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09-25-23-R
Mayor: David Grant lt Councilmembers: -AEN HILLS Brenda Holden Emily Rousseau Regular City Council Tena Monson Tom Fabel Agenda September 25, 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/86422947922 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 6. STAFF CO NTS 6.A. Transportation Update David Swearingen, Public Works Director/City Engineer Documents: MEMO PDF 7. APPROVAL OF MINUTES 7.A. August 21, 2023 City Council Work Session Documents: 08-21-23-WS.PDF 7.B. August 21, 2023 Special City Council Documents: 08-21-23-SR.PDF 7.C. August 28, 2023 Regular City Council Documents: 08-28-23-R.PDF 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 Pang Silseth, Accounting Analyst Documents: MEMO.PDF 8.B. Motion To Approve Interim Policies - Flexible Scheduling And Dress For Your Day Dave Perrault, City Administrator Documents: MEMO.PDF 8.C. Motion To Approve Resolution 2023-047 Authorizing Application For PFA Grant And Agreement For County Rd E And Old Snelling Sanitary Sewer And Water Utility Improvements David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.D. Motion To Approve Professional Services Agreement With TKDA For 2024 CIPP Lining Project David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 8.E. Motion To Approve Esri Small Local Government Cloud -Based Enterprise (GIS) Agreement David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 8.F. Motion To Approve Change Order No. 1 And Payment No. 3 - Bituminous Roadways, Inc. - City Hall Parking Lot Project Lucas Miller, Assistant Public Works Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.G. Motion To Approve City Council Meeting Scheduling Dave Perrault, City Administrator Documents: MEMO.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. Quarterly Special Assessments For Delinquent Utilities Dave Perrault, City Administrator Documents: MEMO.PDF 11. NEW BUSINESS 11.A. Resolution 2023-048 Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 11.13. Resolution 2023-049 - Planning Case 2023-016 Variance At 1945 Edgewater Avenue Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF 12. UNFINISHED BUSINESS 12.A. Resolution 2023-045 Setting Preliminary Levy For Proposed Taxes Payable In 2024 Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 13. COUNCIL/STAFF COMMENTS ADJOURN STAFF COMMENTS — 6A ,-ARZEN HILLS MEMORANDUM DATE: September 25, 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 DRAFT -ARQEN_HILLS Approved: September 25, 2023 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION MEETING AUGUST 21, 2023 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session at 5:00 p.m. Present: Mayor David Grant; Councilmembers Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault; Finance Director Gayle Bauman; Public Works Director/City Engineer David Swearingen; Community Development Director Jessica Jagoe; and Assistant to the City Administrator/City Clerk Julie Hanson Others present: Mark Ryan, CEO Bolander, and Stacie Kvilvang, Ehlers 1. PUBLIC INQUIRIESANFORMATIONAL Gregg Larson, 3377 North Snelling Avenue, spoke to the Council regarding franchise fees. He stated in 2014 the Council wanted to impose franchise fees to pay for parks and trails. He read an article from the April 2014 Arden Hills Notes newsletter regarding discussions the Council had surrounding franchise fees. This article stated more than 30 people from the public attended this meeting and spoke regarding the propose fees. While some members of the public offered support, the majority did not. He discussed how utility bills were already on the rise and stated he believed franchise fees were bad City policy. He stated it was not wide practice for municipalities to impose franchise fees. He noted this was a losing proposition in 2014 and requested the Council not pursue this further. Don Wahlberg, 1451 Arden Place, explained he wanted to install solar panels on the ground in his backyard. He stated this was contrary to City policy. He reported Arden Hills was one of the few communities that does not allow ground mounted solar panels. He indicated his situation was unique noting the panels would not be visible to neighbors. He commented his backyard was surrounded by trees and lilac bushes making it nearly invisible. He requested the Council reconsider its current policy in order to allow ground mounted panels when they are not visible from neighboring properties. ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 2 2. RESPONSE TO PUBLIC INQUIRIES None. 3. AGENDA ITEMS A. Primer Tracer Property Concept Review Community Development Director Jagoe stated the Subject Property is part of approximately 1,611 acres owned by the Federal Government and used primarily by the Minnesota National Guard as the Arden Hills Army Training Site (AHATS). The Subject Property is approximately 233 acres of which 62 +/- acres is the highlighted "listing area" to be considered for purposes of the concept review discussion. General Services Administration (GSA) is a Federal Agency that manages real estate, acquisition, technology, and other mission -support services across the government. GSA Auctions facilitates the disposal of property owned by the Federal Government. The listing area also referred to as "Hillview" by GSA Auctions went live for bidding in June. GSA Auctions has indicated a soft close date notice being posted after Labor Day. This portion of the property was previously used as a manufacturing facility for the production of component primers and tracing compounds associated with small caliber ammunition production. Community Development Director Jagoe reported the Federal Government intends to sell the property "as is". The Buyer purchasing the property would be responsible for handling all of the processes associated with the future development of the site (i.e. land use approval, demolition, permitting, etc.). In completing their due diligence, the Applicant has submitted for a high-level concept review in order to present an overview of two future development scenarios. For the concept review, the Applicant wishes to engage in a discussion with the Council in order to gauge the City's perspective of potential future vision(s) for this site and willingness to consider a text amendment to allow exterior outdoor storage and the stockpiling/handling of aggregate material as an accessory use in the city code. Community Development Director Jagoe explained the Applicant has prepared two concept layouts both guided towards industrial land uses with accessory outdoor storage of equipment and materials. In both scenarios, the Applicant has identified an intent to seek rezoning of the 62-acres to I-2, General Industrial Zoning District. The purpose of this zoning district is to be "an area where more intensive light industrial land uses may locate and to present the least deleterious effect to adjacent, less intensive land uses." At this concept review stage, staff does not have the details necessary to complete a preliminary analysis of development scenarios as it pertains to compliance with I-2 District requirements or design standards. Based on an initial review, staff believes a future proposal would require the following land use requests: • Preliminary Plat and Final Plat for Subdivision • Comprehensive Plan Amendment to change designation of development site from Park Preserve to Light Industrial & Office • Rezoning of the development site from CD, Conservation District to I-2, General Industrial District • Planned Unit Development ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 3 • Text Amendment to allow exterior storage, aggregate material handling/stockpiles, and a solar energy system (if ground mounted) in the I-2 District • Conditional Use Permit for land uses Mark Ryan, Bolander representative, explained Bolander was founded in 1924. He discussed how he worked with Wenck and Ramsey County on the TCAAP cleanup. He requested Bolander be allowed to use this property as I-2 with exterior storage. He indicated his business is currently located in St. Paul, but for growth potential he would like to see Arden Hills becoming another home for Bolander. He commented on the asphalt recycling work that was conducted by his business and noted this aggregate material could be used onsite as TCAAP redevelops. He reviewed the conversations he had with Alatus. He further reviewed the Option A and Option B scenarios for the Primer Tracer property in further detail with the Council. Councilmember Holden asked if material would be crushed on this site. Mr. Ryan stated this type of activity would occur. Councilmember Holden questioned what would be on the property if the site did not include a warehouse. Mr. Ryan indicated he was hoping to have a recycling site for asphalt. He explained the material would be watered as it was crushed. He stated the current operation was near Cretin-Vandalia in St. Paul and he does not get any dust complaints. He commented further on how the crushing operations are managed and how they have improved over time. He discussed how crushing operations were good for the environment. Councilmember Holden stated she does not see this as being the highest and best use for this property. Councilmember Monson asked if warehousing with a solar facility, excluding the recycling yard had been considered. Mr. Ryan indicated he has had discussions with certain people about solar. Councilmember Monson commented she wanted to support solar on this property. She indicated she was having a hard time supporting a crushing facility with outdoor storage on this site. She explained the County wanted to make the Building 189 area into a nature center, which would now be adjacent to a crushing facility. She noted she could support moving the Bolander headquarters to this site and stated this would be a better fit than the crushing operation. Councilmember Rousseau questioned what type of noise would be coming from this operation. Mr. Ryan stated the noise would be consistent with a construction site. He reported the closest residential development would be one-fourth of a mile from this property. He did not anticipate these homes would be able to hear the crushing operations. He noted the crushing would be intermittent and not constant. ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 4 Councilmember Fabel asked how many employees would be working from this operation. He questioned why Bolander did not want to move their operation out of the metro area and inquired if solar panels would be a viable option for this site. Mr. Ryan explained Bolander has 250 employees. He noted five employees would be needed for the crushing operations. He discussed how placing a crushing facility on TCAAP would benefit the redevelopment of this site. He commented further on how much more expensive it would be to move the operation outside the metro area. Councilmember Monson asked if the concrete crushing operations would be short term on this site. Mr. Ryan stated these operations would not be short term. He commented further on how a solar field may be a possibility for this site. Councilmember Holden encouraged Bolander to speak with the US Fish and Wildlife about the proposed crushing operations. Mayor Grant questioned why Bolander wanted to move away from the Cretin Vandalia site given its central location. Mr. Ryan stated he would not be leaving that site but rather would be adding a second site. Mayor Grant noted New Brighton just got rid of a similar operation. While he appreciated the fact Bolander may be pursuing solar, he did not believe a crushing operation would be the highest and best use for this property. However, he noted the City could not control the high bidder for the sale of this property. Mayor Grant thanked Bolander for all of their work to clean up the TCAAP site. B. Smoking/Vaping and Cannabis Public Use Discussion Assistant to the City Administrator/City Clerk Hanson stated in light of the recent cannabis law, staff is requesting direction on whether or not the City Council wishes to address THC (lower potency edibles) and Adult Use Cannabis (full strength) product consumption on City park property as well as in public spaces (City -owned streets, sidewalks, parking lots, open spaces/outdoor gathering spaces, etc.). Council could choose to ban the smoking of cannabis in public spaces only or include edibles as well. As City Code is currently, smoking is prohibited within a park shelter itself and not on park property as a whole; however, it has been the City of Arden Hills' policy and practice to prohibit smoking/vaping on park property (the parks do have signage to this effect). Staff is requesting direction from the City Council regarding a potential ordinance amendment to further define smoking/vaping on City park property. Staff reviewed examples from the City of Maple Grove and the City of Northfield, both of which recently adopted ordinance amendments pertaining to prohibiting public use and requested feedback from the Council on how to proceed. ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 5 Councilmember Monson stated she supported prohibiting the use of THC, adult cannabis and cigarettes in City owned spaces. She favored simplicity over complexity when it comes to regulating this topic. Councilmember Rousseau indicated she preferred Maple Grove's ordinance. She supported the City being smoke free in its parks. Councilmember Holden explained parks were to be smoke -free in order to keep the products away from youth. She supported parks continuing to be smoke free from cannabis and tobacco products. Mayor Grant favored prohibiting smoking cannabis and edible use in City parks. Councilmember Fabel recommended the smoking of cannabis be prohibited as well. He stated he did not know enough about edibles to make a determination on how they should be regulated. Mayor Grant was of the opinion people should not be under the influence while in City parks. Councilmember Fabel agreed with this but questioned how law enforcement would be able to enforce this matter. Mayor Grant indicated this would be difficult for law enforcement to enforce. He requested staff take the feedback from the Council and draft an Ordinance for consideration at a future meeting. C. Franchise Fees Discussion Administrator Perraultexplained at the last worksession, the City Council discussed the use of Franchise Fees to help support the Permanent Improvement Revolving (PIR) Fund. The City's financial advisor, Ehlers, has put together a memo on the topic and will be present to give an overview and answer questions. If the Council is supportive, further discussions will need to be had with Xcel, and the Council may want to consider what marketing activities need to take place to help inform and educate residents. Ms. Kvilvang requested the Council consider providing further direction on how to proceed with franchise fees. Mayor Grant asked if franchise fees could be used to pay off a bond. Ms. Kvilvang reported this could be done. Councilmember Holden questioned how residential taxpayers would be impacted by a $400,000 increase in the tax levy. Finance Director Bauman discussed the impact this would have on residential taxpayers and stated it would be cheaper for residents to have a franchise fee as this would be paid by more users in the community. Councilmember Fabel stated he would like to see a combination of gas and electric franchise fees. ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 6 Councilmember Monson asked if franchise fees could be adjusted on a yearly basis. Ms. Kvilvang reported this would be managed by the City Council through an Ordinance. Councilmember Monson indicated she has mixed feelings about franchise fees. She discussed how flat fees on utility bills were not beneficial in changing user behavior. However, she did find it attractive to participate in this type of tax because all utility users in the community would pay in. She explained she could support this matter moving forward in order to learn more from about how the public feels about franchise fees. Councilmember Rousseau asked if the public could be presented with scenarios on how they would like to have funding raised for a new fire department whether that be through bonding, levy increases or franchise fees. Councilmember Holden stated this could perhaps be done through a survey. She understood when franchise fees were discussed previously, it was determined the fees should not be placed on gas bills. She indicated the City could consider pursuing franchise fees for electricity only. Mayor Grant reported the City could pursue a franchise fee that was a percentage and not a flat fee. Councilmember Monson explained one of the goals for TCAAP was to be electric only. Councilmember Holden indicated she could support a franchise fee for electricity because the City would be using the revenues for a dedicated or specific purpose, fire and trails. Councilmember Fabel asked how many times the Council has considered the adoption of franchise fees. Mayor Grant commented the only other time franchise fees were considered was in 2014. Councilmember Rousseau questioned how budget talks would be impacted if the Council were to not move forward with franchise fees. Councilmember Monson stated the fire station was not included in the 2024 budget, but this will be considered very shortly. Councilmember Fabel inquired if Arden Hills has ever looked at a local sales tax. Finance Director Bauman reported this would not be allowed, per State legislature, for the next two years. Councilmember Monson asked what the next steps would be. City Administrator Perrault explained this matter was brought forward after discussing the CIP and the Council determined there was a $400,000 shortfall. He indicated a franchise fee could be considered to cover this shortfall. He noted the $400,000 was for the existing CIP projections and ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 7 additional fees would be needed to cover the cost for the Lake Johanna Boulevard Trail and the Old Highway 10 Trail. Councilmember Monson inquired if franchise fees could be charged to cable users. Ms. Kvilvang stated franchise fees were only for gas and electricity. City Administrator Perrault commented cable franchise fees are negotiated and managed by the North Suburban Cable Commission, which relies on franchise fees and PEG grants for revenue. Mayor Grant questioned how the Council wanted to proceed. Councilmember Fabel indicated he was opposed to the franchise fees. Councilmember Holden stated she supported the City further exploring franchise fees. Councilmember Monson agreed noting she would like to see two different budget scenarios (one with and one without franchise fees) and how the future projects would impact the budget. She supported exploring franchise fees. Councilmember Rousseau also supported the City further exploring franchise fees. Mayor Grant requested staff prepare a two option scenario for gas and electric franchise fees for the Council to further discuss at the September work session. D. TCAAP Financial Overview City Administrator Perrault stated Ehlers, the City's financial advisor, prepared revenue and expenditure estimates for the TCAAP project and will give Council an overview. Stacie Kvilvang, Ehlers & Associates, reviewed the numbers for TCAAP and commented on how they were subject to change. She explained she prepared numbers for the 1460, 1789 and 1960 scenarios. She discussed how the home prices had been amended or bumped up to be more properly aligned with current market rates. She reviewed the summary sheet in further detail with the Council and asked for comments or questions. Mayor Grant asked if staff had spoken with the Ramsey County Sheriff's Department regarding updated numbers for public safety costs. Ms. Kvilvang reported staff came up with a number. Councilmember Monson stated this was a unique way to develop a City given the fact it was a large development with build out assumptions. She believed this plan was a good exercise, but she anticipated some level of flexibility would have to be considered in the plans. ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 8 Mayor Grant commented most cities grow organically or slowly overtime. He reported the financial models for TCAAP assisted with planning for tremendous growth given the fact the City would go from 3200 homes to nearly 5000 homes. He believed the financial models had value. Councilmember Monson indicated the Council would have to remember the models were based on assumptions and the build out schedule could change. Councilmember Holden stated these models were requested in the past. Ms. Kvilvang commented on how growth communities have development paying for itself, and explained development generally pays for the capital investment in a project not the operational side. She commended the City for having the developer pay for the parks. Councilmember Fabel asked if residential taxation was more beneficial to the City than commercial taxation. Ms. Kvilvang reported the City received more from residential taxes than commercial taxes. Mayor Grant inquired of the model had an absorption rate of 250 to 300 units per year. Ms. Kvilvang stated this was the case. Councilmember Holden asked what the impact would be from taking out the Commercial Flex property and adding more Residential. Ms. Kvilvang indicated she could do the calculations on how many jobs were lost per the square feet that were lost. Councilmember Monson supported TCAAP having more mixed use developments with retail on the lower level. She explained more people were working from home post -pandemic and residents may benefit from this type of development. Councilmember Holden expressed concern with the wages that would be paid at these retail establishments, noting it would not be a livable wage. She indicated the Commercial Flex properties would have provided better jobs for the community. Mayor Grant asked who would be funding the required infrastructure on TCAAP. Ms. Kvilvang reported all of the fees charged by the City would pay for the infrastructure expense. Councilmember Monson commented on the three density scenarios for TCAAP and discussed why the Office Flex space was removed. She reported because the buildings could no longer be built to 10 stories, it meant the residential units would have to be considered in other areas of the site. Councilmember Holden inquired if the lot sizes had been discussed for TCAAP. ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 9 Councilmember Monson stated this level of detail has not been addressed yet. Ms. Kvilvang indicated Alatus would like to better understand the comfort level of the Council before getting down to this level of detail. She questioned if the Council could consider a development plan with 1789 or 1960 units. Councilmember Holden discussed how important home ownership was to the original plans for TCAAP. She expressed concern with how many more rental units would be included within development now. Ms. Kvilvang reviewed the plans for the Hill and Creek neighborhoods. She noted the affordable units would be within the Town Center. City Administrator Perrault explained Alatus was looking into constructing townhouses and affordable stack houses. Mayor Grant commented on the differences between the 1460 and 1789 density scenarios. He stated he was surprised that the value of the development would only increase by $14 million going from 1460 to 1789 units. Councilmember Monson indicated she would like to see the development ensuring a level of home ownership as well within TCAAP. She commented she would be open to looking at the level of Office Flex if more jobs were needed. Mayor Grant reported jobs and home ownership were important to him as well. He saw value in a resident owning their property/unit. He explained jobs were important in order to move the project forward. Councilmember Monson believed the Council was providing good visioning and starting point information. Councilmember Holden commented she was just provided with the financial numbers and data and noted she was not prepared to discuss visioning for this development. Mayor Grant stated in the past, Mr. Lux would attend meetings and provide visuals. Ms. Kvilvang anticipated this would occur, but the Council would have to decide on a density scenario. Councilmember Rousseau explained she supported homeownership within the development as well. She didn't want to cram people into the development for the sake of cramming people in, but rather wanted people to have the right amount of space for their home. Councilmember Holden indicated she wanted to know more about how CR96 would be impacted by TCAAP. ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 10 Councilmember Monson stated this could be further addressed once a density scenario was selected. Mayor Grant asked if the AUAR had been updated. City Administrator Perrault stated this had not been done. Mayor Grant believed it would be beneficial to have a model or rendering of the site at each of the different density scenarios. City Administrator Perrault indicated it was too early to have this level of detail from the developer. He hoped the Council could land on one of the density scenarios at this meeting, either 1789 or 1960. Mayor Grant recommended the Council not overlook how this project, at the different density scenarios, would impact transportation and schools. City Administrator Perrault reported the County was looking further into the transportation impacts, but noted the adjacent roads were overbuilt in anticipation of this development. He explained he has had a number of conversations with the school district and noted they could handle the additional density. Councilmember Fabel stated it was his understanding the school district was anxious to get more students from Arden Hills into the schools. Councilmember Holden indicated she would support the Council further discussing this topic given the fact she was just provided these numbers at this meeting. Councilmember Monson stated she thought the Council would be trying to come to a consensus on the density at this meeting, but perhaps the Council was working to better understand the numbers. Further discussion ensued regarding the MOU with the developer. Ms. Kvilvang summarized the conversation of the Council noting she understood home ownership was important. E. Preliminary 2024 General Fund Budget Finance Director Bauman stated annually, City staff prepares and submits a preliminary budget to the City Council for review and feedback. Each department provided their respective forecasts for this budget. The proposed 2024 budget is $6,226,460, an increase of $696,280 or 12.6%. For the purpose of this discussion, there is a 13.2% ($621,270) tax levy increase reflected in the budget, all for the General Fund. As presented, the General Fund Budget is underfunded by $218,260 ($160,760 + $57,500), which is more than the budget shortfall projected in the 2023 budget of $160,760. This practice is not sustainable in the long term. Direction given at the July 2023 work session was to apply $57,500 of the 2022 fund balance to some one time operational ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 11 expenditures included in the 2024 Budget ($40,000 for ordinance updates and $17,500 for a comp study). This would cause the 2024 Budget to be underfunded by a minimum of $57,500. A tax levy increase of 16.6% ($782,030) would be needed to balance the budget in 2024. Staff provided further comment on the Preliminary 2024 General Fund Budget and requested feedback from the Council. Councilmember Monson asked where the surplus in the General Budget is transferred to. Finance Director Bauman reported these funds are placed in the PIR Fund. Councilmember Holden questioned if staff had pricing for the new City Attorney. City Administrator Perrault indicated it would depend on the chosen firm, but based on the proposals he did not anticipate they would increase the budget significantly. Councilmember Fabel expressed concern with the increased fees from the Ramsey County Sheriff's Department. City Administrator Perrault reported it was his understanding the sheriff's department had added two positions and was passing along higher administrative fees to their contract cities. Mayor Grant supported the fire department pursuing the safer grant. Councilmember Monson explained this grant would be pursued as the department commits to hiring new personnel for the full-time model. Councilmember Fabel questioned when the step and grade model was adopted for personnel. City Administrator Perrault stated this was done in 2014. He reported a compensation study was completed in 2018. Councilmember Fabel asked what the cost of living adjustment would be for 2024. Finance Director Bauman indicated the COLA was set to be 3%. Councilmember Monson expressed concerns with how inflation was impacting the economy and inquired if the 3% increase would be sufficient to retain employees. She asked if the personnel committee has looked into this. Mayor Grant commented on how Staff would be receiving step increases along with COLA. Councilmember Holden indicated Arden Hills was a small city and there were not the same opportunities as large cities. Finance Director Bauman reported the preliminary tax levy had to be approved by the City Council on September 11 or September 25. She asked if the Council would like to hold another budget worksession prior to considering the preliminary tax levy. ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 12 Councilmember Fabel stated he was concerned with how personnel costs may need to increase in order to retain employees. Councilmember Monson reported she was concerned with the fact the budget was under funded because there was very little extra included. Mayor Grant discussed how much the fire and police increases were impacting the budget and tax levy. He questioned why the Fire Department was proposing a 6% increase in one year. He supported the City going back to them and proposing a 3% increase over the next two years or a 2% increase over the next three years. Councilmember Monson stated she could go back and discuss this further with the Fire Board. Finance Director Bauman indicated she could provide the Council with a range of levy options, because the union contract would not be settled by September. Mayor Grant stated it was 8:00 p.m. and the Council has met its three hour limit. He questioned how the Council wanted to proceed. Councilmember Monson stated she would like to receive an update from staff on personnel. City Administrator Perrault indicated he could get through the final three items in 15 minutes. F. South Tower Repairs and Security Improvements Discussion Public Works Director/City Engineer Swearingen stated 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. Staff commented on options available to the City and explained staff will be pursuing the Urban Area Security Initiative (UASI) grant program to assist in funding the selected security improvements. Staff is requesting any feedback to the proposed improvements from City Council. Provided direction, staff will work with a selected consultant to submit a proposal for plans, specifications and construction administration and bring it back to Council for approval at an upcoming regular meeting Councilmember Holden supported the City having a security fence with barbed wire at the top. She indicated this was recommended by national security people as the minimum standard. She commented on how detrimental it would be to the community if the City's water were to go down. Mayor Grant commented the City may have to look at what can be done in the budget in 2024, not the expense for the upgrades may have to be spread over the next few years. ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 13 Public Works Director/City Engineer Swearingen reported he would speak with a design firm to learn more about the costs and would bring this back to the Council for consideration at a future meeting. G. LMCIT Meeting Planning City Administrator Perrault stated attempts to schedule a meeting with LMCIT Collaboration Services have not been successful, the same is true for the Council Retreat. Staff would like to know if Council would still want us to pursue a meeting with LMCIT Collaboration Services, ideally Council would be able to select a date at this worksession. Councilmember Holden supported staff continuing their efforts. Councilmember Monson agreed and noted she would like the Council to hold a retreat in early 2024. H. Personnel Updates City Administrator Perrault provided the Council with an update on personnel matters. He stated the personnel committee met last week and discussed employee retention. It was noted flexible work schedules were discussed. In addition, the City's dress policy was reviewed. He indicated another matter that was discussed was trying to move away from three official Council meetings and moving to two official meetings with worksession meetings held prior to the Council meetings. He stated the last item discussed was the City's PTO policy. Councilmember Rousseau explained she would be willing to consider the changed meeting schedule, but noted the Council was already holding very long meetings. City Administrator Perrault stated he understood this to be the case and commented this could be done on a trial basis. Councilmember Holden questioned when the worksession meetings would begin. City Administrator Perrault proposed the worksession meetings begin at 5:00 p.m. I. Council Tracker City Administrator Perrault provided the Council with an update on the Council Tracker. 4. COUNCIL COMMENTS AND STAFF UPDATES Councilmember Holden stated she has heard concerns about the road adjacent to the school. She commented on how the County was working on the trail to make it walkable when school starts. Councilmember Rousseau requested staff put information regarding the trail on Facebook. ARDEN HILLS CITY COUNCIL WORK SESSION — AUGUST 21, 2023 14 Community Development Director Jagoe commented on the code amendments that would be going to the Planning Commission in October. She asked if the Council supported further addressing ground mounted solar and accessory structure sizes. The Council supported these items waiting till 2024. ADJOURN Mayor Grant adjourned the City Council Work Session meeting at 8:17 p.m. Julie Hanson City Clerk David Grant Mayor -ARQEN_HILLS Approved: September 25, 2023 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL MEETING AUGUST 21, 2023 IMMEDIATELY FOLLOWING CITY COUNCIL WORKSESSION ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL DRAFT Pursuant to due call and notice thereof, Mayor David Grant called to order the Special City Council meeting at 8:20 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault, Public Works Director/City Engineer David Swearingen, Finance Director Gayle Bauman, Community Development Director Jessica Jagoe, and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA 2. CONSENT ITEMS A. Economic Development Commissioner Appointments • Motion to Approve Resolution 2023-041 Appointing Katherine Schneider as the Youth Commissioner to the Economic Development Commission (EDC) • Motion to Approve Resolution 2023-042 Appointing Sreya Subramanian to the Economic Development Commission (EDC) MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to approve Resolutions 2023-041 and 2023-42 Appointing Katherine Schneider as the Youth Commissioner and Sreva Subramanian as Commissioner to the EDC. The motion carried 5-0. 3. PULLED CONSENT ITEMS ARDEN HILLS SPECIAL CITY COUNCIL — AUGUST 21, 2023 2 4. COUNCIL/STAFF COMMENTS None. ADJOURN MOTION: Mayor Grant moved and Councilmember Monson seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Special City Council Meeting at 8:21 p.m. Julie Hanson David Grant City Clerk Mayor DRAFT -ARQEN_HILLS Approved: September 25, 2023 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING AUGUST 28, 2023 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Tom Fabel, Brenda Holden, Tena Monson and Emily Rousseau Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer David Swearingen; Community Development Director Jessica Jagoe; City Attorney Joel Jamnik; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Monson asked Item 8F be pulled from the Consent Agenda for discussion as Item 9A. MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried (5-0). 2. TCAAP/RICE CREEK COMMONS UPDATE City Administrator Perrault stated neither the Joint Development Authority nor the advisory committee have met since the last Council meeting. Staff did hold an internal meeting last week to discuss the upcoming September 5th JDA meeting, which will include a market condition update for the JDA and public. The Request for Development Interest process is still moving forward with Outlot A, otherwise known as the Thumb. That is scheduled to go to the JDA for review sometime in October. The Primer Tracer site auction is still open and as of last check only had two bidders, the soft close is projected for early September. There is still a public engagement event planned for the latter half of October. Lastly, on a few occasions the Council has asked for the status of the Public Safety numbers in the City's proforma. He did have conversations with ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 2 both the fire department and sheriff's office in the past few weeks and both generally agreed that we should use the numbers in our current proforma, they will not have a better estimate moving forward. As always, updates on the advisory committee can be found on our City's website. Mayor Grant asked when the soft close was scheduled for the Primer Tracer site. City Administrator Perrault indicated the soft close was set for September 6. Councilmember Holden clarified some inaccuracies that occurred at the last worksession. She explained City Administrator Perrault stated CR96 was able to handle "X" number of cars per day. She reported she was looking for further information on how the area would manage additional traffic and how long it would take residents on Karth Lake to get out only Hamline Avenue. She understood it was already difficult for residents to get onto Hamline Avenue and these were the numbers she was interested in learning more about. She understood the developer has proposed to build a $13 million park in the downtown TCAAP area, along with a $5 million park in The Creek and $5 million park in another neighborhood. She stated the developer agreed to build the park because he could bring it in cheaper. She commented on how it would be difficult to maintain HOA's in the downtown area. She reported the financial consultants have urged the City to raise the projected numbers for the Sheriff's Office and questioned why this has not been done. City Administrator Perrault noted these numbers have been raised since the term sheets and would more closely reflect what would be encountered with increased density on TCAAP. Mayor Grant commented he wanted to learn more about how TCAAP would impact the north/south roads in Arden Hills. He indicated he also wanted to see an analysis on the internal roads within TCAAP. City Administrator Perrault stated he would be happy to provide the 2019 AUAR to the Council. Councilmember Holden wanted to learn how long it would take someone living within the Creek neighborhood to get to the County Road. City Administrator Perrault explained the City does not have a traffic study that was that granular. Councilmember Monson reported at the recent worksession she suggested the Council hold a future worksession to further discuss TCAAP. She stated she was looking forward to this discussion. Councilmember Holden indicated she has been asking for this since February. City Administrator Perrault commented he has this on the list for potential worksession meeting topics. 3. PUBLIC INQUIRIES/INFORMATIONAL ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 3 Linda Swanson, 1124 Ingerson Road, addressed the JDA committee members. She noted Bob Lux provided three density scenarios (1785, 2050, and 2360 housing units) for TCAAP. She reported at the August 21 Council Worksession Ehlers provided different financial estimates for housing densities at 1460, 1790 and 1960. She questioned what has changed. She asked if the JDA Advisory Committee will be asking for financial assistance in the future. She inquired if the higher density scenarios were no longer being considered by the JDA. She then spoke to Councilmember Fabel noting when the slate came on, they were not looking back but instead was looking forward. However, Councilmember Fabel has continuously pointed fingers and said disparaging comments about the remaining Councilmembers and residents. She believed it would help move this group forward if these comments were withheld. She reported if Councilmember Fabel wants respect, he has to give respect. Lastly, she questioned when the JDA would a have a term sheet for the City to review. Kathryn Nelson, 3475 Siems Court, stated she almost got hit at the roundabout tonight. She thanked Councilmember Holden for responding to her so quickly about the dangerous situation, when there wasn't a stop sign on the north section of the roundabout. She did not believe anyone was concerned about the safety of residents, but rather there was only concern about the flow of traffic. She noted the park at Lindey's has been ruined and she anticipated the trees would be damaged. She discussed how the retaining wall and new parking lot at Lindey's was funded by the City and expressed concerned with how the eight new street lights at the intersection would impact the neighbors. She expressed frustration with the fact the trail along this roadway was torn up only one year after it was completed. She feared the residents that lived at this corner would have a reduced property value once the roundabout was complete. She encouraged the Council to use more forethought in the future when considering future intersection projects. Emily Campbell, 1473 Arden View Drive, stated she moved to Arden Hills five or six years ago because she liked how green and safe the community was. She explained as a nurse she wanted residents to have nice places to live that were affordable. However, she was concerned with the growing number of residences and how this would impact her neighborhood. She indicated she was concerned with the level of traffic at Highway 96 and Lexington Avenue. She stated this was a very busy roadway and she feared that the TCAAP development would add to this concern. She noted she was worried how Arden Hills residents would be required to pay for the infrastructure on the TCAAP project. She reported all fees have gone up significantly and she did not want to take on additional taxes. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS A. Commissioner Frethem Updates Ramsey County Commissioner Nicole Frethem introduced herself and provided the Council with an update from Ramsey County. She commented on the duties of the County and the initiatives they were pursuing, which included an appropriate response model for 911 services. The County's economic development and workforce initiatives were described. The HRA levy ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 4 was further discussed. She reported the County was pursuing curbside food scrap collection and should be up and running in the next couple of years. She explained drop off organics would continue to be an option for Arden Hills residents. Councilmember Monson asked if contract cities received the same appropriate response model for 911 services. Ramsey County Commissioner Frethem reported this was the case. Councilmember Rousseau stated she would like to learn more about the workforce initiatives being pursued by the County. Mayor Grant requested further information regarding the HRA levy. Ramsey County Commissioner Frethem stated the HRA levy was proposed to be $11 million for 2024 and it was noted this was a separate levy from the County's general tax levy. Mayor Grant questioned what the County's levy increase would be for the coming year. Ramsey County Commissioner Frethem estimated the levy increase to be 6.75% for 2024. She commented on how the County would be using cannabis dollars to assist with buying down the tax levy in future years. Councilmember Monson spoke to the benefits of organics recycling and stated she appreciated having residential organics recycling when she lived in Minneapolis. Ramsey County Commissioner Frethem discussed the numerous ways organics recycling would benefit residents and the environment. Councilmember Rousseau asked if the County had funding set aside for Lake Johanna Boulevard. Ramsey County Commissioner Frethem reported the County was trying to schedule a worksession meeting with the City to discuss the preferred design plans for the Lake Johanna corridor. 6. STAFF COMMENTS A. Transportation Update Public Works Director Swearingen provided the Council with an update on the Lexington Avenue project. He reported Lexington Avenue was now open to traffic but will have intermittent outside lane closures as the contractor completes trail and restoration work. He noted Red Fox Road would be closed on the west side of the intersection of Lexington Avenue on September 5 for concrete panel work. ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 5 Public Works Director Swearingen stated the roundabout at County Road E and Old Snelling was open for traffic in all directions. He reported the site was still active with construction traffic and he urged residents to use caution when traveling through this intersection. Councilmember Holden asked if the City maximized the bond for Lexington Avenue. Public Works Director Swearingen reported the bond was not maximized. Councilmember Holden suggested a request be made to maximize the bond in order to assist with covering the expense for the watermain work. Public Works Director Swearingen stated he would investigate this further. Mayor Grant reported he drove through the roundabout this evening and noted it was a very active intersection that would have ongoing construction. He advised residents to be careful when driving through this area. 7. APPROVAL OF MINUTES None. 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Parks, Trails, And Recreation Committee Appointments • Motion to Approve Resolution 2023-043 Appointing Maeve Edgar as the Youth Committee Member to the Parks, Trails and Recreation Committee (PTRC) • Motion to Approve Resolution 2023-044 Appointing Abigail Weber to the Parks, Trails and Recreation Committee (PTRC) C. Motion To Approve Agreement For Legal Services — Prosecution — Kelly And Lemmons D. Motion To Approve Professional Services Agreement Amendment No. 1 With Bolton & Menk, Inc. — 2024 PMP Street And Utility Improvements Project E. Motion To Approve Watermain Gate Valve Replacement Quote On Red Fox Rd — Valley -Rich Co., Inc. G. Motion To Approve Payment No. 2 — Margolis — Tree Planting H. Motion To Approve Proposal For Construction Materials Testing Services With Braun Intertec — Arden Manor Park And Floral Park Improvements MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried f L2 . ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 0 9. PULLED CONSENT ITEMS A. Motion To Approve Professional Services Agreement With TKDA — South Tower Improvements Project And Increase 2024 CIP Councilmember Monson explained she was inclined to hold the budget at $250,000 and once the pricing of the security items comes back, she could support the Council considering an adjustment. Mayor Grant thanked Councilmember Monson for her comments. He agreed adjustments could be made in the future once pricing was secured. Councilmember Rousseau asked how urgent this item was. Public Works Director Swearingen stated this was not a large project but there were several complicated pieces. He indicated the final design deadline for this project was February of 2024, in order to apply for grant funding. MO ION: Councilmember Holden moved and Councilmember Holden seconded a motion to Approve a Professional Services Agreement With TKDA — South Tower Improvements Project in an amount not to exceed $67,183. Councilmember Monson supported the CIP increase portion of this motion being removed from consideration. The motion carried (5-0). Councilmember Holden asked if the Council would have a chance to review the final numbers on the securities from the TKDA. Public Works Director Swearingen explained within the contract they will be providing estimates throughout the design of the project. He stated these numbers would come in at 50%, 90% and at final design. Councilmember Rousseau questioned if all of this information would be provided to the City in time to meet the February deadline. Public Works Director Swearingen reported this was the case. 10. PUBLIC HEARINGS A. Planning Case 2023-013 — Zoning Code Amendment — Chapter 13, Section 1325.05 Design Standards, Subd. 4.1) — Fencing Community Development Director Jagoe 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 ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 7 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. Staff reviewed the proposed ordinance amendments. Community Development Director Jagoe explained the City Council consensus was to proceed with the 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. Community Development Director Jagoe reviewed the Overview of Ordinance Amendments in further detail with the Council and reported the Planning 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. Councilmember Monson asked if the Planning Commission discussed the height of residential fences. Community Development Director Jagoe reported the Planning Commission did not discuss this. She noted residential fences would be limited to six feet at this time. She indicated PUD's would allow for applicants to seek flexibility for a taller fence. Councilmember Holden questioned how the City would monitor or enforce temporary fences. She recommended temporary fences be allowed from November 1 to March 31 versus allowing them for 150 days. Community Development Director Jagoe stated a specific number of days allows for seasonal summer fences for gardens, along with winter snow fences. She reported fences would be investigated based on complaints from neighbors. Councilmember Holden inquired if there was any provision that requires the finished side of the fence to be placed outwards. Community Development Director Jagoe commented there could be language that states subject to all other fencing provisions and this would require the finished side to be outwards. She reported all maintenance concerns with temporary fencing would be covered under current City Code language. Mayor Grant questioned if rebar can be put into the ground on December 1 and be taken out by April 30. He asked if 150 days for a snow fence works. ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 8 Public Works Director/City Engineer Swearingen stated heavy frost may be in the ground by December 1, but he believed 150 days was adequate for snow fencing. Councilmember Monson suggested temporary fences be allowed for a duration not to exceed 150 days, and snow fencing must be removed no later than "X" and the Council could set a specific date. Councilmember Fabel asked how many complaints the City receives on an annual basis regarding temporary fences. Community Development Director Jagoe estimated the City receives one to three complaints a year. Councilmember Rousseau inquired when winter fencing should be removed. Public Works Director/City Engineer Swearingen explained he relied on MNDOT to dictate when frost was leaving the ground. Councilmember Holden recalled the City has had several law suits regarding fences. She indicated temporary permits were allowed without permits in the past. She supported temporary snow fences being removed by April 1. She questioned where additional language would be added regarding the fencing requirements. City Attorney Jamnik recommended this be added to Subparagraph C in the sixth line from the bottom. Mayor Grant opened the public hearing at 8:22 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:23 p.m. B. Planning Case 2023-014 — Zoning Code Amendment — Chapter 13, Sale Of Lower -Potency Hemp Edibles 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 ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 9 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 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. 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 commented further on how lower -potency edible cannabinoid products were defined per the Minnesota Department of Health. Community Development Director Jagoe commented at your 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 indicated 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. 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 ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 10 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. Community Development Director Jagoe reviewed the Overview of Ordinance Amendments in further detail with the Council and stated the Planning 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-3, 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. Councilmember Fabel asked if there was any consideration to restricting sales to businesses that otherwise distribute alcohol, such as liquor stores or restaurants with a liquor license. He noted these establishments would be used to carding individuals prior to sales. Community Development Director Jagoe reported without action by the City Council to adopt an ordinance, a liquor store could sell the lower potency hemp products. Councilmember Fabel was of the opinion businesses that were familiar with carding for age restricted products, would have a better ability to manage the sales of lower potency products. Councilmember Holden questioned if the Sheriff's Department would be taking on enforcement efforts for these products. City Administrator Perrault stated he has not had a direct conversation with the Sheriff about the proposed ordinance changes. He noted there would be an Office of Cannabis Management (OCM) to assist with overseeing enforcement. Councilmember Holden asked how the City defined retail operations. Community Development Director Jagoe reviewed how zoning code defined retail operations, noting this was to be the principle use. Councilmember Holden expressed concern with the fact the apartments located in the B-2 district would be allowed to sell edibles. City Attorney Jamnik reported a home occupation is allowed in the residential units, but a CUP would not be allowed. He supported the City taking a slow approach when it came to lower potency sales and noted follow up could occur to this Ordinance over time. ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 11 Further discussion ensued on where lower potency sales would and would not be allowed in the City. Councilmember Rousseau stated she appreciated the work the Planning Commission did on this Planning Case. She asked if restaurants would be allowed to serve alcohol and cannabis drinks at the same time. City Attorney Jamnik reported most cities were allowing this going forward. He commented further on how regulations regarding cannabis would continue to change over the next year and a half. Mayor Grant indicated one of the options available to the Council would be to only allow lower potency sales in the B-3 District and watch this evolve. He noted other zoning districts could then be added if advisable. City Attorney Jamnik advised this would be an option to the City Council. Councilmember Rousseau explained residents could purchase edibles at the liquor store on CR96 in an adjacent community, if they aren't able to purchase in Arden Hills because restrictions were put in place. Councilmember Fabel commented on where would be occurring in the community. Mayor Grant asked if the distance should be limited next to schools and parks. Councilmember Fabel indicated he was fine with the distances as proposed by staff. He supported lower potency sales occurring at the one liquor store in the City. Mayor Grant questioned if the distance provision was State Statute. City Attorney Jamnik reported this language was not State Statute. Mayor Grant opened the public hearing at 8:54 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:55 p.m. C. Interim Ordinance — Adult Use Cannabis Business Moratorium Assistant to the City Administrator/City Clerk Hanson stated 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. ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 12 Assistant to the City Administrator/City Clerk Hanson reported 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 as well as a summary ordinance. 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. She indicated no comments have been received to date. Mayor Grant stated it was his understanding cities with a population of less than 10,000 would have to issue at least one business license for cannabis sales. Assistant to the City Administrator/City Clerk Hanson stated this was the case. Councilmember Rousseau questioned when this moratorium would be revisited because it seemed as if the recent THC moratorium could have been revisited earlier than it was this past summer. Assistant to the City Administrator/City Clerk Hanson indicated the City waited on this moratorium in order to gather as much information as possible from the State legislature, which also had certain information that could affect the City's THC moratorium at the time. She described the timeline on this moratorium and noted it would be revisited based on information from the State and League of Minnesota Cities. Mayor Grant opened the public hearing at 9:00 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 9:01 p.m. 11. NEW BUSINESS A. Planning Case 2023-013 — Zoning Code Amendment — Chapter 13, Section 1325.05 Design Standards, Subd. 4.1) — Fencing • Ordinance 2023-008 — Amendments to Chapter 13, Section 1325.05, Subd. 4.1) • Authorization for Publication of Summary Ordinance 2023-008 Community Development Director Jagoe stated staff has prepared a draft ordinance showing language to be added underlined for your review. 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 ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 13 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. Community Development Director Jagoe commented further on the proposed amendments to the City Zoning Code, Chapter 13 and offered the following Findings of Fact: 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. 4.1) for Fences. 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. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to adopt 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. Councilmember Rousseau stated she believed there was interest in amending the motion to ensure the finished side of fences were facing outwards. AMENDMENT: Councilmember Monson moved and Councilmember Holden seconded a motion to add language under Subparagraph C to read: Temporary fencing may be installed for a duration not to exceed 150 days and a snow fence must be removed no later than April 11t of each year. The amendment carried (5-0). The amended motion to adopt 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 and to include language stating temporary fencing may be installed for a duration not to exceed 150 days and a snow fence must be removed no later than April 1st of each year carried (5-0). ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 14 MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to authorize staff to publish a Summary Ordinance of Ordinance 2023-008 for Planning Case 23-013. The motion carried (5-0). B. Planning Case 2023-014 — Zoning Code Amendment To Chapter 13, Sale Of Lower Potency Hemp Edibles • Ordinance 2023-009— Amendments to Chapter 13, Sections 1305.04, 1320.05 and 1325.02 • Authorization for Publication of Summary Ordinance 2023-009 Community Development Director Jagoe stated staff has prepared a draft ordinance identifying language to be added for the City Council's review. 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 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. Staff reviewed the sections that would be amended in further detail with the Council and offered the following Findings of Fact: 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 13- 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. Councilmember Monson asked if the setbacks would be measured from property line to property line. Community Development Director Jagoe reported this was the case. Mayor Grant questioned how many liquor licenses the City had at this time. ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 15 Assistant to the City Administrator/City Clerk Hanson explained the City had nine total liquor licenses. Councilmember Holden inquired if low potency sales could occur at the bookstore at Bethel University. City Attorney Jamnik commented this could not be done on the campus, but could possibly occur at the Anderson Center. Councilmember Rousseau asked how many businesses in the community have tobacco licenses. Assistant to the City Administrator/City Clerk Hanson stated there are six total tobacco licenses. Councilmember Monson anticipated the public park near the Anderson Center would prohibit this property from selling low potency edible products. Councilmember Holden noted Bethel University also has a property near Health Partners. Councilmember Monson supported limiting sales to restaurants that have a beer, wine or liquor license. Mayor Grant commented he would prefer low potency sales to occur only at off -sale liquor establishments, along with restaurants that have liquor licenses. He noted he supported sales occurring at these establishments over establishments with tobacco licenses. Councilmember Holden indicated she could support low potency sales occurring at establishments with tobacco licenses. She noted these license holders had to pass compliance checks on an annual basis, along with those establishments that have a liquor license. In addition, she supported low potency sales at the nine restaurants with liquor licenses and the two off sale liquor license establishments. Councilmember Rousseau stated she agreed with Councilmember Holden's recommendation. She asked what the restrictions were for the placement of these products. Assistant to the City Administrator/City Clerk Hanson explained these products had to be placed behind the counter. Councilmember Monson asked what other retail sales and service businesses were in the City that required carding. Community Development Director Jagoe reported these businesses would include all retail liquor and tobacco establishments. Councilmember Holden questioned how many tobacco and liquor licenses were allowed in the City. ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 16 Assistant to the City Administrator/City Clerk Hanson stated the City does not have a limit in place for tobacco licenses and the City currently had six tobacco establishments. She noted the City can have no more than six liquor licenses but that restaurants and bowling alleys do not affect the number of allowable liquor licenses. She noted the City currently has two off -sale licenses that count toward the six total. Councilmember Holden indicated she could not support the Ordinance the way it was written. She supported the nine liquor license holders, including the two off -sale liquor licenses, and six tobacco license holders to be able to sell low potency hemp products in Arden Hills. City Attorney Jamnik commented this would require an amendment to Paragraph 1 where the principle uses are defined, this would have to be modified to include licensed liquor and tobacco businesses. City Administrator Perrault questioned if action on this item should be tabled in order to allow staff to redraft the Ordinance language. Councilmember Holden inquired if the language should also be reconsidered to allow for sales after 10:00 p.m. Councilmember Fabel supported the 10:00 p.m. language being further considered noting THC drink sales at restaurants may occur after this time. He asked if any of the distances within the Ordinance were realistic. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to adopt Ordinance 2023-009 for Planning Case 23-014 for 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, NB, and GB Zoning Districts, and Section 1325.02 Accessory Uses to establish requirements and criteria for Lower -Potency Hemp Edible Sales as a conditional accessory use as amended allowing sales at city businesses with tobacco or liquor licenses and removing all remaining bullet points. The motion carried 4-1 (Councilmember Rousseau opposed). MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to authorize staff to publish a Summary Ordinance of Ordinance 2023-009 for Planning Case 23-014. The motion carried (5-0). C. Adult Use Cannabis Business Moratorium Ordinance 2023-010 — Interim Ordinance Prohibiting the Operation of Cannabis Businesses • Authorization for Publication of Summary Ordinance 2023-010 Assistant to the City Administrator/City Clerk Hanson stated earlier this evening, the required Public Hearing was held (Item 10C) 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, ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 17 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. Councilmember Monson stated she believed this moratorium was important until the City had better information from the Office of Cannabis Management (OCM). Mayor Grant agreed noting he believed there would be a considerable number of issues addressed by the State and the OCM. Councilmember Rousseau concurred and hoped the State would have the OCM up and running by January 1, 2025. MOTION: Councilmember Monson moved and Councilmember Rousseau seconded a motion to adopt Ordinance 2023-010 — Interim Ordinance Prohibiting the Operation of Cannabis Businesses. The motion carried (5-0). MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to authorize staff to publish a Summary Ordinance of Ordinance 2023-010. The motion carried (5-0). 12. UNFINISHED BUSINESS None. 13. COUNCIL COMMENTS Councilmember Monson reported the County was conducting a survey through a QR code at their playgrounds at this time. She encouraged the City to consider conducting a survey in this manner in the future. Councilmember Holden stated Met Council grants were available for fixing home to street sewer lines. She encouraged the City to opt in this grant program. Councilmember Holden commented on the financials for TCAAP that were presented by Ehlers at the last worksession. She asked why TIF information was not included in this project. City Administrator Perrault stated at this time TIF was not included in the TCAAP proforma. Councilmember Holden recommended the ordinance language for committee members be reconsidered because as the language reads right now a committee could be made up of four or five youth members. Councilmember Rousseau thanked Councilmember Holden for bringing this up. She also noted ongoing work regarding use of QR codes. ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 18 Councilmember Rousseau stated Clayton Zimmerman has stepped down from the Planning Commission. She thanked him for his years of service to the City. She suggested Mr. Zimmerman be recognized for his years of service. Councilmember Rousseau reported the EDC met last week and discussed the sign code ordinance. Councilmember Rousseau requested the Council discuss the potential of keeping ducks at a future work session in December or January, along with the amount of time and the process that is followed to get a license for a food truck. Mayor Grant stated he attended the Round Lake Senior Living open house with several other Councilmembers. He indicated this facility was doing quite well and he invited the public to visit the park adjacent to this facility. Mayor Grant reported at the last worksession the Council discussed going to two meetings a month with worksessions held prior to Council meetings. He questioned if the Council wanted to start holding these meetings in October or November. Councilmember Holden indicated she would not be available before 5:00 p.m. on Mondays. She suggested these meetings begin in November. Councilmember Rousseau questioned when the EDA would be meeting. City Administrator Perrault explained this meeting would be held at the end of October. Councilmember Fabel supported holding worksessions prior to Council meetings as soon as possible. Councilmember Monson agreed this new meeting schedule should start in October. Councilmember Holden asked if the State of the City could be held on February 3 because she could not attend if it was held on January 20. The Council agreed to this date change for the State of the City. Mayor Grant suggested the Council begin holding worksessions prior to Council meetings beginning in October with meetings beginning at 5:00 p.m. Mayor Grant provided the Council with an update on Outlot A noting there were six submittals for this property. City Administrator Perrault explained the submittals would be reviewed by the County Board in a closed session meeting and then a recommendation would be requested from the JDA. ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 19 ADJOURN M ION: M yor Grant moved and Councilmember Monson seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 9:56 p.m. Julie Hanson David Grant City Clerk Mayor CONSENT ITEM 8A ARZEEN HILLS MEMORANDUM DATE: September 25, 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 #19 Paid Claims - 09/02/2023-09/18/2023 (Check Nos. 52077-52112 and ACH Checks) Total Payroll $95,366.76 $95,366.76 $399,122.88 Total Accounts Payable $399,122.88 Total Claims $494,489.64 CITY OF ARDEN HILLS PAYROLL # 19 CHECKS DATED: 09/15/23 Biweekly: 08/26/23 - 09/08/23 EMPLOYEE DEDUCTIONS AMT. CITY BENEFIT 1 7,941.44 EFT A Oasdi 4,970.32 4,970.32 EFT k Medicare 1,162.39 1,162.39 EFT 3.440.39 EFT & Premium 1,749.56 0.00 A/P Check* al Premium 95.88 0.00 A/P Check* Health Care Reimb. 0.00 A/P Check* Dependent Care Reimb. 0.00 A/P Check* 'AL FLEXIBLE SPENDING 1,845.441 0.00 Health Saving 1 1,007.691 0.00 EFT AL HEALTH SAVINGS 1 1,007.691 0.00 A 4,970.33 5,735.02 EFT EFT A/P Check* EFT A 2,315.07 447.42 ral Pension Fund -Union 1,344.00 State Retirement System 500.00 'AL RETIREMENT 1 9.129.401 6.182.44 ,FLAC 22.76 EFT A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* ife/Addl/Dep Life 40.44 0.00 ife/Addl non -tax 9.40 TD/STD Insurance 32.00 ERA Life Insurance 122.50 JOE 49 Dues (Union) 1 19.51 NUM 1 0.00 Total Employee Deductions 29,743.68 Net Payroll 0.00 Direct Deposit 53,307.93 Gross Payroll Tie -Out 83,051.61 Plus City Paid Benefit 12,315.15 TOTAL PAYROLL COST 95,366.76 FICA TIE -OUT Gross Payroll 83,051.61 Less Total FSA 1,845.44 Less Total H.SA 1,007.69 Less Voluntary Ins 32.16 Net P/R Subject to FICA 80,166.32 FICA Oasdi @ 6.20% 4,970.32 FICA Medicare @ 1.45% 1,162.39 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: 9/19/2023 4:05 PM ---ARDEN HILLS Check No Vendor No Invoice No Vendor Name Check Date Description Reference Check Amount ACH 0243 M TROPOLITAN COUNCIL -WASTE Wf 09/08/2023 0001161948 Waste Water -October 70,447.39 Total for this ACH Check for Vendor 0243: 70,447.39 ACH 0292 OXYGEN SERVICE COMPANY INC 09/08/2023 0003563538 August Rental 34.01 Total for this ACH Check for Vendor 0292: 34.01 ACH 10363 M NUTE MAKER SECRETARIAL 09/08/2023 M1743 August CC Meeting Minutes 739.50 Total for this ACH Check for Vendor 10363: 739.50 ACH 10476 TWIN CITIES COMMERCIAL CLEANEI 09/08/2023 08231034 Janitorial Services -August 2,005.58 Total for this ACH Check for Vendor 10476: 2,005.58 ACH 4709 WARNING LITES INC 09/08/2023 2624 Road Work Signs 1,295.96 Total for this ACH Check for Vendor 4709: 1,295.96 ACH 4889 COMMUNITY FOOTWORKS 09/08/2023 09062023 September Foot Clinic 384.80 Total for this ACH Check for Vendor 4889: 384.80 ACH 5173 BADGER METER 09/08/2023 80137483 Beacon & LTE Sery Units -August 640.03 Total for this ACH Check for Vendor 5173: 640.03 ACH 5665 M TERING & TECHNOLOGY SOLUTI( 09/08/2023 INV3049 M 0 Meters 226.57 Total for this ACH Check for Vendor 5665: 226.57 ACH ALPI ALLEGRA PRINT & IMAGING INC 09/08/2023 170140 August September Newsletter 2,463.72 170140 August September Newsletter Postage -0.21 Total for this ACH Check for Vendor ALPI: 2,463.51 ACH TOII TOKLE INSPECTIONS INC 09/08/2023 090123 Electrical Inspections -August 4,944.81 Total for this ACH Check for Vendor TOII: 4,944.81 52077 UB*00686 JOHN or MARIA BRAUN 09/08/2023 AP Checks by Date - Detail by Check Date (9/19/2023 4:05 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Refund Check 003830-000, 1280 Karth Lake Ci 248.74 Total for Check Number 52077: 248.74 52078 CPF1 CENTRAL PENSION FUND SOURCE A 09/08/2023 184503.0923 August Pension 3,072.00 Total for Check Number 52078: 3,072.00 52079 1033 COMCAST 09/08/2023 101030.0923 Service 9/3-10/2 108.35 Total for Check Number 52079: 108.35 52080 UB*00687 GARY HOEFS 09/08/2023 Refund Check 000242-000, 4405 Arden View C 41.54 Total for Check Number 52080: 41.54 52081 0222 LEAGUE OF MINNESOTA CITIES 09/08/2023 09062023 2023 Mayors Membership Dues 30.00 Total for Check Number 52081: 30.00 52082 10523 METRO-INET 09/08/2023 1447 IT Support -September 8,838.00 Total for Check Number 52082: 8,838.00 52083 10548 PRAIRIE RESTORATIONS INC 09/08/2023 INV-004783 Plants -Hazelnut Restoration 183.68 Total for Check Number 52083: 183.68 52084 3100 PROVIDENT LIFE AND ACCIDENT INS 09/08/2023 E0471136.0823 August Insurance 39.02 Total for Check Number 52084: 39.02 52085 10279 QUADIENT LEASING USA IINC 09/08/2023 N10091016 Q3 2023 Postage Lease 1,297.71 Total for Check Number 52085: 1,297.71 52086 0005 READY WATT ELECTRIC 09/08/2023 2215839 Civil Defense Sirens 2,180.00 Total for Check Number 52086: 2,180.00 52087 10546 SPECIALTY SOLUTIONS LLC 09/08/2023 I52572 Mulch and Hydro Seed 785.26 I52575 2023 PW Paving Project 216.50 Total for Check Number 52087: 1,001.76 52088 3099 TRI STATE BOBCAT INC-LITTLE CANT 09/08/2023 E35230 Rotary Tiller Rental 230.00 Total for Check Number 52088: 230.00 Total for 9/8/2023: 100,452.96 AP Checks by Date - Detail by Check Date (9/19/2023 4:05 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0189 GOPHER STATE ONE CALL 09/15/2023 3080190 August Locates 91.35 3080190 August Locates 91.35 3080190 August Locates 91.35 Total for this ACH Check for Vendor 0189: 274.05 ACH 0285 XCEL ENERGY 09/15/2023 842509307 7/18/23-8/16/23 1,753.90 842509307 7/18/23-8/16/23 2,036.29 842509307 7/18/23-8/16/23 297.83 842509307 7/18/23-8/16/23 1,429.39 842509307 7/18/23-8/16/23 60.07 842509307 7/18/23-8/16/23 235.65 842509307 7/18/23-8/16/23 2,155.90 Total for this ACH Check for Vendor 0285: 7,969.03 ACH 0320 HEALTH PARTNERS INC 09/15/2023 009598098800 October Insurance 1,034.34 009598098800 October Insurance 16,475.31 Total for this ACH Check for Vendor 0320: 17,509.65 ACH 0382 MISSIONSQUARE #106944 09/15/2023 PR 23-19 PR Batch 00200.09.2023 ICMA Employer Perce PR Batch 00200.09.2023 ICN 447.42 PR 23-19 PR Batch 00200.09.2023 ICMA Employee Perce PR Batch 00200.09.2023 ICN 387.76 Total for this ACH Check for Vendor 0382: 835.18 ACH 0387 MISSIONSQUARE #302482 09/15/2023 PR 23-19 PR Batch 00200.09.2023 ICMA Employee Perce PR Batch 00200.09.2023 ICN 224.31 PR 23-19 PR Batch 00200.09.2023 ICMA Employee Dedu PR Batch 00200.09.2023 ICN 1,703.00 Total for this ACH Check for Vendor 0387: 1,927.31 ACH 0922 NINENORTH 09/15/2023 2023-153 AugustAudio/Visual 1,177.83 2023-153 AugustAudio/Visual 180.00 Total for this ACH Check for Vendor 0922: 1,357.83 ACH 10497 CINTAS CORP 09/15/2023 5173981357 PW First Aid -September 115.67 5173981357 CH First Aid -September 37.98 Total for this ACH Check for Vendor 10497: 153.65 ACH 1125 BOLTON & MENK INC 09/15/2023 0318382 2022 Snelling Ave 652.00 0318386 2024 PMP 10,053.00 Total for this ACH Check for Vendor 1125: 10,705.00 ACH 1223 ADAM'S PEST CONTROL - MAIN 09/15/2023 3722316 Pest Control -September 85.83 Total for this ACH Check for Vendor 1223: 85.83 ACH 7501 KELLY & LEMMONS PA 09/15/2023 61398 August Prosecution 5,101.01 AP Checks by Date - Detail by Check Date (9/19/2023 4:05 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 7501: 5,101.01 ACH 8032 PACE ANALYTICAL FIELD SVC INC 09/15/2023 1223-7535 Drinking Water Survey -August 1,204.30 Total for this ACH Check for Vendor 8032: 1,204.30 ACH FPTC FLEXIBLE PIPE TOOLS AND EQUIPME 09/15/2023 29175 Repair to Camera Trailer #85324 644.25 Total for this ACH Check for Vendor FPTC: 644.25 52089 1053 ALLIED BLACKTOP COMPANY INC 09/15/2023 10437 Street Maintenance -Seal Coat 33,882.04 10513 Street Maintenance -Fog Seal 4,185.00 Total for Check Number 52089: 38,067.04 52090 10200 BADGER STATE INSPECTION LLC 09/15/2023 1001167 Field Inspection 1,000.00 Total for Check Number 52090: 1,000.00 52091 1018 BETHEL UNIVERSITY 09/15/2023 091423 TCG Grant 7,915.00 Total for Check Number 52091: 7,915.00 52092 MISC1 BUILDING STRONG COMMUNITIES D 09/15/2023 091423 TCG Grant-Ribfest 7,915.00 Total for Check Number 52092: 7,915.00 52093 10483 CENTRAL PENSION FUND 09/15/2023 401333.0823 Apprenticeship -August 298.00 Total for Check Number 52093: 298.00 52094 10549 COACH CLIFF'S GAGA BALL PIT LLC 09/15/2023 38643 Gaga Ball Pit -Floral Park 1,201.50 38643 Gaga Ball Pit -Arden Manor 1,201.50 Total for Check Number 52094: 2,403.00 52095 1033 COMCAST 09/15/2023 98681.0923 Service 9/5-10/4 111.32 Total for Check Number 52095: 111.32 52096 1900 INDEPENDENT SCHOOL DISTRICT #6, 09/15/2023 6982 Track Busing 870.00 Total for Check Number 52096: 870.00 52097 0390 INT'L UNION OPERATING ENGINEERS 09/15/2023 1200.0923 September Dues 245.00 Total for Check Number 52097: 245.00 52098 1951 KIRBYBUILT 09/15/2023 INVKSA5003 Bike Rack and Bench -Arden Manor 2,262.56 INVKSA5003 Bike Rack and Bench -Floral Park 4,096.21 AP Checks by Date - Detail by Check Date (9/19/2023 4:05 PM) Page 4 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Check Number 52098: 6,358.77 52099 0222 LEAGUE OF MINNESOTA CITIES 09/15/2023 389084 Membership Dues 2023-2024 10,620.00 Total for Check Number 52099: 10,620.00 52100 UB*00690 JING YANG LI 09/15/2023 Refund Check 004982-000, 1422 Arden View E 29.27 Total for Check Number 52100: 29.27 52101 10448 MARCO TECHNOLOGIES LLC 09/15/2023 509917001 Copier 9/25-10/25 200.35 509917001 Copier 9/25-10/25 35.36 Total for Check Number 52101: 235.71 52102 MARO MARGOLIS COMPANY 09/15/2023 1797 2023 AH Tree Plan -Payment 2 -1,750.50 1797 2023 AH Tree Plan -Payment 2 35,010.00 1846 2023 AH Tree Plan -Payment 2 2,175.00 Total for Check Number 52102: 35,434.50 52103 5443 METRO PRODUCTS INC 09/15/2023 176159 Supplies 109.96 Total for Check Number 52103: 109.96 52104 2732 MINNESOTA WISCONSIN PLAYGROUP 09/15/2023 2023431 Dog Park Equipment 5,000.00 2023431 Dog Park Equipment 523.00 Total for Check Number 52104: 5,523.00 52105 10533 MKC INC 09/15/2023 2023-8 CDBG-August 845.00 Total for Check Number 52105: 845.00 52106 10550 RJ THOMAS MFG CO INC 09/15/2023 265872 Grill/Hot Coal Bin -Arden Manor 1,328.00 265872 Grill/Hot Coal Bin -Floral 1,328.00 Total for Check Number 52106: 2,656.00 52107 1074 PRECISION LANDSCAPE & TREE INC 09/15/2023 87391 Tree Removal Amble/Dellwood 1,500.00 Total for Check Number 52107: 1,500.00 52108 0811 RAMSEY COUNTY 09/15/2023 SHRFL-002174 Law Enforcement -September 120,856.63 Total for Check Number 52108: 120,856.63 52109 0335 SCHERER BROS LUMBER CO 09/15/2023 704059 Boy Scout Project -Floral Park 461.35 Total for Check Number 52109: 461.35 AP Checks by Date - Detail by Check Date (9/19/2023 4:05 PM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 52110 UB*00688 JEAN SMITH 09/15/2023 Refund Check 000270-000, 4428 Arden View C 40.24 Total for Check Number 52110: 40.24 52111 UB*00689 ANDREW or MARY STRANGE 09/15/2023 Refund Check 003235-000, 1703 Crystal Avenu 281.14 ACH JOHC JOHNSON CONTROLS INC 1-130424965065 Installation of CVM VAV controller 1-131124230152 Diagnosis -system not cooling 52112 6748 RELIANCE STANDARD GL154938.0923 September Insurance Total for Check Number 52111: 281.14 Total for 9/15/2023: 291,543.02 09/18/2023 3,519.00 1.965.20 Total for this ACH Check for Vendor JOHC: 5,484.20 09/18/2023 1.642.70 Total for Check Number 52112: 1,642.70 Total for 9/18/2023: 7,126.90 Report Total (59 checks): 399,122.88 AP Checks by Date - Detail by Check Date (9/19/2023 4:05 PM) Page 6 CONSENT ITEM — 8B ,-iIZEN HILLS MEMORANDUM DATE: September 25, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Interim Policies — Flexible Scheduling and Dress for Your Day Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • The proposed interim policies regarding flexible scheduling and dress for your day effective from the date of approval through December 31, 2024. Discussion At the September Worksession, the City Council discussed possible interim policies relating to flexible scheduling and the current dress code at City Hall. This was following recommendations from the Personnel Committee on policy changes to help retention and boost employee morale. These changes are not permanent changes, but will be in -effect for a little over one year. Next fall, City Staff will review these changes and make a recommendation to the Personnel Committee and City Council on whether or not to make the changes permanent, additional changes, or to remove the policies all together. At any time, either of these interim policies may be revoked by the City Council or City Administrator without prior notice. The language for the interim policies is below: Flexible Scheduling To ensure employee availability and accountability to the public the City serves, all full-time employees (exempt and non-exempt) are to be at work or available to the public and co-workers during the hours of 9 a.m. to 3:30 p.m., at least four days per week, unless away from the work site for a work -related activity or on approved leave. Employees choosing to work a schedule other than the typical schedule (i.e. City Hall's normal operating hours) must have written approval from their supervisor and Department Head. Alternate schedules may include, but are not limited to: eight hour days differing from the normal operating hours, four nine -hour days with one half day, five nine -hour days with a specific day off every other week, or four ten-hour days. Employees with either a half or full day off according to their flexible schedule should not expect that their day off will be Monday or Friday. Schedules will be approved based on the needs of the City, and not all employees will be eligible to work a schedule other than the normal City Hall operating hours. An employee's Page 1 of 1 supervisor, Department Head, or the City Administrator may cancel any or all flexible scheduling at any time. Dress For Your Day Dress For Your Day policy allows for non -uniformed employees to use their best judgment when deciding what to wear to work every day, with some basic guidelines. The idea is each employee should consider what their workday looks like and dress accordingly. For example, employees are allowed to wear casual clothing on workdays when they do not have meetings with residents or other outside third parties. Employees are still expected to wear clothing appropriate for an office environment, and traditional business attire is always acceptable. There may be days when residents or visitors are expected at City facilities and all staff may be required to forgo Dress For Your Day and be required to wear business causal or business attire. These days will be announced in advance so employees can plan accordingly. In all instances, clothing and appearance must be neat, clean, not ripped, not heavily frayed or worn, and not expose an excessive amount of skin. Employees are allowed to wear jeans clean and free of rips, tears, fraying and not excessively tight or revealing. The following are examples of clothing and shoe choices that are never acceptable, but it is not an exhaustive list. When in doubt, consult with Administration. • Clothing and/or