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Home My WebLink About10-09-23-RMayor: David Grant lt Councilmembers: -AEN HILLS Brenda Holden Emily Rousseau Regular City Council Tena Monson Tom Fabel Agenda October 9, 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 - Declare October 9, 2023 a Non -Holiday to Conduct City Business 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:HUS02WEB.ZOOM.US/J/81899778641 *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. September 11, 2023 Regular City Council Documents: 09-11-23-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 Dave Perrault, City Administrator Pang Silseth, Accounting Analyst Documents: MEMO PDF 8.B. Motion To Acknowledge Application Of Catholic United Financial For An Exempt Permit To Conduct A Raffle With The Drawing Being March 7, 2024 With No Waiting Period Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.C. Motion To Approve Legal Services With Campbell Knutson Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 8.D. Motion To Approve Ideal Services, Inc., Invoice For Booster Station VFD Replacements David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 8.E. Motion To Approve Service Agreement With GoodPointe Technology, LLC For Pavement Condition Data Collection David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 85. Motion To Approve Termination And Release Of Assessment Agreement For Scannell Properties #486, LLC - 4200 Round Lake Rd Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.G. Motion To Approve Estoppel Certificate On Stormwater Facilities Operation And Maintenance Agreement For Scannell Properties #486, LLC - 4200 Round Lake Rd Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF 8.H. Motion To Approve Appointment Of Public Works Maintenance Employee Dave Perrault, City Administrator Documents: MEMO.PDF 8.1. Motion To Accept Resignation Of Accounting Clerk Dave Perrault, City Administrator Documents: MEMO.PDF 8.J. Motion To Approve Recruitment Of Accounting Clerk 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 11. NEW BUSINESS 12. UNFINISHED BUSINESS 13. COUNCIL/STAFF COMMENTS ADJOURN STAFF COMMENTS — 6A ,-ARZEN HILLS MEMORANDUM DATE: October 9, 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 -fi1�DEN HILLS Approved: October 9, 2023 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 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 Jack Brooksbank; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Monson moved and Councilmember Rousseau seconded a motion to approve the meeting agenda as presented. The motion carried (5-0 . 2. TCAAP/RICE CREEK COMMONS UPDATE City Administrator Perrault stated the Energy Advisory Committee met on August 31 and further discussed guiding principles and goals, along with the need for a consultant to assist with defining goals and metrics. He explained the guiding principles and goals were presented to the JDA on September 5. He noted the Advisory Committee met on September 7 and received an update on the Outlot A (thumb) property. He reported the JDA would be receiving a full update on this property on October 2. He indicated the JDA met on September 5 and received a presentation from panelists regarding retail, housing and commercial/industrial market conditions. He explained the JDA would be meeting next on September 27 where density scenarios would be discussed with the developer. He stated the JDA's public engagement event was set for November 1. He commented on the primer tracer property noting there were now seven bidders engaged in the sale of this property. ARDEN HILLS CITY COUNCIL — SEPTEMBER 11, 2023 2 Mayor Grant commented as long as there were bidders in the auction, the sale of the primer tracer property would continue. He noted the initial bid was $110,000 and the price was now up to $800,000. He explained the auction would continue until there were no bids for a 24 hour period. Councilmember Rousseau asked if the County has set a minimum range for the density within this project. City Administrator Perrault stated Ramsey County has not set a floor for the density. He anticipated the number would be above 1,460. He reported zoning code amendments would have to happen if the number were increased above 1,460, they could go up to 1,785 to 1,790 without Met Council approval, but this would mean increased density in the Town Center. He noted the developer does not recommend increasing the density in the Town Center due to the cost of concrete. Councilmember Holden reported she was surprised by Commissioner Frethem's comment, noting the City had offered this number of units many years ago. She indicated she was surprised by the fact the JDA meeting did not include a real estate market expert. She questioned if staff would be bringing someone forward to speak to the housing market. City Administrator Perrault stated as of right now, the JDA was not planning to have any other outside experts coming in to address the JDA. He noted the next update would be from Bob Lux with Alatus to talk about his proposed development scenario and what he believes would be a good fit for the site. Councilmember Holden explained she was concerned with how the focus of the discussion was about cramming a large number of people into a small area in order to feel safe. She indicated this was not working right now in Minneapolis and St. Paul. She indicated the panelists were not market experts but rather were people invited in to provide their perspective. Councilmember Fabel asked if the 1,460 number would require an amendment to the zoning code because the building heights would be lowered in the Town Center area. City Administrator Perrault reported the developer was requesting the elimination of some of the Flex Office space in the southwest portion of the development in order to allow for more housing. He recommended the developer speak to this question further. Mayor Grant noted there is no Master Developer at this time as there is not a signed memorandum of understanding with the developer for this project. He hoped Bob Lux would sign an MOU at some point. Councilmember Monson commented she believed the experts that were brought in for the JDA worksession were really good. She understood staff had worked to find a realtor and to get the developer in attendance, but noted fantastic information was provided. She commented on how the post -pandemic world was discussed and stated she looked forward to hearing from the developer on September 27. She looked forward to a consultant coming in to assist the Energy Advisory Committee. ARDEN HILLS CITY COUNCIL — SEPTEMBER 11, 2023 3 Councilmember Rousseau questioned what the cost differences were for a four story versus an eight story building. City Administrator Perrault stated he was uncertain but could speak with the developer regarding this matter. Councilmember Holden indicated cost for cement was 20% higher than it was two years ago, but noted it was her understanding the price was starting to come down. Mayor Grant commented the developer could build 78 feet in height with lumber construction. He questioned if staff understood the County's reason for driving density up. City Administrator Perrault reported he preferred not to answer this question on behalf of the County but anticipated the answer to this was a confluence of factors that included return on investment along with equity and affordability issues. Councilmember Fabel stated the County's cost for mass grading and the spine road have gone up dramatically due to the delays and failure to compromise over the past five years. He indicated the County was now actively pursuing $25 million from the State of Minnesota and noted he would be participating in the bonding meetings with both the State Senate and Representative. Councilmember Holden explained the Council wasn't adding anything negative to this conversation but rather was asking clarifying questions. 3. PUBLIC INQUIRIES/INFORMATIONAL Linda Swanson, 1124 Ingerson Road, encouraged all in attendance to pause and remember what happened 22 years ago and to remember where the country was at that time. Ms. Swanson stated she was looking forward to receiving a written response to the questions she raised at the August 22 meeting. She noted the JDA Advisory meetings are not being properly summarized by staff. She recommended the JDA Advisory meetings be made open to the public. She believed residents had a right to know about what was happening in their town. She questioned why the City was keeping these meetings closed. She reported the update that was provided by City Administrator Perrault should be more detailed. She recommended the JDA not hold a community event until a developer is retained. She questioned when a developer will be signed. She stated at previous meetings the public has discussed the content within the Arden Hills newsletter. She recommended the City include more information regarding TCAAP within the City newsletter for transparency purposes. She believed the City could do better than directing residents to a website for information. She recommended highlights be listed within the newsletter from both the JDA Advisory and JDA meetings. Donna Weimann, 1406 Arden View Drive, reviewed the information that was included in the City newsletter for August and September, stating there was only a small note that directed the public to a website for information regarding TCAAP. She indicated the public would not be receiving any additional information regarding TCAAP until October, which she did not believe was right. She stated at the last JDA meeting the County stated they need somewhere between 15,000 and 18,000 deeply affordable housing units. She asked what this means for TCAAP and ARDEN HILLS CITY COUNCIL — SEPTEMBER 11, 2023 4 the City of Arden Hills. She questioned if an alternate should be attending the JDA meetings, if a Councilmember is unable to attend. She believed it was necessary to have full City representation at these meetings. She asked what the status was for the number of units for TCAAP. Kathy Sukke, 1286 Karth Lake