined to increase the presence of targeted cannabinoids or when intended to be consumed by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product. • Hemp -Derived Consumer Product. A product intended for human or animal consumption, does not contain cannabis flower or cannabis concentrate, and containing or consisting of hemp plant parts; or containing hemp concentrate or artificially derived cannabinoids in combination with other ingredients. Hemp Plant. All parts of the plant of the genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. • Lower -Potency Hemp Edible. Any product that (1) is intended to be eaten or consumed as a beverage by humans; (2) contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; (3) is not a drug; (4) consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any combination of those cannabinoids that does not exceed the identified amounts; (5) does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving(6) does not contain an artificially derived cannabinoid other than delta- 9 tetrahydrocannabinol; (7) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and (8) is a type of product approved for sale by the Office of Cannabis Management or is substantially similar to a product approved by that Office, including but not limited to products that resemble nonalcoholic beverages, candy, and baked ,goods. Lower -Potency Hemp Edibles includes "edible cannabinoid products" as defined by Minn. Stat. § 151.72. Lower - potency heMp edibles do not include products containing only nonintoxicating cannabinoids. aa7oisvz • Lower -Potency HeMp Edible Sales. The processing or sale of lower -potency hemp edibles or hemp -derived consumer products • Nonintoxicating Cannabinoid. A cannabinoid that when introduced into the human body does not impair the central nervous system and does not impair the human audio, visual, or mental processes. Nonintoxicating cannabinoid includes but is not limited to cannabidiol (CBD) and cannabi - eg rol (CBG) but does not include any artificially derived cannabinoid and must contain less than 0.3% tetrahydrocannabinol (THC). SECTION 2. Chapter 13 — Zoning Code, Section 1320 — District Provisions, Subsection 1320.05 — Land Use Chart, is hereby amended by replacing the chart in its entirety as follows: 1320.05 Land Use Chart. See attached Attachment "A" for the Land Use Chart with the addition of lower -potency hemp edible sales as a Conditional Accessory Use in the B-2, B-3, B-4, and GB Zoning Districts. SECTION 3. Chapter 13 — Zoning Code, Section 1325.02 Accessory Uses, is hereby amended by adding a Subdivision 6 as follows: Subd. 6 Lower -Potency HeMp Edible Sales. A. Lower -Potency Hemp Edible Sales shall be a Conditional Accessory use only permitted in the B-2 General Business, B-3 Service Business, B-4 Retail Business, and GB Gateway Business Zoning Districts. B. Applicants for Conditional Accessory Lower -Potency Hemp Edible Sales shall follow the conditional use permit procedures prescribed in Section 1355.04, subd. 3, and Appendix A, Procedure Manual. The City shall review a site plan and specifics of the proposed lower -potency hemp edibles business and may issue the permit subject to, but not limited to, the following requirements: 1. Lower -potency hemp edible sales shall only be permitted as an accessory use on a Subject Property where the principal use is Retail Sales & Service, Restaurant, or Service Station, and when such accessory use is clearly incidental to the principal use. 2. The Subject Property shall not be located within 1,000 feet of any school. 3. The Subject Property shall not be located within 500 feet of any property_ providing day care or residential treatment services, or an attraction within a public park that is regularly used by minors including a playground or athletic field. 4. No lower -potency hemp edible sales shall occur between the hours of 10:00 p.m. and 8:00 a.m. the following day SECTION 4. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. aa7oisvz PASSED and ADOPTED this day of 2023, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk 227oisv2 ATTACHMENT "A" 1320.06 Land Use Chart.(revised OMV23) ®®®®®®®®®®®®®®®®® 2270isv2 1320.05 Land Use C hart.(revised 08128123) �iiiii���i■iiii■�i �iiii■i��i■■■ice■�i ���i�iiiii■iiii■�i �iiiiiiiiiiiiii■�i �iiii■���ii■���■ii �iii�i�iiiiiiii■�i ����■i�iiiiiii■�i �iiii■i���■■■■ii�i �iiii■i��i■■���iii �iiiiii��i■iiii■�i �iiiiii��ii■■■i■�i �iiiii��iiiii�i■ii �iiii■����■iiii■ii �iiii■���i■iiii■�i �iiiiiiiiiii■■iiii 'A" = Aoxssoryr 'CA' = Canditio nal Accessary Use Permit 'C' = Canditio nal Use Permit 'd'= Planned Unit '1"= Interim Use Permit 'P" = Permitted = Nat Permitted 227015v2 B-2 Zoning District I Attachment C r ]f r,;;nN Rr-ad F 1.6 LU 7/13/2023, 11:34:17 AM r••—ti Tax Parcels _Query result Cities Personal Property County Offices Tax Parcels rT LOFQ4 PW'YE/ r 1� 1:8,000 0 0.05 0.1 0.2 mi 0 0.1 0.2 0.4 km Ramsey County Ramsey County MN 6-3 Zoning District 01 'J1 M. 7/14/2023, 7:57:35 AM r••—ti Tax Parcels _Query result Cities Personal Property County Offices Tax Parcels tjl 1:8,000 0 0.05 0.1 0.2 mi 0 0.1 0.2 0.4 km Ramsey County Ramsey County MN B-4 Zoning District 7/13/2023, 11:26:31 AM 0 Tax Parcels _Query result-2 Personal Property Tax Parcels r••—ti �••—•! Cities County Offices Liirrj& Pw1d 1:8,000 0 0.05 0.1 0.2 mi 0 0.1 0.2 0.4 km Ramsey County Ramsey County MN GB Zoning District ii iI z,t.r�al r.l It i r I L_ N 8/23/2023, 11:28:31 AM r••—ti Tax Parcels _Query result Cities Personal Property County Offices Tax Parcels Ira 1:8,000 0 0.05 0.1 0.2 mi 0 0.1 0.2 0.4 km Ramsey County Ramsey County MN 17 tl ti 0 feet — Daoy Care Attachment D Gateway Business Zoning District F# 500 feet — Residential Licensed Day A, Care ex. Arden Manor ;10 L-;ke 11 V- M LIZI, nr II C7al Gateway Business Zoning District to B-2 Zonine District 37 as Olson _I 500 feet — Public Park FIreeway Park outside 500 feet 1000 feet — N/A B-3 Zoning District 10 B-4 Zoning District — No Schools, Dav Cares, Licensed Treatment Facilities or Public Parks within Distance for Separation of Uses Liro& F Attachment E PC Agenda Item — 3B ,`iRZEN HILLS MEMORANDUM DATE: August 9, 2023 TO: Planning Commission Chair and Commissioners FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-014 — Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendments — Chapter 13, Sale of Lower -Potency Hemp Edibles Requested Action The City of Arden Hills is proposing ordinance language in the Zoning Code to define and allow for the accessory sales of lower -potency hemp edible sales as a conditional use within the B-3, Service Business Zoning District. The proposed amendments to City Zoning Code Chapter 13 are within the following Sections: • Section 1305.04, Zoning Code Definitions • Section 1320.05, Land Use Chart in the B-3, Service Business Zoning District • Section 1325.02, Accessory Uses Background 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 tetrahydrocannabinol (a derivative of hemp). The amendment was enacted with very few regulations in place. Several cities adopted a moratorium in order to allow adequate time to study the matter. On August 22, 2022, the City of Arden Hills adopted Interim Ordinance 2022-006 establishing a one-year moratorium prohibiting the sale, testing, manufacturing, and distribution of products containing tetrahydrocannabinol (THC). 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. Interim Ordinance 2022-006 will expire on August 22, 2023. As of May 31, 2023, there has also been a recent state law change relating to adult use marijuana/cannabis. This state law includes language for cities to have the authority to impose a moratorium on the sale of full strength products until January 1, 2025 in order to allow further Page 1 of 6 review and future discussions as the new law continues to be interpreted. The Office of Cannabis Management (OCM) is still taking shape and they will license retailers. Cities will be required to register local adult cannabis retailers and conduct compliance checks. Eventually, the OCM will have sample language and forms to provide to cities. The City Council directed city staff at their work session on July 17, 2023, to work with the City Attorney's Office to prepare the ordinance language for a moratorium prohibiting the sale of Adult Use Cannabis products as allowed under the state law. Staff anticipates this discussion will be reviewed by the City Council at their second regular meeting in August. For this discussion, the Planning Commission is being asked to review and consider ordinance language as it relates solely to lower -potency THC products. 