accessories including offensive/inappropriate images or words, including images/words that are discriminatory or sexual • Sweatpants, yoga pants and other exercise apparel • Leggings unless combined with a top that reaches at least mid -thigh • Beach wear • Overalls • Very short skirts • Shirts with writing or large logos (unless city or affiliated business organization logo) • Spaghetti -strap tops or dresses unless covered by a jacket or sweater • Crop tops, tank tops, halter tops or any clothing showing midriffs • Sheer or revealing clothing • Sports jerseys (unless part of a planned employee event) • Flip-flops, house slippers, moccasins, Crocs shoes Budget Impact N/A Attachment N/A Page 2 of 1 CONSENT ITEM — 8C 'It EN HILLS MEMORANDUM DATE: September 25, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Resolution 2023-047 Authorizing a Grant Agreement for County Rd E and Old Snelling Sanitary Sewer and Water Utility Improvements Budgeted Amount: Actual Amount: Funding Source: $510,000 $510,000 State Bond Grant Funds Council Should Consider Motions to approve, table, or deny the following: Resolution 2023-047 authorizing the City of Arden Hills to apply for a grant from the Minnesota Public Facilities Authority and to enter into a Grant Agreement for the City of Arden Hills. Background/Discussion The Minnesota Public Facilities Authority (PFA) provided notice that the City received a State Bonding Bill appropriation in the amount of $510,000 for watermain and sanitary sewer improvements at the intersection of County Road E and Old Snelling Avenue. Staff is preparing the required application documents necessary to receive the grant funds through PFA, as provided in Attachment A. A resolution is required to be submitted along with the application materials stating that the City has the legal authority to apply for the grant, and capacity to ensure proper delivery of the project, and authorization to execute the grant agreement. Resolution 2023-047 is provided in Attachment B for Council consideration and approval. Budget Impact The grant will cover up to $510,000 of the cost to construct the sanitary sewer and watermain within the intersection of County Road E and Old Snelling Avenue. Attachments Attachment A: 2023 Special Appropriation Funds Application Packet Attachment B: Resolution 2023-047 Page 1 of 1 Attachment A rYi MINNeSOTA PUBLIC FACILITIES AUTHORITY 2023 Special Appropriation Funds (General Obligation Bonds) August 2023 Minnesota Public Facilities Authority 1st National Bank Building, Suite W820 • 332 Minnesota Street Saint Paul, MN 55101-1378 651-259-7469 • 800-657-3858 TOLL FREE • MN Relay 711 • TTY/TDD: 651-296-3900 www.mn.gov/pfa An equal opportunity employer and service provider Minnesota Public Facilities Authority CONTENTS GeneralInformation...................................................................................................................................................3 Minnesota Management and Budget (MMB) Resources......................................................................................3 State General Obligation Bond Appropriation.......................................................................................................4 EffectiveDate.....................................................................................................................................................4 FullProject Funding............................................................................................................................................4 Reimbursement/Disbursement Requests..........................................................................................................4 On -going Requirements......................................................................................................................................4 Annual Audits/Financial Statements..................................................................................................................5 SharePointSite...................................................................................................................................................5 Summary of Construction Requirements...............................................................................................................5 SpecialAppropriation Checklist..................................................................................................................................7 Items submitted to PFA with the application.....................................................................................................7 Items submitted to the PFA prior to disbursement of funds.............................................................................8 Form1— Project Contacts..........................................................................................................................................9 Form2 — Project Information.................................................................................................................................. 11 Form 3 — Tax -Compliance Certification Checklist.................................................................................................... 15 Form 4 — Budget (Sources and Uses) Instructions................................................................................................... 17 Form 5 Special Appropriation Resolution EXAMPLE............................................................................................... 19 APPENDIX A State Prevailing Wages - Required Construction Contract Language ................................................. 21 APPENDIX B Real Property Declaration and Waiver Requirements........................................................................ 23 Minnesota Public Facilities Authority Example Real Property Declaration........................................................ 24 Information for Requesting a Waiver from Real Property Filing........................................................................ 27 Example Letter to MMB Requesting Approval of a Waiver................................................................................ 29 ExampleWaiver Certification.............................................................................................................................. 31 GO Bond Special Appropriation Forms 2 of 32 August 2023 Minnesota Public Facilities Authority GENERAL INFORMATION Recipients of a special appropriation grant from the 2023 Minnesota Legislature are required to enter into a grant agreement with the Minnesota Public Facilities Authority (PFA) for the project funding. PFA needs information and documentation about the project before a grant agreement can be prepared. This packet provides information on the process and the project requirements for State general obligation bond funded projects. It also includes forms and a checklist to help you prepare and submit the information. This packet includes: • Special appropriation forms (fillable PDF) • Sources/Uses form (excel) • Checklist of documents to submit • Example application resolution • State prevailing wage contract language • Example declaration form and waiver request Return completed forms, supporting documents and resolution to your loan officer via email. Contact information is identified in the transmittal letter. Minnesota Management and Budget (MMB) Resources Minnesota Management and Budget's website includes documents and information on the requirements for capital funded projects. After the Bonding Bill (MMB memo): NOTE: this information is not yet available. Please check MMB's website for updates Capital Proiects / Minnesota Management and Budget (MMB) (mn.gov) for important information about project requirements. Capital Grants Manual: https://mn.gov/mmb/debt-management/capital-projects/capital-grants-manual/ PFA uses Minnesota Management and Budget's (MMB) standard grant agreement templates for the grant agreements. Grant Agreement Templates and Checklists: https://mn.gov/mmb/debt-management/capital- prolects/grant-agreements/ GO Bond Special Appropriation Forms 3 of 32 August 2023 Minnesota Public Facilities Authority State General Obligation Bond Appropriation Projects financed with the proceeds of state general obligation bonds are subject to requirements of the Minnesota Constitution, state statutes, appropriation bill language and state accounting policies. Projects must have a public purpose and public ownership. The grantee must demonstrate its ability to fully fund the project and, once constructed, be able to operate and maintain the facility. General obligation bond proceeds can only be used for items specified in the appropriation bill language and must be for eligible capital expenditures. For example, if the appropriation language states: "For a Grant to the City of Frostbite Falls to construct improvements to the water treatment plant." The grant funds can only be used to construct improvements to the water treatment plant (no engineering or other costs allowed). If the appropriation language states: "For a grant to the City of Frostbite Falls to engineer, acquire land for and construct improvements to the water treatment plant'; then engineering, acquisition and construction costs are an eligible use of the special appropriation grant for the water treatment plant. Effective Date Costs incurred before the effective date of the bill, June 2, 2023, are not eligible for reimbursement under the grant agreement unless specifically identified in the appropriation language. Full Project Funding Grant Recipients must document full project funding is in place before PFA can issue a grant agreement. If project costs are more than the funds appropriated, or if the appropriation language requires a non -state match or contribution, the recipient must provide documentation that needed cash, financing, other grants, etc., are in place. Documentation may vary depending upon the source of funds. Please discuss with your loan officer. Reimbursement/Disbursement Requests SPAP funds are disbursed on a reimbursement basis for eligible incurred costs that are supported by invoices and incurred after the effective date ofthe appropriation (June 2, 2023). PFA disburses monthly. A completed disbursement request form and accompanying invoices submitted (after grant agreement is executed) by the 15th of the month to PFA will be paid out at the end of that same month to the recipient. On -going Requirements Some requirements stay with the project after the funds are disbursed and the project is completed. A declaration that identifies the real property as "bond -financed property" must be filed with the County Recorder's office. For projects located within roads, highways or utility or transit corridors, easements, or rights of way, where recordings would be problematic, a waiver to the declaration recording requirement may be requested from the Commissioner of Management and Budget (MMB). Example declaration and waiver requests are provided. GO Bond Special Appropriation Forms 4 of 32 August 2023 Minnesota Public Facilities Authority Annual Audits/Financial Statements Recipients are required to submit their annual audited financial statements or Office of the State Auditor report during the disbursement phase of the grant. PFA will send out annual compliance reminders to the recipient. SharePoint Site PFA will establish a SharePoint site for the grant recipient. Recipients can view summary financial information on the SharePoint site. Summary of Construction Requirements • Grant recipients must follow the state Uniform Municipal Contracting Law Sec. 471.345 MN Statutes and other applicable requirements (bidding, special requirements for out-of-state contractors, workers compensation, responsible contractor, etc.) in the construction of the project. • Minnesota state prevailing wage rates and contract conditions (starting at Sec. 177.41 MN Statutes) apply to the project (available from the Minnesota Department of Labor and Industry (DOLI), Labor Standards Division 651/284-5091 (www.DOLI.state.mn.us). The DOLI contract conditions included in Appendix A of this Application along with the actual MN prevailing wages must be included in all bidding documents and construction contracts for projects that receive PSIG funding. • SPAP projects with contracts in excess of $100,000 are subject to Sec. 16C.16 MN Statutes subdivision 13 (State Funded Contracts) which promotes the use of targeted businesses and removing barriers. Use of the Department of Administration's targeted business directory (TG/ED/VO List (Directory) (state.mn.us)) to notify prospective contractors is a wayto promote the use of targeted businesses and notify them of procurement and contracting opportunities. • SPAP recipients must comply with Minnesota Statutes 16C.285, subd 3 (6), responsible contractor requirement defined and verify that contractors are not currently suspended by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor. Suspended/Debarred Vendors / Minnesota Office of State Procurement (mn.gov) also see SAM.gov I Home. • SPAP recipients must comply with Sec. 363A.44 MN Statutes that will apply the equal pay certificate requirement to all political subdivisions for capital projects funded by state general obligation bonds. These equal pay certificate requirements will now apply to all contracts entered into by political subdivisions for contracts exceeding $1,000,000 and by all other designated entities for contracts exceeding $500,000. GO Bond Special Appropriation Forms 5 of 32 August 2023 Minnesota Public Facilities Authority • SPAP recipients must comply with Sec. 363A.36 MN Statutes, Minnesota Department of Human Rights' affirmative action plan requirements for contracts exceeding $250,000 An affirmative action plan and workforce certificate for affected contractors is required prior to bidding. GO Bond Special Appropriation Forms 6 of 32 August 2023 Minnesota Public Facilities Authority SPECIAL APPROPRIATION CHECKLIST This checklist provides a general listing of items that may apply to a project. Contact your PFA loan officer if you have questions regarding the applicability of items to your project. Items submitted to PFA with the application ❑ Forms 1-4, as applicable ❑ Resolution of applicant (example provided by PFA) ❑ For Special Districts, a copy of the organizational documents or Inter -municipal or Joint Powers Agreement (enacted) if more than one municipality involved in project ❑ Final Form 4 (Budget) based on as -bid costs. ❑ Bid tabulation/engineer's recommendation of award ❑ Copy of the fixed price construction contract ❑ Payment bond ❑ Performance bond ❑ Documentation of total project funding, including matching funds, if required ❑ Copy of adopted water/wastewater/stormwater ordinance and current fee schedule(s), as appropriate. ❑ Annual operating budget for the system(s). ❑ If applicable, copy of draft or final agreement with service providerfor operation and maintenance of system, with costs based on the tasks and responsibilities described in the operation and maintenance manual and management plan. All use contracts for GO Bond funded projects must be approved by MN Management and Budget. Additional information can be found in the Capital Grants Manual. ❑ Approval letter for construction project plans and specifications from the Minnesota Pollution Control Agency or Minnesota Department of Health, as appropriate GO Bond Special Appropriation Forms 7 of 32 August 2023 Minnesota Public Facilities Authority ❑ Legal description of the project site(s) ❑ Documentation of applicant's ownership of property ❑ Documentation of recorded utility easements, where needed, including legal descriptions ❑ Weighted average useful life calculation ❑ Any other information requested by PFA to support the application Items submitted to the PFA prior to disbursement of funds ❑ A Disbursement Request Form with supporting documentation such as invoices for engineering and construction, etc. ❑ Copy of the filed real property declaration and/or Minnesota Management and Budget Approval of a Waiver and copy of recipient waiver certification GO Bond Special Appropriation Forms 8 of 32 August 2023 Minnesota Public Facilities Authority FORM 1- PROJECT CONTACTS Applicant Information Applicant Name Contact Person Contact Person Title Address Address Applicant UEI No. MN SWIFT Vendor ID Number (10 digit)_ MN SWIFT Vendor Suffix Number (3 digit) County Telephone_ E-mail Applicant officials authorized to sign legal documents/grant agreement: Authorized Signer #1 Name #1 Title #1 Email (unique to Name #1) Authorized Signer #2 Name #2 Title #2 Email (unique to Name #2) Consultants and Advisors Consulting Engineer Name Engineering Firm Telephone E-mail GO Bond Special Appropriation Forms 9 of 32 August 2023 Minnesota Public Facilities Authority Person responsible for Minnesota prevailing wage compliance monitoring: Name Firm MPCA/MDH Engineer Telephone E-mail Telephone Will a Public Utilities Commission be responsible for operation & maintenance of the project? No ❑ Yes ❑ (provide information below) PUC Contact Person PUC Title Address Telephone E-mail GO Bond Special Appropriation Forms 10 of 32 August 2023 Minnesota Public Facilities Authority FORM 2 - PROJECT INFORMATION 1. Provide a brief description of the project: Describe the project service area and provide a map of the area: 2. Identify proposed sources of project financing (aside from the special appropriation) Source Amount Requested Contact Person/Phone Status Additional information on other sources of project financing: 3. Identify estimated dates for: Submittal of Plans and Specifications: GO Bond Special Appropriation Forms 11 of 32 August 2023 Minnesota Public Facilities Authority MN Pollution Control Agency (MPCA) or MN Department of Health (MDH) Approval: Advertising for Bids: Open bids: Award bids: Start Construction: End Construction: 4. Specify the sources of revenue that will be used to pay the facility operation and maintenance costs 5. Identify any private activity considerations/concerns with the project (such as a contract with a private entity for operation of the facility, or large commercial or industrial users charged under a different rate structure.) 6. Is there a contract/agreement with another entity to operate or manage the sewer system (i.e. private operator agreement)? If yes, please submit a copy of the contract/agreement. Yes No GO Bond Special Appropriation Forms 12 of 32 August 2023 Minnesota Public Facilities Authority 7. Provided eta i Is and a schedule for any action related to the applicant's use of other funds (issuing bonds, commit city cash, etc.) to demonstrate total project funding: 8. Identify whether the project site(s) are owned by the applicant, leased by the applicant, or other (specify): 9. Will any of the project occur in or along a State Trunk Highway? If yes, please explain. GO Bond Special Appropriation Forms 13 of 32 August 2023 Minnesota Public Facilities Authority This page intentionally left blank GO Bond Special Appropriation Forms 14 of 32 August 2023 Minnesota Public Facilities Authority FORM 3—TAX-COMPLIANCE CERTIFICATION CHECKLIST Applicant: Person Completing Form: Date Form Completed: Applicant's Tax Compliance Officer: Description of Financed Assets: (Note: The City may need to consult with their attorney in order to complete this checklist.) Item Question Response Yes/No 1 Does the Applicant own all of the project assets to be financed Ownership (land, facilities, buildings)? chose one Lease and Other 2 Is any part of a Financed Asset leased pursuant to a lease or similar Rights agreement for more than 50 days? chose one 3 Has the Applicant entered into an agreement with another entity Management to manage the operation of the Financed Assets? (for example, or Services odes a private entity operate the System on behalf of the chose one Agreements Applicant) 4 Has the Applicant entered into any agreement with an individual or entity that grants special legal rights to the Financed Asset or chose one Output permits any entity to purchase output of the system other than at Agreements & retail (e.g., has the Applicant entered into a take agreement, a take Other Use or pay agreement, a requirements agreement, or similar agreement related to output from the Financed Assets)? 5 If the answer to 2, 3 or 4 is "Yes", has the City's attorney or bond Legal Review counsel reviewed the agreements for conformance with IRS tax- chose one exempt rules and regulations? GO Bond Special Appropriation Forms 15 of 32 August 2023 Minnesota Public Facilities Authority This page intentionally left blank GO Bond Special Appropriation Forms 16 of 32 August 2023 Minnesota Public Facilities Authority FORM 4 - BUDGET (SOURCES AND USES) INSTRUCTIONS Form 4 is a separate Excel spreadsheet with built-in formulas. Using the separate Excel version of this form, provide a draft Form 4 Budget prior to bidding, including estimated start and end dates. After final project costs are determined, please submit a revised Form 4 Budget, with start and end dates. List the activities that apply to your project, and were described in the legislation. Matching funds must be used for activities described in the legislation. Minnesota Public Facilities Authority 2023 Special Appropriation Form 4- General Obligation Bond Project Budget (Sources and Uses) Applicant: Project: Date: Sources of Funds(') Uses of Funds 1zI Start Date End Date Total Requested From Appropriation Total Project Cost 1. Non -Construction Costs A. B. C. D. E. Non -Construction Subtotal $ $ $ $ $ 2. Construction Costs A. B. C. D. E. F. Construction Subtotal $ $ $ $ $ Project Total $ $ $ $ $ Notes: r(1) If a non -state contribution or match is required by the legislation, or if project costs are in excess of the appropriation, this must be shown on the budget and appropriate documentation submitted. Required matching funds must be used only on activities described in the legislation. r (2) Uses must be supported by professional services agreement (for engineering/design, etc.) and fixed price, as -bid construction contract. GO Bond Special Appropriation Forms 17 of 32 August 2023 Minnesota Public Facilities Authority This page intentionally left blank GO Bond Special Appropriation Forms 18 of 32 August 2023 Minnesota Public Facilities Authority FORM 5 SPECIAL APPROPRIATION RESOLUTION EXAMPLE NOTE: An example resolution will be sent with specific information for your project. RESOLUTION NO. RESOLUTION AUTHORIZING THE <RecipientName> TO SUBMIT INFORMATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY (MPFA) AND TO ENTER INTO A GRANT AGREEMENT WITH THE MPFA FOR THE <ProjectTitle>. WHEREAS, under the provisions contained in <ApprCitation>, <ApprAmount> was appropriated to the MPFA "<ApprText>". WHEREAS, to receive this money, the <RecipientName> must submit required information and enter into a Grant Agreement with the MPFA; and BE IT FURTHER RESOLVED that <RecipientName> has the legal authority to apply for the grant, and the financial, technical, and managerial capacityto ensure proper construction, operation and maintenance of the project for its design life. BE IT FURTHER RESOLVED that the Grant Agreement shall be executed on behalf of <RecipientName> by the signature of its (title of authorized signer #1) and its (title of authorized signer #2). In the event of disability or resignation or other absence of either such officer, the Grant Agreement may be signed by the manual signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature shall appear on the Grant Agreement shall cease to be such officer before delivery of the Grant Agreement, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. I CERTIFY THAT the above resolution was adopted by the <RecipientName> (Name of Governing Body) on (month, day, year). SIGNED: WITNESSED: Signature: Signature: Name: Name: Title: Title: SEAL GO Bond Special Appropriation Forms 19 of 32 August 2023 Minnesota Public Facilities Authority This page intentionally left blank GO Bond Special Appropriation Forms 20 of 32 August 2023 Minnesota Public Facilities Authority APPENDIX A STATE PREVAILING WAGES - REQUIRED CONSTRUCTION CONTRACT LANGUAGE 1. Insert the applicable Minnesota wage determination into all proposals and all contracts. Prevailing wages can be found here: Prevailing -wage information I Minnesota Department of Labor and Industry (mn.gov). 2. Include the language below in all construction contracts: Pursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Rules 5200.1000 to 5200.1120, this contract is subject to the prevailing wages as established by the Minnesota Department of Labor and Industry. Specifically, contractors and subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or criminal penalties. Payrolls/Records The contractor and subcontractor shall furnish to the OWNER copies of any or all payrolls not more than 14 days after the end of each pay period. The payrolls must contain all of the data required by Minnesota Statutes Section 177.30. Subcontractors must furnish payrolls to the contractor. The OWNER may examine all records relating to wages paid laborers or mechanics on work to which Minnesota Statutes Sections 177.41 to 177.44 apply. Posting of Wage Rates/Required Posters Each contractor and subcontractor performing work on a public project shall post on the project the applicable prevailing wage rates and hourly basic rates of pay for the county or area within which the project is being performed, including the effective date of any changes thereof, in at least one conspicuous place for the information of the employees working on the project. The information so posted shall include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits, and any other economic benefits required to be paid. For more information regarding prevailing wage and its application, contact: Minnesota Department of Labor and Industry Prevailing Wage Unit 443 Lafayette Road N. St. Paul, MN 55155 Phone: (651) 284-5091 E-mail: dli.prevwage@state.mn.us Web: Prevailing -wage information I Minnesota Department of Labor and Industry (mn.gov) GO Bond Special Appropriation Forms 21 of 32 August 2023 Minnesota Public Facilities Authority This page intentionally left blank GO Bond Special Appropriation Forms 22 of 32 August 2023 Minnesota Public Facilities Authority APPENDIX B REAL PROPERTY DECLARATION AND WAIVER REQUIREMENTS A recipient receiving an appropriation of state general obligation bond proceeds is required to: - Record a Real Property Declaration that identifies the properties on which the recipient uses PFA funds as "state bond financed property or - Request a waiver from Minnesota Management and Budget (MMB) from the recording requirement, and sign a Waiver Certification and/or - Both record a Real Property Declaration and request a waiver/sign a Waiver Certification Recipients must provide a copy of the recorded Declaration and/or signed Waiver Certification and/or a copyof the recorded Declaration to PFA and MMB prior to disbursement of grant funds. Real Property Declaration -The recorded Real Property Declaration places limitations on the use and sale of real property improved with state bond proceeds under Minn. Stat. Sec. 16A.695 and the Fourth OrderAmending Order of the Commissioner of Finance Amending Order of the Commissioner of Finance dated July 30, 2012 (the "Commissioner's Order"). Some activities needing this: treatment plants, ponds, lift stations, water towers, demolition sites. Recipients should have an attorney draft the Declaration and confirm the accuracy of the recordable parcel(s). Real Property Declaration Recording Waiver -Section 7.02 of the Commissioner's Order allows the Commissioner of Minnesota Management and Budget (MMB) to waive the declaration recording requirement for projects or portions of projects located within roads, highways or utility or transit corridors, easements or rights or way where recording would be problematic. If your project, or a portion of it fits this description, the recipient should request a waiver from the recording requirement from MMB. If MMB grants the waiver from the recording requirement, the recipient will need to sign a Waiver Certification for those parts of the project, in which the recipient acknowledges that those project areas are "state bond financed property". A description (legal description not needed) and/or map of the project areas should be attached to the Waiver Certification. Example Documents — The following documents are attached: • Example Real Property Declaration • Information for Requesting a Waiver from Real Property Filing • Example Letter to MMB Requesting Approval of a Waiver • Example MMB Waiver Certification GO Bond Special Appropriation Forms 23 of 32 August 2023 Minnesota Public Facilities Authority Minnesota Public Facilities Authority Example Real Property Declaration FOR USE BY FILING OFFICER ONLY REAL PROPERTY DECLARATION The undersigned has the following interest in the real property located in the County of , State of Minnesota, that is legally described in Exhibit A attached and all facilities situated thereon (collectively, the "Restricted Property"): (Check the appropriate box.) ❑ a fee simple title ❑ a lease ❑ an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by the said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain Agreement between the Minnesota Public Facilities Authority and (Borrower Name) for Project No. , and dated (Approval Date) The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable from signed by both the Chair of the Minnesota Public Facilities Authority and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. GO Bond Special Appropriation Forms 24 of 32 August 2023 Minnesota Public Facilities Authority «BorrowerName» By: Title: Dated: By: Title: Dated: STATE OF MINNESOTA ) ss. COUNTY OF ) This forgoing instrument was acknowledged before me this _ day of , 20_, by the [insert name and title of first signatory], and the [insert name ant title of second signatory], respectively, of the , a , [insert name and description of the entity receiving the funds]. Notary Public This Declaration was drafted by: [insert name and address] GO Bond Special Appropriation Forms 25 of 32 August 2023 Minnesota Public Facilities Authority Exhibit A LEGAL DESCRIPTION GO Bond Special Appropriation Forms 26 of 32 August 2023 Minnesota Public Facilities Authority Information for Requesting a Waiver from Real Property Filing Per the Minnesota Management and Budget's (MMB) Fourth Order Amending Order of Commissioner of Finance, waiver requests may be submitted to the real property declaration filing requirement for projects that "acquire or better real property within roads, highway or utility ortransit corridors, easements or rights of way" where the recording of the "declaration otherwise required would be unduly onerous or impracticable". Provide the following information for MMB's evaluation: 1. A formal request to the Commissioner of MMB and justification by the City for waiver of Real Property Declaration requirement in accordance with Section 7.02 (b) of the Order. 