Circle, stated she has lived in her home for the past 38 years. She reported at a recent worksession the Council discussed its budget shortfalls and that they were unsustainable. She believed the City's budget for 2024 looks challenging and the tax increases were necessary. She anticipated this would impact Arden Hills residents and this was even before the TCAAP project began. She indicated she disagreed with the Councilmember Monson completely. She questioned where the money would come from for the spine road. She believed the JDA should be wise and pursue real concrete numbers for this project. She recommended the JDA further consider how large big box proposals will impact the northern part of Arden Hills. She questioned why a traffic study had not been completed by the County in order to assist with better understanding how this project will impact the City. However, she asked if anyone would trust a traffic study that was completed by an entity that sued the City over density. She asked how much Ramsey County spent to sue the City. She noted Arden Hills spent twice for this lawsuit. She believed the JDA meeting last week was filled with propaganda noting the panelists were talking about a development that did not need zoning and would not have cars in 10 years. She recommended this development have transportation, especially for the low income people living on the site who hope to live and participate in the community. She indicated the no car scenario ignores the disabled, people with small children, elderly and those who care for them. She indicated the City already had dense housing that was not filled. She recommended the City not build a highly dense development because people may not come. She stated there was noting progressive about overspending or bonding residents endlessly due to the new Councilmembers inexperience with City government. 4. RESPONSE TO PUBLIC INQUIRIES A. Public Inquiry Response from August 28, 2023 Regular City Council Meeting City Administrator Perrault provided the Council with a response to public inquiries from the August 28 City Council meeting. He commented on the questions Ms. Swanson brought up at the August 28 meeting noting the density scenarios changed after a discussion was held between City staff, County staff, the developer and consultants based on a fit test. He noted the developer said 1,960 was the correct high end for this site and this recommendation was then made to the JDA Advisory Committee and would be further discussed at the September 27 JDA meeting. He explained the JDA would be coming forward with a Term Sheet by the end of the year. Councilmember Holden requested further information on how staff defined Term Sheet. City Administrator Perrault explained the Term Sheet would not be binding, but would be a validation of where the development was headed. He noted the Term Sheet would be approved by the JDA. 5. PUBLIC PRESENTATIONS None. ARDEN HILLS CITY COUNCIL — SEPTEMBER 11, 2023 5 6. STAFF COMMENTS A. Transportation Update Public Works Director/City Engineer 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 the paving at Red Fox Road was completed today and should be fully open to traffic on Tuesday, September 12. Public Works Director/City Engineer Swearingen stated the roundabout intersection at County Road E and Old Snelling was open to traffic in all directions. He this this was still an active construction site and encouraged residents to use caution when driving through the roundabout. Councilmember Holden asked when the large mounds of dirt would be removed at the roundabout intersection. Public Works Director/City Engineer Swearingen explained restoration work would continue through September and final paving would occur at the end of September. Councilmember Holden questioned if Valentine Lake Road still required people to direct traffic. Public Works Director/City Engineer Swearingen explained people were directing traffic due to the milling operation and this was now done. He stated the final wear course had to be installed on Lake Valentine Road and this would be done at the end of September or early October. Mayor Grant asked if the City would be adjusting or raising the manhole covers that have recessed. Public Works Director/City Engineer Swearingen indicated this work would be done prior to the final wear course being installed. 7. APPROVAL OF MINUTES A. August 14, 2023, Regular City Council MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to approve the August 14, 2023, Regular City Council meeting minutes as presented. The motion carried (5-0). 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion To Approve An On -Sale And Sunday Liquor License For Big Ten Supper Club, Inc. For The Period Of September 24 To December 31, 2023 C. Motion To Approve The Resignation Of Planning Commissioner Clayton Zimmerman ARDEN HILLS CITY COUNCIL — SEPTEMBER 11, 2023 6 D. Motion To Approve Payment Of League Of Minnesota Cities Membership Dues E. Motion To Approve Acknowledgment Of Twin Cities Gateway Grant Funds MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried (5-0). 9. PULLED CONSENT ITEMS None. 10. PUBLIC HEARINGS None. 11. NEW BUSINESS A. Prohibiting Smoking and Cannabis Use Withing Open Spaces • Ordinance 2023-011 Amending Chapter 7, Section 720, Subsections 720.02 — Definitions and 720.06 — General Conduct • Authorization for Publication of Summary Ordinance 2023-011 Assistant to the City Administrator/City Clerk Hanson stated at its August 21, 2023 worksession, the City Council discussed public use of THC (lower potency edibles) and Adult Use Cannabis (full strength) on City park property as well as in public spaces. The City Council directed staff to work with the City Attorney to draft ordinance language prohibiting tobacco/smoking as well as consumption of lower -potency THC/hemp edibles and full strength cannabis on City -owned property. The City Attorney has drafted language pertaining to such. Note the proposed language uses the definition for Open Space Sites, which is defined in the City Code as "any public park including the parking area and driveways appurtenant thereto, any pathway, any trail, any bathing beach or any other similar public open space area owned, leased, improved, maintained, operated or otherwise controlled by the City, or by the County of Ramsey, or by any other public agency". Should the City Council adopt this ordinance amendment, a Summary Ordinance will be published in the paper in accordance with State law. MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to adopt Ordinance 2023-011 Amending Chapter 7, Section 720, Subsections 720.02 — Definitions and 720.06 — General Conduct pertaining to smoking and cannabis use in open spaces (City -owned). The motion carried (5-0). MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to Authorize for Publication of Summary Ordinance 2023-011. The motion carried (5-0). ARDEN HILLS CITY COUNCIL — SEPTEMBER 11, 2023 7 B. Set Preliminary Levy and Establish Truth -In -Taxation Public Hearing Date for Proposed Taxes Payable in 2024 • Resolution 2023-045 — Preliminary Levy • Resolution 2023-046 — Truth In Taxation Hearing Date City Administrator Perrault stated 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. In December, the City will hold its Truth and Taxation Hearing and set the final tax levy. 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). It was noted there will be another budget workshop in either October or November, prior to the final levy and budget adoption meeting in December. City Administrator Perrault explained 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. It should be noted, Union negotiations are ongoing and will likely have an impact on final wage and benefit amounts. A tax levy history from 2014 through 2023 was reviewed with the Council. Staff commented further on the preliminary tax levy and budget for 2024 and recommended approval. Mayor Grant reported State Statute requires the Council to approve a preliminary budget and taxy levy by September 30 of each year. Councilmember Holden asked if the fire department has voted on their budget yet. City Administrator Perrault reported they have not voted on their budget. He understood they would be voting on this matter next week or the week after. Councilmember Holden stated she would have liked to have had information from the Fire Department before being asked to consider the preliminary budget and tax levy. Councilmember Rousseau questioned if the information presented by staff was the worst case scenario for the fire department. City Administrator Perrault indicated this was the case. Mayor Grant commented the numbers for the fire department may increase in 2025 because they were proposing three fire captains in 2024 and three more in 2025. Councilmember Monson stated this was the case noting the Fire Board would be discussing this matter further on whether or not six fire captains have to be added in one year. She anticipated the group would be adding three in 2024 and three in 2025. ARDEN HILLS CITY COUNCIL — SEPTEMBER 11, 2023 8 Councilmember Holden asked if there was any word on the Safer Grant. City Administrator Perrault explained the City would be hearing back on this in October. Mayor Grant stated he was uneasy about adding this many new fire captains in a short period of time. He believed the Fire Board needed to take a good hard look at this. He commented further on the ongoing expense of supporting these six fire captains. Councilmember Monson discussed how the Safer Grant would assist with covering the expense for the new fire captains. She commented on how the fire department was moving in the direction of being staffed full time. Councilmember Holden stated it was her understanding the fire board would be adding four fire captains, two in one year and two the following year. She commented on how there was a need to shift to a full-time department because people were no longer interested in volunteering. She hoped the department would be able to balance its staffing level with the number of calls they were