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. Without any changes to the city code after August 22, 2023, a business could begin selling lower -potency hemp products as part of their retail operations. The following explains lower -potency edible cannabinoid products (per the Minnesota Department of Health): • Beverages can have up to 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. o Each serving must be scored, wrapped, or another indicator which clearly distinguishes each serving. o 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. Page 2 of 6 At their June 20t' and July 17t' work sessions, the City Council discussed options for how the City may move forward with regulating the sales of lower -potency hemp edibles when the moratorium expires. The general consensus of the City Council was to establish a new land use classification specific to the sale of lower -potency hemp edibles in our commercial zoning districts mainly along Lexington Avenue at the initial onset with a separation of land use from schools, day cares, parks, etc. as allowed by State Statute. Staff worked with the City Attorney's Office to prepare a draft ordinance reflective of their comments. The City Council reviewed the first draft ordinance at their July meeting. During that discussion, the Council considered other types of land uses in addition to Retail Sales and Service that might have the potential of selling lower -potency hemp products such as a gas station or a restaurant. Staff confirmed that the draft ordinance as written would not include these types of businesses since they are a separate land use type. However, a liquor store may qualify as a retail land use. Staff provided an overview of existing retail businesses along Lexington Avenue within the B-3, General Business District as well as the area along County Road E between Lexington Avenue and Snelling Avenue that falls under the B-2, General Business Zoning District. Under the city code, Retail Sales and Service is a permitted use in the following zoning districts: B-2 - General Business, B-3 - Service Business, and B-4 - Retail Center. For the Planning Commission, staff has included with this report several maps identifying the parcels located within each of these zoning districts (Attachment Q. The new State law and any future ordinance change would apply to both existing and new businesses in Arden Hills. The main topics of discussion during the work session were the delineation of where lower - potency hemp sales would be allowed (ex. B-2 and/or B-3 zoning districts) and regulating solely as an accessory use to a retail business. The City Council directed staff to bring forward the proposed ordinance to the Planning Commission for the first review and to hold a public hearing in order to solicit your recommendation on this language. Following the public hearing, the draft ordinance language with the recommendation of the Planning Commission would be brought to the City Council for subsequent discussion and adoption. If the Commission has any suggested change(s) to the draft language that should be brought forward as part of the motion language. It should be noted that at the subsequent regular City Council meeting, a Councilmember commented that the upcoming lower -potency hemp discussions should also consider allowing the ability to sell as an accessory use for Service Stations and potentially within the Gateway Business District. Overview of Ordinance Amendments Staff has prepared a draft ordinance identifying language to be added for the Planning Commission's review (Attachment A). The proposed ordinance would add a new land use type for the sale of lower -potency hemp edibles. As drafted, the City would allow as a conditional accessory use only to businesses with a principal Retail Sales and Service land use in the B-3 Zoning District. This means there could not be a standalone shop exclusively selling lower - potency hemp products and any business interested in selling lower -potency products would need Page 3 of 6 to come before the Planning Commission and City Council for a Conditional Use Permit. The draft language would require a distance separation of a lower -potency sales operation to schools, day cares, residential treatment facilities, and public parks as allowed by State Statute. The applicable Sections to be amended are as follows: • Section 1305.04, Zoning Code Definitions • Section 1320.05, Land Use Chart in the B-3, Service Business Zoning District • Section 1325.02, Accessory Uses Proposed Ordinance Lane: 1) Add definitions relevant to the Sale of Lower -Potency Hemp Edibles a. Hemp Concentrate b. Hemp -Derived Consumer Product c. Hemp Plant d. Lower -Potency Hemp Edible e. Lower -Potency Hemp Edible Sales f. Nonintoxicating Cannabinoid 2) Land Use Chart within Section 1320.05 would be amended to include Lower -Potency Hemp Edible Sales: a. Add a land use category for Lower -Potency Hemp Edible Sales as a Conditional and Accessory Use under the B-3 Zoning District. 3) Amend Section 1325.02, Accessory Uses a. Create a new Subdivision 6 that establishes the requirements and criteria for Lower - Potency Hemp Edible Sales as an accessory use on a property where the principal use is Retail Sales & Service. Proposed language: A. Lower -Potency Hemp Edible Sales shall be a Conditional Accessory use on1X permitted in the B-3 Service Business District. B. Applicants for Conditional Accessory Lower -Potency Hemp Edible Sales shall follow the conditional use permit procedures prescribed in Section 1355.04, subd. 3, and Appendix A, Procedure Manual. The City shall review a site plan and specifics of the proposed lower -potency heMp edibles business and may issue the permit subject to, but not limited to, the following requirements: 1. Lower -potency hemp edible sales shall only be permitted as an accessory use on a Subject Property where the principal use is Retail Sales & Service, and when such accessory use is clearly incidental to the principal use. 2. The Subject Property shall not be located within 1,000 feet of any school. Page 4 of 6 3. The Subject Property shall not be located within 500 feet of any propertX providing day care or residential treatment services, or an attraction within a public park that is regularly used by minors including a playground or athletic field. 4. No lower -potency hemp edible sales shall occur between the hours of 10:00 p.m. and 8:00 a.m. the following day. An ordinance amendment to the Zoning Code does require a public hearing before the Planning Commission. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. The City of Arden Hills is proposing to amend ordinance language to allow for lower - potency hemp edible sales in the zoning code as a conditional accessory use within the B- 3 Zoning District. 2. The proposed ordinance will include amendments to the language of Chapter 13 — Zoning Code, Sections 1305.04 - Definitions, 1320.05 — Land Use Chart, and 1325.02 — Accessory Uses of the City Code. 3. The proposed ordinance amendments will allow lower -potency hemp edible sales as a conditional accessory use where the principal use is Retail Sales & Service. 4. The proposed ordinance amendments are consistent with State law for the City's authority to regulating the sale of lower -potency hemp edibles under the zoning code. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 6. If the zoning amendments were approved, an Applicant would be required to submit a land use application that would be subject to the formal review process. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. • Recommend Approval: Motion to recommend approval of Planning Case 23-014 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow the Sale of Lower -Potency Hemp Edibles as a Conditional Accessory Use in the B-3, Service Business Zoning District, based on the findings of fact and as presented in the August 9, 2023 Report to the Planning Commission. Page 5 of 6 • Recommend Approval with Amendments: Motion to recommend approval of Planning Case 23-014 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow the Sale of Lower -Potency Hemp Edibles as a Conditional Accessory Use in the B-3, Service Business Zoning District, based on the findings of fact and August 9, 2023 Report to the Planning Commission with amendments: a specific reason should be included with all amendments. • Recommend Denial: Motion to recommend denial Planning Case 23-014 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow the Sale of Lower - Potency Hemp Edibles as a Conditional Accessory Use in the B-3, Service Business Zoning District, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-014 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow the Sale of Lower -Potency Hemp Edibles as a Conditional Accessory Use in the B-3, Service Business Zoning District: a specific reason and information request should be included with a motion to table. Notice A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on July 28, 2023. The City has not received