2. Identify the Special Appropriation project 3. A project description 4. A map reflecting actual location of property to be improved Submit requests electronically to Roger Behrens Roger.Behrens@state.mn.us at MMB for review and response. Send email waiver to: Commissioner, Minnesota Management and Budget c/o Mr. Roger Behrens via email Roger.Behrens@state.mn.us 400 Centennial Office Building 658 Cedar Street Saint Paul, MN 55155 Please also coov vour PFA loan officer on the waiver reauest email. Important: If MMB approves the waiver request, approval will be granted conditionally until MMB's receipt of a signed certification. PFA will email the certification form to the Recipient after grant approval. An example certification form is on the following page. The executed waiver form and certification is to be provided to PFA prior to disbursement of grant funds. Some projects may include components that will require both a real property declaration and a waiver request. Contact your PFA loan officer with any questions. GO Bond Special Appropriation Forms 27 of 32 August 2023 Minnesota Public Facilities Authority This page intentionally left blank GO Bond Special Appropriation Forms 28 of 32 August 2023 Minnesota Public Facilities Authority Example Letter to MMB Requesting Approval of a Waiver (Put on City Letterhead) 20_ Commissioner of Minnesota Management and Budget c/o Roger Behrens via email roger.behrens@state.mn.us Minnesota Management and Budget 400 Centennial Office Building 658 Cedar Street St. Paul, MN 55155 RE: Real Property Declaration Waiver Request - Project MPFA-SPAP-G- [insert project number assigned by MPFA] Dear Commissioner: Through the Minnesota Public Facilities Authority ("PFA"), the City of has been awarded a Special Appropriation from the 2023 Minnesota Legislature for a project within its jurisdiction. The project is described as follows: (insert description) Projects funded in whole or in part with State bond proceeds, so the City must comply with the requirements applicable to Real Property Declarations set forth in Section 7.02 of Minnesota Management and Budget's (MMB's) Fourth OrderAmending Order of Commissioner of Finance dated July 30, 2012 (the "Commissioner's Order"). [use one of the following two paragraphs.] [if the entire project is eligible for a waiver] This letter constitutes the City's written request for a waiver of the Declaration requirement because the entire project lies within roads, highways or utility or transit corridors, easements or rights of way, and the recording of the Declaration against such property would be unduly onerous or impracticable. I understand that the City will have to sign a Waiver Certification that the property improved by the funding described above is State bond financed property and cannot be sold, encumbered or otherwise disposed of without the approval of the Commissioner of MMB. [if only a portion of the project is eligible for a waiver] This letter constitutes the City's written request for a waiver of the Declaration requirement for the portion of the project within roads, highways or utility or transit corridors, easements or rights of way, where the recording of the Declaration against such property would be unduly onerous or impracticable. I understand that the City will have to sign a Waiver Certification that the property subject to the waiver is State bond financed property and cannot be sold, encumbered or otherwise disposed of without the approval of the Commissioner of MMB. I also understand that the City will be required to record a real property Declaration for the remaining parcel(s) of land in the project that is/are not eligible for the waiver, stating that such parcel(s) is/are State bond financed property and cannot be sold, encumbered or otherwise disposed of without the approval of the Commissioner of MMB. GO Bond Special Appropriation Forms 29 of 32 August 2023 Minnesota Public Facilities Authority I am including for your review a map which shows the location of the project. If you need any additional information, please contact me at (_) Sincerely, cc: , PFA [insert name of PFA loan officer] GO Bond Special Appropriation Forms 30 of 32 August 2023 Minnesota Public Facilities Authority Example Waiver Certification Minnesota Management and Budget Certification- Waiver from Filing Requirements State of Minnesota General Obligation Bond Financed Property The undersigned has a fee simple, leasehold and/or easement interest in the real property located in the County(ies) of , State of Minnesota that is generally described or illustrated graphically in Exhibit A attached and all facilities situated thereon (the "Restricted Property") and acknowledges that the Restricted Property is or may become State bond -financed property. To the extent that the Restricted Property is or becomes State bond -financed property, the undersigned acknowledges that: A. The Restricted Property is state bond financed property within the meaning of Minn. Stat. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; The Restricted Property is subject to the provisions of the [title of grant or loan agreement] between [State agency providing the grant orloan] and [name of undersigned grantee or borrower], dated , 20_; and C. The Restricted Property shall continue to be deemed state bond financed property for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget. Date: .20 , a [name and description of the grantee or borrower] By: Name: Title: By: Name: Title: GO Bond Special Appropriation Forms 31 of 32 August 2023 Minnesota Public Facilities Authority Exhibit A GENERAL DESCRIPTION OF RESTRICTED PROPERTY [Insert a narrative or graphic description of the Restricted Property. It need not be a legal description.] GO Bond Special Appropriation Forms 32 of 32 August 2023 Attachment B �S EEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-047 RESOLUTION AUTHORIZING THE CITY OF ARDEN HILLS TO SUBMIT INFORMATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY (MPFA) AND TO ENTER INTO A GRANT AGREEMENT WITH THE MPFA. WHEREAS, under the provisions contained in Laws of Minnesota 2023 chapter 72, article 1, section 23, subd. 6, $510,000 was appropriated to the MPFA: "For a grant to the city of Arden Hills to construct water main and sanitary sewer replacement and improvements at the intersection of County Road E and Old Highway 10 (also known as Snelling Avenue North or County State -Aid Highway 76)." And WHEREAS, to receive this money, the City of Arden Hills must submit required information and enter into a Grant Agreement with the MPFA. THEREFORE BE IT RESOLVED that the City of Arden Hills has the legal authority to apply for the grant, and the financial, technical, and managerial capacity to ensure proper construction, operation and maintenance of the project for its design life. BE IT FURTHER RESOLVED that the Grant Agreement shall be executed on behalf of the City of Arden Hills by the signature of its Mayor (title of authorized signer #1) and its Public Works Director (title of authorized signer #2). In the event of disability or resignation or other absence of either such officer, the Grant Agreement may be signed by the manual signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature shall appear on the Grant Agreement shall cease to be such officer before delivery of the Grant Agreement, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25th DAY OF SEPTEMBER, 2023. ATTEST: Julie Hanson, City Clerk David Grant, Mayor To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills. org and clicking on Archived Documents under Helpful Links on our main webpage. CONSENT ITEM — 8D ,-�a, EN HILLS MEMORANDUM DATE: September 25, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: 2024 Cured In -Place Pipe Lining Project — Professional Services Agreement with TKDA Budgeted Amount: Actual Amount: Funding Source: $62,250 $61,400 Sanitary Sewer Fund Council Should Consider Motions to approve, table, or deny the following: • Professional Services Agreement with TKDA for the 2024 Cured In -Place Pipe Lining Project in the amount not -to -exceed of $61,400. Back2round/Discussion Within the City's Capital Improvement Plan (CIP), Attachment A, the 2024 Cured in -place pipe (CIPP) lining project is identified to be constructed in 2024 with an overall project budget of $415,000. This project was originally scheduled for 2023 but was pushed to 2024 to be eligible for construction cost reimbursement through the Metropolitan Council's Inflow & Infiltration (I & I) grant program. The City has traditionally planned CIPP lining projects on a 2-year cycle or adjusted them to align with the Met Council I & I program. Through the Public Works' sanitary sewer maintenance program, inspections identified the proposed segments of sewer needing repairs due to significant cracks or voids, root intrusion and also aging clay pipe (VCP) that indicated a need for rehabilitation. Through the CIPP process, I & I is eliminated at the joints and cracks of the existing pipe and the new lining is known to extend the life of the pipe by at least 50 years. The location of the project area is within the Arden View Drive neighborhood and is identified on the map within Attachment B. City staff has contacted engineering consultant, TKDA, to provide professional services to administer this project through design, specifications development, bidding and construction administration. TKDA has recently completed projects for the City including the Arden Oaks Street Improvements Project, the Trunk Watermain Assessment Report and they are currently Page 1 of 2 contracted to administer the South Tower Improvements Project. City staff recommends approving the PSA with TKDA (Attachment C) in the amount not -to -exceed of $61,400 for the 2024 CIPP Lining Project. Budget Impact Met Council was recently approved $12,000,000 through State legislation to put towards the I/I grant program. The updated terms have not been officially released but Met Council has indicated the new grant program period for eligible spending will be in Jan 1, 2024, through Dec 31, 2025, and Arden Hills will once again be eligible to participate. Eligible reimbursement funds have typically been 25% of the pipe lining bid item costs as long as overall funds are available. This project is budgeted for $415,000 overall project cost. When estimating, roughly 15% of the budget is typical for engineering services with improvement projects. The budgeted amount for engineering services equates to $62,250, TKDA has provided a proposal for $61,400. As the project moves through design, TKDA will be provided cost estimates at 60%, 90% and final design prior to Council authorization to bid the project. Attachments Attachment A: CIP sheet Attachment B: 2024 CIPP Lining Project area map Attachment C: PSA with TKDA Page 2 of 2 � N A A o Q A � •O 8 C F a � d � a a m U � A 0 m N O N 0 N O 0 0 v O O 0 CD v CD C w c co 0 U 2 fA 0 U F o O o 0 0 0 o V) N O N o O o 0 0 0 0 0 CD C 0 0 0 o LO o N O O C Cl CD 0 0 LL m � _ E g w O Y N O_ Of f6 -o N 0 E— 3: c cn U CD_ 7 O LL to O- C _ C E CO =3 =3 m m U LL (n 7) cn Of 1C1 m I D J� A-178 3-D36 -177 -, A-182 Attachment 6 A-166 180 A-179 3- 37 A-176 -181 -165 -101 -164 -174 A-167 - 73 � A-17 A-171 n -1 A-163 -100 ' 4-187I NUR � -186 A-168 84 1-183 153 52 40 Wo )137 139 \AZ -138 A-143 61 59 a-169 157 A-156 50 O V/" -154 A-155 9 -148 AA-145 e A-147 6 A-134 A VE- 93 -091A A-091 A-092 A-197 A-198 A-190 COLL ENA-13AVT ♦ A-11 A=0'8 A-090 N -AR ILLS 2024 CIPP Project Areas ri 1J TKDA® September 11, 2023 Mr. David Swearingen Interim Public Works Director City of Arden Hills 1245 W Highway 96 Arden Hills, Minnesota 55112 Re: Proposal for Engineering Services Arden Oaks Street Improvements Arden Hills, Minnesota Dear Mr. Swearingen: Attachment C Via Email Only: dswearingen@cityofardenhills.org As Requested, TKDA is excited to submit this Proposal to provide Engineering Services for the 2024 CIPP lining project, herein called the Project. Our Services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in our "General Provisions of Engineer -Architect Agreement" dated July 2009. This letter proposal provides background information, describes our proposed work plan, illustrates our experience, outlines the timing of the work, and explains the associated fees. We are excited for the possibility of working with you again on this project. Our team includes individuals with strong experience in CIPP lining projects. I. PROJECT DESCRIPTION The City of Arden Hills is planning for Cured In Place Pipe (CIPP) lining within the Arden View Drive neighborhood off of Hamline Avenue. Lining of the existing 8-inch VCP pipe is expected to be roughly 8,300 feet. Many communities are using lining technology to improve the sanitary sewer systems to reduce inflow and infiltration, reduce root intrusion, and to upgrade deteriorating pipe. II. QUALIFICATIONS AND EXPERIENCE Firm Overview TKDA is committed to providing our clients with exceptional service while managing time and budget expectations. Our expert team of engineers, architects, and planners work collaboratively on designs and deliverables that are comprehensive, effective, efficient, and stand the test of time. As a 100 percent employee -owned S Corporation founded in 1910, TKDA has a local and national reputation for excellence built on more than 113 years of industry experience. Our 380-plus employee owners bring the same attention to detail and high standards to every project, no matter the scope or size. Local community projects, public agencies, and private industries are all served well by our multidisciplinary teams ready to implement the vision of our clients and stakeholders, while upholding rigorous safety standards and industry guidelines. Headquartered in Saint Paul, Minnesota, with offices across the country, our employee owners build our brand by investing their talents to help our communities where we work and live. Key Personnel Larry Poppler, PE / Project Manager. Civil Engineer Larry Poppler has served as city engineer, project manager, inspections director, and project engineer on street, water supply systems, and civil site design projects for over 26 years, with 15 of those years at the City of Prior Lake. He has developed and implemented capital improvements for communities; established policies and standards; and provided MnDOT State Aid administration and asset 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. Swearingen I Arden View Neighborhood CIPP Lining Proposal for Engineering Services September 11, 2023 Page 2 management. He has managed multiple consultants and staff members to assist with project design, inspection, surveying, studies, and infrastructure management. He is a skillful communicator with extensive experience in city council and neighborhood meetings. Similar Experience: • TH 10 Watermain and Frontage Road Improvements, Arden Hills Arden Oaks Street Improvements, Arden Hills �. Yearly Street and Utility Improvements, White Bear Township • Numerous CIPP lining projects working for the City of Prior Lake Mark Byers, PE, Registered Engineer. Civil Engineer, Mark Byers has been involved in transportation, watermain, sanitary sewer, water resources, erosion control, surveying, and site design for 19 years for public and private clients. Mark is proficient in both the design and inspection of municipal projects. He is proficient in AutoCAD Civil 3D. Mark is NASSCO-certified in trenchless rehabilitation and is a MNDOT certified construction inspector. He uses his field experience to produce quality plans and contract documents. Mark will complete the contract documents and lead the construction inspection for this project. Similar Experience: • Sewer Interceptor Rehabilitation Phase IV, St Cloud, MN • Lake Elmo Heritage Farm Street and Utility Improvements, Lake Elmo, MN • Lift Station #4 Forcemain Replacement, West St Paul, MN • WassermanTrunk Utility Improvements, Victoria, MN Ian Reilly, Technician I. Ian Reilly has 4 years of experience with a variety of municipal improvement projects. His experience includes design using AutoCAD Civil 3D and Microstation. He also has field inspection experience for roadway and utility projects and is a MNDOT certified construction inspector. Ian will assist Mark with construction inspection. Similar Experience: • Victoria Curve Street Improvements, Mendota Hts • Centre Pointe Street Improvements, Mendota Hts Ron Quanbeck, PE, Senior Registered Engineer. Ron Quanbeck has nearly 40 years of experience with municipal projects. He works primarily with MCES on interceptor rehabilitation projects. Ron will provide quality control for the design package for this project. Similar Experience: ' MCES 1-MN-330 Interceptor Lining on Lake Street in Minneapolis, MN MCES Interceptor Lining, Roseville, Shoreview, & St. Paul, MN 2nd Street Lining 1-MN-320 Interceptor Rehabilitation, Minneapolis, MN !' MCES 1-MN-320 Interceptor Lining, Golden Valley, MN Similar Projects MCES Interceptor Lining, Roseville, Shoreview, & Saint Paul, MN Rehabilitation and structural lining of four sections of existing sanitary sewer interceptor. The project included manhole rehabilitation and CIPP lining of 5,550 LF of gravity sanitary sewer, ranging in size from 12-inch to 48- inch. The project also included designing a new Parshall flume metering structure. 1 Mr. Swearingen I Arden View Neighborhood CIPP Lining Proposal for Engineering Services September 11, 2023 Page 3 2nd Street Lining 1-MN-320 Interceptor Rehabilitation MCES Interceptor Lining, Minneapolis, MN TKDA worked on the rehabilitation and structural lining of four sections of existing sanitary sewer interceptor. The project included CIPP lining of 1,846 feet of 54-inch gravity sanitary sewer, cementitious liner rehabilitation on five manhole structures, and design of temporary conveyance for the duration of the work. Sewer Interceptor Rehabilitation Phase IV, St. Cloud, MN TKDA assisted the City of St. Cloud on planning, design and construction administration of the fourth phase in the City's efforts to rehabilitate their sanitary sewer interceptor system. The Phase IV system is a 10,000 linear foot 60- inch and 54-inch diameter reinforced concrete pipe that had experienced severe hydrogen sulfide corrosion. TKDA was retained by the City to develop a preliminary design plan to determine the most feasible method of pipe rehabilitation and then, following consensus on that determination, to implement the final design plans for bidding. Following the determination of the lowest qualified bidder, TKDA conducted construction administration throughout the construction phase. TKDA analyzed sewer tapes, record documents, field notes, stakeholder's lists, flow data, existing pipe characteristics and preliminary construction cost estimates and made a recommendation to implement slip line pipe rehabilitation with a some of CIPP rehabilitation. The interceptor configuration was determined to be ideal for slip lining rehabilitation although some CIPP rehabilitation along the route necessitated bypassing of sewerage. TKDA designed the rehabilitation of the interceptor system with fiberglass pipe to be utilized as the insertion pipe material. Three slip line excavation locations were identified as potential locations where the contractor could begin the slip line effort. The City wanted this project to be completed in a short time frame. As such, TKDA maximized our in house planning and design capabilities and completed the planning, design, and contractor prequalifi cation process in about five months. III. SERVICES TO BE PROVIDED BY TKDA Work Plan A. Project Plans — TKDA will utilize GIS mapping to create mapping of the project area to communicate project limits and locations. We will review the sanitary sewer televising to determine if other repairs are needed ahead of the CIPP lining process. We will review service laterals for issues and count the number of service laterals that need to be re-established. Deliverables: GIS Plans Review Televising Report B. Project Manual — TKDA will review the City standard specifications for CIPP pipe lining and modify the specifications for the Arden View Drive CIPP lining project. A bid form will be created for the project and included in the project manual. Project Manual Deliverables: Advertisement for Bids Bid Form C. Bidding Services — TKDA will handle the bidding for the Arden View Neighborhood CIPP lining project including, QuestCDN coordination, bid questions and addenda, bid opening, bid tabulation, and bid recommendation letter. A letter will be drafted (mailed by the City) to communicate to residents within the project area. QuestCDN coordination Bidder Questions / Addenda (as needed) Deliverables: Bid Opening Bid Tabulation Bid Recommendation Letter Project Communication Letter 1 Mr. Swearingen I Arden View Neighborhood CIPP Lining Proposal for Engineering Services September 11, 2023 Page 4 D. Construction Administration and Construction Inspection — TKDA will handle all construction administration of the project including contract document review, shop drawing review, payment applications, change requests, final payment, project closeout document review. TKDA will also complete construction inspection assuming 30 days of work for this project. Construction inspection needs are dependent on the contractor schedule and if additional hours are needed for this project, TKDA will work with the City of Arden Hills to revise the number of hours needed for inspection. TKDA will charge for only the hours needed for the project. To provide additional value, TKDA will utilize a trained technician I for most of the inspection during the project who will be supervised by a NASSCO certified CIPP lining inspector. Inspection duties will include checking the liner for tears and rips, verifying resin amounts, reviewing the inversion process. Once the liner has been installed and cured, TKDA will review the service lateral reinstatement process and review video of each segment. Construction Administration • Contract Document Review • Shop Drawing Review Deliverables: • Payment Applications • Change Requests • Final Payment • Construction Inspection IV. CITY RESPONSIBILITIES These responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clarified herein below: 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 III C. Provide reviews of materials furnished by TKDA in a reasonable and prompt manner so that the Project schedule can be maintained. D. Mail materials to residents within the project area. TKDA will provide materials and mailing list. V. 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 is not expected for this project, but if certain right-of-way services are needed TKDA can perform or facilitate this work as an Additional Service. B. All work is assumed to be completed in 2023 and 2024. If work is performed in 2025, TKDA will amend our unit rates and may need an amendment to avoid exceeding the engineering budget. VI. PERIOD OF SERVICE We will expect to start our services promptly upon receipt of your written acceptance of this Proposal and to complete SECTION III services for early 2024 bidding and 2024 inspection. Segments of the work plan will be completed progressively to facilitate the Project Schedule. TKDA will advise the CLIENT if circumstances develop beyond our control that will impact the schedule outlined in this Proposal. VII. COMPENSATION Compensation to TKDA for services provided as described in SECTION III of this Proposal shall be on an Hourly Time and Materials basis for a total not to exceed amount of $61,400. Our detailed Project Fee Estimate is attached. Payment shall be made in accordance with Article 3 of the attached General Provisions. 