responding to. She indicated she was worried about moving forward with the preliminary budget given the fact the Council does not have the final numbers from the Fire Board. She commented further on how the County and other taxing districts would impact Arden Hills residents. Councilmember Fabel reported the Council had extensive discussion on the proposed budget and the Council was now being told to fund this budget a 16% levy increase would be required. He recommended in order to honest and responsible, the Council should have a preliminary levy that would fund the proposed budget. He indicated the Council could then work to reduce this budget between now and December. He understood the proposed increase would still keep the City's tax rate lower than any other city in Ramsey County. Councilmember Monson stated when reviewing the budget and levy she understood public safety expenditures were driving the majority of the increase. She agreed the Council would benefit from having further information from the fire board and noted she would be fine waiting two weeks to consider the preliminary budget and tax levy. Mayor Grant requested staff speak to what other cities were proposing for their tax levies for 2024. City Administrator Perrault reviewed the proposed tax levies for the communities surrounding Arden Hills. He commented further on how property values have changed in the past year for residential and commercial properties in the community. Councilmember Fabel stated in addition to the assessed changes, State law assigns a different rate to commercial properties. Councilmember Rousseau explained she supported the City moving forward with a preliminary levy in a responsible manner. In addition, she supported the City filling vacant positions as soon as possible. She indicated the proposed levy did not take into consideration the Safer Grant. She noted she looked forward to hearing from the Fire Board if they would be pursuing three or six fire captains in 2024. ARDEN HILLS CITY COUNCIL — SEPTEMBER 11, 2023 9 Mayor Grant indicated he believed this information would be helpful as well. He asked if the Council supported setting the preliminary tax levy in two weeks and questioned if the entire Council would be in attendance at the September 25 meeting. The entire Council would be in attendance. MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to table action on Setting the Preliminary Levy for Taxes Payable in 2024 to the September 25, 2023 City Council meeting. The motion carried (5- City Administrator Perrault reported historically the Council holds the Truth in Taxation meeting at the first City Council meeting in December. He indicated the Truth in Taxation meeting for 2023 would be held on December 11, 2023. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to adopt Resolution 2023-046 Setting Truth In Taxation Hearing Date for Proposed Taxes Payable in 2024. The motion carried (5- 12. UNFINISHED BUSINESS None. 13. COUNCIL COMMENTS Councilmember Monson requested an update on Just Deeds. City Administrator Perrault explained staff has requested an update from Just Deeds. He noted he could reach out to Just Deeds again to request an update and would provide this information to the Council via email. Councilmember Monson indicated she has had residents asking her questions regarding the deer population in Arden Hills. Councilmember Monson supported the City discussing the newsletter at an upcoming worksession. Councilmember Monson clarified the County would be hiring a third party to complete the traffic study for TCAAP. Councilmember Monson stated the comment regarding no cars in TCAAP may have been taken out of context. She discussed how there would be fewer cars and drivers in the future and how people may have a shared car or limited use of a car. Councilmember Monson commented on the vacancy rates in Roseville and stated some of the higher end apartments have a higher vacancy rate than others. Councilmember Monson asked if there was any interest from the Council in having the PTRC take a look at Lindey's Park. ARDEN HILLS CITY COUNCIL — SEPTEMBER 11, 2023 10 Mayor Grant supported the PTRC coming forward with a recommendation. Councilmember Holden indicated this may require another change order for the roundabout project. Councilmember Monson asked if the Council could set a deadline for corrections to the minutes in order to have the edits out on Monday. The Council supported this recommendation as a general rule. Councilmember Fabel commented on the preliminary budget and noted he supported the Council approving a balanced budget. He believed that approving a deficit spending budget was cowardly and dishonest. Councilmember Holden reported she did not believe she should have to live by Councilmember Fabel's rules. She stated the City has always had money to spare due to cost savings and found the comment about being cowardly, insulting. Councilmember Holden discussed the expense for dispensing of racial covenants. She explained while the legal fees may be free, the fees with the County were not. Councilmember Holden thanked Planning Commissioner Clayton Zimmerman for his outstanding service on the Planning Commission for the past 20+ years. Councilmember Rousseau thanked the Personnel Committee in advance for their upcoming review and consideration for how to appreciate City volunteers. Councilmember Rousseau reported the PTRC had looked at putting a sledding hill at Hazelnut Park and she asked if this would be ready for 2023-2024. Public Works Director/City Engineer Swearingen stated staff would include trimming the sledding hill area for the winter months. Councilmember Rousseau questioned where the City was at with Triangle Park. Public Works Director/City Engineer Swearingen explained staff was investigating what type of formal Resolution would have to be passed. Mayor Grant stated the Primer Tracer property has a high bid of $810,000, which meant the auction will continue for another 24 hours. Mayor Grant commented on how the City generally comes in on budget and over revenue. He reported Arden Hills was not unique for this. He stated it was not uncommon for a City deficit budget and he encouraged the Council to not tell City staff or other cities that what they do was cowardly. Mayor Grant explained it was his understanding Just Deeds does the legal research for residents and puts language at the beginning of the deeds. However, the offensive language was not edited ARDEN HILLS CITY COUNCIL — SEPTEMBER 11, 2023 11 or removed from the deed. He thanked Councilmember Holden for bringing forward her concerns regarding the expense to address racial covenants. Mayor Grant asked if staff had spoken to Ramsey County regarding potential policing costs for TCAAP. City Administrator Perrault explained both Ramsey County and the Lake Johanna Fire Department have stated it would be difficult to provide the City with a number given the fact these services were a moving target. These organizations recommended the numbers presented to the City Council in August be considered going forward. Mayor Grant commented on how the City Council was considering shifting its worksession meetings to prior to each regular City Council meeting. He noted this was not uncommon, as other cities conduct their worksession meetings in this same manner. Mayor Grant explained he was not available to hold the State of the City on February 3. He asked if this event could be changed to Saturday, February 10. The Council supported this change. Mayor Grant thanked Commissioner Clayton Zimmerman for his dedicated service to the Planning Commission. Mayor Grant thanked Public Works Director/City Engineer Swearingen and the entire Public Works Department for their tremendous efforts on behalf of the City this summer. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 8:44 p.m. Julie Hanson City Clerk David Grant Mayor CONSENT ITEM 8A ARZEEN HILLS MEMORANDUM DATE: October 9, 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 #20 Paid Claims - 09/19/2023-09/30/2023 (Check Nos. 52113-52145 and ACH Checks) Total Payroll $105,486.92 $105,486.92 $1,255,451.55 Total Accounts Payable $1,255,451.55 Total Claims $1,360,938.47 CITY OF ARDEN HILLS PAYROLL # 20 CHECKS DATED: 09/29/23 Biweekly: 09/09/23 - 9/22/23 EMPLOYEE DEDUCTIONS AMT. CITY BENEFIT 1 7,846.09 EFT A Oasdi 5,714.36 5,714.36 EFT k Medicare 1,336.43 1,336.43 EFT 3.431.03 EFT & Premium 0.00 0.00 A/P Check* A/P Check* A/P Check* A/P Check* EFT al Premium 0.00 0.00 Health Care Reimb. 0.00 Dependent Care Reimb. 0.00 'AL FLEXIBLE SPENDING 0.001 0.00 Health Saving 0.001 0.00 'AL HEALTH SAVINGS 0.001 0.00 A 5,045.481 5,821.73 EFT A 9,503.08 447.42 EFT ral Pension Fund -Union 1,344.00 A/P Check* State Retirement Svstem 500.00 EFT ,FLAC 0.00 EFT A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* ife/Addl/Dep Life 0.00 0.00 ife/Addl non -tax 0.00 TD/STD Insurance 0.00 ERA Life Insurance 0.00 JOE 49 Dues (Union) 0.00 NUM 1 0.00 Total Employee Deductions 34,720.47 Net Payroll 0.00 Direct Deposit 57,446.51 Gross Payroll Tie -Out 92,166.98 Plus City Paid Benefit 13,319.94 TOTAL PAYROLL COST 105,486.92 FICA TIE -OUT Gross Payroll 92,166.98 Less Total FSA 0.00 Less Total H.SA 0.00 Less Voluntary Ins 0.00 Net P/R Subject to FICA 92,166.98 FICA Oasdi @ 6.20% 5,714.36 FICA Medicare @ 1.45% 1,336.43 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: 9/29/2023 3:57 PM ---ARDEN HIILLS Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0022 THOMAS MIKACEVICH 09/22/2023 091323 Mileage Reimbursement-APWA Training 35.37 Total for this ACH Check for Vendor 0022: 35.37 ACH 0192 GRAINGER INC 09/22/2023 9833951578 faceshields 137.55 Total for this ACH Check for Vendor 0192: 137.55 ACH 0327 STAPLES INC 09/22/2023 3546163435 Supplies 134.33 3546163436 Supplies 38.25 3546236439 Supplies 18.08 3546823776 Supplies 82.24 Total for this ACH Check for Vendor 0327: 272.90 ACH 0706 CERTIFIED LABORATORIES 09/22/2023 8384567 Supplies:Eyewear/Gloves 419.48 Total for this ACH Check for Vendor 0706: 419.48 ACH 3698 BOLD VENTURE YOGA LLC 09/22/2023 9192023 Yoga: June -August 666.40 Total for this ACH Check for Vendor 3698: 666.40 ACH 5593 AMERICAN LEGAL PUBLISHING COX 09/22/2023 28025 Ordinance 2023-008/2023-009 31.50 Total for this ACH Check for Vendor 5593: 31.50 ACH ADVS ADVANTAGE SIGNS & GRAPHICS INC 09/22/2023 00059306 Signs: School Days Parking 65.90 Total for this ACH Check for Vendor ADVS: 65.90 52113 0131 BEISSWENGERS DO IT BEST 09/22/2023 779096 Supplies 12.28 Total for Check Number 52113: 12.28 52114 UB*00691 JOHN BELIAN 09/22/2023 Refund Check 001626-000, 1635 Chatham Aver 44.74 Total for Check Number 52114: 44.74 52115 10244 COMCAST BUSINESS INC 09/22/2023 181708106 September Service 504.19 AP Checks by Date - Detail by Check Date (9/29/2023 3:57 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52115: 504.19 52116 0447 I.U.O.E LOCAL 49 BENEFIT FUND-INSl 09/22/2023 BP3.1023 October Insurance 8,520.00 N134.1023 October Insurance 1,602.00 Total for Check Number 52116: 10,122.00 52117 10330 KLEIN UNDERGROUND LLC 09/22/2023 56928 Hwy 96 & Round Lake 2,336.50 Total for Check Number 52117: 2,336.50 52118 5322 MBPTA - ATTN JULIE HULTMAN 09/22/2023 091923-AR 2023 Fall Workshop 100.00 091923-BP 2023 Fall Workshop 100.00 Total for Check Number 52118: 200.00 52119 1058 MIDC ENTERPRISES INC 09/22/2023 I0050764 Supplies -Perry Park 78.00 I0050769 Supplies -Perry Park 226.23 I0050788 Supplies -Perry Park 141.17 I0050798 Supplies -Perry Park 76.62 I0050803 Supplies -Perry Park 27.97 I0050812 Supplies -Perry Park 37.76 Total for Check Number 52119: 587.75 52120 10547 MILLER DUNWIDDIE 09/22/2023 28319 Booster Station Assmt-August 600.00 Total for Check Number 52120: 600.00 52121 0155 OFFICE OF MN IT SERVICES 09/22/2023 W23080571 August Phones 750.62 Total for Check Number 52121: 750.62 52122 UB*00693 DENNIS or SHARON OTT 09/22/2023 Refund Check 002373-000, 3371 Snelling Aven 31.74 Total for Check Number 52122: 31.74 52123 7038 PEARSON BROS INC 09/22/2023 5981 Street Maintenance -Fog Seal 14,725.00 Total for Check Number 52123: 14,725.00 52124 1208 PREMIUM WATERS INC 09/22/2023 610207-08-23 August Water 23.76 613317-08-23 August Water 102.12 Total for Check Number 52124: 125.88 52125 0811 RAMSEY COUNTY 09/22/2023 EMCOM-011102 Fleet Support -August 24.96 EMCOM-011138 CAD Services -August 800.84 EMCOM-011154 Dispatch Services -August 4,927.26 Total for Check Number 52125: 5,753.06 AP Checks by Date - Detail by Check Date (9/29/2023 3:57 PM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 52126 AR -SCAN SCANNELL PROPERTIES 09/22/2023 PC 20-010 (2) Escrow Refund Partial -PC 20-010; 4200 Round 1,112,387.50 Total for Check Number 52126: 1,112,387.50 52127 SRFC SRF CONSULTING GROUP INC 09/22/2023 16750.00-3 Old Hwy 10 Trail Improvements -August 7,050.96 Total for Check Number 52127: 7,050.96 52128 10354 ST. PAUL PIONEER PRESS 09/22/2023 0823572589 TIF Disclosure 45.73 0823572589 Ord 2023-005/2023-008 104.37 0823572589 Ord 2023-005/2023-008/2023-010 191.59 0823572589 PC 23-016; 1945 Edgewater 47.53 0823572589 TIF Disclosure 45.74 0823572589 TIF Disclosure 45.73 0823572589 2024 PMP NPH 133.28 Total for Check Number 52128: 613.97 52129 UB*00692 KENNETH ZIMMERMAN 09/22/2023 Refund Check 001614-000, 1648 Lake View Ce 175.00 Total for Check Number 52129: 175.00 Total for 9/22/2023: 1,157,650.29 ACH 0192 GRAINGER INC 09/29/2023 9845262329 parts 62.20 9848217932 parts: fuel filter 69.64 Total for this ACH Check for Vendor 0192: 131.84 ACH 0327 STAPLES INC 09/29/2023 3547205707 Supplies 38.38 Total for this ACH Check for Vendor 0327: 38.38 ACH 0339 FERGUSON WATERWORKS #2518 09/29/2023 0520387 supplies 162.14 Total for this ACH Check for Vendor 0339: 162.14 ACH 0382 MISSIONSQUARE #106944 09/29/2023 PR 23-20 PR Batch 00300.09.2023 ICMA Employer Perce PR Batch 00300.09.2023 ICN 447.42 PR 23-20 PR Batch 00300.09.2023 ICMA Employee Perce PR Batch 00300.09.2023 ICN 387.76 Total for this ACH Check for Vendor 0382: 835.18 ACH 0387 MISSIONSQUARE #302482 09/29/2023 PR 23-20 PR Batch 00300.09.2023 ICMA Employee Dedu PR Batch 00300.09.2023 ICN 8,893.00 PR 23-20 PR Batch 00300.09.2023 ICMA Employee Perce PR Batch 00300.09.2023 ICN 222.32 Total for this ACH Check for Vendor 0387: 9,115.32 ACH 0750 VERIZON WIRELESS 09/29/2023 9944122993 Service 9/11-10/10 1,113.23 Total for this ACH Check for Vendor 0750: 1,113.23 AP Checks by Date - Detail by Check Date (9/29/2023 3:57 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 10363 MINUTE MAKER SECRETARIAL 09/29/2023 M1751 September JDA Meeting Minutes 272.25 M1751 September CC Meeting Minutes 243.13 M1751 September PC Meeting Minutes 159.00 Total for this ACH Check for Vendor 10363: 674.38 ACH 10551 EPTURA INC 09/29/2023 2020-19029 2022 Fleet Management Software 2,019.60 Total for this ACH Check for Vendor 10551: 2,019.60 ACH 1252 CAMPBELL KNUTSON - ATTORNEYS) 09/29/2023 3231G-0823 August Legal 294.50 3231G-0823 August Legal 2,274.48 3231G-0823 August Legal 93.00 Total for this ACH Check for Vendor 1252: 2,661.98 ACH 1363 WATER CONSERVATION SERVICES INI 09/29/2023 13481 1271 Tiller and Dunlap 437.39 Total for this ACH Check for Vendor 1363: 437.39 ACH 6060 BATTERIES PLUS 09/29/2023 P66012422 Battery 123.95 Total for this ACH Check for Vendor 6060: 123.95 ACH 7804 MARTIN MARIETTA MATERIALS INC 09/29/2023 40492293 Asphalt purchase 9/22/23 223.72 Total for this ACH Check for Vendor 7804: 223.72 ACH ALPI ALLEGRA PRINT & IMAGING INC 09/29/2023 092923 October Newsletter Postage 945.63 Total for this ACH Check for Vendor ALPI: 945.63 52130 0131 BEISSWENGERS DO IT BEST 09/29/2023 782782 Supplies 22.48 Total for Check Number 52130: 22.48 52131 1033 COMCAST 09/29/2023 44271.1023 Service 9/21-10/20 6.51 Total for Check Number 52131: 6.51 52132 10511 CUSTOM TRUCK ONE SOURCE 09/29/2023 2023002155846 LED Strobe 294.00 Total for Check Number 52132: 294.00 52133 0841 EHLERS & ASSOCIATES INC. 09/29/2023 1061 Franchise Fee Analysis -August 1,336.25 1061 Franchise Fee Analysis -August 490.00 1062 TCAAP-August 9,825.00 Total for Check Number 52133: 11,651.25 52134 1193 FURTHER INC 09/29/2023 16630258 Participation Fee -September 63.75 AP Checks by Date - Detail by Check Date (9/29/2023 3:57 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52134: 63.75 52135 10460 LANO EQUIPMENT INC 09/29/2023 01-1013918 Side Dump Bucket Rental-2023 PW Paving Proj 1,050.00 02-1020659 2023 Bobcat Toolcat 36,914.00 Total for Check Number 52135: 37,964.00 52136 UB*00695 CAROL or JONATHAN LOOPSTRA 09/29/2023 Refund Check 011082-000, 1993 CountyRoad ] 150.00 Total for Check Number 52136: 150.00 52137 MISC1 MANNY'S PAINTING 09/29/2023 2023-01023 Refund: Hydrant Meter 2,000.00 2023-01023 Refund: Hydrant Meter -1.07 Total for Check Number 52137: 1,998.93 52138 10486 MINNESOTA METRO NORTH TOURISI\ 09/29/2023 092723 Quality Inn August Lodging Tax 4,321.55 092723 SpringHill Suites August Lodging Tax 11,244.75 Total for Check Number 52138: 15,566.30 52139 0600 NCPERS GROUP LIFE INS 09/29/2023 315800102023 October Insurance 64.00 Total for Check Number 52139: 64.00 52140 6748 RELIANCE STANDARD 09/29/2023 GL154938.1023 October Insurance 1,574.18 Total for Check Number 52140: 1,574.18 52141 0335 SCHERER BROS LUMBER CO 09/29/2023 704514 Boy Scout Project -Arden Manor/Floral 704.00 708779 Boy Scout Project -Floral Park 96.42 Total for Check Number 52141: 800.42 52142 UB*00694 FRANK SCHUNA 09/29/2023 Refund Check 000824-000, 1503 Briarknoll Dri 19.32 Total for Check Number 52142: 19.32 52143 6659 STANDARD SPRING PARTS 09/29/2023 401213 Repair Parts #85123 2,039.54 Total for Check Number 52143: 2,039.54 52144 0674 TITAN MACHINERY INC 09/29/2023 18849270 GP Parts Case Backhoe #85204 3,035.07 Total for Check Number 52144: 3,035.07 52145 3099 TRI STATE BOBCAT INC-LITTLE CANT 09/29/2023 A26396 Harness Beacon 81.06 Total for Check Number 52145: 81.06 AP Checks by Date - Detail by Check Date (9/29/2023 3:57 PM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH ACH001 FRIDJ92023 FRIDJ92023 FRIDJ92023 FRIDJ92023 FRIDJ92023 FRIDJ92023 HANSJ92023 JAGOJ92023 JAGOJ92023 JOHNM92023 JOHNM92023 JOHNM92023 MIKAT92023 MIKAT92023 MIKAT92023 MOONJ92023 PERRD92023 PERRD92023 PERRD92023 REBATE92023 SEIFM92023 SEIFM92023 SEIFM92023 ACH ACH002 223137 ACH ACH005 72023 72023 72023 72023 Total for 9/29/2023: 93,813.55 US BANK 09/30/2023 SQ *MN FALL MAINTENANCE EXPO- 90.00 AMZN MKTP US*TO8037IT0-Clamp Kit 76.10 EXTRACTIGATOR PRODUCTS -Buckthorn To 179.38 DUNCANS CLOTHING -Clothing Allowance 306.05 AMZN MKTP US*TR5TY8401-Desk-Jenn 168.29 SQ *MN FALL MAINTENANCE EXPO- 120.00 DAVANNIS #10 ARDEN HILL -CC Worksessio: 114.23 URBAN LAND INSTITUTE -Membership 264.00 AMERICAN PLANNING ASSOC-Membership 584.00 SAMS CLUB#6309-Dog Supplies 33.25 OFFICE DEPOT #375-Ballot Box 48.31 TARGET 00006197-Supplies 9.64 APPLE.COM-Icloud 0.99 MENARDS BLAINE MN -Tail Light 64.22 NTE 5404-Fuel Treatment 59.98 CARHARTT-Clothing 321.20 MN RECREATION & PARK ASSOC-Playgrom 630.00 MNGFOA-Govt Accting-KA 20.00 MN RECREATION & PARK ASSOC-Playgroui 630.00 US BANK REBATE -359.90 MENARDS BLAINE MN -lumber 408.44 FACTORY MOTOR PARTS - 3.03 CARHARTT RETAIL LLC-Clothing 99.98 Total for this ACH Check for Vendor ACH001: 3,871.19 AFLAC 09/30/2023 Insurance Premiums- September 2023 45.52 Total for this ACH Check for Vendor ACH002: 45.52 NNESOTA REVENUE -SALES & USE 09/30/2023 August Sales/Use Tax -0.18 August Sales/Use Tax -0.06 August Sales/Use Tax 70.06 August Sales/Use Tax 1.18 Total for this ACH Check for Vendor ACH005: 71.00 Total for 9/30/2023: 3,987.71 Report Total (56 checks): 1,255,451.55 AP Checks by Date - Detail by Check Date (9/29/2023 3:57 PM) Page 6 CONSENT ITEM — 8B ,-ARZEN HILLS MEMORANDUM DATE: October 9, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Acknowledgment for Catholic United Financial to Hold a Raffle Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motions to approve, table, or deny the following: • Acknowledging the LG220 Application from Catholic United Financial for a raffle to be held next March with no waiting period. Background/Discussion The City received a request from Catholic United Financial for authorization to hold a raffle to benefit Catholic education in Minnesota, North