any public comments regarding this case. Attachments A) Draft THC Ordinance Amendment B) Zoning Map C) Maps by Zoning District D) Land Use Chart Page 6 of 6 ARDEN HILLS PLANNING COMMISSION — August 9, 2023 Attachment F Community Development Director Jagoe commented on how the ordinance language could be amended to allow for temporary fencing to be in place for grading projects and major construction sites. She reported the last sentence in the third bullet point could read: silt and or construction fencing associated with a permit issued by the City is exempt from a zoning permit as a temporary fence. Chair Vijums supported this language change. Chair Vijums opened the public hearing at 6:57 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. There being no comments Chair Vijums closed the public hearing at 6:57 p.m. Commissioner Weber moved and Commissioner Biorklund seconded a motion to recommend approval with amendments of Planning Case 23-013 for Zoning Code Amendments to Chapter 13 in Section 1325.05- Subd. 4.1) of the Arden Hills City Code to add language in the city code establishing criteria for a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts as presented in the August 9, 2023 Report to the Planning Commission with draft ordinance language changes to allow temporary fencing to be in place for 150 days and for the last sentence of the third bullet point to read: silt and or construction fencing associated with a permit issued by the City is exempt from a zoning permit as a temporary fence. The motion carried unanimously (6-0). B. Planning Case 23-014; Zoning Code Amendment to Chapter 13, Section 1325.02, Accessory Uses — Lower -Potency Hemp Edible Sales — Public Hearing Community Development Director Jagoe stated 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 tetrahydrocannabinol (a derivative of hemp). The amendment was enacted with very few regulations in place. Several cities adopted a moratorium in order to allow adequate time to study the matter. On August 22, 2022, the City of Arden Hills adopted Interim Ordinance 2022-006 establishing a one-year moratorium prohibiting the sale, testing, manufacturing, and distribution of products containing tetrahydrocannabinol (THC). 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. Interim Ordinance 2022-006 will expire on August 22, 2023. Community Development Director Jagoe reported as of May 31, 2023, there has also been a recent state law change relating to adult use marijuana/cannabis. This state law includes language for cities to have the authority to impose a moratorium on the sale of full-strength products until January 1, 2025 in order to allow further review and future discussions as the new law continues to be interpreted. The Office of Cannabis Management (OCM) is still taking shape and they will license retailers. Cities will be required to register local adult cannabis retailers and conduct compliance checks. Eventually, the OCM will have sample language and forms to provide to cities. The City Council directed city staff at their work session on July 17, 2023, to work with ARDEN HILLS PLANNING COMMISSION — August 9, 2023 5 the City Attorney's Office to prepare the ordinance language for a moratorium prohibiting the sale of Adult Use Cannabis products as allowed under the state law. Staff anticipates this discussion will be reviewed by the City Council at their second regular meeting in August. For this discussion, the Planning Commission is being asked to review and consider ordinance language as it relates solely to lower -potency THC products. Community Development Director Jagoe explained 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. Without any changes to the city code after August 22, 2023, a business could begin selling lower -potency hemp products as part of their retail operations. Staff reviewed the lower -potency edible cannabinoid products (per the Minnesota Department of Health). Community Development Director Jagoe stated at their June 20th and July 17th work sessions, the City Council discussed options for how the City may move forward with regulating the sales of lower -potency hemp edibles when the moratorium expires. The general consensus of the City Council was to establish a new land use classification specific to the sale of lower -potency hemp edibles in our commercial zoning districts mainly along Lexington Avenue at the initial onset with a separation of land use from schools, day cares, parks, etc. as allowed by State Statute. Staff worked with the City Attorney's Office to prepare a draft ordinance reflective of their comments. Community Development Director Jagoe reported the City Council reviewed the first draft ordinance at their July meeting. During that discussion, the Council considered other types of land uses in addition to Retail Sales and Service that might have the potential of selling lower - potency hemp products such as a gas station or a restaurant. Staff confirmed that the draft ordinance as written would not include these types of businesses since they are a separate land use type. However, a liquor store may qualify as a retail land use. Staff provided an overview of existing retail businesses along Lexington Avenue within the B-3, General Business District as well as the area along County Road E between Lexington Avenue and Snelling Avenue that falls under the B-2, General Business Zoning District. Under the city code, Retail Sales and Service is a permitted use in the following zoning districts: B-2 - General Business, B-3 - Service Business, and B-4 - Retail Center. For the Planning Commission, staff has included with this report several maps identifying the parcels located within each of these zoning districts. The new State law and any future ordinance change would apply to both existing and new businesses in Arden Hills. Community Development Director Jagoe stated the main topics of discussion during the work session were the delineation of where lower potency hemp sales would be allowed (ex. B-2 and/or B-3 zoning districts) and regulating solely as an accessory use to a retail business. The City Council directed staff to bring forward the proposed ordinance to the Planning Commission for the first review and to hold a public hearing in order to solicit your recommendation on this language. Following the public hearing, the draft ordinance language with the recommendation of the Planning Commission would be brought to the City Council for subsequent discussion and adoption. If the Commission has any suggested change(s) to the draft language that should be brought forward as part of the motion language. It should be noted that at the subsequent regular City Council meeting, a Councilmember commented that the upcoming lower -potency hemp discussions should also consider allowing the ability to sell as an accessory use for Service Stations and potentially within the Gateway Business District. ARDEN HILLS PLANNING COMMISSION — August 9, 2023 6 Community Development Director Jagoe reviewed the Overview of Ordinance Amendments and provided the Findings of Fact for review: 1. The City of Arden Hills is proposing to amend ordinance language to allow for lower potency hemp edible sales in the zoning code as a conditional accessory use within the B3 Zoning District. 2. The proposed ordinance will include amendments to the language of Chapter 13 — Zoning Code, Sections 1305.04 - Definitions, 1320.05 — Land Use Chart, and 1325.02 — Accessory Uses of the City Code. 3. The proposed ordinance amendments will allow lower -potency hemp edible sales as a conditional accessory use where the principal use is Retail Sales & Service. 4. The proposed ordinance amendments are consistent with State law for the City's authority to regulating the sale of lower -potency hemp edibles under the zoning code. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 6. If the zoning amendments were approved, an Applicant would be required to submit a land use application that would be subject to the formal review process. Community Development Director Jagoe reviewed the options available to the Planning Commission for Planning Case 23-014 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow the Sale of Lower -Potency Hemp Edibles: 1. Recommend Approval 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Weber supported the ordinance being opened up a bit more. He believed residents should be able to have an edible at eating establishments that have a liquor license. He feared that limiting the location for these shops should be reconsidered by the City because a lot of money could come to the City through the sales of THC products. Commissioner Wicklund questioned if B-2 and service stations could be added to the allowed zoning districts. Community Development Director Jagoe stated this could be recommended as part of the ordinance language if the Commission was in agreement. She explained the Commission should discuss what other type of land uses would allow this use as an accessory use. Commissioner Wicklund inquired if the 500 feet was measured from property line to property line. Community Development Director Jagoe reported this was the case. Chair Vijums questioned how the B-3 district was chosen for this use. ARDEN HILLS PLANNING COMMISSION — August 9, 2023 7 Community Development Director Jagoe stated this recommendation came out of discussions at several Council Worksession meetings. Commissioner Collins asked if this ordinance would allow restaurants with a liquor license to serve low potency THC beverages. Community Development Director Jagoe explained this would not be allowed under the proposed ordinance as drafted. Commissioner Collins questioned why the Council would be more restrictive with THC products than liquor sales. He supported the City having the THC language be more in alignment with liquor sales. Community Development Director Jagoe commented further on the Council's discussion regarding this topic and she recalled the Council wanted to start out slow with THC sales and this could be expanded over time. She commented further on the requirements per State Statute with respect to the sale of full-strength cannabis and noted the City would have to issue one license. Further discussion ensued regarding the licensing of full cannabis products and staff reported the Council would be having more conversations about the use and sale of full-strength cannabis products. It was noted the sale of cannabis products would be administered by the Office of Cannabis Management. Chair Vijums asked why the B-2 zoning district was excluded from the sale of THC products. Community Development Director Jagoe reported staff was directed by the City Council to draft the language including the B-3 zoning district. She understood the City Council was interested in hearing feedback from the Planning Commission. Chair Vijums believed the City was restricting THC sales and he supported THC sales in the B- 2 zoning district and restaurants. He commented on how prevalent these products would be in the next five years. He recommended the City make the language less restrictive versus more restrictive. Commissioner Wicklund asked if the Commission should be amending the language to include THC sales in the B-2 zoning district, gateway business district with service stations and eliminate item 3 on page 5 for a 500 foot distance separation from certain land uses. Chair Vijums noted he supported the distance restrictions as written in the drafted ordinance, but he did support the sale of THC products at service stations and restaurants. Commissioner Weber recommended the ability to sell lower -potency hemp edibles as a principal use also be considered by the City. He commented further on how he was concerned with the fact the City waited an entire year to get this language in place. Commissioner Bjorklund appreciated the fact the City did not have to reinvent the wheel with this ordinance. He asked staff to see how adjacent cities were regulating this use. He suggested the City draw circles based on the proposed distances for these businesses and see how many ARDEN HILLS PLANNING COMMISSION — August 9, 2023 8 properties would be impacted. He understood some distance was necessary, but he feared 1000 feet or 500 feet was too high. Commissioner Blilie agreed that THC products should be allowed to be sold at restaurants if alcohol is also served. She supported this ordinance being more broad versus more restrictive. Chair Vijums opened the public hearing at 7:43 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. There being no comments Chair Vijums closed the public hearing at 7:44 p.m. Chair Vijums summarized the comments from the Commission noting it appeared the Commission supported expanding this use beyond B-3 to the B-2, B-4 and the Gateway Business District. In addition, the Commission supported the sale of THC products in restaurants. Community Development Director Jagoe asked if the Commission supported a standalone business or just an accessory use. Commissioner Wicklund stated he preferred to have only accessory uses at this time until the Office of Cannabis Management has more regulations in place. Community Development Director Jagoe reported the sales of full- strength cannabis would be addressed through an entirely different ordinance. Commissioner Weber supported the City allowing THC sales as a principal use because these businesses would come into the community. Commissioner Collins recommended the City not be any more restrictive with THC products than the City was with alcohol sales. Chair Vijums commented he may not be on the same page, nor was he ready for Arden Hills to be the primary place for cannabis products to be sold. He supported the City allowing THC sales as an accessory use at this time with allowing as a principal use being addressed in the future. Commissioner Wicklund recommended the Commission focus their conversations on low potency hemp/THC sales at this time. He stated the City had time to address full strength cannabis sales. He believed the City had time to address this matter, or to push pause, in order to fully consider how to regulate these businesses. Commissioner Weber completely disagreed with this tactic. He explained there was a broader scope and this needs to be considered. Commissioner Wicklund asked staff for further information on the moratorium that was being considered by the Council. ARDEN HILLS PLANNING COMMISSION — August 9, 2023 9 Community Development Director Jagoe explained the moratorium the Council was considering was on the full strength adult use cannabis and noted if adopted the moratorium would be in place through January 1, 2025. Chair Vijums explained there was a split on this issue. He asked if the Commission supported opening low potency sales in the B-2, B-4 and Gateway Business District. The Commission supported this recommendation. Chair Vijums questioned if the Commission supported the sales of low potency products in restaurants and service stations. The Commission supported this recommendation. Chair Vijums indicated the Commission was split when it came to principal versus accessory use. He explained he supported moving this ordinance forward in order to allow the City to get started and to provide opportunities for lower potency sales. He commented he did not want to participate in full strength conversations at this time because this would be addressed through a separate ordinance. Commissioner Bjorklund asked if the Commission should further discuss the proposed distances for the sales of low potency products. Community Development Director Jagoe reported the proposed distances were based on language allowed for in the State guidelines. Commissioner Blilie recommended the City Council be informed that the Planning Commission was split on the principal/accessory use issue when it comes to low potency sales. Chair Vijums moved and Commissioner Wicklund seconded a motion to recommend approval with amendments of Planning Case 23-014 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow the Sale of Lower -Potency Hemp Edibles as a Conditional Accessory Use in the B-3, Service Business Zoning District, based on the findings of fact and as presented in the August 9, 2023 Report to the Planning Commission with draft ordinance language changes to allow lower potency product sales in the B-2, B-4 and Gateway Business Zoning Districts, allowing lower potency hemp sales as an accessory use in restaurants and service stations, and recommending the Council further review the consideration of allowing as a principal or accessory use as well as the distance separations as recommended in the ordinance. The motion carried unanimously (6-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. 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U O p a) Q aJ Ln • (n N E i O J V Q Q v) . N u V) a . Qu E ca Q O m a O 4—j V .rz N 0 O N Ln M� W 4—a V H ED T buo c .c 0 N N co W i i 0 C ,13 1,3 3 0 0O 'w 6 fl �o A a ! C i H v v v v O bZb-".- LOW U N r) buo c .c O N m om _._._._._.co .......-._-- - U O bup z � m O .� N buo � � U � � bn E Q Q � C O O U C Q � L � a-J 4� C= 4j (U � E O •� C .> a) O -&- U Q) 4-j Q •� .