1 Mr. Swearingen I Arden View Neighborhood CIPP Lining Proposal for Engineering Services September 11, 2023 Page 5 The level of effort required to accomplish SECTION III services can be affected by factors which are beyond our control. Therefore, if it appears at any time charges for services rendered under SECTION III 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 that additional funds are available and our work can proceed. VIII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal. We agree that this letter and attachments constitute a contract between us upon its signature by an authorized official of City of Arden Hills and the return of a signed original to us. This Proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to that time. We are excited for the opportunity to work with the City of Arden Hills once again! If you have any questions, please contact Larry Poppler directly at 952.292.1098 or larry.poppler@tkda.com. Sincerely, L rence P. Poppler, PE Project Manager ATTACHMENTS: Detailed Fee Estimate General Provisions �GcJ Matthew Christiansen, PE Vice President, Surface Transportation ACCEPTED FOR THE CITY OF ARDEN HILLS, MINNESOTA By: (signature) CLIENT DESIGNATED REPRESENTATIVE: Name/Title LPP:MJC:Imf:ayo Printed Name/Title Phone Email Date 1 rmi Mi.1 TKDA Project Fee Estimate Client: JCity of Arden Hills Date: 9/11/2023 Project: 12024 CIPP Lining By: LPP Task Task Description Estimated Person Hours Required Total Hours Total Dollars Sr Reg Eng Reg Eng ES I Reg Eng Tech II Billing Rate/Hr x Multiplier $ 211 $ 135 $ 79 $ 203 $ 81 Billing Rate/Hr x Multiplier $ 219 $ 140 $ 82 $ 211 $ 84 Task 1 Design Project Coordination (1 City Council Mtgs, Coordination, Project Management) 12 12 $ 2,532 Review Televising report 40 40 $ 5,400 GIS Location Maps 1 8 24 2 35 $ 3,593 Project Manual 2 20 2 4 28 $ 3,852 Bid Form and Cost Estimate 1 4 5 $ 451 Advertisement for Bids 1 1 $ 81 SUBTOTAL HOURS 15 69 28 4 5 121 SUBTOTAL DESIGN COST $ 3,165 $ 9,315 $ 2,212 $ 812 $ 405 $ 15,909 Task 2 Bidding and Construction Quest CDN Coordination 4 4 $ 337 Bidder questions / Addenda (if necessary) 1 1 $ 219 Bid Opening / Bid Tabulation 1 1 2 $ 304 Bid Recommendation Letter 1 1 $ 219 Project Communication Letter to be mailed by the City) 1 1 2 $ 304 Contract Doucument Review 2 2 $ 281 Shop Drawings 4 4 $ 562 Construction Inspection (Assume 40 Days of Inspection) 100 320 420 $ 40,331 Payment Applications 1 4 5 $ 781 Change Requests 1 4 5 $ 781 Final Payment 1 2 3 $ 500 SUBTOTAL HOURS 7 116 320 6 449 SUBTOTAL COST $ 1,536 $ 16,286 $ 26,291 $ $ 505 $ 44,618 Expenses: Travel & Subsistence (TS) $ 786 TOTAL HOURS 22 1 185 1 348 1 41 111 570 TOTAL LABOR COST $ 4,701 $ 25,6011 $ 28,503 1 $ 812 1$ 910 1 $ 60,527 TOTAL EXPENSES $ 786 TOTAL PROJECT $ 61,313 TOTAL (ROUNDED) $ 61,400 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 1-1/2% 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/O) 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 (EIO) CONSENT ITEM — 8E EN HILLS MEMORANDUM DATE: September 25, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Esri Small Local Government Cloud -Based Enterprise Agreement (SGCBEA) Budgeted Amount: Actual Amount: Funding Source: $46,500 (2023-2026) $46,500 (2023-2026) Technology Fund $15,500 (Annual) Council Should Consider Motions to approve, table, or deny the following: • Three-year Esri Small Local Government Cloud -Based Enterprise Agreement (SGCBEA) in the amount of $46,500. Background/Discussion For Public Works and Engineering operations, City staff utilizes Geographic Information System technology through Esri software. The software supports the Public Works work order system, field inspections, maintenance activity tracking, Municipal Separate Storm Sewer System (MS4) requirements, As -Built Record Drawing management, streets, trails and utilities condition management, mapping development, etc. The agreement would be a continuation of a service. City Staff recommends approving the three- year agreement with Esri in the amount of $46,500 as provided in Attachment A. Budizet Impact The Operating Budget includes funding in the amount of $15,500 for each year over the next 3- years for a total of $46,500 for the proposed Esri software agreement. Attachments Attachment A: Esri Small Local Government Cloud -Based Enterprise Agreement Page 1 of 1 Attachment A THE �� I ® SCIENCE (10OF WHERE May 12, 2023 David Swearingen City of Arden Hills 1245 Hwy 96 W Arden Hills, MN 55112-5400 Dear David, The Esri Small Local Government Cloud -Based Enterprise Agreement (SGCBEA) is a three-year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three-year commitment. Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA). An EA will provide your organization with numerous benefits including: A lower cost per unit for licensed software Substantially reduced administrative and procurement expenses Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply: ■ All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA. ■ If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance. ■ The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. ■ The organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support. ■ The organization will provide an annual report of installed Esri software to Esri. ■ Esri software and updates that the organization is licensed to use will be automatically available for downloading. 380 New York Street 909.793.2853 esri.com Redlands, California 92373-8100 USA info@esri.com Small Local Government Cloud -Based Enterprise Agreement ■ The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri's Small Local Government Cloud -Based EA terms and conditions. ■ Licenses are valid for the term of the EA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this EA offer: 1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI SMALL LOCAL GOVERNMENT CLOUD -BASED EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY. " Have it signed by an authorized representative of the organization. 2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address. 3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SGCB-EA 380 New York Street Redlands, CA 92373-8100 e-mail: service@esri.com fax documents to: 909-307-3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Angie Bramer esri, WHENCE OF QWHERE. Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 511212023 To: 811012023 Material Qty Term 168362 1 Year 1 Quotation # Q-480109 Date: May 12, 2023 Customer # 132313 Contract # City of Arden Hills Finance & Administrative Services Dept 1245 Hwy 96 W Arden Hills, MN 55112-5400 ATTENTION: David Swearingen PHONE: 6517927847 EMAIL: dswearingen@cityofardenhills.org Unit Price Total $15,500.00 $15,500.00 Population of 0 to 15,000 Small Local Government Cloud -Based Enterprise Agreement Annual Subscription 168362 Year 2 $15,500.00 $15,500.00 Population of 0 to 15,000 Small Local Government Cloud -Based Enterprise Agreement Annual Subscription 168362 Year 3 $15,500.00 $15,500.00 Population of 0 to 15,000 Small Local Government Cloud -Based Enterprise Agreement Annual Subscription Subtotal: $46,500.00 Sales Tax: $0.00 Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00 Total: $46,500.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Email: Phone: ngie Bramer abramer@esri.com (909) 793-2853 x8378 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. BRAMERA This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: Cust. Name Cust. # PO # _ Esri Agreement # SMALL ENTERPRISE AGREEMENT LOCAL GOVERNMENT CLOUD -BASED (E214-7) i THE �sSCIENCE OF WHERE This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Developer Tools ArcGIS Runtime Standard ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 50 ArcGIS Online Viewers 50 ArcGIS Online Creators 10,000 ArcGIS Online Service Credits 2 ArcGIS Insights in ArcGIS Online OTHER BENEFITS Number of Esri User Conference registrations provided annually 2 Number of Tier 1 Help Desk individuals authorized to call Esri 2 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee Page 1 of 6 January 3, 2023 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: Contact: Address: City, State, Postal Code: Country: Quotation Number (if applicable): CUSTOMER CONTACT INFORMATION Telephone: Fax: E-mail: Page 2 of 6 January 3, 2023 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A —List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A —List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third -party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government - Page 3 of 6 January 3, 2023 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A —List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other- resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer's organization. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to Page 4 of 6 January 3, 2023 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi -year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past -due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship -to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi -year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due Page 5 of 6 January 3, 2023 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Page 6 of 6 January 3, 2023 CONSENT ITEM — 8F ,-i DEN HILLS MEMORANDUM DATE: September 25, 2023 TO: Honorable Mayor and City Councilmembers David Perrault, City Administrator FROM: Lucas J. Miller - Assistant Public Works Director SUBJECT: City Hall Parking Lot Improvements — Change Order No. 1 and Payment No. 3 Budgeted Amount: Actual Amount: Funding Sources: $300,000.00 $306,455.51 Equipment & Building Fund Council Should Consider Motions to approve, table, or deny the following: Change Order No. 1 for the City Hall Parking Lot Improvements Project for Bituminous Roadways, Inc. in the amount of $8,633.46. Payment No. 3 for the City Hall Parking Lot Improvements Project to Bituminous Roadways, Inc. in the amount of $43,640.88 which includes Change Order No. 1. Background/Discussion On March 21, 2022, City Council approved Resolution 2022-016 awarding the construction contract to Bituminous Roadways, Inc. in the amount of $233,650 for the City Hall Parking Lot Improvements. The proposed project includes installation and repairs to ADA concrete sidewalk and ped ramps, drainage improvements, security camera and lighting upgrades, and a new bituminous paved surface. This project also includes installation of additional conduit and handhole adjacent to a parking stall for a "future" EV charging station if desired at a later date. The project did require some extra subgrade corrections to the site to remove unforeseen, non - compactible soils and a thickening up of the bituminous roadway section in some areas. Also, additional footage of underground wire for the new light bases, where existing wiring ended up being unsalvageable and needed to be replaced, required an additional two handholes, as well. There were a number of other minor items that ran under or over quantity as broken down within Attachment B showing actual quantities as placed in the field. The net overage for all the overruns/underruns equated to $8,633.46. All these quantities were reviewed by staff in the field and considered reasonable. Staff recommends that Council approve Change Order No. 1. Page 1 of 2 The project is approximately 95% complete. Remaining items are touch-up restoration and punch list. Five percent is being withheld from the work completed in accordance with the contract documents. Payment No. 3 is in the amount of $43,640.88. This pay request includes the items addressed in Change Order #1. Staff recommends that Council approve Payment No. 3. Budget Impact A summary of the project costs and funding sources to date is provided below: PROJECT COSTS Construction contract 233,650.00 Construction overage 8,633.46 Engineering 59,492.07 Materials testing 2,883.00 Camera, bids, misc 1,796.98 TOTAL 306,455.51 FUNDING SOURCES Equipment & Building Fund 306,455.51 Attachments Attachment A: Change Order No. 1 Attachment B: Pay Request No. 3 Page 2 of 2 Bifurni�ous RoaAays, /nc. Attachment A YourPreferredPa�e�e 1520 Commerce Drive Mendota Heights MN 55120 651-06-7001(P) 651-687-9857 (F) www.bitroads.com infa@bitroads.com To: CITY OF ARDEN HILLS Contact: Address: 1245 WEST HIGHWAY 96 Phone: ARDEN HILLS, MN 55112 Fax: Project Name: ARDEN HILLS CITY HALL PARKING LOT IMPROVEMENTS CHANGE Bid Number: ORDER #1 Project Location: 1245 HIGHWAY 96, ARDEN HILLS, MN Bid Date: 9/8/2023 Line # Item Description Estimated Quantity Unit Unit Price Total Price 7 REMOVE CURB AND GUTTER 35.00 LF $8.32 $291.20 8 REMOVE CONCRETE WALK 18.00 SY $8.74 $157.32 11 EXCAVATION - SUBGRADE 30.50 CY $48.93 $1,492.37 13 GEOTEXTILE FABRIC TYPE 5 -146.00 SY $7.07 ($1,032.22) 14 AGGREGATE BASE (CV) CLASS 5 (P) -15.00 CY $82.49 ($1,237.35) 17 TYPE SP 9.5 WEARING COURSE MIXTURE (2,C) 48.40 TON $107.48 $5,202.03 18 CONCRETE FLUME -1.00 EACH $397.43 ($397.43) 23 INSTALL RANDOM RIPRAP 0.50 CY $440.95 $220.48 24 4" CONCRETE WALK 177.00 SF $7.51 $1,329.27 25 DRILL AND GROUT REINFORCEMENT BAR (EPDXY COATED) -103.00 EACH $28.39 ($2,924.17) 26 CONCRETE CURB RAMP WALK -25.00 SF $18.04 ($451.00) 27 CONCRETE CURB AND GUTTER DESIGN B612 369.00 LF $31.37 $11,575.53 28 CONCRETE CURB AND GUTTER DESIGN B618 -171.00 LF $34.98 ($5,981.58) 29 CONCRETE SILL -118.00 LF $12.58 ($1,484.44) 30 CONCRETE CURB AND GUTTER -40.00 LF $43.95 ($1,758.00) 31 6" CONCRETE VALLEY GUTTER 4.00 SY $113.95 $455.80 32 TRUNCATED DOMES 1.00 SF $68.13 $68.13 36 1" NON-METALLIC CONDUIT -12.00 LF $11.36 ($136.32) 37 1.5" NON-METALLIC CONDUIT 4.00 LF $13.63 $54.52 38 UNDERGROUND WIRE 1 COND 12 AWG 1,240.00 LF $1.70 $2,108.00 44 HANDHOLE 2.00 EACH $738.08 $1,476.16 47 SILT FENCE. TYPE HI -216.00 LF $3.41 ($736.56) 49 FERTILIZER TYPE 3 26.00 LB $2.27 $59.02 50 SEED MIXTURE 25-151 17.00 LB $5.68 $96.56 51 HYDRAULIC MULCH MATRIX 41.00 LB $4.54 $186.14 Total Bid Price: Notes: • For more information: www.bitroads.com $8,633.46 9/8/2023 10:04:31 AM Page 1 of 2 Payment Terms: This proposal is subject to credit approval and is valid for 15 calendar days, after which time price quotes may be withdrawn without notice. This quote is based on standard AGC subcontract language and shall become a rider to any contract. Payment due upon receipt of invoice. A finance charge of 1 1/2% per month (18% per year) will be charged on any balance over 30 days past invoice date, unless otherwise agreed upon in writing. We gladly accept Visa, Mastercard, Discover & American Express. https://bitroads.com/About-Us/75th-AnniversaW ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: 9/8/2023 10:04:31 AM CONFIRMED: BITUMINOUS ROADWAYS, INC. - MENDOTA HEIGHTS Authorized Signature: Estimator: Paul Whelan paul.whelan@bitroads.com Page 2 of 2 zl�? 20 Commerce B111111111&LIS 15 dots Heights, Drive 55120 Roadways, AX 651.686-7001- inquiry@bitroads.com City of Arden Hills B 1245 West Hwy 96 i L Arden Hills, MN 55112 L T O BRI Project No. 2211014 Project Description: Arden Hills City Hall Estimate #3 through 07/21 /23. Purchase Order # PW-20-0103 Original Contract Amount Less Retainage Less Previous Payments Balance Due Mayor Grant Attachment B INVOICE. NUMBER 32854 INVOICE DATE 07 Customer No. 512 Contract Completed Completed Amount To Date This Estimate $233,650.00 $242,283.46 $45,937.77 ($12,114.17) ($2,296.89) $230,169.29 $43,640.88 ($186,528.41) $0.00 $43,640.88 $43,640.88 Date Thank You WE ACCEPT ALL MAJOR CREDIT CARDS INVOICE DUE UPON RECEIPT. 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Discussion CONSENT ITEM — 8G Funding Source: N/A The City Council recently discussed trying a new schedule for City Council meetings and directed Staff to bring forward a formal approval to try the new schedule over a handful of meetings. The new schedule would be having a worksession prior to the Council meetings on the 2nd and 4th Monday of the month, and eliminating the worksession on the third Monday of the month (note: this will not work for November as we have an already scheduled meeting with the County on the third Monday of the that month). The proposed schedule for Council meetings is below: October 9rh • City Council Special Worksession 5:00 PM to 6:40 PM • City Council Regular Meeting 7:00 PM October 16`h • City Council Worksession CANCELLED October 23rd • City Council Special Worksession 5:00 PM to 6:40 PM • City Council Regular Meeting 7:00 PM November 13rh • City Council Special Worksession 5:00 PM to 6:40 PM • City Council Regular Meeting 7:00 PM Page 1 of 2 November 20th • City Council Worksession 5:00 PM Standalone meeting to meet with Ramsey County on Lake Johanna Boulevard Trail November 27`h • City Council Special Worksession 5:00 PM to 6:40 PM • City Council Regular Meeting 7:00 PM Come December, Council may want to recommend permanent changes for 2024. Budget Impact N/A Attachment N/A Page 2 of 2 PUBLIC HEARING — 10A ,-ARZEN HILLS MEMORANDUM DATE: September 25, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator Katlyn Adair, Accounting Clerk SUBJECT: Public Hearing Regarding Quarterly Special Assessments for Delinquent Utilities Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Holding a Public Hearing regarding delinquent utilities. Background Water customers whose accounts are 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collected with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. Page 1 of 1 NEW BUSINESS —11A ,-ARZEN HILLS MEMORANDUM DATE: September 25, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Katlyn Adair, Accounting Clerk SUBJECT: Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motion to approve, table or deny the following: • Resolution 2023-048 certifying delinquent utilities to Ramsey County. All items need a simple majority for action unless otherwise noted. Background Delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated August 7, 2023 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by September 18, 2023. Utility accounts with an unpaid delinquent balance would be certified to Ramsey County to be added to property taxes payable in 2024. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. The list of remaining delinquent utility accounts is attached. The City will request that Ramsey County levy the delinquent balances against the respective properties. Attachments Attachment A: Resolution No. 2023-048 and Delinquent Utility Accounts List Page 1 of 1 Attachment A �S EEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-048 RESOLUTION ADOPTING AND CONFIRMING QUARTERLY SPECIAL ASSESSMENTS FOR DELINQUENT UTILITIES WHEREAS, the amount to be specially assessed for DELINQUENT UTILITIES has been duly calculated in accordance with the provisions of the Municipal Code and Minnesota Statues; and WHEREAS, notices have been duly mailed as required by law; and WHEREAS, said proposed assessments have at all times since their filing been open for public inspection, and an opportunity has been given to all interested parties to present objections if any, to the proposed assessments; and WHEREAS, there were no oral or written objections received. The amounts so calculated and set forth in said notices are hereby levied against the respective parcels of land described therein, and 2. The proposed assessments are hereby adopted and confirmed as special assessments for each of said parcels of land and the assessments together with an additional penalty of eight percent (8%) of the original unpaid amount, inclusive of any previous delinquency penalty, shall be a lien concurrent with general taxes upon such parcel. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City Administrator be authorized and directed to transmit to the County Auditor a certified duplicate of the assessment roll to be extended upon the property tax lists of the County, and the County Auditor shall collect said special assessments with taxes levied in 2023, payable in 2024: ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25t" DAY OF SEPTEMBER, 2023. ATTEST: Julie Hanson, City Clerk David Grant, Mayor To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills. org and clicking on Archived Documents under Helpful Links on our main webpage. 223023110037 012379-000 1165 Amble Drive 1,475.25 1,356.65 16.56 2,848.46 227.88 3,076.34 343023210016 001920-000 1437 Arden Place 90.73 116.79 16.56 224.08 17.93 242.01 343023230017 002369-000 1532 Arden Place 74.52 87.17 16.56 178.25 14.26 192.51 223023240347 003135-000 4322 Arden View Court 257.76 323.36 21.48 602.60 48.21 650.81 223023240208 013128-000 4355 Arden View Court 70.57 110.19 20.53 201.29 16.10 217.39 223023240216 000223-000 4361 Arden View Court 58.63 65.50 21.48 145.61 11.65 157.26 223023240327 000376-000 4369 Arden View Court 71.24 84.65 21.48 177.37 14.19 191.56 223023240326 000375-000 4370 Arden View Court 158.66 208.14 21.48 388.28 31.06 419.34 223023240240 003444-000 4412 Arden View Court 128.02 162.84 21.48 312.34 24.99 337.33 223023240239 011640-000 4413 Arden View Court 93.13 121.03 21.48 235.64 18.85 254.49 223023240268 005325-000 4449 Arden View Court 88.49 114.56 21.48 224.53 17.96 242.49 223023240281 013062-000 4457 Arden View Court 1.39 74.94 12.27 88.60 7.09 95.69 223023240322 009989-000 4478 Arden View Court 248.50 320.45 21.48 590.43 47.23 637.66 223023210007 003937-000 1343 Arden View Drive 123.76 160.87 21.48 306.11 24.49 330.60 223023210040 000398-000 1354 Arden View Drive 66.38 78.41 21.48 166.27 13.30 179.57 223023210038 012597-000 1356 Arden View Drive 0.20 5.87 1.81 7.88 0.63 8.51 223023210066 005371-000 1405 Arden View Drive 124.21 160.32 21.48 306.01 24.48 330.49 223023210086 008185-000 1430 Arden View Drive 0.72 35.76 6.38 42.86 3.43 46.29 223023210117 005368-000 1450 Arden View Drive 82.35 104.45 21.48 208.28 16.66 224.94 223023240167 012351-000 1466 Arden View Drive 99.53 130.49 21.48 251.50 20.12 271.62 333023310030 007153-000 1827 Beckman Avenue 138.44 173.42 16.56 328.42 26.27 354.69 343023140015 010758-000 1132 Benton Way 113.29 176.73 16.56 306.58 24.53 331.11 213023410028 006494-000 1675 Brueberry Lane 120.11 152.35 21.48 293.94 23.52 317.46 343023410055 001808-000 1171 Carlton Drive 406.06 431.66 16.56 854.28 68.34 922.62 283023330032 003132-000 3670 Cleveland Avenue N 57.94 65.95 16.56 140.45 11.24 151.69 223023310014 012582-000 1348 Colleen Avenue 127.08 163.90 16.56 307.54 24.60 332.14 223023310008 012973-000 1414 Colleen Avenue 112.28 175.25 16.56 304.09 24.33 328.42 223023320026 008331-000 1469 Colleen Avenue 113.91 150.31 16.56 280.78 22.46 303.24 343023210002 011863-000 1392 County Road E W 119.93 154.39 16.56 290.88 23.27 314.15 343023210005 012664-000 1412 County Road E W 90.29 114.20 16.56 221.05 17.68 238.73 283023240027 012455-000 1929 County Road E2 W 85.43 135.97 16.56 237.96 19.04 257.00 343023240003 001775-000 3466 Glenarden Road 88.01 112.94 16.56 217.51 17.40 234.91 333023340067 009129-000 1927 Glenpaul Avenue 98.73 127.44 16.56 242.73 19.42 262.15 333023330074 004091-000 1960 Glenpaul Avenue 117.23 104.72 16.56 238.51 19.08 257.59 333023330057 003236-000 2015 Glenpaul Avenue 71.54 110.97 16.56 199.07 15.93 215.00 283023130041 001165-000 1740 Glenview Avenue 90.99 119.25 16.56 226.80 18.14 244.94 283023240014 011678-000 1836 Gramsie Road 87.61 107.73 16.56 211.90 16.95 228.85 333023240030 001805-000 1860 Grant Road 57.70 65.89 16.56 140.15 11.21 151.36 333023240019 008210-000 1873 Grant Road 67.13 80.05 16.56 163.74 13.10 176.84 333023240032 002096-000 1876 Grant Road 204.16 263.79 16.56 484.51 38.76 523.27 273023340057 012232-000 3663 Hamline Avenue N 112.40 144.83 16.56 273.79 21.90 295.69 223023340036 000231-000 4101 Hamline Avenue N 94.09 120.75 16.56 231.40 18.51 249.91 163023340015 001285-000 4627 Highway 10 108.07 138.10 16.56 262.73 21.02 283.75 343023140028 012757-000 1138 Hunters Court 159.61 244.50 16.56 420.67 33.65 454.32 333023240108 012524-000 1850 Indian Place 117.59 150.62 21.48 289.69 23.18 312.87 223023340034 000355-000 4126 James Circle 147.71 192.67 16.56 356.94 28.56 385.50 213023430017 001534-000 1791 Janet Court 120.58 155.85 16.56 292.99 23.44 316.43 223023120013 000569-000 1307 Karth Lake Circle 166.60 217.38 16.56 400.54 32.04 432.58 333023110036 001551-000 1611 Lake Johanna Boulevard 133.42 170.91 16.56 320.89 25.67 346.56 333023340020 001884-000 3223 Lake Johanna Boulevard 75.41 93.12 16.56 185.09 14.81 199.90 333023420038 001969-000 3290 Lake Johanna Boulevard 133.20 171.46 16.56 321.22 25.70 346.92 283023120052 001575-000 1761 Lake Valentine Road 101.37 131.65 16.56 249.58 19.97 269.55 333023310018 011362-000 3308 New Brighton Road 52.33 99.27 16.56 168.16 13.45 181.61 223023330015 004713-000 4149 Norma Avenue 84.65 111.18 16.56 212.39 16.99 229.38 223023320013 000743-000 4283 Norma Avenue 478.87 760.58 16.56 1,256.01 100.48 1,356.49 213023140007 001276-000 4375 Old Highway 10 22.21 125.31 16.56 164.08 13.13 177.21 213023140006 001271-000 4401 Old Highway 10 22.21 125.31 16.56 164.08 13.13 177.21 343023330050 001671-000 3130 Ridgewood Road 58.65 66.96 16.56 142.17 11.37 153.54 343023220023 002089-000 3530 Siems Court 9.49 65.63 16.56 91.68 7.33 99.01 343023230022 007955-000 1480 Skiles Lane 119.40 185.66 16.56 321.62 25.73 347.35 343023310015 002293-000 3354 Snelling Avenue N 60.35 69.70 16.56 146.61 11.73 158.34 333023240093 011355-000 1865 Stowe Avenue 90.40 111.05 16.56 218.01 17.44 235.45 333023320008 005251-000 2000 Stowe Avenue 103.38 137.75 16.56 257.69 20.62 278.31 283023330011 007090-000 1971 Thom Drive 65.50 77.47 16.56 159.53 12.76 172.29 283023330012 003256-000 2023 Thom Drive 286.23 350.93 16.56 653.72 52.30 706.02 213023430002 001315-000 4100 Valentine Crest Road 4.88 247.35 33.19 285.42 22.83 308.25 8,610.50 11,275.34 1,158.14 21,043.98 1,683.52 22,727.50 NEW BUSINESS — IIB ,`iRZEN HILLS MEMORANDUM DATE: September 25, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-016 — No Public Hearing Required Applicant: Robert Williams Property Location: 1945 Edgewater Avenue Request: Variance Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Requested Action Motions to approve, table, or deny the following: • Adoption of Resolution 2023-049 for Planning Case 23-016 for a variance on a nonconforming detached garage due to the existing side yard setback for a corner lot of 1.4 feet to allow an addition on the north and south elevations that would decrease the current required side yard setback for corner lots from the minimum requirement of 40 feet to 5.8 feet and decrease the required front yard setback from the minimum requirement of 40 feet to 39.2 feet as measured from the footprint of the garage addition at 1945 Edgewater Avenue ("Subject Property"). tee; � Vim: C.MAC.E � m_{337 Q 5.F.1 � 16A P1lOPO5� .` •r<omnox .�• (m sAl Page 1 of 9 Background 1. Existing Site Conditions 1945 Edgewater Avenue, the Subject Property, is zoned R-2, Single and Two Family Residential District. It is designated for Low Density Residential in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by the Applicant. All surrounding parcels are also zoned R-2, Single and Two Family Residential District and designated for Low Density Residential Uses in the Land Use Plan. 2. Site Data 2040 Future Land Use Plan: LDR — Low Density Residential Existing Land Use: II Single Family Dwelling Zoning: II R-2, Single and Two Family Residential District Lot Size: 0.26 acres 3. Proposed Use The Applicant is requesting a variance to decrease the required side yard setback on a corner lot for the Subject Property from 40 feet to 5.8 feet and to decrease the required front yard setback from 40 feet to 39.2 feet as measured from the building line of the proposed garage addition. The existing detached garage is currently located 1.4 feet from the side yard property line. Section 1320.06 of the Arden Hills City Code requires 40-foot front yard setback in R-2 and a side yard setback of 40 feet on corner lots. Proposed Addition PROPOSED O • ,DfTONd vVl 4 P LU �6. 20.5 LU I 2: J EXISTING .a GARAGE _ `O 3 (377 S.F.) 6.7 20.5�_ O 16.0 -ss �- - --(28.6 -- ----- I° PROPOSED -- 'ADDITION - �I .a (66 S.F.) According to the Applicant's narrative and the Certificate of Survey for the Subject Property submitted as a part of the application, the Subject Property's existing principal structure does not meet the front yard setback requirement and the detached garage does not meet the side yard corner lot setbacks. The Subject Property was developed in 1952 and today is a legal nonconforming lot for the front yard setback and the side yard setback for corner lots. The 40-foot side yard setback on corner lots for each street frontage was established in the Code in 1980. The requested variance Page 2 of 9 would not encroach further into the existing nonconforming building setbacks on the Subject Property. The Applicant is requesting the proposed garage addition as, according to the Applicant, two vehicles cannot be stored and accessed within the existing detached garage. The proposed garage addition would meet applicable building codes and all other regulations in the R-2 District. As a legal nonconforming lot, the existing detached accessory structure is allowed to be maintained through normal maintenance and repairs. The Applicant would not be able to construct the proposed garage addition without a variance. 