Dakota and South Dakota. According to Minnesota's Lawful Gambling regulations, they are required to obtain acknowledgment from the City they are located in. This does not require a permit or license from the City as it is not a premise permit. As part of the requirement of LG220 Application for Exempt Permit, the City must formally acknowledge the application with no waiting period, with a 30 day waiting period, or deny the application. The date of the drawing for this raffle is March 7, 2024. Catholic United Financial holds this raffle every spring. Staff recommends the City Council approve a motion acknowledging the application of Catholic United Financial for an Exempt Permit to conduct a raffle with a drawing date of March 7, 2024, with no waiting period. Attachments Attachment A: LG220 permit application Attachment B: Statement of Nonprofit Status Page 1 of 1 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit Attachment A 4/23 Page 1 of 3 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the • awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: Catholic United Financial - St. Jude of the Lake Council Permit Number: X-93077 Minnesota Tax ID Federal Employer ID Number, if any: 4487032 Number (FEIN), if any: 41-0182070 Mailing Address: c/o Catholic United Financial, 3499 Lexington Ave. N. City: Arden Hills State: MN Zip: 55126 County: Ramsey Name of Chief Executive Officer (CEO): Boni Westberg CEO Daytime Phone: (612) 418-6206 CEO Email: bonjim@hotmail.com (permit will be emailed to this email address unless otherwise indicated below) Email permit to (if other than the CEO): Paul Lindemann, Compliance Manager (plindemann@catholicunited.org) NONPROFIT STATUS Type of Nonprofit Organization (check one): 0 Fraternal = Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) ❑ A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑ IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Catholic United Financial - Home Office Physical Address (do not use P.O. box): 3499 Lexington Ave. N. Check one: FT]City: Arden Hills Zip: 55126 County: Ramsey _ Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): March 7, 2024 Check each type of gambling activity that your organization will conduct: Bingo Paddlewheels Pull -Tabs =Tipboards F71Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. LG220 Application for Exempt Permit 4/23 Page 2 of 3 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting ❑The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. ❑The application is denied. ❑The application is denied. Print City Name: Arden Hills, MN Print County Name: Signature of City Personnel: Signature of County Personnel: Title: Date: Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization The city or county must sign before is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) submitting application to the Gambling Control Board. Print Township Name: Signature of Township Officer: -- Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 day of the ev nt date. Chief Executive Officer's Signature: Date: 9/7/2023 (Signature must be CEO's signature; designee may of sign) Print Name: Boni Westberg REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General; on this form (and any attachments) will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to by the Board. All other information provided will Management & Budget, and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private, with the to the information; individuals and agencies for information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested, the Board will be able to process the access to the information; Minnesota's Depart - This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer 4UNIRS Department Of the Treasury Internal Revenue Service OGDEN, UT 84201 )00005 CATHOLIC UNITED FINANCIAL Attachment B Page 1 of 1 LTR 11690 E 3499 LEXINGTON AVE N SAINT PAUL, MN 55126-7055996 Taxpayer Identification Number: 41-0182070 GEN Number: 0263 Narne of Organization: CATHOLIC UNITED FINANCIAL Tax Period Ending: DEC. 31, 2011 Form: sGRI Dear Taxpayer: AUG. 15, 2011 41-0182070 Thank you for sending the annual supplemental information about your subordinate organizations as required by Revenue Procedure 80-27 to keep the tax exempt status for your group. We have made the requested changes to your exemption roster. No futher information is needed. If you have any questions, please write to us at the address shown at the top of the this letter. Or, you may call us at(8ol ) 620-6019 . If this number is outside your local calling area, there will be a long-distance charge to you. Whenever you write, please include this letter and; in the spaces below, give us your telephone number with the hours we can reach you. Also, you may want to keep a copy of this letter for your records. Telephone Number { Hours We apologize for any inconvenience we have caused you, and thank you for your cooperation. Sincerely yours, Exempt Organizations Entity Department Enclosures ,-iIZEN HILLS MEMORANDUM DATE: October 9, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Agreement for Legal Services with Campbell Knutson Budgeted Amount: Actual Amount: N/A Council Should Consider N/A Motions to approve, table, or deny the following: CONSENT ITEM — 8C Funding Source: N/A • Agreement for Legal Services Between the City of Arden Hills and Campbell Knutson Discussion The City of Arden Hills recently requested proposals for legal services, both civil and criminal. The City received only one proposal for criminal services from its current attorney, Kelly and Lemmons. The City did previously move forward with that proposal. For civil services, the City received three proposals, interviewed two firms and ultimately decided on Campbell Knutson, its current provider of civil services. The contract to continue services with Campbell Knutson is attached and would be effective January 1, 2024. As Campbell Knutson is the current attorney, we do expect to see Amy Schmidt, the proposed lead attorney beginning 2024, to be more involved before January to ensure a smooth transition from our current lead attorney to Ms. Schmidt. Budget Impact The budget impact will depend on the number of hours billed to the City, but we did see their rate increase from $155 per hour to $180 per hour. Attachment Attachment A: Agreement for Civil Legal Services Page 1 of 1 Attachment A AGREEMENT FOR CIVIL LEGAL SERVICES BETWEEN THE CITY OF ARDEN HILLS AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective , 2023, is by and between the CITY OF ARDEN HILLS, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney") NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1\ 1. SERVICES AND RELATIONSHIP" A. The Attorney shall furnish and perform general civil municipal legal services for the City. Primary attorneys will be Amy K. L. Schmidt and Cole A. Birkeland, but other attorneys will be assigned as necessary to provide services to the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause, at any time, by the City Council. B. The Attorney may terminate this Agreement at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. General Civil Municipal: 2024 Attorneys $180.00/hour Legal Assistants/Law Clerks $ 95.00/hour B. Pass -through Legal Services: The customary hourly rate of the particular attorney doing the work, ranging from $200.00 to $400.00 per hour, for legal services that are to be passed through to third parties. C. Litigation, Arbitration, and Appellate Matters (excluding code enforcement): Attorneys $210.00/hour Legal Assistants/Law Clerks $ 115.00/hour D. Meetings: Attendance at any meeting, including the City Council and Planning Commission meetings, will be billed portal to portal at the general civil municipal rate. E. Costs: Out-of-pocket costs without mark-up. Costs include: • Photocopies: $.20/page ` • Color copies: $.40/page • Lexis Nexis research: actual cost • Postage over $.50: actual cost • Mileage: IRS rate, currently $0.65/mile All other filing, recording, or miscellaneous litigation costs would be billed to the City at their actual costs. F. Annual Adiustments: Hourly rates for all services performed by Campbell Knutson will be adjusted annually in an amount equivalent to the cost of living adjustment given to non -union employees, except pass -through rates that are adjusted by the Attorney, at the Attorney's discretion, but no more than annually each year. G. Payments for legal services provided the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. of Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Arden Hills City Council. C. Effective Date. This Agreement shall become effective as of , 2024, and upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Arden Hills City Council. Dated: , 2024. 14�4 CITY OF ARDEN HILLS A Minnesota Municipal Corporation Dated: By: David Grant, Its Mayor :II Jolene Trauba, Its Deputy Clerk CAMPBELL KNUTSON Professional Association Andrea McDowell Poehler, Attorney CONSENT ITEM — 8D ,-ARZEN HILLS MEMORANDUM DATE: October 9, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer Jeff Frid, Public Works Superintendent SUBJECT: Booster Station Variable Frequency Drive (VFD) Replacement Budgeted Amount: Actual Amount: Funding Source: $0 $14,918 Water Utility Fund Council Should Consider Motions to approve, table, or deny the following: • Invoice from Ideal Services, Inc. in the amount of $14,918 for replacement of the two Variable Frequency Drives (VFD) of the booster station. Background/Discussion On July 6, 2023 Public Works Staff was called in for a pump fail alarm at the Booster Station (1230 Red Fox Rd). At that time the VFD (variable frequency drive) for pump 1 was diagnosed as non -repairable and was the primary problem of the alarm. The booster station has 2 pumps that are responsible for pumping water from the south tower to the north tower. The north pressure zone supplies water to all properties north of I-694. The primary purpose of a VFD is to run the pumps electric motor at variable RPM's to meet demand. After consulting with Ideal Services, it was determined that the both VFD's at the booster station were obsolete and not supported for parts to rebuild or programing. Ideal Services recommended the replacement VFD that fit our application, and staff determined that replacing both obsolete VFD's was best for our system. Ideal Services took the lead in sourcing, installing, and setting our pumping parameters into the new VFD's. The new parts were installed on July 7, 2023 (for pump 1) and July 19, 2023 (for pump 2). The old VFD's were 20+ years old and have been rebuilt approx. 