� O C- Q) U •� •� '� U u � N UO A PUBLIC HEARING — IOC ,-ARZEN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Interim Ordinance 2023-010 Establishing a Moratorium related to Adult Use Cannabis Products Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Holding a public hearing regarding a proposed Interim Ordinance Prohibiting the Operation of Cannabis Businesses and Authorization to Publish Summary Ordinance. Background/Discussion Earlier this spring, the Minnesota State Legislature legalized adult -use cannabis. This law, effective August 1, 2023, permits the operation of cannabis businesses and the sale of cannabis products for consumption but provides little guidance on how cities are to regulate, leaving zoning and compliance to local control. The law also created a new agency, the Office of Cannabis Management (OCM), that will license businesses regarding sales of cannabis products, but the OCB will not be operational until approximately January 1, 2025. The City Council previously discussed this topic and directed staff to draft an interim ordinance that would establish a moratorium in effect until January 1, 2025, allowing the Council and staff adequate time to further study the matter, or until such time it is apparent the OCM has its department operational. Staff has worked with the City Attorney regarding ordinance language (Attachment A) as well as a summary ordinance (Attachment B). It is important to note that this moratorium does not apply to the selling, testing, manufacturing, or distributing of products 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. A Notice of Public Hearing was published in the August 18, 2023 Pioneer Press in conformance with State statute. No comments have been received to date. Page 1 of 2 Budget Impact N/A Attachments N/A Page 2 of 2 NEW BUSINESS —11A 'It ,ARZEN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-013 — Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendments — Chapter 13, Section 1325.05 - Design Standards, Subdivision 4.1) — Fencing Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Adoption of Ordinance 2023-008 for Zoning Code Amendments to Chapter 13, Section 1325.05 — Design Standards, Subd. 4.1), Fences to identify criteria between a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts. • Authorization to publish a Summary Ordinance of 2023-008 for Planning Case 23-013. Approval for authorization to publish summary ordinance requires an affirmative vote of four councilmembers. Overview of Ordinance Amendments Staff has prepared a draft ordinance showing language to be added underlined for your review (Attachment A). The proposed amendments are intended to establish criteria for evaluating residential fences and identify factors between a temporary and permanent fence. Currently, the city code is absent of any language differentiating the two which means that all fences are subject to a zoning permit. City staff has had requests to install a temporary fence for reasons such as a snow barrier or as protection around grass seed. The proposed language would also establish a time limitation for how many days temporary fencing could be erected on a property. Lastly, the city code does not have a maximum height specification for fences in business or industrial zoning districts. The proposed language establishes a maximum height and allows the City to grant flexibility based on site suitability as a buffer or screening. Page 1 of 4 The proposed amendments to City Zoning Code Chapter 13 are within Section 1325.05, Subd 4.13, Fences. Proposed Ordinance Language: 1) Amend Section 1320.05 Design Standards, Subd. 4 Screening, D. Fence Regulations a. Add Section 1325.05, Subd. 4.D.3 - Fences in residential districts shall be comprised of chain -link, aluminum, wood, vinyl, composite, or other material as approved by the Zoning Administrator. Alternate fencing materials may be allowed in business and industrial zoning districts subject to conformance with Section 1325.05. b. Add Section 1325.05, Subd. 4.D.4 - Height of Fences in Business and Industrial Districts. Fences may be to eight 8) feet in height in the side and rear yards Lip to the front building line of the principal structure. Fences abutting residential districts shall conform to those regulations applicable to the residential district. Fences, solid walls and hedges in the minimum front yard setback may be allowed through Site Plan Review or as part of a Planned Unit Development as determined appropriate by the City Council based on site suitability to allow for additional screening and/or as a buffer for noise reduction. c. Add Section 1325.05, Subd. 4.D.10 - Fences which are temporary in nature shall be allowed seasonally for the purpose of protecting_ gardens or lawns from natural elements. Temporary fences that are 48 inches or less shall be allowed without a zoning permit and temporary fences over 48 inches are prohibited. Other purposes for temporary fencing may permitted on a case -by -case review subject to the approval of the Zoning Administrator. Temporary fencing may be installed for a duration not to exceed 150 days. Examples of temporary fencing materials allowed are snow or safety fence (i.e. plastic), silt fence (i.e. fabrics wire fence. Temporary fencing shall be subject to all other fence regulations listed within the ordinance. Silt fencing or fencing utilized at a construction site associated with an active grading and erosion control or building permit issued by the City is allowed as an exception to this provision for duration and height. Temporary fencing installed in conjunction with a City permit is subject t to removal prior to the final inspection. Suggested Findings of Fact The Planning Commission reviewed this application at their August 9, 2023 meeting and have offered the following findings of fact for your consideration: General Findings: 1. The City of Arden Hills is proposing to amend ordinance language to create design and materials standards for fences in residential zoning districts. 2. The proposed ordinance would create language for evaluating a temporary fence in all zoning districts. 3. The proposed ordinance will add a maximum height design standard for fences in the business and industrial zoning districts. 4. The proposed ordinance will include amendments to the language of the City Code to Chapter 13 — Zoning Code within Section 1325.05, Subd. 4.13 for Fences. Page 2 of 4 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 6. The Planning Commission conducted a public hearing for the Text Amendment on August 9, 2023. Options and Motion Language The Planning Commission reviewed this application at their August 9, 2023 meeting. At that time, they recommended approval with amendments of Planning Case 23-013 for Zoning Code Amendments to identify criteria between a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts by a 6-0 vote (Commissioner Mitchell was absent). The following are motion language options for the City Council to consider: Adoption of Ordinance 2023-008 • Approval: Motion to adopt Ordinance 23-008 for Planning Case 23-013 as presented for Zoning Code Amendments to Chapter 13 in Section 1325.05, Subd. 4.1) of the Arden Hills City Code to add language in the city code establishing criteria for a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts as presented in the August 28, 2023 Report to the City Council. Approval with Amendments: Motion to adopt Ordinance 23-008 for Planning Case 23- 013 as presented for Zoning Code Amendments to Chapter 13 in Section 1325.05, Subd. 4.13 of the Arden Hills City Code to add language in the city code establishing criteria for a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts, based on the findings of fact and August 28, 2023 Report to the City Council with amendments: a specific reason should be included with all amendments. Denial: Motion to deny of Planning Case 23-013 as presented for Zoning Code Amendments to Chapter 13 in Section 1325.05, Subd. 4.1) of the Arden Hills City Code to add language in the city code establishing criteria for a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts: findings to deny should specifically reference the reasons for denial. Table: Motion to table Planning Case 23-013 as presented for Zoning Code Amendments to Chapter 13 in Section 1325.05, Subd. 4.1) of the Arden Hills City Code to add language in the city code establishing criteria for a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts: the City Council should identify a specific reason and/or information request should be included with a motion to table. Authorization to Publish Summary Ordinance • Approval as Presented: Motion to approve authorization to publish a Summary Ordinance 2023-008 for Planning Case 23-013 for Zoning Code Amendments to Chapter 13 in Section 1325.05, Subd. 4.D. Page 3 of 4 Denial: Motion to deny authorization to publish a Summary Ordinance 2023-008 for Planning Case 23-013 for Zoning Code Amendments to Chapter 13 in Section 1325.05, Subd. 4.D. • Table: Motion to table authorization to publish a Summary Ordinance 2023-008 for Planning Case 23-013 for Zoning Code Amendments to Chapter 13 in Section 1325.05, Subd. 4.D. Budget Impact N/A Attachments A. Draft Fence Ordinance Amendment B. Summary Ordinance Amendment C. Presentation Page 4 of 4 I't EN HILLS ORDINANCE NO.2023-008 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment A AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1325 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 - Zoning Code, Section 1325 — General Regulation, subsection 1325.05, Subd. 4.1) is hereby amended by deleting stfikethr-ough language and adding the underlined language as follows: D. Fence Regulations. 