4. Approvals The City Council is being asked to determine if a variance request for flexibility on the front yard setback and the side yard setback of a corner lot should be approved. The submitted sketches show the location of the proposed garage addition. The evaluation of the proposal should be based on the District Provisions in Section 1320, the General Regulations in Section 1325, and the Requirements for a Variance in Section 1355.04, Subd. 4. At their September 6, 2023 meeting, the Planning Commission reviewed the variance request on the Subject Property. After discussion, the Planning Commission voted to recommend approval with conditions by a 5-0 vote. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (R-2 Single and Two Family Residential District) — Section 1320.06 Lot Size and Dimensions — Meets Requirements The Subject Property was constructed in 1952 with a lot area of 11,325.6 square feet (Attachment D). Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 11,000 square feet per single-family dwelling unit. Structure Setbacks — Variance Requested In the R-2 District, the minimum front and rear setback requirements are 40 feet and 30 feet, respectively. The existing detached garage is located 43.2 feet from the front yard property line and the principal structure has a 35.3 foot front yard setback. The minimum side yard setback on a corner lot is 40 feet. The existing detached garage is located 1.4 feet from the side yard property line and the principal structure is located 28.6 feet from the side yard property line. The proposed garage addition located on the north and south elevations would be setback 5.8 feet from the east side yard property line and have a 39.2-foot front yard setback (i.e. south property line). As shown in the survey below, the garage addition would not go beyond the existing building line of the principal dwelling's 35.3-foot existing front yard setback on the Subject Property or surpass the existing garage's 1.4-foot side yard setback. Page 3 of 9 Side yard setback �N89Q57'5U},'�"' ING FENCE (85-PLAT) r� EIES EIWE I za INCH OPEN IRON PIPE 64. 79 V2 INCH OPEN I IRON PIPE EXISTING SHED A. I I (66 S.F.) I I I I I 1 •- I ---410.0----'-- - I - -SEr,33.Zl: FPIEX_STINGI(DECK�?t,9 .. EXISTING / 26A ap 1 a,• HOUSE a' �' ° EXISTING . (1,286 S.F.) ?• GARAGE v 61 I •! (377 S.F.) II I� 6.7 - a 16.0 __ _ ,128.E Lj21NCH OPEN IRON PJPE a PROPOSED ADDIT3'0N {66 S.F.) ry U f+, I 2® j� 84. 86 (85-IPILAT) N8905747"W -Existing Front yard -Proposed setback EQGENA TEE AVENUE Rear yard setback Proposed -Existing Side yard corner setback for garage -Proposed Existing Garage Proposed Garage Addition Front Setback 43.2 feet 39.2 feet Rear Setback 73.1 feet 69.1 feet Side Yard Corner 1.4 feet 5.8 feet* Side Yard Total Both Side Yards 24.3 feet 24.3 feet *Distance shown is from the addition. Setback as measured from the front building line of detached garage will remain the same. Page 4 of 9 Landscaped Area — Meets Requirements In the R-2 District, the minimum landscaped area required without a variance is 65% of the property or 7,361.64 square feet. The Subject Property has an existing landscaped area of 8,312.42 square feet or 73.39%. The proposed addition would decrease the total landscaped area to 8,184.42 square feet, or 72.26% percent of the property. Structure Coverage — Meets Requirements The R-2 District allows for a maximum structure coverage of 25% or 2,831.4 square feet of the Subject Parcel. The existing structure coverage is 1,729 square feet or 15%. The proposed garage addition would increase the total structure coverage by 128 square feet for a total of 1,857 square feet, or 16% of the Subject Property. 2. General Regulations (Accessory Structures) —Section 1325.01 Height — Meets Requirements Accessory structures in R-2 shall not exceed fifteen feet in height or the height of the principal structure to which it is accessory, whichever is lower. The proposed addition is seven feet in height and is designed to extend at the eaves of the existing structure. The overall height of the garage will not increase with the proposed addition. Location — Meets Requirements Accessory structures in R-2 shall not be located nearer the front lot line than the front yard setback line for the principal structure to which it is accessory. City Code defines that on a corner lot, the shortest street lot line shall be the front lot line and the longest street lot line shall be a side lot line. The proposed addition is located behind the existing front yard setback line for the principal structure and complies with this definition. Size — Meets Requirements Accessory structures associated with residential uses shall not exceed seven hundred and twenty- eight (728) square feet in floor area. The proposed garage addition would increase the total accessory structure square footage of the existing detached garage and an existing shed to 571 square feet. The total floor area of accessory structures located in the rear of a principal structure, the total floor area of all such accessory structures shall not exceed twenty-five (25) percent of the minimum required rear yard area for the principal structure. The proposed garage addition would be located in the side yard of the principal structure. No more than two (2) accessory structures shall be permitted on a lot primarily used for residential uses. The Subject Property has two accessory structures and meets this requirement. 3. Variance Review The role of the City Council is to determine and consider how the facts presented to them compare with the city's articulated standards. The Council should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the City Council may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may Page 5 of 9 help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The City Council may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 4. Variance Requirements — Section 1355.04, Subd. 4 The Applicant requests a variance to construct a garage addition to the north and south sides of their existing detached garage that would impede on the required front yard setback and the required side yard setback on a corner lot in the R-2 Residential District. The City Council will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The variance request for 1945 Edgewater Avenue is for a proposed garage addition. The Subject Property is zoned R-2, Single and Two Family Residential District and is guided as Low Density Residential on the Land Use Plan. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the purpose of the garage addition is so that the garage can fit two parked vehicles. The inside width of the existing garage is approximately 18 feet and can fit two cars but there is not room to open the car doors to enter or exit the vehicle. The proposed addition will allow for both of the residents' vehicles to be parked in the garage while being accessible. Additional storage of tools and equipment will also be possible. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, the current garage was built and located where it is long before they owned the property. The Applicant purchased the property in 2023 and the Subject Property was built in 1952. Page 6 of 9 c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the variance requested is in keeping with the character of the neighborhood. The design of the addition is four feet behind the front line of the existing garage and thus is four feet further from the property line so visibility at the corner intersection is maintained. The Applicant states that the garage addition fits with the neighborhood and will not stand out as a different type of visual design or feel. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The Applicant states that the proposed variance is to increase the personal functionality of the building for their family, not to turn a profit of some kind. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Findings of Fact The Planning Commission reviewed this application at their September 6, 2023 meeting and have offered the following findings for your consideration: General Findings: 1. City Staff received a land use application for a variance request to the required R-2 Zoning District side yard setback for corner lots and the front yard setback at the Subject Property 1945 Edgewater Avenue. 2. A single-family dwelling is a permitted use within the R-2 Zoning District. 3. The garage addition will not impede sight lines or obstruct the clear vision area from the roadways since the existing building line along Prior Avenue will remain the same. 4. The existing detached garage is legal nonconforming with a side yard setback of 1.4 feet. 5. The proposed garage addition would have a side yard setback for a corner lot of 5.8 feet and does not increase the nonconformity of the lot. 6. The proposed garage addition would decrease the required front yard setback to 39.2 feet. Variance Findings: 1. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 2. The proposed garage addition would not alter the essential character of the neighborhood because the proposed design will fit with the neighborhood and will not encroach further into the existing garage's corner side yard setback. 3. The variance request is not based on economic considerations alone. Page 7 of 9 Options and Motion Language The Planning Commission reviewed this application at their September 6, 2023, meeting. At that time, they recommended approval with conditions of Planning Case 23-016 to decrease the required front yard setback from 40 feet to 39.2 feet and to decrease the required side yard setback for a corner lot from 40 feet to 5.8 feet at 1945 Edgewater Avenue by a 5-0 vote. The following are motion language options for the City Council to consider. • Approval with Conditions: Motion to a opt Resolution 2023-049, approving Planning Case 23-016 for a Variance at 1945 Edgewater Avenue, based on the findings of fact and the submitted plans in the September 25, 2023, Report to the City Council, as amended by the conditions below: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. • Approval as Submitted: Motion to adopt Resolution 2023-049, approving Planning Case 23-016 for a Variance at 1945 Edgewater Avenue, based on the findings of fact and the submitted plans in the September 25, 2023, Report to the City Council. Denial: Motion to deny Planning Case 23-016 for a Variance at 1945 Edgewater Avenue, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-016 for a Variance at 1945 Edgewater Avenue: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on September 13, 2023. A public hearing notice for this planning case was published in the Pioneer Press on September 14, 2023. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Staff has received one written comment in support of this proposal as of September 20, 2023. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on August 21, 2023. Pursuant to Minnesota State Statute, the City must act on this request by October 20, 2023 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. Page 8 of 9 Attachments A. Land Use Application B. Location Map C. Variance Request Letter D. Site Survey & Renderings E. Certificate of Survey F. Planning Commission Memo G. Draft Planning Commission Minutes H. Resolution 2023-049 I. City Council Presentation Page 9 of 9 Attachment A or Office Use. 'It EN HILLS Planning Case No. 23- Submittal Date 1245 West Highway 96 Application Completed Date Arden Hills, Minnesota 55112 Accepted by Telephone (651) 792-7800 Receipt Number Fax (651) 634-5137 Council Decision www.cityofardenhills.org Council Decision Date 2023 LAND USE APPLICATION Applicant Information Applicant: Robert Williams Address: 1945 Edgewater Ave Arden Hills, MN 55112 Telephone No.: 612-237-7605 Other: Fax No.: Email Address: wilrob@gmail.com Property Information Property Owner: Same as applicant, Robert Williams Owner Address: 1945 Edgewater Ave Arden Hills, MN 55112 Owner Telephone No. 612-237-7605 Other: Address of Property Involved: 1945 Edgewater Ave Arden Hills MN 55112 Legal Description: Lot 8. Block 2. Rose Lang's Addition Property ID No.: 333023330019 Type of Use: 510 Single Family Dwelling, Platted Lot Zone: Residential-2 Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) ❑ Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Sppecial Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Develo ment Plan Amendment (Fee: $400 + Escrow: $1,500F ❑ Site Plan Review (Fee: $450 + Escrow: $1,500) Property Acreage: 0.2634 ❑ Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $T,500) ❑ Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee: $350 + Escrow: $1,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) ®. Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests — Not Already Specified (Fee: $150 + Escrow: $1,000 Page 1 of 3 Brief Description of Request Requesting a variance for a bump out on each side of existing garage, each measuring 4'x16'. 4 sFr 4019TTIMWA �rrte_* *IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Filing & Information Requirements The City requests that you make a pre -application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.citvofardenhills.org/landuseagglications. Complete/Incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. Payment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Page 2 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2023 Planning Commission and City Council Schedule ('subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 .m. TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (1" day of the preceding month) January 4 January 23 December 1 2022 February 8 February 27 January 2 March 8 March 27 February 1 April 5 Aril 24 March 1 Mav 3 May 22 Aril 3 June 7 June 26 May 1 Julv 5 July 24 June 1 August 9 August 28 July 3 September 6 September 25 August 1 October 4 October 23 September 1 November 8 November 27 October 2 December January 8 f2024i November 1 Acknowledgement and Siqnature hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Property Owner Signature (Required) 1�� Date /Z7/�� Applicant Signature (If different than the property owner) Date Please contact the Community Development Director at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: www.cilyofardenhills.or(x/landuseapi)lications Page 3 of 3 Location Map Attachment 6 8/18/2023, 11:18:23 AM Personal Property 21' County Offices 1:1,200 2022 Aerial 0 0.01 0.03 Tax Parcels 1 ' 1 _.._ Red: Band-1 0 0.02 0.04 L••—•! Cities Green: Band 2 Blue: Band 3 0.05 mi 0.08 km Ramsey County Ramsey County MN Attachment C 1945 Edgewater Ave Variance Request Written Statement 8/16/2023 Arden Hills Planning Commission, City Council, and city staff, Thank you for considering this request for a variance at my home located at 1945 Edgewater Ave. My wife, two kids, and I live at this location. We recently moved from 1995 Jerrold Ave just one block over in order to better support my son and his special needs. We are a community -oriented family that resides at the house where the porposed changes would occur. We are connected to our neighbors, involved in the city, I run a nonprofit serving children in Minnesota, and we regularly help neighbors with various home and yard projects. We have been residents of Arden Hills since 2015 and I also attended Bethel University for my undergraduate degree. I share the above because I want to try to communicate that our family, like you, value the city of Arden Hills and its community and neighborhood feel. We recognize the importance of the purposes of the zoning districts (1320.04 Subd. 2) and why variances are sometimes needed. In the proposed work, we will maintain the intent of the Residential-2 District Zoning of single and two family housing with limited density and restriction of incompatible uses. We will also maintain the beautiful open space of Arden Hills including our yard, which is why the proposed work removes a very small amount of open space: 64 sft that is currently concrete and 64 sft that is currently landscape rock and three relatively small bushes. My understanding from the helpful city staff is that a variance is needed due to the location of the existing garage, which is closer than 40 feet from the East property line. As you can see in the included documentation, the proposed addition to the garage will be approximately 4 feet further from the East property line than the existing garage structure. Therefore, we are not requesting an increase of the nonconformity of the structure in relation to distance from the property line. Additionally, the garage - which I expect was built over 50 years ago based on the structural design — is located in relation to the property line similar to those of the neighborhood (see attachment #1). So, while the garage does not confirm to the zoning, it isn't an eyesore in the neighborhood by any means. The Variance Procedures and Application Requirements document provided to me by city staff lists six criteria used for review of variance applications. I have addressed each of the six criteria below. CRITERIA FOR REVIEW. 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, The purpose of the proposed work is so that my wife and I can both park our vehicles inside the garage. The inside width of the garage is currently approximately 18'. While both vehicles can technically fit inside this width there is not room to open the door in order to get out of the vehicles. The proposed bump outs on each side of the garage will allow for both vehicles to park inside the garage and doors be opened in order to enter and exit. Additional storage of tools and the kid's bikes and toys will also be possible. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; The current garage was built and located where it is long before we owned the property. Friends that are more knowledgeable than me in construction trends expect the garage was built in the 1950s. 3. The deviation from the Ordinance with any attached conditions will still be in keeping with the spirit and intent of the Ordinance; We also value the safety of those in our neighborhood on foot, bike/scooter/etc., and in vehicles. I expect the 40' setback from the side property lines of buildings for corner lots is intended at least in part for the safety of street use — so the intersection is visible as all users approach. Since the bump outs are 4' shorter than the existing garage, and therefore 4' further from the property line, visibility will not decrease due to the bump outs. 4. The variance will not create a land use not permitted in the zone; Land use will continue to be for my family's residential purposes. 5. The variance will not alter the essential character of the City; We very highly value the neighborhood and it's look and feel. The bump outs fit with the neighborhood and will not stand out as a different type of visual design or feel. Density of the neighborhood will not be affected and the proposed work complies with all other requirements including structural and impervious area requirements. 6. The variance is not for economic reasons alone; The purpose of the variance is to increase the personal functionality of the building for our family, not to turn a profit of some kind. I hope that I have provided the information you need to make an informed decision. Please ask any other questions you may have — I am happy to answer as best I can. I ask that you please approve this variance as I believe it conforms to the criteria for review and follows the intent of the zone rules. Sincerely, xVV6�- Rob Williams 1945 Edgewater Ave, Arden Hills, MN 55112 Mobile: 612-237-7605 m'SINSGv O LU 3Avm»M3m;§B##� m5ml1o2 No1e�D 2Am-30ScISMImVI7« k Q . e2 2-« 3 c 4w� 2_- ==_-=_----- 332?»y w?\ Z Of BD . �\ƒl<(ƒ_� $§%\. §?\25 . \d\00- \°«X;R ` \- \ \3�\ �� _ -\� -%�� - 2-« � ec IL 2 a NIN'SIIIH N34bV w 3AV bJKVM3043 Mb NVId WOIJ = NOIlId4V 3JVbVO - 30NMIS3b SINVIIIIM U Q r�� LvAA "We £ - .OZ 24 -SL IF ,.4/LOL-.£ ..Z40L-,L 1 X-.L o I I p < _ I ti p� p.ti wz 'u5 za z¢ zaN. w d N I I I v Q Q' tz w w " wln RU,w pUw wvJ a ., I ' o I I a I Z o I 04 (V U ..Z/L 0L I X -.L '< .,Z/ L L- .4 L 1.4/ L 0 L- .£ U = o U 10 .,4/£ S - .6 L N w = Q � w £d J m0 z a��mg 4 3�ao} w K�Qz zw�» a m EO zo m'SINmmv § N 3Avm»M3 0(11M� NvaJO m No1a� D 2Am-]O ScISMImVI2« I Q \ a � z \ \\ )){\) (\ (k m'S1Nmmv M LU 3Avm»M30(11M� moUVA313om#3 No1a�D 2Am-]OScISM]mV12« k Q af 00 2- �» ^Eke § § §)§G§\ 'PINION 111111 t-1 � ■��� �� ,� ■� � 2 § \ [2[\ 6 =w \\)/ /(�\ » 8; z»§& \ 20 \ Wz \ NIN'SIIIH NIRIV w 3AH bJKVM30(13 gtU N0003S Minna = NOIRIO`d 3EMNE) - 30NMIS3b SINVIIIIM U Q 0 „ Z/ l 6' „Z/ L S - 19 - - - - - o - - - - - - - - - - - - w w O o �a Qw �w 0o aF w O �z g z x p H K z Q Z W f U d F � �pxw �N d X•-•�Q Z W 02NU to Q 0 a V p W x N j o M m N¢ J V �< K= O O ti Q p w O z Z W 0 Z_ 0 Q w K� o ? Q Wa¢ a 0 J O= ¢ M�< 9 Z H w W W d m W J W ��=` X Otn d W Zi d'J d'N y d O J U O W W W W O W k V Q Z W X O W H d' p>Hd ZITI Q c H Z ZrN cn �i �i Z — j — — — T — — —� — ` — — — — — — z W �0 z z W 0 N Z CDw 09 K N LL U W N N F Q LL U r LL¢ ..Z O0a=i O Owx N a 4 a- a w U U' p a rn p ZQ X ZN<n�Q lai Q� W NIN'SIIIH NIRIV w1.0 3AH bJKVM30(13 Mb SWAG w NOIRIO`d 3EMNE) - 30NMIS3b SINVIIIIM Z W o K W Q a Zww 0 Q�w w ma rnw`� Y a U Q ti w a O j K c „8 „l - I I M 0 0 0 0l 0 N O O (V c N O io m in M 0a - ,Z (V 0 N 0 N A'SINmmv ( LU 3AvmAM30(13StU gA2 No1a�D 2mm-BOGGSMIm¥I7« k Q Z \ � T \ k / \ \ ( ( ( \ \ \ \ 0 \ j \ a � L -. - oi I � � �§j / \ \ J LL CERTIFICATE OF SURVEY OTALRLOTCAREAURFACECALCULATIONS Attachment E for- ROB WILLIAMS EXISTING HOUSE, GARAGE &DECK ................ EXISTING SHED......................................................................... 66 S.F. -of- 1945 EDGEWATER AVENUE EXISTING DRIVEWAY, SIDEWALKS & PATIO AFTER REMOVALS.... 1,020 S.F. PROPOSED GARAGE ADDITION ................................................... 128 S.F. ARDEN HILLS, MINNESOTA TOTAL IMPERVIOUS SURFACE ................................................. 3,219 S.F. PERCENT IMPERVIOUS............................................................ 28.1% _ I v "` `o _EXISTING FENCE N89 57'50 "E LIES NORTH OF LINE INCH OPEN (85-PLAT) I 1/2 INCH OPEN IRON N PIPE 84.79 IRON PIPE LL_L_LJ 1 EXISTING SHED .Y. =0-18.1'x8.2') I - �s o (66 S.F.) o n u 7 --BLDSB----BLDSB p ' rn D —____r ___40.0-_____1_ o IEXISTING x xd x, OQF o DECK P'ROPOSED °O..i�a 22.9 ----ADDITION AD ITION I `te_ro W p� zo � EXISTING EXISTING oi- (1,286 S.F.) .ro W —i a a rr, ^I > a m, GARAGE -� Q O. - (377 S.F.) / CY -6.7 20.5�. .4 O `— BLDS ----BLDSB)/ a 16.0 -5.8 VC L—xx 33.228.6 ----- v11 PROPOSED a ADDITION j (66 S.F.) Ci 20 40 1/2 INCH OPEN 84.86 IRON PIPE (85-PLAT) N89"57'47 "W EDGEWATE�,' AVENUE S PARCEL DESCRIPTION NOTES Lot 8, Block 2, ROSE LANG'S ADDITION, Ramsey County, Minnesota. GRAPHIC SCALE - Field survey was completed by E.G. Rud and Sons, Inc. on 20 0 10 20 40 8/16/23. LEGEND Bearings shown are on the Ramsey County Coordinate System. DENOTES IRON MONUMENT FOUND AS LABELED - Parcel ID Number: 33-30-23-33-0019. O DENOTES IRON MONUMENT SET, MARKED RLS# 521401 INCH = 20 FEET Zoned R-2, Single & Two family Residential district. ® DENOTES AIR CONDITIONING UNIT Building Setback: Front=40, Rear=30, Corner Side=40, Side=5 ❑ DENOTES CATCH BASIN ❑E �j� '. Q. RUB 9 SONS, INC.f This survey was prepared without the benefit Of title work. DENOTES ELECTRICAL BOX 1j Additional easements, restrictions and/or encumbrances may © DENOTES GAS METER / exist other than those shown hereon. Survey subject to c DENOTES LIGHT POLE Professional Land Surveyors revision upon receipt of a current title commitment or an 6776 Lake Drive NE, Suite 110 attorney's title opinion. _ _8 DENOTES MAILBOX Lino Lakes, MN 55014 I DENOTES BITUMINOUS SURFACE Tel. (651) 361-8200 Fax (651) 361-8701 I hereby certify that this survey, plan or report was prepared by J — — J w e0rud.com me or under my direct supervision and that I am a duly Registered DENOTES CONCRETE SURFACE ' Land Surveyor un BEARING DATUM: Assumed SCALE: 1" = 20 the laws of the State of Minnesota. L_ J DENOTES PAVER SURFACE REVISIONS JOB NO. 230839L5 -----BLDSB— DENOTES BUILDING SETBACK 1 OB/18/23 PROPOSED GARAGE ADDITION DSH DATE: 08-18-23 DANIEL S. HANSON x DENOTES FENCE 2 08/21/23 OFFSET DISTANCES D5H DRAWN BY: KCM Date: 8/21/2023 License No. 52140 OHu DENOTES OVERHEAD UTILITY 3 NO. DATE DESCRIPTION By I CREW: BH BJ ,-ARZEN HILLS MEMORANDUM DATE: September 6, 2023 Attachment F Agencia item — TO: Planning Commission Chair and Commissioners FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case #23-016 — No Public Hearing Required Applicant: Robert Williams Property Location: 1945 Edgewater Avenue Request: Variance Requested Action Robert Williams ("Applicant") has requested a variance to construct an addition to the north and south elevation of an existing detached garage on the property located at 1945 Edgewater Avenue ("Subject Property"). The Applicant has requested a variance to decrease the required side yard setback for corner lots from the minimum requirement of 40 feet to 5.8 feet and decrease the required front yard setback from the minimum requirement of 40 feet to 39.2 feet. The Applicant is proposing a four -foot -wide addition on both sides of the garage to expand the existing garage width from 18.4 feet to 26.4 feet. The addition would add 128 square feet to the existing garage. Background 1. Existing Site Conditions 1945 Edgewater Avenue, the Subject Property, is zoned R-2, Single and Two Family Residential District. It is designated for Low Density Residential in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by the Applicant. All surrounding parcels are also zoned R-2, Single and Two Family Residential District and designated for Low Density Residential Uses in the Land Use Plan. 2. Site Data 2040 Future Land Use Plan: I LDR — Low Density Residential Existing Land Use: II Single Family Dwelling Zoning: II R-2, Single and Two Family Residential District Lot Size: 0.26 acres Pagel of 8 3. Proposed Use The Applicant is requesting a variance to decrease the required side yard setback on a corner lot for the Subject Property from 40 feet to 5.8 feet and to decrease the required front yard setback from 40 feet to 39.2 as measured from the portion of the proposed garage addition. The current garage structure is located 1.4 feet from the side yard property line. Section 1320.06 of the Arden Hills City Code requires 40-foot front yard setback in R-2 and a side yard setback of 40 feet on corner lots. According to the Applicant's narrative and the Certificate of Survey for the Subject Property submitted as a part of the application, the Subject Property's existing principal structure does not meet the front yard setback requirement and the detached garage does not meet the side yard corner lot setbacks. The Subject Property was developed in 1952 and today is a legal nonconforming lot for the front yard setback and the side yard setback for corner lots. The 40-foot side yard setback on corner lots for each street frontage was established in the Code in 1980. The requested variances would not encroach further into the existing minimum building setbacks on the Subject Property. The Applicant is requesting the proposed garage addition as, according to the Applicant, two vehicles cannot be stored and accessed within the existing garage. The proposed garage addition would meet applicable building codes and all other regulations in the R-2 District. As a legal nonconforming lot, the existing detached accessory structure is allowed to be maintained through normal maintenance and repairs. The Applicant would not be able to construct the proposed garage addition without a variance. 4. Approvals The Planning Commission is being asked to determine if a variance request for flexibility on the front yard setback and the side yard setback of a corner lot should be approved. The submitted sketches show the location of the proposed garage addition. The evaluation of the proposal should be based on the District Provisions in Section 1320, the General Regulations in Section 1325, and the Requirements for a Variance in Section 1355.04, Subd. 4. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (R-2 Single and Two Family Residential District) — Section 1320.06 Lot Size and Dimensions — Meets Requirements The Subject Property was constructed in 1952 with a lot area of 11,325.6 square feet (Attachment D). Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 11,000 square feet per single-family dwelling unit. Structure Setbacks — Variance Requested In the R-2 District, the minimum front and rear setback requirements are 40 feet and 30 feet, respectively. The current garage structure is located 43.2 feet from the front yard property line and the principal structure has a 35.3 foot front yard setback. The minimum side yard setback on a corner lot is 40 feet. The current garage structure is located 1.4 feet from the side yard property Page 2 of 8 line and the principal structure is located 28.6 feet from the side yard property line. The proposed garage addition would be setback 5.8 feet from the east side yard property line and have a 39.2- foot front yard setback. As shown in the survey below, the garage addition would not go beyond the existing building line of the principal dwelling's 35.3-foot existing front yard setback on the Subject Property or surpass the existing garage's 1.4-foot side yard setback. Side yard setback N [!�i9057'50 "E EXISTING FENCE " $5SiLIES NORTH 8F LINE W [NCH OPEN -PLAT 1�) [ V2 [NCH OPEN IRIM PIPE 84. 79 1RUM PIPE 1Q1 I EXISTING SHED I g +48.rX8,21) :S 5 (66 S.F.) ., I I ID Fa i i�i ii vt+ �i I w I w I 4 I --'40,0-----y- OECD � A•fiy /PROPC) d aI 22.9 -- a I I I I I I I I I e e I I EXISTING NOU5E(1,286 S.F.) °� ��" r(377 ---- J ' " 1S,U + Z ZB.6 a'. PROPOSED { '-ADDITION {fib S.F.) T'} � I+i M {ry LxL (I �r , iti 1 � Li2IN[H OPEN 494 « T40N PJPE (85-PLATJ N89'57'47'L W -Existing Front yard -Proposed setback S,5 20 Rear yard setback Proposed / -Existing Side yard corner setback for garage -Proposed Page 3 of 8 Existing Garage Proposed Garage Addition Front Setback 43.2 feet 39.2 feet Rear Setback 73.1 feet 69.1 feet Side Yard Corner 1.4 feet 5.8 feet* Side Yard Total Both Side Yards 24.3 feet 24.3 feet *Distance shown is from the addition. Setback as measured from the front building line of detached garage will remain the same. Landscaped Area —Meets Requirements In the R-2 District, the minimum landscaped area required without a variance is 65% of the property or 7,361.64 square feet. The Subject Property has an existing landscaped area of 8,312.42 square feet or 73.39%. The proposed addition would decrease the total landscaped area to 8,184.42 square feet, or 72.26% percent of the property. Structure Coverage — Meets Requirements The R-2 District allows for a maximum structure coverage of 25% or 2,831.4 square feet of the Subject Parcel. The existing structure coverage is 1,729 square feet or 15%. The proposed addition would increase the total structure coverage by 128 square feet for a total of 1,857 square feet, or 16% of the Subject Property. 2. General Regulations (Accessory Structures) —Section 1325.01 Height — Meets Requirements Accessory structures in R-2 shall not exceed fifteen feet in height or the height of the principal structure to which it is accessory, whichever is lower. The proposed addition is seven feet in height and is designed to extend at the eaves of the existing structure. The overall height of the garage will not increase with the proposed addition. Location — Meets Requirements Accessory structures in R-2 shall not be located nearer the front lot line than the front yard setback line for the principal structure to which it is accessory. City Code defines that on a corner lot, the shortest street lot line shall be the front lot line and the longest street lot line shall be a side lot line. The proposed addition is located behind the existing front yard setback line for the principal structure and complies with this definition. Size — Meets Requirements Accessory structures associated with residential uses shall not exceed seven hundred and twenty- eight (728) square feet in floor area. The proposed garage addition would increase the total accessory structure square footage of the existing detached garage and an existing shed to 571 square feet. The total floor area of accessory structures located in the rear of a principal structure, the total floor area of all such accessory structures shall not exceed twenty-five (25) percent of the minimum required rear yard area for the principal structure. The proposed garage addition would be located in the side yard of the principal structure. No more than two (2) accessory structures shall be permitted on a lot primarily used for residential uses. The Subject Property has two accessory structures and meets this requirement. Page 4 of 8 3. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city's articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 4. Variance Requirements — Section 1355.04, Subd. 4 The Applicant requests a variance to construct a garage addition to the north and south sides of their existing detached garage that would impede on the required front yard setback and the required side yard setback on a corner lot in the R-2 Residential District. The Planning Commission will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The variance request for 1945 Edgewater Avenue is for a proposed garage addition. The Subject Property is zoned R-2, Single and Two Family Residential District and is guided as Low Density Residential on the Land Use Plan. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the purpose of the garage addition is so that the garage can fit two parked vehicles. The inside width of the existing garage is approximately 18 feet and can fit two cars but there is not room to open the car doors to enter or exit the vehicle. The Page 5 of 8 proposed addition will allow for both of the residents' vehicles to be parked in the garage while being accessible. Additional storage of tools and equipment will also be possible. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, the current garage was built and located where it is long before they owned the property. The Applicant purchased the property in 2023 and the Subject Property was built in 1952. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the variance requested is in keeping with the character of the neighborhood. The design of the addition is four feet behind the front line of the existing garage and thus is four feet further from the property line so visibility at the corner intersection is maintained. The Applicant states that the garage addition fits with the neighborhood and will not stand out as a different type of visual design or feel. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The Applicant states that the proposed variance is to increase the personal functionality of the building for their family, not to turn a profit of some kind. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. 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. City Staff received a land use application for a variance request to the required R-2 Zoning District side yard setback for corner lots and the front yard setback at the Subject Property 1945 Edgewater Avenue. 2. A single-family dwelling is a permitted use within the R-2 Zoning District. 3. The garage addition will not impede sight lines or obstruct the clear vision area from the roadways since the existing building line along Prior Avenue will remain the same. 4. The existing detached garage is legal nonconforming with a side yard setback of 1.4 feet. 5. The proposed garage addition would have a side yard setback for a corner lot of 5.8 feet and does not increase the nonconformity of the lot. 6. The proposed garage addition would decrease the required front yard setback to 39.2 feet. Page 6 of 8 Variance Findings: 1. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 2. The proposed garage addition would not alter the essential character of the neighborhood because the proposed design will fit with the neighborhood and will not encroach further into the existing garage's corner side yard setback. 3. The variance request is not based on economic considerations alone. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. • Recommend Approval with Conditions: Motion to recommend approval of Planning Case 23-016 for a Variance at 1945 Edgewater Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the September 6, 2023, Report to the Planning Commission: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. • Recommend Approval as Submitted: Motion to recommend approval of Planning Case 23- 016 for a Variance at 1945 Edgewater Avenue, based on the findings of fact and the submitted materials in the September 6, 2023, Report to the Planning Commission. Recommend Denial: Motion to recommend denial Planning Case 23-016 for a Variance at 1945 Edgewater Avenue, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. Table: Motion to table Planning Case 23-016 for a Variance at 1945 Edgewater Avenue: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on August 24, 2023. A public hearing notice for this planning case was published in the Pioneer Press on August 24, 2023. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Staff has received one written comment in support of this proposal as of September 1, 2023. Deadline for Agency Actions Page 7 of 8 The City of Arden Hills received the completed application for this request on August 21, 2023. Pursuant to Minnesota State Statute, the City must act on this request by October 20, 2023 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. Attachments A. Land Use Application B. Location Map C. Variance Request Letter D. Site Survey & Renderings E. Certificate of Survey Page 8 of 8 Attachment G -fiVEN HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, SEPTEMBER 6, 2023 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Vice Chair Wicklund called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Commissioners Shelley Blilie, Joshua Collins, Arlene Mitchell, Kurtis Weber, and Jonathan Wicklund. Absent: Chair Paul Vijums and Commissioner Brad Bjorklund. Also present were: Community Development Director Jessica Jagoe, Senior Planner Elena Fransen and Councilmember Emily Rousseau. APPROVAL OF AGENDA — SEPTEMBER 6, 2023 Commissioner Weber moved, seconded by Commissioner Mitchell to approve the September 6, 2023, agenda as presented. The motion carried unanimously (5-0). APPROVAL OF MINUTES August 9, 2023 — Planning Commission Regular Meeting Vice Chair Wicklund requested a change to the minutes on Page 4 under Item B noting the comment should read Community Development Director Jagoe stated that. Commissioner Collins moved, seconded by Commissioner Weber, to approve the August 9, 2023, Planning Commission Regular Meeting as amended. The motion carried unanimously (5-0). PLANNING CASES A. Planning Case 23-016; 1945 Edgewater Avenue - Variance — Public Hearing Not Required ARDEN HILLS PLANNING COMMISSION — September 6, 2023 2 Senior Planner Fransen stated Robert Williams ("Applicant") has requested a variance to construct an addition to the north and south elevation of an existing detached garage on the property located at 1945 Edgewater Avenue ("Subject Property"). The Applicant has requested a variance to decrease the required side yard setback for corner lots from the minimum requirement of 40 feet to 5.8 feet and decrease the required front yard setback from the minimum requirement of 40 feet to 39.2 feet. The Applicant is proposing a four -foot -wide addition on both sides of the garage to expand the existing garage width from 18.4 feet to 26.4 feet. The addition would add 128 square feet to the existing garage. Senior Planner Fransen reviewed the surrounding area, the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. City Staff received a land use application for a variance request to the required R-2 Zoning District side yard setback for corner lots and the front yard setback at the Subject Property 1945 Edgewater Avenue. 2. A single-family dwelling is a permitted use within the R-2 Zoning District. 3. The garage addition will not impede sight lines or obstruct the clear vision area from the roadways since the existing building line along Prior Avenue will remain the same. 4. The existing detached garage is legal nonconforming with a side yard setback of 1.4 feet. 5. The proposed garage addition would have a side yard setback for a corner lot of 5.8 feet and does not increase the nonconformity of the lot. 6. The proposed garage addition would decrease the required front yard setback to 39.2 feet. Variance Findings: 1. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 2. The proposed garage addition would not alter the essential character of the neighborhood because the proposed design will fit with the neighborhood and will not encroach further into the existing garage's corner side yard setback. 3. The variance request is not based on economic considerations alone. Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 23-016 for a Variance at 1945 Edgewater Avenue: 1. Recommend Approval with Conditions 1) A Building Permit shall be issued prior to commencement of construction. 2) The proposed building shall conform to all other standards and regulations in the City Code. 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Vice Chair Wicklund opened the floor to Commissioner comments. Commissioner Collins asked why the Commission was reviewing this request when City setbacks were not being met by the existing detached structure. ARDEN HILLS PLANNING COMMISSION — September 6, 2023 3 Senior Planner Fransen explained a detached structure that was nonconforming could not be expanded without going through the variance process. Commissioner Weber questioned what the implications were for the property should the homeowner decide to sell. Senior Planner Fransen reported if the homeowner were to sell, the variance would be for the garage addition specifically proposed in this planning case. She stated any further expansion would have to be reviewed by the City. Commissioner Weber asked if the home were demolished and rebuilt, could the new home have the requested setbacks. Community Development Director Jagoe reviewed the language regarding non -conforming structures, noting it was the same language within State Statute. She reported that City Code for detached structures with non -conformities are allowed to be repaired and maintained but cannot be expanded without a variance. She explained the property owner would be allowed to rebuild the house and detached structure if a fire were to occur subject to compliance with city code and State Statute language. She further noted that the setbacks being requested specifically apply to the proposed garage addition illustrated in the planning case and would not be applicable to separate improvements or further expansion to the Subject Property without a variance. Commissioner Blilie indicated she supported the proposed variance request. Commissioner Weber moved and Commissioner Collins seconded a motion to recommend approval of Planning Case 23-016 for a Variance at 1945 Edgewater Avenue based on the findings of fact and the submitted plans, as amended by the conditions in the September 6, 2023, report to the Planning Commission. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Rousseau provided the Commission with an update from the City Council. She reported the Council approved the fencing Ordinance and would require snow fencing to be removed no later than April 1. She indicated the Council also approved the low potency/hemp regulations with amendments. She stated the Economic Development Commission met in August and was addressing the City's sign code ordinance. B. Planning Commission Comments and Requests Vice Chair Wicklund stated Commissioner Clayton Zimmerman had resigned his position from the Planning Commission. He noted the City would be seeking a volunteer for this alternate seat on the Commission. Attachment H CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-049 RESOLUTION APPROVING A VARIANCE AT 1945 EDGEWATER AVENUE WHEREAS, City Staff received a complete land use application for a variance to the front yard and side yard setbacks on a corner lot from the City Code for the property located at 1945 Edgewater Avenue ("Subject Property"); and WHEREAS, the Applicant is proposing to construct a garage addition on an existing nonconforming structure and is seeking flexibility with the required side yard setback for a corner lot and the required front yard setback on the Subject Property; and WHEREAS, the Subject Property is zoned R-2, Single and Two Family Residential District, which requires a side yard setback for a corner lot of 40 feet and a front yard setback of 40 feet on the Subject Property. The Applicant is proposing a side yard setback of 5.8 feet and a front yard setback of 39.2 feet; and WHEREAS, the requested variance would not encroach further into the existing nonconforming building setbacks on the Subject Property; and WHEREAS, a variance may be granted when it is in harmony with the general purposes and intent of the zoning ordinance if enforcement of a provision in the ordinance would cause the landowner practical difficulties; and WHEREAS, pursuant to Minnesota State Statute, the City must act on this request by October 20, 2023 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period; and WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 500 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that does not require a public hearing; and WHEREAS, the City's obligation has been met where the Arden Hills Planning Commission reviewed the application on September 6, 2023. All written comments submitted in advance of the meeting were presented to the Planning Commission; and Page 1 of 2 WHEREAS the Planning Commission considered the Applicant's request for a Variance and, as such voted 5-0 in favor of recommending approval with conditions. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2023-049 approving Planning Case 2023-016 for a Variance for the property located at 1945 Edgewater Avenue to construct a garage addition with a 39.2 foot front yard setback and a 5.8 foot side yard setback on the Subject Property. BE IT FURTHER RESOLVED that City Council approves Planning Case 23-016 for a Variance request at the property located at 1945 Edgewater Avenue, based on the Findings of Fact and the submitted plans in the September 25, 2023, Report to the City Council, as amended by the following conditions: 1) A Building Permit shall be issued prior to commencement of construction. 2) The building shall conform to all other standards and regulations in the City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25TH DAY OF SEPTEMBER 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. 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Following the previous meeting, it was made public that the Lake Johanna Fire Department (LJFD) received a grant for additional positions in 2024, reducing their anticipated budget for Arden Hills by $103,306; and the Sheriff's Office received additional information reducing their anticipated budget for Arden Hills by $13,567. It also reflects an increase of $40,000 to support additional positions for LJFD starting in 2027 and avoid a large levy spike in the future. While this information has been updated, additional background information can be found in the previous packet: https://www.cityofardenhills.oriz/AaendaCenter/ViewFile/Agenda/ 09112023-1162?html=true State law requires that cities certify their proposed property tax levies to the county auditor by September 30th. The proposed tax levy that is given preliminary approval may be lowered but cannot be increased. Therefore, it is important that the proposed tax levy provides adequate revenues to finance the 2024 Budget. The City Council needs to decide the maximum levy that it is willing to approve and then adopt the attached resolution. The City will hold its Truth and Taxation Hearing and set the final tax levy at the December 11, 2023 City Council meeting. A budget workshop was held with the Council on August 21, 2023. Staff was directed to provide proposed maximum levy increase options from 0% to 16% (the amount needed to balance the General Fund). There will be another budget workshop in either October or November, prior to the final levy and budget adoption meeting in December. Page 1 of 6 Discussion Wages and Benefits The 2024 preliminary budget is currently being prepared assuming a 3.0% wage adjustment for all staff. It is important for the City to remain competitive in the marketplace. There is also a 10% increase assumed for health, a 4% increase for dental and a 0.0% increase for life insurance premiums. The number of positions included in the budget is increasing as the Communications Coordinator position was updated from part time to full time and there are changes to some of the wage allocations. It should be noted, Union negotiations are ongoing and will likely have an impact on final wage and benefit amounts. Below is a table showing the recent history of approved COLA's. Year Non Union IUOE Union 2023 3.00% 3.00% 2022 3.00% 3.00% + addition of Fleet Lead 2021 2.00% 3.00% 2020 3.00% Market adjustment; minimum increase was 5.80% 2019 2.50% 2.50% 2018 2.10% 2.25% Public Safety 2024 budget information was received from Ramsey County and Lake Johanna Fire Department for public safety. POLICE The police contract is expected to rise by 9.8%, or $141,913 for 2024 (a decrease pf $13,567 from the last meeting). Information provided by Ramsey County on this increase is as follows: The major cost drivers include: • Withdrawal by City of Falcon Heights from county contract. • Labor contracts and increased costs related to employee health insurance. Increased costs related to county fees for insurance and administrative overhead/indirect costs. DISPATCH Dispatch costs will be increasing by 2.4%, or $1,650. An error was discovered in 2020 in the way report queries undercounted medical calls in previous years for cities served by Allina. This meant an increase in call counts and an increase in cost sharing for the years 2021 - 2023. The impact of this shift occurred over a three-year period (2021-2023) as the use of a three-year rolling average of call counts smooths out variability in annual call fluctuations. FIRE The fire operating costs are expected to rise by 7.9%, or $59,028 for 2024 (a decrease of $103,306 from the last meeting). Major drivers include a wage increase for the two deputy chiefs, an increase in supplies related to the 6 new positions and an increase in repairs and maintenance, all of which Arden Hills' cost share portion is 24.4%. While the grant received by the fire department will cover the cost of added staffing for three years, the city will need to plan for additional spending related to the staffing when the grant runs out at the end of 2026. In order to cover the future increase in costs and to avoid future levy spikes, staff is recommending putting additional money into the levy Page 2 of 6 to help cover future costs. For 2024 this amount is $40,000 and has been included in the levy recommendations. It can be found in the public safety capital levy. Revenues There are no significant projects included in the 2024 budget which would affect the permit revenue. The permit revenue included reflects only the estimated recurring "base" amount plus 50% of the average of major projects over the past 10 years, similar to what was included in the 2023 budget. Property Tax Levy A survey was recently routed to various cities in the metro asking about proposed levy amounts being considered. Below are the results of that survey. Vadnais Heights 16.95% New Brighton 9 - 9.8% Roseville 8.99% White Bear Township 7.77% North St. Paul 7.67% Little Canada 7.21 % Maplewood 7.00% Mounds View 6.50% Falcon Heights 5 - 7% St. Anthony 5.80% St. Paul 3.70% Spring Lake Park 3.50% Based on the 2023 County Assessor's Report, values for the different property types have changed as follows: All Residential 5.43% Single Family Residential 5.74% Apartments 159.49% Commercial 12.13% Industrial 29.85% The total Value for Local Rate for the city is projected to increase by 10.5%, from 18,337,217 to 20,259,379. Total residential values are increasing by less than the total taxable value for the City. Apartments, commercial and industrial properties are picking up a bigger share of the tax increase. Below are tables showing the impact of various levels of a city levy increase to Arden Hills' homes assuming that a home's value is increasing by 5.74%, which is the median amount. Staff s recommendation would be to set a preliminary levy of at least 12.55%, this would leave a General Fund budgeted deficit in 2024 of approximately $101,000. Historically, the City has done better than expected with the budget, and for many years has had a budgeted deficit but still comes for the better at the end of the year. If Council wanted to keep the same level of General Fund deficit as 2023 ($160,000), that would equate to an approximate 11.30% increase in the tax levy (reference the 11.0% increase table for approximate numbers). Council may want to consider a higher levy as we still have a few unknowns, such as, Union negotiations and final insurance rates. If Council goes for a levy lower than 12.55%, it should identify whether or not it wants to have the recommended $40,000 go into Public Safety Capital funding for the future fire department positions, if so, it will need to remove that $40,000 from the General Fund portion of the levy. Page 3 of 6 Set levy at $4,718,680 (an increase of $0 or 0.0% over 2023) Set levy at $5,048,990 (an increase of $330,310 or 7.0% over 2023) Set levy at $5,143,360 (an increase of $424,680 or 9.0% over 2023) Set levv at $5,237,730 (an increase of $519,050 or 11.0% over 2021 $ 180,000 $ 190,300 $ 170,200 $ 376 $ 410 $ 35 9.2% $ 270,000 $ 285,500 $ 274,000 $ 608 $ 661 $ 53 8.8 % $ 443,550 $ 469,000 $ 469,000 $ 1,048 $ 1,131 $ 83 7.9% $ 500,000 $ 528,700 $ 528,700 $ 1,182 $ 1,292 $ 111 9.4% $ 575,000 $ 608,000 $ 608,000 $ 1,403 $ 1,531 $ 128 9.1% $ 650,000 $ 687,300 $ 687,300 $ 1,625 $ 1,771 $ 146 9.0 % Page 4 of 6 Set levy at $5,310,950 (an increase of $592,270 or 12.55% over 2023) Set levy at $5,412,341 (an increase of $693,661 or 14.70% over 2023) Below is a table of possible levy amounts to choose from. CERTIFIED LEVY AMOUNT FUND 7.0% 9.0% 11.0% 12.5% 14.7% General $ 4,428,990 $ 4,523,360 $ 4,617,730 $ 4,650,950 $ 4,752,341 Economic Development 100,000 100,000 100,000 100,000 100,000 Equipment/Building Replacement 270,000 270,000 270,000 270,000 270,000 Capital Improvement (PIR) 250,000 250,000 250,000 250,000 250,000 Public Safety Capital - - - 40,000 40,000 TOTAL $ 5,048,990 $ 5,143,360 $ 5,237,730 $ 5,310,950 $ 5,412,341 The 2023 City Tax Rate is 23.6318%. The estimated 2024 City tax rate based on the most current information is calculated as follows for the different tax levy increases: 0.0% 21.555% 7.0% 23.186% 9.0% 23.651% 11.0% 24.117% 12.55% 24.478% 14.70% 24.979% Page 5 of 6 2023 tax rates for other cities in Ramsey County are as follows: 2023 Tax Rates 70 60 50 40 33.8E 31.80 30.26 30 28.16 25.49 25.86 25.86 23.63 4.05 20 10 0 _- — iv w 36.08 37.29 42.71 40.55 40.77 50.61 61.70 P`aac,2J �a�e �c9aa� oe��a��'�¢� �Ja¢`aa`a5�`zje* 0\�ceoc� e# o°�e\6Sa����r;oo Qo��Oe ��e�at� aQ\e�ooa �¢ ao\ S �aJ PcotA r4, � a ao �,o arc ao pir �p�' Sc. y� 0e 40 Budget Impact None. Attachments A. Resolution 2023-045, Setting Preliminary Levy B. Preliminary 2024 Property Tax Levy PowerPoint Presentation Page 6 of 6 Attachment A A�DEN�HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-045 A RESOLUTION SETTING THE PRELIMINARY LEVY FOR TAXES PAYABLE IN 2024 BE IT RESOLVED by the Arden Hills City Council that the following proposed sums of money be levied for levy year 2023 payable in 2024 upon taxable property in said City of Arden Hills for the following purposes: FUND General Economic Development Equipment/Building Replacement Capital Improvement (PIR) Public Safety Capital TOTAL CERTIFIED LEVY AMOUNT $ 4,650,950 100,000 270,000 250,000 40,000 $ 5,310,950 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 281h DAY OF SEPTEMBER, 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. 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