3 times during that time. The replacement VFD's are rated for a 15 to 20-year life depending on usage. Page 1 of 2 Budget Impact The total project cost was invoiced on September 21, 2023 for $14,918.00 (Attachment A). This work exceeds the amount remaining in the 2023 budget for water department improvements; however, this repair is essential to supply water service to residents and needed to be completed. This amount is small enough where it should not have an impact on future rates, but will be considered during future rate settings to cover any potential shortfalls. Attachments Attachment A: Ideal Services, Inc. invoice Page 2 of 2 Ideal Service, Inc. P.Q. Box 244 Alexandria, MN 56308 Bill To City of Arden Hills 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Attachment A Invoice Date Invoice 4 9121 /2023 12517 Ship To City of Arden Hills 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Rep P.O. No. Terms Ship Via 131 Thomas/Joe Net 30 On -Site Description Qty Rate Amount ABB ACH580, 60HP, 48OV, 77A, Bluetooth 2 6,287,00 12,574.00T ABB 580 Series Remote Keypad Kit 2 367.00 734.00T Field Service Labor on 7/7123 4.5 130.00 585.00 Field Service Travel on 7l7/23 - Drive Pick -Up 2.75 120.00 330.00 Field Service Travel on 7/7123 1 120.00 120.00 Field Service Labor on 7/19/23 3.5 130.00 455.00 Field Service Travel on 7/19/23 1 120.00 120.00 Replaced the VFDs on Booster Pumps #1 and #2 at 1230 Red Fox Road on 7/7/23 6kol (e-G "d _j Ile Subtotal $14,918.00 Phone # Fax # Sales Tax (0.0%) $0 00 866-583-4836 763-322-8813 Total $14,918.00 beliquent accounts may be charged a finance charge at rate of 1.5% per month. Due Date 10/2112023 CONSENT ITEM — 8E ,-i DEN HILLS MEMORANDUM DATE: October 9, 2023 TO: Honorable Mayor and City Councilmembers David Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Professional Services for Pavement Condition Data Collection Budgeted Amount: Actual Amount: Funding Source: $20,000 $12,000 Street Maintenance (PIR) Council Should Consider Motions to approve, table, or deny the following: • Professional services with GoodPointe Technology, LLC for gathering pavement condition data in the amount not -to -exceed $12,000. Background/Discussion At the September 18, 2023 work session, City Council discussed moving forward with collecting pavement condition data on City streets in 2024 via automated survey equipment. At the work session, the item was presented with a quote submitted by Infrastructure Management Services (IMS) which was the contractor that the City used for these services in 2021. Since that meeting, City staff was informed by GoodPointe Technology, LLC that they now provide these automated survey services. GoodPointe Technology is the company that owns the pavement management software ICON which the City uses to store and analyze pavement related data. Staff requested a proposal from GoodPointe Technology which is provided as Appendix A. City staff reviewed the proposal and verified that the process is similar to the services provided in 2021. The added benefit with using GoodPointe Technology is they will enter the data directly into the ICON software, where before, City staff had manually entered the data for each street. The overall contract cost with GoodPointe is $8,000 less than the proposal from IMS as presented at the work session. City staff recommends approving the professional services with GoodPointe Technology, LLC in the amount not -to -exceed $12,000. The proposed timeline for this work is to collect data Spring 2024 and receive the final data by Mid -Summer 2024. Page 1 of 2 Budget Impact The proposed 2024 operating budget for Public Works street maintenance has $20,000 allocated for the automated survey and was determined by past practice for this process. The proposal from GoodPointe Technology is under the budgeted amount by $8,000. Attachments Attachment A: Professional Services Agreement with GoodPointe Technology, LLC Page 2 of 2 Attachment A GoodPointe Technology, LLC Digital Imaging Project for the City of Arden Hills, Minnesota SERVICE AGREEMENT THIS AGREEMENT, dated the 2911 of September, 2023, which shall be interpreted pursuant to the laws of the State of Minnesota, is between GoodPointe Technology, LLC (hereinafter GOODPOINTE), and Arden Hills, Minnesota. (Hereinafter CLIENT) WHEREAS, GOODPOINTE can provide GPSVisionTM terrestrial mobile mapping data collection services to CLIENT as set forth in Appendix A herewith and WHEREAS, CLIENT desires to utilize the GPSVisionTM terrestrial mobile mapping data collection services set forth herein. NOW, THEREFORE, it is agreed: 1. PERFORMANCE OF SERVICES GOODPOINTE shall perform the GPSVisionTM terrestrial mobile mapping data collection and processing services for the project (routes) described in Appendix A and in any subsequent work orders, purchase orders or letters to proceed as may be added from time to time and attached hereto. Each statement so appended to this Agreement shall specify the scope of services to be performed by GOODPOINTE. Unless otherwise agreed to by the parties, said services shall include: a) Providing the necessary manpower to assure successful completion of the project, b) Proceeding to the designated geographic project area, c) Driving of the designated project roadways to collect automated geo-referenced ASTM PCI pavement condition data GPSVisionTM mobile mapping system, d) Checking the quality of the data so collected to assure usability for the successful completion of the project, e) Processing of the data according to project specifications, including the exporting of designated features and the production of maps, if/as indicated in the specifications and f) Delivery of the processed data to the manager of the particular project. 2. TERM OF AGREEMENT a) This agreement will commence upon the date of execution and expire upon completion of all terms of this agreement by both parties, or upon 30 days written notice by either party. 3. SCHEDULE OF SERVICES Accordingly, CLIENT authorizes GOODPOINTE over the term of this agreement to collect GPSVisionTm data along the route(s) detailed in Appendix A hereof and to provide base maps of the same routes of those routes described, if/as applicable. CLIENT shall become the owner of the data so provided. 4. CONSIDERATION AND TERMS OF PAYMENT a) Consideration: CLIENT agrees to pay GOODPOINTE the amounts specified in Appendix A for the provision of Services specified herein. Upon written agreement by both parties, this provision may be altered to reflect other circumstances as may occur from time to time. Such amendment(s) shall be attached to and become part of this Agreement. Additionally, CLIENT agrees to pay GOODPOINTE mobilization/demobilization fees specified in Appendix A prior to beginning of project(s) as startup cost. b) Terms of Payment: Progress invoices will be rendered to the designated CLIENT project manager. Each invoice will detail the work performed, reference the CLIENT project number and state the terms of net 30 days. The amounts invoiced will reflect the agreed upon fees as referenced in Appendix A or any applicable amendment as allowed herein. Any other reimbursement for expenses shall be invoiced as directed and pre -approved by CLIENT. All invoicing and payments will be made in U. S. dollars. 5. ACCEPTANCE Service(s) will be deemed accepted upon delivery unless GOODPOINTE is notified of any discrepancy in writing within 15 business days of delivery. In the event of such notification, GOODPOINTE will make prompt efforts to cure and redeliver the data. Non -acceptance of any single item shall not deter acceptance of other data supplied. 5.1 Conditions for acceptance: a) All miles have been imaged and delivered and 99% of images can be used to measure and perform feature extraction 5.2 Remedy: Any discrepancy will be investigated and corrected by GOODPOINTE, in instance(s) of GOODPOINTE error, at no cost to CLIENT. Discrepancies demonstrated to have occurred through no fault of GOODPOINTE might be subject to additional negotiation for correction. 6. CANCELLATION a) This agreement may be terminated by either party at any time upon mutual agreement of the parties. b) In the event the Prime Award is suspended, terminated or funding thereunder ceases, CLIENT may, at its option, immediately suspend or terminate, in whole or in part, this Agreement by sending written notice of such suspension or termination to GOODPOINTE. c) Upon receipt of such notice of termination or suspension pursuant to paragraph B of this article, GOODPOINTE shall make no further commitments under the Agreement and shall take all reasonable actions to cancel outstanding obligations. All costs, not exceeding the total set forth in this agreement, associated with the termination or suspension, including facilities and administrative costs and costs incurred prior to the effective termination or suspension date, which have not been reimbursed to GOODPOINTE, shall be allowable and therefore paid to GOODPOINTE. In the event of termination, GOODPOINTE shall submit, within thirty (30) days after the effective termination date, a final report of all costs incurred, and all funds received. Upon payment of such costs GOODPOINTE shall deliver to CLIENT, and CLIENT shall become owner of all information and items which have been completed or partially completed at such termination date, in accordance with the requirements of the agreement including, but not limited to, partially completed plans, drawings, data, documents, surveys, maps, reports and models. 