1. Height of Fences in Side and Rear Yards. Fences in side or rear yards may not exceed six (6) feet in height in all residential districts. Fences may be up to six (6) feet in height if placed in the secondary front yard of corner lots in residential districts provided that the fence does not exceed three (3) feet in height within the structure setback of the primary front yard and the fence does not encroach on the clear vision area. (revised 3/18/09) 2. Height of Fences, Solid Walls and Hedges in Front Yards. Fences, solid walls and hedges in excess of three (3) feet in height in the minimum front yard building setback area are prohibited in all R-1 and R-2 Residential Districts. 3. Fences in residential districts shall be comprised of chain -link, aluminum, wood, vinyl, composite, or other material as approved by the Zoning Administrator. Alternate fencing materials may be allowed in business and industrial zoning districts subject to conformance with Section 1325.05. 4. Height of Fences in Business and Industrial Districts. Fences may be up to eight (8) feet in height in the side and rear yards up to the front building line of the principal structure. Fences abutting residential districts shall conform to those regulations applicable to the residential district. Fences, solid walls and hedges in the minimum front yard setback may be allowed through Site Plan Review or as part of a Planned Unit Development as determined appropriate by the City Council based on site suitability to allow for additional screening and/or as a buffer for noise reduction. -35. Electric Fences and Barbs or Spikes on Fences. No above grade fence shall have barbs or spikes or be of metal construction, which is charged or connected with electrical current within any district of the City. These fencing types shall only be permitted through a Conditional Use Permit. Page 1 of 2 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 46. Placement of Fences Along Lot Lines. Fences may be placed along lot lines provided no damage of any kind results to the abutting property. 57. Direction of Fence Facing. That side of the fence considered to be the face (facing as applied to fence posts) shall face toward adjoining property. 68. Fences in Public Rights -of -way. No fence, wall or hedge may be placed in a public right-of-way. -79. Fences in Non -Residential Situations and Exceptional and Unusual Circumstances in Residential Districts. Deviation from these requirements for fences, walls and landscape screening may be permitted after Planning Commission review and Council approval of a site plan with documentation showing the unusual circumstances justifying the proposed deviation and plans for the proposed fence, wall, or landscape screening. This provision is intended to allow flexibility in meeting the purpose and intent of this subdivision without the necessity of proving a hardship as is required in the variance procedure. The objective of this provision is to improve the livability, appearance, and security of properties and their relationships to one another. 10. Fences which are temporary in nature shall be allowed seasonally for the purpose of protecting_, gardens or lawns from natural elements. Temporary fences that are 48 inches or less shall be allowed without a zoningpermitand temporary fences over 48 inches are prohibited. Other purposes for temporary fencing may be permitted on a case-by review subject to the approval of the Zoning Administrator. Temporary fencing may be installed for a duration not to exceed 150 days. Examples of temporary fencing materials allowed are snow or safety fence i.e. plastic), silt fence (i.e. fabric), or wire fence. Temporary fencing shall be subject to all other fence regulations listed within the ordinance. Silt fencing or fencing utilized at a construction site associated with an active grading and erosion control or building permit issued by the City is allowed as an exception to this provision for duration and height. Temporary fencing installed in conjunction with a City permit is subject to removal prior to the final inspection. SECTION 2. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this day of , 2023, by the City Council of the City of Arden Hills, Minnesota. ATTEST: Julie Hanson, City Clerk CITY OF ARDEN HILLS David Grant, Mayor Page 2 of 2 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 'It Attachment B -'iXQEN HILLS SUMMARY ORDINANCE NO. 2023-008 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1325 OF THE ARDEN HILLS CITY CODE NOTICE IS HEREBY GIVEN that, on August 28, 2023, Ordinance No. 2023-008 was adopted by the City Council of the City of Arden Hills, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2023-008, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends or adds the following: Section 1325, Subd. 4.1) — Fence Regulations is updated by adding language in the city code to identify criteria between a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours at the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112. The Ordinance is also available on the City's website at hiLtp://www.cilyofardenhills.com. APPROVED for publication by the City Council of the City of Arden Hills, Minnesota, this 28th day of August, 2023. 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Approval for authorization to publish summary ordinance requires an affirmative vote of four councilmembers. Overview of Ordinance Amendments Staff has prepared a draft ordinance identifying language to be added for the City Council's review (Attachment A). The proposed ordinance would add a new land use type for the sale of lower - potency hemp edibles. As drafted based on the Planning Commission amendments, the City would allow as a conditional accessory use only to businesses with a principal Retail Sales and Service, Restaurant or Service Station land use in the B-2, B-3, B-4, and GB Zoning Districts. This means there could not be a standalone shop exclusively selling lower -potency hemp products and any business interested in selling lower -potency products would need to come before the Planning Page 1 of 4 Commission and City Council for a Conditional Use Permit. The draft language would require a distance separation of a lower -potency sales operation to schools, day cares, residential treatment facilities, and public parks as allowed by State Statute. The applicable Sections to be amended are as follows: • Section 1305.04, Zoning Code Definitions • Section 1320.05, Land Use Chart in the B-2, B-3, B-4, and GB Zoning Districts • Section 1325.02, Accessory Uses Proposed Ordinance Lane: 1) Add definitions relevant to the Sale of Lower -Potency Hemp Edibles a. Hemp Concentrate b. Hemp -Derived Consumer Product c. Hemp Plant d. Lower -Potency Hemp Edible e. Lower -Potency Hemp Edible Sales f. Nonintoxicating Cannabinoid 2) Land Use Chart within Section 1320.05 would be amended to include Lower -Potency Hemp Edible Sales: a. Add a land use category for Lower -Potency Hemp Edible Sales as a Conditional and Accessory Use under the B-2, B-3, B-4, and GB Zoning Districts. 3) Amend Section 1325.02, Accessory Uses a. Create a new Subdivision 6 that establishes the requirements and criteria for Lower - Potency Hemp Edible Sales as an accessory use on a property where the principal use is Retail Sales & Service, Restaurant, or Service Station. Proposed language: A. Lower -Potency Hemp Edible Sales shall be a Conditional Accessory use only permitted in the B-2 General Business, B-3 Service Business, B-4 Retail Business, and GB Gateway Business Zoning Districts. B. Applicants for Conditional Accessory Lower -Potency Hemp Edible Sales shall follow the conditional use permit procedures prescribed in Section 1355.04, subd. 3, and Appendix A, Procedure Manual. The City shall review a site plan and specifics of the proposed lower -potency heMp edibles business and may issue the permit subject to, but not limited to, the following, requirements: 1. Lower -potency hemp edible sales shall only be permitted as an accessory use on a Subject Property where the principal use is Retail Sales & Service, Restaurant, or Service Station, and when such accessory use is clearly incidental to the principal use. 2. The Subject t Property shall not be located within 1,000 feet of any school. Page 2 of 4 3. The Subject Property shall not be located within 500 feet of any propeAY providing day care or residential treatment services, or an attraction within a public park that is regularly used by minors including a playground or athletic field. 