7. CONFIDENTIALITY Both parties to this Service Agreement agree to regard and preserve as confidential all proprietary information that may be exchanged in the course of any service pursuant to this Agreement. Neither party, without the express written authority of the other party or as required by court order, may use for his benefit or purposes, directly or indirectly, nor disclose to others, either during the term of this Agreement or thereafter, except as required by the conditions of this Agreement, any proprietary information connected with the business or developments of the other party. 8. LIABILITY & WARRANTY a) In no event shall either Party be liable for any indirect, special, consequential or incidental damages of the other party or any third party even if parties have been advised of the possibility of such damages, including but not limited to, lost profits, lost revenues or failure to realize expected benefits of the project(s). b) An Acord form 25-S, Certificate of Liability Insurance listing all coverages held by GoodPointe Technology, LLC., will be provided prior to the start of the project(s) and delivered to the designated CLIENT official. c) GOODPOINTE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GOODPOINTE IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF DATA MANIPULATED IN ICON OR THROUGH OTHER PROGRAM PLATFORMS BY ANY OTHER AGENCY. It is understood that the services provided hereunder are supplied as information data only, and GOODPOINTE has no further obligation, nor makes any warranty for its use in engineering or other professional endeavors. 9. GOVERNMENTAL REGULATION Nothing contained in this Service Agreement shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision of this Service Agreement and any statute, law, ordinance, order or regulation, the latter shall prevail, but in such event any such provision of this Service Agreement shall be curtailed and limited only to the extent necessary to bring it within the legal requirements. 10. ASSIGNMENT This Service Agreement may not be assigned by either party without the express written consent of the other party, except that either party may assign its rights under this Agreement to the purchaser of substantially all of its assets or pursuant to a merger, subject to notice having been provided by that party. 11. SEVERABILITY Whenever possible, each provision of this Service Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision or the validity of any provision, and this Agreement will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein. 12. FORCE MAJEURE Notwithstanding anything herein to the contrary, neither party hereto shall be deemed in default with respect to the performance of any of the terms, covenants and conditions of this Agreement, if the same shall be due to any strike, lock -out, civil commotion, invasion, rebellion, hostilities, sabotage, governmental regulations or controls, or Acts of God. 13. INUREMENT This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective permitted assign. 14. ENTIRE AGREEMENT This document and the Appendices hereto constitute the entire contract between GOODPOINTE and CLIENT in relation to the Services and may be amended only by written agreement between the parties. No provision of this contract shall be construed as modifying the provisions of any other agreement between GOODPOINTE and CLIENT. 15. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the state of Minnesota and the laws of the United States of America where applicable. 16. NOTICES 4 Any notices required or permitted to be sent under this Agreement shall be sent by registered mail or courier. Notice sent shall be deemed effective on the fifth day following sending, except in the case of a mail or courier strike or disruption. Any notices shall be sent to the respective party at the addresses below: If to GOODPOINTE: Good Pointe Technology, LLC 287 E. 61h Street, Suite 200 St. Paul, MN 55101 Attention: Anthony J. Kadlec, President If to CLIENT: City of Arden Hills 1245 W Highway 96 Arden Hills, MN 55112 Attention: David Swearingen, P.E., Public Works Director / City Engineer IN WITNESS WHEREOF, the parties who warrant their authority to execute this agreement, have caused this agreement to be duly executed as of this day and year, September 29, 2023. GOODPOINTE TECHNOLOGY, LLC City of Arden Hills, Minnesota r By: 4�r- By: Anthony J. Kadlec, President Its: GOODPOINTE TECHNOLOGY, LLC. COST PROPOSAL 1. Automated ASTM PCI Pavement Condition Survey CLIENT to submit WGS84 ESRI shapefiles indicating a) DRIVE map of selected routes to be evaluated in this project by GOODPOINTE with indicated unique MAPID that links to CLIENT pavement inventory, and b) NO DRIVE reference map, indicating any/all other roadways in the locality of the project NOT to be evaluated. Deliverables: ✓ Calculated ASTM PCI per each unique MAPID in the above -referenced DRIVE map; ✓ Import of data into the City's ICON Pavement Management Program; ✓ PCI Survey Results MS Excel spreadsheet. The cost per imaged mile and mobilization/demobilization herein agreed to for this project only and are not to be deemed standard pricing by GOODPOINTE. Cost: 30 centerline miles at $400.00 per imaged mile; actual billing will be based on actual mileage driven as requested should the decision to include additional miles be rendered. Total Not -to -Exceed Cost: $12,000. There will be no charge for mobilization/demobilization. Proposed Schedule: Collect Data: Spring, 2024. Deliver Data: Mid -summer 2024, CONSENT ITEM — 8F -t1 DEN HILLS MEMORANDUM DATE: October 9, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Scannell Properties #486, LLC — Termination and Release of Assessment Agreement Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Termination and Release of Assessment Agreement for Scannell Properties #486, LLC at 4200 Round Lake Road (Attachment A). Background On October 14, 2014, the City executed an Assessment Agreement with CMK Arden Holdings to defer an assessment associated with improvements of Round Lake Road for the real property located at Lot 1, Block 1, Traverse Business Center, also referred to as PID's 21.30.23.34.0009 and 21.30.23.31.0032 (Attachment B). This property was replatted in 2020 to Gateway Interstate as part of the Final Planned Unit Development for Scannell Properties #486, LLC. The assessment agreement specified the terms of the defer payment until January 1, 2025, or until a building permit is issued, or a development agreement is executed between the Owner and the City for development of the Subject Property. City staff verified that the assessment payment was received prior to construction of the Gateway Interstate building. Based on the pending acquisition of the Subject Property, Scannell Properties #486, LLC is requesting to be released from the Agreement. The City Attorney has reviewed the Termination and Release of Assessment Agreement and has no additional comments or recommended changes. Page 1 of 2 Options and Motion Language Staff has provided the following motion language for this request. 1. Approval: Motion to approve the Termination and Release of Assessment Agreement for Scannell Properties #486, LLC at 4200 Round Lake Road. 2. Denial: Motion to deny the Termination and Release of Assessment Agreement for Scannell Properties #486, LLC at 4200 Round Lake Road: the City Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 3. Table: Motion to table the Termination and Release of Assessment Agreement for Scannell Properties #486, LLC at 4200 Round Lake Road. Budget Impact NA Attachments A. Termination and Release of Assessment Agreement B. Document No. A04527596 Page 2 of 2 Attachment A COVERSHEET This cover sheet is now a permanent part of the recorded document. TERMINATION AND RELEASE OF ASSESSMENT AGREEMENT (Parcels 21.30.23.34.0009 and 21.30.23.31.0032) This Termination and Release of Assessment Agreement ("Release") is made and entered into to be effective as of day of , 2023 ("Effective Date") by SCANNELL PROPERTIES #486, LLC, an Indiana limited liability company ("Scannell") and CITY OF ARDEN HILLS, MINNESOTA (the "City"). RECITALS: A. Scannell is the successor -in -interest to CMK Arden Holdings, a Minnesota limited partnership, Owner under that certain Assessment Agreement dated October 2, 2014 and recorded October 13, 2014 as Document No. A04527596 in the Office of the Recorder of Ramsey County, Minnesota (the "Agreement"), pursuant to which Declarant subjected the property (the "PropertX") to certain restrictions that inure to the benefit of the owners of the Property and the City. B. The parties have agreed to terminate the Agreement as of the Effective Date and desire to release the Agreement as a matter of public record, on the terms and conditions more particularly set forth below. AGREEMENT: 1. Release of Agreement. As the terms and provisions of the Agreement have been met by Scannell, the parties hereby release and terminate the Agreement. 2. Entire Agreement; Counterparts. This Release is intended to provide recorded notice of the termination of the Agreement. This Release may be executed in any number of counterparts, each of which shall constitute an original and all of which shall constitute but one and the same document. [Signature Pages Follow] IN WITNESS WHEREOF, the parties have executed this Termination and Release of Agreement of Covenants and Restrictions as of the Effective Date. CITY OF ARDEN HILLS By: Printed: Title: AND By: Printed: Title: STATE OF MINNESOTA ) SS: COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2023, by and , respectively, the and of the City of Arden Hills, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. My Commission No./Expiration Notary Public My County of Residence: Printed SCANNELL: SCANNELL PROPERTIES #486, LLC, an Indiana limited liability company Marc Pfleging, Manager STATE OF INDIANA ) ) SS: COUNTY OF MARION ) Before me, a Notary Public in and for said County and State, personally appeared Marc Pfleging, Manager of Scannell Properties #486, LLC, an Indiana limited liability company, who acknowledged execution of the foregoing Termination and Release of Assessment Agreement as such Manager for and on behalf of such entity. Witness my hand and Notarial Seal this day of , 2023. My Commission No./Expiration My County of Residence: Notary Public Printed This instrument prepared by and after recording return to: Jeff Cromer, Scannell Properties, 8801 River Crossing Blvd, Suite 300, Indianapolis, Indiana 46240. IIIIIIIIII Attachment B 11111111111111111111111111111 Doc No A04527596 Certified, filed and/or recorded on Oct 13, 2014 1:52 PM Office of the County Recorder Ramsey County, Minnesota Susan R Roth, County Recorder Mark E Oswald, County Auditor and Treasurer Deputy 302 Pkg ID 1032029E Document Recording Fee Abstract $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. (Reserved for recordin ASSESSMENT AGREEMENT T (parcels 21 .30.23.34.0009 and 21 30,23 31.0032) THIS AREEII NT (the "Agreement") made this . ........ day of Oct6b r, 2014, by and between the CITY OF ARDEN HILLS, a Minnesota municipal corporation ("City"), v it s offices at 1245 Highway 96 West, Arden Hills, Minnesota 551,12, and CNW ARDEN HOLDINGS., a N inneseta LimitedPartnership, ("Owner"), with offices at 1551 Linner Road, P.O. Box 686, ' irayzata, NEnnesota 55391.. Recitals: A. The Owner owns the real property located in Ramsey County legally described as. Lot 1, Block 1. Traverse Business Center, mosey County, Miamesota (`xSul�jeet roperV'), also referred to as Tax parcels 21.30.23.34.1009 and 21.30.23-31-0032. & The Subject Property shall be assessed costs, fees and charges associated with the improvement of Round Lake Road, City Project No. PW 1 2! 01.22, in the total: amount of Eighty-five Thousand and no/100ths Dollars ($85,000,00) (the "Assessment). SET FORTH HERFIN, THE PARTIES AGREE AS FOLLOWS: 1.. The SubJect Property is hereby assessed by the City for the improvements to Round Lake Roid in the amountof ghl --five Thousand and no1100ths Dollars ($85,000.00) The foregoing amount is assessed against the Se l ect Property; however payment of the first installment of the assessment is deferred with interest until January 1, 2025, or until a building permit is issued, or a development agreement is executed between the Owner and the City for development of the Subject, Property, whichever occurs earlier. Bing the deferral period, the assessment will bear interest at the rate of four percent (4%) per antrum, At the end of the deferral period, the assessment is to be applied over a ten. (I 0) year period accruing Merest 178307V4 at - e rate of four percent (4.00%) per annum. The assessment may be prepaid without. interest prior to January 1, 2015. 2. The Assessment shail,be deemed adapted on the date this Agreement is signed b the City. The .`owner, by signing this Agreement acknowledges that all procedural an substantive objections to the Assessment are hereby waived uncendlti nails, such wai-rer includes any rights of Owner, its successor or assign to bearing requirements a -ad any claim that the assessments exceed the benefit to the Subject Property. The City hereby certifies that there are no outstanding or pending, assessments relating tea the Subject Property other than the Assessment. The Owner further waives any appeal rights otherwise available pursuant to M.S.A § 429.08 1. IN tTNESS WHEREOF, THE PARTIES HERETO HAVE SIGNED THIS AGREE' IE NI T ON THE DAY AND YEAR FIRST ABOVE WRITTEN. CITY OF ARDEN HILLS By: CMK ARDEN HOLDINGS, a Minnesota Limited Partnership By, Chesapeake Payers of NhinneapolLs, Inc., Br A Minnesota Corporation 830v4 STATE OF MI NL NE SOTA ) (Ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2014, by David Grant and by Pat Khers, respectively the Mayor and City Ach-ninistrator of the City of Arden Hills, a MuMesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Couneil. Ls' L Notary Public STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of 06 "ro b )o K by Jon P. McClure, President of Chesapeake Partners of Minneapolis, Inc., a Minnesota corporation, ass General Partner of CTNW ARDEN HOLDINGS, a Minnesota Urnited Partnership, on behalf of the limited partnersnip pursuant to its authority as General Partner. Notary Public J10"mas'Rov Christensen ISl N Public - Min m to .$ My C�1131/16g INSTRLNENT DRAFTED BY: CA.MPULT, KNUTSON ProfesslonalAssociadall 3 —17F Eagandale Office Cenwr 138"a corpurater center Curve. Ea,gan, Mlirmesota 55121 Telephone- (651) 452-5000 jjj 178307v4 CONSENT ITEM — 8G -t1 DEN HILLS MEMORANDUM DATE: October 9, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #20-010 — Scannell Properties #486, LLC —Estoppel Certificate Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Estoppel Certificate for Scannell Properties #486, LLC at 4200 Round Lake Road on the Stormwater Facilities Operation and Maintenance Agreement. Background On October 12, 2020, the City Council approved a Final Planned Unit Development for Scannell Properties #486, LLC at 4200 Round Lake Road also referred to as the Gateway Interstate Development. The project was approved with 35 conditions. One of those conditions required the Developer to execute the City's standard Stormwater and Maintenance Agreement prior to approval of the Development Agreement. That Agreement was fully executed on February 8, 2021 and recorded April 28, 2021 as Document No. A04880172, and as Amended and Restated dated March 14, 2022 as recorded March 22, 2022 as Document No. A04939239. Scannell Properties #486, LLC, has a pending acquisition of the Subject Property. As part of the real estate transaction, the Developer has asked the City to sign an Estoppel Certificate verifying the current status of the Stormwater Facilities Operation and Maintenance Agreement. This certificate confirms that all obligations under the Agreement have been satisfied and there are no violations, and no unpaid assessments are currently levied against the Subject Property in connection with this Agreement. It should be noted that this does not release or terminate the Developer or Future Buyer from the terms as stated in the Agreement. The Estoppel Certificate as presented by Scannell Properties #486, LLC has been reviewed and approved for issuance by the City Attorney and Public Works Director (Attachment A). Page 1 of 2 Options and Motion Language Staff has provided the following motion language for this request. Approval: Motion to approve the Estoppel Certificate for Scannell Properties #486, LLC at 4200 Round Lake Road on the Stormwater Facilities Operation and Maintenance Agreement. 2. Denial: Motion to deny the Estoppel Certificate for Scannell Properties #486, LLC at 4200 Round Lake Road on the Stormwater Facilities Operation and Maintenance Agreement: the City Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 3. Table: Motion to table the Estoppel Certificate for Scannell Properties #486, LLC at 4200 Round Lake Road on the Stormwater Facilities Operation and Maintenance Agreement. Budget Impact NA Attachments A. Estoppel Certificate Page 2 of 2 Attachment A ESTOPPEL CERTIFICATE September , 2023 ALTUS GATEWAY CO -INVESTOR, LLC ALTUS GATEWAY, LLC 231 S. Beraiston Avenue Suite 650 St. Louis, Missouri Attn: Phil Lager Chad Mehlman Re: Stormwater Facilities Operation and Maintenance Agreement dated February 8, 2021 and recorded April 28, 2021 as Document No. A04880172, as Amended and Restated dated March 14, 2022 as recorded March 22, 2022 as Document No. A04939239 (the "Agreement") covering the property located at 4200 Round Lake Road, Arden Hills, Ramsey County, Minnesota (the "Property") In connection with your pending acquisition of the Property from Scannell Properties #486, LLC, a Delaware limited liability company ("Scannell"), the current owner of the Property, the undersigned, being the of The City of Arden Hills, a Minnesota municipal corporation ("City"), hereby states as follows: The City is a party to the Agreement and the City confirms that at this date all obligations of Scannell have been satisfactorily performed and that there are no violations (existing or anticipated), and no unpaid assessments are currently levied against the Property in connection with the Agreement. CITY OF ARDEN HILLS Its CONSENT ITEM — 811 ,-iIZEN HILLS MEMORANDUM DATE: October 9, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Appointment of Public Works Maintenance Worker Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Appointment of Matthew Brisson to Public Works Maintenance Worker at Step 5 in the Union Pay Scale and Year 0 in the PTO scale, all other normal benefits apply. Discussion The City had a vacancy in the Public Works Department for a Maintenance Worker, following the recruitment process the City has selected Matthew Brisson as the final candidate. He comes to the City with seventeen years of experience as a Maintenance Operator with Hennepin County. Budget Impact A budget has already been established for this position in 2023 and will not adversely affect the City's budget. Attachment N/A Page 1 of 1 CONSENT ITEM — 8I ,-iIZEN HILLS MEMORANDUM DATE: October 9, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Resignation of Accounting Clerk Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Accept resignation of Accounting Clerk Discussion The current Accounting Clerk for the City has given their resignation with a last day of October 201h, the City Council should formally accept their resignation. Budget Impact N/A Attachment N/A Page 1 of 1 CONSENT ITEM — 8J ,-iIZEN HILLS MEMORANDUM DATE: October 9, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Recruitment of Accounting Clerk Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Recruitment of Accounting Clerk Discussion This approval is to authorize Staff to begin the recruitment process for the Accounting Clerk. Normally, Staff would lay out a process for recruitment; however, Staff is working with the Personnel Committee on a possible novel recommendation. Should that come to fruition Staff will bring forward an approval for the City Council, should it not, Staff will follow the typical selection and interview process as with other positions. Budget Impact N/A Attachment N/A Page 1 of 1