4. No lower -potency heMp edible sales shall occur between the hours of 10:00 p.m. and 8:00 a.m. the following day. An ordinance amendment to the Zoning Code does require a public hearing before the City Council. Suggested Findings of Fact The Planning Commission reviewed this application at their August 9, 2023 meeting and have offered the following findings of fact for your consideration: General Findings: 1. The City of Arden Hills is proposing to amend ordinance language to allow for lower - potency hemp edible sales in the zoning code as a conditional accessory use within the b- 2, B-3, B-4, and GB Zoning Districts. 2. The proposed ordinance will include amendments to the language of Chapter 13 — Zoning Code, Sections 1305.04 - Definitions, 1320.05 — Land Use Chart, and 1325.02 — Accessory Uses of the City Code. 3. The proposed ordinance amendments will allow lower -potency hemp edible sales as a conditional accessory use where the principal use is Retail Sales & Service, Restaurant, or Service Station. 4. The proposed ordinance amendments are consistent with State law for the City's authority to regulating the sale of lower -potency hemp edibles under the zoning code. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 6. If the zoning amendments were approved, an Applicant would be required to submit a land use application that would be subject to the formal review process. 7. The Planning Commission conducted a public hearing for the Text Amendment on August 9, 2023. Options and Motion Language The Planning Commission reviewed this application at their August 9, 2023 meeting. At that time, they recommended approval with amendments of Planning Case 23-014 for Zoning Code Amendments to Chapter 13 by a 6-0 vote (Commissioner Mitchell was absent). The following are motion language options for the City Council to consider. Approval: Motion to adopt Ordinance 23-009 for Planning Case 23-014 for a Zoning Code Amendments to Chapter 13 of the Arden Hills City Code to allow the Sale of Lower - Potency Hemp Edibles as a Conditional Accessory Use in the B-2, B-3, B-4, and GB Page 3 of 4 Zoning Districts, based on the findings of fact and as presented in the August 28, 2023 Report to the City Council. Approval with Amendments: Motion to adopt Ordinance 23-009 for Planning Case 23- 014 for a Zoning Code Amendments to Chapter 13 of the Arden Hills City Code to allow the Sale of Lower -Potency Hemp Edibles as a Conditional Accessory Use in the B-2, B-3, B-4, and GB Zoning Districts, based on the findings of fact and August 28, 2023 Report to the City Council with amendments: a specific reason should be included with all amendments. • Denial: Motion to deny Planning Case 23-014 for a Zoning Code Amendments to Chapter 13 of the Arden Hills City Code to allow the Sale of Lower -Potency Hemp Edibles as a Conditional Accessory Use in the B-2, B-3, B-4, and GB Zoning Districts, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-014 for a Zoning Code Amendments to Chapter 13 of the Arden Hills City Code to allow the Sale of Lower -Potency Hemp Edibles as a Conditional Accessory Use in the B-2, B-3, B-4, and GB Zoning Districts: a specific reason and information request should be included with a motion to table. Authorization to Publish Summary Ordinance • Approval as Presented: Motion to approve authorization to publish a Summary Ordinance 2023-009 for Planning Case 23-014, Zoning Code Amendments to Chapter 13, Section 1305.04 Zoning Code Definitions, Section 1320.05 Land Use Chart in the B-2, B-3, B-4, and GB Zoning Districts, and Section 1325.02 Accessory Uses. • Denial: Motion to deny authorization to publish a Summary Ordinance 2023-009 for Planning Case 23-014, Zoning Code Amendments to Chapter 13, Section 1305.04 Zoning Code Definitions, Section 1320.05 Land Use Chart in the B-2, B-3, B-4, and GB Zoning Districts, and Section 1325.02 Accessory Uses. • Table: Motion to table authorization to publish a Summary Ordinance 2023-009 for Planning Case 23-014, Zoning Code Amendments to Chapter 13, Section 1305.04 Zoning Code Definitions, Section 1320.05 Land Use Chart in the B-2, B-3, B-4, and GB Zoning Districts, and Section 1325.02 Accessory Uses. Budget Impact 110M Attachments A) Draft THC Ordinance Amendment B) Summary Ordinance Amendment C) Presentation Page 4 of 4 'It EN HILLS ORDINANCE NO. 2023-009 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment A AN ORDINANCE AMENDING CHAPTER 13, OF THE ARDEN HILLS CITY CODE CONCERNING THE SALE OF LOWER -POTENCY HEMP EDIBLES THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 — Zoning Code, Section 1305 — Rules, Scope, Interpretation, & Definitions, Subsection 1305.04 - Definitions, is hereby amended adding the following underlined definitions: • Hemp Concentrate. The extracts and resins of a hemp plant or hemp plant parts, including when refined to increase the presence of targeted cannabinoids or when intended to be consumed by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product. • Hemp -Derived Consumer Product. A product intended for human or animal consumption, does not contain cannabis flower or cannabis concentrate, and containing or consisting of hemp plant parts; or containing hemp concentrate or artificially derived cannabinoids in combination with other ingredients. • Hemp Plant. All parts of the plant of the genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. • Lower -Potency Hemp Edible. Any product that (1) is intended to be eaten or consumed as a beverage by humans; (2) contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; (3) is not a drug; (4) consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any combination of those cannabinoids that does not exceed the identified amounts; (5) does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving(6) does not contain an artificially derived cannabinoid other than delta- 9 tetrahydrocannabinol; (7) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and (8) is a type of product approved for sale by the Office of Cannabis Management or is substantially similar to a product approved by that Office, including but not limited to products that resemble nonalcoholic beverages, candy, and baked ,goods. Lower -Potency Hemp Edibles includes "edible cannabinoid products" as defined by Minn. Stat. § 151.72. Lower - potency heMp edibles do not include products containing only nonintoxicating cannabinoids. • Lower -Potency HeMp Edible Sales. The processing or sale of lower -potency hemp edibles or hemp -derived consumer products • Nonintoxicating Cannabinoid. A cannabinoid that when introduced into the human body does not impair the central nervous system and does not impair the human audio, visual, or mental processes. Nonintoxicating cannabinoid includes but is not limited to cannabidiol (CBD) and cannabi e�CBG) but does not include any artificially derived cannabinoid and must contain less than 0.3% tetrahydrocannabinol (THC). SECTION 2. Chapter 13 — Zoning Code, Section 1320 — District Provisions, Subsection 1320.05 — Land Use Chart, is hereby amended by replacing the chart in its entirety as follows: 1320.05 Land Use Chart. See attached Attachment "A" for the Land Use Chart with the addition of lower -potency hemp edible sales as a Conditional Accessory Use in the B-2, B-3, B-4, and GB Zoning Districts. SECTION 3. Chapter 13 — Zoning Code, Section 1325.02 Accessory Uses, is hereby amended by adding a Subdivision 6 as follows: Subd. 6 Lower -Potency HeMp Edible Sales. A. Lower -Potency Hemp Edible Sales shall be a Conditional Accessory use only permitted in the B-2 General Business, B-3 Service Business, B-4 Retail Business, and GB Gateway Business Zoning Districts. B. Applicants for Conditional Accessory Lower -Potency Hemp Edible Sales shall follow the conditional use permit procedures prescribed in Section 1355.04, subd. 3, and Appendix A, Procedure Manual. The City shall review a site plan and specifics of the proposed lower -potency hemp edibles business and may issue the permit subject to, but not limited to, the following requirements: 1. Lower -potency hemp edible sales shall only be permitted as an accessory use on a Subject Property where the principal use is Retail Sales & Service, Restaurant, or Service Station, and when such accessory use is clearly incidental to the principal use. 2. The Subject Property shall not be located within 1,000 feet of any school. 3. The Subject Property shall not be located within 500 feet of any property providing day care or residential treatment services, or an attraction within a public park that is regularly used by minors including a playground or athletic field. 4. No lower -potency hemp edible sales shall occur between the hours of 10:00 p.m. and 8:00 a.m. the following dam SECTION 4. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this day of 2023, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk ATTACHMENT "A" 132U.05 Land Use Chart.(revised OWM23) M ®®®®®®®®®®®®®®®®® 1320.05 Land Use Chart.frevised 0MV23) 'A" = Accessary 'CA' = Conditia nal Accessary Use Permit 'C' = Conditia nal Use Permit 'o'= Planned Unit '1"= Interim Use Permit 'P" = Permitted = Nat Permined �e_ ,ARzENH,LLs Attachment B SUMMARY ORDINANCE NO.2023-009 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, OF THE ARDEN HILLS CITY CODE CONCERNING THE SALE OF LOWER -POTENCY HEMP EDIBLES NOTICE IS HEREBY GIVEN that, on August 28, 2023, Ordinance No. 2023-009 was adopted by the City Council of the City of Arden Hills, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2023- 009, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends or adds the following: Section 1305 is updated by adding definitions pertinent to Lower -Potency Hemp Edibles. Section 1320, subsection 1320.05 updates and replaces the Land Use Chart by adding Lower -Potency Hemp Edible Sales as a Conditional Accessory Use in the B-2, B-3, B-4, and GB Zoning Districts. Section 1325.02 is amended by adding a new Subdivision 6, Accessory Lower -Potency Hemp Edible Sales. This subdivision allows for a Conditional Use Permit for Accessory Lower -Potency Hemp Edible Sales in the B-2, B-3, B-4, and GB Zoning Districts and specifies the requirements when sold in conjunction with a retail establishment, restaurant, or service station as well as specifying separation of uses for proximity of edible sales to certain types of land uses A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours at the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112. The Ordinance is also available on the City's website at http://www.cityofardenhills.com. APPROVED for publication by the City Council of the City of Arden Hills, Minnesota, this 28t' day of August, 2023. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk Published in the Pioneer Press 2023 U � � = 10 rn w _0 M Q O a--+ 2 � U O bnU u a — .� . 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The Summary Ordinance requires a 415 vote. Background/Discussion Earlier this evening, the required Public Hearing was held (Item 1 OC) regarding a moratorium on the sales of adult use cannabis business in Arden Hills. Staff is requesting Council approval of Ordinance 2023-010 establishing an interim ordinance prohibiting the operation of cannabis businesses while the matter is studied, and approval that a summary ordinance of such be published. The moratorium would be in effect until January 1, 2025, while staff and the Council continue to further study the matter, or could end sooner per Council direction. Budget Impact N/A Attachments A. Ordinance 2023-010 B. Summary Ordinance 2023-010 Page 1 of 1 Attachment A lt EN H1Li,S ORDINANCE NO.2023-010 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN INTERIM ORDINANCE PROHIBITING THE OPERATION OF CANNABIS BUSINESSES THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. FINDINGS AND PURPOSE. A. By enacting 2023 Session Laws Chapter 63, the Minnesota Legislature enacted Minn. Stat. chapter 342, legalizing adult -use cannabis and permitting the operation of cannabis businesses and the sale of cannabis flower and cannabis products for human consumption. This law creates a new agency, the Office of Cannabis Management, to regulate the sales of cannabis products. B. The new law does enact some requirements for production, labeling and testing, and sale of cannabis products at the state government level. However, the new law creates uncertainty that will need to be resolved by the passage of further regulations by the Office. C. The new law establishes that the sale of cannabis products are still subject to local planning and zoning restrictions, and must comply with local zoning code. The new law provides no guidance on how cities are to zone the new businesses, leaving it to local control. D. Pursuant to Minn. Stat. § 342.13, the City is authorized to adopt an interim ordinance protecting the planning process and the health, safety, and welfare of its citizens. Under Minn. Stat. § 342.13, such ordinance may remain in effect until January 1, 2025 E. Pursuant to its general police powers including but not limited to Minn. Stat. § 421.221, subd. 32, the City may enact regulations regarding to promote the health, safety, order, convenience, and the general welfare of the City. This power permits the City to implement a moratorium to study the sales, testing, manufacturing, and distribution of cannabis products to determine if regulations are necessary for the sake of good order of the City. F. The City Council finds that it is necessary to study the application of 2023 Session Laws Chapter 63, and the products, uses, and businesses related thereto, in order to assess the necessity for and efficacy of regulation and restrictions relating to the sales, testing, manufacturing, 1 and distribution of cannabis flower, cannabis products, and lower -potency products including through zoning ordinances, in order to protect the public health, safety, and welfare of its residents. SECTION 2. DEFINITIONS: The following terms when used in this ordinance shall mean: Official controls. "Official controls" or "controls" means ordinances and regulations which control the physical development of the city or any part thereof or any detail thereof and implement the general objectives of the comprehensive plan. Official controls include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Cannabis Business. "Cannabis Business" has the meaning given in Minn. Stat. § 342.01, subd. 14, as amended. Cannabis Flower. "Cannabis Flower" has the meaning given in Minn. Stat. § 342.01, subd. 16, as amended. Cannabis Product. has the meaning given in Minn. Stat. § 342.01, subd. 20, as amended. SECTION 3. INTENT AND AUTHORIZATION: A. It is the intent of this ordinance to allow the City of Arden Hills time to complete an in-depth study concerning adoption of revisions of the City's official controls for the manufacturing, testing, distributing, and selling of Cannabis Flower and Cannabis Products, and the operation of Cannabis Businesses. B. City staff is directed and authorized to conduct a study of the City's official controls that may need to be adopted or amended to protect the public health, safety, and welfare as they relate to the manufacturing, testing, distributing, and selling of Cannabis Flower and Cannabis Products, and the operation of Cannabis Businesses. SECTION 4. TEMPORARY PROHIBITION: A. Pending the completion of the above referenced study and the adoption of appropriate official controls, the following is prohibited within the City: The manufacturing, distributing, and selling of Cannabis Flower and Cannabis Products, and the operation of any Cannabis Business. B. This moratorium does not apply to the selling, testing, manufacturing, or distributing of THC Products 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 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City W Council hereby authorizes the City Manager, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the City's general penalty in City Code Sec. 120.03. SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and shall remain in effect until January 1, 2025, or until the adoption of the official controls being studied, whichever occurs first. A Summary of this Ordinance will be published in accordance with state statute. ADOPTED this day of , 2023, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk �`_ Attachment B -flR�EN H1LT_.S SUMMARY ORDINANCE NO. 2023-010 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN INTERIM ORDINANCE PROHIBITING THE OPERATION OF CANNABIS BUSINESSES NOTICE IS HEREBY GIVEN that, on August 28, 2023, Ordinance No. 2023-010 was adopted by the City Council of the City of Arden Hills, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2023-010, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council does the following: Prohibits the sale of cannabis and the operation of any Cannabis Business within the City of Arden Hills until January 1, 2025 Directs City Staff to study possible amendments to the City's official controls relating to cannabis A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours at the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112. The Ordinance is also available on the City's website at http://www.cityofardenhills.com. APPROVED for publication by the City Council of the City of Arden Hills, Minnesota, this 28' day of August, 2023. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk Published in the Pioneer Press , 2023